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IN THE SUPERIOR COURT OF DEKALB COUNTY

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STATE OF GEORGIA
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JOHN C. JOYNER as § ...'file cO'-//:"~'{ CO:':n
Guardian of the Property of § lil,/YGAY<fi

JEAN CAFFREY, §
Incapacitated Adult §
Plaintiff, §
vs. § CIVIL ACTION FILE
§ NUMBER 02-CV-9732
JAMES B. STEGEMAN §
Defendant §
§

DEFENDANT'S ANSWER, DEFENSE AND COUNTERCLAIIV!

Comes now, the Defendant, JAMES B. STEGEMAN and files his Answer

and Counterclaim to Plaintiff's Complaint as follows:

FIRST DEFENSE

Plaintiff's complaint fails to state a claim for which relief can be granted.

SECOND DEFENSE

Defendant responds to the specific allegations in Plaintiff's Complaint as

follows:

1.

Defendant admits paragraph 1 of Plaintiff's complaint.

2.

Defendant admits paragraph 2 of Plaintiff's complaint.

3.

Defendant admits paragraph 3 of Plaintiff's complaint.


4.

Defendant admits paragraph 4 of Plaintiff's complaint.

5.

Defendant denies the allegations in paragraph 5 of Plaintiff's complaint.

6.

Defendant admits paragraph 6 of Plaintiffs complaint.

7.

Defendant denies the allegations in paragraph 7 of Plaintiff's complaint as

stated.

8.

Defendant denies the allegations in paragraph 8 of Plaintiff's complaint as

stated.

9.

Defendant denies the allegations in paragraph 9 of Plaintiff's complaint as

stated.

10.

Defendant denies the allegations in paragraph 10 of Plaintiff's complaint

as stated.

11.

Defendant denies the allegations in paragraph 11 of Plaintiff's complaint.

12.

Defendant denies the allegations in paragraph 12 of Plaintiff's complaint.


13.

Defendant denies the allegations in paragraph 13 of Plaintiff's complaint.

14.

Defendant denies the allegations in paragraph 14 of Plaintiff's complaint.

15.

Defendant denies the allegations in paragraph 15 of Plaintiff's complaint.

16.

Defendant denies the allegations in paragraph 16 of Plaintiff's complaint.

17.

Defendant denies the allegations in paragraph 17 of Plaintiff's complaint.

18.

Defendant denies the allegations in paragraph 18 of Plaintiff's complaint.

19.

Defendant denies the allegations in paragraph 19 of Plaintiffs complaint.

20.

Defendant denies each and every allegation in Plaintiff's complaint not

specifically admitted.

COUNTERCLAIM TO ASCERTAIN RIGHT


OF OWNERSHIP OF ASSETS

Comes now, JAMES B. STEGEMAN and sets forth his complaint against

JOHN JOYNER as Guardian of the Property of Jean Caffrey, an incapacitated

adult, and respectfully show this Court as follows:


1.

The Defendant resides at 821 Shepphard Road, Stone Mountain, Georgia

30083, Dekalb County, Georgia.

2.

The Plaintiff, JOHN JOYNER, resides in Dekalb County and currently the

Guardian of the Property of Jean Caffrey, an incapacitated adult. He is a

resident of Dekalb County.

3.

Jean Caffrey resides at 5190 Sheppard Court, Stone Mountain, Georgia

30083, Dekalb County, Georgia. Her present location is unknown.

4.

Jurisdiction and venue ~sproper in this court.

5.

Defendant has been caring for Jean Caffery since 1997. Jean Caffrey is

James B. Stegeman's aunt. She is currently ninety-one (91) years old and is

physically disabled.

6.

Defendant, James B. Stegeman and Jean Caffrey have always had a

good relationship.

7.

In ~ovember 1992, Jean Caffrey Quit Claimed property to Defendant,

James B. Stegeman as joint tenants with right of survivorship. (See Exhibit "A").
8.

The property described in Exhibit "A" and jointly owned by James B.

Stegeman and Jean Caffrey was eventually sold in May 1997.

9.

The proceeds from the sell of the jointly owned property were used to

open an account at First Union.

10.

This account is jointly owned by James B. Stegeman and Jean Caffrey.

11.

A portion of the money from the sell of the property in 1997 was used to

buy Jean Caffrey a home that she wanted.

12.

Jean Caffrey also opened an annuity account with James B. Stegeman

named as the survivor of that account.

13.

Defendant took care of Ms. Caffrey's every need.

14.

In January 1998, Ms. Caffrey gave Defendnt, James B. Stegeman a

Durable Power of Attorney to handle her affairs. (See Exhibit "B").

15.

Ms. Caffrey was of sound mind when she signed and executed Exhibits

"A", and "8" and each document was signed freely and voluntarily and without

duress.
16.

An emergency petition for guardianship of Jean Caffrey's property was

filed in Dekalb County Probate Court in June 2002 by the Department of Family

and Children Services.

17.

The petition alleged that Jean Caffrey is physically disabled and afraid of

her nephew and that she no longer wants him to manage her finances.

18.

A hearing was held in Probate Court and Defendant, James B. Stegeman

was not allowed to present evidence regarding his ownership of money, stock

and investments.

19.

The Probate Court was without jurisdiction and failed to hear evidence of

Mr. Stegeman's ownership of the assets.

20.

The Court appointed John Joyner, County Guardian to be emergency

guardian of the property of Jean Caffrey, a gravely incapacitated adult on June

14,2002.

21.

This Judgment in affect deprived Defendant of his property without due

process of law.
22.

The guardian has taken Defendant, James B. Stegeman's name off of

every ban~ account and has removed other items belonging to Defendant from

the Caffrey residence. Mr. Stegeman has no access to his legal funds,

whatsoever.

23.

The Guardian's actions have ultimately ruined Defendant, James B.

Stegeman's credit.

24.

Mr. Stegeman needs this Court to intervene and enjoin the Guardian from

further depriving Mr. Stegeman of his rightful and legal assets and to ascertain

the respective assets of each party.

WHEREFORE, Defendant prays that:

a) Defendant's counterclaim be granted;

b) Plaintiff's complaint be dismissed;

c) That the court ascertain the respective assets of Defendant and the

ward, Jean Caffrey;

d) That the Guardian be enjoined from using or wasting funds or

assets until the respective assets of each party is ascertained;

e) That Defendant be awarded attorneys fees' and


f) That such other and further relief as the Court may deem proper

and just be awarded.

~
PATTIE J. W)lUAMS
Georgia State Bar No. 763505
Attorney for Plaintiffs

400 West Crogan Street


Lawrenceville, Georgia 30045
770.513.1900
STATE OF GEORGIA

COUNTY OF GWINNETT

VERIFICATION

Personally appeared before the undersigned officer, authorized by law to


administer oaths, the undersigned Affiant, who on oath deposes and says the
facts set forth in the foregoing pleadings are true and correct.

~ ...
Sworn to C;:lndsubscribed to before me

,2002.

NOTARY PUBLIC
My Commission Expires: _
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STATE OF GEORGIAIYOV
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/2 '.J r;;'l. ·:,'btrt'lCLAIM DEED FOR
.WI rif-RIGHT-'QF-SU JOIl"I' TENl\.NrS
RV IVORSHIP------
COUNTYOF DEKALa;n.£/iM'
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J~
l DEJ(4L£ ;:-~()UfV~;:~~
day of ~
..~'~:Ol1l? .
,
i:O )( This Indenture, made t~f~ ~~
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0
o •.• !.l.J 1992, between JEAN STEGEMANCAFFREY, party of the first part,
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and JEAN STffiEMA.NCAFFREYand JAMES B. STEGEMAN,partiy of the
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second part, as joint tenants with right of survi vorship for


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and during their joint lives, then upon the death of either one
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of them, to the survivor of them.


~;!;'1:~££!!!!:

JEAN STffiEMANCAFFREY, for and in consideration for LOVE


and AFFECTION and other valuable consideration, receipt whereof
is hereby acknowledged, does hereby grant, bargain, convey unto
JEAN STEl3EM!\NCAFFREY and JAMES B. STEGEMAN,as joint tenants
with right of survivorship, for and during their joint lives,
and, upon the death of either of them, then to the survivor of
them, in fee simple, together with every contingent remainder
and right of reversion, and to the heirs and assigns of said
survivor, the following described property:

All that real estate situated and being in Land Lots fifty-nine
and sixty (59 and 60) of the Eighteenth (18) District of DeKalb
Cbunty, Georgia, and being part of Lot One (1) and Lot Two (2)
in Block "B" of Clairmont Acres described as follows:

BEGINNING at a point on the East side of Clairmont Road Five


Hundred (SOD) feet Northwesterly from a point where the North
side of Peachtree Creek intersects the Eastern side of Clairmont
Road, said distance being measured along the East side of said
Clai rmont Road and running thence Northwest along the Easterly
side of Clairmont Road Eighty-nine (89) feet to an iron pin
corner; thence Northeasterly Ninety-one (91) feet to an iron
pin corner; thence northeasterly again Two Hundred and Forty-
eight (248) feet to an iron pin corner; thence Southerly One
Hundred (laD) feet to a corner; Thence Southwesterly Th ree
Hundred (300) feet to the East side of Clairmont Road and the
point of beginning, having located thereon a house known as
:fIl661 (formerly 111723) Clairmont Road, according to the .present
system of numbering houses in the City of Decatur and suburbs.
The above-described property is more particularly described in
a certain plat made by L. H. Fitzpatrick, C.E., of the property
of John C. and. Jean Stegeman Caffrey dated December, 1958.

TO HAVE AND TO HOLD said property, together with all and


singular the rights, members, hereditaments, improvements,
easements, and appurtenances thereunto belonging or in any
wise appertaining unto the party of the second part, as joint

80m: 7 4b4PAGE 4 79
tenants with right of survivorship, for and during their joint
lives, and upon the death of either of them, then to the
survivor of them in fee simple, together with every contingent
remainder and right of reversion, and to the heirs and assigns
of said survi vor.

IN WITNESS WHEREOF, the party of the first part has set


her hand and seal the day and year first above written.
51 GNED, SEALEDAND DELIVERED
IN 'llIE P RESEN::E OF:

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mmI8eIOnEJIplresFebruary1B.1sBS.

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''',,' ,A, Stone Mountain, GA 30083

Boa,; 'l404PAGE480
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\ l\F )--" '-'J- FILED AND RECORDED THIS

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AT ,;j0. 3~ .--1t..- .M.

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DVRABLEI'OWER OF A'ITORNEY CLERK OF SUPERIOR
DEKALB COUNTY, GEORGIA
COURT

KNOW ALL MEN BY THESE PRESENTS, that I Jean S. Caffrc:y, of5190 Sheppard Court, --./
Stone Mountain, GA 30083 do hereby make, constitute and appoint James B. Stegeman of821
Sheppard Road, Stone Mountain, GA 30083 my true and lawful ~lttorney for me and in my name,
place and stead, and in my behalf, and for my use and benefit:

] _ To exercise or perform any act, power, duty, right or obligation whatsoever that I now have,
or may hereafter acquire the legal right, power, or capacity to exercise or perform, in connection
with, arising from, or relating to any person, item, transaction, thing, business, property, real or
personal, tangible or intangible, or matter whatsoever.

2_ To request, ask, demand, sue for, recover, collect, receive, and hold, possess and invest all
sums of money, debts, commercial paper, checks, drafts, accounts, deposits, bequests, devises,
notes, interests, bonds, dividends, certificates of deposit, any and all documents of title, choses in
action, and demands whatsoever, whether agreed to or disputed, as now are, or shall hereafter
become, owned by, or due, owing payable, or belonging to, me or in which I have or may
hereafter acquire any interest, to have, or use; and take all lawful means and equitable and legal
remedies, procedures, and writs in my name for the collection and recovery thereof, and to adjust,
sell, compromise. and agree for the same; and to make, execute, and deliver for me, on my behalf,
and in my name, all endorsements, releases, receipts, or other proper discharges for the same as if
done by me personally.

3, To maintain, repair, improve, manage, insure, rent, lease, grant, bargain, sel!, exchange, pledge
and contract for all of the foregoing, and in any way or manner delll with all or any part of any
real or personal property whatsoever, tangible or intangible. or any interest therein, that I now
own or may hereafter acquire, in my behalf, and in my name; and to effect any or all of the
above-described transactions to any entities on such terms and at prices my attorney-in-fuct may
deem proper, and in my name to make, execute, acknowledge and deliver any deed of conveyance
or other instrument, necessary to effect such transactions; and to ask for, demand, sue for,
collect, recover and receive all monies which may become due and owing to me by reason of such
transaction.
--/
4. To conduct, engage in, and transact any and all lawful business of whatever nature or kind for
me, on my behalf and in my name.

5. To receive, deposit, hold, invest or cash all payments which I re~ive from Social Security,
Medicare or any other government program or agency, annuities, pension and retirement benefits,
insurance benefits and proceeds and to request, ask, demand, sue for and recover same.

6. To make, receive, sign, endorse, execute, acknowledge, deliver, and possess such applications,
contracts, agreements, options, covenants, conveyances, deeds, trust deeds, security agreements,
bills of sale, leases, mortgages, assignments, insurance policies, bills oflading, warehouse
receipts, documents of title, bonds, debentures, checks, drafts, bills of exchange, letters of credit,
notes, stock certificates, proxies, warrants, commercial paper, receipts, withdrawal receipts and
deposit instruments relating to accounts or deposits in, certificates of deposit of, or investments
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GEORG1A, DEKAlB COUNTY


I HEREBY CERTIFY THE WITHIN AND FOREGOING
TO BE A TRUE. CORRECT AND COMPLETE COpy OF

'~E rN ,~R1G1NAL G ~\ \ PAGE;::;t2 ~ a~pORD


BOOKTH~nAPPEARS IN
IN THIS ~9I
ThislOAYOF (1iX ' 20~,

.~.~0~
DEP . CL , DEKALB ..
SUPERIOR
COURTDEKAlB COUNTY, GEORGIA
with or through banks, savings and Joan brokers, mutual fund companies or other institutions or
associations, proofs of loss, evidences of debts, releases, and satisfaction of mortgages, lien,
judgments, security agreements and other debts and obligations and such other instruments in
writing of whatever kind and nature as may be necessary or proper in the exercise of the rights
and powers herein granted.

7. To enter any safe deposit box, vault or other storage area leased by me alone or in conjunction
with any other person, to sign such documents as may be necessary to gain access to same, and to
examine, remove and keep the contents of same fully as I could ifI were present.

8. To prepare, or cause to be prepared, federal, state and local tax returns and Internal Revenue
Service, state and local powers of attorney; to execute and file federal, state and local tax returns
on my behalf and in my name; to respond to notices and audit inquiries and to senle tax disputes.

9. To deal with and elect options under retirement plans including but not limited to annuities,
pension plans, profit sharing plans, individual retirement accounts, roll overs, transfer and
voluntary contributions of same; to apply for and maintain life insurance; to complete charitable
contributions;' to make statutory elections and disclaimers; and to settle, pursue, or appeal
litigation on my behalf and in my name.

10. To make, execute, deliver and complete gifts of my property, whether real or personal,
tangible or intangible, and without regard to whether such gifts are a part of estate planning or
otherwise, and regardless ofwbether such gifts are a part of a panern begun by me.

II. I grant to said attorney full power and authority to do, take, and perform, all and every act
and thing whatsoever requisite, proper, or necessary to be done, in the exercise of any ofthe
rights and powers herein granted, as fully for all intents and purposes as I might or could do if
personally present, with full power of substitution or revocation, hereby ratifying and confirming
all that said attorney, or his substitute or substitutes, shall lawfully do or cause to be done by
vinue of this power of attorney and the rights and powers herein granted .
'"--..
..

12. No person shall be required to inquire as to the circumstances of the issuance or use of this
instrument or as to the disposition of any proceeds paid to my attorney based on this instrument.

13. This is a durable power of attorney. The rights, powers, and authority of my agent shall
commence and be in full force and effect on the date of execution ofthis instrument, and such
rights, powers, and authority shall remain in full force and effect thereafter until my death. This
power of attorney shall not terminate on my subsequent disability or incapacity.

As used herein, "disability" or "incapacity" shall mean that my ability to receive and evaluate
information effectively or to communicate decisions, or both, is impaired to such an extent that I
lack the capacity to manage my financial resources as determined by the certification of one
licensed physician, and shall include by inability to take actions due to involuntary detention or
disappearance, as determined by affidavit of one party with knowledge regarding the same. I
hereby waive any physician-client privilege for this limited purpose and authorize the disclosure
or such certification by the physician to my agent for use by that person as necessary hereunder.
-2-

BOOK!J~~JlrAG:(}~(J

.---.-
14. I also grant to my attorney the authority to pay reasonable compensation to my attorney and
to people assisting my attorney, and to reimburse my attorney for any reasonable expense
incurred.

Ifthis Durable Power of Attorney is terminated by operation oflaw, any person acting in reliance
upon it without notice of such termination shall be held harmless. The enumeration of specific
terms, rights, acts or powers is not intended to limit the definition or scope of powers granted
herein.

Caffrey has executed this Durable Power of Attorney on


/19.6

Notary's Acknowledgment

State of Jl ' )
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County of \\:id ' \...1 .""7fil'
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On this ~21 <h.u LYY8,
person and whobefore me personally
executed appeared
the foregoing Jean S.and
instrument Caffrey, to me known
acknowledged to metothat
be the
Jean S. Caffrey executed the same as his free act and deed .

.1'1 I'ubIic. Gwlnml!l County,


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