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Hearing audio

ZBA Hearing - February 24, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 24, 20262h 41m

Yes.

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that two renters, right? It was Clarence and one tenant. Oh, okay. All right. Clarence,

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the owner, and one tenant. Okay. Since the mid-80s, according to this witness.

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And you're saying that since 2012, when Walter passed away, that tenant, it was just Clarence.

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Yes. To switch gears a little bit, do you remember any

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that Clarence at 3411 Bering had any problem ever with any significant problem with the plumbing?

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There was an incident where the sewer line to the street broke and it was, you can't have that

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replaced. Okay. And by himself? No, somebody came in and fixed it. As we've talked about earlier in

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this hearing there came a time in 2025 when the subject property was put up for sale you're aware

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of that yes okay thank you well maybe we need another microphone all right i i think you just

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push it towards them that's all it'll be it'll be fine did you have occasion to interact with

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any of clarence's family members around that time yes his niece was um wanted him to uh relocate him

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and to live with them her and her partner in florida and i had many contacts with her over

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the it took about two years for the process to evolve before it was actually sold so i had many

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much contact with her during that time. Okay. She was helping himself? Yes. She handled all the

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sales and that kind of thing. Thank you. Did some of the topics that you discussed with her

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involve zoning and the 1940 variants? Yes. We told her that, me and my wife and I, that

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it was our understanding that

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since he had just been living there by himself

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that the underlying variance

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would have lapsed.

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Did you have any suggestion

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about what she could do with the house?

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Yes.

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Once it became known in the neighborhood

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that the house was coming up for sale,

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there were several people that got in contact

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with the PBCA and myself about speaking to Clarence as to their family, two families

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about purchasing the house. Do you know the asking price that was being asked at that time?

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The asking price that his niece told me was going to be 675,000. Are you aware that any of the

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families that looked at the property made any offers there were two offers both uh relatively

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a hundred thousand dollars less than that did you ever speak to mr jaden chen the name of the

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gentleman that ultimately brought ultimately purchased 34 11. uh yes my wife and i saw him

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looking over the house one day and as we were prone to do we go out and tell people who

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uh looked like his prospective buyers but although at the time i realized now that he

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would actually purchased it that there was uh it could not be used for four minute uh rental um did

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Did you have an understanding of whether Mr. Chen attempted to obtain a mortgage for the property?

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yeah i told us uh that day that he um had been turned down by the bank for a loan

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because they considered the house to be uh in in uh uninhabitable

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Can I object to this? This is all hearsay, and I don't know why it's relevant.

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can i object to this this is all hearsay and i don't know why it's relevant

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Well, should Bonnie respond, please?

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Sure. He's talking about a statement made by a party to the case. Mr. Chen will be testifying.

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He can certainly say he didn't say it, or they can...

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Why don't we continue? Then we'll get to the point when the cross comes.

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Okay. Did you ever speak to the listing agent?

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uh miss gina anderson uh yes um she enlisted my help to uh hold the key she gave me a key to the

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the property so that if people came to wanted to come to look for it she'd let me know and i could

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let them in to view the property did you ever speak to her about the zoning and the old variants

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yes um thank you mr crawford do you have any closing thought that you want to convey to the

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board just one briefly one item that came up in the previous hearing that that we were looking

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for a certain type of person to live in palton and and live and we uh if that isn't true what

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we really are looking for is a certain type of neighborhood and uh to make it uh family oriented

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as possible and in fact the the city feels the same way because they they just they zone it

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appropriately how they want a certain play uh parcels of the city to be used and so

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our our aim is just to get the the property to fall back into the zoning underlying zoning

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that the city applied to it.

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Thank you very much.

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Council, Pritzker, Rachel.

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Sure.

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Thank you.

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Mr. Crawford, you mentioned that you're a software engineer for a living.

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Is that correct?

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Yes.

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Do you have any expertise, certifications, education on non-conforming uses

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or zoning and land use law?

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No.

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So would you agree that you're not an expert?

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in constitutional property rights or non-conforming uses no i am not um and you mentioned that uh you

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were the next door neighbor um and you're aware that the property was uh put on the market for

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sale yes so uh and am i correct to say that it was not a private sale it was not an inheritance

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It was a public sale that anybody, including yourself, could have purchased?

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Yes.

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Okay.

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I also gave some testimony about the maintenance that the prior owner had on the property.

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Is there any testimony that you have that is relevant to the intent of him removing any improvements, removing walls, trying to make it two units, removing plumbing, removing meters?

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or was your experience that is the best he could he maintained the property up until when he fell

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ill at 90 some odd years old uh he did not try to make any changes to the property um he didn't

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really maintain it that well but it's but there weren't you're not aware of there being overt acts

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of him removing meters or trying to turn it into a two unit, anything that would have been obvious

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to you as the neighbor, show his intent to abandon that use? No, that did not happen.

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Thank you. I just, last thing I just wanted to, you know, make mention is that you made it clear

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that um you your your goal is not to um i guess dictate who lives there but um you know with the

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base zoning being rt1 you are aware that most of the properties on your block are three and four

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families as well as they were what's called grandfathered in or legal existing non-conforming

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uses meaning that before they were down zoned rt1 they had gotten legal approval for multiple units

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is that your understanding that some of the properties on your blocks are yes uh but they

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well yes okay um that's all my questions i appreciate mr kelly oh hold up

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well when we bought our house in in uh 78 the difference between the neighborhood then

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and the neighborhood now is that all the all the properties almost all the

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properties on our block were owner-occupied so it wasn't it's a

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it's a difference between that's a different than the trend that's been happening where outside

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difference between but that's a different trend that's been happening

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outside parties buy this just to make money but up until so to that point but up until

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the uh prior owner who was in his 90s i mean you can only live so long uh was unable to

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stay in his home due to uh old age and an illness and needing to be taken care of by his family it

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was owner-occupied. And had he stayed in good health or been able to live to 100 or whatever,

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however old we're all lucky to get to, it would have still been owner-occupied. So you're

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sharing that your concern is that people have property rights and we can't dictate that it's

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owner-occupied? I don't understand the question. I guess my question to you is one of your issues

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with it was is that it's it might not no longer be owner occupied but up until but it was owner

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occupied as a four unit up until um clarence had to move out of the property due to him being

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elderly is that what you're stating objection i don't think there's any evidence that it was owner

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occupied as four units well he just said that it was owner occupied by clarence and that there were

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there was no intention or he didn't see any overt acts to you know downgrade it or remove walls or

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anything like that yes uh and had it he lived to a hundred uh there would be we wouldn't even be

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here so i don't understand that's my point exactly thank you thank you thank you mr kelly nothing

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from the city next witness mr pony thank you mr crawford and uh my next witness is the gentleman

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online who i believe is there now oh sure tony uh dominic please mr dominic

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i am sorry council mr trust you don't see that individual in the virtual audience this morning

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is he anthony dominic yes please okay okay here he is i'm sorry

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please accept the invitation to be promoted to pen

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Mr. Dominic

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sure

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coming back in now

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sure

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Mr. Dominic?

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Yes.

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Mr. Dominic, could you please state your name and spell it for the stenographer?

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Sure.

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Anthony Dominic, A-N-T-H-O-N-Y, D-O-M-I-N-I-C-K.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Counsel, please proceed.

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Thank you.

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Mr. Dominic, good morning.

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you were a neighbor of the subject property. Just by way of intro, can you tell us your

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occupation and your age? I'm a computer consultant, 54 years old. Thank you. Okay,

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let's get into it. Tell us where... Sorry, Mr. Dominic, can you just speak up just a little

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bit more so the stenographer can hear you? Thank you. Yes, I'll repeat that for her or for that

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person. I'm a computer consultant. I'm 54 years old. Thank you. Sir, please tell us where and when

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you lived near 3411 Barron. Yes, I lived at 3407 Barron. That is, there's one house between 3411

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and the house I lived at.

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That was from 2001 to 2005, last year.

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Did you know the owner, Clarence Wilson?

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Yes, I knew Clarence.

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Okay.

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Did you consider him?

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I mean, how did you know him?

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Well, we lived two doors down,

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so I would see him when he was coming and going.

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I found out later that he was working at the library

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down at Penn,

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and I worked at Drexel's library for three years.

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so we kind of talked about those things and just general neighborhood stuff thank you um uh

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uh so you're saying you moved onto the block in 2001 correct i bought that house with my

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wife at that time yes okay and at that time um and moved there so yes to be clear thank you

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Thank you. And at that time, who was living in Clarence's house?

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So Clarence is what I saw and actually knew Walter Grant earlier before I really got the

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So Clarence is who I saw and actually knew Walter Grant.

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new Clarence. Walter was more of a social person. Clarence was more of a quiet person. So it was

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easier to talk to Walter. Walter lived on that house at 3411 bearing on the second floor.

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Okay. So you're saying at that time it was Clarence and one tenant by the name of Walter

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grant correct okay and um when if at all did walter um uh leave the property

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um i mean for working but eventually i think i'm gonna forget to the point that he he died

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um yeah so yeah he died in 2012. okay so after walter grant the tenant died

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So let me back up. So from 2001 to 2012, you're saying Clarence lived there with his tenant, Walter, and that after 2012, it was just Clarence. Is that correct?

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Correct.

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Clarence never had any other tenants after 2012?

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no i had asked him if he was going to rent it out um and at the time he said that he didn't want to

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be bothered with tenants anymore and he'd rather just live by himself he was a personal guy so i

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didn't i figured he owned the property and could do whatever he want with it in 2012 how old was

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clarence um so 2012 14 years ago he just turned 93 so uh 79. okay so at that time when walter died

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um clarence was 79 years old yes was it your understanding that he didn't want to rent the

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property out because of his age um i didn't ask him that specifically uh but he gave me the general

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impression that he just didn't want to be bothered with tenants anymore okay uh uh i'm also just

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gonna object for the record because again it's hearsay and clarence isn't here to say if he

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said or didn't say any of this well in in your opinion mr what do you respond what do you agree

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with her well she just i i agree paul knows the rules i mean he i guess the chairman is asking me

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I'm going to ask her, what's his position on what you just said?

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Yes, it's not admissible for this witness to say what somebody else who's not here said.

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So I agree with that.

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Okay, thank you.

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Good.

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Proceed.

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Did you consider, from your observations and interactions,

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with Clarence, who was 79 at that time.

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Did you consider him old and infirm?

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Old, yes.

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I mean, older than me because I'm 50.

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Infirm, no.

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Okay, thank you.

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Can you tell us generally the condition?

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You were inside the house?

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Yes, I've been inside the house.

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Okay.

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Can you tell us generally the condition of the interior of the house in, let's say, early

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in early 2025?

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In early 2025?

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Yeah, sure.

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The house was sold in the spring of 2025.

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So, yes.

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Yes, I've been in the house before then.

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So, that's why.

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Yeah, so in a general sense, it looked like not a lot of work was being done on the insides.

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it's what I would consider deferred maintenance.

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I'm not sure if that's an appropriate term,

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but it looked like maintenance hadn't been done in a while.

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There were some sections of the ceiling

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that were collapsing in two of the units that I remember.

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