You are on page 1of 38

Filing # 59132663

59005256 E-Filed 07/18/2017


07/14/2017 07:24:12
05:08:00 AM

IN THE CIRCUIT COURT OF THE


FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY
REVERSE MORTGAGE SOLUTIONS, INC.,
CASE NO.: 2013-CA-000115
Plaintiff, 42-2013-CA-000115-AXXX-XX

vs. Homestead Residential Foreclosure


$50,001-$249,999 (Contested)
NEIL J. GILLESPIE AND MARK GILLESPIE Home Equity Conversion Mortgage
AS CO-TRUSTEES OF THE GILLESPIE HUD/FHA/HECM Reverse Mortgage
FAMILY LIVING TRUST AGREEMENT 12 USC § 1715z–20; 24 CFR Part 206
DATED FEBRUARY 10, 1997, ET AL. FHA Case Number: 091-4405741
RECEIVED, 07/18/2017 07:28:35 AM, Clerk, Supreme Court

BofA/RMS acct/loan #68011002615899


Defendants. Demand Jury Trial, U.S. Const. Amend. VII
________________________________________/ Demand Jury Trial, Fla. Const. Art. I, §22

DEFENDANTS’ NOTICE OF FILING U.S. SUPREME COURT PETITION AND RESPONSE

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

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

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

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

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

vulnerable adult, reluctantly appears pro se, henceforth in the first person, gives Defendants’

Notice of Filing U.S. Supreme Court Petition and Response, and states:

1. I received in the U.S. mail on July 13, 2017 an Order by the Office of the Clerk,

Supreme Court of the United States, dated July 10, 2017. Among other things, the Order requests

a corrected petition within 60 days from of the date of the Order. A copy of the Order is attached.

2. On June 29, 2017 I placed in the U.S. mail, Dunellon Florida Post Office, addressed to,

Supreme Court of the United States


1 First Street, NE
Washington, DC 20543

APPENDIX B
DEFENDANTS’ NOTICE OF FILING U.S. SUPREME COURT PETITION AND RESPONSE

a petition for writ of certiorari to the Supreme Court of Florida, Case No.: SC17-561, with an

imbedded Rule 13.5 Application to combine Supreme Court of Florida, Case No.: SC17-739 and

extend the time to file a petition for writ of certiorari.

3. The following is attached to this Notice of fling,

Motion for Leave to Proceed In Forma Pauperis, stamped RECEIVED JUL - 5 2017,
Office of the Clerk Supreme Court, U.S. (7 pages)

PROOF OF SERVICE (1 page)

Petition for writ of certiorari to the Supreme Court of Florida, Case No.: SC17-561, with
an imbedded Rule 13.5 Application to combine Supreme Court of Florida, Case No.:
SC17-739 and extend the time to file a petition for writ of certiorari. (15 pages)

QUESTIONS PRESENTED:

1. Does the Seventh Amendment to the United States Constitution guarantee the
right to a trial by jury in a state court residential home foreclosure of a federal
Home Equity Conversion Mortgage [12 USC § 1715z–20; 24 CFR Part 206] also
called a HECM reverse mortgage?

2. Does a disabled homeowner age 61 have a right to assistance of counsel under


the federal Older Americans Act, 42 U.S. Code Chapter 35 - PROGRAMS FOR
OLDER AMERICANS, for old age, and disability including Post Traumatic
Stress Disorder (PTSD), and Traumatic Brain Injury (TBI)?

3. Can the Civil Rights Division, Voting Section, U.S. Department of Justice
ignore the enclosed Voting Section complaint against Florida’s rigged judicial
elections?

4. Can the U.S. Department of Justice deny on May 18, 2017 my FOIA into the
mental health screening imposed by the Florida Supreme Court on bar applicants,
because the records you have requested pertain to an ongoing law enforcement
proceeding?

5. Can the U.S. Supreme Court ignore wrongdoing in Petition 12-7747 for a writ
of certiorari as stated in the enclosed letter of Mr. Clayton Higgins on October 19,
2016?

6. Do time limits on civil litigation have any meaning? Pursuant to Fla. R. Jud.
Admin. 2.250(a)(1)(B), the time standard for a civil trial case is 18 months from
filing to final disposition. Non-jury cases — 12 months (filing to final disposition)

2
DEFENDANTS’ NOTICE OF FILING U.S. SUPREME COURT PETITION AND RESPONSE

4. The following appear by separate volume appendix to this Notice of fling,

APPENDIX 1: Order Dismissal Mar-31-2017; Notice Appeal Mar-27-2017 (117p)


Disp-Rev Appeal Dism No Juris Omnibus Mar-31-2017
Notice Discretionary Juris (Direct Conflict) Mar-27-2017

APPENDIX 2: NOTICE OF FILING FEDERAL CIVIL RIGHTS COMPLAINT (100p)


U.S. Department of Justice, Civil Rights Division, Voting Section
Filing # 54155201 E-Filed 03/23/2017 10:40:48 PM

APPENDIX 3: US Supreme Court Clerk's reply letter Mr Higgins Oct-19-2016 (12p)

APPENDIX 4: Affidavit of Neil Gillespie re Dr. Kassels Jun-12-2017 (22p)

5. STATEMENT OF THE CASE

I request additional time.

Pursuant to Fla. R. Jud. Admin. 2.250(a)(1)(B), the time standard for a civil trial
case is 18 months from filing to final disposition. Non-jury cases — 12 months
(filing to final disposition)

My foreclosure case commenced January 9, 2013. Today is June 23, 2017. The
duration is 1626 days; or 4 years, 5 months, 14 days. This case has taken 3 or 4
times as long as provided by the rules (depending on how this case ends, as a civil
trial case, or non-jury trial; it is currently a non-jury trial).

Exceeding time limits by many years has major negative health consequences.
The same tactic was used by the court in the Hillsborough case, which began in
2005. That’s 12 years total.

RESPECTFULLY SUBMITTED July 14, 2017.

Neil J. Gillespie, individually, and former Trustee,


F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

3
SUPREME COURT OF THE UNITED STATES

OFFICE OF THE CLERK

WASHINGTON, DC 20543-0001

July 10,2017

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

RE: Neil J. Gillespie v. Reverse Mortgage Solutions, Inc.

Dear Mr. Gillespie:

The above-entitled petition for writ of certiorari was postmarked June 30, 2017 and
received July 5,2017. The papers are returned for the following reason(s):
The notarized affidavit or declaration of indigency does not comply with Rule 39 in
that all questions must be answered completely.
The petition fails to comply with the content requirements of Rule 14. A guide for in
forma pauperis petitioners and a copy of the Rules of this Court are enclosed. The
guide includes a form petition that may be used.
The appendix to the petition does not contain the following documents required by
Rule 14.1(i):
The lower court opinion(s) must be appended.
It is impossible to determine the timeliness of the petition without the lower court
opinions.
Please correct and resubmit as soon as possible. Unless the petition is submitted to
this Office in corrected form within 60 days of the date of this letter, the petition will
not be filed. Rule 14.5.
A copy of the corrected petition must be served on opposing counsel.
When making the required corrections to a petition, no change to the substance of the
petition may be made.

Sincerely,

Scott S. Harris, Clerk

By: ~1k: 11 II, <

Clayton R. Higgins

(202) 479-3019

Enclosures
PRIORITY®
* MAIL *
DATE OF DELIVERY SPECIFIED^
USPS TRACKING 442
INCLUDED *
$ sSuR sCE C uDED4 REGIONAL RATE BOX A
FOR DOMESTIC AND INTERNATIONAL USE
This package is made
from post-consumer waste.
Please recycle - again.

No. _

IN THE

SUPREME COURT OF THE UNITED STATES

____
NE_IL_J_._GI_u.E_SP_I_E PETITIONER
(Your Name)

vs.
_R8V8_rs8_MortMe SoI_utions._"
_'_nc_., RESPONDENT(S)

MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

The petitioner asks leave to file the attached petition for a writ of certiorari
without prepayment of costs and to proceed ·in forma pauperis.

[v]' Petitioner has previously been granted leave to proceed in /&rma pauperiB
in the following court(s):
SCOTUS 12-n47; Florida SC11-858, SC11-1822: 2dDCA. 2010-5187, 2010-5529. and 2011-2127

Hillsborough County, Florida, 05-CA-7205. sec. 27.52 FI8. St8t.. aPlX*Qd the pubic defender.

[ ] Petitioner has Dot previously been granted leave to proceed i,,, forma
pauperis in any other court.

Petitioner's affidavit or declaration in support of this motion is attached


1

f/~fUIt.L 6 c- f7 -- ~b I (£'.0 /L - t~;), tt)


;tt~t~ Co. 1 ~ ... C/'?- If~-

RECEIVED A0f\.t/~.sC. {7 - 73( [s-a b 38JJ') 4

JUL - 5 2017
OFFICE OF THE CLERK
SUPREME COUR"[ U.s.
~ O!> Iu.s ,~ .. 7;<((0
AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

I, ----IJL et' ~ G t fI et;{J,rflft( the petitioner in the above-entitled case. In support of


my motion to proceed in ~fo1"ma pa1~lJe1""is, I state that because of my poverty I am unable to pay
the costs of this case or to give security therefor; and I believe I am entitled to redress.

1. For botll yOLl and your spouse estimate the average alnount of money received from each of
tIle following sources during the l)ast 12 months. Adjust any amount tllat was received
weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross
amou11ts, tllat is, amounts before any deductions for taxes or otherwise.

Income source Average monthly amount during Amount expected


the past 12 months next month

You You

Employment $ $ $ $
Self-employment $ $ $ $

Income from real property $.__._-----­ $ $---_. $­


(such as rental income)

Interest and dividends $ $ $ $

Gifts $ $ $ $­
Alimony $ $ $ $

Child Support $ $ $ $

Retirement (such as social $ $ $ $


security, pensions,
annuities, insurance)

Disability (such as social


security, insurance payments)
$~ $---­ $ - - _.. _-- $--_.._ ---­ --

Unemployment payments $ $ $ $

Public-assistance $ $ $ $
(such as welfare)

Other (stJecify): $ $ $ $

Total monthly income:


$-rt1l!/-­ $~ $ $
2. List your em1110yment 11istory for the past t\VO years, most recent first. (Gross monthly pay
is before taxes or other deductions.)

Employer Address Dates of Gross monthly pay


Employment
$----­
$_..__._ _-_ _ _ ___._-_.._._._­
$.._-_.._-_._-_._._---­

3. List your spouse's em1110yment history for the past two years, most recent employer first.
(Gross monthly IJay is before taxes or other deductions.)

Employer Address Dates of Gross monthly pay


Employment
$----­
$----­
$----­

4. Ho\v mllch cash do you and your spouse have? $ _


Belo,v, state any money you or your spouse have in bank accounts or in any other financial
institution.

Financ;ai institution Type of account Amount you have Amount your spouse has
$----­ $------­
$----­ $----­
$----- $----­

5. List tIle assets, a11d their values, wI1ich you own or your spouse owns. Do not list clothing
and orclinary houseI10ld furnishings.

D HOlne D Other real estate


Value _ Value _

D Motor Vehicle #1 D lVlotor Vehicle #2


Year, make & model __ __ . _ Year, make & model._ _.__._ _ __ __ _
Value _ Value _

D Other assets
Description _
Value _
6. State every IJerson, business, or organization owing you or your spouse money, and the
amount o\ved.
Person owing you or Amount owed to you Amount owed to your spouse
your spouse money
$----- $-------.--­
$.. ._._. ._._--_.. ._--_._.. . _..__.._.__._.. _-- $__._.__ _._.__.._._ _._--_ _- .

$----- $----­
7. Statp the persons \vho rely on you or your spouse for support.
Name Relationship Age

8. Estimate the average monthly ex!)enses of you and your family. Show separately the amounts
paicl by JTOllr spOllse. Adjust any })ayments that are made \veekly. biweekly, quarterly, or
annllally to sho\v the monthly rate.

You Your spouse

Rent or home-mortgagoe payment


(incillde lot re11ted for Inobile hOlne) $---­ $---­
Are real estate taxes included? 0 Yes D No
Is pro}Jerty i11surance i11cluded? 0 Yes 0 No

Utilities (electricity, heating fuel,

water, se\ver, and telephone) $---- $---­

Home mainte11a11ce (repairs and upkeep) $..- __._----_._._ _---_._ - $---_ - -..__ __.-._.

$------ $---­

Clothing- $------ $---­

Lallndry and dry-elea11ing $---- $----

IVledical a11d de11tal eXIJenses $---- $---­


You Your spouse

Transportation (not including motor vehicle payments) $ _ $---­

Recreation, entertainment, newspa!Jers, magazines, etc. $ _ $._--­

Insurance (not deducted from \vages or included in mortgage pa~rments)

Homeo\vner's or renter's $ $

Life $ $

Health $ $

!VIotor Vehicle $ $

Ot11er: $ $

Taxes (not cleducted from \vages or included in mortgage payments)

(specify): _ $---- $---­

I11stallment payments

Motor Vehicle $ $ _

Credit card(s) $ $ _

Departlne11t store(s) $ $ _

Other: $ $ _

AlilTIOny, maintenance, and support paicl to others $ . ._ $_._._.. . . .__. ._

Reg"ular expenses for operation of business, profession,


or farm (attach detailed .statement) $ $ _

Other (specify): $ $ _

Total monthly expenses: $ $ _


9. Do you expect any major changes to your monthly income or expenses or in your assets or
liabilities (illrillg tIle next 12 months?

DYes ~NO If yes, describe on an attached sheet.

10. Have you paid - or will you be paying - an attorney any money f~ervices in connection
with this case, including the completion of this form? DYes Iro
If yes, ho\v mllch? _

If yes, state the attor11ey's name, address, and telepllone number:

11. Have you })aid-or ,,-rill you be paying-anyone other than an attorney (such as a paralegal or
a tYl)ist) any money for services in conllection with this case, includillg tIle Coml)letion of this
form'?

D Yes ~o
If yes, how m £ _

If yes, state the I)erSOn's l1ame, address, and telephone nllmber:

12. Provide anJl other illformation that will help explain why you cannot !)ay the costs of this case.

I declare u11der penalty of perjury that the foreg"oing is true and correct.

Executed 011: ---3J~_U-----'-Y£~""~-",",,"-;;?---f-f--, 20V


Your New Benefit AJnount

BENEFICIARY'S NAME: NEIL J GILLESPIE

Your Social Security benefits will increase by 0.3% percent ill 2017 because of a rise in the
cost of living. You can use this letter as proof of your benefit amount if you need to apply
for food, rent, or energy assistance. You can also use it to apply for bank loans or for other
business. Keep tllis letter with your important financial records.

How Much Will I Get And When?


• Your monthly amount (before deductions) is $2,005.00
• The amount we deduct for Medicare medical insurance is $111.00
(Ifyoll did not have Medicare as of November 17,2016,
or if someone else pays your premium, we show $0.00.)
• The amount we deduct for your Medicare prescription drug plan is
(We will notify you if the amount changes in 2017. Ifyoll did not elect
withholding as of November 1,2016, we show $0.00.)
• The amount we deduct for voluntary Federal tax withholding is
(If you did not elect voluntary tax withholding as of
November 17,2016, we show $0.00.)
• After we take any other deductions, you will receive $1.894.00
on or abollt Jan. 3,2017.

Ifyoll disagree with any of these amounts, you must write to us within 60 days from the
date you receive this letter. We would be happy to review the amounts.

Ifyoll receive a paper check and want to switch to an electronic payment, please visit the
Departlllent of the 'I'reasury's Go Direct website at www.godirect.org online.

FIRST-CLASS MAIL
SOCIAL SECURITY ADMINISTR.'TON PRESORTED
~11D-ATLANTIC.PROGRAM SERVICE CENTER POSTAGE AND FEES PAID
300 SPRING GARDEN s'r SOCIAL SECURITY
PHlLAD.f:LPlfIA PA 19123-2999 ADMINISTRATION
PERMIT NO. G-11
OFFlC\Al BUSINESS
PENALTY FOR PRIVATE USE. $300

1I1I'1.11I11..1I111111I11I1I11,llllhll.11'11111,1111'111,1111111
IND AUTO**SCH 5-DIGIT 34476
}4'4R11F-0523443 4-011 43/1354/2194
NEIL J (lILLESPIE
8092 S W 115 LOOP
Securing today
DACLA FL 34481-3567
and tomorrow
No:
----------

IN THE

SUPREME COURT OF THE UNITED STATES

NEIL J. GILLESPIE, ETC., - PETITIONERS

vs.

REVERSE MORTGAGE SOLUTIONS, INC., - RESPONDENT

PROOF OF SERVICE

I, Neil J. Gillespie, do swear or declare that on this date, June 29, 2017, as required by
Supreme Court Rille 29 I have served the enclosed MOTION FOR LEAVE TO PROCEED IN
FORMA PAUPERIS and PETITION FOR A WRIT OF CERTIORARI on each party to the
above proceeding or that party's counsel, and on every other person required to be served, by
depositing an envelope containing the above documents in the United States mail properly
addressed to each of them and with first-class postage prepaid, or by delivery to a third-party
commercial carrier for delivery within 3 calendar days.

The names and addresses of those served are as follows:

Curtis Wilson, Esq.

Florida Bar No. 77669

McCalla Raymer Leibert Pierce, LLC

225 E. Robinson St. Suite 115

Orlando, FL 32801

Phone: 407-674-1850

Fax: 321-248-0420

Email: MRService@mccalla.com

I declare under penalty of perjury that the foregoing is true and correct.

Executed on June 29, 2017.


No: _______________________

_______________________

IN THE

SUPREME COURT OF THE UNITED STATES


____________________

NEIL J. GILLESPIE, ETC., - PETITIONERS

vs.

REVERSE MORTGAGE SOLUTIONS, INC., - RESPONDENT


________________________

ON PETITION FOR A WRIT OF CERTIORARI TO

The Supreme Court of Florida, Case No.: SC17-561


____________________

PETITION FOR A WRIT OF CERTIORARI

Submitted June 29, 2017

by

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net

_______________________

This Petition has an imbedded Rule 13.5 Application


to combine Florida Supreme Court Case No. SC17-739
and extend the time to file a petition for writ of certiorari.
QUESTIONS PRESENTED

1. Does the Seventh Amendment to the United States Constitution guarantee the right to a
trial by jury in a state court residential home foreclosure of a federal Home Equity Conversion
Mortgage [12 USC § 1715z–20; 24 CFR Part 206] also called a HECM reverse mortgage?

2. Does a disabled homeowner age 61 have a right to assistance of counsel under the federal
Older Americans Act, 42 U.S. Code Chapter 35 - PROGRAMS FOR OLDER AMERICANS, for
old age, and disability including Post Traumatic Stress Disorder (PTSD), and Traumatic Brain
Injury (TBI)?

3. Can the Civil Rights Division, Voting Section, U.S. Department of Justice ignore the
enclosed Voting Section complaint against Florida’s rigged judicial elections?

4. Can the U.S. Department of Justice deny on May 18, 2017 my FOIA into the mental
health screening imposed by the Florida Supreme Court on bar applicants, because the records
you have requested pertain to an ongoing law enforcement proceeding?

5. Can the U.S. Supreme Court ignore wrongdoing in Petition 12-7747 for a writ of
certiorari as stated in the enclosed letter of Mr. Clayton Higgins on October 19, 2016?

6. Do time limits on civil litigation have any meaning? Pursuant to Fla. R. Jud. Admin.
2.250(a)(1)(B), the time standard for a civil trial case is 18 months from filing to final
disposition. Non-jury cases — 12 months (filing to final disposition)
LIST OF PARTIES

NEIL J. GILLESPIE, ETC., - PETITIONERS

vs.

REVERSE MORTGAGE SOLUTIONS, INC., - RESPONDENT


TABLE OF CONTENTS

OPINIONS BELOW........................................................................................................ 1

JURISDICTION. ..............................................................................................................

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED ........................

STATEMENT OF THE CASE ............................................................................................

REASONS FOR GRANTING THE WRIT ........................................................................

CONCLUSION....................................................................................................................

INDEX TO APPENDICES

APPENDIX A

APPENDIX B

APPENDIX C

APPENDIX D

APPENDIX E

APPENDIX F
TABLE OF AUTHORITIES CITED

CASES PAGE NUMBER

STATUTES AND RULES

OTHER
IN THE

SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.

OPINIONS BELOW

The opinion of the highest state court to review the merits appears at Appendix to the petition
and is unpublished

Supreme Court of Florida, FRIDAY, MARCH 31, 2017


CASE NO.: SC17-561
Lower Tribunal No(s).:
5D16-4324; 422013CA000115CAAXXX
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
STATEMENT OF THE CASE

I request additional time.

Pursuant to Fla. R. Jud. Admin. 2.250(a)(1)(B), the time standard for a civil trial case is 18
months from filing to final disposition. Non-jury cases — 12 months (filing to final disposition)

My foreclosure case commenced January 9, 2013. Today is June 23, 2017. The duration is 1626
days; or 4 years, 5 months, 14 days. This case has taken 3 or 4 times as long as provided by the
rules (depending on how this case ends, as a civil trial case, or non-jury trial; it is currently a
non-jury trial).

Exceeding time limits by many years has major negative health consequences. The same tactic
was used by the court in the Hillsborough case, which began in 2005. That’s 12 years total.
REASONS FOR GRANTING THE PETITION
CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted,

__________________________

Date: June 29, 2017


Supreme Court of Florida
FRIDAY, MARCH 31, 2017

CASE NO.: SC17-561


Lower Tribunal No(s).:
5D16-4324; 422013CA000115CAAXXX

NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE


SOLUTIONS, INC.

Petitioner(s) Respondent(s)

This case is hereby dismissed. This Court lacks jurisdiction to review an


unelaborated decision from a district court of appeal that is issued without opinion
or explanation or that merely cites to an authority that is not a case pending review
in, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla.
2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d
1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v.
Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ’g Co. v. Editorial Am. S.A.,
385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).
No motion for rehearing or reinstatement will be entertained by the Court.

A True Copy
Test:

tr
Served:

CURTIS ALAN WILSON


NEIL J. GILLESPIE
HON. DAVID R. ELLSPERMANN, CLERK
HON. ANN MELINDA CRAGGS, JUDGE
HON. JOANNE P. SIMMONS, CLERK
Filing # 57043816 E-Filed 05/30/2017 11:52:57 AM

Supreme Court of Florida


TUESDAY, MAY 30, 2017

CASE NO.: SC17-739


Lower Tribunal No(s).:
5D16-3886; 422016CA000712CAAXXX

NEIL J. GILLESPIE vs. SUMTER ELECTRIC COOPERATIVE, INC.

Petitioner(s) Respondent(s)

Petitioner's motion for extension of time is granted, and petitioner is allowed


to and including July 31, 2017, in which to serve the brief on jurisdiction. Multiple
extensions of time for the same filing are discouraged. Absent extenuating
circumstances, subsequent requests may be denied.
All other times will be extended accordingly.

A True Copy
Test:

two
Served:

KEVIN MCKINLEY STONE


LEWIS W. STONE
WILLIAM G. WATSON
NEIL J. GILLESPIE
MATTHEW GUY MINTER
u.s. Department of Justice
Civil Rights Division

Freedom ofInformation/Privacy Acts Branch - BICN


NDH:ANF:AKL 950 Pennsylvania Ave., NW
15-00439-F Washington, DC 20530

Mr. Neil J. Gillespie


8092 SW 115th Loop
Ocala, FL 34481 MAY 18 2011

Dear Mr. Gillespie:

This is in response to your April 29, 2015 Freedom of Information Act request, received
by the Civil Rights Division, seeking access to records on the U.S. Department of Justice
investigation into the mental health screening imposed by the Florida Supreme Court on bar
applicants.

The records you have requested pertain to an ongoing law enforcement proceeding. After
consideration of the responsive records, I have determined that access to the documents should
be denied pursuant to 5 U.S.C. §552(b)(7)(A), since disclosure thereof could reasonably be
expected to interfere with law enforcement proceedings. I have further determined that certain
information within these records that is exempt from disclosure pursuant to 5
U.S.C.§552(b)(7)(A) should also be denied pursuant to 5 U.S.C. §552(b)(5), since the records
consist of attorney work product and include intra-agency memoranda containing pre-decisional,
deliberative material; and 5 U.S.C. §552(b)(7)(C) since disclosure of information contained in
these records could reasonably be expected to constitute an unwarranted invasion of personal
prIvacy.

You may resubmit your request once the Justice Department has closed this matter, and
we will be happy to provide you with any documents that may be released which will not
jeopardize the Department's currently active enforcement interest in this matter.

If you are not satisfied with my response to this request, you may administratively appeal
by writing to the Director, Office of Information Policy (OIP), United States Department of
Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may
submit an appeal through OIP's FOIAonline portal by creating an account on the following web
site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be
postmarked or electronically transn1itted within 90 days of the date of my response to your
request. If you submit your appeal by mail, both the letter and the envelope should be clearly
marked "Freedom of Information Act Appeal."

Sincerely,

;V---irdh ::p, ~(/t/~~

Nelson D. Hermilla, Chief

Freedom of Information/Privacy Acts Branch

Civil Rights Division

SUPREME COURT OF THE UNITED STATES

OFFICE OF THE CLERK

WASHINGTON, DC 20543-0001

October 19,2016

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

RE: Neil J. Gillespie

Dear Mr. Gillespie:

In reply to YOllr letter or submission, received July 1, 2016, I regret to inform you that
the Court is unable to assist you in the matter you present.
Under Article III of the Constitution, the jurisdiction of this Court extends only to the
consideration of cases or controversies properly brought before it from lower courts in
accordance with federal law and filed pursuant to the Rules of this Court.
Your papers are herewith returned.

Sincerely,

Scott S. Harris, Clerk

By: lYk"/1 I ~"VJ..


Clayton R. Higgins,
l

\
(202) 479-3019

Enclosures
Justice Clarence Thomas June 29, 2016
Supreme Court of the United States
1 First St. NE
Washington, DC 20543

RE: Application No. 12A215, granted September 13, 2012 by Justice Thomas extending the time
to file until December 10, 2012.

Neil J. Gillespie, Applicant v. Thirteenth Judicial Circuit, et ale


Lower Ct: United States Court of Appeals for the Eleventh Circuit

Case Nos.: (12-11028, 12-11213)

Dear Mr. Justice Thomas,

On September 13, 2012 you granted my Application 12A215 as captioned above, and as shown
on the enclosed correspondence, for CAll cases 12-11028 and 12-11213.

On December 10, 2012 the Clerk docketed my Petition 12-7747 for a writ of certiorari and
motion for leave to proceed in forma pauperis as shown on the enclosed docket. However, it
appears CAll case 12-11213 was removed from Petition 12-7747 as the enclosed docket only
shows CAll case 12-11028. Also, the district court docket does not show Petition 12-7747.

Subsequently I learned trial Judge William Terrell Hodges engaged in bribery with counsel Ryan
Christopher Rodems regarding a purported settlement, one that never actually occurred, and
likely accounts for the removal of CA11 case 12-11213 from Petition 12-7747. So while Petition
12-7747 was denied cert., and rehearing, the denial is only toward CAll case 12-11028.

The judicial misconduct has affected a subsequent case, Petition No. 13-7280, because Judge
Hodges presided as trial judge in that case too. Enclosed you will find the docket for Neil J.
Gillespie, Petitioner V. Reverse Mortgage Solutions, Inc., et al. This is a wrongful foreclosure on
a Home Equity Conversion Mortgage or HECM reverse mortgage on my Florida homestead. I
am alive and living in my home as my primary residence, making this foreclosure premature at
best. The case is ongoing in state court, Marion County Florida 2013-CA-115.

I plan to make complaints under the Judicial Conduct and Disability Act of 1980 soon. I read
you may retire soon, and wanted to send this letter before you left the court. Thank you.

Sincerely, ~~
Neil J. Gillespie
8092 SW 115th Loop Tel. 352-854-7807
Ocala, F-Iorida 34481 Email: neilgillespie@mfi.net Enclosures

VIA UPS Next Day Air Saver, No. lZ64589FNW95427265


Service List July 14, 2017
I hereby certify the names below with email addresses were served July 14, 2017 through the
Florida Portal. No service by U.S. mail. Service may include additional names on the Florida
Portal, see NOTICE OF SERVICE OF COURT DOCUMENTS generated by the Florida Portal.

Curtis Wilson, Esq. Colleen Murphy Davis, Asst. U.S. Attorney


McCalla Raymer Leibert Pierce, LLC United States Attorney’s Office, HUD Counsel
225 E. Robinson Street, Suite 155 Secretary, U.S. Dept. Housing/Urban Development
Orlando, FL 32801 400 N. Tampa Street, Suite 3200
Phone: (407) 674-1850; Fax: (321) 248-0420 Phone: 813-274-6000; Fax: 813-274-6358
Email: MRService@mrpllc.com Tampa, FL 33602
Email: MRService@mccalla.com Email: USAFLM.HUD@usdoj.gov
Fla. Bar No.: 77669 Email: Michalene.Y.Rowells@hud.gov

Development & Construction Corporation Oak Run Homeowners Association, Inc.


of America (DECCA), Priya Ghumman, (ORHA) c/o ORHA Board of Directors
Registered Agent, Name Changed: 11/04/2009 Email: orhaboard@yahoo.com
c/o Carol Olson, Vice President of Admin. Paul Pike, Registered Agent
Administration and Secretary-Treasurer Name Changed: 03/12/2014
10983 SW 89 Avenue, Ocala, FL 34481 11665 SW 72nd Circle, Ocala, FL 34476
Email: colson@deccahomes.com Address Changed: 03/12/2014

Robert A. Stermer, Fla. Bar. No. 827967; Email sv1@atlantic.net; Email stermer.law@aol.com
7480 SW Hwy. 200, Ocala, FL 34476-9208, Office: (352) 861-0447, Fax: (352) 861-0494.
• Mr. Stermer represented Neil J. Gillespie & Penelope Gillespie / Gillespie Family Living
Trust Agreement dated February 10, 1997 (“Trust”) at the HECM closing on June 5, 2008.
• Mr. Stermer provided free client notary services to Neil J. Gillespie, and presided over the
transfer of the property free and clear to Neil J. Gillespie, but did not represent him.
• Mr. Stermer changed loyalties, and obtained Gillespie’s confidential client information to
benefit third parties. Mr. Stermer formerly represented the Defendants DECCA and ORHA.

Neil J. Gillespie owns the property free and clear at 8092 SW 115th Loop, Ocala, FL 34481;
Email: neilgillespie@mfi.net; the Trust terminated on February 2, 2015, see attached. The
HECM reverse mortgage is void (borrower incompetence), and voidable (§ 10(b) 1934 Act).
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; the Trust terminated on February 2, 2015, see attached; c/o
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997; NONE; the Trust Terminated February 2, 2015, see attached; c/o Neil J.
Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Notice of Defendants’ Consent to Judgment, July 5, 2013, see attached
1. Mark Gillespie, and unknown spouse of Mark Gillespie n/k/a Joetta Gillespie, 7504 Summer
Meadows Drive, Ft. Worth, TX 76123, Email: mark.gillespie@att.net
2. Elizabeth Bauerle / Elizabeth Bidgood, 7926 SW 112th Lane, Ocala, Florida 34476-9164,
Email: oakrunner2000@yahoo.com;
Unknown spouse of Elizabeth Bauerle / Elizabeth Bidgood, n.k.a. Scott (Allen) Bidgood, 7926
SW 112th Lane, Ocala, FL 34476-9164. Email: c/o oakrunner2000@yahoo.com.
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997

STATE OF FLORIDA ) 1111111111111111111111111111111111111111


DAVID R EllSPERMANN CLERK & COMPTROLLER MARION co
) SS.: DATE: 02/03/2015 11 :55:32 AM
COUNTY OF MARION ) FILE #: 2015009748 OR BK 6161 PGS 1844-1845
AFFIDAVIT REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0

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

sworn deposed upon oath as follows:

I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on

personal knowledge unless otherwise expressly stated.

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

1997 (hereinafter "Trust").

\ \

oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address

..
" ~:.

8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I

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

7013-007-00 I, legal description:

Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.

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

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

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

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

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

transferring the property to the beneficiary without going through probate.

6. Pursuant to Fla. Stat. § 736.0414 Modification or tenn ination of uneconomic trust. (1)

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

Book6161/Page1844 CFN#2015009748 Page 1 of 2


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

value of the trust. property is insufficient to justify the cost of administration.

FURTHER AFFIANT SA YETH NOT,

The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL­
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as

. identification and· states that he is. the person who made this affidavit and that its co~tents are

truthful to the best of his knowledge, information and belief.

r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015

~(?JI(s2. Lr0L
Print Na of Notary PublIc

My Commission Expires: --2J......;;J;_~-=-


.._'_)5 _

Book6161/Page1845 CFN#2015009748 Page 2 of 2


Robert A. Stermer., Esq.
Statement
7480 SW Highway 200
Ocala, FL 34476 I DATE I
3/23/2016

I BILL TO

The Gi Ilespie Trust


c/o Mr. Neil Gillespie
8092 SW 115th Loop
Ocala. FL 34481

AMOUNT DUE AMOUNT ENC.

$0.00

DATE DESCRIPTION QTY RATE AMOUNT BALANCE

12/31/2007 Balance forward 0.00


05/16/2008 1 300.00 300.00 300.00
RAS: Reviewed trust and good faith estimate:

Reviewed Power of Attorney: Telephone

conference with bank: Telephone conference

with Mr. Gillespie.

--- 300 rate, 1 (g) $300.00 = 300.00

06/11/2008 PMT #326. Thank You


-300.00 0.00
09/22/2008 0.2 100.00 20.00 20.00
KAS: Prepared letter to Mr. Gillespie re:

Conlplaint against Sun Trust Bank.

--- 100 rate, 0.2 (ij) $100.00 = 20.00

10/06/2008 CREDMEM #365.


-20.00 0.00
--- 1. 20 i(f $1 .00 = -20.00

1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS
CURRENT AMOUNT DUE
DUE DUE DUE PAST DUE

0.00 0.00 0.00 0.00 0.00 $0.00


Page 1 of 1

Neil Gillese!! _

From: "LIZ BAIZE" <LIZB@parkavebank.com>

To: <neilgillespie@mfi.net>

Sent: Tuesday, June 10, 2008 4:49 PM

Subject: update

Neil, there may be a day or two delay in funding your loan. I just notified your attorney that a
small revision needed to be done because A) with all that signing, a signature line for your mom
was missed AND the interest rate for the week before, although a slight difference, was picked up
in closing package and identified prior to being sent to RUD.
Richard (at our expense) has agreed to go to your attorneys office to meet you there to sign the
corrections; and Mr. Stermer said that was fine with him. I am trying to confrrm with Liberty that
they will cover any cost incurred if a notary needs to go back out to Mark.
The difference in rate over the life of the loan is less than 1/8th percent. As soon as I know more I
will be in touch.
Sincerely,
Liz Baize
PAB

We at Park Avenue Bank care about your privacy and security.

Since email is not a secure form of communication, please do not send any
confidential information using email.

6/10/2008

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-OOOl15

Plaintiff,
v.

MARK GILLESPIE, et al.,

Defendants.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~I

NOTICE OF DEFENDANTS' CONSENT TO ,JUDGMENT

Defendants, MARK GILLESPIE and JOETTA 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


6
d
~
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.

?W
."
. . . . CRe
.,•.•~.:
..~e...
"'\

. URr."
_••, "'C2'.
STATE Of FLORtDA.COIIdYOF,..
I HEREBY CERTIFY thIt tfIe
correct copy of pages.....L.:
='
Iflstrument ffied to this ofb.

~ true"
~ ..

"''1&:
- a. .",;" The onglnal Instrument filed ~

KEL File #13LAW34876 ~.:


~~
~ \
e

!le.I'
:
u- /e
.f!!.f' ThiS copy has no r~

I j.. ..•• ,.'.'I /./ C] ThJS copy has been redacted purSBlt to 1M

-. ~CP-
," • *~ ..­ =~,:prt:fj;'f{r;UtJ,

\\\\ ~R10 .......:­


"""

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have electronically filed via the Florida Courts eFiling
Portal and furnished a true and correct copy of the foregoing to Angela M. Brenwald, Esquire, of
McCalla Raymer LLC, 225 E. Robinson St., Orlando, FL 32801,
mrservice@mccallaraymer.com; via [xl 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.conl
Secondary Email: KELinbox@kelattomeys.com
Attorney for Defendants: MARK GILLESPIE and
JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE

KEL File #13LAW34876


2017 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT# N12275 Mar 09, 2017
Entity Name: OAK RUN HOMEOWNERS ASSOCIATION, INC. Secretary of State
CC8243644526
Current Principal Place of Business:
10630 SW 71ST CIRCLE
OCALA, FL 34476-3955

Current Mailing Address:


P.O. BOX 772681
OCALA, FL 34477-2681 US

FEI Number: 59-2775615 Certificate of Status Desired: No


Name and Address of Current Registered Agent:
PIKE, PAUL
11665 SW 72ND CIRCLE
OCALA, FL 34476 US

The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.

SIGNATURE:
Electronic Signature of Registered Agent Date

Officer/Director Detail :
Title DIRECTOR Title S
Name MESSEROLL, TERRI Name SKOWRONSKI, LINDA
Address 10962 SW 82ND TR Address 10779 SW 71ST CR
City-State-Zip: OCALA FL 34481 City-State-Zip: OCALA FL 34476

Title DIRECTOR Title TREASURER


Name SCHAUB, LINDA Name WADDELL, PATTY

Address 8287 SW 115TH LN Address 10630 SW 71ST CIRCLE

City-State-Zip: OCALA FL 34481 City-State-Zip: OCALA FL 34476-3955

Title DIRECTOR Title VP

Name NILES, PAT Name ROUTTE, HELEN

Address 11617 SW 72ND CR Address 11708 SW 71ST CIR

City-State-Zip: OCALA FL 34476 City-State-Zip: OCALA FL 34476

Title DIRECTOR Title DIRECTOR

Name MARENTAY, PETER Name ROURKE, BOB

Address 8520 SW 108TH ST Address 8597 SW 108TH PL RD

City-State-Zip: OCALA FL 34481 City-State-Zip: OCALA FL 34481

Continues on page 2

I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.

SIGNATURE: PATTY WADDELL TREASURER 03/09/2017


Electronic Signature of Signing Officer/Director Detail Date
Officer/Director Detail Continued :
Title PRESIDENT Title DIRECTOR
Name STOTT, DAVID Name SHEETZ, BOB
Address 10842 SW 91ST CT Address 6565 SW 111TH LP
City-State-Zip: OCALA FL 34481 City-State-Zip: OCALA FL 34476

You might also like