't

2
J

Robert J. Fletcher No. 179770

Attomey at Law
P.O. Box 824
Tulare, C493274
(ss9) 684-179s
Attorney for Nicklas Arthur Hoffrnan

SUPERIOR COURT OF TIIE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF TULARE

7
8

Courtney and Melody Gillespie,

l0

ll
t2

Case

Plaintiffs.

SUPPLEMENTAL DECLARATION OF
NICKLAS HOFFMAN IN SUPPORT OF
APPLICATION FOR ORDER TO SHOW
CAUSE RE CONTEMPT AND ORDERS
ENFORCING RESTRAINING ORDER

vs.

Nicklas Arthur Hoffinan,

13

No.: IA-237521

Defendant
Continued
Hearing Date: March 8,2012 _
8:30 AM
Time:
10
Dept:
Hon. Lloyd L. Hicks
Judge:

14
15

16

l7
i8
19

I, Nicklas A. Hoffinan, hereby declare as

1.

follows:

I am the defendant in the above entitled

if called I could

case and

and would

I make this declaration of my own

testiff competently hereto. This

20

personal knowledge and

2I

declaration supplements my original declaration in this matter filed on Friday,

7)

May 02,2072

2.
.A

I firmly believe that both Courhrey Gillespie and Melody Gillespie have been
deceiving this Court since the beginning of this case in that neither Courtney Gillespie

25

DEFENDANT'S SUPPLEMENTAL DECLARATION IN SUPPORT APPLICATION FOR ORDER TO SHOW CA

Gillespie vs.

Hoffiian,

Case

No. 10-237521

nor Melody Gillespie are resiqling in their travel tailers located on the south l-3/4 acres

ofmy property iocated at 1831 N. Lime

Exhibit "E" is a copy of a motion filed July 25,2011 by Melody Gillespie in her

Chapter 13, Bankruptcy Case wherein she admits, atPage 2, Lines 8-I0, that she'ohas

moved within the past two years." And, again, on Page 3, Lines 5-6, she tells the

Bankruptcy Court that she "currently splits her time between two living places."

J.

Street, Porterville, California. Attached as

Attached hereto as Exhibit o'F" is a copy of a declaration by Mr. Jim Thompson si

by Mr. Thompson on Septembet23,20i0. In his declaration Mr. Thompson sets forth

that he was a Building and Zoning Inspector for the County of Tulare, that he did a

IO

follow-up visit to the prernises at 1831 N. Lime Street in Porterville on May 4,2010 and

il

that he spoke to Mr. Gillespie and that Mr. Gillespie told him at that time that

t2

Mr. Gillespie would have all the portable buildings and illegal structures "gone in 30

13

days" while "continuing to affirm that no on was living in any of the structures."

l4
+.

Additionally, the declaration by Gayle Garretson attached to my previous declaration

15

on this application as Exhibit

"D"

shows that

Mr. Ganetson had attended a Barbeque at

16

the Gillespies "new ranch and home they had justpurchased in the Strathmore foothills"

t7
and that

Mr. Garretson had observed that the Gillespies 'kere moving and have moved

18

I9
2A

2l
22
23

about half of their belongings

offof

the Hoffinan Family property during May, June and

July ofthis year." Mr. Garretson signed this declaration on August 19, 2010.

I am informed that placement of another electric pole in order to establish a new entry
point for electric service to my home would in fact cost me approximately an additional
$4,000.00. This is a financial burden that me and my family simply cannot sustain and

24

would be totally unnecessary if Courtney Gillespie were to remove the obstacles to my

25

access to tlre electric meter so that the existing meter can be repaired.
-zDEFENDANT'S SUPPLEMENTAL DECLARATION IN S{JPPORT APPLICATION FOR ORDER TO SHOW CA
Gillespie vs. Hoffrnan, Case No. 10-237521

6.

I would also like to draw the Court's attention to the fact as shown on the electric

service

SCE billings are always sent to.Courtney Gillespie's mailing address, P.O. Box 8323 and

are never mailed to me at the actual service address, my home at 1831 N. Lime Stree!

bill attached to my earlier declaration for this application

as

Exhibit "A" that the

Porterville California. In Ma5 2010, when I believed (and still believe) that the

Gillespies were moving I then attempted to change the billing for my electrical service

and, as set forth in the Gillespies' original petition in this case, the Gillespies argued that

I
9

t0

any such attempt on my part would be "hijacking" their electric account and our mutual

resffaining order thereupon "froze" this situation with the Gillespies in charge ofmy
electrical service leaving me and my family dependent upon them for such service.

1l
72
13

I declare under penaky of perjury under the laws of the State of California that the
foregoing is true and correct.

t4
15

oatea:;fu

'{-t%

LL

Nicklas A.

t6
17
18

19

20

2l
22
23

24
25

DEFENDANT'S SUPPLEMENTALDECLARATiON IN SUPPORTAPPLICATIONFOR ORDERTO SHOW CAU

Gillespie vs.

Hoffrnan,

Case

No. 10-237521

t'

Exhibit "E"
Chapter 13 Filing by Melody Gillespie

fE
t*

I
l.

FILED

JUL 25

.?

Melody Ann Gillespie, Debtor

PO Box 8323
Porterville, CA 93258
559-7BB-0630

2011

wr|E)srAGsaA$fi.Fr*.dF

EASTESI DETruCT OF CAIJff}NilN

UNITED STATE BANKRUPTCY COURT

EASTERN DISTRICT OF CALIFORNIA (FRESNO)

nI
8

l(

IN RE:

CaseNo:11-17815

MELODY ANN GILLESPIE,

Chapter:

13

l:

Debtor,

1:

MOTION FOR EXTENSION OF.TIME TO FILE CHAPTER 13 PLAN

lr
1,
L.

1t

Comes now Debtor Melody Ann Gillespie

with this, her Motion For

Extension of Time to File Chapter 13 Plan, which she files pursuant to the
federal rules of civil procedure Rule 6{b11.

1',

Debtor alsks for more time to file her plan because, at this time, she cannot

1l

-lt

it

say

[with even remote certaintyJ how much she owes the Internal Revenue

Service and the State of California Franchise Tax Board (qee Schedule D).

Debtor has had her wages garnished for years by both entities without knowing
how much she owed either Creditor. She has consistentiy asked both parties
about the total amounts due, only to be ignored as over 1-600 dollars are

stripped from her wages every month.

Debtor suffers from a history of head injuries and Post-Traumatic Stress
Disorders result from a birycling accident in 1982, her current [and lifetirne

history ofJ emptoyment at the Porterville Developmental Center [part of the

California Department of Developmental Services] since October 15, L977 , and

Motion

for

extension of time ta file Chapter 73 Plan

f'

2
J

4
5

6
-|
8

9
1r\

IU

from some of the events and occurrences of the past decade, which have at this
time forced her into Bankruptcy.
Debtor is under the care'of

psychologist (Dr. Yosef Geshuri, Ph.D.,

Porterville, CAJ and has a long history of treatment for neurological risks and

injuries {with naw retired Dr. Roberts, M.D., of Visalia, CAJ. All of these
circumstances and conditions combined make it difficult for the Debtor to find
and organize papers, along with the fact that the Debtor has moved within the
past two years and many of her papers are in storage boxes.

11

DEBT TOTALS ARE UNKNOWN

12

IJ

Debtor has been and continues to be subjected to wage garnishment from

the Franchise Tax board since 1998, and the Internal Revenue Service since

14
15
16

2005. To date the Debtor's wage garnishments have totaled more than 124,000
dollars to the Franchise Tax Board. Debtor was under the impression that her
wage garnishments were going towards an 18,000.00 lien the tax board put

T7

18
19

20
2T

22
23
24
25
/.o
27
28

igainst her. However, though the bill appears to be paid (and then somgJ the
Franchise Tax Bgard as failed to STOP garnishing her wages.
The IRS told the Debtor that she owed 44,A00, due to non-payment of her

income taxes. They have since garnished more than 57,000.00 from her wages

without explanation, proof of debt or an accounting. The actions taken by

creditors Franchise Tax Board and the Internal Revenue Service rnust be
examined before the Debtor can complete her Chapter 13 plan in any
reasonable fashion. Along with this Motion for Extension, Debtor files two Rule
200+ Motions calling for the examination of the Franchise Tax Board and the

Internal Rerrenue Service. The examinations are necessary actions, crucial to

understanding the amount owed [if anyJ and the overall interest of the two

parties in the Debtor's estate.

Motionfor extension oftime taFIe ChapterT3 Plan

{'

2
J

4
5

I
8

9
1r\

IU

from some of the events and occurrences of the past decade, which have at this
time forced her into Bankruptcy.
Debtor is under the care'of

psychologist {Dr. Yosef Geshuri, Ph.D.,

Porterviile, CAJ and has a long history of treatment for neurological risks and

injuries {with now retired Dr. Roberts, M.D., of Visalia, CAJ. A1l of these
circumstances and conditions combined make it difficult for the Debtor to find
and organize papers, along with the fact that the Debtor has moved within the
past two years and many of her papers are in storage boxes.

11

DEBT TOTALS ARE UNKNOWN

12
1t

IJ

Debtor has been and continues to be subjected to wage garnishment from

the Franchise Tax board since \998, and the Internal Revenue Service since

14
15
16
17
18
19

20

2I
22
23
24
25
/.o
27
28

2005. To date the Debtor's wage garnishments have totaled more than 124,000
dollars to the Franchise Tax Board. Debtor was under the impression that her
wage garnishments were going towards an l-8,000.00 lien the tax board put

igainst her, However, though the bilt appears to be paid (and then somgJ the
Franchise Tax Bgard as failed to STOP garnishing her wages.
The IRS told the Debtor that she owed 44,A00, due to non-payment of her

income taxes. They have since garnished more than 57,000.00 from her wages

without explanation, proof of debt or an accounting. The actions taken by

creditors Franchise Tax Board and the Internal Revenue Service rnust be
examined before the Debtor can complete her Chapter 13 plan in any
reasonable fashion. Along with this Motion for Extension, Debtor files two Rule

2004 Motions calling for the examination of the Franchise Tax Board and the

Internal Rerrenue Service. The examinations are necessary actions, crucial to

understanding the amount owed [if anyJ and the overall interest of the two

parties in the Debtor's estate.

Motionfor extension oftime taFIe ChapterT3 Plan

1l

2lltl

a it
tl

Jil

il

Further, Debtor needs more time due to the Trustee's questionnaire and

4ll
tl

'll

6ll

?li

the necessary documents she must find to comply with said questionnaire.
Debtor currentiy splits her time between two living places and has been
embroiled in several legal battles over the last few years that have left her life in

il disarray, The files, pay stubs and receipts necessary to complete the

8ll

il 'quesLionnaire have not presented themselves to the Debtor,

nll

who has been

looking feverishly for them in both of her living places.

'oll
lUi
1,ll

Debtor submits tvrro Rule 2A04 Motions and her schedules [what she
could completeJ in an effort to comply with this court's due dates as much

il possible. Her obvious good

as

faith attempts to complete her schedules and

"11 understand her finances should

warrant an extension of time. Debtor continues

'11 by arguing that the extension to file her Chapter 13 Plan should be indefinite

"lI

given that each debt should be subject to examination given her personal

'ul

history with the IRS and the Franchise Tax Board [see abovej.

"il
'*l

The

circu

with the

'nll Debtor's good faith attempts to complete her schedules make these extensions

'll

a necessary

"lI
nll

that this Court grant an extension of time for Debtor to fiie her Chapter 13 plan,

?11
--tl

241

part of this bankruptcy proceeding. WHEREFORE IT IS PRAYED

making the plan due after the Debtor's Rule 2004 Motions have been heard by

this court
Respectfully submitted,

il
?{t

-"tl
I

tl

'ul

Melody Ann Gillespie, Debto

nll
28U

Iylation

for

extension af time to ftIe Chapter

t3 plan

Exhibit "F"
Copy of declaration of Jim Thompson

{oP-{
AFFIDAVIT-OF Jim Thompson

I am a Building and Zoning Iaspector for the Counfy Of Tulare. I did a follow up visit to 1831 N

LIME ST, PORTERVILLE, CA with one of my co-workers on May 4,2010. Upon engaging
conversation with Mr. Hoffinan about the compliance issues Mr, Giilespie approached us and
volunteered that he was removiag ali of the portable buiidings and the illegal struchlre and that

"It would ail be gone in 30 days." Mr. Hoffman

seemed l'ery gratifred

withthis and offered. his

hand in friendship to Mr. Gillespie, which fufr. Gillespie refused. I Told them that we would

return after 30 days to check up on the matter. Mr. Giliespie gave me every assutance that

it

would be done in the thirty days whiie continuing to affirm that no one was tiving in any of the
structures.

I declare under penalty of perjury pursuant to the iains of the State of Caiifomia that the
foregoing is true and correct to the best of my recollection.

PROOF OF SERYICE
(CCP SECTIONS 1013a, 2015.5)

.L

STATE OF CALIFORNT.\ COLINTY OF TULARE

4

I am a resident of the county aforesaid; I

am over the age of eighteen ( I B) years and

not a party to the within entitled action; my business address is:

6

P.O. Box 824

Tulare, CA93275

7
8
9

On March A5,2aL2,I served the within

SUPPLEMENTAL DECLARATTON O['

NICI(LAS HOFF'I\4AN IN SUPPORT OF'APPLICATTON F'OR ORI}ER TO SHOW

10

CAUSE RN CONTEMPT AND ORDERS ENFORCING RESTRAINING ORDER, bY

11

placing a ffue copy thereof in an envelope to the address indicated below and I deposited
the

12

envejopg with postage frrlly prepaid, with the US Postal Service at Tulare. Califorma.

--)

t4

Courfney Gillespie
Melody Gillespie
P.O. Box 8323
Porterville, CA 93258

15

lo
1tt

18

I declare under penalty of perjury, under the laws of the State of California that the
foregoing is true and correct.
Executed on March 05. 2012. at Tulare. California.

IU

20

)1
1a

",A

zj

BY.

VRobert

J. Fletcher
Rober-t J. Fletcher