Defendant Gillespie's Rule 1.150 Motion To Strike Sham Pleadings

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Filing # 34195200 E-Filed 11/06/2015 10:36:37 PM

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 Home Foreclosure
HECM Reverse Mortgage
Florida Homestead of Neil J Gillespie

Defendants.
________________________________________/
DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
Defendant pro se Neil J. Gillespie, henceforth in the first person, a disabled,
indigent/insolvent non-lawyer, unable to obtain adequate counsel, a vulnerable adult, and a
consumer of legal and court services affecting interstate commerce, states as follows:
1.

Plaintiffs counsel Curtis Wilson, a.k.a. Curtis Alan Wilson, (Bar ID 77669), of McCalla

Raymer LLC., filed a Motion To Default for failure of defendant Elizabeth Bauerle, N/K/A
Elizabeth Bidgood, to file or serve a pleading or other paper within the time required by law. The
motion is dated November 3, 2015 and signed by Curtis Wilson, Esq., Filing # 33997561, E-filed
11/03/2015 at 12:50:25 PM. The service list attached to the Motion To Default shows email
service to me, Neil J. Gillespie. An unofficial copy of the motion to default appears at Exhibit 1.
2.

The pleading described in paragraph 1 (Exhibit 1) is a sham pleading because defendant

Elizabeth Bauerle, N/K/A Elizabeth Bidgood, timely filed and served Notice of Defendants
Consent to Judgment through counsel Anthony J. Solomon, Esq. Bar No. 93057, of KEL, on

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

July 8, 2013 at 07:33:04 PM ET on the Portal. A copy of Notice of Defendants Consent to


Judgment appears at Exhibit 2 and shows service to McCalla Raymer LLC and states:
NOTICE OF DEFENDANTS' CONSENT TO JUDGMENT
Defendants, MARK GILLESPIE and JOEITA GILLESPIE AKA UNKNOWN SPOUSE
OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD
(hereinafter, the "Defendants"), file this Notice of Defendant's Consent to Judgment:
1. The Defendants, MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWN
SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH
BIDGOOD, have been named as Defendants in this action.
2. Plaintiff is seeking to recover the property located at 8092 SW 115th Loop, Ocala, FL
34481 based on an "event of default" under the terms of the Adjustable Rate Note (Home
Equity Conversion) a/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.
3.

The pleading described in paragraph 1 is a sham pleading because Mr. Wilson did not

serve the Motion To Default (Exhibit 1) by email or by any other means; I found the motion
on the Marion County Clerks public access website by chance. Mr. Wilson therefor violated:
RULE 1.080. SERVICE AND FILING OF PLEADINGS, ORDERS, AND
DOCUMENTS
(a) Service. Every pleading subsequent to the initial pleading, all orders, and every other
document filed in the action must be served in conformity with the requirements of
Florida Rule of Judicial Administration 2.516.
(b) Filing. All documents shall be filed in conformity with the requirements of Florida
Rule of Judicial Administration 2.525.
4.

Mr. Wilsons Motion To Default(Exhibit 1) contains a Notice to Clerk:


Notice to Clerk: In the event that any of the forenamed defendants have timely filed any
paper in the above styled cause, or should their return of service not be filed, then please
strike the name of such defendant from the above motion.
2

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

The foregoing shows Mr. Wilson knows defendant Elizabeth Bauerle, N/K/A Elizabeth Bidgood,
timely filed and served Notice of Defendants Consent to Judgment, and that he has a plan in
cooperation with Clerk and Comptroller David R. Ellspermann to exploit the sham pleading to
the Plaintiffs benefit, contrary to the rule of law.
RULE 1.150. SHAM PLEADINGS
5.

Mr. Wilsons Motion To Default (Exhibit 1) is a sham pleading and must be stricken

pursuant to Rule 1.150(a) Fla.R.Civ.P. Mr. Wilson knows defendant Elizabeth Bauerle, N/K/A
Elizabeth Bidgood, timely filed and served Notice of Defendants Consent to Judgment.
Wilson also knows he did not serve Neil J. Gillespie by email at [email protected].
RULE 1.150. SHAM PLEADINGS
(a) Motion to Strike. If a party deems any pleading or part thereof filed by another party
to be a sham, that party may move to strike the pleading or part thereof before the cause
is set for trial and the court shall hear the motion, taking evidence of the respective
parties, and if the motion is sustained, the pleading to which the motion is directed shall
be stricken. Default and summary judgment on the merits may be entered in the
discretion of the court or the court may permit additional pleadings to be filed for good
cause shown.
(b) Contents of Motion. The motion to strike shall be verified and shall set forth fully
the facts on which the movant relies and may be supported by affidavit. No traverse of
the motion shall be required.
6.

On January 16, 2015 at 11.16 AM I emailed Gregory C. Harrell, General Counsel to

David R. Ellspermann, Marion County Clerk of Court & Comptroller, in part:


It was suggested to me by a person in the Marion County Courthouse that the assignment
of my foreclosure case to Judge Stancil was somehow irregular. This is a request for
records that show how my case was assigned to Judge Stancil, and whether the
assignment of my case to Judge Stancil was according to law, and not a matter of judge
shopping or some type of manipulation of the judicial assignment process by the plaintiff
or the plaintiffs counsel.
7.

Mr. Harrell responded January 16, 2015 at 11:53 AM, in part:


3

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

The last document is the administrative order regarding judicial assignments that was in
place at the time your case was filed. As you will see, Judge Stancil was then assigned
1/8 of the mortgage foreclosure cases filed beginning January 1, 2012, which, practically
speaking, means that he would have randomly been assigned every eighth filed
foreclosure case. The Clerk's Office is not aware of any type of judge-shopping or
manipulation of the judicial assignment process with regard to your case by the plaintiff,
plaintiff's counsel, or anyone else.
8.

Administrative Order Number: M-2012-37 provided by Mr. Harrell appears at Exhibit 3,

Marion County Circuit Judges Judicial Assignments for the year 2013. It shows a system of
judicial assignments that cannot be verified, a system with no accountability, prime for crime.
9.

Mr. Wilson sent Judge Stancil a letter dated December 23, 2014, ex parte communication

about this foreclosure case, see Exhibit 4. Mr. Wilson did not provide me the letter; it came from
Mr. Harrell by email January 16, 2015 in response to a records request.
10.

Clerk Ellspermann filed my residential foreclosure as a commercial foreclosure, and

failed to take corrective action when notified that the civil cover sheet (form 1.997) was wrong.
See, 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.
11.

Clerk Ellspermann failed to correctly file or identify as NOTH my Notice of

Homestead in the Clerks official records. Gregory C. Harrell, General Counsel to David R.
Ellspermann, Marion County Clerk of Court & Comptroller, responded by email 10/28/15:
The document you recorded on 2/7/2013 at OR 5807/1396, while titled as a "Notice of
Homestead," does not have the attributes required for an actual Notice of Homestead
under Fla. Stat. 222.01(2) (e.g., the name and address of a judgment creditor, etc.). It is,
and has been, the practice of the Clerk's Office to only identify as Notices of Homestead
(or NOTHs) documents which do, in fact, qualify as Notices of Homestead under Fla.
Stat. 222.01(2). Your document constitutes the written statement regarding homestead
contemplated by Fla. Stat. 222.01(1). It is, and has been, our practice to identify those
types of documents as Notices (NOTs); and we are not aware of anything requiring us to
identify the legal description in the Clerk's register of recorded instruments for such
Notices.
4

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

On information and belief, there are no attributes required under Fla. Stat. 222.01(2) for my
particular homestead, and Mr. Harrell did not identify any such attributes for my homestead
12.

Prior to the Civitek Florida system, Clerk Ellspermann maintained two different party

dockets in this case for the purpose of fraud benefiting the plaintiff. The Marion County Clerks
online public docket printed November 5, 2015 (Exhibit 5) shows eight (8) defendants, all of
whom except me (Neil J. Gillespie) have given notice of consent, disclaimer, or defaulted:
Neil J Gillespie
Oak Run Homeowners Association (Motion to Default June 19, 2013)
United States of America (Disclaimer, February 11, 2013)
Elizabeth Bauerle (Notice of Consent to Judgment, July 8, 2013)
Mark Gillespie (Notice of Consent to Judgment, July 8, 2013)
Neil J Gillespie
Development & Construction Cor (Motion to Default June 19, 2013)
Joetta Gillespie (Notice of Consent to Judgment, July 8, 2013)
The Marion County Clerks online public docket printed November 5, 2015 (Exhibit 5) does not
show any trust parties, and it does not show any unknown parties.
13.

Email November 21, 2014 from Daniel Hendrix, FlaClerks (Exhibit 6) shows the same

eight (8) defendants; does not show any trust parties, and does not show any unknown parties.
14.

Curtis Wilson filed his Affidavit of Constructive Service November 3, 2015 for the

unknown spouse of defendant Elizabeth Bauerle, Filing # 33997757 E-Filed 11/03/2015 at


12:52:45 PM that does not conform to Chapter 49, Florida Statutes, Constructive Service of
Process. Wilson failed under section 49.31 to motion for appointment of ad litem; it is a sham
pleading and must be stricken Rule 1.150(a) Fla.R.Civ.P. A Certificate of Filing by Mr.
Wilson for Affidavit of Diligent Search and Inquiry for the Unknown Spouse of Elizabeth
Bauerle, shows the same filing number, Filing # 33997757, and other such as Affidavit of
Constructive Service.
5

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

15.

Curtis Wilson filed a Certificate of Filing for Unknown Settelors/Beneficiaries of the

Gillespie Family Living Trust Agreement Dated February 10, 1997 (Trust) that is not valid,
Filing # 34043841 E-Filed 11/04/2015 at 10:44:36 AM. First, there were no legitimate trust
parties in this foreclosure, see paragraphs 12 and 13, and this is therefore a sham pleading and
must be stricken pursuant to Rule 1.150(a) Fla.R.Civ.P. Second, the Trust was terminated
February 2, 2015. (Exhibit 7). Plaintiffs lis pendens January 9, 2013 expired. Validity of notice
of lis pendens is one year from filing. 48.23(2), Fla. Stat. (2013).
16.

Curtis Wilson filed his Affidavit of Inability to Determine Military Status for defendant

Elizabeth Bauerle, N/K/A Elizabeth Bidgood November 3, 2015, Filing # 33997757 11/03/2015
12:52:45 PM. Elizabeth Bauerle, N/K/A Elizabeth Bidgood, timely filed and served Notice of
Defendants Consent to Judgment through counsel Anthony J. Solomon, Esq. Bar No. 93057,
of KEL, on July 8, 2013 at 07:33:04 PM ET on the Portal. A copy of Notice of Defendants
Consent to Judgment appears at Exhibit 2 and shows service to McCalla Raymer LLC.
Therefore Wilsons Affidavit of Inability to Determine Military Status is a sham pleading and
must be stricken pursuant to Rule 1.150(a) Fla.R.Civ.P.
RULE 1.115. PLEADING MORTGAGE FORECLOSURES
17.

Neither Curtis Wilson, or his predecessor Danielle N. Parsons, Esq., complied with Fla.

R. Civil Pro, Rule 1.115 Pleading Mortgage Foreclosures:


(a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage or other lien on
residential real property, including individual units of condominiums and cooperatives
designed principally for occupation by one to four families which secures a promissory
note, must: (1) contain affirmative allegations expressly made by the claimant at the time
the proceeding is commenced that the claimant is the holder of the original note secured
by the mortgage; or (2) allege with specificity the factual basis by which the claimant is a
person entitled to enforce the note under section 673.3011, Florida Statutes.

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

(b) Delegated Claim for Relief. If a claimant has been delegated the authority to institute
a mortgage foreclosure action on behalf of the person entitled to enforce the note, the
claim for relief shall describe the authority of the claimant and identify with specificity
the document that grants the claimant the authority to act on behalf of the person entitled
to enforce the note. The term original note or original promissory note means the
signed or executed promissory note rather than a copy of it. The term includes any
renewal, replacement, consolidation, or amended and restated note or instrument given in
renewal, replacement, or substitution for a previous promissory note. The term also
includes a transferrable record, as defined by the Uniform Electronic Transaction Act in
section 668.50(16), Florida Statutes.
(c) Possession of Original Promissory Note. If the claimant is in possession of the
original promissory note, the claimant must file under penalty of perjury a certification
contemporaneously with the filing of the claim for relief for foreclosure that the claimant
is in possession of the original promissory note. The certification must set forth the
location of the note, the name and title of the individual giving the certification, the name
of the person who personally verified such possession, and the time and date on which
the possession was verified. Correct copies of the note and all allonges to the note must
be attached to the certification. The original note and the allonges must be filed with the
court before the entry of any judgment of foreclosure or judgment on the note.
RULE 1.100. PLEADINGS AND MOTIONS
18.

Rule 1.100(b), Fla. R. Civil. Pro. precluded Wilsons Notice of Case Management

Conference - All Pending Motions, November 17, 2014 (Exhibit 8)

All 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.
19.

Rule 1.200(a) Case Management Conference, does not permit a hearing on All Pending

Motions as was done December 18, 2014, and is restricted to:


(1) schedule or reschedule the service of motions, pleadings, and other papers;
(2) set or reset the time of trials, subject to rule 1.440(c);
(3) coordinate the progress of the action if the complex litigation factors contained in rule
1.201(a)(2)(A)(a)(2)(H) are present;
(4) limit, schedule, order, or expedite discovery;

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

(5) consider the possibility of obtaining admissions of fact and voluntary exchange of
documents and electronically stored information, and stipulations regarding authenticity
of documents and electronically stored information;
(6) consider the need for advance rulings from the court on the admissibility of
documents and electronically stored information;
(7) discuss as to electronically stored information, the possibility of agreements from the
parties regarding the extent to which such evidence should be preserved, the form in
which such evidence should be produced, and whether discovery of such information
should be conducted in phases or limited to particular individuals, time periods, or
sources;
(8) schedule disclosure of expert witnesses and the discovery of facts known and
opinions held by such experts;
(9) schedule or hear motions in limine;
(10) pursue the possibilities of settlement;
(11) require filing of preliminary stipulations if issues can be narrowed;
(12) consider referring issues to a magistrate for findings of fact; and
(13) schedule other conferences or determine other matters that may aid in the disposition
of the action.
Curtis Wilson did not comply with the Florida Supreme Court Verification Rule
20.

The Florida Supreme Court [SC09-1460] amended Rule 1.110(b) to require verification

of mortgage foreclosure complaints involving residential real property. In re Amendments to the


Florida Rules of Civil Procedure, 44 So.3d 555, 556 (Fla. 2010):
First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints
involving residential real property. The primary purposes of this amendment are (1) to
provide incentive for the plaintiff to appropriately investigate and verify its ownership of
the note or right to enforce the note and ensure that the allegations in the complaint are
accurate; (2) to conserve judicial resources that are currently being wasted on
inappropriately pleaded lost note counts and inconsistent allegations; (3) to prevent the
wasting of judicial resources and harm to defendants resulting from suits brought by
plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to
sanction plaintiffs who make false allegations.
See also In re Amendments to the Fla. Rules of Civil ProcedureForm 1.996 (Final Judgment of
Foreclosure), 51 So.3d 1140, 114041 (Fla.2010) (In light of recent reports of alleged
document fraud and forgery in mortgage foreclosure cases, this new requirement is particularly
important.).

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

21.

Florida Rule of Civil Procedure 1.110(b) and section 92.525, Florida Statutes (2011),

govern verification. Rule 1.110(b) provides, in pertinent part, as follows:


When filing an action for foreclosure of a mortgage on residential real property the
complaint shall be verified. When verification of a document is required, the document
filed shall include an oath, affirmation, or the following statement:
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.
Section 92.525 Florida Statutes provides, in pertinent part, as follows:
(1) When it is authorized or required by law, by rule of an administrative agency, or by
rule or order of court that a document be verified by a person, the verification may be
accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized
under s. 92.50 to administer oaths; or
(b) By the signing of the written declaration prescribed in subsection (2).
(2) A written declaration means the following statement: Under penalties of perjury, I
declare that I have read the foregoing [document] and that the facts stated in it are true,
followed by the signature of the person making the declaration, except when a
verification on information or belief is permitted by law, in which case the words to the
best of my knowledge and belief may be added. The written declaration shall be printed
or typed at the end of or immediately below the document being verified and above the
signature of the person making the declaration.
FRAUD ON THE COURT
22.

Section 837.06, Florida Statutes, governs False official statements.


837.06 False official statements.Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official
duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.

23.

Persons who falsely verified the Verified Complaint:


Plaintiffs counsel, Danielle N. Parsons, Esq. Fla. Bar No.: 0029364
McCalla Raymer LLC, 225 E. Robinson St. Suite 660, Orlando, FL 32801
Debbie Sims, Vice President, Reverse Mortgage Solutions, Inc. (RMS),
2727 Spring Creek Drive, Spring, TX 77373
9

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

PLAINTIFFS DEFECTIVE RULE 1.110(b) VERIFICATION OF THE COMPLAINT


No Identifiable Exhibits are Attached to the Verified Complaint
24.

There are no Exhibits attached to the Verified Complaint that are identifiable with the

pleadings. The Verified Complaint alleges at paragraph 2, Copies of the Note and Mortgage are
attached as Exhibits "A" and "B," respectively. This is false. There is nothing attached as
Exhibits "A" and "B," respectively.
25.

Instead, defective copies of the HECM Note and Second Note taken from my HUD

complaint of August 8, 2012 appear as Exhibits 11 and 12, and are missing the Direct
Endorsement Allonge that became a permanent part of said Note on May 29, 2008 which date
occurred a week before the HECM closing June 5, 2008, when the Note and Mortgage were
executed and delivered from the Borrowers to the Lender, Liberty Reverse Mortgage, Inc.
Somehow Liberty sold a nonexistent Note and Mortgage to Bank of America. This is a fatal
defect to the chain of custody of the HECM Note and Mortgage.
26.

Likewise, defective copies of the HECM Mortgage and Second Mortgage taken from my

HUD complaint are attached as Exhibits 32 and 33, and show interlineation after execution,
hand-written alterations, not initialed and not dated, which vitiates the Mortgage. This defect
only became known to me in July 2012 when I found it filed with the Clerk.
27.

Paragraph 3 of the Verified Complaint alleges, Copies of the relevant Assignments of

Mortgage are attached as Composite Exhibit "C." This is false. Nothing is attached as
Composite Exhibit "C." Instead, a single unmarked page, Assignment of Mortgage, March 27,
2012, from Bank of America to the Plaintiff, appears at the end of the Verified Complaint. Any
previous assignments of mortgage are missing.
THIS IS NOT A COMMERCIAL FORCLOSURE
10

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

Counsels Misrepresentation: Civil Cover Sheet Form 1.997 attached to Verified Complaint
28.

Counsel wrongly filed this action as a Commercial foreclosure $50,001 -$249,999

shown on Form 1.997 CIVIL COVER SHEET, II. TYPE OF CASE, attached to the Verified
Complaint, and signed by Plaintiffs counsel Danielle Parsons, who represented I CERTIFY
that the information I have provided in this cover sheet is accurate to the best of my knowledge
and belief. Counsels certification is false. This properly is the homestead of Neil Gillespie
under Section 4, Article X of the Florida Constitution. This action is a Homestead residential
foreclosure $50,001 -$249,999. Oak Run is a residential 55+ community. No commercial
activity is permitted. The HECM reverse mortgage was made on the residential property. It
appears counsels false declaration was intended to deceive the Clerk and the Court that this is a
commercial foreclosure, in violation of F.S. 837.06, False official statements.
29.

The Verified Complaint alleges at paragraph 4 entitlement to enforce the Note and

Mortgage, but the Plaintiff has not provided copies of the Note and Mortgage as pled. Therefore
the Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.
30.

The Plaintiff alleged in the Verified Complaint, paragraph 2, Copies of the Note and

Mortgage are attached as Exhibits A and B respectively. Plaintiffs statement is false.


There are no Exhibits A and B attached to the Complaint. The only exhibits attached to the
Complaint are numbered, not lettered. Those exhibits are numbered 11, 12, 32 and 33 and
therefore impossible to relate to the Verified Complaint or the Plaintiffs alleged claims therein.
Therefore the Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.
31.

The Verified Complaint, in paragraph 3, states The described subject Mortgage was

subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage are attached
as Composite Exhibit "C." Plaintiffs statement is false. There is no Composite Exhibit C
11

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

attached to the Complaint. There is a single page attached purporting to be an Assignment of


Mortgage attached but it is not marked in any way as an Exhibit or Composite and therefore
impossible to relate to the Verified Complaint or the Plaintiffs alleged claims therein. Therefore
the Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.
32.

The Verified Complaint is verified pursuant to Rule 1.110(b), Fla. R. Civ. P., by Debbie

Sims, Vice President, Reverse Mortgage Solutions, Inc., on December 20, 2012, and includes the
following statement:
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and that the
facts alleged therein are true and correct to the best of my knowledge and belief.
33.

Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and

that the facts alleged therein were true and correct. The Verified Complaint at paragraph 2 states
a fact: Copies of the Note and Mortgage are attached as Exhibits A and B respectively.
This fact is not true and correct. This statement is false. Exhibits A and B are not attached.
Therefore the Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.
34.

Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and

that the facts alleged therein were true and correct. The Verified Complaint at paragraph 3 states
a fact: Copies of the relevant Assignments of Mortgage are attached as Composite Exhibit "C."
This fact is not true and correct. This statement is false. Composite Exhibit C is not attached.
Therefore the Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.
SANCTIONS: DISMISS THE FORECLOSURE WITH PREJUDICE
35.

The Court has the inherent power to sanction perjury, misconduct and other fraud by the

Plaintiff. A plain reading of section 57.105(1) Florida Statutes shows sanctions may be awarded
upon the courts initiative.

12

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

36.

I respectfully request the Court on its own initiative to DISMISS WITH PREJUDICE

the Plaintiffs VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY CONVERSION


MORTGAGE as a sanction imposed for perjury by Debbie Sims who verified for the Plaintiff
under penalty of perjury facts as true and correct, when those facts were not true and correct,
contrary to her Verification as Vice President for the Plaintiff made under Rule 1.110(b)
Fla.R.Civ.P. Therefore the Verified Complaint is a SHAM PLEADING (Rule 1.150).
37.

Debbie Sims, by alleging facts under penalty of perjury as true and correct, when those

facts are not true and correct, violated section 837.06, Florida Statutes, False official statements.
837.06 False official statements.Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official
duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
Debbie Sims knowingly made a false statement in writing with the intent to mislead this Court to
benefit the Plaintiff in this HECM reverse mortgage residential home foreclosure. Therefore the
Verified Complaint is a SHAM PLEADING (Rule 1.150) and must be stricken.
Prior Counsel Danielle N. Parsons, Esq. - Officer of the Court
Current Counsel Curtis Wilson - Officer of the Court
Lack of Candor Before The Tribunal
38.

Plaintiffs counsel, Danielle N. Parsons, Esq. (Fla. Bar No.: 0029364), submitted the

Verified Complaint to the Court and bears responsibility for perjury by Debbie Sims made on
behalf of the Plaintiff in this residential mortgage foreclosure. Mr. Wilson, relying on the
verified complaint, is also bound by Candor before the Tribunal. As attorneys, Parsons and
Wilson are officers of this Court, their conduct subject to judicial supervision and scrutiny:
Attorney is an officer of the court and an essential component of the administration of
justice, and, as such, his conduct is subject to judicial supervision and scrutiny. State ex
rel. Florida Bar v. Evans, 94 So.2d 730 (1957).

13

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

39.

As attorneys, Parsons and Wilson must comply with the Rules of Professional Conduct,

including candor before the tribunal, as described in the Florida Bar Informational Packet,
Candor Before The Tribunal. The lawyer's duty not to assist witnesses, including the lawyer's
own client, in offering false evidence stems from the Rules of Professional Conduct, Florida
statutes, and caselaw.
Rule 4-1.2(d) prohibits the lawyer from assisting a client in conduct that the lawyer
knows or reasonably should know is criminal or fraudulent.
Rule 4-3.4(b) prohibits a lawyer from fabricating evidence or assisting a witness to testify
falsely.
Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or
knowingly assisting another to do so.
Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects adversely on
the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud,
deceit, or misrepresentation.
Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to the
administration of justice.
Rule 4-1.6(b) requires a lawyer to reveal information to the extent the lawyer reasonably
believes necessary to prevent a client from committing a crime.
This rule, 4-3.3(a)(2), requires a lawyer to reveal a material fact to the tribunal when
disclosure is necessary to avoid assisting a criminal or fraudulent act by the client, and 43.3(a)(4) prohibits a lawyer from offering false evidence and requires the lawyer to take
reasonable remedial measures when false material evidence has been offered.
Rule 4-1.16 prohibits a lawyer from representing a client if the representation will result
in a violation of the Rules of Professional Conduct or law and permits the lawyer to
withdraw from representation if the client persists in a course of action that the lawyer
reasonably believes is criminal or fraudulent or repugnant or imprudent. Rule 4-1.16(c)
recognizes that notwithstanding good cause for terminating representation of a client, a
lawyer is obliged to continue representation if so ordered by a tribunal.

14

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

40.

Florida caselaw prohibits lawyers from presenting false testimony or evidence. Kneale v.

Williams, 30 So. 2d 284 (Fla. 1947), states that perpetration of a fraud is outside the scope of the
professional duty of an attorney and no privilege attaches to communication between an attorney
and a client with respect to transactions constituting the making of a false claim or the
perpetration of a fraud. Dodd v. The Florida Bar, 118 So. 2d 17 (Fla. 1960), reminds us that "the
courts are . . . dependent on members of the bar to . . . present the true facts of each cause . . . to
enable the judge or the jury to [decide the facts] to which the law may be applied. When an
attorney . . . allows false testimony . . . [the attorney] . . . makes it impossible for the scales [of
justice] to balance." See The Fla. Bar v. Agar, 394 So. 2d 405 (Fla. 1981), and The Fla. Bar v.
Simons, 391 So. 2d 684 (Fla. 1980). To permit or assist a client or other witness to testify falsely
is prohibited by F.S. 837.02 which makes perjury in an official proceeding a felony, and by
F.S. 777.011 which proscribes aiding, abetting, or counseling commission of a felony.
41.

Oath of Admission to The Florida Bar. The general principles which should ever control

the lawyer in the practice of the legal profession are clearly set forth in the following oath of
admission to the Bar, which the lawyer is sworn on admission to obey and for the willful
violation to which disbarment may be had.
"I do solemnly swear:
"I will support the Constitution of the United States and the Constitution of the State of Florida;
"I will maintain the respect due to courts of justice and judicial officers;
"I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor
any defense except such as I believe to be honestly debatable under the law of the land;
"I will employ for the purpose of maintaining the causes confided to me such means only as are
consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice
or false statement of fact or law;

15

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

"I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept
no compensation in connection with their business except from them or with their knowledge
and approval;
"To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court,
but also in all written and oral communications;
"I will abstain from all offensive personality and advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which I am
charged;
"I will never reject, from any consideration personal to myself, the cause of the defenseless or
oppressed, or delay anyone's cause for lucre or malice. So help me God."
42.

Creed Of Professionalism

I revere the law, the judicial system, and the legal profession and will at all times in my
professional and private lives uphold the dignity and esteem of each.
I will further my profession's devotion to public service and to the public good.
I will strictly adhere to the spirit as well as the letter of my profession's code of ethics, to the
extent that the law permits and will at all times be guided by a fundamental sense of honor,
integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will not
improperly permit my silence or inaction to mislead anyone.
I will conduct myself to assure the just, speedy and inexpensive determination of every action
and resolution of every controversy.
I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all times
act with dignity, decency, and courtesy.
I will respect the time and commitments of others.
I will be diligent and punctual in communicating with others and in fulfilling commitments.
I will exercise independent judgment and will not be governed by a client's ill will or deceit.
My word is my bond.
CHAPTER 777 FLORIDA STATUTES
PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; CONSPIRACY

16

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

43.

On information and belief, Judge Hale Ralph Stancil, Clerk David R. Ellspermann and

attorney Curtis Wilson of McCalla Raymer LLC, as set forth herein, violated Ch. 77, Fla. Stat.,
including section 777.04 Attempts, solicitation, and conspiracy.
(3) A person who agrees, conspires, combines, or confederates with another person or persons to
commit any offense commits the offense of criminal conspiracy.
44.

On January 15, 2015 I wrote John A. Tomasino, Clerk, Supreme Court of Florida about

the apparent criminal conspiracy, but got no response. Exhibit 9. My email letter stated in part - John A. Tomasino, Clerk
Supreme Court of Florida
500 South Duval Street
Tallahassee, Florida 32399-1927
Mr. Tomasino:
Attached you will find three Orders purporting to be from Ocala Judge Hale R. Stancil,
but mailed from Orlando zip code 32801 - the zip code for McCalla Raymer, LLC although there is no return address on any of the three envelopes. The three envelopes are
sterile.
Order on Case Management Conference - Neil J. Gillespie
Order on Case Management Conference - Co-Trustees of the Gillespie Trust
Order on Case Management Conference - Unknown Settlors/Beneficiaries of the
Gillespie Trust
I take that to mean the orders were prepared by attorney Curtis Wilson of McCalla
Raymer, who apparently has a rubber stamp for Hale R. Stancil, and used the stamp to
represent that Judge Stancil prepared and mailed the orders, when in fact Curtis Wilson
of McCalla Raymer did.
Do the Florida Court Rules or Florida Bar Rules permit an attorney to rubber-stamp the
name of a judge on a court order, without disclosing the identity of the person using the
rubber-stamp?
I am not certain the orders are legitimate, and made a records request to Mr. Harrell for
the actual record. As of this time Mr. Harrell has not responded, and he has not provided
the records.

17

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

Why does the Court serve me by U.S. mail, when I complied with Rule 2.516 and
provided my email address for service? Fla. R. Jud. Admin. 2.516(b)(1)(c) Service on
and by Parties Not Represented by an Attorney. The orders arrived yesterday, January 14,
2015, which is 8 days after Mr. Wilson of McCalla Raymer prepared the order and
stamped the judges name thereupon on January 6, 2015. Eight days is too long for mail
between Orlando and Ocala.
45.

Mr. Harrell provided records the next day. The order of Judge Stancil (Exhibit 10) looks

substantially different than the orders prepared by Mr. Wilson. One order is signed, the other
orders are stamped, and originate from Orlando, not Ocala.
46.

Clerk Ellspermann did his part by maintaining two party dockets. See Exhibit 11, Case

progress dockets June 24, 2015 that show eight (8) defendants, all of whom except me (Neil J.
Gillespie) have given notice of consent, disclaimer, or defaulted:
Neil J Gillespie
Oak Run Homeowners Association (Motion to Default June 19, 2013)
United States of America (Disclaimer, February 11, 2013)
Elizabeth Bauerle (Notice of Consent to Judgment, July 8, 2013)
Mark Gillespie (Notice of Consent to Judgment, July 8, 2013)
Neil J Gillespie
Development & Construction Cor (Motion to Default June 19, 2013)
Joetta Gillespie (Notice of Consent to Judgment, July 8, 2013)
The Marion County Clerks online public docket (Exhibit 11) does not show any trust parties in
the case caption header, and it does not show any unknown parties in the case caption header.
However the docket body entries show trust and unknown parties.
47.

The Clerks online public case docket at Exhibit 12 shows the old style format, with trust

parties in the case caption or header; the docket body entries show trust and unknown parties.
48.

My Notice of Appeal (Exhibit 13), Filing # 22991549 E-Filed 01/26/2015 11:55:00 PM,

36 pages shows documents from another Bank of America foreclosure, Affidavit of Constructive
Service, Ex-Parte Motion for Appointment of Guardian, Administrator, and Attorney Ad Litem,
and Order Appointing Guardian Ad Litem.
18

DEFENDANT GILLESPIES RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS


November-06-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX

49.

My Notice of Appeal (Exhibit 13), also shows Affidavits of Diligent search filed with the

Clerk, that Affidavits Wilson refiled again for some reason this week of November 2015.
Exhibit 3, AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY, UNKNOWN
SPOUSE OF ELIZABETH BAUERLE
Exhibit 4, AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY, UNKNOWN
SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997 (FILED IN MARION COUNTY
FEBRUARY 12, 2013)
Exhibit 5, AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY, UNKNOWN
SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997 (FILED IN MARION COUNTY
FEBRUARY 12, 2013)
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 November 6, 2015.

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: [email protected]
Certificate of Service I hereby certify that today November 6, 2015 I served the forgoing
to the following names on the Florida E-filing Portal.
Curtis Wilson a/k/a Curtis Alan Wilson
Email: [email protected]

Neil J. Gillespie

19

Electronically Filed 07/08/2013 07:33:04 PM ET

IN THE CIRCUIT COURT OF THE


FIFTH JUDICIAL
CIRCUIT OF
FLORIDA IN AND MARION COUNTY
GENERAL JURISDICTION DIVISION
REVERSE MORTGAGE SOLUTIONS, INC.,

Case No.:

2013-CA-000115

Plaintiff,

v.
MARK GILLESPIE, et al.,
Defendants.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~I
NOTICE OF DEFENDANTS' CONSENT TO ,JUDGMENT
Defendants, MARK GILLESPIE and JOEITA GILLESPIE AKA UNKNOWN SPOUSE
OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD
(hereinafter, the "Defendants"), file this Notice of Defendant's Consent to Judgment:
1.

The Defendants,

MARK GILLESPIE and JOETTA GILLESPIE AKA

UNKNOWN SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA


ELIZABETH BIDGOOD, have been named as Defendants in this action.
2.

Plaintiff is seeking to recover the property located at 8092 SW 115th Loop,

Ocala, FL 34481 based on an "event of default" under the terms of the Adjustable Rate Note
(Home Equity Conversion) a/kIa "reverse mortgage".
3.

Because this is a reverse mortgage, the Defendants have no financial liability

under the terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4.

Defendants do not wish to contest entry of final judgment against Defendants.

5.

The Defendants desire swift resolution to this action so they hereby give consent

to having Judgment entered in favor of the Plaintiff in this action.

KEL File #13LAW34876

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have electronically filed via the Florida Courts eFiling
Portal and furnished a true and correct copy of the foregoing to Angela M. Brenwald, Esquire, of
McCalla
Raymer
LLC,
225
E.
Robinson
S1.,
Orlando,
FL
32801,
[email protected]; via [x] Email Delivery, today July 5, 2013.
KAUFMAN, ENGLETT & LYND, PLLC
/s/ Anthony J. Solomon
Anthony J. Solomon, Esq.
Florida Bar No. 93057
111 N. Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: [email protected]
Secondary Email: [email protected]
Attorney for Defendants:
MARK GILLESPIE and
JOETIA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE

KEL File #13LAW34876

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT


OF THE STATE OF FLORIDA, IN AND FOR MARION COUNTY
Effective:

January 1, 2013

Administrative Order Number: M-2012-37

In Re: MARION COUNTY CIRCUIT JUDGES JUDICIAL ASSIGNMENTS


FOR THE YEAR2013
Judge David B. Eddy:

Juvenile Delinquency and CINS/FINS; all RVI and Sexual Violence


cases (Designation FV); Detention and Shelter Hearings; all after
hours injunctions; 1/4 Baker Act and 1/4 Substance Abuse
(Marchman Act) cases (February, June, October); Hearings on excess
fee motions in criminal cases in Marion County and Lake County;
Hearings on motions to involuntarily administer medication to DOC
inmates; Administrative Judge for Marion County.

Judae Sandra Edwards-Stephens: 1/4 Felony (Designation X); 1/3 Jimmy Ryce cases; 1/8
mortgage foreclosure cases filed beginning January 1, 2012.

Judge Robert W. Hodges:

1/4 Felony (Designation W) 1/3 Jimmy Ryce Cases; 1/8 mortgage


foreclosure cases filed beginning January 1, 2012.

Judge Brian D. Lambert:

1/4 Felony ((Designation Y); 1/3 Jimmy Ryce cases; 1/8 mortgage
foreclosure cases filed beginning January I, 20 12; Guardianship and
Adult Protective Services cases filed beginning January 1, 20 12;
Circuit Appellate Panel.

Judge Jonathan D. Ohlman: 1/3 of all new Domestic Relations and Domestic Violence and
Dating Violence DR cases assigned to FJ division; all previously
assigned cases to the FJ division; Detention and Shelter hearings
(as backup for Judge Eddy and Judge Robbins for the months of
March, June, September, December ); 113 new Child Support
Enforcement cases designated FJ; 114 Baker Act cases and 1/4
Substance Abuse (Marchman Act) cases (March, July and
November); 118 mortgage foreclosure cases filed with designation of
Nand cases previously reassigned from the senior judge docket.
Judae Willard Pope:

113 of all new Domestic Relations and Domestic Violence and


Dating Violence DR cases assigned to FC division; all previously
assigned cases to the FC division; Detention and Shelter hearings (as
backup for Judge Eddy and Judge Robbins for the months of January,
April, July, October); 113 of the new Child Support Enforcement

cases designated HC; previous Child Support Enforcement cases


designated HC; 1/4 Baker Act cases and 1/4 Substance Abuse
(Marchman Act) cases (April, August, December); 1/8 mortgage
foreclosure cases filed with designation of P and cases previously
reassigned from the senior judge docket.

Judge S. Sue Robbins:

Juvenile Dependency; crossover Domestic Relations, Child Support


Enforcement and Juvenile Delinquency cases (Designation FK);
Detention and Shelter Hearings; Termination of Parental Rights
cases; Probate (cases filed beginning April I, 2011 ); 1/8 mortgage
foreclosure cases filed with designation of 0 and cases previously
reassigned from the senior judge docket; Fifth Circuit Family Law
Administrative Judge.

Judge Steven Rogers:

1/2 Civil (Designation B), and previous civil cases with designations
ofC and K; and pre-2009 Probate and Eminent Domain cases; 1/2
Forfeitures; 112 Bond Validations and Assessment Liens; 1/2
Eminent Domain; 1/2 Probate (cases filed before April I, 2011); 1/4
mortgage foreclosure cases filed through December 31, 2011.

Judge Edward L. Scott:

1/3 of all new Domestic Relations and Domestic Violence and


Dating Violence DR cases assigned to FG division; all previously
assigned cases to the FG division; Detention and Shelter hearings (as
backup for Judge Eddy and Judge Robbins for the months of
February, May, August, November); 1/3 of the new Child Support
Enforcement cases designated HG; previous Child Support
Enforcement cases designated HG; 1/4 Baker Act cases and 1/4
Substance Abuse (Marchman Act) cases (January, May, September);
1/8 mortgage foreclosure cases filed with designation ofM and cases
previously reassigned from the senior judge docket.

Judge Jack Singbush:

1/2 Civil (Designation G) and previous civil cases with


designations of A, D and E, and pre-2009 Probate and Eminent
Domain cases; 1/2 Forfeitures, 1/2 Bond Validations and
Assessment Liens, 1/2 Eminent Domain, 1/2 Probate (cases filed
before April I, 2011); 1/4 mortgage foreclosure cases filed through
December 31, 2011.

Judge Hale R. Stancil:

1/4 Felony (Designation Z); Drug Court; 1/8 mortgage foreclosure


cases filed beginning January I, 2012.

Hearing Officer:

Department of Revenue Child Support cases; and other duties to be


determined.

General Magistrates:

Hearings as designated by Administrative Order; Domestic Relations


and other duties as assigned

POST CONVICTION MOTIONS WILL BE HEARD BY THE SENTENCING JUDGE

The Administrative Judge for Marion County will be chosen by the Chief Judge as he
deems appropriate. The Administrative Judge for Marion County shall have
administrative authority over all divisions.

CIVIL DESIGNATIONS are as follows:


G, and also A, D and E - Judge Jack Singbush
B, and also C and K - Judge Steven Rogers
FELONY DESIGNATIONS are as follows:
W- Judge Robert W. Hodges
X - Judge Sandra Edwards-Stephens
Y- Judge Brian D. Lambert
Z- Judge Hale R. Stancil
DOMESTIC RELATIONS DESIGNATIONS are as follows:
FCFJ FG FK FV -

Judge Willard Pope


Judge Jonathan D. Ohlman
Judge Edward L. Scott
Judge S. Sue Robbins
Judge David B. Eddy

Shelter hearings will be addressed by the five (5) family-law judges as set forth above. In the
absence of such judges, the judge who is assigned to handle weekend and after-hours matters will
hear the shelter hearings as required and necessary to comply with time restraints. In addition, all
Marion County Circuit Judges will assist with the shelter hearings when necessary.
In any Domestic Violence and Repeat Violence cases where the parties have a pending domestic
relations cases, such domestic/repeat violence case shall be assigned to the judge handling the
domestic relations case. In any newly filed domestic relations cases where a Petition for Injunction
for Protection has previously been filed, the domestic relations case shall be assigned to whichever
judge handled the injunction.

Domestic Violence, Repeat Violence and other atler-hours requests which require judicial action on
weekends, holidays and between the hours of5 :00 p.m. and 8:00a.m. on weekdays. will be reviewed
and signed by all judges sitting in Marion County (Circuit Judges and County Judges) on a rotating
basis. Such rotation shall be the same as the weekend and holiday assignments for First Appearances
as set forth by separate Administrative Order. In each case where a County Judge has such an
assignment, said judge is hereby appointed as an acting Circuit Judge for the duration of such
assignment. Likewise, a Circuit Judge is hereby appointed as an acting County J udgc in any instance
where county court jurisdiction is required during such duty assignment.
Prior to noon on each Friday, the judge assigned to handle First Appearances that weekend will be
delivered the duty judge telephone which he/she will retain on his/her person until the next Friday
at noon, at which time the duty judge telephone will be delivered to the next assigned judge. Each
judge so assigned (the "Duty Judge") will be responsible for ensuring that a judge is available during
usual courthouse business hours (8:30a.m. to 5:00p.m., Monday through Friday), except lunch hour,
to review and decide Domestic Violence, Repeat Violence and other matters which require
immediate attention. The hearing dates and times required on Domestic Violence and Repeat
Violence motions that are filed after hours and on weekends will be provided by Judge Eddy.

David B. Eddy, Administrative J dge


Dated: September l 0, 2012

'

~Calla .%ymer, LLC


225 East Robinson Street, Suite 660
Orlando, FL 32801 1

Phone: (407) 674-1850


Fax: . (321) 248-0420
December z:3, 2014

The Honorable Hale R. Stancil


Marion County Judicial Center
110 N.W. 1st Avenue
Ocala, FL 34475

Re:

Reverse Mortgage Solutions, INC. 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. 42-2013-CA-000115-A:XXX-:XX
Our File No. 12-02121-2

Your Honor:
Enclosed please find a Proposed Order from the Case Management Conference and Hearing on All
Motions which ocCUJ;Ted on December 18, 2014 in the above referenced case. Please review, and if
acceptable, sign the enclosed Order. Copies to be conformed by your Judicial Assistant and mailed to
the respective parties. are also enclosed. If there are any questions regarding this matter, please contact
our office, toll free, at (855) 281-3909.
Thank you in advance for your time and consideration.

Enclosures

3668863

12-02121-2

https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwafrJy-kIzdO_L9qvQZMhxhqjI3WY8

Case Information
New Search Expand All

422013CA000115CAAX01/09/2013

STANCIL, HALE R

JUDGE

REVERSE
MORTGAGE
SOLUTIONS INC

PLAINTIFF

GILLESPIE, NEIL J

DEFENDANT

OAK RUN
HOMEOWNERS
ASSOCIATION

DEFENDANT

UNITED STATES
OF AMERICA

DEFENDANT

BAUERLE,
ELIZABETH

DEFENDANT

GILLESPIE, MARK

DEFENDANT

GILLESPIE, NEIL J

DEFENDANT

DEVELOPMENT &
CONSTRUCTION
COR

DEFENDANT

GILLESPIE, JOETTA

DEFENDANT

MARION

Circuit Civil 37-D

WILSON, CURTIS
ALAN

77669

CAPARAS, TIFFANY

89863

OPEN

224

11/04/2015

CERTIFICATE OF FILING

220

11/03/2015

EFILED MOTION FOR DEFAULT

221

11/03/2015

CERTIFICATE OF FILING

222

11/03/2015

AFFIDAVIT OF INABILITY TO DETERMINE MILITARY STATUS

223

11/03/2015

AFFIDAVIT OF CONSTRUCTIVE SERVICE

218

06/18/2015

NOTICE OF FILING APPEAL TO FLORIDA SUPREME COURT

51

216

06/17/2015

NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT

217

06/17/2015

TRANSCRIPT CONT - SEE DOC

15

11/5/2015 3:53 PM

https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwafrJy-kIzdO_L9qvQZMhxhqjI3WY8

215

06/16/2015

NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT

18

213

06/04/2015

MEMO FROM 5TH DCA NO MANDATE WILL BE ISSUED IN THI 1

No records found.

No records found.

Assessment

Total: $1,119.50

Paid to Date: $1,119.50

Balance Due: $0.00

Restitution

Total: $0.00

Paid to Date: $0.00

Balance Due: $0.00

Last Payment Date:

$1,119.50

$1,119.50

$0.00

$0.00

11/5/2015 3:53 PM

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Subject:

"Daniel Hendrix" <[email protected]>


<[email protected]>
Friday, November 21, 2014 9:09 AM
E-Portal Service Desk Incident # 00705974

For case 42-2013-CA-000115-AXXX-XX, the case style has you listed in the countys case management system (CCIS), which is what the portal gathers
case information from to display on the portal. It also has DEVELOPMENT & CONSTRUCTION COR among others. The reason why it only displays
DEVELOPMENT & CONSTRUCTION COR as a defendant on the portal is because there is not enough room to display the reset of the case style. You are also
listed on the Case Parties tab.

Daniel Hendrix
Support Specialist
CiviTek

Youtube Training Videos: https://www.youtube.com/channel/UCcXR6q3po-M6RxF_Stv6l9A


Follow us on Twitter: @FLCourtsEFiling

This email is intended for the addressee(s) indicated above only. It may contain information that is privileged, confidential or otherwise protected from disclosure. Any dissemination, review, use of this email or its contents by persons other than the addressee is
strictly prohibited. If you have received this email in error, please delete it immediately.

6
11/6/2015

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

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

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

7
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.

(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

IN THE CIRCUIT COURT OF THE FIFTH


JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR I\1ARION COUNTY
GENERAL JURISDICTION DIVISION
CASE NO_ 42-2013-CA-OOOl15-AXXX-XX
REVERSE MORTGAGE
INC.,

SOLUTIONS,

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK.
GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,
] 997, et aI.,
Defendant.

NOTICE OF HEARING
PLEASE TAKE NOTICE that the undersiglled attorney has set a hearillg for tIle
following: Case Management Conference - All Pending Motions before the Honorable Hale
R. Stancil of the above-styled Couli, at the, Marioll County Judicial Center, 110 N.W. 1st
Avenue, Ocala, FL 34475, Courtroom Number TBD, on December 18, 2014 at 10:00 AM or as
soon as t11e matter lnay be heard.

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
yOll, 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: Mar-ion County Talneka Gordon
(352) 401-6701

8
3539572

12-02121-2

CASE NO. 42-2013-CA-OOOl15-AXXX-XX


CERTIFICATE OF SERVICE
I IIEREBY CERTIFY that the original Notice of Hearing for Case Management
Conference - All Pending Motions was filed with the Court and that a true and correct copy of
the foregoing was: [check all used] (X ) E-mailed ( X) Mailed this 17th day of November, 2014,
to:
Oak Run HOll1eowners Association, Inc.
7480 SW Highway 200
Ocala, FL 34476
Neil J. Gillespie and Mark Gillespie as Co-Trustees of tIle Gillespie Fanlily Living Trust
Agreement dated February 10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481
UrOOlown spouse of Mark Gillespie n/l<!a Joetta Gillespie
7504 Sumlner Meadows Drive
Ft. WOrtll, TX 76123
Developlnent & Construction Corporation of A1nerica
c/o Registered Agent: Priya Glll1mman
10983 SW 89 Avenue
Ocala, FL 34481
Unkllown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreell1ent dated February
10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481
Elizabet11 Ballerle n/l<!a Elizabeth Bidwood
7504 Sumnler Meadow Drive
Ft. Worth, TX 76123
Urllmo,;vn spouse of Elizabeth Bauerle
6356 SW 106th Place
Ocala, FL ~4476
Colleen Murphy Davis, Assistant United States Attorney
400 N. Tampa Street, Suite 3200
Tampa, FL 33602
USAFLM. State.Foreclosures@usdoj .gov
[email protected]

3539572

12-02121-2

Mark Gillespie

7504 Stunmer Meadows Drive

Ft. Worth, TX 76123

Neil J. Gillespie

8092 SW 115TH LOOP

OCALA, FL 34481

[email protected]

Curtis
lson, Esq.
McCalla Raymer, LLC
Attorney for Plaintiff
225 E. Robinson St. Sllite 660

Orlando, FL 32801

Phone: (407) 674-1850

Fax: (321) 248-0420

Email: [email protected]
Fla. Bar No.: 77669

3539572

12-02121-2

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Orlando, FL 32801

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8092 SW 115TH LOOP

OCALA, FL 34481

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VIA Email: [email protected]

January 15, 2015

John A. Tomasino, Clerk


Supreme Court of Florida
500 South Duval Street
Tallahassee, Florida 32399-1927
Mr. Tomasino:
Attached you will find three Orders purporting to be from Ocala Judge Hale R. Stancil, but
mailed from Orlando zip code 32801 - the zip code for McCalla Raymer, LLC - although there is
no return address on any of the three envelopes. The three envelopes are sterile.
Order on Case Management Conference - Neil J. Gillespie
Order on Case Management Conference - Co-Trustees of the Gillespie Trust
Order on Case Management Conference - Unknown Settlors/Beneficiaries of the Gillespie Trust
I take that to mean the orders were prepared by attorney Curtis Wilson of McCalla Raymer, who
apparently has a rubber stamp for Hale R. Stancil, and used the stamp to represent that Judge
Stancil prepared and mailed the orders, when in fact Curtis Wilson of McCalla Raymer did.
Do the Florida Court Rules or Florida Bar Rules permit an attorney to rubber-stamp the name of
a judge on a court order, without disclosing the identity of the person using the rubber-stamp?
I am not certain the orders are legitimate, and made a records request to Mr. Harrell for the
actual record. As of this time Mr. Harrell has not responded, and he has not provided the records.
Why does the Court serve me by U.S. mail, when I complied with Rule 2.516 and provided my
email address for service? Fla. R. Jud. Admin. 2.516(b)(1)(c) Service on and by Parties Not
Represented by an Attorney. The orders arrived yesterday, January 14, 2015, which is 8 days
after Mr. Wilson of McCalla Raymer prepared the order and stamped the judges name
thereupon on January 6, 2015. Eight days is too long for mail between Orlando and Ocala.
It appears the orders were not mail in an expeditious manner, which reduces my time to appeal,
or prepare an answer, affirmative defenses, and counterclaims against Mr. Wilson, Ms. Parsons,
McCalla Raymer, Bank of America and shareholder Hodges, and Judge Stancil, Ms. Fagen, etc.
Sincerely,

Neil J. Gillespie, petitioner pro se


8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: [email protected]
Attachments

IN THE CIRCUIT COURT OF THE FIFTH


JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
CASE NO. 42-2013-CA-000115-AXXX-XX
REVERSE
INC.,

MORTGAGE

SOLUTIONS,

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK
GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,
1997, et aI.,
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's Motion to Strike is hereby Denied

5.

Defendant is hereby ordered to file an Answer to the Plaintiff's Complaint within 20

days of the execution of this order.


6.

DONE AND ORDERED at Marion County, Florida, this

JG..r\

,20

\S.

lQ

day of

MAL! R. STANCIL
CIRCUIT JUDGE

Copies to parties on the attached service list.


3668863

12-02121-2

SERVICE LIST

Mccalla Raymer, LLC


225 E. Robinson St. Suite 660
Orlando, Fl32801
Oak Run Homeowners Association, Inc.
7480 SW Highway 200
Ocala, FL 34476
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Fanlily Living Trust Agreement
dated February 10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, IX 76123
Development & Construction Corporation ofAmerica
c/o 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 l06th Place
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney
400 N. Tampa Street, Suite 3200
Tampa, FL 33602
USAFLM.HUD.Disclaimers@usdoj .gov
[email protected]
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123

3668863

12-02121-2

Neil J. Gillespie
8092 Sw 115th Loop
Ocala, Fl 34481
[email protected]

3668863

12-02121-2

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IN THE CIRCUIT COURT OF THE FIFTH


JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
CASE NO. 42-2013-CA-OOOI15-AXXX-XX
REVERSE
INC.,

MORTGAGE

SOLUTIONS,

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK
GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,
1997, et aI.,
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's Motion to Strike is hereby Denied

5.

Defendant is hereby ordered to file an Answer to the Plaintiff's Complaint within 20

days of the execution of this order.


6.

DONE AND ORDERED at Marion County, Florida, this

UM

,20~.

lQ

day of

-HALE R. STANCIL
CIRCUIT JUDGE

Copies to parties on the attached service list.


3668863

12-02121-2

SERVICE LIST

Mccalla Raymer, LLC


225 E. Robinson St. Suite 660
Orlando, FI 32801
Oak Run Homeowners Association, Inc.
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
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Development & Construction Corporation ofAmerica
clo 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
400 N. Tampa Street, Suite 3200
Tampa, FL 33602
USAFLM.HUD.Disclaimers@usdoj .gov
[email protected]
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123

3668863

12-02121-2

Neil J. Gillespie
8092 Sw 115th Loop
Ocala, Fl 34481
[email protected]

3668863

12-02121-2

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0001364007---

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

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IN THE CIRCUIT COURT OF THE FIFTH


JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
CASE NO. 42-2013-CA-OOOl15-AXXX-XX
REVERSE
INC.,

MORTGAGE

SOLUTIONS,

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK
GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,
1997, et aI.,
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 Motioll to Disqualify Judge Hale Stancil is hereby DENIED

3.

Defendant's Motion to Quash Service of Process is hereby DENIED

4.

Defendant's Motion to Strike is hereby Denied

5.

Defendant is hereby ordered to file an Answer to the Plaintiff's Complaint within 20

days of the execution of this order.


6.

lo__ day of

DONE AND ORDERED at Marion County, Florida, this _ . . . .

UCUl

,20

\S.

-HALE R. STANCIL
CIRCUIT JUDGE

Copies to parties on tIle attached service list.


3668863

12-02121-2

SERVICE LIST

Mccalla Raymer, LLC


225 E. Robinson St. Suite 660
Orlando, Fl32801
Oak Run Homeowners Association, Inc.
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
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Development & Construction Corporation ofAmerica
clo 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 Sumnler Meadow Drive
Ft. Worth, TX 76123
Unknown spouse of Elizabeth Bauerle
6356 SW 1o6th Place
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney
400 N. Tampa Street, Suite 3200
Tampa, FL 33602
USAFLM.HUD.Disclaimers@usdoj .gov
[email protected]
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, IX 76123

3668863

12-02121-2

Neil J. Gillespie
8092 Sw 115th Loop
Ocala, FI 34481
[email protected]

3668863

12-02121-2

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


February 10,1997
8092 SW 115TH LOOP
OCALA, FL 34481

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---

REVERSE
INC.,

MORTGAGE

SOLUTIONS,

Plaintiff,
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.

Defen~ant

is hereby ordered to file an Answer to the Plaintiff's Complaint within 20

days ofthe execution:ofthis order.


5.

WNEANDORDE~atMarionCounty,Flon.dai;;;Z,this~ ~da
of
()-/J4

{/

, 20;!2._.
;

,,

----~--~------~~--~

CIRCUIT JUDGE

Copies to parties on the attached service list.

3668863

12-02121-2

10
\lP

https://www.myfloridacounty.com/ccm/do/docket?q1=PUekI0zIOB2kfxOL7vzX4g&q2=2300056f140763afe69863b06d8ef13a

Case Progress Dockets


CASE NUMBER

FILE DATE

422013CA000115CAAXXX
01/09/2013
[13CA000115AX]

New Search

CASE TYPE

STATUS

FORECLOSURE COMMERICAL $50,001 - $249,99

OPEN

[PLAINTIFF=REVERSE MORTGAGE SOLUTIONS INC ATTORNEY=WILSON, CURTIS ALAN DEFENDANT=GILLESPIE, NEIL


J DEFENDANT=OAK RUN HOMEOWNERS ASSOCIATION DEFENDANT=UNITED STATES OF AMERICA DEFENDANT=BAUERLE,
ELIZABETH DEFENDANT=GILLESPIE, MARK ATTORNEY=CAPARAS, TIFFANY DEFENDANT=GILLESPIE, NEIL
J DEFENDANT=DEVELOPMENT & CONSTRUCTION COR DEFENDANT=GILLESPIE, JOETTA ]
[JUDGE=STANCIL, HALE R]
LAST DOCKET DATE=06/18/2015
[Court Events | Finance Info | Docket Info]
ACTION DATE

TEXT

06/18/2015 NOTICE OF FILING APPEAL TO FLORIDA SUPREME COURT


06/17/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT
06/17/2015 TRANSCRIPT CONT - SEE DOC
06/16/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT
06/04/2015 MEMO FROM 5TH DCA NO MANDATE WILL BE ISSUED IN THIS CAUSE
06/04/2015 ORDER FROM 5TH DCA CAUSE IS DISMISSED
05/08/2015 CORR/MEMO TO CLERKS OFFICE
05/08/2015 CORR/MEMO FROM CLERKS OFFICE
03/09/2015 MAIL RETURNED BY POST OFFICE FROM UNKNOWN SPOOUSE OF ELIZABETH BAUERLE
03/09/2015 MAIL RETURNED BY POST OFFICE FROM ELIZAGETH BAUERLE NKA ELIZABETH BIDWOOD
03/09/2015 MAIL RETURNED BY POST OFFICE FROM ELIZABETH BAUERLE NKA ELIZABETJN BIDWOOD
03/04/2015 DETERMINATION OF INDIGENT STAT NEIL J GILLESPIE IS FOUND INDIGENT
02/28/2015 AFFIDAVIT OF INDIGENT STATUS
02/20/2015 DETERMINATION OF INDIGENT STAT NEIL J GILLESPIE IS FOUND INDIGENT
02/18/2015 DETERMINATION OF INDIGENT STAT
02/16/2015 AFFIDAVIT OF INDIGENT STATUS
02/16/2015 AFFIDAVIT OF INDIGENT STATUS
02/07/2015 AFFIDAVIT AFFIDAVIT OF NEIL J GILLESPIE OF RESIDENTIAL HOMESTEAD
02/06/2015 ORDER DENYING MOTION ORDER DENYING DEFENDANTS SECOND MOTION TO DISQUALIFY JUDGE
02/06/2015 ORDER DENYING MOTION HALE STANCIL
02/06/2015 ORDER FROM 5TH DCA
02/03/2015 MTN FOR RECUSAL/DISQUALIFICATN DEFENDANT'S SECOND MOTION TO DISQUALIFY JUDGE HALE STANCIL
02/03/2015 CORRESPONDENCE OR MEMORANDUM EMAIL CORRESPONDENCE
02/03/2015 ANSWER TO VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY CONVERSION
02/03/2015 ANSWER MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOUPMENT; OTHER
02/03/2015 ANSWER DEFENSES; COUNTER-CLAIMS AND CROSS-CLAIMS
02/03/2015 ANSWER SEE ANSWER REGARDING COUNTER-CLAIMS AND CROSS-CLAIMS
02/03/2015 ANSWER DEFENDANTS ANSWER TO VERIFIED COMPLAINT TO FORECLOSE HOME
02/03/2015 ANSWER EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN
02/03/2015 ANSWER RECOUPMENT; OTHER DEFENSES; COUNTER-CLAIMS AND CROSS-CLAIMS
02/03/2015 ANSWER SEE ANSWER REGARDING COUNTER-CLAIMS AND CROSS-CLAIMS
02/03/2015 REQUEST REQUEST EFILING SUPPORT
01/30/2015 ORDER FROM 5TH DCA
01/30/2015 ORDER FROM 5TH DCA
01/29/2015 ACKNOWLEDGMENT OF NEW CASE NO NON FINAL
01/28/2015 NOTICE OF APPEAL TRANSMITTAL
01/26/2015 NOTICE OF APPEAL DEFENDANTS' NOTICE OF APPEAL, MOTION TO STAY PENDING APPEAL

11

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ACTION DATE

TEXT

01/26/2015 NOTICE OF APPEAL AND MOTION TO COMPEL PLAINTIFF TO OBTAIN COUNSEL FOR
01/26/2015 NOTICE OF APPEAL UNKNOWN PARTIES
01/21/2015 EFILED COST BOND ATTACHED WITH NOTICE OF FILING
01/20/2015 NOTICE OF FILING DEFENDANTS NOTICE OF FILING ORIGINAL TRANSCRIPT OF HEARING
01/20/2015 NOTICE OF FILING 12/18/14 BEFORE JUDGE HALE R STANCIL
01/20/2015 TRANSCRIPT OF HEARING TRANSCRIPT OF HEARING ON 12/18/14
01/17/2015 NOTICE OF FILING ORIGINAL TRANSCRIPT OF HEARING
01/17/2015 TRANSCRIPT OF HEARING ON 12/18/14 AT 10:00AM
01/16/2015 CORR/MEMO TO CLERKS OFFICE EMAIL FROM NEIL GILLESPIE WITH ATTACHMENTS
01/09/2015 EXHIBIT APPENDIX OF EXHIBITS JANUARY 9 2015
01/09/2015 NOTICE DEFENDANTS 20 DAYS NOTICE TO PLAINTIFF TO FILE NONRESIDENT
01/09/2015 NOTICE BOND
01/09/2015 MISC-SEE TEXT DESCRIPTION REGISTERED AGENT INFORMATION FOR REVERSE MORTGAGE SOLUTIONS
01/09/2015 MISC-SEE TEXT DESCRIPTION INC
01/08/2015 REQUEST RECORDS REQUEST FILED BY DEFENDANT NEIL GILLESPIE
01/08/2015 CORR/MEMO FROM CLERKS OFFICE TO NEIL GILLESPIE REGARDING HIS RECORDS REQUEST
01/08/2015 ASM: COPY FEE CA
01/07/2015 CORR/MEMO TO JUDGES OFFICE
01/07/2015 CASE MANAGEMENT ORDER ORDER FROM CASE MANAGEMENT CONFERENCE
12/29/2014 MAIL RETURNED BY POST OFFICE UNKNOWN SPOUSE OF ELIZABETH BAUERLE / ORDER DENYING
12/29/2014 MAIL RETURNED BY POST OFFICE DEFENDANTS MOTION DISQUALIFY HALE STANCIL
12/26/2014 CORRESPONDENCE OR MEMORANDUM FROM NEIL J GILLESPIE TO ARTHUR LEE BENTLEY III WITH
12/26/2014 CORRESPONDENCE OR MEMORANDUM ATTACHED NOTICE OF FILING AND EXHIBITS
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/26/2014 EXHIBIT
12/22/2014 ORDER DENYING MOTION ORDER DENYING DEFENDANTS MOTION DISQUALIFY HALE STANCIL
12/18/2014 MTN FOR RECUSAL/DISQUALIFICATN
12/17/2014 MOTION TO QUASH SERVICE OF PROCESS AND MOTION TO CANCEL CMC HEARING

https://www.myfloridacounty.com/ccm/do/docket?q1=PUekI0zIOB2kfxOL7vzX4g&q2=2300056f140763afe69863b06d8ef13a

ACTION DATE

TEXT

12/17/2014 MOTION TO QUASH DECEMBER 18 2014 ON PLAINTIFFS MOTION TO SET CASE


12/17/2014 MOTION TO QUASH MANAGEMENT CONFERENCE
12/14/2014 MOTION TO QUASH MOTION TO QUASH PLAINTIFFS NOTICE OF HEARING AND CANCEL
12/14/2014 MOTION TO QUASH CASE MANAGEMENT CONFERENCE FOR DECEMBER 18 2014
12/10/2014 NOTICE OF SUBMITTING ADA TITLE II ACCOMODATION REQUEST FORM
12/10/2014 NOTICE FLORIDA STATE COURTS SYSTEM AND WAIVER OF CONFIDENTIALITY
11/19/2014 NOTICE OF FILING NOTICE OF FILING CASE COMMUNICATION OF AUGUST 15 2014
11/18/2014 NOTICE OF FILING WITH ATTACHED INSPECTOR GENERAL COMPLAINT AND RESPONSE
11/18/2014 NOTICE OF HEARING HEARING DATE AND TIME
11/18/2014 NOTICE OF HEARING 12/18/14 AT 10:00 AM BEFORE JUDGE STANCIL
11/17/2014 OBJECTION TO HEARING WITH ATTACHED NOTICE OF FILING
11/12/2014 NOTICE OF APPEARANCE NOTICE OF CHANGE OF RESPONSIBLE ATTORNEY FOR PLAINTIFF AND
11/12/2014 NOTICE OF APPEARANCE DESIGNATION OF EMAIL ADDRESS FOR SERVICE OF PAPERS
08/12/2014 MOTION TO SET A CASE MANAGEMENT CONFERENCE
07/25/2014 MOTION TO STRIKE DEFENDANTS' RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS,
07/25/2014 MOTION TO STRIKE PLAINTIFF'S VERIFIED COMPLAINT TO FORECLOSURE HOME EQUITY
07/25/2014 MOTION TO STRIKE LOAN
12/04/2013 CORR/MEMO TO JUDGES OFFICE REGARDING DEFENDANTS MOTION TO WITHDRAW AS COUNSEL
12/04/2013 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS MARK GILLESPIE,
12/04/2013 ORDER GRANTING MOTION JOETTA GILLESPIE AKA UNKNOW SPOUSE OF MARK GILLESPIE AND
12/04/2013 ORDER GRANTING MOTION ELIZABETH BAUERLE
11/27/2013 CORR/MEMO TO JUDGES OFFICE
11/04/2013 NOTICE OF HEARING SET FOR 11/25/13 AT 9:30 AM, 2A ON MOTION TO WITHDRAW
10/28/2013 MOTION TO WITHDRAW AS COUNSEL
08/15/2013 SUMMONS RETURNED SERVED IND SERVE MARK GILLESPIE ON 7/11/13
08/15/2013 SUMMONS RETURNED SERVED SUB SERVE ONH 7/12/13 FOR UNKNOWN SPOUSE OF MARK GILLESPIE
08/15/2013 SUMMONS RETURNED SERVED NKA JOETTA GILLESPIE
08/15/2013 SUMMONS RETURNED SERVED IND SERVE 7/12/13 ON ELIZABETH BAUERLE
08/15/2013 SUMMONS RETURNED NOT SERVED NON SERVE 7/12/13 FOR UNKNOWN SPOUSE OF ELIZABETH BAUERLE
07/08/2013 CONSENT CONSENT TO JUDGMENT
07/03/2013 NOTICE OF FILING REGARDING PREVIOUSLY FILED MOTION TO RECONSIDER, VACATE,
07/03/2013 NOTICE OF FILING OR MODIFY ORDER FROM PRO SE DEFENDANT NEIL J GILLESPIE
06/26/2013 COPY OF:(SEE TEXT DESCRIPTION) DEFENDANTS MOTION TO QUASH SERVICE OF PROCESS
06/26/2013 AGREED ORDER AGREED ORDER ON DEFENDANTS MOTION TO QUASH SERVICE OF
06/26/2013 AGREED ORDER PROCESS GRANTED
06/25/2013 ASM: ISSUE SUMMONS-CA
06/25/2013 ASM: ISSUE SUMMONS-CA
06/25/2013 ASM: ISSUE SUMMONS-CA
06/25/2013 ASM: ISSUE SUMMONS-CA
06/25/2013 ALIAS SUMMONS ISSUED UNKNOWN SPOUSE OF MARK GILLESPIE N/K/A JOETTA GILLESPIE,
06/25/2013 ALIAS SUMMONS ISSUED UNKNOWN SPOUSE OF ELIZABETH BAUERLE, MARK GILLESPIE,
06/25/2013 ALIAS SUMMONS ISSUED ELIZABETH BAUERLE
06/24/2013 EFILED SUMMONS ALIAS SUMMONS TO DEFENDANT UNKNOWN SPOUSE OF MARK GILLESPIE
06/24/2013 EFILED SUMMONS N/K/A JOETTA GILLESPIE
06/24/2013 EFILED SUMMONS ALIAS SUMMONS TO DEFENDANT UNKNOWN SPOUSE OF ELIZABETH
06/24/2013 EFILED SUMMONS BAUERLE
06/24/2013 EFILED SUMMONS ALIAS SUMMONS TO DEFENDANT MARK GILLESPIE
06/24/2013 EFILED SUMMONS ALIAS SUMMONS TO DEFENDANT ELIZABETH BAUERLE
06/19/2013 EFILED MOTION FOR DEFAULT AGAINST OAK RUN HOMEOWNERS ASSOCIATION INC
06/19/2013 NOTICE OF DROPPING PARTY UNKNOWN SPOUSE OF NEIL J GILLESPIE
06/19/2013 DEFAULT ENTERED ENTERED OAK RUN HOMEOWNERS ASSOCIATION, INC. AND
06/19/2013 DEFAULT ENTERED DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA
04/22/2013 NOTICE OF APPEAL TRANSMITTAL
04/10/2013 NOTICE OF FILING PRO SE DEFT, NEIL J GILLESPIE'S NOTICE OF FILING ATTACHED
04/10/2013 NOTICE OF FILING COPY OF NOTICE OF APPEAL; RULE 59(E) MOTION TO ALTER OR
04/10/2013 NOTICE OF FILING AMEND A JUDGMENT AND MOTIONTO DISQUALIFY THE HON. WM.

https://www.myfloridacounty.com/ccm/do/docket?q1=PUekI0zIOB2kfxOL7vzX4g&q2=2300056f140763afe69863b06d8ef13a

ACTION DATE

TEXT

04/10/2013 NOTICE OF FILING TERRELL HODGES; AND AFFIDAVIT OF NEIL J GILLESPIE


03/12/2013 ORDER ORDER REMANDING CASE
02/25/2013 SUMMONS RETURNED SERVED NEIL J GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEE OF THE
02/25/2013 SUMMONS RETURNED SERVED GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10,
02/25/2013 SUMMONS RETURNED SERVED 1992
02/25/2013 SUMMONS RETURNED SERVED SERVED NEIL J GILLESPIE ON 1/12/13
02/25/2013 SUMMONS RETURNED SERVED NEIL J GILLESPIE 1/12/13
02/25/2013 SUMMONS RETURNED SERVED MARK GILLESPIE 1/15/13
02/25/2013 SUMMONS RETURNED SERVED UNKNOWN SPOUSE OF MARK GILLESPIE NKA JOETTA GILLESPIE
02/25/2013 SUMMONS RETURNED SERVED SERVED MARK GILLESPIE 1/15/13
02/25/2013 SUMMONS RETURNED SERVED OAK RUN HOMEOWNERS ASSOCIATION INC
02/25/2013 SUMMONS RETURNED SERVED SERVED ROBERT STERMER 1/14/13
02/25/2013 SUMMONS RETURNED SERVED UNITED STATES OF AMERICA ON BEHALF OF THE SECRETARY OF
02/25/2013 SUMMONS RETURNED SERVED HOUSING AND URBAN DEVELOPMENT
02/25/2013 SUMMONS RETURNED SERVED SERVED LAURIE ANN POTTER 1/14/13
02/25/2013 SUMMONS RETURNED SERVED DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA
02/25/2013 SUMMONS RETURNED SERVED SERVED MARY CAZZARA 1/17/13
02/25/2013 SUMMONS RETURNED NOT SERVED UNKNOWN SPOUSE OF NEIL J GILLESPIE
02/25/2013 SUMMONS RETURNED NOT SERVED ELIZABETH BAUERLE
02/25/2013 SUMMONS RETURNED NOT SERVED UNKNOWN SPOUSE OF ELIZABETH BAUERLE
02/25/2013 SUMMONS RETURNED NOT SERVED UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY
02/25/2013 SUMMONS RETURNED NOT SERVED LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997
02/12/2013 AFFIDAVIT OF DILIGENT SEARCH AS TO ELIZABETH BAUERLE
02/12/2013 AFFIDAVIT OF DILIGENT SEARCH AS TO UNKNOWN SPOUSE OF ELIZABETH BAUERLE
02/12/2013 AFFIDAVIT OF DILIGENT SEARCH AS TO UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE
02/12/2013 AFFIDAVIT OF DILIGENT SEARCH FAMILY TRUST
02/11/2013 CORR/MEMO TO CLERKS OFFICE
02/11/2013 DISCLAIMER BY DEFT, THE UNITED STATES OF AMERICA'S DISCLAIMER AND
02/11/2013 DISCLAIMER BY DESIGNATION OF EMAIL ADDRESSES
02/07/2013 NOTICE OF FILING PRO SE DEFT, NEIL J GILLESPIE'S NOTICE OF FILING NOTICE
02/07/2013 NOTICE OF FILING OF HOMESTEAD OF NEIL J GILLESPIE
02/04/2013 NOTICE OF FILING PRO SE DEFT, NEIL J GILLESPIE'S NOTICE OF FILING ATTACHED
02/04/2013 NOTICE OF FILING AGREEMENT WITH PLTF'S COUNSEL TO EXTEND TIME TO RESPOND
02/04/2013 NOTICE OF FILING TO THIS LAWSUIT UNTIL FEBRUARY 4, 2013
02/04/2013 MOTION TO DISMISS PRO SE DEFT, NEIL J GILLESPIE'S MOTION TO DISMISS
02/04/2013 MOTION TO DISMISS VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY CONVERSION
02/04/2013 MOTION TO DISMISS MORTGAGE
02/04/2013 DESIGNATION OF EMAIL ADDRESS FILED BY PRO SE DEFT, NEIL J GILLESPIE
02/04/2013 NOTICE OF REMOVAL PRO SE DEFT, NEIL J GILLESPIE'S NOTICE OF FILING NOTICE
02/04/2013 NOTICE OF REMOVAL OF REMOVAL
02/01/2013 MOTION TO QUASH SERVICE OF PROCESS
02/01/2013 MOTION TO QUASH **EFILED DOCUMENT**
02/01/2013 DESIGNATION OF EMAIL ADDRESS AND NOTICE OF APPEARANCE
02/01/2013 DESIGNATION OF EMAIL ADDRESS TIFFANY CAPARAS ESQ FOR DEFTS
02/01/2013 DESIGNATION OF EMAIL ADDRESS **EFILED DOCUMENT**
01/09/2013 ASM: ADDITIONAL PERSONS FF CA
01/09/2013 DESIGNATION OF EMAIL ADDRESS [email protected]
01/09/2013 NOTICE OF REFUND TO MCCALLA RAYMER
01/09/2013 NOTICE OF REFUND 225 EAST ROBINSON STREET STE 660
01/09/2013 NOTICE OF REFUND ORLANDO FL 32801
01/09/2013 ASM: ISSUE SUMMONS-CA
01/09/2013 CIVIL COVER SHEET
01/09/2013 RPF VALUE CLAIM FORM
01/09/2013 ASM: REFUND TO PAYOR
01/09/2013 ASM: RPF $50K-$250K
01/09/2013 SUMMONS ISSUED NEIL J GILLESPIE AND MARK GILLESPIE AS CO TRUSTEES OF THE

https://www.myfloridacounty.com/ccm/do/docket?q1=PUekI0zIOB2kfxOL7vzX4g&q2=2300056f140763afe69863b06d8ef13a

ACTION DATE

TEXT

01/09/2013 SUMMONS ISSUED GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY
01/09/2013 SUMMONS ISSUED 10 1997, OAK RUN HOMEOWNERS ASSOCIATION INC, UNITED STATES
01/09/2013 SUMMONS ISSUED OF AMERICA ON BEHALF OF THE SECRETARY OF HOUSING AND
01/09/2013 SUMMONS ISSUED URBAN DEVELOPMENT, ELIZABETH BAUERLE, MARK GILLESPIE,
01/09/2013 SUMMONS ISSUED NEIL J GILLESPIE, DEVELOPMENT & CONSTRUCTION CORPORATION OF
01/09/2013 SUMMONS ISSUED AMERICA, UNKNOWN SPOUSE OF ELIZABETH BAUERLE, UNKNOWN
01/09/2013 SUMMONS ISSUED SPOUSE OF MARK GILLESPIE, UNKNOWN SPOUSE OF NEIL J
01/09/2013 SUMMONS ISSUED GILLESPIE, UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE
01/09/2013 SUMMONS ISSUED FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10 1997.
01/09/2013 NOTICE OF LIS PENDENS
01/09/2013 MORTGAGE FORECLOSURE COMPLAINT
01/09/2013 ASM: CLERK FEE TO ESCROW ACCT
01/09/2013 PETITION/COMPLAINT NO DOC#

Marion County Clerk of the Circuit Court

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Case Information
Case Number:42-2013-CA-000115-AXXX-XX
File Date:01/09/2013
Judge:HALE R STANCIL

Plaintiff :

REVERSE MORTGAGE SOLUTIONS INC


Attorney: WILSON CURTIS A
GILLESPIE NEIL J
TRUSTEE : AND MARK GILLESPIE AS CO TRUSTEES OF THE GILLESPIE

Defendant :

Date
12/14/2014

12/10/2014

11/19/2014
11/18/2014

11/18/2014
11/17/2014
11/12/2014

08/12/2014
07/25/2014

12/04/2013
12/04/2013
11/27/2013
11/04/2013

OAK RUN HOMEOWNERS ASSOCIATION INC


UNITED STATES OF AMERICA
BAUERLE ELIZABETH
GILLESPIE MARK
Attorney: CAPARAS TIFFANY
GILLESPIE NEIL J
DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA
GILLESPIE JOETTA

Event

Dockets
Count

Party

MOTION TO QUASH
GILLESPIE NEIL J
MOTION TO QUASH PLAINTIFFS NOTICE OF HEARING AND CANCEL
CASE MANAGEMENT CONFERENCE FOR DECEMBER 18 2014
NOTICE
GILLESPIE NEIL J
OF SUBMITTING ADA TITLE II ACCOMODATION REQUEST FORM
FLORIDA STATE COURTS SYSTEM AND WAIVER OF CONFIDENTIALITY
NOTICE OF FILING
GILLESPIE NEIL J
NOTICE OF FILING CASE COMMUNICATION OF AUGUST 15 2014
NOTICE OF HEARING
REVERSE MORTGAGE SOLUTIONS INC
HEARING DATE AND TIME
12/18/14 AT 10:00 AM BEFORE JUDGE STANCIL
NOTICE OF FILING
GILLESPIE NEIL J
WITH ATTACHED INSPECTOR GENERAL COMPLAINT AND RESPONSE
OBJECTION TO
GILLESPIE NEIL J
HEARING WITH ATTACHED NOTICE OF FILING
NOTICE OF APPEARANCE
REVERSE MORTGAGE SOLUTIONS INC
NOTICE OF CHANGE OF RESPONSIBLE ATTORNEY FOR PLAINTIFF AND
DESIGNATION OF EMAIL ADDRESS FOR SERVICE OF PAPERS
MOTION
REVERSE MORTGAGE SOLUTIONS INC
TO SET A CASE MANAGEMENT CONFERENCE
MOTION TO STRIKE
GILLESPIE NEIL J
DEFENDANTS' RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS,
PLAINTIFF'S VERIFIED COMPLAINT TO FORECLOSURE HOME EQUITY
LOAN
ORDER GRANTING MOTION
GILLESPIE NEIL J
GRANTING DEFTS' COUNSEL'S MOTION TO WITHDRAW
CORR/MEMO TO JUDGES OFFICE
GILLESPIE NEIL J
CORR/MEMO TO JUDGES OFFICE
GILLESPIE NEIL J
NOTICE OF HEARING
GILLESPIE NEIL J
SET FOR 11/25/13 AT 9:30 AM, 2A ON MOTION TO WITHDRAW

http://casesearch.marioncountyclerk.org/inde...ase_id=1583983&CFID=2466003&CFTOKEN=30671695 (1 of 4) [12/18/2014 11:32:13 PM]

Amount
$0.00

$0.00

$0.00
$0.00

$0.00
$0.00
$0.00

$0.00
$0.00

$0.00
$0.00
$0.00
$0.00

12

Marion County Clerk of the Circuit Court

10/28/2013
08/15/2013
08/15/2013
08/15/2013

08/15/2013
07/08/2013
07/03/2013

06/26/2013

06/26/2013
06/25/2013

06/25/2013
06/25/2013
06/25/2013
06/25/2013
06/24/2013
06/24/2013
06/24/2013

06/24/2013

06/19/2013

06/19/2013
06/19/2013
04/22/2013
04/10/2013

03/12/2013
02/25/2013

02/25/2013

02/25/2013

02/25/2013

MOTION TO WITHDRAW AS COUNSEL


SUMMONS RETURNED NOT SERVED
NON SERVE 7/12/13 FOR UNKNOWN SPOUSE OF ELIZABETH BAUERLE
SUMMONS RETURNED SERVED
IND SERVE 7/12/13 ON ELIZABETH BAUERLE
SUMMONS RETURNED SERVED
SUB SERVE ONH 7/12/13 FOR UNKNOWN SPOUSE OF MARK GILLESPIE
NKA JOETTA GILLESPIE
SUMMONS RETURNED SERVED
IND SERVE MARK GILLESPIE ON 7/11/13
CONSENT
GILLESPIE MARK
CONSENT TO JUDGMENT
NOTICE OF FILING
GILLESPIE NEIL J
REGARDING PREVIOUSLY FILED MOTION TO RECONSIDER, VACATE,
OR MODIFY ORDER FROM PRO SE DEFENDANT NEIL J GILLESPIE
AGREED ORDER
AGREED ORDER ON DEFENDANTS MOTION TO QUASH SERVICE OF
PROCESS GRANTED
COPY OF:(SEE TEXT DESCRIPTION)
DEFENDANTS MOTION TO QUASH SERVICE OF PROCESS
ALIAS SUMMONS ISSUED
UNKNOWN SPOUSE OF MARK GILLESPIE N/K/A JOETTA GILLESPIE,
UNKNOWN SPOUSE OF ELIZABETH BAUERLE, MARK GILLESPIE,
ELIZABETH BAUERLE
ASM: ISSUE SUMMONS-CA
REVERSE MORTGAGE SOLUTIONS INC
ASM: ISSUE SUMMONS-CA
REVERSE MORTGAGE SOLUTIONS INC
ASM: ISSUE SUMMONS-CA
REVERSE MORTGAGE SOLUTIONS INC
ASM: ISSUE SUMMONS-CA
REVERSE MORTGAGE SOLUTIONS INC
EFILED SUMMONS
REVERSE MORTGAGE SOLUTIONS INC
ALIAS SUMMONS TO DEFENDANT ELIZABETH BAUERLE
EFILED SUMMONS
REVERSE MORTGAGE SOLUTIONS INC
ALIAS SUMMONS TO DEFENDANT MARK GILLESPIE
EFILED SUMMONS
REVERSE MORTGAGE SOLUTIONS INC
ALIAS SUMMONS TO DEFENDANT UNKNOWN SPOUSE OF ELIZABETH
BAUERLE
EFILED SUMMONS
REVERSE MORTGAGE SOLUTIONS INC
ALIAS SUMMONS TO DEFENDANT UNKNOWN SPOUSE OF MARK GILLESPIE
N/K/A JOETTA GILLESPIE
DEFAULT ENTERED
REVERSE MORTGAGE SOLUTIONS INC
ENTERED OAK RUN HOMEOWNERS ASSOCIATION, INC. AND
DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA
EFILED MOTION FOR DEFAULT
REVERSE MORTGAGE SOLUTIONS INC
AGAINST OAK RUN HOMEOWNERS ASSOCIATION INC
NOTICE OF DROPPING PARTY
REVERSE MORTGAGE SOLUTIONS INC
UNKNOWN SPOUSE OF NEIL J GILLESPIE
NOTICE OF APPEAL TRANSMITTAL
NOTICE OF FILING
GILLESPIE NEIL J
PRO SE DEFT, NEIL J GILLESPIE'S NOTICE OF FILING ATTACHED
COPY OF NOTICE OF APPEAL; RULE 59(E) MOTION TO ALTER OR
AMEND A JUDGMENT AND MOTIONTO DISQUALIFY THE HON. WM.
TERRELL HODGES; AND AFFIDAVIT OF NEIL J GILLESPIE
ORDER
ORDER REMANDING CASE
SUMMONS RETURNED SERVED
DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA
SERVED MARY CAZZARA 1/17/13
SUMMONS RETURNED SERVED
UNITED STATES OF AMERICA ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT
SERVED LAURIE ANN POTTER 1/14/13
SUMMONS RETURNED SERVED
OAK RUN HOMEOWNERS ASSOCIATION INC
SERVED ROBERT STERMER 1/14/13
SUMMONS RETURNED NOT SERVED

http://casesearch.marioncountyclerk.org/inde...ase_id=1583983&CFID=2466003&CFTOKEN=30671695 (2 of 4) [12/18/2014 11:32:13 PM]

$0.00
$0.00
$0.00
$0.00

$0.00
$0.00
$0.00

$0.00

$0.00
$0.00

$10.00
$10.00
$10.00
$10.00
$0.00
$0.00
$0.00

$0.00

$0.00

$0.00
$0.00
$0.00
$0.00

$0.00
$0.00

$0.00

$0.00

$0.00

Marion County Clerk of the Circuit Court

02/25/2013

02/25/2013
02/25/2013
02/25/2013
02/25/2013
02/25/2013
02/25/2013

02/12/2013

02/12/2013
02/12/2013
02/11/2013

02/11/2013
02/07/2013

02/04/2013
02/04/2013

02/04/2013

02/04/2013

02/01/2013

02/01/2013

01/09/2013
01/09/2013

UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY


LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997
SUMMONS RETURNED SERVED
UNKNOWN SPOUSE OF MARK GILLESPIE NKA JOETTA GILLESPIE
SERVED MARK GILLESPIE 1/15/13
SUMMONS RETURNED SERVED
MARK GILLESPIE 1/15/13
SUMMONS RETURNED NOT SERVED
UNKNOWN SPOUSE OF ELIZABETH BAUERLE
SUMMONS RETURNED NOT SERVED
ELIZABETH BAUERLE
SUMMONS RETURNED NOT SERVED
UNKNOWN SPOUSE OF NEIL J GILLESPIE
SUMMONS RETURNED SERVED
NEIL J GILLESPIE 1/12/13
SUMMONS RETURNED SERVED
NEIL J GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEE OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10,
1992
SERVED NEIL J GILLESPIE ON 1/12/13
AFFIDAVIT OF DILIGENT SEARCH
AS TO UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE
FAMILY TRUST
AFFIDAVIT OF DILIGENT SEARCH
AS TO UNKNOWN SPOUSE OF ELIZABETH BAUERLE
AFFIDAVIT OF DILIGENT SEARCH
AS TO ELIZABETH BAUERLE
DISCLAIMER BY
UNITED STATES OF AMERICA
DEFT, THE UNITED STATES OF AMERICA'S DISCLAIMER AND
DESIGNATION OF EMAIL ADDRESSES
CORR/MEMO TO CLERKS OFFICE
UNITED STATES OF AMERICA
NOTICE OF FILING
GILLESPIE NEIL J
PRO SE DEFT, NEIL J GILLESPIE'S NOTICE OF FILING NOTICE
OF HOMESTEAD OF NEIL J GILLESPIE
DESIGNATION OF EMAIL ADDRESS
GILLESPIE NEIL J
FILED BY PRO SE DEFT, NEIL J GILLESPIE
NOTICE OF REMOVAL
GILLESPIE NEIL J
PRO SE DEFT, NEIL J GILLESPIE'S NOTICE OF FILING NOTICE
OF REMOVAL
MOTION TO DISMISS
GILLESPIE NEIL J
PRO SE DEFT, NEIL J GILLESPIE'S MOTION TO DISMISS
VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY CONVERSION
MORTGAGE
NOTICE OF FILING
GILLESPIE NEIL J
PRO SE DEFT, NEIL J GILLESPIE'S NOTICE OF FILING ATTACHED
AGREEMENT WITH PLTF'S COUNSEL TO EXTEND TIME TO RESPOND
TO THIS LAWSUIT UNTIL FEBRUARY 4, 2013
MOTION TO QUASH
GILLESPIE MARK
SERVICE OF PROCESS
**EFILED DOCUMENT**
DESIGNATION OF EMAIL ADDRESS
GILLESPIE MARK
AND NOTICE OF APPEARANCE
TIFFANY CAPARAS ESQ FOR DEFTS
**EFILED DOCUMENT**
NOTICE OF LIS PENDENS
REVERSE MORTGAGE SOLUTIONS INC
SUMMONS ISSUED
NEIL J GILLESPIE AND MARK GILLESPIE AS CO TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY
10 1997, OAK RUN HOMEOWNERS ASSOCIATION INC, UNITED STATES
OF AMERICA ON BEHALF OF THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT, ELIZABETH BAUERLE, MARK GILLESPIE,
NEIL J GILLESPIE, DEVELOPMENT & CONSTRUCTION CORPORATION OF
AMERICA, UNKNOWN SPOUSE OF ELIZABETH BAUERLE, UNKNOWN
SPOUSE OF MARK GILLESPIE, UNKNOWN SPOUSE OF NEIL J

http://casesearch.marioncountyclerk.org/inde...ase_id=1583983&CFID=2466003&CFTOKEN=30671695 (3 of 4) [12/18/2014 11:32:13 PM]

$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$0.00

$0.00
$0.00
$0.00

$0.00
$0.00

$0.00
$0.00

$0.00

$0.00

$0.00

$0.00

$0.00
$0.00

Marion County Clerk of the Circuit Court

01/09/2013

01/09/2013
01/09/2013
01/09/2013
01/09/2013
01/09/2013
01/09/2013
01/09/2013
01/09/2013
01/09/2013
01/09/2013

GILLESPIE, UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE


FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10 1997.
NOTICE OF REFUND
REVERSE MORTGAGE SOLUTIONS INC
TO MCCALLA RAYMER
225 EAST ROBINSON STREET STE 660
ORLANDO FL 32801
DESIGNATION OF EMAIL ADDRESS
REVERSE MORTGAGE SOLUTIONS INC
[email protected]
RPF VALUE CLAIM FORM
REVERSE MORTGAGE SOLUTIONS INC
MORTGAGE FORECLOSURE COMPLAINT
REVERSE MORTGAGE SOLUTIONS INC
CIVIL COVER SHEET
REVERSE MORTGAGE SOLUTIONS INC
PETITION/COMPLAINT NO DOC#
ASM: ADDITIONAL PERSONS FF CA
REVERSE MORTGAGE SOLUTIONS INC
ASM: REFUND TO PAYOR
REVERSE MORTGAGE SOLUTIONS INC
ASM: CLERK FEE TO ESCROW ACCT
REVERSE MORTGAGE SOLUTIONS INC
ASM: ISSUE SUMMONS-CA
REVERSE MORTGAGE SOLUTIONS INC
ASM: RPF $50K-$250K
REVERSE MORTGAGE SOLUTIONS INC

$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$27.50
$12.00
$13.00
$120.00
$905.00

Payments
Date
01/09/2013
01/09/2013
01/09/2013
01/09/2013
01/09/2013
06/25/2013
06/25/2013
06/25/2013
06/25/2013

Receipt #
V-103560
V-103560
V-103560
V-103560
V-103560
V-109423
V-109423
V-109423
V-109423

Event
PAY: RPF $50K-$250K
PAY: ISSUE SUMMONS-CA
PAY: CLERK FEE TO ESCROW ACCT
PAY: REFUND TO PAYOR
FF: ADDITIONAL PERSONS FF CA
PAY: ISSUE SUMMONS-CA
PAY: ISSUE SUMMONS-CA
PAY: ISSUE SUMMONS-CA
PAY: ISSUE SUMMONS-CA

Party
REVERSE MORTGAGE SOLUTIONS INC
REVERSE MORTGAGE SOLUTIONS INC
REVERSE MORTGAGE SOLUTIONS INC
REVERSE MORTGAGE SOLUTIONS INC
REVERSE MORTGAGE SOLUTIONS INC
REVERSE MORTGAGE SOLUTIONS INC
REVERSE MORTGAGE SOLUTIONS INC
REVERSE MORTGAGE SOLUTIONS INC
REVERSE MORTGAGE SOLUTIONS INC

* bold records have been voided

www.MarionCountyClerk.org

http://casesearch.marioncountyclerk.org/inde...ase_id=1583983&CFID=2466003&CFTOKEN=30671695 (4 of 4) [12/18/2014 11:32:13 PM]

Amount
$905.00
$120.00
$13.00
$12.00
$27.50
$10.00
$10.00
$10.00
$10.00

Filing # 22991549 E-Filed 01/26/2015 11:55:00 PM

REVERSE MORTGAGE SOLUTIONS, INC.,

IN THE CIRCUIT COURT OF THE


FIFTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR MARION COUNTY
CASE NO.: 2013-CA-000115
42-2013-CA-000115-AXXX-XX

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
________________________________________/
DEFENDANTS NOTICE OF APPEAL, MOTION TO STAY PENDING APPEAL, AND
MOTION TO COMPEL PLAINTIFF TO OBTAIN COUNSEL FOR UNKNOWN PARTIES
Defendants Neil J. Gillespie, individually, and as trustee per F.S. Ch. 736 Part III, a
person with disabilities, henceforth in the first person, give notice of appeal the Order from Case
Management Conference, moves the Court to stay the proceedings pending the appeal, and
moves the Court to compel the Plaintiff to obtain counsel for unknown parties, and states:
1.

I give notice of appeal to the Fifth District Court of Appeals, or the Florida Supreme

Court on Petition For Writ of Prohibition, the ORDER FROM CASE MANAGEMENT
CONFERENCE entered by Judge Hale R. Stancil of this Court January 6, 2015. A copy of the
ORDER signed by Judge Stancil appears at Exhibit 1.
2.

The ORDER FROM CASE MANAGEMENT CONFERENCE (Exhibit 1) signed by

Judge Stancil January 6, 2015, shows it was docketed on January 7, 2015, but not mailed until
January 9, 2015, according to a stamp on last page of the Service List.
3.

The Service List to the ORDER FROM CASE MANAGEMENT CONFERENCE

(Exhibit 1) signed by Judge Stancil January 6, 2015, shows two unknown parties:
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement
dated February 10, 1997; and Unknown spouse of Elizabeth Bauerle.

13

DEFENDANTS NOTICE OF APPEAL, MOTION TO STAY PENDING APPEAL, AND


MOTION TO COMPEL PLAINTIFF TO OBTAIN COUNSEL FOR UNKNOWN PARTIES

4.

Jan-26-2015

Judge Stancil knows the address is bad for the Unknown spouse of Elizabeth Bauerle,

because mail was returned to him Return to Sender, Not Deliverable As Addressed, Unable to
Forward as addressed to the Unknown spouse of Elizabeth Bauerle, 6356 SW 106th Place,
Ocala, FL 34476, and docketed with the Court December 29, 2014, and appears at Exhibit 2.
RETURN TO SENDER
NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
This was the Order Denying Defendants Motion to Disqualify Hale Stancil, December 18, 2014.
5.

Judge Stancil again sent mail addressed to the Unknown spouse of Elizabeth Bauerle,

6356 SW 106th Place, Ocala, FL 34476 as shown on the Service List to the ORDER FROM
CASE MANAGEMENT CONFERENCE (Exhibit 1) signed by Judge Stancil January 6, 2015.
6.

An Affidavit of Diligent Search and Inquiry filed February 12, 2013 (Exhibit 3) with the

Clerk shows the Unknown spouse of Elizabeth Bauerle could not be found, and was not served.
7.

On information and belief, the Plaintiff had a duty to follow the procedure for

constructive service of process for the Unknown spouse of Elizabeth Bauerle, and move the
Court ex parte for appointment of a representative for unknown parties. Judge Stancil stated in
open court December 18, 2014 that only a lawyer can represent a trust, but no lawyer was
appointed to represent the Unknown spouse of Elizabeth Bauerle.
8.

Affidavits of Diligent Search and Inquiry filed February 12, 2013 (Exhibits 4 & 5) with

the Clerk shows UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY


LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997 could not be found, and were
not served. The two Affidavits of Diligent Search and Inquiry are almost identical, except on
page 1 the Social Security number appears as XXX-XX-XXXX (Exhibit 4) and is redacted by a
black box in Exhibit 5.
2

DEFENDANTS NOTICE OF APPEAL, MOTION TO STAY PENDING APPEAL, AND


MOTION TO COMPEL PLAINTIFF TO OBTAIN COUNSEL FOR UNKNOWN PARTIES

9.

Jan-26-2015

On information and belief, the Plaintiff had a duty to follow the procedure for

constructive service of process for the UNKNOWN SETTLORS/BENEFICIARIES OF THE


GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997.
10.

In another case filed by the Plaintiff Reverse Mortgage Solutions, Inc., case no 42-2009-

CA-005083-AXXX-XX, the Clerk filed a Notice of Action for service by publication October
29, 2009 for UNKNOWN BENEFICIARIES OF THE ESTATE OF ANTHONY DE
ROBERTIS, a copy of which appears at Exhibit 6.
11.

The Plaintiff Bank of America filed an Affidavit of Constructive service by publication

October 29, 2009 for UNKNOWN BENEFICIARIES OF THE ESTATE OF ANTHONY DE


ROBERTIS, a copy of which appears at Exhibit 7.
12.

NOTE: The Plaintiff Reverse Mortgage Solutions, Inc. and the Plaintiff Bank of

America, N.A. appear to be used interchangeably in case no 42-2009-CA-005083-AXXX-XX.


On information and belief, the Plaintiffs are one in the same in 42-2009-CA-005083-AXXX-XX.
13.

The Plaintiff Bank of America, NA, filed EX-PARTE MOTION FOR APPOINTMENT

OF GUARDIAN, ADMINISTRATOR AND ATTORNEY AD LITEM by and through counsel


Ben-Ezra & Katz. P.A. June 1, 2010 for UNKNOWN BENEFICIARIES OF THE ESTATE OF
ANTHONY DE ROBERTIS. The motion appears at Exhibit 8.
14.

The Court entered ORDER APPOINTING GUARDIAN AD LITEM (Exhibit 9) June 21,

2010 for UNKNOWN BENEFICIARIES OF THE ESTATE OF ANTHONY DE ROBERTIS:


UPON Ex-Parte Motion of the Plaintiff for appointment of a Guardian Ad Litem, it is
ORDERED AND ADJUDGED that SHARON RUTH, Esq., is hereby appointed in
this action Guardian Ad Litem for and to represent the interests of UNKNOWN
BENEFICIARIES OF THE ESTATE OF ANTHONY DEROBERTIS, DECEASED and
all unknown parties having or claiming to have any right, title, or interest in the property
which is the subject matter of this action; and it is further.

DEFENDANTS NOTICE OF APPEAL, MOTION TO STAY PENDING APPEAL, AND


MOTION TO COMPEL PLAINTIFF TO OBTAIN COUNSEL FOR UNKNOWN PARTIES

15.

Jan-26-2015

On information and belief, the Plaintiff should have sought appointment of Guardian Ad

Litem for UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING


TRUST AGREEMENT DATED FEBRUARY 10, 1997, who had no representation December
18, 2014 before Judge Hale Stancil. Likewise, the Unknown spouse of Elizabeth Bauerle was not
represented. A third unknown party, UNKNOWN TRUSTEES, SETTLERS AND
BENEFICIARIES OF UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997 was not served at all.
16.

On information and belief, the appointed Guardian Ad Litem for UNKNOWN

SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST


AGREEMENT DATED FEBRUARY 10, 1997, could have also represented me as Trustee
under section 736.0305(1) Florida Statutes.
17.

On information and belief, the ORDER FROM CASE MANAGEMENT CONFERENCE

(Exhibit 1) signed by Judge Stancil January 6, 2015, and mailed January 9, 2015, is subject to
RULE 2.514. COMPUTING AND EXTENDING TIME
(b) Additional Time after Service by Mail or E-mail. When a party may or must act
within a specified time after service and service is made by mail or e-mail, 5 days are
added after the period that would otherwise expire under subdivision (a).
of the Florida Rules of Judicial Administration.
18.

Because of the foregoing, the Court should stay the proceedings during pendency of the

appeal, and resolution of appointment of a Guardian Ad Litem for UNKNOWN


SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997.
19.

On information and belief, the Plaintiff must follow the procedure for appointment of a

Guardian Ad Litem for UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE


FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997.
4

DEFENDANTS NOTICE OF APPEAL, MOTION TO STAY PENDING APPEAL, AND


MOTION TO COMPEL PLAINTIFF TO OBTAIN COUNSEL FOR UNKNOWN PARTIES

20.

Jan-26-2015

On information and belief, the Court must appoint a Guardian Ad Litem for UNKNOWN

SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST


AGREEMENT DATED FEBRUARY 10, 1997.
Wherefore, I give notice of appeal, move to stay the proceedings, and move the Court to
Compel the Plaintiff to follow the procedure for appointment of a Guardian Ad Litem, which
thereupon the Court must appoint a Guardian Ad Litem (attorney).
RESPECTFULLY SUBMITTED January 26, 2015.

Neil J. Gillespie, individually, and as trustee, F.S. Ch. 736 Part III
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: [email protected]

Certificate of Service
January 26, 2015
I Hereby Certify that I provided copy of DEFENDANTS NOTICE OF APPEAL,
MOTION TO STAY PENDING APPEAL, AND MOTION TO COMPEL PLAINTIFF TO
OBTAIN COUNSEL FOR UNKNOWN PARTIES through the Florida E-Filing Portal to names
on the service list.
Mr. Curtis Wilson, Esq.
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: [email protected]

Oak Run Homeowners Association, Inc.


Registered Agent Paul Pike
11665 SW 72ND CIRCLE
OCALA, FL 34476
c/o ORHA Boad
Email: [email protected]

Ms. Colleen Murphy Davis, AUSA


400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: [email protected]
[email protected]
[email protected]
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: [email protected]

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: [email protected]
Email: [email protected]
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Email: [email protected]

Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: [email protected]

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


7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: [email protected]
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: [email protected]

Defendants Notice of Filing Original Transcript Of Hearing


December 18, 2014 before Judge Hale R. Stancil
Elizabeth Bauerle n/k/a Elizabeth Bidwood
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Email: [email protected]

January 17, 2015

Unknown spouse of Elizabeth Bauerle


6356 SW 106th Place
Ocala, FL 34476
Email: [email protected]

NOTE: Plaintiffs Counsel,


Danielle Nicole Parsons (FL Bar ID 29364),
Curtis Allen Wislon (FL Bar ID 77669), and,
McCalla Raymer, LLC, a Foreign Limited Liability Company (Georgia)
(collectively McCalla Raymer)
failed to follow the procedure for constructive service of process for Unknown Settlors
/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10, 1997, and
other unknown parties, and failed to move the Court for appointment of a representative for
unknown parties. Judge Stancil stated in open court December 18, 2014 that only a lawyer can
represent a trust, but no lawyer was appointed to represent the unknown parties, or other parties.
RESPECTFULLY SUBMITTED January 26, 2015.

NEIL J. GILLESPIE, individually, and as trustee, F.S. Ch. 736 Part III
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: [email protected]

IN THE CIRCUIT COURT OF THE FIFTH


JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
.

REVERSE MORTGAGE SOLUTIONS,


INC.,

CASE NO.42-2013-CA-000115-AXXX-X
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Plaintiff,
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.

1
3668863

`
z

12-02121-2

SERVICE LIST
MCCALLA RAYMER, LLC
225 E. ROBINSON ST. SUITE 660
ORLANDO, FL 32801
Oak Run Homeowners Association, Inc.
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
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
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
[email protected]
[email protected]

3668863

12-02121-2

Mark Gillespie
7504 Summer MeaclOws Drive
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481
[email protected]

'CERTIFY THATAN ORIC6141COPY


FEREOF HAS SEEA FtiRMED BY U.S.P.S.
MAIL:i 0:

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3668863

12-02121-2

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HALE R. STANCIL

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CIRCUIT JUDGE
FIFTH JUDICIAL CIRCUIT OF FLORIDA
Marion County Judicial Center
110 N.W. 1st Avenue, Room 2017
Ocala, FL 34475

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6356 SW 106th Place
FL 34476
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RETURN TO SENDER

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IN THE CIRCUIT COURT OF THE


FIFTH JUDICIAL CIRCUIT IN AND
FOR MARION COUNTY, FLORIDA

REVERSE MORTGAGE SOLUTIONS,INC.,


Plaintiff,
CASE NO.: 2013-CA-0115

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 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 / day of December, 2014.

Circuit Court Judge

Page 1 of 3

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:
Oak Run Homeowners Association, Inc.
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
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Development & Construction Corporation of America
c/o 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
400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Mark Gillespie
7504 Summer Meadows Drive
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 3 of 3

CASE ID: 3522117


FILE #: 12-02121-3
FIFTH JUDICIAL CIRCUIT COURT OF FLORIDA
MARION COUNTY, FLORIDA
CIVIL DIVISION

NO: 42 2013 CA 000115

Filed in the Office of Clerk of Circuit Court


M.rion County Florida
'IN 20111
fib I
ON
R Ilsper ,a6 , Clerk
VS.
D.C.
BY
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997, ET AL,
DEFENDANT(S).

REVERSE MORTGAGE SOLUTIONS, INC.,


PLAINTIFF(S),

AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY


I, Nancy Mendez, an employee of ProVest Services LLC ("ProVest"), being sworn, certify that the
following information is true:
I have made diligent search and inquiry to discover the current residence of UNKNOWN SPOUSE OF
ELIZABETH BAUERLE, whose age is unknown. The methods, activities and actions undertaken to
make this diligent search and inquiry are summarized below and include searches that I conducted on
various public and private databases. Private databases searched may include fee-based searches from
recognized industry-standard data providers who are aggregators of public and private data. Pursuant to
Florida Rule of Judicial Procedure 2.425 "Minimization of the Filing of Sensitive Information," certain
information below is redacted but can be produced and sources of the data identified for in camera
inspection by the Court.
LAST KNOWN ADDRESS: 6356 SW 106TH PLACE OCALA FL 34476
A: INQUIRY OF SOCIAL SECURITY INFORMATION:

SOCIAL SECURITY NUMBER: XXX-XX-XXXX


1.INQUIRY SHOWS SSN# WITH ADDRESSES OF:
WE ARE UNABLE TO LOCATE A VERIFIED SOCIAL FOR THIS DEFENDANT.

2. CREDIT AND BANKRUPTCY SEARCH:


THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.

B: LAST KNOWN EMPLOYMENT OF DEFENDANT:


THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.
C: INQUIRY OF ADDRESS:
8092 SW 115TH LOOP OCALA FL 34481-3567
THIS IS THE PROPERTY ADDRESS

1.INQUIRY OF NEIGHBORS AT LAST KNOWN ADDRESS:


THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.

2. INQUIRY OF RELATIVES RELATED TO DEFENDANT:


THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.

3. TAX COLLECTOR'S RECORDS IN AREA WHERE DEFENDANT WAS LAST


KNOWN TO RESIDE:
NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.
D: INQUIRY OF TELEPHONE COMPANY:

1.TELEPHONE LISTINGS IN THE LAST KNOWN LOCATIONS OF DEFENDANT'S


RESIDENCE:
NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.

2. STATE WIDE DIRECTORY ASSISTANCE SEARCH:


NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.
3. OTHER PHONE SEARCH:
THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.
E: INQUIRY OF STATE DEPARTMENT OF MOTOR VEHICLE RECORDS:

1.DRIVER LICENSE RECORDS IN THE STATE OF DEFENDANTS LAST KNOWN


ADDRESS:
THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.

2.DEPARTMENT OF MOTOR VEHICLE RECORDS IN THE STATE OF


DEFENDANTS LAST KNOWN ADDRESS:
The subject does not show current ownership of a vehicle
THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.

F: OTHER INQUIRIES:

1.TAX ASSESSOR'S RECORDS IN THE AREA WHERE DEFENDANT WAS LAST


KNOWN TO RESIDE:
A SEARCH WAS COMPLETED ON THE PROPERTY ADDRESS AT 8092 SW 115TH LOOP
OCALA FL 34481-3567 AND IT WAS FOUND THAT GILLESPIE FAMILY TRUST GILLESPIE
NEIL J TR ET AL IS THE OWNER OF THE PROPERTY. FURTHERMORE THE MAILING
ADDRESS OF THE SAID PROPERTY IS 8092 SW 115TH LOOP OCALA FL 34481-3567.

2. VOTER REGISTRATION IN THE AREA WHERE THE DEFENDANT WAS LAST


KNOWN TO RESIDE:
THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.

3.FREEDOM OF INFORMATION ACT INQUIRY MADE TO U.S. POSTAL SERVICE:


NO REQUEST FOR INFORMATION WAS MADE TO THE POSTAL INSPECTOR ON THIS CASE

4. REGULATORY AGENCIES FOR PROFESSIONAL OR OCCUPATIONAL


LICENSING:
THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.

5.INQUIRY TO DETERMINE IF DEFENDANT IS IN MILITARY SERVICE:


THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.

6. NATIONWIDE MASTERFILE DEATH SEARCH:


THIS SEARCH WAS NOT COMPLETED AS WE WERE UNABLE TO LOCATE A SOCIAL
SECURITY NUMBER FOR THIS DEFENDANT.

7. INTERNET PEOPLE FINDER SEARCH:


NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.

8.COUNTY WIDE HOSPITAL SEARCH:


NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.
G: CORRECTIONAL FACILITIES SEARCHES:

1.FEDERAL PRISON RECORDS SEARCH:


NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.

2.DEPARTMENT OF CORRECTIONS RECORDS IN THE STATE OF DEFENDANT'S


LAST KNOWN ADDRESS:
NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.

3. COUNTY JAIL RECORDS SEARCH:


NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.

H: PUBLIC RECORD SEARCH :


1.MARRIAGE AND DIVORCE RECORDS SEARCH:
NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.

2. TRAFFIC INFRACTION SEARCH:


NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.

3.ALL OTHER COURT SEARCHES:


NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.

I: ADDITIONAL EFFORTS MADE TO LOCATE DEFENDANT:


NO VERIFIABLE INFORMATION COULD BE FOUND FOR THIS DEFENDANT.

J: ATTEMPTS TO SERVE PROCESS AND RESULTS:


In the regular performance of my job functions, I have access to and am familiar with ProVest's
business records relating to the service of process at issue in this legal action. The business records
constitute records or data compilations (the "Records") of service of process attempts ("Service
Attempts") relating to this legal action and it is ProVest's regular practice to make and keep such
Records. The Records were made at the time of the act, transaction, occurrence, or event or a
reasonable time thereafter by, or from information transmitted from, a person with knowledge of the
Service Attempts. I have personal knowledge of the manner in which the Records are created, and I
reviewed and relied upon the Records in executing this Affidavit. The following is a summary of the
attempts made to serve process on the Subject/Defendant based on my review of the Records:
PROCESS SERVER ATTEMPTED SERVICE AT: 6356 SW 106TH PLACE OCALA FL 34476
PROCESS SERVER STATES: UNABLE TO LOCATE DEFENDANT AT PROVIDED ADDRESS.
CHARLIE MCCARROLL STATED THAT HE DID NOT KNOW ELIZABETH BAUERLE NOR OF HER
WHEREABOUTS.
PROCESS SERVER ATTEMPTED SERVICE AT: 34W584 ILLINOIS ST SAINT CHARLES IL 60174
6815
PROCESS SERVER STATES: NON-SERVICE,F-W-60 STATES NO KNOWLEDGE OF
DEFENDANT.SINGLE FAMILY,FAIR CONDITION,NOT FOR SALE,NO GARAGE

K: CONTACT WITH THE OCCUPANT OF PREMISE:


Inquiry was made with the occupant of the premises whether the occupant knows the location of the
borrower-defendant, with the following results:
8092 SW 115TH LOOP OCALA FL 34481-3567
OWNER OCCUPIED BY NEIL J. GILLESPIE. STATED THAT THE PROPERTY IS OWNER
OCCUPIED AND THERE ARE NO OTHER TENANTS/OCCUPANTS OVER THE AGE OF 18.
1. CURRENT RESIDENCE:
UNKNOWN SPOUSE OF ELIZABETH BAUERLE's current residence is unknown to me.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
AFFIANT

FEB 0 4 2013
PV #: 3522117
Nancy MendProVest Services LLC
7870 Woodland Center Blvd
Tampa, Florida 33614
(813) 250-6450
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
Sworn to 9r affirmed and signed before me on this

JOSHUA N. PIMEN rEL


Notary Public, State of Florida
My Comm. Expires May 24, 2015
No. EE 97050

Date

FEB 0 4 2013
day of

, 20

by

-FL(Print, Type or Stamp Commissioned Name of


Notary Public)

'C

Personally known
Produced Identification
Type of identification produced:

CASE ID: 3522117


FILE #: 12-02121-3
FIFTH JUDICIAL CIRCUIT COURT OF FLORIDA
MARION COUNTY, FLORIDA
CIVIL DIVISION

NO: 42 2013 CA 000115

REVERSE MORTGAGE SOLUTIONS, INC.,

PLAINTIFF(S),
VS.

Red in the Office of Clerk of Circuit Court


M rion County Florid
M.
0
II I..2013
ON
1 , Clerk
BY

DC

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

DEFENDANT(S).
AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY
I, Kristy Cooper, an employee of ProVest Services LLC ("ProVest"), being sworn, certify that the
following information is true:
I have made diligent search and inquiry to discover the current residence of UNKNOWN
SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED
FEBRUARY 10, 1997, whose age is unknown. The methods, activities and actions undertaken to make
this diligent search and inquiry are summarized below and include searches that I conducted on various
public and private databases. Private databases searched may include fee-based searches from
recognized industry-standard data providers who are aggregators of public and private data. Pursuant to
Florida Rule of Judicial Procedure 2.425 "Minimization of the Filing of Sensitive Information," certain
information below is redacted but can be produced and sources of the data identified for in camera
inspection by the Court.

LAST KNOWN ADDRESS: 8092 SW 115TH LOOP OCALA FL 34481


A: INQUIRY OF SOCIAL SECURITY INFORMATION:
SOCIAL SECURITY NUMBER: XXX-XX-XXXX
1.INQUIRY SHOWS SSN# WITH ADDRESSES OF:
WE ARE UNABLE TO LOCATE SSN FOR THIS DEFENDANT.

2. CREDIT AND BANKRUPTCY SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

B: LAST KNOWN EMPLOYMENT OF DEFENDANT:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

C: INQUIRY OF ADDRESS:
8092 SW 115TH LOOP OCALA FL 34481

1.INQUIRY OF NEIGHBORS AT LAST KNOWN ADDRESS:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2. INQUIRY OF RELATIVES RELATED TO DEFENDANT:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3. TAX COLLECTOR'S RECORDS IN AREA WHERE DEFENDANT WAS LAST


KNOWN TO RESIDE:
8092 SW 115TH LOOP OCALA FL 34481 THIS ADDRESS IS LISTED TO GILLESPIE FAMILY
TRUST NEIL J GILLESPIE TR AT 8092 SW 115TH LOOP OCALA FL 34481.
D: INQUIRY OF TELEPHONE COMPANY:

1.TELEPHONE LISTINGS IN THE LAST KNOWN LOCATIONS OF DEFENDANT'S


RESIDENCE:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2. STATE WIDE DIRECTORY ASSISTANCE SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3. OTHER PHONE SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.
E: INQUIRY OF STATE DEPARTMENT OF MOTOR VEHICLE RECORDS:

1.DRIVER LICENSE RECORDS IN THE STATE OF DEFENDANTS LAST KNOWN


ADDRESS:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2.DEPARTMENT OF MOTOR VEHICLE RECORDS IN THE STATE OF


DEFENDANTS LAST KNOWN ADDRESS:
The subject does not show current ownership of a vehicle
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.
F: OTHER INQUIRIES:

1.TAX ASSESSOR'S RECORDS IN THE AREA WHERE DEFENDANT WAS LAST


KNOWN TO RESIDE:
8092 SW 115TH LOOP OCALA FL 34481 THIS ADDRESS IS LISTED TO GILLESPIE FAMILY
TRUST NEIL J GILLESPIE TR AT 8092 SW 115TH LOOP OCALA FL 34481.

2.VOTER REGISTRATION IN THE AREA WHERE THE DEFENDANT WAS LAST


KNOWN TO RESIDE:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3.FREEDOM OF INFORMATION ACT INQUIRY MADE TO U.S. POSTAL SERVICE:


NO REQUEST FOR INFORMATION WAS MADE TO THE POSTAL INSPECTOR ON THIS CASE

4. REGULATORY AGENCIES FOR PROFESSIONAL OR OCCUPATIONAL


LICENSING:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

5. INQUIRY TO DETERMINE IF DEFENDANT IS IN MILITARY SERVICE:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

6. NATIONWIDE MASTERFILE DEATH SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

7. INTERNET PEOPLE FINDER SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

8. COUNTY WIDE HOSPITAL SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.
G: CORRECTIONAL FACILITIES SEARCHES:

1.FEDERAL PRISON RECORDS SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2. DEPARTMENT OF CORRECTIONS RECORDS IN THE STATE OF DEFENDANT'S


LAST KNOWN ADDRESS:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3. COUNTY JAIL RECORDS SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.
H: PUBLIC RECORD SEARCH :

1.MARRIAGE AND DIVORCE RECORDS SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2. TRAFFIC INFRACTION SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3.ALL OTHER COURT SEARCHES:


SEARCHING MARION COUNTY OFFICIAL RECORDS A QUIT-CLAIM DEED BOOK 05057
PAGE 1669 LISITNG THE FOLLOWING: PENELOPE M. GILLESPIE, NEIL J. GILLESPIE AND
MARK GILLESPIE AS CO-TRUSTEES FO THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997
I: ADDITIONAL EFFORTS MADE TO LOCATE DEFENDANT:
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997 IS A NAMED DEFENDANT IN THIS
CASE.
MARK GILLESPIE AS CO-TRUSTEES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10 IS A NAMED DEFENDANT IN THIS CASE.

J: ATTEMPTS TO SERVE PROCESS AND RESULTS:


In the regular performance of my job functions, I have access to and am familiar with ProVest's
business records relating to the service of process at issue in this legal action. The business records
constitute records or data compilations (the "Records") of service of process attempts ("Service
Attempts") relating to this legal action and it is ProVest's regular practice to make and keep such
Records. The Records were made at the time of the act, transaction, occurrence, or event or a
reasonable time thereafter by, or from information transmitted from, a person with knowledge of the
Service Attempts. I have personal knowledge of the manner in which the Records are created, and I
reviewed and relied upon the Records in executing this Affidavit. The following is a summary of the
attempts made to serve process on the Subject/Defendant based on my review of the Records:
PROCESS SERVER ATTEMPTED SERVICE AT: 8092 SW 115TH LOOP OCALA FL 34481
PROCESS SERVER STATES: JAN 14 2013 10:50AM: ASSIGNED TYPE OF SERVICE: NONSERVICE -- NEXT SUBJECT PROPERTY IS NOT A MOBILE HOME. UPON INQUIRY, NEIL J.
GILLESPIE STATED THAT THE PROPERTY IS OWNER OCCUPIED AND THERE ARE NO
OTHER TENANTS/OCCUPANTS OVER THE AGE OF 18.

K: CONTACT WITH THE OCCUPANT OF PREMISE:


No inquiry was made at the property address because:
8092 SW 115TH LOOP OCALA FL 34481
DEFENDANT UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997 IS NOT THE BORROWER-DEFENDANT.
1. CURRENT RESIDENCE:
UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997's current residence is unknown to me.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
AFFIAN

JAN 2 5 2013
FMKf #: 3522117
Pro'test ervices LC
7870 Woodland Center Blvd
Tampa, Florida 33614
(813) 250-6450

/Krist\f Cooper

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
signed before me on this
Sworn pp or affirmedpnd

Date

JAN 2 5 2013
day of

, 20

by

C 4_3.1

JOSHUA N. P1MENTEL
Notary Public, State of Florida
My Comm. Expires May 24, 2015
No. EE 97050

NOTARY PU LIC, STAT

(Print, Type or Stamp Commissioned Name of


Notary Public)

'-'--Personally known
Produced Identification
Type of identification produced:

CASE ID: 3522117


FILE #: 12-02121-3
FIFTH JUDICIAL CIRCUIT COURT OF FLORIDA
MARION COUNTY, FLORIDA
CIVIL DIVISION

NO: 42 2013 CA 000115

REVERSE MORTGAGE SOLUTIONS, INC.,

PLAINTIFF(S),
VS.

Red in the Office of Clerk of Circuit Court


M rion County Florid
M.
0
II I..2013
ON
1 , Clerk
BY

DC

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

DEFENDANT(S).
AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY
I, Kristy Cooper, an employee of ProVest Services LLC ("ProVest"), being sworn, certify that the
following information is true:
I have made diligent search and inquiry to discover the current residence of UNKNOWN
SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED
FEBRUARY 10, 1997, whose age is unknown. The methods, activities and actions undertaken to make
this diligent search and inquiry are summarized below and include searches that I conducted on various
public and private databases. Private databases searched may include fee-based searches from
recognized industry-standard data providers who are aggregators of public and private data. Pursuant to
Florida Rule of Judicial Procedure 2.425 "Minimization of the Filing of Sensitive Information," certain
information below is redacted but can be produced and sources of the data identified for in camera
inspection by the Court.

LAST KNOWN ADDRESS: 8092 SW 115TH LOOP OCALA FL 34481


A: INQUIRY OF SOCIAL SECURITY INFORMATION:
SOCIAL SECURITY NUMBER:
1.INQUIRY SHOWS SSN# WITH ADDRESSES OF:
WE ARE UNABLE TO LOCATE SSN FOR THIS DEFENDANT.

2.CREDIT AND BANKRUPTCY SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

B: LAST KNOWN EMPLOYMENT OF DEFENDANT:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

C: INQUIRY OF ADDRESS:
8092 SW 115TH LOOP OCALA FL 34481

1.INQUIRY OF NEIGHBORS AT LAST KNOWN ADDRESS:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2. INQUIRY OF RELATIVES RELATED TO DEFENDANT:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3. TAX COLLECTOR'S RECORDS IN AREA WHERE DEFENDANT WAS LAST


KNOWN TO RESIDE:
8092 SW 115TH LOOP OCALA FL 34481 THIS ADDRESS IS LISTED TO GILLESPIE FAMILY
TRUST NEIL J GILLESPIE TR AT 8092 SW 115TH LOOP OCALA FL 34481.
D: INQUIRY OF TELEPHONE COMPANY:

1.TELEPHONE LISTINGS IN THE LAST KNOWN LOCATIONS OF DEFENDANT'S


RESIDENCE:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2. STATE WIDE DIRECTORY ASSISTANCE SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3. OTHER PHONE SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.
E: INQUIRY OF STATE DEPARTMENT OF MOTOR VEHICLE RECORDS:

1.DRIVER LICENSE RECORDS IN THE STATE OF DEFENDANTS LAST KNOWN


ADDRESS:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2.DEPARTMENT OF MOTOR VEHICLE RECORDS IN THE STATE OF


DEFENDANTS LAST KNOWN ADDRESS:
The subject does not show current ownership of a vehicle
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.
F: OTHER INQUIRIES:

1.TAX ASSESSOR'S RECORDS IN THE AREA WHERE DEFENDANT WAS LAST


KNOWN TO RESIDE:
8092 SW 115TH LOOP OCALA FL 34481 THIS ADDRESS IS LISTED TO GILLESPIE FAMILY
TRUST NEIL J GILLESPIE TR AT 8092 SW 115TH LOOP OCALA FL 34481.

2.VOTER REGISTRATION IN THE AREA WHERE THE DEFENDANT WAS LAST


KNOWN TO RESIDE:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3.FREEDOM OF INFORMATION ACT INQUIRY MADE TO U.S. POSTAL SERVICE:


NO REQUEST FOR INFORMATION WAS MADE TO THE POSTAL INSPECTOR ON THIS CASE

4. REGULATORY AGENCIES FOR PROFESSIONAL OR OCCUPATIONAL


LICENSING:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

5. INQUIRY TO DETERMINE IF DEFENDANT IS IN MILITARY SERVICE:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

6. NATIONWIDE MASTERFILE DEATH SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

7. INTERNET PEOPLE FINDER SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

8. COUNTY WIDE HOSPITAL SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.
G: CORRECTIONAL FACILITIES SEARCHES:

1.FEDERAL PRISON RECORDS SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2. DEPARTMENT OF CORRECTIONS RECORDS IN THE STATE OF DEFENDANT'S


LAST KNOWN ADDRESS:
NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3. COUNTY JAIL RECORDS SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.
H: PUBLIC RECORD SEARCH :

1.MARRIAGE AND DIVORCE RECORDS SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

2. TRAFFIC INFRACTION SEARCH:


NO VERIFIABLE INFORMATION COULD BE LOCATED FOR THIS DEFENDANT.

3.ALL OTHER COURT SEARCHES:


SEARCHING MARION COUNTY OFFICIAL RECORDS A QUIT-CLAIM DEED BOOK 05057
PAGE 1669 LISITNG THE FOLLOWING: PENELOPE M. GILLESPIE, NEIL J. GILLESPIE AND
MARK GILLESPIE AS CO-TRUSTEES FO THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997
I: ADDITIONAL EFFORTS MADE TO LOCATE DEFENDANT:
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997 IS A NAMED DEFENDANT IN THIS
CASE.
MARK GILLESPIE AS CO-TRUSTEES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10 IS A NAMED DEFENDANT IN THIS CASE.

J: ATTEMPTS TO SERVE PROCESS AND RESULTS:


In the regular performance of my job functions, I have access to and am familiar with ProVest's
business records relating to the service of process at issue in this legal action. The business records
constitute records or data compilations (the "Records") of service of process attempts ("Service
Attempts") relating to this legal action and it is ProVest's regular practice to make and keep such
Records. The Records were made at the time of the act, transaction, occurrence, or event or a
reasonable time thereafter by, or from information transmitted from, a person with knowledge of the
Service Attempts. I have personal knowledge of the manner in which the Records are created, and I
reviewed and relied upon the Records in executing this Affidavit. The following is a summary of the
attempts made to serve process on the Subject/Defendant based on my review of the Records:
PROCESS SERVER ATTEMPTED SERVICE AT: 8092 SW 115TH LOOP OCALA FL 34481
PROCESS SERVER STATES: JAN 14 2013 10:50AM: ASSIGNED TYPE OF SERVICE: NONSERVICE -- NEXT SUBJECT PROPERTY IS NOT A MOBILE HOME. UPON INQUIRY, NEIL J.
GILLESPIE STATED THAT THE PROPERTY IS OWNER OCCUPIED AND THERE ARE NO
OTHER TENANTS/OCCUPANTS OVER THE AGE OF 18.

K: CONTACT WITH THE OCCUPANT OF PREMISE:


No inquiry was made at the property address because:
8092 SW 115TH LOOP OCALA FL 34481
DEFENDANT UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997 IS NOT THE BORROWER-DEFENDANT.
1. CURRENT RESIDENCE:
UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997's current residence is unknown to me.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
AFFIAN

JAN 2 5 2013
FMKf #: 3522117
Pro'test ervices LC
7870 Woodland Center Blvd
Tampa, Florida 33614
(813) 250-6450

/Krist\f Cooper

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
signed before me on this
Sworn pp or affirmedpnd

Date

JAN 2 5 2013
day of

, 20

by

C 4_3.1

JOSHUA N. P1MENTEL
Notary Public, State of Florida
My Comm. Expires May 24, 2015
No. EE 97050

NOTARY PU LIC, STAT

(Print, Type or Stamp Commissioned Name of


Notary Public)

'-'--Personally known
Produced Identification
Type of identification produced:

..

IN THE CIRCUIT COURT OF THE FIFTH


JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
CASE NO. 09-5083 CA

BANK OF AMERICA, N.A.,


Plaintiff,

..-.0

'':t>

3:1-c::

NOTICE OF ACTION ~~ 0

vs.

-:A:;:c
~n .
- - r1

AMERICAN PRIME, LLC, et. al.


Defendants.

n:::Or-

on,.
C C: (.JI

z-~':,

~c;C,.
TO:

TO:

UNKNOWN SPOUSE OF ANTHONY DEROBERTIS


Whose residence is: 19821 SW RAINBOW LAKES BLVD,
1111 PINE ST #206 SAN FRANCISCO, CA 94109

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DUNNELLON,~i346

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UNKNOWN BENEFICIARIES OF THE ESTATE OF ANTHONY DEROBERTIS


Whose residence is: UNKNOWN

If alive, and if dead, all parties claiming interest by, through, under or against
UNKNOWN SPOUSE OF ANTHONY DE ROBERTIS; UNKNOWN BENEFICIARIES OF THE
ESTATE OF ANTHONY DE ROBERTIS and all parties having or claiming to have any right,
title or interest in the property described herein.
YOU ARE NOTIFIED that an action for Foreclosure of Mortgage on the following
described property:
LOT 94, BLOCK 15, RAINBOW LAKES ESTATES SECTION "A", AS PER PLAT
THEREOF RECORDED IN PLAT BOOK F, PAGE 136, PUBLIC RECORDS OF MARION
COUNTY, FLORIDA.
a/kla 19821 SW RAINBOW LAKES BLVD DUNNELLON, FL 34431
has been filed against you and you are required to serve a copy of your written
defenses, if any, to it, on Nwabufo Umunna, Attorney for Plaintiff, whose address is 2901
Stirling Roag,.8'Ciite 300, Fort Lauderdale, Florida 33312 either (chose one)
....L' (a) within
30
days after the first publication of this notice, or
__

(b)

on or before

, 200_,

and file the original with the Clerk of this Court either before service on Plaintiffs attorney or
immediately thereafter; otherwise a default will be entered against you for the relief demanded in
the complaint.
WITNESS

my

hand

_D_C-\-o__;.,..;;.,.::\c:K.~Vl._:o....__ _ ,~.

and

the

seal

of

this

Court

this

>b~

day

of

Our file # 76763 1 tga


L:\76763\76763_P_NOA.doc
680110063380994377683

DAVID R. ELLSPERMANN
As Clerk of the Court

By:-bJ. ~c-..~
As Deputy Clerk

Publish In: The Voice of South Marion


A copy of this Notice of Action, Complaint and Lis Pendens were sent to the defendants and
address named above.
In accordance with the Americans with Disabilities Act, persons needing a reasonable
accommodation to participate in this proceeding should, no later than seven (7) days prior,
contact the Clerk of the Court's disability coordinator at 3526203582. 11 0 NW 1ST AVE.
OCALA FL. 34475. If hearing impaired, contact (TDD) 8009558771 via Florida Relay System.
This is an attempt to collect a debt. Any information obtained will be used for that purpose.

Our file # 76763 1 tga


L:176763\76763_P_NOA.doc
680110063380994377683

IN THE CIRCUIT COURT OF THE FIFTH


JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
CASE NO. 09-5083 CA
BANK OF AMERICA, N.A.,
Plaintiff,
VS.

nO
3:1~

~~iS ~

-::::--:

AFFIDAVITOF
~n~
CONSTRUCTIVE SERV.lfi:i:

AMERICAN PRIME, LLC, et. al.


Defendants.

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Before me, the undersigned authority, personally appeared Nwabufo Umunnai ~ing'"irst
duly sworn, deposes and says:

1. Affiant is the attorney for Plaintiff in this action; and

2. Diligent search and inquiry has been made to discover the name and residence of
UNKNOWN BENEFICIARIES OF THE ESTATE OF ANTHONY DE ROBERTIS ("Defendants"),
and the same is set forth in this statement as particularly as is known to Affiant, specifically:
UNKNOWN; and
3.

Defendants are over the age of eighteen years; and

4.

The residence of such person is:


(a)
Unknown to the affiant and affiant is unable to determine if
Defendants are living or dead; or
In some state other than this state and the Defendants' address is
(b)
unknown; or

~ (c)
lftia~ 60 days

In the state, but he or she has been absent from the state for more
next preceding the making of this affidavit. or conceals himself or
herself so that process cannot be personally served, and affiant believes that there
is no person in the state upon whom service of process would bind said absent or
concealed Defendants; and

5.
Affiant believes that there are persons who are or may be interested in the subject
matter of this action, whose names, after diligent search and inquiry are unknown to affiant and
said unknown parties claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or
other claimants, by, through, under or against said Defendant, or each of them, who are dead or
not known to be dead or alive.
~

b. . , .

Nwabu o Umunna

NOTARY PUBLIC-STATE OF FLORIDA


~
Maureen Lee Evans
Commission # 00538762

I'll
Expires: APR. 10, 2010
Bonded Thru Atlantic Bonding Co Inc.
Our file #76763 1 tga
L:\76763\76763_3_P.doc
680110063380994377683

IN THE CIRCUIT COURT OF THE FOURTH


JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
CASE NO. 09-5083 CA
BANK OF AMERICA. N.A.
Plaintiff
vs
UNKNOWN SPOUSE OF ANTHONY DE
ROBERTIS. DECEASED, et al.
Defendants

_ _ _ _ _ _ _ _ _-:1

EX-PARTE MOTION FOR APPOINTMENT OF GUARDIAN, ADMINISTRATOR


AND ATTORNEY AD LITEM
Plaintiff, BANK OF AMERICA. NA., by and through its undersigned counsel, hereby
moves this Honorable Court for an Order Appointing a Guardian. Administrator and
Attorney Ad Litem. and as grounds thereof would state as follows.

1.

That Defendant ANTHONY DE ROBERTIS is deceased.

2.
That in order to transfer marketable title at the conclusion of this action it is
necessary to appoint a Guardian Ad Utem to protect the interests of the UNKNOWN
BENEFICIARIES OF THE ESTATE OF ANTHONY DE ROBERTIS. DECEASED.
WHEREFORE. Plaintiff prays that an Order be entered Appointing a Guardian,
Administrator to represent UNKNOWN BENEFICIARIES OF THE ESTATE OF ANTHONY
DE ROBERTIS. DECEASED.
I HEREBY CERTIFY that a true copy of the foregoin~s delivered to the
addresses on the attached mailing list by mail this ~ day of ...:.......JU aQ., 2010.
Ben-Ezra & Katz. P.A.
Attomeys for Plaintiff
2901 Stirling Road. Suite 300
Fort Lauderdale. Florida 33312
Telephone:
(305) 7704100
Fax:
(305) 653-2329

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Carline Mildor
Fla. Bar No. 555878

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File .76763 .. jbr

MAILING LIST

UNKNOWN SPOUSE OF ANTHONY DEROBERTIS


19821 SW RAINBOW LAKES BLVD
DUNNELLON, FL 34431
UNITED STATES OF AMERICA ON BEHALF OF
THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
c/o A. BRIAN ALBRITTON, UNITED STATES ATTORNEY
OF THE MIDDLE DISTRICT OF FLORIDA
400 N TAMPA STREET, SUITE 3200
TAMPA, FL 33602
UNKNOWN BENEFICIARIES OF THE
ESTATE OF ANTHONY DE ROBERTIS, DECEASED
19821 SW RAINBOW LAKES BLVD
DUNNELLON, FL 34431

File #176763 jbr

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IN THE CIRCUIT COURT OF THE FOURTH
JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
CASE NO. 09-5083 CA
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BANK OF AMERICA, N.A.

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Plaintiff,

vs

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UNKNOWN SPOUSE OF ANTHONY
ROBERTIS, DECEASED, et al.,
Defendants.

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ORDER APPOINTING GUARDIAN AD LITEM

UPON Ex-Parte Motion of the Plaintiff for appointment of a Guardian Ad Litem, it is


ORDERED AND ADJUDGED that SHARON RUTH, Esq., is hereby appointed in
this action Guardian Ad Litem for and to represent the interests of UNKNOWN
BENEFICIARIES OF THE ESTATE OF ANTHONY DEROBERTIS, DECEASED and all
unknown parties having or claiming to have any right, title, or interest in the property
which is the subject matter of this action; and it is further.
ORDERED AND ADJUDGED that the said Guardian Ad Litem is excused from
filing oath; and that the filing of an answer or any other pleading which shall be done
without service of process on him within

30

days from the date hereof, shall be taken

as an acceptance of this appointment and as an undertaking to faithfully discharge the


duties hereof.

DONE AND ORDERED at Marion County Florida, this

'2 ( \.A

day of

,2010.

CIRCUIT COURT JUD E

rile #76763- jbr

MAILING LIST

CARLINE MILDOR, Esq.


BEN-EZRA & KATZ, P.A.
2901 STIRLING ROAD, SUITE 300
FT. LAUDERDALE, FL 33312
UNKNOWN SPOUSE OF ANTHONY DEROBERTIS
19821 SW RAINBOW LAKES BLVD
DUNNELLON, FL 34431
UNITED STATES OF AMERICA ON BEHALF OF
THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
c/o A. BRIAN ALBRITTON, UNITED STATES ATTORNEY
OF THE MIDDLE DISTRICT OF FLORIDA
400 N TAMPA STREET, SUITE 3200
TAMPA, FL 33602
UNKNOWN BENEFICIARIES OF THE
ESTATE OF ANTHONY DE ROBERTIS, DECEASED
19821 SW RAINBOW LAKES BLVD
DUNNELLON, FL 34431
SHARON RUTH
GUARDIAN AD LITEM
3250 NW 43 STREET
GAINESVILLE, FL 32606

File #76763 - jbr

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