Berks Democrats

Out of Control Constables

The constable who came by the house last night to make an arrest based on a traffic ticket incurred after FEEDING THE METER in Reading and not being notified prior, failed to produce identification when I asked his identity.  He also refused to show me the papers issued by Tom Xavios' Magisterial District Court.  After I explained my problems with this office he denied working out of it.  Constables, especially in Reading, all work out of specific courts.  Then he called me a liar and said he didn't trust me to go to the court today.

Since when do law enforcement personnel fail to produce proper identification when asked?  All I know about this man is his last name is Weder or Wieder.  Nor producing ID is a serious mistake.  How are people to know the person at their door isn't some joker with a t-shirt and dime store badge?  After he refused my offer of going to the court today then to the Mayor's office for a frank discussion of the corrupt parking authority in Reading he refused to accept my check.

I was ready and willing to pay him the exorbitant amount I was being shaken down for in return, as I put it, for getting my pound of flesh about this on my blogs.  It's time this scam was exposed.  I was tempted to write something immediately after receiving that ticket but deferred feeling it would damage the Mayor's campaign.  I won't ever make that mistake again.

I've heard very offensive remarks from various constables over the years.  Very racist, bigoted, intolerant statements made against minorities and gays.  I was actually investigating constable misbehavior the day I got this ticket.  Fliers were being distributed around the city, something which seems to happen in each election, spreading inaccurate smears and without the legally required disclosures as to whom paid for and distributed the fliers.  I tracked these down to a group of constables working for one of the Mayoral candidates.  I wasn't able to obtain direct proof however so I didn't write the article.  Therefore I won't mention the constables involved or the candidate.  It's only a matter of time, however, until they get caught.

It's ironic that I defended constables after The Reading Eagle published articles some described as "hit pieces."  I corrected the record about they are paid and how hard the top paid constables work for their incomes.  It's a shame the bad ones tarnish the good ones.

Tom Xavios' Parking Ticket Scam

I'm fed up with the parking ticket scam District Judge Tom Xavios has been running.  Tonight one of his constables showed up with an arrest warrant for a ticket I got last May while covering Mayor McMahon's campaign.  The problem is I put four quarters in the meter that day and returned to my car before time expired.  A ticket was on my windshield even though I'd fed the meter.

I took pictures immediately to document the evidence.  Because I fed the meter I knew I would contest the ticket but no opportunity came to do so because we were never notified of a hearing by Judge Xavios.   Now he wants $122 for the $1 I already put into that parking meter.

Be very careful going into Reading if you must park.  To make matters worse this isn't the first time Xavios has scammed me.  A number of years ago I got a ticket while parked, legally, in a handicapped space outside the courthouse.  While inside someone put a temporary no parking sign up and ticketed my car.  When I parked there was no sign.  I confronted a city worker about the sign and ticket when I exited the courthouse and was told they'd erected it after I went inside. 

Judge Xavios never notified me of that hearing either and he pocketed the money I ponied up to have the hearing.  I filed a formal complaint against him with the Judicial Conduct Board for his scam.  Now he's hit me again.

My best advice to all:  stay out of the City of Reading.

Update:  I just returned from having to drive into Reading, find Judge Xavios' court and pay the fine for a parking offense I didn't commit.  The staff there was as unprofessional as their constable.  The clerk wouldn't even look me in the eye then complained that I wasn't speaking while she was looking away.  I thought she was talking to someone else as I'm accustomed to people looking at me when they're addressing me.

This is going to be the most expensive $123 Reading ever collected.  Anyone doing an internet search for parking in Reading is going to read this article.  My advice:  do not park in downtown Reading unless you appreciate getting scammed.  This is three times I've been ticketed while legally parked.  I paid one rather than fight a corrupt system.  Why anyone would consider investing in a major hotel downtown is beyond comprehension.

The constable kept calling me a lair last night for saying I'd be in the court today to deal with this.  Now we know who the liar is.  He refused to accept my payment so I was forced to drive into Reading.  It is the last time I'll be in Reading for a while.  Each week instead of writing about the County Commissioners meeting I'll remind readers why I'm not there.  Mayor McMahon has some work to do to clean up this mess.

News & Notes

There wasn't any parking available Tuesday so I missed the Commissioners meeting.  I saw on the agenda that a resolution to rescind the $625,000 allocated for the Riverplace amphitheater is already on the agenda for a vote tomorrow.  It didn't take long for the new Board to destroy this riverfront development project.  The odds of state funding being available later is slim and Christian Leinbach and Mark Scott seem dead set against the project.  Kevin barnhardt also indicated he will vote to rescind the funds.

There seemed to be some dissension about these monies not being included in the County budget and some mystery as to where they would come from but with an $83 million surplus projected by the end of this year and Scott's unwillingness to cut taxes in accordance with that surplus it seems to me the money is available.

I was at the Democratic state committee last Friday and Saturday and covered it for my main blog.  There are a number of articles there including information on the four candidates now running for the 6th Congressional District nomination.

I also got the new statewide voter registration database while in Harrisburg last week and, as of January 2nd, Judge Jeffrey Schmehl is still a Republican.  Hmm, someone still owes a rather serious apology about that.

There was a workshop Friday morning about campaign finance law and some of what we've discussed on this blog about county committee filings was discussed.  The lawyer said there were no problems with having financial secretaries and checks and balances on funds.  Hmmmm.  They also reiterated that when paid employees do significant work for campaigns that needs to be reported as in-kind contributions.  The other interesting item which caught my ear was the prohibition on labor unions contributing.  I see one particular local union contributions popping up regularly in local campaign finance reports.  Hmmmm....  Are people just not reporting correctly or are they taking union money in addition to corporate contributions?

Exeter Appoints Zoning Member Secretly

Exetrer Township is still at it, denying the public the open government they deserve.  After violating their own rules for replacing Dave Barbieri as Supervisor they've replaced him on the Planning Commission in a secret meeting.  They claim they do not need to advertise such meetings or allow any public comment or feedback.

This attitude that the people who live in Exeter aren't entitled to open government is wrong, terribly wrong.  Remember this 57% tax increase the next time you vote.

More Hijinks In Exeter

The Exeter Township Supervisors were at it again last night.  It isn't enough that residents are upset about new schools being built on preserved farmland, a country club which is bleeding money, and having another large shopping center shoved down their throats, now the Board violated their own rules in replacing one of their members.

David Barbieri resigned his seat on the Board of Supervisors soon after a rash of very negative publicity about his conduct.  The Supervisors then passed a motion (an official act) to interview all potential applicants on one night and select a replacement.  Twenty five citizens responded and applied for the open position and 24 of them showed up for the meeting designated for this purpose.

Let's recall the fact the Supervisors passed an official motion saying this would be done in one meeting.  Well, the person they wanted to appoint because he supports their massive new traffic jam plan called Exeter Commons couldn't make that meeting.  What to do?  They simply ignored their own motion and rule and scheduled another meeting strictly for Mr. Kennedy.

If someone wants to challenge this they could file a suit against the Supervisors in Common Pleas Court for violating their own rules.  It might be fun to watch them explain to a judge why they violated their own duly passed motion.

Random Thoughts

I see where the Board of Elections met once again without good public notice.  The County website says they meet on Thursdays, "as needed."  This isn't sufficient legal notice to citizens.  The Reading Eagle publishes a list of all public meetings every Monday.  I maintain that if the Board of Elections cannot list its meetings there they aren't legal.  As such someone should challenge the official results approved at yesterday's secret meeting.  Frankly, I'm fed up with seeing this happen time and time again.

The Eagle also reported that Judge Stallone has frozen the District Attorney's fund at the Berks County Community Foundation pending the lawsuit filed by Mayor McMahon.  This was probably the single biggest factor the public had in voting Mark Baldwin out of office.  Most voters weren't ware of the  myriad of other issues involved but they understood this.  Kudos to Dan Kelly of The Eagle for his excellent reportage.

On the other hand the newspaper keeps reporting on Wes Snyder's pyramid scam and its collapse without disclosing the fact some of their employees were victims.  Ethics require them, IMHO, to do this every time they report or opine on the story.  Readers need to know that Eagle people have a vested interest in seeing justice served.

Tom Herman's kangaroo court is scheduled to meet Saturday to discuss my suspension.  Stratton Marmarou, a Caltagirone crony, is the Chair.  For some reason they seem to think I would dignify their illegal actions against me by appearing.  They even violated my due process rights by not disclosing the members of the body sitting in judgment.  That makes this more of a star chamber actually than simply a kangaroo court.  I've also heard that Tom Herman left a very vile and threatening message for another Committee person on their answering machine.  It's a disgrace to see what's become of the Berks County Democratic Committee under his leadership.  I hate to say "I told you so" but I did.

O'Pake Announces Property Tax Reform Plan

State Senator Michael O'Pake has introduced a good plan for eliminating school property taxes in Pennsylvania.  Unlike Republican plans, especially that of Sam Rohrer, which shift the financial burden to those most unable to afford it, O'Pake proposes a graduated, progressive income tax.  Pennsylvania is one of only eight states which don't tax the wealthy and rich more than the poor and the middle class. 

The only reforms available for property tax relief involve shifting the tax burden.  Schools cost money and as energy costs, salaries and other expenses rise so do taxes.  Homeowners shouldn't face the burden of paying for their homes even after paying for their homes.  Senior citizens who spent their lifetimes buying their abodes should be safe and secure in them for as long as possible without the fear of losing them to sheriffs sales.  This should also go for county property taxes.

While we're at it why don't we solve both problems at once?  The new law would require a constitutional amendment because Pennsylvania's document says every tax must be levied equitably on all citizens. Unfortunately constitutional amendments take time.  They must be passed by successive sessions of the House and Senate (that means two different election classes so this current crop and the one after next fall's election) then face a voter referendum.

That means we're looking, at least, three years down the road. Considering how long property tax reform has been an issue, it's almost here.

The differing plans being offered differ in a very fundamental aspect.  Sam Rohrer's plan calls for the tax burden to be shifted to a significantly increased sales tax.  Sales taxes are regressive taxes because they affect the poor much greater than the rich.  Graduated income taxes are progressive in nature because, instead of hitting those least able to afford them, they hit the rich and wealthy.

O'Pake's plan would increase the tax rate beginning at $100,000/year.  No one with income below that would see an increase from the current rate.  After $100,000 every additional $50,000 in income would increase the rate by 1/2 point.  The rate maxes out at 6.57% at an income of $400,000.  The new income tax would generate enough money, along with slots gaming revenues, to cover the amount of funds raised by school property taxes.

O'Pake's bill would also legislate that school districts could not reimpose property taxes.

Update:  I had a call in to Sen. O'Pakes' office with a few questions.  First, the income tax only applies to earned income and secondly the constitutional amendment process can be shortened by a two thirds vote of both chambers.  That would hasten the implementation of the reform.  Details are provided on his Senate website through the above link.

McMahon Sues Baldwin Over Drug Money

We all knew this was coming the minute Mark Baldwin announced he was going to break the law by giving $1.1 million in drug forfeiture money to the Berks County Community Foundation instead of the City of Reading.  As we reported here after it happened, the law is quite specific about what organizations qualify to receive such funds.  The Berks County Community Foundation doesn't meet the guidelines.

The Reading Eagle has been extremely critical of the way the District Attorney handled this matter implying quite strongly he held the money for several years then created the District Attorney's Anti-Drug Fund just before his re-election campaign began.  Now Baldwin is crying politics.

Isn't that the pot calling the kettle black?  Of course politics is going to play a part, it has since the inception of this issue.  Baldwin was playing politics with the money and McMahon, in a tough race for re-election, must show the people of Reading he is going to fight for their money.  The DA had a formal agreement with Reading to turn over 80% of all drug forfeiture money seized in the city.  He's going to have a tough time convincing a court that contract isn't valid.

This is simply the latest in a line of lawsuits filed against Baldwin's office.  During his tenure he, as District Attorney, has been sued for sexual discrimination in his office, age discrimination and disability discrimination.  He was personally involved in the ADA violations, forcing an ADA on oxygen to lug her tank as far around the courthouse complex as possible as some sort of sadistic punishment.  Taxpayers settled these suits and paid significant legal fees as a result of the conduct of his office.

John Adams has all the documents from these cases posted on his website.

While on the subject of litigation involving candidates I'd like to mention the race for Judge.  Tim Rowley is being criticized by his opponent for bringing up Ron Stanko's various legal troubles.  Stanko is accusing Rowley of lying.  I have the documents and the allegations leveled by Rowley are true.  Stanko did have his home docked for failure to pay property taxes.  He did default on a $250,000 SBA loan and he was cited by a Judge in one of these cases for not knowing the law.

The biggest instance, in my mind, is the fact Ron Stanko got caught by the court hiding $25,000 in community property from his first wife during their divorce.  Not only did he try to cheat her, he went to great lengths to hide the payment by laundering it through a real estate transaction.  Character counts in Judges and Stanko's extensive legal docket shows he doesn't have the character to sit on a bench anywhere.

I repeat, I have all the documentation and will support Rowley's claims.  I regret that the recent threats of litigation, intimidation and bullying against me by the Berks County Democratic Committee and Rep. Tom Caltagirone meant I ceased covering the local campaigns and I haven't documented all these cases and abuses about the GOP candidates.

When you add in the fact Stinko announced several endorsements which didn't exist, has repeatedly used a picture of Wyomissing's police chief, in uniform, in his mailings, used his Office of Mayor to hang his nominating petitions publicly in Borough Hall in violation of law, and numerous other transgressions, it's clear who the choice for Judge is this year:  Tim Rowley.

NPR Coming to Lancaster

National Public Radio is coming to the Lancaster area as WXPN-FM (University of Pennsylvania's station) will also be broadcasting from a tower in Middletown.  WXPN is at 88.7 on your FM dial.  This new signal will be heard in Lancaster, York and Lebanon Counties.  It already serves the Harrisburg (Dauphin County) area.  I often have trouble finding NPR while driving the turnpike after I lose it around Lancaster so this is welcome news.

The Local Mortgage Fiasco

The collapse of Personal Financial Management, a mortgage broker in Exeter Township, has everyone talking.  800 clients are out $40 million and suddenly homeowners are discovering they're late on their mortgage payments and those payments are increasing.  What did they expect when their greed led them into some very foolish financial decisions?  I can't say I'm finding much sympathy.

These people, on their own volition, succumbed to a scheme wherein they financed more on their home sthan necessary, sometimes up to 50%.  They were told they didn't have to repay these funds and that they'd be invested but they'd get the returns?  Sure, and I just perfected a method to spin straw into gold.  P.T. Barnum was correct, there's one born every minute.  Wes Snyder found 800 fools to buy into his pyramid scheme.

Obviously there was fraud or serious lack of disclosure involved, but who in their right mind borrows more on their home than absolutely necessary?  This got to be an entire mortgage marketing gimmick the past decade as homeowners put their houses on the line to finance their credit cards, a financial strategy that was reckless and irresponsible.  Millions did so though and now they're facing foreclosure too.

PFM's clients wanted something for nothing and fell for Snyder's scheme.  I'm sorry but I'm not sympathetic.