defendants’ verified motion for reconsideration fla. r. jud. admin., rule 2.330(h), prior rulings

8/20/2019 Defendants’ Verified Motion for Reconsideration Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings

1/34

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. Disputed HECM Residential Foreclosure

Florida Homestead of Neil J. Gillespie

NEIL J. GILLESPIE AND MARK GILLESPIE

AS CO-TRUSTEES OF THE GILLESPIE This is Not a Commercial Foreclosure:

FAMILY LIVING TRUST AGREEMENT Note missing. F.S. § 702.015/Rule 1.115

DATED FEBRUARY 10, 1997, ET AL. Civil cover sheet wrong. Rule 1.100(c)(2)

False Official Statements. F.S. § 837.06

Defendants.

________________________________________/

DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION

Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings

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 verified motion to

reconsider prior rulings of Judge Hale R. Stancil under Rule 2.330(h), Florida Rules of Judicial

Administration, and states:

1. I move to reconsider the prior rulings of Judge Hale R. Stancil (“Judge Stancil”) in this

case under Rule 2.330(h), Florida Rules of Judicial Administration:

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may be

reconsidered and vacated or amended by a successor judge based upon a motion for

reconsideration, which must be filed within 20 days of the order of disqualification,

unless good cause is shown for a delay in moving for reconsideration or other grounds for

reconsideration exist.

Filing # 37275536 E-Filed 02/02/2016 12:05:18 AM


2/34

DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION February 1, 2016


2

2. On January 12, 2016 my Filing # 36445015 E-Filed 01/12/2016 at 12:09:42 PM,

DEFENDANTS’ MOTION FOR CLERK TO REASSIGN CASE TO ANOTHER

JUDGE, Rule 2.330(j) Florida Rules of Judicial Administration

disqualified Judge Stancil by default effective December 11, 2015, upon Judge Stancil’s failure to

respond within 30 days time under Rule 2.330(j) to the,

AFFIDAVIT OF NEIL J. GILLESPIE MOTION TO DISQUALIFY JUDGE HALE

STANCIL NOV-09-2015, Filing # 34313389 E-Filed 11/11/2015 03:01:30 AM

3. I hereby move for rehearing under Rule 2.330(h) all prior rulings of Judge Stancil that

affect my rights, and the rights of the Gillespie Family defendants, including,

• ORDER FROM CASE MANAGEMENT CONFERENCE, January 6, 2015 (Exhibit 1)

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

Conference and Hearing on all Motions, and the Court being fully advised in the

premises, it is hereby ORDERED and ADJUDGED that:

1. Defendant's Motion to Dismiss is hereby DENIED

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

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

4. Defendant is hereby ordered to file an Answer to the Plaintiff's Complaint

within 20 days of the execution of this order.

• Orders and Rulings that denied disability accommodation under the ADA, the Americans

With Disabilities Act, for Neil J. Gillespie.

• ORDER DENYING DEFENDANT'S MOTION DISQUALIFY HALE STANCIL,

December 18, 2014. (Exhibit 2)

• ORDER DENYING DEFENDANT'S SECOND MOTION TO DISQUALIFY JUDGE

HALE STANCIL, February 5, 2014. (Exhibit 3)

• ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY JUDGE HALE

STANCIL, December 12, 2015. (Exhibit 4)

• ORDER DENYING DEFENDANT'S MOTION TO STRIKE SHAM PLEADINGS,

December 12, 2015. (Exhibit 5). Note: This Order was entered while the AFFIDAVIT OF

NEIL J. GILLESPIE MOTION TO DISQUALIFY JUDGE HALE STANCIL NOV-09-

2015, Filing # 34313389 E-Filed 11/11/2015 03:01:30 AM, was pending, and is therefore

void.


3/34



3

4. A Verification of Marriage by the State of Illinois, Illinois Department of Health, issued

January 15, 2016 by Nirav D. Shah, M.D., J.D. State Registrar, shows at Exhibit 6: As the State

Registrar of Vital Records, I hereby certify that based on the information provided,

SCOTT A. BIDGOOD and ELIZABETH A. BAUERLE Name of Husband/Spouse Name of Wife/Spouse

were married on 06/14/2013 in Kane County, Illinois.

5. Pursuant to the Order Granting Motion To Withdrawal (Exhibit 7) entered December

2, 2013, paragraph 4, “Defendants shall have an affirmative duty to advise the Court of any

change of address.”, I hereby advise the Court of a change of address for Defendants,

Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) Unknown spouse of Elizabeth

[Elizabeth Bidgood] Bauerle, n.k.a. Scott A. Bidgood

effective December 2, 2013, is the address of the property subject to foreclosure,

8092 SW 115th Loop 8092 SW 115th Loop

Ocala, FL 34481 Ocala, FL 34481

and pursuant to Rule 2.516, I designate my email address for the purpose electronic service of

documents and pleadings in this case,

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

and state,

A. The actual address is unknown for Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic)

[Elizabeth Bidgood] and the unknown spouse of Elizabeth Bauerle, n.k.a. Scott A. Bidgood.

B. Notice of Defendants’ Consent to Judgment filed by counsel Anthony J. Solomon,

Esq. Florida Bar No. 93057, KAUFMAN, ENGLETT & LYND, PLLC, shows,

1. The Defendants, MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWN

SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH

BIDGOOD, have been named as Defendants in this action.


4/34



4

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

34481 based on an "event of default" under the terms of the Adjustable Rate Note (Home

Equity Conversion) a/k/a "reverse mortgage".

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

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

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

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

having Judgment entered in favor of the Plaintiff in this action.

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

its civil cover sheet (Exhibit 8) violation of Rule 1.100(c)(2) Pleadings and Motions, when in

fact the Plaintiff and its counsel knows this is a residential foreclosure of my Florida homestead.

7. On February 7, 2015, I filed my affidavit of residential homestead,

AFFIDAVIT OF NEIL J. GILLESPIE OF RESIDENTIAL HOMESTEAD

THIS IS NOT A COMMERCIAL FORCLOSURE

Filing # 23497600 E-Filed 02/07/2015 11:56:00 PM

8. I notified Gregory C. Harrell, General Counsel to David R. Ellspermann, Marion County

Clerk of Court & Comptroller by letter December 24, 2014 (Exhibit 9) of the Clerk’s duty and

the civil cover sheet (form 1.997), Rule 1.100(c)(2), in part:

Mr. Harrell, under 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 the

time 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 is

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

pro se.


5/34



5

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 the

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

As of today Clerk David R. Ellspermann has not abated the proceedings until a properly

executed cover sheet is completed and filed. Rule 1.100(c)(2).

9. 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

stolen note affidavit. The Plaintiff, inter alia, has not filed the original note with the Clerk.

10. The Plaintiff has failed to comply with Florida Rules of Civil Procedure, Rule 1.115,

Pleading Mortgage Foreclosures and subparts (a) through (e). The Plaintiff, inter alia, has not

filed the original note with the Clerk.

WHEREFORE, I move the Court to reconsider the prior rulings of Judge Hale R. Stancil

(“Judge Stancil”) in this case under Rule 2.330(h), Florida Rules of Judicial Administration.

VERIFICATION OF NEIL J. GILLESPIE

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

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

RESPECTFULLY SUBMITTED February 1, 2016.

Neil J. Gillespie, individually, and former Trustee,

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

8092 SW 115th LoopOcala, Florida 34481

Phone: 352-854-7807

Email: [email protected]


6/34



6

Service List February 1, 2016

I hereby certify the following names were served by email today February 1, 2016

through the Florida Portal.

Neil J. Gillespie

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

McCalla 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]

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]


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 Ghumman10983 SW 89 Avenue

Ocala, FL 34481


NOTE: The Gillespie Family Living Trust Agreement dated February 10, 1997 was terminated

February 2, 2015, see attached.

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

Agreement dated February 10, 1997

8092 SW 115th Loop

Ocala, FL 34481Email: [email protected]


Neil J. Gillespie Mark Gillespie

8092 SW 115th Loop 7504 Summer Meadows Drive

Ocala, FL 34481 Ft. Worth, TX 76123



7/34



7

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

7504 Summer Meadows Drive

Ft. Worth, TX 76123


NOTE: There are no “Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust

Agreement dated February 10, 1997”. See

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

February 10, 1997

8092 SW 115th Loop

Ocala, FL 34481


NOTE: Address update for Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) [Bidgood] NOTE: Address update for Unknown spouse of Elizabeth Bauerle, n.k.a. Scott A. Bidgood. See

attached the Verification of Marriage. Exhibit x.

Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) Unknown spouse of Elizabeth Bauerle,

[Elizabeth Bidgood] n.k.a. Scott A. Bidgood

8092 SW 115th Loop 8092 SW 115th Loop

Ocala, FL 34481 Ocala, FL 34481



8/34


9/34


10/34

NE AND ORD ERED at Marion County Florida this

; 20/L7 .

CIRCUIT JUDGE

11.

REVERSE MORTGAGE SOLUTIONS,

INC.,

Plaintiff

vs.

NEIL J. GILLESPIE AND M ARK

GILLESPIE AS CO -TRUSTEES OF THE

GILLESPIE FAMILY LIVING TRUST

AGREEMENT DATED FEBRUARY 10

1997 et al.

IN THE CIRCUIT COURT OF TH E FIFTH

JUDICIAL CIRCUIT OF FLORIDA IN AND FOR

MARION COUNTY

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

Ay

0 ,

4

k ;

e

P

/

A

ro

°70.

6

f i

rf:

Defendants.

ORDER FROM C SE M N GEMENT CONFERENCE

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

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

ORDERED and ADJUDGED that:

1.

Defendant s Motion to Dismiss is hereby DENIED

2.

Defendant s Motion to Disqualify Judge Hale Stancil is hereby DENIED

3.

Defendant s Motion to Quash Service of Process is hereby DENIED

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

days of the execution of this order.

Copies to pa rties on the attached service list.

3 6 6 8 8 6 3

2 0 2 1 2 1 2

1


11/34

SERVICE LIST

MCCALLA RAYMER, LLC

225 E. ROBINSON ST. SUITE 660

ORLANDO, FL 32801

Oak Run Homeowners Association, Inc.

7480 SW Highway 200

Ocala, FL 34476

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

dated February 10, 1997

8092 SW 115TH LOOP

OCALA, FL 34481

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


Ft. Worth, TX 76123

Development Construction Corporation of America

do Registered Agent: Priya Ghumman

10983 SW 89 Avenue

Ocala, FL 34481

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

1997

8092 SW 115TH LOOP

OCALA, FL 34481

Elizabeth Bauerle n/k/a Elizabeth Bidwood

7504 Summer Meadow Drive

Ft. Worth, TX 76123

Unknown spouse of Elizabeth Bauerle

6356 SW 106th Place.

Ocala, FL 34476

Colleen Murphy Davis, Assistant United States Attorney(Counsel of United States of America on Behalf

of the Secretary of Housing and Urban Development)

400 N. Tampa Street, Suite 3200

Tampa, FL 33602

[email protected]

[email protected]

66886

2 0 2 1 2 1 2


12/34

Mark Gillespie

7504 Summer MeaclOws Drive

Ft. Worth TX 76123

Neil J. Gillespie

8092 SW 115TH LOOP

OCALA FL 34481

[email protected]

C E R T I F Y T H A T A N O R I C 6 1 4 1 C O P Y

FER EOF HA S SEEA Ft iRMED BY U S P S

M A I L : i 0 :

D 0

66886

2 0 2 1 2 1 2


13/34

IN

THE

CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT

IN

AND

FOR MARION COUNTY, FLORIDA

REVERSE MORTGAGE SOLUTIONS,INC.,

Plaintiff,

vs.

CASE NO.: 2013-CA-0115

NEIL

J.

GILLESPIE AND MARK

GILLESPIE AS CO-TRUSTEES

OF THE GILLESPIE FAMILY

LnnNGTRUSTAGREEMENT

DATED FEBRUARY 10, 1997, et al.,

Defendants.

_. /

ORDER DENYING DEFENDANT S MOTION DISQUALIFY HALE

STANCIL

THIS CAUSE

comes before the Court on Defendant,

NEIL J.

GELLESPIE s, Motion

to Disqualify

Hall

Stancil, filed

with the

Clerk on December 18, 2014. Defendant requests

that the undersigned be disqualified from presiding over the above-styled case. After a

review of

the

Motion,

the

Court finds Defendant,

NEIL J.

GELLESPIE s, Motion to be

legally insufficient.

It

is hereby,

ORDERED:

Defendant,

NEIL

J.

GELLESPIE s, Motion

to

Disqualify

Hall

Stancil

is DENIED.

ORDERED n Ocala, Florida, this f day of December, 2014.

ER.STANCIL

Circuit Court

Judge

Page of 3

2


14/34

CERTIFICATE OF SERVICE

I

hereby

certify that a true and accurate copy of the foregoing has

been

provided

by

U.S. Mail this

day

of December 2014 to

the

following:

Oak

Run Homeowners Association Inc.

7480 SW Highway 200

Ocala FL 34476

Neil J. Gillespie

and

Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust

Agreement dated February 10 1997

8092 SW

115th

Loop

Ocala FL 34481

Unknown spouse of

Mark

Gillespie

nlk a

Joetta Gillespie

7504

Summer

Meadows Drive

Ft

Worth TX 76123

Development Construction Corporation of America

lo Registered Agent:

Priya Ghumman

10983 SW 89 Avenue

Ocala FL 34481

Unknown SettlorslBeneficiaries of The Gillespie Family Living Trust Agreement dated

February 10 1997

8092 SW 115th Loop

Ocala

FL

34481

Elizabeth Bauerle nlkJa

Elizabeth

Bidwood


Ft Worth TX 76123

Unknown spouse of

Elizabeth Bauerle

6356 SW l06th Place

Ocala FL 34476

Colleen

Murphy

Davis

Assistant

United

States

Attorney

400 N. Tampa Street Suite 3200

Tampa FL 33602

Mark

Gillespie


Ft

Worth TX 76123

Neil J Gillespie

8092 SW 115th Loop

Ocala

FL

34481

Page

2

of 3


15/34


16/34

•

"._"'.

. . r

HALE R STANCIL

CIRCUIT JUDGE

Marion County Judicial Center

110 N.W. 1st Avenue, Room 2017

Ocala, FL 34475

...

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J.

(Jillesple

8092

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Ocala,

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3448 i

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17/34

IN THE


FIFTH

JUDICIAL CIRCUIT

IN

AND

FOR MARION COUNTY FLORIDA

REVERSE MORTGAGE SOLUTIONS INC.

Plaintiff

vs.

CASE NO.: 2013-CA-Ol15

NEIL

J.

GILLESPIE AND MARK

GILLESPIE AS

CO-TRUSTEES


LDnNGTRUSTAGREEMENT

DATED FEBRUARY 10 1997 et al.

Defendants.

_ . /

ORDER DENYING

DEFENDANT'S

SECOND

MOTION TO DISQUALIFY JUDGE

HALE

STANCIL

THIS CAUSE comes before the Court on the Second Motion to Disqualify Judge

Hale Stancil filed by Defendant NEIL J GELLESPIE on

February

3 2015. Defendant

requests that

the

undersigned be disqualified from presiding over

the

above-styled case.

Mer

a review of

the

Motion

the

Court finds

the

Second Motion to Disqualify Judge Hale

Stancil filed by Defendant NEIL

J.

GELLESPIE to be legally insufficient. It

is

hereby

ORDERED: The Second Motion to Disqualify Judge

Hale

Stancil filed by

Defendant NEIL

J.

GELLESPIE is

DENIED.

ORDERED in

Ocala Florida this

.5

day of February 2015.

/

ER.

STANCIL

Circuit Court

Judge

CERTIFICATE

OF

SERVICE

I hereby certify that a true and accurate copy of the foregoing

has been

provided by

U.S. Mail this day of February 2015 to

the

following:

Page of 2

3


18/34

Oak Run Homeowners Association, Inc.

7480 SW Highway 200

Ocala, FL 34476

Neil

J

Gillespie

and

Mark Gillespie

as

Co-Trustees of the Gillespie

Family

Living

Trust

Agreement

dated

February 10, 1997

8092 SW 115th Loop

Ocala, FL 34481

Unknown spouse of

Mark

Gillespie n k/a Joetta Gillespie


Ft

Worth, TX 76123

Development & Construction Corporation of America

c o Registered Agent:

Priya

Ghurrtnian

10983 SW 89 Avenue

Ocala, FL 34481

Unknown SettlorslBeneficiaries 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


Ft. Worth, TX 76123

Unknown spouse of

Elizabeth Bauerle

6356 SW 106th Place

Ocala,

FL

34476

Colleen Murphy Davis, Assistant United States Attorney

400

N

Tampa Street,

Suite

3200

Tampa, FL 33602

Mark Gillespie

7504

Summer

Meadows Drive

Ft. Worth, TX 76123

Neil J Gillespie

8092 SW 115th Loop

Ocala, FL 34481

Curtis

Wilson, Esq.

McCalla Raymer, LLC

225 E. Robinson Street, Ste. 660

Orlando, FL 32801

Page 2of2


19/34

H LE R. STANCIL

CIRCUIT JUDGE

FIFTH JUDICIAL CIRCUIT OF FLORIDA


110N.W.lstAvenue,Room2017

Ocala, FL 34475

4 t ~ P Q s ~

~ . . . . . .

a ] ~ ~ ~ ~ ~ $000.

8

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FEB 05

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i\J ell } tll€ Spl

8092

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Loup

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20/34

IN THE

CIRCUIT COuRT

OF THE

FIFTH

JUD ICIAL CIRCUIT IN AND

FOR

MARION COUNTY FLORIDA

REVERSE MORTGAGE SOLUTIONS

INC.

Plaintiff

vs.

CASE NO.: 2013-CA-Ol15

NEIL J.

GILLESPIE

AND MARK


OF THE

GILLESPIE

FAMILY

LIVING TRUST AGREEMENT

DATED FEBRUARY 10 1997 et al.

Defendants.

_/

ORDER DENYING DEFENDANT S

MOTION

TO

DISQUALIFY

JUDGE

HALE STANCIL

THIS CAUSE

comes before the Court on the Motion to Disqualify

Judge Hale

Stancil filed by Defendant NEIL

J.

GILLESPIE on November 6,2015. Defendant requests

that the

undersigned

be disqualified from

presiding

over the above-styled case.

Mter

a

review of

the

Motion the

Court

finds

Defendant s

Motion to be legally insufficient. It is

ORDERED: The

Motion to Disqualify Judge

Hale

Stancil filed by

Defendant NEIL

J. GILLESPIE is DENIED.

ORDERED in Ocala Florida this 2 day of No ember, 2015

CERTIFICATE OF SERVICE

I

hereby

certify that a true and

accurate

copy of the foregoing has

been

provided by

US/Interoffice

mail

this ~ d y

of

November 2015 to the following:

Oak Run Homeowners Association Inc.

7480

SW Highway

200

Ocala

FL

34476

Page

1 of 2

4


21/34

Neil

J.

Gillespie and Mark Gillespie

as

Co-Trustees of

the

Gillespie

Family

Living Trust

Agreement dated February 10, 1997

8092 SW 115th

Loop

Ocala, FL 34481

Unknown spouse of Mark Gillespie n/kIa

Joetta

Gillespie


Ft. Worth, TX 76123

Development Construction Corporation

of

America

lo

Registered Agent:

Priya Ghumman

10983 SW 89 Avenue

Ocala, FL 34481

Unknown SettlorslBeneficiaries of TIle Gillespie

Family

Living Trust

Agreement dated

February

10, 1997

8092 SW

115th

Loop

Ocala, FL 34481

Elizabeth

Bauerle

n/kIa

Elizabeth

Bidwood


Ft. Worth, TX 76123

Unknown spouse of

Elizabeth Bauerle

6356 SW 106th Place

Ocala,

FL

34476

Colleen

Murphy

Davis,

Assistant United

States

Attorney

400 N. Tampa

Street Suite

3200

Tampa, FL 33602

Mark Gillespie

7504

Summer

Meadows Drive

Ft. Worth, TX 76123

Neil

J.

Gillespie

8092 SW

115th

Loop

Ocala, FL 34481

Curtis

Wilson, Esq.

McCalla Raymer, LLC

225 E. Robinson

Street

Ste. 660

Orlando,

FL

32801

Page 2 of 2


22/34

---

H L

•

. STANCIL

CIRCUIT JUDGE


110 N.W. 1st Avenue, Room 2017

Ocala, FL 34475

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MAILED FROM ZIP

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23/34

IN THE


FIFTH

JUDICIAL CIRCUIT IN AND

FOR MARION COUNTY, FLORIDA

REVERSE MORTGAGE SOLUTIONS,

INC.,

Plaintiff,

vs.

CASE NO.: 2013-CA-0115

NEIL J GILLESPIE AND MARK



LIVING TRUST AGREEMENT

DATED FEBRUARY 10,1997, et al.,

Defendants.

_ . /

ORDER DENYING DEFENDANT S MOTION TO STRIKE

SHAM

PLEADINGS

THIS CAUSE

comes before

the Court

on the Motion to Strike Sham Pleadings, filed

by Defendant

NEIL

J. GILLESPIE on November 6,2015.

Defendant

GILLESPIE requests

this

Court strike multiple pleadings filed by Plaintiff, REVERSE MORTGAGE

SOLUTIONS, INC., because,

as

Defendant

GILLESPIE claims,

the

pleadings

are

a sham.

Striking of a pleading because it is a

sham

is

warranted if the

pleading is a mere pretense,

set

up

in bad

faith and

without

color of fact. Destiny Constr. Co

v

Martin K Eby Constr.

662 So 2d 388 (Fla. 5

th

DCA 1995). Here, Defendant GILLESPIE has failed to

meet his

burden

and has

not established

that any of the documents

he

claims to be a sham are a

mere pretense, set up in bad faith and

without

color of fact. Therefore, it is,

ORDERED: The Motion to Strike Sham Pleadings, filed by Defendant NEIL J.

GILLESPIE, is DENIED.

Page

1

of

3

5


24/34

CERTIFICATE

OF SERVICE

I hereby certify that a

true

and accurate copy of

the

foregoing

has

been provided by

US/Interoffice

mail this

of November, 2015, to

the

following:

Oak Run

Homeowners Association, Inc.

7480 SW

Highway

200

Ocala, FL 34476

Neil

J.

Gillespie and Mark Gillespie as Co-Trustees of

the

Gillespie Family Living Trust

Agreement

dated

February 10, 1997

8092 SW 115th Loop

Ocala, FL 344.81

Unknown

spouse

of Mark Gillespie n1k/a

Joetta

Gillespie


Ft. Worth, TX 76123

Development

Construction

Corporation of

America

c o

Registered Agent:

Priya

Ghumman

10983

SW

89

Avenue

Ocala, FL 34481

Unknown Settlors/Beneficiaries of

The

Gillespie

Family

Living Trust

Agreement

dated

February 10, 1997

8092 SW 115th Loop

Ocala, FL 34481

Elizabeth Bauerle nlkJa Elizabeth Bidwood

7504 Summer

Meadow Drive

Ft. Worth, TX 76123

Unknown spouse of

Elizabeth Bauerle

6356

SW 106th

Place

Ocala, FL 34476

Colleen Murphy Davis, Assistant United States

Attorney

400 N.

Tampa

Street

Suite 3200

Tampa, FL 33602

Mark

Gillespie

7504

Summer

Meadows Drive

Ft. Worth, TX 76123

Neil J. Gillespie

8092

SW

115th Loop

Ocala, FL 34481

Page

of

3


25/34

Curtis Wilson Esq.

McCalla Raymer LLC

225 E. Robinson Street Ste. 660

Orlando FL 32801

Sue

Sta.l...Ll° ]

-

Judicial Assistant

Page

3

of

3


26/34

State of llinois

Illinois epartment of Public Health

VERIFIC TION OF MARRIAGE

the State Registrar ofVital Records, I hereby certify that based on the infoflnation provided,

S_C_O_T_T_ _B_I_D_G_O_O_D and

_L_IZ_ _B_E_T_H_ _B_ _U_E_RL

E

Vanle

o j ~ J l i f e / S p ) u . 5 t >

\vere 111arried

on KAN_E_6_1_1_4_ 2_ _1_3

in

County,

Illinois.

[ ate

Date

issued:

_1_1_15_ _2 _1_6

~ 0,

G nth

Nirav

D

Shah,

~ 1 D J.D.

State Registrar

A certified copy of this marriage record can be obtained only from the

County

Clerk of the

County.

If

you wish to procure a certified copy of the marriage, please contact the

County

Clerk of

KANE

County in , Illinois.

VR-602 O/15r)

lOCI

15-545

6


27/34

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF

FLORIDA IN AND MARION COUNTY

GENERAL JURISDICTION DIVISION

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

Plaintiff,

V

MARK GILLESPIE , et al.,

Defendants

ORDER GRANTING MOTION TO WITHDRAW

THIS CAUSE

AUSE

came before the Court at a hearing on

November 25, 2013,

upon filing of

Defendants' counsel's Motion to Withdraw as Counsel (hereinafter, the Motion ). Having

reviewed the Motion, and the Court file and being fully advised in the premises, it is therefore:

ORDERED

and

ADJUDGED:

1

That the Motion to Withdraw as Counsel is hereby:

GRANTED

2.

That

Tiffany Caparas, Esq.

and the

Law Firm of Kaufman, Englett Lynd,

PLLC

are hereby relieved from representing the Defendants,

MARK GILLESPIE, JOETTA

GILLESPIE AKA UNKNOWN SPOUSE OF MARK GILLESPIE and ELIZABETH

BAUERLE

(herein after Defendants ), and relieved of any further responsibility on behalf of

Defendants

3.

In the event that Defendants fail to retain new counsel, they shall be deemed to

represent themselves and shall be served with all future papers and pleadings in this action at:

7504 Summer Meadow Drive, Ft. Worth, TX 76123; Phone: (817) 361-5911; Email:

[email protected].

7


28/34

norable Circuit Judge

4

efendants shall have an affirmative duty to advise the Court of any change of

address

DONE and ORDERED in Chambers, Marion County, Florida this -—day_of

6

1 2013.

Mailing List

Angela M. Brenwald, Esq.

McCalla Raymer LLC

225 E. Robinson St.

Orlando, FL 32801


ounsel for Plaintiff

MARK GILLESPIE, JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF MARK

GILLESPIE and ELIZABETH BAUERLE


Ft. Worth, TX 76123


Defendant s)

Tiffany Caparas, Esq.

Kaufman, Englett Lynd, PLLC

111 N. Magnolia Ave., Suite 1600

Orlando, FL 32801

Primary Email: [email protected]

Secondary Email: [email protected]

2


29/34

Form1.997CIVIL COVER SHEET

The civilcoversheetand theinformationcontainedhereinneitherreplacenorsupplementthe filingand service

of

pleadingsorother

papers

as

required

by

law. Thisform s h ~ l I ~ b e . f i ~ d by the plaintifforpetitioner for theuse of theClerkof theCourtfor the purposeof

reportingjudicialworkloaddata pursuani··t


30/34

II. TYPE OF

C SE

(If the case

fits

more

than

one type

of

case, select the most definitive category.) If

the most

descriptive label is a subcategory (is indented under

8

broader category), place an x in

both

the main ~ t g o r y and subcategory boxes.

. 0... .

\

Condominium

Homestead residential foreclosure $0 • $50,000

Discrimination - employment

or

other

Securities litigation

Insurance claims

Trade secrets

Intel1ectual property

Trust litigation

III. REMEDIES SOUGHT (check

all

that apply):

X monetary;

nonmonetary declaratory

or

injunctive relief;

punitive

IV

NUMBER OF CAUSES OF ACTION

[

(specify)

IS

THIS

CASE A CL SS

CTION

LAWSUIT?

yes

X

no

VI HAS

NOTICE

OF ANY KNOWN RELATED CASES BEEN

FILED?

X no

yes

If

"yes," list all related cases by name, case number,

and court.

VII.

IS

JURY

TRIAL

DEMANDED

IN

COMPLAINT?

yes

X no

Signatu

d

in

this cover sheet is accurate to the best of

my

knowledge and belief.

la. Bar# 0029364

Attorney or party

(Bar

#

if

attorney)

Danielle N. Parsons

960921

12 02121 2


31/34

VIA Email [email protected] December 24, 2014

Gregory C. Harrell

General Counsel to David R. Ellspermann

Marion County Clerk of Court & Comptroller

Ocala, Florida 34475

RE: Clerk’s duty and the civil cover sheet (form 1.997), Rule 1.100(c)(2).

Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., Case No. 13-115-CAT

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 the civil

cover sheet that the plaintiff is responsible for preparing and filing at the outset 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's characterization of the case, as the Clerk has no say in that.

Mr. Harrell, under 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 the

time 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.

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 the action 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)?

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop Email: [email protected] Enclosures

Ocala, Florida 34481 Phone: 352-854-7807

9


32/34

RULE 1.100 FLORIDA RULES OF CIVIL PROCEDURE RULE 1.110

CIV-24

such; an answer to a crossclaim if the answer contains

a crossclaim; a third-party complaint if a person who

was not an original party is summoned as a third-party

defendant; and a third-party answer if a third-partycomplaint is served. If an answer or third-party an-

swer contains an afrmative defense and the opposing

party seeks to avoid it, the opposing party shall le

a reply containing the avoidance. No other pleadings

shall be allowed.

(b) Motions. An application to the court for an or-

der shall be by motion which shall be made in writing

unless made during a hearing or trial, shall state with

particularity the grounds therefor, and shall set forth

the relief or order sought. The requirement of writing

is fullled if the motion is stated in a written notice of

the hearing of the motion. All notices of hearing shallspecify each motion or other matter to be heard.

(c) Caption.

(1) Every pleading, motion, order, judgment, or

other paper shall have a caption containing the name

of the court, the le number, the name of the rst party

on each side with an appropriate indication of other

parties, and a designation identifying the party ling

it and its nature or the nature of the order, as the case

may be. All papers led in the action shall be styled in

such a manner as to indicate clearly the subject mat-

ter of the paper and the party requesting or obtainingrelief.1

(2) A civil cover sheet (form 1.997) shall be com-

pleted and led with the clerk at the time an initial

complaint or petition is led by the party initiating the

action. If the cover sheet is not led, the clerk shall

accept the complaint or petition for ling; but all pro -

ceedings in the action shall be abated until a properly

executed cover sheet is completed and led. The clerk

shall complete the civil cover sheet for a party appear-

ing pro se.

(3) A nal disposition form (form 1.998) shall beled with the clerk by the prevailing party at the time

of the ling of the order or judgment which disposes of

the action. If the action is settled without a court order

or judgment being entered, or dismissed by the par-

ties, the plaintiff or petitioner immediately shall le

a nal disposition form (form 1.998) with the clerk.

The clerk shall complete the nal disposition form for

a party appearing pro se, or when the action is dis-

missed by court order for lack of prosecution pursuant

to rule 1.420(e).

(d) Motion in Lieu of Scire Facias. Any relief

available by scire facias may be granted on motion

after notice without the issuance of a writ of scire

facias.

1.E.g., “Order Denying Plaintiff’s Motion for Summary Judg-

ment,” “Defendant’s Motion to Compel,” “Order Denying Defen-

dant’s Motion to Dismiss,” “Final Judgment for Plaintiff,” etc.

Committee Notes

1971 Amendment. The change requires a more complete desig-nation of the document that is led so that it may be more rapidly

identied. It also species the applicability of the subdivision to all

of the various documents that can be led. For example, a motion to

dismiss should now be entitled “defendant’s motion to dismiss the

complaint” rather than merely “motion” or “motion to dismiss.”

1972 Amendment. Subdivision (a) is amended to make a reply

mandatory when a party seeks to avoid an afrmative defense in

an answer or third-party answer. It is intended to eliminate thereby

the problems exemplied by Tuggle v. Maddox, 60 So. 2d 158 (Fla.

1952), and Dickerson v. Orange State Oil Co., 123 So. 2d 562 (Fla.

2d DCA 1960).

1992 Amendment. Subdivision (b) is amended to require all

notices of hearing to specify the motions or other matters to be

heard.

RULE 1.110. GENERAL RULES OF

PLEADING

(a) Forms of Pleadings. Forms of action and tech-

nical forms for seeking relief and of pleas, pleadings,

or motions are abolished.

(b) Claims for Relief. A pleading which sets forth

a claim for relief, whether an original claim, counter-

claim, crossclaim, or third-party claim, must state a

cause of action and shall contain (1) a short and plainstatement of the grounds upon which the court’s juris-

diction depends, unless the court already has jurisdic-

tion and the claim needs no new grounds of jurisdic-

tion to support it, (2) a short and plain statement of the

ultimate facts showing that the pleader is entitled to

relief, and (3) a demand for judgment for the relief to


33/34

Form1.997CIVIL COVER SHEET

The civilcoversheetand theinformationcontainedhereinneitherreplacenorsupplementthe filingand service

of

pleadingsorother

papers

as

required

by

law. Thisform s h ~ l I ~ b e . f i ~ d by the plaintifforpetitioner for theuse of theClerkof theCourtfor the purposeof

reportingjudicialworkloaddata pursuani··t


34/34

defendants’ verified motion for reconsideration fla. r. jud. admin., rule 2.330(h), prior rulings

Documents