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



Q. Would you state your name, please?

A. Laird Kircher.

Q. And where are you employed now?

A. I'm retired.

Q. And you're a retired Chief of Police?

A. Right.

Q. And prior to that time, Chief, how long were you employed by West View

Borough? When did you start with the Borough?

A. 37 years.

Q. And did you live in the Borough before that


A. Yes.

Q. So how long have you been

A. Since '54, 1954.

MR. CLEMENT: Since '54 what?


MR. CLEMENT: You've lived in the



Q. During that course of time, have you had an

opportunity to observe the property at 479 Perry


A. Oh, yes.

Q. Would that have been as a -

A. As a police officer.

Q. Now, you've been listening to testimony here this

evening. During that course of time, did

you ever notice automobiles parked in front of the

building located at 479 Perry Highway?

A. Not for any length of time. Someone would

drop off people or -- the elderly used to go up to

the hairdressers, and they would drop them off on the

edge of that sidewalk there blocking it. But they

would stay there long enough for them to get out or

get in the car, and they would leave.

Q. And when was it, Chief, that you retired

from the Borough?

A. In '96.

Q. 1996. Okay. During any of that period of

time -- do you know Mr. Ballon?

A. Oh, yes.

Q. Did you ever notice Mr. Ballon parking as

depicted in these photographs that have been marked

Borough's Exhibits 1, 2, 3, and 4?

A. No. The only time I ever observed vehicles there was

either loading or unloading.

Q. You heard testimony here this evening that

on a regular basis Joe Barr would have parked his van

on that slot in front of that building. Did you ever

make that observation?

A. I know Joe, and I knew his van; and I knew

he -- his business, as bad as it was for him, I know

he wouldn't have parked in front of the building.

MR. CLEMENT: That calls for


MR. WATSON: Overruled.

MR. CLEMENT: He's not basing it on an

observation. He's basing it on what he thinks Joe's business was.

Q. Let me clarify that. Did you ever see his

van, Joe Barr's van in front of that building?

A. Always only to unload.

Q. And did you ever see Mr. Ballon's car parked in front of

the business?

A. Only to unload when he had his business there.

Q. Did you ever notice any customers parked there?

A. Not for any length of time.

Q. Did you ever make any observations of that building

prior to the time -- prior to 1970?

A. Yes.

Q. Did anyone park on that sidewalk prior to 1970 while

you were a police officer?

MR. CLEMENT-: I object to the

characterization as "sidewalk." I think it's

confusing the witness. Are you talking about the red

brick portion, or are you talking about the concrete


MR. WATSON: Overruled. That's

subject to cross-examination. Go ahead.

Q. We're talking about the area in front of

the building we've been talking about all night.

A. The area in front of the building. Correct.

Q. Did you notice anybody prior to 1970 park

anything in that area?

A. Only on occasion where somebody would be

unloading. Not overnight parking or not parking for

hours on end.

Q. What was the use of that building, if you

can recall, prior to Mr. Ballon purchasing it?

Do you know what business was in there?

A. I believe it was a paint shop there.

Q. A paint shop?

A. Yes.

Q. And the customers of the paint shop, from your

observation, didn't park there either. Is that correct?

A. No.

MR. BAXTER: Cross-examine.