Defendants’ Instruction to Clerk Abate This Action Filing # 41583325

8/16/2019 Defendants’ Instruction to Clerk Abate This Action Filing # 41583325

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THIS IS NOT A COMMERCIAL FORCLOSURE IN THE CIRCUIT COURT OF THEFIFTH JUDICIAL CIRCUIT FLORIDA

IN AND FOR MARION COUNTYREVERSE MORTGAGE SOLUTIONS, INC.,

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

vs. Residential HECM Foreclosure CaseFlorida Homestead of Neil J. Gillespie

NEIL J. GILLESPIE AND MARK GILLESPIE F.S. § 702.015 Note missingAS CO-TRUSTEES OF THE GILLESPIE Rule 1.115 Pleading Mortgage ForeclosuresFAMILY LIVING TRUST AGREEMENT Rule 1.100(c)(2) Civil cover sheet wrong.DATED FEBRUARY 10, 1997, ET AL. F.S. § 837.06 False Official Statements

F.S. § 92.525 Verification of documentsDefendants.

________________________________________/

DEFENDANTS’ INSTRUCTION TO CLERK: ABATE THIS ACTIONRule 1.100(c)(2) “...all proceedings in the action shall be abated until a properly executed cover sheet is completed and filed.”.

Defendant Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part III) of

the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 (“Terminated

Trust”), an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and

court services affecting interstate commerce, a consumer of personal, family and household

goods and services, consumer transactions in interstate commerce, a person with disabilities, and

a vulnerable adult, henceforth in the first person, reluctantly appears pro se, and instructs the

Clerk of the Court, pursuant to Fla. R. Civ. Pro 1.100(c)(2), to abate all proceedings in this

action until a properly executed civil cover sheet is completed and filed, and states:

Jurisdiction for the Clerk

Filing # 41583325 E-Filed 05/16/2016 09:57:09 PM


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DEFENDANTS’ ABATEMENT INSTRUCTION TO CLERK OF COURT RULE 1.100(c)(2): May 16, 2016Abate The Action Until A Properly Executed Cover Sheet is Completed and Filed

may not permit any attorney or other person to remove filed documents from the controlor custody of the clerk without leave of the court, except as otherwise provided by law.

Facts

2. The Plaintiff does not have standing to sue in this action. Florida is a Judicial Foreclosure

state. The Plaintiff must comply with F.S. § 702.015. On February 22, 2016, Counsel for the

Clerk emailed me that the Plaintiff has not filed the original note with the Clerk.

3. On or about January 9, 2013 Plaintiff’s counsel Danielle Nicole Parsons, Bar ID 29364,

while employed by McCalla Raymer, LLC., commenced the instant in rem action to foreclose a

REVERSE mortgage, by filing inter alia, a “VERIFIED COMPLAINT TO FORECLOSE

HOME EQUITY CONVERSION MORTGAGE” and a Form 1.997 CIVIL COVER SHEET

knowingly and wrongly certified as a “Commercial foreclosure $50,001 - $249,999”. A certified

copy of the Form 1.997 CIVIL COVER SHEET filed by Ms. Parsons appears at Exhibit 1.

4. Commercial foreclosure is defined by the Florida Rules of Civil Procedure,

FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVILCOVER SHEET

(R) Commercial foreclosure — all matters relating to the termination of a businessowner’s interest in commercial property by a lender to gain title or force a sale to satisfythe unpaid debt secured by the property. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes).

5. The subject property is a residential property, specifically the residential homestead of

Neil J .Gillespie under Sec. 4, Art. X, Fla. Const. My NOTICE OF FILING NOTICE OF

HOMESTEAD OF NEIL J. GILLESPIE, February 7, 2013, appears at Exhibit 2.


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7. Homestead Residential foreclosure is defined by the Florida Rules of Civil Procedure,

FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVILCOVER SHEET

(S) Homestead residential foreclosure — all matters relating to the termination of aresidential property owner’s interest by a lender to gain title or force a sale to satisfy theunpaid debt secured by the property where the property has been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes).

8. Plaintiff’s counsel Ms. Parsons filed a civil cover sheet (Form 1.997) “not properly

executed” violating Rule 1.100(c)(2) Fla.R.Civ.Pro, see Exhibit 1.

9. The Plaintiff’s Form 1.997 CIVIL COVER SHEET is not properly executed because this

case is NOT a “Commercial foreclosure $50,001 - $249,999”.

10. Ms. Parsons falsely verified the civil cover sheet to show a commercial foreclosure, not a

residential foreclosure, in violation of F.S. § 92.525, Verification of documents (and in violation

of Rule 2.515, Signature and Certificates of Attorneys),

“I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief”.

11. Ms. Parsons wrongly certified this residential foreclosure as a commercial foreclosure,

when in fact Parsons knows that this is a residential foreclosure. Ms. Parsons’ certification is

false. Parsons knows the information she certified on the cover sheet is not accurate. Mr. Parsons

violated Fla. Stat. § 92.525, and Rule 2.515, Signature and Certificates of Attorneys.

12. Ms. Parsons’ false verification mislead the Clerk to file this case as a commercial


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duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s. 775.083.

13. Pursuant to Rule 1.100(c)(2) “...all proceedings in the action shall be abated until a

properly executed cover sheet is completed and filed...”. This is the Clerk’s duty, see,

Rule 1.100(c)(2) Pleadings and Motions.

(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at thetime an initial complaint or petition is filed by the party initiating the action. If the cover sheet is not filed, the clerk shall accept the complaint or petition for filing; but all proceedings in the action shall be abated until a properly executed cover sheet iscompleted and filed. The clerk shall complete the civil cover sheet for a party appearing pro se.

14. The Clerk has jurisdiction under Fla. Stat. § 28.13. Papers and electronic filings.

28.13 Papers and electronic filings.—The clerk of the circuit court must maintain all papers and electronic filings in the clerk’s office with the utmost care and security,storing them with related case files and affixing a stamp, which may be electronic, toeach submission indicating the date and time that the submission was filed. The clerk may not permit any attorney or other person to remove filed documents from the controlor custody of the clerk without leave of the court, except as otherwise provided by law.

15. I notified the Clerk of Court by letter Dec-24-2014 to Greg Harrell, the Clerk’s General

Counsel to no avail, see the text below. My Affidavit appears at Appendix 2.

Dear Mr. Harrell:

You emailed me December 09, 2014 at 4:59 PM about the civil cover sheet (form 1.997):

-The case was designated as a commercial foreclosure by plaintiff's counsel in thecivil cover sheet that the plaintiff is responsible for preparing and filing at theoutset of the case. You will need to take the matter up with the court and/or the plaintiff however you deem appropriate if you dispute the plaintiff'scharacterization of the case, as the Clerk has no say in that.


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sheet is not filed, the clerk shall accept the complaint or petition for filing; but all proceedings in the action shall be abated until a properly executed cover sheet is

completed and filed. The clerk shall complete the civil cover sheet for a party appearing pro se.

Currently the civil cover sheet (form 1.997) is not “properly executed” as completed and filed. The Clerk has a ministerial duty under Rule 1.100(c)(2), “...all proceedings in theaction shall be abated until a properly executed cover sheet is completed and filed.”.

When can I expect the Clerk to fulfill its ministerial duties under Rule 1.100(c)(2)?

Mr. Harrell responded by email on December 30, 2014, (see Appendix 2)

The Clerk's Office is of the belief that it has fulfilled its ministerial duties with regard tothe civil cover sheet in Case No. 13-CA-115 and, in any event, does not intend to takeany further action with regard to it. The phrase "properly executed" does not mean thatthe Clerk is required or authorized to evaluate the correctness of which type of matter the

plaintiff filer has selected for the case. The phrase simply pertains to whether the formhas been filled out and signed by the filer.

16. Currently the civil cover sheet (form 1.997) is not “properly executed” as completed and

filed. The Clerk of Court has a ministerial duty under Rule 1.100(c)(2), “...all proceedings in the

action shall be abated until a properly executed cover sheet is completed and filed.”.

17. The Clerk has jurisdiction under Fla. Stat. § 28.13. Papers and electronic filings.

18. David R. Ellspermann (“Clerk Ellspermann”), Marion County Clerk of Circuit Court and

Comptroller, in and for the Fifth Judicial Circuit, Florida, swore an Oath of Office in the State of

Florida on October 2, 2012 under the Constitution of the State of Florida, Article II, General

Provisions, Section 5, Public officers, (b) Each state and county officer, before entering upon the

duties of the office, shall give bond as required by law, and shall swear or affirm:


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and thereafter shall devote personal attention to the duties of the office, and continue in office

until a successor qualifies. A copy appears at Exhibit 3.

19. The Oath of Office of Clerk Ellspermann binds him under the U.S. Constitution, Article

VI Clause 3, and 4 U.S.C. section 101, and 4 U.S.C. section 102. Article VI Clause 3 states:

The Senators and Representatives before mentioned, and the members of the several statelegislatures, and all executive and judicial officers, both of the United States and of the

several states, shall be bound by oath or affirmation, to support this Constitution; but noreligious test shall ever be required as a qualification to any office or public trust under the United States.

20. The authority and duties of Clerk Ellspermann are mandated by law,

• Florida Constitution, Article V, Judiciary, Section 16, Clerks of the Circuit Courts

•

Florida Statutes, Title V, Judicial Branch, Chapter 28, Clerks of the Circuit Court

21. Florida is a Judicial Foreclosure state. The citations to Florida’s foreclosure statutes are:

CHAPTER 702, FORECLOSURE OF MORTGAGES AND STATUTORY LIENSFlorida Statutes Sections 702.01 through 702.11, and

CHAPTER 45, CIVIL PROCEDURE: GENERAL PROVISIONS

Florida Statutes Sections 45.031 through 45.0315.

22. Because Florida is a Judicial Foreclosure state, and the Civil Cover Sheet (Form 1.997) is

not “properly executed” as completed and filed by the Plaintiff’s counsel Ms. Parsons, the Clerk

is mandated under Fla. Stat. § 28.13 to enforce Rule 1.100(c)(2), “...all proceedings in the action

shall be abated until a properly executed cover sheet is completed and filed.” so that I have due

process guaranteed by the Florida Constitution, Article 1, Section 9,

SECTION 9. Due process.—No person shall be deprived of life, liberty or propertyitho t d e process of la or be t ice p t in jeopard for the same offense or be


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words, called the Due Process Clause, to describe a legal obligation of all states. Thesewords have as their central promise an assurance that all levels of American government

must operate within the law ("legality") and provide fair procedures.”

Due Process article by Peter Strauss for the Legal Information Institutehttps://www.law.cornell.edu/wex/due_process

24. Amendment XIV, Section 1, Constitution of the United States,

All persons born or naturalized in the United States, and subject to the jurisdiction

thereof, are citizens of the United States and of the state wherein they reside. No stateshall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction theequal protection of the laws.

https://www.law.cornell.edu/constitution/amendmentxiv

25. Therefore, the Clerk is mandated under Fla. Stat. § 28.13 to enforce Rule 1.100(c)(2) and

abate the action, to uphold his Oath of Office to support the Constitution of the United States,

and the Constitution of the state of Florida, in this Judicial Foreclosure where I am guaranteed

due process by the Florida Constitution, Article 1, Section 9, and where I am guaranteed due

process under the Fourteenth Amendment, U.S. Constitution, Clause 1, the due process clause.

26. While the Clerk is mandated under Fla. Stat. § 28.13 to enforce Rule 1.100(c)(2) and

abate the action, including,

A VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY CONVERSION

MORTGAGE, filed January 9, 2013, appears at Exhibit 4 without exhibits.

the Clerk has done the opposite, and permitted the Plaintiff to file new action, without standing,

and without a “properly executed” Civil Cover Sheet, including,


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D. Plaintiff’s Notice of Action to Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic)ELIZABETH BAUERLE NKA ELIZABETH BIDWOOD (sic)

7504 SUMMER MEADOWS DRIVE, FORT WORTH, TX 76123January 19, 2016 by N. Hernandez, Deputy Clerk, appears at Exhibit 7.

27. On April 14, 2016 I learned that the Clerk falsely reported my residential foreclosure as a

commercial foreclosure to the OSCA, Office of the State Courts Administrator. General Counsel

Tad David provided public records by email in response to my PRR. (Exhibit 9).

28. Mr. David provided me records in PDF by email (Exhibit 10) that show the Clerk’s

falsehoods were submitted at least forty-seven (47) times to the Office of the State Courts

Administrator via the Foreclosure Data Collection mechanism from the Marion County Clerk of

Courts, which falsely reportedCommercial Foreclosure

instead of Residential Foreclosure

in

the “Summary Reporting System Case Type” as defined by the Summary Reporting System

(SRS) Manual maintained by the OSCA. Initially I could not open the Excel file OSCA sent.

29. Recently I got the Excel file open, and printed it to PDF. Mr. David was right: The Excel

format is more concise. The Excel file printed to PDF appears at Exhibit 11.

30. The Clerk’s falsehoods to the OSCA created a bad data record that may be provided to

government agencies of the United States, bad data that may be relied upon for federal funding.

The Clerk’s bad data corrupted Florida governmental agencies who rely on this data as good.

31. I wrote Patricia (PK) Jameson, State Courts Administrator, on April 14, 2016 by email

and UPS letter No. 1Z64589FP293397571. The letters appear at Exhibit 12 with POD but not the

enclosures. I wrote Ms. Jameson in part,


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The designation of my case as a “commercial foreclosure” is also a violation of criminallaw. See attached my letter to Brand King, SA. ASA Simpson responded February 26,

2016, in part,

I told Mr. King that I had already reviewed your complaint with Detective Erik Dice and that I determined that there was no action that our office could take.Specifically most of the complained of acts, even if it were a crime were barred by statute of limitations.

Simpson is wrong, the SOL has not run on this open foreclosure, and this written request

for criminal prosecution was made after Simpson’s review with Erik Dice.

There is no Complaint filed in this case identifiable with the foreclosure. See my letter toClerk Ellspermann, there is no case number on the Complaint identifying it with thiscase.

Finally, Plaintiff’s counsel Curtis Wilson keeps filing new actions against my sister

Elizabeth Bauerle n.k.a. Elizabeth Bidgood, who gave consent to judgment July 8, 2013through counsel KEL, see Defendant’s Motion to Strike Plaintiff’s Motion to Default,and for sanctions.

This is a fraction of the wrongdoing in this case. Florida does not have a legitimate courtsystem.

32. As of today Ms. Jameson has not responded. The reader can be inference her comfort

level with a court corruption.

33. Henceforth all my pleadings in this case will be served upon the Hon. Don F. Briggs,

Chief Judge of the Fifth Judicial Circuit Court Florida:

Under Article V, Section 2(d), Fla. Const., the Chief Judge “[S]shall be responsible for

the administrative supervision of the circuit courts and county courts in his circuit.”.Under Fla. Stat. sec. 43.26, the Chief Judge shall exercise administrative supervision.

Judge Don F. Briggs swore an Oath of Office in the State of Florida on June 19, 2014 under the

Constitution of the State of Florida Article II General Provisions Section 5 Public officers (b)


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I do solemnly swear (or affirm) that I will support, protect, and defend the Constitutionand Government of the United States and of the State of Florida; that I am duly qualified

to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of Circuit Judge, Fifth Judicial Circuit, Group 12 on which I am nowabout to enter, so help me God.

and thereafter shall devote personal attention to the duties of the office, and continue in office

until a successor qualifies, a copy of which appears at Exhibit 9.

34. The Oath of Office of Chief Judge Briggs binds him under the U.S. Constitution, Article

VI Clause 3, and 4 U.S.C. section 101, and 4 U.S.C. section 102. Article VI Clause 3 states:

The Senators and Representatives before mentioned, and the members of the several statelegislatures, and all executive and judicial officers, both of the United States and of theseveral states, shall be bound by oath or affirmation, to support this Constitution; but no

religious test shall ever be required as a qualification to any office or public trust under the United States.

WHEREFORE, Clerk Ellspermann is instructed to ABATE “...all proceedings in the

action shall be abated until a properly executed cover sheet is completed and filed.”.

RESPECTFULLY SUBMITTED May 16, 2016.

Neil J. Gillespie, individually, and former Trustee,F.S. Ch. 736 Part III, of the Terminated Trust8092 SW 115th LoopOcala, Florida 34481

Phone: 352-854-7807Email: [email protected]


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Service List May 16, 2016

I hereby certify the following names were served by email today May 16, 2016 throughthe Florida Portal.

Neil J. Gillespie

The Honorable Don F. Briggs The Honorable Jennifer BassChief Judge, Fifth Judicial Circuit Circuit Court JudgeLake County Judicial Center Fifth Judicial Circuit550 W. Main Street 110 NW 1ST Avenue, Room 507Tavares, FL 32778-7800. Ocala, FL 34475Tel. 352-742-4224 Tel: 352-401-6763Email: [email protected] Email: [email protected]

Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSAMcCalla Raymer, LLC 400 N. Tampa Street, Suite 3200225 E. Robinson Street, Ste. 660 Tampa, FL 33602Orlando, FL 32801 Email: [email protected]: [email protected] [email protected]

[email protected]@gmail.com

Gregory C. Harrell David R. Ellspermann Marion County Clerk General Counsel to David R. Ellspermann, of Court & Comptroller Marion County Clerk of Court & Comptroller P.O. Box 1030P.O. Box 1030 Ocala, Florida 34478-1030Ocala, Florida 34478-1030 Email: [email protected]: [email protected]

Development & Construction Corporation Oak Run Homeowners Association, Inc.of America, c/o Carol Olson, Vice President c/o Board of Directors, [email protected] Administration and Secretary-Treasurer,for RA Priya Ghumman10983 SW 89 AvenueOcala, FL 34481


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Neil J. Gillespie Mark Gillespie

8092 SW 115th Loop 7504 Summer Meadows DriveOcala, FL 34481 Ft. Worth, TX 76123Email: [email protected] Email: [email protected]

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie7504 Summer Meadows DriveFt. Worth, TX 76123Email: [email protected]

Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10, 1997; (NONE); Terminated Trust, February 2, 20158092 SW 115th LoopOcala, FL 34481Email: [email protected]

Elizabeth Bauerle n/k/a Elizabeth Bidgood Unknown spouse of Elizabeth Bidgood,8092 SW 115th Loop n.k.a. Scott Bidgood Ocala, FL 34481 8092 SW 115th LoopEmail: [email protected] Ocala, FL 34481

Email: [email protected]


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DEFENDANTS’ ABATEMENT INSTRUCTION TO CLERK OF COURT RULE 1.100(c)(2): May 16, 2016

Abate The Action Until A Properly Executed Cover Sheet is Completed and Filed

LIST OF EXHIBITS

Exhibit 1 Civil Cover Sheet filed by Danielle Parsons of McCalla Raymer Jan-09-2013

Exhibit 2 Neil J Gillespie NOTICE OF FILING NOTICE OF HOMESTEAD, state court

Exhibit 3 Oath of Office, David R. Ellspermann

Exhibit 4 Verified Complaint To Foreclose Home Equity Conversion Mortgage

Exhibit 5 Notice of Action Unknown Settlors-Beneficiaries GFLT Nov-10-2015

Exhibit 6 Notice of Action Unknown Spouse of Elizabeth Bauerle Nov-10-2015

Exhibit 7 Notice of Action Elizabeth Bauerle nka Elizabeth Bidwood Jan-19-2016

Exhibit 8 The Hon Don F. Briggs, Oath of Office

Exhibit 9 Gillespie PRR to OSCA Case Status Records April 12-2016

Exhibit 10 OSCA email and PDF public records response to Gillespie Apr-14-2016

Exhibit 11 OSCA Data_Request_20160412_Gillespie (Excel)

Exhibit 12 Gillespie letter April 14, 2016 to Patricia (PK) Jameson OSCA

Appendix A AFFIDAVIT of NJG RESIDENTIAL HOMESTEAD, Filing 23497600

Appendix B AFFIDAVIT of NJG re CIVIL COVER SHEET


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IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF FLORIDA

IN AND

FOR

MARION COUNTY

CASE NO.: 2013-115-CAT

REVERSE MORTGAGE SOLUTIONS, INC.,

Plaintiff,

vs.

. ....

NEIL

J

GILLESPIE AND

MARK

GILLESPIE

I

AS CO-TRUSTEES OF THE GILLESPIE

C- ,

.-

--J

i

FAMILY LIVING TRUST AGREEMENT

(

--

DATED FEBRUARY 10, 1997, et aI.,

w

..

Defendants.

N

NOTICE OF FILING NOTICE OF HOMESTEAD OF NEIL

J

GILLESPIE

PLEASE TAKE NOTICE that Defendants, NEIL J GILLESPIE, and NEIL J.

GILLESPIE CO-TRUSTEE OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT

DATED FEBRUARY 10, 1997, in the above action, have today filed a Notice of Homestead for

NEIL

J

GILLESPIE and the subject property, a certified copy

of

which is attached hereto.

DATED February

7 2013.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have furnished a true and correct copy of the foregoing to

Danielle N. Parsons, Esq., McCalla Raymer LLC, 225

E

Robinson

S1

Suite 660, Orlando, FL

32801, [email protected]; via email today February

7 2013

and to parties on the

attached Service List

by

email as provided. No other party was served.


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·......

_...

-..

...-..

---.-.

DAVID

R EUSPERMANN CLERK OF

COURT MARION

COUNTY

DATE: 02107 2013 03:02:21 PM

FILE

:

2013013720 OR BK 05807 PG 1396

REC 10.00

NOTICE

OF

HOMESTEAD

To Whom It May Concern:

You are notified that the undersigned NEIL

J.

GILLESPIE claims as homestead exempt

from

levy and execution under Section

4,

Article X of the Florida State Constitution, the

following described property:

Lot(s)

1,

Block

G,

OAK RUN WOODSIDE TRACT, according to the Plat

thereof as

recorded

in

Plat Book 2 at Page(s) 106 through 112, inclusive of the

Public Records of Marion County, Florida.

Property address: 8092 SW 115th Loop, Ocala, FL 3448

The undersigned certifies, under oath, that he or she has applied for and received the homestead

tax exemption as to the above-described property, that 7013-007-001 is the tax identification

parcel nunlber

of

this property, and that the undersigned has resided on this property

continuously and uninterruptedly from February

9,

2005

to

the date

of

this Notice

of

Homestead.

STATE OF FLORlDA

COUNTY

OF MARION

The foregoing instrument was acknowledged before me this 7th day

of

February, 2013 by

NEIL J. GILLESPIE, who is personally known to

me.

t b

Notary Public


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SERVICE LIST

Danielle N. Parsons

McCalla Raymer, LLC

225 E. Robinson

S1.

Suite 660

Orlando, L 32801

[email protected]

Oak Run Homeowners Association, Inc.

Robert A. Stermer, Esq., Registered Agent

7480 SW Highway 200

Ocala, FL 34476

Primary Email: [email protected]

Secondary Email: [email protected]

United States

of

America, on behalfof the

Secretary ofHousing and Urban Development

400 N. Tampa

S1.

Suite 3200

Tampa, L 33602

[email protected]

Tiffany Caparas, Esq.

111 N. Magnolia Ave., Suite 1600

Orlando, L 32801

Primary Email: [email protected]

Secondary Email: [email protected]

Mark Gillespie

7504 Summer Meadows Drive

F1. Worth, TX 76123

Email: [email protected]


19/51

OAl H OF

Ot'.FICE

rt.

J

I. § 5(b),

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of

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under

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on which

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NOTE: If)'ou affirm, )tou may omit the "'ords "'so help me God." See § 92.52, Fla. Stat.J

~ ~ _ 1 1 1 1 . P # ~ ~ - - - - - - - ~ - - - - -

Signatllre

Sworn to

andJlIbscri Jcd befnre me

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o Jdenl{{ication froduced

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- - - - - - ~ - - - - ~ ~ - - ~ - ~ - - - - - - ~ - - - - - - - - - - - - - - - - - ~ - - - - - - .

ACCEPTANCE

I

accept

the

office

listcd

in

the

abo, e

Osth

of

Office

Mailing Address:

illiome 0

Office

1)AUIC)

i? El.l SpeitMANN


20/51

5

th

IN THE CIRCUIT

COURT

OF THE

JUDICIAL

CIRCUIT

IN

AND FOR

MARION COUNTY, FLORIDA

CASE

NO.

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, 1997; OAK

RUN

HOMEOWNERS ASSOCIATION, INC.; UNITED

STATES OF AMERICA, ON

BEHALF

OF THE

SECRETARY

OF

HOUSING AND URBAN

DEVELOPMENT; ELIZABETH BAUERLE;

MARK GILLESPIE; NEIL

J.

GILLESPIE;

DEVELOPMENT CONSTRUCTION

CORPORATION OF AMERICA; UNKNOWN

SPOUSE OF ELIZABETH BAUERLE;

UNKNOWN SPOUSE OF MARK GILLESPIE;

UNKNOWN

SPOUSE OF

NEIL

J. GILLESPIE;

UNKNOWN

SETTLERSIBENEFICIARIES

OF

THE GILLESPIE FAMILY LIVING

TRUST

AGREEMENT DATED FEBRUARY

10,1997;

UNKNOWN TRUSTEES, SETTLERS

AND

BENEFICIARIES

OF UNKNOWN

SETTLERSIBENEFICIARIES OF

THE

GILLESPIE FAMILY LIVING

TRUST

AGREEMENT DATED FEBRUARY

10, 1997;

UNKNOWN

TENANT

IN POSSESSION 1 and

UNKNOWN TENANT IN POSSESSION 2

Defendants.

/


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MARK GILLESPIE; NEIL J. GILLESPIE; DEVELOPMENT CONSTRUCTION

CORPORATION OF AMERICA; UNKNOWN SPOUSE OF ELIZABETH BAUERLE;

UNKNOWN SPOUSE OF MARK. GILLESPIE; UNKNOWN SPOUSE OF NEIL J.

GILLESPIE; UNKNOWN SETTLERSIBENEFICIARIES OF THE GILLESPIE FAMILY

LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; UNKNOWN TRUSTEES,

SETTLERS AND BENEFICIARIES OF UNKNOWN SETTLERSIBENEFICIARIES OF THE

GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; and

UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN TENANT IN POSSESSION 2

and alleges:

1. This is an in rem action to foreclose a REVERSE mortgage on real property in

Marion County, Florida, and pursuant to F.S. § 26.012, this Court has jurisdiction

of

the subject

matter herein.

2. On June 5, 2008, PENELOPE M. GILLESPIE, INDIVIDUALLY AND AS CO

TRUSTEE AND NEIL

J.

GILLESPIE AND

MARK

GILLESPIE, CO-TRUSTEES executed and

delivered a Promissory Note to the Payee named thereon. On June 5, 2008, PENELOPE M.

GILLESPIE, INDIVIDUALLY AND AS CO-TRUSTEE AND NEIL J. GILLESPIE AND

MARK.

GILLESPIE, CO-TRUSTEES executed and delivered a Mortgage securing payment

of

said Note. The Mortgage was recorded on June 25, 2008, in Official Records Book 5057, at

page 1670, of the public records

of

Marion County, Florida, and mortgaged the property

identified in the Mortgage, then owned by and in possession of the Mortgagor, more fully

described as:

Lot(s) 1 Block G OAK RUN WOODSIDE TRACT, according to the Plat thereof

as recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public

Records ofMarion County, Florida.

and commonly known as 8092 SW 115TH LOOP, OCALA, FL 34481. Copies of the Note and

Mortgage are attached as Exhibits A and B, respectively.

3.

The described subject Mortgage was subsequently assigned to Plaintiff. Copies of

the relevant Assignments

of

Mortgage are attached as Composite Exhibit C.

4. Plaintiff is entitled to enforce the Note and Mortgage, pursuant to F.S. § 673.3011,

as the owner and holder of an instrument.


22/51

8 Plaintiff declares the full amount payable under the Note and Mortgage to

e

due,

together with interest from Septenlber 16, 2009, late charges, advancements, and all costs

of

collection including, but not limited to, title search expense for ascertaining necessary parties to

this action and reasonable attom ey's fees. The principal balance due on the Note and Mortgage,

as

of the date ofdefault is $107,506.53.

9 Plaintiffis obligated to pay Plaintiff's attorneys a reasonable fee for their services.

10. All conditions precedent to the acceleration

of

the Note and to the foreclosure

of

the Mortgage have been met, complied with, and fulfilled prior to bringing the present

foreclosure action.

11

Defendant, ELIZABETH BAUERLE, is joined y virtue

of

any right, title or

interest said Defendant may claim as an heir at law or as a beneficiary of PENELOPE

GILLESPIE, Deceased or any interest in the subject real property y

or

through said deceased

person.

12. Defendant, NEIL J GILLESPIE, is joined y virtue

of

any right, title or interest

said Defendant may claim as an heir at law or as a beneficiary of PENELOPE GILLESPIE,

Deceased or any interest in the subject real property by or through said deceased person.

13

Defendant, MARK GILLESPIE, is joined y virtue

of

any right, title or interest

said Defendant may claim as an heir at law or as a beneficiary

of

PENELOPE GILLESPIE,

Deceased or any interest in the subject real property by or through said deceased person.

14 Defendant, NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES

OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10,1997,

individually and as trustee, are joined by virtue of any right, title or interest

of

said Defendant

may claim in the event that the trust is not valid. Said interest is subject, subordinate, and inferior

to the lien

of

the Mortgage held y Plaintiff.

15 Defendant, UNKNOWN SPOUSE OF NEIL

J

GILLESPIE, is joined

y

virtue of

any right, title

or

interest said Defendant may claim

y

virtue

of

marriage to Defendant, NEIL

J.

GILLESPIE, and/or by virtue

of

joining in and executing the subject Mortgage. Said interest is

subject, subordinate, and inferior to the lien of the Mortgage held

y

Plaintiff.

16 Defendant, UNKNOWN SPOUSE OF ELIZABETH BAUERLE, is joined y


23/51

18. Defendants,

UNKNOWN

TEN NT IN POSSESSION 1 and UNKNOWN

TENANT

N

POSSESSION 2, are

joined

by

virtue

of

any right, ti tle

or

interest said Defendants

may

claim as tenants

in

the property pursuant to a lease agreement, either written or oral. Said

interest is subject, subordinate, and inferior to

the

lien

of

the Mortgage held

by

Plaintiff.

19. Defendant, O K

RUN

HOMEOWNERS ASSOCIATION, INC., is joined by

virtue of any right, title

or

interest said Defendant

may

claim

under

F.S. §§

7.18.116

and/or

720.3085 or pursuant to the association's declaration or other covenants.

20. Defendant, DEVELOPMENT & CONSTRUCTION CORPORATION OF

AMERICA, is

joined by

virtue of any right, title or interest said Defendant may claim under the

lien dated June 23, 2011, and recorded

on

June 23, 2011, in Official Records Book 5534, at page

772, of at Instrument No. 06/23/2011 in the public records of Marion County, Florida, in the

original amount of $2,587.06. Said interest is subject, subordinate, and inferior to the lien of the

Mortgage held by Plaintiff

21. Defendant, UNITED STATES OF AMERICA,

ON

BEHALF OF THE

SECRETARY

OF

HOUSING AND URBAN DEVELOPMENT, is joined

by

virtue

of

any right,

title or interest said Defendant may claim pursuant to the Mortgage dated June 5, 2008, and

recorded on June 25, 2008, in Official Records Book 5057, at page 1683, of the public records of

Marion County, Florida, in the original amount of $198,000.00. Said mortgage lien interest is

junior, subject, subordinate, and inferior to the lien of the Mortgage

held

by Plaintiff:

22.

In

addition to all named Defendants,

THE

UNKNOWN TRUSTEES, SETTLERS

AND BENEFICIARIES

or

other parties claiming

an

interest in

the

subject property by, through,

under, or against UNKNOWN SETTLERS/BENEFICIARIES

OF

THE GILLESPIE FAMILY

LIVING TRUST GREEMENT

DATED FEBRUARY 10, 1997, are joined as defendants

herein. The claims of any of said parties are subject, subordinate, and inferior to the interest of

Plaintiffs Mortgage.

23. The Mortgage of the Plain tiff is a lien superior in dignity to the right, title, claim

of lien or interest of all the Defendants, known

or

unknown, in this case, or any of them.

WHEREFORE, Plaintiff requests this Honorable Court grant judgment in its favor as

follows:

a. Take jurisdiction of the parties hereto and of the subject matter hereof;


24/51

f. Order delivery and possession of the real property to

the

Purchaser, who shall

be

responsible for condominium and/or

homeowner

association assessments and other

charges in accordancewithFloridaStatutes §§ 718.116and720.3085,respectivelyand

upon proof of the

denland

or refusal of any Defendant to vacate and surrender such

possession,andtheclerkbe directedtoissueawritof possessionwithout furtherorder of

thisCourt;

g. Retainjurisdictionof thiscauseand the partiesheretoto

detennine

Plaintiff'sentitlement

toadeficiency

judgment andthe amountthereof;unlessany Defendantpersonallyliable

shall have been discharged from liability under the subject Note pursuant to the

provisions

of

the BankruptcyCode 11.U.S.C.

§

101,et.seq.;and

h. Grantsuchother andfurther

relief

asappearsjust andequitableunder the circumstances.

DATED

this

c < day f , , - - - . J , ; \ 6 . l I ~ ~ ~ ~

- kJr\

_ ---_._-

------_.-

~ _ -

DanielleN Parsons,Esq.

McCalla Raymer,

LLC

AttorneyforPlaintiff

225E.RobinsonSt.Suite660

Orlando,

FL

32801

Phone:

407)674-1850

Fax:(321)248-0420

Email:[email protected]

Fla.

Bar

No.:0029364

FLA.R.CIV.PI.I10m) VERIFICATION

UNDER PENALTYOF PERJURY,

I

declarethat

I

havereadthe foregoingandthatthe

factsallegedthereinaretrueand

~ t

tothebest

of

my

knowledgeand

be1ie

k

_

PrintName: Debbie

Sims

_ .

_

_-

Title:

VicePresident

Company:

ReverseMortgage Solutions,Inc.

_

•••• ow. ••

Date:

December 20,2012


25/51

UNKNOWN SETTLORSIBENEFICIARIES OF THE GILLESPIE FAMILY LIVING

IN THE CIRCUIT COURT

OF

THE

FIFTH

JUDICIAL CIRCUIT OF

FLORIDA IN AND FOR MARION

COUNTY

C ~ : . _

-

~ ~ ~

:::::

c:·

.

--

C'J1

-

3

-

1

•...:;

CASE

NO. 42-2013-CA-OOOI15-AXXX

XX

(

L

:::.. ....

c.._

.

-

I

UJ

- 0

oa

· . . . .-:: ·a

1 . . ~ ?

,

t 1 . ~ -. . .

,

..

=....=.

..

w

REVERSE

INC.,

MORTGAGE SOLUTIONS

~ ~ ~

: :

.-:

:J

0

Plaintiff

vs.

NEIL

J. GILLESPIE

AND

MARK

GILLESPIE AS CO-TRUSTEES OF THE

GILLESPIE FAMILY LIVING TRUST

AGREEMENT DATED FEBRUARY 10,

1997,

et al.

Defendants.

/

NOTICE

OF ACTION

To:

TRUST AGREEMENT DATED FEBRUARY 10, 1997

8092 SW 115THLOOP

OCALA, FL 34481

LAST KNOWN ADDRESS

STATED,

CURRENT RESIDENCE UNKNOWN

YOU ARE HEREBY NOTIFIED that

an

action to foreclose Mortgage covering the following

real and personal property described as follows to-wit:

LOT(S)

1,

BLOCK G, OAK RUN WOODSIDE TRACT, ACCORDING TO THE PLAT

THEREOF

AS

RECORDED IN PLAT BOOK 2 AT PAGE(S) 106 THROUGH 112,

INCLUSIVE OF THE PUBLIC RECORDS OF MARION O U T ~ FLORIDA.


26/51

CASE

NO.

42-2013 ;CA-OOOllS-AXXX-XX

demanded

in the

Complaint.

WITNESS

my hand and seal o said Court on the day

o

NQ . , ) e

rn e rL 20_

DAVID R EUSPERMANN

CLERK OF

THE

CIRCUIT COURT

As

Clerk

o the

Court

By:6f

•

v cPe

Deputy Clerk

6

Publish

In:

Voice

o

South

Marion

Bill

To:

MCCALLA

RAYMER

LLC

225 E. Robinson 81 Suite 155

Orlando,

FL 32801

Phone:

(407)

674-1850

Fax:

(321) 248-0420

231


27/51

IN

THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF


COUNTY

CASE NO. 42-2013-CA-OOOlI5-AXXX

XX

REVERSE MORTGAGE SOLUTIONS,

( , .

J

o

\

.

INC"

c:. : : :

.e.:..- .....

Plaintiff,

vs.

NEILl. GILLESPIE AND MARK

GILLESPIE AS CO-TRUSTEES

OF

THE

GILLESPIE

FAMILY

LIVING TRUST

AGREEMENT

DATED

FEBRUARY 10,

1997, et

aI.,

~ l ~ i t tJt

..

LUI1IUA,

COUNTY OF M RION

I

HEREBY CERTIFY

that the

foregoilg Is

a

. . . . . .

Defendants.

correct copy of p a g e ~

/

Instrument

filed

In this

offtce.

The

original

instrurTl8ftt filed conIIInI 2

[]

This

copy has no redIcIana.

o nus OW been redacIId

NOTICE OFACTION D A V l D R . ~ C I I I k _

: cmco ~ I Q

To: UNKNOWN SPOUSE OF ELIZABETH BAUERLE

- - ~ ~ ~ \

..•......

: O ~ t t

6356 SW 106TH PLACE

~ I Q

••

s ~ '

OCALA, FL 34476

~ V , · *r.

. : < t ~

:9

I , ~ . . .

.

LAST KNOWN ADDRESS STATED, CURRENT RESIDENCE UNKNOWN

I t ~ l O ~ •••• • : : : i ~ : r

\ C O \ J N \ : ~ '

\

\

,

YOU

ARE HEREBY NOTIFIED that an action to foreclose Mortgage covering the following

real and personal property described as follows, to-wit:

LOT(S) 1, BLOCK

G,

OAK RUN WOODSIDE TRACT, ACCORDING TO THE PLAT

THEREOF

AS

RECORDED

IN

PLAT

BOOK 2 AT PAGE(S) 106 THROUGH

112,

INCLUSIVE OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

)


28/51

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

days from the first publication, otherwise a Judgment may be entered against you for the relief

demanded in the

Complaint.

WITNESS my hand and seal of said Court on the day of

t J

0

v


29/51

IN

THE CIRCUIT COURT OF THE

....

nO

-..a.

FIFTH JUDICIAL CIRCUIT

OF

~ r ~ ~

0 )


» ~ = :

: : = o ~ _

'-

:»

----.

OUNTY

z

n

( -J :..:.

..

CJ1

-

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

~ ~ ~

:

<

z .

-0

r-

-1


30/51

a ; V ~

y

f AVR

BJ ;SPeRMANN

days from

the

first publication, otherwise a Judgment

may

be entered against you for the relief

demanded

in

the Complaint.

WITNESS

my

hand and seal

o

said Court on the

~ y

o

Publish

In:

Voice

o South Marion

Bill To:

MCCALLA

RAYMpR,

LLC

225

E Robinson

S1

Suite 155

Orlando,

FL 32801

Phone: 407)674-1850

Fax: 321) 248-0420


31/51


32/51

April 12, 2016

VIA Email: [email protected]

Patricia (PK) Jameson

State Courts Administrator

Office of the State Courts Administrator (OSCA)

500 South Duval StreetTallahassee, FL 32399-1900

Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged

promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.,

and where applicable, Public Access to Judicial Branch Records, Fla. R. Jud. Admin. Rule 2.420

Dear Ms. Jameson:

My home is in foreclosure, and I want copies of records maintained by the OSCA that show the

status of my case, which is an old case, filed January 9, 2013, including, but not limited to,

• Statistical office caseload records containing reference to my case:

• OSCA foreclosure records containing reference to my case:

RE: Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie and Mark Gillespie as Co-Trustees, et al.

Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 42-2013CA000115-CAAXXX

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop

Ocala, Florida 34481

Tel. 352-854-7807

Page 1 of 1


33/51

Neil Gillespie

From: "Neil Gillespie" To: "Tad David" ; "PK Jameson" ; "OSCA email"

; "ADA OSCA" ; "Debbie Howells" Cc: "Neil Gillespie" Sent: Tuesday, April 12, 2016 3:23 PM

Attach: Record request to State Courts Administrator OSCA April-12-2016.pdf Subject: Record request to State Courts Administrator OSCA April-12-2016

Page 1 of 2


34/51

Neil Gillespie

From: "Tad David" To: "Neil Gillespie" ; "PK Jameson" ; "osca"

; "ADA" ; "Debbie Howells" Sent: Thursday, April 14, 2016 3:12 PM Attach: Data_Request_20160412_Gillespie.pdf; Data_Request_20160412_Gillespie.xlsSubject: RE: Record request to State Courts Administrator OSCA April-12-2016

Mr. Gillespie,

Attached please find the records containing the requested information.

We have produced it

in two formats. The same information is in both documents. (I found the Excel format more

concise.)

With the provision of these records, there are no more pending records requests from you to

OSCA.

Thomas A. "Tad" David

General Counsel Office of the State Courts Administrator

Supreme Court Building

500 South Duval Street

Tallahassee, FL 32399

Phone:

(850) 488-1824

Fax: (850) 410-5301

[email protected]

From Tad David

Sent Wednesday, April 13, 2016 1:39 PM

To 'Neil Gillespie' ; PK Jameson ; osca

; ADA ; Debbie Howells

Subject RE: Record request to State Courts Administrator OSCA April-12-2016

Mr. Gillespie,

I h b 24 h i h b l i d b ffi F

Page 2 of 2


35/51

General Counsel

Office of the State Courts Administrator

Supreme Court Building

500 South Duval Street Tallahassee, FL 32399

Phone:

(850) 488-1824

Fax:

(850) 410-5301

[email protected]

From Neil Gillespie [mailto:[email protected]]Sent Tuesday, April 12, 2016 3:23 PM

To Tad David ; PK Jameson ; osca

; ADA ; Debbie Howells

c Neil Gillespie

Subject Record request to State Courts Administrator OSCA April-12-2016

Report Date: 7/31/2013


36/51

County: 42

Circuit: 5

Uniform Case Number: 422013CA000115AXXXXX

Filing Date: 1/9/2013

Summary Reporting System Case Type: Commercial Foreclosure $50,001‐$249,999

Division: Foreclosou Primary Judge Assigned: Stancil, Hale Ralph

Supplemental Officer:

Case Status: Active

Date Closed:

Summary Reporting System Disposition Category:


County: 42 Circuit: 5




Division: Foreclosou

Primary Judge Assigned: Stancil, Hale Ralph


Case Status: Active Date Closed:



County: 42

Circuit: 5


Filing Date: 1/9/2013 Summary Reporting System Case Type: Commercial Foreclosure $50,001‐$249,999




Case Status: Active

Date Closed:



County: 42

Circuit: 5



C t 42


37/51

County: 42

Circuit: 5






Case Status: Active

Date Closed:













County: 42

Circuit: 5






Case Status: Active

Date Closed:



County: 42

Circuit: 5



County: 42


38/51

County: 42

Circuit: 5






Case Status: Active

Date Closed:













County: 42

Circuit: 5






Case Status: Active

Date Closed:



County: 42

Circuit: 5



County: 42


39/51

County: 42

Circuit: 5




Division:

Foreclosou



Case Status: Active

Date Closed:



County:

42

Circuit: 5







Case Status:

Active

Date Closed:



County: 42

Circuit: 5


Filing Date:

1/9/2013





Case Status: Active

Date Closed:



County: 42

Circuit: 5



County: 42


40/51

County: 42

Circuit: 5




Division:

Foreclosou



Case Status: Active

Date Closed:



County:

42

Circuit: 5







Case Status:

Active

Date Closed:



County: 42

Circuit: 5


Filing Date:

1/9/2013





Case Status: Active

Date Closed:



County: 42

Circuit: 5

Uniform Case Number: 422013CA000115CAAXXX


County: 42


41/51

y

Circuit: 5




Division:

Stancil, H



Case Status: Active

Date Closed:



County:

42

Circuit: 5




Division: Stancil, H



Case Status:

Active

Date Closed:



County: 42

Circuit: 5


Filing Date:

1/9/2013





Case Status: Active

Date Closed:



County: 42

Circuit: 5



County: 42


42/51

Circuit: 5




Division:

Stancil, H



Case Status: Active

Date Closed:



County:

42

Circuit: 5







Case Status:

Active

Date Closed:



County: 42

Circuit: 5


Filing Date:

1/9/2013





Case Status: Active

Date Closed:



County: 42

Circuit: 5



County: 42


43/51

Circuit: 5




Division:

Stancil, H



Case Status: Active

Date Closed:



County:

42

Circuit: 5







Case Status:

Active

Date Closed:



County: 42

Circuit: 5


Filing Date:

1/9/2013





Case Status: Active

Date Closed:



County: 42

Circuit: 5



County: 42


44/51

Circuit: 5




Division:

Stancil, H



Case Status: Active

Date Closed:



County:

42

Circuit: 5







Case Status:

Active

Date Closed:



County: 42

Circuit: 5


Filing Date:

1/9/2013


Division: Bass, Jenn

Primary Judge Assigned: Bass, Jennifer


Case Status: Active

Date Closed:



County: 42

Circuit: 5



County: 42

Ci i 5


45/51

Circuit: 5




Division:

Bass, Jenn



Case Status: Active

Date Closed:



County:

42

Circuit: 5







Case Status:

Active

Date Closed:



County: 42

Circuit: 5


Filing Date:

1/9/2013





Case Status: Active

Date Closed:



County: 42

Circuit: 5



County: 42

Circuit 5


46/51

Circuit: 5




Division:

Bass, Jenn



Case Status: Active

Date Closed:



County:

42

Circuit: 5







Case Status:

Active

Date Closed:



County: 42

Circuit: 5


Filing Date:

1/9/2013





Case Status: Active

Date Closed:



County: 42

Circuit: 5



County: 42

Circuit: 5


47/51

Circuit: 5




Division:

Bass, Jenn



Case Status: Active

Date Closed:



County:

42

Circuit: 5







Case Status:

Active

Date Closed:



County: 42

Circuit: 5


Filing Date:

1/9/2013





Case Status: Active

Date Closed:



48/51

VIA UPS No. 1Z64589FP293397571 April 14, 2016

VIA Email: jamesonp@flcourts org


49/51

VIA Email: [email protected]

Patricia (PK) Jameson

State Courts Administrator

Office of the State Courts Administrator (OSCA)

500 South Duval Street

Tallahassee, FL 32399-1900

RE: Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie and Mark Gillespie as Co-Trustees, et al.

Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 42-2013CA000115-CAAXXX

Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.,

and where applicable, Public Access to Judicial Branch Records, Fla. R. Jud. Admin. Rule 2.420

Dear Ms. Jameson:

Thank you and Mr. David for the records provided today. Unfortunately I cannot open or use the

Excel file. Please convert the Excel file information to PDF, or printed and scan to PDF.

The designation of a “commercial foreclosure” is wrong on the records you provided. This case

is a residential foreclosure. See

The designation of my case as a “commercial foreclosure” is also a violation of criminal law. See

attached my letter to Brand King, SA. ASA Simpson responded February 26, 2016, in part,

I told Mr. King that I had already reviewed your complaint with Detective Erik Dice and

that I determined that there was no action that our office could take. Specifically most of

the complained of acts, even if it were a crime were barred by statute of limitations.

Simpson is wrong, the SOL has not run on this open foreclosure, and this written request for

criminal prosecution was made after Simpson’s review with Erik Dice.

There is no Complaint filed in this case identifiable with the foreclosure. See my letter to Clerk

Ellspermann, there is no case number on the Complaint identifying it with this case.

Finally, Plaintiff’s counsel Curtis Wilson keeps filing new actions against my sister Elizabeth

Bauerle n.k.a. Elizabeth Bidgood, who gave consent to judgment July 8, 2013 through counsel

KEL, see Defendant’s Motion to Strike Plaintiff’s Motion to Default, and for sanctions.

Proof of Delivery Close Window

D C t

https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FP293397571&refNumbers=&loc=en_US


50/51

Tracking Number: 1Z64589FP293397571

Service: UPS Ground

Weight: 2.00 lbsShipped/Billed On: 04/14/2016

Delivered On: 04/15/2016 9:22 A.M.

Delivered To: 813 LAKE BRADFORD RD

TALLAHASSEE, FL, US 32304

Signed By: RAULERSON

Left At: Inside Delivery

Print This Page

Dear Customer,

This notice serves as proof of delivery for the shipment listed below.

Thank you for giving us this opportunity to serve you.

Sincerely,

UPS

Tracking results provided by UPS: 04/15/2016 9:58 A.M. ET

Close Window

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UP S S t or e ® , UP S A c c e s s P oi n t ( T M ) l o c a t i on , UP S Dr o pB ox ,

C u s t om er C en t er , UP S A l l i an c e s ( O

f f i c eD e p o t ® or S t a pl e s ®

) or A u t h or i z e d S h i p pi n g O u t l e t n e ar

t em s s en

t v i a UP S R e t ur n S er v i c e s

( S M ) ( i n c l u d i n gv i a Gr o un d ) ar e al s o a c c e p t e d a t Dr o pB ox e s .

d t h el o c a t i onn e ar e s t y o u , pl e a s ev i s i t t h e' F i n d L o c a t i on s ' Q

ui c k l i nk a t u p s . c om.

d ul e a s am e d a y or f u t ur e d a y P i c k u p t oh av e a UP S d r i v er pi c k u p al l of y o ur I n t er n e t S h i p pi n g

g e s .

th e p a c k a g e t o an y UP S d r i v er i n y o ur ar e a.

e s s P oi n t T M

UP S A c

c e s s P oi n t T M

S S T ORE

T HE UP

S S T ORE

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O C A L A

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&k e y=l a b e l Wi n d o w & t y p e =

h t ml &l o c = e n _ U S &i n s t r =A

& d o c = s h i pm e n t . . .

4 / 1 4 / 2 0 1 6 4 : 3 2 P M

Documents

Defendants’ Instruction to Clerk Abate This Action Filing # 41583325