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THIS IS NOT A COMMERCIAL FORCLOSURE

IN THE CIRCUIT COURT OF THE


FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY

REVERSE MORTGAGE SOLUTIONS, INC.,


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

CASE NO.: 2013-CA-000115


42-2013-CA-000115-AXXX-XX
Residential HECM Foreclosure Case
Florida Homestead of Neil J. Gillespie
F.S. 702.015 Note missing
Rule 1.115 Pleading Mortgage Foreclosures
Rule 1.100(c)(2) Civil cover sheet wrong.
F.S. 837.06 False Official Statements
F.S. 92.525 Verification of documents

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.

I am a qualified person with a disability who needs assistance in order to participate in a

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

Raymer Pierce, LLC, filed PLAINTIFF'S MOTION TO SET A CASE MANAGEMENT

DEFENDANTS VERIFIED EMERGENCY ADA MOTION TO CANCEL HEARING


The Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10:30 AM

August 12, 2016

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.

Plaintiffs 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.

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.

Fla. R. Jud. Admin. Rule 2.540 REQUESTS FOR ACCOMMODATIONS BY


PERSONS WITH DISABILITIES:
(a) Duties of Court. Qualified individuals with a disability will be provided, at the
courts expense, with accommodations, reasonable modifications to rules, policies, or
practices, or the provision of auxiliary aids and services, in order to participate in
programs or activities provided by the courts of this state. The court may deny a request
only in accordance with subdivision (e).
(b) Definitions. The definitions encompassed in the Americans with Disabilities Act of
1990, 42 U.S.C. 12101, et seq., are incorporated into this rule.
(c) Notice Requirement.
(1) All notices of court proceedings to be held in a public facility, and all process
compelling appearance at such proceedings, shall include the following statement in bold
face, 14-point Times New Roman or Courier font:

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

DEFENDANTS VERIFIED EMERGENCY ADA MOTION TO CANCEL HEARING


The Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10:30 AM

August 12, 2016

personnel by name, address, and telephone number] at least 7 days before


your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.
7.

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.

On January 13, 2013 I requested accommodation from Tameka Gordon ADA

Coordinator by email at Tameka Gordon, ADA Coordinator <tgordon@circuit5.org> (Exhibit


4).
10.

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) .

DEFENDANTS VERIFIED EMERGENCY ADA MOTION TO CANCEL HEARING


The Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10:30 AM

11.

August 12, 2016

On December 10, 2014, 7 days before a CMC Hearing on All Motions, I submitted my

ADA disability accommodation to the Court/5th Judicial Circuit, attached as Exhibit 6.


12.

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

Administration. My grievance was dismissed/denied by General Counsel Tad David.


16.

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

DEFENDANTS VERIFIED EMERGENCY ADA MOTION TO CANCEL HEARING


The Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10:30 AM

August 12, 2016

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

DEFENDANTS VERIFIED EMERGENCY ADA MOTION TO CANCEL HEARING


The Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10:30 AM

August 12, 2016

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, individually, and former Trustee,


F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: neilgillespie@mfi.net
Service List August 12, 2016
I hereby certify the following names were served by email today August 12, 2016
through the Florida Portal.

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

Jane Norberg, Acting Chief


SEC Office of the Whistleblower
100 F Street NE
Washington, DC 20549
Phone: (202) 551-4790
Fax: (703) 813-9322
Email: NorbergJ@sec.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
6

DEFENDANTS VERIFIED EMERGENCY ADA MOTION TO CANCEL HEARING


The Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10:30 AM

August 12, 2016

The Honorable Richard Cordray, Director


Consumer Finance Protection Bureau
1700 G Street, NW
Washington, DC 20002
Email: Richard.Cordray@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

Stefanie Isser Goldblatt


Senior Litigation Counsel
Enforcement Division
Consumer Finance Protection Bureau
Email: Stefanie.Goldblatt@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

FBI Tampa Division


Special Agent in Charge, Paul Wysopal
Website: https://www.fbi.gov/tampa
Email: tampa.division@ic.fbi.gov

FBI Jacksonville Division


Special Agent in Charge, Michelle S. Klimt
Website: https://www.fbi.gov/jacksonville
Email: jacksonville@ic.fbi.gov

The Honorable Don F. Briggs


Chief Judge, Fifth Judicial Circuit
Lake County Judicial Center
550 W. Main Street
Tavares, FL 32778-7800.
Tel. 352-742-4224
Email: dbriggs@circuit5.org

The Honorable Steven Glen Rogers


Circuit Court Judge
Fifth Judicial Circuit
110 NW 1st Ave. Room 507
Ocala, FL 34475
Tel: 352-401-7836
Email: srogers@circuit5.org

Mr. Curtis Wilson, Esq.


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

Ms. Colleen Murphy Davis, AUSA


400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: USAFLM.HUD@usdoj.gov
JAXSFFORECLOSURES@hud.gov
JAXSFORECLOSURES@hud.gov
lydia.a.brush@gmail.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

David R. Ellspermann Marion County Clerk


of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: Ellspermann@marioncountyclerk.org

Development & Construction Corporation


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

Oak Run Homeowners Association, Inc.


c/o Board of Directors, orhaboard@yahoo.com

DEFENDANTS VERIFIED EMERGENCY ADA MOTION TO CANCEL HEARING


The Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10:30 AM

August 12, 2016

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

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


7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997; (NONE); Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Elizabeth Bauerle n/k/a Elizabeth Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Unknown spouse of Elizabeth Bidgood,


n.k.a. Scott Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION

1111111111111111111111111111111111111111

)
) SS.:
)

DAVID R EllSPERMANN CLERK & COMPTROLLER MARION

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

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

co

DATE: 02/03/2015 11 :55:32 AM


FILE #: 2015009748 OR BK 6161 PGS 1844-1845
REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0

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.

(SEAL)

Notary Public State of Florida

Angelica Cruz

NOTAR

My Commission EE067986
Expires 02127/2015

UBLIC

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

My Commission Expires: --2J......;;J;_~-=.._'_)5

Book6161/Page1845

CFN#2015009748

Page 2 of 2

Filing # 43788435 E-Filed 07/11/2016 04:02:54 PM

Filing # 44499449 E-Filed 07/27/2016 03:11:42 PM

Filing # 44555478 E-Filed 07/28/2016 02:48:07 PM

Page 1 of 2

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

"Neil Gillespie" <neilgillespie@mfi.net>


"Tameka Gordon, ADA Coordinator" <tgordon@circuit5.org>
"Mark Gillespie" <mark.gillespie@att.net>; "Danielle N Parsons" <MRService@mccallaraymer.com>
Sunday, January 13, 2013 11:48 PM
Civil Action Summons, served Jan-12-13 Neil Gillespie.pdf
Disability accommodation, RMS vs. Neil J. Gillespie, et al., Case No. 13-115-CAT, Marion County
Circuit Court

Tameka Gordon, ADA Coordinator


Marion County Judicial Center
110 N.W. First Avenue, Room 585
Ocala, FL 34475
(352)401-6701
Hearing impaired call (800) 955-8771
Voice impaired call (800) 955-8770
RE: RMS vs. Neil J. Gillespie, et al., Case No. 13-115-CAT, Marion County Circuit Court
The Honorable Hale R. Stancil presiding
Dear Tameka Gordon:
I am a person with a disability who was served Saturday, January 12, 2013 with a reverse mortgage
foreclosure on my Florida homestead residence. I am responding to this notice on the summons, a copy
of which is attached in PDF:
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.
Persons with a disability who need any accommodation in order to participate should call
Tameka Gordon, ADA Coordinator, Marion County Judicial Center, 110 N.W. First
Avenue, Room 585 Ocala, FL 34475 at ((352)401-6701 within two (2) working days of
your receipt of this notice; if you are hearing impaired call (800) 955-8771; if you are voice
impaired, call (800) 955-8770.
Currently I am seeking private counsel, the result of which effort will determine what accommodation(s)
I need to participate in this lawsuit and hearings. I am disabled under the following law:
The Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.
Section 825.101(4), Florida Statutes.
The Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq.
ADA Amendments Act of 2008 (ADAAA).
The issues in this matter include disability discrimination by the lender and lender affiliated parties, and
abuse, neglect, and exploitation of elderly and disabled adults, as described in my complaint made
August 9, 2012 to the Plaintiff Reverse Mortgage Solutions, Inc., and the U.S. Department of Housing
and Urban Development (HUD). Plaintiffs counsel Ms. Parsons responded to me by letter October 15,
2012, so counsel is aware of this matter.
In addition, this matter involves serious wrongdoing by the lender and lender affiliated parties, and it is
my understanding that my HUD complaint is under review by the Consumer Financial Protection
Bureau, Complaint No. 120914-000082.

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:

"Valdez, Kristina" <kvaldez@circuit5.org>


"Neil Gillespie" <neilgillespie@mfi.net>; "Gordon, Tameka" <tgordon@circuit5.org>
"Mark Gillespie" <mark.gillespie@att.net>; "Danielle N Parsons" <MRService@mccallaraymer.com>
Friday, February 01, 2013 4:43 PM
RE: Disability accommodation, RMS vs. Neil J. Gillespie, et al., Case No. 13-115-CAT, Marion County
Circuit Court

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

Transportation to the Courthouse


Legal Counsel or Advice
z Personal Devices such as a Wheelchair or Hearing Aid
z Personal Services such as Medical or Attendant Care
z A Modification of a Policy or an auxiliary Aid or Service that would result in a fundamental
alteration in the nature of the Program or Service, or would result in an undue burden
Sincerely,
z
z

Kristina

Kristina Valdez

Court Operations Manager


Fifth Judicial Circuit

110 N.W. 1st Avenue


Ocala, FL 34475

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


Sent: Sunday, January 13, 2013 10:48 PM
To: Gordon, Tameka

5
8/12/2016

Page 2 of 3

Cc: Mark Gillespie; Danielle N Parsons


Subject: Disability accommodation, RMS vs. Neil J. Gillespie, et al., Case No. 13-115-CAT, Marion County Circuit
Court

Tameka Gordon, ADA Coordinator


Marion County Judicial Center
110 N.W. First Avenue, Room 585
Ocala, FL 34475
(352)401-6701
Hearing impaired call (800) 955-8771
Voice impaired call (800) 955-8770
RE: RMS vs. Neil J. Gillespie, et al., Case No. 13-115-CAT, Marion County Circuit Court
The Honorable Hale R. Stancil presiding
Dear Tameka Gordon:
I am a person with a disability who was served Saturday, January 12, 2013 with a reverse mortgage
foreclosure on my Florida homestead residence. I am responding to this notice on the summons, a copy
of which is attached in PDF:
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. Persons with a disability who need any accommodation in order to participate
should call Tameka Gordon, ADA Coordinator, Marion County Judicial Center, 110
N.W. First Avenue, Room 585 Ocala, FL 34475 at ((352)401-6701 within two (2)
working days of your receipt of this notice; if you are hearing impaired call (800) 9558771; if you are voice impaired, call (800) 955-8770.
Currently I am seeking private counsel, the result of which effort will determine what accommodation(s)
I need to participate in this lawsuit and hearings. I am disabled under the following law:
The Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.
Section 825.101(4), Florida Statutes.
The Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq.
ADA Amendments Act of 2008 (ADAAA).
The issues in this matter include disability discrimination by the lender and lender affiliated parties, and
abuse, neglect, and exploitation of elderly and disabled adults, as described in my complaint made
August 9, 2012 to the Plaintiff Reverse Mortgage Solutions, Inc., and the U.S. Department of Housing
and Urban Development (HUD). Plaintiffs counsel Ms. Parsons responded to me by letter October 15,
2012, so counsel is aware of this matter.
In addition, this matter involves serious wrongdoing by the lender and lender affiliated parties, and it is
my understanding that my HUD complaint is under review by the Consumer Financial Protection
Bureau, Complaint No. 120914-000082.
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.

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

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Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


<ADA@circuit5.org>
Friday, August 12, 2016 6:29 AM
Model Accommodation Request Form June 2010-Live-MARION.pdf
Form Returned: Model Accommodation Request Form June 2010-Live-MARION.pdf

Form Returned: Model Accommodation Request Form June 2010-Live-MARION.pdf


The attached file is the filled-out form. Please open it to review the data.

6
8/12/2016

FLORIDA STATE COURTS SYSTEM

ADA TITLE II ACCOMMODATION REQUEST FORM 1


June 28, 2010

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.

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

ADA ACCOMMODATIONS PROVIDED BY FLORIDA COURTS


Pursuant to Title II of the Americans with Disabilities Act the Florida State Courts System will
make reasonable modifications in policies, practices, and procedures; furnish auxiliary aids and
services; and afford program accessibility through the provision of accessible facilities, the
relocation of services or programs, or the provision of services at alternative sites, as
appropriate and necessary.
Examples of auxiliary aids or services that the State Courts System may provide for qualified
individuals with disabilities include:

Assistive listening devices


Qualified ASL or other types of interpreters for persons with hearing loss
Communication access real-time translation / Real-time transcription services
Accessible formats such as large print, Braille, electronic document, or audio tapes
Qualified readers

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

ADA Accommodation Request Form

AIDS/SERVICES COURTS CANNOT ADMINISTRATIVELY GRANT AS ADA


ACCOMMODATIONS
Examples of aids or services the Florida State Courts System cannot provide as an
accommodation under Title II of the Americans with Disabilities Act include:

Transportation to and from the courthouse


Legal counsel or advice
An official transcript of a court proceeding
Personal devices such as wheelchairs, hearing aids, or prescription eyeglasses
Personal services such as medical or attendant care
Readers for personal use or study

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.

DOCUMENTATION OF THE NEED FOR AUXILIARY AIDS AND SERVICES


If an individual has a disability that is not obvious, or when it is not readily apparent how a
requested accommodation relates to an individuals impairment, it may be necessary for the
court to require the individual to provide documentation from a qualified health care provider
in order for the court to fully and fairly evaluate the accommodation request. These
information requests will be limited to documentation that (a) establishes the existence of a
disability; (b) identifies the individuals functional limitations; and (c) describes how the
requested accommodation addresses those limitations. Any cost to obtain such documentation
is the obligation of the person requesting the accommodation.

Florida State Courts System

Page 3

ADA Accommodation Request Form

FLORIDA STATE COURTS SYSTEM TITLE II ADA ACCOMMODATION REQUEST FORM


Please return this completed form to:
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.

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

[ ] Other (please specify): __________________________________________________


3. Contact information for person needing accommodation

8092 SW 115th Loop


Street or P.O. Box: ________________________________________________________
Ocala
City: ___________________________________________________________________
Florida
34481
State: ___________________________________
Zip Code: _____________________
352-854-7807
Telephone Number (include area code): ______________________________________
neilgillespie@mfi.net
Email Address: ___________________________________________________________
4. Person making request (if other than the person needing the accommodation)

n/a
Name: _________________________________________________________________
n/a
Telephone Number (include area code): ______________________________________
n/a
Email Address: __________________________________________________________
n/a
Relationship to person needing an accommodation: ____________________________

Florida State Courts System

Page 4

ADA Accommodation Request Form

5. Case information (if applicable)


Reverse Mortgage Solutions Inc v Neil J Gillespie et al
Style of case (case title), if known: __________________________________________

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
_______________________

duration of this case.


Duration for which the accommodation is requested: ____________________________
Type of case, if known (please check one of the following ten options):
[ ] appeal

[ ] circuit criminal

[ ] circuit civil

[ ] probate, guardianship, or mental health


[ ] traffic court

[ ] 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

[ ] appellate oral argument

Case management conference


[] other (please specify) __________________________________________________

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
________________________________________________________________________

Accommodation requested (please check one of the following six options):


[ ] Assistive listening device (Assistive listening systems work by increasing the
loudness of sounds, minimizing background noise, reducing the effect of distance,
and overriding poor acoustics. The listener uses a receiver with headphones or a
neckloop to hear the speaker.)
[ ] Communication access real-time translation/real-time transcription services
(CART is a word-for-word speech-to-text interpreting service for people who need
communication access. A rendering of everything said in the courtroom will appear
on a computer screen. CART is not an official transcript of a court proceeding.)
[ ] Sign Language Interpreter (Please specify American Sign Language, oral
interpreter, signed English, or other type of signing system used by persons with
hearing loss.):_______________________________________________________
___________________________________________________________________
[ ] Assignment to a courtroom that is accessible to a person using a mobility device
(Please specify wheelchair, scooter, walker, or other mobility device that is used.):_
___________________________________________________________________
[ ] Provision of court documents in an alternative format (Please specify Braille,
large print, accessible electronic document, or other accessible format used by
persons who are blind or have low vision.): _________________________________
Florida State Courts System

Page 5

ADA Accommodation Request Form

Counsel Appointment w/o conflict, see


[ ] Other accommodation (please specify): _____________________________________

"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
________________________________________________________________________

7. Use the Submit Button (immediately following) to send us your request:


Submit

THE FOLLOWING SECTION IS TO BE COMPLETED BY COURT PERSONNEL ONLY


8. Date request was received: ______/______/______
9. Additional oral or written information requested?

[ ] Yes

[ ] No

If so, describe information: ____________________________________________________


___________________________________________________________________________
10. Describe the accommodation(s) granted by the court: ______________________________
__________________________________________________________________________
11. Indicate the duration the accommodation will be provided: __________________________
___________________________________________________________________________
12. If an accommodation is denied, indicate reason(s) for denial:3
[ ] Based on the information provided, it appears the person does not have a disability as
defined by the ADA
[ ] Requested accommodation does not directly correlate to functional limitations
[ ] Request relates to a service, program, or activity outside the court system
(transportation, legal representation, mental health counseling, parenting course, etc.)

If the request is denied, granted only in part, or if an alternative accommodation is granted,


Rule of Judicial Administration 2.540 requires the court to respond in writing to the individual
with a disability. Transmittal of a copy of this section of the accommodation request form by
email or by U.S. Mail delivery is one means of providing the written response required by rule
2.540. If an accommodation is denied due to a finding of undue burden or fundamental
alteration, the Americans with Disabilities Act requires that such determination be made in
writing by the chief judge or chief judges designee.
Florida State Courts System

Page 6

ADA Accommodation Request Form

[ ] Request is for an aid/service the courts cannot administratively grant as an


accommodation pursuant to Title II of the ADA (official transcript, extension of time, etc.)
[ ] Requested accommodation would result in an undue burden
[ ] Requested accommodation would result in a fundamental alteration
[ ] Other (please specify): _____________________________________________________
13. Remarks: __________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
14. Court staff responding to request: ______________________________________________
15. Date person notified of determination: ______/______/______

Florida State Courts System

Page 7

ADA Accommodation Request Form

OLDER AMERICANS ACT TITLE III B


SUPPORTIVE SERVICES
OAA Title III B funds provide 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 transportation, outreach, information
and referral/assistance, case management,
homemaker, home health aide, telephone reassurance, chore assistance, legal services, escort,
residential repair/renovation, and health support.

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

* Allotment plus carry forward dollars.


# Projection
Source for clients served: CIRTS
See Information and Referral/Assistance Units of Service table
on page 63 for data on services assisting elders, caregivers and
the general public with their information and referral needs.

OLDER AMERICANS ACT PROGRAMS AND SERVICES

For more details, refer to the detailed description of OAA Title III B information and referral/
assistance services in this section.

OAA TITLE III B FUNDING


HISTORY AND NUMBERS SERVED:

7
2015 SUMMARY OF PROGRAMS AND SERVICES - |

61

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