Verification of Marriage Records Notice of Filing

8/20/2019 Verification of Marriage Records Notice of Filing

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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 HECM Foreclosure CaseFlorida Homestead of Neil J. Gillespie

NEIL J. GILLESPIE AND MARK GILLESPIEAS CO-TRUSTEES OF THE GILLESPIEFAMILY LIVING TRUST AGREEMENTDATED FEBRUARY 10, 1997, ET AL.

Defendants. ________________________________________/

NOTICE OF FILING BY DEFENDANT NEIL J. GILLESPIERe: Verification of the Illinois Marriage Record of Elizabeth Bauerle, n.k.a. Elizabeth Bidgood,

and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle

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 files this NOTICE regarding

verification of the Illinois marriage record of Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, and

Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle, and states,

1. On January 8, 2016 I filed 4 responses to the Plaintiff’s Notice of Action to Foreclose:

A. Plaintiff’s Notice of Action to Foreclose the UNKNOWN SETTLORSBENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENTDATED FEBRUARY 10, 1997.

B. Plaintiff’s Notice of Action to Foreclose the UNKNOWN SETTLORSBENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENTDATED FEBRUARY 10, 1997, 8092 SW 115TH LOOP, OCALA, FL 34481.

Filing # 36416149 E-Filed 01/11/2016 05:11:25 PM


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NOTICE OF FILING BY DEFENDANT NEIL J. GILLESPIE January 11, 2016Re: Verification of the Illinois Marriage Record of Elizabeth Bauerle, n.k.a.

Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle

2

C. Plaintiff’s Notice of Action to Foreclose the UNKNOWN SPOUSE OFELIZABETH BAUERLE

D. Plaintiff’s Notice of Action to Foreclose the UNKNOWN SPOUSE OFELIZABETH BAUERLE, 6356 SW 106th Place, Ocala, Florida, 34476.

2. My responses the Plaintiff’s Notice of Action to Foreclose were Motions to Dismiss, and

based on my Affidavits of January 8, 2016:

Affidavit of Neil J. Gillespie, IN RE: Unknown Spouse of Elizabeth Bauerle (n.k.a.

Elizabeth Bidgood) is now known as Scott Bidgood or Scott Allen Bidgood

Affidavit of Neil J. Gillespie, IN RE: UNKNOWN SETTLORS BENEFICIARIESOF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED

FEBRUARY 10, 1997

3. At the time my Affidavits were notarized January 8, 2016, and my responses filed with this

Court, the Kane County Illinois Clerk had not provided a response to my FOIA made December

23, 2015 under the Illinois Freedom of Information Act (FOIA) law, 5 ILCS 140/1 et seq.

4. An appendix of responses by Kane County IL government (52 pages) appears at Exhibit 1.

Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAOTo requests by Neil J. Gillespie made under Illinois state law, theIllinois Freedom of Information Act, 5 ILCS 140/1 et seq., and theIllinois law for marriage licenses (410 ILCS 535-Vital Records Act)

5. On January 8, 2016 at 3:41 PM, Shauna Becker, FOIA Officer/Supervisor of Vital

Records for John A. Cunningham, Kane County Illinois Clerk provided the first of two email

responses. The second response of Ms. Becker was by email at 5:01 PM.

6. On January 8, 2016 Shauna Becker wrote in relevant part:

“Please see below for the documentation required to obtain the marriage record per theIllinois Department of Public Health:

1. Full names of Bride and Groom2. Date of the marriage


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3. Marriage had to take place in Kane County4. $16.00 fee by check or money order payable to the Kane County Clerk 5. Completed Certificate Request Form (attached with this letter)

6. Photocopy of your valid driver's license or state issued photo ID.

All of the above information is necessary and must be provided to our office, to obtainthe certified record. We do not provide facsimiles, photocopies or emails of any vitalrecords. Vital records are not obtainable through a Freedom of Information Act request.Marriage records are not public records.”

7. On information and belief, the forgoing by Ms. Becker is not appropriate to my situation

because I do not have all the information requested. I do not know the date of the marriage. I am

not certain the marriage took place in Kane County. The $16.00 fee to Kane County is onerous

when compared to the $5.00 fee requested by the Illinois Department of Health for Verification

of a Marriage Record. http://www.idph.state.il.us/vitalrecords/marriage/Pages/default.htm

For a non-refundable $5 fee (410 ILCS 530/3), facts of a marriage or civil union thattook place between 1962 and current index year may be available.

8. On January 10, 2016 I made application to the Illinois Department of Health, Division of

Vital Records, for Verification of a Marriage Record, verification of the Illinois Marriage Record

of Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown

spouse of Elizabeth Bauerle. My application appears at Exhibit 2.

9. Today January 11, 2016 the Illinois Department of Health, Division of Vital Records,

confirmed by email that my application meets its requirements. Exhibit 3.

10. The Illinois Department of Health, Division of Vital Records website shows “These orders

may take seven business days to process.” (fax). My application is shipping by UPS 3 Day Select

Service, and scheduled to arrive Thursday January 14, 2016 at the Division of Vital Records.

11. Processing time of seven business days would end on Wednesday, January 27, 2016. I

believe the verification is mailed, which will add several more days time until I get the


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Verification of a Marriage Record for the Illinois marriage of Elizabeth Bauerle, n.k.a. Elizabeth

Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle.

12. Once I get the Verification of a Marriage Record for the Illinois marriage of Elizabeth

Bauerle, n.k.a. Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of

Elizabeth Bauerle, I will have the information necessary to amend my 4 responses to the Plaintiff’s

Notice of Action to Foreclose I filed on January 8, 2016:

A. Plaintiff’s Notice of Action to Foreclose the UNKNOWN SETTLORSBENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT

DATED FEBRUARY 10, 1997.

B. Plaintiff’s Notice of Action to Foreclose the UNKNOWN SETTLORS

BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENTDATED FEBRUARY 10, 1997, 8092 SW 115TH LOOP, OCALA, FL 34481.

C. Plaintiff’s Notice of Action to Foreclose the UNKNOWN SPOUSE OFELIZABETH BAUERLE

D. Plaintiff’s Notice of Action to Foreclose the UNKNOWN SPOUSE OFELIZABETH BAUERLE, 6356 SW 106th Place, Ocala, Florida, 34476.

13. Given the foregoing, I expect to file 4 amended responses on or about February 1, 2016.

14. The Plaintiff filed on January 7, 2016 an improper Motion for Default. Plaintiff’s Motion

for Default is improper given I filed a DEFENDANTS’ MOTION TO EXTEND TIME TO

RESPOND to and including January 7, 2016. Exhibit 4.

15. The Plaintiff knowingly and wrongly filed this action as a “commercial foreclosure”

when in fact the Plaintiff and its counsel knows this is a residential foreclosure of my Florida

homestead. The Plaintiff has failed to comply with Florida Statutes Chapter 702, Foreclosure of

Mortgages and Statutory Liens, and section 702.015 Elements of complaint; lost, destroyed, or


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stolen note affidavit. The Plaintiff has failed to comply with Florida Rules of Civil Procedure,

Rule 1.115, Pleading Mortgage Foreclosures and subparts (a) through (e).

WHEREFORE, I respectfully move the Court to dismiss with prejudice Plaintiff’s entire

action. In the alternative, I move the Court to file 4 amended responses on or about February 1,

2016 once I get information from the Illinois Department of Health, Division of Vital Records,

the Verification of a Marriage Record for the Illinois marriage of Elizabeth Bauerle, n.k.a.

Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle.

RESPECTFULLY SUBMITTED January 11, 2016.

Neil J. Gillespie, individually, and former Trustee,F.S. Ch. 736 Part III, of the Terminated Trust8092 SW 115th LoopOcala, Florida 34481Phone: 352-854-7807Email: [email protected]

Service List January 11, 2016

I hereby certify the following names were served by email today January 11, 2016through the Florida Portal.

Neil J. Gillespie

Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA

McCalla 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]

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 1030


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P.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 34481Email: [email protected]

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living TrustAgreement dated February 10, 1997

8092 SW 115th LoopOcala, FL 34481Email: [email protected]

Email: [email protected]

Neil J. Gillespie Mark Gillespie8092 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 Gillespie

7504 Summer Meadows DriveFt. Worth, TX 76123Email: [email protected]

Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10, 19978092 SW 115th LoopOcala, FL 34481Email: [email protected]

Elizabeth Bauerle n/k/a Elizabeth Bidwood Unknown spouse of Elizabeth Bauerle

7504 Summer Meadow Drive 6356 SW 106th PlaceFt. Worth, TX 76123 Ocala, FL 34476Email: [email protected] Email: [email protected]


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Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAOTo requests by Neil J. Gillespie made under Illinois state law, theIllinois Freedom of Information Act, 5 ILCS 140/1 et seq., and the

Illinois law for marriage licenses (410 ILCS 535-Vital Records Act)

Exhibit 1. Nov-23-2015, email only of Rebecca Paul 1p (City St. Charles), Marriage Licenserecords are located at the Kane County Clerk's office (630-232-5950).

Exhibit 2. Dec-10-2015, SAO response by Joseph F. Lulves, US mail, 2 pages w/envelope,granted SAO FOIA #15-041, “We no documents responsive to your request. Wenote this office is not involved in the marriage process, and does not maintainthose types of records.”

Exhibit 3. Dec-16-2015, email only of Karen Muehlfelt 2p (City St. Charles) “...forwardingyour message to John A. Cunningham, Kane Co. Clerk who handles marriagerecords in Kane Co. I am also copying the County’s FOIA department as well...”

Exhibit 4. Dec-16-2015, email only of Kane County Clerk’s Office, Shauna Becker, FOIAOfficer [not Supervisor of Vital Records] re confusion with correct office. 1p

Exhibit 5. Dec-18-2015, emailed letter 4p of John A. Cunningham, Kane County Clerk, byShauna Becker FOIA Officer...request denied...Per 5 ILCS 140/7 Exemptions: (b) private information...reviewed and confirmed by Kane County State's Attorney'soffice vital records are not public record and contain private information...Youhave the right to [review] by the Public Access Counselor (PAC)...

Exhibit 6. Dec-22-2015, emailed letter of John A. Cunningham 2p, Kane County Clerk, by

Shauna Becker FOIA Officer...request granted, no records for Neil J. Gillespie.

Exhibit 7. Jan-06-2016, SAO email and attachment, 9 pages total. Got phone call from ASAJoseph Lulves says response was emailed Dec-24-15. Emailed again today, alsosending by US mail (not necessary). Request granted, docs attached are my docs.

Exhibit 8. Jan-08-2016, email 3.41pm 1p, letters Jan-08-16 & Dec-18-15 John Cunningham,Kane County Clerk, by Shauna Becker, FOIA Officer/Supervisor of Vital

Records, 6 pages total, includes a 1p Vital Record Certified Copy Request

Email Subject: “Kane County Clerk Response FOIA”. Black color email font. NOTE: Shauna Becker shows she is now Supervisor of Vital Records. “First, I am

responding to your inquiry regarding the FOIA you submitted on Dec. 23, 2015.We has already sent you a response to the same request on December 18, 2015.” NOTE: My FOIA Dec-23-15 is materially different than the FOIA Dec-18-15.Ms. Becker then described the wrong process to get a marriage verification.

Exhibit 9. Jan-08-2016, email 5.01pm 8p, letter in Free Opener (can’t open-print to PDF),of John Cunningham, Kane County Clerk, by Shauna Becker, FOIA Officer /Supervisor of Vital Records, 10 pages total; change in email font color to blue.

1

Filing # 36416149 E-Filed 01/11/2016 05:11:25 PM


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Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAOTo requests by Neil J. Gillespie made under Illinois state law

2

Email Subject: FW: Illinois Freedom of Information Act Request: FOIA request

for Kane County Illinois marriage record. Note: Free Opener letter not signed. NOTE: Shauna Becker shows she is now Supervisor of Vital Records.

Exhibit 10. Jan-09-2016, emailed letter 3p (Free Opener letter now in PDF) of John A.

Cunningham, Kane County Clerk, by Shauna Becker, FOIA Officer/Supervisor of Vital Records, change in email font color to blue. NOTE: Shauna Becker shows she is now Supervisor of Vital Records.

Exhibit 11. Jan-09-2016, received US mail postmarked Jan-06-16, letter from Kane County,Illinois ASA Joseph Lulves says response was emailed Dec-24-2015. Requestgranted, records provided are my records previously submitted.

---------------------------------------------

On January 8, 2016 Shauna Becker wrote:

“Please see below for the documentation required to obtain the marriage record per theIllinois Department of Public Health:

1. Full names of Bride and Groom2. Date of the marriage3. Marriage had to take place in Kane County4. $16.00 fee by check or money order payable to the Kane County Clerk 5. Completed Certificate Request Form (attached with this letter)6. Photocopy of your valid driver's license or state issued photo ID.

All of the above information is necessary and must be provided to our office, to obtainthe certified record. We do not provide facsimiles, photocopies or emails of any vitalrecords. Vital records are not obtainable through a Freedom of Information Act request.Marriage records are not public records.”

On information and belief, the forgoing by Ms. Becker is not appropriate to my situation becauseI do not have all the information requested. I do not know the date of the marriage. I am notcertain the marriage took place in Kane County. The $16.00 fee to Kane County is onerous whencompared to the $5.00 fee requested by the Illinois Department of Health for Verification of aMarriage Record. http://www.idph.state.il.us/vitalrecords/marriage/Pages/default.htm

For a non-refundable $5 fee (410 ILCS 530/3), facts of a marriage or civil union that took place between 1962 and current index year may be available.

It is unfortunate Ms. Becker did not initially provide the information I needed and available onthe Illinois Department of Health website for $5.00. Instead, Ms. Becker wanted a $16.00 fee for

Kane County for a process she could deny (and keep the $16?) because I do not know the date of the marriage, and I am not certain the marriage took place in Kane County. Likewise for ASAJoseph Lulves and SA Joseph McMahon. As attorneys, they know the law but remained silent.


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Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAOTo requests by Neil J. Gillespie made under Illinois state law

3

Note: MuckRock is a United States-based organization which assists anyone in filinggovernmental requests for information through the Freedom of Information Act.

MuckRock sent my FOIA to the wrong place, then got a wrong response from Ann Lambert,

FOIA Officer for the wrong place where MuckRock sent the FOIA. A second response from AnnLambert, 630-208-2162, shows this FOIA was not correctly submitted. MuckRock resubmitted the FOIA to the Kane County Clerk, but without my attachment. MuckRock later sent theattachment to the Kane County Clerk. I am not showing the misplaced MuckRock FOIA heresince it already contains the FOIA records sent to the Kane County Clerk, and will only confusemy FOIA to the Kane County Clerk. I closed the MuckRock FOIA without getting records. KaneCounty says the records are not FOIA records, but available under another process.


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Neil Gillespie

From: "Paul, Rebecca" To: Cc: "Muehlfelt, Karen" Sent: Monday, November 23, 2015 4:00 PMSubject: RE: [general inquiries] public records

Page 1 of 1

1/10/2016

Hi Neil,

Thank you very much for your inquiry.

Marriage License records are located at the Kane County Clerk's office (630-232-5950).

http://www.co.kane.il.us/coc/Records/Marriage/marriagelicense.asp

Thank you,Rebecca

Rebecca Paul

[email protected] | phone:630.377.4400

www.stcharlesil.gov

-----Original Message-----

From: [email protected] [mailto:[email protected]] On Behalf [email protected] Sent: Monday, November 23, 2015 2:47 PMTo: INFOSubject: [general inquiries] public records

Neil Gillespie sent a message using the contact form at http://www.stcharlesil.gov/contact.

This is a request for public records, the marriage record of Elizabeth Bauerle and Scott Bidgood, whichmarriage occurred sometime after March 11, 2010, the date of Mr. Bidgood’s voluntary petition forchapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).The address shown is 34w584 Illinois St., Saint Charles, IL 60174.

I need a copy of the marriage record, license or certificate for a legal matter in the State of Florida. Timeis of the essence. Thank you.

Report as inappropriate:http://www.stcharlesil.gov/mollom/report/mollom_captcha/151123f7fd34a09be3-

1


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Office of the Kane County State's Attorney

JOSEPH

H.

MCMAHON

State's Attorney

Kane County Courthouse

Civil Division:

100 South Third Street, 4

t

Floor

(630) 208-5320

Geneva, Illinois 60134

December 10,2015

Neil

J

Gillespie

8092 SW 115

th

Loop

Ocala, Florida 34481

Re: Freedom of Information Act request received December 9, 2015

SAO FOIA #15-041

Dear Mr. Gillespie:

Thank you for writing to the Kane County State's

Attorney

with your request for

information pursuant

to

the

Illinois

Freedom

of

Information

Act, 5 ILCS 140/1 et

seq.

On December 10, 2015, you requested

the

following documents:

The

marriage

record of

Elizabeth

Bauerle

and Scott

Bidgood.

Your request is

granted.

We have no documents responsive to your

request.

We note this office is not involved in the marriage process, and does not maintain

those types of records.

IToseph F. Lulves

Assistant

State's Attorney

FOIA Officer

Contact Information Above

2


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13/69

Neil Gillespie

From: "Muehlfelt, Karen" To: "Neil Gillespie" ; ;

Cc: "Paul, Rebecca" Sent: Wednesday, December 16, 2015 10:10 AMSubject: RE: Clerk John Cunningham, Re Freedom of Information Act Request OF NEIL J GILLESPIE Dec-

15-2015

Page 1 of 2

1/10/2016

Dear Mr. Gillespie –

By way of this email, I am including and forwarding your message to John A. Cunningham,

Kane Co. Clerk who handles marriage records in Kane Co.

I am also copying the County’s

FOIA department as well.

Its appears the email address you have for John Cunningham is incorrect and I am not sure he

has received any prior correspondence you have sent to him concerning this issue.

Both Rebecca Paul and myself are employees (Receptionists) of the City of St. Charles and arein no way tied to the affairs of the Kane County Clerk’s office. Please remove us from this

email thread from this point forward.

Sincerely,

Karen Muehlfelt

From: Neil Gillespie [mailto:[email protected]]

Sent: Tuesday, December 15, 2015 11:05 PMTo: Muehlfelt, Karen; Paul, RebeccaCc: Neil GillespieSubject: Fw: Clerk John Cunningham, Re Freedom of Information Act Request OF NEIL J GILLESPIE Dec-15-2015

Ms. Muehlfelt and Ms. Paul: Please acknowledge this FOIA sent yesterday. When can I expect aresponse?

----- Original Message -----

aren uehlfelt|Receptionist 2E.MainStreet,St.Charles,IL60174-1984phone:630.377.4400|fax:630.443.4638|www.stcharlesil.gov [email protected] _________________________________CITY OF ST CHARLES, ILLINOIS

3


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From: Neil Gillespie To: John Cunningham ; Karen Muehlfelt ; Rebecca Paul Cc: Neil Gillespie Sent: Tuesday, December 15, 2015 4:16 AM Subject: TO: Clerk John Cunningham, Re Freedom of Information Act Request OF NEIL J GILLESPIE Dec-15-2015

VIA Email: Rebecca Paul, [email protected] VIA Email: Karen Muehlfelt, [email protected]

John A. Cunningham, Kane County ClerkKane County Clerk, Illinois

Re: Freedom of Information Act Request

Dear John A. Cunningham, Kane County Clerk:

Please find attached to this email letter my Freedom of Information Act Request, and:

1. Notice of Defendants Consent to Judgment Case No. 2013-CA-00115, Marion County, FL2. US BK Court-NorthernDivIL_10-10313 Scott Allen Bidgood, DOCKET3. Chapter 7 BK, Doc 3 statement of income Scott Allen Bidgood UNMARRIED page24. Discharge of Debtor Scott Allen Bidgood Doc 15 Chapter 7 US BK Court Case 10-10313

My Statement of Purpose for waiver of FOIA fees:

Request the marriage record of Elizabeth Bauerle and Scott Bidgood for use in the state of Florida,wrongful HECM reverse mortgage foreclosure of my home, Case No. 2013-CA-00115, Marion County,Florida. Elizabeth Bauerle, N.K.A. Elizabeth Bidgood, gave Notice of Consent to Judgment July 8,2013. The issue is any residual interest of Mr. Bidgood in the case. The marriage occurred sometimeafter March 11, 2010, the date of Mr. Bidgood’s voluntary petition for chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago). Mr. Bidgood’s address is shownas 34w584 Illinois St., Saint Charles, IL 60174. I am appearing pro se, a disabled, indigent/insolventnon-lawyer, unable to obtain adequate counsel, a vulnerable adult, and a consumer of legal and courtservices affecting interstate commerce. I am making this request as an attorney in fact. Sperry v. Florida,373 U.S. 379 (1963).

Thank you for the courtesy of a response.

Sincerely,

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

Page 2 of 2

1/10/2016


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Neil Gillespie

From: "Becker, Shauna" To: "Neil Gillespie" Sent: Wednesday, December 16, 2015 5:09 PMSubject: RE: FOIA Request

Page 1 of 1

1/10/2016

Good Afternoon Mr. Gillespie,

I wanted to let you know that we have received your FOIA request, as I understand there wassome confusion as to the correct office to send it to.

I have received it, and we are reviewing

your request. I will get back to you within the 5 days allowed under FOIA.

Thank you for your patience,

Sincerely,

Shauna Becker

FOIA Officer

Kane County Clerk’s Office

719 S. Batavia Ave.

Geneva IL

60134 630-232-5954

[email protected]

From: Neil Gillespie [mailto:[email protected]]Sent: Tuesday, December 15, 2015 11:36 PM

To: County_Clerk_FoiaCc: Neil Gillespie

Subject: FOIA Request

4


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Neil Gillespie

From: "Becker, Shauna" To: Cc: "Becker, Shauna" ; "Emerson, John" ;

"Esquivel, Raymond" Sent: Friday, December 18, 2015 3:28 PM

Attach: SKMBT_C65015121815070.pdf Subject: Kane County Clerk's FOIA Response

Page 1 of 1

12/19/2015

Good Afternoon,

Please see the attached document pertinent to your FOIA request with the Kane County

Clerk’s Office on December 15, 2015.

Sincerely,

Shauna Becker

FOIA Officer


719 S. Batavia Ave. Geneva, IL 60134

630-232-5954

[email protected]

5


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COUNTY OF KANE

Vital

Records

Department

ohn A Cunningham

Phone:

630)

232-5950

NE

COUNTY CLERK

FAX: 630) 232-5866

19 S. Batavia Ave.

Website: www.co.kane.il.us

eneva, Illinois 60134

December 18, 2015

Mr. Neil Gillespie

8092

SW

11S

th

Loop

Ocala,

Fl

34481

Re: FOIA Request

of

December 15, 2015 to the Kane County Clerkls Office

Dear

Mr. Gillespje,

Thank you for writing

to

the Kane County Clerk with your request for information pursuant

to

the Illinois Freedom

of

Information Act,

51LCS

140/1

et

seq.

On

December 15, 2015

1

you requested the following document:

1.

Marriage record of Elizabeth Bauerle and Scott Bidgood for use in a legal matter in the state of Florida.

Your request is denied for the following reason: Per 5 ILCS 140/7 Exemptions: (b) private information, unless

disclosure

is

required by another provision

of

this Act, a state or federal law or a court order.

This

request was reviewed and confirmed by the

Kane

County State s Attorney s office

that

vital records are not

public record and contain private information.

As

such they are not subject

to or

obtainable under

FOIA.

If

these

documents are required

for

a legal action a subpoena or other form of court order is the appropriate way for

you

to obtain the document that you are in need of.

You

have

the right to have the denial of your request reviewed by the Public

Access

Counselor

PAC)

at the Office

of the Illinois Attorney General. SILCS 140/9.S(a).

You can

file your Request for Review with the PAC

by

writing

to:

Public

Access

Counselor

Office

of

the Attorney General

500 South 2

nd

Street

Springfield,

I l

62706

Fax:

217-782-1396

E-mail; [email protected]

You also

have

the right

to

seek judicial review of your denial by filing a lawsuit in the State circuit court.

SJL S

140/11.

If you choose to file a Request

for

Review with the

PAC,

you must do so within 60 calendar days of the date

of

this

denial letter. 5 ILCS 140/9.5(a) Please note that you must include a copy of your original

FOIA

request and this

denial letter when filing a request for Review with the PAC.


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Also please note

that

the date

of

your request with our office w s December 15, 2015.

We

have 5 business days

in which to respond to your request, and the counting

of

the first day began on December 16.

So

today

is

day

three, and we have responded to your request within the time allowed under FOIA I wanted to be sure th t you

knew that

we

were responding within the appropriate period of time. The request

that

you fiJed

with

the State s

Attorney s office does not apply

to

our office, since they were two separate

requests

and two different offices.

f you have

further

questions, please call our office at 630-232-5950.

Sincerely,

Shauna Becker

FOIA

Officer

Kane County Clerk s Office

719 S

Batavia Ave.

Geneva, IL 60134

630-232-5950

[email protected]


19/69

TO: John A

Cunningham, Kane County Clerk

Kane County Clerk s Office

Kane County, Illinois

Re:

Freedom

of

Information Act Request

FREEDOM

OF

INFORMATION

ACT

REQUEST

Date

Requested:

T i l I 5 / 2 o ~ 1

L,_m _

Request

Submitted Via;

@

E-mail

o

U.S. Mail

o Fax

o

JnPerson

Requestor s Name:Neil J Gillespie

Street Address: 8092 SW

115th Loop

City/State/County/Zip: Ocala/Florida/Marion

ounty/34481

n e i l g i l l e 5 p i e @ m ~ n e t

E-mail Address:

Phone No.:

352-854-7807

RECEIVED

ntC 15 2015

Fax

No.:

nfa

RECORDS

REOUESTED:

KANE

COUNTY

CLERK

Marriage record

of

Elizabeth Bauerle and Scott Bidgood

for use

in a legal matter in the state of Florida, the

wrongful

HECM

reverse mortgage foreclosure

of

my home, Case No.

2013-eA-OOll

5, Marion

County.

Florida.

Elizabeth

Bauerle, N.KA. Elizabeth Bidgood, gave Notice of Consent to

Judgment July 8,

2013. The

issue is any residual interest of Mr. Bidgood in the case.

The

marriage occurred sometime afterMarch 11,

2010,

the date of Mr. Bidgood s voluntary petition for chapter 7 bankruptcy, Case 10..10313, U.S.

Bankruptcy Court, Northern District of Illinois Chicago).

Mr.

Bidgood s

address

is

shown as 34wS84

Illinois

St., Saint Charles, IL 60174. I am appearing pro se, a disabled, indigent/insolvent non-lawyer, unable to

obtain adequate counsel, a vulnerable adult, and a consumer of egal

and

court services affecting

interstate commerce. I am making this request as an attorney in fact. Sperry v. Florida, 373 U.S. 379 1963).

Do

you

want copies of the documents?

@Yes

ONo

o

Paper

Copies

lZJ Electronic Copies (specify format PDF

Digitally signed by Neil J Gillespie

DN:

cn=Neil J Gillespie, 0 OU,

Neil

J

Gillespie

[email protected], c=US

Date: 2015.12.15 04:05:00 -05

1

00

Requestor: Neil J Gillespie

This request is not for a Commercial Purpose.

I am requesting a fee waiver, see attached letter/statement


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Neil Gillespie

From: "Becker, Shauna" To: Cc: "Becker, Shauna" Sent: Tuesday, December 22, 2015 5:17 PM

Attach: SKMBT_C65015122217010.pdf Subject: Kane County Clerk FOIA Response

Page 1 of 1

1/10/2016

Please see attached document pertinent to your FOIA request of December 21, 2015.

Sincerely

Shauna Becker

FOIA Officer


719 S. Batavia Ave.

Geneva, IL 60134

630-232-5950

[email protected]

6


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22/69

Neil Gillespie

From: "SAO FOIA" To: "Neil Gillespie" Sent: Wednesday, January 06, 2016 9:51 AM

Attach: Response Gillespie 122415.pdf Subject: RE: Violation of FOIA submitted December 21, 2015

Page 1 of 1

1/6/2016

We sent the attached response to you via email on December 24, 2015. We are also putting it in the U.S.Mail today.

________________________________From: Neil Gillespie [[email protected]]Sent: Tuesday, January 05, 2016 4:25 PMTo: SAO FOIA; Joseph McMahon, Kane County State's AttorneyCc: Neil GillespieSubject: Violation of FOIA submitted December 21, 2015

VIA Email: [email protected]://saopublic.co.kane.il.us/Pages/Foia.aspx

State's Attorney's Office FOIA RequestFOIA Officer: Assistant State's Attorney Joseph F. Lulves

Joseph McMahon, Kane County State’s AttorneyVIA Email: [email protected]


As of today your office has not responded to my FOIA submitted December 21, 2015, forwarded below.The due date to respond to my FOIA was Tuesday, December 29, 2015. Provide a response and therecords immediately.

Sincerely,


----- Original Message -----From: Neil Gillespie

To: [email protected]: Monday, December 21, 2015 11:09 AMSubject: Freedom of Information Act Request Form - SAO 12-21-2015

7


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Neil Gillespie

From: "Becker, Shauna" To: Cc: "Becker, Shauna" ; "Emerson, John" ;

"Esquivel, Raymond" ; "Lulves, Joseph"

Sent: Friday, January 08, 2016 3:41 PM Attach: SKMBT_C65016010815170.pdf Subject: Kane County Clerk Response FOIA

Page 1 of 1

1/8/2016

Good Afternoon,

Please see the attached regarding your FOIA request with the Kane County Clerk’s Office.

Please note that I will be out of the office starting Jan. 11, 2016 returning on Jan. 19, 2016.

Sincerely,

Shauna Becker

FOIA Officer/Supervisor of Vital Records

Kane County Clerk’s Office719 S. Batavia Ave.

Geneva, IL 60134

630-232-5950

[email protected]

8


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Neil Gillespie

From: "Becker, Shauna" To: Cc: "Lulves, Joseph" ; "Emerson, John" ;

"Esquivel, Raymond" Sent: Friday, January 08, 2016 5:00 PM

Attach: 2013 Letterhead.docxSubject: FW: Illinois Freedom of Information Act Request: FOIA request for Kane County Illinois marriage

record

Page 1 of 8

1/10/2016

Mr. Gillespie,

Please see the attachment regarding the December 23, 2015 FOIA.

Vital records are not

obtainable under FOIA. Please see the attached letter that I sent you a short time ago.

Thank you,

Shauna Becker

FOIA Officer


From: [email protected] [mailto:[email protected]]

Sent: Friday, January 08, 2016 3:55 PMTo: County_Clerk_Foia

Subject: RE: Illinois Freedom of Information Act Request: FOIA request for Kane County Illinois marriage record

January 8, 2016Kane County Clerk of Court John A. CunninghamKane County Circuit Court Clerk

ATTN: Freedom of Information Officer540 S Randall Rd., St. Charles, IL, 60174

This is a follow up to a previous request:

This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr.Bidgood’s address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition forchapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).

I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the Commerce

Clause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under theEqual Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I amalso making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, asset forth below.

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is unconstitutional under the Equal ProtectionClause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person withinits jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause

9


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Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required bythis act, and activities related thereto, including the tabulation, analysis, and publication of data obtainedfrom vital records. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html

Chapter 382 Florida Statutes, Vital Statistics http://www.leg.state.fl.us/statutes/index.cfm?

App_mode=Display_Statute&URL=0300-0399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382

382.003 Powers and duties of the department382.004 Reproduction and destruction of records382.005 Duties of local registrars382.021 Department to receive marriage licenses382.025 Certified copies of vital records; confidentiality; research(2) OTHER RECORDS.—(a) The department shall authorize the issuance of a certified copy of all or part of any marriage,dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidential

and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting itupon receipt of a request and payment of the fee prescribed by this section.Florida Department of Health website,

Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record priorto June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued.Beginning in 1972, the application to marry section was incorporated with the front of the marriagerecord. The application to marry may be available from the Clerk of Court for events prior to 1972.

The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification ofthe same record when ordered at the same time. No restrictions exist for ordering these records.

http://www.floridahealth.gov/certificates/certificates/marriage/index.html

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is also unconstitutional under the SupremacyClause, and the federal FOIA, 5 U.S. Code § 552, that does not provide for an exemption under 5 ILCS140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "thesupreme law of the land". It provides that these are the highest form of law in the U.S. legal system, andmandates that all state judges must follow federal law when a conflict arises between federal law andeither the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause

My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact formatters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).

Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY

Sincerely,

Neil J. Gillespie8092 SW 115th Loop

Page 2 of 8

1/10/2016


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Ocala, Florida 34481Tel. 352-854-7807Email: [email protected] Jan. 8, 2016:Hello Ms. Lambert,

Thank you for your message. This request was inappropriately directed to your office. It is beingresubmitted to [email protected]. Please let us know if it should be directed elsewhere.

Thank you for your help and patience.---On Jan. 8, 2016:The request you made was to the County Clerk as they handle the marriage certificates. Is theresomething you are looking for from the Circuit Clerk’s office? Our court files are public record unlessimpounded or restricted by statute.

Ann Lambert

630-208-2162---On Jan. 6, 2016:To Whom It May Concern:

Please find attached additional material regarding this public records request.

Thank you.---On Jan. 6, 2016:To Whom It May Concern:

The public records request copied below is being forwarded to your office for processing. Confirmationof receipt and an estimated date of completion would be greatly appreciated.

Thank you.

_______________

VIA Email: [email protected] of Information Act (FOIA) Officers:Shauna Becker, John Emerson Jr., Raymond Esquivel

John A. CunninghamKane County ClerkFOIA Request719 S Batavia Ave, Bldg BGeneva, IL 60134Cc: Joseph McMahon, Kane County State’s Attorney, [email protected]


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Please find attached to this email my Freedom of Information Act Request.

This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr.Bidgood’s address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition forchapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).

I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373

U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the CommerceClause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under theEqual Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I amalso making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, asset forth below.

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is unconstitutional under the Equal ProtectionClause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person withinits jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause

Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required bythis act, and activities related thereto, including the tabulation, analysis, and publication of data obtainedfrom vital records. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html

Chapter 382 Florida Statutes, Vital Statistics http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382

382.003 Powers and duties of the department382.004 Reproduction and destruction of records382.005 Duties of local registrars382.021 Department to receive marriage licenses382.025 Certified copies of vital records; confidentiality; research(2) OTHER RECORDS.—(a) The department shall authorize the issuance of a certified copy of all or part of any marriage,dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidentialand exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting itupon receipt of a request and payment of the fee prescribed by this section.Florida Department of Health website,

Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record priorto June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued.Beginning in 1972, the application to marry section was incorporated with the front of the marriagerecord. The application to marry may be available from the Clerk of Court for events prior to 1972.



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The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is also unconstitutional under the SupremacyClause, and the federal FOIA, 5 U.S. Code § 552, that does not provide for an exemption under 5 ILCS140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "thesupreme law of the land". It provides that these are the highest form of law in the U.S. legal system, andmandates that all state judges must follow federal law when a conflict arises between federal law and

either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause



Sincerely,

Neil J. Gillespie8092 SW 115th Loop

Ocala, Florida 34481Tel. 352-854-7807Email: [email protected] Jan. 4, 2016:Mr. Gillespie,

The below request came into our Research email and I’m not sure what you are looking for from ouroffice. Your request was regarding a marriage record and those are not under the control of the CircuitClerk’s Office.

In Illinois the Freedom of Information Act only applies to the Legislative and Executive branches ofgovernment and does not apply to the judicial branch. 5 ILCS 140/2(a).

The courts have expressly held circuit clerks are not subject to the FOIA. Newman v. Brown, 394Ill.App.3d 602 (2009)(Non-judicial circuit court clerk component of the judicial branch not subject tothe FOIA). Therefore your request to this office is denied.

Ann LambertFOIA Officer---On Dec. 30, 2015:To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 to 11), I hereby request the followingrecords:

VIA Email: [email protected] of Information Act (FOIA) Officers:Shauna Becker, John Emerson Jr., Raymond Esquivel

John A. Cunningham

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to June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued.Beginning in 1972, the application to marry section was incorporated with the front of the marriagerecord. The application to marry may be available from the Clerk of Court for events prior to 1972.



The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is also unconstitutional under the SupremacyClause, and the federal FOIA, 5 U.S. Code § 552, that does not provide for an exemption under 5 ILCS140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "thesupreme law of the land". It provides that these are the highest form of law in the U.S. legal system, andmandates that all state judges must follow federal law when a conflict arises between federal law andeither the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause



Sincerely,


The requested documents will be made available to the general public, and this request is not beingmade for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges inadvance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment ifavailable or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving yourresponse to this request within 5 business days, as the statute requires.

Sincerely,

Neil Gillespie

Filed via MuckRock.comE-mail (Preferred): [email protected]

For mailed responses, please address (see note):MuckRock

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DEPT MR 23070PO Box 55819Boston, MA 02205-5819

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent throughMuckRock by the above in order to better track, share, and manage public records requests. Also notethat improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the

department number) requests might be returned as undeliverable.

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COUNTY O KANE

John A unninaham

Vital Records Department

KANE COUNTY CLERK'

Phone: (630)232-5950

7 9 S Batavia Ave.

FAX: (630) 232-5866


Website: www.co.kane.iI.us

January 8, 2016

Mr. Neil Gillespie

8092 SW

115

th

Loop

Ocala, FL 34481

Re:

Marriage Record for Elizabeth Bauerle and Scott Bidgood

Dear Mr. Gillespie:

Thank you for your phone call today. As I mentioned I was working with our State's Attorney's Office and I

received a call and am now responding and offering you some options on how to obtain the record you are in need

of.

First, I am responding to your inquiry regarding the FOIA you submitted on Dec. 23, 2015. We had already sent

you a response to the same request on December 18,2015. I apologize

if

you did not receive our first response, so I

have attached the first response that was sent to you regarding a marriage record for Elizabeth Bauerle and Scott

Bidgood.

As I mentioned

in

my first response and also confirmed with our Kane County State's Attorney's Office in the

letter I have attached, vital records in the State

of

Illinois are not obtainable under the Freedom

of

Information Act.

Also, we do not email Vital Records. We can only provide certified legal copies which bear the raised county

embossed seal. The fee for this record is $16.00. You can obtain this record by providing the proper

documentation.

Please see below for the documentation required to obtain the marriage record per the Illinois Department of

Public Health:

1

Full names

of

Bride and Groom

2

Date

of

the marriage

3. Marriage had to take place in Kane County

4. $16.00 fee by check or money order payable to the Kane County Clerk

5

Completed Certificate Request Form (attached with this letter)

6

Photocopy

of

your valid driver 's license or state issued photo ID.

All of the above information is necessary and must be provided to our office, to obtain the certified record. We do

not provide facsimiles, photocopies or emails ofany vital records. Vital records are not obtainable through a

Freedom

of

Information Act request. Marriage records are not public records.

If you do not wish to obtain the record in the manner I have mentioned above, then you may submit to our office a

subpoena OR a court order signed by ajudge ordering the Kane County Clerk to provide at no charge/or to sell you

the marriage record.

I hope this information is informative and will help you better understand what is required to obtain this record.

If

you provide one of these options we will be happy to provide you with the record. Please note that the information


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that s required so that we can fill your request n a timely manner and you can receive the record as soon as

possible.

Sincerely,

Shauna Becker

FOIA Officer/Supervisor o Vital Records- Kane County Clerk s Office


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Neil Gillespie

From: "Becker, Shauna" To: Cc: "Lulves, Joseph" ; "Emerson, John" ;

"Esquivel, Raymond" ; "Tague, Ayesha"

Sent: Saturday, January 09, 2016 1:39 PM Attach: SKMBT_C65016010913210.pdf Subject: Kane County Clerk's Office Response

Page 1 of 1

1/10/2016

Good Afternoon Mr. Gillespie,

Please see the attached letter that I sent to you yesterday, but you were unable to open.

I

apologize for the difficulty.

Please read my letter carefully, as I am trying to assist you so that you can obtain the

document in a different manner other than a FOIA.

As I stated, I will be out of the office this next week, but I will be checking my emails should

you have any further inquiries.

Thank you,

Sincerely,

Shauna Becker

FOIA Officer/Supervisor Vital Records

719 S. Batavia Ave.

Geneva, IL 60134

[email protected]

10


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Officeofthe

Kane

CountyState's Attorney

JOSEPH

H.

MCMAHON

State'sAttorney

KaneCountyCourthouse

CivilDivision:

100SouthThirdStreet,4

t

Floor

(630)208-5320

Geneva,Illinois60134

December24,2015

Neil

J. Gillespie

8 92 s r 115

th

Loop

Ocala,

Florida

34481

Sent Via

Email

to:[email protected]

Re: Freedomof

Information

Act

request

receivedDecember

21,2015

SAOFOIA

#15-041

Dear Mr. Gillespie:

Thank you for

writing

to the Kane County

State's Attorney with

your

request

for

information pursuant

to the Illinois Freedom of

Information

Act,

5

ILCS

140/1 et

seq.

On December21,2015,you

requested

the followingdocuments:

AllrecordsconcerningyoufromNovember15,2015through December21,2015.

Your request

is

granted.

Documents attached.

Joseph

F.Lulves

Assistant State's

Attorney

FOIAOfficer

Contact

Information

Above

Enc.

11


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Office of the Kane

County

State's

Attorney

Kane County Courthouse

Civil Division:

100

South Third Street, 4

t

FLoor

(630) 208-5320


December 10,2015

Neil

J

Gillespie

8092

SW

115

th

Loop

Ocala,

Florida

34481

Re:

Freedom

of Info.rmation Act request received December .9 2015

SAO

FOIA

#15-041

Dear Mr. Gillespie:

Thank you

for

writing

to the

Kane County State's Attorney with

your

request

for

information pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et

seq.

On December 10, 2015, you

requested

the following documents:

The marriage record of Elizabeth Bauerle

and

Scott Bidgood.

Your request is granted.

We have no documents responsive to your request.

We note

this

office is not involved

in

the marriage process,

and

does not maintain

those

types

of records.

~ o s p

F. Lulves

Assistant

State's

Attorney

FOIA

Officer

Contact

Informat ion Above


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Ocala Florida 34481

Tel.

352 854 7807


2


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VIA EInail: [email protected]

December 10 2015

http://saopublic.co.kane. iI uslPages/F

0 ia.

aspx

State's Attorney's Office FOIA Request

FOIA Officer: Assistant State's Attorney Joseph F. Lulves

Re:

Freedom

of

Information Act Request

Dear Assistant State's Attorney Lulves,

Please find attached to this email letter

my

Freedom

of

Information Act Request, and:

1.

Kane County State's Attorney's Office Freedom of Information Act Request Form-Completed

2. Notice of Defendants Consent

to

Judgment Case No. 2013-CA-OOI15, Marion County,

FL

3. US BK Court-NorthemDivIL_10-10313 Scott Allen Bidgood, DOCKET

4. Chapter 7 BK Doc 3 statement of income Scott Allen Bidgood UNMARRIED page2

5.

Discharge

of

Debtor Scott Allen Bidgood Doc

15

Chapter 7 US BK Court Case 10-10313

My Statement

of

Purpose for waiver of FOIA fees:

Request the marriage record

of

Elizabeth Bauerle and Scott Bidgood for use

in

the state

of

Florida, wrongful HECM reverse mortgage foreclosure

of my

home, Case No. 2013-CA-00115,

Marion County, Florida. Elizabeth Bauerle, N.K.A. Elizabeth Bidgood, gave Notice of Consent

to Judgment July 8 2013. The issue is any residual interest of Mr. Bidgood

in

the case. The

marriage occurred sometime after March 11,2010, the date ofMr. Bidgood's voluntary petition

for chapter 7 bankruptcy, Case 10-10313,

U.S.

Bankruptcy Court, Northern District

of

Illinois

(Chicago). Mr. Bidgood's address

is

shown as 34w584 Illinois St., Saint Charles, IL 60174. I am

appearing pro se, 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. I am

making this request as an attorney

in

fact. Sperry

v.

Florida, 373

U.S.

379

(1963).

Thank you for the courtesy

of

a response.

Sincerely,

Digitally signed y Neil JGillespie

·

J

·

p. a"

ON:

cn=Neil JGillespie,

0

OU,

N

e

emaiJ=neilgillespie@mfLnet, c=US

'

Date: 2015.12.10 00:35:33 -05'00'

Neil J. Gillespie

8092

SW 11

5th Loop


Tel. 352-854-7807



55/69

·

,

Kane County

t a t ~ s

Attorney's Office

.

A { ~ ~ : ~ ~ ~ ~

.q'S f,ttl .

~ ~ :

~ C · >

-

..

\

w

, .

- ~ ~ _ : . . -


56/69

, I I ,

o

IN

THE

\

FIFfH

( 'I

Electronically Filed 07 08 2013 07:33:04 PM

ET

CIRCUIT COURT OF THE

JUDICIAL CIRCUIT OF

FLORIDA

IN

AND MARION COUNTY

GENERAL JURISDICTION DMSION

REVERSE MORTGAGE SOLUTIONS, INC., Case No.:

2013·CA·OOOl15

Plaintiff,

v

MARK GILLESPIE, e t

al.,

Defendants.

NOTICE OF DEFENDANTS' CONSENT TO JUDGMENT

Defendants, MARK GILLESPIE and

JOETIA GILLESPIE

AKA UNKNOWN SPOUSE

OF

MARK

GILLESPIE and

ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD

(hereinafter,

the

Defendants ),

file this

Notice o Defendant's Consent

to

Judgment:

1.

The Defendants,

MARK

GILLESPIE

and

JOETTA GILLESPIE

AKA

Q

UNKNOWN SPOUSE

OF MARK

GILLESPIE and ELIZABETH BAUERLE

NKA

d

ELIZABETH

BIDGOOD,

have

been named as

Defendants

in

this action.

2.

Plaintiff is seeking to recover the property located at 8092

SW

11Sth Loop,

Ocala,

FL 34481 based

on an Uevent

of default under the tenns of the Adjustable Rate Note

(Home Equity Conversion)

alkJa

reverse mortgage .

3. Because this is a reverse mortgage, the Defendants have

no

financial liability

under

the

tenns 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

_ _ _ __ - _._ _

_ _.

__

_ _


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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 St. Orlando FL 32801

[email protected]; via

[xl

Email Delivery today July 5 2013.

KAUFMAN, ENGLETT LYND,

PLLC

ls

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

JOETIA GILLESPIE AKA

UNKNOWN

SPOUSE OF

MARK GILLESPIE

KEL File

13LAW34876


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59/69

VIA UPS No. 1Z64589FP196987064 January 10, 2016

Illinois Department of Public HealthDivision of Vital Records925 E. Ridgely Ave.

Springfield, IL 62702-2737

This is a request for a marriage verification. “Verifications cost $5”

Enclosed you will find my Application For Verification of Marriage/Civil Union Record Files.Marriage Verification, Search of record indexes to verify that marriage occurred, $5 for eachcopy http://www.idph.state.il.us/vitalrecords/Pages/fees.htm

Enclosed is my $5 fee for the verification cost, an Amscot International Money Order made payable to the "Illinois Department of Public Health".

Below is a legible image of my “Valid Government Issued Photo Identification”, myFlorida Driver License Class E, # G421-630-56-099-0, for Neil Joseph Gillespie,8092 SW 115th Loop, Ocala, Florida 34481. Expires March 19, 2018.

Thank you for the courtesy of a response. Please respond by email if possible.

Sincerely,


2

Filing # 36416149 E-Filed 01/11/2016 05:11:25 PM


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The Money

u p r s t o r ~

• • • • • • • I : . • ••

PAY

TO THE

ORDER OF

l

AMSCOT

CORPORATION

P.O.

BOX 25137

TAMPA

FL

33622-5137

FIVE

AN00 0/100boCLARS\ . }

21:64657763 NOT V LID FOR ~ O I i 'tHAN ON THOUS ND FIVE· HUNDRED DOLL R S ($1500)'. . •

t f i : ~ ; ~ ~ ~ ~ c F i r s t AMSCOT CORPO¢tAT O N .

PURCH SER ND PAYEE RE SUBjECT TO T;';E SERVICE CHARGIi ND OTHER TERMS

ON

THE REVER


62/69


63/69

Neil Gillespie

From: "DPH.Vitals" To: Sent: Monday, January 11, 2016 2:47 PMSubject: FW: Verification of a Marriage Record

Page 1 of 1

1/11/2016

Mr. Gillespie,

Yes, the application and documents do meet the requirements.

Thank you.

From: Neil Gillespie [mailto:[email protected]]Sent: Monday, January 11, 2016 1:21 AM

To: DPH.VitalsSubject: Verification of a Marriage Record

Illinois Department of Public HealthDivision of Vital Records

Hello, can you tell me if the attached request for Verification of a Marriage Record meets therequirements of theDivision of Vital Records, before I send the paper documents and money order by UPS? Thank you.

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

3

Filing # 36416149 E-Filed 01/11/2016 05:11:25 PM


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THIS IS NOT A COMMERCIAL FORCLOSURE IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT FLORIDA

IN AND FOR MARION COUNTY

REVERSE MORTGAGE SOLUTIONS, INC.,

CASE NO.: 2013-CA-000115

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

vs. Residential HECM Foreclosure Case

Florida Homestead of Neil J. Gillespie

NEIL J. GILLESPIE AND MARK GILLESPIE

AS CO-TRUSTEES OF THE GILLESPIE

FAMILY LIVING TRUST AGREEMENT

DATED FEBRUARY 10, 1997, ET AL.

Defendants.

________________________________________/

DEFENDANTS’ MOTION TO EXTEND TIME TO RESPOND

Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C)

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”), is 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 moves to extend

time to respond, Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C), and states:

1. I move for an extension of time under Fla.R.Civ.Pro. 1.090(b)(1) to file responses to,

A. Plaintiff’s Notice of Action to the UNKNOWN SETTLORS BENEFICIARIES

OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY

10, 1997.

B. Plaintiff’s Notice of Action to the UNKNOWN SETTLORS BENEFICIARIES

OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY

10, 1997, 8092 SW 115TH LOOP, OCALA, FL 34481.

C. Plaintiff’s Notice of Action to the UNKNOWN SPOUSE OF ELIZABETH

BAUERLE

Filing # 35941683 E-Filed 12/28/2015 03:45:12 PM

4

Filing # 36416149 E-Filed 01/11/2016 05:11:25 PM


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DEFENDANTS’ MOTION TO EXTEND TIME TO RESPOND December 28, 2015


2

D. Plaintiff’s Notice of Action to the UNKNOWN SPOUSE OF ELIZABETH

BAUERLE, 6356 SW 106th Place, Ocala, Florida, 34476.

E. Any other outstanding pleadings that require a response by a defendant.

2. A response is due on the Plaintiff’s four (4) Notice of Action(s) described in paragraph 1

on or before 30 days from first publication, November 26, 2015, which is today December 28,

2015, as calculated under Fla.R.Jud.Admin. 2.514(a)(1)(C).

RULE 2.514. COMPUTING AND EXTENDING TIME

(a) Computing Time. The following rules apply in computing time periods specified in

any rule of procedure, local rule, court order, or statute that does not specify a method of computing time.

(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer

unit of time

(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal

holiday, or falls within any period of time extended through an order of the chief justice

under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to

run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does

not fall within any period of time extended through an order of the chief justice.

30 days from first publication on November 26, 2015 is Saturday December 26, 2015. Under

Fla.R.Jud.Admin. 2.514(a)(1)(C) because the last day is a Saturday, the period continues to run

until the end of the next day that is not a Saturday, Sunday, or legal holiday, which is today,

Monday December 28, 2015.

3. I hereby move under Fla.R.Civ.Pro. 1.090(b)(1) for an extension of ten (10) days to file a

response to the Plaintiff’s four (4) Notice of Action(s) described in paragraph 1, to on of before

Thursday, January 7, 2016.

4. This motion to extend time is made in good faith, and not for the purpose of delay.

I am currently awaiting a response to requests for records needed to file my responses to

the Plaintiff’s four (4) Notice of Action(s) described in paragraph 1.


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3

I recently received a response to a request for records which is being prepared for use in

my responses to the Plaintiff’s four (4) Notice of Action(s) described in paragraph 1.

I also must file several affidavits with my responses, and cannot currently afford to pay a

notary due to indigence, but will have more funds within 10 days so I can pay for a notary.

5. I am a person with disabilities. This Court previously denied my request for disability

accommodation under the Americans with Disabilities Act, and my work is going slow.

WHEREFORE, I respectfully move for a ten (10) day extension of time to on of before

Thursday, January 7, 2016, as provided by Rule 1.090(b)(1) and Rule 2.514(a)(1)(C).

RESPECTFULLY SUBMITTED December 28, 2015.

Neil J. Gillespie, individually, and former Trustee,

F.S. Ch. 736 Part III, of the Terminated Trust

8092 SW 115th Loop


Phone: 352-854-7807


Service List December 28, 2015

I hereby certify the following names were served by email today December 28, 2015

through the Florida Portal.

Neil J. Gillespie

Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSAMcCalla Raymer, LLC 400 N. Tampa Street, Suite 3200

225 E. Robinson Street, Ste. 660 Tampa, FL 33602

Orlando, FL 32801 Email: [email protected]

Email: [email protected] [email protected]

[email protected]


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4

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 1030

P.O. Box 1030 Ocala, Florida 34478-1030

Ocala, 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]

of Administration and Secretary-Treasurer,

for RA Priya Ghumman

10983 SW 89 Avenue

Ocala, FL 34481


Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living TrustAgreement dated February 10, 1997

8092 SW 115th Loop

Ocala, FL 34481



Neil J. Gillespie Mark Gillespie

8092 SW 115th Loop 7504 Summer Meadows Drive

Ocala, FL 34481 Ft. Worth, TX 76123

Email: [email protected] Email: [email protected]

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

7504 Summer Meadows Drive

Ft. Worth, TX 76123


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 Unknown spouse of Elizabeth Bauerle

7504 Summer Meadow Drive 6356 SW 106th Place

Ft. Worth, TX 76123 Ocala, FL 34476

Email: [email protected] Email: [email protected]


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