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AFFIDAVIT IN SUPPORT OF FAILURE TO COMPLY WITHSETTLEMENT COURT ORDER OF TOI29I2OTO

By Courtney Gillespie

I, Courtney Gillespie, Affiant herein, am a first hand witness to all of thefbllowing events described herein.

On or about Sunday, November 7,2010 at approximately 2:00 pm, Affiantfinished installing a fence around the electric meter pole and telephone box,with a gate access to the outside of the fence around Affiant's property.

This was in compliance with the courl ordered settlement agreement in casenumber 10-23752I. According to the settlement agreement, DefendantHoffman was to pay Affiant $2800 (twenty eight hundred dollars) as soon asAffaint finished with the fence and the gate constructed for Mr. NicklasHoffman access to the telephone box and the electric meter.

As soon as Affiant was finished with the construction, Affrant noticed Mr.Hoffman and his handy man Brett Thompson come out of Mr. Hoffman'sgate. Mr. Hoffman was visibly angry.

Mr. Hoffman stood in the middle of the road at the edge of his propertyscreaming and flailing his arms. He screamed "My internet radio station isnot working! Somebody cut my phone lines!" Mr. Hoffman continuescreaming in the street for approximately 15 minutes.

Affiant called to Brett Thompson to come over to where Affiant was standing,and told him to tell Mr. Hoffman that the sate was ready and he could comeand check the box himself.

Melody Gillespie, Affiant's wife, called the phone company's Tech support tohave Tech Support check the lines to see if there were any problems in thephone lines. No one had called Tech Support prior to Melody to have thelines checked.

Affiant did not understand why Nicklas Hoffman was screaming in the streetsat the same time as he was supposed to pay Affiant as per the settlementagreement, and courl order of case number 10-237 521 . Affiant has nothing togain by cutting Mr. Hoffman's phone wires. Affiant is paying a tremendousamount of money for Mr. Hoffman's electricity (See attached exhibit E,electricity bill log from SCE.com web site). Mr. Hoffman has not paid any ofhis electricity use since June 2005. If Affiant was going to stop Mr. Hoffmanfrom the usage of a utility, it would be the electricity and Affiant could turnthat off without impunity, because he has tailed to make any payments.Affiant fixed the fence as agreed by Mr. Hoffman's request, and had his ownentrance, that he could put his own lock on, at his request, and in return Mr.

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At approximately 3:25,the men returned again, went over to the phone box,unplugged, and reconnected the wires several times.

At approximately 3:35 pm, as the men were leaving again, Mr. Hoffman saidloudly to the men with him, that he was going to have the phone companyreroute the wires to another pole. Mr. Hoffman then stated, "Anyway I amgoing to have them out of here soon enough!" (referring to Affiant and hiswife).

The tone of Mr. Hoffman's voice and the way Hoffman had stated, Anyway, Iam going to have them out of here soon enough!", caused Affiant to believethat Mr. Hoffman had done something or had plans to do something to forceAffiant and wife to leave their home.

At approximately 4:45 pm, Mr. Hoffman returned with a roll of wire andspliced into the phone box to run lines overhead, through the trees, across thedriveways and fence lines to his house. Mr. Hoffman finished the work atapproximately 5:45 pm.

Affiant did not understand why Mr. Hoffman did this because when heinstalled his phone line cables underground to his house and garage, heinstalled two cable lines running from the phone box to his house and garage.The one cable that Mr. Hoffman checked was the cable his phone lines wereconnected to. Mr. Hoffman never checked his second cable to see if it wasokay, and still active. All he would have had to do was switch his phone lineover to the second cable. Instead at approximately 4:45 pm, Mr. Hoffmaninstalled new lines overhead.

At approximately 6 p-, Affiant left the property , the taking the family dogwith me, to go babysit Affiant's grandchildren. Affiant's wife, Melody,works night shift and had gone to bed to sleep.

At approximately 9:00 pm, Affiant returned home, and Affiant's wife went towork shortly after at approximately 10:00 pm.

The next morning, Monday, November 8, 2010, at approximately 8:30 am,Affiant noticed a strong smell of propane outside, in the back of the trailer inwhich Affiant lives. Affiant went to check and found that the propane lineshad been tampered with. The lines were very loose and only finger tightened,causing a rapid loss of propane. The propane bottle requires tools to connectto the lines to tighten the connection which prevents leakage. Affiant keepsthe tools to exchange and tighten the propane bottles next to the propanebottle inside the trailer LPG compartment, which is unlocked. Affiant doesnot have a key for it.

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26. At approximately 9:00 am, Sunday, the day before, Affiant had checked theamount of propane left in the bottle as Affiant does every Sunday to see ifmore is needed. At that time the connections were tight, and there was plentyof propane.

The concentration of the amount of propane that escaped would have causedat the very least an instant fire, enveloping the whole trailer, if anyone hadturned on the hot water. The flame for the hot water is approximately fourfeet from the propane tank.

On Affiant's street, there are only four houses, on one side of Affiant's houseis a retired deputy sheriff and on the other side is Mr. Hoffman. Affiant'sproperty is secure from the street, by locking fences. Mr. Hoffman is the onlyone who knows where our propane tanks are. Mr. Hoffman and Affiant havebeen friends for many years until last year when Hoffman schemed to get ridof Affiant and his family, in order to sell the entire lot including the propertyHoffman sold to Affiant by way of land sales contract. Hoffman and hisfamily spent much time socialtzingat Af|tant's house and knows whereeverything is and what our schedules are. Hoffman designed and helped buildthe deck and roof that covers our trailer, where the propane tank is stored'

Mr. Hoffman jumps the fence between Affiant's and his property, wheneverhe wants to come ovet, for whatever reason.

Affiant fully believes that Mr. Hoffman is responsible for the tampering of thepropane bottle.

Affiant believes that is what Mr. Hoffman meant by "Anyway, I will havethem out of here soon enough!" Affiant fully believes that Mr. Hoffmanwould rather cause an explosion or fire, destroying Affiant's home, thencomply with the coufi ordered agreement.

Attached are exhibits of information at how volatile and explosive propane is,and what can happen with propane leaks.

On or about November 1 1, 201 0 the phone company began digging trenchesto put new underground lines in for all of Mr. Hoffman's phone lines,upgrading his DSL and cable lines, on the outside of the fence line. Mr.Hoffman no longer uses the phone box.

On or about November 16, while Affiant was at work and Affiant's wife wasgrocery shopping, Mr. Hoffinan came into the fenced area, cut the cable hehad installed through the trees and over the driveways, and disconnected all ofthe wires, so that a cut cable was exposed and all of the wires in the phonebox.

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35. On or about November 1I,2070, Affiant's mother-in-law fainted and wastaken to the hospital. While there she had several strokes and a heart attackand became comatose on life supporl. The decision had to be made whetheror not to keep her on life support, and the family decided with her prognosisof coming back to us was nonexistent. The family had to make the decision toremove her from life support. She subsequently died a few days later.Affiant's wife had to leave out of state.

Because of everything that has been happening due to Affiant's mother-in-law's sudden illness and death, Affiant has not been able to get this Affidavitin timely, when the 30 days from the order of the court had passed.

Further Affiant sayeth naught.

I, Courtney Gillespie, a Plaintiff herein, do declare under penalty of perjuryunder the Laws of the State of Califbrnia that the foregoing is true andcorrect to the best of my knowledse and understandins.

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NOTARY PUBTIC.CALIFORNIA VITULAflE (]OUNTY :

MY Couil. ExP, Nov.5,2011 T

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