a witness herein, having been first duly sworn, was examined and testified as follows:



Q. Officer Pusateri, would you state your name,


A. Tony Pusateri.

Q. And you're a police officer in the Borough?

A. Yes, I am.

Q. And what rank do you hold?

A. I'm a Sergeant.

Q. And how long have you been a police officer in

the Borough?

A. 21-plus years.

Q. And you do the math for me. When did you


A. 1978.

Q. Thank you. Have you had an opportunity to

observe the property at 479 Perry Highway?

A. Yes, I have.

Q. How is it that you see that property? Do you go

by it every day?

A. I drive past it regularly.

Q. And during the course of the 21 years that

you've been a police officer in the Borough, have you

ever noticed anyone parking on the sidewalk or in the

front area of that building?

A. Not on a regular basis, no.

Q. When you say, "Not on a regular basis,"

would you explain to the Board what you mean?

A. Since 1978, I have seen cars parked on that

sidewalk very seldom. I have seen in that time frame

people unloading vehicles in that location, which at

that time, as a police officer in West View, I never

chased the people. Because it was like a courtesy

that I would extend to them to unload their vehicle.

But the vehicles would always move shortly

thereafter. It was never considered a parking spot.

Q. You weren't involved in any of the

citations that were issued. Were you?

A. I think I did issue one of the parking tickets.

Q. And would you explain very quickly to the

Board what your observations were on the day that you

issued that ticket, if you recall?

A. Mr. Ballon's vehicle was parked on the

concrete portion in front of his business.

Q. And you issued a traffic citation?

A. A parking citation.

Q. And that was later dismissed. Correct?

A. I don't remember. I can't remember what

happened to them.

MR. BAXTER: You may cross-examine.

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