defendants’ motion to strike plaintiff’s motion to default

8/19/2019 Defendants’ Motion to Strike Plaintiff’s Motion to Default

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THIS IS NOT A COMMERCIAL FORCLOSURE IN THE CIRCUIT COURT OF THEFIFTH JUDICIAL CIRCUIT FLORIDAIN AND FOR MARION COUNTY

REVERSE MORTGAGE SOLUTIONS, INC.,CASE NO.: 2013-CA-000115

Plaintiff, 42-2013-CA-000115-AXXX-XX

vs. Residential HECM Foreclosure CaseFlorida Homestead of Neil J. Gillespie

NEIL J. GILLESPIE AND MARK GILLESPIE F.S. § 702.015 Note missingAS CO-TRUSTEES OF THE GILLESPIE Rule 1.115 Pleading Mortgage ForeclosuresFAMILY LIVING TRUST AGREEMENT Rule 1.100(c)(2) Civil cover sheet wrong.DATED FEBRUARY 10, 1997, ET AL. F.S. § 837.06 False Official Statements

F.S. § 92.525 Verification of documentsDefendants.

________________________________________/

DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S MOTION TO DEFAULTAnd For Sanctions Against Curtis Wilson Bar#77669, McCalla Raymer LLC

Defendant Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part III) of

the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 (“Terminated

Trust”), is an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and

court services affecting interstate commerce, a consumer of personal, family and household

goods and services, consumer transactions in interstate commerce, a person with disabilities, and

a vulnerable adult, henceforth in the first person, reluctantly appears pro se, and moves to extend

time to respond, Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C), and states:

1. Plaintiff’s counsel Curtis Wilson of McCalla Raymer LLC committed a fraud on the

Court by filing his Motion To Default on March 10, 2016 that states (Exhibit A):

Plaintiff moves for entry of default in the above styled cause for failure of defendant,Elizabeth Bauerle, to file or serve a pleading or other paper within the time required bylaw.

The statement is FALSE. Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, filed through counsel

Anthony J. Solomon, Esq. and KAUFMAN, ENGLETT & LYND, PLLC on July 8, 2013,

Filing # 38901449 E-Filed 03/11/2016 10:44:27 AM


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DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S MOTION TO DEFAULT March 11, 2016And For Sanctions Against Curtis Wilson Bar#77669, McCalla Raymer LLC

2

NOTICE OF DEFENDANTS' CONSENT TO JUDGMENT, Exhibit 1, that resolved all claims

against Elizabeth Bauerle by the Plaintiff in this foreclosure on July 8, 2013.

Notice of Defendants’ Consent to Judgment filed by counsel Anthony J. Solomon,

Esq. Florida Bar No. 93057, KAUFMAN, ENGLETT & LYND, PLLC, shows,

1. The Defendants, MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWNSPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETHBIDGOOD, have been named as Defendants in this action.

2. Plaintiff is seeking to recover the property located at 8092 SW 115th Loop, Ocala, FL34481 based on an "event of default" under the terms of the Adjustable Rate Note (HomeEquity 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.

2. Plaintiff’s counsel Mr. Wilson committed a another fraud on the Court by claiming on

page 2 of his Motion To Default that Elizabeth Bauerle was “duly served according to law”.

It appears that defendant, Elizabeth Bauerle in the above styled cause, having been dulyserved according to the law, and said Defendant Elizabeth Bauerle having failed to file or serve any paper herein, Default is hereby entered against said Defendant ElizabethBauerle

Mr. Wilson knows Elizabeth Bauerle was NOT “duly served according to law” because Wilson

knowingly used a bad address for Elizabeth Bauerle in his attempted service by publication.

3. Elizabeth Bauerle was not served at 7504 Summer Meadows Drive, Fort Worth, TX

76123 as claimed in Instructions To The Clerk of the Circuit Court , dated January 13, 2016,

attached as Exhibit 2, for a Notice of Action and Complaint to Foreclose Mortgage.

4. A Certificate Regarding Mailing of Notices Pursuant to Section 49.12 F.S. incorrectly

identifies Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic), see Exhibit 3.


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3

5. A Notice of Action attached as Exhibit 4 incorrectly identifies Elizabeth Bauerle n/k/a

Elizabeth Bidwood (sic), and incorrectly shows her address as 7504 Summer Meadows Drive,

Fort Worth, TX 76123.

6. A Notice of Publication in the Voice of South Marion attached as Exhibit 5 incorrectly

identifies Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic), and incorrectly shows her address as

7504 Summer Meadows Drive, Fort Worth, TX 76123.

7. U.S. mail was “Return To Sender” to Circuit Court Judge Jennifer Bass “Attempted - Not

Known” sent by the Judge to Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) addressed to

7504 Summer Meadows Drive, Fort Worth, TX 76123 “Unable to Forward”. A certified copy

appears at Exhibit 6. The U.S. mail contained Order Granting Extension of Time entered by

Judge Bass on Jan-19-16. Returned U.S. mail for Elizabeth Bauerle was docketed on Feb-08 16.

8. A Verification of Marriage of the Illinois Dept. of Health shows Scott A. Bidgood

married Elizabeth Ann Bauerle on June 14, 2013 in Kane County, Illinois, see Exhibit 7.

9. A Kane County, Illinois marriage license shows Scott A. Bidgood married Elizabeth Ann

Bauerle on June 14, 2013 in Kane County, Illinois, see Exhibit 8.

10. The last known address stated for Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, effective

December 2, 2013, is the address of the property subject to foreclosure, 8092 SW 115th Loop,

Ocala, Florida 34481, see paragraph 5, and subpart 5A:

DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION,February 1, 2016, Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings

Filing # 37275536 E-Filed 02/02/2016 12:05:18 AM

5. Pursuant to the Order Granting Motion To Withdrawal (Exhibit 7) entered December 2, 2013, paragraph 4, “Defendants shall have an affirmative duty to advise theCourt of any change of address.”, I hereby advise the Court of a change of address for Defendants,


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4

Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) Unknown spouse of Elizabeth[Elizabeth Bidgood] Bauerle, n.k.a. Scott A. Bidgood

effective December 2, 2013, is the address of the property subject to foreclosure,

8092 SW 115th Loop 8092 SW 115th LoopOcala, FL 34481 Ocala, FL 34481

and pursuant to Rule 2.516, I designate my email address for the purpose electronicservice of documents and pleadings in this case,

Email: [email protected] Email: [email protected]

A. The actual address is unknown for Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic)[Elizabeth Bidgood] and the unknown spouse of Elizabeth Bauerle, n.k.a. Scott A.Bidgood.

Paragraph 5, and subpart 5A appear at Exhibit 9. A certified copy of Order Granting Motion

To Withdrawal entered December 2, 2013 appears at Exhibit 10.

11. Florida is a Judicial Foreclosure state. The citations to Florida’s foreclosure statutes are:

F.S. § 702.01 through 702.11, and F.S. § 45.031 through 45.0315.

12. On or about January 9, 2013 Plaintiff’s counsel Danielle Nicole Parsons, Bar ID 29364,

while employed by McCalla Raymer, LLC., commenced the instant in rem action to foreclose a

REVERSE mortgage, by filing inter alia, a “VERIFIED COMPLAINT TO FORECLOSE

HOME EQUITY CONVERSION MORTGAGE” and a Form 1.997 CIVIL COVER SHEET

knowingly and wrongly certified as a “Commercial foreclosure $50,001 - $249,999”. Exhibit 11.

13. Commercial foreclosure is defined by the Florida Rules of Civil Procedure,

FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVILCOVER SHEET

(R) Commercial foreclosure — all matters relating to the termination of a businessowner’s interest in commercial property by a lender to gain title or force a sale to satisfythe unpaid debt secured by the property. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes).


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5

14. The subject property is a residential property, specifically the residential homestead of

Neil J .Gillespie under Sec. 4, Art. X, Fla. Const.

15. Homestead Residential foreclosure is defined by the Florida Rules of Civil Procedure,

FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVILCOVER SHEET

(S) Homestead residential foreclosure — all matters relating to the termination of aresidential property owner’s interest by a lender to gain title or force a sale to satisfy theunpaid debt secured by the property where the property has been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes).

16. Plaintiff’s counsel Ms. Parsons filed a civil cover sheet (Form 1.997) “not properly

executed” violating Rule 1.100(c)(2) Fla.R.Civ.Pro, see Exhibit 11.

17. The Plaintiff’s Form 1.997 CIVIL COVER SHEET is not properly executed because this

case is NOT a “Commercial foreclosure $50,001 - $249,999”.

18. Pursuant to Rule 1.100(c)(2) “...all proceedings in the action shall be abated until a

properly executed cover sheet is completed and filed...”. This is the Clerk’s duty, see,

Rule 1.100(c)(2) Pleadings and Motions.

(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at thetime an initial complaint or petition is filed by the party initiating the action. If the cover sheet is not filed, the clerk shall accept the complaint or petition for filing; but all proceedings in the action shall be abated until a properly executed cover sheet iscompleted and filed. The clerk shall complete the civil cover sheet for a party appearing pro se.

19. Ms. Parsons falsely verified the civil cover sheet to show a commercial, not a residential

foreclosure, in violation of F.S. § 92.525, Verification of documents (and in violation of Rule

2.515, Signature and Certificates of Attorneys),

“I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief”.


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6

20. Ms. Parsons wrongly certified this residential foreclosure as a commercial foreclosure,

when in fact Parsons knew that this was a residential foreclosure. Parsons’ certification is false.

Parsons knew the information she certified on the cover sheet was not accurate. Parsons violated

Fla. Stat. § 92.525, and Rule 2.515, Signature and Certificates of Attorneys.

21. I notified the Clerk of Court by letter Dec-24-2014 to Greg Harrel, the Clerk’s General

Counsel to no avail, see Exhibit 12.

22. Ms. Parsons’ false verification mislead the Clerk to file case as a commercial foreclosure

and not a residential foreclosure, a violation of F.S. § 837.06, False Official Statements.

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

23. The Plaintiff did not file with the Clerk the Original Promissory Note showing a clear

chain of all endorsements, transfers, or assignments of the promissory note that is the subject of

the action, according to a written statement by the Clerk’s Counsel Gregory Harrell on February

22, 2016, a certified copy of which appears at Exhibit 13 and was docketed February 24, 2016,

Filing # 38188163 E-Filed 02/24/2016 07:50:08 AM

24. The Original Promissory Note is not filed with the Clerk in violation of F.S. § 702.015

Elements of complaint; lost, destroyed, or stolen note affidavit.

25. The Original Promissory Note is not filed with the Clerk in violation of Rule 1.115

Pleading Mortgage Foreclosures.

26. The Original Promissory Note is not filed with the Clerk by the Plaintiff, therefore the

Plaintiff does not show standing to sue me.

27. My case does not appear in Order #A2015-24 - Backlog Foreclosure Program, showing

my case was singled out for denial of rights under color of law.


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7

28. The record shows Mr. Wilson has been knowing using false or wrong addresses for

parties because the mail is being returned by the US Post office, see,

A. U.S. mail was “Return To Sender” to Circuit Court Judge Jennifer Bass

“Attempted - Not Known” sent by the Judge to Elizabeth Bauerle n/k/a ElizabethBidwood (sic) addressed to 7504 Summer Meadows Drive, Fort Worth, TX 76123“Unable to Forward”. A certified copy appears at Exhibit 6.

B. U.S. mail was “Return To Sender” to Circuit Court Judge Jennifer Bass “Unableto Forward” sent by the Judge to Oak Run Homeowners Association, 7480 SW Highway200, Ocala, Florida 34476. A certified copy appears at Exhibit 14.

C. U.S. mail was “Return To Sender” to Circuit Court Judge Jennifer Bass “Unableto Forward” sent by the Judge to Unknown Spouse of Elizabeth Bauerle, 6356 SW 106thPlace, Ocala, Florida 34476. A certified copy appears at Exhibit 15.

29. Defendants’ Second Motion to Extend Time to Respond was filed Feb-15-2016, see,

DEFENDANTS’ SECOND MOTION TO EXTEND TIME TO RESPONDFla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C)Filing # 37832720 E-Filed 02/15/2016 11:57:25 PM

which also appears at Exhibit 17.

WHEREFORE, I respectfully move this Court to Strike the Plaintiff’s Motion to Default,

and For Sanctions Against Curtis Wilson Bar#77669, McCalla Raymer LLC, to and including

dismissal of the Notice of Action with prejudice.

RESPECTFULLY SUBMITTED March 11, 2016.

Neil J. Gillespie, individually, and former Trustee,F.S. Ch. 736 Part III, of the Terminated Trust, February 2, 20158092 SW 115th LoopOcala, Florida 34481Phone: 352-854-7807Email: [email protected]


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8

Service List March 11, 2016

I hereby certify the following names were served by email today March 11, 2016 throughthe Florida Portal.

Neil J. Gillespie

The Honorable Don F. Briggs The Honorable Jennifer BassChief Judge, Fifth Judicial Circuit Circuit Court JudgeLake County Judicial Center Fifth Judicial Circuit550 W. Main Street 110 NW 1ST Avenue, Room 507Tavares, FL 32778-7800. Ocala, FL 34475Tel. 352-742-4224 Tel: 352-401-6763Email: [email protected] Email: [email protected]

Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSAMcCalla Raymer, LLC 400 N. Tampa Street, Suite 3200225 E. Robinson Street, Ste. 660 Tampa, FL 33602Orlando, FL 32801 Email: [email protected]: [email protected] [email protected]

[email protected]@gmail.com

Gregory C. Harrell David R. Ellspermann Marion County Clerk General Counsel to David R. Ellspermann, of Court & Comptroller Marion County Clerk of Court & Comptroller P.O. Box 1030P.O. Box 1030 Ocala, Florida 34478-1030Ocala, Florida 34478-1030 Email: [email protected]: [email protected]

Development & Construction Corporation Oak Run Homeowners Association, Inc.of America, c/o Carol Olson, Vice President c/o Board of Directors, [email protected] Administration and Secretary-Treasurer,for RA Priya Ghumman10983 SW 89 AvenueOcala, FL 34481Email: [email protected]

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living TrustAgreement dated February 10, 1997; Terminated Trust, February 2, 20158092 SW 115th LoopOcala, FL 34481Email: [email protected]


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9

Neil J. Gillespie Mark Gillespie8092 SW 115th Loop 7504 Summer Meadows DriveOcala, FL 34481 Ft. Worth, TX 76123Email: [email protected] Email: [email protected]

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie7504 Summer Meadows DriveFt. Worth, TX 76123Email: [email protected]

Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10, 1997; (NONE); Terminated Trust, February 2, 20158092 SW 115th LoopOcala, FL 34481Email: [email protected]

Elizabeth Bauerle n/k/a Elizabeth Bidgood Unknown spouse of Elizabeth Bidgood,8092 SW 115th Loop n.k.a. Scott Bidgood Ocala, FL 34481 8092 SW 115th LoopEmail: [email protected] Ocala, FL 34481

Email: [email protected]


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Termination of the Gillespie Family Living Trust Agreement Dated February 10 1997

STATE

OF

FLORIDA

)

DAVID R

EllSPERM NN CLERK & COMPTROLLER

MARION

co

) SS.:

DATE: 02 03 2015 11 :55:32 AM

COUNTY OF MARION

)

FILE

#:

2015009748 OR BK 6161 PGS 1844-1845

FFID VIT

REC FEES: $18.50 INDEX FEES: $0.00

DDS: $0 MDS: $0 INT:

0

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly

sworn deposed upon oath as follows:

I.

My name is Neil J. Gillespie. I am over eighteen years

of

age. This affidavit is given

on

personal knowledge unless otherwise expressly stated.

2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10

1997 (hereinafter "Trust").

\

\

oeZ=

My Florida residential homestead property is the sole asset of the Trust, property address

"

8092

SW

115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I

have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.

7013-007-00 I, legal description:

Lot(s) ], Block G, OAK

RUN

WOODSIDE TRACT, according

to

the Plat thereof as

recorded

in

Plat Book 2 at Page(s)

106

through I]2 inclusive

of

the Public Records

of

Marion County, Florida.

4.

Pursuant to

my

authority as Trustee of the Trust, and acting in that capacity, I transferred

the remaining trust property to the beneficiary, myself, on January 14, 2015.

5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby

terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V the Trust. The total fair

market value of the assets of the Trust is zero. The Trust served its intended purpose of

transferring the property to the beneficiary without going through probate.

6. Pursuant to Fla. Stat.

§

736.0414 Modification or tenn ination of uneconomic trust. (1)

After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property

Book6161/Page1844

CFN#2015009748

Page 1 of 2


11/52

having a total value less than $50,000 may terminate the trust the trustee concludes that the

value o the trust. property

is

insufficient to justify the cost

o

administration.

FURTHER AFFIANT

SA

YETH

NOT,

The foregoing instrument was acknowledged before me, this 2nd day

o

February, 2015,

1=l--'bL

-

t i ~ u

SlD

o;tl

0

y

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 c o ~ t e n t s are

truthful to the best

o

his knowledge, information and belief.

Notary Public State

of

Florida

(SEAL)

Angelica Cruz

My

Commission EE067986

Expires 02127 2015

~ ? J I s 2

Lr0L

NOTAR UBLIC

Print Na o Notary PublIc

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

2

Book6161 Page1845

CFN#2015009748

Page 2 of 2


12/52

Filing # 38872260 E-Filed 03/10/2016 03:23:03 PM

A


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

IN THE CIRCUIT COURT OF THE

FIFTH JUDICI L 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.

NOTICE OF DEFENDANTS CONSENT TO JUDGMENT

Defendants, MARK GILLESPIE and JOETTA 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.

KEL File #13LAW34876

1


17/52

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 St. 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

JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF

MARK GILLESPIE

KEL File 13LAW34876


18/522


19/523


20/524


21/52


22/525


23/52

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'IN TI I.E IR UIT O U R l ~ OF TI-IE FIFTl-J JUDICIAL CIRCUIT

IN AND FOR

MAI{.ION O U N r r Y ~

FLORlDA

CASE NO.: 42-2013-CA-OOOl15-T

I ~ E V E R S E

M O I ~ ~ r G G E

SOLUTiONS, INC,

Plaintiff,

vs.

N I ~ I L 4 . GILLESPIE; ct aI.,

Defendants.

- - - - - - - - - - - _ - - - : : . . . . _ - '

/

bRlD.ER GRANTING

EXT\ENSION

OF

TIM

l ~ l l J S

CAUSE canle before the Court on Defendants' Motion for Extension of

Tinle to tile a response to Plaintiffsfollr (4) Notice of Action(s) due December 28,2015

and

any

other

outstanding

pleading$ that require a

response

by

the,:Defendanr. After

reyiew of the Court file and Defend'allts' rnotion, it is

r

, l ' 1 •

O l ~ . I E I ~ E I

AND

AD,JUllGEI)': 'Defendants'

Motion for

Extensioil of

Time

is

granted. 'he

Defendants

shall

havie hvcnty

(20) calcn'dar 'da)'s

fronl

date

of this

Order to file responsive pleadings.

DONE AND ORDERED in Chambers, Ocala, Florida this

~ y of

January, 2016.

.

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25/52

CERTIEICATE

OF

SERVICE

r

HEREBY CERTIFY that a

true

and accurate

copy of

the foregoing has been provided

by U.S. Mail this dOfJ t[day

of January, 2016

to

the following:

NI:IL J. GIL.LESPIE

8092 SW

115th Loop

O c ~ l a FL

34481

CURTIS WILSON, ESQUIRE

MCCALI-JA

RAYMER, I-.lLC

225

E Robinson Street, Suite

155

Orlando, FL 32801

COLLEEN

MURP]-IY

DAVIS

A S S I S ~ r

ANT UNITED

S T · A T l ~ S A r r T O I ~ N E Y

400 N Tanlpa Street, Suite 3200 .

Tanlpa, FL 33602

OAK RUN HOMEOWNERS ASSOCIA'fION, INC.

7480

SW I.-ligh\vay 200

Ocala, FL 34476

NEf.L GILLESPIE AND MARK tGI.LLESPIE AS

CO-l'RUSTEES OF THE

G J L t J ~ S P I E

'FAMILY

~ I V r N G ~ r R U S ~ r A G R E E M E N T : D ~ t \ T t D

FEBRUARY

10, 1997

8092

SW

115th

Loop

Ocala, FL

34481

UNKNOWN SPOUSE

OF

MARlK GIL.LESPIE

N/KiA JOETTA GILLESPIE

7504 SUIlln1er Meado\vs Drive

Ft.

Worth, TX

76

I23

DEVELOPMENT

CONSTRU.CTION CORP. OF

AMERICA

c/o REGISTERED AGENT: PRIYA GI-IUMMAN

10983

SW

9th

Avenue

Ocala,

FL

34481

UNKNOWN S E T 1 ~ L O R S B E N E : F r C I A R I E S

OF

TI-IE

GILLESPI·E FAMILY

LrVTNG TRUST A · G R E E ~ 1 E N r

DATED

FEBRUARY

1'0, 1997

8092 SW 115th Loop

Ocala,

34481

2


26/52

E L I Z B E ~ r I l

BAUERLE

NIKJ ELIZABE'TI-I BIDWOOD

7504

Sunl111er Meadows

D·rive

Ft.

Worth, TX 76123

UNKNOWN SPOUSE OF ELIZABETH BAUERLE

6356 SW

l06th

Place

Ocala,

FL

34476

MARK GILLESPIE

7504 Sumnler Meadows Drive

Ft. Worth,-'TX 76123

GREGORY C,

HARREL·L

GENERAL COUNSEL

TO DAVID

R, ELLSPERMANN

MARlON COUNTY CLERK

OF

COURT COMPTROLLER

Post Office

Box

1

030

Ocala,

FL

34478-1030

··DA

VrD

R. ELLSPERMANN

MARION COUNTY CLERK OF COURT

&

COMPTROLLER

Post Office Box 1030

Ocala,

FL

34478-1030

Charlotte

B.

~ a l T i s

ludici"al Assistant

3

: ....

..

e


27/52

State of llinois

Illinois epartment of Public Health

VERIFIC TION OF MARRIAGE

the State Registrar ofVital Records, I hereby certify that based on the infoflnation provided,

S_C_O_T_T_ _B_I_D_G_O_O_D and

_L_IZ_ _B_E_T_H_ _B_ _U_E_RL

E

Vanle

o j ~ J l i f e / S p ) u . 5 t >

\vere 111arried

on KAN_E_6_1_1_4_ 2_ _1_3

in

County,

Illinois.

[ ate

Date

issued:

_1_1_15_ _2 _1_6

~ 0,

G nth

Nirav

D

Shah,

~ 1 D J.D.

State Registrar

A certified copy of this marriage record can be obtained only from the

County

Clerk of the

County.

If

you wish to procure a certified copy of the marriage, please contact the

County

Clerk of

KANE

County in , Illinois.

VR-602 O/15r)

lOCI

15-545

7


28/52

8


29/52

DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION February 1, 2016

Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings

3

4. A Verification of Marriage by the State of Illinois, Illinois Department of Health, issued

January 15, 2016 by Nirav D. Shah, M.D., J.D. State Registrar, shows at Exhibit 6: As the State

Registrar of Vital Records, I hereby certify that based on the information provided,

SCOTT A. BIDGOOD and ELIZABETH A. BAUERLE Name of Husband/Spouse Name of Wife/Spouse

were married on 06/14/2013 in Kane County, Illinois.

5. Pursuant to the Order Granting Motion To Withdrawal (Exhibit 7) entered December

2, 2013, paragraph 4, “Defendants shall have an affirmative duty to advise the Court of any

change of address.”, I hereby advise the Court of a change of address for Defendants,

Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) Unknown spouse of Elizabeth

[Elizabeth Bidgood] Bauerle, n.k.a. Scott A. Bidgood

effective December 2, 2013, is the address of the property subject to foreclosure,

8092 SW 115th Loop 8092 SW 115th Loop

Ocala, FL 34481 Ocala, FL 34481

and pursuant to Rule 2.516, I designate my email address for the purpose electronic service of

documents and pleadings in this case,


and state,

A. The actual address is unknown for Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic)

[Elizabeth Bidgood] and the unknown spouse of Elizabeth Bauerle, n.k.a. Scott A. Bidgood.

B. Notice of Defendants’ Consent to Judgment filed by counsel Anthony J. Solomon,

Esq. Florida Bar No. 93057, KAUFMAN, ENGLETT & LYND, PLLC, shows,

1. The Defendants, MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWN

SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH

BIDGOOD, have been named as Defendants in this action.

9


30/52

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-OOOI15

Plaintiff,

v.

(')

c-:. _. .

c..,;,;

_ ..

MARK

GILLESPIE et

al.,

S ~ ~ _ ~ ~ ~ : ; ~ ~

Defendants.

~ ; C J

~

~

ORDER GRANTING MOTION TO

WITHDRAW

c:.: - : 7 (J \

;:

-;:1>:;:

::-

THIS

CAUSE came before the Court at-a hearing on November 25, 2013, upon filing

of

Defendants' counsel's Motion to Withdraw as Counsel (hereinafter, the Motion ). Having

reviewed the Motion, and the Court file and being fully advised in the premises, it is therefore:

ORDERED

and ADJUDGED:

1. That the Motion to Withdraw as Counsel is hereby: GRANTED.

2. That Tiffany

Caparas

Esq. and the Law

Firm

of Kaufman Englet* & Lynd,

PLLC are hereby relieved from representing the Defendants, MARK GILLESpiE

JOETT

A

GILLESPIE AKA

UNKNOWN SPOUSE OF MARK

GILLESPIE

and ELIZABETH

BAUERLE (herein after Defendants ), and relieved of any further responsibility on behalf

of

Defendants.

3.

In the event that Defendants fail to retain new counsel, they shall be.deemed to

represent themselves and shall be served with all future papers and pleadings in this action at:

7504 Summer Meadow Drive, Ft. Worth TX 76123; Phone: (817) 361-5911;

[email protected].

1

10


31/52

:.j

t

4 Defendants shall have an affinnative duty to advise the Court of any change of

address.

DONE

and

ORDERED

in Chambers Marion County Florida this d ~ o f

_

~ 0 1 3

Mailing i s t : ~

Angela M..

Brenwald

Esq.

McCalla Raymer LLC

225 E

Robinson St.

Orlando FL 32801


Counsel or Plaintif

M A R K · G I ~ L E S P I E JOETTA GILLESPIE

AKA

UNKNOWN

SPOUSE

OF

MARK

GILLESPIE

and ELIZABETH

BAUERLE

7504 Summer Meadow Drive

Ft. Worth

TX

76123

Email:

[email protected]

Defendant(s)

Tiffany Caparas Esq.

Kaufman Englett & Lynd PLLC

I ll

N. Magnolia Ave. Suite 1600

Orlando FL 32801

Primary Email: [email protected]

Secondary Email: [email protected]

2


32/5211


33/52


34/52

VIA Email [email protected] December 24, 2014

Gregory C. Harrell

General Counsel to David R. Ellspermann

Marion County Clerk of Court & Comptroller

Ocala, Florida 34475

RE: Clerk’s duty and the civil cover sheet (form 1.997), Rule 1.100(c)(2).

Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., Case No. 13-115-CAT

Dear Mr. Harrell:

You emailed me December 09, 2014 at 4:59 PM about the civil cover sheet (form 1.997):

-The case was designated as a commercial foreclosure by plaintiff's counsel in the civil

cover sheet that the plaintiff is responsible for preparing and filing at the outset of the

case. You will need to take the matter up with the court and/or the plaintiff however you

deem appropriate if you dispute the plaintiff's characterization of the case, as the Clerk has no say in that.

Mr. Harrell, under Rule 1.100(c)(2) “...all proceedings in the action shall be abated until a

properly executed cover sheet is completed and filed...”. This is the Clerk’s duty, see

Rule 1.100(c)(2) Pleadings and Motions.

(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at the

time an initial complaint or petition is filed by the party initiating the action. If the cover

sheet is not filed, the clerk shall accept the complaint or petition for filing; but all

proceedings in the action shall be abated until a properly executed cover sheet iscompleted and filed. The clerk shall complete the civil cover sheet for a party appearing

pro se.

Currently the civil cover sheet (form 1.997) is not “properly executed” as completed and filed.

The Clerk has a ministerial duty under Rule 1.100(c)(2), “...all proceedings in the action shall be

abated until a properly executed cover sheet is completed and filed.”.

When can I expect the Clerk to fulfill its ministerial duties under Rule 1.100(c)(2)?

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop Email: [email protected] Enclosures

Ocala, Florida 34481 Phone: 352-854-7807

12


35/52

RULE 1.100 FLORIDA RULES OF CIVIL PROCEDURE RULE 1.110

CIV-24

such; an answer to a crossclaim if the answer contains

a crossclaim; a third-party complaint if a person who

was not an original party is summoned as a third-party

defendant; and a third-party answer if a third-partycomplaint is served. If an answer or third-party an-

swer contains an afrmative defense and the opposing

party seeks to avoid it, the opposing party shall le

a reply containing the avoidance. No other pleadings

shall be allowed.

(b) Motions. An application to the court for an or-

der 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 fullled if the motion is stated in a written notice of

the hearing of the motion. All notices of hearing shallspecify each motion or other matter to be heard.

(c) Caption.

(1) Every pleading, motion, order, judgment, or

other paper shall have a caption containing the name

of the court, the le number, the name of the rst party

on each side with an appropriate indication of other

parties, and a designation identifying the party ling

it and its nature or the nature of the order, as the case

may be. All papers led in the action shall be styled in

such a manner as to indicate clearly the subject mat-

ter of the paper and the party requesting or obtainingrelief.1

(2) A civil cover sheet (form 1.997) shall be com-

pleted and led with the clerk at the time an initial

complaint or petition is led by the party initiating the

action. If the cover sheet is not led, the clerk shall

accept the complaint or petition for ling; but all pro -

ceedings in the action shall be abated until a properly

executed cover sheet is completed and led. The clerk

shall complete the civil cover sheet for a party appear-

ing pro se.

(3) A nal disposition form (form 1.998) shall beled with the clerk by the prevailing party at the time

of the ling of the order or judgment which disposes of

the action. If the action is settled without a court order

or judgment being entered, or dismissed by the par-

ties, the plaintiff or petitioner immediately shall le

a nal disposition form (form 1.998) with the clerk.

The clerk shall complete the nal disposition form for

a party appearing pro se, or when the action is dis-

missed by court order for lack of prosecution pursuant

to rule 1.420(e).

(d) Motion in Lieu of Scire Facias. Any relief

available by scire facias may be granted on motion

after notice without the issuance of a writ of scire

facias.

1.E.g., “Order Denying Plaintiff’s Motion for Summary Judg-

ment,” “Defendant’s Motion to Compel,” “Order Denying Defen-

dant’s Motion to Dismiss,” “Final Judgment for Plaintiff,” etc.

Committee Notes

1971 Amendment. The change requires a more complete desig-nation of the document that is led so that it may be more rapidly

identied. It also species the applicability of the subdivision to all

of the various documents that can be led. For example, a motion to

dismiss should now be entitled “defendant’s motion to dismiss the

complaint” rather than merely “motion” or “motion to dismiss.”

1972 Amendment. Subdivision (a) is amended to make a reply

mandatory when a party seeks to avoid an afrmative defense in

an answer or third-party answer. It is intended to eliminate thereby

the problems exemplied by Tuggle v. Maddox, 60 So. 2d 158 (Fla.

1952), and Dickerson v. Orange State Oil Co., 123 So. 2d 562 (Fla.

2d DCA 1960).

1992 Amendment. Subdivision (b) is amended to require all

notices of hearing to specify the motions or other matters to be

heard.

RULE 1.110. GENERAL RULES OF

PLEADING

(a) Forms of Pleadings. Forms of action and tech-

nical forms for seeking relief and of pleas, pleadings,

or motions are abolished.

(b) Claims for Relief. A pleading which sets forth

a claim for relief, whether an original claim, counter-

claim, crossclaim, or third-party claim, must state a

cause of action and shall contain (1) a short and plainstatement of the grounds upon which the court’s juris-

diction depends, unless the court already has jurisdic-

tion and the claim needs no new grounds of jurisdic-

tion to support it, (2) a short and plain statement of the

ultimate facts showing that the pleader is entitled to

relief, and (3) a demand for judgment for the relief to


36/52

Form1.997CIVIL COVER SHEET

The civilcoversheetand theinformationcontainedhereinneitherreplacenorsupplementthe filingand service

of

pleadingsorother

papers

as

required

by

law. Thisform s h ~ l I ~ b e . f i ~ d by the plaintifforpetitioner for theuse of theClerkof theCourtfor the purposeof

reportingjudicialworkloaddata pursuani··t


37/52

II. TYPE OF

C SE

(If the case

fits

more

than

one type

of

case, select the most definitive category.) If

the most

descriptive label is a subcategory (is indented under

8

broader category), place an x in

both

the main ~ t g o r y and subcategory boxes.

. 0... .

\

Condominium

Homestead residential foreclosure $0 • $50,000

Discrimination - employment

or

other

Securities litigation

Insurance claims

Trade secrets

Intel1ectual property

Trust litigation

III. REMEDIES SOUGHT (check

all

that apply):

X monetary;

nonmonetary declaratory

or

injunctive relief;

punitive

IV

NUMBER OF CAUSES OF ACTION

[

(specify)

IS

THIS

CASE A CL SS

CTION

LAWSUIT?

yes

X

no

VI HAS

NOTICE

OF ANY KNOWN RELATED CASES BEEN

FILED?

X no

yes

If

"yes," list all related cases by name, case number,

and court.

VII.

IS

JURY

TRIAL

DEMANDED

IN

COMPLAINT?

yes

X no

Signatu

d

in

this cover sheet is accurate to the best of

my

knowledge and belief.

la. Bar# 0029364

Attorney or party

(Bar

#

if

attorney)

Danielle N. Parsons

960921

12 02121 2


38/52


39/52


40/52


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'""

IN

Tf-IE

CIRCUIT COURT

OF TI-IE FIFT1-1

JUDICIAL

CIRCuiT

IN

AND FOR MARION C 1 J N ~ r Y FLORIDA

CASE NO.:

42-2013-CA-000115-T

I ~ V R S

M O I ~ T G G

SOLlJTIONS,

INC,

Plaintiff,

vs.

NEIL J.

GILLESPIE;,

ct ill.,

Defendants.

---------------

/

ORDER GRANrfING

EXTENSION OF

fIME

TJ-IIS CAUSE

came

before the

Court on Defendants'

Motion for Extension

of

'finle to file a response

to Plaintiff's four (4)

Notice of Action(s) due

December 28,2015

and any other outstanding

pleadings that

require a response by the Defendant. After

revie\\1

of

the Court file and Defendants'

tllotion, it ,is

O R D E l ~ E D

AND A.DJUDGED:

D e f e n d a n t s ~

Motion

for

Extension

of

TiIne

is

grnnted. The Defendants shall have

hvcnty

(20) calendar days [roln

~ J ~ e

date

of

this

. -.

Order

to

file responsive

pleadings.

DONE

ND ORDERED Chambers, Ocala, Florida this

-----L1--day

of

January, 2016.

\ . .

.

.

:

. :.:'

.

, , :

• .

7

• ' :

.

,.

,

:

'

I ... ' I •

....... ,


43/52

CERTIFICATE OF SERVICE

I HE.REBY C E R T I ~ Y that a· true and accurate

opy

of the foregoing has 'been provided

by l ~ S

Mail this

~ O C ; [ d a y

of

January,

2016 to

the folIo\ving:

NEIL J. GILLESPIE

8092 SW 115th Loop

Ocala,

FL 34481


MCCALLA RAYMER, LLC'

225

E Robiilson Street, Suite] 55

Oriando, FL 32801

COLLEEN MURPI-IY

DAVIS

ASSIS"rANT UNITED S'TATES A"rTORNEY

400 N Tanlpa Street, Suite 3200

Talnpa) FL 33602

OAK RUN' I-fOMEOWNERS ASSOCIATION, INC.

7480

SW

I-lighway

200

Ocala,

FL

34476

NEIL

GILLESPIE

AND MARK GILLESPIE

AS

CO-TRUSTEES OF TI-IE GILLESPIE FAMILY

LIVING T'RUS'[ G R E E ~ E N T DATED

FEBRUARY

10, 1997

8092 SW 115th Loop

OGala,

FL 34481

UNKNOWN SPOUSE

OF

MARK GILLESPIE

N K A JOETTA GILLESPIE

7504 Sl1l11mer Meado\vs Drive

Ft. Worth,

TX

76123

DEVELOPMENT

&

CONS1"RUCTION CORP. -OF AMERICA·

C/O REGISTERED

AGENT

PRIYA GI-IUMMAN

10983 SW 89th Avenue

Ocala, FL 34481

UNKNOWN S E T 1 ~ L O R S / B E N E F I C I A R I E S

OF

TI-IE

GILLESPIE FAMILY LIVING TRUST AGREEMENT

DATED FEBRUARY 10,1997

8092 SW 115th Loop

Ocala, FL 34481

2


44/52

ELIZA.BETH BAUERLE

N KJA E L I Z A B E ~ I I BIDWOOD

7504 Sun11ner Meadows Drive

Ft. Worth,

TX

76123

UNKNOWN SPOUSE OF ELIZABETH BAUERT IE

6356 SW l06th Place

Ocala, FL 34476

MAR.K GILLESPIE

7504 Sumnlcr Meadows Drive

Ft. Worth,

TX

76123

GREGORY

C.

HARREL·L .

GENERAL

COUNSEL

TO DAVID R. ELLSPERMANN

MARION COUNTY CLERK

OF

COURT COMPTROLJLER


Ocala,

FL

34478-1030

DAVrD R. ELLSPERMANN

MARION

COUNTY CLERK

OF

COURT COMP TROLLER


Ocala, FI-J 34478-1 030

Charlotte

B. I-Iarris,

u d i c i ~ l

Assistant

3

. t 4.;:CV $.¥? 4Ai' « .

4 •


45/52

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46/52

IN TI·IE

CIRCUIT

COUR1' OF TI-IE FIFTI-I

JUDICIAL CIRCUIT

IN AND FOR MARION COUNTY,

"FLORIDA

CASE NO.: 42':2013-CA-000115-T

I ~ E V E R S E M O l ~ T G A G E S O L U T I O N S INC,

Plaintiff,

vs.

NEIL tJ.

GILLESPIE; ct aI.,

Defendants.

/

ORDER GRANTING

EXTENSION

OF

rrIME

TlIIS CAUSE caIne before the Cowt

on

Defendants'

Motion·

for Extension

of

Tinle to file a·response to ~ l a i n ~ i f f s four{4) Notice of Action(s) due December 28,2015

and any other outstanding pleadings that require response by the .Defendant. After

revie\v

of

the Court file and Defendants'

1110tion, it

is

O R E I ~ E AND ADtlVllGED:

De

fcnd'.lnts , Motion for:'ExtcllSioll' 9 f . , t i l 1 ~ e is

grunted. The

Defendants

shall

~ y ~ n t y

(7.0)· c a l c ~ d a r

~ a ) 7 s ·

..frQI:r}

!he q ~ t e

of

t J l i ~

• I •

Order to file responsive pleadings.

, ·.DONE ND ORDERED

m Chambers, Ocala, Florida this

~ y of

January,.20

16

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47/52

CER1'IFICATE

OF SERVICE

I I-IEREBY

CERTIFY

that a true and accurate

copy of

foregoillg· has been

provided

'.

by U.S. Mail this

,.: Olltfday

of

January,

20.}·6

to the

follo\ving: . .

NEIL

J.

GILLESPIE

8092

SW

1] 5th Loop

Ocala, FL 3448 I


MCCAIJLA RAYMER, LLC

225

E

Robinson Street, Suite

·155

Orlando, FL 32801

COLLEEN

MURPI-IY

DAVIS

ASSIS1-'ANT UNITED

STATES

ATTORNEY

400 N Tan1pa Street, Suite 3200

Tanlpa,

F.L

33602

OAK

RUN

I-IOMEOWNERS .ASSOCIATION, INC.

7480

SW

Highway 200'

Ocala, FL 34476

NEIL GILLESPIE AND M I ~ K GILLESPIE AS

CO-TRUSTEES OF

T.I-IE

GILLESPIE FAMILY

LIVING T'RUS'[ G R E E ~ E N T DATED FEBRUARY 10,1997

8 92 SW 115th Loop

FL 3448 I

UNKNOWN SPOUSE OF MARK GILLESPIE

N K A JOETTA GILLESPIE

7504 Slunn1er Meado\vs Drive

Ft. Worth, TX 76123

DEVELOPMENT & CONSTRUCTION CORP.

OF

AMERICA·

c o

REGISTERED AGENT:

PRIY

A GHYMMAN

10983 SW 89th

v e n ~ e

Ocala, FL .34481

UNKNOWN SETTL,ORS/BENEFICIARIES OF

TI-IE

GILLESPIE FAMILY LIVING TRUST G R E E ~ E N T

DATED FEBRUARY 10, 1997

8 92 SW 115th Loop

Ocala,

Fl.l

34481

2


48/52

ELIZABETH BAUERLE

N KJA ELIZABET'H BIDWOOD

7504 Sun'llner Meadows Drive

Ft. Worth,

TX

76123

UNKNOWN

SPOUSE·G.F

ELIZABETH

BAUERL.E

6356 SW l06th Place

Ocala, FL· 34476

MARK GILLESPIE

7504 Summer Meadows Drive

Ft. Worth, TX 76123

GREGORY

C. HARREL·L

GENERAL COUNSEL TO DAVID R.

ELLSPERMANN

M RION

COUNTY CLERK

O P

COURT

'COMPTROLLER


Ocala, F.L 34478-1030

DAVrD R. EL-LSPERMANN

MARION COUNTY CLERK OF COURT

O M P T R O L L I ~ R


Ocala, FL 34478-1030

Charlotte B. I-Iarris, Judicial ~ s i s t n t

3


49/52

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.,

CASE NO.: 2013-CA-000115

Plaintiff, 42-2013-CA-000115-AXXX-XX

vs. Residential HECM Foreclosure Case

Florida Homestead of Neil J. Gillespie

NEIL J. GILLESPIE AND MARK GILLESPIE F.S. § 702.015 Note missing

AS CO-TRUSTEES OF THE GILLESPIE Rule 1.115 Pleading Mortgage Foreclosures

FAMILY LIVING TRUST AGREEMENT Civil cover sheet wrong. Rule 1.100(c)(2)

DATED FEBRUARY 10, 1997, ET AL. False Official Statements. F.S. § 837.06

F.S. § 92.525 Verification of documents

Defendants.

________________________________________/

DEFENDANTS’ SECOND MOTION TO EXTEND TIME TO RESPOND

Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C)

Defendant Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part III) of

the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 (“Terminated

Trust”), is an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and

court services affecting interstate commerce, a consumer of personal, family and household

goods and services, consumer transactions in interstate commerce, a person with disabilities, and

a vulnerable adult, henceforth in the first person, reluctantly appears pro se, and moves to extend

time to respond, Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C), and states:

1. The court entered on January 19, 2016 ORDER GRANTING EXTENSION OF TIME:

THIS CAUSE came before the Court on Defendants' Motion for Extension of Time to

file a response to Plaintiffs four (4) Notice of Action(s) due December 28, 2015 and any

other outstanding pleadings that require a response by the Defendant. After review of theCourt file and Defendants' motion, it is

ORDERED AND ADJUDGED: Defendants' Motion for Extension of Time is granted.

The Defendants shall have twenty (20) calendar days from the date of this Order to file

responsive pleadings.

Filing # 37832720 E-Filed 02/15/2016 11:57:25 PM

17


50/52

DEFENDANTS’ SECONS MOTION TO EXTEND TIME TO RESPOND February 15, 2016


2

DONE AND ORDERED In Chambers, Ocala, Florida this 19 day of January, 2016.

2. RULE 2.514. COMPUTING AND EXTENDING TIME and Order Granting Extension

of Time. Monday, February 15, 2016 is the last date file responsive pleadings.

Pursuant to Rule 2.514(a)(1)(A), Florida Rules of Judicial Administration, twenty (20) calendar

days from January 19, 2016 is February 9, 2016.

(a) Computing Time. The following rules apply in computing time periods specified in

any rule of procedure, local rule, court order, or statute that does not specify a method of

computing time.

(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a

longer unit of time

(A) exclude the day of the event that triggers the period;

Pursuant to Rule 2.514(b), 5 days are added for mailing, which is Sunday, February 14, 2016.

(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).

Pursuant to Rule 2.514(a)(1)(C), Monday, February 15, 2016 is the last date file responsive

pleadings because February 14, 2016 falls on Sunday, the period continues to run until the end of

the next day that is not a Saturday, Sunday, or legal holiday.

(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legalholiday, or falls within any period of time extended through an order of the chief justice

under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to

run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does

not fall within any period of time extended through an order of the chief justice.

3. I hereby move under Fla.R.Civ.Pro. 1.090(b)(1) for a second extension of twenty (20)

due to disability and illness.

4. This motion to extend time is made in good faith, and not for the purpose of delay.

5. I am a person with disabilities. This Court previously denied my request for disability

accommodation under the Americans with Disabilities Act.

WHEREFORE, I respectfully move for a twenty (20) day extension of time.

RESPECTFULLY SUBMITTED February 15, 2015.


51/52



3

Neil J. Gillespie, individually, and former Trustee,

F.S. Ch. 736 Part III, of the Terminated Trust

8092 SW 115th Loop

Ocala, Florida 34481

Phone: 352-854-7807


Service List February 15, 2015

I hereby certify the following names were served by email today February 15, 2015

through the Florida Portal.

Neil J. Gillespie

The Honorable Jennifer Bass

Circuit Court Judge

Fifth Judicial Circuit

110 NW 1ST Avenue, Room 507

Ocala, FL 34475


Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA

McCalla Raymer, LLC 400 N. Tampa Street, Suite 3200

225 E. Robinson Street, Ste. 660 Tampa, FL 33602

Orlando, FL 32801 Email: [email protected]

Email: [email protected] [email protected]

[email protected]

Gregory C. Harrell David R. Ellspermann Marion County Clerk

General Counsel to David R. Ellspermann, of Court & Comptroller

Marion County Clerk of Court & Comptroller P.O. Box 1030

P.O. Box 1030 Ocala, Florida 34478-1030Ocala, Florida 34478-1030 Email: [email protected]


Development & Construction Corporation Oak Run Homeowners Association, Inc.

of America, c/o Carol Olson, Vice President c/o Board of Directors, [email protected]

of Administration and Secretary-Treasurer,

for RA Priya Ghumman


52/52



10983 SW 89 Avenue

Ocala, FL 34481


Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living TrustAgreement dated February 10, 1997

8092 SW 115th Loop

Ocala, FL 34481


Neil J. Gillespie Mark Gillespie

8092 SW 115th Loop 7504 Summer Meadows Drive

Ocala, FL 34481 Ft. Worth, TX 76123


Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie7504 Summer Meadows Drive

Ft. Worth, TX 76123


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 Bidgood8092 SW 115th Loop

Ocala, FL 34481


Unknown spouse of Elizabeth Bidgood, n.k.a. Scott Bidgood

8092 SW 115th Loop

Ocala, FL 34481


defendants’ motion to strike plaintiff’s motion to default

Documents