Carolyn D. Fenderson - Page 6

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          a calendar in which she recorded her activities related to the              
          rental units (petitioner’s calendar).  Some of the entries made             
          in the calendar relate specifically to one or another of the                
          rental units; many entries merely show the words “auction”, or              
          “sheriff’s listings”.  Some of the entries appear to be                     
          reminders, or relate to upcoming events, rather than a record of            
          an event that actually occurred.  For example, on those days when           
          the word “auction” is noted, it cannot be determined whether                
          petitioner actually attended an auction, or merely marked her               
          calendar to show that the event was scheduled on that date.                 
          Similarly, many notations show a 4-hour period for “gas” or                 
          “electric” with respect to one or another of the rental units.              
          Again, it cannot be determined whether petitioner actually spent            
          4 hours on that date waiting for someone from one utility company           
          or another, or whether petitioner merely noted the date and time            
          frame when the utility company employee was scheduled to arrive.            
          Some of the entries contained in petitioner’s calendar are                  
          clearly personal in nature.  For example, on July 4, petitioner             
          noted “Carol’s house, take salad and merlot”.  On other dates, a            
          person’s name is listed, but the relevance of that person’s                 
          involvement, if any, with a particular rental unit cannot be                
          determined from the entry on the calendar.                                  

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Last modified: March 27, 2008