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It is hereby certified, that on the date noted below, the undersigned Notary Public mailed to:
Richard Clicker – Agent
c/o OZ FINANCIAL N.A.
9753 YELLOW BRICK ROAD
WIZARD, KS 24680
hereinafter, “Recipient”, the documents and sundry papers regarding account 1123581321 as follows:
1. CONSTRUCTIVE NOTICE OF CONDITIONAL ACCEPTANCE; and
2. AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT; and
3. FEE SCHEDULE; and
4. EXHIBIT A; and
5. Envelope from OZ FINANCIAL N.A. noted “Improper Response”; and
6. Self addressed envelope from OZ FINANCIAL N.A. noted “Improper Response”; and
7. Letter from Richard Clicker noted “Improper Response”; and
8. reference copy of this NOTARY’S CERTIFICATE OF SERVICE (signed original on file),
by Certified Mail Number 9999 9999 9999 9999 9999, Return Receipt attached by placing same in a
postpaid envelope properly addressed to Recipient at the said address and depositing same at an official
depository under the exclusive face and custody of the U.S. Postal Service within the State of California.
__________________________________________ February 15, 2011
NOTARY PUBLIC DATE
FRANK L BAUM, Notary Public
8642 WRITERS LANE
CHITENANGO, NY 73737
CONSTRUCTIVE NOTICE OF CONDITIONAL ACCEPTANCE
This is a private communication between the parties.
Notice to agent is notice to principal. Notice to principal is notice to agent.
Date of Notice: February 15, 2011, Certified Mail Number 9999 9999 9999 9999 9999
UNDERSIGNED
Dorothy Louise Gale , c/o FRANK L BAUM, Notary Public, 8642 WRITERS LANE, CHITENANGO, NY
73737
RESPONDENT(S)
Richard Clicker – Agent, OZ FINANCIAL N.A., 9753 YELLOW BRICK ROAD, WIZARD, KS 24680
In the matter of account 1123581321, DOROTHY L GALE.
Dear Richard Clicker:
I am in receipt of your letter dated February 5, 2011, which is enclosed herewith. I am conditionally
accepting your offer upon proof of claim that:
i. you are not a third party interloper in the private contract between Dorothy Louise Gale and
Almira Gulch, Chief Financial Officer, OZ FINANCIAL N.A.
ii. there is a defect in the tender of payment enclosed herewith as EXHIBIT A.
Enclosed herewith is an AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT, hereinafter “AFFIDAVIT”.
RESPONDENT(S) has ten (10) days from the postmark of this notice to respond to the AFFIDAVIT, on a
point‐by‐point basis, by way of sworn affidavit, under RESPONDENT(S) full commercial liability, signing
under penalty of perjury that the facts contained therein are true, correct, complete and not misleading.
Mere declarations are an insufficient response. If an extension of time is needed to properly answer, please
request it in writing. Failure to respond properly will be deemed agreement with the facts stated in the
enclosed AFFIDAVIT and an inability to prove your claim, upon which any liabilities incurred pursuant the
enclosed fee schedule, hereinafter “FEE SCHEDULE”, regarding any further action in this matter, shall be
deemed accepted by the parties, Richard Clicker, OZ FINANCIAL N.A., and any agents or assigns thereof,
jointly and severally.
Any and all responses shall be directed to the UNDERSIGNED, by U.S.P.S. Certified or Registered Mail, at the
following address: Dorothy Louise Gale , c/o FRANK L BAUM, Notary Public, 8642 WRITERS LANE .
CHITENANGO, NY 73737. Service in any other manner will be deemed defective on its face.
____________________________________________________________________________ (seal)
Dorothy Louise Gale, Secured Party Creditor,
Executive Trustee for the Private known as Dorothy Louise Gale & Company
AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT
The undersigned Affiant, Dorothy Louise Gale, hereinafter “Affiant”, does solemnly swear, declare and state as
follows:
1. Affiant is competent to state the matters set forth herein.
2. Affiant has knowledge of the facts stated herein.
3. All the facts herein are true, correct and complete, admissible as evidence and if called upon as a witness,
Affiant will testify to their veracity.
Plain Statement of Facts
4. Affiant has seen no verifiable evidence of a defect in the offer tendered for settlement attached in EXHIBIT A,
hereinafter “TENDER”, for OZ FINANCIAL N.A., Account No. 1123581321, hereinafter “ACCOUNT”, on or
about January 1, 2011 to IRS Technical Support Division, c/o Treasury UCC Contract Trust, Internal Revenue
Service, 1500 Pennsylvania Avenue, N.W., Washington, D.C. 20220, hereinafter “RECIPIENT”, and Affiant
believes that no such evidence exists.
5. Affiant has seen no verifiable evidence that the TENDER does not satisfy the obligations associated with
ACCOUNT and Affiant believes that no such evidence exists.
6. There is no evidence that Richard Clicker‘s failure to timely and sufficiently respond on a point‐by‐point basis,
via sworn affidavit, under their full commercial liability, signing under penalty of perjury that the facts
contained therein are true, correct, complete and not misleading, within ten (10) days of postmark of this
AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT does not constitute acceptance of any liabilities incurred
pursuant to the FEE SCHEDULE, enclosed herewith and incorporated herein in its entirety by this reference,
regarding any further action in this matter and the Affiant believes that no such evidence exists.
7. There is no evidence that Richard Clicker‘s failure to timely and sufficiently respond on a point‐by‐point basis,
via sworn affidavit, under her full commercial liability, signing under penalty of perjury that the facts contained
therein are true, correct, complete and not misleading, within ten (10) days of postmark of this AFFIDAVIT OF
SPECIFIC NEGATIVE AVERMENT does not constitute acceptance for herself/himself and for OZ FINANCIAL
N.A. of any liabilities incurred pursuant to the FEE SCHEDULE regarding any further action in this matter and
the Affiant believes that no such evidence exists.
You have ten days (10) from the postmark of letter in which you can respond to or rebut this AFFIDAVIT OF SPECIFIC
NEGATIVE AVERMENT, unless you request in writing an extension of time. Failure to respond or rebut shall convey
your assent to, and agreement with all the facts herein.
IN WITNESS WHEREOF I hereunto set my hand and seal on this February 15, 2011 and hereby certify all the
statements made above are true, correct and complete.
____________________________________________________________________________ (seal)
Dorothy Louise Gale, Secured Party Creditor,
Executive Trustee for the Private known as Dorothy Louise Gale & Company
JURAT
State of New York )
) ss.
County of Hoboken )
Sworn to (or affirmed) and subscribed before me on this 15th day of February 2, 2011, by Dorothy Louise Gale, proved to
me on the basis of satisfactory evidence to be the one who appeared before me.