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THE LANCASETER COUNTY COURT OF COMMON PLEAS

CIVIL DIVISION

In Re: STANLEY J. CATERBONE


and ADVANCED MEDIA GROUP,
PETITIONERS
v.
RESIDENTS of the County of Lancaster Pennsylvania
DEFENDANTS

Case No. 15-06985

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 1 st 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. Caterbone
Advanced Media Group, President and Owner
Pro Se Litigant, U.S. District Court & Pennsylvania Common Pleas Court
Scaterbone@Live.com
1250 Fremont Street
Lancaster, PA 17603
717-669-2163

Monthly obligations for Stanley J. Caterbone


In Forma Pauperis Application
re: Case No. 15-06985 in the Lancaster County Court of Common Pleas
Utility Monthly Average
PP&L
$71.94
UGI
$47.28
Comcast
$162.00
Taxes
$250.00
Insurance
$43.75
Water/Sewer
$28.58
Cell Phone
$48.00
Majic Jack
$2.50
Trash
$17.50
Sub-Total
Website Hosting
Office Supplies
Copy Services
and Printing
Technology and
Security
Capital Improvement
Auto Loan
Medicare
Medicare Supplement
Sub-Total

$671.55
$15.00
$50.00
$35.00
$50.00
$50.00
$220.00
$120.00
$30.00
$570.00

TOTAL MOTHLY EXPENSES

$1,241.55

IN THE COURT OF COMMON PLEAS OF


LANCASTER
_____________________________COUNTY,
PENNSYLVANIA
Stanley J. Caterbone
_______________________________,
PLAINTIFF

vs.
_______________________________,
DEFENDANT

:
:
:
:
:
:
:
:
:

CIVIL ACTION-LAW

15-06985
Case No. _______________

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


LANCASTER
_____________________________COUNTY,
PENNSYLVANIA

Stanley J. Caterbone
_______________________________,
PLAINTIFF

vs.
_______________________________,
DEFENDANT

:
:
:
:
:
:
:
:
:

CIVIL ACTION-LAW

15-06985
Case No. _______________

PETITION TO PROCEED IN FORMA PAUPERIS & AFFIDAVIT


1.

I am the petitioner in the above matter and because of my financial condition am unable Wo 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 theFosts of
litigation.

3.

I represent that the information below relating to my ability to pay the fees and costs isWrue
and correct:
Stanley J. Caterbone
a.) My Name is: _____________________________________________

1250 Fremont Street


My Address is: ____________________________________________
Lancaster, PA 17603
________________________________________________

b.) Employment:
If you are presently employed, state your:
Employer: ________________________________________________

Employers 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: ______________________________________
1.333.00/Past 12 months
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:

1,500.00
Cash: ________________________________________________
Checking Account: ______________________________________

51,000.00
Savings Account: _______________________________________
Certificates of deposit: ___________________________________
1/4 of 80,000
Real estate (including home): ______________________________

Honda CRV
2007
Motor Vehicle: Make__________________,
Year____________,
13,750.00
14,000.00 Amount Owed: ____________
Cost: ___________
Unmarketable Securities, Pending Litigation See Attached
Stocks and bonds: __________________________________________

Other: ________________________________________________
______________________________________________________
f.) Debts and obligations:
Mortgage: _____________________________________________
Rent: _________________________________________________
Loans: ________________________________________________
Other: ________________________________________________
See Attached
______________________________________________________
(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 3a.C.S. 4904, Uelating
to unsworn falsification to authorities.

09/15/2015
Date: _________________________

____________________________________
PETITIONER

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Desc Main

Advanced Media Group 2007


Balance Sheet
May 31,2007
ASSETS
Current Assets
Petty Cash
Sovereign Checking Account
Ameritrade Account CATER72695
Real Estate Set Aside Escrow
Other Receivables
Yolanda Caterbone Judgment
Drew Anthon CI-05-03644
Fed Civil Action 05-cv-2288

<395.00>
346.00
562.84
17,306.80
37,698.93
4,500.00
10.000.00
1,000,000.00
1,070,019.57

Total Current Assets


Property- and Equipment
220 Furniture and Fixtures
AMG Equipment
Automobiles - 1991 Dodge Truck

10,000.00
10,000.00
2,700,00
22,700.00

Total Property and Equipment


Other Assets

0.00

Total Other Assets

1,092,719.57

Total Assets

LIABILITIES AND CAPITAL


Current Liabilities
Accounts Payable
CitiBank Credit Card
Bank of America Credit Card
PayPal Credit Account
Discover Credit Card
Chase Credit Card
AAA Financial 4264 2962 8400 1
AAA Financial 5490 9963 0900 0
Salute Visa

32,271.67
12,112.00
8,167,00
1,066.00
2,049.00
238.00
16,240.00
278.00
<20.00>
72,401.67

Total Current Liabilities


Long-Term Liabilities
Yolanda Caterbone Note

37,000.00

37,000.00

Total Long-Term Liabilities

109,401.67

Total Liabilities
Capital
Beginning Balance EquityRetained Earnings
Net Income

1,062,441,84
<32,271.67>
<46,852.27>
983317.90

Total Capital
Total Liabilities & Capital

1,092,719.57

Unaudited - For Management Purposes Only


ADVANCED MEDIA GROUP 05-23059

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Advanced Media Group 2007


Income Statement
For the Five Months Ending May 31,2007
Year to Date

Current Month
Revenues
AMG Consulting Income
AMG Auctions eBay Income
Interest Income
Other Income
Finance Charge Income
Shipping Charges Reimbursed
Fee Refunds
Fee Discounts

0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00

Total Revenues

0.00

0.00

0.00

0.00

Cost of Sales
Ebay Cost of Sales
Cost of Sales- AMG-Intel-CC

0.00
0.00

0.00
0.00

0.00
0.00

0.00
0.00

Total Cost of Sales

0.00

0.00

0.00

0.00

Gross Profit

0.00

0.00

0.00

0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
300.00
0.00
0.00
0.00
0.00
0.00
0.00
46,427.27
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
25.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
300.00
0.00
0.00
0,00
0.00
0.00
0.00
46,427.27
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
25.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

Expenses
Advertising Expense
Amortization Expense
AMG Auto Expenses
Honda Civic Lease
Donegal Mutual Auto Insurance
Donegal Mutual Property Ins
Bad Debt Expense
Bank Charges
Cash Over and Short
Charitable Contributions Exp
eBay Auctions Fees Exp
Depreciation Expense
Dues and Subscriptions Exp
Employee Benefit Programs Exp
Freight Expense
Gifts Expense
Income Tax Expense
Property Insurance Expense
Interest Expense
Food & Cigarettes
Drew Anthon Medical Expenses
Laundry and Cleaning Exp
Comcast Cable
Vonage Phone Service
Cingular Cellular Phone
Sprint Cellular Service
Legal and Professional Expense
Verizon Phone Service
PP&L Electric
Capital Blue Cross
Yarnell Security Systems
Licenses Expense
Loss on NSF Checks
Maintenance Expense
Meals and Entertainment Exp
AMG Office Expense

For Management Purposes Only


ADVANCED MEDIA GROUP 05-23059

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Advanced Media Group 2007


Income Statement
For the Five Months Ending May 31,2007
AMG Equipment Expense
AMG Operating Expenses
AMG Federal Civil Suit Expense
Other Taxes
Payroll Tax Expense
Penalties and Fines Exp
Pension/Proiit-Sharing Plan Ex
Postage & Shipping Expense
Rent or Lease Expense
220 Stone Hill Repairs Expense
1250 Renovations Expense
Salaries Expense
Supplies Expense
Telephone Expense
Cellular Phone Expense
Travel Expense
Utilities Expense
Wages Expense
Other Expense
Purchase Disc- Expense Items
Gain/Loss on Sale of Assets
Total Expenses
Net Income

Current Month
0,00
0.00
0.00
0.00
0.00
0.00
0.00
100.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

Year to Date
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00

0.00
100.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

46,852.27

0.00

46,852.27

0.00

<46,852.27>

0.00

<46,852,27>

0.00

For Management Purposes Only


ADVANCED MEDIA GROUP 05-23059

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Aged Receivables Page 1 of 34

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Page:!

5/15/07 at 08:21:26.97

Advanced Media Group 2007


Aged Receivables
As of May 31,2007
Fitter Criteria includes: Report order it by ID. Report it printed in Detail Format

CnrtomerlD
Customer
Contact
Telephone 1
0001
S.N. Lombardo Duvelopmimt
Ralph Mazzooehi
717-394-3422

Invoke No

0-30

31-60

7001

0001
S.N. Lombardo Development

0002
Yolanda Catcibone

7002

oooz

YolandaCatirbone

0003
High InduBtrict)
S. Dale High

7003

0003
High Industries

0004
FultM) Bank/Lane Co Sheriff
Ttart* Bergman

7004

OU04
Fulton Bank/Lane Co Sheriff

0005
Drew Anthon - Eden Resort Inn
DrewAathon

7005

W05
Ilnsw Antbon - Eden Resort Inn

0006
Harieytville [nuraocc Company
Claim* Dcpurtment

0006
Harfoysvflle Insurance Compan

ADVANCED MEDIA GROUP 05-23059

7006
7007

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

****

1,545.00

15421.40

15,221.40

15J21.40

15,221.40

67,147.45

67,147,45

67,147.45

67,147.45

24,118.00

24,118.00

24,11*00

14,11,00

7,898.19
6,878.25

7,898,19
6,878.25

14.77IL44

14,776,44

Pag* 4 of 37

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Page: 2
Advanced Media Group 2007

Aged Receivables
As of May 31, 2007
Filler Criteria includes: Report order it by ID. Report is printed in Detail Format
Invoice No

9 30

31 -W

106,041.89

16.766.40

61-99

Over 90 day*

Amount Due

Customer
Contact
Telephone 1
Report Total

ADVANCED MEDIA GROUP 05-23059

Page 5 Of 37

1,871.00

114*79.29

05.17.2007

Case 05-23059-ref
Advanced Media Group
1250 Fremont Street
Lancaster, PA 17603
USA
Voice:
Fax:

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Aged Receivables Page 3 of 34

Desc
Invoice

Invoice Number
7001

Invoice Date:
Mar 12, 2007

Page:
i

717-799-5915
717-427-1621

Duplicate

Sold To:

Ship To

S.W. Lombardo Development


c/o Ralph Mazzochi
33 Rider Avenue
Lancaster, PA 17603

Customer ID

Customer PO

Payment Terms
C.O.D.

0001

Sales Rep

Ship Date

Shipping Method

Due Date
3/12/07

USPS Priorty

Quantity

Description

Item

30.00 Hours

Unit Price

Management Consulting Hours


for Restuarant Development
Summary for James Street
District Zoning Meeting on
March 13, 2007
Credit for fees paid in
advanced including $100.00 in
cash on March 9, 2007 and
$49.00 in equipment with the
purchase of a thumb drive on
March 10,2007
Fee includes all proofing and
edits that were omitted from
final print on March 12 2007
at Office Max. The file
Charollote street Proposal
March. .amended.pdf
that was given to Ralph
Mazzocchi on March 11, 2007
for final print was not the
file that the final print was
taken from.

Check No:

ADVANCED MEDIA GROUP 05-23059

75.00

Extension
2,250.00

-149.00

Subtotal
Sales Tax
Total Invoice Amount
Payment Received

Continued
Continued
Continued
Continued

TOTAL

Continued

05.17.2007

Case 05-23059-ref

Advanced Media Group


1250 Fremont Street
-Lancaster, PA 17603
USA

Voice:

717-799-5915

Fax:

717-427-1621

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Aged Receivables Page 4 of 34

Desc
Invoice

invoice Number
7001

Invoice Date:
Mar 12, 2007

Page:
Duplicate

Sold To:

Ship To

S.H. Lombardo Development


c/o Ralph Mazzochi
33 Rider Avenue
Lancaster, PA 17603

Customer ID

Payment Terms

Customer PO

C.O.D.

0001

Sales Rep

Ship Date

Shipping Method
US PS Priorty

Quantity

Item

3/12/07

Description

Unit Price

March 24, 2007 Raplph Mazzochi


Payment from copy Max, did not
return proposals - Total Paid
To Date $379.00.00

TOTAL

ADVANCED MEDIA GROUP 05-23059

Pagft7i>f37

Extension
-230.00

Subtotal
Sales Tax
Total Invoice Amount
Payment Received

Check No:

Due Date

1,871.00
1,871.00

0.00
$1,871.00

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Aged Receivables Page 5 of 34
Invoice
Invoice Number
Advanced Media Group 2007
1250 Fremont Street
7002
Lancaster, PA 17603
Invoice Date:
USA
Apr 9, 2007

Voice:
Fax:

amgroupO l@msn. com


717-427-1621

Page:
1

Duplicate
Sold To:
Yolanda Caterbone
7960 N.W.
201 Terrace
Hialeah, FL 33015

Customer ID

Payment Terms
C.O.D.

Customer PO

0002
Sales Rep ID

Quantity

Ship to:

Item

Shipping Method
USPS Priorty
Description
May to October 2005 1250
Fremont Street Grass
Cuttins 4 Per Month At
$15.00 Per Cutting
May to October 2006 1250
Fremont Street Grass

Ship Date

Unit Price

Due Date
4/9/07

Extension
300.00

300.00

Cuttins 4 Per Month At

$15.00 Per Cutting


December to March 2005
1250 Fremont Street Snow
Removal 4 Times At $20. 00
December to March 2006
1250 Fremont Street Snow
Removal 4 Times At $20. 00
December to March 2007
1250 Fremont Street Snow
Removal 4 Times At $20. 00
March 2007 Seal Hardwood
Floors
March 2007 Spray Paint
Oven Hood
April 2007 Trim Shrubs

80.00
80.00
80.00
75.00

15.00
65.00

Subtotal
Sales Tax
Total Invoice Amount
Payment Received

Check No:

TOTAL

ADVANCED MEDIA GROUP 05-23059

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Continued
Continued
Continued
Continued
Continued

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Aged Receivables Page 6 of 34

Invoice Date:
Apr 9, 2007
Page:
2

Duplicate

Customer ID
0002
Sales Rep ID
Quantity

Ship to:

Payment Terms
C.O.D.
Due Date
Ship Date
4/9/07
Extension
Unit Price

Customer PO

Item

Shipping Method
USPS Priorty
Description
Front and Back
Fall 2005 1250 Fremont
Street Cleanup Leaves
Fall 2006 1250 Fremont
Street Cleanup Leaves
March 2007 1250 Fremont
Street Install Stairway

150.00
150.00
75.00

Oriental Rug Runner on


Steps
March 2007 Oriental Rug

50.00

Stair Runner
Springl 2006 Trim Lilac
Disposal

Check No:

125.00

Subtotal
Sales Tax
Total Invoice Amount
Payment Received
TOTAL

ADVANCED MEDIA GROUP 05-23059

Invoice

Invoice Number
7002

Advanced Media Group 2007


1250 Fremont Street
Lancaster, PA 17603
USA
Voice:
amgroupO l@msn. com
Fax:
717-427-1621

Sold To:
Yolanda Caterbone
7960 N.W.
201 Terrace
Hialeah, FL 33015

Desc

1,545.00
1,545.00
0.00
1,545.00

05.17.2007

Case 05-23059-ref
Advanced Media Group
1250 Fremont Street
* Lancaster, PA 17603
USA
Voice:
Fax:

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Desc
Aged Receivables Page 7 of 34
Invoice Number
Invoice Date:
Apr 27, 2007
Page:

amgroupOl@msn.com
717-427-1621
Ship To

Sold To:
High Industries
1833 William Penn Way
Greenfiled Industrial Park
Lancaster, PA 17601

Customer ID

Customer PO

Payment Terms

0003

C.O.D.

Sales Rep

Shipping Method

Ship Date

USPS Priorty

Quantity

7003

Item

4/27/07

Description

Unit Price

1991 Past Due Invoice for


CD-ROM mastering and
replication from NIST,
Commodore (Titus), AMP, etc.,
Accumulated Interest to Date
at 10% per Annum Compounded
Annually.

10,021.40

TOTAL

ADVANCED MEDIA GROUP 05-23059

Ps010of37

Extension
5,200.00

Subtotal
Sales Tax
Total Invoice Amount
Payment Received

Check No:

Due Date

15,221.40
15,221.40
0.00

$15,221.40

05.17.2007

Case 05-23059-ref

Doc
119-1 Filed 05/18/07 Entered 05/18/07
13:12:17 Desc
r t r t f w ' '
S**w 3109 Fwteml rate Claim Act
Aged
Receivables
Page
8
of
34
Compact Disc Manuf.-iciinm s.

US District Court For The Eastern D

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 February
1, 1991, at which time both parties may rvegiat 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 new
agreement is implemented. Each party can withdraw from this agreement by submitting a 30 day
notice in writing, to die other party,

Any contracts awarded from prospects and marketing efforts up to February 1, 1991, or until a new
contract is negotiated, will be administered under thfe agreement. All contracts must have prior
approval 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 and
revenues entitled herein for contracts currently under development, and agrees to complete all
necessary 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 be
negotiated on a case by ease ha*is. American Ht-3*x will be guaranteed a minimum prl-e
of $ .85 on all projects. Any mattering cosl.s above a wash to American Helix, wUJ be
recovered against repUeaUoix
Mastering - American Helix will receive 15% of the net margin of (he premastering ami
data prcparatkui services performed by Stan J. Otcrhone, American Helix Is guaranteed
at least a net wash of aft mastering casts.
will be paid upon invoicing of projects. Any past due accounts over 90
a reversal of commissions agaihst current and. future commission*
be reinstated upon payment

ing
President, Amerlcari Helix
Date:

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

Property of Advance Media Group

ADVANCED MEDIA GROUP 05-23059

Pap 2699 of 3933

Page 11 of 37

1010/2006

05,17.2007

05-23059-ref
Doc 119-1 Filed 05/18/07
US Case
District Court
For The Eaatgmfefiaj^|5ffiTt(A|!CfMaiijimi!,
Aged Receivables

Entered 05/18/07
Desc
Section13:12:17
3189 Federal Fate*
-SMirfiJ5wi'
Page 9 of 34

Compact Disc Manufacturers.

May 21, 1990

Stan J. Caterbone
ADVANCED KEDIA GROUP, LTD.
Lancaster, PA 17601
Dear Stan:
As per our recent discussions concerning
our CD-ROM division, it is my intention to
allow the ADVANCED MEDIA GROUP, LTD. to
continue
servicing
these
clients
and
prospects.
There may be finder fees
associated with any or all of these business
activities
payable
to
American
Helix
Technology Corporation,
The Advanced Media Group, LTD., will also
have the opportunity to communicate to these
clients and prospects that The Advanced Media
croup, LTD., will continue the current CD-ROM
business activities.

C' Respectfully,
--

fr Derltig
President

Property of Advance Media Group"

ADVANCED MEDIA GROUP 05-23059

""

Pag* 2667 of 2953

Page 12 of 37

05.17.2007

Case 05-23059-ref
Advanced Media Group
1250 Fremont Street
Lancaster, PA 17603
USA

Voice:

717-799-5915

Fax:

717-427-1621

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17 Desc


Invoice
Aged Receivables Page 10 of 34
Invoice Number
7004

Invoice Date:
May 13, 2007

Page:
i
Duplicate

Sold To:

Ship To

Fulton Bank/Lane Co Sheriff


On Penn Square
Lancaster, PA 17602

Lancaster County Sheriff Dept.


Lancaster County Courthouse
50 North Duke Street
Lancaster, PA 17602

Customer ID

Payment Terms

Customer PO

C.O.D.

0004

Sales Rep

Ship Date

Shipping Method
USPS Priorty

Quantity

Item

Due Date
5/13/07

Unit Price

Description
220 Stone Hill Road Property Fair Market Value Less Sales
Proceeds
Average Fair Market Value per
Fulton Bank Form 1099-A;
Parula Property Realty

Extension

217,454.25

Transfer Tax Statement of


Value; Real Estate Appraisals
December 20, 2006 Sheriff Sale
Auction Price
February 1, 2007 Disbursement
Check To Stan <J. Caterbone
Barley Snyder Lecal Fees &
Costs
Sheriff Dept Fees

-156,000.00
17,306.00
-9,612.80
-2,000.00

Subtotal
Sales Tax
Total Invoice Amount
Payment Received

Check No:

TOTAL

ADVANCED MEDIA GROUP 05-23059

Page 13 of 37

67,147.45
67,147.45

0.00
$67,147.45

05.17.2007

Case 05-23059-ref

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17


Aged Receivables Page 11 of 34

Desc

220 Stone Hill Road Documented


Fair Market Values In Year 2006

Average From 4 Fair Market Values = $217,454.25


1.

220 Stone Hill Rd, Cooestoga, PA 17516


ZESTIMATE: $213,999
Value Range: $194,739 - $301,739
0212412006

1.

220 Stone Hill Rd, Conestoga, PA 17516


/ESHMATE1": $2207oOo
09/21/2006
w . if^-ftsK1 fjK . /ji

aS "B^i1 iff1 "s*

ftd

ff?0-' ^^

***& '3Tfy<

^^Sr ^**

jfi^1'1

2.

FULTON BANK FORM 1099-A


Fair Market Value of Property (Box 4): $250,000
Tax Year 2006

3.

REALTY TRANSFER TAX


STATEMENT OF VALUE
Box 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 Lancaster


County 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

Case 05-23059-ref

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17


Aged Receivables Page 12 of 34

Desc

Schedule of Distribution
Writ of Execution
Ei:#CI-06-02271

December 20,2006 Sale Property #56


Fulton Bank

220 STGNS HILL ED*


CONSSTOGA, PA
CONESCOGA

Proceeds f isa}e,,.,J1Sl 56.WMMM1


Deduct Cost.,.
,.5,021,57
.Distribution a s follows:....

...... . . . . ,

. ........... .... .....

. .........

-.Delinquent Taxes ..,-...,..-.;.:.',-^.f.:.:.-.^-:'.:i.,.',..,-,, ;.;;....'...,'.;..;,..,..',....,..^,'^..-,'...-,.. None ;


2006 County, Municipal & School Taxes ,
,
...Paid
Water/Sewer - ort site, fiot public.,,,,,.,.,...
,. ..,..,,.,
..,,.,.....
.,.,..,,,,.,.,,.N/A
Really Trans.ferTa.ves.-Recorder of Deeds......
,
-..
,.3.699.04
Mfg. layoff tn Barley Snydcr for Fulton Bank...,.,.,....,

Balance of Proceeds - Stanley J. Caterbone..-..,,.,,.

,J 29,972.59

.... ..,

>

! 7,306, SO

S.nyder'
M, JLoiug, Esquire
126 Fast Ring Sweet
Lancaster. PaJ 7602-2893

Sheriff of Laacaitijf

s^^sa^

68215

ADVANCED MEDIA; tSRCXJP 05-23059

Case 05-23059-ref

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17 Desc


h%://www.zillow.coiii/Charts.z?chaiDnrati(>n=lyear&zpid=%92127
Aged Receivables Page
13 of 34

Zillow.com - Data & Graphs - Real Estate Value, Local Real Estate Trends

Cooestoga^ PA. 17516


Value Range: $194,739 - $301,739
Market Value Change Show; A Dollar | % Percentage
Time frame: tjrrj Sjnrj ,.lpjfir |,
'' -^""/'^"i "'

1230k
' J22MC
KJIOk;
.'$20*,.';.W9(-.--WO*:':

VlTOk
$150k

Compare:
This home

17516
Conestoga
Lancaster
PA
USA
Show sales
Zestimate Rankings

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

Zfndex (Median Zesti mate)

64% of homes in 17516 ZIP code

$186,718
$186,674

63% of homes in Conestoga

$169,051
$186,373
$261,421

72% of homes in Lancaster County


65% of homes in PA state
40% of homes in United States

I of 2
ADVANCED MEDIA GROUP 05-23059

Pago 16 of 37

2/24/2006 4:12 PM
05.17,2007

Case 05-23059-ref

Doc 119-1

Filed 05/18/07 Entered 05/18/07 13:12:17


hUp:/AvwwjdUow.coiii/Charts.z?cb^^
Page 14 of 34

ZUlow.com - Data & Graphs - Real Estate Value,Aged


Local Real
Estate Trends
Receivables

Desc

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


Past:

This home

17516

30 days

0,7%

0,9%

lyear

17%

15%

5 years

63%

57%

10 years

Lancaster

US

0,7%

PA
-13%

15%

12%

4,4%

21%

58%

52%
__

77%

90%

1:1:1%

104%

Conestoya
1.3%

0.6%

Last sale ()

Tax Information

2005
Property tax:
Assessed value bldgs:

$96,400

Assessed value land:

$55,200

Total assessed value:

$151,600

Sale History
No sale history is available for this home
2006 Zillow.com, All Rights Reserved

2 of 2
ADVANCED MEDIA GROUP 05-23059

2/M/20064:12PM
05.17.2007

http:/Avww.ziDow.com/HomeI5etails.htin?city:=CoDestoga&state=PA&z..

Zillow - 220 Stone Hill Rd> Conestoga, PA 17516

Case 05-23059-ref

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17


Aged Receivables Page 15 of 34

Welcome amgroupOl! (Not amgroupOl? Sign out.)

I, Conestoga, PA 17516

y|ewjarfle map
Hap .comparable .homes

Home Facts

Public F:ac5:sOwner's l';ao:;'j;

Iof4

ADVANCED MEDIA GROUP 05-23059

Pa0e 18 of 37

Desc

/illow - 220 Stone HUl Rd> Conestoga, PA 17516

Case 05-23059-ref

http://www.zinow.c<n/Homd>5tafls.htm?city^onestoga&state=PA&z..

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17


Aged Receivables Page 16 of 34

Desc

Home Facts
Owner Facts

Residence:

Single family

Bedrooms:

Bathrooms:

2.0

Sqtt:

1,060

Lot size:

82,764 sq ft / 1.90 acres

Year built:

1995

Year updated:

Total rooms:

1
6

Basement:

Finished

Roof type:

Asphalt

# Stories:

Primary exterior material:


View:
Primary parking type:

Garage - Attached

Covered parking spaces:


Primary heating source:
Primary heating system:

Heat pump

Primary cooling system:

Central

Architectural style:
Yes

Fireplace:
Swimming pool:
Waterfront:

Lancaster

County:

Parcel #: 1203252300000
Zlllow Home ID:

9692127

Legal description:

Learn More
Learn More
"^ *--<> 'it
SJ&S.3SilS'^C.iT
Z i^,F-:*'Myw

'" "'* 'Z1> #'%


-I**'..>t,y.j?Ji

Show fewer home facts

2 Of 4

ADVANCED MEDIA GROUP 05-23059

Page 19 of 37

9/ff/20oiifl:58AM

Case 05-23059-ref Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17 Desc
Page 1 of2
Zillow.com - Real Estate SearchAged
Results
Receivables Page 17 of 34

Z!llow*m

fiete

PA_17516

Showing 10 comparable recent sales for 220 Stone. .

State
USA

2006 NAVTEQ j 2006 GlgbeXgloiw ard Suppliers j 2006 Proxix


Home
Comparable Sold
Date Sold BI BA Home tot
(St|ft) (sqft)
recent sales Price

Lot
$/sq
ft
$3

Year Dist
Built (mi)

1,060

ft
82,764 $196

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

1,096

82,764 $190

$3

1998 0.08

Hi. 220 Stone

1995 --

Hill Rd

2; SlLSfcone Hill

$260,000 01/24/2006 3

1.5 1,304

82,764 $199

$3

1997 0.43

~T 101 W Ejrn.St

$210,000 06/01/2006 3

1.5 1,516

19,602 $139

$11

1974 0.48

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

1.5 1,028

16,552 $159

$10

1985

16,552 $163

$10

1984 0.33

0.41

!& 5 Orchard Ln

$162,500 07/06/2005 3

1.5 994

^;, 3*55.MainJSt

$182,900 10/04/2005 4

1,456

16,988 $126

$11

1930 0.35

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

1,272

30,927 $138

$6

1963 0.67

:.r 2834 Main St

$129,000 11/30/2005 3

1,105

21,780 $117

$6

1942 0.56

$143,000 07/22/2005 3

1,344

17,424 $106

$8

1946 0.65

2'Q.Myer
CQrner.Rd

$159,900 10/12/2005 4

1,841

8,276

$19

1890 0,45

Averages

$179,330 -

1.5 1,296

1ST 24..E.E]m.St
:tb

$87

31,363 $142

$9

Choose your co mps. with My Zestimator.!"

http://www.zillow.coni/search/Search.htm7expan =false&mode=comps&zpid=9692127
ADVANCED MEpJA GROUP 05-23059

Pa

,20 of 37

7/10/2006
05.17.2007

Case 05-23059-ref

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17


Aged Receivables Page 18 of 34

Prepared by: Lancaster County Sheriffs Office


Return To: Lancaster County Sheriff (Office
Parcel ID # 120-32523-0-0000
Township/Borough: Conestoga Township

TbU

02it1/2M7
(:MWI

Stt iTT; 1.MS.B2


LoMl UTT: I.MS.62
tl
LiranUr County.

Desc

0 Id; UN7M
RlDt ; 6M1BS
BM FH: M.M
of OMd oifio.

lUUlill5592704

f*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 hereby
grant and convey to Parula Properties LLC, Grantee.
ALL That certain tract of land along Stone Hill Road situate in Concstoga Township, Lancaster
County, Pennsylvania, and being more particularly shown on a survey prepared for Anna L.Mylin
by Charles L. Roach,? .L.S.,on September 30,1994, and all the same being more fully bounded and
described as follows:
BEGINNING at a railroad spike set by others near the center of the westbound lane of Stone Hill
Road; 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) feet
to a nail set by others near the centerline of said Stone Hill Road; thence extending along land now
or late of Floyd E. and Justine L, Duke and crossing over an icon pin set twenty-three and sixty
hundredth* (23.6X)) feet from the last described point, South eight (8) degrees forty-four (44) minutes
twelve (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 or
lateofsame, 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; thence
extending along land now or late of Charles . and Theda M. Rineer, North five (5) degrees
seventeen (17) minutes thirty (30) seconds West, a distance one hundred seventy (170.00) feet to a
point; 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 next
described point to a railroad spike set by others, the place of BEGINNING.
Tcny A. Bergman
Sheriff of t^ncaaer County

ADVANCED MEDIA GROUP 05-23059

Page 21 of 3?

05.17.2007

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Aged Receivables Page 19 of 34

Desc

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 recorded
January 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 and
assigns, 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. Bergman
Sheriff of UncMter County

ADVANCED MEDIA GROUP 05-230&

Page 2 of 3

Page 22 of 37

05.17.2007

Case 05-23059-ref

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17


Aged Receivables Page 20 of 34

Desc

Thesanie having been sold to me on the 20th day ofDecetnber 2006, after due dvettit in accordling to law, by virtue
of a writ of execution issued on the 31st day of July 2006, out of the Cow of Common Pleas of Lancaster Coumy, as
of 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 and
six.
jvd^Stffod foelivered in the preseaet of

Commonwealth of Pennsylvania, ss.:

\ ;"**...;-.x< .-

Before me, the undersigned, Randall O. Wcnger. Prothonotary of the Court of Common'pWai'of'Lancaster
County, personally appealed Terry A, Bergman, Sheriff of Lancaster County, and that he acknowledged die same In
order that said deed might be recorded.
i my hand and the seal of the said court this

I hereby certify that the precise residence


of the grantee is: 100 South 7th Street
Akron, PA 17501

FORTHEORAmEE

Terry A. Bergman
Sheriff of Lancaster County

ADVANCED MEDIA GROUP 05-23059

Page 3 of 3

Page 23 of 37

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Aged Receivables Page 21 of 34

COMM0NMWM.TM OF PBNMYUMMA
BIMBAU Of MDMOUAL
otrtnom
HAHRMeUHO. M 1T12MB03

REALTY TRANSFER TAX


STATEMENT OF VALUE

Desc

RECORDER'S UK ONLY
BMkNuMwr
PagcNumbw

Sm Ravers* for Instructions


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

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


Nanw

~
Mtptnra Number.

Sbdby Shepro

St**Md.

) 717-859-3311il4

180Soutn7|nStmt

^ Alow
Date of Acceptance of Document

B. TRANSFER DAW

SMt

PA

apcod*
17501
1-5-07

3nMM(t)IUM()

Sheriff of Laweaster County

PanOa Properties LLC.

SMMMdl***

39 N.Dvke Street
rav
Lancaster

100 Seuth 7th Street

fit**
PA

aw*
PA

Akron

17602

Zip Cod*

17501

C PROPERTY LOCATION
SVMtAddniM

220 Stone Hill ftemd


County

Lancaster

D. VALUATION DATA
1. AOual CHh CoraManllon
156,000
4.coumyA*M*MdVWiM
151,600.00

Conettoiia Tawnship
sthootDMtci
Peon Manor

I^SSSBUooo

+0

> 156,000

S. ConvMn UM iMo Factor


X U2

= 184,952.00

E. EXEMPTION DATA

U. Amount of BwmplkMi CWnwd


0

ib. PWMntog* of MMMI CanMjnd


100

2% FMV$3.699.04

2. Cheek Appropriate Box Below for Exemption Claimed


D Wi or Intestate succession
D Traneferta mdtwtital Development Agency.
O Trarwfw to trust (AttA complete oo
D 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 wsonylna InHotmatlon. mtf the beet
of mytaiMBiedB*and heUef. K) true, eomct end camptote.

r:

I'3'CT)

FAILURE TO COftrt-ETE THIS FOlAl PROPERLY OR ATTACH APPUCABLE DOCUMENTATION MAY RESULT IN
THE RECORDER'S REFUSAL TO RECORD THE DEED.

ADVANCED MEDIA GROUP 05-23059

05.17.2007

Case 05-23059-ref

RiltonBank

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17


Aged Receivables Page 22 of 34
V^^M^BV^mPW

Desc1057

LISTENING.

FEBEML ID DUMBER: 23-1928421


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

StAlO? 3 CATBXBOHT5
220' STOKE HILL W,.
t
COSEStOGA FA 17316-9543

FAIR HARKfiT V'ALTll OF PKOFEKTT (BOS *>:

ADVANCED MEDIA GROUP 05-23059

Pag25of37

TOUR TAXPAYER
$Ai'/WIII :
200-46-0939
TAX YEAR 20(36

250000,00 .;...

05.17.2007

Invoice
Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17 Desc
Aged Receivables Page 23 of 34
Invoice Number:

Case 05-23059-ref
Advanced Media Group 2007
1250 Fremont Street
Lancaster, PA 17603
USA

7005

Invoice Date:
May 13, 2007

Voice:
Fax:

amgr oup 0 lmsn. com


717-427-1621

Page:
Duplicate

Sold To:
Drew Anthon - Eden Resort Inn
222 Eden Road
Lancaster, PA 17601

Customer ID

Ship to:

Payment Terms

Customer PO

0005

C.O.D.

Sales Rep ID

Shipping Method

Ship Date

USPS Priorty

Quantity

Item

Unit Price

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

TOTAL

Pag* 26 of 37

Extension
24,118.00

Subtotal
Sales Tax
Total Invoice Amount
Payment Received

Check No:

ADVANCED MEDIA GROUP 05-23059

Due Date
5/13/07

24,118.00
24,118.00
0.00

24,118.00

05.17.2007

Case 05-23059-ref

Doc 119-1 Filed 05/18/07 Entered 05/18/07 13:12:17 Desc


AgedPLEAS
Receivables
PageCOUNTY,
24 of 34 PENNSYLVANIA
IN THE COURT OF COMMON
LANCASTER
CIVIL DIVISION

PROJECT HOPE
ADVANCED MEDIA GROUP
220 Stone Hill Road
Conestoga,PA 17516
Plaintiff

Case No. CI-05-03644

DREW ANTHON,
(MA)EDEN RESORT INN
222 Eden Road
Lancaster, PA 17601
Defendant
NOTICE
ITEMS FOR CLAIM

Plaintiff files the following ITEMS FOR CLAIM.


1.

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

2.

Medical Expenses from Lower Back Pain Due To Stress Excelsior Place Business Plan Fees UPS Store Lost Opportunity -

$5,184.00
$7,000.00
$10,000.00

SUB TOTAL

$22,118.00

ATTORNEY FEES AND ADMINISTRATION TOTAL-

2,000.00
$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.CATERBONE
PROJECT HOPE
ADVANCED 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 the
Defendant is: 222 Eden Road, Lancaster, PA 17601
ADVANCED MEDIA GROUP 05-23059

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Aged
Receivables
PageCOUNTY,
25 of 34 PENNSYLVANIA
IN THE COURT OF COMMON
PLEAS
LANCASTER
CIVIL DIVISION

Desc

PROJECT HOPE
ADVANCED MEDIA GROUP
Plaintiff

Case No. CI-05-03644

DREW ANTHON,
(MA)EDEN RESORT INN
Defendant
NOTICE OF JUDGMENT OR ORDER
TO:

( ) Plaintiff
(XX) Defendant
( )Gamishee
You are hereby notified that the following
Order or Judgment was entered against you
On January 20,2006
(XX) Assumpsit Judgment in the amount
of $11,000 plus costs.
( )

Trespass Judgment in the amount


of $_
plus costs.

( )
If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration
will be suspended by the Department of Transportation, Bureau
of Traffic Safety, Harrisburg, PA
(XX) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Prothonotaiy
By:
PROTHONOTARY (OR DEPUTY)
DREW ANTHON,
(MA)EDEN RESORT INN
222 Eden Road, Lancaster, PA 17601
Plaintiff's address is:
Stan J. Caterbone, 220 Stone Hill Road, Conestoga, PA 17516 717-799-5915
ADVANCED MEDIA GROUP 05-23058

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IN THE COURT OF COMMON PLEAS LANCASTER COUNTY, PENNSYLVANIA
CIVIL DIVISION

PROJECT HOPE
ADVANCED MEDIA GROUP

CaseNo.CI-05-03644

Plaintiff
DREW ANTHON,
(MA)EDEN RESORT INN

Defendant
IMPORTANT NOTICE
TO:

DREW ANTHON,
(MA)EDEN RESORT INN

222 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 OFFICE
50 NORTH DUKE STREET
P.O. BOX 3480
LANCASTER, PA 17602
(717)299-8041
BY:
STAN J. CATERBONE
PROJECT HOPE/ADVANCED MEDIA GROUP
220 Stone Hill Road
Conestoga,PA 17516
717-799-5915

ADVANCED MEDIA GROUP 05-23059

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make the following civil complaint against the defendant, Drew Anthon and Eden Resort Inn and Conference
Center:
Plaintiff alleges Drew Anthon and the Eden Resort Inn and Conference Center has colluded to sabotage the
Downtown Lancaster Convention Center project by organizing a formal request and soliciting support to
certain Lancaster County Hoteliers to voluntarily withhold the payment of the Lancaster County Hotel Room
Tax, thereby" placing the financial interests of the Business Plan for the Excelsior Property of East King Street
and the Rights to develop a UPS Store in or around the Downtown Lancaster Convention Center at extreme
risk.
Plaintiff will argue that such financial risk is causing mental stress and duress, that otherwise would not be
present, had the defendant not engaged the above-mentioned activities.
Plaintiff seeks the Commonwealth of Pennsylvania to place a sees and desist order against the defendants
actions to withhold the Hotel tax until the defendants can prove to the Commonwealth the said actions are in the
best interests of the Plaintiffs interests and those of all major stakeholders of the proposed Downtown Lancaster
Convention 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 Lancaster
Convention 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

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Desc

Businessman, irked bv hotelier action, files suit


By Justin Quinn
Intelligencer Journal
Published: May 06, 2005 9:47 AM EST

LANCASTER COUNTY, PA - A local businessman filed a $100,000 lawsuit last


month against Drew Anthon, owner of Eden Resort Inn and Conference Center, claiming
Anthon "colluded to sabotage" the proposed Lancaster County Convention Center by
announcing 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 room
tax.
The suit was filed April 26, the day the Intelligencer Journal reported Anthon and
several other hoteliers were threatening to withhold payment of the room tax, most of
which goes toward a hotel and convention center proposed for Penn Square. The next
room tax payment is due May 26.
Caterbone is founder of Advanced Media Group, 1857 Colonial Village Lane, an
information technologies company specializing in optical publishing. He claims in the
lawsuit that Anthon's actions place "at extreme risk" Caterbone's plans to develop a UPS
store and an office complex called "Excelsior Place" across from the proposed convention
center. "Plaintiff will argue that such financial risk is causing mental stress and duress that
otherwise would not be present, had the defendant not engaged (in) the above-mentioned
activities," Caterbone says in the suit.
The suit asks for a court order to force the hoteliers to pay the tax "until the
defendants can prove to the commonwealth the said actions are in the best interests of
the (plaintiff) and those of all major stakeholders of the proposed downtown Lancaster
convention center, including 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 Lancaster convention center will fail."
A person who answered the phone at the number listed in the lawsuit as
Caterbone's did not identity himself. "All the information is public," the man said when
asked about the suit. "You can go there."
As exhibits, the lawsuit includes Web pages from Caterbone's company and a bound
volume 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 not
been assigned to the case.

ADVANCED MEDIA GROUP 05-23059

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Case 05-23059-ref
Advanced Media Group
_1250 Fremont Street
Lancaster, PA 17603
USA
Voice:
Fax:

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Desc
Invoice Number
Aged Receivables Page 29 of 34
7006
Invoice Date:
May 13, 2007

717-799-5915
717-427-1621

Page:
Duplicate

Sold To:
Harleysville Insurance Company
308 Harper Drive
P.O. Box 1016
Moorestown, NJ 08057-0916

Customer ID

Ship to:

Customer PO

Payment Terms

0006

C.O.D.

Sales Rep ID

Shipping Method

Ship Date

USPS Priorty

Quantity

Item

Unit Price

Description

Subtotal
Sales Tax
Total Invoice Amount
Payment Received

Check No:

TOTAL

Pao*32of37

Extension
7,898.19

AMG Consulting Income


March 16, 2006 Claim Number 2F
MO-65B554-U XC Aainst
Homeowners Policy Number
HOA193468
April 12th, 2006 Claim Number
MO- 654 61 9 -U XC Against
Homeowners Policy Number
HOA193468

ADVANCED MEDIA GROUP 05-23059

Due Date
5/13/07

7,898.19
7,898.19
0.00

7,898.19

05.17.2007

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Invoice
Invoice Number
Advanced Media Group 2007
1250 Fremont Street
7007
Lancaster, PA 17603
Invoice Date:
USA
May 15, 2007
Voice:
amgroupO l@msn. com
Page:
Fax:
717-427-1621
1
Duplicate
Ship to:

Sold To:
Harleysville Insurance Company
308 Harper Drive
P.O. Box 1016
Moorestown, NJ 08057-0916
Customer ID
0006
Sales Rep ID
Quantity

Payment Terms
C.O.D.
Due Date
Ship Date
5/15/07
Extension
Unit Price

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Item

Shipping Method
USPS Priorty
Description
May 15, 2007 Claim Number
MO-702274 Does Mot Include
Tine Management Calenders
and Desktop Calenders

Subtotal
Sales Tax
Total Invoice Amount
Payment Received
TOTAL

Check No:

ADVANCED MEDIA GROUP 05-23058

Page 36 of 37

6,878.25

6,878.25
6,878.25
0.00

6,878.25

05.17.2007

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13 1
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003110488629
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

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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 Courtof 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

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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

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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 challengefi-omany 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

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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

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appeal must be takeni.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 claimprocessing 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). Kontrickdind, 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

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discharge in bankruptcy are non-jurisdictional "claimprocessing 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 statutorilyprescribed 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 separatefi-omTitle 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).
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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 congressionallyenacted statute. See Fed. R. Bankr. P. 8002, advisory
committee note (noting that "th[e] rule is an adaptation o f
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

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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,
lackingand 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

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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 appealfi-omthe 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.

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ATTEST:

/s/ Marcia M. Waldron,


Clerk
Dated: April 4, 2011

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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

215 597 2995

CLERK

21400 UNITED STATES COURTHOUSE


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 forfilinga petition for rehearing are set forth in Fed. R. App. P. 35 and 40, 3rd Cir.
LAR 35 and 40, and summarized below.

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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 daysfi-omthe 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

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