July 9, 2008

WHY JUDGE JAMES P. CULLEN SHOULD BE IMPEACHED

He Protects the Privacy of a Murderers (Meghan Lippiatt) Mental Health Record in
Court1 While He Supports and Bolsters2 A Fabricated Mental Health Record For a
Federal Whistleblower and Community Activist with a Record of 30 False Arrests in
the County of Lancaster (Stan J. Caterbone and the Advanced Media Group)

Re: Criminal Case No. 3179-2006 in the Lancaster County Court of Common Pleas
Re: Civil Complaint CATERBONE v. Lancaster General Hospital et. al., (Case No. CI06-03349),
By Stan J. Caterbone and Advanced Media Group

1.

2.

3.

The conduct of Judge Cullen, The Lancaster County Prothonotary, The

Lancaster County Clerk of Courts, and others is clearly and unequivocally an
error in judgment and ethics, display of misconduct and obstruction of justice,
and possible grounds for the impeachment of Judge James P. Cullen; for the
same judge to use a criminal proceeding of a Defendant in a criminal case and
hear a civil matter and use the criminal record against the Plaintiff in a civil
action and the civil record against the same person sitting as a Defendant in a
Criminal Preceding is appalling; a miscarriage of justice; and an indictment of
the Lancaster County Judicial System-At-Large. Judge James P. Cullens
statement in the OPINION SUR APPEAL dose not appear to be forthright and
accurate as to how he came to preside over both the criminal trial and the civil
action against Lancaster General Hospital: When defendants (Lancaster
General Hospital/Barley Snyer, LLc) filed preliminary objections to the
complaint CATERBONE v. Lancaster General Hospital et. al., (Case No.
CI-06-03349), the matter was assigned, by coincidence, to the
undersigned (Judge James P. Cullen).
On April 4, 2007 after sitting idle for almost one full year with no answer to the
Civil Complaint filed against Lancaster General Hospital CATERBONE v.
Lancaster General Hospital et. al., (Case No. CI-06-03349), by Stan J.
Caterbone and Advanced Media Group challenging the mental health record of
Stan J. Caterbone, Stan J. Caterbone filed a Judgment of Non Pros. On April
12, 2007 after sitting idle for one year Judge Michael J. Perezous issued a
Show Cause ORDER to Stan J. Caterbone for the Preliminary Objections filed
on April 12, 2007 by Meegan Ford of Barley Snyder representing Lancaster
General Hospital. On June 4, 2007 Judge James P. Cullen was assigned the
Civil Complaint against Lancaster General Hospital one day before the start of
the Criminal Trial for 3179-2006 before Judge James P. Cullen for the
fabricated charge of Fleeing and Eluding
On August 13, 2007 Judge James P. Cullen issued an ORDER in CATERBONE v.
Lancaster General Hospital et. al., (Case No. CI-06-03349), moving for Stan
J. Caterbone and Advanced Media Group to file an amended complaint within
20 days, which Stan J. Caterbone was not able to do as successfully argued
before the Third Circuit Court of Appeals Case No. 07-4474 (CATERBONE v.
Lancaster County Prison, et. al.,) brief filed on July 2, 2008.

See Lancaster New Era Article Judge Rules Records Private dated June 9, 2008.
See OPINION SUR APPEAL of Case No. 06-3179 dated April 24, 2008 filed in the Lancaster
County Court of Common Pleas.
2

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3
4

On August 29, 2007 Stan J. Caterbone and Advanced Media Group filed a
Motion For Reconsideration requesting an additional 60 days to Amend the
Complaint in CATERBONE v. Lancaster General Hospital et. al., (Case No. CI06-03349). On the same day the Lancaster County Prothonotary entered the
following: ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF,
STANLEY J. CATERBONE FOR FAILURE TO FILE A CERTIFICATE OF MERIT IN
THE PROFESSIONAL LIABILITY CLAIMS. FILED BY MEGAN R. FORD, ESQ.
JUDGMENT ENTERED AS DIRECTED, RANDALL O. WENGER, PROTHONOTARY.
NOTICE OF ENTRY OF JUDGMENT MAILED TO PLAINTIFF. However, Stan J.
Caterbone and or Advanced Media Group never received any notification or
copy that the ORDER was entered on the record.
On September 10, 2007 Stan J. Caterbone filed a Notice of Appeal to Superior
Court to Appeal the ORDER granting only 20 days to amend the complaint.
On September 11, 2007 Stan J. Caterbone received in the United States mails
an envelope postmarked August 29, 2007 that contained a copy of the
Judgment of Non Pros filed and entered on the same date. Stan J. Caterbone
went to the Harrisburg Post Office and filed an official and formal complaint of
lost and stolen mail. The 10 days allowed by the Pennsylvania Rules of
Procedure to file a Challenge to the Judgment of Non Pros had expired.
On September 12, 2007 Stan J. Caterbone and Advanced Media Group filed
the complaint as an exhibit in CATERBONE v. Lancaster General Hospital et.
al., (Case No. CI-06-03349).
On November 2, 2007 Janice Longer, Esq., filed a Post Trial Motion To
Reconsider Sentence after refusing to meet with Stan J. Caterbone on several
occasions the days before.
On November 5, 2007 Stan J. Caterbone filed a Post Trial Motion to Reconsider
Sentence appearing before the Court as pro se3.
On November 2, 2007 Stan J. Caterbone filed a Motion To Dismiss Court
Appointed Counsel4 due to her refusal to meet to consider filing a Post
Sentence Motion to Reconsider Sentence.
On January 14, 2008 Stan J. Caterbone filed a Motion To Remove Court
Appointed Counsel Paul B. Campbell, Esq.,
On January 14, 2008 Paul B. Campbell, Esq., (Lancaster County Court
Appointed Attorney) filed a Notice of Appeal to Superior Court.
To date there were no statement of matters complained appealing the criminal
trial conviction of the above mentioned case by either Lancaster County Court
Appointed Attorney Paul B. Campbell or Janice M. Longer, Esq.,
On February 19, 2008 Paul B. Campbell, Esq. Filed a Statement of Matters
Complained without ever meeting with Stan J. Caterbone regarding Case No.
3179-2006. At approximately 12:00 Noon Stan J. Caterbone received an
email from Paul B. Campbell requesting information of matters for appeal and
stated he needed to file the Statement of Matters Complained within an hour.
On June 24, 2008 Stan J. Caterbone filed a Request for Transcripts of the the
criminal trials of case no. 3179-2006 Fleeing before Judge Dennis Reinaker on
May 7, 2007; Judge James P. Cullen on June 7, 2008; and the Sentencing
Hearing of October 24, 2007 before Judge James P. Cullen for preparation for
the Appeal of the Drivers License Suspension Case No. 07-11822 before Judge
James P. Cullen.
It is noteworthy that this is the 1 st time Judge James P. Cullen has held the
Appeals for Drivers License Appeals. Before the start of court on June 26,
2008 Bailiff Blefko had Deputy Counsel for PENNDOT Beverly Points, Esq.
Review the procedures for the court personnel of James P. Cullen.

See Appendix
See Appendix

17.

18.

19.

20.

On June 26, 2008 during the Drivers License Appeal Hearing (Stan J.
Caterbone was granted a 60-Day Continuance by Judge Cullen) for the 2-year
suspension that was issued by PENNDOT but not imposed for the 3179-2006
Fleeing conviction Judge James P. Cullen would not answer the direct question
by Stan J. Caterbone of whether there was ever an OPINION filed on the
Statement of Matters Complained filed on February 19, 2008 by Paul B.
Campell. Judge James P. Cullen answered, you will have to go to the record.
Stan J. Caterbone also questioned Judge James P. Cullen regarding the
dismissal of Lancaster County Court Appointed Attorney Paul B. Campbell, and
Judge Cullen argued that he did not dismiss Mr. Paul B. Campbell due to the
case being under appeal. Judge James P. Cullen then tried to confuse Stan J.
Caterbone and the record and stated that in my Motion For Continuance I said
that he (Judge Cullen) was going to be my new Court Appointed Attorney.
Stan J. Caterbone referred to the email of April 2, 2008 (Exhibit to the Motion
For Continuance) which Paul B. Campbell stated that he was dismissed as
Court Appointed Attorney on March 31, 2008. Judge James P. Cullen, in his
usual treatment of Stan J. Caterbone, would not let the conversation continue
nor would he let Stan J. Caterbone explain that he does not have a Court
Appointed Attorney and kept trying to question that Paul B. Campbell informed
him that he was dismissed on March 31, 2008 yet Stan J. Caterbone kept
checking the court docket and found no ORDER verifying or confirming the
statement of Paul B. Campbell.
On June 26, 2008 Stan J. Caterbone filed another Exhibit to the Drivers
License Suspension Appeal, the email of June 25, 2008 from Paul B. Campbell
in which he again stated that he was dismissed as Court Appointed Attorney
for the Criminal Case 3179-2006 Fleeing. Immediately thereafter Stan J..
Caterbone went to the Clerk of Courts to see if the OPINION of the Statement
of Matters Complained was filed by Judge James P. Cullen. The staff person in
the Clerk of Courts gave Stan J. Caterbone a hard time, harassed him and
showed him one page of an OPIONION but would not provide a copy and
insisted on a fee of $1.00 per page, which Stan J. Caterbone refused. It is
noteworthy that this was the first time that Stan J. Caterbone learned there
was an OPINION filed back on April 24, 2008, regardless of the countless times
accessing the public docket since then and finding no entry for the OPINION.
On July 7, 2008 Stan J. Caterbone went to the Court Reporters Office of
Lancaster County in the Lancaster County Courthouse to obtain the signed
ORDER of the Request For Transcripts of the criminal trials and sentencing of
Case No. 3179-2006 Fleeing that was requested on June 24, 2008. Stan J.
Caterbone has been obtaining all transcripts for appeals using his In Forma
Pauperis status, which grants him free trial transcripts. The staff person
(Jean) of the Court Reporters Office looked for it and did not have a copy
although she said that Judge James P. Cullen had DENIED the Request For
Transcripts and said that I would have to pay for them. I informed her that I
have never paid for the numerous transcripts that I have obtained for my
appeals. She called the office of Judge James P. Cullen and asked for a copy
of the signed ORDER denying my request. Judge James P. Cullens Office told
her to send me to the Lancaster County Clerk of Courts Office for a copy of the
ORDER. She called Judge Dennis Reinakers Office and they did not know
where the signed ORDER was, or if the ORDER was signed yet. Stan J.
Caterbone went to the Lancaster County Clerk of Courts Office and the staff
person refused to give Stan J. Caterbone a copy of the signed ORDER, or show
him a copy. The staff person at the Lancaster County Clerk of Courts kept
arguing and harassing Stan J. Caterbone and told Stan J. Caterbone he would
have to provide an application for In Forma Pauperis status, totally opposite of
what the Lancaster County Court Reporters Office had stated.

21.

Stan J. Caterbone has been denied the transcripts and the signed ORDER for
the Request For Transcripts of Case No. 3179-2006 Fleeing.

APPENDIX
Motion to Dismiss Court Appointed Counsel

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA
vs.

:Docket No. 3179 of 2006

:

STANLEY CATERBONE

MOTION FOR DISMISSAL OF COURT APPOINTED COUNSEL

TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Petitioner, Stanley Caterbone, hereby moves for the dismissal of Court Appointed
Attorney Janice M. Longer, Esq.,

1. Petitioner has filed a previous motion and also a compliant with the Office of
Disciplinary Counsel of the Supreme Court of Pennsylvania. See Exhibit A.
2. Petitioner wishes to explore several alternative options for the filing of appeals for
both the sentence and the verdict of guilt for this case.
3. Petitioner had personally visited the office of Ms. Longer on October 26, 2007 and
again of October 30, 2007 to schedule an appointment to simply discuss the
Petitioners option of filing an appeal to the sentence within the 10-day Rule as
prescribed by the Court at the time of Sentencing. Ms. Longers paralegal had
refused on both occasions to grant the Petitioner access to Ms. Longer and also
refused to schedule a meeting until the week of November 5, 2007. The 10-day
deadline for filing the Appeal is Saturday, November 3, 2007.
4. Petitioner had a successful verdict in the first trial for this charge before Judge
Reinaker during the May trial term, which ended in a hung jury. Judge Reinaker
permitted the entire recording of the incident to be heard by the jury, thus
providing the jury the opportunity to actually hear the Petitioner in complete fear

of the affiant, Sgt. Robert Buser of the Southern Regional Police; this was the
basis for the defense raised by Ms. Longer.
5. During this trial before Judge Cullen, Ms. Longer had negotiated with Assistant
District Attorney Debbie Muzereus and agreed that a portion of the recording was
not going to be admitted into evidence and the jury was precluded from hearing
the most obvious demonstration that the Petitioner was in total fear of the Affiant,
Sgt. Robert Buser. The Petitioner had not agreed with Ms. Longer, nor did the
Petitioner realize at the time of the trial that this agreement was made. Had the
Petitioner understood this agreement, Petitioner would have instructed Ms. Longer
to have Judge Cullen make a ruling on this issue. This issue was raised in the
Post Trial Motion For Acquittal, and Judge Cullen dismissed the motion on the
grounds that the agreement was made between Ms. Longer and ADA Debbie
Muzereus because Judge Cullen had no ruling during trial on this issue.
6. The issue of playing the entire recording for the jury was the only difference
between the two trials, which ended entirely different. In the first trial the jury
was polled and the count was 9-3 after approximately 6 hours of deliberations. In
the second trial, where the entire recording was not heard, the jury reached a
unanimous decision for a guilty verdict in only 20 minutes.
7. In January when this case was first scheduled for trial and during a pretrial
conference before Judge Cullen with the Petitioner, Ms. Longer, and ADA Debbie
Muzereus, the Lancaster County District Attorney Office agreed to allow the entire
recording into evidence and heard before the jury.

Ms. Longer should have

strenuously pursued this agreement; instead Ms. Longer abandoned the interest
of the Petitioner and failed to pursue the matter more strenuously as an advocate
for the Petitioner.
8. The Petitioner would like to pursue other alternatives for representation during the
appeal process of this case. The Petitioner has had 18 criminal charges before the
Lancaster County Court of Common Pleas withdrawn, Nolle Pros, or guilty verdicts
overturned as pro se.
9. The Petitioner would like the opportunity to consider Court Appointed Attorney
Paul B. Campbell, Esq. as an alternative to Ms. Longer. Paul B. Campbell, Esq.,
had successfully negotiated the Nolle Pros of a DUI and Careless Driving charge
that was finalized on November 1, 2007 before the Honorable Judge Louis J.
Farina.

10. The Petitioner would like the opportunity to consider soliciting an attorney that
would provide representation during the appeal on a pro bono arrangement.

Respectfully submitted.

_____________________________
Date: November 2, 2007
Litigant

Stanley J. Caterbone, Pro Se

1250 Fremont Street
Lancaster, PA 17603
amgroup01@msn.com
www.amgglobalentertainmentg
roup.com

Post Trial Motion To Reconsider Sentence

Stanley J. Caterbone, Petitioner

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY,

PENNSYLVANIA
CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA

:Docket No. 3179 of 2006

vs.

STANLEY CATERBONE
ORDER
AND NOW, this_______________day of______________, 2007, the Appeal For
Sentence and Reconsideration filed by Stanley J. Caterbone, Petitioner, shall be
granted. The sentence shall be stayed and the petitioner shall be granted timeserved with no parole.

BY THE COURT:

J.

ATTEST:

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA
vs.

:Docket No. 3179 of 2006

:

STANLEY CATERBONE

APPEAL OF THE SENTENCE AND MOTION FOR RECONSIDERATION

TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Petitioner, Stanley Caterbone, hereby moves for the reconsideration of the sentence of 6
months probation on the following grounds:

1. During the sentencing hearing the Court weighed heavily on issues regarding the
Petitioners alleged mental health condition, without any reason for such considerations.
The Petitioner complied with the Courts Order for a psychological and psychiatric
evaluation, however the County of Lancaster failed to obtain an evaluation, or a
psychiatrist that would perform an evaluation.
2. The prosecution never made any allegations during the trial that the Petitioners mental
health condition played any role in the incident of the charge Fleeing and Eluding an
Officer.
3. The Petitioner had challenged the accuracy and the foundation for the Lancaster General
Hospital 302 Commitment and the entire medical record that arose from the 302
Commitment and evaluation of April 10, 2006 in the Civil Action 06-03349, Caterbone v.
Lancaster General Hospital and Dr. Emily Pressley.
4. This case is still pending before the courts and it was unreasonable for the Honorable Judge
James P. Cullen to use excerpts of that report for his considerations during sentencing;
especially considering that the Honorable James P. Cullen is also presiding over the civil
action 06-03349 and is intimately aware of the Petitioners challenges to issues under
dispute. During the sentencing hearing the Honorable James P. Cullen referred to the

Petitioners 302 Commitment and misrepresented the facts in stating that the Petitioner
had been ordered to undergo treatment and had 2 hearings during the 302 Commitment
at Lancaster General Hospital in April of 2006. The fact is that the Petitioner had 1 hearing
and was discharged at the end of the 5-day evaluation without treatment and without any
prescribed medications on the Petitioners discharge papers issued by Lancaster General
Hospital.
5. The Honorable Judge James P. Cullen also misrepresented the facts regarding the
Petitioners 1987 hospital stay in the Psychiatric Unit of St. Joseph Hospital in stating on
the record that the Petitioner was committed for psychiatric treatment. The fact and the
record is that the Petitioner was lead to believe that as a condition of bail for charges filed
on September 3, 1987 in the County of Lancaster the Petitioner was ordered to enter the
Psychiatric Unit of St. Joseph Hospital.

After approximately 10 days the Petitioner had

learned that he was mislead by the prosecutors and his attorney, Mr. Robert Byers, and
had actually been in the St. Joseph Hospital on a voluntary basis, at which time the
Petitioner discharged himself without incident.

The Lancaster County Assistant District

Attorney, Mr. Donald Totaro, has dismissed all of the charges of the September 3, 1987
arrest in March of 1988. This issue is also being challenged in Caterbone v. Lancaster
County Prison, et al., case number 05-2288, which is currently in the United States District
Court for the Eastern District of Pennsylvania.
6. The Pre Sentence Investigation prepared by the Probation and Parole Department of
Lancaster County contained numerous errors and misrepresentations that the Petitioner
had to correct during the Sentence Hearing.

The Petitioner was never granted a

conference to correct the misrepresentations as is outlined in Rule 703 (B) which states:
If the defendant or the Commonwealth alleges any factual inaccuracy in a report under
this rule, the sentencing judge shall, as to each inaccuracy found, order that the report be
corrected accordingly.
7. The Petitioner reviewed the Pre Sentence Investigation in the office of Ms. Janice Longer on
October 23, 2007 and had informed Ms. Longer of the factual disputes. Ms. Longer had
called the Honorable Judge James P. Cullen and had communicated to the Petitioner that
considerations would be made to continue sentencing in order for the Petitioner to have
ample time to continue the review of the Pre Sentence Investigation Report and to have
the inaccuracies corrected.

8. The Court denied the request to delay the Sentence Hearing, nor did the Court Order the
Department of Probation and Parole correct the Pre Sentence Investigation prior to the
Sentencing Hearing.
9. The Pre Sentence Investigation failed to include the community service which the Petitioner
had included in the Pre Sentence Investigation Worksheet and had provided to the
Lancaster County Probation and Parole Department.
10. The Petitioner had provided the following in the Pre Sentence Investigation Worksheet:
1998 - We had began to administer the charity giving of Toms Project Hope, a non-profit
organization promoting education and awareness for mental illness and suicide prevention.
We had provided funding for the Mental Health Alliance of Lancaster County, Contact
Lancaster (The 24/7 Suicide Prevention Hotline), The Schreiber Pediatric Center, and other
charitable organizations and faith based charities. The Petitioner had worked with many non
profit and faith based organizations in Lancaster County promoting suicide prevention and
mental health issues for Project Hope and promoting the video produced by Project Hope,
Numbers Dont Lie, which is used by the Contact Lancaster, the Lancaster County Mental
Health Alliance, the IU 13 of the Lancaster School District, and the Texas School system. The
Petitioner was the sole representative for Project Hope that had implemented these initiatives
in Lancaster County.
1999 to 2005
In 1999 We contributed to the debate, research, and implementation of strategies to counter
the effects of the global Y2K threat to the worlds computer technologies. We attended the U.S.
Sponsored Y2K symposium and Conference in Washington, D.C. hosted by the Senate Y2K
Subcommittee and Senator William Bennett.
11. In addition to the community service provided in the pre sentence worksheet, the
Petitioner had recently provided to the Lancaster County Mental Health & Mental Retardation
Department the Toms Project Hope (a non profit foundation to provide awareness and
education on suicide prevention and mental health issues, founded after the suicide of Tom
Caterbone the Petitioners brother) video Numbers Dont Lie which will be used as a resource
and available in their resource Library.

The Petitioner had worked with Jim Laughlin the

Director of the Lancaster County Mental Health & Mental Retardation Department over the
past 6 months.
11. The Petitioner had requested the Court to consider the time served by the Petitioner in the
Lancaster County Prison from October 30, 2006 to December 29, 2006 for time served. It

was determined at the Sentencing Hearing that the time was served for another charge, case
no. 4771-2006. On November 1, 2007, all charges of that case, 4771-2007 have been nolle
pros, and the Petitioner would like the Court to take this into consideration.

Respectfully submitted.

Date: November 5, 2007

Stanley J. Caterbone, Petitioner

1250 Fremont Street
Lancaster, PA 17603
amgroup01@msn.com
www.amgglobalentertainmentgroup.com