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Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 1 of 19

IN THE UNITED STATES DISTRICT COURT APR 0 4 2096
FOR THE NORTHERN DISTRICT OF GEORGIA
AT LANTA DIVISION LUTHER, D• THOMAS, M=AS, Clerk
~y: :~
T
JAMES B. STEGEMAN, )
JANET D. MCDONALD, )

Plaintiffs

V. CIVIL ACTION
FILE NO.: 1 :06-CV-00247-WSD
WACHOVIA BANS, NATIONAL, )
ASSOCITAION, et al )
WACHOVLA SECURITIES )

Defendants }

PLA INTIFF'S INITIAL DI SCLOSURES

Pursuant to Fed. R . Civ . P. 26(a)(1) and LR 26. 1, Plaintiffs, James

B. Stegeman and Janet D . McDonald makes the following initial disclosures :

(1) What Wachovia did : Breach of contract ; breach of fiduciary duty, fraud,

malicious slander :

June 2002 Wachovia removed all funds from CAP Premier Bank acct.# :

4802298204 containing brokerage # : 573 1 6672 titled Janet D . McDonald and

James B . Stegeman Joint Tenants With Rights of Survivorship and placed into a

closed CAP Premier Bank acct .#: 4800508691 and Investment acct . # :

The Plaintiffs. while accounts frozen and without proper authorization.85. Wachovia then re-closed the CAP Bank account # : 4800508691. Wachovia changed the address. Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 2 of 19 19524U58 that had been titled Jean S . Wachovia refused all information about the accounts to the Plaintiffs . Wachovia removed $14. upon discovering unauthorized activity in their accounts had attorney Mr . On or around June 28 . Sam Appel freeze the accounts to which the funds had been transferred. # : 19524058 .#: 19524058 which showed $258.943 .00 the CAP Bank account # : 4800508691. Stegeman. Joint Tenants With Rights of Survivorship and transferred all of the Plaintiffs assets . 2 . Brokerage acct . Mr. de-linked Mr.173 . Stegeman from the accounts . Early July. 2002. de-linked all accounts. leaving only brokerage acct . Financial advisor. Caffrey and James B . showing no marginal loan against it . All the while. Senior Vice President Wachovia Securities. Busch informed Plaintiffs the accounts had disappeared from computer system and said that he was no longer allowed to talk to Plaintiffs about the accounts .

Jean Caffrey. which would have been correct. Financial advisor. The real acquisitions were dated May 08. 1997 . The balance showed $409. Stegeman what he had signed to authorize removal of Mr. When trying to 3 . Stegeman's name. Mr. 2003 . Busch called. Mr. 1997. The Plaintiffs got the first properly titled statement November 2005 . 2004 Plaintiffs were given the Bank records subpoenaed by attorney Ms. Williams . Stegeman Joint Tenants With Rights of Survivorship . 1997 . The accounts were still said to be frozen. asked Mr . Mr. Joyner's name and his Social Security Number as the owner . Duplicate statements subpoenaed show acquisition date of August 30.9SS . Records show two (2) different sets of Mutual Fund acquisitions for $200. Mr.000 . Stegeman's name put back on the account.00 each . Wachovia inserted forged documents. The accounts at that time titled Jean S . March 24. Caffrey and James B. Stegeman advised he had signed nothing .43. Busch had Mr . Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 3 of 19 August 2002. Wachovia records shows Mr . changed the date of acquisition. not using enough care to have the same wrong date used . Wachovia refused to release the accounts . The forged acqui sitions dated July 26 . Stegeman's Aunt passed away April 17.

Made numerous false statements about Plaintiffs) to The Untied States Securities and Exchange Commission. Caffrey as owner of the accounts knowing it to be a lie . 2005 to give all documents pertaining to the accounts so that the Plaintiffs can prove what happened to the accounts . etc . Wachovia violated an Order by Judge Hunter dated August 09. They have forged documents. denied the right to close the account . Wachovia continually falsifies Ms. illegally changed Bank records.00 . changed the address without authorization. NYSE. acquisition dates. (2) The Plaintiffs have been unable to find case law where a bank totally . Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 4 of 19 access the account. sold Mutual Funds . added a marg inal loan while insisting to The Untied States Securities and Exchange Commission there was no marginal loan. to The OCC. allowed illegal access to accounts. They have been denied all access to the account. refuses information needed to prosecute the individuals for the crimes . refused to release an account that was Joint Tenants With Rights of Survivorship upon the death of Ms . Wachovia refuses . Caffrey. they were told the account was worth $287 . re-issued stocks.

but also a tortious breach of the public policy imposed under OCGA 7-1-814" . 14-5-8 : "Whenever Securities issued by domestic or foreign corporations are or have been issued to two or more persons in joint tenancy are owned by such persons in joint tenancy with rights of survivorship. A92A194b. A92A1947. signed by the Plaintiffs states : "We are joint tenants with right of survivorship and not tenants in common. Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 5 of 19 removed the owners names . 775) (429 SE2d 102) (1993) "the Bank improperly changed the terms of the joint account by adding Ralston without compliance with OCGA 7-1-814". (207 Ga. Joyner as Guardian of Property for Caffrey and this is an act for which relief can be granted' 'RALSTON v. Caffrey and Mr .. "this is not a case where the Bank is protected from liability for payments made to a proper party. the terms via multiple-party account can be changed only : (2) By presentation to the financial institution of a modification agreement in a form satisfactory to the financial institution and signed by all parties with a present right of withdrawal . CARSON et al . O. The contract Wachovia provided. ETOWAH BANK v . App. so that in case of the death of one of us the entire account shall become the property of the survivor or survivors" . ETOWAH BANK et al ." 5 .G. : Once established.C." "Therefore the Bank's actions could constitute not only a breach of its contractual obligations under the joint account as. OCGA7-1-814 . Wachovia had no legal grounds to change the names of the McDonald\Stegeman CAP Premier account June 2002 to Ms .A.

z Wachovia had the legal documents. In reality when Ms . there has to be a notarized directive. Ms. they are in Certified Bank Records : (a) Mr. Levelsmier deposition dated March 23. Mr. taking cash is borrowing against the securities . Self. 71) (473 SE2d 507) (1996): "a guardian was appointed did not terminate the joint tenancies" and "Of course. The accounts had been opened that way in 1997 to guarantee protection of the assets . had a Notarized directive signed by Ms . (c) Ms . McDonald. a guardian's authority over property held by the ward in a joint tenancy with rights of survivorship is not equal to the personal authority which was possessed by the ward prior" . A96A0662 (222 Ga . Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 6 of 19 The CAP Premier had no cash. Stegeman is an original owner. Stegeman and Ms . (b) Mr. he alone controlled the account (Mr . The guardian of Caffi'ey did not either. McDonald. 6 . Joyner changed the address and manipulated the accounts . Caffrey in 1999 therefore the CAP Premier account was owned by Mr. Stegeman had a Special Durable Power of Attorney filed with DeKalb County and Wachovia . she did not possess the authority to change an account belonging to the Plaintiff's . Caffrey was part owner. 2004 states that to change the names on the accounts. v. Wachovia claims that Mr. Busch's deposition dated July 2003). App . I In Moore et al .

546. and a damage to [the] plaintiff' "Baldwin v . "'The tort of fraud has five elements : false representation by a defendant. signed by Joseph Ayala as Custodian of Records for Wachovia Bank and dated March 17.. 212 Ga. (199 Ga . Roberts. 4 As shown in "Certification of Records" from Wachovia Bank. the only element that must be shown to establish constructive fraud. N . PA 19101. App . that was not signed by a Judge. the terms of a multiple party account can only be changed by(2) By presentation to the financial institution of a modification agreement in a form satisfactory to the financial institution and signed by all part ies with a present right of w i thdrawal . 547. however. phone # : 267-321-3612. 2005 and August 2005 : 3 Rawlins v Campbell A3 1A0048." (Emphasis supplied . Stephen Apolinsky between the dates of January 03. make changes to the CAP Premier accounts . Roberts. intent ion to induce the plaintiff to act or regain from acting. 2004 subpoenaed By attorney Pattie J . 7 .O . Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 7 of 19 Stegeman had signed the papers agreeing to Ms . (2) (442 SE2d 272) (1994) . Wachovia has a duty to the public and it's customers to protect accounts held at their Bank. 546. App .Duty to disclose is not. 212 Ga. Box 7618 PA4292 Philadelphia.) 4 Baldw in v. App .472)(405 SE2d 111)(1991) : "Once establ ished.A. justifiable reliance by [the] plaintiff. Legal Order Processing Subpoena Department P . McDonald's ownership3 (d) Wachovia allowed someone to present a Temporary Guardianship paper. scienter. Williams and records subpoenaed by attorney Mr . 547 (2) (442 SE2d 272) (1994).

Joyner nor Wachovia had permission to change the address on the accounts . c) June. a Directive relinquishing all of Caffrey's interest in the FirstUnion\Wachovia CAP Bank and Brokerage accounts to Janet D . Stegeman and Ms. GA. 2002 a transfer into the names of the legal owners was made . Mr. Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 8 of 19 a) January 1998. It could only be revoked by a Superior Court Judge . Neither Mr. It was not . McDonald. Serge. Mr. McDonald\Stegeman's statements were illegally sent to the address of the Law Office of Joyner in Burnett in Decatur. Caffrey signed and had Notarized. Ms . Regional Manager . copy of the Temporary guardianship appointment. Compliance Analyst confirmed by letter to Mr. Appel . Sam Appe l. unsigned by a Judge. Joyner sent an uncertified. 2002 Mr . Ms . Caffrey signed a Special Durable Power of Attorney with a "death clause" and a "disabled clause" . e) June 14. McDonald. d) Attorney representing Mr. b) April 1999. notified Wachovia that there was a risk of McDonald\Stegeman accounts being accessed illegally and asked to have a "freeze" put on the accounts in a letter to Cindy Wall. accompanied by a letter to 8 .

g) Certified Bank records show that Wachovia employees discussed how to access the accounts. 821 Sheppard Rd. These accounts had been verified as frozen . closed the CAP Bank account leaving only a brokerage account . Stegeman and Ms . f) Wachovia changed the address on the mail being sent to the Plaint iffs. to where statements had been sent since the opening of the accounts . agreeing that all accounts tied to the CAP Premier account would have to be De-linked. The old account number was reopened. Joyner's name and Social Security number alone were on the account. Mr . Stegeman de-linked from the accounts . McDonald's names removed from the accounts. The records show that more than once there was a discussion of where the money went . GA 30083. 9 ~av ~n. i) Certified Bank records show Mr . and transferred while accounts frozen . Joyner while the account was frozen . Joyner had Mr . h) Bank records show that $14. Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 9 of 19 Wachovia Maintenance department stating that the mail at 5190 Sheppard Court.00 cash was removed by Mr . Stone Mountain. GA 30083 was at risk of being stolen .v wv Yi V11~J l l/1 .963 . j) Certified Bank records show that Mr . Stone Mountain. the accounts still supposed to be frozen .

m) Bank records contain forged acquisitions a few months after the original acquisitions . Wachovia complains that the "numerous statutes and causes of action". Stegeman and Ms . the Plaintiffs realize this is 10 . who signed for this? 1) Duplicate statements subpoenaed from Wachovia show the original opening date on the accounts changed. McDonald possess the original documents and copies of the forged documents . Many of the statutes listed are of criminal in nature. Mr. n) Nancy Levelsmier in deposition replies about the changing of names on the accounts : "The Bank made a mistake . are acts under which relief cannot be granted . Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 10 of 19 k) Records show "re-issue" on stocks and Mutual funds. The Plaintiffs have shown and can show that Wachovia's actions are actions for which relief can be granted . these are listed in the complaint because it shows "malice" in what Wachovia has done that does properly allege a claim for relief . James Bunch in deposition states that in 25 years he has never seen a bank or brokerage firm perform these activities. dividends falsified . Even though Wachovia claims that the actions listed above along with the violations of state law." o) Mr. Nancy Levelsmier deposition addresses the documents as "real" acquisitions .

The complaint filed lists many of the codes. that Mr . usages which are applicable. Wachovia is also fully aware that the Plaintiff's lack of knowledge of Procedure in US District Court gives Wachovia the advantage . McDonald and James B. disregard for it's customers and contempt of Wachovia . Wachovia does not deny that they are guilty of the violations. Stegeman Joint Tenants With Rights of Survivorship. legally disabled adult. The Plaintiffs reserve the right to amend the original complaint as needed from findings of discovery or other means that the Plaintiffs are yet unaware . Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 11 of 19 not a criminal prosecution . Wachovia further knows that the Plaintiff s have been denied all access to the funds in their account titled Janet D . The statutes show the extent of the malice. Stegeman is a handicapped.. Wachovia complains that the "numerous statutes and causes of action fails to properly allege a claim for relief" . if they insist there is no claim for relief . standards. Wachovia contends that they are above the law. but claim the violations lack grounds from which the Plaintiffs can be granted relief . 11 . therefore denying access to the Plaintiffs account denies the Plaintiffs opportunity to employ legal counsel in this matter.

unless solely for impeachment. or control the documents identified in Attachment C that they may use to support their claim unless solely for impeachment. In addition the Plaintiffs are including a copy of. (6) The Plaintiffs are providing a computation of any category of damages claimed . on which such computation is based. and making such documents or evidentiary material available for inspection and copying as under Fed . R. 34. or describing by category and location of.R. (5) Janet D. or 706. 702. including subjects of information. McDonald and James B . including materials bearing on the nature and extent of injuries suffered. Stegeman have in their possession. the documents or other evidentiary material.Civ. address and telephone number of each individual likely to have discoverable information that you may use to support your claims or defenses. Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 12 of 19 (3) The names and if known. custody. Damages by category : 12 . 703. Evid.P. not privileged or protected from disclosure. identifying the subjects of the information is set forth in Attachment A . (4) The Plaintiffs has not at this time designated any expert witnesses pursuant to Fed .

2006. GA 3083 (770) 879-8737 anet D .) (7) The Plaintiffs have no insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment . Y B. (8) The Plaintiffs know of no persons or legal entities who have a subrogation interest in the cause of action set forth in Plaintiffs cause of action . loss of trust associated with bank's duties . Pro Se 13 . Pro Se 821 Sheppard Road Stone Mountain. McDonald. Stegen)~kff. privacy loss. loss associated with health. Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 13 of 19 Financial loss. personal loss. (Any copies and descriptions to Initial Disclosures are attached as Attachment D . This 3dday of April. property loss. Credit destruction.

JANET D. personally appeared JAMES B . Notary Public My Commission Expires : _ ~. Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 14 of 19 STATE OF GEORGIA DEKALB COUNTY BEFORE ME. . 2006. who being by me first duly sworn. on their oath.r. 14 . STEGEMAN and JANET D. 20O6 . 821 Sheppard Rd Shone Mountain. deposes and says : That all of the information provided in THE PLAINTIFF'S INITIAL DISCLOSURES are true and correct to their ledge and belief. on this 3`d day of April. GA 30083 (770) 879-8737 (770) 879-8737 Subscribed to and worn Before me this K•day Of April.IVIC DONAL D 821 Sheppard Rd. known to me to be credible persons and of lawful age. GA 30083 ~ Stone Mountain.. the undersigned Notary. . MCDONALD. .

John. GA 30030 Mr.943. Joyner Guardian of Ms. Wachovia Securities. to no avail . LLC 250 East Ponce de Leon Ave Decatur. Joyner may have knowledge regarding paperwork giving him authority to access the accounts. The Plaintiffs have requested documents pertaining to the accounts. . $14.00 that disappeared from the accounts. he was denied all of the records . denied to them . GA 30030 (404) 377-12 00 Mr. Decatur. etc and other actions of the defendants. Ca£frev 150 East Ponce de Leon Ave . Apolinsky subpoenaed records from Wachovia Securities and just as Wachovia Bank refused all of the records . the re-issuance and sale of Mutual Funds and Stock that are missing. Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 15 of 19 Attachment A : Individuals Likely to Have Discoverable Information* Wachovia Bank Defendants Although attorney Stephen Apolinsky unsuccessfully subpoenaed the defendants several times to gain records. The Plaintiffs have requested the documents authorizing the closing of accounts.

which was totally untrue . Lillig. Stegeman was being investigated by the DeKalb County District Attorney's Office. Lillig may have information regarding the accounts. Mr. and Plainti ffs have no knowledge of circumstances that led Wachovia to make the decisions regarding the accounts that they made. GA 34101 It is believed that Mr. . III went into the Austell Branch of Wachovia and stated that Mr . Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 16 of 19 Frank Lilli g. *Because of Wachovia's refusal to release documents to the Plaintiffs. 2 . the Plaintiffs reserve the right to add additional persons in the future. Stegeman to Wachovia Bank . He was the last one that the Plaintiffs know of that discussed the accounts and or Mr. Iii Administrator of Caffrey Estate 4831 Thornhill Drive Acwort .

(2) Durable Power of Attorney signed by Ms . 2005 Motion to Compel Hearing.Documents held by Plaintiffs* (1) Original Account opening documents from the original StegemanlCaffrey CAP (Bank and investment) Premier Account. (7) Order signed by Judge Hunter August 09. Caffrey & Affidavit of Hilda Lesley who notarized document. (4) Opening documents for transfer to McDonald\Stegeman account . Serge to Mr. (9) Letter from attorney Sam Appel to Cindy Wall asking to freeze accounts. 1 . Appel verifying freeze of accounts. (3) Notarized Directive signedd by Ms .Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 17 of 19 Attachment C . Caffrey relinquishing her share of all Wachovia accounts & letter about the document and transfer of accounts from attorney Pattie Williams to Wachovia . (5) Certified Bank records subpoenaed by attorney Pattie Williams (6) Records and duplicate statements subpoenaed by attorney Stephen Apolinsky . letter from Mr . (8) Original acquisition documents for Mutual Funds dated May 1997 . stating no further disbursements would be made .

Apolinsky reference . *Plaintiffs reserve the right to add to the documents list as records and or documents are u ncovered or discovered t hat the Plaintiffs at this time are unaware.Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 18 of 19 (10) Subpoena and deposition of Mr . Apolinsky (18) Inventory by Guardian of property of Caffrey as filed with DeKalb County Probate Court which never shows the CAP Premier or Mutual Funds . Apolinsky to Wachovia Bank and Wachovia Securities (17) Motions to Compel and Sanctions filed by Mr . Busch dated 07. 2 .legal investigation and findings ( 1 6) Numerous subpoenas Mr . 2003 ( 1 1) Deposition of Nancy Levelsmier dated March 2004 (12) Documents to and From Comptroller of the Currency ( 1 3) Documents from Comptroller of the Currency acquired by FOIA (14) Documents to and from Securities and Exchange Commission (15) Letter from Mr .

GA 30083 (770)879-$737 D. Holley.. GA 30083 (770) 879-8737 Subscribed to an worti ig Before me this 3 ~ day Of April .' Q «.Case 1:06-cv-00247-WSD Document 20 Filed 04/04/2006 Page 19 of 19 CERTIFICATE OF SERVICE I hereby certify that this 3"d day of April. Mail proper postage paid to the defendants through each attorney separately as listed on file as follows : PARKER. A tlanta . HUDSON. GA 3 0303 / Pro Se 821 Sheppard Rd Stone Mountain.S. . LLP William J. MCDONALD. 2006 . N. 2006 served a true and copy of the foregoing PLAINTIFF'S INITIAL DISCLOSURE upon the defendants in th is matter by caus ing to be deposited.E. DOBBS. 11 Jodi Emmert Zysek 1500 Marquis Two Tower 285 Peachtree Center Avenue. /- . Pro Se 821 Sheppard Rd Stone Mountain. RAWER.9 ~~ Notary Publi c My Commission Expires . in the U.