Escolar Documentos
Profissional Documentos
Cultura Documentos
Plaintiffs
V. CIVIL ACTION
FILE NO.: 1 :06-CV-00247-WSD
WACHOVIA BANS, NATIONAL, )
ASSOCITAION, et al )
WACHOVLA SECURITIES )
Defendants }
(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.# :
James B . Stegeman Joint Tenants With Rights of Survivorship and placed into a
closed CAP Premier Bank acct .#: 4800508691 and Investment acct . # :
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19524U58 that had been titled Jean S . Caffrey and James B . Stegeman, Joint
Tenants With Rights of Survivorship and transferred all of the Plaintiffs assets .
attorney Mr . Sam Appel freeze the accounts to which the funds had been
transferred.
4800508691, Brokerage acct .#: 19524058 which showed $258,173 .85, showing
accounts, de-linked Mr. Stegeman from the accounts . Wachovia then re-closed
19524058 . All the while, Wachovia refused all information about the accounts
to the Plaintiffs .
Mr. 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 .
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August 2002, Wachovia records shows Mr . Joyner's name and his Social
Security Number as the owner . Financial advisor, Mr. Busch called, asked Mr .
Mr. Stegeman advised he had signed nothing . Mr. Busch had Mr . Stegeman's
name put back on the account. The accounts were still said to be frozen.
Jean Caffrey, Mr. Stegeman's Aunt passed away April 17, 2003 . The
accounts at that time titled Jean S . Caffrey and James B. Stegeman Joint Tenants
March 24, 2004 Plaintiffs were given the Bank records subpoenaed by
attorney Ms. Williams . Records show two (2) different sets of Mutual Fund
acquisitions for $200,000 .00 each . The real acquisitions were dated May 08,
1997 . The forged acqui sitions dated July 26 , 1997. Duplicate statements
forged documents, changed the date of acquisition, not using enough care to
The Plaintiffs got the first properly titled statement November 2005 . The
balance showed $409,9SS .43, which would have been correct. When trying to
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access the account, they were told the account was worth $287 .00 . They have
been denied all access to the account, denied the right to close the account .
give all documents pertaining to the accounts so that the Plaintiffs can prove
records, acquisition dates, re-issued stocks, sold Mutual Funds , added a marg inal
loan while insisting to The Untied States Securities and Exchange Commission
there was no marginal loan, allowed illegal access to accounts, changed the
information needed to prosecute the individuals for the crimes . Made numerous
false statements about Plaintiffs) to The Untied States Securities and Exchange
(2) The Plaintiffs have been unable to find case law where a bank totally
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removed the owners names . The contract Wachovia provided, signed by the
Plaintiffs states : "We are joint tenants with right of survivorship and not tenants
in common, so that in case of the death of one of us the entire account shall
established, the terms via multiple-party account can be changed only : (2) By
satisfactory to the financial institution and signed by all parties with a present
right of withdrawal . Wachovia had no legal grounds to change the names of the
Joyner as Guardian of Property for Caffrey and this is an act for which relief can
be granted'
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The CAP Premier had no cash, taking cash is borrowing against the
securities . The accounts had been opened that way in 1997 to guarantee
Wachovia claims that Mr. Joyner changed the address and manipulated
the accounts . In reality when Ms . Caffrey was part owner, she did not possess
Caffi'ey did not either. z Wachovia had the legal documents, they are in
controlled the account (Mr . Busch's deposition dated July 2003). (b) Mr.
Stegeman had a Special Durable Power of Attorney filed with DeKalb County
and Wachovia . (c) Ms . Levelsmier deposition dated March 23, 2004 states that
to change the names on the accounts, there has to be a notarized directive. Ms.
the CAP Premier account was owned by Mr. Stegeman and Ms . McDonald. Mr.
I In Moore et al . v. Self. A96A0662 (222 Ga . App . 71) (473 SE2d 507) (1996):
"a guardian was appointed did not terminate the joint tenancies" and "Of course,
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" .
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was not signed by a Judge, make changes to the CAP Premier accounts .
Wachovia has a duty to the public and it's customers to protect accounts held at
their Bank. 4
Records for Wachovia Bank and dated March 17, 2004 subpoenaed
Apolinsky between the dates of January 03, 2005 and August 2005 :
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c) June, 2002 a transfer into the names of the legal owners was made .
d) Attorney representing Mr. Stegeman and Ms. McDonald, Mr. Sam Appe l,
being accessed illegally and asked to have a "freeze" put on the accounts in a
Decatur, GA. Neither Mr. Joyner nor Wachovia had permission to change
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f) Wachovia changed the address on the mail being sent to the Plaint iffs, 821
access the accounts, agreeing that all accounts tied to the CAP Premier
h) Bank records show that $14,963 .00 cash was removed by Mr . Joyner while
the account was frozen . The records show that more than once there was a
McDonald's names removed from the accounts, closed the CAP Bank
account leaving only a brokerage account . The old account number was
j) Certified Bank records show that Mr . Joyner's name and Social Security
number alone were on the account, the accounts still supposed to be frozen .
k) Records show "re-issue" on stocks and Mutual funds, who signed for this?
m) Bank records contain forged acquisitions a few months after the original
o) Mr. James Bunch in deposition states that in 25 years he has never seen a
Even though Wachovia claims that the actions listed above along with the
violations of state law, are acts under which relief cannot be granted . The
Plaintiffs have shown and can show that Wachovia's actions are actions for
which relief can be granted . Wachovia complains that the "numerous statutes
and causes of action", these are listed in the complaint because it shows
"malice" in what Wachovia has done that does properly allege a claim for relief .
Many of the statutes listed are of criminal in nature, the Plaintiffs realize this is
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not a criminal prosecution . The statutes show the extent of the malice, disregard
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 .
Wachovia complains that the "numerous statutes and causes of action fails
to properly allege a claim for relief" . Wachovia contends that they are above the
law,, if they insist there is no claim for relief . Wachovia is also fully aware that
Wachovia the advantage . Wachovia further knows that the Plaintiff s have been
denied all access to the funds in their account titled Janet D . McDonald and
the Plaintiffs account denies the Plaintiffs opportunity to employ legal counsel
in this matter.
The complaint filed lists many of the codes, standards, usages which are
applicable, Wachovia does not deny that they are guilty of the violations, but
claim the violations lack grounds from which the Plaintiffs can be granted relief .
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(3) The names and if known, address and telephone number of each
individual likely to have discoverable information that you may use to support
your claims or defenses, unless solely for impeachment, identifying the subjects
(4) The Plaintiffs has not at this time designated any expert witnesses
custody, or control the documents identified in Attachment C that they may use
information.
category and location of, the documents or other evidentiary material, not
including materials bearing on the nature and extent of injuries suffered, and
Damages by category :
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Financial loss, property loss, Credit destruction, personal loss, privacy loss, loss
associated with health, loss of trust associated with bank's duties . (Any copies
(7) The Plaintiffs have no insurance agreement under which any person
(8) The Plaintiffs know of no persons or legal entities who have a subrogation
B, Stegen)~kff; Pro Se
821 Sheppard Road
Stone Mountain, GA 3083
(770) 879-8737
anet D . McDonald, Pro Se
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STATE OF GEORGIA
DEKALB COUNTY
BEFORE ME, the undersigned Notary, on this 3`d day of April, 2006,
Notary Public
My Commission Expires : _
~. , .
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Wachovia Bank
Defendants
defendants several times to gain records, he was denied all of the records .
as Wachovia Bank refused all of the records . The Plaintiffs have requested
John. Joyner
Guardian of Ms. Ca£frev
150 East Ponce de Leon Ave .
Decatur, GA 30030
(404) 377-12 00
authority to access the accounts, the re-issuance and sale of Mutual Funds and
Stock that are missing, $14,943.00 that disappeared from the accounts.
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accounts. He was the last one that the Plaintiffs know of that discussed the
accounts and or Mr. Stegeman to Wachovia Bank . Mr. Lillig, III went into
the Austell Branch of Wachovia and stated that Mr . Stegeman was being
totally untrue .
make the decisions regarding the accounts that they made, the Plaintiffs
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of all Wachovia accounts & letter about the document and transfer
Apolinsky .
(7) Order signed by Judge Hunter August 09, 2005 Motion to Compel
Hearing.
(8) Original acquisition documents for Mutual Funds dated May 1997 .
(9) Letter from attorney Sam Appel to Cindy Wall asking to freeze
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findings
Wachovia Securities
Mutual Funds .
2
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CERTIFICATE OF SERVICE
I hereby certify that this 3"d day of April, 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, in the U.S. Mail proper
postage paid to the defendants through each attorney separately as listed on
file as follows :
PARKER, HUDSON, RAWER, DOBBS, LLP
William J. Holley, 11
Jodi Emmert Zysek
1500 Marquis Two Tower
285 Peachtree Center Avenue, N.E.
A tlanta , GA 3 0303 /
Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
(770)879-$737
D. MCDONALD, Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
(770) 879-8737
Subscribed to an worti
ig
Before me this 3 ~ day
Of April , 2006 .
,,'
Q «,9 ~~
Notary Publi c
My Commission Expires .
/-