Can you imagine what it would feel like to be wrongly convicted of a crime just by doing your job a job you have done exactly the same way for 15 years I live and work in Pennsylvania and that is what has happened to me all I did was notarize an MV-1 using the dealership's registered address. Can you believe I was convicted of false swearing in official proceeding 18 4903 and False application for certificate of title or registration 75 7121 in August of 2007 I know on appeal, I will ultimately prevail, but that could take years. I cannot minimize my most law-abiding actions, as the method I employed to complete a PA state Motor Vehicle form is exactly the way the directions supplied by the state department of transportation prescribe it to be filled. If the judicature would have given my court appointed attorney more than 15 minutes, to prepare for a trial consisting of over 205 outlandish charges, all of which I was found not guilty or they were nol-prosses except for the above I'm convinced the determination would have been more favorable. Notarizing a signature of an employee on a DMV, form an MV-1, using my state registered address, does not criminalize this act and the arrogance of a Superbiate Judge will not make it so as no evidence was presented at trial to substantiate either charge.
My probation officer stated that I am not able to let my deportment go and accept my folly, as immoral. Are you aware, that over the years, that at the very least, 33 Pennsylvanians have been wrongly convicted; then ultimately exonerated and the following list of individuals hence have had the good fortune to experience the vertex of justice. This is just the list for PA and that list includes the following individuals, who surly don't possess any idiosyncratic mannerisms, which put them in harms way or do they? I am curious, to ascertain your assessment of the forgone statement; Paul Antoniewicz, Edward Baker, George Bilger, Dale Brison, George Bilger, Raymond Carter, Willie Comer, Matthew Connor, William Davis, Neil Ferber , Samuel Gleason, Bruce Godschalk, William S. Green, Ernest Haines, William A. Hallowell, Frank Harris, William Kelley, Thomas Kimbell Jr., Barry Laughman, Calvin Lyons, Vincent Moto, Bruce Nelson, Willie Nesmith, William Nieves , Anthony Piano, Edward H. Parks, Edward Ryder, Rudolph Sheeler, Jay C. Smith, Michael Sabol , Andrew Toth , Gerald C. Wentzel, and Robert Wilkinson. Are you familiar with any of the names on this list? The significance, of this list, is that, if any of these individuals sat in the same seat, as I, in the office of a probation officer their story would have been cynically the same story of innocence. If they took that probation officers advice, they would still be sitting convicted, of a crime, they did not commit. I hope you realize that if this list even contained only one name that this list is too long. Justice is blind not because mistakes are made but because justice can only see, the equality endowed in all of us by our society. It's inconceivable for anyone, to expect an innocent man, to abandon his fight, to defend his reputation and liberty. Currently the convictions are under appeal.
If Thomas Jefferson didn't ordain the fact that "The best principles of our republic is to secure to all its citizens a perfect equality of rights", then we would not have had a revolution, and the writing of a Constitution, guarantying certain truths, to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and inalienable rights; that among these, are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. If Jefferson didn't take a stand, we would still, most likely, be under British rule. I'm not the father or founder, of a nation, but I do see myself, as a patriot, as I love our country. I see it, as my duty, to ensure that what has happened, to me, won't happen to others, similarly situated. Freedom is never free of charge or duty. It saddens me, to think of all of those, who sacrificed their lives, to uphold the principles, of our forefathers, just to see them tossed aside, for the sake of ignorance, arrogance and indifference. Always remember that absolute power corrupts absolutely. The King of England learned that lesson and if I am successful, so will the state of Pennsylvania , in particular, Bucks County .
Have you ever read the book ethics 101, written by John C. Maxwell ? In ETHICS 101, Maxwell explains how people can live with integrity, by using the Golden Rule, as their standard-regardless of religion, culture, or circumstances. Along the way, Maxwell delves into the desires, of the human heart, reveals the five most common pitfalls, that throw people off the ethical track, and teaches how to develop the Midas touch, when it comes to personal integrity. I live my life, by the principles, portrayed in Maxwell's book. I don't do the easy thing. I do the right thing.
Do you remember the lesson, which history teaches, when the masses remain, on the sidelines, dispassionate, silent and oblivious, to what is going on, around them? In the mundane performance of eking out a living, day by day, it's easy to lose sight of one's dreams and rectitude along, with the meaning of why our country is so great and that which sets us apart from the rest of the world. Well I do, I remember what history imbues about what happens, when power is dished out unchecked where the ones, wielding such power, have the confidence, of its bureaucrats. People are complacent by nature, consumed by their own ambitions, living life to the fullest after all, if no one is complaining, there is no predicament. It's true. If this hadn't happened to me, I would not have given it a moment's thought. Nevertheless, it has and I won't stand on the sidelines being silent. Such is the case in Bucks County . In my personal experience, it's with two state police troopers, who belong to a special task force I believe both of them are autocrats; they are routinely committing civil rights violations, criminal acts and all, under the color of the law. They have slandered me, as some sort of criminal undesirable person, to numerous state agencies; making malicious, false, and defamatory statement s. I know what you are thinking. Why? What would make these sworn public servants do such a thing? Troopers, who take an oath, to serve and protect. Well, it may be the unit they work for, "The Vehicle Fraud unit", after all, if all car dealers were honest and there was no fraud, then why do you need such a unit? It's their mandate, the very reason for existence. They may feel that the end justifies the means; if you constantly violate someone's civil rights, you surely can make a lot of arrests and the two of them have. Alternatively, maybe, they just don't know any better. It could be me, personally. I do have, subsequently, a checkered past. When I was young, I didn't possess my present day sense of morality and ethics. I was young, incorrigible and invincible. I wanted to prove, to my father, that I had what it took, to succeed. I rationalized success, by any means necessary, legal or not. I was involved in the used auto parts business. I made mistakes, I have a criminal record and I paid my debt to society long ago. I'm remorseful for my wrong doings and I assure you, I've changed the course of my life. I've learned that success isn't measured in monetary gain; it's measured in personal growth. I liken my transformation, to the one undertaken, by John Newton. Newton was a 16 th century slave-ship owner and after a near fatal sea voyage, aboard a slave-ship, named the Greyhound , in which the ship encountered a severe storm and almost sank. Newton awoke in the middle of the night and prayed to God, as the ship filled with water. Some time after this experience, Newton converted to Christianity. He came to deeply regret and repent his personal involvement in the slave trade, and he later joined William Wilberforce , in the campaign for abolition , that ultimately ended the slave trade in Great Britain . Newton wrote the Christian hymn " Amazing Grace". It's part of the story of my life, Amazing grace, how sweet the sound, that saved a wretch like me! I once was lost, but now am found, I was blind, but now I see'. I had seen the evil in my lack of ethics.
Unfortunately, these troopers only see the past and, I think, subscribe to the adage, " Once a thief always a suspect ". After all, these Troopers are not prosecutors; yet they practice law every day, representing the commonwealth in PA. It's the Peter Principle, "In a hierarchy every employee tends to rise to his level of incompetence." Lastly, maybe, one of the oldest of motivators of all, it could be a simple case of revenge, since I filed a civil suit against one of them, for libel. The reality is, I just don't have an answer, so this is a decisional matter and I leave it to you. All I ask is that you take a look, at the evidence I present here and decide for yourself, where the truth lies.
Starting at the beginning, the Pennsylvania legislature seen a need to regulate, in particular, car dealers, in order to have some recourse, to protect citizens against fraud and other crime. The following statement is the first part of The Board of Vehicles Act (63 P. S. 818.1-818.37). "The General Assembly of this Commonwealth finds and declares that the sale of new and used motor vehicles in the Commonwealth vitally affects the general economy of the Commonwealth, the public interest and public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to license manufacturers, dealers and salespersons of new and used motor vehicles doing business in the Commonwealth, in order to prevent frauds, impositions and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this Commonwealth." It's a good idea to which I subscribe, but I don't think it works very well. For one thing, no law will ever prevent frauds, impositions and other abuses; it does, however, give government recourse to punish those, who commit such offenses. The real issue, as I tell it is, there are literally hundreds of unlicensed dealers', curbstoning. (A curbstoner is defined, as a person, who poses, as a private seller, but who buys and sells vehicles at volumes, that require a dealer license.), all over the commonwealth and no task force exists to combat these underground dealers. Why the sales tax subterfuge alone, must cost the commonwealth millions a year. You literally see them everywhere, the mall parking lot, someone's front lawn, sitting in gas stations, on Craig's list and even the local newspapers. In my mind, this should be who, a vehicle fraud unit needs to combat and not the companies who abide by the rules. Car dealers are only human. They make clerical errors just like everyone else. The driving force of prosecutions to administer punishment for infractions should be "intent". This does not mean that licensed dealers don't intentionally commit violations, but that it is the exception to the rule, as opposed to the status quo. No matter what the industry, there will always be crooked contractors, poor plumbers, lousy electricians, abominable attorneys and even dastardly car dealers. Its human nature, the debase, the greedy, the lazy, the incompetent, for you cannot legislate away human nature. The expense and regulation that is required of legitimate licensed dealers is enormous. The board should provide all applicants with a bull's-eye to wear on their chest. Because when you become a dealer you become a stationary target. Starting with the vehicle board, the FTC, the attorney general, the department of transportation, the revenue department, the state police, the better business bureau and if you sell sales contracts to a bank, the banking department. Car dealers are one of the most heavily regulated industries in the state (can you say the 14 th amendment? let me tell you it's not for car dealers) yet qualifying for a salesperson's, or dealers license only requires that an individual pay a fee. They all will qualify for a license; it's a pathetic system, at best. There is no test of your knowledge or what is required, your duty to a customer or anything along those lines. If this were a prerequisite "a test of industry knowledge", much of the common mistakes that licensed dealers make would most likely not eventuate. Curbstoners only deduct from a licensed dealer's ability to make a profit and stay in business. The bottom line is that curbstoners are selling an inferior product in a manner that is unlicensed and unregulated and leaves no protection or remedy for the unwitting consumer, who was just out to save a few bucks. It's a shame that the bureaucrats don't recognize this side of the whole "vitally affects the general economy of the Commonwealth, the public interest and public welfare, and that in order to promote the public interest" thing, they should concentrate their considerable police power on eliminating the unlicensed dealer "curbstoners", who pay no rent, have no insurance, who have no bond, no utilities to pay, who pay no taxes, who don't go through a lengthy application process, who have no employees to pay, who sell substandard products, to unsuspecting consumers, without recourse or warranty and are undermining the general economy of the Commonwealth.
When talking about "preserve the investments of the citizens of the state" the Pennsylvania legislature is acting under gigantic misnomer. Vehicles are not investments; they are depreciating assets. This is the biggest misrepresentation, promoted in the car business. It reminds me of an old apophthegm "the two best days when you own a boat is the day you buy it and the day you sell it" a car is after all, a machine and machines break. It's inevitable. They require regular maintenance to keep them functional and reliable. The unfortunate truth is that cars are an expense, much more like the gas bill, than a collective investment scheme. If society, on a whole, understood this fact, the car business would not require, as much regulating, as exists today. A car purchase is pretty much unique; there is no other item that a consumer buys that is so complex. There are literally thousands of parts that comprise the makeup of a vehicle and yet there is no product less understood of its mechanical properties than the car. In today's cars, the simplest task, such as adding antifreeze, if done incorrectly, could cost a consumer hundreds of dollars in repairs, to rectify. Really, it all comes down to money and in particular, whose money gets spent to fix and maintain the consumer's newly purchased vehicle. New or used, many people refer to their latest acquisition, as "a new car". Now add into the mix, consumers of meager financial resources and the complaints start to mount. Unlike financially responsible clients, the majority of our customers are financially challenged. As a result, they expect and in some cases, imposition the company to receive help from the selling dealer, as a regular presupposed course of business. I believe this condition of assumption of "to what is fair and due" is due in part to their financial condition, (can't afford to finance a better vehicle) possibly a lack of education, a lack of monetary resources, (don't make or don't plan and save money for mechanical failures) a false sense of who should be responsible for their own property, or a basic lack of understanding of the concept of purchasing a depreciating asset. This prerequisite, I'm convinced, equates to, they don't comprehend the responsibility and pitfalls of vehicle ownership. Its urban folklore the whole "new" thing, it's a sense of misguided morality, which these customers have usurped from dealings, with other car dealers, legal or illegal, over the years, or knowledge of the dealings, from their friends or relatives. They really do think that any vehicle purchase, no matter what the price, from a $500.00 hoopdy to a $25,000.00 highline, whether new or used, the vehicle purchase must perform "neoterically" because its "new" Again, its all about money and the consumer's own perceptions of the terms of the deal and what they think is required of others to make it fair. Ultimately a good deal is only a state of mind.
Now a state of mind is what I wish to convey to you now. Martin Niemller was an early supporter of Hitler, but by 1934 Niemller had come to oppose Hitler and his Nazis. it was largely his high connections to influential and wealthy businessmen that saved him until 1937, after which he was imprisoned, eventually at Sachsenhausen and Dachau concentration camps. He survived to be a leading voice of penance and reconciliation for the German people after World War II. His poem is well-known, frequently quoted, and is a popular model for describing the dangers of political apathy, apathy that breeds tyranny. As it often begins with specific and targeted fear and hatred, in my case, car dealers, which soon escalates out of control. He wrote the following poem and I think it's applicable to the state of affairs existing within the commonwealth today.
"First they came for the Communists, but I was not a Communist so I did not speak out. Then they came for the Socialists and the Trade Unionists, but I was neither, so I did not speak out. Then they came for the Jews, but I was not a Jew so I did not speak out. And when they came for me, there was no one left to speak out for me." (Martin Niemller) Now, my personal story: Since 2003, these law enforcement officers have conducted a campaign of constitutional infringements against me, my employees and my company. In my most recent experience with these two individuals, on 11/29/06, Troopers AAAAAAAA and Trooper BBBBBB walked into my used car lot, at ----------------------------------------------------, and took 19 of my car titles, without permission, probable cause and without any court order or warrant. They have refused to return them, despite due demand. This has caused me great financial hardship and loss, "AAAAAAAA claimed that he had a right to take the titles, under color of his authority", as an officer of the State Police. However, he had and has no such authority. His authority is, at most, to inspect. Titles are not state property. If he found a violation, he should have appeared in front of a judge and obtained a warrant. He had no right to take my property without permission, probable cause, or a court order or a warrant. He has violated my 4th amendment rights. Trooper AAAAAAAA has used his considerable police power and position, as a State Trooper, to conspire with others to violate my constitutional rights, intimidate, harass, annoy and oppress me and other employees at d-------- Auto Sales. On 12/27/2006, Trooper AAAAAAAA and CCCCCC, an inspector, from the state board of vehicle manufacturers, dealers and salespersons, showed up, without notice, (in the change of address application page 5 line 6 "Person to contact to schedule inspection of dealership) to conduct a routine inspection. This was anything but routine. She was there on the request of the Troopers. We recently changed our location and submitted the proper forms and required information to the board. However, Ms. McCusker had no record of that fact and she said that we need to be inspected before we resume operation. She is incorrect, a move in itself does not require an inspection 818.5 (2) Dealers engaged in the business of buying, selling or exchanging used vehicles, trailers or semitrailers shall maintain an established place of business with a salesroom devoted principally to the vehicle business which is a building or portion of a building where books and records are kept. Therefore, we were still a licensed dealer. There is no legislation requiring inspection after a move. The board received our application on 12/07/2006. As a result, Trooper AAAAAAAA informed, (by certifying to) Penndot that I was no longer in business, thus accusing me of violating Title 75 PA. C.S Section 1374 (g). This caused an "O" stop to be issued by Penndot (because he falsely conveyed that we are no longer in business, thus denying us due process, a violation of our 14th amendment rights) which prohibits a dealer from doing business as a dealer. This is a complete fabrication, as the trooper was standing in my office, at our new location and could plainly see that I am still in business. As a result of Trooper AAAAAAAA transgressions, I was forced to file an emergency appeal at The Bucks County Court House at great expense. "I accuse Trooper AAAAAAAA of violating Title 18 of Pennsylvania Consolidated Statutes 3922. Theft by deception, (1) and 3921 (A), Theft by unlawful taking for taking my property namely my vehicle titles, 5301, Official oppression (1) for using his considerable police powers to violate my civil rights, 4904 unsworn falsification to authorities, for conveying to PENNDOT and the vehicle board, that I was out of business and PA 75 of the vehicle code 1119, Application for certificate of title by agent. (c) Persons authorized to hold certificate.-- (1) No person shall receive, obtain or hold a certificate of title recorded in the name of another person for the other person who is not in the regular employ of, or not a member of the family of, the other person. . Also, Title 18, U.S.C., Section 242 and 241, Deprivation of rights under color of law and conspiracy. The troopers have taken the position, which they are above the law and for whatever unfounded reason they have a dislike for me, on some personal level. One even went so far, as to say to me, "that it is not my job to educate you", when I asked him which law or code I violated. I am a business owner and taxpayer in the state of Pennsylvania . The fact that I'm a duly licensed used car dealer does not revoke my constitutional rights, repeal due process or make me a criminal and I feel I should not be treated as one.
In complaint # CR------ second page paragraph 3, the trooper swears, under oath, that we are a licensed dealer. Then in complaint # CR---------- page one paragraph 1, the same Trooper did say, under oath, that The "Defendants, not being properly licensed, to sell motor vehicles within this commonwealth"; this is in conflict with his first statement. Both statements can not be correct, and is a criminal act Title 18 chapter 49 Falsification and Intimidation subchapter A Perjury and Falsification In Official Matters 4902. Perjury (a), (e). These complaints were complied on different days but were filed by the same individual, Trooper AAAAAAAA and executed on the same day. Trooper AAAAAAAA and his partner Trooper BBBBBB have systematically conducted a campaign of intimidation and civil rights violations against my company, me personally and my employees.
On November 30th, one of our vehicles, a 1996 Lexus VIN # 111111111111111 broke down on interstate 95, about a mile from US RT 1 entrance to 95. It was parked on the side of the road and was not a traffic hazard. It was there, for less than 12 hours, before Trooper BBBBBB had it towed, by Pete's Towing and Recovery, to their impound lot, located at 2704 New Rodgers Road Bristol, PA 19007. Pete's Towing and Recovery charged us $481.00, to recover our vehicle. We were charged $110.00 for towing, $200.00 for storage a 10% fee for fuel, $75 for yard fee $35 for administrative fee and $50.00 reclaim fee. No car can be declared abandon, until after 48 hours (see title 75 the vehicle code 102. Definitions. "Abandoned vehicle.") The law only allows charges for towing & storage. Trooper BBBBBB saw this vehicle, on our lot, the day before, when he and Trooper AAAAAAAA were at my lot, to harass our company. The Trooper allowed an "abandoned vehicle report", to be filed, with the state, despite my contacting him, personally, to find out the location, of our vehicle and recover it. Citizens don't have the burden of proof, the commonwealth does; these guys are not lawyers, which would make them unlicensed emblematic pit bulls of justice off their leash and without a handler. Their very existence is predicated, on the belief, that car dealers are criminals, hence the unit name, "vehicle fraud investigation unit". Prosecutors must be a licensed attorney. State law ordains it. It's a blatant disregard of the principle of separation of powers; James Madison drafted many basic laws and was responsible for the first ten amendments to the Constitution. As a political theorist, Madison 's most distinctive belief was that the new republic needed checks and balances. To limit the powers of special interests, which Madison called factions. He believed very strongly, that the new nation should fight against aristocracy and corruption and was deeply committed to creating mechanisms that would ensure republicanism in the United States . The very foundation of our government is being violated by individuals, who don't understand this elemental principle. What makes the constitution the oeuvre it is today, is the right of judicial review. They hold themselves out to be judge, jury and executioner. Every day, within the borders of our Commonwealth, these non-legal minded law enforcement agents practice law while not even possessing the fundamental knowledge of the laws in which they have been entrusted to uphold. It's illegal and immoral. These unlicensed, unknowledgeable, unqualified crusaders, masquerading as lawyers, lack the most rudimentary understanding of the differences between civil and criminal principals. They are representing the commonwealth, in criminal cases, as prosecutors, prosecutors who should only be bona-fide lawyers.
Since 2003, these two Troopers have brought no fewer than 10 cases with a total of over 500 charges, all of which, I was either found not guilty or dismissed / nolle prossed, once reviewed by a district attorney or Judge; except for these two and they are under appeal. Could this be a form of civil punishment without due process? When Trooper AAAAAAAA was in my office on 12/27/2006, I asked him what law I was accused of violating and his response was, "It's not my job to educate you". Just what is his job? To intimidate and harass? I thought investigators ask questions, take statements, decide on conclusions, based on discussions and evidence. Trooper BBBBBB told my wife, before he knew, who she was, to find herself another job because he was going to put me out of business. Trooper BBBBBB said to me "that he (BBBBBB) could not believe how much stuff (illegal activity) his predecessors let dealers get away with". (Statement was made in Judge Robert Wagner's (07-1-04) waiting room) back in 2003. It may just be that his predecessors were better qualified for the job and could tell the difference between contract law and a criminal act.
I have spent over $25,000 dollars defending these baseless charges Now to top it all off, I have been informed by a tag agent, that the state police told the state vehicle board, that we are no longer in business. Now Penndot has placed an "a" stop on my dealer account. Less I remind you, that the duty of the prosecutor is to seek justice, not merely to convict. Remember that little thing called criminal intent. It's a shame, for me, these two are not lawyers. These misrepresentations to authorities are criminal! After all, if you can't believe the state police, who can you, believe. After my treatment, by them, I guess no one. All I did was move my business, from one location to another. That is not a crime and it does not mean I am out of business nor does it revoke my dealer license!
How about a little jurisprudence? Law is an 'interpretive' concept that requires judges, prosecutors and the general assembly, to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. Law is not entirely based on social facts, but includes the morally best justification for the institutional facts and practices that we intuitively regard as legal. One cannot know whether a society has a legal system in force, or what any of its laws are, until one knows some moral truths about the justifications for the practices in that society. It is my position, that unregulated Pennsylvania State Troopers should be prohibited from practicing law, on behalf of the Commonwealth. Their lack of jurisprudence as demonstrated, by their actions against me and other car dealers over the past few years should be self evident as a need for judicial restraint, relief and review. What sorts of punishment should be permitted? It seems to me, that the state is letting law enforcement impose a financial punishment on a particular class of individuals, without due process namely, car dealers. So what is justice? Is it just, that these unqualified Troopers are permitted to practice a craft, that truly qualified persons, spend years learning and attaining proficiency at? What rights do we have? Don't we all have the right to equal protection, under the color of law? Is there not a duty imposed on all citizens to obey the law? These two non-utilitarians, more so than other members of society, the ones we entrust, to serve and protect, should absolutely be held to a higher standard than ordinary citizens and have a unadulterated duty, to uphold justice showing some deontology, by abiding by the constitution . What value has the rule of law, if, the ones entrusted to keep it, violate it, and ignore it? What does it say, for the fabric of our great society, as I iterated earlier, referencing the poem by Martin Niemller, for once the fabric has a tear, every effort should be made, to mend it, before it is rendered unusable and we all become, the actors in that poem.
I accuse the two of them of being autocrats and tyrannical, initiating a campaign of intimidation, civil rights violations and criminal acts. They arrogate their arrogance of power so I pray for relief. Whether their intent was innocent or not, it surely, does not change the facts, as it sorely indurates society's fears. There is no mitigation, for this behavior, only condemnation.
When the government fears the people, there is liberty; when the people fear the government, there is tyranny. Thomas Jefferson This is a quote by Thomas Jefferson and I believe truer words have never been spoken.
The government of the United States is the result of a revolution in thought. It was founded on the principle, that all persons have equal rights, and that government is responsible to, and derives its powers from, a free people. To Jefferson and the other Founding Fathers, these ideas were not just a passing intellectual fad, but recognition of something inherent in the nature of man itself. The very foundation of government, therefore, rests on the inalienable rights of the people and of each individual composing their mass. The Declaration of Independence, written by Thomas Jefferson, is the fundamental statement of what government is and from what source, it derives its powers. It begins with a summary of those inalienable rights that are the self-evident basis for a free society and for all the powers to protect those rights that a just government exercises. I can only pray that the Troopers someday read the Constitution.
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