Defendant Gillespie’s Rule 1.150 Motion to Strike Sham Pleadings

8/20/2019 Defendant Gillespie’s Rule 1.150 Motion to Strike Sham Pleadings

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THIS IS NOT A COMMERCIAL FORCLOSURE

IN THE CIRCUIT COURT OF THEFIFTH JUDICIAL CIRCUIT FLORIDAIN AND FOR MARION COUNTY

REVERSE MORTGAGE SOLUTIONS, INC.,CASE NO.: 2013-CA-000115

Plaintiff, 42-2013-CA-000115-AXXX-XX

vs. Residential Home ForeclosureHECM Reverse Mortgage

NEIL J. GILLESPIE AND MARK GILLESPIE Florida Homestead of Neil J GillespieAS CO-TRUSTEES OF THE GILLESPIEFAMILY LIVING TRUST AGREEMENTDATED FEBRUARY 10, 1997, ET AL.

Defendants. ________________________________________/

DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS

Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson

Defendant pro se Neil J. Gillespie, henceforth in the first person, a disabled,

indigent/insolvent non-lawyer, unable to obtain adequate counsel, a vulnerable adult, and a

consumer of legal and court services affecting interstate commerce, states as follows:

1. Plaintiff’s counsel Curtis Wilson, a.k.a. Curtis Alan Wilson, (Bar ID 77669), of McCalla

Raymer LLC., filed a “Motion To Default” for failure of defendant Elizabeth Bauerle, N/K/A

Elizabeth Bidgood, to file or serve a pleading or other paper within the time required by law. The

motion is dated November 3, 2015 and signed by Curtis Wilson, Esq., Filing # 33997561, E-filed

11/03/2015 at 12:50:25 PM. The service list attached to the “Motion To Default” shows email

service to me, Neil J. Gillespie. An unofficial copy of the motion to default appears at Exhibit 1.

2. The pleading described in paragraph 1 (Exhibit 1) is a sham pleading because defendant

Elizabeth Bauerle, N/K/A Elizabeth Bidgood, timely filed and served Notice of Defendant’s

Consent to Judgment through counsel Anthony J. Solomon, Esq. Bar No. 93057, of KEL, on

Filing # 34195200 E-Filed 11/06/2015 10:36:37 PM


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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-06-2015


CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

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July 8, 2013 at 07:33:04 PM ET on the Portal. A copy of Notice of Defendant’s Consent to

Judgment appears at Exhibit 2 and shows service to McCalla Raymer LLC and states:

NOTICE OF DEFENDANTS' CONSENT TO JUDGMENT

Defendants, MARK GILLESPIE and JOEITA GILLESPIE AKA UNKNOWN SPOUSEOF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD(hereinafter, the "Defendants"), file this Notice of Defendant's Consent to Judgment:

1. The Defendants, MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWNSPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETHBIDGOOD, have been named as Defendants in this action.

2. Plaintiff is seeking to recover the property located at 8092 SW 115th Loop, Ocala, FL

34481 based on an "event of default" under the terms of the Adjustable Rate Note (HomeEquity Conversion) a/k/a "reverse mortgage".

3. Because this is a reverse mortgage, the Defendants have no financial liability under theterms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.

4. Defendants do not wish to contest entry of final judgment against Defendants.

5. The Defendants desire swift resolution to this action so they hereby give consent tohaving Judgment entered in favor of the Plaintiff in this action.

3. The pleading described in paragraph 1 is a sham pleading because Mr. Wilson did not

serve the “Motion To Default” (Exhibit 1) by email or by any other means; I found the motion

on the Marion County Clerk’s public access website by chance. Mr. Wilson therefor violated:

RULE 1.080. SERVICE AND FILING OF PLEADINGS, ORDERS, ANDDOCUMENTS(a) Service. Every pleading subsequent to the initial pleading, all orders, and every other document filed in the action must be served in conformity with the requirements of Florida Rule of Judicial Administration 2.516.

(b) Filing. All documents shall be filed in conformity with the requirements of FloridaRule of Judicial Administration 2.525.

4. Mr. Wilson’s “Motion To Default”(Exhibit 1) contains a Notice to Clerk:

Notice to Clerk: In the event that any of the forenamed defendants have timely filed any paper in the above styled cause, or should their return of service not be filed, then pleasestrike the name of such defendant from the above motion.


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The foregoing shows Mr. Wilson knows defendant Elizabeth Bauerle, N/K/A Elizabeth Bidgood,

timely filed and served Notice of Defendant’s Consent to Judgment, and that he has a plan in

cooperation with Clerk and Comptroller David R. Ellspermann to exploit the sham pleading to

the Plaintiff’s benefit, contrary to the rule of law.

RULE 1.150. SHAM PLEADINGS

5. Mr. Wilson’s “Motion To Default” (Exhibit 1) is a sham pleading and must be stricken

pursuant to Rule 1.150(a) Fla.R.Civ.P. Mr. Wilson knows defendant Elizabeth Bauerle, N/K/A

Elizabeth Bidgood, timely filed and served Notice of Defendant’s Consent to Judgment.

Wilson also knows he did not serve Neil J. Gillespie by email at [email protected].

RULE 1.150. SHAM PLEADINGS

(a) Motion to Strike. If a party deems any pleading or part thereof filed by another partyto be a sham, that party may move to strike the pleading or part thereof before the causeis set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion is directed shall be stricken. Default and summary judgment on the merits may be entered in the

discretion of the court or the court may permit additional pleadings to be filed for good cause shown.

(b) Contents of Motion. The motion to strike shall be verified and shall set forth fullythe facts on which the movant relies and may be supported by affidavit. No traverse of the motion shall be required.

6. On January 16, 2015 at 11.16 AM I emailed Gregory C. Harrell, General Counsel to

David R. Ellspermann, Marion County Clerk of Court & Comptroller, in part:

It was suggested to me by a person in the Marion County Courthouse that the assignmentof my foreclosure case to Judge Stancil was somehow irregular. This is a request for records that show how my case was assigned to Judge Stancil, and whether theassignment of my case to Judge Stancil was according to law, and not a matter of judgeshopping or some type of manipulation of the judicial assignment process by the plaintiff or the plaintiff’s counsel.

7. Mr. Harrell responded January 16, 2015 at 11:53 AM, in part:


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The last document is the administrative order regarding judicial assignments that was in place at the time your case was filed. As you will see, Judge Stancil was then assigned 1/8 of the mortgage foreclosure cases filed beginning January 1, 2012, which, practically

speaking, means that he would have randomly been assigned every eighth filed foreclosure case. The Clerk's Office is not aware of any type of judge-shopping or manipulation of the judicial assignment process with regard to your case by the plaintiff, plaintiff's counsel, or anyone else.

8. Administrative Order Number: M-2012-37 provided by Mr. Harrell appears at Exhibit 3,

Marion County Circuit Judges Judicial Assignments for the year 2013. It shows a system of

judicial assignments that cannot be verified, a system with no accountability, prime for crime.

9. Mr. Wilson sent Judge Stancil a letter dated December 23, 2014, ex parte communication

about this foreclosure case, see Exhibit 4. Mr. Wilson did not provide me the letter; it came from

Mr. Harrell by email January 16, 2015 in response to a records request.

10. Clerk Ellspermann filed my residential foreclosure as a commercial foreclosure, and

failed to take corrective action when notified that the civil cover sheet (form 1.997) was wrong.

See, AFFIDAVIT OF NEIL J. GILLESPIE OF RESIDENTIAL HOMESTEAD, THIS IS NOT

A COMMERCIAL FORCLOSURE, Filing # 23497600 E-Filed 02/07/2015 11:56:00 PM.

11. Clerk Ellspermann failed to correctly file or identify as “NOTH” my Notice of

Homestead in the Clerk’s official records. Gregory C. Harrell, General Counsel to David R.

Ellspermann, Marion County Clerk of Court & Comptroller, responded by email 10/28/15:

The document you recorded on 2/7/2013 at OR 5807/1396, while titled as a "Notice of Homestead," does not have the attributes required for an actual Notice of Homestead

under Fla. Stat. 222.01(2) (e.g., the name and address of a judgment creditor, etc.). It is,and has been, the practice of the Clerk's Office to only identify as Notices of Homestead (or NOTHs) documents which do, in fact, qualify as Notices of Homestead under Fla.Stat. 222.01(2). Your document constitutes the written statement regarding homestead contemplated by Fla. Stat. 222.01(1). It is, and has been, our practice to identify thosetypes of documents as Notices (NOTs); and we are not aware of anything requiring us toidentify the legal description in the Clerk's register of recorded instruments for such Notices.


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On information and belief, there are no attributes required under Fla. Stat. 222.01(2) for my

particular homestead, and Mr. Harrell did not identify any such attributes for my homestead

12. Prior to the Civitek Florida system, Clerk Ellspermann maintained two different party

dockets in this case for the purpose of fraud benefiting the plaintiff. The Marion County Clerk’s

online public docket printed November 5, 2015 (Exhibit 5) shows eight (8) defendants, all of

whom except me (Neil J. Gillespie) have given notice of consent, disclaimer, or defaulted:

Neil J GillespieOak Run Homeowners Association (Motion to Default June 19, 2013)

United States of America (Disclaimer, February 11, 2013)Elizabeth Bauerle (Notice of Consent to Judgment, July 8, 2013)Mark Gillespie (Notice of Consent to Judgment, July 8, 2013) Neil J GillespieDevelopment & Construction Cor (Motion to Default June 19, 2013)Joetta Gillespie (Notice of Consent to Judgment, July 8, 2013)

The Marion County Clerk’s online public docket printed November 5, 2015 (Exhibit 5) does not

show any trust parties, and it does not show any “unknown” parties.

13. Email November 21, 2014 from Daniel Hendrix, FlaClerks (Exhibit 6) shows the same

eight (8) defendants; does not show any trust parties, and does not show any “unknown” parties.

14. Curtis Wilson filed his Affidavit of Constructive Service November 3, 2015 for the

unknown spouse of defendant Elizabeth Bauerle, Filing # 33997757 E-Filed 11/03/2015 at

12:52:45 PM that does not conform to Chapter 49, Florida Statutes, Constructive Service of

Process. Wilson failed under section 49.31 to motion for appointment of ad litem; it is a sham

pleading and must be stricken Rule 1.150(a) Fla.R.Civ.P. A “Certificate of Filing” by Mr.

Wilson for Affidavit of Diligent Search and Inquiry for the Unknown Spouse of Elizabeth

Bauerle, shows the same filing number, Filing # 33997757, and other such as Affidavit of

Constructive Service.


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15. Curtis Wilson filed a “Certificate of Filing” for Unknown Settelors/Beneficiaries of the

Gillespie Family Living Trust Agreement Dated February 10, 1997 (“Trust”) that is not valid,

Filing # 34043841 E-Filed 11/04/2015 at 10:44:36 AM. First, there were no legitimate trust

parties in this foreclosure, see paragraphs 12 and 13, and this is therefore a sham pleading and

must be stricken pursuant to Rule 1.150(a) Fla.R.Civ.P. Second, the Trust was terminated

February 2, 2015. (Exhibit 7). Plaintiff’s lis pendens January 9, 2013 expired. Validity of notice

of lis pendens is one year from filing. § 48.23(2), Fla. Stat. (2013).

16. Curtis Wilson filed his Affidavit of Inability to Determine Military Status for defendant

Elizabeth Bauerle, N/K/A Elizabeth Bidgood November 3, 2015, Filing # 33997757 11/03/2015

12:52:45 PM. Elizabeth Bauerle, N/K/A Elizabeth Bidgood, timely filed and served Notice of

Defendant’s Consent to Judgment through counsel Anthony J. Solomon, Esq. Bar No. 93057,

of KEL, on July 8, 2013 at 07:33:04 PM ET on the Portal. A copy of Notice of Defendant’s

Consent to Judgment appears at Exhibit 2 and shows service to McCalla Raymer LLC.

Therefore Wilson’s Affidavit of Inability to Determine Military Status is a sham pleading and

must be stricken pursuant to Rule 1.150(a) Fla.R.Civ.P.

RULE 1.115. PLEADING MORTGAGE FORECLOSURES

17. Neither Curtis Wilson, or his predecessor Danielle N. Parsons, Esq., complied with Fla.

R. Civil Pro, Rule 1.115 Pleading Mortgage Foreclosures:

(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 cooperativesdesigned principally for occupation by one to four families which secures a promissorynote, must: (1) contain affirmative allegations expressly made by the claimant at the timethe 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.


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(b) Delegated Claim for Relief. If a claimant has been delegated the authority to institutea mortgage foreclosure action on behalf of the person entitled to enforce the note, theclaim for relief shall describe the authority of the claimant and identify with specificitythe document that grants the claimant the authority to act on behalf of the person entitled

to enforce the note. The term “original note” or “original promissory note” means thesigned or executed promissory note rather than a copy of it. The term includes anyrenewal, replacement, consolidation, or amended and restated note or instrument given inrenewal, replacement, or substitution for a previous promissory note. The term alsoincludes a transferrable record, as defined by the Uniform Electronic Transaction Act insection 668.50(16), Florida Statutes.

(c) Possession of Original Promissory Note. If the claimant is in possession of theoriginal promissory note, the claimant must file under penalty of perjury a certificationcontemporaneously with the filing of the claim for relief for foreclosure that the claimantis in possession of the original promissory note. The certification must set forth the

location of the note, the name and title of the individual giving the certification, the nameof the person who personally verified such possession, and the time and date on whichthe possession was verified. Correct copies of the note and all allonges to the note must be attached to the certification. The original note and the allonges must be filed with thecourt before the entry of any judgment of foreclosure or judgment on the note.

RULE 1.100. PLEADINGS AND MOTIONS

18. Rule 1.100(b), Fla. R. Civil. Pro. precluded Wilson’s Notice of Case Management

Conference - All Pending Motions, November 17, 2014 (Exhibit 8)

“All notices of hearing shall specify each motion or other matter to be heard”

(b) Motions. An application to the court for an order shall be by motion which shall bemade in writing unless made during a hearing or trial, shall state with particularity thegrounds therefor, and shall set forth the relief or order sought. The requirement of writingis fulfilled if the motion is stated in a written notice of the hearing of the motion. Allnotices of hearing shall specify each motion or other matter to be heard.

19. Rule 1.200(a) Case Management Conference, does not permit a hearing on All Pending

Motions as was done December 18, 2014, and is restricted to:

(1) schedule or reschedule the service of motions, pleadings, and other papers;(2) set or reset the time of trials, subject to rule 1.440(c);(3) coordinate the progress of the action if the complex litigation factors contained in rule

1.201(a)(2)(A)–(a)(2)(H) are present;(4) limit, schedule, order, or expedite discovery;


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(5) consider the possibility of obtaining admissions of fact and voluntary exchange of documents and electronically stored information, and stipulations regarding authenticityof documents and electronically stored information;(6) consider the need for advance rulings from the court on the admissibility of

documents and electronically stored information;(7) discuss as to electronically stored information, the possibility of agreements from the parties regarding the extent to which such evidence should be preserved, the form inwhich such evidence should be produced, and whether discovery of such informationshould be conducted in phases or limited to particular individuals, time periods, or sources;(8) schedule disclosure of expert witnesses and the discovery of facts known and opinions held by such experts;(9) schedule or hear motions in limine;(10) pursue the possibilities of settlement;(11) require filing of preliminary stipulations if issues can be narrowed;

(12) consider referring issues to a magistrate for findings of fact; and (13) schedule other conferences or determine other matters that may aid in the dispositionof the action.

Curtis Wilson did not comply with the Florida Supreme Court Verification Rule

20. The Florida Supreme Court [SC09-1460] amended Rule 1.110(b) to require verification

of mortgage foreclosure complaints involving residential real property. In re Amendments to the

Florida Rules of Civil Procedure, 44 So.3d 555, 556 (Fla. 2010):

First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaintsinvolving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint areaccurate; (2) to conserve judicial resources that are currently being wasted oninappropriately pleaded “lost note” counts and inconsistent allegations; (3) to prevent thewasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority tosanction plaintiffs who make false allegations.

See also In re Amendments to the Fla. Rules of Civil Procedure–Form 1.996 (Final Judgment of

Foreclosure), 51 So.3d 1140, 1140–41 (Fla.2010) (“In light of recent reports of alleged

document fraud and forgery in mortgage foreclosure cases, this new requirement is particularly

important.”).


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21. Florida Rule of Civil Procedure 1.110(b) and section 92.525, Florida Statutes (2011),

govern verification. Rule 1.110(b) provides, in pertinent part, as follows:

When filing an action for foreclosure of a mortgage on residential real property thecomplaint shall be verified. When verification of a document is required, the documentfiled shall include an oath, affirmation, or the following statement:

“Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.”

Section 92.525 Florida Statutes provides, in pertinent part, as follows:

(1) When it is authorized or required by law, by rule of an administrative agency, or byrule or order of court that a document be verified by a person, the verification may be

accomplished in the following manner:

(a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths; or (b) By the signing of the written declaration prescribed in subsection (2).

(2) A written declaration means the following statement: “Under penalties of perjury, Ideclare that I have read the foregoing [document] and that the facts stated in it are true,”followed by the signature of the person making the declaration, except when averification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added. The written declaration shall be printed

or typed at the end of or immediately below the document being verified and above thesignature of the person making the declaration.

FRAUD ON THE COURT

22. Section 837.06, Florida Statutes, governs False official statements.

837.06 False official statements.—Whoever knowingly makes a false statement inwriting with the intent to mislead a public servant in the performance of his or her officialduty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s. 775.083.

23. Persons who falsely verified the Verified Complaint:

Plaintiff’s counsel, Danielle N. Parsons, Esq. Fla. Bar No.: 0029364McCalla Raymer LLC, 225 E. Robinson St. Suite 660, Orlando, FL 32801

Debbie Sims, Vice President, Reverse Mortgage Solutions, Inc. (RMS),2727 Spring Creek Drive, Spring, TX 77373


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PLAINTIFF’S DEFECTIVE RULE 1.110(b) VERIFICATION OF THE COMPLAINT No Identifiable Exhibits are Attached to the Verified Complaint

24. There are no Exhibits attached to the Verified Complaint that are identifiable with the

pleadings. The Verified Complaint alleges at paragraph 2, “Copies of the Note and Mortgage are

attached as Exhibits "A" and "B," respectively.” This is false. There is nothing attached as

“Exhibits "A" and "B," respectively”.

25. Instead, defective copies of the HECM Note and Second Note taken from my HUD

complaint of August 8, 2012 appear as Exhibits 11 and 12, and are missing the Direct

Endorsement Allonge that became “a permanent part of said Note on May 29, 2008” which date

occurred a week before the HECM closing June 5, 2008, when the Note and Mortgage were

executed and delivered from the Borrowers to the Lender, Liberty Reverse Mortgage, Inc.

Somehow Liberty sold a nonexistent Note and Mortgage to Bank of America. This is a fatal

defect to the chain of custody of the HECM Note and Mortgage.

26. Likewise, defective copies of the HECM Mortgage and Second Mortgage taken from my

HUD complaint are attached as Exhibits 32 and 33, and show interlineation after execution,

hand-written alterations, not initialed and not dated, which vitiates the Mortgage. This defect

only became known to me in July 2012 when I found it filed with the Clerk.

27. Paragraph 3 of the Verified Complaint alleges, “Copies of the relevant Assignments of

Mortgage are attached as Composite Exhibit "C."” This is false. Nothing is attached as

“Composite Exhibit "C."” Instead, a single unmarked page, Assignment of Mortgage, March 27,

2012, from Bank of America to the Plaintiff, appears at the end of the Verified Complaint. Any

previous assignments of mortgage are missing.

THIS IS NOT A COMMERCIAL FORCLOSURE


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Counsel’s Misrepresentation: Civil Cover Sheet Form 1.997 attached to Verified Complaint

28. Counsel wrongly filed this action as a “Commercial foreclosure $50,001 -$249,999”

shown on Form 1.997 CIVIL COVER SHEET, II. TYPE OF CASE, attached to the Verified

Complaint, and signed by Plaintiff’s counsel Danielle Parsons, who represented “I CERTIFY

that the information I have provided in this cover sheet is accurate to the best of my knowledge

and belief”. Counsel’s certification is false. This properly is the homestead of Neil Gillespie

under Section 4, Article X of the Florida Constitution. This action is a “Homestead residential

foreclosure $50,001 -$249,999”. Oak Run is a residential 55+ community. No commercial

activity is permitted. The HECM reverse mortgage was made on the residential property. It

appears counsel’s false declaration was intended to deceive the Clerk and the Court that this is a

commercial foreclosure, in violation of F.S. § 837.06, False official statements.

29. The Verified Complaint alleges at paragraph 4 entitlement to enforce the Note and

Mortgage, but the Plaintiff has not provided copies of the Note and Mortgage as pled. Therefore

the Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.

30. The Plaintiff alleged in the Verified Complaint, paragraph 2, “Copies of the Note and

Mortgage are attached as Exhibits “A” and “B” respectively”. Plaintiff’s statement is false.

There are no Exhibits “A” and “B” attached to the Complaint. The only exhibits attached to the

Complaint are numbered, not lettered. Those exhibits are numbered 11, 12, 32 and 33 and

therefore impossible to relate to the Verified Complaint or the Plaintiff’s alleged claims therein.

Therefore the Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.

31. The Verified Complaint, in paragraph 3, states “The described subject Mortgage was

subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage are attached

as Composite Exhibit "C."” Plaintiff’s statement is false. There is no Composite Exhibit “C”


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attached to the Complaint. There is a single page attached purporting to be an Assignment of

Mortgage attached but it is not marked in any way as an Exhibit or Composite and therefore

impossible to relate to the Verified Complaint or the Plaintiff’s alleged claims therein. Therefore

the Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.

32. The Verified Complaint is verified pursuant to Rule 1.110(b), Fla. R. Civ. P., by Debbie

Sims, Vice President, Reverse Mortgage Solutions, Inc., on December 20, 2012, and includes the

following statement:

UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and that the

facts alleged therein are true and correct to the best of my knowledge and belief.

33. Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and

that the facts alleged therein were true and correct. The Verified Complaint at paragraph 2 states

a fact: “Copies of the Note and Mortgage are attached as Exhibits “A” and “B” respectively”.

This fact is not true and correct. This statement is false. Exhibits “A” and “B” are not attached.


34. Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and

that the facts alleged therein were true and correct. The Verified Complaint at paragraph 3 states

a fact: “Copies of the relevant Assignments of Mortgage are attached as Composite Exhibit "C."”

This fact is not true and correct. This statement is false. Composite Exhibit “C” is not attached.


SANCTIONS: DISMISS THE FORECLOSURE WITH PREJUDICE

35. The Court has the inherent power to sanction perjury, misconduct and other fraud by the

Plaintiff. A plain reading of section 57.105(1) Florida Statutes shows sanctions may be awarded

“upon the court’s initiative”.


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36. I respectfully request the Court on its own initiative to DISMISS WITH PREJUDICE

the Plaintiff’s VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY CONVERSION

MORTGAGE as a sanction imposed for perjury by Debbie Sims who verified for the Plaintiff

“under penalty of perjury” facts as true and correct, when those facts were not true and correct,

contrary to her Verification as Vice President for the Plaintiff made under Rule 1.110(b)

Fla.R.Civ.P. Therefore the Verified Complaint is a SHAM PLEADING (Rule 1.150).

37. Debbie Sims, by alleging facts under penalty of perjury as true and correct, when those

facts are not true and correct, violated section 837.06, Florida Statutes, False official statements.

837.06 False official statements.—Whoever knowingly makes a false statement inwriting with the intent to mislead a public servant in the performance of his or her officialduty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s. 775.083.

Debbie Sims knowingly made a false statement in writing with the intent to mislead this Court to

benefit the Plaintiff in this HECM reverse mortgage residential home foreclosure. Therefore the

Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.

Prior Counsel Danielle N. Parsons, Esq. - Officer of the CourtCurrent Counsel Curtis Wilson - Officer of the Court

Lack of Candor Before The Tribunal

38. Plaintiff’s counsel, Danielle N. Parsons, Esq. (Fla. Bar No.: 0029364), submitted the

Verified Complaint to the Court and bears responsibility for perjury by Debbie Sims made on

behalf of the Plaintiff in this residential mortgage foreclosure. Mr. Wilson, relying on the

verified complaint, is also bound by Candor before the Tribunal. As attorneys, Parsons and

Wilson are officers of this Court, their conduct subject to judicial supervision and scrutiny:

Attorney is an officer of the court and an essential component of the administration of justice, and, as such, his conduct is subject to judicial supervision and scrutiny. State exrel. Florida Bar v. Evans, 94 So.2d 730 (1957).


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39. As attorneys, Parsons and Wilson must comply with the Rules of Professional Conduct,

including candor before the tribunal, as described in the Florida Bar Informational Packet,

Candor Before The Tribunal. “The lawyer's duty not to assist witnesses, including the lawyer's

own client, in offering false evidence stems from the Rules of Professional Conduct, Florida

statutes, and caselaw.”

Rule 4-1.2(d) prohibits the lawyer from assisting a client in conduct that the lawyer knows or reasonably should know is criminal or fraudulent.

Rule 4-3.4(b) prohibits a lawyer from fabricating evidence or assisting a witness to testifyfalsely.

Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or knowingly assisting another to do so.

Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects adversely onthe lawyer's honesty, trustworthiness, or fitness as a lawyer.

Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud,deceit, or misrepresentation.

Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to the

administration of justice.

Rule 4-1.6(b) requires a lawyer to reveal information to the extent the lawyer reasonably believes necessary to prevent a client from committing a crime.

This rule, 4-3.3(a)(2), requires a lawyer to reveal a material fact to the tribunal whendisclosure is necessary to avoid assisting a criminal or fraudulent act by the client, and 4-3.3(a)(4) prohibits a lawyer from offering false evidence and requires the lawyer to takereasonable remedial measures when false material evidence has been offered.

Rule 4-1.16 prohibits a lawyer from representing a client if the representation will result

in a violation of the Rules of Professional Conduct or law and permits the lawyer towithdraw from representation if the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent or repugnant or imprudent. Rule 4-1.16(c)recognizes that notwithstanding good cause for terminating representation of a client, alawyer is obliged to continue representation if so ordered by a tribunal.


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40. Florida caselaw prohibits lawyers from presenting false testimony or evidence. Kneale v.

Williams, 30 So. 2d 284 (Fla. 1947), states that perpetration of a fraud is outside the scope of the

professional duty of an attorney and no privilege attaches to communication between an attorney

and a client with respect to transactions constituting the making of a false claim or the

perpetration of a fraud. Dodd v. The Florida Bar, 118 So. 2d 17 (Fla. 1960), reminds us that "the

courts are . . . dependent on members of the bar to . . . present the true facts of each cause . . . to

enable the judge or the jury to [decide the facts] to which the law may be applied. When an

attorney . . . allows false testimony . . . [the attorney] . . . makes it impossible for the scales [of

justice] to balance." See The Fla. Bar v. Agar, 394 So. 2d 405 (Fla. 1981), and The Fla. Bar v.

Simons, 391 So. 2d 684 (Fla. 1980). To permit or assist a client or other witness to testify falsely

is prohibited by F.S. § 837.02 which makes perjury in an official proceeding a felony, and by

F.S. § 777.011 which proscribes aiding, abetting, or counseling commission of a felony.

41. Oath of Admission to The Florida Bar. The general principles which should ever control

the lawyer in the practice of the legal profession are clearly set forth in the following oath of

admission to the Bar, which the lawyer is sworn on admission to obey and for the willful

violation to which disbarment may be had.

"I do solemnly swear:

"I will support the Constitution of the United States and the Constitution of the State of Florida;

"I will maintain the respect due to courts of justice and judicial officers;

"I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;

"I will employ for the purpose of maintaining the causes confided to me such means only as areconsistent with truth and honor, and will never seek to mislead the judge or jury by any artificeor false statement of fact or law;


16/97




16

"I will maintain the confidence and preserve inviolate the secrets of my clients, and will acceptno compensation in connection with their business except from them or with their knowledgeand approval;

"To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications;

"I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I amcharged;

"I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God."

42. Creed Of Professionalism

I revere the law, the judicial system, and the legal profession and will at all times in my professional and private lives uphold the dignity and esteem of each.

I will further my profession's devotion to public service and to the public good.

I will strictly adhere to the spirit as well as the letter of my profession's code of ethics, to theextent that the law permits and will at all times be guided by a fundamental sense of honor,integrity, and fair play.

I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will not

improperly permit my silence or inaction to mislead anyone.

I will conduct myself to assure the just, speedy and inexpensive determination of every actionand resolution of every controversy.

I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all timesact with dignity, decency, and courtesy.

I will respect the time and commitments of others.

I will be diligent and punctual in communicating with others and in fulfilling commitments.

I will exercise independent judgment and will not be governed by a client's ill will or deceit.

My word is my bond.

CHAPTER 777 FLORIDA STATUTESPRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; CONSPIRACY


17/97


18/97




18

Why does the Court serve me by U.S. mail, when I complied with Rule 2.516 and provided my email address for service? Fla. R. Jud. Admin. 2.516(b)(1)(c) Service onand by Parties Not Represented by an Attorney. The orders arrived yesterday, January 14,2015, which is 8 days after Mr. Wilson of McCalla Raymer prepared the order and

stamped the judge’s name thereupon on January 6, 2015. Eight days is too long for mail between Orlando and Ocala.

45. Mr. Harrell provided records the next day. The order of Judge Stancil (Exhibit 10) looks

substantially different than the orders prepared by Mr. Wilson. One order is signed, the other

orders are stamped, and originate from Orlando, not Ocala.

46. Clerk Ellspermann did his part by maintaining two party dockets. See Exhibit 11, Case

progress dockets June 24, 2015 that show eight (8) defendants, all of whom except me (Neil J.

Gillespie) have given notice of consent, disclaimer, or defaulted:

Neil J GillespieOak Run Homeowners Association (Motion to Default June 19, 2013)United States of America (Disclaimer, February 11, 2013)Elizabeth Bauerle (Notice of Consent to Judgment, July 8, 2013)Mark Gillespie (Notice of Consent to Judgment, July 8, 2013) Neil J GillespieDevelopment & Construction Cor (Motion to Default June 19, 2013)

Joetta Gillespie (Notice of Consent to Judgment, July 8, 2013)

The Marion County Clerk’s online public docket (Exhibit 11) does not show any trust parties in

the case caption header, and it does not show any “unknown” parties in the case caption header.

However the docket body entries show trust and unknown parties.

47. The Clerk’s online public case docket at Exhibit 12 shows the old style format, with trust

parties in the case caption or header; the docket body entries show trust and unknown parties.

48. My Notice of Appeal (Exhibit 13), Filing # 22991549 E-Filed 01/26/2015 11:55:00 PM,

36 pages shows documents from another Bank of America foreclosure, Affidavit of Constructive

Service, Ex-Parte Motion for Appointment of Guardian, Administrator, and Attorney Ad Litem,

and Order Appointing Guardian Ad Litem.


19/97




19

49. My Notice of Appeal (Exhibit 13), also shows Affidavits of Diligent search filed with the

Clerk, that Affidavits Wilson refiled again for some reason this week of November 2015.

Exhibit 3, AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY, UNKNOWNSPOUSE OF ELIZABETH BAUERLE

Exhibit 4, AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY, UNKNOWNSETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUSTAGREEMENT DATED FEBRUARY 10, 1997 (FILED IN MARION COUNTYFEBRUARY 12, 2013)

Exhibit 5, AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY, UNKNOWNSETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUSTAGREEMENT DATED FEBRUARY 10, 1997 (FILED IN MARION COUNTY

FEBRUARY 12, 2013)

VERIFICATION OF NEIL J. GILLESPIE

Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged

therein are true and correct to the best of my knowledge and belief.

RESPECTFULLY SUBMITTED November 6, 2015.

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Phone: 352-854-7807Email: [email protected]

Certificate of Service I hereby certify that today November 6, 2015 I served the forgoingto the following names on the Florida E-filing Portal.

Curtis Wilson a/k/a Curtis Alan WilsonEmail: [email protected]

Neil J. Gillespie


20/971


21/97


22/97


23/97

Electronically Filed

07 08 2013

07:33:04

PM ET

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF

FLORIDA IN

AND

MARION COUNTY

GENERAL JURISDICTION DIVISION

REVERSE MORTGAGE SOLUTIONS, INC., Case No.: 2013-CA-000115

Plaintiff,

v

MARK GILLESPIE et al.,

Defendants.

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, MARK GILLESPIE and JOETTA GILLESPIE AKA

UNKNOWN SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA

ELIZABETH BIDGOOD, have been named as Defendants in this action.

2 Plaintiff is seeking to recover the property located at

8092 SW 115th Loop,

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 Because this is a reverse mortgage, the Defendants have no financial liability

under the terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.

4. Defendants do not wish to contest entry

of

final judgment against Defendants.

5. The Defendants desire swift resolution to this action so they hereby give consent

to

having Judgment entered in favor

of

the Plaintiff in this action.

KEL

File #13LAW34876

2


24/97

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,

[email protected]; 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: [email protected]

Secondary Email: [email protected]

Attorney for Defendants: MARK GILLESPIE and

JO TI

A GILLESPIE AKA UNKNOWN SPOUSE OF

MARK GILLESPIE

KEL

File 13LAW34876


25/97

Effective:

IN THE CIRCUIT

COURT

OF THE

FIFTH

JUDICIAL CIRCUIT

OF

THE

STATE OF

FLORIDA, IN AND

FOR MARION COUNTY

January

1, 2013

Administrative Order

Number:

M-2012-37

In

Re:

MARION

COUNTY CIRCUIT

JUDGES

JUDICIAL

ASSIGNMENTS

FOR THE YEAR2 13

Judge

David B. Eddy:

Juvenile Delinquency and CINS/FINS; all RVI and Sexual Violence

cases Designation FV); Detention and Shelter Hearings; all after

hours injunctions;

1/4

Baker Act and 1/4 Substance Abuse

Marchman Act) cases February, June, October); Hearings on excess

fee motions

in

criminal cases in Marion County and Lake County;

Hearings on motions to involuntarily administer medication to DOC

inmates; Administrative Judge for Marion County.

Judae

Sandra Edwards-Stephens: 1/4 Felony Designation X); 1/3 Jimmy Ryce cases; 1/8

mortgage foreclosure cases filed beginning January 1 2012.

Judge Rober t W. Hodges: 1/4 Felony Designation

W) 1/3

Jimmy Ryce Cases; 1/8 mortgage

foreclosure cases filed beginning January 1 2012.

Judge

Brian D.

Lambert:

1/4 Felony Designation Y); 1/3 Jimmy Ryce cases; 1/8 mortgage

foreclosure cases filed beginning January I, 20 12; Guardianship and

Adult Protective Services cases filed beginning January 1 2012;

Circuit Appellate Panel.

Judge

Jonathan D. Ohlman: 1/3 of all new Domestic Relations and Domestic Violence and

Dating Violence DR cases assigned to FJ division; all previously

assigned cases to the FJ division; Detention and Shelter hearings

as backup for Judge Eddy and Judge Robbins for the months of

March, June, September, December );

113

new Child Support

Enforcement cases designated FJ;

4

Baker Act cases and 1/4

Substance Abuse Marchman Act) cases March, July and

November);

118

mortgage foreclosure cases filed with designation

of

Nand cases previously reassigned from the senior judge docket.

Judae

Willard Pope: 113

of

all new Domestic Relations and Domestic Violence and

Dating Violence DR cases assigned to FC division; all previously

assigned cases

to

the FC division; Detention and Shelter hearings as

backup for Judge Eddy and Judge Robbins for the months ofJanuary,

April, July, October); 113

of

the new Child Support Enforcement

3


26/97

Judge S. Sue Robbins:

Judge Steven Rogers:

Judge Edward L. Scott:

Judge

Jack

Singbush:

Judge Hale

R

Stancil:

Hearing Officer:

cases designated HC; previous Child Support Enforcement cases

designated HC; 1/4 Baker Act cases and 1/4 Substance Abuse

Marchman Act) cases April, August, December); 1/8 mortgage

foreclosure cases filed with designation of P and cases previously

reassigned from the senior judge docket.

Juvenile Dependency; crossover Domestic Relations, Child Support

Enforcement and Juvenile Delinquency cases Designation FK);

Detention and Shelter Hearings; Termination of Parental Rights

cases; Probate cases filed beginning April I , 2011 ); 1/8 mortgage

foreclosure cases filed with designation of 0 and cases previously

reassigned from the senior judge docket; Fifth Circuit Family Law

Administrative Judge.

1/2 Civil Designation B), and previous civil cases with designations

ofC and

K;

and pre-2009 Probate and Eminent Domain cases;

1/2

Forfeitures;

112

Bond Validations and Assessment Liens; 1/2

Eminent Domain;

1/2

Probate cases filed before April I 2011);

1/4

mortgage foreclosure cases filed through December 31, 2011.

1/3

of

all new Domestic Relations and Domestic Violence and

Dating Violence DR cases assigned to FG division; all previously

assigned cases to the FG division; Detention and Shelter hearings as

backup for Judge Eddy and Judge Robbins for the months of

February, May, August, November); 1/3 of the new Child Support

Enforcement cases designated HG; previous Child Support

Enforcement cases designated HG; 1/4 Baker Act cases and

1/4

Substance Abuse Marchman Act) cases January, May, September);

1/8 mortgage foreclosure cases filed with designation

ofM

and cases

previously reassigned from the senior judge docket.

1/2 Civil Designation G) and previous civil cases with

designations

of

A D and E, and pre-2009 Probate and Eminent

Domain cases; 1/2 Forfeitures, 1/2 Bond Validations and

Assessment Liens, 1/2 Eminent Domain, 1/2 Probate cases filed

before April I, 2011);

1/4

mortgage foreclosure cases filed through

December 31, 2011.

1/4 Felony Designation Z); Drug Court; 1/8 mortgage foreclosure

cases filed beginning January I, 2012.

Department

ofRevenue Child Support cases; and other duties

to

be

determined.


27/97

General Magistrates:

Hearings as designated

by

Administrative Order; Domestic Relations

and other duties as assigned

POST CONVICTION MOTIONS

WILL BE

HEARD

BY

THE SENTENCING JUDGE

The Administrative Judge for

Marion

County will be chosen by the Chief Judge as he

deems

appropriate. The

Administrative

Judge

for

Marion County shall have

administrative

authority over

all divisions.

CIVIL

DESIGNATIONS are as follows:

G, and also A, D and E -

Judge Jack Singbush

B, and also C and K -

Judge

Steven Rogers

FELONY


W Judge Robert

W. Hodges

X -

Judge

Sandra Edwards-Stephens

Y Judge

Brian

D Lambert

Z Judge

Hale R. Stancil

DOMESTIC RELATIONS


FC

Judge

Willard Pope

FJ

-

Judge Jonathan D Ohlman

FG

- Judge Edward L. Scott

FK - Judge S. Sue Robbins

FV

-

Judge

David B. Eddy

Shelter hearings will be addressed by the five 5) family-law judges as set forth above.

In

the

absence

of such judges, the judge who is assigned to handle weekend and after-hours matters will

hear the shelter hearings as required and necessary to comply with time restraints. In addition, all

Marion County Circuit Judges will assist with the shelter hearings when necessary.

n

any Domestic Violence and Repeat Violence cases where the parties have a pending domestic

relations cases, such domestic/repeat violence case shall be assigned to the judge handling the

domestic relations case. In any newly filed domestic relations cases where a Petition for Injunction

for Protection has previously been filed, the domestic relations case shall be assigned to whichever

judge handled the injunction.


28/97

Domestic Violence, Repeat Violence and other atler-hours requests which require judicial action

on

weekends, holidays and between the hours of5 00 p.m. and 8:00a.m. on weekdays. will

be

reviewed

and signed by all judges sitting in Marion County (Circuit Judges and County Judges) on a rotating

basis. Such rotation shall

be

the same as the weekend and holiday assignments for First Appearances

as

set

forth

by

separate Administrative Order.

In

each case where a County Judge has such

an

assignment, said judge

is

hereby appointed

as

an acting Circuit Judge for the duration of such

assignment. Likewise, Circuit Judge

is

hereby appointed as an acting County J udgc in

any

instance

where county court jurisdiction is required during such duty assignment.

Prior

to

noon on each Friday, the judge assigned to handle First Appearances that weekend will be

delivered

the

duty judge telephone which he/she will retain on his/her person until

the

next Friday

at noon, t which time the duty judge telephone will be delivered to the next assigned judge. Each

judge so assigned (the Duty Judge ) will be responsible for ensuring that ajudge is available during

usual courthouse business hours (8:30a.m.

to

5:00p.m., Monday through Friday), except lunch hour,

to review and decide Domestic Violence, Repeat Violence and other matters which require

immediate attention. The hearing dates

and

times required on Domestic Violence and Repeat

Violence motions that are filed after hours and on weekends will be provided by Judge Eddy.

David

B.

Eddy, Administrative J dge

Dated: September l0 2012


29/97

~ a l l a . ymer, LLC

225 East Robinson Street, Suite 660

Orlando, FL 32801

1

The Honorable Hale R. Stancil

Marion County Judicial Center

110 N.W. 1st Avenue

Ocala, FL 34475

December z:3· 2014

Phone: (407) 674-1850

Fax: . (321) 248-0420

Re: Reverse Mortgage Solutions, INC. vs. NEIL J. GILLESPIE AND MARK GILLESPIE

AS CO-TRUSTEES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT

DATED FEBRUARY 10, 1997, et al.

Your Honor:

Case No. 42-2013-CA-000115-A:XXX-:XX

Our File No. 12-02121-2

Enclosed please find a Proposed Order from the Case Management Conference and Hearing on All

Motions which ocCUJ;Ted on December

18

2014 in the above referenced case. Please review, and if

acceptable, sign the enclosed Order. Copies to be conformed by your Judicial Assistant and mailed to

the respective parties. are also enclosed. If there are any questions regarding this matter, please contact

our office, toll free, at (855) 281-3909.

Thank you in advance for your time and consideration.

Enclosures

3668863

12-02121-2 4


30/97

New Search Expand AllCase Information

422013CA000115CAA 01/09/2013 MARION Circuit Civil 37-D OPEN

STANCIL, HALE R JUDGE

REVERSEMORTGAGE

SOLUTIONS INC

PLAINTIFFWILSON, CURTIS

ALAN

77669

GILLESPIE, NEIL J DEFENDANT

OAK RUNHOMEOWNERS

ASSOCIATIONDEFENDANT

UNITED STATESOF AMERICA

DEFENDANT

BAUERLE,ELIZABETH

DEFENDANT

GILLESPIE, MARK DEFENDANT CAPARAS, TIFFANY 89863

GILLESPIE, NEIL J DEFENDANT

DEVELOPMENT &CONSTRUCTIONCOR

DEFENDANT

GILLESPIE, JOETTA DEFENDANT

224 11/04/2015 CERTIFICATE OF FILING 6

220 11/03/2015 EFILED MOTION FOR DEFAULT 3

221 11/03/2015 CERTIFICATE OF FILING 8

222 11/03/2015 AFFIDAVIT OF INABILITY TO DETERMINE MILITARY STATUS 1

223 11/03/2015 AFFIDAVIT OF CONSTRUCTIVE SERVICE 1

218 06/18/2015 NOTICE OF FILING APPEAL TO FLORIDA SUPREME COURT 51

216 06/17/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT 2

217 06/17/2015 TRANSCRIPT CONT - SEE DOC 15

https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwafrJy-kIzdO_L9qvQZMhx

11/5/201

5


31/97

215 06/16/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT 18

213 06/04/2015 MEMO FROM 5TH DCA NO MANDATE WILL BE ISSUED IN THI 1

No records found.

No records found.

Assessment Total: $1,119.50 Paid to Date: $1,119.50 Balance Due: $0.00

Restitution Total: $0.00 Paid to Date: $0.00 Balance Due: $0.00

Last Payment Date:

- $1,119.50 $1,119.50 $0.00 $0.00 -

https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwafrJy-kIzdO_L9qvQZMhx

11/5/201


32/97

Neil Gillespie

From: "Daniel Hendrix" To: Sent: Friday, November 21, 2014 9:09 AMSubject: E-Portal Service Desk Incident # 00705974

Page 1 of 1

11/6/2015

For case 42-2013-CA-000115-AXXX-XX, the case style has you listed in the county’s case management system (CCIS), which is what the portal gathers

case information from to display on the portal. It also has DEVELOPMENT & CONSTRUCTION COR among others. The reason why it only displays

DEVELOPMENT & CONSTRUCTION COR as a defendant on the portal is because there is not enough room to display the reset of the case style. You are also

listed on the “Case Parties” tab.

Daniel Hendrix

Support Specialist

CiviTek

Youtube Training Videos: https://www.youtube.com/channel/UCcXR6q3po-M6RxF_Stv6l9A

Follow us on Twitter: FL ourtsEFiling This email is intended for the addressee(s) indicated above only. It may contain information that is privileged, confidential or otherwise protected from disclosure. Any dissemination, review, use of this email or its contents by persons other than the addressee isstrictly prohibited. If you have received this email in error, please delete it immediately.

6


33/97

Termination of the Gillespie Family Living Trust Agreement Dated February 10 1997

STATE

OF

FLORIDA

)

DAVID R

EllSPERM NN CLERK & COMPTROLLER

MARION

co

) SS.:

DATE: 02 03 2015 11 :55:32 AM

COUNTY OF MARION

)

FILE

#:

2015009748 OR BK 6161 PGS 1844-1845

FFID VIT

REC FEES: $18.50 INDEX FEES: $0.00

DDS: $0 MDS: $0 INT:

0

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly

sworn deposed upon oath as follows:

I.

My name is Neil J. Gillespie. I am over eighteen years

of

age. This affidavit is given

on

personal knowledge unless otherwise expressly stated.

2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10

1997 (hereinafter "Trust").

\

\

oeZ=

My Florida residential homestead property is the sole asset of the Trust, property address

"

8092

SW

115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I

have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.

7013-007-00 I, legal description:

Lot(s) ], Block G, OAK

RUN

WOODSIDE TRACT, according

to

the Plat thereof as

recorded

in

Plat Book 2 at Page(s)

106

through I]2 inclusive

of

the Public Records

of

Marion County, Florida.

4.

Pursuant to

my

authority as Trustee of the Trust, and acting in that capacity, I transferred

the remaining trust property to the beneficiary, myself, on January 14, 2015.

5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby

terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V the Trust. The total fair

market value of the assets of the Trust is zero. The Trust served its intended purpose of

transferring the property to the beneficiary without going through probate.

6. Pursuant to Fla. Stat.

§

736.0414 Modification or tenn ination of uneconomic trust. (1)

After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property

Book6161/Page1844

CFN#2015009748

Page 1 of 2

7


34/97

having a total value less than $50,000 may terminate the trust the trustee concludes that the

value o the trust. property

is

insufficient to justify the cost

o

administration.

FURTHER AFFIANT

SA

YETH

NOT,

The foregoing instrument was acknowledged before me, this 2nd day

o

February, 2015,

1=l--'bL

-

t i ~ u

SlD

o;tl

0

y

Neil J. Gillespie, who is personally known to me, or who has produced . as

. identification and· states that he is. the person who made this affidavit and that its c o ~ t e n t s are

truthful to the best

o

his knowledge, information and belief.

Notary Public State

of

Florida

(SEAL)

Angelica Cruz

My

Commission EE067986

Expires 02127 2015

~ ? J I s 2

Lr0L

NOTAR UBLIC

Print Na o Notary PublIc

My Commission Expires: 2 J ; ; J ; _ ~ = _._ _)5

2

Book6161 Page1845

CFN#2015009748

Page 2 of 2


35/97

IN THE CIRCUIT COURT OF

THE

FIFTH

JUDICIAL CIRCUIT OF FLORIDA IN AND

FOR I\1ARION

COUNTY

GENERAL JURISDICTION DIVISION

CASE NO_

42-2013-CA-OOOl15-AXXX-XX

REVERSE MORTGAGE SOLUTIONS,

INC.,

Plaintiff,

vs.

NEIL J. GILLESPIE AND MARK.

GILLESPIE AS CO-TRUSTEES OF

THE

GILLESPIE FAMILY LIVING

TRUST

AGREEMENT DATED FEBRUARY 10,

]997, et aI.,

Defendant.

NOTICE

OF

HEARING

PLEASE TAKE NOTICE that the undersiglled attorney has set a hearillg for tIle

following: Case Management Conference - All Pending Motions before the Honorable Hale

R. Stancil

of

the above-styled Couli, at the, Marioll County Judicial Center, 110 N.W. 1st

Avenue, Ocala, FL 34475, Courtroom Number TBD, on

December

18, 2014 at 10:00 AM or as

soon as

t e

matter lnay

be

heard.

If

you

are

a

person with

a disability who needs

an

accommodation in

order to participate in a proceeding

you

are entitled,

at

no cost to

yOll the provision

of

certain assistance. Please

contact the

ADA

Coordinator

for

the

Courts

within

2

working

days

of your

receipt

of

your

notice to appear in Court

at:

Mar-ion County Talneka

Gordon

352) 401-6701

3539572

12-02121-2

8


36/97

CASE NO 42-2013-CA-OOOl15-AXXX-XX

CERTIFICATE OF SERVICE

I IIEREBY CERTIFY that the original Notice of Hearing for Case Management

Conference - All Pending Motions was filed with the Court and that a true and correct copy of

the foregoing was: [check all used]

X

E-mailed (

X)

Mailed this 17th day

of

November, 2014,

to:

Oak Run HOll1eowners Association, Inc.

7480 SW Highway 200

Ocala, FL 34476

Neil J. Gillespie and Mark Gillespie as Co-Trustees of tIle Gillespie Fanlily Living Trust

Agreement dated February 10, 1997

8092 SW 115TH LOOP

OCALA, FL 34481

UrOOlown spouse of Mark Gillespie n/l< a Joetta Gillespie

7504 Sumlner Meadows Drive

Ft.

WOrtll,

TX 76123

Developlnent Construction Corporation

of

A1nerica

c/o Registered Agent: Priya Glll1mman

10983 SW 89 Avenue

Ocala, FL 34481

Unkllown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreell1ent dated February

10, 1997

8092 SW 115TH LOOP

OCALA, FL 34481

Elizabet11 Ballerle

n/l< a

Elizabeth Bidwood

7504 Sumnler Meadow Drive

Ft. Worth,

TX

76123

Urllmo,;vn spouse of Elizabeth Bauerle

6356 SW 106th Place

Ocala, FL

Colleen Murphy Davis, Assistant United States Attorney

400 N. Tampa Street, Suite 3200

Tampa, FL 33602

USAFLM.State.Foreclosures@usdoj .gov

Michalene.

Y.

[email protected]

3539572

12-02121-2


37/97

Mark Gillespie

7504 Stunmer Meadows Drive

Ft. Worth, TX 76123

Neil

J

Gillespie

8092 SW 115TH LOOP

OCALA, FL 34481

[email protected]

Curtis lson, Esq.

McCalla Raymer, LLC

Attorney for Plaintiff

225 E. Robinson St. Sllite 660

Orlando, L 32801

Phone: (407) 674-1850

Fax: (321) 248-0420

Email: [email protected]

Fla. Bar No.: 77669

12-02121-2

539572


38/97

· i ~ t ~ '. '\ .

a

, I I . ~ . ~ . . '$"

Ifr

' I I "'Sm'trl ]

'1' .110 .1. 1.

~ l

r 7'1"1 '0 ' . .

'* en

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225 East Robinson Street, Suite 660

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2014

Neil

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Gillespie

8092 SW 115TH LOOP

OCALA, FL 34481

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39/97

VIA Email: [email protected] January 15, 2015

John A. Tomasino, Clerk

Supreme Court of Florida

500 South Duval Street

Tallahassee, Florida 32399-1927

Mr. Tomasino:

Attached you will find three Orders purporting to be from Ocala Judge Hale R. Stancil, but

mailed from Orlando zip code 32801 - the zip code for McCalla Raymer, LLC - although there is

no return address on any of the three envelopes. The three envelopes are “sterile”.

Order on Case Management Conference - Neil J. Gillespie

Order on Case Management Conference - Co-Trustees of the Gillespie Trust

Order on Case Management Conference - Unknown Settlors/Beneficiaries of the Gillespie Trust

I take that to mean the orders were prepared by attorney Curtis Wilson of McCalla Raymer, whoapparently has a rubber stamp for “Hale R. Stancil”, and used the stamp to represent that Judge

Stancil prepared and mailed the orders, when in fact Curtis Wilson of McCalla Raymer did.

Do the Florida Court Rules or Florida Bar Rules permit an attorney to rubber-stamp the name of

a judge on a court order, without disclosing the identity of the person using the rubber-stamp?

I am not certain the orders are legitimate, and made a records request to Mr. Harrell for the

actual record. As of this time Mr. Harrell has not responded, and he has not provided the records.

Why does the Court serve me by U.S. mail, when I complied with Rule 2.516 and provided my

email address for service? Fla. R. Jud. Admin. 2.516(b)(1)(c) Service on and by Parties Not Represented by an Attorney. The orders arrived yesterday, January 14, 2015, which is 8 days

after Mr. Wilson of McCalla Raymer prepared the order and stamped the judge’s name

thereupon on January 6, 2015. Eight days is too long for mail between Orlando and Ocala.

It appears the orders were not mail in an expeditious manner, which reduces my time to appeal,

or prepare an answer, affirmative defenses, and counterclaims against Mr. Wilson, Ms. Parsons,

McCalla Raymer, Bank of America and shareholder Hodges, and Judge Stancil, Ms. Fagen, etc.

Sincerely,

Neil J. Gillespie, petitioner pro se

8092 SW 115th

Loop

Ocala, Florida 34481

Telephone: (352) 854-7807

Email: [email protected]

Attachments

9


40/97

IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT OF FLORIDA IN AND

FOR

MARION COUNTY

CASE NO. 42-2013-CA-000115-AXXX-XX


INC.,

Plaintiff,

vs.

NEIL J GILLESPIE AND MARK

GILLESPIE AS CO-TRUSTEES OF THE

GILLESPIE FAMILY LIVING TRUST


1997, et aI.,

Defendants.

/

ORDER

FROM CASE MANAGEMENT CONFERENCE

THIS CAUSE having come before the Court at a duly scheduled Case Management Conference

and Hearing on all Motions, and the Court being fully advised in the premises, it is hereby

ORDERED and ADJUDGED that:

1

Defendant s Motion to Dismiss is hereby DENIED

2

Defendant s Motion to Disqualify Judge Hale Stancil is hereby DENIED

3. Defendant s Motion to Quash Service

of

Process is hereby DENIED

4. Defendant s Motion to Strike is hereby Denied

5

Defendant is hereby ordered to file an Answer to the Plaintiff s Complaint within 20

days of the execution of this order.

6

DONE AND ORDERED at Marion County, Florida, this

l day of

JG r\ 20 \S

MAL R STANCIL

CIRCUIT JUDGE

Copies to parties on the attached service list.

3668863

12 02121 2


41/97

SERVICE LIST

Mccalla Raymer, LLC

225 E. Robinson St. Suite 660

Orlando, Fl328 1

Oak Run Homeowners Association, Inc.

7480 SW Highway 200

Ocala, FL 34476

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Fanlily Living Trust Agreement

dated February 10, 1997

8092 SW 115TH LOOP

OCALA,

FL

34481

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie

7504 Summer Meadows Drive

Ft. Worth,

IX

76123

Development Construction Corporation

of

America

c/o Registered Agent: Priya Ghumman

10983

SW

89 Avenue

Ocala,

FL

34481

Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10,

1997

8092

SW

115TH LOOP

OCALA, FL 34481

Elizabeth Bauerle n/k/a Elizabeth Bidwood

7504 Summer Meadow Drive

Ft. Worth, TX 76123

Unknown spouse of Elizabeth Bauerle

6356

SW l 6th

Place

Ocala, L 34476



Tampa, FL 33602

[email protected]

[email protected]

Mark Gillespie


Ft. Worth, TX 76123

3668863

12-02121-2


42/97

Neil J. Gillespie

8092 w 115th Loop

Ocala Fl 34481

[email protected]

12-02121-2

3668863


43/97

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44/97

IN

THE

CIRCUIT COURT OF

THE

FIFTH

JUDICIAL CIRCUIT OF FLORIDA IN AND FOR

MARION

COUNTY

C SE

NO. 42-2013-CA-OOOI15-AXXX-XX


INC.,

Plaintiff,

vs.

NEIL J. GILLESPIE ND M RK




1997, et aI.,

Defendants.

/

ORDER FROM C SE M N GEMENT CONFEREN CE


and Hearing

on all Motions, and the Court being fully advised in the premises, it is hereby

ORDERED and DJUDGED that:

1.

Defendant's Motion to Dismiss is hereby DENIED

2. Defendant 's Motion to Disqualify Judge Hale Stancil is hereby DENIED

3. Defendant's Motion to Quash Service

of


4. Defendant 's Motion to Strike is hereby Denied

5. Defendant is hereby ordered to file an Answer to the Plaintiff's Complaint within 20


6.

DONE AND ORDERED at Marion County, Florida, this

lQ

day

of

U

2 ~ HALE R STANCIL

CIRCUIT JUDGE


3668863

12-02121-2


45/97

SERVICE LIST

Mccalla Raymer, LLC


Orlando, FI 32801


7480 SW Highway 200

Ocala, FL 34476

Neil J Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust Agreement


8092 SW 115TH LOOP

OCALA, FL 34481

Unknown spouse ofMark Gillespie n/k/a Joetta Gillespie


Ft. Worth,

X

76123

Development Construction Corporation ofAmerica

lo Registered Agent: Priya Ghumman

10983 SW 89 Avenue

Ocala, FL 34481

Unknown Settlors/Beneficiaries ofThe Gillespie Family Living Trust Agreement dated February 10,

1997

8092 SW 115TH LOOP

OCALA, FL 34481


7504 Summer Meadow Drive

Ft. Worth, X 76123

Unknown spouse of Elizabeth Bauerle

6356 SW 106th Place

Ocala, FL 34476



Tampa, FL 33602

[email protected]

[email protected]

Mark Gillespie


Ft. Worth, X 76123

3668863 12-02121-2


46/97

Neil

J

Gillespie

8092 w 115th Loop

Ocala Fl 34481

[email protected]

12-02121-2

3668863


47/97

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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

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48/97

IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT OF FLORIDA IN AND FOR

MARION COUNTY

CASE NO. 42-2013-CA-OOOl15-AXXX-XX


INC.,

Plaintiff,

vs.

NEIL

J.

GILLESPIE AND MARK




1997, et aI.,

Defendants.

ORDER

FROM CASE MANAGEMENT

CONFERENCE




1.

Defendant s Motion to Dismiss is hereby DENIED

2.

Defendant s Motioll to Disqualify Judge Hale Stancil is hereby DENIED

3.

Defendant s Motion to Quash Service

of


4. Defendant s Motion to Strike is hereby Denied

5.

Defendant is hereby ordered to file an Answer to the Plaintiff s Complaint within 20


6.

DONE AND ORDERED at Marion County, Florida, this _

o

__ day

of

U Ul ,20

\S

HALE R STANCIL

CIRCUIT JUDGE

Copies to parties on tIle attached service list.

3668863

12-02121-2


49/97

SERVICE LIST

Mccalla Raymer, LLC


Orlando, Fl328 1


7480 SW Highway 200

Ocala, FL 34476

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust Agreement


8092

SW

115TH LOOP

OCALA, FL 34481

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie


Ft. Worth,

TX

76123

Development Construction Corporation

of

America

lo

Registered Agent: Priya Ghumman

10983 SW 89 Avenue

Ocala, FL 34481

Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10,

1997

8092 SW 115TH LOOP

OCALA, FL 34481


7504 Sumnler Meadow Drive

Ft. Worth, TX 76123

Unknown spouse

of

Elizabeth Bauerle

6356 SW 1o6th Place

Ocala,

FL

34476



Tampa, FL 33602

[email protected]

[email protected]

Mark Gillespie


Ft. Worth,

IX

76123

3668863

12-02121-2


50/97


51/97

, r .fT

u s

POST GE» PIT

( ~ I / o

~ ~ 8 0 1

00

1364 7 - - -

Unknown Settlors/Beneficiaries

of

The Gillespie Family Living Trust Agreement dated

February 10,1997

8092 SW 115TH LOOP

OCALA, FL 34481

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52/97


INC.,

Plaintiff,

vs.

NEIL J. GILLESPIE AND MARK




1997

et al.,

Defendants.

~ /

ORDER FROM CASE M N GEMENT CONFERENCE




1. Defendant s Motion to Dismiss is hereby DENIED

2. Defendant s Motion to Disqualify Judge Hale Stancil is hereby DENIED

3. Defendant s Motion to Quash Service of Process is hereby DENIED

4. e f e n ~ a n t is hereby ordered to file an Answer to the Plaintiff s Complaint within 20

days ofthe execution:ofthis order.

5.

W N E A N D O R D E ~ a t M a r i o n C o u n t y F l o n . · d a i ; ; ; Z t h i s ~ ~ d af ·

- J4¢ 20

2._.

1

{

;

~ ~ ~ ~ ~

CIRCUIT JUDGE


3668863

12-02121-2

\lP

1


53/97

Case Progress Dockets New Search

CASE NUMBER FILE DATE CASE TYPE STATUS

422013CA000115CAAXXX[13CA000115AX]

01/09/2013 FORECLOSURE COMMERICAL $50,001 - $249,99 OPEN

[PLAINTIFF=REVERSE MORTGAGE SOLUTIONS INC ATTORNEY=WILSON, CURTIS ALAN DEFENDANT=GILLESPIE, NEILJ DEFENDANT=OAK RUN HOMEOWNERS ASSOCIATION DEFENDANT=UNITED STATES OF AMERICA DEFENDANT=BAUERLE,ELIZABETH DEFENDANT=GILLESPIE, MARK ATTORNEY=CAPARAS, TIFFANY DEFENDANT=GILLESPIE, NEILJ DEFENDANT=DEVELOPMENT & CONSTRUCTION COR DEFENDANT=GILLESPIE, JOETTA ][JUDGE=STANCIL, HALE R]

LAST DOCKET DATE=06/18/2015

[Court Events | Finance Info | Docket Info]

ACTION DATE TEXT

06/18/2015 NOTICE OF FILING APPEAL TO FLORIDA SUPREME COURT

06/17/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT

06/17/2015 TRANSCRIPT CONT - SEE DOC

06/16/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT

06/04/2015 MEMO FROM 5TH DCA NO MANDATE WILL BE ISSUED IN THIS CAUSE

06/04/2015 ORDER FROM 5TH DCA CAUSE IS DISMISSED

05/08/2015 CORR/MEMO TO CLERKS OFFICE

05/08/2015 CORR/MEMO FROM CLERKS OFFICE

03/09/2015 MAIL RETURNED BY POST OFFICE FROM UNKNOWN SPOOUSE OF ELIZABETH BAUERLE

03/09/2015 MAIL RETURNED BY POST OFFICE FROM ELIZAGETH BAUERLE NKA ELIZABETH BIDWOOD

03/09/2015 MAIL RETURNED BY POST OFFICE FROM ELIZABETH BAUERLE NKA ELIZABETJN BIDWOOD

03/04/2015 DETERMINATION OF INDIGENT STAT NEIL J GILLESPIE IS FOUND INDIGENT

02/28/2015 AFFIDAVIT OF INDIGENT STATUS

02/20/201

Documents

Defendant Gillespie’s Rule 1.150 Motion to Strike Sham Pleadings