defendants’ verified motion for reconsideration fla. r. jud. admin., rule 2.330(h), prior rulings
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THIS IS NOT A COMMERCIAL FORCLOSURE IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY
REVERSE MORTGAGE SOLUTIONS, INC.,
CASE NO.: 2013-CA-000115
Plaintiff, 42-2013-CA-000115-AXXX-XX
vs. Disputed HECM Residential Foreclosure
Florida Homestead of Neil J. Gillespie
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE This is Not a Commercial Foreclosure:
FAMILY LIVING TRUST AGREEMENT Note missing. F.S. § 702.015/Rule 1.115
DATED FEBRUARY 10, 1997, ET AL. Civil cover sheet wrong. Rule 1.100(c)(2)
False Official Statements. F.S. § 837.06
Defendants.
________________________________________/
DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION
Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
Defendant Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part III) of
the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 (“Terminated
Trust”), an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and court
services affecting interstate commerce, a consumer of personal, family and household goods and
services, consumer transactions in interstate commerce, a person with disabilities, and a vulnerable
adult, henceforth in the first person, reluctantly appears pro se, and files this verified motion to
reconsider prior rulings of Judge Hale R. Stancil under Rule 2.330(h), Florida Rules of Judicial
Administration, and states:
1. I move to reconsider the prior rulings of Judge Hale R. Stancil (“Judge Stancil”) in this
case under Rule 2.330(h), Florida Rules of Judicial Administration:
RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES
(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may be
reconsidered and vacated or amended by a successor judge based upon a motion for
reconsideration, which must be filed within 20 days of the order of disqualification,
unless good cause is shown for a delay in moving for reconsideration or other grounds for
reconsideration exist.
Filing # 37275536 E-Filed 02/02/2016 12:05:18 AM
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DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION February 1, 2016
Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
2
2. On January 12, 2016 my Filing # 36445015 E-Filed 01/12/2016 at 12:09:42 PM,
DEFENDANTS’ MOTION FOR CLERK TO REASSIGN CASE TO ANOTHER
JUDGE, Rule 2.330(j) Florida Rules of Judicial Administration
disqualified Judge Stancil by default effective December 11, 2015, upon Judge Stancil’s failure to
respond within 30 days time under Rule 2.330(j) to the,
AFFIDAVIT OF NEIL J. GILLESPIE MOTION TO DISQUALIFY JUDGE HALE
STANCIL NOV-09-2015, Filing # 34313389 E-Filed 11/11/2015 03:01:30 AM
3. I hereby move for rehearing under Rule 2.330(h) all prior rulings of Judge Stancil that
affect my rights, and the rights of the Gillespie Family defendants, including,
• ORDER FROM CASE MANAGEMENT CONFERENCE, January 6, 2015 (Exhibit 1)
THIS CAUSE having come before the Court at a duly scheduled Case Management
Conference and Hearing on all Motions, and the Court being fully advised in the
premises, it is hereby ORDERED and ADJUDGED that:
1. Defendant's Motion to Dismiss is hereby DENIED
2. Defendant's Motion to Disqualify Judge Hale Stancil is hereby DENIED
3. Defendant's Motion to Quash Service of Process is hereby DENIED
4. Defendant is hereby ordered to file an Answer to the Plaintiff's Complaint
within 20 days of the execution of this order.
• Orders and Rulings that denied disability accommodation under the ADA, the Americans
With Disabilities Act, for Neil J. Gillespie.
• ORDER DENYING DEFENDANT'S MOTION DISQUALIFY HALE STANCIL,
December 18, 2014. (Exhibit 2)
• ORDER DENYING DEFENDANT'S SECOND MOTION TO DISQUALIFY JUDGE
HALE STANCIL, February 5, 2014. (Exhibit 3)
• ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY JUDGE HALE
STANCIL, December 12, 2015. (Exhibit 4)
• ORDER DENYING DEFENDANT'S MOTION TO STRIKE SHAM PLEADINGS,
December 12, 2015. (Exhibit 5). Note: This Order was entered while the AFFIDAVIT OF
NEIL J. GILLESPIE MOTION TO DISQUALIFY JUDGE HALE STANCIL NOV-09-
2015, Filing # 34313389 E-Filed 11/11/2015 03:01:30 AM, was pending, and is therefore
void.
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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,
Email: [email protected] Email: [email protected]
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.
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DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION February 1, 2016
Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
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2. Plaintiff is seeking to recover the property located at 8092 SW 115th Loop, Ocala, FL
34481 based on an "event of default" under the terms of the Adjustable Rate Note (Home
Equity Conversion) a/k/a "reverse mortgage".
3. Because this is a reverse mortgage, the Defendants have no financial liability under the
terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4. Defendants do not wish to contest entry of final judgment against Defendants.
5. The Defendants desire swift resolution to this action so they hereby give consent to
having Judgment entered in favor of the Plaintiff in this action.
6. The Plaintiff knowingly and wrongly filed this action as a “commercial foreclosure” on
its civil cover sheet (Exhibit 8) violation of Rule 1.100(c)(2) Pleadings and Motions, when in
fact the Plaintiff and its counsel knows this is a residential foreclosure of my Florida homestead.
7. On February 7, 2015, I filed my affidavit of residential homestead,
AFFIDAVIT OF NEIL J. GILLESPIE OF RESIDENTIAL HOMESTEAD
THIS IS NOT A COMMERCIAL FORCLOSURE
Filing # 23497600 E-Filed 02/07/2015 11:56:00 PM
8. I notified Gregory C. Harrell, General Counsel to David R. Ellspermann, Marion County
Clerk of Court & Comptroller by letter December 24, 2014 (Exhibit 9) of the Clerk’s duty and
the civil cover sheet (form 1.997), Rule 1.100(c)(2), in part:
Mr. Harrell, under Rule 1.100(c)(2) “...all proceedings in the action shall be abated until
a properly executed cover sheet is completed and filed...”. This is the 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 is
completed and filed. The clerk shall complete the civil cover sheet for a party appearing
pro se.
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DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION February 1, 2016
Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
5
Currently the civil cover sheet (form 1.997) is not “properly executed” as completed and
filed. The Clerk has a ministerial duty under Rule 1.100(c)(2), “...all proceedings in the
action shall be abated until a properly executed cover sheet is completed and filed.”.
As of today Clerk David R. Ellspermann has not abated the proceedings until a properly
executed cover sheet is completed and filed. Rule 1.100(c)(2).
9. The Plaintiff has failed to comply with Florida Statutes Chapter 702, Foreclosure of
Mortgages and Statutory Liens, and section 702.015 Elements of complaint; lost, destroyed, or
stolen note affidavit. The Plaintiff, inter alia, has not filed the original note with the Clerk.
10. The Plaintiff has failed to comply with Florida Rules of Civil Procedure, Rule 1.115,
Pleading Mortgage Foreclosures and subparts (a) through (e). The Plaintiff, inter alia, has not
filed the original note with the Clerk.
WHEREFORE, I move the Court to reconsider the prior rulings of Judge Hale R. Stancil
(“Judge Stancil”) in this case under Rule 2.330(h), Florida Rules of Judicial Administration.
VERIFICATION OF NEIL J. GILLESPIE
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
RESPECTFULLY SUBMITTED February 1, 2016.
Neil J. Gillespie, individually, and former Trustee,
F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th LoopOcala, Florida 34481
Phone: 352-854-7807
Email: [email protected]
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DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION February 1, 2016
Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
6
Service List February 1, 2016
I hereby certify the following names were served by email today February 1, 2016
through the Florida Portal.
Neil J. Gillespie
Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA
McCalla Raymer, LLC 400 N. Tampa Street, Suite 3200
225 E. Robinson Street, Ste. 660 Tampa, FL 33602
Orlando, FL 32801 Email: [email protected]
Email: [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 34478-1030
Ocala, Florida 34478-1030 Email: [email protected]
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 Ghumman10983 SW 89 Avenue
Ocala, FL 34481
Email: [email protected]
NOTE: The Gillespie Family Living Trust Agreement dated February 10, 1997 was terminated
February 2, 2015, see attached.
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 34481Email: [email protected]
Email: [email protected]
Neil J. Gillespie Mark Gillespie
8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: [email protected] Email: [email protected]
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DEFENDANTS’ VERIFIED MOTION FOR RECONSIDERATION February 1, 2016
Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
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Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: [email protected]
NOTE: There are no “Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust
Agreement dated February 10, 1997”. See
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: [email protected]
NOTE: Address update for Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) [Bidgood] NOTE: Address update for Unknown spouse of Elizabeth Bauerle, n.k.a. Scott A. Bidgood. See
attached the Verification of Marriage. Exhibit x.
Elizabeth Bauerle n/k/a Elizabeth Bidwood (sic) Unknown spouse of Elizabeth Bauerle,
[Elizabeth Bidgood] n.k.a. Scott A. Bidgood
8092 SW 115th Loop 8092 SW 115th Loop
Ocala, FL 34481 Ocala, FL 34481
Email: [email protected] Email: [email protected]
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NE AND ORD ERED at Marion County Florida this
; 20/L7 .
CIRCUIT JUDGE
11.
REVERSE MORTGAGE SOLUTIONS,
INC.,
Plaintiff
vs.
NEIL J. GILLESPIE AND M ARK
GILLESPIE AS CO -TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10
1997 et al.
IN THE CIRCUIT COURT OF TH E FIFTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
CASE NO.42-2013-CA-000115-AXXX-
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Defendants.
ORDER FROM C SE M N GEMENT CONFERENCE
THIS CAUSE having come before the Court at a duly scheduled Case Management Conference
and Hearing on all Motions, and the Court being fully advised in the premises, it is hereby
ORDERED and ADJUDGED that:
1.
Defendant s Motion to Dismiss is hereby DENIED
2.
Defendant s Motion to Disqualify Judge Hale Stancil is hereby DENIED
3.
Defendant s Motion to Quash Service of Process is hereby DENIED
4. Defendant is hereby ordered to file an Answer to the Plaintiff s Complaint within 20
days of the execution of this order.
Copies to pa rties on the attached service list.
3 6 6 8 8 6 3
2 0 2 1 2 1 2
1
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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
66886
2 0 2 1 2 1 2
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Mark Gillespie
7504 Summer MeaclOws Drive
Ft. Worth TX 76123
Neil J. Gillespie
8092 SW 115TH LOOP
OCALA FL 34481
C E R T I F Y T H A T A N O R I C 6 1 4 1 C O P Y
FER EOF HA S SEEA Ft iRMED BY U S P S
M A I L : i 0 :
D 0
66886
2 0 2 1 2 1 2
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IN
THE
CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT
IN
AND
FOR MARION COUNTY, FLORIDA
REVERSE MORTGAGE SOLUTIONS,INC.,
Plaintiff,
vs.
CASE NO.: 2013-CA-0115
NEIL
J.
GILLESPIE AND MARK
GILLESPIE AS CO-TRUSTEES
OF THE GILLESPIE FAMILY
LnnNGTRUSTAGREEMENT
DATED FEBRUARY 10, 1997, et al.,
Defendants.
_. /
ORDER DENYING DEFENDANT S MOTION DISQUALIFY HALE
STANCIL
THIS CAUSE
comes before the Court on Defendant,
NEIL J.
GELLESPIE s, Motion
to Disqualify
Hall
Stancil, filed
with the
Clerk on December 18, 2014. Defendant requests
that the undersigned be disqualified from presiding over the above-styled case. After a
review of
the
Motion,
the
Court finds Defendant,
NEIL J.
GELLESPIE s, Motion to be
legally insufficient.
It
is hereby,
ORDERED:
Defendant,
NEIL
J.
GELLESPIE s, Motion
to
Disqualify
Hall
Stancil
is DENIED.
ORDERED n Ocala, Florida, this f day of December, 2014.
ER.STANCIL
Circuit Court
Judge
Page of 3
2
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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
nlk a
Joetta Gillespie
7504
Summer
Meadows Drive
Ft
Worth TX 76123
Development Construction Corporation of America
lo Registered Agent:
Priya Ghumman
10983 SW 89 Avenue
Ocala FL 34481
Unknown SettlorslBeneficiaries of The Gillespie Family Living Trust Agreement dated
February 10 1997
8092 SW 115th Loop
Ocala
FL
34481
Elizabeth Bauerle nlkJa
Elizabeth
Bidwood
7504 Summer Meadow Drive
Ft Worth TX 76123
Unknown spouse of
Elizabeth Bauerle
6356 SW l06th Place
Ocala FL 34476
Colleen
Murphy
Davis
Assistant
United
States
Attorney
400 N. Tampa Street Suite 3200
Tampa FL 33602
Mark
Gillespie
7504 Summer Meadows Drive
Ft
Worth TX 76123
Neil J Gillespie
8092 SW 115th Loop
Ocala
FL
34481
Page
2
of 3
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•
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HALE R STANCIL
CIRCUIT JUDGE
Marion County Judicial Center
110 N.W. 1st Avenue, Room 2017
Ocala, FL 34475
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17/34
IN THE
CIRCUIT COURT OF THE
FIFTH
JUDICIAL CIRCUIT
IN
AND
FOR MARION COUNTY FLORIDA
REVERSE MORTGAGE SOLUTIONS INC.
Plaintiff
vs.
CASE NO.: 2013-CA-Ol15
NEIL
J.
GILLESPIE AND MARK
GILLESPIE AS
CO-TRUSTEES
OF THE GILLESPIE FAMILY
LDnNGTRUSTAGREEMENT
DATED FEBRUARY 10 1997 et al.
Defendants.
_ . /
ORDER DENYING
DEFENDANT'S
SECOND
MOTION TO DISQUALIFY JUDGE
HALE
STANCIL
THIS CAUSE comes before the Court on the Second Motion to Disqualify Judge
Hale Stancil filed by Defendant NEIL J GELLESPIE on
February
3 2015. Defendant
requests that
the
undersigned be disqualified from presiding over
the
above-styled case.
Mer
a review of
the
Motion
the
Court finds
the
Second Motion to Disqualify Judge Hale
Stancil filed by Defendant NEIL
J.
GELLESPIE to be legally insufficient. It
is
hereby
ORDERED: The Second Motion to Disqualify Judge
Hale
Stancil filed by
Defendant NEIL
J.
GELLESPIE is
DENIED.
ORDERED in
Ocala Florida this
.5
day of February 2015.
/
ER.
STANCIL
Circuit Court
Judge
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 February 2015 to
the
following:
Page of 2
3
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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
Ghurrtnian
10983 SW 89 Avenue
Ocala, FL 34481
Unknown SettlorslBeneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997
8092
SW
115th Loop
Ocala, FL 34481
Elizabeth Bauerle n k/a
Elizabeth
Bidwood
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
Curtis
Wilson, Esq.
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Page 2of2
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H LE R. STANCIL
CIRCUIT JUDGE
FIFTH JUDICIAL CIRCUIT OF FLORIDA
Marion County Judicial Center
110N.W.lstAvenue,Room2017
Ocala, FL 34475
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20/34
IN THE
CIRCUIT COuRT
OF THE
FIFTH
JUD ICIAL CIRCUIT IN AND
FOR
MARION COUNTY FLORIDA
REVERSE MORTGAGE SOLUTIONS
INC.
Plaintiff
vs.
CASE NO.: 2013-CA-Ol15
NEIL J.
GILLESPIE
AND MARK
GILLESPIE AS CO-TRUSTEES
OF THE
GILLESPIE
FAMILY
LIVING TRUST AGREEMENT
DATED FEBRUARY 10 1997 et al.
Defendants.
_/
ORDER DENYING DEFENDANT S
MOTION
TO
DISQUALIFY
JUDGE
HALE STANCIL
THIS CAUSE
comes before the Court on the Motion to Disqualify
Judge Hale
Stancil filed by Defendant NEIL
J.
GILLESPIE on November 6,2015. Defendant requests
that the
undersigned
be disqualified from
presiding
over the above-styled case.
Mter
a
review of
the
Motion the
Court
finds
Defendant s
Motion to be legally insufficient. It is
ORDERED: The
Motion to Disqualify Judge
Hale
Stancil filed by
Defendant NEIL
J. GILLESPIE is DENIED.
ORDERED in Ocala Florida this 2 day of No ember, 2015
CERTIFICATE OF SERVICE
I
hereby
certify that a true and
accurate
copy of the foregoing has
been
provided by
US/Interoffice
mail
this ~ d y
of
November 2015 to the following:
Oak Run Homeowners Association Inc.
7480
SW Highway
200
Ocala
FL
34476
Page
1 of 2
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8/20/2019 Defendants’ Verified Motion for Reconsideration Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
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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
Unknown spouse of Mark Gillespie n/kIa
Joetta
Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Development Construction Corporation
of
America
lo
Registered Agent:
Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Unknown SettlorslBeneficiaries of TIle Gillespie
Family
Living Trust
Agreement dated
February
10, 1997
8092 SW
115th
Loop
Ocala, FL 34481
Elizabeth
Bauerle
n/kIa
Elizabeth
Bidwood
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
Curtis
Wilson, Esq.
McCalla Raymer, LLC
225 E. Robinson
Street
Ste. 660
Orlando,
FL
32801
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---
H L
•
. STANCIL
CIRCUIT JUDGE
Marion County Judicial Center
110 N.W. 1st Avenue, Room 2017
Ocala, FL 34475
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021P 000.70
0000859270 NOV 13
2015
MAILED FROM ZIP
CODE 34475
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8/20/2019 Defendants’ Verified Motion for Reconsideration Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
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IN THE
CIRCUIT COURT OF THE
FIFTH
JUDICIAL CIRCUIT IN AND
FOR MARION COUNTY, FLORIDA
REVERSE MORTGAGE SOLUTIONS,
INC.,
Plaintiff,
vs.
CASE NO.: 2013-CA-0115
NEIL J GILLESPIE AND MARK
GILLESPIE AS CO-TRUSTEES
OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997, et al.,
Defendants.
_ . /
ORDER DENYING DEFENDANT S MOTION TO STRIKE
SHAM
PLEADINGS
THIS CAUSE
comes before
the Court
on the Motion to Strike Sham Pleadings, filed
by Defendant
NEIL
J. GILLESPIE on November 6,2015.
Defendant
GILLESPIE requests
this
Court strike multiple pleadings filed by Plaintiff, REVERSE MORTGAGE
SOLUTIONS, INC., because,
as
Defendant
GILLESPIE claims,
the
pleadings
are
a sham.
Striking of a pleading because it is a
sham
is
warranted if the
pleading is a mere pretense,
set
up
in bad
faith and
without
color of fact. Destiny Constr. Co
v
Martin K Eby Constr.
662 So 2d 388 (Fla. 5
th
DCA 1995). Here, Defendant GILLESPIE has failed to
meet his
burden
and has
not established
that any of the documents
he
claims to be a sham are a
mere pretense, set up in bad faith and
without
color of fact. Therefore, it is,
ORDERED: The Motion to Strike Sham Pleadings, filed by Defendant NEIL J.
GILLESPIE, is DENIED.
Page
1
of
3
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CERTIFICATE
OF SERVICE
I hereby certify that a
true
and accurate copy of
the
foregoing
has
been provided by
US/Interoffice
mail this
of November, 2015, 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 344.81
Unknown
spouse
of Mark Gillespie n1k/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 nlkJa 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
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of
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Curtis Wilson Esq.
McCalla Raymer LLC
225 E. Robinson Street Ste. 660
Orlando FL 32801
Sue
Sta.l...Ll° ]
-
Judicial Assistant
Page
3
of
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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
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IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT OF
FLORIDA IN AND MARION COUNTY
GENERAL JURISDICTION DIVISION
REVERSE MORTGAGE SOLUTIONS, INC., Case No.: 2013-CA-000115
Plaintiff,
V
MARK GILLESPIE , et al.,
Defendants
ORDER GRANTING MOTION TO WITHDRAW
THIS CAUSE
AUSE
came before the Court at a hearing on
November 25, 2013,
upon filing of
Defendants' counsel's Motion to Withdraw as Counsel (hereinafter, the Motion ). Having
reviewed the Motion, and the Court file and being fully advised in the premises, it is therefore:
ORDERED
and
ADJUDGED:
1
That the Motion to Withdraw as Counsel is hereby:
GRANTED
2.
That
Tiffany Caparas, Esq.
and the
Law Firm of Kaufman, Englett Lynd,
PLLC
are hereby relieved from representing the Defendants,
MARK GILLESPIE, JOETTA
GILLESPIE AKA UNKNOWN SPOUSE OF MARK GILLESPIE and ELIZABETH
BAUERLE
(herein after Defendants ), and relieved of any further responsibility on behalf of
Defendants
3.
In the event that Defendants fail to retain new counsel, they shall be deemed to
represent themselves and shall be served with all future papers and pleadings in this action at:
7504 Summer Meadow Drive, Ft. Worth, TX 76123; Phone: (817) 361-5911; Email:
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norable Circuit Judge
4
efendants shall have an affirmative duty to advise the Court of any change of
address
DONE and ORDERED in Chambers, Marion County, Florida this -—day_of
6
1 2013.
Mailing List
Angela M. Brenwald, Esq.
McCalla Raymer LLC
225 E. Robinson St.
Orlando, FL 32801
Email: [email protected]
ounsel for Plaintiff
MARK GILLESPIE, 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
111 N. Magnolia Ave., Suite 1600
Orlando, FL 32801
Primary Email: [email protected]
Secondary Email: [email protected]
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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
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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
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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
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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
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8/20/2019 Defendants’ Verified Motion for Reconsideration Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
33/34
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
-
8/20/2019 Defendants’ Verified Motion for Reconsideration Fla. R. Jud. Admin., Rule 2.330(h), Prior Rulings
34/34