PRESS RELEASE OF OCTOBER 4, 2008
CATERBONE and ADVANCED MEDIA GROUP WIN IN THE U.S. THIRD CIRCUIT COURT OF APPEALS IN OPINION (Third Circuit Judges Sloviter, Barry and Nygaard) OF SEPTEMBER 30, 2008:
In The U.S. Third Circuit Court of Appeals in CATERBONE v. Lancaster County Prison/Fulton Bank , et. al., (U.S. District Court Case No. 05-2288 and Third Circuit Case No. 07-4474) and also in CATERBONE/ADVANCED MEDIA GROUP v. Mr. Randall O. Wenger, et. al., (U.S. District Court Case No. 06-4650 and Third Circuit Case No. 04-4475);
The U.S. Third Circuit Court of Appeals VACATED the lower courts DISMISSAL of both cases for not filing an Amended Complaint on Time ; and both cases are now remanded back to the U.S. District Court for further proceedings under Judge Mary A. McLaughlin.
MAJOR NEWS - KARL ROVE HAS HIS FINGERRINTS AND MARKING ALL OVER MY SITUATION! October 2, 2008
I urge you to go out and rent or buy this DVD , unless you already did. This is the MO that I needed. He was here in Lancaster two (2) years ago campaigning for Rick Santorum ( I have to check the dates), who lost to Robert Casey, Jr. for the U.S. Senate Seat.
He made sure he drove by me so that I would see him!
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He started bugging offices in the 1970's.
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He started counterfeiting documents in the 1970's.
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He started breaking into opposition offices in the 1970's.
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He was first noticed by George H. W. Bush in the 1970's.
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He used the "networking" MO in his college days.
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I personally saw him in Lancaster over the past few years.
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He has been teaching his "techniques" for years to others.
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He had a personal relationship with the FBI and used it to have persons prosecuted and jailed and thinks nothing of ruining someone's life for the Republican Party!
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Many Washington insiders believe that the strength of the Bush machine lies not in its leader but in Karl Rove, the man who picked Bush to run for Governor of Texas, tutored him on the workings of government, and ran brilliant yet brutal campaigns that would eventually sweep Bush into the Presidency.
In Bush's Brain: How Karl Rove Made George W. Bush Presidential, readers will enter the powerful world of White House Senior Advisor Karl Rove and learn how this man created George W. Bush and continues to keep him on top. Political journalists James Moore and Wayne Slater offer a rare glimpse into the man who has become the single most important advisor to George W. Bush and the person who many think is calling the shots at the White House. They also discuss how Rove's strategic decisions seem to be determining U.S. policy for the Bush administration, including the controversial tactic of running on a war with Iraq.
This intriguing book also features previously unreported information on the Bush campaign from the primaries and the conventions to the fall general election and the complex relationship Rove and Bush currently share. Karl Rove is both feared and admired by Republicans and Democrats alike. His take no prisoners approach to politics has received mixed reviews and left everyone wondering who's really running this country? In Bush's Brain: How Karl Rove Made George W. Bush Presidential readers will learn who the real Karl Rove is and just how much power he really has.
WACHOVIA AND FULTON BANK CASHIER'S CHECK SCAM OF SEPTEMBER 12, 2008
Fulton Bank and Wachovia Bank tried to confiscate and abscond my Fulton Bank $17,306.80 Cashier's Check made payable to myself, Stan J. Caterbone and guaranteed, on Thursday and Friday September 11th and 12th, 2008; through a conspiracy of theft by deception and fraud.
On Thursday, Fulton Bank at the Penn Square Headquarters refused to open a checking account to accept the $17,306.80 Cashier's Check guarunteed by Fulton Bank themselves, dated September 22, 2007 (See the letter below). By refusing to open the checking account, I had to go to Wachovia Bank, where I had a checking account in good standing for the past year, to deposit the Cashier's Check.
The next day, Friday, I recorded my meeting with the Wachovia Branch Manager regarding the transaction. Wachovia Bank was setting up a discretionary policy of both banks to not honor the guarunteed Fulton Bank Cashier's Check.
The end result would have been that they would have confiscated the actual Fulton Bank Cashier's Check, never credited my account, and charged me overdraft fees for any transactions that I placed on my Wachovia Check Card from the date of deposit.
I would have lost posession of the actual Fulton Bank Cashier's check or $17,306.80; I would have been charged overdraft fees; and they would have closed my checking account due to non-sufficient funds. Ultimately I would have not been able to pay for my monthly hosting fee for this website (can only pay with a credit card or debit card) and this website would have been taken off-line.
I would have gone back to Wachovia Bank and Fulton Bank and argued about who stole my $17,306.80 and one or both of them would have called 911; then since they are both in the City of Lancaster, the Lancaster City Police would have responded with a Crisis Intervention Mental Health Officer and attempted to cite me with disorderly conduct and get a Section 302 Commitment Order signed by the Lancaster County Administrator. Trust me, this was already in the works.
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Wachovia Bank Branch Manager's Office
Corner of Hershey Avenue and Manor Street
Lancaster, PA 17603
September 12, 2008
Approximately 10:40 am
Recording approximately 12 minutes in length
[Stan J. Caterbone] I have a Cashie'rs Check here ($17,306.80), now if I deposit this now how does this work with this cashiers check?
[Wachovia Bank Branch Manager - Black Male] We have ah next-day availability which means by Saturday morning.
[Stan J. Caterbone] Even though it is Fulton Bank, I can’t have immediate availability?
[Wachovia Bank Branch Manager] Depends on how much you need back?
[Stan J. Caterbone] Till tomorrow? I think like $10.00 dollars.
[Wachovia Bank Branch Manager] ….. Let me look at your account for a minute.
[Stan J. Caterbone] I am eventually going to get another Cashier's Check.
[Wachovia Bank Branch Manager] We can put it on a next day ticket for availability if you want to cash this check, but it is going to take a little bit of time. You have a few overdrafts.
[Stan J. Caterbone] That last overdraft was a bit confusing.
[Wachovia Bank Branch Manager] Are you talking about for this check, we’re talking about ... you’re looking at mayber 2 to 3 business days.
[Stan J. Caterbone] For What?
[Wachovia Bank Branch Manager] Figuring in the overdrafts.
[Stan J. Caterbone] What do you mean, I don’t understand.
[Wachovia Bank Branch Manager] Any check for the day of deposit takes usually 2 to 3 business days.
[Stan J. Caterbone] A Cashier's Check? It’s a Cashier's Check!
[Wachovia Bank Branch Manager] It is going to have to pass through Fulton to make sure Fulton is O.K. with it. That is the reason why.
[Stan J. Caterbone] It’s a Cashiers Check! Well It’s a Cashiers Check!
[Wachovia Bank Branch Manager] Well it is still … Fulton, everybody has their own Cashier's Check. But all Fulton Bank is ... they have this money in there and their holding it out of your account until they ...
[Stan J. Caterbone] I don’t have an account there, I never had an account there. (Regarding Cashier's Check)
[Wachovia Bank Branch Manager] You never had an account there?
[Stan J. Caterbone] It’s the proceeds from a real estate sale.
[Wachovia Bank Branch Manager] O.K. so were talking about 2 to 3 business days.
[Stan J. Caterbone] What is a Cashier's Check?
[Wachovia Bank Branch Manager] A Cashier's Check is just a … it used to mean it was like cash. no more it’s like that.
[Stan J. Caterbone] Well it’s still like cash because there is no account. I have no account. It is not drawn on an account.
[Wachovia Bank Branch Manager] It is drawn on an account. It’s drawn on the house account. You got a house sale right? So it is drawn on that account. It is drawn on that house.
[Stan J. Caterbone] No, it is not. No because I traded, I swapped Cashier's Checks.
[Wachovia Bank Branch Manager] So you swapped Cashier's Checks?
[Stan J. Caterbone] Yea.
[Wachovia Bank Branch Manager] It is still going to take 2 to 3 days.
[Stan J. Caterbone] But there is no account. I never had an account there.
[Wachovia Bank Branch Manager] So what was the Cashier's Check from?
[Stan J. Caterbone] Fulton Bank. Does it matter? Does it matter?
[Wachovia Bank Branch Manager] Hum.
[Stan J. Caterbone] Does it matter?
[Wachovia Bank Branch Manager] Oh it doesn’t matter cause.
[Stan J. Caterbone] O.K. what is a Cashier's Check?
[Wachovia Bank Branch Manager] It is still going to take 2 to 3 days.
[Stan J. Caterbone] I know but I’m trying to determine I’m trying to ask you what a Cashier's Check is.
[Wachovia Bank Branch Manager] A Cashier's Check is Basically a check, basically a check.
[Stan J. Caterbone] It is a guaranteed check.
[Wachovia Bank Branch Manager] It is only guaranteed if you are going to get it, so we have to hold it for 2 or 3 days. That is if Wachovia does get it.
[Stan J. Caterbone] What do you mean if Wachovia gets it.
[Wachovia Bank Branch Manager] That’s if we are going to get it.
[Stan J. Caterbone] What would make you not get it? The only thing that could make you not get it is if ...
[Wachovia Bank Branch Manager] They (Fulton Bank) may not honor it.
[Stan J. Caterbone] They (Fulton Bank) have to honor it. It’s a Cashier's Check.
[Wachovia Bank Branch Manager] They (Fulton Bank) don’t have to honor it. They (Fulton Bank) don’t have to honor that check. I have seen that happen before.
[Stan J. Caterbone] Why, how can they (Fulton Bank) steal a Cashier’s Check?
[Wachovia Bank Branch Manager] It is not really stealing a Cashiers Check. Let’s say something was wrong or you know they didn’t want to honor the check or then it has to come back down to us, and then we can’t take it.
[Stan J. Caterbone] They (Fulton Bank) can’t do that on a Cashier's Check.
[Wachovia Bank Branch Manager] They (Fulton Bank) can do it.
3:35 [Stan J. Caterbone] How can they (Fulton Bank) do it? How can they (Fulton Bank) do that?
[Wachovia Bank Branch Manager] It’s up to the bank’s rules. Certain banks have certain policies.
[Stan J. Caterbone] For what?
[Wachovia Bank Branch Manager] If I were to make up the policies.
[Stan J. Caterbone] How do you buy a Cashier’s Check? You have to have guaranteed funds to buy a Cashier’s Check. The funds are already guaranteed. You can’t revert it back to an unguaranteed … to an unsecured document.
[Wachovia Bank Branch Manager] It’s like when someone comes in here with a Cashier’s Check from Ohio, they don’t have to guarantee it. They could not honor it.
[Stan J. Caterbone] Well sure the bank could be closed (shut down).
[Wachovia Bank Branch Manager] So, that’s why we have to have a 2-3 day hold.
[Stan J. Caterbone] You mean I can’t buy another Cashier’s Check from you?
[Wachovia Bank Branch Manager] Now you could once the money is available. Once the funds are available you could buy a Cashier’s Check. That’s what you could do.
[Stan J. Caterbone] Where did you get this definition of a Cashier’s Check?
[Wachovia Bank Branch Manager] A Cashier’s Check isn’t always guarunteed.
[Stan J. Caterbone] That wouldn’t be a Cashier’s Check then.
[Wachovia Bank Branch Manager] Some Cashier’s Checks are fraudulent and they need to …
[Stan J. Caterbone] Of course, if it is a fraud (laugh).
[Wachovia Bank Branch Manager] It would still be a Cashier’s Check. Right, you still have to go through Fulton Bank, you still have to file the check and wait 2-3 days.
[Stan J. Caterbone] I did not like your explanation for a Cashier’s Check that they can hold that check, and they can’t.
[Wachovia Bank Branch Manager] Well they can. Wachovia can. They can hold the check.
[Stan J. Caterbone] How can they hold my check?
[Wachovia Bank Branch Manager] You see whenever they deposit a check …
[Stan J. Caterbone] No. You said Fulton could not pay it.
[Wachovia Bank Branch Manager] Ya, Fulton could not pay it. Fulton could say we are not going to pay that check.
[Stan J. Caterbone] How can they not pay that check?
[Wachovia Bank Branch Manager] They can do that. It’s a Cashier’s Check.
[Stan J. Caterbone] No they can’t.
[Wachovia Bank Branch Manager] Yes they can. That is up to them. Wachovia rules are like this. Once we deposit that check, it takes 2-3 business days.
[Stan J. Caterbone] You were citing Fulton Bank rules.
[Wachovia Bank Branch Manager] Yea, Fulton does not have to honor that check.
[Stan J. Caterbone] Sure they do, it’s a Cashier’s Check.
[Wachovia Bank Branch Manager] They don’t. That is something you are going to have to ask Fulton.
[Stan J. Caterbone] Why are you saying they don’t have to honor it?
[Wachovia Bank Branch Manager] Because they don’t. It’s like walking in with a regular check.
[Stan J. Caterbone] On it’s not. A Cashier’s Check is already guaranteed. That’s how you get a Cashier’s Check. You have to have guaranteed funds. You have to confirm the guaranteed funds or else it would not be a Cashier’s Check.
[Wachovia Bank Branch Manager] It, still sometimes it is denied.
[Stan J. Caterbone] How?
[Wachovia Bank Branch Manager] They don’t have to honor it.
[Stan J. Caterbone] How?
[Wachovia Bank Branch Manager] I don’t know how Fulton does it, but sometimes they just don’t honor it.
[Stan J. Caterbone] How can they not honor a Cashiers Check?
[Wachovia Bank Branch Manager] They don’t have to honor it. It is up to that bank not to honor it.
[Stan J. Caterbone] No it’s not. That would be breaking the law.
[Wachovia Bank Branch Manager] No, not necessarily.
[Stan J. Caterbone] Unless it was fraudulent.
[Wachovia Bank Branch Manager] You are going to have to put the check in and wait 2-3 business days. So if you go 2-3 business days starting today, you go Monday, cause Monday would be 2 business days.
[Stan J. Caterbone] I though you said next day.
[Wachovia Bank Branch Manager] We could put it in next day ticket. We could do that for you.
[Stan J. Caterbone] So how does a next-day ticket work?
[Wachovia Bank Branch Manager] The next-day ticket gives you funds availability the next business day. The next business day.
[Stan J. Caterbone] So, I would have $17,000 available the next day?
[Wachovia Bank Branch Manager] You got it.
[Stan J. Caterbone] And how much can I use today?
[Wachovia Bank Branch Manager] Um, I have to take it up to the teller and see what they can give you back.
[Stan J. Caterbone] I just want it in my account.
[Wachovia Bank Branch Manager] You want to put all of it in your account?
[Stan J. Caterbone] Yea.
[Wachovia Bank Branch Manager] O.K. we can do that. Just take it up to the teller.
[Stan J. Caterbone] I have a couple of questions before we do this.
[Wachovia Bank Branch Manager] O.K.
[Stan J. Caterbone] What’s my account balance?
[Wachovia Bank Branch Manager] Your account balance is $1.50.
[Stan J. Caterbone] O.K. what if I use $ .85 cents of that today? How is that going to work?
[Wachovia Bank Branch Manager] You would withdraw $ .85 cents?
[Stan J. Caterbone] No, if I use my bank card for $ .85 cents?
[Wachovia Bank Branch Manager] It’s going to come out $ .85 cents.
[Stan J. Caterbone] What is my balance going to be?
[Wachovia Bank Branch Manager] $ .65 cents.
[Stan J. Caterbone] Then what happens?
[Wachovia Bank Branch Manager] You would have $.65 cents available.
[Stan J. Caterbone] Then what happens?
[Wachovia Bank Branch Manager] You mean with the Check?
[Stan J. Caterbone] No, I would have $ .65 cents in there, then you would overdraft me.
[Wachovia Bank Branch Manager] No.
[Stan J. Caterbone] Then why did you overdraft me last month (August) when I a had $20 cents balance? I had a $ .20 cent balance and you overdraft me. Go look at my statement. There was a charge of $5.95 in my account, that left $ .20 cents and you overdraft me $35.00.
[Wachovia Bank Branch Manager] There was $5.15 in your account. You bought something from Marion Courtroom for $3.95. Then you also purchased something from Lancaster Newspapers for $4.95 cents.
[Stan J. Caterbone] No. No. Look the statement. Your Wrong. My statement says otherwise.
[Wachovia Bank Branch Manager] This is your account (on computer screen). $4.95. Then on the 13th (August) …
[Stan J. Caterbone] No that’s wrong – Go look at my statement.
[Wachovia Bank Branch Manager] Your wrong. This is the statement. You made a deposit on the 18th (August).
[Stan J. Caterbone] I got the statement. There’s a .20 cent balance left after the $5.15. That was Friday night after the deposit left $ .20 cents. Marion Court was on the 15th (August). I made a deposit on Friday.
[Wachovia Bank Branch Manager] Your wrong. This is the statement (computer screen), you made a deposit on the 18th.
[Stan J. Caterbone] No, I made a deposit on the 15th at 4:00pm. She cashed the check.
[Wachovia Bank Branch Manager] I’m telling you it did not come through that way.
[Stan J. Caterbone] Well there’s a $ .20 balance on my statement. After the $5.15, after the Lancaster Newspaper. That left $ .20 cent balance in my account. That Marion Court was on Friday night. That did not hit until the 18th (August). I’m telling you that is wrong.
[Wachovia Bank Branch Manager] $4.95, Now that is wrong. Sir, I’m going off what this says.
[Stan J. Caterbone] Well, I’m telling you that is wrong.
[Wachovia Bank Branch Manager] This is why you got the overdraft.
[Stan J. Caterbone] How?
[Wachovia Bank Branch Manager]The way I’m looking at it you had $5.15.
[Stan J. Caterbone] After the $5.15 I had $ .20 cents.
[Wachovia Bank Branch Manager] This is the $4.95
[Stan J. Caterbone] I had $ .15 cents ($ .20) in my account. I wwent to yiour teller and I said I need these funds available for the weekend. Here is a check for $50.00 from a District Magistrate (Refund for Driving Under Suspension Charge by Pennsylvania State Police that was dismissed). Why weren’t they available?
[Wachovia Bank Branch Manager] The funds weren’t available until the 18th.
[Stan J. Caterbone] She (Wachovia Bank Teller) told me they would be available for the weekend. (I would have just cashed the check and used the cash for the weekend if Wachovia would not have lied)
[Wachovia Bank Branch Manager] If you deposited cash they would not be available till Monday (August 18th). Your talking about…
[Stan J. Caterbone] So what happened?
[Wachovia Bank Branch Manager] They would not be available till the 18th.
[Stan J. Caterbone] I showed her (Wachovia Bank Teller). I said I want to use these funds for the weekend. I .. Here is what happened. First I deposited the check. I said now wait. I don’t want to do that. I need these funds for the weekend. There was another woman in line. (I waited until she was done with her transaction). I went back, she did it over. She deposited the cash so I could use the card (Debit Check Card) for the weekend. Plus, it had a $.20 balance in it.
[Wachovia Bank Branch Manager] You overdrafted.
[Stan J. Caterbone] She said that I could use the card for the weekend.
[Wachovia Bank Branch Manager] The was it’s on the system here, it says $5.15 on the 12th, so if you…
[Stan J. Caterbone] No, that was automatic (Lancaster Newspaper). There was $ .20 cents after that.
[Wachovia Bank Branch Manager] So. But the $5 on the 15th came through.
[Stan J. Caterbone] What came through?
[Wachovia Bank Branch Manager] Marion Court.
[Stan J. Caterbone] That was not until Friday night, after I made the deposit.
[Wachovia Bank Branch Manager] That too was on the 18th.
[Stan J. Caterbone] No, that was on the 15th.
[Wachovia Bank Branch Manager] That came through on the 18th.
[Stan J. Caterbone] No it didn’t. Your wrong. Why did the send me a different transaction sheet (Monthly Wachovia Bank Statement)? Did you look at the online statement and the paper statement? There was a $ .20 cent balance.
[Wachovia Bank Branch Manager] I’m looking at it here (computer screen).
[Stan J. Caterbone] Well, somebody is lying.
[Wachovia Bank Branch Manager] Give me a second. (long pause)
[Stan J. Caterbone] Listen Sir.
[Wachovia Bank Branch Manager] Look here.
[Stan J. Caterbone] No, I have my statements. She (Wachovia Bank Teller) me I could use the card. Somebody lied to me.
[Wachovia Bank Branch Manager] I don’t know how it came in, but you have an overdraft.
[Stan J. Caterbone] Somebody lied to me. Somebody’s lying.
[THE END]
I walk out if Wachovia Bank and immediately proceed to Fulton Bank (Manor Shopping Center Branch) and cash the $17,306.80 Cashier’s Check and have another Cashier’s Check issued for $17,106.80.
Wachovia Bank Statement and Online Statement all show a balance of $ .20 cents followed by an overdraft of $35.00 followed by a deposit of $50.00.
The Wachovia Bank Check Card brochure states the following under FAQ (Frequently Asked Questions: “How do I track my transactions?” “
Your monthly statement checking statement shows the date, amount and location of every purchase and ATM transaction you make. Plus, you can go online using Wachovia’s Online Banking to track your account activity anytime.” ©2007 Wachovia Corporation 073269 printed on back of brochure.
There are no disclaimers regarding times for posting transactions to your account, suggesting everything with the online statements occur real-time.
Definition of a Cashier's Check
A cashier's check (also known as a cashier's cheque, bank check, official check, teller's check, bank draft or treasurer's check) is a check guaranteed by a bank. They are usually treated as cash since most banks clear them instantly. However, banks are permitted to take back money from a "cleared" check one or two weeks later if subsequent processing finds it to be fraudulent.
A check written by a financial institution on its own funds. It is then signed by a representative of the financial institution and made payable to a third party. A customers who purchases a cashier's check pays for the full face value of the check and usually also pays a small premium for the service. These checks are secured by the funds of the issuer - usually a bank - and include the name of a payee (the entity to which the check is payable), and the name of the remitter (the entity that paid for the check).
An individual could use a cashier's check instead of a personal check to guarantee that his or her funds for payment are available. A cashier's check is secured because the amount of the check must first be deposited by the individual into the issuing institution's own account. The person or entity to whom the check is made out is then guaranteed to receive the money when cashing the check.
Cashier's checks differ from certified checks in that the funds owing on a cashier's check are taken from the issuer's account, while the funds owing on a certified check are taken from the remitter's account.
September 11, 2008
Tina R. Schmalhofer
Customer Service Representative
Fulton Bank
One Penn Square
Lancaster, PA 17602
RE: Meeting of September 11, 2008 to Open Checking Account with a $17,306.80 Cashiers Check from Fulton Bank
Time of Meeting: Approximately 10:30am
DENIED OPENING OF "FREE CHECKING" ACCOUNT
Dear Ms. Schmallhofer;
First you said you were Lisa Ruth, then you said you were Lisa Ruth's sister, which is it?
I believe you have at least misstated Fulton Bank policies, and may have violated Federal Banking regulations.
How can one (1) branch, the Penn Square branch have a policy of not issuing debit cards for a period of six months, and all other branches issue debit cards immediately, as you have stated? That makes no sense, unless you have a discriminatory practice towards the low income residents of downtown Lancaster.
I also asked you if you were able to put a stop balance of $0.00 on the debit card to avoid any overdrafts, and you stated "No", none that you were aware of. You should have asked a supervisor or someone that could have provided you with the answer since it was apparent you were never asked the question.
As for the Chexsystem, you stated that you had to call to get approval due to the chexsystem computer being down at the time. I don't believe that. In addition I have had a checking account in good standing at wachovia bank since September 24, 2007.
You have also violated your Fulton Bank Employee Code of Ethics Policies.
Please see attached.
Stan J. Caterbone
cc: Stephanie Carfley
Barley Snyder, LLC