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VIA UPS No.

1Z64589FNW95346361

January 12, 2015

The Honorable Ed Carnes, Chief Judge


U.S. Eleventh Circuit Court of Appeals
56 Forsyth Street, N.W.
Atlanta, GA 30303
Re: Case 13-11585-B, Reverse Mortgage Solutions v Neil J. Gillespie et al
Order June 25, 2013 authorizing a petition under 28 USC 1651, the all writs act
Marion County Florida Case 42-2013-CA-000115-AXXX-XX
Dear Chief Judge Carnes,
This letter concerns an Order June 25, 2013 authorizing me to file a petition under 28 USC 1651,
the all writs act, in Case 13-11585-B, Reverse Mortgage Solutions v Neil J. Gillespie et al.
1.
I am indigent and require appointment of counsel. The Eleventh Circuit adopted, as
provided in Addendum Five, Non-Criminal Justice Act Counsel Appointments, provisions for
furnishing representation for persons financially unable to obtain adequate representation in
cases and situations which do not fall within the scope of 18 U.S.C. 3006A, as amended but
in which the court believes that the interests of justice will be served by the presence of counsel.
2.
I am disabled and require accommodation under the Rehabilitation Act of 1973, and the
Americans With Disabilities Act (ADA), as amended, if the Court adopts the ADA. This Court
has my disability motion filed in No. 12-11213 on August 9, 2012. Also enclosed, readings from
my diabetes meter last week showing evidence of disabling levels of blood glucose.
3.

I request permission to e-file on the federal CM/ECF system. I have a PACER account.

4.

Please provide an email address for a contact person with the Court.

5.
I request a stay in the state-court proceedings until the foregoing is resolved. See
enclosed Defendants Notice-Nonresident Bond-10 USC 333 Interference State Federal law.
January 6, 2015 I emailed Tara Price, law clerk to Judge Jordan, and got no response. A paper
copy of the emails are enclosed. Also enclosed, Notice, A. Lee Bentley USAFLM. Thank you.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481

Telephone: 352-854-7807
Email: neilgillespie@mfi.net

Neil J. Gillespie
Birth Date: 3/19/1956

Accu-Chek Compass
One Page Summary Report
12/29/2014 - 1/11/2015
Trend Graph
600
550
500
450
bG (mg/dL)

400
350
300
250
200
150
100
50
0
12/29
2014

12/30

12/31

1/1
2015

1/2

1/3

1/4

1/5

1/6

1/7

1/8

1/9

1/10

1/11

Average Day
600
550
500
450
bG (mg/dL)

400
350
300
250
200
150
100
50
0
Night

Before
Breakfast

After
Breakfast

Before
Lunch

After
Lunch

Before
Dinner

After
Dinner

Evening

Target Range
Overall

Above 100.0% (11 tests)


Before Meals

After Meals

Above 100.0% (3 tests)

Range
Above Target
Within Target
Below Target
Hypo

( > 140 mg/dL ):


( 70 - 140 mg/dL ):
( 50 - 69 mg/dL ):
( < 50 mg/dL ):

Printed: 1/11/2015

Tests Percent
11 100.0%
0
0.0%
0
0.0%
0
0.0%

Above 100.0% (7 tests)

356
Highest bG (mg/dL):
213
Lowest bG (mg/dL):
Average bG (mg/dL): 270.5
Number of HIs:
0
Number of LOs:
0
Page 1 of 1

11
Total # of Tests:
Avg. # Tests per Day: 0.8
Standard Deviation: 48.3

Roche Diagnostics

Case: 13-11585

Date Filed: 07/25/2013

Page: 1 of 1

Case: 13-11585

Date Filed: 07/25/2013

Page: 1 of 1

UNITED STATES COURT OF APPEALS


FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
John Ley
Clerk of Court

For rules and forms visit


www.ca11.uscourts.gov

July 25, 2013


Neil J. Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481
Appeal Number: 13-11585-B
Case Style: Reverse Mortgage Solutions, In v. Neil Gillespie, et al
District Court Docket No: 5:13-cv-00058-WTH-PRL
This Court requires all counsel to file documents electronically using the Electronic Case
Files ("ECF") system, unless exempted for good cause.
The enclosed order has been ENTERED.
Sincerely,
JOHN LEY, Clerk of Court
Reply to: Melanie Gaddis, B/rvg
Phone #: (404) 335-6187
MOT-2 Notice of Court Action

https://ecf.ca11.uscourts.gov/cmecf/servlet/TransportRoom

General Docket
United States Court of Appeals for the Eleventh Circuit
Court of Appeals Docket #: 13-11585
Nature of Suit: 3290 Other Real Property Actions
Reverse Mortgage Solutions, In v. Neil Gillespie, et al
Appeal From: Middle District of Florida
Fee Status: Fee Not Paid

Docketed: 04/15/2013
Termed: 06/12/2013
Case Handler: Gaddis, Melanie, B
(404) 335-6187

Case Type Information:


1) Private Civil
2) Federal Question
3) Originating Court Information:
District: 113A-5 : 5:13-cv-00058-WTH-PRL
Civil Proceeding: Wm. Terrell Hodges, U.S. District Judge
Secondary Judge: Philip R. Lammens, U.S. Magistrate Judge
Date Filed: 02/04/2013
Date NOA Filed:
04/10/2013
Prior Cases:
None
Current Cases:
None

REVERSE MORTGAGE SOLUTIONS, INC.


Plaintiff - Appellee

Curtis Wilson
Direct: 407-674-1850
[COR LD NTC Retained]
McCalla Raymer, LLC
225 E ROBINSON ST STE 660
ORLANDO, FL 32801
Danielle N. Parsons
Direct: 954-319-7121
[NTC Retained]
McCalla Raymer, LLC
225 E ROBINSON ST STE 660
ORLANDO, FL 32801

versus
Neil J. Gillespie
NEIL J. GILLESPIE, as Co-Trustees of the Gillespie Family Living Trust
Direct: 352-854-7807
Agreement Dated February 10, 1997
Defendant - Appellant [NTC Pro Se]
8092 SW 115TH LOOP
OCALA, FL 34481
NEIL J. GILLESPIE
Defendant - Appellant

https://ecf.ca11.uscourts.gov/cmecf/servlet/TransportRoom

REVERSE MORTGAGE SOLUTIONS, INC.,


Plaintiff - Appellee,
versus
NEIL J. GILLESPIE AS CO-TRUSTEES,
of the Gillespie Family Living Trust
Agreement Dated February 10, 1997,
NEIL J. GILLESPIE,
Defendants - Appellants,
MARK GILLESPIE AS CO-TRUSTEES, etc., et al.,
Defendants.

https://ecf.ca11.uscourts.gov/cmecf/servlet/TransportRoom

04/15/2013
14 pg, 810 KB

04/15/2013

CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Neil J. Gillespie on 04/10/2013. Fee
Status: Fee Not Paid. No hearings to be transcribed.
USDC order denying IFP as to Appellant Neil J. Gillespie was filed on 03/07/2013. Docket Entry 19.

7 pg, 43.4 KB

8 pg, 323.51 KB

Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellant Neil J.
Gillespie.

1 pg, 52.95 KB

APPEARANCE of Counsel Form filed by Danielle N. Parsons for Reverse Mortgage Solutions, Inc.. (ECF:
Curtis Wilson)

05/02/2013
05/09/2013
05/09/2013

E-filed Appearance of Counsel processed for Attorney Curtis Wilson for Appellee Reverse Mortgage
Solutions, Inc. in 13-11585.

05/17/2013

USDC order denying IFP as to Appellant Neil J. Gillespie was filed on 05/09/2013. Docket Entry 28.
3 pg, 47.22 KB

ORDER: On its own motion, the court DISMISSES the appeal for lack of jurisdiction. (RB/SM/AJ).

06/12/2013
3 pg, 52.2 KB

62 pg, 4.97 MB

MOTION for reconsideration of a panel order entered on 06/12/2013 filed by Appellants Neil J. Gillespie
and Neil J. Gillespie. Opposition to Motion is Unknown [6911968-1]

21 pg, 1.09 MB

Public Communication: Letter from Pro Se Appellant to update and correct previous letter dted 07/01/2013
- no action requested..

10 pg, 608.7 KB

Public Communication: Letter from Pro Se Appellant Additional documents for reconsideration of denial of
recon motion - returned with SPCT-5 information.

2 pg, 202.02 KB

ORDER: Motion for reconsideration of panel order filed by Appellants Neil J. Gillespie and Neil J. Gillespie
is DENIED. [6911968-2] FMH, CRW and AJ

5 pg, 306.04 KB

Public Communication: Letter from Pro Se Appellant with UPS voucher to return his filed
documents/records..

07/02/2013
07/19/2013
07/22/2013
07/25/2013
08/07/2013
10/30/2013

Public Communication: Letter from Pro Se Appellant Writ of Certiorari to the Supreme Court - returned.
2 pg, 294.11 KB

Notice of Writ of Certiorari filed as to Appellants Neil J. Gillespie and Neil J. Gillespie. SC# 13-7280.

11/08/2013
1 pg, 41.63 KB

ADDENDUM FIVE
NON-CRIMINAL JUSTICE ACT COUNSEL APPOINTMENTS
The court adopts these provisions for furnishing representation for persons financially unable
to obtain adequate representation in cases and situations which do not fall within the scope of 18
U.S.C. 3006A, as amended but in which the court believes that the interests of justice will be
served by the presence of counsel.
(a) Determination of Need.
In determining need for appointment of counsel, the court shall generally be governed by the
guidelines outlined in 18 U.S.C. 3006A.
(b) Appointment of Counsel.
(1) Counsel shall be selected from the same panels of attorneys designated or approved by
the district courts of the Eleventh Circuit as described in Addendum Four, which are hereby
approved by this court, or from a bar association, legal aid agency, or other approved organization.
In addition, any judge of this court may appoint competent counsel not otherwise included in the
preceding categories.
(2) Any person seeking relief under 29 U.S.C. 621, 42 U.S.C. 1981, 42 U.S.C. 1982,
42 U.S.C. 1983, 42 U.S.C. 1985, 42 U.S.C. 1986, 42 U.S.C. 2000a, 42 U.S.C. 2000d, and
42 U.S.C. 2000e or in such other cases as the court shall determine to be appropriate may be
eligible for representation. The court may approve such representation on a determination that the
interests of justice so require and that the person is financially unable to obtain representation.
(3) The court may at its discretion and in the interest of justice substitute one appointed
counsel for another at any stage of the proceedings on appeal.
(4) The court may at its discretion and where circumstances warrant make appointments of
counsel retroactive so as to include representation furnished prior to appointment.
(c) Withdrawal or Release of Appointed Counsel.
Counsel appointed under this rule to represent a party shall continue such representation until
relieved by order of the court of appeals.
(d) Duties of Appointed Counsel.
(1) Appointed counsel shall furnish the party represented, upon written request, with a copy
of motion papers and briefs filed for the party on the appeal, and shall send the party a copy of the
Rev.: 8/07

Addendum Five

court's decision when issued; the clerk will send appointed counsel an extra copy of the decision for
this purpose.
(2) Appointed counsel shall appear for oral argument only when directed by the court.
(3) In the event of affirmance or other decision adverse to the party represented appointed
counsel shall promptly advise the party in writing of the right to seek further review by the filing of
a petition for writ of certiorari with the Supreme Court.
(4) Appointed counsel shall advise the party represented in each case that, if the party wishes
to file a petition for a writ of certiorari with the Supreme Court, the party may have the right to do
so without prepayment of fees and costs or giving security therefor.
(5) No appointed representative under this rule shall accept a payment from or on behalf of
the person represented in this court without prior authorization by a United States circuit judge.
(e)

Payment of Claims for Expenses.

(1) In all appeals covered by this rule, the court of appeals may authorize reimbursement of
necessary expenses reasonably incurred in representing a party on appeal, consistent with the
limitations contained in the Criminal Justice Act, by any private attorney, bar association, legal aid
agency, or other approved organization appointed by the court for the purpose of representing a party
on appeal pursuant to this addendum. Compensation for attorney services as a fee for either in-court
or out-of-court time is not authorized.
(2) Travel expenses and other expenses reasonably incurred and necessary for adequate
representation on appeal may be claimed by an appointed attorney or other legal representative. The
clerk of court shall furnish each attorney or other representative at the time of appointment with
information as to expenses currently allowable and in accordance with rules, regulations and
guidelines promulgated by the Judicial Conference of the United States. Per diem may not be
claimed in lieu of actual travel and subsistence expenses. Meal and lodging expenses incurred
incident to representation on appeal, necessary long distance telephone calls or telegrams, and the
cost of photocopying (but not printing), are reimbursable expenses within the guidelines established
by the court. Expenses of general office overhead, personal items, filing fees and expenses of
printing of briefs are not reimbursable. Expenses of travel by private automobile may be claimed
on a straight mileage basis at the authorized rate. See (6) of the guidelines, below. Parking fees
and toll expenses are allowable. Transportation other than by private automobile may be claimed
on an actual cost basis, but first class fare is not permitted unless absolutely necessary and
documentation is provided that tourist or economy fares were not available.
(3) Unless otherwise ordered by the court for good cause shown, travel expenses other than
those incurred in connection with attending oral argument will not be reimbursed without a prior ex
parte application to and approval by the court.
Rev.: 8/07

Addendum Five

(4) All claims for reimbursement of expenses for representation on appeal shall be itemized
in detail and filed with the clerk of court on officially approved forms that the clerk's office will
provide. Claims should be filed as promptly as possible and in no event later than 60 days after
issuance of the mandate.
(5) After approval of allowable reimbursable expenses by the court, the claim form will be
forwarded to the circuit executive for payment.
(6) Reimbursable Expenses.
(a) Travel and transportation expenses. Travel and transportation must be accomplished by
the most economical means available. Only actual expenses may be claimed.
(i) Air transportation. Tourist or economy accommodations must be used except
where unavailable. A copy of the ticket must be attached to the claim form. If travel
by first class air transportation is claimed a detailed explanation of the reasons
therefor must be provided with the ticket copy.
(ii) Automobile transportation. The total mileage cost shall not exceed the fare
authorized for travel by tourist or economy air transport except in an emergency or
for other compelling reasons. Travel by privately owned automobile shall not exceed
the current government authorized rate for official travel per mile on a straight
mileage basis, plus parking fees, ferry, bridge, road, and tunnel fares.
(iii) Local transportation. Local travel will be accomplished by the most economical
means available and only actual expenses may be claimed. Transportation to and
from an airport should be by airport shuttle, if available.
(iv) Meals and lodging. Reasonable compensation for hotel or motel
accommodations and meals will be allowed on an actual expense basis subject to the
limitations governing compensation for federal employees traveling to the same
destination. Counsel will be notified by the clerk prior to the scheduled oral
argument session of the current limitations. A copy of the hotel or motel bill shall
be attached to the claim form.
(b) Photocopying. Actual costs not to exceed 25 cents per page will be paid if copy bill is
submitted. For in-house copying, actual costs not to exceed 15 cents per page will be paid.
(c) Express mail and other special arrangements. For delivery of items that could have been
mailed via U.S. Postal Service first class mail, additional expenses will be reimbursed only
if a satisfactory explanation is given why first class mail service was not utilized. In
non-emergency cases routine documents such as briefs and motions should be prepared early
enough to permit use of first class mail.
Rev.: 8/07

Addendum Five

(d) Computer Assisted Legal Research.


(i) By Court Appointed Counsel. The cost of use, by appointed counsel, of computer
assisted legal research services, may be allowed as a reimbursable out-of-pocket expense,
provided that the amount claimed is reasonable. Whenever appointed counsel incurs charges
for computer assisted legal research, counsel should attach to the claim form a copy of the
bill and receipt for the use of the legal research services or an explanation of the precise basis
of the charge (e.g., indicating the extent to which it was derived by proration of monthly
charges, or by charges identifiable to the specific research). If the amount claimed is in
excess of $500 or if it includes costs for downloading or printing, counsel should include a
brief statement of justification.
(ii) By Commercial Computer Assisted Legal Research Services. The court may in
advance authorize counsel to obtain computer assisted legal research services, where the
research is performed by employees of a commercial legal research firm or organization
rather than by appointed counsel, provided that the total amount charged for computer
assisted legal research services is reasonable. Requests by counsel for authority to obtain
such computer assisted legal research services should include the following:
a - a brief explanation of the need for the research services; and
b - an estimate of the charges.
(e) Miscellaneous Expenses. The lowest possible cost for expenses such as postage,
telephone calls, brief supplies, and parking, shall be incurred.
(f) Briefs.
Reimbursement will be provided only for the number of copies of briefs and record excerpts
required by the rules to be filed and served, plus two copies for each party signing the brief. The
number of copies and number of pages must be itemized on the claim form.
(g) Funding.
By resolution the court may allocate from time to time certain monies from its
nonappropriated fund account to support this program of non-CJA counsel appointments.

Rev.: 8/07

Addendum Five

http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html

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Page 1 of 2

Neil Gillespie
From:
<Tara_Price@ca11.uscourts.gov>
To:
<neilgillespie@mfi.net>
Sent:
Monday, January 05, 2015 10:53 AM
Subject: Fw: Judge blasts Florida for depriving children of needed healthcare
Dear Mr. Gillespie:
Per your request, the ruling was issued in Case No. 1:05-cv-23037-AJ, and the docket entry is 1294.
Please let me know if I may be of further help.
Thanks- Tara
Tara R. Price

Law Clerk to the Honorable Adalberto Jordan


U.S. Court of Appeals for the Eleventh Circuit
99 N.E. 4th Street
Suite 900

Miami, Florida 33132


Phone: 305.523.5563

E-mail: Tara_Price@ca11.uscourts.gov
----- Forwarded by Tara Price/CA11/11/USCOURTS on 01/05/2015 10:48 AM -----

----- Forwarded by Adalberto Jordan/CA11/11/USCOURTS on 01/05/2015 10:39 AM ----From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Honorable Adalberto J Jordan" <ajordan@ca11.uscourts.gov>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 01/04/2015 09:11 PM
Subject: RE: Judge blasts Florida for depriving children of needed healthcare

U.S. Circuit Judge Adalberto Jordan


United States Court of Appeals for the Eleventh Circuit
RE: Judge blasts Florida for depriving children of needed healthcare
http://miamiherald.typepad.com/nakedpolitics/2015/01/judge-blasts-florida-for-depriving-children-ofneeded-healthcare.html
Dear Judge Jordan:
I have been unable to locate your 153 page ruling described in numerous news accounts, or even the
case caption, case number, or link to the ruling. If this information is available, would you kindly have
someone respond on your behalf?

1/12/2015

Page 2 of 2

I regret contacting you directly, but the Eleventh Circuit unfortunately does not provide email access for
questions. From past experience I know telephone calls to the court are futile for questions of this type.
Thank you, Your Honor.
Sincerely
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481

1/12/2015

Page 1 of 5

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


<Tara_Price@ca11.uscourts.gov>
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Tuesday, January 06, 2015 1:22 PM
Unanswered letter to Chief Justice John Roberts Mar-05-2014.pdf; 1994, 04-15-94, letter of J Peter Hoguet w Special Faces book &
p88.pdf; C.A.11-No.12-11213-C Amended Disability Motion-Aug-06-2012, PDF.pdf; Case 13-11585, Motion to Reconsider, Vacate or
Modify Order Jul-02-2013 PACER.pdf; Case 13-11585, ORDER-Denied; may seek relief 28 USC 1651 all writs act.pdf; FBI Unit Chief
Brian J. Nadeau, FBI Headquarters letter April 11, 2014.pdf; Index to Petition 12-7747 and Rule Applications.pdf; Index to Petition 137280.pdf; NOTICE OF FILING Letter to Authur Lee Bentley III 42-2013-CA-000115-AXXX-XX.pdf; NOTICE of submitting ADA TITLE
II Accommodation Request-SC14-1637 80p.pdf; Transcript of Hearing before Judge Stancil, Dec-18-2014 RMS v Gillespie.pdf; 2014,
12-14-14, ORDER SC14-1637 Granted Time to Jan-12-2015.pdf; 2014, 10-15-14, ORDER SC14-1637 Granted in part, counsel
denied.pdf; 2014, 10-21-14, ORDER SC14-1637 Vacated earlier order, etc.pdf; 2014, 11-26-14, ORDER SC14-1637 Petitioners IFP
motion GRANTED.pdf; 2014, 11-26-14, ORDER SC14-1637 prior IFP order Vacated.pdf
Re: Judge blasts Florida for depriving children of needed healthcare

Tara R. Price
Law Clerk to the Honorable Adalberto Jordan
U.S. Court of Appeals for the Eleventh Circuit
99 N.E. 4th Street, Suite 900
Miami, Florida 33132
Phone: 305.523.5563
E-mail: Tara_Price@ca11.uscourts.gov
Dear Ms. Price:
Thank you for your response. I appreciate your assistance, and offer of further help.
There is another matter involving the wrongful foreclosure of my home on a HECM reverse mortgage, C.A.11 Case No. 13-11585-B.
Recently I called the court a number of times for information but got nothing. Perhaps it is due to traumatic brain injury and not being
able to speak coherently enough to make my point. I have not been able to locate an email address to communicate with the Eleventh
Circuit. I would appreciate a referral to someone in the court who could respond by email. This is a request for disability
accommodation under the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA), as amended, if the Eleventh
Circuit recognizes the ADA.
The attached Order of July 25, 2013 denied reconsideration (also attached), but allowed relief under 18 USC 1651, the all writs act.
"Should Gillespie wish to petition for mandamus relief, he may file a separate petition for a writ of mandamus or prohibition with this
Court. See 28 U.S.C. 1651; Fed.R.App.P.21".
In addition, the Clerk of the Eleventh Circuit provided information for filing a petition for writ of certiorari, in forma pauperis, with
the U.S. Supreme Court, which I filed October 23, 2013, see
Petition 13-7280 Writ of Certiorari SCOTUS, Gillespie v RMS, Florida Bar
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-7280.htm
Petition 13-7280 was denied January 13, 2014; Rehearing was denied March 10, 2014. As you know, grant of certiorari is
discretionary and rare, and denial of a petition is not a judgment on the merits.
Apparently Petition 13-7280 was impaired by corruption, like Petition 12-7747 before it, and appears to involve persons within the
Supreme Court. http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-7747.htm
However it does NOT appear Justice Thomas was involved in the corruption of my petition. Justice Thomas Granted my Application
12A215 on September 13, 2012 extending time to file until December 10, 2012, see http://www.supremecourt.gov/Search.aspx?
FileName=/docketfiles/12a215.htm
Attached you will find a letter from FBI Unit Chief Brian J. Nadeau, FBI Headquarters. Since then I have been in email contact
providing information and documents to Special Agent Paul Wysopal, FBI Tampa, and Special Agent Michelle S. Klimt,
Jacksonville.
Attached is an Index to Petition 12-7747 and Rule Applications that explains the issues.
Attached is an Index to Petition 13-7280
All the files for each petition are on CD-ROM
Unanswered letter to Chief Justice John Roberts Mar-05-2014. A linked version is online,
http://nosueorg.blogspot.com/2014/08/no-response-from-chief-justice-john.html
Unfortunately I am an indigent, disabled, nonlawyer reluctantly appearing pro se. Currently this case is back in Marion County Circuit

1/12/2015

Page 2 of 5

Court, Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie et al, 42-2013-CA-000115-AXXX-XX, Marion County, Fifth Judicial
Circuit.
Unfortunately the Marion County proceedings before Judge Hale Stancil were a sham. [as were the District Court proceedings before
Judge William Terrell Hodges].
Separately I am forwarding three emails,
Email 1: December 18, 2014 to Arthur Lee Bentley, U.S. Attorney, Middle District of Florida, John Anthony Tomasino, Clerk,
Supreme Court of Florida, Tad David, General Counsel, Office of State Courts Administration, and others including the Florida
Cabinet, the JQC, and The Florida Bar. The subject line of the email is "Shame on the Hale Ralph Stancil kangaroo court - listen for
yourself".
Judge Stancil denied my motion to disqualify him, and immediately proceeded with a case management conference that turned out to
be a "hearing on all motions". The Court did not respond to my Title II ADA request for disability accommodation, so I did not attend
the hearing in person. Instead, Judge Stancil called me for a telephonic hearing, which was recorded. All my calls are recorded, see
attached my letter to Special Agent Paul Wysopal, FBI Tampa. A .wav file of the short hearing (approximately 9 minutes) is attached
to the email, and is remarkably clear. A transcript of the hearing is attached to this email. Judge Stancil has not entered an Order
following the hearing directing a response in 20 days, which expires tomorrow, I believe.
Email 2: December 24, 2014, Letter to Arthur Lee Bentley, U.S. Attorney, with attachments. This letter and attachments were filed in
the Marion Co. foreclosure case, see the Notice attached.
Email 3. January 5, 2015 to Gregory C. Harrell, General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller, and Arthur Lee Bentley, U.S. Attorney, Middle District of Florida, John Anthony
Tomasino, Clerk, Supreme Court of Florida, Tad David, General Counsel, Office of State Courts Administration, and others including
the Florida Cabinet, the JQC, and The Florida Bar.
This email concerns White Supremacy Racism and Proclamations of Confederate History Month by the Marion County Florida
BOCC, one for April 26, 2014 and one for May 7, 2013; and a Confederate statute called "Johnny Reb" removed from the courthouse.
Confederate currency posted on the government website for David R. Ellspermann, Marion County Clerk of Court & Comptroller;
News report July 14, 2014 that Deputy Chief David Borst (left) and Cpl. George Hunnewell are no longer with the Fruitland Park
Police Department after an FBI report linked them to the Ku Klux Klan. Fruitville is located in Lake County Florida and is part of the
Fifth Judicial Circuit. Marion County is also part of the Fifth Judicial Circuit.
http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/cfn/2014/7/14/fruitland_park_kkk_p.html
Marion County governments ongoing relationship with the Confederacy, and its underlying white supremacy racism, may explain the
discrimination I have encountered as a person with a disability in the wrongful foreclosure of my home on a HECM reverse mortgage,
Reverse Mortgage Solutions, Inc. vs Neil J Gillespie, et al, 2013-CA-00115, Marion County Circuit Court, Fifth Judicial Circuit.
The U.S. Eleventh Circuit has authority to make a Non-Criminal Justice Act Counsel Appointment. The U.S. Eleventh Circuit adopted
provisions for furnishing representation for persons financially unable to obtain adequate representation in cases and situations which
do not fall within the scope of 18 U.S.C. 3006A, as amended -- but in which the court believes that the interests of justice will be
served by the presence of counsel.
See Addendum Five, U.S. Eleventh Circuit, Rev.: 8/07, found online,
http://www.ca11.uscourts.gov/attorney-info/criminal-justice-act
http://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/RulesAddendum05AUG07.pdf
ADDENDUM FIVE
NON-CRIMINAL JUSTICE ACT COUNSEL APPOINTMENTS
The court adopts these provisions for furnishing representation for persons financially unable to obtain adequate
representation in cases and situations which do not fall within the scope of 18 U.S.C. 3006A, as amended but in
which the court believes that the interests of justice will be served by the presence of counsel.
(a) Determination of Need.
In determining need for appointment of counsel, the court shall generally be governed by the guidelines outlined in 18

1/12/2015

Page 3 of 5

U.S.C. 3006A.
(b) Appointment of Counsel.
(1) Counsel shall be selected from the same panels of attorneys designated or approved by the district courts of the
Eleventh Circuit as described in Addendum Four, which are hereby approved by this court, or from a bar association,
legal aid agency, or other approved organization. In addition, any judge of this court may appoint competent counsel not
otherwise included in the preceding categories.
(2) Any person seeking relief under 29 U.S.C. 621, 42 U.S.C. 1981, 42 U.S.C. 1982, 42 U.S.C. 1983, 42 U.S.C.
1985, 42 U.S.C. 1986, 42 U.S.C. 2000a, 42 U.S.C. 2000d, and 42 U.S.C. 2000e or in such other cases as the court
shall determine to be appropriate may be eligible for representation. The court may approve such representation on a
determination that the interests of justice so require and that the person is financially unable to obtain representation.
Currently there are two federal court orders permitting me to litigate this foreclosure in federal court. U.S. Judge Wm. Terrell Hodges,
in Order Remanding Case (Doc 19), [fn1, p.4],
This Order should not be interpreted as a ruling concerning whether, or to what extent, Mr. Gillespie can sue HUD in a
separate action. Rather, this Order is limited to whether the Court has subject matter jurisdiction over the specific action
that has been removed to this Court".
The U.S. Eleventh Circuit entered a favorable Order July 25, 2013 that states in relevant part: "Should Gillespie wish to petition for
mandamus relief, he may file a separate petition for a writ of mandamus or prohibition with this Court. See 28 U.S.C. 1651;
Fed.R.App.P.21".
So there are two federal court orders permitting this case in federal court, which is required due to the subject matter, a disputed
federal Home Equity Conversion Mortgage, or HECM.
A HECM does not require a homeowner to make mortgage payments as a conventional mortgage does. Instead, a HECM does not
become due and payable until the last surviving homeowner dies or no longer lives in the home. 12 U.S.C. 1715-z20(j) Safeguard to
prevent displacement of homeowner. The HECM becomes due and payable in full "if a mortgagor dies and the property is not the
principal residence of at least one surviving mortgagor....and no other mortgagor retains title to the property." 24 C.F.R. 206.27(c).
I am one of two surviving HECM mortgagors, and the only surviving homeowner living in the home, alone, in substantial compliance
with the HECM Note, making this foreclosure of a HECM premature. My bother Mark Gillespie of Fort Worth Texas is also a
surviving borrower, but he does not live in the home. The HECM becomes due and payable in full "if a mortgagor dies and the
property is not the principal residence of at least one surviving mortgagor....and no other mortgagor retains title to the property." 24
C.F.R. 206.27(c). Mortgagor Ms. Gillespie died in 2009.
But I am a surviving borrower or mortgagor living in the home as my principal residence, and retain title to the property. Therefore I
dispute the Plaintiffs allegations in its "Verified Complaint to Foreclose Home Equity Conversion Mortgage". That means a
substantial disputed issue of federal HECM law is a necessary element of the Plaintiffs state law foreclosure claim that this HECM is
due and payable. The district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S. Constitution, Article III,
Section 2 for "all cases, in law and equity, arising under this Constitution, [and] the laws of the United States...".
Currently pending in the Florida Supreme Court, Case No. SC14-1637, Neil J Gillespie v. The Florida Bar, is a public records petition
under Bar Rule 1-14.1(a) Access to Records,
http://www.floridabar.org/divexe/rrtfb.nsf/FV/1C7E7D34CC6C492685256BBC005DDA00
Please find attached five important Orders in SC14-1637
2014, 10-15-14, ORDER SC14-1637 Granted in part, counsel denied
2014, 10-21-14, ORDER SC14-1637 Vacated earlier order, etc
2014, 11-26-14, ORDER SC14-1637 Petitioners IFP motion GRANTED
2014, 11-26-14, ORDER SC14-1637 prior IFP order Vacated
2014, 12-14-14, ORDER SC14-1637 Granted Time to Jan-12-2015
The petition is due Monday January 12, 2015. Disability issues are also involved, see attached my ADA Title II request, parts except
C.A.11-No.12-11213-C Amended Disability Motion-Aug-09-2012, PACER due to the large file size, and already filed with the
Eleventh Circuit. Separately attached is C.A.11-No.12-11213-C Amended Disability Motion-Aug-09-2012 PDF which is much easier
to read than the PACER version, and a much smaller file size.
So there are really two petitions due Monday January 12, 2015, one on the merits, and a right to counsel appointment. However my
petitions will show a conflict with all the Florida Justices except Justice Canady, and SC11-1622 and SC11-858.
I am also in the process of writing a consolidated letter to organizations for people with craniofacial and speech disorders. This is a

1/12/2015

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slow process, and involves going through old correspondence, and creating a coherent message. Attached is a letter from J. Peter
Hoguet of April 15, 1994 to me, and page 88 of the proceedings referenced in the letter, which is my question about insurance
coverage during the conference. There is too much information for one letter, which is why I created a separate web page dedicated to
the issues http://www.nosue.org/facematters-org/
Currently there are 41 names on my contact list, and a couple of names to add. From the ACPA, http://www.acpacpf.org/who_we_are/officers_council_members_and_committees/
Also the Officers of the Board, Board of Trustees & Honorary Trustees, for The National Foundation for Facial Reconstruction
(NFFR), DBA myFace in New York http://myface.org/our-board/
There are people on this board that will know and understand the issues once my letter is done. For example, Carolyn Spector, J.D.,
LL.M., Executive Director of myFace, is an attorney, http://myface.org/our-staff/
In conclusion, I will begin working on a petition under 18 USC 1651, the all writs act, to stay the proceedings in Marion County,
Reverse Mortgage Solutions, Inc. vs Neil J Gillespie, et al, 2013-CA-00115, Marion County Circuit Court, Fifth Judicial Circuit.
There are conflicts with Florida Supreme Court Justices in SC14-1637. Perhaps SC14-1637 should be included in a petition under 18
USC 1651, the all writs act.
Thank you Ms. Price.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Tara_Price@ca11.uscourts.gov
To: neilgillespie@mfi.net
Sent: Monday, January 05, 2015 10:53 AM
Subject: Fw: Judge blasts Florida for depriving children of needed healthcare
Dear Mr. Gillespie:
Per your request, the ruling was issued in Case No. 1:05-cv-23037-AJ, and the docket entry is 1294.
Please let me know if I may be of further help.
Thanks- Tara
Tara R. Price

Law Clerk to the Honorable Adalberto Jordan


U.S. Court of Appeals for the Eleventh Circuit
99 N.E. 4th Street
Suite 900

Miami, Florida 33132


Phone: 305.523.5563
E-mail: Tara_Price@ca11.uscourts.gov
----- Forwarded by Tara Price/CA11/11/USCOURTS on 01/05/2015 10:48 AM -----

----- Forwarded by Adalberto Jordan/CA11/11/USCOURTS on 01/05/2015 10:39 AM ----From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Honorable Adalberto J Jordan" <ajordan@ca11.uscourts.gov>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 01/04/2015 09:11 PM
Subject: RE: Judge blasts Florida for depriving children of needed healthcare

1/12/2015

Page 5 of 5

U.S. Circuit Judge Adalberto Jordan


United States Court of Appeals for the Eleventh Circuit
RE: Judge blasts Florida for depriving children of needed healthcare http://miamiherald.typepad.com/nakedpolitics/2015/01/judgeblasts-florida-for-depriving-children-of-needed-healthcare.html
Dear Judge Jordan:
I have been unable to locate your 153 page ruling described in numerous news accounts, or even the case caption, case number, or
link to the ruling. If this information is available, would you kindly have someone respond on your behalf?
I regret contacting you directly, but the Eleventh Circuit unfortunately does not provide email access for questions. From past
experience I know telephone calls to the court are futile for questions of this type.
Thank you, Your Honor.
Sincerely
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481

1/12/2015

Page 1 of 4

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


<Tara_Price@ca11.uscourts.gov>
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Tuesday, January 06, 2015 1:27 PM
Motion-Disqualif-JUDGE-Stancil-Filing 21743681 Filed 12-18-2014 05.23.27 AM.pdf; 2014, 12-18-14, 10.13am, call from Judge Hale Stancil,
telephonic hearing, RMS v Gillespie.wav; 29.007 Court-appointed counsel (2014).pdf; American Bar Assn. Civil Right to Counsel in State Civil
Proceedings.pdf; 7. ABA Journal, Brain injury suspension for lawyer; couldn't stick to tasks (comp).pdf; 2. Social Security Admin disability notice
letter August 23, 1993.pdf; 1. The ADA-One Avenue to Appointed Counsel Before a Full Civil Gideon.pdf; 3. Social Security Admin disability letter
August 1, 2012, no review needed.pdf; 4. ER report Hahnemann U. Hospital Phila, Aug-20-1988, 661k.pdf; 6. C.A.11-No.12-11213-C Amended
Disability Motion-Aug-06-2012, PDF.pdf; Gillespie ADA request letter to Silvester Dawson, ADA Coordinator, Supreme Court.pdf
Fw: Shame on the Hale Ralph Stancil kangaroo court - listen for yourself

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


To: A. Lee Bentley ; DOJ ADA ; John Anthony Tomasino ; Tad David ; Paul F Hill ; John Thomas Berry ; John F Harkness ; Gregory William Coleman ; Adria E
Quintela ; Ramon A. Abadin ; Gov. Rick Scott ; Pam Bondi, AG ; Adam Putnam, Comm. ; Jeff Atwater, CFO ; ADA OSCA ; Public Information Office ; Patricia
Ann Toro Savitz ; Jon Marshall Oden ; Robert J. Stovash ; Barry Rodney Davidson ; Frank Harlan Killgore Jr. ; Michael Schneider ; Neil Gillespie
Cc: Hon. Hale R Stancil ; Hon. Don F Briggs ; Grace Ann Fagan ; McCalla Raymer E-service ; Tameka Gordon, ADA Coordinator ; Jane Bond ; Robyn Katz ;
Greg Harrell
Sent: Thursday, December 18, 2014 5:11 PM
Subject: Shame on the Hale Ralph Stancil kangaroo court - listen for yourself

Arthur Lee Bentley, U.S. Attorney


Middle District of Florida
Congratulations on your Senate voice vote confirmation December 16, 2014.
This is a request for assistance with the ADA Amendments Act 2008, and
disability discrimination in the Florida Fifth Judicial Circuit
John Anthony Tomasino
Supreme Court of Florida
tomasino@flcourts.org
Tad David, General Counsel
Office of State Courts Administration
davidt@flcourts.org
Dear Mr. Tomasino,
Please find attached a .wav recording of a hearing earlier today consented to by Judge Hale Stancil. What provision does the Supreme Court of
Florida have to receive this recording in a proceeding? I am planning a motion for appointment of counsel under the ADA and want to show the
Supreme Court the what passes as due process in certain rogue courts.
While there are many issues with the way Judge Stancil conducted the hearing this morning, the judge said I cannot represent my interest in a
family trust where I am the sole trustee. The only trust asset is the home in foreclosure. Because I am not able to obtain counsel, my only option is
a counsel appointment under the ADA. I raised this during the Stancils "hearing" to no avail.
Because of brain injury, I cannot participate in a hearing, which is obvious from the recording. There is a breakdown in my ability to put into
spoken words what I am thinking. Judge Stancil feigned ignorance of civil counsel appointment under Florida law. He is wrong, but I was not able
to put into spoken words what I was thinking, or knew from past research, set forth below in writing, after referring that earlier research:
The Supreme Court of Florida currently has a duty and the authority to administratively provide legal counsel to unrepresented persons under the
Sixth Amendment to the U.S. Constitution, and the ADA Amendments Act of 2008, and "in any situation in which the court appoints counsel to
protect a litigants due process rights" 29.007 Court-appointed counsel. http://www.leg.state.fl.us/STATUTES/index.cfm?
App_mode=Display_Statute&Search_String=&URL=0000-0099/0029/Sections/0029.007.html
In addition, there is sufficient evidence to support universal counsel appointment under Powell vs. Alabama, 287 U.S. 45.
MR. JUSTICE SUTHERLAND delivered the opinion of the Court...."If in any case, civil or criminal, a state or federal court were arbitrarily to
refuse to hear a party by counsel, employed by and appearing for him, it reasonably may not be doubted that such a refusal would be a denial of a
hearing, and, therefore, of due process in the constitutional sense..."
"...The right [p69] to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent
and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for
himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be put on trial
without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the
skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in
the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his
innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect. If in any case,
civil or criminal, a state or federal court were arbitrarily to refuse to hear a party by counsel, employed by and appearing for him, it reasonably may
not be doubted that such a refusal would be a denial of a hearing, and, therefore, of due process in the constitutional sense..."
Powell v. Alabama, 287 U.S. 45
Argued: October 10, 1932

1/12/2015

Page 2 of 4

Decided: November 7, 1932


224 Ala. 524, 531, 540, reversed.
http://www.law.cornell.edu/supremecourt/text/287/45
During the hearing Judge Stancil announced his test for legal competency: The ability to drive a car. This is nonsensical, as I drive a car and never
have to make a legal argument while driving. A person who cannot speak can drive a car, but could not represent themselves in court. Stancil also
relies on the drivers license test: If a person has a Florida drivers license, then they are competent to represent themselves. Under that nonsense,
my drivers license should be sufficient proof to be admitted to The Florida Bar, without law school, bar exam or character check.
Currently Florida administratively provides legal counsel in compliance with the Sixth Amendment by and through the Florida Statutes, Title V,
Judicial Branch, Chapter 27 State Attorneys; Public Defenders; Related Offices, Part III, Public Defenders and Other Court-Appointed Counsel.
Section 27.40(1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under
the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as
authorized in s. 27.51. The office of criminal conflict and civil regional counsel shall be appointed to represent persons in those cases in which
provision is made for court-appointed counsel but the public defender is unable to provide representation due to a conflict of interest or is not
authorized to provide representation.
(2)(a) Private counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel but the office
of criminal conflict and civil regional counsel is unable to provide representation due to a conflict of interest.
(b) Private counsel appointed by the court to provide representation shall be selected from a registry of individual attorneys maintained under this
section.
(3) In using a registry:
(a) The chief judge of the circuit shall compile a list of attorneys in private practice, by county and by category of cases, and provide the list to the
clerk of court in each county. The chief judge of the circuit may restrict the number of attorneys on the general registry list. To be included on a
registry, an attorney must certify that he or she:
1. Meets any minimum requirements established by the chief judge and by general law for court appointment;
2. Is available to represent indigent defendants in cases requiring court appointment of private counsel; and
3. Is willing to abide by the terms of the contract for services.
As for showing disability, Stancil took testimony from opposing counsel on my disability. That is beyond outrageous.
Because I receive Social Security Disability benefits pursuant to Title II of the Social Security Act, and was eligible for vocational rehabilitation
services, I am aware of a standard:
413.30 Eligibility for vocational rehabilitation services.
(2) Determinations by other state or federal agencies regarding whether an individual satisfies one or more factors relating to the determination that
an individual has a disability may be used. Individuals determined to have a disability pursuant to Title II or Title XVI of the Social Security Act
shall be considered to have a physical or mental impairment that constitutes or results in a substantial impediment to employment and a significant
disability.
Florida already administratively provides counsel, and could do so under the ADA upon "Determinations by other state or federal agencies
regarding whether an individual satisfies one or more factors relating to the determination that an individual has a disability"
Curtis Wilson for McCalla Raymer lied to the judge about pending motions. Wilson mentioned Defendants MOTION TO DISMISS filed, February
4, 2013, but did not tell the judge about Defendants' Rule 1.150 Motion to Strike Sham Pleadings, filed July 25, 2014.
Wilson also lied about my motion to quash service. Wilson told the judge the motion was based on lack of ADA language. Wilson failed to tell the
judge that the summons for me personally had the wrong date - by a year. Here are some paragraphs from my motion to quash summons:
4. Service of process must strictly comply with all relevant statutory provisions. Walker v. Fifth Third Mortgage Company, 2012 WL 5457220,
No. 5D12-3187 (Fla. 5th Dist. Ct. App. 2012) citing Shurman v. Atlantic Mortgage & Investment Corp. (Fla. 2001) (holding that "statutes
governing service of process are to be strictly construed and enforced") see also Re-Employment Services, Ltd v. National Acquisitions Co., 969
So. 2d 467 (Fla. 5th Dist. Ct. App. 2007) (holding that "courts require strict construction of, and compliance with, the provisions of statutes
governing service of process").
Strict compliance? Not in the Hale Ralph Stancil kangaroo court.
7. The party seeking to invoke the courts jurisdiction has the burden to prove the validity of service of process. Torres v. Arnco Constr., Inc., 867
So. 2d 583, 587 (Fla. 5th DCA 2004).
Burden of proof? Not in the Hale Ralph Stancil kangaroo court
9. Because Plaintiff failed to strictly comply with the requirements of Fla. Stat. 48.031(5), service of process must be quashed. Vidal, 41 So. 3d
401; see also Gamboa v. Jones, 455 So. 2d 6] 3 (Fla. 3d Dist. Ct. App. 1984).
Service of process must be quashed. HA HA, Not in the Hale Ralph Stancil kangaroo court!
Dear Mr. David,
No one has responded to my ADA request submitted in Marion County. What will OSCA do to assure compliance with the ADA Amendments Act

1/12/2015

Page 3 of 4

of 2008?
Civil counsel may be appointed "in any situation in which the court appoints counsel to protect a litigants due process rights" 29.007 Courtappointed counsel.
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0029/Sections/0029.007.html
29.007 Court-appointed counsel.For purposes of implementing s. 14, Art. V of the State Constitution, the elements of court-appointed counsel
to be provided from state revenues appropriated by general law are as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot be represented by the public defender or
the office of criminal conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent
indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional
guarantees and federal and state statutes.
Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court determines that the litigant is indigent for
costs; or when the litigant is acting pro se and the court determines that the litigant is indigent for costs at the trial or appellate level. This section
applies in any situation in which the court appoints counsel to protect a litigants due process rights.
Unfortunately Hale Ralph Stancil knowingly failed to protect my due process rights. I consider that a deprivation of rights under the color of law,
in violation of 18 USC 242. http://www.justice.gov/crt/about/crm/242fin.php
THE BANKS DESTROYING AMERICA, Florida attorney Matt Weidner, http://youtu.be/BsLoG4Q8k58
An Occupy.com Profile: Captain Ray Lewis, http://youtu.be/jv_CcmRZ7zc
The American Bar Association (ABA) recently added a "Civil Right to Counsel" page, "Law Governing Appointment of Counsel in State Civil
Proceedings", http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html with 50 research reports,
one for each state detailing existing authority for appointment of counsel in various types of civil proceedings. There is an Appendix: International
Law Relating to Appointment of Counsel in Civil Proceedings.
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_appendix.authcheckdam.pdf
Florida law for civil counsel appointment.
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_fl.authcheckdam.pdf
Law Addressing Authorization or Requirement to Appoint Counsel in Civil Proceedings Generally
State Statutes and Court Decisions Interpreting Statutes
Fla. Stat. 29.007 (2011) ("Court-appointed counsel") provides:
For purposes of implementing s. 14, Art. V of the State Constitution [relating to funding
of the judiciary], the elements of court-appointed counsel to be provided from state
revenues appropriated by general law are as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is
indigent and cannot be represented by the public defender or the office of criminal
conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent
indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional
guarantees and federal and state statutes.
...
This section applies in any situation in which the court appoints counsel to protect a
litigants due process rights.
A private attorney appointed by a court pursuant to 29.007 (2011) "shall be reimbursed for reasonable and necessary expenses" incurred during
representation. Fla. Stat. 27.5304 (2011). Fla. Stat. 27.5304 lists the fat fees to be awarded to private attorneys. Counsel may seek compensation
in excess of the fat fees listed in 27.5304 only if "compensation on an hourly basis at a rate of $75.00 would be at least double the fat fee." Justice
Admin. Comm'n v. Shaman, 59 So. 3d 1231 (Fla. App. 2011).
The ABA report shows Florida is authorized to appoint counsel in Specific Types of Civil Proceedings, page 2,
Law Addressing Authorization or Requirement to Appoint Counsel in Specific Types of Civil Proceedings
1. Shelter
Federal Statutes and Court Decisions Interpreting Statutes
The federal Fair Housing Act, contained within Title VIII of the Civil Rights Act of 1968, provides that "[a]n aggrieved person may commence a
civil action in an appropriate United States district court or State court." 42 U.S.C. 3613 (a)(1)(A). Further, "[u]pon application by a person
alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may-- (1) appoint an attorney for such
person." 42 U.S.C. 3613(b).
On December 10, 2013 I filed a civil rights complaint against McCalla Raymer LLC, et al. and others with the Florida Commission on Human
Relations (FCHR) the complaint was ignored and dismissed. However my HUD complaint also claimed under civil rights.
Forward
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_foreword.authcheckdam.pdf
"It is a commonplace for courts throughout the United States to announce, "there is no right to counsel in civil cases in this state." Yet, in truth, in
every state there are at least a few categories of civil cases in which indigent litigants have a right to counsel. Indeed in some jurisdictions there are

1/12/2015

Page 4 of 4

many such rights. It also is not unusual for state law to grant judges a discretionary power to appoint counsel for such litigants in still other kinds of
cases, or even for all civil cases."
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
352-854-7807
neilgillespie@mfi.net

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


To: Hon. Hale R Stancil ; DOJ ADA ; Hon. Don F Briggs ; Grace Ann Fagan ; McCalla Raymer E-service ; Tameka Gordon, ADA Coordinator ; Jane Bond ;
Robyn Katz ; Patricia Ann Toro Savitz ; Barry Rodney Davidson ; Frank Harlan Killgore Jr. ; Robert J. Stovash ; Jon Marshall Oden
Cc: Hon. Don F Briggs ; Grace Ann Fagan ; McCalla Raymer E-service ; Neil Gillespie
Sent: Thursday, December 18, 2014 10:03 AM
Subject: Motion-Disqualif-JUDGE-Stancil-Filing 21743681 Filed 12-18-2014 05.23.27 AM

Judge Stancil,
This email is to confirm that Sue Starling received my faxed motion to disqualify you, that was served on you at 5.23 AM today by the Florida
Courts E-filing portal. Sue said you were going ahead with the hearing anyway. That is contrary to law. I left a message that I can attend
telephonically. A copy of the motion to disqualify you is attached.
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, Florida 34481

1/12/2015

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


<Tara_Price@ca11.uscourts.gov>
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Tuesday, January 06, 2015 1:30 PM
LETTER TO ARTHUR LEE BENTLEY, U.S. ATTORNEY-DEC-24-2014.pdf; 2014, 12-19-14, email
Paul Hill re UPL closed.pdf; 4D06-3761.order EHQF Trust v. S & A Capital Partners, Inc..pdf; 2014,
12-18-14, Order Denying Motion Disqualif-NJG..pdf; 2014, 12-18-14, Order Denying Motion DisqualifTrust..pdf; 2014, 12-18-14, Order Denying Motion Disqualif-Unknown..pdf; Foreclosure-BenchBook2013.pdf; Acceptance of Office NJG sole-trustee 5p.pdf; AOSC14-66 Dilligent Judges-SC.pdf;
Congress Inquiry of Sen Rubio to CFPB - 13p binder.pdf; Florida Bar Closing ltr. to Neil Gillespie
05.05.14.pdf; Florida Bar Trust question, 13 Fla. Jur 2d Creditors' Rights 91.pdf; Steven H.L.
Bowman (Bar ID 434396) Disbarred 3p.pdf; Mark Gillespie authorization to CFPB-FOIA, section
1070.14(f).pdf; Neil Gillespie response to CFPB-FOIA May-09-14.pdf; Notice of Trust, filed June-242014, 6p color.pdf; RMS v Gillespie et al, 5 page complaint, my scan.pdf; RULE 1.100. PLEADINGS
AND MOTIONS.pdf; RULE 1.115. PLEADING MORTGAGE FORECLOSURES.pdf; Rule 1.200 Case
Management Conference DEC-2014.pdf
Fw: LETTER TO ARTHUR LEE BENTLEY, U.S. ATTORNEY-DEC-24-2014

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


To: Lee Bentley
Cc: Neil Gillespie
Sent: Wednesday, December 24, 2014 11:15 AM
Subject: LETTER TO ARTHUR LEE BENTLEY, U.S. ATTORNEY-DEC-24-2014

1/12/2015

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


<Tara_Price@ca11.uscourts.gov>
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Tuesday, January 06, 2015 1:32 PM
2014, 04-22-14, email BofA Investor Relations Judge Hodges 3p.pdf; 2012, 09-20-12, letter from
Chris Pickle, BOA.pdf; 2012, 10-01-12, letter from Chris Pickle, BOA, wants will, w env.pdf; 2013, 0201-13, Jason Powell, BOA, my scan.pdf; 2013, 03-19-13, CFPB close-out letter to NJG.pdf; 2013, 0328-13, Jason Powell, BOA, to NJG.pdf; 2014, 03-12-14, ltr from Anthony Boney, BofA.pdf; 2014, 0319-14, letter of Anthony Boney.pdf; 2014, 05-28-14, FOIA request to Martin Michalosky, FOIA
Manager.pdf; 2014, 05-23-14, CFPB-final records, 8p new & old notes 9p.pdf; 2014, 06-02-14, letter
Martin Michalosky, addresses-jobs 9p.pdf
Fw: Additional exhibits only to prior letter; thank you

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


To: Lee Bentley
Cc: Neil Gillespie
Sent: Wednesday, December 24, 2014 11:28 AM
Subject: Additional exhibits only to prior letter; thank you

1/12/2015

Page 1 of 4

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


<Tara_Price@ca11.uscourts.gov>
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Tuesday, January 06, 2015 1:35 PM
Records request to Mr. Harrell, Art. I, Sec. 24, Florida Constitution.pdf; Another records request to Mr. Harrell, Jan-02-2015.pdf;
Records request to County Attorney Guy Minter-Jan-02-2015.pdf; mosbflstainlessbannerwinter2013.pdf; _Corner Stone_ Speech _
Teaching American History.pdf; Cornerstone Speech - Wikipedia.pdf; Letter to James M. Calhoun, et al.pdf; FDLE_ 2 Fruitland Park
police officers in KKK _ Lake County.pdf; Ku Klux Klan in Florida, Sun Sentinel.pdf; 1861, Jan-25-61, NYT Treason Against the United
States.pdf; White supremacy - Wikipedia.pdf; 18 U.S. Code 2381 - Treason.pdf; 18 USC 242 DOJ DEPRIVATION OF RIGHTS
UNDER COLOR OF LAW.pdf; Battle of Fort Sumter - Wikipedia.pdf; 2013, Proclamation Marion BOCC Confederate History Month.pdf;
2014, Proclamation Marion BOCC Confederate History Month.pdf
Proclamations of Confederate History Month by the Marion County Florida BOCC

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


To: Greg Harrell ; Lee Bentley ; DOJ ADA ; Ramon A. Abadin ; Adria E Quintela ; Gregory William Coleman ; John F Harkness ; John Thomas
Berry ; Paul F Hill ; Pam Bondi, AG ; Jeff Atwater, CFO ; Gov. Rick Scott ; Adam Putnam, Comm. ; Public Information Office ; Patricia Ann Toro
Savitz ; Frank Harlan Killgore Jr. ; Barry Rodney Davidson ; Jon Marshall Oden ; Robert J. Stovash ; John Anthony Tomasino ; Michael
Schneider ; Carl Zalak ; David Moore ; Earl Arnett ; Kathy Bryant ; Stan Mcclain ; Guy Minter ; David Ellspermann ; Grace Ann Fagan ; Hon. Don F
Briggs ; Hon. Hale R Stancil ; Tameka Gordon, ADA Coordinator ; Tad David ; OSCA email ; ADA OSCA
Cc: Neil Gillespie
Sent: Monday, January 05, 2015 5:56 PM
Subject: Re: Another records request to Mr. Harrell, Jan-02-2015

Gregory C. Harrell
General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
Mr. Harrell,
Randy Kerlin died January 23, 2013, see page 6 of the attached "The Stainless Banner" Florida Society of the Military Order of the
Stars and Bars Issue 18: Winter 2013, also online at the link.
http://www.mosbfl.org/sitebuildercontent/sitebuilderfiles/mosbflstainlessbannerwinter2013.pdf
"Ocala - Mr. James Randall "Randy" Kerlin, 57, of Ocala, passed away on Wednesday, January 23, 2013. Randy was born in
Selma, Alabama on March 22, 1955. He was a youth counselor for the Methodist Church and volunteered at the Museum of
Southern History in Jacksonville. He particularly loved history including the war between the states."
The death of Randy Kerlin January 23, 2013 therefore negates your contention below for Proclamations of Confederate History Month
by the Marion County Florida BOCC, one for April 26, 2014 and one for May 7, 2013, that:
"After being signed, both proclamations were apparently given to the recipient without copies being made. It is believed that
both were received by Randy Kerlin, who accepted them on behalf of the Military Order of the Stars and Bars, the United
Daughters of the Confederacy, the Children of the Confederacy, and the Sons of Confederate Veterans."
Neither Proclamation shows they were intended to be presented any particular "recipient", which further undermines your credibility.
Marion County governments ongoing adoration of the Confederacy, and its underlying white supremacy racism, may explain the
discrimination I have encountered as a person with a disability in the wrongful foreclosure of my home on a HECM reverse mortgage,
Reverse Mortgage Solutions, Inc. vs Neil J Gillespie, et al, 2013-CA-00115, Marion County Circuit Court, Fifth Judicial Circuit.
Marion County governments love affair with the Confederacy undermines the fair treatment and Civil Rights of residents who
disagree with and fail to support white supremacy racism.
Marion Countys proclamation of "Confederate History Month" is an affront to Humanity. Propaganda glorifying the unprovoked
Confederate attack on the United States at Fort Sumter, and the resulting American Civil War, undermines our society and promotes
the Ku Klux Klan.
Bay News 9 reported July 14, 2014 that Deputy Chief David Borst (left) and Cpl. George Hunnewell are no longer with the Fruitland
Park Police Department after an FBI report linked them to the Ku Klux Klan. Fruitville is located in Lake County Florida and is part
of the Fifth Judicial Circuit. Marion County is also part of the Fifth Judicial Circuit.
http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/cfn/2014/7/14/fruitland_park_kkk_p.html

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White Supremacy Racism


http://en.wikipedia.org/wiki/White_supremacy
"White supremacism is the racist belief, or promotion of the belief, that white people are superior to people of other racial
backgrounds and that therefore whites should politically, economically and socially dominate non-whites. The term is also
typically used to describe a political ideology that perpetuates and maintains the social, political, historical and/or industrial
dominance of whites..."
"White supremacy was dominant in the United States before the American Civil War and for decades after Reconstruction.[3] In
large areas of the United States, this included the holding of non-whites (specifically African Americans) in chattel slavery. The
outbreak of the Civil War saw the desire to uphold white supremacy cited as a cause for state secession[4] and the formation of
the Confederate States of America.[5]"
I object to the waste of public time and public resources spent in support of the Confederacy and its inherent white supremacy racism,
bigotry and injustice. The Proclamation is also incorrect. This Confederate nonsense is not "history". No Mr. Harrell, it is propaganda
designed to promote white supremacy racism, and undermine the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S.
Constitution, and Civil Rights legislation of the United State, including the Americans With Disabilities Act, and the Rehabilitation
Act of 1973.
For a historical record, read the Cornerstone Speech.
http://en.wikipedia.org/wiki/Cornerstone_Speech
The Cornerstone Speech, also known as the Cornerstone Address, was delivered extemporaneously by Confederate Vice
President Alexander Stephens at the Athenaeum in Savannah, Georgia on March 21, 1861.
The speech explained what the fundamental differences were between the constitutions of the Confederacy and that of the
United States, laid out the Confederate causes for the American Civil War, and defended slavery. The Cornerstone Speech
became so known for Stephens' asserting:
Our new Government is founded upon exactly the opposite ideas; its foundations are laid, its cornerstone rests, upon the great
truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal
condition.[1]
The speech was given weeks after the secession of South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, and then
Texas and less than three weeks after the inauguration of U.S. President Lincoln...
Also see the Cornerstone Speech on Teaching American History.
http://web.archive.org/web/20130822142313/http://teachingamericanhistory.org/library/document/cornerstone-speech/
There was no "war between the states". The Confederacy commenced an unprovoked attack against the United States of America, not
unlike Osama bin Laden and his confederates attacked the United States on September 11, 2001. Confederates and the Ku Klux Klan
are Terrorists.
Confederate attack on the United States at Fort Sumter
http://en.wikipedia.org/wiki/Battle_of_Fort_Sumter
"The Battle of Fort Sumter (April 1214, 1861) was the bombardment and surrender of Fort Sumter, near Charleston, South
Carolina, that started the American Civil War. Following declarations of secession by seven Southern states, South Carolina
demanded that the US Army abandon its facilities in Charleston Harbor...."
For another historical record, read General Shermans letter September 12, 1864 to James M. Calhoun, et al.
http://teachingamericanhistory.org/library/document/letter-to-james-m-calhoun-et-al/
"You cannot qualify war in harsher terms than I will. War is cruelty, and you cannot refine it; and those who brought war into
our country deserve all the curses and maledictions a people can pour out. I know I had no hand in making this war, and I know
I will make more sacrifices to-day than any of you to secure peace. But you cannot have peace and a division of our country. If
the United States submits to a division now, it will not stop, but will go on until we reap the fate of Mexico, which is eternal,
war. The United States does and must assert its authority, wherever it once had power; for, if it relaxes one bit to pressure, it is
gone, and I believe that such is the national feeling."
The unlawful actions of persons in the Marion County/Fifth Judicial Circuit Court system, such as Judge Hale Stancil and Grace
Fagen, should be prosecuted to the fullest extent of the law. Their disregard of the Constitution and laws of the United States in my
case amounts a deprivation of rights under color of law, 18 USC 242. http://www.justice.gov/crt/about/crm/242fin.php
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or

1/12/2015

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privilege protected by the Constitution or laws of the United States.


For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the
their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the
official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law
within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges,
care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be
motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances
of the crime, and the resulting injury, if any.
The New York Times reported January 25, 1861, "Treason Against the United States" showing the Confederate attack on the United
States was treason.
http://www.nytimes.com/1861/01/25/news/treason-against-the-united-states.html
18 U.S. Code 2381 - Treason
http://www.law.cornell.edu/uscode/text/18/2381
"Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and
comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than
five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United
States."
This current wave of Confederate propaganda in Marion County and elsewhere in Florida is not about history, it is a calculated attack
on the United States of America, a subversive plan, a white supremacy plan, to undermine democracy and the Civil Rights of Human
Beings. I urge the Justice Department to protect our citizens and residents from this attack on America, and bring the perpetrators to
justice.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
----- Original Message ----From: Greg Harrell
To: Neil Gillespie
Sent: Monday, January 05, 2015 3:11 PM
Subject: Re: Another records request to Mr. Harrell, Jan-02-2015
As it turns out, Mr. Gillespie, the total will actually be just $3.30 total for the two requests. I was apparently mistaken in one of my prior e-mails. I apologize
for that. We do not actually have signed copies of either proclamation. After being signed, both proclamations were apparently given to the recipient without
copies being made. It is believed that both were received by Randy Kerlin, who accepted them on behalf of the Military Order of the Stars and Bars, the
United Daughters of the Confederacy, the Children of the Confederacy, and the Sons of Confederate Veterans.
You may contact Donna Mahnken at 352/671-5635 to make the payment via debit card.
Sincerely,
Greg Harrell
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
>>> "Neil Gillespie" <neilgillespie@mfi.net> 1/5/2015 2:57 PM >>>

Mr. Harrell,
I would like to pay by debit card $3.30 for this record, and 0.30 for the other record, $3.60 total, is that correct? I will provide you a
UPS return shipping label. Thank you.
Neil J. Gillespie
----- Original Message ----From: Greg Harrell

1/12/2015

Page 4 of 4

To: Neil Gillespie


Sent: Monday, January 05, 2015 2:21 PM
Subject: Re: Another records request to Mr. Harrell, Jan-02-2015
Mr. Gillespie:
The Clerk's office is in possession of 22 pages' worth of documents responsive to this request. The records will be provided upon your paying the $3.30
copying costs.
The documents include the County's Schedule of Expenditures of Federal Awards (a/k/a SEFA reports) for years 2010-2014. Upon receipt of the documents,
if you look under the "Federal Grantor" column, you will see descriptions for all funds received by the County from the Federal Government; and all monies
tied to the American Recovery and Reinvestment Act of 2009 are identified by the "ARRA" acronym. It is my understanding that the SEFA report for 2014
may yet be amended to reflect some additional ARRA monies that will be used to help fund expansion of the Drug Court program.
The documents also include a Project Transaction Analysis that was run by the Clerk's Finance Department listing all donations for the moving of the Civil
War statue.
Sincerely,
Greg Harrell

Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
>>> "Neil Gillespie" <neilgillespie@mfi.net> 1/2/2015 1:54 PM >>>

1/12/2015

Page 1 of 1

Neil Gillespie
From:
"Neil Gillespie" <neilgillespie@mfi.net>
To:
<Tara_Price@ca11.uscourts.gov>
Cc:
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Sent:
Tuesday, January 06, 2015 1:44 PM
Subject: RE: Confederate currency displayed on the Marion County Clerk's website
----- Original Message ----From: Neil Gillespie
To: Greg Harrell ; Lee Bentley ; DOJ ADA ; Ramon A. Abadin ; Adria E Quintela ; Gregory William Coleman ;
John F Harkness ; John Thomas Berry ; Paul F Hill ; Pam Bondi, AG ; Jeff Atwater, CFO ; Gov. Rick Scott ;
Adam Putnam, Comm. ; Public Information Office ; Patricia Ann Toro Savitz ; Frank Harlan Killgore Jr. ; Barry
Rodney Davidson ; Jon Marshall Oden ; Robert J. Stovash ; Michael Schneider ; Tad David ; OSCA email ; ADA
OSCA ; John Anthony Tomasino ; Carl Zalak ; David Moore ; Earl Arnett ; Kathy Bryant ; Stan Mcclain ; David
Ellspermann ; Grace Ann Fagan ; Hon. Don F Briggs ; Hon. Hale R Stancil ; Tameka Gordon, ADA Coordinator
Cc: Neil Gillespie
Sent: Monday, January 05, 2015 6:11 PM
Subject: Re: Records request to Mr. Harrell, Art. I, Sec. 24, Florida Constitution

FYI - Confederate currency displayed on the Marion County Clerk's website.


----- Original Message ----From: Greg Harrell
To: Neil Gillespie
Sent: Monday, January 05, 2015 2:21 PM
Subject: Re: Records request to Mr. Harrell, Art. I, Sec. 24, Florida Constitution
Mr. Gillespie:
Copies of the executed versions of both proclamations will be made available to you upon your payment of the $0.30
total copying cost.
The confederate money, images of which are on the Clerk's website, was found in connection with our office's purging
of circuit civil court and probate court files that have met state retention requirements. The file(s) in which the money
was found did not attribute the money to any particular case, and we are not aware of any other confederate
records currently being displayed by the Clerk. Pursuant to Section 2-77 of the Marion County Code of Ordinances, the
Clerk is a member of the county historical commission. In that role, the Clerk has taken an interest in placing images of
old historical photos and the found currency on his website. It was his decision to do so. He did not need - and, thus, did
not seek - any authorization to do so.
Sincerely,
Greg Harrell

Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
>>> "Neil Gillespie" <neilgillespie@mfi.net> 1/2/2015 9:44 AM >>>

1/12/2015

Page 1 of 2

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


<Tara_Price@ca11.uscourts.gov>
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Tuesday, January 06, 2015 2:05 PM
Violation Rule 46 Fed.R.App.Pro. Chief Justice Polston.pdf; ADA Right to Civil Counsel.pdf; ORDER
SC14-1637 DENIED counsel appointment.pdf; Public Defender Mike Peacock-Judge Arnold
sham.pdf; Reply to Silvester Dawson, Marshal, ADA Coordinator.pdf;
Response_to_Gillespie_ADA_Request-12162014.pdf; Special Agent Paul Wysopal, FBI Tampa.pdf
Fw: Gillespie ADA accommodation request to Florida Supreme Court, SC14-1637

Dear Ms. Price:


Please find attached my response to Special Agent Paul Wysopal, FBI Tampa, regarding telephone
recording. I inadvertently failed to provide the response in my initial email to you.
Also, I inadvertently failed to provide my response to Silvester Dawson, Marshal and ADA Coordinator
for the Florida Supreme Court, which is forwarded here. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Neil Gillespie
To: Silvester Dawson
Cc: Jack Harkness ; Adria E Quintela ; John A. Tomasino ; Debbie Howells ; Paul F Hill ; John Thomas Berry ;
Gregory William Coleman ; Ramon A. Abadin ; James Arnold ; James Barton ; Mike Peacock ; Emily Peacock ;
Claudia Isom ; Gov. Rick Scott ; Pam Bondi, AG ; Adam Putnam, Comm. ; Jeff Atwater, CFO ; OSCA email ;
Patricia Ann Toro Savitz ; Robert J. Stovash ; Jon Marshall Oden ; Frank Harlan Killgore Jr. ; Barry Rodney
Davidson ; Public Information Office ; Thomas A David ; Bill Gelin ; SFL ; Lee Rawles ; Steve Bousquet ; Adam
Smith ; Neil Gillespie
Sent: Tuesday, December 16, 2014 2:14 PM
Subject: Re: Gillespie ADA accommodation request to Florida Supreme Court, SC14-1637

Mr. Dawson, please see attached my reply to your response. You are free to submit my Notice of ADA
Title II request as a motion. In the alternative, I may do so. Thank you. Neil J. Gillespie
----- Original Message ----From: Silvester Dawson
To: 'Neil Gillespie'
Cc: Jack Harkness ; Adria E Quintela ; John A. Tomasino ; Debbie Howells
Sent: Tuesday, December 16, 2014 10:52 AM
Subject: RE: Gillespie ADA accommodation request to Florida Supreme Court, SC14-1637

Mr. Gillespie,
As stated on the ADA Accommodation Request Form you submitted, the Florida State Courts
System cannot administratively provide legal counsel or advice as an ADA accommodation.
A request for appointment of legal counsel is a legal matter that must be submitted in

1/12/2015

Page 2 of 2

motion form to the Court. We note that you have made such a motion in Case No. SC141637. The on-line docket indicates that your motion for appointment of counsel remains
pending and will be submitted to the Court for consideration with the petition for a writ of
mandamus.

Silvester Dawson/Marshal
Office of the Marshal
Supreme Court of Florida
Email: dawson@flcourts.org

This communication, along with any attachments, is covered by federal and state law governing
electronic communications and may contain confidential and legally privileged information. If the
reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution, use or copying of this message mayconstitute a violation of 119, F. S. and is strictly
prohibited. If you have received this in error, please reply immediately to the sender and delete this
message.

From: Neil Gillespie [mailto:neilgillespie@mfi.net]


Sent: Monday, December 15, 2014 11:52 PM
To: Silvester Dawson; Kevin White
Cc: Jack Harkness; Adria E Quintela; John A. Tomasino; Neil Gillespie
Subject: Gillespie ADA accommodation request to Florida Supreme Court, SC14-1637

1/12/2015

Filing # 21973707 Electronically Filed 12/26/2014 03:58:34 PM

REVERSE MORTGAGE SOLUTIONS, INC.,

IN THE CIRCUIT COURT OF THE


FIFTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR MARION COUNTY
CASE NO.: 2013-115-CAT
42-2013-CA-000115-AXXX-XX

Plaintiff,
vs.
NEIL J. GILLESPIE, and NEIL J. GILLESPIE
AS SOLE-TRUSTEE OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
________________________________________/
NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III
United States Attorney, Florida Middle District, December 24, 2014
1.

Defendant(s) NEIL J. GILLESPIE, henceforth in the first person, an indigent, disabled

nonlawyer reluctantly appearing pro se for himself and his interests as SOLE TRUSTEE of THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997 (Trust), gives
NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III1, United States Attorney,
Florida Middle District, December 24, 2014, and states,
2.

Today I notice filing of my letter2 with attachments to ARTHUR LEE BENTLEY III,

United States Attorney, Florida Middle District, December 24, 2014 by email, in this matter.
3.

Thirty exhibits filed today with the letter to Mr. Bentley, USAFLM. The exhibit numbers

shown appear only in the document title for this filing for organizational purposes.
Exh 1, RULE 1.115. PLEADING MORTGAGE FORECLOSURES
Exh 2, RMS v Gillespie et al, 5 page complaint, my scan
Exh 3, 2014, 12-18-14, Order Denying Motion Disqualif-NJG.
Exh 4, 2014, 12-18-14, Order Denying Motion Disqualif-Trust.
Exh 5, 2014, 12-18-14, Order Denying Motion Disqualif-Unknown.
1

Arthur Lee Bentley III, nominated by the President to be United States Attorney for the Middle
District of Florida for the term of four years, was confirmed December 16, 2014 by the Senate by
Voice Vote. http://www.judiciary.senate.gov/nominations/executive/pn1804-113
2
Note correction for page 2: Steven H.L. Bowman (Bar ID 434396) was disbarred for 10 years
on July 21, 2010. (corrected from July 21, 2014).

NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III


United States Attorney, Florida Middle District, December 24, 2014
Exh 6, 2014, 12-19-14, email Paul Hill re UPL closed
Exh 7, Florida Bar Closing ltr. to Neil Gillespie 05.05.14
Exh 8, 4D06-3761.order EHQF Trust v. S & A Capital Partners, Inc.
Exh 9, Florida Bar Trust question, 13 Fla. Jur 2d Creditors' Rights 91
Exh 10, Notice of Trust, filed June-24-2014, 6p color
Exh 11, Acceptance of Office NJG sole-trustee 5p
Exh 12, Steven H.L. Bowman (Bar ID 434396) Disbarred 3p
Exh 13, Foreclosure-Bench-Book2013
Exh 14, Mark Gillespie authorization to CFPB-FOIA, section 1070.14(f)
Exh 15, Neil Gillespie response to CFPB-FOIA May-09-14
Exh 16, Congress Inquiry of Sen Rubio to CFPB - 13p binder
Exh 17, AOSC14-66 Dilligent Judges-SC
Exh 18, RULE 1.100. PLEADINGS AND MOTIONS
Exh 19, Rule 1.200 Case Management Conference DEC-2014
Exh 20, 2014, 05-23-14, CFPB-final records, 8p new & old notes 9p
Exh 21, 2014, 05-28-14, FOIA request to Martin Michalosky, FOIA Manager
Exh 22, 2014, 06-02-14, letter Martin Michalosky, addresses-jobs 9p
Exh 23, 2013, 03-19-13, CFPB close-out letter to NJG
Exh 24, 2012, 09-20-12, letter from Chris Pickle, BOA
Exh 25, 2012, 10-01-12, letter from Chris Pickle, BOA, wants will, w env
Exh 26, 2013, 02-01-13, Jason Powell, BOA, my scan
Exh 27, 2013, 03-28-13, Jason Powell, BOA, to NJG
Exh 28, 2014, 03-12-14, ltr from Anthony Boney, BofA
Exh 29, 2014, 03-19-14, letter of Anthony Boney
Exh 30, 2014, 04-22-14, email BofA Investor Relations Judge Hodges 3p
RESPECTFULLY SUBMITTED December 26, 2014.

NEIL J. GILLESPIE and NEIL J. GILLESPIE SOLE TRUSTEE OF THE GILLESPIE


FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: neilgillespie@mfi.net

VIA Email Lee.Bentley@usdoj.gov


Arthur Lee Bentley III
United States Attorney
U.S. Attorney's Office
Middle District of Florida
400 North Tampa Street
Tampa, Florida 33602

December 24, 2014

Page 2, three orders of Judge Stancil


denying motion to disqualify him
arrived in the mail yesterday; the
orders are attached.

Dear Mr. Bentley:


This letter is to communicate the following:
Overview: The Plaintiffs Verified Complaint does not meet the requirements of Rule 1.115,
Pleading Mortgage Foreclosures, and must be dismissed. The Florida Bar closed its UPL case
against me for representing the Trust. The case, EHQF Trust v. S & A Capital Partners, Inc., 947
So. 2d 606 (Fla. 4th DCA 2007), does not seem apply to me, see below. Earlier this year The
Florida Bar provided information showing Trust assets are not subject to creditors. 13 Fla. Jur 2d
Creditors' Rights 91. It appears the Plaintiff sued the wrong party, and lacks the necessary
foreclosure documents, see the Residential Foreclosure Bench Book June 2013 by Honorable
Jennifer D. Bailey and Doris Bermudez-Goodrich, Assistant General Counsel.
The Consumer Financial Protection Bureau (CFPB) provided evidence through a FOIA/PA that
Bank of America compromised CFPB Complaint No. 120914-000082 with the assistance of a
CFPB attorney named Greg Evans, and two nonlawyer CFPB employees, Andrew Fey and K.
Byron, who concocted a closing letter March 19, 2013, in part,
Our records indicate that we do not have proper authorization to disclose any information
to you regarding Ms. Penelope M. Gillespies account. Bank of America values and
guards our customers privacy and financial information and, therefore, does not provide
customer-specific information to unauthorized third parties.
The Bank of America employees were Jason Powell, Customer Advocate, Office of the CEO and
President, and Chris Pickle, Customer Advocate, Office of the CEO and President. This year I
learned privacy rights are personal and die with the individual. Nestor v. Posner-Gerstenhaber,
857 So. 2d 953 (Fla. Dist. Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla. 2004).
CFPB Complaint No. 140304-000750 was compromised by Bank of America employee Anthony
Boney, Customer Advocate, Office of the CEO and President, and apparently Sen. Marco Rubio.
Gina Alonso and the Senators staff initiated this complaint on their own, apparently before they
knew I was not to receive any legitimate assistance. The complaint was directed at HECM
foreclosure and The Florida Bar. It appears Judge Wm. Terrell Hodges, a shareholder of Bank of
America, was required to recuse but failed to do so in Case 5:13-cv-00058-WTH-PRL.
Judge Stancil engaged in misconduct with Curtis Wilson, McCalla Raymer LLC.

Arthur Lee Bentley III


United States Attorney

December 24, 2014


Page - 2

1.
Attached you will find three orders I got in the mail late yesterday from Judge Stancil.
Each is captioned ORDER DENYING DEFENDANT'S MOTION DISQUALIFY HALE
STANCIL. My name is misspelled three times in each of three orders dated December 18,
2014. The Certificate of Service is dated December 19, 2014. Three envelopes each postmarked
December 22, 2014 are addressed to:

Neil J. Gillespie, 8092 SW 115th Loop, Ocala, Florida 34481

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 Settlers/Beneficiaries of The Gillespie Family Living Trust Agreement


dated February 10, 1997 8092 SW 115th Loop Ocala, FL 34481

2.
The Florida Bar, Paul Hill, General Counsel, notified me by email Friday December 19,
2014 at 3:08 PM that UPL Case No. 20133090(5) against me was closed, see attached. The
attached closure letter of Ms. Coaxum dated May 5, 2014 references EHQF Trust v. S & A
Capital Partners, Inc., 947 So. 2d 606 (Fla. 4th DCA 2007). From the attached Order:
The notice of appeal filed by appellant, a trust, was not signed by an attorney licensed to
practice law in Florida. Section 454.23, Florida Statutes (2006), prohibiting the
unlicensed practice of law, provides no exception for representation of a trust. Although
Florida has not previously addressed the issue, other states have concluded that a trustee
cannot appear pro se on behalf of the trust, because the trustee represents the interests of
others and would therefore be engaged in the unauthorized practice of law.
3.
As sole trustee, I filed Notice of Trust June 24, 2014 with the Marion County Probate
Court, case 42-2014-CP-001060-AXXX-XX. The receipt and docket appear with the Notice.
The Trust avoided probate and the case is closed.
4.
Attached is my Acceptance of Office of Sole Trustee. At all times pertinent, my brother
and I had a conflict as co-trustees, and he and related interests were represented by counsel,
KAUFMAN, ENGLETT & LYND, PLLC. Consent to Judgment was filed July 8, 2013.
The attorney who made the Trust for my parents, Steven H.L. Bowman (Bar ID 434396) was
disbarred for 10 years on July 21, 2014 and could not represent me, see attached. Our current
family lawyer represented other Defendants in this case. I was unable to obtain other counsel.
My brother et al was represented by counsel, Anthony J. Solomon, Esq., Florida Bar No. 93057,
KAUFMAN, ENGLETT & LYND, PLLC
The following is from my Rule 1.150 Motion to Strike Sham Pleadings filed July 25, 2014:
5.
Notice of Defendants Consent to Judgment was entered July 8, 2013 by counsel of
record for MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD. (Exhibit 5).

Arthur Lee Bentley III


United States Attorney

December 24, 2014


Page - 3

6.
Mark Gillespie resigned as co-trustee of the Trust to avoid breach of Trust after giving
consent to judgment. The property in foreclosure is the only asset of the Trust.
A trustee shall take reasonable steps to take control of and protect the trust property.
Section 736.0809, Florida Statutes, Control and protection of trust property.
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims
against the trust. Section 736.0811, Florida Statutes, Enforcement and defense of claims.
6.
Mark Gillespie quit-claimed any interest in the property to me July 7, 2014. The QuitClaim Deed was filed with the Clerk July 9, 2014, and a copy appears at Exhibit 6.

7.

A trustee shall take reasonable steps to compel a former trustee or other person to deliver
trust property to the trustee and, except as provided in s. 736.08125, to redress a breach of
trust known to the trustee to have been committed by a former trustee. Section 736.0812,
Florida Statutes, Collecting trust property.
The Florida Bar review, 13 Fla. Jur 2d Creditors' Rights 91
The equitable interest of a defendant as beneficiary of a trust is not subject to
garnishment, at least in the absence of express statutory authorization.[1] The creditors of
the trustee are not entitled to an attachment to subject trust property held by the trustee to
the payment of the trustee's debts.[2] In fact, the remedy is not available even if the debt
is chargeable to the trust itself.[3] Likewise, social security and withholding taxes held in
a trust fund for the United States established and managed by a debtor are not
garnishable.[4] Under a contract providing a brokerage fee of 5% of all principal paid to
the seller, the seller became a trustee for the broker of 5% of all payments received, and
the broker was not a general creditor of the seller so that the trust funds could not be
reached by general creditors of the seller, and the estate of the seller became a successor
constructive trustee as to payments received by it.[5]
Westlaw 91. Property held in trust, May 4, 2010

Susannah Lyle of The Bar responded October 23, 2014 1:41 PM by email, see attached,
I relayed your concern to a couple of the attorneys on the Consumer Protection Law
Committee. Here is what they said:
The pamphlet states that the revocable trust assets are not protected during the maker's
lifetime. This makes sense because the trust is revocable by the maker during his/her
lifetime. It is my understanding that the Fla. Jur. passage discusses protection of those
assets from the makers creditors after the maker's death - when the trust is in effect and
no longer revocable because the owner is deceased. The pamphlet is correct that the
beneficiaries' creditors could then go after the assets absent a spendthrift provision in the
trust. (Trust has a spendthrift provision).

Arthur Lee Bentley III


United States Attorney

December 24, 2014


Page - 4

8.
Judge Stancil failed to conduct a case management conference as provided by Rule
1.200, Pretrial Procedure, enclosed. Instead it appears the judge and Mr. Curtis cooperated on a
motion to hear all motions, contrary to the enclosed Rule 1.100(b) that requires, All notices of
hearing shall specify each motion or other matter to be heard.
The following is from a renewed motion to disqualify Judge Stancil.
9.
During a hearing December 18, 2014 on the foreclosure of my residential homestead
property, Judge Stancil and attorney Curtis Wilson of McCalla Raymer denied my right to due
process by violating Rule 1.115(a) Pleading Mortgage Foreclosures, that required dismissal of
the verified complaint for failing to plead that the Plaintiff is the holder of the original note.
10.
The Plaintiffs 5 page Verified Complaint To Foreclose Home Equity Conversion
Mortgage (the Complaint) appears at Exhibit 1. The Complaint fails to meet the requirements
of Fla. R. Civ. Pro., Rule 1.115(a) Pleading Mortgage Foreclosures, that states,
Rule 1.115(a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage or
other lien on residential real property, including individual units of condominiums and
cooperatives designed principally for occupation by one to four families which secures a
promissory note, must: (1) contain affirmative allegations expressly made by the claimant
at the time the proceeding is commenced that the claimant is the holder of the original
note secured by the mortgage; or (2) allege with specificity the factual basis by which the
claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes.
11.
Nothing in the Complaint shows the Plaintiff is the holder of the original note secured
by the mortgage; Nothing in the Complaint alleges with specificity the factual basis by which
the claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes.
Likewise, the Complaint failed to meet the other requirements of Rule 1.115:
(b) Delegated Claim for Relief.
(c) Possession of Original Promissory Note.
(d) Lost, Destroyed, or Stolen Instrument.
(e) Verification.
12.
On July 25, 2014 I filed Defendants Rule 1.150 Motion To Strike Sham Pleadings,
Plaintiffs Verified Complaint To Foreclose Home Equity Loan. THE MOTION HAS NOT
BEEN HEARD as of today. Therefore the Complaint must be dismissed. Judge Stancil ignored
Rule 1.115(a), and failed to dismiss the Complaint. In failing to uphold the law, Judge Stancil
violated Supreme Court of Florida Administrative Order No. AOSC14-66, that holds in part,
In all things, a judge shall respect and comply with the law and shall act at all times in a
manner that promotes public confidence in the integrity and impartiality of the judiciary.
Canon 2A, Code of Judicial Conduct.
Please advise if you want any of the forgoing to remain confidential, although some of the
information has been public for some time. Thank you for your assistance.

Arthur Lee Bentley III


United States Attorney

December 24, 2014


Page - 5

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481

Telephone: (352) 854-7807


Email: neilgillespie@mfi.net

Enclosures

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


"Lee Bentley" <Lee.Bentley@usdoj.gov>
"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, December 24, 2014 11:15 AM
LETTER TO ARTHUR LEE BENTLEY, U.S. ATTORNEY-DEC-24-2014.pdf; 2014, 12-19-14, email
Paul Hill re UPL closed.pdf; 4D06-3761.order EHQF Trust v. S & A Capital Partners, Inc..pdf; 2014,
12-18-14, Order Denying Motion Disqualif-NJG..pdf; 2014, 12-18-14, Order Denying Motion DisqualifTrust..pdf; 2014, 12-18-14, Order Denying Motion Disqualif-Unknown..pdf; Foreclosure-BenchBook2013.pdf; Acceptance of Office NJG sole-trustee 5p.pdf; AOSC14-66 Dilligent Judges-SC.pdf;
Congress Inquiry of Sen Rubio to CFPB - 13p binder.pdf; Florida Bar Closing ltr. to Neil Gillespie
05.05.14.pdf; Florida Bar Trust question, 13 Fla. Jur 2d Creditors' Rights 91.pdf; Steven H.L.
Bowman (Bar ID 434396) Disbarred 3p.pdf; Mark Gillespie authorization to CFPB-FOIA, section
1070.14(f).pdf; Neil Gillespie response to CFPB-FOIA May-09-14.pdf; Notice of Trust, filed June-242014, 6p color.pdf; RMS v Gillespie et al, 5 page complaint, my scan.pdf; RULE 1.100. PLEADINGS
AND MOTIONS.pdf; RULE 1.115. PLEADING MORTGAGE FORECLOSURES.pdf; Rule 1.200 Case
Management Conference DEC-2014.pdf
LETTER TO ARTHUR LEE BENTLEY, U.S. ATTORNEY-DEC-24-2014

12/26/2014

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


"Lee Bentley" <Lee.Bentley@usdoj.gov>
"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, December 24, 2014 11:28 AM
2014, 04-22-14, email BofA Investor Relations Judge Hodges 3p.pdf; 2012, 09-20-12, letter from
Chris Pickle, BOA.pdf; 2012, 10-01-12, letter from Chris Pickle, BOA, wants will, w env.pdf; 2013, 0201-13, Jason Powell, BOA, my scan.pdf; 2013, 03-19-13, CFPB close-out letter to NJG.pdf; 2013, 0328-13, Jason Powell, BOA, to NJG.pdf; 2014, 03-12-14, ltr from Anthony Boney, BofA.pdf; 2014, 0319-14, letter of Anthony Boney.pdf; 2014, 05-28-14, FOIA request to Martin Michalosky, FOIA
Manager.pdf; 2014, 05-23-14, CFPB-final records, 8p new & old notes 9p.pdf; 2014, 06-02-14, letter
Martin Michalosky, addresses-jobs 9p.pdf
Additional exhibits only to prior letter; thank you

12/26/2014

Certificate of Service
December 26, 2014
I hereby certify that Notice of Filing Letter to Arthur Lee Bentley III, United States
Attorney, Florida Middle District, December 24, 2014, was served by the Florida Courts EFiling Portal by email December 26, 2014 to the following names:
Arthur Lee Bentley III, United States Attorney
U.S. Attorney's Office, Middle District of Florida
400 North Tampa Street
Tampa, Florida 33602
Email Lee.Bentley@usdoj.gov

DOJ Criminal, Contact local FBI field office


http://www.justice.gov/crt/complaint/#one

The Honorable John Anthony Tomasino


Clerk of the Supreme Court of Florida
Email: tomasino@flcourts.org

Mr. Tad David, General Counsel


Office of State Courts Administrator
Email: davidt@flcourts.org

The Honorable John F Harkness


Executive Director, The Florida Bar
Email: jharkness@flabar.org

The Honorable Michael L. Schneider


Executive Director and General Counsel
Judicial Qualifications Commission
Email: mschneider@floridajqc.com

The Honorable Don F. Briggs


Chief Judge, Fifth Judicial Circuit FL
Email: dbriggs@circuit5.org

The Honorable Hale R. Stancil


Marion County Circuit Court
Email: hstancil@circuit5.org

Ms. Grace A. Fagan, General Counsel


Fifth Judicial Circuit, FL, ADA Coordinator
E-mail: gfagan@circuit5.org

Ms. Tameka Gordon, ADA Coordinator


Marion County, Fifth Circuit, Florida
Email: tgordon@circuit5.org

The Honorable David R. Ellspermann


Marion County Clerk of Court & Comptroller
Email: Ellspermann@marioncountyclerk.org

Mr. Gregory C. Harrell, General Counsel for


Clerk & Comptroller David R. Ellspermann
Email: GHarrell@marioncountyclerk.org

Mr. Curtis Wilson, Esq.


McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: MRService@mccallaraymer.com

Ms. Colleen Murphy Davis, AUSA


400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: USAFLM.State.Foreclosures@usdoj.gov

Oak Run Homeowners Association, Inc.


Registered Agent Paul Pike
11665 SW 72ND CIRCLE
OCALA, FL 34476
c/o Robert Stermer
Email: sv1@atlantic.net

U.S. Department of Justice, Civil Rights


Disability Rights, ADA.complaint@usdoj.gov

Development & Construction Corporation of America,


c/o Carol Olson, Vice President of Administration,
and Secretary-Treasurer, for RA Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Email: colson@deccahomes.com

NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III


United States Attorney, Florida Middle District, December 24, 2014
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997
8092 SW 115th Loop
Email: neilgillespie@mfi.net
Ocala, FL 34481
Email: mark.gillespie@att.net
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net

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


7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481, Email: neilgillespie@mfi.net
Elizabeth Bauerle n/k/a Elizabeth Bidwood
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net

Unknown spouse of Elizabeth Bauerle


6356 SW 106th Place
Ocala, FL 34476
Email: mark.gillespie@att.net

Ms. Jane Bond, Managing Partner


McCalla Raymer LLC
Email: jane.bond@mccallaraymer.com

Ms. Robyn Katz, Managing Partner


McCalla Raymer LLC
Email: rrk@mccallaraymer.com

Ms. Patricia Ann Toro Savitz


The Florida Bar
Email: psavitz@flabar.org

Mr. Barry R. Davidson (for Respondent)


Hunton & Williams LLP
Email: bdavidson@hunton.com

Mr. Jon M. Oden, Investigating Member


Ball Janik L.L.P.
Email: joden@balljanik.com

Mr. Frank H. Killgore Jr., Investigating Member


Killgore, Pearlman, Stamp, Ornstein & Squires
Email: fhkillgore@kpsos.com

Mr. Robert J. Stovash, Chair


Stovash, Case & Tingley, P.A.
Email: rstovash@sctlaw.com

Public Information Office


Florida Courts
publicinformation@flcourts.org

Florida Governor Rick Scott


Office of the Florida Governor
Email: Rick.Scott@eog.myflorida.com

Florida CFO Jeff Atwater


Office of the Chief Financial Officer
Email: Jeff.Atwater@myfloridacfo.com

NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III


United States Attorney, Florida Middle District, December 24, 2014
Attorney General Pam Bondi
Office of the Attorney General
Email: pam.bondi@myfloridalegal.com

Commissioner Adam Putnam


Fla. Dept. of Agriculture & Consumer Serv.
Email: Adam.Putnam@freshfromflorida.com

Gregory William Coleman


President, The Florida Bar
Email: gcoleman@bclclaw.com

Ramon A. Abadin
President-Elect, The Florida Bar
Email: ramon.abadin@sedgwicklaw.com

Adria E Quintela, Director, Lawyer


Regulation, The Florida Bar
Email: aquintel@flabar.org

John Thomas Berry, Director, Legal Division


The Florida Bar
Email: jberry@flabar.org

Paul F Hill, General Counsel


The Florida Bar
Email: phill@flabar.org
RESPECTFULLY SUBMITTED December 26, 2014.

NEIL J. GILLESPIE
8092 SW 115th Loop
Ocala, Florida 34481

Phone: 352-854-7807
Email: neilgillespie@mfi.net

Rule 2.516(a), No service need be made on parties against whom a default has been entered
RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS (Fla. R. Jud. Admin.)
(a) Service; When Required. Unless the court otherwise orders, or a statute or supreme
court administrative order specifies a different means of service, every pleading
subsequent to the initial pleading and every other document filed in any court proceeding,
except applications for witness subpoenas and documents served by formal notice or
required to be served in the manner provided for service of formal notice, must be served
in accordance with this rule on each party. No service need be made on parties against
whom a default has been entered, except that pleadings asserting new or additional
claims against them must be served in the manner provided for service of summons.
NOTE: Affidavits of Diligent Search filed February 12, 2013 in state court show no information
found as to: 1) Defendant Elizabeth Bauerle; 2) Defendant Unknown Spouse of Elizabeth
Bauerle; and 3) Defendant Unknown Settlors/Beneficiaries of the Gillespie Family Trust.
2013, 02-11-13, Disclaimer of the United States
Certificate of Indebtedness (COI) with a ZERO balance
2013, 06-19-13, P's Motion for default ORHA and DECCA
2013, 06-19-13, P's Notice dropping UNKNOWN SPOUSE NJG
2013, 07-08-13, Notice of Defendants' Consent to Judgment

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT


IN AND FOR MARION COUNTY, FLORIDA
REVERSE MORTGAGE SOLUTIONS, I~C.,

Plaintiff,

vs.

CASE NO.: 13-115-CAT

NEIL J. GILLESPIE, AND


MARK GILLESPIE, et al.,

~l__ ~J:"
0
v)
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Defendants,

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1
DISCLAIMER OF THE UNITED STATES OF AMERICA

CD

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c-
COMES NOW, the Defendant, the United States of America, by and tlitG.lP t~

-<

undersigned Assistant United States Attorney on behalf of the U.S. Department of


Housing and Urban Development hereby disclaims any interest in the real property that
is the subject of this litigation arising out of a Mortgage, recorded in the Official Records
Book 5057, Page 1683 in the public records of Marion County, Florida, and no other
interest.
DESIGNATION OF E-MAIL ADDRESSES PURSUANT TO RULE 2.516
The United States Attorney's Office for the Middle District of Florida hereby designates the
following as its primary e-mail address for the purpose of service of all documents required to be
served pursuant to Rule 2.516 in this proceeding: USAFLM.State.Foreclosures@usdoLgov
Secondary Email: Michalene.Rowells@hud.gov

ROBERT E. O'NEILL
United States
0 ey

By:
COLLEEN MU PHY DAVIS
Assistant Unite
tates Attorney
USAO No. 68
Amqer L. Watson, Legal Assistant
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
Telephone: (813) 274-6000
Facsimile: (813) 274-6198

/0

~I

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by
Email this

1~ day of February, 2013 to the following:


Danielle N. Parsons, Esquire
McCalla Raymer, LLC
225 E. Robinson ST., Suite 660
Orlando, Florida 32801
Email: MRService@mccaliaraymer.com
Ms. Gail Ash Dotson, Associate Regional Counsel
U.S. Department of Housing and Urban Development
Office of General Counsel. Florida Southern State Office
Attn: Michalene Rowells, Paralegal Specialist
909 SE First Avenue, Room 500
Miami, Florida 33131-3042
Email: Michalene.Rowelis hud. ov

IN THE CIRCUIT COURT OF THE 5th


JUDICIAL CIRCUIT IN AND FOR MARION
COUNTY, FLORIDA
CASE NO. 42-20 13-CA-000 115-AXXX-XX
REVERSE MORTGAGE SOLUTIONS, INC.,
Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997, et aI.,
Defendants.
- - - - - - - - - - - - - - - - -/

MOTION TO DEFAULT
Plaintiff moves for entry of default in the above styled cause for failure of defendants, OAK RUN
HOMEOWNERS
ASSOCIATION,
INC.
AND
DEVELOPMENT
&
CONSTRUCTION
CORPORATION OF AMERICA, to file or serve a pleading or other paper within the time required by
law.
Dated this

day of June, 2013


anielle N. Parsons, Esq.
McCalla Raymer, LLC
Attorney for Plaintiff
225 E. Robinson St. Suite 660
Orlando, FL 32801
Phone: (407) 674-1850
Fax: (321) 248-0420
Email: MRService@mccallaraymer .com
Fla. Bar No.: 0029364

ENTRY OF DEFAULT
It appears that defendants, OAK RUN HOMEOWNERS ASSOCIATION, INC. AND
DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA in the above styled cause,
having been duly served according to the law, and said Defendants having failed to file or serve any paper
herein, Default is hereby entered against said Defendants.
NOTE TO CLERK: In the event that any of the aforenamed defendants have timely filed any
paper in the above-styled cause, or should their return of service not be filed, then please strike the name
of such defendant from the above motion.
Dated this _ _ day of

, 2013.
CLERK OF THE CIRCUIT COURT
As Clerk of the Court

BY:_~---------_
Deputy Clerk

1586449

12-02121-2

SERVICE LIST

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
Oak Run Homeowners Association, Inc.
c/o Robert A. Stermer, Esq., Registered Agent
7480 SW Highway 200
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney
400 N. Tampa Street, Stet 3200
Tampa, FL 33602
usaflm.state.foreclosure@usdoj.gov
Michalene.Rowells@hud.gov
Elizabeth Bauerle
6356 SW 1o6th Place
Ocala, FL 34476
Tiffany T. Caparas, Esq.
Kaufman, Englett and Lynd, PLLC
111 N. Magnolia Av., Suite 1600
Orlando, FL 32801
TCaparas@kelattorneys.com
K.ELinbox@kelattomeys.com
Neil J. Gillespie
8092 SW 115TH Loop
Ocala, FL 34481
Development & Construction Corporation of America
c/o Registered Agent: Priya Ghumn1an
10983 SW 89 Avenue
Ocala, FL 34481
Unknown spouse of Elizabeth Bauerle
6356 SW 1o6th Place
Ocala, FL 34476
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Unknown Spouse of Mark Gillespie
n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Unknown SettlorslBeneficiaries of The Gillespie Family
Living Trust Agreement dated February 10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481

1586449

12-02121-2

IN THE CIRCUIT COURT OF THE FIFTH


JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. 42-2013-CA-OOOl15-AXXX-XX
REVERSE
INC.,

MORTGAGE

SOLUTIONS,

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK
GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,
1997, et aI.,
Defendants.

- - - - - - - - - - - - - - -/

NOTICE OF DROPPING PARTY DEFENDANT


Plaintiff, by and through its undersigned counsel and gives notice that UNKNOWN
SPOUSE OF NEIL J GILLESPIE is voluntarily dropped as a defendant to this action, pursuant
to the Fla.R.Civ.P. 1.250(b) and 1.420 (a)(l), without prejudice.
I HEREBY CERTIFY that a true and correct
(x) E-mailed ( x ) Mailed this

day of June,

y of the foregoing was: [check all used]

13, to a

Danielle N. Parsons, Esq.


McCalla Raymer, LLC
Attorney for Plaintiff
225 E. Robinson St. Suite 660
Orlando, FL 32801
Phone: (407) 674-1850
Fax: (321) 248-0420
Email: MRService@mccallaraymer.com
Fla. Bar No.: 0029364

1586543

12-02121-2

SERVICE LIST

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
Oak Run Homeowners Association, Inc.
c/o Robert A. Stermer, Esq., Registered Agent
7480 SW Highway 200
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney
400 N. Tampa Street, Ste. 3200
Tampa, FL 33602
usaflm.state.foreclosure@usdoj.gov
Michalene.Rowells@hud.gov
Elizabeth Bauerle
6356 SW 106th Place
Ocala, FL 34476
Tiffany T. Caparas, Esq.
Kaufman, Englett and Lynd, PLLC
111 N. Magnolia Av., Suite 1600
Orlando, FL 32801
TCaparas@kelattomeys.com
.K.ELinbox@kelattomeys.com
Neil J. Gillespie
8092 SW 115TH Loop
Ocala, FL 34481
Development & Construction Corporation of America
c/o Registered Agent: Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Unknown spouse of Elizabeth Bauerle
6356 SW 1o6th Place
Ocala, FL 34476
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
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

1586543

12-02121-2

RETURN OF NON-SERVICE

State of Florida

County of Marion

Case Nurrtber: 13-115-CA-T

Circuit Court

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Plaintiff:
REVERSE MORTGAGE SOLUTIONS, INC.

12-02121-3

vs.
Defendant:
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10,
1997, ET AL
For:

MCCALLA RAYMER (FLORIDA)

225 E. ROBINSON STREET. STE.660

ORLANDO. FL 32801

Received by ROBERT W. MCGUINNESS on the 11th day of January, 2013 at 9:38 am to be served on UNKNOWN

SPOUSE OF NEIL J GILLESPIE, 8092 SW 115TH LOOP, OCALA, FL 34481.

'. ROBERT W. MCGUINNESS. do hereby affirm that on the 12th day of January, 2013 at 1:55 pm, I:
NON-SERVED the SUMMONS, A NOTICE FROM THE COURT REGARDING LAWSUITS TO FORECLOSE MORTGAGES

ON HOMES, NOTICE OF LIS PENDENS, COMPLAINT AND EXHIBITS based on the comments detailed below:

Additional Information pertaining to this Service:

SUBJECT PROPERTY IS NOT A MOBILE HOME. UPON INQUIRY. NEIL J. GILLESPIE STATED THAT NO SUCH PERSON

EXISTS. UPON INQUIRY, NEIL J. GILLESPIE STATED THAT THE PROPERTY 15 OWNER OCCUPIED AND THERE ARE

NO OTHER TENANTS/OCCUPANTS OVER THE AGE OF 18.

I certify that I am over the age of 18. I am not a party to this action and have no interest in the process being served. I have

been property certified as a process server by ADMINISTRATIVE ORDER A2008-21. I complied with all provisions of this

order and F.S. 48.031(5) at the time of service. Under penalties of pe~ury. I declare that I have read the foregoing Retum of

Service and that the facts stated in it are true to the best of my knowledge. F.S.92.525

ROBERT W. MCGUINNESS

10 # 05-07-6
Our Job Serial Number: 801-2013000435
Ref: 12-02121-3

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McCalla Raymer, LtC


225 E. Robinson SL~-cC:
Suite 660
Orlando, FL 32801

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Neil J. Gillespie and Mark Gillespie as Co-Trustees


of the Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481

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ZIP 32801
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0001364007JUN 19 2013

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Electronically Filed 07/08/2013 07:33:04 PM ET

IN THE CIRCUIT COURT OF THE


FIFTH JUDICIAL
CIRCUIT OF
FLORIDA IN AND MARION COUNTY
GENERAL JURISDICTION DIVISION
REVERSE MORTGAGE SOLUTIONS, INC.,

Case No.:

2013-CA-000115

Plaintiff,

v.
MARK GILLESPIE, et al.,
Defendants.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~I
NOTICE OF DEFENDANTS' CONSENT TO ,JUDGMENT
Defendants, MARK GILLESPIE and JOEITA GILLESPIE AKA UNKNOWN SPOUSE
OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD
(hereinafter, the "Defendants"), file this Notice of Defendant's Consent to Judgment:
1.

The Defendants,

MARK GILLESPIE and JOETTA GILLESPIE AKA

UNKNOWN SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA


ELIZABETH BIDGOOD, have been named as Defendants in this action.
2.

Plaintiff is seeking to recover the property located at 8092 SW 115th Loop,

Ocala, FL 34481 based on an "event of default" under the terms of the Adjustable Rate Note
(Home Equity Conversion) a/kIa "reverse mortgage".
3.

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

under the terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4.

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

5.

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

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

KEL File #13LAW34876

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have electronically filed via the Florida Courts eFiling
Portal and furnished a true and correct copy of the foregoing to Angela M. Brenwald, Esquire, of
McCalla
Raymer
LLC,
225
E.
Robinson
S1.,
Orlando,
FL
32801,
mrservice@mccallaraymer.com; via [x] Email Delivery, today July 5, 2013.
KAUFMAN, ENGLETT & LYND, PLLC
/s/ Anthony J. Solomon
Anthony J. Solomon, Esq.
Florida Bar No. 93057
111 N. Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: asolomon@kelattorneys.com
Secondary Email: KELinbox@kelattomeys.com
Attorney for Defendants:
MARK GILLESPIE and
JOETIA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE

KEL File #13LAW34876