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CIVIL DIVISION
circumstances. Your most recent IFP was denied. The IFP granted in this case is from 2008.
If the Court and or the LANCASTER COUNTY PROTHONOTARY OFFICE would consider the
legal circumstances surrounding my Whistleblowing activities and the Federal False Claims Act
filing of the Petitioner as it relates to the past 28 years and the myriad of violations of the
Lancaster County District Attorney, the Petitioner will argue that it is wholly unfair and
unconstitutional not to grant the Petitioner In Forma Pauperis Status. The Petitioner has filed
ample evidence of a pattern and relentless cycle of earning and accumulating capital and assets,
as well building substantial worth through his business interests, only to have it all extorted
through an elaborate civil and criminal scheme to defruad. Therefore any attempt to subject
the Petitioner to more court related fees is only a continuation of that same said fraud.
Page 1 of 90
The above captioned case contains all the said evidence needed to support my
claims. If need be, there are several cases in the United States District Court for the
Eastern District of Pennsylvania, such as 05-2288 and 06-4650 that will suffice.
In
addition I am claiming that this rejection was also in retaliation for my recent appeal to
the U.S. Third Circuit Court of Appeals in regards to Lisa Lambert v. Superintendent
Framingham MCI, et al.
I am only several weeks away from a decision by a Panel of Third Circuit Judges
that may set Lisa Michelle Lambert FREE for the rest of her natural life!
In addition,
before the same said panel is an argument to grant me SUMMARY JUDGEMENT in all
federal and state court cases of which I am the PLAINTIFF seeking redress.
Consideration should be given to Pederson v. South Williamsport Area School District,
where the courts interpreted due process, as Essentially fundamental fairness is exactly what due
process means. Furthermore, the United States District Courts in Perry v. Coyler (1978, 524 F
2d. 644) have concluded the following:
defendant being deprived of his due process rights. The focus of these claims are recorded in
the United States District Court for the Eastern District of Pennsylvania, 05-2288 and 06-4650. In
addition the Petioner is the MOVANT in the Lisa Michelle Lambrerrt Case and recently filed a
Motion for Summary Judgment, 04-2559, which was recently appealed to the Third Circuit Court
of Appeals.
The preceding cases have been preserved by the Third Circuit Court of Appeals in
The prosecutorial misconduct the the Petitioner has been subject to has violated his
constitutional rights, but more importantly the abuse or process has prevented the Petitioner from
completing a wealth of claims in both state and federal Courts. 1983 Civil Rights Acts and 18
U.S.C.A. Acts state the following: The underlying purpose of the scheme of protecting
constitutional rights are to permit victims of constitutional violations to obtain redress, to provide
for federal prosecution of serious constitutional violations when state criminal proceedings are
ineffective for purpose of deterring violations and to strike a balance between protection of
individual rights from state infringement and protection from state and local government from
federal interference, 18 U.S.C.A. 241, 242; U.S.C.A. Const. Art. 2, 53; Amend. 13, 14, 5,
15, 2: 42 U.S.C.A. 1981-1982, 1985, 1988, Fed. Rules Civil Proc. Rule 28, U.S.C.A.
A case can be made for a RICO violation as defined in the case of United States v. Holck,
389 F. Supp. 2d. 338, criminal responsibility defines single or multiple conspiracies by the
following: Governments, without committing variance between single conspiracy charges in an
Page 2 of 90
indictment and its proof at trial may establish existence at continuing core conspiracy which
attracts different members at different times and which involves different subgroups committing
acts in furtherance of an overall plan. This illustrates the legal analysis of the 1987 conspiracy to
cover-up my International Signal & Control, Plc., whistle blowing activities.
The attached 29 False Arrests, which under Pennsylvania Law, constitute a conspiracy that
may be proved by circumstantial evidence that is by acts and circumstances sufficient to warrant
an inference that the unlawful combination has been in front of
charged. See Walcker v. North Wales Boro, 395 F. Supp. 2d. 219. In the same case the following
was supported: Arrestees allegations that the township (Conestoga) and its police officers were
acting in concert and conspiracy and with the purpose of violating arrestees constitutional rights
by subjecting him to unreasonable force, arrest, search, and malicious prosecution and the two
(2) or more officers acted together in throwing arrestee to the ground (April 5th, 2006 and August
4th, 2006) and forcing him to take two (2) blood tests and holding him in custody. The preceding
pleaded civil conspiracy claims under Pennsylvania Law.
In order to state a claim for civil conspiracy and a cause of action under Pennsylvania Law, a
plaintiff must allege that two (2) or more persons agree or combine with lawful intent to do an
unlawful act or to do an otherwise lawful act by unlawful means, with proof of malice with
intent to injure the person, his/her property and or business. In the case of United States v.
Holck, 389 F. Supp. 2d. 338, criminal responsibility defines single or multiple conspiracies by
the following: Governments, without committing variance between single conspiracy charges
in an indictment and its proof at trial may establish existence at continuing core conspiracy
which attracts different members at different times and which involves different subgroups
committing acts in furtherance of an overall plan. 1983 Civil Rights Acts and 18 U.S.C.A.
Acts state the following: The underlying purpose of the scheme of protecting constitutional
rights are to permit victims of constitutional violations to obtain redress, to provide for federal
prosecution of serious constitutional violations when state criminal proceedings are ineffective
for purpose of deterring violations and to strike a balance between protection of individual
rights from state infringement and protection from state and local government from federal
interference, 18 U.S.C.A. 241, 242; U.S.C.A. Const. Art. 2, 53; Amend. 13, 14, 5, 15,
2: 42 U.S.C.A. 1981-1982, 1985, 1988, Fed. Rules Civil Proc. Rule 28, U.S.C.A.
Under RICO, a person or group who commits any two of 35 crimes27 federal crimes and
8 state crimeswithin a 10-year period and, in the opinion of the US Attorney bringing the case,
has committed those crimes with similar purpose or results can be charged with racketeering.
Those found guilty of racketeering can be fined up to $25,000 and/or sentenced to 20 years in
Page 3 of 90
prison. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business
gained through a pattern of "racketeering activity." The act also contains a civil component that
allows plaintiffs to sue for triple damages. When the U.S. Attorney decides to indict someone
under RICO, he has the option of seeking a pre-trial restraining order or injunction to prevent the
transfer of potentially forfeitable property, as well as require the defendant to put up a
performance bond. This provision is intended to force a defendant to plead guilty before
indictment. There is also a provision for private parties to sue. A "person damaged in his business
or property" can sue one or more "racketeers." There must also be an "enterprise." The
defendant(s) are not the enterprise, in other words, the defendant(s) and the enterprise are not
one and the same. There must be one of four specified relationships between the defendant(s)
and the enterprise. This lawsuit, like all Federal civil lawsuits, can take place in either Federal or
State court.
http://www.dealer-magazine.com/index.asp?article=481
1
References
RICO Suave (http://www.snopes.com/language/acronyms/rico.asp) . Snopes.com: (21 December 2004).
Retrieved on 2006-03-26. 1.
External links
RICO Act from Cornell University'sU. S. Code database
(http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_96.html) Detail of Tanya
Andersen's claim against Atlantic Records (http://recordingindustryvspeople.blogspot.com/2005/10/oregonriaa-victim-fights-back- sues.html) Retrieved from
http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act Categories: Articles with
weasel words | United States federal legislation | Organized crime terminology
Page 4 of 90
Anti-SLAPP (strategic lawsuit against public participation) laws can be applied in an attempt
to curb alleged abuses of the legal system by individuals or corporations who utilize the courts as
a weapon to retaliate against whistle blowers, victims, or to silence another's speech. RICO could
be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to
concoct fictitious legal complaints solely in retribution and retaliation for themselves having been
brought before the courts.
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
Page 5 of 90
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Page 6 of 89
Stcmfey J. -Caterbone
Advanced Media Group
1250 Fremont Street
Lancaster, PA 17603
IN THE UNITED;STATES. DISTRICT COURT
FOR THIE EASTERN DISTRICT OF P.ENNSYLVANIA
Lisa Michelle Lambert
PETITIONER
CASE NO. 14-2?59
v.
I hereby on this 30th day of September, 2015, request to Proceed In Forma Pauperis in The 3RD Circuit
Court Of Appeals UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA.
Page 1 of24
Page 7 of 89
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Motion for Leave To Proceed In
Forma Pauperls has been served this 30th day of September, 2015, by first class mail, Postage
Page2of24
Page 8 of 89
v.
CASE NO. 14-2559
Instructions
...._
IL _u
-.&!.ti
!- -'-
,.._llA \ 11 -:.a._ i -
io1
Signed:.
Date:
1.
2.
3.
4.
Page 3of24
Page 9 of 89
1.
For both you and your spouse estimate the average amount of money received from
each of the following sources during the past 12 months. Adjust any amount that was
received weekly, biweekly, quarterly, semiannuaDy, or annually to show the monthly
rate. Use gross amounts, that is, amounts Wore any deductions for taxes or
otherwise.
INCOME SOURCE
AVERAGE MONTHLY
AMOUNT DURING THE
PAST 12 MONTHS
AMOUNT EXPECTED
NEXT MONTH
Your Spouse
You
s_
Gifts
/>Jimony
Unemployment payments
$ 136Q.00
Employment
Self Employment
ChDd S111pport
Retirement (such as social
se&Urity, pensions, annuities,
insurance)
Other (specify):_ _ _ __
$
$
1360.00
Page4 of24
Page 10 of 89
2. List your employment history, most recent ef1'1:)1oyer first (Gross monthly pay is before taxes or other
deductions.
Employer
Address
Dates of Employment
1998 To Present
54 S. Duke street
Millersville, PA 17551
1994to1998
$3200.00
1988to 1992
$4,000.00
1sasto1988
$9,000.00
=
=
3. List your spouse's employment history, most recent employer first (Gross monthly pay is before taxes
or other deductions.
Employer
Address
Below, state any money you or spouse have in bank accounts or in any other financial institution.
Financial Institution
Type of Account
has
$_ _ __
$._ _ __
$_ _ __
$._ _ __
$_ _ __
$._ _ __
If you are a prisoner, you must attach a statement certified by the appropriate institutional officer
showing all receipts, expenditures, and balances during the last six months in your institutional
accounts. If you have multiple accounts, perhaps because you have been in multiple institutions,
attach one certified statement for each account
Pages of24
Page 11 of 89
5. List the assets, and their values, >Mlich you own or your spouse owns. Do not list dothing and
ordinary household furnishings.
Home
(Value)
1250
Fremont
St
(Value) MotorVehide #
(Value)
$9,000.00
Motor Vehide #2
(Value)
Other assets
(Value)
Other assets
(Value)
Make&year_
Model:
Registration #:
6. State every person, business or organization owing you or your spouse money, and the amount owed.
Person owing you oryour
spouse money
$14,000.00
$1,871.00
$15,221.00
$10,000.00
$ Amount not available
$ 24,000.00
$ 954.00
$ 85,000.00
7. State the persons who rely on you or your spouse for support
Name
Relationship
Page6 of24
Page 12 of 89
Age
8. Estimate the average monthly expenses of you and your famUy. Show separately the amounts paid
by your spouse. Adjust any payments that are made weekly, biweekly, quarterty, semiannually, or
annually to show the monthly rate.
You
Rent or Home Matgage
Onclude lot rented for mobDe
home)
Are real estate taxed
included?
ayes
a no Is property
insurance included? a yes
no
Your Spouse
$
$SEE ATTACHED
Food
Clothing
Reaeation, entertairvnent,
newspapers, magazines, etc.
$_
$_
Motor Vehicle
$
$
$
$
Other:
and upkeep)
Homeowners or renters
Life
Health
$_
$_
$_
Page7 of24
Page 13 of 89
Installment payments
You
Your Spouse
$_
Department Store (name):_ $
$_
Other:
$_
$_
$_
$_
t.
9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities
during the next 12 months?
o Yes
X NO
10. Have you paid_Orv.111 you be paying.,._ _an attorney any money for services in connection
v.1th this case, including the completion of this form?
a Yes
X No
Page8of24
Page 14 of 89
11. Have you paid_ Or will you be paying___anyone other than attorney (such as a paralegal or
typist) any money for services in connection with this case, including the completion of this form?
o Yes
X No
12. Provide any other information that v.iill help explain why you cannot pay the docket fees for your appeal.
I HAVE BEEN THE VICTIM OF NUMEROUS FEDERAL AND STATE STATUTES AND HAVE BEEN
FIGHTING TO BE RESTORED TO WHOLE FOR THE PAST 30 YEARS. THE MONIES THAT I HAVE AND
THE LIABILITIES, LOSSES, AND THE LIKE ARE NOT LEGALLY SUFFICIENT TO DENY ME IN FORMA
PAUPERIS STATUS IN ANY COURT OF LAW, ESPECIALLY CONSIDERING THAT I AM A FEDERAL
WHISTLE-BLOWER AND VICTIM OF U.S. SPONSORED MIND CONTROL. IN ADDITION THE PRECEDING
HAS PREVENTED ME FROM OBTAINING AND SECURING COPETENT LEGAL COUNSEL FOR THE PAST
30 YEARS AND PUT ME IN THE UNFORTUNATE POSTION AS PRO SE.
51
Rev: 9/29/04
Page 9of24
Page 15 of 89
Balance Sheet
January 1, 2010
Date of St.attment
Cash
Inventory
Accounts Receivables
50.00
346.00
1,000.00
0.00
2,714,832.35
2,716,228.35
Home Fuml$hlngs
1991 Dodge Pick Up Dakota
Advanatd1Medla Group Stock
Advanced1Medla Group Equipment
0.00
10,000.00
2,000.00
1,000,000.00
Litigation Value
1,000.00
50,000,000.00
51,013,000.00
TotatAue
53,729,228.35
Accounts payable
Citl Bank Crt!dit Card
Bank of America
1.Jan-10
$12,111.93
$10,187.52
$1,809.80
$3,743.10
$623.69
$238.35
$18,827.63
$1,585.97
$3,466.00
$0.00
$0.00
$12,369.70
$7,000.00
$1,813.11
$806.76
$32.00
$74.00
$26.00
$41.38
$1,089.00
$74.00
Qm.'11d~
ti nllnr'9professi<l.1ai
-ftffl:~h-llhl~~~-
Balance Sheet
January 1, 2010
Yamell Security Systems
Yolanda caterbone
Cingular Wireless
sovereing Bank
PowerNet Global Communications
Windstream
Lancaster.County Probation
BMG MuSic Service
Microsoft
Pacer Service Center-U.S
West Publlcatlons
Salute Visa
$1,076.32
$25,000.00
$509.98
$404.85
$2.82
$9.55
$1,800.00
$120.33
$59.95
$41:92
$92.22
$906.49
MEDICAL BILLS
Lancaster Regional Medical Ctr
Conestoga Oral Maxillofacial AssOI
Anestesia Asst~ Of Lancaster, L
SE Lancaster Health Ctinlc
Abbeyvllle Family Practice of LGH
Lancaster Genentl Hospltal
Lancaster Radiological AsSociates
Health Port
Lancaster Emergency Associates
TOTAL BALANCE
~95.0'
iUi(S7.9
Non-Contested
Total Uabilities
$141,557.97
a.
$459.98
$1,269.00
$1,034.00
$12.55
$149.00
$31,264.90
$568.00
$61.17
$0.00
$5315871670..38
C1~W(1h
tt .._....professional
4~~~~~-~~~
Case 05-23059-ref Doc 133 Filed 04/04111 Entered 08/04/1114:01:54 Desc Main
Case 5:14-cv-02559-PD Document 18 Filed 10/01/15 Page 12 of 24
Case: 07-2151
Docu~O!Atr04M1cJ>dde:1
PRECEDENTIAL
Page 12of24
Page 18 of 89
Case 05-23059-ref Doc 133 Filed 04/04/11 Entered 08/04/1114:01:54 Desc Main
Case 5:14-cv-02559-PD Document 18 Filed
10/01/15 Page 13 of 24
2
Case: 07-2151
Docurf?~~~mM~f- qf;~e: 2
I. 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. l l 12{b).
The order of dismissal was mailed to Caterbone by
first class mail on October S, 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 lllltimely because it
occurred outside the ten-day window, then in place, for filing
Page 13of24
Page 19 of 89
Case 05-23059-ref Doc 133 Filed 04/04/11 Entered 08/04/1114:01:54 Desc Main
Case 5:14-cv-02559-PD Document 18 Filed
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Case: 072151
oocu&~~:~3q\04&1~9 ~abl: 3
Page 14of24
Page 20 of 89
Case 05-23059-ref Doc 133 Filed 04/04/11 Entered 08/04/1114:01:54 Desc Main
Case 5:14-cv-02559-PD Document 18 Filed
10/01/15 Page 15 of 24
Case: 07-2151 Docu~ei~~lRF.J.1~04- 4 q\/Je: 4 Date Filed: 04/04/2011
Page 15of24
Page 21 of 89
Case 05-23059-ref Doc 133 Filed 04/04111 Entered 08/04/1114:01:54 Desc Main
Case 5:14-cv-02559-PD Document 18 Filed
5 10/01/15 Page 16 of 24
case: 07-2151
Docun2~tllm~;04Elifif ~: s
ID. Discussion
An appeal from a decision of a bankruptcy court is
subject to the requirements of 28 U.S.C. 158(cX2), which
provides that appeals "shall be taken in the same manner 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 :from."
Fed. R. Banlcr. P. 8002(a) (2006).
Page 16of24
Page 22 of 89
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Case: 07-2151
0ocunf6Ql\mq;04JA8if ~a\Jl: 6
Page 17of24
Page 23 of 89
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Case: 07-2151
DocunQRf.'6B!104aiM 'abi:7
discharge in bankruptcy are non-jurisdictional "claimprocessing rules," Kontriclc 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)(l), (b)(2)(1), and
(b)(2)(J)).2 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 jurisdictionalrequirement." 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
juri$dictional, see 546 U.S. at 515-16,3 Reed Elsevier more
recently clarified that, again ala Bowles,
the relevant question . . . is not . . . whether [a
particular statutory provision] itself has long
2
Page 18of24
Page 24 of 89
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Case 5:14-cv-02559-PD Document 18 Filed
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Case:07-2151 Docurlr<i~lWJ\~~ 8 <f>tae: 8 Date Filed: 04/0412011
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Entered 08/04/1114:01:54
Filed 04/04111
Desc Main
Case: 07-2151
DocurR'h'i-,J~g q!J-Je: 9
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.
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
I
,J
I
Page20 of24
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Case: 07-2151
DocurR&Wt.'~104-lO tJt3~: 1
JUDGMENT
This cause came to be heard on the appeal from 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.
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Case 5:14-cv-02559-PD Document 18 Filed 10/01/15 Page 22 of 24
Case: 072151
ATI'EST:
Isl Marcia M. Waldron,
Clerk
2
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Case 5:14-cv-02559-PD Document 18 Filed
10/01/15 Page 23 of 24
2
Case: 07-2151
DocuirtQfiH-104~ ~i: 1
omcEOF nm CLERK
MARCIA M. WALDRON
TELEPHONE
CLERK
215-597-2995
Website: www.ca3.uscourts.gov
April 4, 2011
.
i
..
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.
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'-"-
Case 05-23059-ref Doc 133 Filed 04/04/11 Entered 08/04/1114:01:54 Desc Main
Case 5:14-cv-02559-PD Document 18 Filed
10/01/15 Page 24 of 24
3
Case: 07-2151
Docu~itt~~l\104i8U'11 ~ahl: 2
bill of costs within 14 days from the entry of judgment. The bill of costs must be submitted on
the proper fonn which is available on the court's website.
A mandate will be issued at the appropriate time in accordance with the Fed.RApp.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 tiling a petition for v..Tit of certiorari.
Very truly yours,
By: Charlene/jk
Case Manager
267-299-4923
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https://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organi...
"RICO" redirects here. For the Better Call Saul episode, see RICO (Better Call Saul). For other uses, see RICO (disambiguation).
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the
RICO Act or simply RICO, is a United States federal law that provides for extended criminal
penalties and a civil cause of action for acts performed as part of an ongoing criminal
organization. The RICO Act focuses specifically on racketeering, and it allows the leaders of a
syndicate to be tried for the crimes which they ordered others to do or assisted them in doing,
closing a perceived loophole that allowed a person who instructed someone else to, for example,
murder, to be exempt from the trial because he did not actually commit the crime personally.[1]
RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L.
91452 (http://legislink.org/us/pl-91-452), 84 Stat. 922 (http://legislink.org/us/stat-84-922),
enacted October 15, 1970), and is codified at 18 U.S.C. ch. 96 (http://www.law.cornell.edu
/uscode/text/18/part-I/chapter-96) as 18 U.S.C. 1961 (http://www.law.cornell.edu/uscode
/18/1961.html)1968 (http://www.law.cornell.edu/uscode/18/1968.html). G. Robert Blakey, an
adviser to the United States Senate Government Operations Committee, drafted the law under
the close supervision of the committee's chairman, Senator John Little McClellan. It was
enacted as Title IX of the Organized Crime Control Act of 1970, and signed into law by Richard
M. Nixon. While its original use in the 1970s was to prosecute the Mafia as well as others who
were actively engaged in organized crime, its later application has been more widespread.
Long title
Acronyms
(colloquial)
1 Summary
2 State laws
3 RICO predicate offenses
4 Application of RICO laws
5 Famous cases
5.1 Hells Angels Motorcycle Club
5.2 Frank Tieri
5.3 Catholic sex abuse cases
5.4 Gil Dozier
5.5 Key West PD
5.6 Michael Milken
5.7 Major League Baseball
5.8 Pro-life activists
5.9 Los Angeles Police Department
5.10 Mohawk Industries
5.11 Latin Kings
5.12 Gambino crime family
5.13 Lucchese Crime Family
5.14 Chicago Outfit
5.15 Michael Conahan and Mark Ciavarella
5.16 Scott W. Rothstein
5.17 AccessHealthSource
5.18 FIFA
5.19 Drummond Company
6 International equivalents to RICO
7 See also
8 References
9 Further reading
10 External links
OCCA
RICO
Nicknames
Enacted by
Effective
Beginning in 1972, 33 States adopted state RICO laws to be able to prosecute similar conduct.
Contents
Public law
91-452 (http://www.gpo.gov/fdsys
/pkg/STATUTE-84/pdf/STATUTE84-Pg922-3.pdf)
Statutes at
Large
Titles
amended
U.S.C.
sections
created
Codification
Legislative history
Introduced in the Senate as S. 30 by John L. McClellan
(DAR)
Passed the Senate on January 23, 1970 (74-1
(http://www.govtrack.us/congress/votes/91-1970/s254))
Passed the House on October 7, 1970 (341-26
(http://www.govtrack.us/congress/votes/91-1970/h367))
Signed into law by President Richard Nixon on October
15, 1970
Summary
Under RICO, a person who has committed "at least two acts of racketeering activity" drawn from a list of 35 crimes27 federal crimes and 8 state crimes
within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an "enterprise". Those found guilty of
racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and
interest in any business gained through a pattern of "racketeering activity."
When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily
seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This
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provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond
ensures that there is something to seize in the event of a guilty verdict.
In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it
difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior
as opposed to criminal acts.[2]
RICO also permits a private individual "damaged in his business or property" by a "racketeer" to file a civil suit. The plaintiff must prove the existence of an
"enterprise". The defendant(s) are not the enterprise; in other words, the defendant(s) and the enterprise are not one and the same.[3] There must be one of four
specified relationships between the defendant(s) and the enterprise: either the defendant(s) invested the proceeds of the pattern of racketeering activity into the
enterprise (18 U.S.C. 1962(a)); or the defendant(s) acquired or maintained an interest in, or control of, the enterprise through the pattern of racketeering
activity (subsection (b)); or the defendant(s) conducted or participated in the affairs of the enterprise "through" the pattern of racketeering activity (subsection
(c)); or the defendant(s) conspired to do one of the above (subsection (d)).[4] In essence, the enterprise is either the 'prize,' 'instrument,' 'victim,' or 'perpetrator'
of the racketeers.[5] A civil RICO action can be filed in state or federal court.[6]
Both the criminal and civil components allow the recovery of treble damages (damages in triple the amount of actual/compensatory damages).
Although its primary intent was to deal with organized crime, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time, "We
don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy
League diplomas."[2]
Initially, prosecutors were skeptical of using RICO, mainly because it was unproven. However, during the 1980s and 1990s, federal prosecutors utilized the law
to bring charges against several Mafia figures. The first major success was the Mafia Commission Trial, which resulted in several top leaders of New York
City's Five Families getting what amounted to life sentences. By the turn of the century, RICO cases resulted in virtually all of the top leaders of the New York
Mafia being sent to prison.
State laws
Beginning in 1972, 33 states, as well as Puerto Rico and the US Virgin Islands, adopted state RICO laws to cover additional state offenses under a similar
scheme.[7]
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Although the RICO laws may cover drug trafficking crimes in addition to other more traditional RICO predicate acts such as extortion, blackmail, and
racketeering, large-scale and organized drug networks are now commonly prosecuted under the Continuing Criminal Enterprise Statute, also known as the
"Kingpin Statute". The CCE laws target only traffickers who are responsible for long-term and elaborate conspiracies; whereas the RICO law covers a variety of
organized criminal behaviors.[8]
Famous cases
Hells Angels Motorcycle Club
In 1979, the United States federal government went after Sonny Barger and several members and associates of the Oakland charter of the Hells Angels using
RICO. In United States v. Barger, the prosecution team attempted to demonstrate a pattern of behavior to convict Barger and other members of the club of
RICO offenses related to guns and illegal drugs. The jury acquitted Barger on the RICO charges with a hung jury on the predicate acts: "There was no proof it
was part of club policy, and as much as they tried, the government could not come up with any incriminating minutes from any of our meetings mentioning
drugs and guns."[9][10]
During the many trials of many Motorcycle Clubs the one that garnered the most attention of the US Government was the Hells Angels case in San Francisco
starting from 1979 to 1983. The US Government had a secret team known as BET= Biker Enforcement Team. It started with the DAGO Chapter of the Hells
Angels, the team whose members included FBI, ATF, DEA, BNE and other agencies. The members were highly secretive and were able to break the law
without recourse as long as they targeted the Hells Angels USA. Some of the members were hand picked from, OCCIB, LEIU, CNIN, PDID and the Organized
Crime Intelligence unit of the San Diego DA's office under the command of DA Ed Miller and his top associated Richard Lewis, others were Ron Dowen OPI
(BET) Scott Barnes (BET-Intelligence records Keeper) J. Kennedy, Fred S. OCCIB and over a dozen others never to be made public.
This unit was so secretive and had access to everything and everyone many who are now deceased, it started in mid 1976 in San Diego and quickly spread
Nationwide until it was exposed in approx. 1980, what was learned was 4 BET members wanted to start a Biker War between the Hells Angels and the
Mongols. It started in San Diego and quickly spread Statewide and beyond. The plan was hatched in a small town in Calif. Santee near San Diego. What the
BET agents did was had 7 Mongol Colors made with the California Rocker on the bottom, knowing the HA's could only have California Rocker, several U/C
agents rode bikes wearing the Mongol Colors around HA's did some bombing aganist them, shootings, kidnappings, gun and dope deals all making it appear the
Angels were doing this and not the Mongols.[11]
When they decided also to have several HA's Colors flying and doing crimes against the Mongols, and vise a verse then both Clubs would think War was on,
and indeed it was starting in San Diego, El Cajon and Statewide the ploy worked and the war became a reality, setting the HA's into a war with the Mongols the
first blatant act was the killing of two Mongols Redbeard and Jingles while they were riding near Escondido. The BET team was the original group to start the
war and it worked.[12][13][14]
Frank Tieri
On November 21, 1980, Genovese crime family boss Frank "Funzi" Tieri was the first Mafia boss to be convicted under the RICO Act.
Gil Dozier
Louisiana Commissioner of Agriculture and Forestry Gil Dozier, in office from 1976 to 1980, faced indictment with violations of both the Hobbs and the RICO
laws. He was accused of compelling companies doing business with his department to make campaign contributions on his behalf. On September 23, 1980, the
Baton Rouge-based United States District Court for the Middle District of Louisiana convicted Dozier of five counts of extortion and racketeering. The sentence
of ten years imprisonment, later upgraded to eighteen when other offenses were determined, and a $25,000 fine was suspended pending appeal, and Dozier
remained free on bail.[17] He eventually served nearly four years until a presidential commutation freed him in 1986.[18]
Key West PD
About June 1984, the Key West Police Department located in the County of Monroe, Florida, was declared a criminal enterprise under the federal RICO statutes
after a lengthy United States Department of Justice investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond
Cassamayor, were arrested on federal charges of running a protection racket for illegal cocaine smugglers.[19] At trial, a witness testified he routinely delivered
bags of cocaine to the Deputy Chief's office at City Hall.[20]
Michael Milken
On March 29, 1989, American financier Michael Milken was indicted on 98 counts of racketeering and fraud relating to an investigation into an allegation of
insider trading and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first
occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken pled guilty to six lesser felonies of securities fraud
and tax evasion rather than risk spending the rest of his life in prison, and ended up serving 22 months in prison. Milken was also ordered banned for life from
the securities industry.[21]
On September 7, 1988, Milken's employer, Drexel Burnham Lambert, was threatened with RICO charges respondat superior, the legal doctrine that
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corporations are responsible for their employees' crimes. Drexel avoided RICO charges by entering an Alford plea to lesser felonies of stock parking and stock
manipulation. In a carefully worded plea, Drexel said it was "not in a position to dispute the allegations" made by the government. If Drexel had been indicted
for RICO violations, it would have had to post a performance bond of up to $1 billion to avoid having its assets frozen. This would have taken precedence over
all of the firm's other obligationsincluding the loans that provided 96 percent of its capital base. If the bond ever had to be paid, its shareholders would have
been practically wiped out. Since banks will not extend credit to a firm indicted under RICO, an indictment would have likely put Drexel out of business.[22] By
at least one estimate, a RICO indictment would have destroyed the firm within a month.[23] Years later, Drexel president and CEO Fred Joseph said that Drexel
had no choice but to plead guilty because "a financial institution cannot survive a RICO indictment."[24]
Pro-life activists
RICO laws were successfully cited in NOW v. Scheidler, 510 U.S. 249, 114 S. Ct. 798, 127 L.Ed. 2d 99 (1994), a suit in which certain parties, including the
National Organization for Women, sought damages and an injunction against pro-life activists who physically block access to abortion clinics. The Court held
that a RICO enterprise does not need an economic motive, and that the Pro-Life Action Network could therefore qualify as a RICO enterprise. The Court
remanded for consideration of whether PLAN committed the requisite acts in a pattern of racketeering activity.
Mohawk Industries
On April 26, 2006, the Supreme Court heard Mohawk Industries, Inc. v. Williams, No. 05-465 (https://supreme.justia.com/cases/federal/us/547/05-465/), 547
U.S. 516 (https://supreme.justia.com/cases/federal/us/547/516/) (2006), which concerned what sort of corporations fell under the scope of RICO. Mohawk
Industries had allegedly hired illegal aliens, in violation of RICO. The court was asked to decide whether Mohawk Industries, along with recruiting agencies,
constitutes an 'enterprise' that can be prosecuted under RICO, but in June of that year dismissed the case and remanded it to Court of Appeals.[28]
Latin Kings
On August 20, 2006, in Tampa, Florida, most of the state leadership members of the street gang, the Latin Kings, were arrested in connection with RICO
conspiracy charges to engage in racketeering and currently await trial. The operation, called "Broken Crown", targeted statewide leadership of the Latin Kings.
The raid occurred at the Caribbean American Club. Along with Hillsborough County Sheriffs Office, Tampa Police Department, the State Attorneys Office,
the FBI, Immigration and Customs Enforcement, and the federal Bureau of Alcohol, Tobacco and Firearms were involved in the operation. Included in the
arrest were leader Gilberto Santana from Brooklyn NY, Captain Luis Hernandez from Miami FL, Affiliate Celina Hernandez, Affiliate Michael Rocca, Affiliate
Jessica Ramirez, Affiliate Reinaldo Arroyo, Affiliate Samual Alvarado, Omari Tolbert, Edwin DeLeon, and many others, totaling 39.
Chicago Outfit
In 2005, the U.S. Department of Justice's Operation Family Secrets indicted 15 Outfit members and associates under RICO predicates. Five defendants were
convicted of RICO violations and other crimes. Six plead guilty, two died before trial and one was too sick to be tried.
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laundering, and honest services fraud. The judges were accused of taking kickbacks for housing juveniles, that the judges convicted of mostly petty crimes, at a
private detention center. The incident was dubbed by many local and national newspapers as the "Kids for cash scandal".[31] On February 18, 2011, a federal
jury found Michael Ciavarella guilty of racketeering because of his involvement in accepting illegal payments from Robert Mericle, the developer of PA Child
Care, and Attorney Robert Powell, a co-owner of the facility. Ciavarella is facing 38 other counts in federal court.[32]
Scott W. Rothstein
Scott W. Rothstein is a disbarred lawyer and the former managing shareholder, chairman, and chief executive officer of the now-defunct Rothstein Rosenfeldt
Adler law firm. He was accused of funding his philanthropy, political contributions, law firm salaries, and an extravagant lifestyle with a massive 1.2 billion
dollar Ponzi scheme. On December 1, 2009, Rothstein turned himself in to federal authorities and was subsequently arrested on charges related to RICO.[33]
Although his arraignment plea was not guilty, Rothstein cooperated with the government and reversed his plea to guilty of five federal crimes on January 27,
2010. Bond was denied by U.S. Magistrate Judge Robin Rosenbaum, who ruled that due to his ability to forge documents, he was considered a flight risk.[34]
On June 9, 2010, Rothstein received a 50-year prison sentence after a hearing in federal court in Fort Lauderdale.[35]
AccessHealthSource
Eleven defendants were indicted on RICO charges for allegedly assisting AccessHealthSource, a local health care provider, in obtaining and maintaining
lucrative contracts with local and state government entities in the city of El Paso, Texas, through bribery of and kickbacks to elected officials or himself and
others, extortion under color of authority, fraudulent schemes and artifices, false pretenses, promises and representations and deprivation of the right of citizens
to the honest services of their elected local officials (see indictment).[36]
FIFA
Fourteen defendants affiliated with FIFA were indicted under the RICO act on 47 counts for "racketeering, wire fraud and money laundering conspiracies,
among other offenses, in connection with the defendants participation in a 24-year scheme to enrich themselves through the corruption of international soccer."
The defendants include many current and former high-ranking officers of FIFA and its affiliate CONCACAF. The defendants had allegedly used the enterprise
as a front to collect millions of dollars in bribes which may have influenced Russia and Qatar's winning bids to host the 2018 and 2022 FIFA World Cups
respectively.[37]
Drummond Company
In 2015, the Drummond Company sued attorneys Terrence P. Collingsworth and William R. Scherer, the advocacy group International Rights Advocates
(IRAdvocates), and Dutch businessman Albert van Bilderbeek, one of the owners of Llanos Oil, accusing them of violating RICO by alleging that Drummond
had worked alongside Autodefensas Unidas de Colombia to murder labor union leaders within proximity of their Colombian coal mines, which Drummond
denies.[38]
See also
Continuing Criminal Enterprise
Patriot Act
Criminal Tribes Act
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References
1. 18 U.S. Code 1962(c); see also Criminal RICO Prosecutors Manual
(http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/rico.pdf),
elaborating that "A Defendant May Be Liable for a RICO Conspiracy Offense
Even if the Defendant Did Not Participate In the Operation or Management of
the Enterprise"
2. Sanders, Alain; Painton, Priscilla (August 21, 1989). "Law: Showdown At
Gucci". Time. Retrieved September 30, 2009.
3. Olsen,, William P. The Anti-Corruption Handbook: How to Protect Your
Business in the Global Marketplace. Hoboken, NJ: Wiley.
4. 18 USC 1962.
5. "As the Supreme Court noted in National Organization for Women, Inc. v.
Scheidler, 510 U.S. 249, 259 n.5 (1994), one commentator has used "the terms
'prize,' 'instrument,' 'victim,' and 'perpetrator' to describe the four separate roles
the enterprise may play in 1962." (citing G. Robert Blakey, The RICO Civil
Fraud Action in Context: Reflections on Bennett v. Berg, 58 Notre Dame L. Rev.
237, 307-25 (1982). See page 32 of RICO State by State: A Guide to Litigation
under the State Racketeering Statutes, John E. Floyd, Section of Antitrust Law,
American Bar Association, Library of Congress Catalog Card Number
97-70903, ISBN 1-57073-396-1
6. Van Over, Gil. "Can You Be Subject to a RICO Claim?". Dealer Magazine.
Archived from the original on October 14, 2008. Retrieved September 30, 2009.
7. Solo, Small Firm and General Practice Division. "Introduction: RICO State by
State: A Guide to Litigation Under the State Racketeering Statutes, Second
Edition". American Bar Association. Retrieved February 15, 2014.
8. Carlson, K (1993). "Prosecuting Criminal Enterprises". National Criminal
Justice Reference Series (United States: Bureau of Justice Statistics Special
Report): 12. Retrieved December 28, 2009.
9. Barger, Ralph 'Sonny'; Zimmerman, Keith; Zimmerman, Kent (2000). Hell's
Angel: The Life and Times of Sonny Barger and The Hell's Angels Motorcycle
Club.
10. "Organized Crime Research". Klaus von Lampe. 2000. Retrieved December 8,
2007.
11. http://articles.latimes.com/1992-10-27/news/mn-835_1_el-cajon-police
12. USA v. Sonny Barger, et al
13. USA v. James E. Brandes
14. USA v. Hells Angels
15. Weigel, David. "But Why Isn't Bernard Law in Jail? (Part 2)". Slate.com.
Retrieved April 24, 2012.
16. Mitered in the Mob? (http://www.nationalreview.com/dreher/dreher032802.asp)
Archived (https://web.archive.org/web/20140102195850/http:
//www.nationalreview.com/dreher/dreher032802.asp) January 2, 2014 at the
Wayback Machine
17. "707 F.2d 862: United States v. Dozier". law.justia.com. Retrieved May 1, 2013.
18. "Inmate Locator". Federal Bureau of Prisons. Retrieved June 18, 2013.
19. "Key West Police Department Called a 'Criminal Enterprise' ". The New York
Times. July 1, 1984. Retrieved September 30, 2009.
Further reading
Criminal RICO: 18 U.S.C. 1961-1968: A Manual for Federal Prosecutors. Washington, D.C.: U.S. Dept. of Justice, Criminal Division, Organized Crime
and Racketeering Section, [2009].
United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5. Organized Crime Control. Hearings ... Ninety-first Congress, Second
Session on S.30, and Related Proposals, Relating to the Control of Organized Crime in the U.S. [held] May 20, 21, 27; June 10, 11, 17; July 23, and
August 5, 1970. Washington, D.C.: U.S. Government Printing Office, 1970.
External links
RICO Act from Cornell University's U. S. Code database (http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_96.html)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Racketeer_Influenced_and_Corrupt_Organizations_Act&oldid=683182245"
Categories: Racketeer Influenced and Corrupt Organizations Act 1970 in law 91st United States Congress Organized crime terminology
United States federal criminal legislation American Mafia events Inchoate offenses United States federal public corruption crime
This page was last modified on 28 September 2015, at 17:58.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of
Use and Privacy Policy. Wikipedia is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Page 36 of 89
STANLEY J. CATERBONE
Nt?. IJiD 379-2007
VS.
TONY FREEMAN
NOBLE REAL ESTATE
GREG MILLAN
SHELBY SHEPRO
CENTRAL PENN SERVICES
ORDER
AND NOW, this &day
for Review of Private Criminal Complaint and Brief in Support thereof, and it appearing that
the District Attorney's refusal to approve the private complaint due to "insufficient evidence"',
obligates the Court to conduct a "de novo" review to determine whether the complaint
establishes a prima facie case, see, Michaels v. Barrasse, 681 A.2d 1362 (Pa. Super. 1996),
and In re Private Criminal Compl. Of Wilson 11, 879 A.2d 199 (Pa. Super. 2005), the
Commonwealth is therefore directed to file an answer to the Petition with sufficient specificity
to identify the information relied upon and lo explain the Commonwealth's decision to
disapprove the filing of Petitioner's private criminal complaint.
BY THE COURT:
LOUIS J.FARINA
PRES.JUDGE
LOUIS J. FARINA
PiiESiDENT JUDGE
'Chief County Detective Landis, who reported the District Attorney's position by letter
dated kovern~er2,2007,
s:ated "Car investigation fsiied to find any criminal intent on the pari
of the defendants. . . ."
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Document Title(s):
Duke Street Business Center 08-13373 Reinstatement and DEFENDANTS Lancaster Chamber
of Commerceer October 8, 2015 ECF Copy
Status: Rejected
Reason: Other:
Comment: Praecipe to reinstate requires a filing of $8.75. PA State Rules require a party to
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:
:
V.
PRAECIPE
TO THE PROTHONOTARY:
Kindly reinstate the Complaint originally filed on December 3, 2008 in the
above captioned action along with the attached EXHIBIT A.
Pursuant to Pa.R.C.P. 401(b)(2) Time For Service, Reissuance, Reinstatement
and Substitution of Original Process, Copies for Service,
be reisued or a complaint reinstated at any time and any number of times. A new
party defendant may be named in a reinstated writ or a reinstated complaint".
Pursuant to Pa.R.C.P. 126 Liberal Construction and Application of Rules, which
states "the rules shall be liberally construed to secure the just, speedy and
inexpensive determination of every action or proceeding to which they are
applicable. The court at every stage of any such action or proceeding may disregard
any error or defect of procedure which does not affect the substantial rights of the
parties.
Kindly add the following parties to the above captioned complaint:
1. Lancaster Chamber of Commerce, S. Queen Street, Lancaster, PA 17602
2. Thomas Baldridge, President
3. Arthur Mann, of the Hourglass Foundation
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and left the room. After leaving the room, Lancaster Chamber President
Thomas Baldridge was walking fast toward the room and gave Stan J.
Caterbone a cocky hello, which Stan J. Caterbone ignored and walked past
him and left the building. Stan J. Caterbone and Thomas Baldridge have a
previous relationship from the days of the Conestoga Shark Swim Team.
Thomas Baldridge was President and Stan J. Caterbone produced a video
for the Swim Team with Pam Pflumm and Susan Baldridge, LNP Reporter
and wife of Thomas Baldridge. The year was 1998.
Date: October 8, 2015
___________________________
Stan J. Caterbone, Pro Set
Advanced Media Group
1250 Fremont Street
Lancaster, PA 17603
(717) 669-2163
scaterbone@live.com
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https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?222845988427601-L_1_0-1
CLOSED,APPEAL,HABEAS,A/R,DOC-RESTRICT
LAMBERT v. BISSONETTE et al
Assigned to: HONORABLE PAUL S. DIAMOND
Cause: 28:2254 Petition for Writ of Habeas Corpus (State)
Petitioner
LISA MICHELLE LAMBERT
V.
Respondent
LYNN BISSONETTE
SUPERINTENDENT, MCI-FRAMINGHAM
Respondent
THE DISTRICT ATTORNEY OF LANCASTER
COUNTY, PENNSYLVANIA
Respondent
THE ATTORNEY GENERAL OF PENNSYLVANIA
V.
Movant
STANLEY J. CATERBONE
AND ADVANCED MEDIA GROUP
Date Filed
Docket Text
05/02/2014
1 PETITION FOR WRIT OF HABEAS CORPUS (Filing fee $ 5 receipt number 100526.), filed by LISA MICHELLE LAMBERT.
(Attachments: # 1 Civil Cover Sheet)(ks, ) (Entered: 05/05/2014)
05/22/2014
2 CJA 20 APPIONTMENT OF ATTORNEY JEREMY H.G. IBRAHIM for LISA MICHELLE LAMBERT. SIGNED BY
HONORABLE PAUL S. DIAMOND ON 5/22/14. 5/22/14 ENTERED AND COPIES E-MAILED.(jpd) (Entered: 05/22/2014)
05/22/2014
3 ORDER THAT JEREMY IBRAHIM, ESQ., IS APPOINTED AS PETITIONER'S COUNSEL. ACCORDINGLY HER HABEAS
PETITION IS DISMISSED WITHOUT PREJUDICE TO PETITIONER'S RIGHT TO FILE A COUNSELED MOTION FOR
RELIEF. COUNSEL SHOULD BE PREPARED TO ADDRESS WHETHER PETITIONER MUST SEEK PERMISSION FROM THE
COURT OF APPEALS BEFORE FILING A SECOND OR SUCCESSIVE HABEAS PETITION. SIGNED BY HONORABLE PAUL
S. DIAMOND ON 5/22/14. 5/23/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)
(Entered: 05/23/2014)
06/23/2015
4 BRIEF ON BEHALF OF AMICI CURIAE STANLEY J. CANTERBONE AND ADVANCED MEDIA GROUP IN SUPPORT OF
LISA MICHELLE LAMBERT'S HABEAU CORPUS, CERTIFICATE OF SERVICE.(jpd) (Entered: 06/25/2015)
07/06/2015
08/14/2015
6 LETTER FROM STAN J. CATERBONE DATED 8/7/15 ADDRESSED TO THE HONORABLE JUDGE J. CURTIS JOYNER AND
THE HONORABLE JUDGE PAUL S. DIAMOND RE: ELECTRONIC CASE FILING PRIVILEGES. (jpd) (Entered: 08/14/2015)
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09/02/2015
8 MOTION TO FILE SUMMARY JUDGMENT filed by STANLEY J. CATERBONE. (ems) (Entered: 09/03/2015)
09/03/2015
7 ORDER THAT MOVANT STANLEY J. CATERBONE'S REQUEST FOR PERMISSION TO ELECTRONICALLY FILE
DOCUMENTS (DOC. NO. 6) IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/3/2015. 9/3/2015 ENTERED
AND COPIES E-MAILED; AND MAILED TO PRO SE. (ems) (Entered: 09/03/2015)
09/03/2015
9 MOTION TO FILE SUMMARY JUDGMENT filed by STANLEY J. CATERBONE.(jaa, ) Modified on 9/3/2015 (afm, ). Modified on
9/4/2015 (jaa, ). (Entered: 09/03/2015)
09/03/2015
10 MOTION TO FILE STATEMENT OF MOVANT filed by STANLEY J. CATERBONE. (ems) (Entered: 09/04/2015)
09/09/2015
09/09/2015
09/09/2015
13 LETTER APPLICATION FROM TIMOTHY RICE #DU-2363 ADDRESSED TO THE HONORALE TIMOTHY R. RICE, UNITED
STATES MAGISTRATE JUDGE (jpd) (DOCKETED IN ERROR SEE 15-CV-291). (Entered: 09/10/2015)
09/09/2015
14 MOVANT STANLEY J. CATERBONE'S MOTION TO FILE EXHIBIT OF MOVANT. (jpd, ) (Entered: 09/10/2015)
09/14/2015
15 ORDER THAT MR. CATERBONE'S MOTIONS FOR SUMMARY JUDGMENT (DOC. NO. 8 AND 9) AND MOTIONS TO FILE
EXHIBITS OR STATEMENTS (DOC. NO. 10, 11, 12, 14) ARE DENIED AS FRIVOLOUS. IT IS FURTHER ORDERED THAT
STANLEY J. CATERBONE MAY NO LONGER SUBMIT FILINGS-WHETHER ELECTRONIC OR IN PAPER FORMAT IN THE
ABOVE CAPTIONED MATTER. THE CLERK OF COURT SHALL NOT DOCKET ANY SUCH FILINGS WITHOUT MY
APPROVAL. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/11/15. 9/14/15 ENTERED AND COPIES MAILED TO PRO
SE MOVANT AND E-MAILED TO COUNSEL. (jpd) (Entered: 09/14/2015)
09/30/2015
16 NOTICE OF APPEAL as to 15 Order on Motion for Summary Judgment,, Order on Motion for Order, Order on Motion for
Miscellaneous Relief, Order on Motion for Leave to File by STANLEY J. CATERBONE. IFP PENDING Copies to Judge, Clerk
USCA, Appeals Clerk.(jpd) (Entered: 10/02/2015)
10/01/2015
10/01/2015
18 MOVANT STANLEY J. CATERBONE'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, CERTIFICATE OF
SERVICE. (jpd) (Entered: 10/02/2015)
Docket Report
Billable Pages: 2
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06-3955
Caterbone v. Lancaster Cty Prison,
et al
09/06/2006
Stanley J.
Caterbone
07/05/2007
15:14:00
0313-2 : 05-cv-02288
United States District Court for the Eastern
District of Pennsylvania
07-2151
In re: Stanley Caterbone
04/30/2007
Stanley J.
Caterbone
05/03/2011
16:04:01
0313-2 : 06-cv-05012
United States District Court for the Eastern
District of Pennsylvania
07-3054
In Re: Caterbone, et al
07/13/2007
Stanley J.
Caterbone
06/20/2008
10:35:49
0313-2 : 06-cv-05117
United States District Court for the Eastern
District of Pennsylvania
07-4474
Caterbone v. Lancaster Cty Prison,
et al
11/30/2007
Stanley J.
Caterbone
10/22/2008
09:28:30
0313-2 : 05-cv-02288
United States District Court for the Eastern
District of Pennsylvania
07-4475
Caterbone, et al v. Wenger, et al
12/07/2007
Stanley J.
Caterbone
10/22/2008
09:28:30
0313-2 : 06-cv-04650
United States District Court for the Eastern
District of Pennsylvania
10-2313
Stanley Caterbone, et al v. Fulton
Financial Corp, et al
05/14/2010
Stanley J.
Caterbone
08/25/2010
16:56:17
0313-2 : 5-10-cv-01558
United States District Court for the Eastern
District of Pennsylvania
Note:
* Click on Case No. to get Case Summary
* Click on Short Title to get Case Query
* Click on Originating Case No. to get Case Summary for Originating Case
am6446:3514696:0
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Name:
CATERBONE,
STAN (pty)
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General Docket
Third Circuit Court of Appeals
Court of Appeals Docket #: 06-3955
Nature of Suit: 3440 Other Civil Rights
Caterbone v. Lancaster Cty Prison, et al
Appeal From: United States District Court for the Eastern District of Pennsylvania
Fee Status: IFP
Docketed: 09/06/2006
Termed: 07/03/2007
Prior Cases:
None
Current Cases:
None
STANLEY J. CATERBONE
Plaintiff - Appellant
Stanley J. Caterbone
Direct: 717-669-2163
[NTC Pro Se]
1250 Fremont Street
Lancaster, PA 17603
v.
LANCASTER COUNTY PRISON
Defendant - Appellee
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STANLEY J. CATERBONE,
Appellant
v.
LANCASTER COUNTY PRISON; MANHEIM TOWNSHIP POLICE DEPT.;
AVALON POLICE DEPT.; COMMONWEALTH NATIONAL BANK, i.e. Mellon Bank;
SOUTHERN REGIONAL POLICE DEPT.; LANCASTER COUNTY SHERIFFS DEPT.;
FULTON BANK
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09/06/2006
09/06/2006
09/08/2006
LEGAL DIVISION LETTER SENT advising appeal has been listed for possible dismissal. (ZM)
09/18/2006
APPEARANCE from Attorney Christopher S. Underhill on behalf of Appellee Manheim Twp Pol, filed. (CLM)
09/18/2006
APPEARANCE from Attorney Stephanie Carfley on behalf of Appellee Fulton Bank, filed. (CLM)
09/18/2006
09/19/2006
FOLLOW UP LETTER to Robert W. Hallinger, Walter H. Swayze, Patricia Baxter, George M. Gowen and Stuart A.
Weiss requesting the following documents: **Appearance Form SEND TO MERITS (CLM)
09/25/2006
APPEARANCE from Attorney William H. Howard on behalf of Appellee Avalon Pol Dept, filed. (LWC)
09/25/2006
Certified Copy of Amended Notice of Appeal filed 09/20/06, received from the Clerk of the District Court, filed.
(LWC)
09/28/2006
APPEARANCE from Attorney George M. Gowen on behalf of Appellee Comm Natl Bank, filed. (CLM)
09/28/2006
09/29/2006
RESPONSE in support of to Legal Division letter for possible dismissal, on behalf of Appellee Fulton Bank, filed.
Certificate of Service dated 9/28/06. (CLM)
10/02/2006
APPEARANCE from Attorney Robert W. Hallinger on behalf of Appellee Lancaster Cty Prison, filed. (CLM)
10/11/2006
RESPONSE to Legal Division letter for possible dismissal, on behalf of Appellee Manheim Twp Pol, filed. Certificate
of Service dated 10/6/06. (LWC)
12/01/2006
Notice received from district court that IFP has been granted to Stanley J. Caterbone . (CLM)
04/30/2007
07/03/2007
ORDER (McKee, Authoring Judge, Fuentes and Roth, Circuit Judges) The appeal is dismissed for lack of
jurisdiction. This Court has jurisdiction of appeals from final decisions of the district courts. 28 U.S.C. Section 1291.
A final decision is one that "ends the litigation on the merits and leaves nothing for the court to do but execute the
judgment." Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 712 (1996). The order Appellant seeks to appeal merely
established a deadline for the filing of Appellant's amended complaint and denied Appellant's request for an
unspecified deadline. The order does not decide any of the claims in the complaint nor does it determine the rights
and liabilities of any of the parties. Accordingly, the order does not constitute a "final" order for purposes of appeal
under Section 1291, filed. BLD-115 (LWC)
07/03/2007
07/05/2007
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https://ecf.ca3.uscourts.gov/cmecf/servlet/TransportRoom
General Docket
Third Circuit Court of Appeals
Court of Appeals Docket #: 07-2151
Nature of Suit: 2422 Bankruptcy Appeals Rule 28 USC 158
In re: Stanley Caterbone
Appeal From: United States District Court for the Eastern District of Pennsylvania
Fee Status: IFP
Docketed: 04/30/2007
Termed: 04/04/2011
Prior Cases:
None
Current Cases:
None
STANLEY J. CATERBONE
Plaintiff - Appellant
Stanley J. Caterbone
Direct: 717-669-2163
[NTC Pro Se]
1250 Fremont Street
Lancaster, PA 17603
v.
KEVIN P. CALLAHAN, Esq.
Defendant
Kevin P. Callahan
[Pro Se Atty]
United States Department of Justice
Office of the Trustee
833 Chestnut Street
Suite 500
Philadelphia, PA 19107
v.
KELLY B. STAPLETON
Not Party - Rule 43 substitution
UNITED STATES TRUSTEE REGION 3
Not Party - Appellee
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04/30/2007
05/10/2007
05/10/2007
APPEARANCE from Attorney Dave Adams on behalf of Appellee Kelly B. Stapleton, filed. (CLM)
05/21/2007
MOTION by Appellant for Request for Recusal of Judge Rendell, filed. Answer due 6/4/07. Certificate of
Service dated 5/18/07. (CLM)
05/29/2007
ORDER (Clerk) granting motion to proceed in forma pauperis by Appellant. The appeal will be submitted to
a panel for determination under 28 U.S.C. section 1951(e)(2) or for summary action under Third Circuit
L.A.R. 27.4 and I.O.P. 10.6, filed. FPS-369 (CLM)
05/29/2007
06/08/2007
MOTION by Appellee to dismiss appeal, filed. Answer due 6/25/07. Certificate of Service dated 6/8/07.
(CLM)
06/21/2007
RESPONSE filed by Appellant Stanley J. Caterbone to motion to dismiss appeal. Certificate of Service
dated 6/19/07. (CLM)
07/08/2009
2 pg, 29.79 KB
07/08/2009
1 pg, 22.26 KB
07/08/2009
1 pg, 30.31 KB
07/08/2009
ORDER (AMBRO, FUENTES and JORDAN, Circuit Judges) referring to a merits panel the Motion to
dismiss appeal for untimeliness filed by the appellee and the motion to recuse Judge Rendell filed by the
Appellant. The Clerk shall locate and appoint amicus counsel on behalf of the Court. Panel No.: CLD-92.
Judge Ambro, Authoring Judge.--[Edited 07/08/2009 by SDT] (JT)
ORDER appointing Charles D. Breckinridge, Esq. as amicus counsel without compensation, filed.--[Edited
07/08/2009 by SDT] (JT)
Clerk's letter regarding information and deadlines for appointed counsel. Counsel shall have a period of 60
days from the date of this order to review the record. The Clerk will issue a briefing schedule immediately
after the 60 day review period ends. Counsel shall file the entry of appearance form within 14 days of the
date of this order. (JT)
2 pg, 31.64 KB
AMENDED ORDER appointing Charles D. Breckinridge, Esq. as amicus counsel on behalf of the Court,
filed. (JT)
2 pg, 31.25 KB
ECF FILER: ENTRY OF APPEARANCE from Charles D. Breckinridge on behalf of Amicus Curiae Amicus
on behalf of Court. (CDB)
8 pg, 293.66 KB
MOTION filed by Appellant Mr. Stanley J. Caterbone recusal of court appointed Amicus Charles
Breckinridge. Response due on 08/05/2009. Certificate of Service dated 07/24/2009. (CLM)
14 pg, 831.02 KB
MOTION filed by Appellant Mr. Stanley J. Caterbone for Appointment of New Counsel. Response due on
08/05/2009. Certificate of Service dated 07/24/2009. (CLM)
07/10/2009
07/27/2009
07/27/2009
07/30/2009
3 pg, 16.27 KB
08/03/2009
1 pg, 60.99 KB
12/16/2009
2 pg, 26.53 KB
12/16/2009
2 pg, 31.61 KB
12/16/2009
ECF FILER: Response filed by Amicus Counsel to Motion for recusal of court appointed amicus Charles
Breckinridge, filed. Certificate of Service dated 07/30/2009.--[Edited 07/31/2009 by CLC]--[Edited
07/31/2009 by CLC] (CDB)
ECF FILER: ENTRY OF APPEARANCE from H. Thomas Byron III on behalf of Appellee(s) United States
Trustee (Kelly Beaudin Stapleton). (HTB)
ORDER (SLOVITER, FUENTES and JORDAN, Circuit Judges) The foregoing motion to recuse amicus
counsel is denied. The motion for the appointment of new counsel is denied. Pro se litigants are not
required to file electronically. 3d. Cir L.A.R. Misc. 113.2 (2008). Opposing counsel must serve parties who
do not file electronically with paper copies of all documents. 3d Cir. L.A.R. Misc. 113.4 (2008). Amicus
counsel's request to withdraw is granted. The Clerk is directed to find new amicus counsel, filed. Panel No.:
ALD-323. Kent A. Jordan, Authoring Judge. (JT)
ORDER appointing Catherine L. Sakach, Esq. as Amicus counsel without compensation on behalf of the
Court. As stated in the Court's July 8, 2009 order, amicus counsel's representation is limited to the following
issue: whether any objection to appellant's untimely appeal to the district court was forfeited by the trustee's
failure to challange it in the district court, or whether the time-period for filing such an appeal is a
jurididictional time-constraint, not subject to such waiver, within the meaning of Bowles v. Russell, 127 S.Ct.
2360 (2007). Counsel shall file the entry of appearance within 14 days of the date of this order. Ms. Sakach
shall have a period of 60 days from the date of this order to review the record. The Clerk will issue a briefing
schedule immediately after the 60 day review period ends. Appellant Caterbone may raise any other issues
regarding the merits of his appeal as well as the issue stated above in his brief. The Clerk will issue a
briefing schedule at the appropriate time. Appellant Caterbone's brief and the brief by amicus counsel will
be due on the same date, filed. (JT)
Clerk's letter regarding information and deadlines for appointed counsel. (JT)
1 pg, 29.33 KB
12/29/2009
2 pg, 63.58 KB
ECF FILER: ENTRY OF APPEARANCE from Catherine L. Sakach on behalf of Amicus Curiae Court
Appointed. (CLS)
0 pg, 0 KB
Document titled "Motion to File Exhibit A-1" received by Appellant. Certificate of Service dated 01/11/2010.
(CLM)
2 pg, 24.22 KB
CLERK LETTER SENT advising Appellant that no action will be taken on the motion to file exhibit A-1 as
the relief sought is unclear. (CLM)
6 pg, 245.39 KB
BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Stanley J. Caterbone due on or before
06/08/2010. Appendix due on or before 06/08/2010. (CLM)
29 pg, 1.78 MB
MOTION filed by Appellant Mr. Stanley J. Caterbone for Extension of Time to File Brief and Appendix.
Response due on 05/24/2010. Certificate of Service dated 05/12/2010. (CLM)
1 pg, 19.95 KB
ORDER (Clerk) granting Motion for extension of time to file brief and appendix filed by Appellant Mr. Stanley
J. Caterbone until 07/08/2010, filed. (CLM)
01/13/2010
01/15/2010
04/29/2010
05/14/2010
05/24/2010
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07/02/2010
24 pg, 479.55 KB
PRO SE BRIEF with Volume I of appendix attached on behalf of Appellant Mr. Stanley J. Caterbone, filed.
Pages: 8, Certificate of Service dated 06/06/2010 by US mail. (CND)
22 pg, 220.47 KB
ECF FILER: ELECTRONIC BRIEF on behalf of Amicus Curiae Court Appointed Catherine L. Sakach, Esq.,
filed. Certificate of Service dated 07/08/2010 by email.--[Edited 07/09/2010 by MS] (CLS)
27 pg, 3.64 MB
ECF FILER: ELECTRONIC APPENDIX on behalf of Amicus Curiae Court Appointed Catherine L. Sakach,
Esq., filed. Certificate of service dated 07/09/2010 by US mail, email.--[Edited 07/09/2010 by MS] (CLS)
07/08/2010
07/09/2010
07/12/2010
HARD COPY RECEIVED from Amicus Curiae Court Appointed Catherine L. Sakach, Esq. - Amicus Brief.
Copies: 10. (KEL)
07/12/2010
HARD COPY RECEIVED from Amicus Curiae Court Appointed Amicus Curiae - Supplemental Appendix.
Copies: 4. Volumes: 1 (LAL)
07/20/2010
2 pg, 59.15 KB
ECF FILER: ENTRY OF APPEARANCE from Jeffrica Jenkins Lee on behalf of Appellee(s) United States
Trustee, Roberta A. DeAngelis. (JJL)
44 pg, 239.74 KB
ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Roberta DeAngelis, filed. Certificate of Service
dated 08/06/2010 by US mail, ECF, 3rd party. (JJL)
08/06/2010
08/09/2010
HARD COPY RECEIVED from Appellee Roberta DeAngelis - Brief. Copies: 10. (SJB)
08/18/2010
1 pg, 21.69 KB
12/29/2010
ORDER (Clerk) Substituting United States Trustee Region 3 Pursuant to Fed. R. App. P. 43 for Kelly B.
Stapleton. It is noted that Roberta A. DeAngelis is the current United States Trustee for Region 3, filed.
(LML)
Calendared for Thursday, 03/17/2011. (CND)
2 pg, 35.49 KB
12/30/2010
2 pg, 84.35 KB
ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Jeffrica J. Lee, Esq. for Appellee US
Trustee Region 3. Certificate of Service dated 12/30/2010. (JJL)
2 pg, 58.66 KB
ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Catherine L. Sakach, Esq. for Amicus
Curiae Court Appointed Amicus Curiae. Certificate of Service dated 01/04/2011. (CLS)
01/04/2011
03/03/2011
03/08/2011
19 pg, 247.69 KB
03/17/2011
ECF FILER: Letter dated 03/08/2011 , filed pursuant to Rule 28(j) from counsel for Appellee US Trustee
Region 3. This document will be SENT TO THE MERITS PANEL, if/when applicable. (JJL)
SUBMITTED on Thursday, March 17, 2011. Panel: BARRY, CHAGARES and ROTH, Circuit Judges (TLG)
9 pg, 105.73 KB
PRECEDENTIAL OPINION Coram: BARRY, CHAGARES and ROTH, Circuit Judges. Total Pages: 9.
Judge: BARRY Authoring. (JK)
4 pg, 66.46 KB
JUDGMENT, Dismissed and Remanded to the District Court to dismiss for lack of subject matter jurisdiction.
(JK)
04/04/2011
04/04/2011
04/29/2011
05/03/2011
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General Docket
Third Circuit Court of Appeals
Court of Appeals Docket #: 07-3054
In Re: Caterbone, et al
Appeal From: United States District Court for the Eastern District of Pennsylvania
Fee Status: IFP
Docketed: 07/13/2007
Termed: 01/15/2008
Prior Cases:
None
Current Cases:
None
STANLEY J. CATERBONE
Plaintiff - Appellant
Stanley J. Caterbone
Direct: 717-669-2163
[NTC Pro Se]
1250 Fremont Street
Lancaster, PA 17603
v.
PPL ELECTRIC UTILITIES CORP
Defendant - Appellee
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v.
PPL ELECTRIC UTILITIES
Stanley J. Caterbone,
Appellant
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07/13/2007
07/17/2007
07/17/2007
CM/ECF case - Portion of record received by Court of Appeals Received document numbers: Document #1.
(LWC)
07/23/2007
LEGAL DIVISION LETTER SENT advising appeal has been listed for possible dismissal. (ZM)
07/24/2007
APPEARANCE from Attorney Michael A. Henry on behalf of Appellee PPL Elec Util Corp, filed. (CLM)
07/24/2007
DISCLOSURE STATEMENT on behalf of Appellee PPL Elec Util Corp, filed. (CLM)
07/25/2007
07/30/2007
RESPONSE to Legal Division letter for possible dismissal, on behalf of Appellee PPL Elec Util Corp, filed.
Certificate of Service dated 7/26/07. (CLM)
07/31/2007
ORDER (Clerk) granting motion to proceed in forma pauperis by Appellant. The appeal will be submitted to a
panel for determination under 28 U.S.C. section 1915(e)(2) or for summary action under Third Circuit L.A.R.
27.4 and I.O.P. 10.6, filed. FPS-495 (CLM)
07/31/2007
08/17/2007
RESPONSE to Legal Division letter for possible dismissal, on behalf of Appellant Stanley J. Caterbone, filed.
Certificate of Service dated 8/13/07. (CLM)
01/15/2008
NOT PRECEDENTIAL PER CURIAM OPINION (McKee, Rendell, and Smith, Circuit Judges), filed. Total
Pages: 4. BLD-39 VACATED--[Edited 04/17/2008 by CLC] (CLM)
01/15/2008
JUDGMENT dismissed for lack of jurisdiction, filed. VACATED--[Edited 04/17/2008 by CLC] (CLM)
02/06/2008
02/06/2008
16 pg, 578.2 KB
03/12/2008
MOTION filed by Appellant Mr. Stanley J. Caterbone to File Petition for Rehearing Out of Time and contrued
as a Motion to Recall Mandate. Certificate of Service dated 02/05/2008. (CLM)
RECORD RETURNED. (RM)
04/17/2008
1 pg, 18.95 KB
04/17/2008
ORDER (CHIEF JUDGE SCIRICA, Circuit Judge) the opinion and judgment filed by this Court on January
15, 2008 are hereby vacated and the mandate shall be recalled. It is further ORDERED that the panel shall
be reconstituted. Appellant's motion to file a petition for rehearing out of time is denied as moot, filed. (CLM)
COURT ORDER granting to Recall Mandate, filed. (CLM)
1 pg, 18.95 KB
04/17/2008
04/17/2008
SUBMITTED on Thursday, April 17, 2008. Panel: SCIRICA, Chief Judges, MCKEE and SMITH, Circuit
Judges. (CMH)
05/29/2008
4 pg, 37.54 KB
05/29/2008
NOT PRECEDENTIAL PER CURIAM OPINION Coram: SCIRICA, MCKEE and SMITH, Circuit Judges. Total
Pages: 4. ELD-26 (CLM)
JUDGMENT dismissed for lack of jurisdiction, filed. (CLM)
4 pg, 144.78 KB
06/20/2008
4 pg, 112.84 KB
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Third Circuit Court of Appeals
Court of Appeals Docket #: 07-4474
Nature of Suit: 3440 Other Civil Rights
Caterbone v. Lancaster Cty Prison, et al
Appeal From: United States District Court for the Eastern District of Pennsylvania
Fee Status: IFP
Docketed: 11/30/2007
Termed: 09/30/2008
Prior Cases:
None
Current Cases:
Lead
Member
Start
End
07-4474
07-4475
08/19/2008
joined
STANLEY J. CATERBONE
Plaintiff - Appellant
Stanley J. Caterbone
Direct: 717-669-2163
[NTC Pro Se]
1250 Fremont Street
Lancaster, PA 17603
v.
LANCASTER COUNTY PRISON
Defendant - Appellee
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FULTON BANK
Defendant - Appellee
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STANLEY J. CATERBONE,
Appellant
v.
LANCASTER COUNTY PRISON; MANHEIM TOWNSHIP POLICE DEPARTMENT;
STONE HARBOR POLICE DEPARTMENT; AVALON POLICE DEPARTMENT;
COMMONWEALTH NATIONAL BANK, i.e. Mellon Bank;
SOUTH REGIONAL POLICE DEPT.; LANCASTER COUNTY SHERIFFS DEPT.;
FULTON BANK
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11/30/2007
11/30/2007
12/07/2007
LEGAL DIVISION LETTER SENT advising appeal has been listed for possible dismissal due to jurisdictional
defect. (NF)
12/07/2007
APPEARANCE from Attorney Stephanie Carfley on behalf of Appellee Fulton Bank, filed. (CLM)
12/07/2007
12/10/2007
APPEARANCE from Attorney William H. Howard on behalf of Appellee Avalon Pol Dept, filed. (CLM)
12/10/2007
APPEARANCE from Attorney Christopher S. Underhill on behalf of Appellee Manheim Twp Pol, filed. (CLM)
12/10/2007
APPEARANCE from Attorney Robert W. Hallinger on behalf of Appellee Lancaster Cty Prison, filed.--[Edited
07/29/2008 by MGD]--[Edited 07/29/2008 by MGD] (CLM)
12/12/2007
MOTION by Appellant for appointment of counsel, filed. Answer due 12/31/07. Certificate of Service dated
12/12/07. (CLM)
12/13/2007
MOTION by Appellant to extend time to file response to letter of jurisdiction, filed. Answer due 12/31/07.
Certificate of Service dated 12/12/07. (CLM)
12/18/2007
APPEARANCE from Attorney George M. Gowen on behalf of Appellee Comm Natl Bank, filed. (CLM)
12/18/2007
(POSITIVE) DISCLOSURE STATEMENT filed on behalf of Appellee Comm Natl Bank. (CLM)
12/20/2007
12/20/2007
FOLLOW UP LETTER to Patricia Baxter and Walter H. Swayze requesting the following documents:
**Appearance Form (CLM)
12/20/2007
12/28/2007
RESPONSE to Legal Division letter for possible dismissal, on behalf of Appellee Fulton Bank, filed.
Certificate of Service dated 12/26/07.--[Edited 04/22/2008 by CLC] (CLM)
01/02/2008
MOTION by Appellee Manheim Twp Pol to dismiss appeal, filed. Answer due 1/14/08. Certificate of Service
dated 12/31/07. SEND TO MERITS--[Edited 04/22/2008 by CLC] (CLM)
01/16/2008
ORDER (Clerk) it is noted that appellant has filed a motion for appointment of counsel and that appellant
requests an extension of time to file his jurisdictional response until his counsel motion has been
determined. Insofar as the motions panel of this Court that will determine the counsel motion will determine
the jurisdictional issue at the same time, the foregoing motion for an extension of time is denied. Appellant
may have an additional 21 days from the date of this Order to file a response regarding jurisdiction, filed.
(CLM)
02/06/2008
41 pg, 1.65 MB
03/26/2008
1 pg, 21.24 KB
04/22/2008
2 pg, 29.65 KB
RESPONSE on behalf of Appellant Mr. Stanley J. Caterbone to Legal Division letter advising of possible
dismissal, filed. Certificate of Service dated 02/05/2008. [Edited 04/22/2008 by CLC]--[Edited 04/22/2008 by
CLC] (CLM)
CLERK ORDER as the District Court granted the Motion to proceed in forma pauperis filed by Appellant Mr.
Stanley J. Caterbone, no action will be taken on the motion filed in this court. The appeal will be submitted
to a panel for determination under 28 U.S.C. 1915(e)(2) or for summary action under Third Circuit L.A.R.
27.4 and I.O.P. 10.6, filed. (PD)
ORDER (AMBRO, FUENTES and JORDAN, Circuit Judges) denying Motion for appointment of counsel
filed by Appellant Mr. Stanley J. Caterbone; referring to the merits panel the motion to dismiss for lack of
jurisdiction, filed. SEND TO MERITS PANEL Panel No.: CLD-170. Judge: FUENTES Authoring (CLM)
2 pg, 71.29 KB
BRIEFING NOTICE ISSUED. Brief on behalf of Stanley J. Caterbone due on or before 06/02/2008.
Appendix due on or before 06/02/2008. (CLM)
11 pg, 152.45 KB
MOTION filed by Appellant Mr. Stanley J. Caterbone for Extension of Time to File Brief and Appendix until
07/02/2008. Response due on 05/27/2008. (CJG)
1 pg, 20 KB
CLERK ORDER granting Motion for extension of time to file brief and appendix until 07/02/2008 filed by
Appellant Mr. Stanley J. Caterbone , filed.--[Edited 05/27/2008 by CJC] (CJG)
23 pg, 1.42 MB
Pro Se 1st STEP BRIEF with Appendix attached on behalf of Appellant Mr. Stanley J. Caterbone, filed.
Copies: 4, Pages: 22, Manner of Service: mail, Certificate of Service dated 07/02/2008. (LAL)
4 pg, 95.54 KB
MOTION filed by Appellee Avalon Pol Dept to be Relieved from Filing a Brief. Response due on 08/04/2008.
Certificate of Service dated 07/23/2008. (CLM)
04/22/2008
05/12/2008
05/27/2008
07/02/2008
07/23/2008
07/29/2008
23 pg, 886.61 KB
07/29/2008
11 pg, 255.15 KB
ELECTRONIC 2nd STEP BRIEF with Addendum attached on behalf of Appellee Lancaster County Prison,
filed. Pages: 11, Manner of Service: mail, Certificate of Service dated 07/29/2008.--[Edited 07/29/2008 by
MGD] (MS)
ELECTRONIC 2nd STEP BRIEF on behalf of Appellee Manheim Twp Pol, filed. Pages: 8, Manner of
Service: mail, Certificate of Service dated 07/29/2008. (LAL)
07/30/2008
Notice of telephonic request to Attorney Christopher S. Underhill, Esq. for Appellee Manheim Twp Pol
requesting both E-version and hard copy of addendum to brief to contain a certificate of Bar membership,
Identity and virus scan for Appellee Manheim Township Police Dept. brief and service for addnedum.
Response due in 3 days. (LAL)
07/30/2008
COMPLIANCE RECEIVED. Electronic addendum to brief of Appellee Manheim Township Police Dept..
(LAL)
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3 pg, 48.31 KB
ELECTRONIC ADDENDUM to BRIEF on behalf of Appellee Manheim Twp Pol containing certificate of bar
membership, identity and virus scan, filed. Manner of Service: mail, Certificate of Service dated 07/30/2008.
(LAL)
07/30/2008
HARD COPY RECEIVED from Appellee Lancaster Cty Prison - 2nd Step Brief with Addendum attached.
Copies: 10. (EAF)
07/31/2008
HARD COPY RECEIVED from Appellee Manheim Twp Pol - 2nd Step Brief. Copies: 10. (EAF)
08/01/2008
50 pg, 1.74 MB
08/04/2008
ELECTRONIC 2nd STEP BRIEF on behalf of Appellee Fulton Bank, filed. Pages: 40, Words: 10161,
Manner of Service: mail, Certificate of Service dated 08/01/2008. (EAF)
HARD COPY RECEIVED from Appellee Manheim Twp Pol - Addendum to Brief. Copies: 10. (MS)
08/04/2008
9 pg, 89.81 KB
MOTION filed by Appellant Mr. Stanley J. Caterbone for a 30- day Extension of Time to File Reply Brief.
Response due on 08/15/2008. Certificate of Service dated 07/31/2008. (DW)
1 pg, 20.22 KB
CLERK ORDER granting Motion for extension of time to file reply brief filed by Appellant Mr. Stanley J.
Caterbone. Reply brief due on or before 09/15/2008 , filed. (DW)
08/07/2008
08/11/2008
HARD COPY RECEIVED from Appellee Fulton Bank - 2nd Step Brief. Copies: 10. (EMA)
08/11/2008
Notice of telephonic request to Attorney Stephanie Carfley, Esq. for Appellee Fulton Bank for a motion for
leave to file supplemental appendix. Response due in 3 days. (EMA)
08/13/2008
08/13/2008
5 pg, 190.41 KB
08/19/2008
MOTION filed by Appellee Fulton Bank for Leave to File Supplemental Appendix. Response due on
08/25/2008. Certificate of Service dated 08/12/2008. (EMA)
CLERK ORDER consolidating appeal nos. 07-4474 and 07-4475 for purposes of disposition, filed. (CLM)
1 pg, 21.33 KB
08/22/2008
1 pg, 20.27 KB
08/22/2008
CLERK ORDER granting Motion by Appellee Fulton Bank for Leave to File Supplemental Appendix with
filing as of the date of this Order, filed. (See Attachment for Complete Text). (EMA)
SUPPLEMENTAL APPENDIX on behalf of Appellee Fulton Bank, filed. Copies: 4. Volumes: 1. Manner of
Service: mail, Certificate of Service dated 08/01/2008. (EMA)
08/26/2008
2 pg, 50.72 KB
RESPONSE on behalf of Appellee Manheim Twp Pol to Motion for relief from Rule 31 requirements, filed.
Certificate of Service dated 08/20/2008. (CLM)
1 pg, 25.32 KB
ORDER (AMBRO and FUENTES, Circuit Judges) granting Motion for relief from Rule 31 requirements filed
by Appellee Avalon Pol Dept, filed. Panel No.: CCO-138. Ambro, Authoring Judge. (CLM)
09/08/2008
09/15/2008
09/25/2008
4 pg, 91.01 KB
ENTRY OF APPEARANCE filed by Attorney Lawrence D. Mason, Esq. for Appellee Avalon Pol Dept..
(CLM)
4 pg, 91.01 KB
WITHDRAWAL OF APPEARANCE from Attorney William H. Howard in 07-4474 for Appellee Avalon Pol
Dept in 07-4474. (CLM)
09/25/2008
09/26/2008
SUBMITTED (Pro Se - 3rd Cir. LAR 34.1(a)) Date: Friday, 09/26/2008 Panel: SLOVITER, BARRY and
NYGAARD, Circuit Judges. [07-4474, 07-4475] (PM)
09/30/2008
8 pg, 46.34 KB
NOT PRECEDENTIAL PER CURIAM OPINION Coram: SLOVITER, BARRY and NYGAARD, Circuit
Judges. Total Pages:. [07-4474, 07-4475] (CLM)
6 pg, 146.61 KB
JUDGMENT vacated and the cases are remanded for further proceedings. Costs will not be taxed.
[07-4474, 07-4475] (CLM)
09/30/2008
10/22/2008
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General Docket
Third Circuit Court of Appeals
Court of Appeals Docket #: 07-4475
Nature of Suit: 3440 Other Civil Rights
Caterbone, et al v. Wenger, et al
Appeal From: United States District Court for the Eastern District of Pennsylvania
Fee Status: IFP
Docketed: 12/07/2007
Termed: 09/30/2008
Prior Cases:
None
Current Cases:
Lead
Member
Start
End
07-4474
07-4475
08/19/2008
joined
STANLEY J. CATERBONE
Plaintiff - Appellant
Stanley J. Caterbone
Direct: 717-669-2163
[NTC Pro Se]
1250 Fremont Street
Lancaster, PA 17603
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JOHN FIORILL
Defendant
ROBERT BUSER, of the Southern Regional Police Department
Defendant
ROBERT M. FEDOR, of the Southern Regional Police Department
Defendant
ROBERT BOURNE
Defendant
JOLYNN STEINMAN, Postmaster, Conestoga Post Office
Defendant
NELSON BREWSTER, Investigator, of the PA Attorney General
Office
Defendant
MICHAEL K. SCHAEFER
Defendant
LUIS FURINA
Defendant
DONALD TOTARO, Lancaster County District Attorney
Defendant
MICHAEL L. LANDIS, Lancaster County
Defendant
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STANLEY J. CATERBONE;
ADVANCED MEDIA GROUP
v.
MR. RANDALL O. WENGER, of the Lancaster County Prothonetary;
MATTHEW BOMBERGER, Office of the Public Defender of
Lancaster County; JUDGE MICHAEL GEORGELIS, Lancaster County; LEO
J. ECKERT JR., Lancaster County District Magistrate; KELLY S.
BALLENTINE, Lancaster County District Magistrate; MAYNARD
HAMILTON, JR., Lancaster County District Magistrate; DENISE COMMINS,
Lancaster County District Magistrate Judge; RICHARD H. SIMMS,
Lancaster County District Magistrate; STEVEN MYLIN, Lancaster County
District Magistrate; WILLIAM G. REUTER, Lancaster County
District Magistrate; MICHAEL SMITH, Dalphin County District Magistrate;
OFFICER RONALD BEZZARD, of the East Lampeter Police Department;
OFFICER THOMAS GJURICH, of the Lancaster City Bureau of Police;
OFFICER ADAM CRAMER, of the Southern Regional Police Dept.;
CHIEF JOHN FIORILL; OFFICER ROBERT BUSER, of the Southern Regional Police
Department; OFFICER ROBERT M. FEDOR, of the Southern Regional Police
Department; ROBERT BOURNE, of the Southern Regional Police Department;
JOLYNN STEINMAN, Postmaster, Conestoga Post Office; NELSON BREWSTER,
Investigator, of the PA Attorney General Office; OFFICER MICHAEL K.
SCHAEFER; LUIS FURINA; DONALD TOTARO, Lancaster County
District Attorney; DETECTIVE MICHAEL L. LANDIS, Lancaster County
Stanley J. Caterbone,
Appellant
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12/07/2007
12/11/2007
LEGAL DIVISION LETTER SENT advising appeal has been listed for possible dismissal due to jurisdictional
defect. (NF)
12/12/2007
MOTION by Appellant for appointment of counsel, filed. Answer due 12/31/07. Certificate of Service dated
12/12/07. (CLM)
12/20/2007
MOTION by Appellant to extend time to file response to letter of jurisdiction, filed. Answer due 12/27/07.
Certificate of Service dated 12/12/07. (CLM)
12/20/2007
01/04/2008
ATTORNEY NOT PARTICIPATING: Atty Gen PA advises they will not participate in this appeal. [SEND TO
MERITS PANEL] (CLM)
01/15/2008
ORDER (Clerk) it is noted that appellant has filed a motion for appointment of counsel and that appeallant
requests an extension of time to file his jurisdictional response until his counsel motion has been
determined. Insofar as the motions panel of this Court that will determine the counsel motion will determine
the jurisdictional issue at the same time, the foregoing motion for an extension of time is denied. Appellant
may have an additional 21 days from the date of this Order to file a response regarding jurisdiction, filed.
(CLM)
01/23/2008
ORDER (Clerk) it appearing that the District Court granted the motion to proceed in forma pauperis. No
action will be taken on the motion as it is unnecessary. The appeal will be submitted to a panel for
determination under 28 U.S.C. section 1915(e)(2) or for summary action under Third Circuit L.A.R. 27.4 and
I.O.P. 10.6, filed. FPS-127 (CLM)
01/23/2008
36 pg, 1.54 MB
RESPONSE on behalf of Appellant Mr. Stanley J. Caterbone to Legal Division letter advising of possible
dismissal, filed. Certificate of Service dated 02/05/2008. SEND TO MERITS--[Edited 04/22/2008 by CLC]
(CLM)
2 pg, 28.04 KB
ORDER (AMBRO, FUENTES and JORDAN, Circuit Judges) denying Motion for appointment of counsel
filed by Appellant Mr. Stanley J. Caterbone; referring to the merits panel the question of jurisdiction, filed.
SEND TO MERITS PANEL. Panel No.: CLD-171. Judge: FUENTES Authoring (CLM)
02/06/2008
04/22/2008
04/22/2008
2 pg, 70.33 KB
BRIEFING NOTICE ISSUED. Brief on behalf of Stanley J. Caterbone due on or before 06/02/2008.
Appendix due on or before 06/02/2008. (CLM)
12 pg, 172.16 KB
MOTION filed by Appellant Mr. Stanley J. Caterbone for Extension of Time to File Brief and Appendix until
07/02/2008. Response due on 05/27/2008. (CJG)
1 pg, 19.21 KB
CLERK ORDER granting Motion for extension of time to file brief and appendix until 07/02/2008 filed by
Appellant Mr. Stanley J. Caterbone, filed. (CJG)
18 pg, 1.07 MB
Pro Se 1st STEP BRIEF with Appendix attached on behalf of Appellant Mr. Stanley J. Caterbone, filed.
Copies: 4, Pages: 19, Manner of Service: mail, Certificate of Service dated 07/02/2008. (LAL)
05/21/2008
05/22/2008
07/02/2008
07/02/2008
08/19/2008
CLERK ORDER consolidating case nos. 07-4474 and 07-4475 for purposes of disposition, filed. (CLM)
1 pg, 21.33 KB
09/03/2008
CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Incorrect Court Order Attached to the
4/22/08 entry. CORRECTION: Incorrect order removed, correct order attached and correct order emailed to
the parties. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (CLM)
CALENDARED for Friday, 09/26/2008. [07-4474, 07-4475] (CMH)
09/15/2008
1 pg, 140.22 KB
09/26/2008
SUBMITTED (Pro Se - 3rd Cir. LAR 34.1(a)) Date: Friday, 09/26/2008 Panel: SLOVITER, BARRY and
NYGAARD, Circuit Judges. [07-4474, 07-4475] (PM)
09/30/2008
8 pg, 46.34 KB
NOT PRECEDENTIAL PER CURIAM OPINION Coram: SLOVITER, BARRY and NYGAARD, Circuit
Judges. Total Pages:. [07-4474, 07-4475] (CLM)
6 pg, 146.61 KB
JUDGMENT vacated and the cases are remanded for further proceedings. Costs will not be taxed.
[07-4474, 07-4475] (CLM)
09/30/2008
10/22/2008
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10-2313 Docket
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General Docket
Third Circuit Court of Appeals
Court of Appeals Docket #: 10-2313
Nature of Suit: 3440 Other Civil Rights
Stanley Caterbone, et al v. Fulton Financial Corp, et al
Appeal From: United States District Court for the Eastern District of Pennsylvania
Fee Status: IFP
Docketed: 05/14/2010
Termed: 08/25/2010
Prior Cases:
None
Current Cases:
None
STANLEY J. CATERBONE
Plaintiff - Appellant
Stanley J. Caterbone
Direct: 717-669-2163
[NTC Pro Se]
1250 Fremont Street
Lancaster, PA 17603
v.
FULTON FINANCIAL CORP
Defendant - Appellee
R. SCOTT SMITH, CHAIRMAN AND CEO
Defendant - Appellee
PHILLIP WENGER, CHIEF OPERATING OFFICER OF FULTON
FINANCIAL CORPORATION
Defendant - Appellee
RUFUS FULTON, FORMER CHAIRMAN AND CEO AND
CURRENT MEMBER OF THE BOARD OF DIRECTORS
Defendant - Appellee
SUSAN A. FOLLMER, SECURITY OFFICER OF FULTON
FINANCIAL CORPORATION
Defendant - Appellee
FULTON BANK
Defendant - Appellee
CRAIG RODA, PRESIDENT OF FULTON BANK
Defendant - Appellee
FERNANDO SANCHEZ, MANOR BRANCH MANAGER AT
FULTON BANK
Defendant - Appellee
MANHEIM TOWNSHIP POLICE DEPARTMENT
Defendant - Appellee
NEIL HARKINS, CHIEF OF MANHEIM TOWNSHIP POLICE
DEPARTMENT
Defendant - Appellee
STEPHANIE CARFLEY, ESQ., PARTNER OF BARLEY SNYDER,
LLC
Defendant - Appellee
SHAWN LONG, ESQ.
Defendant - Appellee
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CIVIL CASE DOCKETED. Notice filed by Appellants Stanley J. Caterbone and Advanced Media Grp in
District Court No. 10-cv-01558. (LML)
SIMBRAW ORDER SENT informing party cannot represent corporation. (LML)
1 pg, 63.58 KB
TRANSCRIPT PURCHASE ORDER FORM (Part 1), filed. No proceedings in District Court. (CLM)
05/14/2010
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05/18/2010
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LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to
jurisdictional defect. (MW)
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RESPONSE on behalf of Appellant Mr. Stanley J. Caterbone to clerk order dated May 14, 2010, filed.
Certificate of Service dated 05/19/2010. (CLM)
3 pg, 205.55 KB
ORDER (SLOVITER, AMBRO and SMITH, Circuit Judges) dismissing appeal as to Stanley Caterbone and
Advanced Media Group for lack of jurisdiction, filed. Panel No.: ALD-266. Smith, Authoring Judge. (CLM)
05/24/2010
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A new article at Truthout, by H.P. Albarelli and Jeffrey Kaye, describes how the CIAs Artichoke Project*
was the contemporaneous and operational side of the MK-ULTRA mind control research program. It was not
superceded by MK-ULTRA in the 1950s, as often supposed. Even more, Artichoke-derived methods of using
drugs, hypnosis, sensory deprivation and overload, behavioral modification techniques and other methods of
mind control have resurfaced as a primary component of U.S. interrogation practice.
The Truthout article includes some amazing revelations, including the largest description to date of the roles
of then-Ford administration officials Dick Cheney and Donald Rumsfeld in working hand-in-glove with the
CIA to suppress information on Artichoke from surfacing.
The article also references the November 2006 release of an "Instruction" from the Secretary of the Navy
(3900.39D) regarding its "Human Research Protection Program." While this memo specifically prohibits the
use of research upon prisoners, including so-called "unlawful enemy combatants," waivers of informed
consent for research, or suspension of the protections enumerated in the memo can be made by the Secretary
of the Navy under conditions of "operational contingency or during times of national emergency." It is likely
the latter rests upon the legislative language within the September 18, 2001 Authorization to Use Military
Force, where terrorist acts are said to "continue to pose an unusual and extraordinary threat to the national
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at The Atlantic described the DCHC as providing "intelligence operatives and interrogators.. [performing]
interrogations for a sub-unit of Task Force 714, an elite counter-terrorism brigade." Interrogations at the
Afghan black site reportedly have included use of sleep deprivation, sensory deprivation, brutality, isolation,
relying on the guidelines of the Army Field Manual, including its Appendix M. Many human rights groups
have criticized Appendix M as including techniques tantamount to torture and/or cruel, inhumane and
degrading and illegal by domestic and international law.
Back in 2003, according to an APA news article, Brandon "jointly conceived" the APA/CIA workshops with
Rand Associate Policy Analyst, Scott Gerwehr. (Mr. Gerwehr reportedly died a few years ago.) At the time,
psychologist Susan Brandon was the Program Officer for Affect and Biobehavioral Regulation at the National
Institute of Mental Health, and worked on the APA/CIA program while also serving as "Senior Scientist" at
the APA.
In the early 2000s, Dr. Brandon served as Behavioral and Social Science Principal at the Mitre Corporation, a
company highly linked to U.S. Air Defense. Subsequent to her stint as APAs Senior Scientist, she went on to
work in for the Bush administration as Assistant Director of Social, Behavioral, and Educational Sciences for
the White House Office of Science & Technology Policy. In addition, she became an instrumental member of
the Social, Behavioral and Economic Sciences (SBES) Subcommittee of the National Science and Technology
Councils Committees on Science and Homeland and National Security.
Subsequently, as described in an important article by Stephen Soldz that extends many of the points in this
essay, Brandon joined the Defense Departments Counterintelligence Field Activity group (CIFA), which was
later disbanded and reformed as part of the DCHC. Soldz also reminds us that Brandon was "one of the silent
observers at the [APA] PENS [Psychological Ethics and National Security] taskforce described by dissident
taskforce member Jean Maria Arrigo as exerting pressure on members to adopt a likely pre-approved policy
in favor of participation in Guantnamo, CIA, and other interrogations. According to a 2005 article by Geoff
Mumford, APAs Director of Science Policy, Dr. Branford "helped steer much of the associations scientific
outreach relevant to counter-terrorism after 9/11."
One example of such outreach would include the June 11, 2002 meeting between Branford, and other top
APA officials with "two senior staff members in the National Security Councils (NSCs) Office of Combating
Terrorism" (OCT). Since Vice Admiral William McRaven was head of OCT at that time, perhaps Brandons
acquaintance with the world of Special Operations dates to that time, as McRaven was to become
Commander of Joint Special Operations Command (JSOC).
JSOC is the other Defense Department component, besides DIA, that has been linked currently with the
management of the black site prisons run by the Obama administration, subsequent to President Obamas
apparent closure of the CIA black sites. One reputable source has informed me that there are eight such black
site prisons in Afghanistan alone. A recent report by the BBC corroborated earlier reports by the New York
Times and the Washington Post. The article by Ambinder further elaborated upon this story.
Why is the Obama Administration Still Involved in Torture?
It is not known if Dr. Brandon has been involved in any of the reported abuses of prisoners coming out of
Bagrams Tor prison, or elsewhere. Yet one would think the Obama administration and the Pentagon has a lot
to explain in utilizing as their behavioral chief of research for an agency involved in intelligence operations,
including interrogation. But then, why is the Obama administration involved in torture or operating secret
prisons at all? President Obama has manifestly broken his promise to the American people to end torture and
close all secret prisons. Nor has Congress done their due diligence in investigating these matters. Only when
the American people fully understand the extent to which these activities have occupied the government and
their various collaborators, like the APA, will society be able to take the necessary steps to end these abuses,
and hold those accountable for what amount to crimes against humanity.
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As for psychologists, Dr. Soldz rightly notes, "Psychology as a profession is at a crossroads." The same holds
true for other professions involved with this abusive and criminal history, including the activities of
anthropologists in the militarys Human Terrain System teams in Afghanistan, researchers in numerous
academic departments across the country, and the many reports of doctors and other medical personnel
involved in the monitoring of torture activities for the CIA and Defense Department. The use of torture has
suborned U.S. civil society as a whole in activities that are dark and evil, and the society as a whole must
make a tremendous effort if it is to extirpate such evil from its midst.
*For an early document referring to Artichokes history, see CIA, Memorandum for the Record, Subject:
Project ARTICHOKE, January 31, 1975. While this MOR downplays Artichokes history, it represents the
degree to which the CIA was willing to reveal such operations. The Truthout article discusses Operation
Dormouse, where then Ford administration officials Dick Cheney and Donald Rumsfeld worked with the CIA
to limit revelations about Artichoke and other CIA torture and assassination operations.
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Tags: Torture, CIA, Scott Horton, Black Sites, Navy, Dia, mind control, Susan Brandon, H.P. Albarelli,
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