a witness herein, having been first duly sworn, was examined and testified as follows:
BY MR. BAXTER:
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?
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
Q. So how long have you been
A. Since '54, 1954.
MR. CLEMENT: Since '54 what?
THE WITNESS: 1954.
MR. CLEMENT: You've lived in the
THE WITNESS: Yes.
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
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?
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?
Q. And the customers of the paint shop, from your
observation, didn't park there either. Is that correct?
MR. BAXTER: Cross-examine.