Beruflich Dokumente
Kultur Dokumente
C.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SPOUSE OF
ELIZABETH BAUERLE
D.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SPOUSE OF
ELIZABETH BAUERLE, 6356 SW 106th Place, Ocala, Florida, 34476.
2.
My responses the Plaintiffs Notice of Action to Foreclose were Motions to Dismiss, and
At the time my Affidavits were notarized January 8, 2016, and my responses filed with this
Court, the Kane County Illinois Clerk had not provided a response to my FOIA made December
23, 2015 under the Illinois Freedom of Information Act (FOIA) law, 5 ILCS 140/1 et seq.
4.
5.
Records for John A. Cunningham, Kane County Illinois Clerk provided the first of two email
responses. The second response of Ms. Becker was by email at 5:01 PM.
6.
On information and belief, the forgoing by Ms. Becker is not appropriate to my situation
because I do not have all the information requested. I do not know the date of the marriage. I am
not certain the marriage took place in Kane County. The $16.00 fee to Kane County is onerous
when compared to the $5.00 fee requested by the Illinois Department of Health for Verification
of a Marriage Record. http://www.idph.state.il.us/vitalrecords/marriage/Pages/default.htm
For a non-refundable $5 fee (410 ILCS 530/3), facts of a marriage or civil union that
took place between 1962 and current index year may be available.
8.
On January 10, 2016 I made application to the Illinois Department of Health, Division of
Vital Records, for Verification of a Marriage Record, verification of the Illinois Marriage Record
of Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown
spouse of Elizabeth Bauerle. My application appears at Exhibit 2.
9.
Today January 11, 2016 the Illinois Department of Health, Division of Vital Records,
The Illinois Department of Health, Division of Vital Records website shows These orders
may take seven business days to process. (fax). My application is shipping by UPS 3 Day Select
Service, and scheduled to arrive Thursday January 14, 2016 at the Division of Vital Records.
11.
Processing time of seven business days would end on Wednesday, January 27, 2016. I
believe the verification is mailed, which will add several more days time until I get the
3
Verification of a Marriage Record for the Illinois marriage of Elizabeth Bauerle, n.k.a. Elizabeth
Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle.
12.
Once I get the Verification of a Marriage Record for the Illinois marriage of Elizabeth
Bauerle, n.k.a. Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of
Elizabeth Bauerle, I will have the information necessary to amend my 4 responses to the Plaintiffs
Notice of Action to Foreclose I filed on January 8, 2016:
A.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SETTLORS
BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997.
B.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SETTLORS
BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, 8092 SW 115TH LOOP, OCALA, FL 34481.
C.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SPOUSE OF
ELIZABETH BAUERLE
D.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SPOUSE OF
ELIZABETH BAUERLE, 6356 SW 106th Place, Ocala, Florida, 34476.
13.
Given the foregoing, I expect to file 4 amended responses on or about February 1, 2016.
14.
The Plaintiff filed on January 7, 2016 an improper Motion for Default. Plaintiffs Motion
The Plaintiff knowingly and wrongly filed this action as a commercial foreclosure
when in fact the Plaintiff and its counsel knows this is a residential foreclosure of my Florida
homestead. The Plaintiff has failed to comply with Florida Statutes Chapter 702, Foreclosure of
Mortgages and Statutory Liens, and section 702.015 Elements of complaint; lost, destroyed, or
stolen note affidavit. The Plaintiff has failed to comply with Florida Rules of Civil Procedure,
Rule 1.115, Pleading Mortgage Foreclosures and subparts (a) through (e).
WHEREFORE, I respectfully move the Court to dismiss with prejudice Plaintiffs entire
action. In the alternative, I move the Court to file 4 amended responses on or about February 1,
2016 once I get information from the Illinois Department of Health, Division of Vital Records,
the Verification of a Marriage Record for the Illinois marriage of Elizabeth Bauerle, n.k.a.
Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle.
RESPECTFULLY SUBMITTED January 11, 2016.
Neil J. Gillespie
Mr. Curtis Wilson, Esq.
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: MRService@mccallaraymer.com
Gregory C. Harrell
General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller
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
Email: neilgillespie@mfi.net
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
Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAO
To requests by Neil J. Gillespie made under Illinois state law, the
Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., and the
Illinois law for marriage licenses (410 ILCS 535-Vital Records Act)
Exhibit 1.
Nov-23-2015, email only of Rebecca Paul 1p (City St. Charles), Marriage License
records are located at the Kane County Clerk's office (630-232-5950).
Exhibit 2.
Exhibit 3.
Exhibit 4.
Dec-16-2015, email only of Kane County Clerks Office, Shauna Becker, FOIA
Officer [not Supervisor of Vital Records] re confusion with correct office. 1p
Exhibit 5.
Exhibit 6.
Exhibit 7.
Jan-06-2016, SAO email and attachment, 9 pages total. Got phone call from ASA
Joseph Lulves says response was emailed Dec-24-15. Emailed again today, also
sending by US mail (not necessary). Request granted, docs attached are my docs.
Exhibit 8.
Jan-08-2016, email 3.41pm 1p, letters Jan-08-16 & Dec-18-15 John Cunningham,
Kane County Clerk, by Shauna Becker, FOIA Officer/Supervisor of Vital
Records, 6 pages total, includes a 1p Vital Record Certified Copy Request
Email Subject: Kane County Clerk Response FOIA. Black color email font.
NOTE: Shauna Becker shows she is now Supervisor of Vital Records. First, I am
responding to your inquiry regarding the FOIA you submitted on Dec. 23, 2015.
We has already sent you a response to the same request on December 18, 2015.
NOTE: My FOIA Dec-23-15 is materially different than the FOIA Dec-18-15.
Ms. Becker then described the wrong process to get a marriage verification.
Exhibit 9.
Jan-08-2016, email 5.01pm 8p, letter in Free Opener (cant open-print to PDF),
of John Cunningham, Kane County Clerk, by Shauna Becker, FOIA Officer
/Supervisor of Vital Records, 10 pages total; change in email font color to blue.
Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAO
To requests by Neil J. Gillespie made under Illinois state law
Email Subject: FW: Illinois Freedom of Information Act Request: FOIA request
for Kane County Illinois marriage record. Note: Free Opener letter not signed.
NOTE: Shauna Becker shows she is now Supervisor of Vital Records.
Exhibit 10.
Exhibit 11.
Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAO
To requests by Neil J. Gillespie made under Illinois state law
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Subject:
Hi Neil,
Thank you very much for your inquiry.
Marriage License records are located at the Kane County Clerk's office (630-232-5950).
http://www.co.kane.il.us/coc/Records/Marriage/marriagelicense.asp
Thank you,
Rebecca
Rebecca Paul
rpaul@stcharlesil.gov | phone:630.377.4400
www.stcharlesil.gov
-----Original Message----From: webmaster@stcharlesil.gov [mailto:webmaster@stcharlesil.gov] On Behalf Of
neilgillespie@mfi.net
Sent: Monday, November 23, 2015 2:47 PM
To: INFO
Subject: [general inquiries] public records
Neil Gillespie sent a message using the contact form at http://www.stcharlesil.gov/contact.
This is a request for public records, the marriage record of Elizabeth Bauerle and Scott Bidgood, which
marriage occurred sometime after March 11, 2010, the date of Mr. Bidgoods voluntary petition for
chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).
The address shown is 34w584 Illinois St., Saint Charles, IL 60174.
I need a copy of the marriage record, license or certificate for a legal matter in the State of Florida. Time
is of the essence. Thank you.
Report as inappropriate:
http://www.stcharlesil.gov/mollom/report/mollom_captcha/151123f7fd34a09be3-
1
1/10/2016
JOSEPH H. MCMAHON
State's Attorney
Kane County Courthouse
100 South Third Street, 4th Floor
Geneva, Illinois 60134
Civil Division:
(630) 208-5320
December 10,2015
Neil J. Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481
Re:
seq.
We note this office is not involved in the marriage process, and does not maintain
IToseph F. Lulves
Assistant State's Attorney
FOIA Officer
Contact Information Above
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Page 1 of 2
Neil Gillespie
From:
To:
Cc:
Sent:
Subject:
By way of this email, I am including and forwarding your message to John A. Cunningham,
Kane Co. Clerk who handles marriage records in Kane Co. I am also copying the Countys
FOIA department as well.
Its appears the email address you have for John Cunningham is incorrect and I am not sure he
has received any prior correspondence you have sent to him concerning this issue.
Both Rebecca Paul and myself are employees (Receptionists) of the City of St. Charles and are
in no way tied to the affairs of the Kane County Clerks office. Please remove us from this
email thread from this point forward.
Sincerely,
Karen Muehlfelt
_________________________________
CITY OF ST CHARLES, ILLINOIS
Ms. Muehlfelt and Ms. Paul: Please acknowledge this FOIA sent yesterday. When can I expect a
response?
----- Original Message -----
3
1/10/2016
Page 2 of 2
1/10/2016
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Subject:
I wanted to let you know that we have received your FOIA request, as I understand there was
some confusion as to the correct office to send it to. I have received it, and we are reviewing
your request. I will get back to you within the 5 days allowed under FOIA.
Thank you for your patience,
Sincerely,
Shauna Becker
FOIA Officer
Kane County Clerks Office
719 S. Batavia Ave.
Geneva IL 60134
630-232-5954
beckershauna@co.kane.il.us
4
1/10/2016
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
Good Afternoon,
Please see the attached document pertinent to your FOIA request with the Kane County
Clerks Office on December 15, 2015.
Sincerely,
Shauna Becker
FOIA Officer
Kane County Clerks Office
719 S. Batavia Ave.
Geneva, IL 60134
630-232-5954
Beckershauna@co.kane.il.us
5
12/19/2015
COUNTY OF KANE
John A. Cunningham
KANE COUNTY CLERK
719 S. Batavia Ave.
Geneva, Illinois 60134
FOIA Request of December 15, 2015 to the Kane County Clerkls Office
to:
Public Access Counselor
Office of the Attorney General
nd
500 South 2 Street
Springfield, Il 62706
Fax: 217-782-1396
E-mail; publicaccess@atg.stateJLus
You also have the right to seek judicial review of your denial by filing a lawsuit in the State circuit court. SJLCS
140/11.
If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this
denial letter. 5 ILCS 140/9.5(a).. Please note that you must include a copy of your original FOIA request and this
denial letter when filing a request for Review with the PAC.
Also please note that the date of your request with our office was December 15, 2015. We have 5 business days
in which to respond to your request, and the counting of the first day began on December 16. So today is day
three, and we have responded to your request within the time allowed under FOIA. I wanted to be sure that you
knew that we were responding within the appropriate period of time. The request that you fiJed with the State's
Attorney's office does not apply to our office, since they were two separate requests and two different offices.
If you have further questions, please call our office at 630-232-5950.
Sincerely,
Shauna Becker
FOIA Officer
Kane County Clerk's Office
719 S. Batavia Ave.
Geneva, IL 60134
630-232-5950
beckershauna@co.kane.il.us
Date Requested:
o U.S. Mail
o Fax
JnPerson
neilgille5pie@m~.net
Phone No.:
352-854-7807
Fax No.:
nfa
RECEIVED
ntC 15 2015
KANE COUNTY CLERK
RECORDS REOUESTED:
Marriage record of Elizabeth Bauerle and Scott Bidgood for use in a legal matter in the state of Florida, the
wrongful HECM reverse mortgage foreclosure of my home, Case No. 2013-eA-OOll 5, Marion County.
Florida. Elizabeth Bauerle, N.KA. Elizabeth Bidgood, gave Notice of Consent to Judgment July 8, 2013. The
issue is any residual interest of Mr. Bidgood in the case. The marriage occurred sometime after March 11,
2010, the date of Mr. Bidgood's voluntary petition for chapter 7 bankruptcy, Case 10..10313, U.S.
Bankruptcy Court, Northern District of Illinois (Chicago). Mr. Bidgood's address is shown as 34wS84 Illinois
St., Saint Charles, IL 60174. I am appearing pro se, a disabled, indigent/insolvent non-lawyer, unable to
obtain adequate counsel, a vulnerable adult, and a consumer of legal and court services affecting
interstate commerce. I am making this request as an attorney in fact. Sperry v. Florida, 373 U.S. 379 (1963).
Do you want copies of the documents?
o Paper Copies
@Yes
ONo
Neil J Gillespie
----------
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
Please see attached document pertinent to your FOIA request of December 21, 2015.
Sincerely
Shauna Becker
FOIA Officer
Kane County Clerks Office
719 S. Batavia Ave.
Geneva, IL 60134
630-232-5950
beckershauna@co.kane.il.us
6
1/10/2016
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Attach:
Subject:
We sent the attached response to you via email on December 24, 2015. We are also putting it in the U.S.
Mail today.
________________________________
From: Neil Gillespie [neilgillespie@mfi.net]
Sent: Tuesday, January 05, 2016 4:25 PM
To: SAO FOIA; Joseph McMahon, Kane County State's Attorney
Cc: Neil Gillespie
Subject: Violation of FOIA submitted December 21, 2015
VIA Email: saofoia@co.kane.il.us<mailto:saofoia@co.kane.il.us>
http://saopublic.co.kane.il.us/Pages/Foia.aspx
State's Attorney's Office FOIA Request
FOIA Officer: Assistant State's Attorney Joseph F. Lulves
Joseph McMahon, Kane County States Attorney
VIA Email: mcmahonjoseph@co.kane.il.us<mailto:mcmahonjoseph@co.kane.il.us>
Re: Freedom of Information Act Request
As of today your office has not responded to my FOIA submitted December 21, 2015, forwarded below.
The due date to respond to my FOIA was Tuesday, December 29, 2015. Provide a response and the
records immediately.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net<mailto:neilgillespie@mfi.net>
----- Original Message ----From: Neil Gillespie<mailto:neilgillespie@mfi.net>
To: saofoia@co.kane.il.us<mailto:saofoia@co.kane.il.us>
Sent: Monday, December 21, 2015 11:09 AM
Subject: Freedom of Information Act Request Form - SAO 12-21-2015
7
1/6/2016
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
Good Afternoon,
Please see the attached regarding your FOIA request with the Kane County Clerks Office.
Please note that I will be out of the office starting Jan. 11, 2016 returning on Jan. 19, 2016.
Sincerely,
Shauna Becker
FOIA Officer/Supervisor of Vital Records
Kane County Clerks Office
719 S. Batavia Ave.
Geneva, IL 60134
630-232-5950
beckershauna@co.kane.il.us
8
1/8/2016
Page 1 of 8
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
Mr. Gillespie,
Please see the attachment regarding the December 23, 2015 FOIA. Vital records are not
obtainable under FOIA. Please see the attached letter that I sent you a short time ago.
Thank you,
Shauna Becker
FOIA Officer
Kane County Clerks Office
January 8, 2016
Kane County Clerk of Court John A. Cunningham
Kane County Circuit Court Clerk
ATTN: Freedom of Information Officer
540 S Randall Rd., St. Charles, IL, 60174
This is a follow up to a previous request:
This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr.
Bidgoods address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition for
chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).
I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373
U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the Commerce
Clause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under the
Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I am
also making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, as
set forth below.
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is unconstitutional under the Equal Protection
Clause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter
382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person within
its jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause
1/10/2016
Page 2 of 8
Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection,
preservation, amendment, and certification of vital records, the collection of other reports required by
this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained
from vital records. http://www.leg.state.fl.us/statutes/index.cfm?
App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html
Chapter 382 Florida Statutes, Vital Statistics http://www.leg.state.fl.us/statutes/index.cfm?
App_mode=Display_Statute&URL=03000399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382
382.003 Powers and duties of the department
382.004 Reproduction and destruction of records
382.005 Duties of local registrars
382.021 Department to receive marriage licenses
382.025 Certified copies of vital records; confidentiality; research
(2) OTHER RECORDS.
(a) The department shall authorize the issuance of a certified copy of all or part of any marriage,
dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidential
and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting it
upon receipt of a request and payment of the fee prescribed by this section.
Florida Department of Health website,
Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record prior
to June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued.
Beginning in 1972, the application to marry section was incorporated with the front of the marriage
record. The application to marry may be available from the Clerk of Court for events prior to 1972.
The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification of
the same record when ordered at the same time. No restrictions exist for ordering these records.
http://www.floridahealth.gov/certificates/certificates/marriage/index.html
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is also unconstitutional under the Supremacy
Clause, and the federal FOIA, 5 U.S. Code 552, that does not provide for an exemption under 5 ILCS
140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause
2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the
supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and
mandates that all state judges must follow federal law when a conflict arises between federal law and
either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause
My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact for
matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).
Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
1/10/2016
Page 3 of 8
1/10/2016
Page 4 of 8
1/10/2016
Page 5 of 8
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is also unconstitutional under the Supremacy
Clause, and the federal FOIA, 5 U.S. Code 552, that does not provide for an exemption under 5 ILCS
140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause
2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the
supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and
mandates that all state judges must follow federal law when a conflict arises between federal law and
either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause
My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact for
matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).
Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
--On Jan. 4, 2016:
Mr. Gillespie,
The below request came into our Research email and Im not sure what you are looking for from our
office. Your request was regarding a marriage record and those are not under the control of the Circuit
Clerks Office.
In Illinois the Freedom of Information Act only applies to the Legislative and Executive branches of
government and does not apply to the judicial branch. 5 ILCS 140/2(a).
The courts have expressly held circuit clerks are not subject to the FOIA. Newman v. Brown, 394
Ill.App.3d 602 (2009)(Non-judicial circuit court clerk component of the judicial branch not subject to
the FOIA). Therefore your request to this office is denied.
Ann Lambert
FOIA Officer
--On Dec. 30, 2015:
To Whom It May Concern:
Pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 to 11), I hereby request the following
records:
VIA Email: CountyClerkFoia@co.kane.il.us
Freedom of Information Act (FOIA) Officers:
Shauna Becker, John Emerson Jr., Raymond Esquivel
John A. Cunningham
1/10/2016
Page 6 of 8
1/10/2016
Page 7 of 8
to June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued.
Beginning in 1972, the application to marry section was incorporated with the front of the marriage
record. The application to marry may be available from the Clerk of Court for events prior to 1972.
The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification of
the same record when ordered at the same time. No restrictions exist for ordering these records.
http://www.floridahealth.gov/certificates/certificates/marriage/index.html
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is also unconstitutional under the Supremacy
Clause, and the federal FOIA, 5 U.S. Code 552, that does not provide for an exemption under 5 ILCS
140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause
2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the
supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and
mandates that all state judges must follow federal law when a conflict arises between federal law and
either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause
My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact for
matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).
Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
The requested documents will be made available to the general public, and this request is not being
made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in
advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if
available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your
response to this request within 5 business days, as the statute requires.
Sincerely,
Neil Gillespie
Filed via MuckRock.com
E-mail (Preferred): 23070-06791270@requests.muckrock.com
For mailed responses, please address (see note):
MuckRock
1/10/2016
Page 8 of 8
DEPT MR 23070
PO Box 55819
Boston, MA 02205-5819
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through
MuckRock by the above in order to better track, share, and manage public records requests. Also note
that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.
1/10/2016
COUNTY OF KANE
John A. Cunninaham
January 8, 2016
Mr. Neil Gillespie
8092 SW 115 th Loop
Ocala, FL 34481
Re:
All of the above information is necessary and must be provided to our office, to obtain the certified record. We do
not provide facsimiles, photocopies or emails of any vital records. Vital records are not obtainable through a
Freedom of Information Act request. Marriage records are not public records.
If you do not wish to obtain the record in the manner I have mentioned above, then you may submit to our office a
subpoena OR a court order signed by ajudge ordering the Kane County Clerk to provide at no charge/or to sell you
the marriage record.
I hope this information is informative and will help you better understand what is required to obtain this record. If
you provide one of these options we will be happy to provide you with the record. Please note that the information
that is required so that we can fill your request in a timely manner and you can receive the record as soon as
possible.
Sincerely,
Shauna Becker
FOIA Officer/Supervisor of Vital Records- Kane County Clerk's Office
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
As I stated, I will be out of the office this next week, but I will be checking my emails should
you have any further inquiries.
Thank you,
Sincerely,
Shauna Becker
FOIA Officer/Supervisor Vital Records
719 S. Batavia Ave.
Geneva, IL 60134
beckershauna@co.kane.ilus
10
1/10/2016
JOSEPH H. MCMAHON
State's Attorney
Civil Division:
(630) 208-5320
Neil J. Gillespie
8092 s"r 115 th Loop
Ocala, Florida 34481
Sent Via Email to:neilgillespie@mfi.net
Re:
Thank you for writing to the Kane County State's Attorney with your request for
seq.
All records concerning you from November 15, 2015 through December 21, 2015.
Documents attached.
Joseph F. Lulves
..
Assistant State's Attorney
FOIA Officer
Contact Information Above
Enc.
11
Civil Division:
(630) 208-5320
December 10,2015
Neil J. Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481
Re:
seq.
We note this office is not involved in the marriage process, and does not maintain
~oseph
F. Lulves
Assistant State's Attorney
FOIA Officer
Contact Information Above
Lulves, Joseph
From:
SAO FOrA
Sent:
To:
Subject:
Attachments:
Please find attached to this email letter my Freedom of Information Act Request, and:
1. Kane County State's Attorney's Office Freedom of Infonnation Act Request Form-Completed
2. Notice of Defendants Consent to Judgment Case No. 20.13-CA-00115, Marion County, FL
3. US BK Court-NorthernDivIL_10-10313 Scott Allen Bidgood, DOCKET
4. Chapter 7 BK, Doc 3 statement of income Scott Allen Bidgood UNMARRIED page2
5. Discharge of Debtor Scott Allen Bidgood Doc 15 Chapter 7 US BK Court Case 10-10313
Tel. 352-854-7807
Email: neilgillespie@mfi.net
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12/10/2015
Street Address:
u.s. Mail
Fax
o In Person
J. Gillespie
neilgillespie@mfi.net
Phone No.:
352-854-7807
Fax No.:
n/a
RECORDS REQUESTED: (Provide as much specific detail as possible so the County can identify the
information you are seeking. You may attach additional pages, if necessary.)
Marriage record of Elizabeth Bauerle and Scott Bidgood for use in a legal matter in the state of Florida, the
wrongful HECM reverse mortgage foreclosure of my home, Case No. 2013-CA-00115, Marion County,
Florida. Elizabeth Bauerle, N.I<.A. Elizabeth Bidgood, gave Notice of Consent to Judgment July 8, 2"013. The
issue is any residual interest of Mr. Bidgood in the case. The marriage occurred sometime after March 11,
2010, the date of Mr. Bidgood's voluntary petition for chapter 7 bankruptcy, Case 10-10313, U.S.
Bankruptcy Court, Northern District of Illinois (Chicago). Mr. Bidgood's address is shown as 34w584 Illinois
St., Saint Charles, IL 60174.1 am appearing pro se, a disabled, indigent/insolvent non-lawyer, unable to
obtain adequate counsel, a vulnerable adult, and a consumer of legal and court services affecting
interstate commerce. I am making this request as an attorney in fact. Sperry v. Florida, 373 U.S. 379 (1963).
Paper Copies
@Yes
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Case No.:
2013CAOOOl15
Plaintiff,
v.
MARK GILLESPIE, et al.,
Defendants.
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The Defendants,
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2.
Ocala, FL 34481 based on an Uevent of default" under the tenns of the Adjustable Rate Note
under the tenns of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4.
5.
The Defendants desire swift resolution to this action so they hereby give consent
. _..
__ . - - - - - - - - - - - - - _ . _ - - - - - - - - - - - - - - - - - -
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
LLC,
225
E.
Robinson
St.,
Orlando,
FL
32801,
McCalla
Raymer
mrservice@mccallaraymer.com; via [xl Email Delivery, today July 5,2013.
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8092 SW 115th Loop
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Thank you for the courtesy of a response. Please respond by email if possible.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
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The Department began recording marriage information on January 1 1962 and civil union information
on January 1. 2012.
FURNISH AL~SSIBLEINFORMATION
Select one:
arriage CI Civil Union
Name of
GROOMJ
PARTNER
Last/Maiden
Bidgood
Date of Birth
Scott
Middle
Allen
First
Middle
Last/Maiden
Date of Birth
January-17-1963
First
Name of
BRIDE!
PARTNER
Ann
Elizabeth
Place of
MARRIAGEI
CIVIL UNION
Month
State
Illinois
County
Kane
City
St. Charles (best guess)
Date of
MARRIAGE!
CIVIL UNION
unknown
Day
unknown. but the marriage took place sometime after June 2010
Year
For a non-refundable $5 fee (410 ILCS 530/3), facts of a marriage or civil union that took place between
1962 and current index year may be available. Additional copies of the same verification requested at the
same time are $5 each. For a non-refundable fee of $10 received from any federal or public agency of
another state (410 ILCS 535/25 (13)), facts of a marriage or civil union that took place between the
same years may be available.
for 1
total copies
APPLICATION MADE BY
Neil J Gillespie
Name
Street Address
City
Ocala
Florida
ZIP
34481
Signature
Make chec
oney 0
Return this form with the proper fee and a legible copy of your non-expired,
lOCI 14-730
Mail To:
Springfield, IL 62702-2737
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FOLD HERE
Page 1 of 1
"DPH.Vitals" <Dph.Vitals@Illinois.gov>
<neilgillespie@mfi.net>
Monday, January 11, 2016 2:47 PM
FW: Verification of a Marriage Record
Mr. Gillespie,
Thank you.
3
1/11/2016
Filing # 36416149
35941683 E-Filed 01/11/2016
12/28/2015 05:11:25
03:45:12 PM
I move for an extension of time under Fla.R.Civ.Pro. 1.090(b)(1) to file responses to,
A.
Plaintiffs Notice of Action to the UNKNOWN SETTLORS BENEFICIARIES
OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY
10, 1997.
B.
Plaintiffs Notice of Action to the UNKNOWN SETTLORS BENEFICIARIES
OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY
10, 1997, 8092 SW 115TH LOOP, OCALA, FL 34481.
C.
Plaintiffs Notice of Action to the UNKNOWN SPOUSE OF ELIZABETH
BAUERLE
D.
Plaintiffs Notice of Action to the UNKNOWN SPOUSE OF ELIZABETH
BAUERLE, 6356 SW 106th Place, Ocala, Florida, 34476.
E.
2.
A response is due on the Plaintiffs four (4) Notice of Action(s) described in paragraph 1
on or before 30 days from first publication, November 26, 2015, which is today December 28,
2015, as calculated under Fla.R.Jud.Admin. 2.514(a)(1)(C).
RULE 2.514. COMPUTING AND EXTENDING TIME
(a) Computing Time. The following rules apply in computing time periods specified in
any rule of procedure, local rule, court order, or statute that does not specify a method of
computing time.
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer
unit of time
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal
holiday, or falls within any period of time extended through an order of the chief justice
under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to
run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does
not fall within any period of time extended through an order of the chief justice.
30 days from first publication on November 26, 2015 is Saturday December 26, 2015. Under
Fla.R.Jud.Admin. 2.514(a)(1)(C) because the last day is a Saturday, the period continues to run
until the end of the next day that is not a Saturday, Sunday, or legal holiday, which is today,
Monday December 28, 2015.
3.
I hereby move under Fla.R.Civ.Pro. 1.090(b)(1) for an extension of ten (10) days to file a
response to the Plaintiffs four (4) Notice of Action(s) described in paragraph 1, to on of before
Thursday, January 7, 2016.
4.
This motion to extend time is made in good faith, and not for the purpose of delay.
I am currently awaiting a response to requests for records needed to file my responses to
I recently received a response to a request for records which is being prepared for use in
my responses to the Plaintiffs four (4) Notice of Action(s) described in paragraph 1.
I also must file several affidavits with my responses, and cannot currently afford to pay a
notary due to indigence, but will have more funds within 10 days so I can pay for a notary.
5.
I am a person with disabilities. This Court previously denied my request for disability
accommodation under the Americans with Disabilities Act, and my work is going slow.
WHEREFORE, I respectfully move for a ten (10) day extension of time to on of before
Thursday, January 7, 2016, as provided by Rule 1.090(b)(1) and Rule 2.514(a)(1)(C).
RESPECTFULLY SUBMITTED December 28, 2015.
Neil J. Gillespie
Mr. Curtis Wilson, Esq.
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: MRService@mccallaraymer.com
Gregory C. Harrell
General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: gharrell@marioncountyclerk.org
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
Email: neilgillespie@mfi.net
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