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Defendants.
________________________________________/
DEFENDANTS VERIFIED EMERGENCY ADA MOTION TO CANCEL HEARING
The Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10:30 AM
Defendant Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part III) of
the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 (Terminated
Trust), an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and
court services affecting interstate commerce, a consumer of personal, family and household
goods and services, consumer transactions in interstate commerce, a person with disabilities, and
a vulnerable adult, henceforth in the first person, reluctantly appears pro se, and moves under
the Americans With Disabilities Act to cancel a hearing set for today at 10:30 AM, and states:
1.
program or service of the State Courts System. Due to disabilities that include, inter alia,
traumatic brain injury, I cannot appear in court as a nonlawyer attorney representing myself to
defend home foreclosure against experienced counsel from a foreclosure mill type law firm.
2.
On July 11, 2016 Plaintiffs counsel Curtis Wilson, Fla. Bar No.: 77669, of McCalla
CONFERENCE AND HEARING ON ALL PENDING MOTIONS. (Exhibit 1). Mr. Wilson
filed a Notice of Hearing July 27, 2016 for the CMC motion. (Exhibit 2). An Amended Notice of
Hearing was filed July 28, 2016 for the CMC motion. (Exhibit 3).
3.
McCalla Raymer Pierce, LLC is a new law firm in this case that has not given proper
notice of appearance, or provided notice under Rule 2.516(a) of a primary email address, etc.
4.
5.
The Plaintiffs Amended Notice of Hearing has a defective disability notice that states:
If you are a person with a disability who needs an accommodation in order to participate
in a proceeding, you are entitled, at no cost to you, the provision of certain assistance.
Please contact the ADA Coordinator for the Courts within 2 working days of your receipt
of your notice to appear in Court at: Marion County Tameka Gordon (352) 401-6701.
6.
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify applicable court
Plaintiffs notice within 2 working days of your receipt of your notice to appear in
Court is not what Rule 2.540 requires: at least 7 days before your scheduled court
appearance.
8.
Pursuant to Rule 1.100(b) Motions, the Plaintiffs CMC and Hearing on all Pending
Motions must be struck or denied, along with all notices thereto, because the Florida Rules of
Civil Procedure do not provide for a Hearing on all Pending Motions. Rule 1.100(b) Motions:
[A]ll notices of hearing shall specify each motion or other matter to be heard.
(b) Motions. An application to the court for an order shall be by motion which shall be
made in writing unless made during a hearing or trial, shall state with particularity the
grounds therefor, and shall set forth the relief or order sought. The requirement of writing
is fulfilled if the motion is stated in a written notice of the hearing of the motion. All
notices of hearing shall specify each motion or other matter to be heard.
9.
Ms. Gordon did not reply to my disability request. Instead, Kristina Valdez, Court
Operations Manager emailed me in part, (Exhibit 5) (Counsel Grace Fagan is the real ADA
Coordinator for the entire 5th Judicial Circuit. Ms. Gordon is only a ADA disability figurehead)
Once you receive notice of your court date at the Marion County Judicial Center, please
contact Mrs. Gordon to request an ADA accommodation. Please click the link below to
access administrative order M2010-08-A which states that the ADA Coordinator will
require 7 day advance notice (not 2 as specified in your email) .
11.
On December 10, 2014, 7 days before a CMC Hearing on All Motions, I submitted my
I notified the Court/5th Judicial Circuit of, inter alia, the following: (Exhibit 6)
5. Case Information:
Date accommodation needed: Hearing Dec-18-2014 and duration of this case
Duration for which the accommodation is requested: duration of this case
6. Accommodations requested:
Nature of disability that necessitates accommodation: TBI, traumatic brain injury, see
Amended Disability Motion, US 11th Circuit, 12-11213-C, Neil J. Gillespie copy
available
Accommodation requested (please check one of the following six options)
Other accommodation (please specify): Counsel Appointment w/o conflict, see The
ADA: One Avenue to Appointed Counsel Before a Full Civil Gideon, Seattle Journal
for Social Justice: Vol. 2: lss. 2, Article 30, copy on request. The ADA Amendments Act
of 2008 (Public Law 110-325, ADAAA), also see Amended Disability Motion, US 11th
Circuit, 12-11213-C, Neil J. Gillespie copy available.
Later on Dec-10-14, and thereafter, I submitted additional information to the Court/5th Circuit.
13.
The Court/5th Judicial Circuit did not respond to my disability request in writing until
over 100 days after the CMC Hearing on All Motions. General Counsel Grace Fagan denied
my request in words to the effect that appointment of counsel is not permitted in home
foreclosure as a disability accommodation. I am looking for the letter Ms. Fagan provided.
14.
Ms. Fagans denial of disability accommodation does not meet the requirements of,
Fla. R. Jud. Admin. Rule 2.540 REQUESTS FOR ACCOMMODATIONS BY
PERSONS WITH DISABILITIES: (e) Response to Accommodation Request.
15.
I filed a grievance (Rule 2.540 (f) Grievance Procedure) with the Office of State Court
Earlier this year I learned The Older Americans Act (OAA), 42 U.S.C. 3001 et seq.,
federally funded and administered by the Florida Department of Elder Affairs (DOEA) under
F.S. 430.101 Administration of federal aging programs. The DOEA was created by F.S.
20.41 Department of Elderly Affairs. I am 60 years-old, and covered by the Older Americans
Act (OAA) - Title III B Services or Activities.
Title III B: Provides supportive services to enhance the well-being of elders and to help
them live independently in their home environment and the community. Funds are
allocated to Area Agencies on Aging, which contract with service providers to deliver
supportive services such as...legal services... residential repair/renovation, and health
support.
http://elderaffairs.state.fl.us/doea/pubs/pubs/sops2015/2015%20SOPS%20C_web.pdf
17.
The Hon. Don F. Briggs is the Chief Judge of the Fifth Judicial Circuit Court Florida:
Under Article V, Section 2(d), Fla. Const., the Chief Judge [S]shall be responsible for
the administrative supervision of the circuit courts and county courts in his circuit..
Under Fla. Stat. sec. 43.26, the Chief Judge shall exercise administrative supervision.
Judge Don F. Briggs swore an Oath of Office in the State of Florida on June 19, 2014 under the
Constitution of the State of Florida, Article II, General Provisions, Section 5, Public officers, (b)
Each state and county officer, before entering upon the duties of the office, shall give bond as
required by law, and shall swear or affirm:
I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution
and Government of the United States and of the State of Florida; that I am duly qualified
to hold office under the Constitution of the State, and that I will well and faithfully
perform the duties of Circuit Judge, Fifth Judicial Circuit, Group 12 on which I am now
about to enter, so help me God.
and thereafter shall devote personal attention to the duties of the office, and continue in office
until a successor qualifies, a copy of which appears at Exhibit 8.
The Oath of Office of Chief Judge Briggs binds him under the U.S. Constitution, Article
VI Clause 3, and 4 U.S.C. section 101, and 4 U.S.C. section 102. Article VI Clause 3 states:
The Senators and Representatives before mentioned, and the members of the several state
legislatures, and all executive and judicial officers, both of the United States and of the
several states, shall be bound by oath or affirmation, to support this Constitution; but no
religious test shall ever be required as a qualification to any office or public trust under
the United States.
18.
Disability and illness have prevented me from making this motion sooner.
WHEREFORE, I move cancel the hearing set for today at 10:30 AM.
VERIFICATION OF NEIL J. GILLESPIE
F.S. 92.525(2) Verification of documents
Under penalties of perjury, I declare that I have read the foregoing document and that the
facts stated in it are true.
RESPECTFULLY SUBMITTED August 12, 2016.
Neil J. Gillespie
Tameka Gordon, ADA Coordinator, tgordon@circuit5.org
Office of Inspector General, OIGHotline
c/o Board of Governors of
the Federal Reserve System
20th Street and Constitution Avenue, NW
Mail Stop K- 300
Washington, DC 20551
Email: OIGHotline@frb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
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; Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.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
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION
1111111111111111111111111111111111111111
)
) SS.:
)
AFFIDAVIT
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
I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
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
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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,
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Angelica Cruz
NOTAR
My Commission EE067986
Expires 02127/2015
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Book6161/Page1845
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Page 2 of 2
Page 1 of 2
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
4
8/12/2016
Page 2 of 2
On December 26, 2012 I timely filed a Request for Review Form that was received by the Independent
Foreclosure Review Administrator, Reference Number 1812463076.
Kindly advise what additional information you require. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
(352) 854-7807
cc: Counsel for the Plaintiff Reverse Mortgage Solutions
Danielle N. Parsons
Fla. Bar No.: 0029364
McCalla Raymer, LLC
225 E. Robinson St. Suite 660
Orlando, FL 32801
Phone: (407) 674-1850
MRService@mccallaraymer.com
8/12/2016
Page 1 of 3
Neil Gillespie
From:
To:
Cc:
Sent:
Subject:
Mr. Gillespie
Once you receive notice of your court date at the Marion County Judicial Center, please contact Mrs.
Gordon to request an ADA accommodation. Please click the link below to access administrative order
M2010-08-A which states that the ADA Coordinator will require 7 day advance notice (not 2 as
specified in your email) .
http://www.circuit5.org/ao/M2010-08-A.pdf
If you are a qualified person with a disability who needs assistance in order to participate in a program
or service of the State Courts System you are entitled to certain accommodations.
Please review examples below:
Any device or aid that is designed to provide effective communication and participation for individuals
with disabilities is an auxiliary aid or service. Examples of auxiliary aids or services include:
Assisted Listening Devices
z Sign Language Interpreters
z Oral Interpreters
z Real-Time Transcription Services
z Providing Materials in Large Print, Braille, Diskette, or Audio Tapes
z Reader Services
Services the State Courts system is not required to provide under the ADA include:
z
Kristina
Kristina Valdez
5
8/12/2016
Page 2 of 3
8/12/2016
Page 3 of 3
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
(352) 854-7807
cc: Counsel for the Plaintiff Reverse Mortgage Solutions
Danielle N. Parsons
Fla. Bar No.: 0029364
McCalla Raymer, LLC
225 E. Robinson St. Suite 660
Orlando, FL 32801
Phone: (407) 674-1850
MRService@mccallaraymer.com
8/12/2016
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Attach:
Subject:
6
8/12/2016
RIGHT TO AN ACCOMMODATION
If you are an individual with a disability who needs an accommodation in order to participate in
a court proceeding or other court service, program, or activity, you are entitled, at no cost to
you, to the provision of certain assistance. Requests for accommodations may be presented on
this form, in another written format, or orally. Please complete the attached form and return it
to the following:
Citrus County John Sullivan, Citrus County Courthouse, 110 N. Apopka Ave, Inverness, Fl,
34450, phone 352-341-6700, fax 352-341-7008, jsullivan@circuit5.org
Hernando County-Peggy Welch, Hernando County Courthouse, 20 N. Main Street, Brooksville,
FL 34601, phone 352-754-4402, fax 352-754-4035, pwelch@circuit5.org
Lake County-Nicole Berg, Lake County Judicial Center, PO Box 7800, Tavares, FL 32778, phone
352-253-1604, fax 352-253-1630, nberg@circuit5.org
Marion County-Tameka Gordon, Marion County Judicial Center, 110 NW 1st Ave, Ocala, FL
34475, phone 352-401-3710, fax 352-401-7883, tgordon@circuit5.org
Sumter County-Lorna Barker, Sumter County Judicial Complex, 225 E. McCollum Ave, Bushnell,
FL 33513, phone 352-569-6012, fax 352-569-6098, lbarker@circuit5.org
This should be done as far in advance as possible, but preferably at least seven (7) days before
your scheduled court appearance or other court activity.
Upon request by a qualified individual with a disability, this document will be made
available in an alternate format. If you need assistance in completing this form due
to your disability, or to request this document in an alternate format, please contact
Citrus County John Sullivan, Citrus County Courthouse, 110 N. Apopka Ave, Inverness, Fl,
34450, phone 352-341-6700, fax 352-341-7008, jsullivan@circuit5.org
This form was developed for use by individuals with disabilities who may require a
modification in a policy, provision of an auxiliary aid or service, or assignment to an accessible
location in order to participate in a court proceeding or other court service, program, or activity
that is covered by Title II of the Americans with Disabilities Act. Court employees with
disabilities who need a reasonable accommodation to be able to perform the essential
functions of their jobs should contact their immediate supervisor, the ADA coordinator for their
court, the OSCA Office of Personnel Services, or the State Courts ADA Coordinator.
Accommodations that are granted by the state courts are made at no cost to qualified
individuals with disabilities. 2
Please note that providing accommodations for some individuals with disabilities who appear
in the courtroom as part of their employment duties or professional practice is a responsibility
that appropriately may be shared by the individuals employer and the courts. Title I of the
Americans with Disabilities Act requires employers of 15 or more employees and Title II of the
Americans with Disabilities Act requires all state and local government employers to provide
reasonable accommodations to qualified employees with disabilities. In addition, Section 504
of the Rehabilitation Act of 1973, as amended, covers recipients of federal funding, and
requires all covered organizations to provide accommodations for their employees. These
responsibilities are concomitant with the courts responsibility under Title II of the ADA. It is to
everyones benefit when employers and the court system work together to ensure that
reasonable accommodations for individuals with disabilities are provided in the most efficient
and cost effective manner.
Florida State Courts System
Page 2
Additionally, the courts cannot administratively grant, as an ADA accommodation, requests that
impact court procedures within a specific case. Requests for an extension of time, a change of
venue, or participation in court proceedings by telephone or videoconferencing must be
submitted by written motion to the presiding judge as part of the case. The judge may consider
an individuals disability, along with other relevant factors, in granting or denying the motion.
Furthermore, the court cannot exceed the law in granting a request for an accommodation. For
example, the court cannot extend the statute of limitations for filing an action because
someone claims that he or she could not make it to the court on time due to a disability, nor
can the court modify the terms of agreements among parties as an ADA accommodation.
Finally, the Americans with Disabilities Act (ADA) does not require the court system to take any
action that would fundamentally alter the nature of court programs, services, or activities, or
that would impose an undue financial or administrative burden on the courts.
Page 3
This should be done as far in advance as possible, but preferably at least seven (7)
days before your scheduled court appearance or other court activity.
12
10
2014
1. Date request submitted: ______/______/______
2. Person needing accommodation
Neil J. Gillespie
Name: _________________________________________________________________
Are you (please check one of the following seven options):
[ ] Defendant
[] Litigant/Party
[ ] Witness
[ ] Juror
[ ] Victim
[ ] Attorney
n/a
Name: _________________________________________________________________
n/a
Telephone Number (include area code): ______________________________________
n/a
Email Address: __________________________________________________________
n/a
Relationship to person needing an accommodation: ____________________________
Page 4
2013-CA-000115 or 42-2013-CA-000115-AXXX-XX
Case number, if known: __________________________________________________
Hon. Hale Stancil
Judge, if known: ________________________________________________________
Hearing Dec-18-2014 and duration of this case
Date accommodation needed: ______________________________________________
The hearing is 10:00 AM
Time accommodation needed: ______________________________________________
County Judicial
Location (courthouse/courtroom) accommodation needed: Marion
_______________________
[ ] circuit criminal
[ ] circuit civil
[ ] small claim
[ ] family court
[ ] county criminal
[ ] county civil
home foreclosure
[] other (please specify) HECM
____________________
Type of proceeding, if known (please check one of the following six options):
[ ] arraignment
[ ] bond hearing
[ ] hearing
[ ] trial
6. Accommodations requested
TBI traumatic brain injury, see
Nature of disability that necessitates accommodation: ___________________________
Amended Disability Motion, US 11th Circuit, 12-11213-C, Neil J Gillespie copy available
________________________________________________________________________
Page 5
"The ADA: One Avenue to Appointed Counsel Before a Full Civil Gideon,"
________________________________________________________________________
Seattle Journal for Social Justice: Vol. 2: Iss. 2, Article 30, copy on request.
________________________________________________________________________
The ADA Amendments Act of 2008 (Public Law 110-325, ADAAA), also see
________________________________________________________________________
Amended Disability Motion, US 11th Circuit, 12-11213-C, Neil J Gillespie copy available
________________________________________________________________________
[ ] Yes
[ ] No
Page 6
Page 7
FEDERAL
FISCAL YEAR
FEDERAL
FUNDING
CLIENTS
SERVED
2001-2002
$26,208,251
54,541
2002-2003
$26,095,184
56,877
2003-2004
$25,756,732
52,010
2004-2005
$25,750,864
52,323
2005-2006
$25,261,848
51,759
2006-2007
*$25,270,584
50,148
2007-2008
$25,269,175
47,093
2008-2009
$26,072,475
45,542
2009-2010
$26,729,390
43,921
2010-2011
$26,238,773
39,131
2011-2012
$26,219,739
35,160
2012-2013
$25,001,310
33,062
2013-2014
$31,360,052
29,346
2014-2015
#$31,360,052
#29,346
For more details, refer to the detailed description of OAA Title III B information and referral/
assistance services in this section.
7
2015 SUMMARY OF PROGRAMS AND SERVICES - |
61