IN THE SUPERIOR COURT OF DEKALB COUNTYSTATE OF GEORGIA

JANET D. MCDONALD,JAMES B. STEGEMAN,

PLAINTIFFS

V

GEORGIA POWER COMPANY, et., al., DEFENDANTS

CIVIL ACTION

FILE NO: 07CV11398-6

PLAINTIFFS’ RESPONSIVE OBJECTIONS TO FIRST AMENDMENT TO

GEORGIA POWER’S VERIFIED ANSWER AND COUNTERCLAIM_______________________________________________________________

COMES NOW, Plaintiff Janet D. McDonald and Plaintiff James B. Stegeman and

file their Responsive Objection to First Amendment to Defendant Georgia Power’s

Verified Answer and Counterclaim. Plaintiffs move this Court for Dismissal of

Defendant’s Verified Answers, and Amendment to Verified Answers, Dismissal of

Defendant’s Counterclaim and Amendment to Counterclaim.

Plaintiffs filed a Prima Facie Verified Complaint with Prima Facie Evidence in

support of their complaint. Plaintiffs’ complaint stated the Defendants have no easement

rights pertaining to Plaintiffs’ property. Defendants failed to plead with Prima Facie

Rebuttal and evidence. Defendants’ Verification amounts to hearsay and unsubstantiated

innuendos. Plaintiffs further Move this Court for O.C.G.A. §9-11-12(b)(6) Dismissal

of Defendant’s Counterclaim for failure to state a claim upon which relief can be

granted and for an Order granting Judgment in Plaintiffs favor on all counts.

ISSUES OF THE CASE

Plaintiffs’ case is brought before this Court from an on-going dispute about

Georgia Power’s alleged easement rights. Plaintiffs deed makes no reference to a utility

easement, the deed shows only an ingress – egress easement between the 811 and 821

properties due to a shared driveway. “Exhibit A”

In 2004 Georgia Power’s Nancy Huddleston under false pretenses,1 using deceit

and fraud in the inducement claimed “imminent domain”. Georgia Power has known for

at least four years that the easement documents were fraudulent, yet they attached the

1941 easement document to their Verified Answers and Counterclaim does not pertain to

Plaintiffs’ property. Georgia Power has wantonly, maliciously, intentionally, and

continually made fraudulent claims using a fraudulent document, thereby have been a

nuisance, criminally trespassed, harassed, intimidated, and criminally damaged Plaintiffs’

property.

March 12, 2008, the Court filed Plaintiffs’ Motion to Strike Defendants’ Verified

Answers and Counterclaim on the grounds of perjury/false swearing, use of a fraudulent

document2 and Georgia Power’s unsupported claim of easement rights which Plaintiffs

have shown that from the beginning of, during, and continuing throughout the on-going

dispute between Plaintiffs and defendants, that Plaintiffs repeatedly disputed the

relevancy and legitimacy of Georgia Power’s easement documents. Plaintiffs provided

undisputed evidence to this Court that the one document that Defendants attached to

prove their claims only proved that Plaintiffs’ Verified Complaint correctly stated that

Defendant’s have neither easement rights nor legal documentation pertaining to

Plaintiffs’ property.

March 20, 2008 Plaintiffs filed Motion to Stay Discovery and All Other Processes

Pending Plaintiffs’ Motion to Strike. Since that time, Defendants have, among filing

other documents, filed two frivolous Motion to Compel, Defendant’s First Amendment

with a Motion For Reformation, and Opposition to Plaintiffs’ Allegations of Misconduct

1 “false pretenses. The crime of knowingly obtaining title to another’s personal property by misrepresenting a fact with the intent to defraud…. – Also termed obtaining property by false pretenses; fraudulent pretenses, Cf. larceny by trick under LARCENY; EMBEZZLEMENT.” Black’s Law Dictionary, Seventh Ed. Pg. 6192 Georgia Power, on more than one occasion, and as recently as August 2008, produced two different easement agreements, one from 1937, one from 1941 which Plaintiffs have presented to the Court. Plaintiffs fail to understand why Georgia Power abandoned the 1937 agreement, although the 1937 agreement did not pertain to Plaintiffs’ property, at least the 1937 agreement properly spelled Sheppard Road. Of course, after Georgia Power reads this, surely they will decide that the 1937 easement agreement was the one that they really want “Reformation” of.

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(which Plaintiffs received via US mail May 23, 2008) making sure to have all filed before

the upcoming hearing scheduled for May 27, 2008.

{* NOTE: Plaintiff McDonald placed a call Friday May 23rd to inquire with the calendar clerk about the May 27th hearing (which still does not show on the On-line Judge’s calendar), and to inquire about this Court’s Court Reporter’s availability for the hearing. Plaintiff McDonald was transferred (by an unknown party) to Judge Becker’s Law Clerk Mr. Hash. Mr. Hash told Ms. McDonald that she would need to call Monday morning and talk with the Court Reporter. Later that same afternoon (May 23 rd), Plaintiff McDonald realized that Monday the 26th of May is Memorial Day and that the Courts would be closed, thereby preventing the opportunity to contact the Court Reporter on Monday. Rather than risk a hearing without a Court Reporter, Plaintiff McDonald was able to locate a Court Reporter that would be available for the hearing. Plaintiffs sincerely believe that bringing in an outside Court Reporter is much less cost effective, nevertheless made the necessary arrangements for the Court Reporter to attend the hearing.}

RELEVANT FACTS

Georgia Power alleges harassment, obstruction in the exercise of their easement

rights, that one or both Plaintiffs threatened Matt Goff’s life, and a “blatant disregard” for

Georgia Power’s easement rights. Should Georgia Power have had any legal easement

rights, they would have brought the matter before the Court, requested “Reformation” on

the easement document and “Declaratory Judgment”. Instead, Georgia Power attempts

larceny by extortion”3 by hiring State Patrol Troopers to whom they claimed to have a

Court Order and that Plaintiffs’ had threatened to “kill” Matt Goff. Hidden within

Defendant’s Amendment to Verified Answers and Counterclaim, is Defendants’ request

for “reformation” of the same Easement that Defendants previously sworn on oath to be

true and correct. By requesting “Reformation”, Georgia Power has made a judicial

confession that Plaintiffs’ Verified complaint correctly stated that the Document did not

pertain to Plaintiffs’ property, and in turn shows that all Counts in Plaintiffs’ Verified

Complaint are true as well.

3 larceny by extortion. Larceny in which the preparatory obtains property … (2) accuse anyone of a criminal offense, … or (7) inflict any other harm that would not benefit the actor. Model Penal Code § 223.4. See EXTORTION. Black’s Law Dictionary, Seventh Ed. Pg. 886

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The request for “Reformation” is not properly before this Court and must be

denied. Further, even should this Court grant Reformation, the Easement Agreement will

still fail to pertain to Plaintiffs’ property and constitutes not only a fraud upon the Court,

but Georgia Power requests that this Court falsify4 real estate documents for them to

make their evidence conform to their sworn pleadings. Plaintiffs are entitled to Judgment

as a matter of law.

DEFENDANT’S FIRST AMENDMENT TO VERIFIED ANSWERS AND COUNTERCLAIM

May 5, 20085 Defendants filed their First Amendment to their Verified Answers

and Counterclaim, although Plaintiffs had provided evidence to the Court two months6

beforehand that the 1941 easement attached to Defendant’s Verified Answers and

Counterclaim did not pertain to Plaintiffs’ property. Hidden within Defendant’s

Amended Answers and Counterclaim, is “Motion for Reformation” of the same 1941

Easement agreement that Georgia Power had sworn on oath was properly executed and

recorded.7 Georgia Power’s “reformation” request results in cognovit actionem,8 implied

color, direct confession, and judicial confession.

Georgia Power attempts to claim “scrivener’s error”, and “mutual mistakes”, both

of which fails as a matter of law. Reformation must be denied for several reasons

discussed in more detail in the following paragraphs.

4 “falsify. vb 1. To make something false; to counterfeit …” Black’s Law Dictionary, Seventh Ed. Pg. 6195 Plaintiffs bring note that although the Amendment was signed May 5, 2008, Plaintiffs received it May 7, 2008, the Amendment failed to show on the Docket Report until sometime May 15, 2008, and shows as filed on May 5, 2008.6 Defendants had knowledge that the document did not pertain to Plaintiffs’ property since at least 2004.7 Georgia Power originally provided two easements to Plaintiffs to prove Georgia Power had easement rights, one from 1937, one from 1941, it has never been explained to Plaintiffs why Georgia Power abandoned the 1937 easement and now only uses the 1941; facts clearly show that neither easement ever pertained to Plaintiffs’ property.8 “cognovit actionem “[Law Latin, he has confessed the claim]”; Defendant’s written acknowledgement of Plaintiffs’ claim…” Black’s Law Dictionary, Seventh Ed., pg.. 254

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RESPONSE AND OBJECTION TO TWENTY-THIRD DEFENSE

Plaintiffs’ claims did not arise from “mutual mistake”, and there was no

“scrivener’s” error as defendants claim. For a “Reformation” claiming mutual mistake

and/or scrivener’s error, the action must consist of original parties to the original

agreement, or privies to the original estate. Georgia Power cannot speak for Dr. Wells in

his absence.9 Defendants would have this Court believe that Georgia Power and their

counsel know the intent of both grantor and grantee in 1941 and there was an “excusable

oversight” on the part of both parties.

Surely the Agreement was drawn up by either a permanent staff Attorney of

Georgia Power or an Attorney employed by Georgia Power for the purpose of “drawing

up” the Agreement. Georgia Power would have this Court believe that Doctor Wells, a

Doctor10, paid so little attention to what he was signing that among other things, he did

not notice: Land Lot Number 37 - instead of 73 and Shiphud Rd. - instead of

Sheppard Rd.

RESPONSE AND OBJECTION TO COUNT V “REFORMATION OF WRITTEN EASEMENT”

Defendant’s make numerous meritless claims and false statements about the 1941

easement and request this Court to grant “Reformation” of the easement.11 The request is

not properly before this Court and must be denied.

Defendants have failed to produce the required prima facie or clear, convincing

evidence to support their statements as shown in the following:

9 Hearsay10 In 1941, both Doctors and Attorneys were conscientious persons of integrity, well educated, they paid attention to detail. According to the 1937 Georgia Power/Railway Map, O. A. Fields owned the land where Plaintiffs’ home is now located.11 Defendants dedicate three pages and ¶¶s 48 through 60(g) attempting to explain how and why Reformation of the 1941 easement should be granted, Defendants have failed to meet the burden. None of the explanations carry weight and cannot overcome the fact the Defendants filed a Verified Answer and Counterclaim swearing that their answers and counterclaim had been thoroughly investigated and were accurate. Should the Court agree to “Reformation”, the document still cannot and will not pertain to Plaintiffs’ property.

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¶49: Defendants have offered no evidence that Robert F. Wells was the record owner of Land Lots 73 and 74, 18th District of DeKalb County, GA and that it encompassed Plaintiffs’ property. ¶50: Defendants have offered no evidence that the 1941 Easement contained a scrivener’s error that went undetected.12

¶51: Defendants falsely represents to and misleads this Court that the only issue of “Reformation” on the 1941 easement is to change the “37” to “73” 13 Defendants mislead this Court and offer no evidence in support of their claim that their attached “Exhibit B” would be a proper substitute of the current legal description and that it be incorporated therein.14 ¶52: Defendants offer no evidence that Dr. Wells did not own real property in Land Lot 37, 18th District, DeKalb County, Georgia.¶53: Defendants offer no evidence that the description in ¶53 is accurate or pertains to Plaintiffs’ property. ¶54: Defendants offer no evidence that “Shepard” Road runs through Land Lot 73, 18th District and not through Land Lot 37 of the 18th District. (NOTE: Defendant’s 1941 easement document is for Shiphud Road, Plaintiffs’ property is located on Sheppard Rd. next they will be asking to change the spelling?)¶55: Defendants offer no evidence concerning Ridge Avenue.¶56: This paragraph is redundant and merely a re-wording of ¶50.¶57: Defendants offer no evidence that Dr. Wells acted on an assumption, or that there were easement rights conveyed in Land Lots 73 and 74, and/or that said lands “encompassing what is today Plaintiffs’ property”.15

¶58: Defendants offer no evidence of ¶58¶59: Defendants offer no evidence that it would be a proper, legal land description by deleting the legal description and substituting the Defendant’s claim of what should be the description. (NOTE:

12 1937 Easement and 1937 Power/Railway map shows “Dr. R. F. Wells” Georgia Power would have this Court believe that a Doctor in 1941 would fail to notice the many discrepancies contained within the document. A Doctor, well educated, usually from a good family background, would carefully read a document before signing it, and surely would notice the wrong District Number, wrong Land Lot, the misspelling of the road on which he owned property, would notice that the land description was incorrect, and would notice the names listed on the adjoining properties were not his neighbors.13 Defendants falsely represent to and mislead this Court that the only issue of “Reformation” on the 1941 easement is to change the “37” to “73”, they fail to inform the Court of the other obvious issues: i. According to Defendants, 1941 easement reads Shepard Rd. ii. According to Defendants, Plaintiffs address is on Shepard Rd 14 The easement still would not pertain to Plaintiffs’ property15 Plaintiffs property, according to the 1937 Power Company/Railway map, was clearly owned by Mr. Fields, who apparently refused to give easement to Georgia Power.

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Defendants do not have the credentials to determine how the “description should be worded)¶60: Defendants claim that there is “no adequate remedy at law to restore the Parties to the status quo ante” 16 (e) Defendants request to maintain the “status quo”17

What Defendants are asking could be deciphered several ways: 1) They request

to have the deed put back into Dr. Wells’ name, change the easement agreement and keep

the date of 1941; 2) They are requesting to Judge to have the deed put back into Dr.

Wells’ name and that the Judge be “surrogate” Dr. Wells taking Wells’ place for the

reformation by agreeing that there was a mutual mistake; 3) Change was the easement

agreement says to what Defendants propose and ignore the laws concerning such an act.

Even if Dr. Wells were alive, if he no longer owned the property, the request

would still fail because of a third-party. Plaintiffs have contacted Everhome Mortgage

Company who is lien-holder and the property. It appears that they are displeased that the

easement agreement reads that Georgia Power could literally end up taking any and all of

the Plaintiffs’ property. What Georgia Power proposes is illegal, immoral and must be

denied.

ARGUMENT AND CITATIONS OF AUTHORITY

A. Plaintiffs filed a Verified prima facie case with prima facie evidence. The

Defendants filed Verified Answers, affirmative defenses and a Counterclaim to which

they attached a copy of a 1941 easement agreement as “true and correct” and pertaining

to Plaintiffs’ property. Plaintiffs disproved the easement and asked to have the Verified

Answers stricken and for judgment as a matter of law.

"To prevail … must demonstrate that there is no genuine issue of material fact and that the undisputed facts, … warrant judgment as a matter of law." Lau's Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991)."

“Once the movant has made a prima facie showing that it is entitled

16 “status quo ante: The situation that existed before something else (being discussed) occurred.” Black’s Law Dictionary, Seventh Ed., page 142017 status quo

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to judgment as a matter of law, the burden shifts to the respondent to come forward with rebuttal evidence." (Citation and punctuation omitted.) Kelly v. Pierce Roofing Co., 220 Ga. App. 391, 392-393 (2) (469 SE2d 469) (1996).

"In rebutting this prima facie case, an adverse party may not rest upon the mere allegations or denials … must set forth specific facts showing that there is a genuine issue for trial." (Punctuation omitted.) Entertainment Sales Co. v. SNK, Inc., 232 Ga. App. 669-670 (502 SE2d 263) (1998).

“A prima facie case is made by the party upon whom the burden of proof rests by the introduction of evidence sufficient to authorize the jury to render a verdict in his favor, if no other evidence be introduced, or if evidence to the contrary be disregarded. Spivey v. Spivey, 202 Ga. 644, 649 (44 SE2d 224); Black's Law Dictionary (4th Ed.) 1353. See also McKemie v. McKemie, 76 Ga. App. 212 (45 SE2d 456), and Bank of America &c. Asso. v. Reserve Life Ins. Co., 90 Ga. App. 332 (8) (83 SE2d 66).”

“In an action on a promissory note, a claimant may establish a prima facie right to judgment as a matter of law by producing the promissory note and showing that it was executed.” Jay Gleason Advertising Svc. v. Gleason, 193 Ga. App. 445 (1) (388 SE2d 43) (1989).

B. “Motion for Reformation” of the 1941 Easement agreement that Georgia Power

previously swore was properly executed and recorded. Defendants ask this Court to

falsify18 or to allow falsification of Real Estate Records.

Georgia Power claims “scrivener’s error”, “mutual mistakes”, which fails as a

matter of law. Evidence suggests that Georgia Power caused the easement to be drafted,

thereby causing a “unilateral mistake” which dopes not warrant reformation, that than by

“mutual mistake” as they suggest.

See: Cox v Smith, 244 Ga. 280, (260 S.E.2d 310) (1979) concerning

18 falsifying a record. The crime of making false entries or otherwise tampering with a public record with the intent to deceive or injure, or to conceal wrongdoing. 18 USCA §§ 1506, 2071, 2073; Model Penal Code §224.4 Black’s Law Dictionary, Seventh Ed. Pg. 619

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“unilateral mistake” held: “[30] … the evidence shows, … was drafted at the direction of only one of the contracting parties, …therefore …was a … a unilateral mistake, which will not warrant reformation. Delong v. Cobb, supra, (1a) and cit.”

See also:Fox et., al., v. Washburn, et., al., 264 Ga. 617, 277 (449 SE2d 513)(1994) Carley Dissenting: “Construing this … the sole result of Washburn's unilateral mistake in failing to advise the ..., since Fox relied entirely upon Washburn to advise the attorney as to the terms of the deed … Thus, the undisputed evidence shows that there was no reformable mutual mistake… See A. J. Concrete Pumping v. Richard O'Brien Equip. Sales, 256 Ga. 795, 796 (1) (353 SE2d 496) (1987); Layfield v. Sanford, 239 Ga. 816, 817 (1) (238 SE2d 899) (1977); Gauker v. Eubanks, 230 Ga. 893, 896 (1) (199 SE2d 771) (1973). The evidence shows, at most, a unilateral mistake on the part of Washburn…”

See also:"Mutual mistake, in relation to reformation, means a mistake shared by, or participated in by, both parties, or a mistake common to both parties, or reciprocal to both parties; … the same misconception in respect of the terms and conditions …, the instrument as written does not express the contract or intent of either of the parties." [Cit.] Lawton v. Byck, 217 Ga. 676, 681, 682 (124 SE2d 369) (1962).

Further, the defendants have not met the burden of clear, unequivocal and decisive

evidence. See the following:

Curry v. Curry, 267 Ga. 66, 1721(473 SE2d 760)(1996), Justice Carley’s dissent joined by Justice Thomson: “The burden was on Grandson to prove that the legal description in the 1988 deed was a mutual mistake… He could not meet this burden by a mere preponderance of the evidence, but only with "clear, unequivocal, and decisive" evidence. OCGA 23-2-21 (c); Carroll v. Craig, 214 Ga. 257, 261 (5) (104 SE2d 215) (1958).”

Reformation is barred by “Equitable Estoppel” as well. See the following:

Thompson v. McVey, 12th District Court of Appeals, Ohio Supreme Court, http://vlex.com/vid/25605145 (2006) “Equitable estoppel prevent[s] one party from taking unfair advantage of another when,

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through false language or conduct,… has induced another person to act in a certain way, with the result that the other person has been injured in some way." Black's Law Dictionary (7th Ed.Rev. 1999) 571. The essential elements of equitable estoppel are: (1) the nonrelying party made a factual misrepresentation, (2) that was misleading, (3) that induced actual reliance that was reasonable and in good faith, and (4) that caused detriment to the relying party. Chase Manhattan Bank v. Parker, Butler App. No. CA2003-11-299, 2005-Ohio-1801, ¶20.

See also:Minor, et., al., v. Finch, et., al., 228 Ga. (58 S.E.2d 389), 206 Ga. 721(1950): “[26] … parties may reform …, so long as accrued rights of third persons are not disturbed; ….”“[27] … equitable power to relieve from mistake "shall be exercised with caution, and to justify it the evidence shall be clear, unequivocal, and decisive as to the mistake." …"where the parties have reduced their contract, agreement, or stipulation to writing, and assented thereto, it is the best evidence of the same." This is a general rule of law. 45 Am. Jur., 649, § 112.” “[34] This court has uniformly laid down the rule that, where reformation is sought upon the ground of mutual mistake, the mistake must be shown by evidence which is clear, unequivocal, and decisive.”“[35] … the present case, the verified petition could not have any effect as evidence. Mrs. Crandall was dead, and to permit the verified petition to be given the effect of evidence would violate the rule that, where one party is dead, the other is incompetent to testify in his own behalf. Code, § 38-1603 (1); Kilpatrick v. Strozier, 67 Ga. 247; Sivell v. Hogan, 115 Ga. 667 (42 S.E. 151); Arnold v. Freeman, 181 Ga. 654 (183 S.E. 811).

See also the following cases:Trout v. Goodman, 7 Ga. 383, 385 (4),… held: "It is conceded that those who undertake to rectify an agreement, by showing a mistake, undertake a task of great difficulty … strongest proof possible;… it must be irrefragable proof. … will exercise very sparingly, and only upon the clearest and most satisfactory proof of the intention of the parties."

Wyche v. Greene, 11 Ga. 159, 160 (4), … held: "As to the degree of proof that will be required, before relief will be granted … The

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mistake itself should be plain and made out by evidence clear of all reasonable doubt."’

Ligon v. Rogers, 12 Ga. 281, 287, 288,… held: "The general rule is, that the written instrument furnishes better evidence of the deliberate intention of the parties to it than any parol evidence can supply; and the general rule must prevail, unless … by showing by clear and satisfactory evidence, that either by accident, fraud, or mistake, the written instrument does not contain and express what the parties intended it should contain and express, at the time of its execution."’

Wall v. Arrington, 13 Ga. 89 (7),…held: "A Court …, is very slow in exerting it to reform …requires the clearest and strongest evidence... It is not sufficient, … to presume a mistake; the evidence must be clear, unequivocal, and decisive."’

Helton v. Shellnut, 186 Ga. 185 (4), (197 S.E. 287), … held: "To authorize a verdict reforming a deed upon the ground of mutual mistake, the evidence, like the petition, should at least by inference show the particular mistake and illustrate how it occurred; and it is also the rule that 'the evidence shall be clear, unequivocal, and decisive as to the mistake.'" The same rule is stated in Yablon v. Metropolitan Life Ins. Co., 200 Ga. 693, 704 (2), (38 S.E.2d 534).”

Reformation must be denied due to the seven year statute of limitation. Further,

Reformation is estopped by the doctrine of laches. See:

Evans v. Lipscomb, 266 Ga. 767 (470 SE2d 641): “We granted …to determine whether the superior court erred in holding …reformation was not barred, as a matter of law, by the applicable statute of limitation. We reverse.”“[21] 1. "An action to reform a written instrument can be brought at any time within seven years …, if not barred by laches." Whittle v. Nottingham, 164 Ga. 155, 161 (3) (138 S.E. 62) (1927).” “[24] …asserts … should not begin to run … discovered the mistake …, or,… should have discovered the mistake …the statute of limitation should be tolled... fail.” “[27] … is not a good response to the statute of limitation. Slade v. Barber, 200 Ga. 405, 410 (2) (37 S.E.2d 143) (1946). *fn4” ”[28] The present action is time-barred and the superior court erred in finding otherwise.”

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“[29] Judgment reversed. All the Justices concur.”

See also:Bradshaw v. City of Atlanta, 275 Ga.App. 609, (621 SE2d 563) http://www.versuslaw.com> (2005):“[8] The trial court dismissed … pursuant to … statutes of limitation for actions based on a mutual mistake or fraud...We discern no error and affirm.”“[14] … from filing suit in a timely manner. See Leathers v. Timex Corp., 174 Ga. App. 430, 431-432 (2) (330 SE2d 102) (1985) … within the applicable statutes of limitation, the trial court properly dismissed his suit. See id. at 432 (2).

For a “Reformation”, the action must consist of original parties to the original

agreement, or privies to the original estate. Neither Plaintiff Ms. McDonald, nor Plaintiff

Mr. Stegeman were part of the original agreement, and the agreement no longer involves

the original estate of the original owner. Plaintiffs further believe that Dr. R. F. Well is

no longer alive and legally Georgia Power cannot speak for Dr. Wells in his absence.19

See: Moore v McBrayer, et., al., Ga.App. 0000464, No. A07A2288 < http://www.versuslaw.com> (2008):“[20] "When two parties have made a mutual mistake in the creation …, permit reformation ... However, … is limited to those who are either parties to the original deed … such original parties." (Footnotes omitted.) Gregorakos v. Wells Fargo Nat. Ass'n, 285 Ga. App. 744, 746 (1) (647 SE2d 289) (2007). ..””

See also:Rawson v. Brosnan, 187 Ga. at 626 (on motion for reconsideration). See OCGA § 23-2-34.” “Moore was neither a party nor a … a privy in estate, because a privy in estate is a successor to the same estate in the same property,"…, even if the agreement … was based upon mutual mistake, …is not entitled to a reformation… Rawson v. Brosnan, 187 Ga. at 626-628 (on motion for reconsideration). See also Gregorakos v. Wells Fargo Nat. Ass'n, 285 Ga. App. at 746 (1); Empire Land Co. v. Stokes, 212 Ga. 707, 709 (2) (95 SE2d 283) (1956).”

19 Hearsay

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CONCLUSION

Plaintiffs filed a prima facie case, with prima facie evidence, shifting the burden

upon Defendants to answer with prima facie evidence, which they failed to do.

Defendants’ request for Reformation is barred as Georgia Power has failed to meet

the burden to present clear, convincing, unequivocal evidence to support the claim of

“mutual mistake”; barred due to unilateral mistake; barred by equitable estoppel because

Georgia Power’s actions fall within the guidelines for equitable estoppel and have taken

advantage of Plaintiffs through misrepresentation; barred by statute of limitations and

laches; barred because Dr. Wells is dead and Georgia Power is incompetent to testify on

his behalf.

Rather than going to Superior Court and getting a Judgment, Georgia Power

decided to make libelous statements that the homeowners had threatened Matt Goff’s life

and he was in fear of his life. This cannot be true either, to make that claim, Mr. Goff

would need to have a Police Report to prove such a statement.

In Magistrate Court, Georgia Power was confronted with the fact that it would

have been much easier to go through the proper channels when Plaintiffs informed Nancy

Huddleston that criminal charges would be taken should Georgia Power come to

Plaintiffs’ property and damage their trees. Even after going to a criminal hearing,

Georgia Power still refused to take the matter into the Courts.

Georgia Power has in fact illegally trespassed, maliciously, criminally, wantonly,

intentionally, damaged Plaintiffs’ property. Now Georgia Power asks this Court to help

them falsify real estate documents, insert the documents into County records, Plaintiffs’

suit and Georgia Power’s Answer and Counterclaim so Georgia Power can win.

This Court should levy criminal charges of perjury, contempt, obstruction and

fraud against the defendants, strike their Verified Answers and Counterclaim,

Should this Court take up Georgia Power’s request and allow the First

Amendment to their Answers and Counterclaim, and the changing of the Easement

Agreement to read as Georgia Power wishes, Plaintiffs request that this Court GRANT

Plaintiffs’ request for review by the Appellate Court. Plaintiffs NOTICE this Court that

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Plaintiffs’ intend to ask this Court to allow Appellate Review.

DEMAND FOR RELIEF

Plaintiffs have proven that Georgia Power, due to lack of the required evidence to

support their claims, have failed to state a claim for which relief can be granted.

Plaintiffs Move this Honorable Court to Dismiss Georgia Power’s Verified Answers,

Amendment to Verified Answers, Dismiss Georgia Power’s Verified Counterclaim,

Amended Counterclaim; Find in favor of and Grant Plaintiffs’ requests for Relief as

stated in their Verified Complaint. Plaintiffs further Move this Court for Declaratory

Judgment, Injunction and Permanent Restraining Order against Georgia Power and Order

Georgia Power to remove the lines crossing Plaintiffs property. Georgia Power must not

be rewarded for illegally taking Plaintiffs’ property, intimidating, harassing, making

libelous statements in order to have State Troopers aid Georgia Power in their criminal

acts. Plaintiffs are entitled to Judgment as a matter of law.

Respectfully submitted, this 26th day of May, 2008

By: _____________________________JANET D. MCDONALD, Pro Se

821 Sheppard RdStone Mountain, GA 30083

(770) 879-8737

By: _____________________________JAMES B. STEGEMAN, Pro Se

821 Sheppard RdStone Mountain, GA 30083

(770) 879-8737

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IN THE SUPERIOR COURT OF DEKALB COUNTYSTATE OF GEORGIA

JANET D. MCDONALD,JAMES B. STEGEMAN,

PLAINTIFFS

V

GEORGIA POWER COMPANY, et., al., DEFENDANTS

CIVIL ACTIONFILE NO: 07CV11398-6

_____________________________________________________________________

CERTIFICATE OF SERVICE

I Certify that I have this 26th day of May, 2008 served upon Defendants, through their

attorney on file, a true and correct copy of the within and foregoing PLAINTIFFS’

RESPONSIVE OBJECTIONS TO FIRST AMENDMENT TO GEORGIA POWER’S

VERIFIED ANSWER AND COUNTERCLAIM by mailing U.S.P.S. First Class Mail,

proper postage affixed as follows:

Troutman Sanders, LLPC/o Brian P Watt5200 Bank of America Plaza600 Peachtree Street, N.E.Atlanta, GA 30308-2216

____________________________Janet D. McDonald, Pro Se

821 Sheppard RdStone Mountain, GA 30083

(770)879-8737

_____________________________James B. Stegeman, Pro Se

821 Sheppard RdStone Mountain, GA 30083

(770)879-8737

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