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vs.
MD-1108-2015
Superior Court 1915 MDA 2015
1108-2015
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MD-1108-2015
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AND NOW, this 28 th day of September, 2015, the Court has examined the
upon consideration of the Petition 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.
The PETITIONER alleges that the Court did not conduct a de novo review, and thus the
Petition for Review was never properly adjudicated in the Lancaster County Court of Common
Pleas. In fact, the PETITIONER believes that if such a de novo review was conducted, then the
PLAINTIFF would have built a sufficient case for prosecution.
1108-2015
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PROOF OF SERVICE
I hereby certify that this 25 day of November, 2015, I have served the attached
document(s) to the persons on the date(s) and in the manner(s) stated below, which
service satisfies the requirements of Pa.R.A.P. 121:
Service
Served: Mr. Craig Stedman, Lancaster County District Attorney
Service Method: Hand Deliver
Service Date: 11/25/2015
Address: 50 N. Duke Street, Lancaster, PA 17602
Representing: Lancaster County District Attorney
1108-2015
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MD-1108-2015
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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. . . ."
1108-2015
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MD-1108-2015
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1108-2015
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1108-2015
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1108-2015
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Stan J. Caterbone
ADVANCED MEDIA GROUP
1250 Fremont Street
Lancaster, PA 17603
scaterbone@live.com
717-669-2163