Petition for Administrator of Thomas Caterbone 36-1996-0729 Jan 17 2008 Important

Stanley J. Caterbone, Petitioner

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

ORPHANS COURT DIVISION

IN RE: :

ESTATE OF THOMAS P. CATERBONE, : No. 36-1996-0729 Deceased.

ORDER

AND NOW, this _________________ day of_____________ , 2008, the Court

hereby grants the Petitioner, Stanley J. Caterbone, Administer and Personal

Representative for the Estate of Thomas P. Caterbone.

BY THE COURT:

J.

ATTEST:

Advanced Media Group Page 1 of 43 January 17, 2008

Stanley J. Caterbone, Petitioner



IN RE: :


PETITION FOR COURT APPOINTED ADMINISTRATOR OF ESTATE

TO THE HONORABLE JUDGE JAMES P. CULLEN:

AND NOW on this 17TH day of January 2008, Petitioner, Stanley Caterbone,

hereby moves for the Appointment to the Administrator and Personal Representative of

the Estate of Thomas P. Caterbone, the above captioned case, for the following

reasons:

1. Petitioner is Stanley J. Caterbone, of 1250 Fremont Street, Lancaster, PA

17603, brother of the Decedent, Thomas P. Caterbone.

2. In May of 1996, prior to May 21 1996, the Petitioner was elected Executor and

Administrator of the above captioned estate during a meeting before Mr. Matt

Samley, Esq., and counsel for the estate. In attendance was the Petitioner,

Yolanda M. Caterbone, mother of the Decedent, Phillip Caterbone, brother of the

deceased, Michael Caterbone, brother of the deceased, and Steven Caterbone,

brother of the deceased.

3. The petitioner later granted the powers to Steven Caterbone, then and

currently of Miami, Florida, the powers of Executor and Administrator of the above

captioned estate.

4. On May 14, 1996, Letters of Administration were awarded on Petition to Steven

P. Caterbone, as Administrator of Decedents estate.

5. The Decedents estate consisted of real estate, which was grossly encumbered,

and business interests located in the Commonwealth of Pennsylvania, and the

County of Lancaster.


6. The Petitioner has played an active role in contributing to the administration of

the above captioned estate since the Letters of Administration were awarded in

May of 19961.

7. The Petitioner is the only family member and legal heir that is currently living in

the County of Lancaster, Pennsylvania.

8. On May 16, 2005, in case no. 05-2288, the Petitioner filed a wrongful death

claim against Fulton Bank on behalf of the Decedent in the United States District

Court for the Eastern District of Pennsylvania. That case is still pending2.

9. On June 11, 1998, Petitioner was named Executor of the Last Will and

Testament of the Decedents and Petitioners mother, Yolanda M. Caterbone,

executed before attorney Michael M. McDonald, Esq., of Lancaster, Pennsylvania3.

10.On January 21, 2005, the Petitioner was named Power of Attorney on a Fulton

Bank Record of Power of Attorney, executed in Lancaster, Pennsylvania4.

11.The Administrator, Steven P. Caterbone, currently resides in Miami, Florida.

The Decedents mother, Yolanda Caterbone, also resides in Miami, Florida.

Michael Caterbone, the Decedents brother resides in Ft. Lauderdale, Florida. And

the Decedents brother, Phillip W. Caterbone, D.O. resides in Austin, Texas.

12.The mother of the Decedent, Yolanda M. Caterbone has had deteriorating

mental competency and has been suffering from dementia since 2004.

13.In a letter dated September 20, 1998, from the Administrator Steven P. Caterbone, to

the Petitioner stated the following; all estate business is done; bank account

closed...5

14.Since 1998, the Administrator, Steven P. Caterbone, has filed indefinite to question

number 2 of the Status Report Under Rule 6.12 for the above captioned estate67.

15.The Petitioner believes it would be in the best interest of the Estate of Thomas P.

Caterbone, the Administrator, Steven P. Caterbone, and all interested parties to appoint

1 See Exhibit A Estate Agreement with Advanced Media Group; Conestoga Title Argument 2 See Exhibit B U.S. District Court Judge Mary McLaughlin Opinion and Memorandum of June 13, 2006. 3 See Exhibit C Last Will and Testament of Yolanda M. Caterbone. 4 See Exhibit D Fulton Bank Power of Attorney of Yolanda M. Caterbone 5 See Exhibit E Letter from Administrator Steven P. Caterbone to Petitioner Stanley J. Caterbone of September 20, 1998. 6 See Exhibit F Lancaster County Court of Common Pleas Summary Docket Sheet.


the Petitioner the Administrator.

16.The Petitioner also believes it would serve the Defendant, Fulton Bank, well if the

Petitioner were appointed Administrator of the Estate, being the Administrator is the pro

se litigant in the wrongful death claim for the Decedent.

17.Attached in Exhibit H is the ORDER and MOTION of Septmeber 5, 1996 by Lancaster

County Court of Common Pleas Judge James P. Cullen and the Petition For Leave To

Withdraw As Counsel For Administrator, Steven P. Caterbone, filed by Xekellis, Reese &

Pugh, counsel for Steven P. Caterbone. Attorney Matt Samley entered the Appearance

for Xekelis, Reese & Pugh8.

Respectfully submitted.

Date: January 17, 2008 Stanley J. Caterbone, Petitioner

1250 Fremont Street Lancaster, PA 17603 [email protected] www.amgglobalentertainmentgroup.com

7 See Exhibit G January 17, 2007 Estate Status Report Under Rule 6.3 8 See Exhibit H - ORDER and MOTION of September 5, 1996 by Lancaster County Court of Common Pleas Judge James P. Cullen and the Petition For Leave To Withdraw As Counsel For Administrator, Steven P. Caterbone, filed by Xekellis, Reese & Pugh, and counsel for Steven P. Caterbone.




IN RE: :


CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the PETITION FOR COURT

APPOINTED ADMINISTRATOR OF ESTATE has been served this 17th day of January,

2008, by first class mail, Postage prepaid, or by electronic mail upon, or by hand deliver to:

Mr. Steven P. Caterbone 7960 N.W. 201 Terrace Hialeah, FL 33015 Mrs. Yolanda M. Caterbone 7960 N.W. 201 Terrace Hialeah, FL 33015 Mr. Michael T. Caterbone 122 Swan Avenue Ft. Lauderdale, FL 33324 Dr. Phillip Caterbone, Executive Director Three Points Medical Center 1406 FM 1825 - Suite 760 Pflugerville, TX 78760

Stephanie Carfley Barley Snyder, LLC 126 East King Street Lancaster, PA 17602 Matt Samley Reese, Pugh, Samley, Wagenseller & Mecum 120 North Shippen Street Lancaster, Pennsylvania 17602

_____________________________

Date: January 17, 2008 Stanley J. Caterbone, Pro Se Litigant 1250 Fremont Street Lancaster, PA 17603 [email protected] www.amgglobalentertainmentgroup.com


EXHIBIT A


Argument: (Diversion of Funds = Fulton Bank) 1. Plaintiff, (Conestoga Title), is using a technical deficiency found in the defendants,

(Country Funding), mortgage to support its claim that National Citys (Insured) mortgage is a superior mortgage with first lien position.

2. At settlement on May 16, 1995 United Financial/Abstract United diverted funds from

Country Funding that were intended to satisfy the mortgage of Country Funding, thus prompting Country Funding to challenge National Citys 1st lien position.

3. Conestoga Title and United Financial/Abstract United also had an agency relationship

during the transaction and settlement of May 16, 1995. 4. United Financial/Abstract United principals have since been charged and have

admitted guilt to the Lancaster County District Attorney to such a crime on May 16, 1995, the day of the settlement, which enacting the diversion of funds, which were intended to satisfy Country Fundings mortgage.

5. Country Funding hereby claims that the criminal act of the diversion of funds by

United Financial/Abstract United, is the only reason that enables Conestoga Title to make the claim of a technical deficiency in its efforts to provide National City with a 1st lien position, resulting in Conestoga Title eluding any financial obligations to Country Funding or National City.

6. Country Funding claims that Conestoga Title had a fiduciary relationship with United

Financial/Abstract United, acting as its agent at the time of settlement, and thus should not be allowed to benefit from the criminal act , (the diversion of funds) by claiming the technical deficiency of the Country Funding mortgage, to defend 1st lein position of National City. The technical deficiency is only material to this dispute because it is the direct result of a crime.

7. Conestoga Titles agency relationship with United Financial/Abstract United could be

construed as collusion if it were permitted to use the crime as a means of avoiding its responsibility of providing National City with a 1st lien position by satisfying the Country Funding mortgage with a $70,285.00 pay off. It would have financially benefited by the criminal act of its own agent, United Financial/Abstract United

8. Country Funding was the victim of one crime when the funds were diverted at

settlement. Allowing Conestoga Title to avoid its financial responsibility and use the crime to ultimately lead to its claim of the technical deficiency, would shift the financial burden from Conestoga Title to Country Funding, the victim. Allowing Conestoga Title to use the direct results of a crime to absolve its financial interest, would then make Country Funding the victim of two crimes.


EXHIBIT B


IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

STANLEY J. CATERBONE \ L E D CIVIL ACTION LANCASTER COUNTY PRISON, et a1 . . hid2 c!- /i NO. 05-2288

T h , c A ~ ? . 5 ~ ! ~ . I>ii ' 9Je., ~ ' , 2 i I <

/ c y / - MEMORANDUM AND ORDER

The pro se plaintiff has made numerous allegations

against numerous defendants in his eighty-seven page complaint

The Court will dismiss the complaint as to moving defendants Mellon

Bank (named as "Commonwealth National Bank"), Manheim Township

Police Department, and Fulton Bank for failure to state a claim.

The Court will also dismiss the complaint as to non-moving

defendants Southern Regional Police Department, Stone Harbor Police

Department, AValOn Police Department, Lancaster County Prison and

Lancaster County Sheriff's Department for failure to serve the

complaint and summons.

I. Failure to State a Claim

Each of the moving defendants has moved to dismiss on

the ground that the plaintiff has failed to state a timely claim.'

The United States Court of Appeals for the Third Circuit peh&K E R

1 The pro se plaintiff has not opposed any @L&RB,-J~c motions to dismiss. By letter to the Court dated March 2, 2006, request filed March 6, 2006, and letter to the Court dated April 4, 2006, Fulton Bank, Manheim Township, and Mellon Bank respectively requested that their motions be granted as uncontested, pursuant to Local Rule of Civil Procedure 7.l(c). The United States Court of Appeals for the ~hird Circuit has indicated, however, that courts should not grant motions to dismiss against unrepresented parties without undertaking a merits analysis: stackhouse v. ~azu;kiewicz, 951 F.2d 29, 30 (3d Cir. 1991).


Compaq_OwnerHighlight







two years. Garvin v. Citv of Philadel~hia, 354 F.3d 215, 220 (3d Cir. 2003) (1 1983 claims are subject to Pennsylvania's two statute of limitations governing personal injury actions). The plaintiff initiated this lawsuit more than fourteen years after his last

alleged interaction with the Manheim Township Police Department.'

Finally, the plaintiff has alleged that Fulton Bank: (1) was involved in some sort of collusion in 1987; ( 2 ) embezzled

$5,000 from his checking account in 1990, did not credit the account for more than 60 days, and never credited the lost interest

income; and ( 3 ) refused to allow the plaintiff's brother, Thomas

Caterbone, to deposit a check in 1996, on the grounds that no funds

were available, and was therefore responsible for his

suicide/wrongful death later that year. The plaintiff has also

alleged that, in February 2005: (a) he had difficulty accessing certain account statements and was told that he had to pay for

copies of those statements; and (b) a bank customer representative informed him that when a customer wants to deposit a check for

which no funds are available, the bank must give the customer a

choice between depositing the check or waiting until there are

funds. Finally, the plaintiff has included in his complaint what

appears to be a May 6, 2005 article from the Intelligencer Journal

that names Fulton Bank as a limited partner in Penn Square

Partners, an alleged stakeholder in a proposed Lancaster County

Convention Center. (Compl. at 6 ( a ) , 55-56, 80-81, 86.)

4 The complaint states that the plaintiff "rescinded efforts for due process immediately after loosing [sic] his home and business," but it also states that the plaintiff "began to review his case" again in October 1990. (Compl. at 5 6 . )



EXHIBIT C


EXHIBIT D


/

POWER OF ATTORNEY FOR

I/ The fnllowine denosit account(s) only: - - . . - . . . . . - -D r . ,

Account Title Account Number YOLANDA M CATERBONt

All accounts in which I/(we) may now or in the future have an interest

KNOW ALL MEN BY THESE PRESENTS that the undersigned does(do) hereby constitute and appoint STANLEY J CATERBONE of 220- RD CONFSTOGA PA 17m

my (our) agent(s) for me(usj and in my(ourj name, place and stead, as completely set forth below If more than one agent is appointed, any I of the agents can act without requiring all agents to act in concert.

POWER OF ATTORNEY

( 1 ) The agent(s) may engage in the following banking and financial transactions at Fulton Bank:

(a) Sign checks, drafts, orders, notes, bills of exchange and other instruments ("items") or otherwise make withdrawals from checking, savings, transaction, deposit, loan or other accounts in my(our) name and endorse items payable to me(us) and receive the proceeds in cash or otherwise.

(b) Open and close such accounts in my(our) name, purchase and redeem savings certificates, certificates of deposit or similar instruments in my(our) name, and execute and deliver receipts for any funds withdrawn or certificates redeemed.

(c) Deposit any funds received for my(us)in my(our) accounts

(d) Do all acts regarding checking, savings, transaction, deposit, loan or other accounts, savings certificates, certificates of deposit or similar instruments, thc same as I(we) could do if personally present.

(e) Sign any tax information or reporting form required by Federal, State or local taxing authorities, including, but not limited to, any Form W-9 or similar form.

(1) 111 gclicral, Lrai~sact any busincss wilh Fullon Bank that [(we) could if present.

(2) This Power of Attorney shall not be affected by my(our) subsequent disability or incapacity.

(3) If an account is a joint account, this Power of Attorney shall continue to be effective after the death of either of us until formally revoked by writing filed with the Bank by our survivor.


(4) If the [(we) has previously executed any other power of attorney, the execution of this Power of Attorney shall not be deemed to have the legal effect of revoking or modifying any such power of attorney.

(5) No action on my(our) part in doing in person any of the acts herein authorized to be done by my(our) agent(s) after execution of this Power of Attorney shall be treated as a revocation hereof, and this Power of Attorney shall remain in full force until a written revocation has been delivered to the Bank.

(6) In consideration of the recognition of this Power of Attorney by the Bank, and intending to be legally bound hereby, the undersigned hereby agrec as follows: If my(our) agent(s) shall perform any act or acts herein authorized, after my(our) death, but bcfore actual knowledge of such death has reached the Bank, such act or acts shall be binding upon my(our) personal representatives and heirs, if any; I(we) also agree, for my(our) personal representatives and heirs, if any, to indemnify and save harmless the Bank liom any loss or damage which it might sustain through rclying upon the apparcnt authority of this Power of Attorney after its termination, by operation of law or otherwise, but before actual knowledge thereof is received by the Bank.

IN WITNESS WHEREOF, the undersigned has(have) hereunto set my(our) hand@) and seal@) this 26 day of JAN. ,2005

-

I ? ) t (SEAL) - b - . u 3 ~ (SEAL)


NOTICE *

THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, W-IICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.

THlS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THlS POWER OF ATTORNEY.

YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY.

DS.

A COURT CAN TAKE AWAY THE POWERS OF YOURIAGENT IF IT FINDS YOUR NT KNOT ACTING PROPERLY.

THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56. ?

I HAVE READ OR HAD EXPLAINED TO ME THlS NOTICE, AND I UNDERSTAND ITS

* This form of Notice is prescribed by law. This Power of Attorney only pertains to your designated deposit account@) at Fulton Bank, and does not give the agent power to handle any other property.


A L ~ I Y ~ W L E D G M E N T

I, STANLEY, have read the attached Power of Attorney and am

the person identified as the agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the Power of Attorney or in 20 Pa.C.S. when I act as agent:

I shall exercise the powers for the benefit of the principal.

I shall keep the assets of the principal separate from my assets.

I shall excrcise reasonable caution and prudence.

111 1 shall keep a full and accurate record of all actions, receipts, and disbursements ((1 111 on behalf of the orinci~al.


Futon Bank - - C\rlr~l. Dlvalor; . LANCA~TERJCI.IES~R DIVISION DI

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EXHIBIT E


EXHIBIT F


Estate Information: THOMAS P. CATERBONE

DECEDENT INFORMATION

Name File Number Date Filed OC File Number Probate Type Date of Birth Date of Death

THOMAS P. CATERBONE

1996-0729 1/17/2006 PROBATE 4/29/1996

Residence Township Place of Death Exec. Notes Notes Lancaster Township

CORRESPONDENT INFORMATION

Name Address Phone # Attorney? Supreme Court ID STEVEN P. CATERBONE

7960 NORTHWEST 201 TERRACE HIALEAH, FL 33015

PERSONAL REPRESENTATIVE INFORMATION

Name Type ID Checked? Out of State? Bonded? Renounced? Removed? STEVEN P. CATERBONE

ADMINISTRATOR NO NO

Deceased? Phone SSN Address NO 7960 NORTHWEST 201 TERRACE

HIALEAH, FL 33015

DOCUMENTS GRANTED INFORMATION Document Type Date Filed Date Granted Date Revoked LETTERS OF ADMINISTRATION 05/14/1996 05/14/1996

STATUS REPORT INFORMATION

Date Filed For Year 03/19/2002 2002

01/17/2006 2006

04/02/2003 2003

04/30/1998 1998

06/05/2000 2000

Page 1 of 5Probate Public Access - Estate Summary

1/14/2008http://paperless.co.lancaster.pa.us/viewerportal/pr/summary_print.asp?lDecedentID=83093Advanced Media Group Page 25 of 43 January 17, 2008

01/16/2004 2004

08/01/2005 2005

04/16/2001 2001

05/17/1999 1999

01/29/2007 2007

01/02/2008 2008

DOCKET INFORMATION

Date Type Description Amount 06/21/1996 REMARKS - 999 CLAIM OF CORESTATES

BANK OF DELAWARE NA FILED

06/25/1996 REMARKS - 999 CLAIM OF AMERICAN EXPRESS FILED

07/09/1996 REMARKS - 999 CLAIM OF FIRST CARD SERVICES, INC. FILED

07/29/1996 REMARKS - 999 CLAIM OF WELLS FARGO BANK, N.A. FILED

07/30/1996 REMARKS - 999 CLAIM OF ERIC J. MONGEAU FILED

07/30/1996 REMARKS - 999 CLAIM OF ALAN MONGEAU FILED

08/14/1996 REMARKS - 999 CERTIFICATION OF NOTICE UNDER RULE 5.6 FILED

09/04/1996 REMARKS - 999 PETITION FOR LEAVE TO WITHDRAW AS COUNSEL, FILED



09/05/1996 REMARKS - 999 ORDER ENTERED. LEAVE TO WITHDRAW AS COUNSEL GRANTED.

09/09/1996 REMARKS - 999 CLAIM OF MBNA AMERICA FILED

09/16/1996 REMARKS - 999 CLAIM OF AMERICAN EXPRESS

10/03/1996 REMARKS - 999 CLAIM OF AT&T UNIVERSAL CARD SERVICES FILED

10/31/1996 REMARKS - 999 CLAIM OF XAKELLIS, REESE & PUGH FILED

12/09/1996 REMARKS - 999 CLAIM OF HARRIS TRUST AND SAVINGS BANK FILED

12/23/1996 REMARKS - 999 CLAIM OF CITICORP CREDIT SERVICES INC. FILED

01/28/1997 TAX RETURN - ORIGINAL - 070

TAX RETURN - ORIGINAL ACN: 101

02/21/1997 REMARKS - 999 ENTRY OF APPEARANCE FO THOMAS G. KLINGENSMITH FORBANK OF LANCASTER COUNTY, N.A. FILED

02/21/1997 REMARKS - 999 CLAIM OF BANK OF LANCASTER COUNTY, N.A. FILED

03/25/1997 REMARKS - 999 CLAIM OF COLONIAL NATIONAL BANK, USA FILED



05/07/1997 REMARKS - 999 COPY OF PRAECIPE TO ENTER JUDGMENT UPON DEFAULT

05/21/1997 REMARKS - 999 ENTRY OF APPEARANCE OF LAURA LYON SLAYMAKER AS ATTORNEY FOR PHILLIPPE KATRAS, CLAIMANT.

06/09/1997 REAL ESTATE - ASSMT: ORIGINAL RET - 090

REAL ESTATE - ASSMT: ORIGINAL RET ACN: 101 AMOUNT: 365900.00

06/09/1997 TAX ASSESSMENT - ORIGINAL RETURN - 080

TAX ASSESSMENT - ORIGINAL RETURN ACN: 101

06/09/1997 TOTAL PROBATE ASSETS - 250

TOTAL PROBATE ASSETS ACN: 101 AMOUNT: 374927.19

06/09/1997 TOTAL TAX DUE - ASSMT: ORIGINAL RET - 140

TOTAL TAX DUE - ASSMT: ORIGINAL RET ACN: 101 AMOUNT: 0.00

06/09/1997 BALANCE DUE - 050 BALANCE DUE ACN: 101 AMOUNT: 0.00

06/09/1997 CHARITABLE EXEMPTIONS - ASSMT: ORIG - 130

CHARITABLE EXEMPTIONS - ASSMT: ORIG ACN: 101 AMOUNT: 0.00

06/09/1997 TAXABLE ESTATE VALUE - ASSMT: ORIG - 120

TAXABLE ESTATE VALUE - ASSMT: ORIG ACN: 101 AMOUNT: -16575.72

06/09/1997 TOTAL ASSETS - ORIGINAL RETURN - 100

TOTAL ASSETS - ORIGINAL RETURN ACN: 101 AMOUNT: 481593.85



06/09/1997 TOTAL DEDUCTIONS - ASSMT: ORIGIN RT - 110

TOTAL DEDUCTIONS - ASSMT: ORIGIN RT ACN: 101 AMOUNT: 498169.57

04/13/1998 REMARKS - 999 CLAIM OF FIRST USA BANK

04/30/1998 STATUS REPORT - PARTIAL - 235

STATUS REPORT - PARTIAL





















EXHIBIT G


EXHIBIT H


Petition for Administrator of Thomas Caterbone 36-1996-0729 Jan 17 2008 Important

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Transcript of Petition for Administrator of Thomas Caterbone 36-1996-0729 Jan 17 2008 Important