Motion For Change Of Venue

IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA

HERITAGE BANK, Plaintiff

CIVIL ACTION FILE NO: 09A11175-3

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JAMES B. STEGEMAN, Defendant DEFENDANT’S MOTION FOR CHANGE OF VENUE COMES NOW, James B. Stegeman and files his Motion for Change of Venue. Because this Petition and the civil action filed simultaneously with the Petition deals with several County entities both directly and indirectly Mr. Stegeman will not be afforded meaningful access and a fair and impartial tribunal. Circumstances revolving around proper parties’ lack of payment for the “vehicle”, lack of accountings being performed, Judgments that are Void on their face, refusals of the Courts to Rule, together with being denied the Right to Appeal Final Orders; all show that Mr. Stegeman has been unable to, presently cannot, and most probably will never be able to have a fair hearing within this Court system from Probate Court to Superior Court. Mr. Stegeman, a disabled adult “Exhibit A” thereby a protected class of person, has continually been denied due process of law by the Courts within the Stone Mountain Judicial Circuit. STATEMENT OF FACTS A.

Related Cases Although Mr. Austin, Jr. would have this Court believe that there are no related

cases, the facts clearly show that there are numerous related cases “Exhibit B” to the

“vehicle”. Mr. Austin, Jr. also misrepresents who the proper party Heritage Bank should be pursuing for payment/non-payment of the “vehicle”. Already, Mr. Stegeman’s Rights are being violated by opposing counsel. Probate Estate No.: 2002-1161, riddled with fraud upon the Court, the Probate Clerk illegally appointed a Guardian of Property for the Estate of Jean Caffrey. Assets belonging to Ms. McDonald and Mr. Stegeman were illegally seized without due process of law, and directly led to Superior Court Civil Action No: 02-cv-9732-8, which was a frivolous, vexatious litigation brought for the sole purpose of keeping the assets tied up by the bank by claiming the accounts were in litigation; thereby preventing Ms. McDonald and Mr. Stegeman their assets while the assets were being wasted. The case drug on for two years. Probate Estate No.: 2002-1161 directly led toPro Se action: In Re: Estate of Jean Caffrey(Appeal from Probate Court/Void Judgment) Superior Court Stone Mountain Judicial Circuit Civil Action File No.: 05-cv-13909-91. Probate Estate No.: 2002-1161 directly led to Hicks v. Stegeman, Civil Action File No.: 06A44151 is State Court DeKalb County, which Mr. Stegeman proceeded Pro Se. The case has been before that Court for over three years. More than one year ago, Mr. Stegeman filed for Judgment as a Matter of Law. The Motion has been unopposed for over a year and the Judge still has failed to Rule. Probate Estate No.: 2002-1161 directly led to Superior Court Civil Action No.: 06-cv-1065-8, Stegeman, and McDonald v. Wachovia Bank, N.A. and Wachovia Securitiesin which Plaintiffs proceeded Pro Se. Plaintiffs were denied the Right to file Mr. Stegeman filed Notice of Appeal and the fee was paid; Probate Court held the check until an Appeal would not be timely filed, mailed the check back and said that they were not going to let him Appeal, so he filed in Superior Court Appeal and Void Judgment. This Appeal was held and not Ruled on for over three years. June 26, 2009, after two preemptory hearings a jury trial set for an Appeal, a Final Order was given. Mr. Stegeman timely filed Notice of Appeal to Supreme Court, and filed Motion to Proceed on Appeal in Forma Pauperis July 16, 2009; Motion to Proceed on Appeal in Forma Pauperis has yet to be ruled on and is currently pending in Superior Court. 1

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any evidence, and the case was Dismissed for failure to state a claim for which relief can be granted. Appealed to Georgia Court of Appeals No: A07A1846; then Petition for Certiorari to The Supreme Court of Georgia No: S08C0805. Probate Estate No.: 2002-1161 directly led to Pro Se action: Stegeman v. State of Georgia, et., al., in The U.S. District Court for the Northern District of Georgia, Atlanta Division Civil Action File No.: 1:06-cv-02954-WSD, which was Appealed to U.S. Court of Appeals for the Eleventh Circuit Appeal No.: 07-13540-I, for which Cert. to U.S. Supreme Court was filed No.: 08-8320. Probate Estate No.: 2002-1161 directly led to State Court Heritage Bank v. Stegeman, Civil Action Nos.: 09A11175-3, and 09A11176-3. Mr. Stegeman cannot and will not have a fair and impartial tribunal in this Judicial Circuit, he MOVES this Court to GRANT his Motion for change of venue and have the case taken to Fulton County where the DeKalb County Courts and employees are not intimately involved, and thereby will not attempt to protect the proper parties to the cases at bar, the entities that should be held responsible to Heritage Bank. CONCLUSION Mr. Stegeman has shown that he is a disabled adult within the guidelines of ADA and the Social Security Act, thereby a protected class of person. Mr. Stegeman has further shown that his Civil and Constitutional Rights, the Bill of Rights, and the Fourteenth Amendment have continually been violated by the Courts within this Judicial Circuit. Mr. Stegeman prays that this Honorable State Court will GRANT his Motion for Change of Venue and have the case transferred to State Court of Fulton County so that both he and Heritage Bank may be availed justice. {Signature on following page] Respectfully Submitted this 20th day of August, 2009

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By: _______________________________ JAMES B. STEGEMAN, Pro Se 821 Sheppard Rd. Stone Mountain, GA 30083 (404) 300-9782

CERTIFICATE OF SERVICE

I Certify that I have this 20th day of August, 2009 served a true and correct copy of the foregoing Motion for Change of Venue through their attorneys on record by causing to be deposited with the U.S.P.S., First Class Mail, proper postage affixed thereto, addressed as follows: Thomas E. Austin, Jr. 3490 Piedmont Road, N.E. Suite 1005 Atlanta, GA 30305

_______________________________ JAMES B. STEGEMAN, Pro Se 821 Sheppard Rd. Stone Mountain, GA 30083 (404) 300-9782

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