Defendants' Motion To Strike Order Setting Non-Jury Trial

Filing # 54872452 E-Filed 04/10/2017 03:33:11 PM
IN THE CIRCUIT COURT OF THE

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

$50,001-$249,999 (Contested)
NEIL J. GILLESPIE AND MARK GILLESPIE Home Equity Conversion Mortgage
AS CO-TRUSTEES OF THE GILLESPIE HUD/FHA/HECM Reverse Mortgage
FAMILY LIVING TRUST AGREEMENT 12 USC 1715z20; 24 CFR Part 206
DATED FEBRUARY 10, 1997, ET AL. FHA Case Number: 091-4405741
BofA/RMS acct/loan #68011002615899
Defendants.
________________________________________/
DEFENDANTS MOTION TO STIKE ORDER SETTING NON-JURY TRIAL
Defendant Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part III) of
the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 (Terminated
Trust), an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and
court services affecting interstate commerce, a consumer of personal, family and household
goods and services, consumer transactions in interstate commerce, a person with disabilities, a
vulnerable adult, henceforth in the first person, reluctantly appears pro se, and files Defendants
Motion to Strike Order Setting Non-Jury Trial, and states:
1. The court entered ORDER SETTING NON-JURY TRIAL April 5, 2017 stating, The
Court upon its own Motion and after review of the court file, finds this case is ready
for Final Hearing Non-jury Trial... (Exhibit 1). The court is mistaken.
2. On or about January 9, 2013 the Plaintiff, through counsel McCalla Raymer LLC,
allegedly filed a Verified Complaint To Foreclose Home Equity Conversion Mortgage.

3. I made a record request to the Clerk for a certified copy of the complaint. Page 1 of the
document certified on March 15, 2016 appears at Exhibit 2. It does not have a case number.
4. There is no complaint filed in this foreclosure case showing a case number.
5. A complaint without a case number is not identifiable with this case, so there is no lawful
complaint filed in this Verified Foreclosure of a Home Equity Conversion Mortgage.
6. Therefore this Verified Foreclosure of a Home Equity Conversion Mortgage is another
Fraud Upon The Court. Fraud upon the court is an egregious offense against the integrity of the
judicial system and is more than a simple assertion of facts in a pleading which might later fail
for lack of proof. Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d 249, 252 (Fla. 1st DCA 2012).
The integrity of the civil litigation process depends on truthful disclosure of facts. A system that
depends on an adversary's ability to uncover falsehoods is doomed to failure, which is why this
kind of conduct must be discouraged in the strongest possible way. . . . This is an area where the
trial court is and should be vested with discretion to fashion the apt remedy. Cox v. Burke, 706
So. 2d 43, 47 (Fla. 5th DCA 1998).
7. The court has not heard the attached motion, (Exhibit 3).
DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION

Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
Filing # 37275536 E-Filed 02/02/2016 12:05:18 AM
8. The court lacks jurisdiction in this case as set forth in,
NOTICE OF FILING AFFIDAVIT OF NEIL J. GILLESPIE

HUD Regulation Halts Reverse Mortgages in 55+ Communities
Reverse Mortgages Violate the Securities Exchange Act of 1934
Florida courts lack subject matter jurisdiction in disputed HECM
Filing # 54769338 E-Filed 04/07/2017 03:25:22 AM
2
9. [Judge] Ann Melinda Craggs does not lawfully hold office, see,
DEFENDANTS NOTICE OF FILING CONTEST OF ELECTION

Circuit Judge Ann Melinda Craggs, et al., F.S. 102.168
Filing # 54854155 E-Filed 04/10/2017 12:53:15 PM
10. Judge Craggs usurped jurisdiction of the Backlog Foreclosure Program; This is a
foreclosure case, and governed by the Backlog Foreclosure Program, see Administrative Order
No. A-2016-22. Senior judges hear foreclosures on the Backlog Foreclosure Program. Senior
judges are retired and not subject to the election process, thereby providing due process that will
never exist with a compromised judge like [Judge] Ann Melinda Craggs.
11. The Florida Bar determined March 22, 2017 in the Unlicensed Practice of Law
Investigation of Stephen Michael Allgood, File No. 20171 020(17C), that it is not necessary to
be a member of The Florida Bar to work as an attorney in Florida, see,
NOTICE OF FILING FLORIDA BAR LETTER RE UPL FILE NO. 20171020(17C)

Unlicensed Practice of Law Investigation of Stephen Michael Allgood
Filing # 54246398 E-Filed 03/27/2017 02:02:59 PM
12. Therefore, I plan to file a response for all Defendants who have been previously
served with process and have not yet filed an Answer.
13. On Friday April 7, 2017 I filed,
Petition for Writ of Prohibition - A Case of Original Jurisdiction

To Remove Marion County Circuit Court Judge Ann Melinda Craggs
Filing # 54774550 E-Filed 04/07/2017 09:38:57 AM
14. [Judge] Ann Melinda Craggs has a conflict of interest in this case because her
impartiality might reasonably be questioned. Canon 3E(1)
15. Today April 10, 2017 I filed,
DEFENDANTS CORRECTED DEMAND FOR TRIAL BY JURY

Filing # 54830979 E-Filed 04/10/2017 08:12:30 AM
3
16. Today April 10, 2017 I filed,
DEFENDANTS DEMAND FOR TRIAL BY JURY

Filing # 54831801 E-Filed 04/10/2017 08:40:00 AM
17. This case is entitled to Trial by Jury, Article I, Section 22, Florida Constitution,
SECTION 22. Trial by jury.The right of trial by jury shall be secure to all and remain
inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed
by law.
Wherefore, I move the court to strike ORDER SETTING NON-JURY TRIAL.
RESPECTFULLY SUBMITTED April 10, 2017.
Neil J. Gillespie, individually, and former Trustee

F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
4
Service List April 10, 2017
I hereby certify the names below were served by email April 10, 2017 through the Florida
Portal, unless otherwise expressly stated. May include additional names on the Florida Portal.
Jane Norberg, Chief Thomas J. Marshall, General Counsel

Email: NorbergJ@sec.gov and Executive Vice President
SEC Office of the Whistleblower Email: thomas.j.marshall@usps.gov
100 F Street NE United States Postal Service
Washington, DC 20549 475 L'Enfant Plaza SW
Phone: (202) 551-4790 Washington DC 20260
Fax: (703) 813-9322 c/o Guy Cottrell, Chief Postal Inspector
TCR Submission No. TCR1458580189411 18 U.S. Code 1341 - Frauds and swindles
CFPB Complaint No. 120914-000082 18 U.S. Code 1343 - Fraud by wire, radio, or TV
CFPB Complaint No. 140304-000750 18 U.S. Code 1346 - Honest services fraud
Civil Rights Division, Voting Section W. Stephen Muldrow USAFLM

U.S. Department of Justice Acting United States Attorney
950 Pennsylvania Ave., NW, Rm 7254 NWB Middle District of Florida
Washington, DC 20530 400 North Tampa Street, Suite 3200
Email: voting.section@usdoj.gov Tampa, Fl. 33602
Email: w.stephen.muldrow@usdoj.gov
Ken Detzner, Secretary of State Maria Matthews, Esq., Director

Florida Department of State Florida Division of Elections
R. A. Gray Building, Room 316 Email: maria.matthews@dos.myflorida.com
500 South Bronough Street W. Jordan Jones, Asst. General Counsel
Tallahassee, Florida 32399-0250 Florida Department of State
Email: Ken.Detzner@dos.myflorida.com Email: Jordan.Jones@dos.myflorida.com
Notice to the Florida Attorney General Florida Department of Law Enforcement

of a constitutional challenge Rick Swearingen, Commissioner
oag.civil.eserve@myfloridalegal.com Email: RickSwearingen@fdle.state.fl.us
Pam Bondi, Florida Attorney General Jason Jones, General Counsel
Office of Attorney General Email: JasonJones@fdle.state.fl.us
107 West Gaines Street 2331 Phillips Road
Tallahassee, FL 32399-1050 Tallahassee, FL 32308
Wesley Wilcox, Supervisor of Elections R. Gregg Jerald, General Counsel

Marion County, Florida Marion County Sheriff's Office
Email: WWilcox@VoteMarion.com Email: gjerald@marionso.com
Matthew Minter, Marion County Attorney Kathy Bryant, Marion Co. BOCC
Alt. Member Canvassing Board AO M-2016-8 Marion County Canvassing Board
Email: Matthew.Minter@marioncountyfl.org Email: Kathy.bryant@marioncountyfl.org
Governor Rick Scott Jeffrey S. Bragg, Secretary, DOEA
Email: Rick.Scott@eog.myflorida.com Email: braggj@elderaffairs.org
Executive Office of the Governor Department of Elder Affairs
400 S Monroe Street 4040 Esplanade Way
The Capitol Tallahassee, Florida 32399-7000
Tallahassee, FL 32399-6536 http://elderaffairs.state.fl.us/index.php
Office: 850-717-9310
Fax: 850-922-1278 Richard Prudom, Deputy Sec/Chief Staff
William Nicholson Spicola Email: Prudomrm@elderaffairs.org
General Counsel for Governor Rick Scott
Email: william.spicola@eog.myflorida.com Sarah K Halsell, DOEA
Email: Halsellsk@elderaffairs.org
Florida Supreme Court
500 South Duval Street Madeleine Nobles, Director
Tallahassee, Florida 32301 Email: noblesm@elderaffairs.org
Email: e-file@flcourts.org
Email: supremecourt@flcourts.org Florida Public Information Office
http://www.floridasupremecourt.org/ Email: publicinformation@flcourts.org
John F. Harkness, Jr. William Schifino, President

Executive Director The Florida Bar
The Florida Bar Email: wschifino@burr.com
651 East Jefferson Street
Tallahassee, FL 32399-2300 Michael Higer, President-Elect
Email: jharkness@flabar.org The Florida Bar
http://www.floridabar.org/ Email: mhiger@bergersingerman.com
John Thomas Berry Adria E Quintela

Legal Division Director Lawyer Discipline Director
The Florida Bar The Florida Bar
Email: jberry@flabar.org Email: aquintel@flabar.org
Patrick L. Booter Imhof Francesca Ciaccio-Freeman PHR SHRM-CP

General Counsel Director of Human Resources Florida Bar
The Florida Bar ADA Disability Coordinator
Email: PImhof@floridabar.org Email: FCiaccio-Freeman@floridabar.org
Shanell M. Schuyler Richard Courtemanche

ACAP Director Assistant General Counsel
The Florida Bar The Florida Bar
Email: SSchuyler@floridabar.org Email: RCourtemanche@floridabar.org
Hon. Jay P. Cohen, Chief Judge Joanne P. Simmons, Clerk 5thDCA

Email: woodardj@flcourts.org Email: simmonsj@flcourts.org
Fifth District Court of Appeal(5thDCA) Charles R. Crawford, Marshal 5thDCA
Email: crawfordc@flcourts.org
2
Service List April 10, 2017
I hereby certify the names below were served by email April 10, 2017 through the Florida Portal,
unless otherwise expressly stated. May include additional names on the Florida Portal.
The Honorable Joseph Negron, President The Honorable Richard Corcoran, Speaker
Email: joe@joenegron.com Email: richard@richardcorcoran.com
Florida Senate Florida House of Representatives
409, The Capitol 420 The Capitol
404 S. Monroe Street 402 South Monroe Street
Tallahassee, FL 32399-1100 Tallahassee, Florida 32399-1300
Tel: 850-487-5229 Tel: 850-717-5037
https://www.flsenate.gov/Offices/President http://www.myfloridahouse.gov/
Florida Senate Florida House of Representatives

Debbie Brown, Secretary of the Senate Office of the Clerk
Office of Senate Secretary Email: officeoftheClerk@myfloridahouse.gov
Email: brown.debbie.web@flsenate.gov
Office of Inspector General, OIGHotline SEC Office of the Whistleblower

c/o Board of Governors of 100 F Street NE
the Federal Reserve System Washington, DC 20549
20th Street and Constitution Avenue, NW Phone: (202) 551-4790
Mail Stop K- 300 Fax: (703) 813-9322
Washington, DC 20551 Via U.S. Mail, First Class or Priority
Email: OIGHotline@frb.gov CFPB Complaint No. 120914-000082
CFPB Complaint No. 120914-000082 CFPB Complaint No. 140304-000750
CFPB Complaint No. 140304-000750 Not served on the Florida Portal
The Honorable Richard Cordray, Director Stefanie Isser Goldblatt

Consumer Finance Protection Bureau Senior Litigation Counsel
1700 G Street, NW Enforcement Division
Washington, DC 20002 Consumer Finance Protection Bureau
Email: Richard.Cordray@cfpb.gov Email: Stefanie.Goldblatt@cfpb.gov
FBI Tampa Division FBI Jacksonville Division

Special Agent in Charge, Paul Wysopal Special Agent in Charge, Michelle S. Klimt
Website: https://www.fbi.gov/tampa Website: https://www.fbi.gov/jacksonville
Email: tampa.division@ic.fbi.gov Email: jacksonville@ic.fbi.gov
The Honorable Don F. Briggs The Honorable Ann Melinda Craggs

Chief Judge, Fifth Judicial Circuit Circuit Court Judge, Fifth Judicial Circuit
Lake County Judicial Center Marion County Judicial Center
550 W. Main Street 110 NW 1st Ave.
Tavares, FL 32778-7800. Ocala, FL 34475
Tel. 352-742-4224 Tel: 352-401-6785
Email: dbriggs@circuit5.org Email: amcraggs@circuit5.org
Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA
McCalla Raymer Pierce, LLC 400 N. Tampa Street, Suite 3200
225 E. Robinson Street, Ste. 660 Tampa, FL 33602
Orlando, FL 32801 Email: USAFLM.HUD@usdoj.gov
Email: MRService@mrpllc.com JAXSFFORECLOSURES@hud.gov
JAXSFORECLOSURES@hud.gov
lydia.a.brush@gmail.com
Gregory C. Harrell David R. Ellspermann Marion County Clerk

General Counsel to David R. Ellspermann, of Court & Comptroller
Marion County Clerk of Court & Comptroller P.O. Box 1030
P.O. Box 1030 Ocala, Florida 34478-1030
Ocala, Florida 34478-1030 Email: Ellspermann@marioncountyclerk.org
Email: gharrell@marioncountyclerk.org
Development & Construction Corporation Oak Run Homeowners Association, Inc.

of America, c/o Carol Olson, Vice President (ORHA)
of Administration and Secretary-Treasurer c/o ORHA Board of Directors
10983 SW 89 Avenue Email: orhaboard@yahoo.com
Ocala, FL 34481
Email: colson@deccahomes.com
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
Neil J. Gillespie Mark Gillespie

8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: neilgillespie@mfi.net 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 Unknown spouse of Elizabeth Bidgood,

8092 SW 115th Loop n.k.a. Scott Bidgood
Ocala, FL 34481 8092 SW 115th Loop
Email: neilgillespie@mfi.net Ocala, FL 34481
2
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA ) 1111111111111111111111111111111111111111

DAVID R EllSPERMANN CLERK & COMPTROLLER MARION co
) SS.: DATE: 02/03/2015 11 :55:32 AM
COUNTY OF MARION ) FILE #: 2015009748 OR BK 6161 PGS 1844-1845
AFFIDAVIT REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
sworn deposed upon oath as follows:
I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
personal knowledge unless otherwise expressly stated.
2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
1997 (hereinafter "Trust").
\ \
oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address
..
" ~:.
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
7013-007-00 I, legal description:
Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.
4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred
the remaining trust property to the beneficiary, myself, on January 14, 2015.
5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby
terminate the Trust as provided by Fla. Stat. 736.0414, and Article V, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
transferring the property to the beneficiary without going through probate.
6. Pursuant to Fla. Stat. 736.0414 Modification or tenn ination of uneconomic trust. (1)
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property
Book6161/Page1844 CFN#2015009748 Page 1 of 2

having a total value less than $50,000 may terminate the trust if the trustee concludes that the
value of the trust. property is insufficient to justify the cost of administration.
FURTHER AFFIANT SA YETH NOT,
The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as
. identification and states that he is. the person who made this affidavit and that its co~tents are
truthful to the best of his knowledge, information and belief.
r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015
~(?JI(s2. Lr0L
Print Na of Notary PublIc
My Commission Expires: --2J......;;J;_~-=-

.._'_)5 _
Book6161/Page1845 CFN#2015009748 Page 2 of 2

IN THE CIRCUIT COUR'"r, FIFTH JUDICIAL CIRCUIT
IN AND FOR MAI{[ON COUNTY, FLOI{.IDA
Plaintiff,
v. CASE NO.: 2013-115-CA-S
NEIL J. GILLESPIE; et.aI.,

Defendant.
- - - - - - - - - - - -/
ORDER SE1"TING NON-JURY TRIAL
The Court upon its own Motion and a'fler review of the court fi Ie, finds this case is ready
for Final HearinglNon-jury Trial, therefore it is
ORDERED:
1. A Judicial Default is entered against all Defendants who have been previously
served with process and have not yet filed an Answer.
2. A Non-jury Trial on the present Complaint al1d all defenses asserted, if any, will
be held before Judge Ann Melinda Craggs in Courtroom 3B, Third Floor, Marion County
Judicial Center, 110 NW First Avellue, Ocala, FIJ 34475 on May 19, 2017 at 10:00 a.m. Two
(2) hours have been reserved.
3. Personal attendance of the parties and counsel is ll1andatory. Telephone
attendance is not permitted. If a Defendant elects not to appear in Court, the Court will
assume that the Defendant who does not appear does not contest the entry of the Final Judgment
of Foreclosure.
4. The scheduling of this Non-jury l"'rial does not preclude either party fronl filing a
timely dispositive lTIotion and having that lTIotion set for hearing.
5. Local counsel lnay not appear on behalf of any party unless counsel specifically
filed a written Notice of Appearance as co-counsel of record.
1
Page 2 of 4
Reverse lVlortgage v. Neil J. Gillespie, et.al.
Case Number 2013-1 15-CA-S
Order Setting NOll Jury Trial
6. Do not call tIle Judicial Assistant to reschedule this Non-jury Trial. It has been set
by the Court and can only be changed by Court Order upon proper written motion.
7. If Plaintiff seeks to proceed under 702.065(I), Fla. Stat., and avoid personal
attendance by the client, and this statute is otherwise applicable to the proceedings, Plaintitl'must
file a Motion advising the Court of the same no later than 10 days prior to trial with a written
Waiver of Deficiency by the Mortgagee. All original documents (e.g., Promissory Notes, etc.)
must also be filed prior to entry of the Final Judgment and, in any event, no later than the
scheduled trial date.
4~
ORDERED on this ~ day of April, 2017 at Ocala, ~0rida.
__
/,/ /~:JAY
lh (
I~I
~-
ANN MELINDA CRAGGS
Circuit Judge
I 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 assistallce. Please contact the ADA Coordinator
at the Marion County Judicial Center, 110 NW 1st Avenue, Ocala, FL,
34475 or (352) 401-6710 at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time
before the scheduled appearallce is less than 7 days; if you are hearing
impaired or voice impaired, C1111 711.
Page 3 of 4
Reverse IVlortgage v. Neil J. Gillespie, et.a!.
Case Number 2013-1IS-CA-S
Order Setting Non Jury Trial
CERTIFICA"rI~ OF SERVICE
I HEREBY>ERTIFY that a true copy hereof has been furnished by U.S. mail to the
following on this -0--
day of April, 2017.
Mr. Curtis Wilson, Esquire
McCalla Raymer Pierce, LLC
225 E. Robinson Street, Stet 660
Orlando, FL 32801
Ms. Colleen Murphy-Davis, AUSA
400 N. Tampa Street, Stet 3200
rrampa, FL 33602
Gregory C. Harrell, Esquire

General Counsel to David R. Ellspermann
Marion COllnty Clerk of Court & Conlptroller
PO Box 1030
Ocala, FL 34478-1030
Oak Run Homeowners Association, Inc.

7480 SW Highway 200
Ocala, FL 34476
Developn1ent and Construction Corp. of Anlcrica

C/o R.A. Priya GhU111all
10983 SW 89 lh Avenue
Ocala, FL 34481
Neil J. Gillespie alld Mark Gillespie as co-'rrustccs of the Gillespie Faluily Living "[rust
Agreement dated February 10,1997; Termillated rrrust, February 2,2015
8092 SW 11S th Loop
Ocala, FL 34481
Neil J. Gillespie
8092 SW 11S th Loop
Ocala, FL 34481
Mark Gillespie
Ft. Worth, EX 76123
Page 4 of 4
Reverse Mortgage v. Neil J. Gillespie, et.al.
Case Nurnber 20 13-115-CA-S
Order Setting Non Jury Trhll
Unknown Spollse of Mark Gillespie nlkJa Joetta Gillespie
7504 Sumn1er Meadows Drive
Fe Worth, TX 76123
Unknown Settlors/Beneficiaries of the Gillespie Fan1ily Living Trust

Agreement dated February 10, 1997; (NONE); l"erminated Trust, February 2, 2015
8092 SW 115 tl1 Loop
Ocala, FL 34481
Elizabeth Bauerle n/k/a Elizabeth Bidgood

8092 S\V 11S th Loop
Ocala, FL 34481
Unknown Spouse of Elizabeth Bauerle n1k/a Elizabeth Bidgood

n/k1a Scott Bidgood
8092 SW 115 th Loop
Ocala, FL 34481
Assistant
2
Filing # 37275536 E-Filed 02/02/2016 12:05:18 AM
THIS IS NOT A COMMERCIAL FORCLOSURE IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY
CASE NO.: 2013-CA-000115
Plaintiff, 42-2013-CA-000115-AXXX-XX
vs. Disputed HECM Residential Foreclosure

Florida Homestead of Neil J. Gillespie
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE This is Not a Commercial Foreclosure:
FAMILY LIVING TRUST AGREEMENT Note missing. F.S. 702.015/Rule 1.115
DATED FEBRUARY 10, 1997, ET AL. Civil cover sheet wrong. Rule 1.100(c)(2)
False Official Statements. F.S. 837.06
Defendants.
________________________________________/
DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION

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 files this verified motion to
reconsider prior rulings of Judge Hale R. Stancil under Rule 2.330(h), Florida Rules of Judicial
Administration, and states:
1. I move to reconsider the prior rulings of Judge Hale R. Stancil (Judge Stancil) in this
case under Rule 2.330(h), Florida Rules of Judicial Administration:
RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may be
reconsidered and vacated or amended by a successor judge based upon a motion for
reconsideration, which must be filed within 20 days of the order of disqualification,
unless good cause is shown for a delay in moving for reconsideration or other grounds for
reconsideration exist.
3
DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION February 1, 2016
2. On January 12, 2016 my Filing # 36445015 E-Filed 01/12/2016 at 12:09:42 PM,
DEFENDANTS MOTION FOR CLERK TO REASSIGN CASE TO ANOTHER

JUDGE, Rule 2.330(j) Florida Rules of Judicial Administration
disqualified Judge Stancil by default effective December 11, 2015, upon Judge Stancils failure to
respond within 30 days time under Rule 2.330(j) to the,
AFFIDAVIT OF NEIL J. GILLESPIE MOTION TO DISQUALIFY JUDGE HALE

STANCIL NOV-09-2015, Filing # 34313389 E-Filed 11/11/2015 03:01:30 AM
3. I hereby move for rehearing under Rule 2.330(h) all prior rulings of Judge Stancil that
affect my rights, and the rights of the Gillespie Family defendants, including,
ORDER FROM CASE MANAGEMENT CONFERENCE, January 6, 2015 (Exhibit 1)

THIS CAUSE having come before the Court at a duly scheduled Case Management
Conference and Hearing on all Motions, and the Court being fully advised in the
premises, it is hereby ORDERED and ADJUDGED that:
1. Defendant's Motion to Dismiss is hereby DENIED
2. Defendant's Motion to Disqualify Judge Hale Stancil is hereby DENIED
3. Defendant's Motion to Quash Service of Process is hereby DENIED
4. Defendant is hereby ordered to file an Answer to the Plaintiff's Complaint
within 20 days of the execution of this order.
Orders and Rulings that denied disability accommodation under the ADA, the Americans
With Disabilities Act, for Neil J. Gillespie.
ORDER DENYING DEFENDANT'S MOTION DISQUALIFY HALE STANCIL,

December 18, 2014. (Exhibit 2)
ORDER DENYING DEFENDANT'S SECOND MOTION TO DISQUALIFY JUDGE

HALE STANCIL, February 5, 2014. (Exhibit 3)
ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY JUDGE HALE

STANCIL, December 12, 2015. (Exhibit 4)
ORDER DENYING DEFENDANT'S MOTION TO STRIKE SHAM PLEADINGS,

December 12, 2015. (Exhibit 5). Note: This Order was entered while the AFFIDAVIT OF
NEIL J. GILLESPIE MOTION TO DISQUALIFY JUDGE HALE STANCIL NOV-09-
2015, Filing # 34313389 E-Filed 11/11/2015 03:01:30 AM, was pending, and is therefore
void.
2
4. A Verification of Marriage by the State of Illinois, Illinois Department of Health, issued
January 15, 2016 by Nirav D. Shah, M.D., J.D. State Registrar, shows at Exhibit 6: As the State
Registrar of Vital Records, I hereby certify that based on the information provided,
SCOTT A. BIDGOOD and ELIZABETH A. BAUERLE

Name of Husband/Spouse Name of Wife/Spouse
were married on 06/14/2013 in Kane County, Illinois.
5. Pursuant to the Order Granting Motion To Withdrawal (Exhibit 7) entered December
2, 2013, paragraph 4, Defendants shall have an affirmative duty to advise the Court of any
change of address., I hereby advise the Court of a change of address for Defendants,
Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) Unknown spouse of Elizabeth

[Elizabeth Bidgood] Bauerle, n.k.a. Scott A. Bidgood
effective December 2, 2013, is the address of the property subject to foreclosure,
8092 SW 115th Loop 8092 SW 115th Loop

Ocala, FL 34481 Ocala, FL 34481
and pursuant to Rule 2.516, I designate my email address for the purpose electronic service of
documents and pleadings in this case,
Email: neilgillespie@mfi.net Email: neilgillespie@mfi.net
and state,
A. The actual address is unknown for Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic)
[Elizabeth Bidgood] and the unknown spouse of Elizabeth Bauerle, n.k.a. Scott A. Bidgood.
B. Notice of Defendants Consent to Judgment filed by counsel Anthony J. Solomon,
Esq. Florida Bar No. 93057, KAUFMAN, ENGLETT & LYND, PLLC, shows,
1. The Defendants, MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWN

SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH
BIDGOOD, have been named as Defendants in this action.
3
2. Plaintiff is seeking to recover the property located at 8092 SW 115th Loop, Ocala, FL
34481 based on an "event of default" under the terms of the Adjustable Rate Note (Home
Equity Conversion) a/k/a "reverse mortgage".
3. Because this is a reverse mortgage, the Defendants have no financial liability under the
terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4. Defendants do not wish to contest entry of final judgment against Defendants.
5. The Defendants desire swift resolution to this action so they hereby give consent to
having Judgment entered in favor of the Plaintiff in this action.
6. The Plaintiff knowingly and wrongly filed this action as a commercial foreclosure on
its civil cover sheet (Exhibit 8) violation of Rule 1.100(c)(2) Pleadings and Motions, when in
fact the Plaintiff and its counsel knows this is a residential foreclosure of my Florida homestead.
7. On February 7, 2015, I filed my affidavit of residential homestead,
AFFIDAVIT OF NEIL J. GILLESPIE OF RESIDENTIAL HOMESTEAD

THIS IS NOT A COMMERCIAL FORCLOSURE
Filing # 23497600 E-Filed 02/07/2015 11:56:00 PM
8. I notified Gregory C. Harrell, General Counsel to David R. Ellspermann, Marion County
Clerk of Court & Comptroller by letter December 24, 2014 (Exhibit 9) of the Clerks duty and
the civil cover sheet (form 1.997), Rule 1.100(c)(2), in part:
Mr. Harrell, under Rule 1.100(c)(2) ...all proceedings in the action shall be abated until
a properly executed cover sheet is completed and filed.... This is the Clerks duty, see
Rule 1.100(c)(2) Pleadings and Motions.
(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at the
time an initial complaint or petition is filed by the party initiating the action. If the cover
sheet is not filed, the clerk shall accept the complaint or petition for filing; but all
proceedings in the action shall be abated until a properly executed cover sheet is
completed and filed. The clerk shall complete the civil cover sheet for a party appearing
pro se.
4
Currently the civil cover sheet (form 1.997) is not properly executed as completed and
filed. The Clerk has a ministerial duty under Rule 1.100(c)(2), ...all proceedings in the
action shall be abated until a properly executed cover sheet is completed and filed..
As of today Clerk David R. Ellspermann has not abated the proceedings until a properly
executed cover sheet is completed and filed. Rule 1.100(c)(2).
9. 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, inter alia, has not filed the original note with the Clerk.
10. The Plaintiff has failed to comply with Florida Rules of Civil Procedure, Rule 1.115,
Pleading Mortgage Foreclosures and subparts (a) through (e). The Plaintiff, inter alia, has not
filed the original note with the Clerk.
WHEREFORE, I move the Court to reconsider the prior rulings of Judge Hale R. Stancil
(Judge Stancil) in this case under Rule 2.330(h), Florida Rules of Judicial Administration.
VERIFICATION OF NEIL J. GILLESPIE
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
RESPECTFULLY SUBMITTED February 1, 2016.
Neil J. Gillespie, individually, and former Trustee,

F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop
Phone: 352-854-7807
5
Service List February 1, 2016
I hereby certify the following names were served by email today February 1, 2016
through the Florida Portal.
Neil J. Gillespie
Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA

McCalla Raymer, LLC 400 N. Tampa Street, Suite 3200
225 E. Robinson Street, Ste. 660 Tampa, FL 33602
Orlando, FL 32801 Email: USAFLM.HUD@usdoj.gov
Email: MRService@mccallaraymer.com JAXSFFORECLOSURES@hud.gov
Gregory C. Harrell David R. Ellspermann Marion County Clerk

General Counsel to David R. Ellspermann, of Court & Comptroller
Marion County Clerk of Court & Comptroller P.O. Box 1030
P.O. Box 1030 Ocala, Florida 34478-1030
Ocala, Florida 34478-1030 Email: Ellspermann@marioncountyclerk.org
Email: gharrell@marioncountyclerk.org
Development & Construction Corporation Oak Run Homeowners Association, Inc.

of America, c/o Carol Olson, Vice President c/o Board of Directors, orhaboard@yahoo.com
of Administration and Secretary-Treasurer,
for RA Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Email: colson@deccahomes.com
NOTE: The Gillespie Family Living Trust Agreement dated February 10, 1997 was terminated
February 2, 2015, see attached.
Agreement dated February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: mark.gillespie@att.net
Neil J. Gillespie Mark Gillespie

8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: neilgillespie@mfi.net Email: mark.gillespie@att.net
6

Ft. Worth, TX 76123
NOTE: There are no Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust
Agreement dated February 10, 1997. See

February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
NOTE: Address update for Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) [Bidgood]
NOTE: Address update for Unknown spouse of Elizabeth Bauerle, n.k.a. Scott A. Bidgood. See
attached the Verification of Marriage. Exhibit x.
Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) Unknown spouse of Elizabeth Bauerle,
[Elizabeth Bidgood] n.k.a. Scott A. Bidgood
8092 SW 115th Loop 8092 SW 115th Loop
Ocala, FL 34481 Ocala, FL 34481
Email: neilgillespie@mfi.net Email: neilgillespie@mfi.net
7
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
`
z
.
CASE NO.42-2013-CA-000115-AXXX-X 0/> -
0,, 4* o/.
e k;2 ,
REVERSE MORTGAGE SOLUTIONS, Ay P /
INC., Ateje,.
/.
roC;70.)4
Plaintiff, 6"f/i rf:04
vs.
NEIL J. GILLESPIE AND MARK

GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,
1997, et al.,
Defendants.
ORDER FROM CASE MANAGEMENT CONFERENCE
THIS CAUSE having come before the Court at a duly scheduled Case Management Conference
and Hearing on all Motions, and the Court being fully advised in the premises, it is hereby
ORDERED and ADJUDGED that:
1. Defendant's Motion to Dismiss is hereby DENIED
2. Defendant's Motion to Disqualify Judge Hale Stancil is hereby DENIED
3. Defendant's Motion to Quash Service of Process is hereby DENIED
4. Defendant is hereby ordered to file an Answer to the Plaintiff's Complaint within 20
days of the execution of this order.
11.
NE AND ORDERED at Marion County, Florida, this

; 20/L7 .
CIRCUIT JUDGE
Copies to parties on the attached service list.
3668863 12-02121-2
1
SERVICE LIST
MCCALLA RAYMER, LLC

225 E. ROBINSON ST. SUITE 660
ORLANDO, FL 32801

7480 SW Highway 200
Ocala, FL 34476
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

Ft. Worth, TX 76123
Development & Construction Corporation of America

do Registered Agent: Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10,
1997
8092 SW 115TH LOOP
OCALA, FL 34481
Elizabeth Bauerle n/k/a Elizabeth Bidwood

7504 Summer Meadow Drive
Ft. Worth, TX 76123
Unknown spouse of Elizabeth Bauerle

6356 SW 106th Place.
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney(Counsel of United States of America on Behalf
of the Secretary of Housing and Urban Development)
400 N. Tampa Street, Suite 3200
Tampa, FL 33602
USAFLM.HUD.Disclaimers@usdoj.gov
Michalene.Y.Rowells@hud.gov
3668863 12-02121-2
Mark Gillespie
7504 Summer MeaclOws Drive
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481
neilgillespie@mfi.nei
'CERTIFY THATAN ORIC6141COPY

FEREOF HAS SEEA FtiRMED BY U.S.P.S.
MAIL:i 0:
D.0
3668863 12-02121-2
FIFTH JUDICIAL CIRCUIT IN AND
FOR MARION COUNTY, FLORIDA
REVERSE MORTGAGE SOLUTIONS,INC.,
Plaintiff,
vs. CASE NO.: 2013-CA-0115

GILLESPIE AS CO-TRUSTEES
OF THE GILLESPIE FAMILY
LnnNGTRUSTAGREEMENT
DATED FEBRUARY 10, 1997, et al.,
Defendants.
--------------_./
ORDER DENYING DEFENDANT'S MOTION DISQUALIFY HALE STANCIL
THIS CAUSE comes before the Court on Defendant, NEIL J. GELLESPIE's, Motion
to Disqualify Hall Stancil, filed with the Clerk on December 18, 2014. Defendant requests
that the undersigned be disqualified from presiding over the above-styled case. After a
review of the Motion, the Court finds Defendant, NEIL J. GELLESPIE's, Motion to be
legally insufficient. It is hereby,
ORDERED: Defendant, NEIL J. GELLESPIE's, Motion to Disqualify Hall Stancil
is DENIED.
ORDERED in Ocala, Florida, this Jf( day of December, 2014.
ER.STANCIL
Circuit Court Judge
Page 1 of 3
2
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing has been provided by
U.S. Mail this ~ day of December, 2014, to the following:

7480 SW Highway 200
Ocala, FL 34476
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Mark Gillespie nlk/a Joetta Gillespie

Ft. Worth, TX 76123

clo Registered Agent: Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Unknown SettlorslBeneficiaries of The Gillespie Family Living Trust Agreement dated

February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Elizabeth Bauerle nlkJa Elizabeth Bidwood

Ft. Worth, TX 76123

6356 SW l06th Place
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney

Tampa, FL 33602
Mark Gillespie
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Page 2 of 3
Curtis Wilson, Esq.
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Page S ofS
.. "._"'.
.~~
HALE R. STANCIL
.-.
... ~.
CIRCUIT JUDGE
FIFTH JUDICIAL CIRCUIT OF FLORIDA
... y.I......-.:-I~
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.

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PITNEY BOWES
vVuc ;J ........ , , J
Marion County Judicial Center
110 N.W. 1st Avenue, Room 2017
Ocala, FL 34475
Neil J. (Jillesple
8092 s"r 115th Loop
Ocala, FL 34481
3448 i $3557 Rest::7 III JI1 1It,,J 'I'"I' J,'1 1JJJ',. II fI 1 JI' JJIJ, ,1 111,1 J II" H11' I
''
REVERSE MORTGAGE SOLUTIONS,INC.,
Plaintiff,
vs. CASE NO.: 2013-CA-Ol15

LDnNGTRUSTAGREEMENT
Defendants.
--------------_./
ORDER DENYING DEFENDANT'S SECOND MOTION TO DISQUALIFY JUDGE
HALE STANCIL
THIS CAUSE comes before the Court on the Second Motion to Disqualify Judge
Hale Stancil, filed by Defendant, NEIL J. GELLESPIE, on February 3, 2015. Defendant
requests that the undersigned be disqualified from presiding over the above-styled case.
Mer a review of the Motion, the Court finds the Second Motion to Disqualify Judge Hale
Stancil, filed by Defendant, NEIL J. GELLESPIE, to be legally insufficient. It is hereby,
ORDERED: The Second Motion to Disqualify Judge Hale Stancil, filed by
Defendant, NEIL J. GELLESPIE is DENIED.

~
ORDERED in Ocala, Florida, this .5 day of February, 2015.
ER. STANCIL
Circuit Court Judge
/
U.S. Mail this ~ day of February, 2015, to the following:
Page 1 of 2
3
7480 SW Highway 200
Ocala, FL 34476
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Mark Gillespie n!k/a Joetta Gillespie

Ft. Worth, TX 76123

c/o Registered Agent: Priya Ghurrtnian
10983 SW 89 Avenue
Ocala, FL 34481
Unknown SettlorslBeneficiaries of The Gillespie Family Living Trust Agreement dated

February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Elizabeth Bauerle n!k/a Elizabeth Bidwood

Ft. Worth, TX 76123

6356 SW 106th Place
Ocala, FL 34476

Tampa, FL 33602
Mark Gillespie
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Curtis Wilson, Esq.

McCalla Raymer, LLC
Orlando, FL 32801
Page 2of2
4-t1-~PQs~
- ~~ . --~....-.,.~
,~
a]~~~~ ~ $000. 480 8
1p
HALE R. STANCIL ~~~:}'1~. 0003172281 FEB 05 2015
CIRCUIT JUDGE
~~I!i'lri MAILED FROM ZIP CODE 34475
110N.W.lstAvenue,Room2017
Ocala, FL 34475
i\J ell ~J (} tll: Spl f~

8092 S W 115th Loup
(lea la ~ [1 L >1 J-,181
34481 $$67 RI:'67 '1111'/1/1,1 III' I'I' lJ,II 1,1'/. ,/11"'" 1111 111Jill'IJ, 111,1''''1
- - - - - - - . - - - - - - - - - - .1,;1..12 .&1.'1'1,1III-1IIIlII!!-1!IIIIII!II!' .,,-.~_.~~~~- .13. ;.-, iiiJ\i. A iMsa .J., ,,-_". h 4"
IN THE CIRCUIT COuRT OF THE
FIFTH JUD ICIAL CIRCUIT IN AND
REVERSE MORTGAGE SOLUTIONS,

INC.,
Plaintiff,
vs. CASE NO.: 2013-CA-Ol15

LIVING TRUST AGREEMENT
Defendants.
--------------_/
ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY
JUDGE HALE STANCIL
THIS CAUSE comes before the Court on the Motion to Disqualify Judge Hale
Stancil, filed by Defendant NEIL J. GILLESPIE on November 6,2015. Defendant requests
that the undersigned be disqualified from presiding over the above-styled case. Mter a
review of the Motion, the Court finds Defendant's Motion to be legally insufficient. It is,
ORDERED: The Motion to Disqualify Judge Hale Stancil, filed by Defendant NEIL
J. GILLESPIE, is DENIED.
ORDERED in Ocala, Florida, this /2 day of No ember, 2015
US/Interoffice mail this \~day of November, 2015, to the following:

7480 SW Highway 200
Ocala, FL 34476
Page 1 of 2
4
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Mark Gillespie n/kIa Joetta Gillespie

Ft. Worth, TX 76123

clo Registered Agent: Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Unknown SettlorslBeneficiaries of TIle Gillespie Family Living Trust Agreement dated

February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Elizabeth Bauerle n/kIa Elizabeth Bidwood

Ft. Worth, TX 76123

6356 SW 106th Place
Ocala, FL 34476

Tampa, FL 33602
Mark Gillespie
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Curtis Wilson, Esq.

McCalla Raymer, LLC
Orlando, FL 32801
Page 2 of 2
'-- .......... ~..". ...
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---

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,~
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~ PITNEY BOWES
HALE R. STANCIL t;:6~

. . 021P ~
$ 000.70 5
~-~ 0000859270 NOV 13 2015
CIRCUIT JUDGE
. . . . . . '1.0
- MAILED FROM ZIP CODE 34475
110 N.W. 1st Avenue, Room 2017
Ocala, FL 34475
Nt, i: 1'.'. {iiI ~P~ p.l.e

FucJ~! t" V\T i 1:lth i ,({);.'\
c: C(.: 1('~ 1-" 1.. ] It l '''. ]
34481 ::1:3567 RC167 II' I J,I' JJ11 11 #.111Jill II JII 11111 111 JJ ' , III JIJJI J,I, JJ' J11'1 JI, i
'
,iL" . ..dSI X] L L .. Jrm ,1.2$, ,S ixa j : . au" Al j
REVERSE MORTGAGE SOLUTIONS,

INC.,
Plaintiff,
vs. CASE NO.: 2013-CA-0115

LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997, et al.,
Defendants.
--------------_./
ORDER DENYING DEFENDANT'S MOTION TO STRIKE SHAM PLEADINGS
THIS CAUSE comes before the Court on the Motion to Strike Sham Pleadings, filed
by Defendant NEIL J. GILLESPIE on November 6,2015. Defendant GILLESPIE requests
this Court strike multiple pleadings filed by Plaintiff, REVERSE MORTGAGE
SOLUTIONS, INC., because, as Defendant GILLESPIE claims, the pleadings are a sham.
Striking of a pleading because it is a sham is warranted if the pleading "is a mere pretense,
set up in bad faith and without color of fact." Destiny Constr. Co. v. Martin K. Eby Constr.,
662 So. 2d 388 (Fla. 5th DCA 1995). Here, Defendant GILLESPIE has failed to meet his
burden and has not established that any of the documents he claims to be a "sham" are "a
mere pretense, set up in bad faith and without color of fact." Therefore, it is,
ORDERED: The Motion to Strike Sham Pleadings, filed by Defendant NEIL J.
GILLESPIE, is DENIED.
Page 1 of 3
5
US/Interoffice mail this ~ay of November, 2015, to the following:

7480 SW Highway 200
Ocala, FL 34476
8092 SW 115th Loop
Ocala, FL 344.81
Unknown spouse of Mark Gillespie n1k/a Joetta Gillespie

Ft. Worth, TX 76123

c/o Registered Agent: Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481

February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Elizabeth Bauerle nlkJa Elizabeth Bidwood

Ft. Worth, TX 76123

6356 SW 106th Place
Ocala, FL 34476

Tampa, FL 33602
Mark Gillespie
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Page 2 of 3
Curtis Wilson, Esq.
McCalla Raymer, LLC
Orlando, FL 32801
Sue Sta.l...Ll"']~-
Judicial Assistant
Page 3 of 3
State of Illinois
Illinois Department of Public Health
VERIFICATION OF MARRIAGE
l~S the State Registrar of Vital Records, I hereby certify that based on the infoflnation provided,
_ _ _S_C_O_T_T_A_B_I_D_G_O_O_D and _ _E_L_IZ_A_B_E_T_H_A_B_A_U_E_RLE__

__
JVanle oj~'Jlife/Sp()u.5t>
\vere 111arried on _ _0_6_1_1_4_/2_0_1_3_ _ in KAN_E

__ County, Illinois.
[)ate
Date issued: __0_1_1_15_/_20_1_6__

N\~J 0, G'nth
Nirav D. Shah, ~1.D., J.D.
State Registrar
A certified copy of this marriage record can be obtained only from the County Clerk of the
County. If you wish to procure a certified copy of the marriage, please contact the County
Clerk of KANE County in , Illinois.
VR-602 O/15r) lOCI 15-545 ~
6
FIFTH JUDICIAL CIRCUIT OF
FLORIDA IN AND MARION COUNTY
GENERAL JURISDICTION DIVISION
REVERSE MORTGAGE SOLUTIONS, INC., Case No.: 2013-CA-000115
Plaintiff,
V.
MARK GILLESPIE , et al.,
Defendants.
ORDER GRANTING MOTION TO WITHDRAW
THIS CAUSE came before the Court at a hearing on November 25, 2013, upon filing of
Defendants' counsel's Motion to Withdraw as Counsel (hereinafter, the "Motion"). Having
reviewed the Motion, and the Court file and being fully advised in the premises, it is therefore:
ORDERED and ADJUDGED:
1. That the Motion to Withdraw as Counsel is hereby: GRANTED.
2. That Tiffany Caparas, Esq. and the Law Firm of Kaufman, Englett & Lynd,
PLLC are hereby relieved from representing the Defendants, MARK GILLESPIE, JOETTA
GILLESPIE AKA UNKNOWN SPOUSE OF MARK GILLESPIE and ELIZABETH
BAUERLE (herein after "Defendants"), and relieved of any further responsibility on behalf of
Defendants.
3. In the event that Defendants fail to retain new counsel, they shall be deemed to
represent themselves and shall be served with all future papers and pleadings in this action at:
7504 Summer Meadow Drive, Ft. Worth, TX 76123; Phone: (817) 361-5911; Email:
mark.gillespie@att.net.
7
4. Defendants shall have an affirmative duty to advise the Court of any change of
address.
DONE and ORDERED in Chambers, Marion County, Florida this -day_of
0.61-2013.
norable Circuit Judge
Mailing List:
Angela M. Brenwald, Esq.

McCalla Raymer LLC
225 E. Robinson St.
Orlando, FL 32801
Email: mrservice@mccallaraymer.com
Counsel for Plaintiff
MARK GILLESPIE, JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF MARK

GILLESPIE and ELIZABETH BAUERLE
Ft. Worth, TX 76123
Defendant(s)
Tiffany Caparas, Esq.

Kaufman, Englett & Lynd, PLLC
111 N. Magnolia Ave., Suite 1600
Orlando, FL 32801
Primary Email: TCaparas@kelattorneys.com
Secondary Email: KELinbox@kelattorneys.com
2
Form 1.997 CIVIL COVER SHEET
The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other
papers as required by law. This form sh~lI~be.fi~d by the plaintiff or petitioner for the use of the Clerk of the Court for the purpose of
reporting judicial workload data pursuanit<Y Ftbrlda Statutes Section 25.075.
I. CASE STYLE

JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
Case # l 3. - \ \ :- L.ea=
Plaintiff REVERSE MORTGAGE SOLUTIONS, INC. Judge:
vs.
Defendant NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES
OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, et ale .~ '~"
II. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most
descriptive label is a subcategory (is indented under a broader category), place an "x" in both
the main category and subcategory boxes.
Condominium Homestead residential foreclosure SO $50,000
Contracts and indebtedness Homestead residential foreclosure $50,00 I -$249,999
Eminent domain Homestead residential foreclosure S250,000 or more
Auto negligence Nonhomestead residential foreclosu.re
Negligence - other SO $50,000
Business governance Nonhomestead residential foreclosure
Business torts $50,001 - $249,999
EnvironmentallToxic tort
Nonhomestead residential foreclosure
,_.. f::-' .....
:.= ~ ~-'~ :'::'~
Third party indemnification $250,000 or more
;.... -. (,-.)
( ....
Construction defect Other real property actions $0 -~~:s..O~?p'O ~~::
- _~ r': I
Mass tort Other real property actions 550;00:" $249~9
--- ~~I'
Negligent security _
Other real property actions $25~09Q'or mor\~
_ , __" IJ ...-..
~.
;,.
. I
Nursing home negligence Professional malpractice =::

_,,'':- : ......
:'-~ :: f~,?
..... " ..
Premises liability - c~mmercial Malpractice business :" ;: ~?; .r
r-~:;.~~ U1
Premises liability residential Malpractice - medical .' Z
0
Products liability Malpractice .. other professional

X Real PropertylMortgage Foreclosure Other
~
Commercial foreclosure SO .. $50,000 AntitrustlTrade regulation
.X_Commercial foreclosure 550,001 - $249,999

Business transactions
Commercial foreclosure 5250,000 or more Constitutional challenge - statute or ordinance
Constitutional challenge .. proposed amendment . Libel/Slander
Corporate trusts Shareholder derivative action
960921 12..02121-2
8
descriptive label is a subcategory (is indented under 8 broader category), place an "x" in both
the main c~tegory and subcategory boxes.
.'0... . \
.
.~
Condominium Homestead residential foreclosure $0 $50,000

Discrimination - employment or other Securities litigation
Insurance claims Trade secrets
Intel1ectual property Trust litigation
III. REMEDIES SOUGHT (check all that apply):

X monetary;
nonmonetary declaratory or injunctive relief;
punitive
IV. NUMBER OF CAUSES OF ACTION: [

(specify)
~ IS THIS CASE A CLASS ACTION LAWSUIT?

yes
X no
VI. HAS NOTICE OF ANY KNOWN RELATED CASES BEEN FILED?

X no
yes If "yes," list all related cases by name, case number, and court.
VII. IS JURY TRIAL DEMANDED IN COMPLAINT?

yes
X no
d in this cover sheet is accurate to the best of my knowledge and belief.
Signatu la. Bar# 0029364

Attorney or party (Bar # if attorney)
Danielle N. Parsons
960921 12-02121-2
VIA Email gharrell@marioncountyclerk.org December 24, 2014
Gregory C. Harrell
General Counsel to David R. Ellspermann
Marion County Clerk of Court & Comptroller
RE: Clerks duty and the civil cover sheet (form 1.997), Rule 1.100(c)(2).
Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., Case No. 13-115-CAT
Dear Mr. Harrell:
You emailed me December 09, 2014 at 4:59 PM about the civil cover sheet (form 1.997):
-The case was designated as a commercial foreclosure by plaintiff's counsel in the civil
cover sheet that the plaintiff is responsible for preparing and filing at the outset of the
case. You will need to take the matter up with the court and/or the plaintiff however you
deem appropriate if you dispute the plaintiff's characterization of the case, as the Clerk
has no say in that.
Mr. Harrell, under Rule 1.100(c)(2) ...all proceedings in the action shall be abated until a
properly executed cover sheet is completed and filed.... This is the Clerks duty, see
Rule 1.100(c)(2) Pleadings and Motions.
(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at the
time an initial complaint or petition is filed by the party initiating the action. If the cover
sheet is not filed, the clerk shall accept the complaint or petition for filing; but all
proceedings in the action shall be abated until a properly executed cover sheet is
completed and filed. The clerk shall complete the civil cover sheet for a party appearing
pro se.
Currently the civil cover sheet (form 1.997) is not properly executed as completed and filed.
The Clerk has a ministerial duty under Rule 1.100(c)(2), ...all proceedings in the action shall be
abated until a properly executed cover sheet is completed and filed..
When can I expect the Clerk to fulfill its ministerial duties under Rule 1.100(c)(2)?
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop Email: neilgillespie@mfi.net Enclosures
Ocala, Florida 34481 Phone: 352-854-7807
9
RULE 1.100 FLORIDA RULES OF CIVIL PROCEDURE RULE 1.110
such; an answer to a crossclaim if the answer contains The clerk shall complete the final disposition form for
a crossclaim; a third-party complaint if a person who a party appearing pro se, or when the action is dis-
was not an original party is summoned as a third-party missed by court order for lack of prosecution pursuant
defendant; and a third-party answer if a third-party to rule 1.420(e).
complaint is served. If an answer or third-party an-
swer contains an affirmative defense and the opposing
party seeks to avoid it, the opposing party shall file (d) Motion in Lieu of Scire Facias. Any relief
a reply containing the avoidance. No other pleadings available by scire facias may be granted on motion
shall be allowed. after notice without the issuance of a writ of scire
facias.
(b) Motions. An application to the court for an or-
der shall be by motion which shall be made in writing 1.
E.g., Order Denying Plaintiffs Motion for Summary Judg-
unless made during a hearing or trial, shall state with ment, Defendants Motion to Compel, Order Denying Defen-
dants Motion to Dismiss, Final Judgment for Plaintiff, etc.
particularity the grounds therefor, and shall set forth
the relief or order sought. The requirement of writing Committee Notes
is fulfilled if the motion is stated in a written notice of
the hearing of the motion. All notices of hearing shall 1971 Amendment. The change requires a more complete desig-
specify each motion or other matter to be heard. nation of the document that is filed so that it may be more rapidly
identified. It also specifies the applicability of the subdivision to all
of the various documents that can be filed. For example, a motion to
(c) Caption. dismiss should now be entitled defendants motion to dismiss the
complaint rather than merely motion or motion to dismiss.
(1) Every pleading, motion, order, judgment, or
1972 Amendment. Subdivision (a) is amended to make a reply
other paper shall have a caption containing the name mandatory when a party seeks to avoid an affirmative defense in
of the court, the file number, the name of the first party an answer or third-party answer. It is intended to eliminate thereby
on each side with an appropriate indication of other the problems exemplified by Tuggle v. Maddox, 60 So. 2d 158 (Fla.
parties, and a designation identifying the party filing 1952), and Dickerson v. Orange State Oil Co., 123 So. 2d 562 (Fla.
2d DCA 1960).
it and its nature or the nature of the order, as the case
may be. All papers filed in the action shall be styled in 1992 Amendment. Subdivision (b) is amended to require all
such a manner as to indicate clearly the subject mat- notices of hearing to specify the motions or other matters to be
ter of the paper and the party requesting or obtaining heard.
relief.1
RULE 1.110. GENERAL RULES OF
(2) A civil cover sheet (form 1.997) shall be com- PLEADING
pleted and filed with the clerk at the time an initial
complaint or petition is filed by the party initiating the
(a) Forms of Pleadings. Forms of action and tech-
action. If the cover sheet is not filed, the clerk shall
nical forms for seeking relief and of pleas, pleadings,
accept the complaint or petition for filing; but all pro-
or motions are abolished.
ceedings in the action shall be abated until a properly
executed cover sheet is completed and filed. The clerk
shall complete the civil cover sheet for a party appear- (b) Claims for Relief. A pleading which sets forth
ing pro se. a claim for relief, whether an original claim, counter
claim, crossclaim, or third-party claim, must state a
(3) A final disposition form (form 1.998) shall be cause of action and shall contain (1) a short and plain
filed with the clerk by the prevailing party at the time statement of the grounds upon which the courts juris-
of the filing of the order or judgment which disposes of diction depends, unless the court already has jurisdic-
the action. If the action is settled without a court order tion and the claim needs no new grounds of jurisdic-
or judgment being entered, or dismissed by the par- tion to support it, (2) a short and plain statement of the
ties, the plaintiff or petitioner immediately shall file ultimate facts showing that the pleader is entitled to
a final disposition form (form 1.998) with the clerk. relief, and (3) a demand for judgment for the relief to
CIV-24
Form 1.997 CIVIL COVER SHEET
The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other
papers as required by law. This form sh~lI~be.fi~d by the plaintiff or petitioner for the use of the Clerk of the Court for the purpose of
reporting judicial workload data pursuanit<Y Ftbrlda Statutes Section 25.075.
I. CASE STYLE

JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
Case # l 3. - \ \ :- L.ea=
Plaintiff REVERSE MORTGAGE SOLUTIONS, INC. Judge:
vs.
Defendant NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES
OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, et ale .~ '~"
descriptive label is a subcategory (is indented under a broader category), place an "x" in both
the main category and subcategory boxes.
Condominium Homestead residential foreclosure SO $50,000
Contracts and indebtedness Homestead residential foreclosure $50,00 I -$249,999
Eminent domain Homestead residential foreclosure S250,000 or more
Auto negligence Nonhomestead residential foreclosu.re
Negligence - other SO $50,000
Business governance Nonhomestead residential foreclosure
Business torts $50,001 - $249,999
EnvironmentallToxic tort
Nonhomestead residential foreclosure
,_.. f::-' .....
:.= ~ ~-'~ :'::'~
Third party indemnification $250,000 or more
;.... -. (,-.)
( ....
Construction defect Other real property actions $0 -~~:s..O~?p'O ~~::
- _~ r': I
Mass tort Other real property actions 550;00:" $249~9
--- ~~I'
Negligent security _
Other real property actions $25~09Q'or mor\~
_ , __" IJ ...-..
~.
;,.
. I
Nursing home negligence Professional malpractice =::

_,,'':- : ......
:'-~ :: f~,?
..... " ..
Premises liability - c~mmercial Malpractice business :" ;: ~?; .r
r-~:;.~~ U1
Premises liability residential Malpractice - medical .' Z
0
Products liability Malpractice .. other professional

X Real PropertylMortgage Foreclosure Other
~
Commercial foreclosure SO .. $50,000 AntitrustlTrade regulation
.X_Commercial foreclosure 550,001 - $249,999

Business transactions
Commercial foreclosure 5250,000 or more Constitutional challenge - statute or ordinance
Constitutional challenge .. proposed amendment . Libel/Slander
Corporate trusts Shareholder derivative action
960921 12..02121-2
descriptive label is a subcategory (is indented under 8 broader category), place an "x" in both
the main c~tegory and subcategory boxes.
.'0... . \
.
.~
Condominium Homestead residential foreclosure $0 $50,000

Discrimination - employment or other Securities litigation
Insurance claims Trade secrets
Intel1ectual property Trust litigation
III. REMEDIES SOUGHT (check all that apply):

X monetary;
nonmonetary declaratory or injunctive relief;
punitive
IV. NUMBER OF CAUSES OF ACTION: [

(specify)
~ IS THIS CASE A CLASS ACTION LAWSUIT?

yes
X no
VI. HAS NOTICE OF ANY KNOWN RELATED CASES BEEN FILED?

X no
yes If "yes," list all related cases by name, case number, and court.
VII. IS JURY TRIAL DEMANDED IN COMPLAINT?

yes
X no
d in this cover sheet is accurate to the best of my knowledge and belief.
Signatu la. Bar# 0029364

Attorney or party (Bar # if attorney)
Danielle N. Parsons
960921 12-02121-2

Defendants' Motion To Strike Order Setting Non-Jury Trial

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Defendants' Motion To Strike Order Setting Non-Jury Trial

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Filing # 54872452 E-Filed 04/10/2017 03:33:11 PM

IN THE CIRCUIT COURT OF THE

vs. Homestead Residential Foreclosure

DEFENDANTS MOTION TO STIKE ORDER SETTING NON-JURY TRIAL

Motion to Strike Order Setting Non-Jury Trial, and states:

allegedly filed a Verified Complaint To Foreclose Home Equity Conversion Mortgage.

4. There is no complaint filed in this foreclosure case showing a case number.

complaint filed in this Verified Foreclosure of a Home Equity Conversion Mortgage.

6. Therefore this Verified Foreclosure of a Home Equity Conversion Mortgage is another

So. 2d 43, 47 (Fla. 5th DCA 1998).

DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION

8. The court lacks jurisdiction in this case as set forth in,

NOTICE OF FILING AFFIDAVIT OF NEIL J. GILLESPIE

DEFENDANTS NOTICE OF FILING CONTEST OF ELECTION

be a member of The Florida Bar to work as an attorney in Florida, see,

NOTICE OF FILING FLORIDA BAR LETTER RE UPL FILE NO. 20171020(17C)

served with process and have not yet filed an Answer.

13. On Friday April 7, 2017 I filed,

Petition for Writ of Prohibition - A Case of Original Jurisdiction

impartiality might reasonably be questioned. Canon 3E(1)

15. Today April 10, 2017 I filed,

DEFENDANTS CORRECTED DEMAND FOR TRIAL BY JURY

16. Today April 10, 2017 I filed,

DEFENDANTS DEMAND FOR TRIAL BY JURY

Wherefore, I move the court to strike ORDER SETTING NON-JURY TRIAL.

RESPECTFULLY SUBMITTED April 10, 2017.

Neil J. Gillespie, individually, and former Trustee

Jane Norberg, Chief Thomas J. Marshall, General Counsel

Civil Rights Division, Voting Section W. Stephen Muldrow USAFLM

Ken Detzner, Secretary of State Maria Matthews, Esq., Director

Notice to the Florida Attorney General Florida Department of Law Enforcement

Wesley Wilcox, Supervisor of Elections R. Gregg Jerald, General Counsel

John F. Harkness, Jr. William Schifino, President

John Thomas Berry Adria E Quintela

Patrick L. Booter Imhof Francesca Ciaccio-Freeman PHR SHRM-CP

Shanell M. Schuyler Richard Courtemanche

Hon. Jay P. Cohen, Chief Judge Joanne P. Simmons, Clerk 5thDCA

Florida Senate Florida House of Representatives

Office of Inspector General, OIGHotline SEC Office of the Whistleblower

The Honorable Richard Cordray, Director Stefanie Isser Goldblatt

FBI Tampa Division FBI Jacksonville Division

The Honorable Don F. Briggs The Honorable Ann Melinda Craggs

Gregory C. Harrell David R. Ellspermann Marion County Clerk

Development & Construction Corporation Oak Run Homeowners Association, Inc.

Neil J. Gillespie Mark Gillespie

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

Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated

Elizabeth Bauerle n/k/a Elizabeth Bidgood Unknown spouse of Elizabeth Bidgood,

STATE OF FLORIDA ) 1111111111111111111111111111111111111111

sworn deposed upon oath as follows:

personal knowledge unless otherwise expressly stated.

1997 (hereinafter "Trust").

7013-007-00 I, legal description:

transferring the property to the beneficiary without going through probate.

Book6161/Page1844 CFN#2015009748 Page 1 of 2

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

FURTHER AFFIANT SA YETH NOT,

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

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

Book6161/Page1845 CFN#2015009748 Page 2 of 2

IN AND FOR MAI{[ON COUNTY, FLOI{.IDA

REVERSE MORTGAGE SOLUTIONS, INC.,

v. CASE NO.: 2013-115-CA-S