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IN THE STATE COURT OF DEKALB COUNTY

STATE OF GEORGIA

HERITAGE BANK,
Plaintiff CIVIL ACTION
FILE NO: 09A11175-3
v

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

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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.
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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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