Professional Documents
Culture Documents
1Z64589FNW95346361
I request permission to e-file on the federal CM/ECF system. I have a PACER account.
4.
Please provide an email address for a contact person with the Court.
5.
I request a stay in the state-court proceedings until the foregoing is resolved. See
enclosed Defendants Notice-Nonresident Bond-10 USC 333 Interference State Federal law.
January 6, 2015 I emailed Tara Price, law clerk to Judge Jordan, and got no response. A paper
copy of the emails are enclosed. Also enclosed, Notice, A. Lee Bentley USAFLM. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Neil J. Gillespie
Birth Date: 3/19/1956
Accu-Chek Compass
One Page Summary Report
12/29/2014 - 1/11/2015
Trend Graph
600
550
500
450
bG (mg/dL)
400
350
300
250
200
150
100
50
0
12/29
2014
12/30
12/31
1/1
2015
1/2
1/3
1/4
1/5
1/6
1/7
1/8
1/9
1/10
1/11
Average Day
600
550
500
450
bG (mg/dL)
400
350
300
250
200
150
100
50
0
Night
Before
Breakfast
After
Breakfast
Before
Lunch
After
Lunch
Before
Dinner
After
Dinner
Evening
Target Range
Overall
After Meals
Range
Above Target
Within Target
Below Target
Hypo
Printed: 1/11/2015
Tests Percent
11 100.0%
0
0.0%
0
0.0%
0
0.0%
356
Highest bG (mg/dL):
213
Lowest bG (mg/dL):
Average bG (mg/dL): 270.5
Number of HIs:
0
Number of LOs:
0
Page 1 of 1
11
Total # of Tests:
Avg. # Tests per Day: 0.8
Standard Deviation: 48.3
Roche Diagnostics
Case: 13-11585
Page: 1 of 1
Case: 13-11585
Page: 1 of 1
https://ecf.ca11.uscourts.gov/cmecf/servlet/TransportRoom
General Docket
United States Court of Appeals for the Eleventh Circuit
Court of Appeals Docket #: 13-11585
Nature of Suit: 3290 Other Real Property Actions
Reverse Mortgage Solutions, In v. Neil Gillespie, et al
Appeal From: Middle District of Florida
Fee Status: Fee Not Paid
Docketed: 04/15/2013
Termed: 06/12/2013
Case Handler: Gaddis, Melanie, B
(404) 335-6187
Curtis Wilson
Direct: 407-674-1850
[COR LD NTC Retained]
McCalla Raymer, LLC
225 E ROBINSON ST STE 660
ORLANDO, FL 32801
Danielle N. Parsons
Direct: 954-319-7121
[NTC Retained]
McCalla Raymer, LLC
225 E ROBINSON ST STE 660
ORLANDO, FL 32801
versus
Neil J. Gillespie
NEIL J. GILLESPIE, as Co-Trustees of the Gillespie Family Living Trust
Direct: 352-854-7807
Agreement Dated February 10, 1997
Defendant - Appellant [NTC Pro Se]
8092 SW 115TH LOOP
OCALA, FL 34481
NEIL J. GILLESPIE
Defendant - Appellant
https://ecf.ca11.uscourts.gov/cmecf/servlet/TransportRoom
https://ecf.ca11.uscourts.gov/cmecf/servlet/TransportRoom
04/15/2013
14 pg, 810 KB
04/15/2013
CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Neil J. Gillespie on 04/10/2013. Fee
Status: Fee Not Paid. No hearings to be transcribed.
USDC order denying IFP as to Appellant Neil J. Gillespie was filed on 03/07/2013. Docket Entry 19.
7 pg, 43.4 KB
8 pg, 323.51 KB
Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellant Neil J.
Gillespie.
1 pg, 52.95 KB
APPEARANCE of Counsel Form filed by Danielle N. Parsons for Reverse Mortgage Solutions, Inc.. (ECF:
Curtis Wilson)
05/02/2013
05/09/2013
05/09/2013
E-filed Appearance of Counsel processed for Attorney Curtis Wilson for Appellee Reverse Mortgage
Solutions, Inc. in 13-11585.
05/17/2013
USDC order denying IFP as to Appellant Neil J. Gillespie was filed on 05/09/2013. Docket Entry 28.
3 pg, 47.22 KB
ORDER: On its own motion, the court DISMISSES the appeal for lack of jurisdiction. (RB/SM/AJ).
06/12/2013
3 pg, 52.2 KB
62 pg, 4.97 MB
MOTION for reconsideration of a panel order entered on 06/12/2013 filed by Appellants Neil J. Gillespie
and Neil J. Gillespie. Opposition to Motion is Unknown [6911968-1]
21 pg, 1.09 MB
Public Communication: Letter from Pro Se Appellant to update and correct previous letter dted 07/01/2013
- no action requested..
10 pg, 608.7 KB
Public Communication: Letter from Pro Se Appellant Additional documents for reconsideration of denial of
recon motion - returned with SPCT-5 information.
2 pg, 202.02 KB
ORDER: Motion for reconsideration of panel order filed by Appellants Neil J. Gillespie and Neil J. Gillespie
is DENIED. [6911968-2] FMH, CRW and AJ
5 pg, 306.04 KB
Public Communication: Letter from Pro Se Appellant with UPS voucher to return his filed
documents/records..
07/02/2013
07/19/2013
07/22/2013
07/25/2013
08/07/2013
10/30/2013
Public Communication: Letter from Pro Se Appellant Writ of Certiorari to the Supreme Court - returned.
2 pg, 294.11 KB
Notice of Writ of Certiorari filed as to Appellants Neil J. Gillespie and Neil J. Gillespie. SC# 13-7280.
11/08/2013
1 pg, 41.63 KB
ADDENDUM FIVE
NON-CRIMINAL JUSTICE ACT COUNSEL APPOINTMENTS
The court adopts these provisions for furnishing representation for persons financially unable
to obtain adequate representation in cases and situations which do not fall within the scope of 18
U.S.C. 3006A, as amended but in which the court believes that the interests of justice will be
served by the presence of counsel.
(a) Determination of Need.
In determining need for appointment of counsel, the court shall generally be governed by the
guidelines outlined in 18 U.S.C. 3006A.
(b) Appointment of Counsel.
(1) Counsel shall be selected from the same panels of attorneys designated or approved by
the district courts of the Eleventh Circuit as described in Addendum Four, which are hereby
approved by this court, or from a bar association, legal aid agency, or other approved organization.
In addition, any judge of this court may appoint competent counsel not otherwise included in the
preceding categories.
(2) Any person seeking relief under 29 U.S.C. 621, 42 U.S.C. 1981, 42 U.S.C. 1982,
42 U.S.C. 1983, 42 U.S.C. 1985, 42 U.S.C. 1986, 42 U.S.C. 2000a, 42 U.S.C. 2000d, and
42 U.S.C. 2000e or in such other cases as the court shall determine to be appropriate may be
eligible for representation. The court may approve such representation on a determination that the
interests of justice so require and that the person is financially unable to obtain representation.
(3) The court may at its discretion and in the interest of justice substitute one appointed
counsel for another at any stage of the proceedings on appeal.
(4) The court may at its discretion and where circumstances warrant make appointments of
counsel retroactive so as to include representation furnished prior to appointment.
(c) Withdrawal or Release of Appointed Counsel.
Counsel appointed under this rule to represent a party shall continue such representation until
relieved by order of the court of appeals.
(d) Duties of Appointed Counsel.
(1) Appointed counsel shall furnish the party represented, upon written request, with a copy
of motion papers and briefs filed for the party on the appeal, and shall send the party a copy of the
Rev.: 8/07
Addendum Five
court's decision when issued; the clerk will send appointed counsel an extra copy of the decision for
this purpose.
(2) Appointed counsel shall appear for oral argument only when directed by the court.
(3) In the event of affirmance or other decision adverse to the party represented appointed
counsel shall promptly advise the party in writing of the right to seek further review by the filing of
a petition for writ of certiorari with the Supreme Court.
(4) Appointed counsel shall advise the party represented in each case that, if the party wishes
to file a petition for a writ of certiorari with the Supreme Court, the party may have the right to do
so without prepayment of fees and costs or giving security therefor.
(5) No appointed representative under this rule shall accept a payment from or on behalf of
the person represented in this court without prior authorization by a United States circuit judge.
(e)
(1) In all appeals covered by this rule, the court of appeals may authorize reimbursement of
necessary expenses reasonably incurred in representing a party on appeal, consistent with the
limitations contained in the Criminal Justice Act, by any private attorney, bar association, legal aid
agency, or other approved organization appointed by the court for the purpose of representing a party
on appeal pursuant to this addendum. Compensation for attorney services as a fee for either in-court
or out-of-court time is not authorized.
(2) Travel expenses and other expenses reasonably incurred and necessary for adequate
representation on appeal may be claimed by an appointed attorney or other legal representative. The
clerk of court shall furnish each attorney or other representative at the time of appointment with
information as to expenses currently allowable and in accordance with rules, regulations and
guidelines promulgated by the Judicial Conference of the United States. Per diem may not be
claimed in lieu of actual travel and subsistence expenses. Meal and lodging expenses incurred
incident to representation on appeal, necessary long distance telephone calls or telegrams, and the
cost of photocopying (but not printing), are reimbursable expenses within the guidelines established
by the court. Expenses of general office overhead, personal items, filing fees and expenses of
printing of briefs are not reimbursable. Expenses of travel by private automobile may be claimed
on a straight mileage basis at the authorized rate. See (6) of the guidelines, below. Parking fees
and toll expenses are allowable. Transportation other than by private automobile may be claimed
on an actual cost basis, but first class fare is not permitted unless absolutely necessary and
documentation is provided that tourist or economy fares were not available.
(3) Unless otherwise ordered by the court for good cause shown, travel expenses other than
those incurred in connection with attending oral argument will not be reimbursed without a prior ex
parte application to and approval by the court.
Rev.: 8/07
Addendum Five
(4) All claims for reimbursement of expenses for representation on appeal shall be itemized
in detail and filed with the clerk of court on officially approved forms that the clerk's office will
provide. Claims should be filed as promptly as possible and in no event later than 60 days after
issuance of the mandate.
(5) After approval of allowable reimbursable expenses by the court, the claim form will be
forwarded to the circuit executive for payment.
(6) Reimbursable Expenses.
(a) Travel and transportation expenses. Travel and transportation must be accomplished by
the most economical means available. Only actual expenses may be claimed.
(i) Air transportation. Tourist or economy accommodations must be used except
where unavailable. A copy of the ticket must be attached to the claim form. If travel
by first class air transportation is claimed a detailed explanation of the reasons
therefor must be provided with the ticket copy.
(ii) Automobile transportation. The total mileage cost shall not exceed the fare
authorized for travel by tourist or economy air transport except in an emergency or
for other compelling reasons. Travel by privately owned automobile shall not exceed
the current government authorized rate for official travel per mile on a straight
mileage basis, plus parking fees, ferry, bridge, road, and tunnel fares.
(iii) Local transportation. Local travel will be accomplished by the most economical
means available and only actual expenses may be claimed. Transportation to and
from an airport should be by airport shuttle, if available.
(iv) Meals and lodging. Reasonable compensation for hotel or motel
accommodations and meals will be allowed on an actual expense basis subject to the
limitations governing compensation for federal employees traveling to the same
destination. Counsel will be notified by the clerk prior to the scheduled oral
argument session of the current limitations. A copy of the hotel or motel bill shall
be attached to the claim form.
(b) Photocopying. Actual costs not to exceed 25 cents per page will be paid if copy bill is
submitted. For in-house copying, actual costs not to exceed 15 cents per page will be paid.
(c) Express mail and other special arrangements. For delivery of items that could have been
mailed via U.S. Postal Service first class mail, additional expenses will be reimbursed only
if a satisfactory explanation is given why first class mail service was not utilized. In
non-emergency cases routine documents such as briefs and motions should be prepared early
enough to permit use of first class mail.
Rev.: 8/07
Addendum Five
Rev.: 8/07
Addendum Five
http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html
Home > ABA Groups > Standing Committee on Legal Aid and Indigent Defendants > Initiatives > Civil
Right to Counsel
Additional Resources
ABA Toolkit for a Right to Counsel in Civil
Proceedings
Page 1 of 2
Neil Gillespie
From:
<Tara_Price@ca11.uscourts.gov>
To:
<neilgillespie@mfi.net>
Sent:
Monday, January 05, 2015 10:53 AM
Subject: Fw: Judge blasts Florida for depriving children of needed healthcare
Dear Mr. Gillespie:
Per your request, the ruling was issued in Case No. 1:05-cv-23037-AJ, and the docket entry is 1294.
Please let me know if I may be of further help.
Thanks- Tara
Tara R. Price
E-mail: Tara_Price@ca11.uscourts.gov
----- Forwarded by Tara Price/CA11/11/USCOURTS on 01/05/2015 10:48 AM -----
----- Forwarded by Adalberto Jordan/CA11/11/USCOURTS on 01/05/2015 10:39 AM ----From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Honorable Adalberto J Jordan" <ajordan@ca11.uscourts.gov>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 01/04/2015 09:11 PM
Subject: RE: Judge blasts Florida for depriving children of needed healthcare
1/12/2015
Page 2 of 2
I regret contacting you directly, but the Eleventh Circuit unfortunately does not provide email access for
questions. From past experience I know telephone calls to the court are futile for questions of this type.
Thank you, Your Honor.
Sincerely
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
1/12/2015
Page 1 of 5
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
Tara R. Price
Law Clerk to the Honorable Adalberto Jordan
U.S. Court of Appeals for the Eleventh Circuit
99 N.E. 4th Street, Suite 900
Miami, Florida 33132
Phone: 305.523.5563
E-mail: Tara_Price@ca11.uscourts.gov
Dear Ms. Price:
Thank you for your response. I appreciate your assistance, and offer of further help.
There is another matter involving the wrongful foreclosure of my home on a HECM reverse mortgage, C.A.11 Case No. 13-11585-B.
Recently I called the court a number of times for information but got nothing. Perhaps it is due to traumatic brain injury and not being
able to speak coherently enough to make my point. I have not been able to locate an email address to communicate with the Eleventh
Circuit. I would appreciate a referral to someone in the court who could respond by email. This is a request for disability
accommodation under the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA), as amended, if the Eleventh
Circuit recognizes the ADA.
The attached Order of July 25, 2013 denied reconsideration (also attached), but allowed relief under 18 USC 1651, the all writs act.
"Should Gillespie wish to petition for mandamus relief, he may file a separate petition for a writ of mandamus or prohibition with this
Court. See 28 U.S.C. 1651; Fed.R.App.P.21".
In addition, the Clerk of the Eleventh Circuit provided information for filing a petition for writ of certiorari, in forma pauperis, with
the U.S. Supreme Court, which I filed October 23, 2013, see
Petition 13-7280 Writ of Certiorari SCOTUS, Gillespie v RMS, Florida Bar
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-7280.htm
Petition 13-7280 was denied January 13, 2014; Rehearing was denied March 10, 2014. As you know, grant of certiorari is
discretionary and rare, and denial of a petition is not a judgment on the merits.
Apparently Petition 13-7280 was impaired by corruption, like Petition 12-7747 before it, and appears to involve persons within the
Supreme Court. http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-7747.htm
However it does NOT appear Justice Thomas was involved in the corruption of my petition. Justice Thomas Granted my Application
12A215 on September 13, 2012 extending time to file until December 10, 2012, see http://www.supremecourt.gov/Search.aspx?
FileName=/docketfiles/12a215.htm
Attached you will find a letter from FBI Unit Chief Brian J. Nadeau, FBI Headquarters. Since then I have been in email contact
providing information and documents to Special Agent Paul Wysopal, FBI Tampa, and Special Agent Michelle S. Klimt,
Jacksonville.
Attached is an Index to Petition 12-7747 and Rule Applications that explains the issues.
Attached is an Index to Petition 13-7280
All the files for each petition are on CD-ROM
Unanswered letter to Chief Justice John Roberts Mar-05-2014. A linked version is online,
http://nosueorg.blogspot.com/2014/08/no-response-from-chief-justice-john.html
Unfortunately I am an indigent, disabled, nonlawyer reluctantly appearing pro se. Currently this case is back in Marion County Circuit
1/12/2015
Page 2 of 5
Court, Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie et al, 42-2013-CA-000115-AXXX-XX, Marion County, Fifth Judicial
Circuit.
Unfortunately the Marion County proceedings before Judge Hale Stancil were a sham. [as were the District Court proceedings before
Judge William Terrell Hodges].
Separately I am forwarding three emails,
Email 1: December 18, 2014 to Arthur Lee Bentley, U.S. Attorney, Middle District of Florida, John Anthony Tomasino, Clerk,
Supreme Court of Florida, Tad David, General Counsel, Office of State Courts Administration, and others including the Florida
Cabinet, the JQC, and The Florida Bar. The subject line of the email is "Shame on the Hale Ralph Stancil kangaroo court - listen for
yourself".
Judge Stancil denied my motion to disqualify him, and immediately proceeded with a case management conference that turned out to
be a "hearing on all motions". The Court did not respond to my Title II ADA request for disability accommodation, so I did not attend
the hearing in person. Instead, Judge Stancil called me for a telephonic hearing, which was recorded. All my calls are recorded, see
attached my letter to Special Agent Paul Wysopal, FBI Tampa. A .wav file of the short hearing (approximately 9 minutes) is attached
to the email, and is remarkably clear. A transcript of the hearing is attached to this email. Judge Stancil has not entered an Order
following the hearing directing a response in 20 days, which expires tomorrow, I believe.
Email 2: December 24, 2014, Letter to Arthur Lee Bentley, U.S. Attorney, with attachments. This letter and attachments were filed in
the Marion Co. foreclosure case, see the Notice attached.
Email 3. January 5, 2015 to Gregory C. Harrell, General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller, and Arthur Lee Bentley, U.S. Attorney, Middle District of Florida, John Anthony
Tomasino, Clerk, Supreme Court of Florida, Tad David, General Counsel, Office of State Courts Administration, and others including
the Florida Cabinet, the JQC, and The Florida Bar.
This email concerns White Supremacy Racism and Proclamations of Confederate History Month by the Marion County Florida
BOCC, one for April 26, 2014 and one for May 7, 2013; and a Confederate statute called "Johnny Reb" removed from the courthouse.
Confederate currency posted on the government website for David R. Ellspermann, Marion County Clerk of Court & Comptroller;
News report July 14, 2014 that Deputy Chief David Borst (left) and Cpl. George Hunnewell are no longer with the Fruitland Park
Police Department after an FBI report linked them to the Ku Klux Klan. Fruitville is located in Lake County Florida and is part of the
Fifth Judicial Circuit. Marion County is also part of the Fifth Judicial Circuit.
http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/cfn/2014/7/14/fruitland_park_kkk_p.html
Marion County governments ongoing relationship with the Confederacy, and its underlying white supremacy racism, may explain the
discrimination I have encountered as a person with a disability in the wrongful foreclosure of my home on a HECM reverse mortgage,
Reverse Mortgage Solutions, Inc. vs Neil J Gillespie, et al, 2013-CA-00115, Marion County Circuit Court, Fifth Judicial Circuit.
The U.S. Eleventh Circuit has authority to make a Non-Criminal Justice Act Counsel Appointment. The U.S. Eleventh Circuit adopted
provisions for furnishing representation for persons financially unable to obtain adequate representation in cases and situations which
do not fall within the scope of 18 U.S.C. 3006A, as amended -- but in which the court believes that the interests of justice will be
served by the presence of counsel.
See Addendum Five, U.S. Eleventh Circuit, Rev.: 8/07, found online,
http://www.ca11.uscourts.gov/attorney-info/criminal-justice-act
http://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/RulesAddendum05AUG07.pdf
ADDENDUM FIVE
NON-CRIMINAL JUSTICE ACT COUNSEL APPOINTMENTS
The court adopts these provisions for furnishing representation for persons financially unable to obtain adequate
representation in cases and situations which do not fall within the scope of 18 U.S.C. 3006A, as amended but in
which the court believes that the interests of justice will be served by the presence of counsel.
(a) Determination of Need.
In determining need for appointment of counsel, the court shall generally be governed by the guidelines outlined in 18
1/12/2015
Page 3 of 5
U.S.C. 3006A.
(b) Appointment of Counsel.
(1) Counsel shall be selected from the same panels of attorneys designated or approved by the district courts of the
Eleventh Circuit as described in Addendum Four, which are hereby approved by this court, or from a bar association,
legal aid agency, or other approved organization. In addition, any judge of this court may appoint competent counsel not
otherwise included in the preceding categories.
(2) Any person seeking relief under 29 U.S.C. 621, 42 U.S.C. 1981, 42 U.S.C. 1982, 42 U.S.C. 1983, 42 U.S.C.
1985, 42 U.S.C. 1986, 42 U.S.C. 2000a, 42 U.S.C. 2000d, and 42 U.S.C. 2000e or in such other cases as the court
shall determine to be appropriate may be eligible for representation. The court may approve such representation on a
determination that the interests of justice so require and that the person is financially unable to obtain representation.
Currently there are two federal court orders permitting me to litigate this foreclosure in federal court. U.S. Judge Wm. Terrell Hodges,
in Order Remanding Case (Doc 19), [fn1, p.4],
This Order should not be interpreted as a ruling concerning whether, or to what extent, Mr. Gillespie can sue HUD in a
separate action. Rather, this Order is limited to whether the Court has subject matter jurisdiction over the specific action
that has been removed to this Court".
The U.S. Eleventh Circuit entered a favorable Order July 25, 2013 that states in relevant part: "Should Gillespie wish to petition for
mandamus relief, he may file a separate petition for a writ of mandamus or prohibition with this Court. See 28 U.S.C. 1651;
Fed.R.App.P.21".
So there are two federal court orders permitting this case in federal court, which is required due to the subject matter, a disputed
federal Home Equity Conversion Mortgage, or HECM.
A HECM does not require a homeowner to make mortgage payments as a conventional mortgage does. Instead, a HECM does not
become due and payable until the last surviving homeowner dies or no longer lives in the home. 12 U.S.C. 1715-z20(j) Safeguard to
prevent displacement of homeowner. The HECM becomes due and payable in full "if a mortgagor dies and the property is not the
principal residence of at least one surviving mortgagor....and no other mortgagor retains title to the property." 24 C.F.R. 206.27(c).
I am one of two surviving HECM mortgagors, and the only surviving homeowner living in the home, alone, in substantial compliance
with the HECM Note, making this foreclosure of a HECM premature. My bother Mark Gillespie of Fort Worth Texas is also a
surviving borrower, but he does not live in the home. The HECM becomes due and payable in full "if a mortgagor dies and the
property is not the principal residence of at least one surviving mortgagor....and no other mortgagor retains title to the property." 24
C.F.R. 206.27(c). Mortgagor Ms. Gillespie died in 2009.
But I am a surviving borrower or mortgagor living in the home as my principal residence, and retain title to the property. Therefore I
dispute the Plaintiffs allegations in its "Verified Complaint to Foreclose Home Equity Conversion Mortgage". That means a
substantial disputed issue of federal HECM law is a necessary element of the Plaintiffs state law foreclosure claim that this HECM is
due and payable. The district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S. Constitution, Article III,
Section 2 for "all cases, in law and equity, arising under this Constitution, [and] the laws of the United States...".
Currently pending in the Florida Supreme Court, Case No. SC14-1637, Neil J Gillespie v. The Florida Bar, is a public records petition
under Bar Rule 1-14.1(a) Access to Records,
http://www.floridabar.org/divexe/rrtfb.nsf/FV/1C7E7D34CC6C492685256BBC005DDA00
Please find attached five important Orders in SC14-1637
2014, 10-15-14, ORDER SC14-1637 Granted in part, counsel denied
2014, 10-21-14, ORDER SC14-1637 Vacated earlier order, etc
2014, 11-26-14, ORDER SC14-1637 Petitioners IFP motion GRANTED
2014, 11-26-14, ORDER SC14-1637 prior IFP order Vacated
2014, 12-14-14, ORDER SC14-1637 Granted Time to Jan-12-2015
The petition is due Monday January 12, 2015. Disability issues are also involved, see attached my ADA Title II request, parts except
C.A.11-No.12-11213-C Amended Disability Motion-Aug-09-2012, PACER due to the large file size, and already filed with the
Eleventh Circuit. Separately attached is C.A.11-No.12-11213-C Amended Disability Motion-Aug-09-2012 PDF which is much easier
to read than the PACER version, and a much smaller file size.
So there are really two petitions due Monday January 12, 2015, one on the merits, and a right to counsel appointment. However my
petitions will show a conflict with all the Florida Justices except Justice Canady, and SC11-1622 and SC11-858.
I am also in the process of writing a consolidated letter to organizations for people with craniofacial and speech disorders. This is a
1/12/2015
Page 4 of 5
slow process, and involves going through old correspondence, and creating a coherent message. Attached is a letter from J. Peter
Hoguet of April 15, 1994 to me, and page 88 of the proceedings referenced in the letter, which is my question about insurance
coverage during the conference. There is too much information for one letter, which is why I created a separate web page dedicated to
the issues http://www.nosue.org/facematters-org/
Currently there are 41 names on my contact list, and a couple of names to add. From the ACPA, http://www.acpacpf.org/who_we_are/officers_council_members_and_committees/
Also the Officers of the Board, Board of Trustees & Honorary Trustees, for The National Foundation for Facial Reconstruction
(NFFR), DBA myFace in New York http://myface.org/our-board/
There are people on this board that will know and understand the issues once my letter is done. For example, Carolyn Spector, J.D.,
LL.M., Executive Director of myFace, is an attorney, http://myface.org/our-staff/
In conclusion, I will begin working on a petition under 18 USC 1651, the all writs act, to stay the proceedings in Marion County,
Reverse Mortgage Solutions, Inc. vs Neil J Gillespie, et al, 2013-CA-00115, Marion County Circuit Court, Fifth Judicial Circuit.
There are conflicts with Florida Supreme Court Justices in SC14-1637. Perhaps SC14-1637 should be included in a petition under 18
USC 1651, the all writs act.
Thank you Ms. Price.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Tara_Price@ca11.uscourts.gov
To: neilgillespie@mfi.net
Sent: Monday, January 05, 2015 10:53 AM
Subject: Fw: Judge blasts Florida for depriving children of needed healthcare
Dear Mr. Gillespie:
Per your request, the ruling was issued in Case No. 1:05-cv-23037-AJ, and the docket entry is 1294.
Please let me know if I may be of further help.
Thanks- Tara
Tara R. Price
----- Forwarded by Adalberto Jordan/CA11/11/USCOURTS on 01/05/2015 10:39 AM ----From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Honorable Adalberto J Jordan" <ajordan@ca11.uscourts.gov>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 01/04/2015 09:11 PM
Subject: RE: Judge blasts Florida for depriving children of needed healthcare
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Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
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of 2008?
Civil counsel may be appointed "in any situation in which the court appoints counsel to protect a litigants due process rights" 29.007 Courtappointed counsel.
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0029/Sections/0029.007.html
29.007 Court-appointed counsel.For purposes of implementing s. 14, Art. V of the State Constitution, the elements of court-appointed counsel
to be provided from state revenues appropriated by general law are as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot be represented by the public defender or
the office of criminal conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent
indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional
guarantees and federal and state statutes.
Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court determines that the litigant is indigent for
costs; or when the litigant is acting pro se and the court determines that the litigant is indigent for costs at the trial or appellate level. This section
applies in any situation in which the court appoints counsel to protect a litigants due process rights.
Unfortunately Hale Ralph Stancil knowingly failed to protect my due process rights. I consider that a deprivation of rights under the color of law,
in violation of 18 USC 242. http://www.justice.gov/crt/about/crm/242fin.php
THE BANKS DESTROYING AMERICA, Florida attorney Matt Weidner, http://youtu.be/BsLoG4Q8k58
An Occupy.com Profile: Captain Ray Lewis, http://youtu.be/jv_CcmRZ7zc
The American Bar Association (ABA) recently added a "Civil Right to Counsel" page, "Law Governing Appointment of Counsel in State Civil
Proceedings", http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html with 50 research reports,
one for each state detailing existing authority for appointment of counsel in various types of civil proceedings. There is an Appendix: International
Law Relating to Appointment of Counsel in Civil Proceedings.
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_appendix.authcheckdam.pdf
Florida law for civil counsel appointment.
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_fl.authcheckdam.pdf
Law Addressing Authorization or Requirement to Appoint Counsel in Civil Proceedings Generally
State Statutes and Court Decisions Interpreting Statutes
Fla. Stat. 29.007 (2011) ("Court-appointed counsel") provides:
For purposes of implementing s. 14, Art. V of the State Constitution [relating to funding
of the judiciary], the elements of court-appointed counsel to be provided from state
revenues appropriated by general law are as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is
indigent and cannot be represented by the public defender or the office of criminal
conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent
indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional
guarantees and federal and state statutes.
...
This section applies in any situation in which the court appoints counsel to protect a
litigants due process rights.
A private attorney appointed by a court pursuant to 29.007 (2011) "shall be reimbursed for reasonable and necessary expenses" incurred during
representation. Fla. Stat. 27.5304 (2011). Fla. Stat. 27.5304 lists the fat fees to be awarded to private attorneys. Counsel may seek compensation
in excess of the fat fees listed in 27.5304 only if "compensation on an hourly basis at a rate of $75.00 would be at least double the fat fee." Justice
Admin. Comm'n v. Shaman, 59 So. 3d 1231 (Fla. App. 2011).
The ABA report shows Florida is authorized to appoint counsel in Specific Types of Civil Proceedings, page 2,
Law Addressing Authorization or Requirement to Appoint Counsel in Specific Types of Civil Proceedings
1. Shelter
Federal Statutes and Court Decisions Interpreting Statutes
The federal Fair Housing Act, contained within Title VIII of the Civil Rights Act of 1968, provides that "[a]n aggrieved person may commence a
civil action in an appropriate United States district court or State court." 42 U.S.C. 3613 (a)(1)(A). Further, "[u]pon application by a person
alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may-- (1) appoint an attorney for such
person." 42 U.S.C. 3613(b).
On December 10, 2013 I filed a civil rights complaint against McCalla Raymer LLC, et al. and others with the Florida Commission on Human
Relations (FCHR) the complaint was ignored and dismissed. However my HUD complaint also claimed under civil rights.
Forward
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_foreword.authcheckdam.pdf
"It is a commonplace for courts throughout the United States to announce, "there is no right to counsel in civil cases in this state." Yet, in truth, in
every state there are at least a few categories of civil cases in which indigent litigants have a right to counsel. Indeed in some jurisdictions there are
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many such rights. It also is not unusual for state law to grant judges a discretionary power to appoint counsel for such litigants in still other kinds of
cases, or even for all civil cases."
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
352-854-7807
neilgillespie@mfi.net
Judge Stancil,
This email is to confirm that Sue Starling received my faxed motion to disqualify you, that was served on you at 5.23 AM today by the Florida
Courts E-filing portal. Sue said you were going ahead with the hearing anyway. That is contrary to law. I left a message that I can attend
telephonically. A copy of the motion to disqualify you is attached.
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, Florida 34481
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Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
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Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
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Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
Gregory C. Harrell
General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
Mr. Harrell,
Randy Kerlin died January 23, 2013, see page 6 of the attached "The Stainless Banner" Florida Society of the Military Order of the
Stars and Bars Issue 18: Winter 2013, also online at the link.
http://www.mosbfl.org/sitebuildercontent/sitebuilderfiles/mosbflstainlessbannerwinter2013.pdf
"Ocala - Mr. James Randall "Randy" Kerlin, 57, of Ocala, passed away on Wednesday, January 23, 2013. Randy was born in
Selma, Alabama on March 22, 1955. He was a youth counselor for the Methodist Church and volunteered at the Museum of
Southern History in Jacksonville. He particularly loved history including the war between the states."
The death of Randy Kerlin January 23, 2013 therefore negates your contention below for Proclamations of Confederate History Month
by the Marion County Florida BOCC, one for April 26, 2014 and one for May 7, 2013, that:
"After being signed, both proclamations were apparently given to the recipient without copies being made. It is believed that
both were received by Randy Kerlin, who accepted them on behalf of the Military Order of the Stars and Bars, the United
Daughters of the Confederacy, the Children of the Confederacy, and the Sons of Confederate Veterans."
Neither Proclamation shows they were intended to be presented any particular "recipient", which further undermines your credibility.
Marion County governments ongoing adoration of the Confederacy, and its underlying white supremacy racism, may explain the
discrimination I have encountered as a person with a disability in the wrongful foreclosure of my home on a HECM reverse mortgage,
Reverse Mortgage Solutions, Inc. vs Neil J Gillespie, et al, 2013-CA-00115, Marion County Circuit Court, Fifth Judicial Circuit.
Marion County governments love affair with the Confederacy undermines the fair treatment and Civil Rights of residents who
disagree with and fail to support white supremacy racism.
Marion Countys proclamation of "Confederate History Month" is an affront to Humanity. Propaganda glorifying the unprovoked
Confederate attack on the United States at Fort Sumter, and the resulting American Civil War, undermines our society and promotes
the Ku Klux Klan.
Bay News 9 reported July 14, 2014 that Deputy Chief David Borst (left) and Cpl. George Hunnewell are no longer with the Fruitland
Park Police Department after an FBI report linked them to the Ku Klux Klan. Fruitville is located in Lake County Florida and is part
of the Fifth Judicial Circuit. Marion County is also part of the Fifth Judicial Circuit.
http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/cfn/2014/7/14/fruitland_park_kkk_p.html
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Mr. Harrell,
I would like to pay by debit card $3.30 for this record, and 0.30 for the other record, $3.60 total, is that correct? I will provide you a
UPS return shipping label. Thank you.
Neil J. Gillespie
----- Original Message ----From: Greg Harrell
1/12/2015
Page 4 of 4
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
>>> "Neil Gillespie" <neilgillespie@mfi.net> 1/2/2015 1:54 PM >>>
1/12/2015
Page 1 of 1
Neil Gillespie
From:
"Neil Gillespie" <neilgillespie@mfi.net>
To:
<Tara_Price@ca11.uscourts.gov>
Cc:
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Sent:
Tuesday, January 06, 2015 1:44 PM
Subject: RE: Confederate currency displayed on the Marion County Clerk's website
----- Original Message ----From: Neil Gillespie
To: Greg Harrell ; Lee Bentley ; DOJ ADA ; Ramon A. Abadin ; Adria E Quintela ; Gregory William Coleman ;
John F Harkness ; John Thomas Berry ; Paul F Hill ; Pam Bondi, AG ; Jeff Atwater, CFO ; Gov. Rick Scott ;
Adam Putnam, Comm. ; Public Information Office ; Patricia Ann Toro Savitz ; Frank Harlan Killgore Jr. ; Barry
Rodney Davidson ; Jon Marshall Oden ; Robert J. Stovash ; Michael Schneider ; Tad David ; OSCA email ; ADA
OSCA ; John Anthony Tomasino ; Carl Zalak ; David Moore ; Earl Arnett ; Kathy Bryant ; Stan Mcclain ; David
Ellspermann ; Grace Ann Fagan ; Hon. Don F Briggs ; Hon. Hale R Stancil ; Tameka Gordon, ADA Coordinator
Cc: Neil Gillespie
Sent: Monday, January 05, 2015 6:11 PM
Subject: Re: Records request to Mr. Harrell, Art. I, Sec. 24, Florida Constitution
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
>>> "Neil Gillespie" <neilgillespie@mfi.net> 1/2/2015 9:44 AM >>>
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Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
Mr. Dawson, please see attached my reply to your response. You are free to submit my Notice of ADA
Title II request as a motion. In the alternative, I may do so. Thank you. Neil J. Gillespie
----- Original Message ----From: Silvester Dawson
To: 'Neil Gillespie'
Cc: Jack Harkness ; Adria E Quintela ; John A. Tomasino ; Debbie Howells
Sent: Tuesday, December 16, 2014 10:52 AM
Subject: RE: Gillespie ADA accommodation request to Florida Supreme Court, SC14-1637
Mr. Gillespie,
As stated on the ADA Accommodation Request Form you submitted, the Florida State Courts
System cannot administratively provide legal counsel or advice as an ADA accommodation.
A request for appointment of legal counsel is a legal matter that must be submitted in
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motion form to the Court. We note that you have made such a motion in Case No. SC141637. The on-line docket indicates that your motion for appointment of counsel remains
pending and will be submitted to the Court for consideration with the petition for a writ of
mandamus.
Silvester Dawson/Marshal
Office of the Marshal
Supreme Court of Florida
Email: dawson@flcourts.org
This communication, along with any attachments, is covered by federal and state law governing
electronic communications and may contain confidential and legally privileged information. If the
reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution, use or copying of this message mayconstitute a violation of 119, F. S. and is strictly
prohibited. If you have received this in error, please reply immediately to the sender and delete this
message.
1/12/2015
Plaintiff,
vs.
NEIL J. GILLESPIE, and NEIL J. GILLESPIE
AS SOLE-TRUSTEE OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
________________________________________/
NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III
United States Attorney, Florida Middle District, December 24, 2014
1.
nonlawyer reluctantly appearing pro se for himself and his interests as SOLE TRUSTEE of THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997 (Trust), gives
NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III1, United States Attorney,
Florida Middle District, December 24, 2014, and states,
2.
Today I notice filing of my letter2 with attachments to ARTHUR LEE BENTLEY III,
United States Attorney, Florida Middle District, December 24, 2014 by email, in this matter.
3.
Thirty exhibits filed today with the letter to Mr. Bentley, USAFLM. The exhibit numbers
shown appear only in the document title for this filing for organizational purposes.
Exh 1, RULE 1.115. PLEADING MORTGAGE FORECLOSURES
Exh 2, RMS v Gillespie et al, 5 page complaint, my scan
Exh 3, 2014, 12-18-14, Order Denying Motion Disqualif-NJG.
Exh 4, 2014, 12-18-14, Order Denying Motion Disqualif-Trust.
Exh 5, 2014, 12-18-14, Order Denying Motion Disqualif-Unknown.
1
Arthur Lee Bentley III, nominated by the President to be United States Attorney for the Middle
District of Florida for the term of four years, was confirmed December 16, 2014 by the Senate by
Voice Vote. http://www.judiciary.senate.gov/nominations/executive/pn1804-113
2
Note correction for page 2: Steven H.L. Bowman (Bar ID 434396) was disbarred for 10 years
on July 21, 2010. (corrected from July 21, 2014).
1.
Attached you will find three orders I got in the mail late yesterday from Judge Stancil.
Each is captioned ORDER DENYING DEFENDANT'S MOTION DISQUALIFY HALE
STANCIL. My name is misspelled three times in each of three orders dated December 18,
2014. The Certificate of Service is dated December 19, 2014. Three envelopes each postmarked
December 22, 2014 are addressed to:
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living
Trust Agreement dated February 10, 1997 8092 SW 115th Loop Ocala, FL 34481
2.
The Florida Bar, Paul Hill, General Counsel, notified me by email Friday December 19,
2014 at 3:08 PM that UPL Case No. 20133090(5) against me was closed, see attached. The
attached closure letter of Ms. Coaxum dated May 5, 2014 references EHQF Trust v. S & A
Capital Partners, Inc., 947 So. 2d 606 (Fla. 4th DCA 2007). From the attached Order:
The notice of appeal filed by appellant, a trust, was not signed by an attorney licensed to
practice law in Florida. Section 454.23, Florida Statutes (2006), prohibiting the
unlicensed practice of law, provides no exception for representation of a trust. Although
Florida has not previously addressed the issue, other states have concluded that a trustee
cannot appear pro se on behalf of the trust, because the trustee represents the interests of
others and would therefore be engaged in the unauthorized practice of law.
3.
As sole trustee, I filed Notice of Trust June 24, 2014 with the Marion County Probate
Court, case 42-2014-CP-001060-AXXX-XX. The receipt and docket appear with the Notice.
The Trust avoided probate and the case is closed.
4.
Attached is my Acceptance of Office of Sole Trustee. At all times pertinent, my brother
and I had a conflict as co-trustees, and he and related interests were represented by counsel,
KAUFMAN, ENGLETT & LYND, PLLC. Consent to Judgment was filed July 8, 2013.
The attorney who made the Trust for my parents, Steven H.L. Bowman (Bar ID 434396) was
disbarred for 10 years on July 21, 2014 and could not represent me, see attached. Our current
family lawyer represented other Defendants in this case. I was unable to obtain other counsel.
My brother et al was represented by counsel, Anthony J. Solomon, Esq., Florida Bar No. 93057,
KAUFMAN, ENGLETT & LYND, PLLC
The following is from my Rule 1.150 Motion to Strike Sham Pleadings filed July 25, 2014:
5.
Notice of Defendants Consent to Judgment was entered July 8, 2013 by counsel of
record for MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD. (Exhibit 5).
6.
Mark Gillespie resigned as co-trustee of the Trust to avoid breach of Trust after giving
consent to judgment. The property in foreclosure is the only asset of the Trust.
A trustee shall take reasonable steps to take control of and protect the trust property.
Section 736.0809, Florida Statutes, Control and protection of trust property.
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims
against the trust. Section 736.0811, Florida Statutes, Enforcement and defense of claims.
6.
Mark Gillespie quit-claimed any interest in the property to me July 7, 2014. The QuitClaim Deed was filed with the Clerk July 9, 2014, and a copy appears at Exhibit 6.
7.
A trustee shall take reasonable steps to compel a former trustee or other person to deliver
trust property to the trustee and, except as provided in s. 736.08125, to redress a breach of
trust known to the trustee to have been committed by a former trustee. Section 736.0812,
Florida Statutes, Collecting trust property.
The Florida Bar review, 13 Fla. Jur 2d Creditors' Rights 91
The equitable interest of a defendant as beneficiary of a trust is not subject to
garnishment, at least in the absence of express statutory authorization.[1] The creditors of
the trustee are not entitled to an attachment to subject trust property held by the trustee to
the payment of the trustee's debts.[2] In fact, the remedy is not available even if the debt
is chargeable to the trust itself.[3] Likewise, social security and withholding taxes held in
a trust fund for the United States established and managed by a debtor are not
garnishable.[4] Under a contract providing a brokerage fee of 5% of all principal paid to
the seller, the seller became a trustee for the broker of 5% of all payments received, and
the broker was not a general creditor of the seller so that the trust funds could not be
reached by general creditors of the seller, and the estate of the seller became a successor
constructive trustee as to payments received by it.[5]
Westlaw 91. Property held in trust, May 4, 2010
Susannah Lyle of The Bar responded October 23, 2014 1:41 PM by email, see attached,
I relayed your concern to a couple of the attorneys on the Consumer Protection Law
Committee. Here is what they said:
The pamphlet states that the revocable trust assets are not protected during the maker's
lifetime. This makes sense because the trust is revocable by the maker during his/her
lifetime. It is my understanding that the Fla. Jur. passage discusses protection of those
assets from the makers creditors after the maker's death - when the trust is in effect and
no longer revocable because the owner is deceased. The pamphlet is correct that the
beneficiaries' creditors could then go after the assets absent a spendthrift provision in the
trust. (Trust has a spendthrift provision).
8.
Judge Stancil failed to conduct a case management conference as provided by Rule
1.200, Pretrial Procedure, enclosed. Instead it appears the judge and Mr. Curtis cooperated on a
motion to hear all motions, contrary to the enclosed Rule 1.100(b) that requires, All notices of
hearing shall specify each motion or other matter to be heard.
The following is from a renewed motion to disqualify Judge Stancil.
9.
During a hearing December 18, 2014 on the foreclosure of my residential homestead
property, Judge Stancil and attorney Curtis Wilson of McCalla Raymer denied my right to due
process by violating Rule 1.115(a) Pleading Mortgage Foreclosures, that required dismissal of
the verified complaint for failing to plead that the Plaintiff is the holder of the original note.
10.
The Plaintiffs 5 page Verified Complaint To Foreclose Home Equity Conversion
Mortgage (the Complaint) appears at Exhibit 1. The Complaint fails to meet the requirements
of Fla. R. Civ. Pro., Rule 1.115(a) Pleading Mortgage Foreclosures, that states,
Rule 1.115(a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage or
other lien on residential real property, including individual units of condominiums and
cooperatives designed principally for occupation by one to four families which secures a
promissory note, must: (1) contain affirmative allegations expressly made by the claimant
at the time the proceeding is commenced that the claimant is the holder of the original
note secured by the mortgage; or (2) allege with specificity the factual basis by which the
claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes.
11.
Nothing in the Complaint shows the Plaintiff is the holder of the original note secured
by the mortgage; Nothing in the Complaint alleges with specificity the factual basis by which
the claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes.
Likewise, the Complaint failed to meet the other requirements of Rule 1.115:
(b) Delegated Claim for Relief.
(c) Possession of Original Promissory Note.
(d) Lost, Destroyed, or Stolen Instrument.
(e) Verification.
12.
On July 25, 2014 I filed Defendants Rule 1.150 Motion To Strike Sham Pleadings,
Plaintiffs Verified Complaint To Foreclose Home Equity Loan. THE MOTION HAS NOT
BEEN HEARD as of today. Therefore the Complaint must be dismissed. Judge Stancil ignored
Rule 1.115(a), and failed to dismiss the Complaint. In failing to uphold the law, Judge Stancil
violated Supreme Court of Florida Administrative Order No. AOSC14-66, that holds in part,
In all things, a judge shall respect and comply with the law and shall act at all times in a
manner that promotes public confidence in the integrity and impartiality of the judiciary.
Canon 2A, Code of Judicial Conduct.
Please advise if you want any of the forgoing to remain confidential, although some of the
information has been public for some time. Thank you for your assistance.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Enclosures
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Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
12/26/2014
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
12/26/2014
Certificate of Service
December 26, 2014
I hereby certify that Notice of Filing Letter to Arthur Lee Bentley III, United States
Attorney, Florida Middle District, December 24, 2014, was served by the Florida Courts EFiling Portal by email December 26, 2014 to the following names:
Arthur Lee Bentley III, United States Attorney
U.S. Attorney's Office, Middle District of Florida
400 North Tampa Street
Tampa, Florida 33602
Email Lee.Bentley@usdoj.gov
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net
Ramon A. Abadin
President-Elect, The Florida Bar
Email: ramon.abadin@sedgwicklaw.com
NEIL J. GILLESPIE
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: neilgillespie@mfi.net
Rule 2.516(a), No service need be made on parties against whom a default has been entered
RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS (Fla. R. Jud. Admin.)
(a) Service; When Required. Unless the court otherwise orders, or a statute or supreme
court administrative order specifies a different means of service, every pleading
subsequent to the initial pleading and every other document filed in any court proceeding,
except applications for witness subpoenas and documents served by formal notice or
required to be served in the manner provided for service of formal notice, must be served
in accordance with this rule on each party. No service need be made on parties against
whom a default has been entered, except that pleadings asserting new or additional
claims against them must be served in the manner provided for service of summons.
NOTE: Affidavits of Diligent Search filed February 12, 2013 in state court show no information
found as to: 1) Defendant Elizabeth Bauerle; 2) Defendant Unknown Spouse of Elizabeth
Bauerle; and 3) Defendant Unknown Settlors/Beneficiaries of the Gillespie Family Trust.
2013, 02-11-13, Disclaimer of the United States
Certificate of Indebtedness (COI) with a ZERO balance
2013, 06-19-13, P's Motion for default ORHA and DECCA
2013, 06-19-13, P's Notice dropping UNKNOWN SPOUSE NJG
2013, 07-08-13, Notice of Defendants' Consent to Judgment
Plaintiff,
vs.
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DISCLAIMER OF THE UNITED STATES OF AMERICA
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COMES NOW, the Defendant, the United States of America, by and tlitG.lP t~
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ROBERT E. O'NEILL
United States
0 ey
By:
COLLEEN MU PHY DAVIS
Assistant Unite
tates Attorney
USAO No. 68
Amqer L. Watson, Legal Assistant
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
Telephone: (813) 274-6000
Facsimile: (813) 274-6198
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by
Email this
MOTION TO DEFAULT
Plaintiff moves for entry of default in the above styled cause for failure of defendants, OAK RUN
HOMEOWNERS
ASSOCIATION,
INC.
AND
DEVELOPMENT
&
CONSTRUCTION
CORPORATION OF AMERICA, to file or serve a pleading or other paper within the time required by
law.
Dated this
ENTRY OF DEFAULT
It appears that defendants, OAK RUN HOMEOWNERS ASSOCIATION, INC. AND
DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA in the above styled cause,
having been duly served according to the law, and said Defendants having failed to file or serve any paper
herein, Default is hereby entered against said Defendants.
NOTE TO CLERK: In the event that any of the aforenamed defendants have timely filed any
paper in the above-styled cause, or should their return of service not be filed, then please strike the name
of such defendant from the above motion.
Dated this _ _ day of
, 2013.
CLERK OF THE CIRCUIT COURT
As Clerk of the Court
BY:_~---------_
Deputy Clerk
1586449
12-02121-2
SERVICE LIST
1586449
12-02121-2
MORTGAGE
SOLUTIONS,
Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK
GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,
1997, et aI.,
Defendants.
- - - - - - - - - - - - - - -/
day of June,
13, to a
1586543
12-02121-2
SERVICE LIST
1586543
12-02121-2
RETURN OF NON-SERVICE
State of Florida
County of Marion
Circuit Court
, IIIIIIIIIIIIIIIIIIIIIIIIII~
Plaintiff:
REVERSE MORTGAGE SOLUTIONS, INC.
12-02121-3
vs.
Defendant:
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10,
1997, ET AL
For:
ORLANDO. FL 32801
Received by ROBERT W. MCGUINNESS on the 11th day of January, 2013 at 9:38 am to be served on UNKNOWN
'. ROBERT W. MCGUINNESS. do hereby affirm that on the 12th day of January, 2013 at 1:55 pm, I:
NON-SERVED the SUMMONS, A NOTICE FROM THE COURT REGARDING LAWSUITS TO FORECLOSE MORTGAGES
ON HOMES, NOTICE OF LIS PENDENS, COMPLAINT AND EXHIBITS based on the comments detailed below:
SUBJECT PROPERTY IS NOT A MOBILE HOME. UPON INQUIRY. NEIL J. GILLESPIE STATED THAT NO SUCH PERSON
EXISTS. UPON INQUIRY, NEIL J. GILLESPIE STATED THAT THE PROPERTY 15 OWNER OCCUPIED AND THERE ARE
I certify that I am over the age of 18. I am not a party to this action and have no interest in the process being served. I have
been property certified as a process server by ADMINISTRATIVE ORDER A2008-21. I complied with all provisions of this
order and F.S. 48.031(5) at the time of service. Under penalties of pe~ury. I declare that I have read the foregoing Retum of
Service and that the facts stated in it are true to the best of my knowledge. F.S.92.525
ROBERT W. MCGUINNESS
10 # 05-07-6
Our Job Serial Number: 801-2013000435
Ref: 12-02121-3
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Case No.:
2013-CA-000115
Plaintiff,
v.
MARK GILLESPIE, et al.,
Defendants.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~I
NOTICE OF DEFENDANTS' CONSENT TO ,JUDGMENT
Defendants, MARK GILLESPIE and JOEITA GILLESPIE AKA UNKNOWN SPOUSE
OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD
(hereinafter, the "Defendants"), file this Notice of Defendant's Consent to Judgment:
1.
The Defendants,
Ocala, FL 34481 based on an "event of default" under the terms of the Adjustable Rate Note
(Home Equity Conversion) a/kIa "reverse mortgage".
3.
under the terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4.
5.
The Defendants desire swift resolution to this action so they hereby give consent
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have electronically filed via the Florida Courts eFiling
Portal and furnished a true and correct copy of the foregoing to Angela M. Brenwald, Esquire, of
McCalla
Raymer
LLC,
225
E.
Robinson
S1.,
Orlando,
FL
32801,
mrservice@mccallaraymer.com; via [x] Email Delivery, today July 5, 2013.
KAUFMAN, ENGLETT & LYND, PLLC
/s/ Anthony J. Solomon
Anthony J. Solomon, Esq.
Florida Bar No. 93057
111 N. Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: asolomon@kelattorneys.com
Secondary Email: KELinbox@kelattomeys.com
Attorney for Defendants:
MARK GILLESPIE and
JOETIA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE