Defendant Gillespie's Rule 1.150 Motion To Strike Sham Pleadings
Defendant Gillespie's Rule 1.150 Motion To Strike Sham Pleadings
Defendant Gillespie's Rule 1.150 Motion To Strike Sham Pleadings
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.
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
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.
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.
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.
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.
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.
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
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
15.
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.
(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
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
(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
21.
Florida Rule of Civil Procedure 1.110(b) and section 92.525, Florida Statutes (2011),
23.
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.
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
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Counsels Misrepresentation: Civil Cover Sheet Form 1.997 attached to Verified Complaint
28.
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
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
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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.
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36.
I respectfully request the Court on its own initiative to DISMISS WITH PREJUDICE
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).
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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.
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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
"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
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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
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.
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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
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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,
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.
under the terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4.
5.
The Defendants desire swift resolution to this action so they hereby give consent
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have electronically filed via the Florida Courts eFiling
Portal and furnished a true and correct copy of the foregoing to Angela M. Brenwald, Esquire, of
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
January 1, 2013
Judae Sandra Edwards-Stephens: 1/4 Felony (Designation X); 1/3 Jimmy Ryce cases; 1/8
mortgage foreclosure cases filed beginning January 1, 2012.
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:
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.
Hearing Officer:
General Magistrates:
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.
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.
'
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
WILSON, CURTIS
ALAN
77669
CAPARAS, TIFFANY
89863
OPEN
224
11/04/2015
CERTIFICATE OF FILING
220
11/03/2015
221
11/03/2015
CERTIFICATE OF FILING
222
11/03/2015
223
11/03/2015
218
06/18/2015
51
216
06/17/2015
217
06/17/2015
15
11/5/2015 3:53 PM
https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwafrJy-kIzdO_L9qvQZMhxhqjI3WY8
215
06/16/2015
18
213
06/04/2015
No records found.
No records found.
Assessment
Total: $1,119.50
Restitution
Total: $0.00
$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:
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
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.:
)
AFFIDAVIT
co
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
sworn deposed upon oath as follows:
I.
My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
oeZ=::)..
..
"
My Florida residential homestead property is the sole asset of the Trust, property address
~:.
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
7013-007-00 I, legal description:
Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.
4.
Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred
the remaining trust property to the beneficiary, myself, on January 14, 2015.
5.
Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby
terminate the Trust as provided by Fla. Stat. 736.0414, and Article V, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
transferring the property to the beneficiary without going through probate.
6.
Pursuant to Fla. Stat. 736.0414 Modification or tenn ination of uneconomic trust. (1)
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property
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
(SEAL)
Angelica Cruz
NOTAR
My Commission EE067986
Expires 02127/2015
UBLIC
~(?JI(s2.
Lr0L
Print Na of Notary PublIc
Book6161/Page1845
CFN#2015009748
Page 2 of 2
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.
8
3539572
12-02121-2
3539572
12-02121-2
Mark Gillespie
Neil J. Gillespie
OCALA, FL 34481
Curtis
lson, Esq.
McCalla Raymer, LLC
Attorney for Plaintiff
225 E. Robinson St. Sllite 660
Orlando, FL 32801
Email: [email protected]
Fla. Bar No.: 77669
3539572
12-02121-2
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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.,
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SOLUTIONS,
Plaintiff,
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AGREEMENT DATED FEBRUARY 10,
1997, et aI.,
Defendants.
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Neil J. Gillespie
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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
34481$3567
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---
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.
/
2.
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4.
5.
lo__ day of
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\S.
-HALE R. STANCIL
CIRCUIT JUDGE
12-02121-2
SERVICE LIST
3668863
12-02121-2
Neil J. Gillespie
8092 Sw 115th Loop
Ocala, FI 34481
[email protected]
3668863
12-02121-2
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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.
2.
3.
4.
Defen~ant
WNEANDORDE~atMarionCounty,Flon.dai;;;Z,this~ ~da
of
()-/J4
{/
, 20;!2._.
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----~--~------~~--~
CIRCUIT JUDGE
3668863
12-02121-2
10
\lP
https://www.myfloridacounty.com/ccm/do/docket?q1=PUekI0zIOB2kfxOL7vzX4g&q2=2300056f140763afe69863b06d8ef13a
FILE DATE
422013CA000115CAAXXX
01/09/2013
[13CA000115AX]
New Search
CASE TYPE
STATUS
OPEN
TEXT
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
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ACTION DATE
TEXT
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ACTION DATE
TEXT
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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#
Website Home | Case Search Page | Case Search Help | Case Type Tables
Case Information
Case Number:42-2013-CA-000115-AXXX-XX
File Date:01/09/2013
Judge:HALE R STANCIL
Plaintiff :
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
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
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
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
$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
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
$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
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
$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
www.MarionCountyClerk.org
Amount
$905.00
$120.00
$13.00
$12.00
$27.50
$10.00
$10.00
$10.00
$10.00
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.
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.
(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
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
9.
Jan-26-2015
On information and belief, the Plaintiff had a duty to follow the procedure for
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.
NOTE: The Plaintiff Reverse Mortgage Solutions, Inc. and the Plaintiff Bank of
The Plaintiff Bank of America, NA, filed EX-PARTE MOTION FOR APPOINTMENT
The Court entered ORDER APPOINTING GUARDIAN AD LITEM (Exhibit 9) June 21,
15.
Jan-26-2015
On information and belief, the Plaintiff should have sought appointment of Guardian Ad
(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
On information and belief, the Plaintiff must follow the procedure for appointment of a
20.
Jan-26-2015
On information and belief, the Court must appoint a Guardian Ad Litem for UNKNOWN
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]
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]
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]
CASE NO.42-2013-CA-000115-AXXX-X
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2.
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4.
1
3668863
`
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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]
D.0
3668863
12-02121-2
ctS POST.
2
HALE R. STANCIL
c.:
02 1P
C.)
1
1
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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RETURN TO SENDER
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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
Page 3 of 3
F: OTHER INQUIRIES:
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
Date
FEB 0 4 2013
day of
, 20
by
'C
Personally known
Produced Identification
Type of identification produced:
PLAINTIFF(S),
VS.
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.
C: INQUIRY OF ADDRESS:
8092 SW 115TH LOOP OCALA FL 34481
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
'-'--Personally known
Produced Identification
Type of identification produced:
PLAINTIFF(S),
VS.
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.
C: INQUIRY OF ADDRESS:
8092 SW 115TH LOOP OCALA FL 34481
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
'-'--Personally known
Produced Identification
Type of identification produced:
..
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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
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and
the
seal
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this
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DAVID R. ELLSPERMANN
As Clerk of the Court
By:-bJ. ~c-..~
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Before me, the undersigned authority, personally appeared Nwabufo Umunnai ~ing'"irst
duly sworn, deposes and says:
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.
4.
~ (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.
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680110063380994377683
_ _ _ _ _ _ _ _ _-:1
1.
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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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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UNKNOWN SPOUSE OF ANTHONY
ROBERTIS, DECEASED, et al.,
Defendants.
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MAILING LIST