Luzerne County prosecutors appeal judge’s ruling over $7,381

web1_breneman2.jpg

PSU’s Breneman sidelined again

<p>KINGSTON TWP. &#8212; As a licensed vehicle salvager for 35 years, City Wide Towing proprietor Robert Kadluboski said he has never encountered a road block with a police department that refused to verify an owner of a vehicle he towed.</p><p>Until now.</p><p>District Judge James Tupper ruled against Kadluboski and in favor of Plymouth Borough police who refused to verify the owner of a Ford Econoline van removed from private property on West Shawnee Avenue earlier this year.</p><p>Tupper issued his ruling after a summary trial last week.</p><p>Kadluboski said Tuesday he wants to sit down and talk with Plymouth police before he decides to challenge Tupper&#8217;s ruling in Luzerne County Court.</p><p>&#8220;All these years of towing, I&#8217;ve never seen anything like this,&#8221; he said.</p><p>Kadluboski filed a civil suit against Plymouth police in June seeking $1,500, which included court filing fees and storage of the van at his impound yard.</p><p>Kadluboski claimed he was asked to tow the van he said was illegally parked on private property. When he asked police to find the van&#8217;s owner through the vehicle identification number, police refused.</p><p>Acting police chief Ryan Williams testified his department was unable to verify the owner with the Pennsylvania Department of Transportation because the proper paperwork had not been completed.</p><p>Williams cited the vehicle code, which Tupper referred to in his ruling, that states property owners are required to complete a specific form related to abandoned vehicles on private property. Once the paperwork is submitted, police then have the authority to verify the owner through PennDOT records.</p><p>Kadluboski said the van he towed was not an abandoned vehicle but an illegally parked vehicle, noting the vehicle code superficially says &#8220;abandoned vehicle.&#8221;</p><p>Plymouth Code Enforcement Officer Carl Telesco testified at the summary trial that he was inspecting the apartment building and advised the property manager a van blocking a cellar door had to be moved. Telesco said he never called or asked Kadluboski to tow the van.</p><p>After Telesco&#8217;s request to have the van moved, the property owner had Kadluboski tow the van, Kadluboski said.</p><p>Kadluboski, who could not recall the date he towed the van, said the vehicle remains in his impound yard.</p><style>
.neFileBlock {
	margin-bottom: 20px;
}
.neFileBlock p {
	margin: 0px 0px 0px 0px;
}
.neFileBlock .neFile {
	border-bottom: 1px dotted #aaa;
	padding-bottom: 5px;
	padding-top: 10px;
}
.neFileBlock .neCaption {
	font-size: 85%;
}
</style>
<div class='neFileBlock'>
<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2015/09/web1_Robert-Kadluboski-8-26-15.jpg">
<div class="neCaption">City Wide Towing owner Robert Kadluboski arrives at a district court office in Kingston Township last week for a civil suit he filed against Plymouth Borough in a towing dispute. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2015/09/web1_Robert-Kadluboski-8-26-15.jpg</photo0><caption0>City Wide Towing owner Robert Kadluboski arrives at a district court office in Kingston Township last week for a civil suit he filed against Plymouth Borough in a towing dispute. </caption0><photoCredit0>Clark Van Orden | Times Leader </photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Ed Lewis</p><p>elewis@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Ed Lewis at 570-991-6116 or on Twitter @TLEdLewis</p></shirttailMeta></div>

Kadluboski loses civil suit against Plymouth Borough police