Robert C. Davis, Jr. - Page 22

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          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.                    




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