• Report: #1021782

Complaint Review: Kimball, Tirey & St. John LLP

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  • Submitted: Thu, February 28, 2013
  • Updated: Thu, February 28, 2013

  • Reported By: Connie — Cathedral City California United States of America
Kimball, Tirey & St. John LLP
Irvine, California United States of America

Kimball, Tirey & St. John LLP , kts-law.com Using fraud, false testimony, false allegations to do a wrongful eviction of a senior, elderly tenant from HUD housing Irvine, California

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DUE TO THE EXTREMELY URGENT,  EMERGENCY NATURE OF THIS MATTER__an EMERGENCY ACTION is immediately needed in this case to rescind the wrongfully issued 30-Day Notice of Eviction issued against a hapless very senior lady who has done no wrong in this case either directly, or indirectly.

At the onset: Please note that we find it virtually impossible to communicate at any level with HUD OFFICIALS except by filing a lawsuit, and or by communicating with Congressmen, Senators, or other people outside of HUD.  Communication to HUD might as well be sent to Outer Mongolia, or to some nomadic tribe in some remote region.HUD to us is like a mirage in the dessert: an illusion, a fantasy-- completely unresponsive to each and every form of communication sent to them.

It is shameful that at least one agency of the federal governmentHUD in this instance-- can be so disconnected from the people it is supposed to assist in a timely manner--rather than to have legitimate disputes end up in court unnecessarilyespecially when resolution is relatively easy, as in this case at hand.

Equally problematic in this case is that Mercy Housing-- the HUD Senior HOUSING provider here-- has been even worse in failing to communicate with us at each and every level of their organization.

We have here essentially two deaf-mute bureaucracies that see fit NOT to communicate with persons being severely steamrolled by errant, if not truly malicious  employees at the lowest rung of their respective entities.

An EMERGENCY ACTION is immediately needed in this case to rescind the wrongfully issued 30-Day Notice of Eviction issued against a hapless very senior lady who has done no wrong in this case either directly, or indirectly. Because of the total incredible unresponsiveness of an agency of the federal governmentHUD--She will end-up in the streets, homeless through no wrongdoing or fault on her part.

Then a full examination of all of the underlying facts needs to be done in the interest of fairness, and justice.  

Please reply to all of the provided emailsespecially to the impacted tenant: Connie Pujols, at conniepujols45@gmail.com

Please assist us in resolving this wrongdoing by the local apartment manager of these HUD Senior Housing units. Thank you for your sincere assistance in this matter. Reply requested.

Please refer to enclosed mail and attachments, and our sincere thanks for your assistance in resolving this URGENT MATTER:

I need attorneys to assist in my case of wrongful eviction from Mercy Housing , a HUD senior housing provider. If necessary, you may refer my request to any other attorneys, or law offices that may be of help.

Sincerely, Connie P

Connie P (((REDACTED))) @gmail.com>

Feb 25 (2 days ago)

to Secretary, helen.r.kanovs., answers, ca_webmanager, customerservice, dap, dpssinquiry, gseverson, info, jhoffman, lgoulet,

FROM: CONNIE P
Mailing address:  Cathedral City, CA92234
HUD SENIOR HOUSING TENANT [Mercy Housing]
Please reply by email to: conniepujols45@gmail.com

COMMUNICATION IS ADDRESSED AS FOLLOWS TO EACH RECIPIENT:

1] Secretary Shaun Donovan
U.S. Department of Housing and Urban Development
451 7th Street S.W., Washington, DC 20410
Telephone: (202) 708-1112     

The Office of General Counsel (OGC),

2] Helen R. Kanovsky, General Counsel of the U.S. Department of Housing and Urban Development

U.S. Department of Housing and Urban Development
451 7th Street S.W., Washington, DC 20410

3] Kimberly Y. Nash, Attorney

Regional Counsel, Region IX Attorney
Office of Counsel Region IX
U.S. Department of Housing and Urban Development
600 Harrison Street, 3rd Floor
San Francisco, CA 94107
Tel: (415) 489-6514
Fax: (415) 489-6517

4] Sister Lillian Murphy, RSM
Chief Executive Officer
Mercy Housing
1999 Broadway, Suite 1000,
Denver, Colorado 80202
Phone: 303-830-3300 or Toll Free: 866-338-0557 | Fax: 303-830-3301

5] Senator  Barbara Boxer
Washington D.C.
112 Hart Senate Office Building
Washington, D.C. 20510
(202)224-3553

6] Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202)224-3841
Fax: (202) 228-3954

DUE TO THE EXTREMELY URGENT,  EMERGENCY NATURE OF THIS MATTER the enclosed communication, and pertinent documents has been sent by EMAIL , as well as CERTIFIED MAIL RETURN RECEIPT REQUESTED, FIRST CLASS MAIL,  and FAX to addressee(s), and others who may be of assistance in resolving these issues.

Please refer to enclosed mail and attachments, and our sincere thanks for your assistance in resolving this URGENT MATTER:

***
My request is for attorneys to handle my case for wrongful eviction by Mercy Housing, a HUD senior housing provider. If necessary please refer my case to any other  attorneys, or law offices that may also be of assistance in this situation. Thanks.

Connie P  (((REDACTED))) @gmail.com>

Feb 25 (2 days ago)

to Secretary, helen.r.kanovs., answers, ca_webmanager, customerservice, dap, dpssinquiry, gseverson, info, jhoffman, lgoulet,

FROM: CONNIE P
Mailing address:  Cathedral City, CA92234

 HUD SENIOR HOUSING TENANT [Mercy Housing]

Please reply by email to: conniepujols45@gmail.com

COMMUNICATION IS ADDRESSED AS FOLLOWS TO EACH RECIPIENT:

1] Secretary Shaun Donovan
U.S. Department of Housing and Urban Development
451 7th Street S.W., Washington, DC 20410
Telephone: (202) 708-1112     

The Office of General Counsel (OGC),

2] Helen R. Kanovsky, General Counsel of the U.S. Department of Housing and Urban Development

U.S. Department of Housing and Urban Development
451 7th Street S.W., Washington, DC 20410

3] Kimberly Y. Nash, Attorney
Regional Counsel, Region IX Attorney
Office of Counsel Region IX 
U.S. Department of Housing and Urban Development
600 Harrison Street, 3rd Floor
San Francisco, CA 94107
Tel: (415) 489-6514
Fax: (415) 489-6517

4] Sister Lillian Murphy, RSM
Chief Executive Officer
Mercy Housing
1999 Broadway, Suite 1000,
Denver, Colorado 80202
Phone: 303-830-3300 or Toll Free: 866-338-0557 | Fax: 303-830-3301

5] Senator  Barbara Boxer
Washington D.C.
112 Hart Senate Office Building
Washington, D.C. 20510
(202)224-3553

6] Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202)224-3841

Fax: (202) 228-3954

DUE TO THE EXTREMELY URGENT,  EMERGENCY NATURE OF THIS MATTER the enclosed communication, and pertinent documents has been sent by EMAIL , as well as CERTIFIED MAIL RETURN RECEIPT REQUESTED, FIRST CLASS MAIL,  and FAX to addressee(s), and others who may be of assistance in resolving these issues.

Please refer to enclosed mail and attachments, and our sincere thanks for your assistance in resolving this URGENT MATTER:

And additionally: I need attorneys to assist in my case of wrongful eviction from Mercy Housing , a HUD senior housing provider. If necessary, you may refer my request to any other attorneys, or law offices that may be of help.

Sincerely, Connie P

3 attachments  Download all attachments  

A Feb 27 Connie P request for attorneys 3.docx
25K   View   Download  

A Feb 27 CONNIE lett to HUD Attorneys seeking EMERGENCY help1.docx
30K   View   Download  

From: CONNIE P

Her address in the HUD buildings is: 37-101 West Buddy Rogers Ave. Apt. # 3331

Cathedral City, CA 92234

Her email: conniepujols45@gmail.com [Please use this email for direct contact with the tenant]

To: Kimberly Y. Nash, Attorneys
Regional Counsel, Region IX Attorney
Office of Counsel Region IX
U.S. Department of Housing and Urban Development
600 Harrison Street, 3 rd Floor
San Francisco, CA 94107
Tel: (415) 489-6514
Fax: (415) 489-6517

e-mail:
                                                                                                     
Feb. 25, 2013

Re. EXTREMELY URGENT EMERGENCY SITUATION AN ELDERLY TENANT [with 5 years of HUD SENIOR HOUSIG RESIDENCY AT SAME LOCATION]  and WHO HAS NO OTHER PLACE TO LIVE AND WILL BE MADE HOMELESS AT HER ADVANCED AGE--HAS UNJUSTIFIABLY AND WRONGFULLY RECEIVED A 30 DAY NOTICE OF EVICTION for reporting to the Police and the office of the DISTRICT ATTORNEY criminal activity by one of the tenants who assaulted her and another elderly tenant with a huge claw hammer.

Dear Regional Counsel, Region IX Attorney:

Please note we find it virtually impossible to communicate at any level with HUD OFFICALS except by filing a lawsuit, and or by communicating with Congressmen, Senators, or other people outside of HUD.  Communication to HUD might as well be sent to Outer Mongolia, or to some nomadic tribe in some remote region.

It is shameful that at least one agency of the federal government can be so disconnected to the people it is supposed to assist in a timely manner--rather than to have legitimate disputes end up in court unnecessarilyespecially when resolution is relatively easy, as in this case at hand.

In this case rescinding the wrongfully issued 30-Day Notice of Eviction under a full examination of all of the underlying facts needs to be done in the interest of fairness, and justice. Please reply to all of the provided emailsespecially to the impacted tenant: Connie P, at (((REDACTED))) @gmail.com

Please assist us in resolving this wrongdoing by the local apartment manager of these HUD Senior Housing units. Thank you for your sincere assistance in this matter. Reply requested.

The tenant in question is: CONNIE PUJOLS

Her address in the HUD buildings is:
37-101 West Buddy Rogers Ave. Apt. # 3331
Cathedral City, CA 92234

Although she is the latest senior lady to receive the 30- Day Notice, the following fact pattern of wrongful evictions has been taken place by the local managers there:

One by one seniors are being wrongfully evicted, or started on the process of being evicted when they complain about criminal activity of other tenants in general and more specific-- egregious conduct of a  tenant and her husband.

That tenant is ROSA LIDIA SANCHEZ, Calif. Driver's License N5238156 her address in the units is:

37-101 West Buddy Rogers Ave. Apt. # 2332
Cathedral City, CA 92234

She assaulted other elderly tenant ladies with a claw hammer by going upstairs to another floor with the hammer.

She and her husband have been involved in the slashing of tires of other tenants in the buildings. Refer to Police complaints about her and her husband by other tenants, as well as complaints to the previous building manager about them. Previous manager was replaced in part for failure to deal with the problems of that tenant,  ROSA LIDIA SANCHEZ and her husband.

Among some of the problems this out of control tenant: Rosa Lidia Sanchez has been doing is conducting a terror campaign on the elderly tenants whom she is trying to force them to move or be evicted so that her gang member friends can move in to the vacated apartments,

She bangs with hammers and other heavy objects at all kinds of hours including 3 A.M on the Floor of the apartment directly above-- her unit: 3331.

Then she constantly makes false reports to the Police that it is the tenant above her (who she is trying to force to move out) who is making noise. Yet each time the Police have come in person there has been n o noise of any kind. Please note that the victimized tenant in #3331 has NO television, NO stereo, NO computers, or laptops that could conceivably make some noise in the case of other tenants, No exercise equipment, and absolutely nothing that can make noise! She lives alone in the unit, she does not have visitorsher friends and relatives have died, and the rest live very far away.

The tenant in #3331 is a sick and elderly person, who lives alone, has NO visitors, especially NOT at 3 AM. She does NOT drink alcohol, or use any kind of recreational drugsor medical marijuana as do some of the other tenants there. She has NEVER had a history of mental illness, nor has a criminal record. She is a stable well adjusted person, and does not suffer from Alzheimer disease. Therefore she did not have any sensible or logical reason to be making noise at a time when she was sound asleepas she is normally sleeping then.

In fact to further prove the falsity of that ladys complaints about noise when she is the one banging and making noise on her ceiling at all hours of day and nightis that she has made complaints, and even called the police when the tenant was not home, and even when she was faraway visiting relatives in another city. She still was making her constant complaints about noise when  no one was in the apartment above that she keeps wrongfully complaining about without any basis in fact, or legitimate justification.

The fact that she does not have the usual things that could conceivably cause noise has been ascertained in all
current and previous checks: Her apartment and its contents have been verified by all previous and current managers of that unit. And of course most recently February 2013 when she was approved and recertified again --pursuant to the applicable rules for continued tenancy.

But, meanwhile Rosa and her husband make a lot of noise; have frequent visitors, some of which maybe gang members, and d drug users. Please note that in the past other tenants were rightfully evicted for drug use and other criminal activities in those very buildings. Please refer to your files regarding those buildings. Probably ROSA LIDIA SANCHEZ , and her husband are sponsoring a return to that by forcing the elderly ten ants out. Please investigate criminal background, mental health problems in their records, as well as their behavior in previous tenancies at other locations, and anything else your office can investigate regarding that lady and her husband and family.

But unfortunately for the victims of these tenants-- especially victims of  ROSA LIDIA SANCHEZ , and her husband : it is the victims who complain who  get evicted!

Please refer to all previous emails as well as this new email and the attachments to all of them.

Please conduct your own thorough investigation of all of these matters.

Thank you for your professional interest in helping to right the wrongs in this emergency  situation where at the present time an elderly, helpless person is being unjustifiably being wrongfully evicted by a 30 day Notice after living in HUD housing without any problems with any other tenants, or housing personnel, except for these out of control persons-- ROSA LIDIA SANCHEZ , and her husband, who are threatening many other elderly tenants there as well.

Again, please note: this matter is an emergency and most urgentnecessitating prompt attention, and action on your part. Thanks again.

Please refer all of this information to any and all persons, departments, officials, and others  with jurisdiction and EMEREGENCY JURSDICTION  over these matters.

Further information on the tenant now being wrongfully evicted:

Furthermore , the tenant now being wrongfully evicted has lived all her life in various cities, and not in
rural areas or backwoods- redneck areas, or in gang and ghetto areas which
could explain the reasons why some but-- obviously not all  tenants --fail
to comport to the rules and conditions of apartment living  in this countrythe U.S.

On the other hand  CONNIE   PUJOLS has consequently-- because of her good behavior and
conduct  has never been evicted from any of her previous tenancies anywhere for failing
to follow terms and conditions of each and every one of all her tenancies going back about more than 60 years!

And that obviously includes noise of any kind necessitating an eviction anywhere else where she has previously lived in this country.

Please note this tenant of HUD Senior HousingConnie Pujols, her address is: 37-101 W.Buddy Rogers AVE., Apt.  3331 in Cathedral City, CA92234--she has lived  for five years in her present HUD SENIOR HOUSING location without
any problemsexcept for the false allegations by the most recent neighbor who just moved in to the apartment directly below her.

These false allegations are entirely malicious, and vicious in addition to being hateful, and spiteful.

The gist of her hateful allegations are as follows: one that this physically infirm
tenant is up all night throwing extremely heavy objects down, running around
loudly all night longwithout any sleepplaying music. Exactly how does an old
woman manage to make music all night long, if she  lives alone, and who is
not a teenagerand has no young , or old visitors either -- who
furthermore  does not have any stereos, boomboxes,
computers, or any speakers  big or small, or any other means of making
loud music. Her apartment inspection by Management attests to that.

Equally entirely false and malicious is that she is alleged to be ringing peoples
bell and then running awaywhen she does not run! And to be
flashing her middle finger to otherswhen she is an old school lady who is too
old for that. Furthermore she lives alone, and has to walk to and from her
apartment, and the local stores alone, and by herself with no body guards or
any protection.

Obviously a person in her circumstances is NOT going to start fights, or to
provoke others into a physical fight because she is totally unable to defend
herselfshe is too old, too sick, and to weak. And unlike the complaining lady
and her friends she has NO husband or male person to protect in a fight.

She also has to use the elevator, and common areas to get to her apartment, and her
mailbox. For sure fighting, or even threatening to fight others is NOT In her
nature, NOR is it logical under the facts here.

Just as false is a statement by that tenant, or her husband that tenant Connie
Pujols talked about a gun in her purse, and there being acid in the pool.
Connie Pujols never has had any such weapon, or access to any, nor does she
know anybody with same.

Equally false and malicious is statement of acid in the pool.

And the list of FALSE ALLEGATIONS continues. Please read the entire 30 day
NOTICEand analyze it meticulously to verify its falseness on its face, and by
use of extrinsic facts about this particular lady.

Respectfully Submitted,

SEE--enclosures attached below, and previous emails:

This is my retyped copy of the 30- Day NOTICE, but nevertheless the original copy of it is also attached elsewhere here.

The grounds for this termination is as follows:

Management has received numerous complaints from other residents regarding your nuisance behavior on the
premises. One of your neighbors even moved out of her unit because she could no
longer tolerate the constant  disturbances. Despite repeated warnings from
Management, you have continued to engage in the same nuisance behavior.

On February 13, 2012, Management sent you a warning letter regarding disturbances reported to Management on
February 12, 2012. Specifically, the residents below you reported the extremely loud sound of something being dropped on the floor at 3 AM.

On June 21, 2012, Management received a complaint from one of neighbors who stated you have been dropping
very heavy  objects on the ground late at night.

On June 22, 2012, Management spoke to you about the complaint.

On June 28, 2012, Management received another  complaint from a resident regarding excessive noise
coming from your unit at all hours of the day and night. The noise was verified
by a member of the maintenance staff. He knocked on your door in an effort to
get you to stop causing a disturbance. However, you refused to open the door.

On Friday June 29, 2012, a resident wrote a letter of  complaint to Management which stated there was a
constant loud noise coming from your unit. The resident said it sounded like
someone was moving heavy furniture around. Furthermore, the resident said that
the noise often continued from late at night until early in the morning. There
was also the sound of someone running and throwing heavy objects. The resident
said that the constant excessive noise was very stressful and affecting his/her
sleep. Also on June 29, 2012 a member of the maintenance staff went to your
unit and was able to verify the excessive noise once again. He stated that he
could hear you running and/or stomping back and forth across the living room
floor. He knocked on the door for 10 minutes. However,  you would not respond.

On or about July 8, 2012, Management received a complaint via voicemail from a resident who stated he/she had to
call the police twice that night because of the loud noise coming from your
unit. When the manager spoke to the resident the next morning, she reported
that you were going from room to room dropping heavy objects on the ground.
When the police arrived at your unit that evening, you refused to open the door.

 On July 11, 2012, Management received another letter of complaint from a resident who stated she had
witnessed the excessive noise caused by you on multiple occasions when she had
been visiting your downstairs neighbor. The resident said the excessive noise
was ongoing. You would drop heavy objects, stomp on the floor, run the water
for long periods of time late at night, repeatedly flush the toilet over and
over, and turn your music up very loudly. These activities were ongoing until
late in the evening / early in the morning  when other residents were attempting to sleep.

On July 11, 2012, Management served upon you a 10-Day Notice to Perform Covenant or Quit for causing the above
noise disturbances on the premises.

On July 12, 2012 and July 12, 2012, a resident reported that you were dropping heavy objects on the ground at
approximately 3AM.

 On June 13, 2012, a resident reported that you made an obscene finger gesture toward her on more than one
occasion while she was walking on the premises. The incidents were witnessed by
other residents. It was further reported that you had  also knocked on
this residents door and then proceeded to run away before she could answer the door.

On Monday, July 16, 2012, Management received another  written complaint signed by two residents. They stated
that you were running , dropping heavy objects and moving y heavy objects
around in your unit on July 12th , July 13th , July 14th
, and  July 15th .One of the residents stated that this had
been an ongoing problem and was negatively affecting his/her sleep and health.

On August 21, 2012, you became belligerent and verbally abusive with another resident, using profanity and
calling her obscene names.

On August 25, 2012, at approximately 10 AM. , it was reported to Management that you were taking pictures of another
resident, resident without her permission.

On August 31, 2012,  a resident reported that as she walked by you, you  made an obscene finger gesture
toward her twice.  The resident reported to Management that she was afraid of you because OF YOUR BEHAVIOR.

On September 2, 2012, Management received a written complaint from a resident who stated that on August 12, 2012
August 12, 2012, you and two other residents were causing a noise disturbance.
The resident further stated that on   August 12, 2012 he heard you
say, We need to get rid of or kill that Nila [the community manager].

On September 9, 2012 , Management received a call from a resident who said that you had been terrorizing 
other residents in the community. The resident stated that you walked around
the community telling residents that you had a gun in your purse and that there was acid in the swimming pool.

On or about September 10, 2012, in response to the above complaints, our office sent you a FINAL WARNING LETTER.
The letter stated, Although my client would be within their legal right to
terminate your tenancy at this time, Management is giving you an additional
opportunity to come into compliance with the terms of your lease agreement
should you continue o engage in this type of behavior on the premises or if
  Management continues to  receive complaints  from other
residents regarding these issues, my client will have no choice but to terminate your tenancy.

On January 14, 2013, Management received a written complaint from a resident who stated that on January 13,
2013, you were dropping heavy objects on the floor directly above those
residents and their guests. The  residents further stated that on January
14, 2013,  you were moving heavy objects around your unit and dropping
heavy objects on the ground. The noise continued until approximately 5 AM.

On January 31, 2013, a resident called the police due to excessive noise coming from your unit. The police
responded, knocked on your door, however you would not answer.

On February 3, 2013, a resident reported to the office that you were causing a noise disturbance inside your
unit. The resident told the manager that she had already called the police.

---------------------------------------------------------------------------------------------------------------------------------------------

The premises herein referred to is situated in  the City of Cathedral City, County of Riverside, State of
California, designated by the number and street as 37-101 W.Buddy Rogers AVE.,3331.

The undersigned does hereby elect to declare a forfeiture of the Lease Agreement by which you hold possession of the
subject premises. If you fail to comply with the terms of this Notice, legal
proceedings will be instituted against you to declare the forfeiture of the
lease or rental agreement under which you occupy the herein below described
property and to recover possession of said premises, to recover court costs,
attorneys fees as permitted by law, and you may be liable for additional
statutory damages of  up to SIX HUNDRED DOLLARS ($600.00) in accordance with
California Code of Civil Procedure Section 1174(b), as a result of your failure
to comply with the terms of this notice.

Be advised that you have ten (10) days to respond to management to discuss the termination of your tenancy. If
legal proceedings are commenced base upon this notice, you may have the right to present a defense to same in court.

 You have the right to request an initial inspection of your unit and to be present during that inspection,
which shall occur no earlier than two weeks before the termination of the tenancy and during normal business hours.

State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant,
subject to certain conditions. You may or may not be able to reclaim property
without incurring additional costs, depending on the cost of storing the
property and the length of time before it is reclaimed. In general, these costs
will be lower the sooner you contact your former landlord after being notified
that property belonging to you was left behind after you moved out.

Dated: February 1, 2013                                                
By:  Attorney for Agent/Owner

[ Please note there is no written or printed name of any attorney for agent/ owner on this 30-DAY Notice, and this Notice was handed to the elderly tenant by the handyman
who works part-time in the building, NOT by the MANAGER.

---------------------------------------------------------------------------------------------------------------------

Please note we find it virtually impossible to communicate at any level with HUD
OFFICALS except by filing a lawsuit, and or by communicating with Congressmen,
Senators, or other people outside of HUD.  Communication to HUD might as
well be sent to Outer Mongolia, or to some nomadic tribe in some remote region.

It is shameful that at least one agency of the federal government can be so
disconnected to the people it is supposed to assist in a timely manner--rather
than to have legitimate disputes end up in court unnecessarilyespecially when
resolution is relatively easy, as in this case at hand.

In this case rescinding the wrongfully issued 30-Day Notice of Eviction under a
full examination of all of the underlying facts needs to be done in the
interest of fairness, and justice. Please reply to all of the provided
emailsespecially to the impacted tenant: Connie Pujols, at conniepujols45@gmail.com

Please assist us in resolving this wrongdoing by the local apartment manager of these HUD Senior
Housing units. Thank you for your sincere assistance in this matter. Reply requested.

2 attachments  Download all attachments  

Feb 20 LETT. Kimberly Y Nash.docx
28K   View   Download  

Feb 19 Copy 2 of 30-Day Notice toWrongfully evict elderly HUD tenant.doc

2638K   View   Download  

Feb27 whistleblower laws 2.docx

11K   View   Download  

Connie P    (((REDACTED))) @gmail.com>

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