AMENDED in Forma Pauperis to Superior Court Preliminary Judgement Case No. 15-06985 September 15, 2015

THE LANCASETER COUNTY COURT OF COMMON PLEASCIVIL DIVISION

In Re: STANLEY J. CATERBONEand ADVANCED MEDIA GROUP,

PETITIONERS

v. Case No. 15-06985RESIDENTS of the County of Lancaster Pennsylvania

DEFENDANTS

NOTICE OF APPEAL TO SUPERIOR COURT OF PENNSYLVANIA OF ORDER DATED SEPTEMBER 1, 2015

TO THE SAID COURTS:

AND NOW on this 8th day of September 2015, Plaintiff, Stanley Caterbone, appearing pro

se, hereby petitions the Superior Court of Pennsylvania of the ORDER dated the 1st day of

September, 2015 by the Honorable Jeffrey Wright for the Preliminary Emergency Injunction for

Relief . Plaintiff requests that this appeal be filed under the rule 552 A) In Forma Pauperis under

the Pennsylvania Rules of Appellate Procedure. Verification Statement and Application is attached.

Dated September 15, 2015

Stanley J. CaterboneAdvanced Media Group, President and OwnerPro Se Litigant, U.S. District Court & Pennsylvania Common Pleas Court [email protected] Fremont StreetLancaster, PA 17603717-669-2163

Monthly obligations for Stanley J. CaterboneIn Forma Pauperis Applicationre: Case No. 15-06985 in the Lancaster County Court of Common Pleas

Utility Monthly AveragePP&L $71.94UGI $47.28Comcast $162.00Taxes $250.00Insurance $43.75Water/Sewer $28.58Cell Phone $48.00Majic Jack $2.50Trash $17.50

Sub-Total $671.55

Website Hosting $15.00Office Supplies $50.00Copy Servicesand Printing $35.00Technology andSecurity $50.00Capital Improvement $50.00Auto Loan $220.00Medicare $120.00Medicare Supplement $30.00

Sub-Total $570.00

TOTAL MOTHLY EXPENSES $1,241.55

IN THE COURT OF COMMON PLEAS OF _____________________________COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW _______________________________, : PLAINTIFF : : vs. : Case No. _______________ : : _______________________________, : DEFENDANT :

ORDER RE: MOTION TO PROCEED IN FORMA PAUPERIS

AND NOW, this _________ day of ______________________, 20____, the Petitioner's Motion to

Proceed In Forma Pauperis is granted as to the filing fees and costs.

BY THE COURT,

_____________________________ J.

IN THE COURT OF COMMON PLEAS OF _____________________________COUNTY, PENNSYLVANIA

: CIVIL ACTION-LAW _______________________________, : PLAINTIFF : : vs. : Case No. _______________ : : _______________________________, : DEFENDANT :

PETITION TO PROCEED IN FORMA PAUPERIS & AFFIDAVIT

1. I am the petitioner in the above matter and because of my financial condition am unable to pay

the fees and costs of prosecuting or defending this action or proceeding.

2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of

litigation.

3. I represent that the information below relating to my ability to pay the fees and costs is true

and correct:

a.) My Name is: _____________________________________________

My Address is: ____________________________________________

________________________________________________

b.) Employment:

If you are presently employed, state your:

Employer: ________________________________________________

tcarbaugh

Cross-Out

Employer’s Address: ________________________________________

__________________________________________________

Salary or wages per month: ___________________________________

Type of work: _____________________________________________

If you are presently unemployed, state:

Date of last employment: ____________________________________

Salary or wages per month: ___________________________________

Type of work: _____________________________________________

c.) Please list any other income received within the past twelve months: (Write the gross amount (before taxes) per month that you received and the months you received this income.)

Business or profession: ___________________________________

Other self-employment: __________________________________

Interest: ______________________________________________

Dividends: _____________________________________________

Pension and annuities: ___________________________________

Social security benefits: __________________________________

Support payments: ______________________________________

Disability payments: _____________________________________

Unemployment compensation and/or supplemental benefits:

______________________________________________________

Workers’ Compensation: ________________________________

Public assistance: _______________________________________

Other: ________________________________________________

d.) Other contributions to household support: (Write the gross amount (before taxes) per month that you received and the months you received this income.)

(Wife) (Husband) Name: _________________________________

If your (wife) (husband) is employed, please state

Employer: _____________________________________________

Salary or wages per month: ________________________________

Type of work: __________________________________________

Contributions from children: _______________________________

Contributions from parents: _______________________________

Other contributions: _____________________________________

e.) Property owned:

Cash: ________________________________________________

Checking Account: ______________________________________

Savings Account: _______________________________________

Certificates of deposit: ___________________________________

Real estate (including home): ______________________________

Motor Vehicle: Make__________________, Year____________,

Cost: ___________ Amount Owed: ____________

Stocks and bonds: __________________________________________

Other: ________________________________________________

______________________________________________________

f.) Debts and obligations:

Mortgage: _____________________________________________

Rent: _________________________________________________

Loans: ________________________________________________

Other: ________________________________________________

______________________________________________________ (Write all of your regular monthly bills, phone, utilities, cable, insurance, etc.)

g.) Persons dependent upon you for support:

(Wife/Husband) Name: ___________________________________

Children, if any:

Name: ____________________________ Age:_________

____________________________ _________

____________________________ _________

Other persons:

Name: ____________________________________

Relationship: _______________________________

4. I understand that I have a continuing obligation to inform the court of improvement in my financial

circumstances which would permit me to pay the costs incurred herein.

5. I verify that the statements made in this affidavit are true and correct. I understand that false

statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating

to unsworn falsification to authorities.

Date: _________________________ ____________________________________ PETITIONER

Current AssetsPetty CashSovereign Checking AccountAmeritrade Account CATER72695Real Estate Set Aside EscrowOther ReceivablesYolanda Caterbone JudgmentDrew Anthon CI-05-03644Fed Civil Action 05-cv-2288

Total Current Assets

Property- and Equipment220 Furniture and FixturesAMG EquipmentAutomobiles - 1991 Dodge Truck

Total Property and Equipment

Other Assets

Total Other Assets

Total Assets

Advanced Media Group 2007Balance SheetMay 31,2007

ASSETS

<395.00>346.00562.84

17,306.8037,698.934,500.00

10.000.001,000,000.00

10,000.0010,000.002,700,00

1,070,019.57

22,700.00

0.00

1,092,719.57

Current LiabilitiesAccounts PayableCitiBank Credit CardBank of America Credit CardPayPal Credit AccountDiscover Credit CardChase Credit CardAAA Financial 4264 2962 8400 1AAA Financial 5490 9963 0900 0Salute Visa

Total Current Liabilities

Long-Term LiabilitiesYolanda Caterbone Note

Total Long-Term Liabilities

Total Liabilities

CapitalBeginning Balance Equity-Retained EarningsNet Income

Total Capital

Total Liabilities & Capital

LIABILITIES AND CAPITAL

32,271.6712,112.008,167,001,066.002,049.00

238.0016,240.00

278.00<20.00>

37,000.00

1,062,441,84<32,271.67><46,852.27>

72,401.67

37,000.00

109,401.67

983317.90

$ 1,092,719.57

Unaudited - For Management Purposes Only

ADVANCED MEDIA GROUP 05-23059 P*g*1of37 05.17.2007

Case 05-23059-ref Doc 119 Filed 05/18/07 Entered 05/18/07 13:12:17 Desc Main Document Page 1 of 3

Advanced Media Group 2007Income Statement

For the Five Months Ending May 31,2007

Page: 1

RevenuesAMG Consulting IncomeAMG Auctions eBay IncomeInterest IncomeOther IncomeFinance Charge IncomeShipping Charges ReimbursedFee RefundsFee Discounts

Total Revenues

Cost of SalesEbay Cost of SalesCost of Sales- AMG-Intel-CC

Total Cost of Sales

Gross Profit

ExpensesAdvertising ExpenseAmortization ExpenseAMG Auto ExpensesHonda Civic LeaseDonegal Mutual Auto InsuranceDonegal Mutual Property InsBad Debt ExpenseBank ChargesCash Over and ShortCharitable Contributions ExpeBay Auctions Fees ExpDepreciation ExpenseDues and Subscriptions ExpEmployee Benefit Programs ExpFreight ExpenseGifts ExpenseIncome Tax ExpenseProperty Insurance ExpenseInterest ExpenseFood & CigarettesDrew Anthon Medical ExpensesLaundry and Cleaning ExpComcast CableVonage Phone ServiceCingular Cellular PhoneSprint Cellular ServiceLegal and Professional ExpenseVerizon Phone ServicePP&L ElectricCapital Blue CrossYarnell Security SystemsLicenses ExpenseLoss on NSF ChecksMaintenance ExpenseMeals and Entertainment ExpAMG Office Expense

Current Month

0.00 0.000.00 0.000,00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.00

0.00

0.000.00

0.00

0.00

0.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.00

300.000.000.000.000.000.000.00

46,427.270.000.000.000.000.000.000.000.00

25.00

0.00

0.000.00

0.00

0.00

0.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.00

Year to Date

0.00 0.000.00 0.000.00 0,000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.00

0.00 0.00

0.000.00

0.00

0.00

0.000.000.000.000.000.000,000.000.000.000.000.000.000.000.000.000.000.000.00

300.000.000.000,000.000.000.00

46,427.270.000.000.000.000.000.000.000.00

25.00

0.000.00

0.00

0.00

0.000.000.000.000.000.000.000.000,000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.00

For Management Purposes Only

ADVANCED MEDIA GROUP 05-23059 Page 2 of 37 05.17.2007


Advanced Media Group 2007Income Statement

For the Five Months Ending May 31,2007

Page: 2

AMG Equipment ExpenseAMG Operating ExpensesAMG Federal Civil Suit ExpenseOther TaxesPayroll Tax ExpensePenalties and Fines ExpPension/Proiit-Sharing Plan ExPostage & Shipping ExpenseRent or Lease Expense220 Stone Hill Repairs Expense1250 Renovations ExpenseSalaries ExpenseSupplies ExpenseTelephone ExpenseCellular Phone ExpenseTravel ExpenseUtilities ExpenseWages ExpenseOther ExpensePurchase Disc- Expense ItemsGain/Loss on Sale of Assets

Total Expenses

Net Income

Current Month0,000.000.000.000.000.000.00

100.000.000.000.000.000.000.000.000.000.000.000.000.000.00

46,852.27

0.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.00

0.00

<46,852.27> 0.00 $

Year to Date0.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.00

100.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.00

46,852.27 0.00

<46,852,27> 0.00

ADVANCED MEDIA GROUP 05-23059

For Management Purposes Only

Page3of37 05.17.2007












5/15/07 at 08:21:26.97Advanced Media Group 2007

Aged ReceivablesAs of May 31,2007

Fitter Criteria includes: Report order it by ID. Report it printed in Detail Format

Page:!

CnrtomerlD Invoke No 0-30 31-60CustomerContactTelephone 1

0001 7001S.N. Lombardo DuvelopmimtRalph Mazzooehi717-394-3422

0001S.N. Lombardo Development

0002 7002 1,545.00Yolanda Catcibone

oooz ****YolandaCatirbone

0003 7003 15421.40High InduBtrict)S. Dale High

0003 15J21.40High Industries

0004 7004 67,147.45FultM) Bank/Lane Co SheriffTtart* Bergman

OU04 67,147.45Fulton Bank/Lane Co Sheriff

0005 7005 24,118.00Drew Anthon - Eden Resort InnDrewAathon

61-90 Over 90 day* Amount Dae

1,871,00 1,871,00

1,871.00 1,871.00

1,545,00

1,545.00

15,221.40

15,221.40

67,147,45

67,147.45

24,118.00

W05 24,11*00 14,11«,00Ilnsw Antbon - Eden Resort Inn

0006 7006 7,898.19Harieytville [n«uraocc Company 7007 6,878.25Claim* Dcpurtment

0006 14.77IL44Harfoysvflle Insurance Compan

7,898,196,878.25

14,776,44

ADVANCED MEDIA GROUP 05-23059 Pag* 4 of 37 05.17.2007

Case 05-23059-ref Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17 Desc Aged Receivables Page 1 of 34

5/1 5/07 at 08:21 :27. 1 4 Page: 2Advanced Media Group 2007

Aged Receivables

As of May 31, 2007Filler Criteria includes: Report order it by ID. Report is printed in Detail Format

Invoice No 9 30 31 -W 61-99 Over 90 day* Amount DueCustomerContactTelephone 1

Report Total 106,041.89 16.766.40 1,871.00 114*79.29

ADVANCED MEDIA GROUP 05-23059 Page 5 Of 37 05.17.2007


Advanced Media Group1250 Fremont Street

• Lancaster, PA 17603USA

Voice: 717-799-5915Fax: 717-427-1621

InvoiceInvoice Number

7001

Invoice Date:Mar 12, 2007

Page:i

Duplicate

Sold To:S.W. Lombardo Developmentc/o Ralph Mazzochi33 Rider AvenueLancaster, PA 17603

Ship To

Customer ID

0001

Sales Rep

Customer PO

Shipping Method

USPS Priorty

Payment Terms

C.O.D.

Ship Date Due Date

3/12/07

Quantity30.00

ItemHours

DescriptionManagement Consulting Hoursfor Restuarant DevelopmentSummary for James StreetDistrict Zoning Meeting onMarch 13, 2007Credit for fees paid inadvanced including $100.00 incash on March 9, 2007 and$49.00 in equipment with thepurchase of a thumb drive onMarch 10,2007Fee includes all proofing andedits that were omitted fromfinal print on March 12 2007at Office Max. The fileCharollote street ProposalMarch. .amended.pdfthat was given to RalphMazzocchi on March 11, 2007for final print was not thefile that the final print wastaken from.

Unit Price75.00

Extension

2,250.00

-149.00

Check No:

SubtotalSales Tax

Total Invoice AmountPayment Received

TOTAL

ContinuedContinued

Continued

Continued

Continued

ADVANCED MEDIA GROUP 05-23059 05.17.2007


Advanced Media Group1250 Fremont Street-Lancaster, PA 17603USA

Voice: 717-799-5915Fax: 717-427-1621

Invoiceinvoice Number

7001

Invoice Date:Mar 12, 2007

Page:

Duplicate

Sold To:S.H. Lombardo Developmentc/o Ralph Mazzochi33 Rider AvenueLancaster, PA 17603

Ship To

Customer ID

0001

Sales Rep

Customer PO

Shipping Method

US PS Priorty

Payment Terms

C.O.D.

Ship Date Due Date

3/12/07

Quantity Item DescriptionMarch 24, 2007 Raplph MazzochiPayment from copy Max, did notreturn proposals - Total PaidTo Date $379.00.00

Unit Price Extension-230.00

Check No:

SubtotalSales Tax


TOTAL

1,871.00

1,871.00

0.00

$1,871.00

ADVANCED MEDIA GROUP 05-23059 Pagft7i>f37 05,17.2007


Advanced Media Group 20071250 Fremont StreetLancaster, PA 17603USA

Voice: amgroupO l@msn. comFax: 717-427-1621

Duplicate


7002

Invoice Date:Apr 9, 2007

Page:1

Sold To:Yolanda Caterbone7960 N.W.201 TerraceHialeah, FL 33015

Ship to:

Customer ID0002

Sales Rep ID

Quantity

Customer PO

Shipping MethodUSPS Priorty

Item

Payment TermsC.O.D.

Ship Date

Description

May to October 2005 1250Fremont Street GrassCuttins 4 Per Month At$15.00 Per CuttingMay to October 2006 1250Fremont Street GrassCuttins 4 Per Month At$15.00 Per CuttingDecember to March 20051250 Fremont Street SnowRemoval 4 Times At $20.December to March 2006

00

1250 Fremont Street SnowRemoval 4 Times At $20.December to March 2007

00

1250 Fremont Street SnowRemoval 4 Times At $20. 00March 2007 Seal HardwoodFloorsMarch 2007 Spray PaintOven HoodApril 2007 Trim Shrubs

Unit Price

Due Date4/9/07

Extension300.00

300.00

80.00

80.00

80.00

75.00

15.00

65.00

Check No:

SubtotalSales Tax


TOTAL

ContinuedContinuedContinuedContinued

Continued

ADVANCED MEDIA GROUP 05-23059 P»0»8of37 05.17.2007




Duplicate


7002


Page:2

Sold To:Yolanda Caterbone7960 N.W.201 TerraceHialeah, FL 33015

Ship to:

Customer ID0002

Sales Rep ID

Quantity

Customer PO


Item

Payment TermsC.O.D.

Ship Date

Description

Front and BackFall 2005 1250 FremontStreet Cleanup LeavesFall 2006 1250 FremontStreet Cleanup LeavesMarch 2007 1250 FremontStreet Install StairwayOriental Rug Runner onStepsMarch 2007 Oriental RugStair RunnerSpringl 2006 Trim LilacDisposal

£

Unit Price

Due Date4/9/07

Extension

150.00

150.00

75.00

50.00

125.00

Check No:

SubtotalSales Tax


TOTAL

1,545.00

1,545.000.00

1,545.00



Advanced Media Group1250 Fremont Street

*• Lancaster, PA 17603USA

Voice: [email protected]: 717-427-1621


7003$


Page:

Sold To:High Industries1833 William Penn WayGreenfiled Industrial ParkLancaster, PA 17601

Ship To

Customer ID

0003

Sales Rep

Customer PO

Shipping Method

USPS Priorty

Payment Terms

C.O.D.

Ship Date Due Date

4/27/07

Quantity Item Description1991 Past Due Invoice forCD-ROM mastering andreplication from NIST,Commodore (Titus), AMP, etc.,Accumulated Interest to Dateat 10% per Annum CompoundedAnnually.

Unit Price Extension5,200.00

10,021.40

Check No:

SubtotalSales Tax


TOTAL

15,221.40

15,221.40

0.00

$15,221.40

ADVANCED MEDIA GROUP 05-23059 Ps0»10of37 05.17.2007


US District Court For The Eastern D r t r t f w ' ' S**w 3109 Fwteml rate Claim Act

Compact Disc Manuf.-iciinm s.

AMERICAN HEUX & STAN J.CATERPONE

EFFECTIVE OCTOBER 1, 1990

TERMS; This agreement between American Helix Technology Corporation, Inc., and Stan J.Caterbone, both of 1857 Colonial Village Lane, 1-MicaMer. PA 17601 will be valid until February1, 1991, at which time both parties may rveg«iat« a ne* agrt^ment far the remainder of the year,

In the event that a new agreement is not settled upon, this agreement wilt prevail until th« newagreement is implemented. Each party can withdraw from this agreement by submitting a 30 daynotice in writing, to die other party,

Any contracts awarded from prospects and marketing efforts up to February 1, 1991, or until a newcontract is negotiated, will be administered under thfe agreement. All contracts must have priorapproval fay David t). Dering prior to acceptance by American Helix

Under the termination of a relationship, Stan I Caterbone^ will be entitled to all commissions andrevenues entitled herein for contracts currently under development, and agrees to complete allnecessary requirements of the said project* from end m end.

AGREEMENTS

CD-ROM Raw Disc Replication - American Helix wilt receive 90% of the raw disc price.Stan J. Caterbone witt receive 10% of the: raw disc price. All pricing below $1 .00 will benegotiated on a case by ease ha*is. American Ht-3*x will be guaranteed a minimum prl-eof $ .85 on all projects. Any mattering cosl.s above a wash to American Helix, wUJ berecovered against repUeaUoix

Mastering - American Helix will receive 15% of the net margin of (he premastering amidata prcparatkui services performed by Stan J. Otcrhone, American Helix Is guaranteedat least a net wash of aft mastering casts.

will be paid upon invoicing of projects. Any past due accounts over 90a reversal of commissions agaihst current and. future commission*be reinstated upon payment

ingPresident, Amerlcari Helix

Date:

1 Rf Jf r^fl !*,_ ij. Ji ; ,*in.. ;i .

Property of Advance Media Group Pap 2699 of 3933 1010/2006

ADVANCED MEDIA GROUP 05-23059 Page 11 of 37 05,17.2007


US District Court For The Eaatgm£fefiaj |5ffiTt(A|!CfMaiijimi!, Section 3189 Federal Fate* -SMirfi J5wi'

Compact Disc Manufacturers.

May 21, 1990

Stan J. CaterboneADVANCED KEDIA GROUP, LTD.Lancaster, PA 17601

Dear Stan:

As per our recent discussions concerningour CD-ROM division, it is my intention toallow the ADVANCED MEDIA GROUP, LTD. tocontinue servicing these clients andprospects. There may be finder feesassociated with any or all of these businessactivities payable to American HelixTechnology Corporation,

The Advanced Media Group, LTD., will alsohave the opportunity to communicate to theseclients and prospects that The Advanced Mediacroup, LTD., will continue the current CD-ROMbusiness activities.

C' Respectfully,

- -fr Derltig

President

Property of Advance Media Group" "" Pag* 2667 of 2953



Advanced Media Group1250 Fremont StreetLancaster, PA 17603USA

Voice: 717-799-5915Fax: 717-427-1621

Duplicate

Sold To:Fulton Bank/Lane Co SheriffOn« Penn SquareLancaster, PA 17602


7004

Invoice Date:May 13, 2007

Page:i

Ship ToLancaster County Sheriff Dept.Lancaster County Courthouse50 North Duke StreetLancaster, PA 17602

Customer ID

0004

Sales Rep

Customer PO

Shipping Method

USPS Priorty

Payment Terms

C.O.D.

Ship Date Due Date

5/13/07

Quantity Item Description220 Stone Hill Road Property -Fair Market Value Less SalesProceedsAverage Fair Market Value perFulton Bank Form 1099-A;Parula Property RealtyTransfer Tax Statement ofValue; Real Estate AppraisalsDecember 20, 2006 Sheriff SaleAuction PriceFebruary 1, 2007 DisbursementCheck To Stan <J. CaterboneBarley Snyder Lecal Fees &CostsSheriff Dept Fees

Unit Price Extension

217,454.25

-156,000.00

17,306.00

-9,612.80

-2,000.00

Check No:

SubtotalSales Tax


TOTAL

67,147.45

67,147.45

0.00

$67,147.45



220 Stone Hill Road DocumentedFair Market Values In Year 2006

Average From 4 Fair Market Values = $217,454.25

1. 220 Stone Hill Rd, Cooestoga, PA 17516ZESTIMATE™: $213,999Value Range: $194,739 - $301,7390212412006

1. 220 Stone Hill Rd, Conestoga, PA 17516™w« .«» if^-ftsK1 fjK» «. /ji aS "B i1 iff™1 "s* ftd ff?0-' ^^ ***& '3Tfy< ^^Sr ** jfi 1'1

/ESHMATE1": $2207oOo09/21/2006

2. FULTON BANK FORM 1099-AFair Market Value of Property (Box 4): $250,000Tax Year 2006

3. REALTY TRANSFER TAXSTATEMENT OF VALUEBox 6. Fair Market Value = 184,952.00

$ 217,454.25 Average Fair Market Value$ 156,000.00 Sheriff Sale Price of Auction

$ 61,454.25 Fair Market Value Not Realized (Extortion)

$ 89,125.78 Mortgage Balance As of June 2005

$ 44,111,04 Total Attorney Fees and Costs

$ 20,000.00 Estimated Overcharge By Barley Snyder, LLC

$ 3,000.00 Estimated Overcharge By Sheriff's Department

$ 84,454.25 Amount Owed By Fulton Bank And LancasterCounty Sheriff's Department

$ 17,306.80 Amount of Disbursement

$ 67,147.45 Balance Due

ADVANCED MEDIA GROUP 05-23059 PajJ* 14 Of 37 05.17.2007


Schedule of DistributionWrit of Execution

Ei:#CI-06-02271December 20,2006 Sale Property #56

Fulton Bank

220 STGNS HILL ED*CONSSTOGA, PA CONESCOGA

Proceeds «f isa}e,,.,J1Sl 56.WMMM1Deduct Cost.,. —,.5,021,57

.Distribution a s follows:.... . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

-.Delinquent Taxes ..,-...,..-.;.:.',-^.f.:.:.-.^-:'.:i.,.',..,-,, „;.„;;..„..'...,'.„;.„.;,..,..',...„•.,..^,'^..-,'...-,.. None ;2006 County, Municipal & School Taxes ,„ , ...PaidWater/Sewer - ort site, fiot public.,,,,,.—,„.,... ,. ..,..,,., ..,,.,..... .,.,..,,,,.,.,,.N/AReally Trans.ferTa.ves.-Recorder of Deeds...... , -.. ,.3.699.04Mfg. layoff tn Barley Snydcr for Fulton Bank...,.,.,...., ,J 29,972.59Balance of Proceeds - Stanley J. Caterbone..-..,,.,,. „•.... .., , >„„ ! 7,306, SO

S.nyder'M, JLoiug, Esquire

126 Fast Ring SweetLancaster. PaJ 7602-2893 Sheriff of Laacaitijf

s^^sa^

•ADVANCED MEDIA tSRCXJP 05-23059; -

68215


Zillow.com - Data & Graphs - Real Estate Value, Local Real Estate Trends h%://www.zillow.coiii/Charts.z?chai»Dnrati(>n=lyear&zpid=%92127

Cooestoga^ PA. 17516

Value Range: $194,739 - $301,739

Market Value Change Show; A Dollar | % PercentageTime frame: tjrrj Sjnrj ,.lpjfir |,'' -^""/'^"i •"'

1230k

' J22MC

•KJIOk;

.'•$20*,-

.';.W9«(-.--

-WO*:':

VlTOk

$150k

Compare:This home17516ConestogaLancasterPAUSAShow sales

Zestimate™ Rankings

This home at $213,999 is valued higher than:

• 64% of homes in 17516 ZIP code

• 63% of homes in Conestoga

• 72% of homes in Lancaster County

• 65% of homes in PA state

• 40% of homes in United States

Zfndex (Median Zesti mate™)

$186,718

$186,674

$169,051

$186,373

$261,421

I of 2ADVANCED MEDIA GROUP 05-23059 Pago 16 of 37

2/24/2006 4:12 PM05.17,2007


ZUlow.com - Data & Graphs - Real Estate Value, Local Real Estate Trends hUp:/AvwwjdUow.coiii/Charts.z?cb^^

Historical Value Trends Show as: >' % C $ < <*> annualized

Past: This home 17516 Conestoya

30 days 0,7% 0,9% 1.3%

lyear 17% 15% 15%

5 years 63% 57% 58%

10 years

Last sale ()

Lancaster0,7%

12%

52%_ _

PA

-13%

4,4%

77%

1:1:1%

US

0.6%

21%

90%

104%

Tax Information

Property tax:

Assessed value bldgs:

Assessed value land:

Total assessed value:

2005

$96,400

$55,200

$151,600

Sale History

No sale history is available for this home

© 2006 Zillow.com, All Rights Reserved

2 of 2ADVANCED MEDIA GROUP 05-23059

2/M/20064:12PM05.17.2007


Zillow - 220 Stone Hill Rd> Conestoga, PA 17516 http:/Avww.ziDow.com/HomeI5etails.htin?city:=CoDestoga&state=PA&z..

Welcome amgroupOl! (Not amgroupOl? Sign out.)

I, Conestoga, PA 17516

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I o f 4ADVANCED MEDIA GROUP 05-23059 Pa0e 18 of 37


/illow - 220 Stone HUl Rd> Conestoga, PA 17516 http://www.zinow.c<«n/Homd>5tafls.htm?city^onestoga&state=PA&z..

Home Facts

Owner Facts

Residence:

Bedrooms:

Bathrooms:

Sqtt:

Lot size:

Year built:

Year updated:

# Stories:

Total rooms:

Basement:

Roof type:

Primary exterior material:

View:

Primary parking type:

Covered parking spaces:

Primary heating source:

Primary heating system:

Primary cooling system:

Architectural style:

Fireplace:

Swimming pool:

Waterfront:

County:

Parcel #: 1203252300000

Zlllow Home ID:

Legal description: —

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Show fewer home facts

Single family

3

2.0

1,060

82,764 sq ft / 1.90 acres

1995

16

Finished

Asphalt

Garage - Attached

Heat pump

Central

Yes

Lancaster

9692127

2 Of 4ADVANCED MEDIA GROUP 05-23059 Page 19 of 37

9/ff/20oi°ifl:58AM


Zillow.com - Real Estate Search Results Page 1 of2

Z!llow*€m fiete

Showing 10 comparable recent sales for 220 Stone ... PA_17516

State

USA

© 2006 NAVTEQ j ® 2006 GlgbeXgloiw ar»d Suppliers j © 2006 Proxix

Comparable Sold Date Sold BIrecent sales Price

Hi. 220 Stone — — 3Hill Rd

~-i""~ 213 Stone HIM $208,000 05/15/2006 3

2; SlLSfcone Hill $260,000 01/24/2006 3

~£T 101 W Ejrn.St $210,000 06/01/2006 3

4 15.prd.iard Ln $163,000 04/10/2006 4

!& 5 Orchard Ln $162,500 07/06/2005 3

^;, 3*55.MainJSt $182,900 10/04/2005 4

T?7" 410.Kendis.Rd $175,000 01/05/2006 3

:.r 2834 Main St $129,000 11/30/2005 3

1ST 24..E.E]m.St $143,000 07/22/2005 3

:tb 2'Q.Myer $159,900 10/12/2005 4CQrner.Rd

Averages $179,330 - 3

Choose „ your co mps. with My Zestimator.!"

http://www.zillow.coni/search/Search.htm7expanADVANCED MEpJA GROUP 05-23059 Pa

BA

2

1

1.5

1.5

1.5

1.5

1

2

1

2

1

1.5

Home(St|ft)

1,060

1,096

1,304

1,516

1,028

994

1,456

1,272

1,105

1,344

1,841

1,296

tot(sqft)

82,764

82,764

82,764

19,602

16,552

16,552

16,988

30,927

21,780

17,424

8,276

31,363

Home

ft

$196

$190

$199

$139

$159

$163

$126

$138

$117

$106

$87

$142

Lot$/sqft$3

$3

$3

$11

$10

$10

$11$6

$6

$8

$19

$9

YearBuilt

1995

1998

1997

1974

1985

1984

1930

1963

1942

1946

1890

Dist(mi)

--

0.08

0.43

0.48

0.41

0.33

0.35

0.67

0.56

0.65

0,45

=false&mode=comps&zpid=9692127 7/10/2006,20 of 37 05.17.2007


Prepared by: Lancaster County Sheriffs OfficeReturn To: Lancaster County Sheriff (OfficeParcel ID # 120-32523-0-0000Township/Borough: Conestoga Township TbU

02it1/2M7 St»t« iTT; 1.MS.B2(•:MWI LoMl UTT: I.MS.62

tl LiranUr County.

0« Id; UN7MR««lDt »; 6M1BSBM FH: M.Mof OMd« oifio.

••••lUUlill5592704f*g*t I of 4•2/CK2WT 1«:«MI

SHERIFF'S DEED

This Deed made this 20th day of December 2006 Between Terry A. Bergman(Grantor), Sheriff of the County of Lancaster, Pa, for the consideration of$156,000.00 (One Hundred Fifty Six Thousand Dollars and No Cents) does herebygrant and convey to Parula Properties LLC, Grantee.

ALL That certain tract of land along Stone Hill Road situate in Concstoga Township, LancasterCounty, Pennsylvania, and being more particularly shown on a survey prepared for Anna L.Mylinby Charles L. Roach,? .L.S.,on September 30,1994, and all the same being more fully bounded anddescribed as follows:

BEGINNING at a railroad spike set by others near the center of the westbound lane of Stone HillRoad; thence extending in Stone Hill Road, South eight (8) degrees thirty-five (35) minutes twelve(12) seconds East, a distance of two hundred eighty-nine and seventy-three hundredths (289.73) feetto a nail set by others near the centerline of said Stone Hill Road; thence extending along land nowor late of Floyd E. and Justine L, Duke and crossing over an icon pin set twenty-three and sixtyhundredth* (23.6X)) feet from the last described point, South eight (8) degrees forty-four (44) minutestwelve (12) seconds West, a distance of three hundred Hurry-five and forty-aine hundredth! (335.49)feet to a stone, a comer of land now or late of Russel and Donna Lasch; thence along lands now orlateofsame, Southeighty*«even (87) degrees twenty-one (21) minutes thirty-two (32) seconds West,a distance of one hundred ninety-five and fifty-seven hundredths (195.57) feet to an iron pin; thenceextending along land now or late of Charles £. and Theda M. Rineer, North five (5) degreesseventeen (17) minutes thirty (30) seconds West, a distance one hundred seventy (170.00) feet to apoint; thence extending along land now or late of Harold F. and Mary Jane Baker, North six (6)degrees thirteen (13) minutes ten (10) seconds West, a distance of two hundred twenty (220.00) feet,having crossed over an iron pin set twenty-five and forty hundredths (25.40) feet from the nextdescribed point to a railroad spike set by others, the place of BEGINNING.

Tcny A. BergmanSheriff of t^ncaaer County

ADVANCED MEDIA GROUP 05-23059 Page 21 of 3? 05.17.2007


CONTAINING 1.982 acres.

UNDER AND SUBJECT TO any conditions, restrictions and rights-of-way of record.

IT BEING the same premises which Anna L. Mylin, by deed dated January 20,1995 and recordedJanuary 24,1995 in the Office of the Recorder of Deeds in and for Lancaster County, Pennsylvania,in Record Book 4552, Page 0419, granted and conveyed unto Stanley J. Caterfaone, his heirs andassigns, Grantor herein.

Tax Map No.: 120-32523-0-0000

SEIZED IN EXECUTION as the property of Stanley J. Caterbone, on Judgment No. CI-06-02271,

Teny A. BergmanSheriff of UncMter County Page 2 of 3

ADVANCED MEDIA GROUP 05-230& Page 22 of 37 05.17.2007


Thesanie having been sold to me on the 20th day ofDecetnber 2006, after due •dvettit in accordling to law, by virtueof a writ of execution issued on the 31st day of July 2006, out of the Cow of Common Pleas of Lancaster Coumy, asof Number 0642271, at the suit of Fulton Bank against Stanley J. Caterbone.

In Wttncn Whereof I have hereunto affixed my signature, tins 20ft day ofDecember.Aimo Domini two thoutand andsix.

jvd^Stffod »fo«elivered in the preseaet of

Commonwealth of Pennsylvania, ss.: \ »;•"*•*...;-.x< .-

Before me, the undersigned, Randall O. Wcnger. Prothonotary of the Court of Common'pWai'of'LancasterCounty, personally appealed Terry A, Bergman, Sheriff of Lancaster County, and that he acknowledged die same Inorder that said deed might be recorded.

i my hand and the seal of the said court this

I hereby certify that the precise residenceof the grantee is: 100 South 7th Street

Akron, PA 17501

FORTHEORAmEE

Terry A. BergmanSheriff of Lancaster County Page 3 of 3



COMM0NMWM.TM OF PBNMYUMMA

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RECORDER'S UK ONLY

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Complete each wcton and Be in duplicate wtih Reeoriv of OMdi «h«(1)*»Mdeed is wWwut conaiilaMttm, or ty or (^ a tax «wnpHmtax based on: (l)hndyratoiBi or (2) pubic i ^MMrMnty more

A. CORRESPONDENT- All tnoulria* may be dtrectod to th* fottowtno ~Nanw

Sbdby Shepro•Mtptnra Number.

) 717-859-3311il4St**Md«. 180Soutn7|nStmt

B. TRANSFER DAW

Sheriff of Laweaster County

^ AlowSMtPA

apcod*17501

Date of Acceptance of Document 1-5-07

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Lancasterfit**PA 17602

3nMM(t)IU«M«(»)PanOa Properties LLC.

100 Seuth 7th Street

Akronaw*PA

Zip Cod*17501

C PROPERTY LOCATIONSVMtAddniM220 Stone Hill ftemdCountyLancaster

sthootDMtciPeon Manor

D. VALUATION DATA1. AOual CHh CoraManllon156,0004.coumyA*M*MdVWiM151,600.00

+ 0

Conettoiia Tawnship

I SSSBUooo

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> 156,000

= 184,952.00E. EXEMPTION DATAU. Amount of BwmplkMi CWnwd

0ib. PWMntog* of MMMI CanMjnd

100 2% FMV«$3.699.042. Cheek Appropriate Box Below for Exemption Claimed

D Wi or Intestate succession

D Traneferta mdtwtital Development Agency.O Trarwfw to « trust (Att«A complete ooD Transfer between principal and agent (Attach complete copy of agancyteHw party agrMment)D Trarwfera to ttwC^nwnwwamt, the United S«

of condemnation. 0f condemnation or In «eu of oondtmnafon. attach copy of raaolutkxi.)D TransfaffiromnKwtgagc^ to a noMer of a moctgege In default Mortgege Book Number _ .Page Number _D COrocaVe or confirmatory deed. (Attach compMe copy of th» prior deed being corrected or conflmied,)D Statutory corporate consolidation, merger or division. (Attach copy of articles.)D Other (Please explain exemption chimed, tf other than ifetod above.) __

Under pwultfM ol tow. I d*cter* OM| I haw exemiMtf thta SMmmMA tadwHno «wso«»»nylna InHotmatlon. mtf »the beetof my taiMBiedB* and heUef. K)» true, eomct end camptote.

r: I'3'CT)FAILURE TO COftrt-ETE THIS FOlAl PROPERLY OR ATTACH APPUCABLE DOCUMENTATION MAY RESULT INTHE RECORDER'S REFUSAL TO RECORD THE DEED.



RiltonBank 1057•V^^M^BV^mPW

LISTENING.

FEBEML ID DUMBER: 23-1928421 ,,DIRECT INQUIRIES TO: 800-385-8664P.O,: Bos 4SS7, LaBeaster.M 176044$$?

StAlO? 3 CATBXBOHT5 TOUR TAXPAYER220' STOKE HILL W,. t $Ai'/WIII:

COSEStOGA FA 17316-9543 200-46-0939TAX YEAR 20(36

MFAIR HARKfiT V'ALTll OF PKOFEKTT (BOS *>:• 250»000,00 •.;...

ADVANCED MEDIA GROUP 05-23059 Pag«25of37 05.17.2007



Voice: amgr oup 0 l®msn. comFax: 717-427-1621

Sold To:Drew Anthon - Eden Resort Inn222 Eden RoadLancaster, PA 17601

InvoiceInvoice Number:

7005


Page:

Duplicate

Ship to:

Customer ID Customer PO0005

Sales Rep ID Shipping MethodUSPS Priorty

Quantity Item

Payment Terms

C.O.D.

Ship Date

Description

Medical Expenses, Legal Costs,and Adminstration CostsAssociated with CI-OS-03644

Unit Price

Due Date5/13/07

Extension

24,118.00

Check No:

SubtotalSales Tax


TOTAL

24,118.00

24,118.00

0.00

24,118.00



IN THE COURT OF COMMON PLEAS LANCASTER COUNTY, PENNSYLVANIACIVIL DIVISION

PROJECT HOPEADVANCED MEDIA GROUP220 Stone Hill RoadConestoga,PA 17516

Plaintiff Case No. CI-05-03644

DREW ANTHON,(MA)EDEN RESORT INN222 Eden RoadLancaster, PA 17601

Defendant

NOTICEITEMS FOR CLAIM

Plaintiff files the following ITEMS FOR CLAIM.

1. Plaintiff filed the civil action in good faith and did suffer substantial stress related healthproblems that that were triggered when the Plaintiff read the Lancaster Newspapers Intelligencerarticle regarding the same ("Tea Party") as well as business financial losses.

2. Medical Expenses from Lower Back Pain Due To Stress - $5,184.00Excelsior Place Business Plan Fees - $7,000.00UPS Store Lost Opportunity - $10,000.00

SUB TOTAL $22,118.00

ATTORNEY FEES AND ADMINISTRATION - 2,000.00

TOTAL- $24,118.00

I hereby certify that appropriate Notices Items For Claim has been mailed in accordance with PA R.C.P.237.1 on the dales indicated on the Notices.

STANJ.CATERBONEPROJECT HOPEADVANCED MEDIA GROUP

By:STAN J. CATERBONE, Pro Se

DREW ANTHON,(MA)EDEN RESORT INN

Plaintiffs address is:Stan J. Caterbone, 220 Stone Hill Road, Conestoga, PA 17516 And that the last knowl 1 address of theDefendant is: 222 Eden Road, Lancaster, PA 17601

ADVANCED MEDIA GROUP 05-23059 Pago 27 of 37 05.17.2007



PROJECT HOPEADVANCED MEDIA GROUP

Plaintiff Case No. CI-05-03644


DefendantNOTICE OF JUDGMENT OR ORDER

TO: ( ) Plaintiff(XX) Defendant( )Gamishee

You are hereby notified that the followingOrder or Judgment was entered against youOn January 20,2006

(XX) Assumpsit Judgment in the amountof $11,000 plus costs.

( ) Trespass Judgment in the amountof $_ plus costs.

( ) If not satisfied within sixty (60)days, your motor vehicle operator's license and/or registrationwill be suspended by the Department of Transportation, Bureauof Traffic Safety, Harrisburg, PA

(XX) Entry of Judgment of( ) Court Order( ) Non-Pros( ) Confession(xx) Default( ) Verdict( ) Arbitration

Award

ProthonotaiyBy:PROTHONOTARY (OR DEPUTY)

DREW ANTHON,(MA)EDEN RESORT INN222 Eden Road, Lancaster, PA 17601

Plaintiff's address is:Stan J. Caterbone, 220 Stone Hill Road, Conestoga, PA 17516 717-799-5915




PROJECT HOPEADVANCED MEDIA GROUP

Plaintiff


Defendant

CaseNo.CI-05-03644

IMPORTANT NOTICE

TO: DREW ANTHON,(MA)EDEN RESORT INN222 Eden Road, Lancaster, PA 17601

Date of Notice: January-20,2006

YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN

APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE DSf WRITING WITH THE COURT YOUR

DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU UNLESS YOU ACT

WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED

AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER

IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO

NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW.

THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU

CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TI PROVIDE YOU WITH

INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS

AT A REDUCED FEE OR NO FEE.

LANCASTER COUNTY COURT ADMINISTRATOR'S OFFICE50 NORTH DUKE STREETP.O. BOX 3480LANCASTER, PA 17602(717)299-8041

BY:STAN J. CATERBONEPROJECT HOPE/ADVANCED MEDIA GROUP220 Stone Hill RoadConestoga,PA 17516717-799-5915



make the following civil complaint against the defendant, Drew Anthon and Eden Resort Inn and ConferenceCenter:

Plaintiff alleges Drew Anthon and the Eden Resort Inn and Conference Center has colluded to sabotage theDowntown Lancaster Convention Center project by organizing a formal request and soliciting support tocertain Lancaster County Hoteliers to voluntarily withhold the payment of the Lancaster County Hotel RoomTax, thereby" placing the financial interests of the Business Plan for the Excelsior Property of East King Streetand the Rights to develop a UPS Store in or around the Downtown Lancaster Convention Center at extremerisk.

Plaintiff will argue that such financial risk is causing mental stress and duress, that otherwise would not bepresent, had the defendant not engaged the above-mentioned activities.

Plaintiff seeks the Commonwealth of Pennsylvania to place a sees and desist order against the defendantsactions to withhold the Hotel tax until the defendants can prove to the Commonwealth the said actions are in thebest interests of the Plaintiffs interests and those of all major stakeholders of the proposed Downtown LancasterConvention Center, including the School District of Lancaster, the City of Lancaster, the County of Lancaster,Penn Square Partners, as well as others. Thus the defendants must prove that the Downtown LancasterConvention Center will fail.

Plaintiff submits the following exhibits for considerations of the Courts:

• The maj or pages of the website of Advanced Media Group• The Excelsior Place Business Plan• The Agreement Between Art Ward, Owner of the UPS Store and Stan Caterbone

Plaintiff seeks a jury trial with damages in excess of $10,000.

Stan J. Caterbone/Project Hope/Advanced Media Group

Dated: April 26,2005

ADVANCED MEDIA GROUP 05-23059 Paee30of37 05.17.2007


Businessman, irked bv hotelier action, files suitBy Justin Quinn

Intelligencer JournalPublished: May 06, 2005 9:47 AM EST

LANCASTER COUNTY, PA - A local businessman filed a $100,000 lawsuit lastmonth against Drew Anthon, owner of Eden Resort Inn and Conference Center, claimingAnthon "colluded to sabotage" the proposed Lancaster County Convention Center byannouncing his intention to withhold the county hotel room tax.

Conestoga resident Stan J. Caterbone is asking that a local judge place a "sees (sic)and desist order" on Anthon and the hotel to prevent them from withholding the roomtax.

The suit was filed April 26, the day the Intelligencer Journal reported Anthon andseveral other hoteliers were threatening to withhold payment of the room tax, most ofwhich goes toward a hotel and convention center proposed for Penn Square. The nextroom tax payment is due May 26.

Caterbone is founder of Advanced Media Group, 1857 Colonial Village Lane, aninformation technologies company specializing in optical publishing. He claims in thelawsuit that Anthon's actions place "at extreme risk" Caterbone's plans to develop a UPSstore and an office complex called "Excelsior Place" across from the proposed conventioncenter. "Plaintiff will argue that such financial risk is causing mental stress and duress thatotherwise would not be present, had the defendant not engaged (in) the above-mentionedactivities," Caterbone says in the suit.

The suit asks for a court order to force the hoteliers to pay the tax "until thedefendants can prove to the commonwealth the said actions are in the best interests ofthe (plaintiff) and those of all major stakeholders of the proposed downtown Lancasterconvention center, including School District of Lancaster, the City of Lancaster, the Countyof Lancaster, Penn Square Partners, as well as others. Thus, the defendants must provethat the downtown Lancaster convention center will fail."

A person who answered the phone at the number listed in the lawsuit asCaterbone's did not identity himself. "All the information is public," the man said whenasked about the suit. "You can go there."

As exhibits, the lawsuit includes Web pages from Caterbone's company and a boundvolume titled "The Excelsior Place Business Plan."

The suit also includes a handwritten agreement between Caterbone and Art Ward,owner of the UPS Store. Anthon did not return a reporter's phone calls. A judge has notbeen assigned to the case.



Advanced Media Group_1250 Fremont StreetLancaster, PA 17603USA

Voice: 717-799-5915Fax: 717-427-1621

Sold To:Harleysville Insurance Company308 Harper DriveP.O. Box 1016Moorestown, NJ 08057-0916


7006


Page:

Duplicate

Ship to:

Customer ID Customer PO Payment Terms0006 C.O.D.

Sales Rep ID Shipping Method Ship DateUSPS Priorty

Quantity Item DescriptionAMG Consulting IncomeMarch 16, 2006 Claim Number 2FMO-65B554-U XC AainstHomeowners Policy NumberHOA193468April 12th, 2006 Claim NumberMO- 654 61 9 -U XC AgainstHomeowners Policy NumberHOA193468

Unit Price

Due Date5/13/07

Extension7,898.19

Check No:

SubtotalSales Tax


TOTAL

7,898.19

7,898.190.00

7,898.19

ADVANCED MEDIA GROUP 05-23059 Pao*32of37 05.17.2007


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7007Invoice Date:

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Sold To:Harleysville Insurance Company308 Harper DriveP.O. Box 1016Moorestown, NJ 08057-0916

Ship to:

Customer ID0006

Sales Rep ID

Quantity

Customer PO


Item

Payment Terms

C.O.D.Ship Date

Description

May 15, 2007 Claim NumberMO-702274 Does Mot IncludeTine Management Calendersand Desktop Calenders

Unit Price

Due Date5/15/07

Extension

6,878.25

Check No:

SubtotalSales Tax


TOTAL

6,878.25

6,878.250.00

6,878.25



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Case: 07-2151 Document: 003110488629 Page: 1 Date Filed: 04/04/2011

PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 07-2151

IN RE: STANLEY J. CATERBONE, Stanley J. Caterbone, Appellant

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA (D.C. Civil No. 06-CV-05012)

District Judge: Honorable Anita B. Brody

Submitted Under Third Circuit LAR 34.1(a) March 17, 2011

Before: BARRY, CHAGARES and ROTH, Circuit Judges

(Opinion Filed: April 4, 2011)

Stanley J. Caterbone, Pro se Advanced Media Group 1250 Fremont Street Lancaster, PA 17603

William Kanter, Esq. Jeffrica J. Lee, Esq. Appellate Staff, Civil Division, Room 7537 Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530-0001



Catherine L. Sakach, Esq. Court Appointed Amicus Curiae on Behalf of the Court Duane Morris LLP 1940 Route 70 East Cherry Hill, NJ 08003

OPINION OF THE COURT

BARRY. Circuit Judge

This case involves an untimely notice of appeal to the District Court after the Bankruptcy Court's dismissal, for cause, of a Chapter 11 petition. The question before us is whether, pursuant to 28 U.S.C. § 158(c)(2) and the Federal Rules of Bankruptcy Procedure, an untimely filing such as the one at issue here deprives subsequent reviewing courts—^here, both the District Court and this Court—of jurisdiction over the appeal. We conclude that it does. Accordingly, we will dismiss the instant appeal and remand to the District Court with instructions to dismiss the appeal to it from the Bankruptcy Court for lack of subject matter jurisdiction.

L Background

Appellant Stanley J. Caterbone filed a Chapter 11 bankruptcy petition in May 2005. The United States Trustee subsequently moved to dismiss the petition for cause, and the Bankruptcy Court granted the motion on October 3, 2006, citing various substantive and procedural deficiencies. See 11 U.S.C. § 1112(b).

The order of dismissal was mailed to Caterbone by first class mail on October 5, 2006. On October 16, he sent a notice of appeal by first class mail and electronic mail. However, the notice of appeal was filed with the District Court on October 19, rendering it untimely because it occurred outside the ten-day window, then in place, for filing



a notice of appeal. See Fed. R. Bankr. P. 8002(a) (2006).' It is undisputed that Caterbone did not file a "request to extend the time for filing a notice of appeal ... by written motion ... before the time for filing a notice of appeal ha[d] expired," nor did the Bankruptcy Court grant such an extension following "a motion filed not later than 20 days after the expiration of the time for filing a notice of appeal ... upon a showing of excusable neglect." Id. 8002(c)(2).

Despite its untimely filing, Caterbone's appeal was docketed in the District Court on November 14, and the Trustee did not argue that it was untimely. On March 15, 2007, the Court sua sponte dismissed the appeal, citing Caterbone's failure to comply with Fed. R. Bankr. P. 8006, which requires that a petitioner designate "items to be included in the record on appeal and a statement of the issues to be presented." Caterbone appealed to this Court. Shortly thereafter, the Trustee moved to dismiss the appeal, citing, for the first time, Caterbone's initial untimely notice of appeal, and arguing that, as a result of the untimely filing, the District Court lacked subject matter jurisdiction.

Following various intervening events, including the appointment of amicus curiae, the case is now before us. The Trustee argues that, consistent with Bowles v. Russell, 551

' In amending Fed. R. Bankr. P. 8002(a), effective December 1, 2009, to expand the time for filing a notice of appeal to fourteen days, the Supreme Court's accompanying Order provided that the amendment "shall govern in all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending." Supreme Court of the United States, Order Amending Federal Rules of Bankruptcy Procedure (Mar. 26, 2009). The Trustee argues that the "just and practicable" rationale is inapplicable here. Moreover, the Trustee notes that Caterbone's notice of appeal was dated, but not filed, on October 16, and argues, persuasively in our view, that even if the expanded period were to apply, the notice of appeal was still untimely because it was filed the sixteenth day after entry of the Bankruptcy Court's order.

3



U.S. 205 (2007), Section 158(c)(2) established a mandatory, jurisdictional deadline that statutorily encompasses Rule 8002(a)'s specified timeline for appealing the judgment of a bankruptcy court, such that the timeline is not akin to a freestanding, waivable "claim-processing rule" within the meaning of Kontrick v. Ryan, 540 U.S. 443 (2004). Amicus argues similarly. Caterbone, on the other hand, elides the Bowles analysis and argues, inter alia, that his untimely filing should be addressed, and excused, under the standard of "excusable neglect" set forth in Pioneer Inv. Servs. Co. v. BrunswickAssocs. Ltd. P'ship, 507 U.S. 380 (1993).

For the reasons explained below, we hold that the prescribed timeline within which an appeal from a bankruptcy court must be filed is mandatory and jurisdictional, thus affirming, in light of Bowles, the rule that we applied in Shareholders v. Sound Radio, Inc., 109 F.3d 873, 879 (3d Cir. 1997).

II. Jurisdiction and Standard of Review

Jurisdiction is the threshold issue in this case, and we must address its relevance both to the decision rendered by the District Court, and to our review of that decision. Thus, as an initial matter, we note that we have jurisdiction over the final decision that the District Court rendered on Caterbone's appeal from the Bankruptcy Court. 28 U.S.C. § 158(d)(1). Our authority includes reviewing whether the District Court's own exercise of jurisdiction, per § 158(a), was proper. That is because "subject-matter jurisdiction, because it involves a court's power to hear a case, can never be forfeited or waived[, such that courts] ... have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge fi-om any party." Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006) (internal quotation marks and citation omitted).

Ordinarily, we apply plenary review to final orders of a district court sitting as an appellate court reviewing the decision of a bankruptcy court. In re Carnegie Ctr. Assocs., 129 F.3d 290, 294 (3d Cir. 1997). However, following from



our obligation to determine the threshold issue of subject matter jurisdiction, see Arbaugh, 546 U.S. at 514, and where, as here, a party "contest[s] our jurisdiction and that of the District Court, ... [w]e exercise de novo review over [the] question[] of subject matter jurisdiction." Great W. Mining & Mineral Co. v. Fox Rothschild LLP, 615 F.3d 159, 163 (3d Cir. 2010). This is the case even where, again as here, a district court "exercis[es its] jurisdiction" and dismisses a cause of action for some other reason. Id. If our independent review yields the conclusion that the District Court lacked subject matter jurisdiction over an appeal fi"om the Bankruptcy Court, the appropriate disposition is dismissal of the appeal. In re Caribbean Tubular Corp., 813 F.2d 533, 535 (1st Cir. 1987) (holding that where it is found that a district court lacked appellate jurisdiction over a bankruptcy court order, the court of appeals must dismiss the appeal to it, and remand to the district court with instructions to vacate its order and to dismiss the appeal from the bankruptcy court).

III. Discussion

An appeal from a decision of a bankruptcy court is subject to the requirements of 28 U.S.C. § 158(c)(2), which provides that appeals "shall be taken in the same maimer as appeals in civil proceedings generally are taken to the courts of appeals from the district courts and in the time provided by Rule 8002 of the Bankruptcy Rules." When Caterbone filed his appeal, that rule provided, in relevant part, that "notice of appeal shall be filed with the clerk within 10 days of the date of the entry of the judgment, order, or decree appealed fi"om." Fed. R. Bankr. P. 8002(a) (2006).

Although Kontrick affirmed as "'axiomatic'" the proposition that requirements contained in a bankruptcy rule alone are not jurisdictional (and, hence, are waivable), 540 U.S. at 453 (citation omitted). Section 158 provides the statutory basis for the courts' jurisdiction over bankruptcy appeals. See 28 U.S.C. § 158(a) & (d) (specifying circumstances of "district courts['] ... jurisdiction to hear appeals" and the "courts of appeals['] ... jurisdiction"). Because Section 158 also specifies the time within which an



appeal must be taken—i.e., "in the time provided by Rule 8002"— that requirement is jurisdictional. As Bowles clarified, both acknowledging and distinguishing Kontrick, "the taking of an appeal within [a statutorily] prescribed time is mandatory and jurisdictional." 551 U.S. at 209 (internal quotation marks and citations omitted). Accordingly, "failure to file [a] notice of appeal in accordance with the statute therefore deprive[s] ... [courts] of jurisdiction[, and bars a party from] ... rely [ing] on forfeiture or waiver to excuse [a] lack of compliance with the statute's time limitations." Id. at 213 (citation omitted).

Here, even though it is a bankruptcy rule that specifies the time within which an appeal must be filed, the statutory incorporation of that rule renders its requirement statutory and, hence, jurisdictional and non-waivable. As the Supreme Court recently observed, while "the distinction between jurisdictional conditions [i.e., a la Bowles] and claim-processing rules [i.e., a la Kontrick] can be confusing in practice[,] ... Bowles stands for the proposition that context, including th[e] Court's interpretation of similar provisions in many years past, is relevant to whether a statute ranks a requirement as jurisdictional." Reed Elsevier, Inc. v. Muchnick, 130 S. Ct. 1237, 1243, 1247-48 (2010).

Beyond the fact that the statutory text of Section 158(c)(2) incorporates a time condition, historical context also supports our holding. Prior to Kontrick and Bowles, we regarded Rule 8002(a)'s time limit for filing a notice of appeal as jurisdictional. See Shareholders, 109 F.3d at 879; Whitemere Dev. Corp., Inc. v. Cherry Hill Twp., 786 F.2d 185, 187 (3d Cir. 1986); In re Universal Minerals, Inc., 755 F.2d 309, 311 (3d Cir. 1985). Kontrick—dind, later, Eberhart V. United States, 546 U.S. 12 (2005)—arguably provided the opportunity to question whether this rule remained correct. That being said, a careful reading of Kontrick, Bowles, and Reed Elsevier confirms that the rule we affirmed in Shareholders, Whitemere, and Universal Minerals remains the rule today.

In holding that time constraints for objecting to a

6



discharge in bankruptcy are non-jurisdictional "claim-processing rules," Kontrick noted that Congress's statutory grant of jurisdiction to the courts to adjudicate discharges in bankruptcy contains no reference to a time condition. 540 U.S. at 452-53 (citing 28 U.S.C. § 157(b)(1), (b)(2)(I), and (b)(2)(J)).^ To the contrary, in holding that the statutorily-prescribed time provision for filing an appeal in a federal habeas corpus proceeding is jurisdictional, Bowles expressly stated: "Today we make clear that the timely filing of a notice of appeal in a civil case is a jurisdictional requirement." 551 U.S. at 214. Moreover, notwithstanding the fact that Arbaugh could be read to state that a clear statement rule applies to Congress's identification of a statutory limitation as jurisdictional, see 546 U.S. at 515-16,^ Reed Elsevier more recently clarified that, again a la Bowles,

the relevant question ... is not ... whether [a particular statutory provision] itself has long

Likewise, in Eberhart, 546 U.S. at 16, 21, the Court concluded that time provisions in the Federal Rules of Criminal Procedure were non-jurisdictional, and thus waivable. In Arbaugh, 546 U.S. at 515, the Court concluded that a numerical provision affecting Title VII claims, but which was separate fi-om Title VII's jurisdictional provision, thereby was not jurisdictional.

^ As the Court stated in Arbaugh: [W]e think it the sounder course to refrain from constricting § 1331 or Title VII's jurisdictional provision, and to leave the ball in Congress' court. If the Legislature clearly states that a threshold limitation on a statute's scope shall count as jurisdictional, then courts and litigants will be duly instructed and will not be left to wrestle with the issue. But when Congress does not rank a statutory limitation on coverage as jurisdictional, courts should treat the restriction as nonjurisdictional in character.

546 U.S. at 515-16 (internal citations and reference omitted).

7



been labeled jurisdictional, but whether the type of limitation that [it] imposes is one that is properly ranked as jurisdictional absent an express designation. The statutory limitation in Bowles was of a type that we had long held did "speak in jurisdictional terms" even absent a "jurisdictional" label, and nothing about [that provision's] text or context, or the historical treatment of that type of limitation, justified a departure from this view.

130 S. Ct. at 1248.

It is evident, in light of Shareholders, Whitemere, and Universal Minerals, that we "ha[ve] long held" that Section 158(c)(2)'s incorporation of the filing timeline specified in Rule 8002(a) "speak[s] in jurisdictional terms[,] even absent a jurisdictional label, and [that] nothing about [its] text or context, or [its] historical treatment ... justifie[s] a departure from this view." See Reed Elsevier, 130 S. Ct. at 1248. Because it was both prior to and shortly after Reed Elsevier that we affirmed in non-precedential opinions that the time requirement for filing a bankruptcy appeal is jurisdictional, we now take the occasion to so hold in a precedential opinion.'* Doing so comports with the fact that, unlike the rules that Eberhart and Kontrick held were non-jurisdictional, Rule 8002(a)'s time limit is rooted in a congressionally-enacted statute. See Fed. R. Bankr. P. 8002, advisory committee note (noting that "th[e] rule is an adaptation of Fed. R. App. P. 4(a)); see also Bowles, 551 U.S. at 212, 213 ("[A] statute-based filing period for civil cases is jurisdictional. . . . Because Congress decides whether federal courts can hear cases at all, it can also determine when, and under what conditions, federal courts can hear them. Put another way, the notion of subject-matter jurisdiction obviously extends to ... when Congress prohibits federal courts from adjudicating an otherwise legitimate class of

For purposes of reference only, we note In re Taylor, 343 F. App'x 753, 755 (3d Cir. 2009), and In re Jacobowitz, 384 F. App'x 93, 94 (3d Cir. 2010).

8



cases after a certain period has elapsed from final judgment." (internal quotation marks and citations omitted)). Taking all of this into consideration, we conclude that the rule we enunciated in Shareholders remains good law.

Given the fact that subject matter jurisdiction over Caterbone's appeal to the District Court was, and is, lacking—and that jurisdictional defect also bars us from reviewing the merits of his appeal to us—^we need not address the Court's dismissal of his appeal for failure to prosecute. Nor need we address Caterbone's argument that his "excusable neglect" saves his untimely filing, given the clear text of Rule 8002 and the guidance oi Shareholders:

Rule 8002(c) ... requires that even in cases of excusable neglect, the issue must be raised and the appeal filed within the ... window of Rule 8002 (Rule 8002(a)'s [timeline] for the appeal + 8002(c)'s [timeline] for the extension). The rule does not allow a party to claim excusable neglect after the [time period] ha[s] expired.

109 F.3d at 879 (internal citations omitted). Finally, we decline to address Caterbone's remaining arguments, because they do not pertain to the threshold issue of jurisdiction.

IV. Conclusion

For the foregoing reasons, we will dismiss the instant appeal and remand to the District Court with instructions to dismiss Caterbone's appeal from the Bankruptcy Court for lack of subject matter jurisdiction.

Our conclusion is consistent with the holdings of our sister circuits that have affirmed that the filing timeline for bankruptcy appeals is jurisdictional. See In re Latture, 605 F.3d 830, 837 (10th Cir. 2010); In re Wiersma, 483 F.3d 933, 938 (9th Cir. 2007); In re B.A.R. Entm't Mgmt., Inc., 2010 WL 4595554 (2d Cir. Nov. 15, 2010) (citing In re Siemon, 421 F.3d 167, 169 (2d Cir. 2005)).

9



UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 07-2151

IN RE: STANLEY J. CATERBONE, Stanley J. Caterbone, Appellant

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

(D.C. Civil No. 06-CV-05012) District Judge: Honorable Anita B. Brody

Submitted Under Third Circuit LAR 34.1(a) March 17, 2011

Before: BARRY, CHAGARES and ROTH, Circuit Judges

JUDGMENT

This cause came to be heard on the appeal fi-om the United States District Court

for the Eastern District of Pennsylvania and was submitted on March 17, 2011.

After consideration of all the contentions raised, it is

ADJUDGED and ORDERED that the appeal be and hereby is dismissed and this

matter is remanded to the District Court with instructions to dismiss Caterbone's appeal

from the Bankruptcy Court for lack of subject matter jurisdiction. No costs. All in

accordance with the Opinion of the Court.



Dated: April 4, 2011

ATTEST:

/s/ Marcia M. Waldron, Clerk



OFFICE OF THE CLERK

MARCIA M. WALDRON U N I T E D S T A T E S C O U R T OF A P P E A L S TELEPHONE

21400 UNITED STATES COURTHOUSE 215 597 2995 CLERK 601 MARKET STREET

PHILADELPHIA, PA 19106-1790

Website: www.ca3.uscourts.gov

April 4, 2011

Mr. Stanley J. Caterbone 1250 Fremont Street Lancaster, PA 17603

Jeffrica J. Lee, Esq. United States Department of Justice Civil Division 950 Pennsylvania Avenue, N.W. Washington, DC 20530

Catherine L. Sakach, Esq. Duane Morris 1940 Route 70 East Suite 200 Cherry Hill, NJ 08003

RE: In re: Stanley Caterbone Case Number: 07-2151 District Case Number: 06-cv-05012

ENTRY OF JUDGMENT

Today, April 04,2011 the Court entered its judgment in the above-captioned matter pursuant to Fed. R. App. P. 36.

If you wish to seek review of the Court's decision, you may file a petition for rehearing. The procedures for filing a petition for rehearing are set forth in Fed. R. App. P. 35 and 40, 3rd Cir. LAR 35 and 40, and summarized below.


http://www.ca3.uscourts.gov


Time for Filing: 14 days after entry of judgment. 45 days after entry of judgment in a civil case if the United States is a party.

Page Limits: 15 pages Attachments: A copy of the panel's opinion and judgment only. No other attachments are permitted without first obtaining leave from the Court.

Unless the petition specifies that the petition seeks only panel rehearing, the petition will be construed as requesting both panel and en banc rehearing. If separate petitions for panel rehearing and rehearing en banc are submitted, they will be treated as a single document and will be subject to a combined 15 page limit. If only panel rehearing is sought, the Court's rules do not provide for the subsequent filing of a petition for rehearing en banc in the event that the petition seeking only panel rehearing is denied.

A party who is entitled to costs pursuant to Fed.R.App.P. 39 must file an itemized and verified bill of costs within 14 days fi-om the entry of judgment. The bill of costs must be submitted on the proper form which is available on the court's website.

A mandate will be issued at the appropriate time in accordance with the Fed.R.App.P. 41.

Review of this Court's final decision may be pursued in the Supreme Court of the United States.

Please consult the Rules of the Supreme Court of the United States regarding the timing and requirements for filing a petition for writ of certiorari.

Very truly yours,

7^ Marcia M. Waldron, Clerk

By: Charlene/jk Case Manager 267-299-4923


AMENDED in Forma Pauperis to Superior Court Preliminary Judgement Case No. 15-06985 September 15, 2015

Documents

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