-22- bricks, it would have been impossible for him to have obtained such information in 2000. With respect to petitioner’s testimony regarding the alleged humidifier theft, such testimony was vague as to when he became aware of that alleged theft. Indeed, petitioner did not even give a timeframe in such testimony. Petitioner’s only testimony with respect to the alleged humidifier theft was that “We also were charged for humidifiers that were not installed. That was $1,000 that we asked for verification for and did not receive verification for.” On the record before us, we find that petitioner has failed to carry his burden of establishing that he became aware of the alleged brick theft and the alleged humidifier theft in October 2000 or at any time in that year.9 On that record, we further 9Petitioner declared under oath (petitioner’s declaration) in the April 11, 2003 application filed with the District Court of Maryland for Anne Arundel County that “Between July 25, 2001 and Aug 8, 2001, Garrett Mona, Patrick Mona and Nick Mona inten- tionally misrepresented their intent to * * * repair defective work that existed at that time” in the custom house. That declaration indicates to us that petitioner became aware of certain unspecified defective work in the custom house sometime prior to his moving into that house around Aug. 29, 2001. We infer from petitioner’s declaration in the April 11, 2003 appli- cation that petitioner became aware of certain defective work in the custom house sometime in the summer of 2001. That inference is consistent with other statements that petitioner made (1) in the April 11, 2003 application, (2) in the November 8, 2002 letter to the Maryland Attorney General, and (3) in the insurance litigation counterclaim. Petitioner’s declaration in the April 11, 2003 application does not evidence that petitioner became aware of any defective work in the custom house in 2000.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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