Thomas A David-OSCA-response To Waiving Costs For Public Records

Jorge Labarga Patricia(PK)Jameson
Chief Justice StateCourtsAdministrator

OfficeoftheStateCourtsAdministrator
ThomasA. David
GeneralCounsel
Phone:(850)922-5109 Fax: (850)410-5301
e-mail:davidt@f1courts.org
July30,2014
Mr.NeilJ. Gillespie ViaElectronicMailOnly
8092SW 115thLoop atneilgillespieCq)n1ti.net
Ocala,Florida34481
RE: PublicRecordsRequest- datedMay27,2014
DearMr.G"illespie:
Thisletteris inresponsetoyourletterdatedJuly30,2014,deliveredbyelectronicmail
tomeonthesamedate.
Youquotedmyemailassayingthe"court'sinvoicewasonly$87.63total." You,then,
pointed out that $87.63 was a substantial amount to you, which missed the point ofmy
reference. Thereason IcitedtheamountoftheCourt'sinvoiceandmodifieditwiththeword
"only"isthatyourletterdidnotcitetheamountchargedbytheCourtandcontainedreferences
only to the much more substantial amount charge by The Florida Bar. While this issue is
renderedmootwithinthecontextof yourlatestletteraskingforallchargestobewaived,Iwant
toensureyouthatIrespecteverypennythisofficechargessomeoneforpublicrecords.
Noone,indigentornot,hasarighttofreepublicrecordsunderRule2.420,Fla.R. Jud.
Admin., whichrequirespaymentoffees pursuantto Section 119.07,Fla. Stat. See Roesch v.
State, 633 So.2d 1(Fla. 1993). TheFloridacourtshaveheldthat"chargingafee forcopying
judicial records does not interfere with [the requester's] constitutionally protected right to
access." WFTV, Inc. v. Wilken, 675 So. 2d674,676(Fla. Dist. Ct. App. 1996)(citingRoesch
v. State, supra).
The Supremacy Clause is implicated onlywhen there is a directconflictbetweenthe
state law and federal law and only when the state is clearly subjectto the provisions ofthe
federal law. Thefederal FreedomofInformationAct(FOIA), byitsterms, is applicableonly
to executive agencies ofthe Federal Government. FOIA is inapplicableto state government
publicrecords.Additionally,thereisnorighttoaccesstopublicrecordsundertheUnitedStates
Constitution.Therefore,theSupremacyClausedoesnotapplyinthissituation.
Atthistime,itwouldnotbeprudentformetowaivethe fees indicatedontheinvoice.
As Istatedinmypreviousemail,ifyouwanttoselecttoreceiveaportionoftherecordsyou
SupremeCourtBuilding 500South Duval Street TalJahassee,Florida32399-1900 http://www.flcourts.org
Mr. Neil Gillespie
July 30, 2014
Page 2
requested, you may pay only the charges for that portion on the invoice. We could provide the
selected records to you, and you would incur a much lower cost. If you choose to do so, please,
make any check or money order payable to the State of Florida, and include "public records
costs" in the memo line.
Respectfully,
Thomas A. David
TAD/
Cc: John A. Tomasino, Clerk
Florida Supreme Court

John F. Harkness, Jr., Executive Director
The Florida Bar
iharkness(c!{tlabar.org

Neil Gillespie
From: "Tad David" <davidt@flcourts.org>
To: "'Neil Gillespie'" <neilgillespie@mfi.net>
Cc: "J ack Harkness" <jharkness@flabar.org>; "J ohn A. Tomasino" <tomasino@flcourts.org>
Sent: Wednesday, J uly 30, 2014 11:40 AM
Attach: Ltr to N Gillespie (T David) 7-30-2014.pdf
Subject: RE: Motion to proceed in forma pauperis, and waive fees for public records
Page 1of 3
8/10/2014
Mr. Gillespie:

Please, find attached my letter in response to your correspondence earlier today.

Thomas A. "Tad" David
General Counsel
Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399
Phone: (850) 488-1824
Fax: (850) 410-5301
davidt@flcourts.org

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Sent: Wednesday, July 30, 2014 3:00 AM
To: Tad David
Cc: Jack Harkness; John A. Tomasino; Neil Gillespie
Subject: Re: Motion to proceed in forma pauperis, and waive fees for public records

Mr. David, please find attached my response. The paper copy will be delivered to you/OSCA J uly 31, 2014. Thank you.
Neil Gillespie
----- Original Message -----
From: Tad David
To: 'Neil Gillespie'
Cc: J ohn A. Tomasino
Sent: Wednesday, J uly 23, 2014 4:17 PM

Mr. Gillespie:

There is no policy that provides records without charge to a person making a request for the records in
forma pauperis. However, if you want to select a portion of the records you requested and pay only the
charges for that portion on the invoice. We can provide some records to you at a much lower cost. The
courts invoice was only $87.63 total.

Please, let me know if I can be of further assistance to you.

General Counsel
Phone: (850) 488-1824
Fax: (850) 410-5301
davidt@flcourts.org

Sent: Tuesday, July 22, 2014 1:00 PM
To: Jack Harkness; Tad David
Cc: Art Graham, Chairman; Neil Gillespie
Subject: Motion to proceed in forma pauperis, and waive fees for public records

Mr. J ohn F. Harkness
Executive Director, Records Custodian
The Florida Bar
651 East J efferson Street
Tallahassee, FL 32399-2300
Email: jharkness@flabar.org

Mr. Thomas A. David, General Counsel
Email: davidt@flcourts.org
Date: J uly 22, 2014 - RE: Motion to proceed in forma pauperis, and waive fees for public records
Dear Mr. Harkness and Mr. David:
This is an interim response to the attached $87.63 invoice from Mr. David, OSCA, for public records, and the attached
$227.63 invoice from The Florida Bar for Public Records Request CCOL-9KWJ X8.
Attached is my letter J uly 16, 2014 to Mr. Harkness and the attached $227.63 invoice. As of today Mr. Harkness has not
responded to my claim that certain record responses by Ms. J olinski are not correct. Also, on or about J une 26, 2014 I
notified The Florida Bar that "The amount on the invoice, $227.63, is well beyond my ability to pay. The invoice does
not show a basis for $227.63 other than "17.00 hours" x $13.39 per hour. Okay, I will file with Mr. Harkness a request
for the records in forma pauperis, and appeal any denial through the courts. There are other significant records bills
elsewhere, so Ill draft one petition for all of them."
On J uly 16, 2014 I asked Mr. Harkness "Until then, kindly provide the cost for the each individual record below, so that
I can make an informed choice." I do not show a response.
There are a number of other outstanding records requests, including one to Marion County Utilities, see attached my
letter to the Honorable Art Graham, PSC Chairman. I am working on a petition to proceed in forma pauperis and waive
fees for public records. It is taking longer than planned because of the number involved, and disability. I plan to give
notice of a case regarding disability and Traumatic Brain Injury found on the American Bar Association news log,
"Brain injury leads to suspension for Maine lawyer; I couldnt stick to tasks, he says", see attached.
ttp://www.abajournal.com/news/article/brain_injury_leads_to_suspension_for_maine_lawyer_i_couldnt_stick_to_tasks/
Attached you will find evidence of my brain injury, August 1988. The full motion is online here
http://www.scribd.com/doc/102585752/Amended-Disability-Motion-12-11213-C-C-A-11
In conclusion, please advise if an Agency Inspector General under section 20.055 of the Florida Statutes has authority
to investigate the failure of The Florida Bar to regulate lawyers in my case.
Sincerely,
Page 2of 3
8/10/2014
Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Page 3of 3
8/10/2014
VIA U.P.S. No. 1Z64589FP291602502 J uly 30, 2014
Thomas A. "Tad" David cc: Mr. J ohn F. Harkness, The Florida Bar
General Counsel Via email only: jharkness@flabar.org
Supreme Court Building cc: Mr. J ohn A. Tomasino, Clerk
500 South Duval Street Supreme Court of Florida
Tallahassee, FL 32399 Via email only: tomasino@flcourts.org
Dear Mr. David,
Thank you for your email Wednesday, J uly 23, 2014 @4:17 PM. You wrote,
There is no policy that provides records without charge to a person making a request for
the records in forma pauperis. However, if you want to select a portion of the records you
requested and pay only the charges for that portion on the invoice. We can provide some
records to you at a much lower cost. The courts invoice was only $87.63 total.
You wrote the courts invoice was only $87.63 total. To me that is a substantial amount. It also
begs the question: If only $87.63 is at issue, the state should waive the charge.
Previously I was determined indigent or insolvent, and granted leave to proceed in forma
pauperis in the cases shown below.
U.S. Supreme Court, Petition No. 13-7280, and rehearing.
U.S. Supreme Court, Petition No. 12-7747, and rehearing.
Florida Supreme Court, No. SC11-858, No. SC11-1622.
Florida Second District Court of Appeal, 2D10-5197, 2D10-5529, and 2D11-2127.
Hillsborough Co., Florida, 05-CA-7205, F.S. 27.52 appointed public defender.
Enclosed is my motion February 6, 2014 to proceed in forma pauperis in the petition for
rehearing of SCOTUS Petition No. 13-7280. See page 7,
This petition and rehearing is extraordinarily expensive because of fraud or impairment
of Petition No. 12-7747 by the Florida Attorney General et al who conspired with the
Thirteenth J udicial Circuit to falsely show that I did not serve my petition as show on the
Rule 29 proof of service. This required shipping to a broader audience in an effort to
deter the AG and coconspirators from further obstruction of justice. The increased cots
shown below amount to $2,442.02, and include $100 for process serving to the AG who
refused to provide basic service of process information, some of which I later found on
the AGs website...I also commenced a so-far unsuccessful Go-Fund-Me crowd funding
drive that did not get any donations as of this IFP motion.
http://www.gofundme.com/STOP-wrongful-Foreclosure
Thomas A. "Tad" David J uly 30, 2014
General Counsel, Office of the State Courts Administrator Page - 2
Access to records is Constitutionally guaranteed. Florida Constitution, Article I, Section 24.
Access to public records and meetings.
SECTION 24. Access to public records and meetings.
(a) Every person has the right to inspect or copy any public record made or received in
connection with the official business of any public body, officer, or employee of the state,
or persons acting on their behalf, except with respect to records exempted pursuant to this
section or specifically made confidential by this Constitution. This section specifically
includes the legislative, executive, and judicial branches of government and each agency
or department created thereunder; counties, municipalities, and districts; and each
constitutional officer, board, and commission, or entity created pursuant to law or this
Constitution.
Section 24, clauses (b) (c) and (d) omitted.
The federal Freedom of Information Act (FOIA) [5 U.S.C. 552], and Privacy Act (PA), provide
for a waiver of fees. Therefore I believe Supremacy Clause is the controlling legal authority.
The Supremacy Clause, Wikipedia,
The Supremacy Clause is the provision in Article Six, Clause 2 of the U.S. Constitution
that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the supreme
law of the land". It provides that these are the highest form of law in the U.S. legal
system, and mandates that all state judges must follow federal law when a conflict arises
between federal law and either the state constitution or state law of any state.
Text
This Constitution, and the Laws of the United States which shall be made in pursuance
thereof; and all treaties made, or which shall be made, under the authority of the United
States, shall be the supreme law of the land; and the judges in every state shall be bound
thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
http://en.wikipedia.org/wiki/Supremacy_Clause
Attached you will find the letter May 23, 2014 of Martin Michalosky, FOIA Manager, Consumer
Financial Protection Bureau (CFPB), who wrote in part,
Provisions of the FOIA allow us to recover part of the cost of complying with your
request. In this instance, we have waived all fees related to the processing of your
request. Therefore, your fee waiver is moot.
Shall I request Florida records under the federal Freedom of Information Act (FOIA) 5 U.S.C.
552 and Privacy Act (PA), for a waiver of fees?
Thomas A. "Tad" David J uly 30, 2014
General Counsel, Office of the State Courts Administrator Page - 3
Given the extraordinary expense I incurred because of fraud or impairment of Petition No. 12-
7747 by the Florida Attorney General et al, I request the charge of only $87.63 be waived.
I would also appreciate donations, http://www.gofundme.com/STOP-wrongful-Foreclosure
Even a $5.00 gas card, or $10 gift card to Publix or Walmart for food would help.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
Enclosures

Neil Gillespie
From: "Tad David" <davidt@flcourts.org>
To: "'Neil Gillespie'" <neilgillespie@mfi.net>
Cc: "J ohn A. Tomasino" <tomasino@flcourts.org>
Sent: Wednesday, J uly 23, 2014 4:17 PM
Page 1of 2
7/29/2014
Mr. Gillespie:

There is no policy that provides records without charge to a person making a request for the records in
forma pauperis. However, if you want to select a portion of the records you requested and pay only the
charges for that portion on the invoice. We can provide some records to you at a much lower cost. The
courts invoice was only $87.63 total.


General Counsel
Phone: (850) 488-1824
Fax: (850) 410-5301
davidt@flcourts.org

Sent: Tuesday, July 22, 2014 1:00 PM
To: Jack Harkness; Tad David
Cc: Art Graham, Chairman; Neil Gillespie
Subject: Motion to proceed in forma pauperis, and waive fees for public records

Mr. J ohn F. Harkness
Executive Director, Records Custodian
The Florida Bar
651 East J efferson Street
Tallahassee, FL 32399-2300
Email: jharkness@flabar.org

Mr. Thomas A. David, General Counsel
Date: J uly 22, 2014 - RE: Motion to proceed in forma pauperis, and waive fees for public records
Dear Mr. Harkness and Mr. David:
This is an interim response to the attached $87.63 invoice from Mr. David, OSCA, for public records, and the attached
$227.63 invoice from The Florida Bar for Public Records Request CCOL-9KWJ X8.
Attached is my letter J uly 16, 2014 to Mr. Harkness and the attached $227.63 invoice. As of today Mr. Harkness has not
responded to my claim that certain record responses by Ms. J olinski are not correct. Also, on or about J une 26, 2014 I
notified The Florida Bar that "The amount on the invoice, $227.63, is well beyond my ability to pay. The invoice does
not show a basis for $227.63 other than "17.00 hours" x $13.39 per hour. Okay, I will file with Mr. Harkness a request
for the records in forma pauperis, and appeal any denial through the courts. There are other significant records bills
elsewhere, so Ill draft one petition for all of them."
On J uly 16, 2014 I asked Mr. Harkness "Until then, kindly provide the cost for the each individual record below, so that
I can make an informed choice." I do not show a response.
There are a number of other outstanding records requests, including one to Marion County Utilities, see attached my
letter to the Honorable Art Graham, PSC Chairman. I am working on a petition to proceed in forma pauperis and waive
fees for public records. It is taking longer than planned because of the number involved, and disability. I plan to give
notice of a case regarding disability and Traumatic Brain Injury found on the American Bar Association news log,
"Brain injury leads to suspension for Maine lawyer; I couldnt stick to tasks, he says", see attached.
ttp://www.abajournal.com/news/article/brain_injury_leads_to_suspension_for_maine_lawyer_i_couldnt_stick_to_tasks/
Attached you will find evidence of my brain injury, August 1988. The full motion is online here
http://www.scribd.com/doc/102585752/Amended-Disability-Motion-12-11213-C-C-A-11
In conclusion, please advise if an Agency Inspector General under section 20.055 of the Florida Statutes has authority to
investigate the failure of The Florida Bar to regulate lawyers in my case.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
Page 2of 2
7/29/2014
cf
RE: FOIA Request #CFPB-2014-182-F-P
May 23,2014
Mr. Neil Gillespie
8092 SW 115th Loop
Dear Mr. Gillespie:
This letter is in fmal response to your Freedom oflnfornlation Act (FOIA)/Privacy Act (PA)
request dated April 28, 2014 to the Consumer Financial Protection Bureau (CFPB). Your request
sought a copy of contents of tIle file in case no. 120914-000082.
On May 9, 2013, my office received the death certificate for your mother, Penelope Gillespie and
3
rd
party release authorization from your brother, Mark Gillespie. Upon receiving these
documents, we were able to initiate a search for records responsive to your request.
Attached to this letter, please fmd our response to your request, which consists of 422 pages that
are granted in full. As a matter of administrative discretion, I have determined that they are
appropriate for public release. No deletions or exemptions have been claimed on these records.
Provisions of the FOIA allow us to recover part of the cost of complying with your request. In
this instance, we have waived all fees related to the processing of your request. Therefore, your
fee waiver is moot.
For questions concerning our response, please feel free to contact CFPB's FOIA Service Center
by email at FOIA@cfpb.gov or by telephone at 1-855-444-FOIA (3642).
Sincerely,
~
Martin Michalosky
FOIA Manager
Operations Division
consurnerfinarlce,gov
Submit by Email I I Print Form
13-7280
o. _
N
Petition for Rehearing, Rule 44
IN THE
SUPREME COURT OF THE UNITED STATES
____N_E_IL_J_.G_I_LL_E_S_P_IE PETITIONER
(Your Name)
VS.
Reverse Mortgage Solutions, Inc., et al.
__________- RESPONDENT(S)
MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
The petitioJler asks leave to file the attached petition for a writ of certiorari
without prepayment of costs and to proceed pa1.tperis.
[0Petitioner has previously been granted leave to proceed in forma pauperis
in the following cOllrt(s):
SCOTUS 13-7280,12-7747; Florida SC11-858, SC11-1622; 2dOCA, 2010-5197, 2010-5529, 2011-21i
13th Circuit, Fla, 05-CA-7205, F.S. 27.52, appointed public defender civil contempt; court dismissed P8
[ ] Petitio11er has not previously been granted leave to proceed forma
in any other court.
Petitioner's affidavit or declaration in support of this motion is attached hereto.
/'..
AFFIDAVIT OR DECLARATION
IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
Neil J Gillespie
I, ,amthepetitionerintheabove-entitledcase. Insupportof
my motion to proceed pauperis, I statethatbecause ofmy poverty I am unable to pay
the costs ofthiscase orto give securitytherefor; and I believe I am entitledto redress.
1. For both you and your spouse estimate the average amount ofmoney received from each of
the following sources during the past 12 months. Adjust any amount that was received
weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross
amounts, thatis, amounts before any deductions for taxes orotherwise.
Income source Average monthly amount during Amount expected
the past 12 months next month
You Spouse You Spouse
Employment
$0
$0, no spouse
$0
$0' no spouse
Self-employment
0
$
0, no spouse
$
0
$
0, no spouse
$
Income from real property
0
$
0, no spouse
$
0
$
0, no spouse
$
(such as rental income)
Interest and dividends
0
$
0, no spouse
$
0
$
0, no spouse
$
Gifts
0
$
0, no spouse
$
0
$
0, no spouse
$
Alimony
0
$
0, no spouse
$
0
$
0, no spouse
$
Child Support
0
$
0, no spouse
$
0
$
0, no spouse
$
Retirement (such as social
0
$
0, no spouse
$
0
$
0, no spouse
$
security, pensions,
annuities, insurance)
Disability (such as social
1,860
$
0, no spouse
$
1,860
$
0, no spouse
$
security, insurance payments)
Unemployment payments
0
$
0, no spouse
$
0
$
0, no spouse
$
Public-assistance
0
$
0, no spouse
$
0
$
0, no spouse
$
(such as welfare)
Other (specify):
n/a 0
$
0, no spouse
$
0
$
0, no spouse
$
Total monthly income:
1,860
$
0, no spouse
$
1,860
$
0, no spouse
$
------- -------
2. List your employment history for the past two years, most recent first. (Gross monthly pay
is before taxes orotherdeductions.)
Employer Address Dates of
not employed n/a
Employment
n/a
not employed n/a n/a
Gross monthly pay
$0
$0
$0
3. List your spouse's en1ployment history for the past two years, most recent en1ployer first.
(Gross monthly payis before taxes orotherdeductions.)
Employer Address Dates of Gross monthly pay
Employment
single-no spouse n/a n/a $0
single-no spouse n/a n/a
$0
$0
0
4. How much cashdo you and yourspouse have? $_2_7_9_0_0 _
Below, state any money you or your spouse have in bank accounts or in any other financial
institution.
Financial institution Type of account Amount you have Amount your spouse has
Comerica Bank-SSDI Direct Exp. debit card $7.39 $0 single-no spouse
Walmart debit 6739 prepaid debit card $97.11 $0 single-no spouse
5. List the assets, and their values, which you own or your spouse owns. Do not list clothing
and ordi11ary household furnishi11gs.
DHome
Value$74,730 ($114k mort)
D MotorVehicle #1
Year make &model1990 Dodge Caravan
,
Value$300
D Otherassets
D Otherrealestate
Value$0 none
D MotorVehicle #2
none
Year, make &model___ _
Value$0
Description computer, printers, scanner, tools, emergency supplies, etc.
Value$1,250 (estimate)
6. State every person, business, or organization owing you or your spouse money, and the
amount owed.
Person owing you or Amount owed to you Amount owed to your spouse
your spouse money
u.s.DistrictCourt, $50.00 $0'single-nospouse
5:11-cv-539denied $0,single-nospouse
$_0 _
return $50 (Doc. 27) $0,single-nospouse
$_0 _
7. Statethe persons who rely on you oryourspouse for support.
Name Relationship Age
none n/a n/a
none n/a n/a
none n/a n/a
8. Estimatetheaveragemonthlyexpensesofyouandyourfamily. Showseparatelytheamounts
paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or
annuallyto showtl1e monthly rate.
You Your spouse
Rentorhome-mortgage payment
$nonerequired $0, n/a nospouse
(include lot rentedfor mobile home)
Are real estatetaxesincluded? DYes
Is propertyinsuranceincluded? DYes
Utilities (electricity, heatingfuel,
$250 $0'n/a nospouse
water, sewer, and telephone)
Home maintenance (repairs and upkeep)
$575 $0' n/a nospouse
Food
$50
$0, n/a nospouse
Clothing
$30
$0, n/a nospouse
Laundryand dry-cleaning
$150+ $0'n/a nospouse
Medical and dentalexpenses
You Your spouse
Transportation (not including motor vehicle payments)
225
$ _
0, n/a no spouse
$----
Recreation, entertainment, newspapers, magazines, etc.
50
$ _
0, n/a no spouse
$----
Insurance (not deducted from wages or included in mortgage payments)
Homeowner's or renter's
81
$
0, n/a no spouse
$
Life
0, n/a none
$
0, n/a no spouse
$
Health
Medicare
$
0, n/a no spouse
$
38 0, n/a no spouse
Motor Vehicle $ $
n/a none 0, n/a none 0, n/a no spouse
Other: $ $
Taxes (not deducted from wages or included in mortgage payments)
(specify):
R.E. taxes (810/12=$67.50) $67.50
_
0, n/a no spouse
$----
Installment payments
0, n/a none 0, n/a no spouse
Motor Vehicle $ $
Credit card(s) $ $
Department store(s) $ $
Other:
n/a none
_
0, n/a none
$
0, n/a no spouse
$
Alimony, maintenance, and support paid to others $ $
Regular expenses for operation of business, profession,
or farm (attach detailed statement) $ $
litigation expenses, PACER, etc
Other (specify): _
$450.80+
$
0, n/a no spouse
$
2,152.30 0, n/a no spouse
Total monthly expenses: $ $
9. Do you expectanymajorchanges toyourmonthly income orexpenses orin yourassets or
liabilities duringthe next 12 months?
Ifyes, describe on an attached sheet.
10. Have you paid - orwill you be paying- an attorneyanymoney for services in connection
withthis case, includingthecompletionofthis form? 0 Yes ~
Ifyes, how much? _
Ifyes, statetheattorney's name, address, and telephone number:
11. Haveyou paid-orwillyou be paying-anyoneotherthananattorney(such as a paralegalor
atypist) anymoney for servicesin connectionwiththis case, includingthecompletionofthis
form?
DYes
Ifyes, how much? _
Ifyes, statethe person's name, address, and telephone number:
12. Provideanyotherinformationthatwillhelpexplainwhyyoucannotpaythecostsofthiscase.
I declare underpenaltyofperjurythattheforegoing is trueand correct.
February6 14
Executed on: ,20_
Motion for leave to proceed in forma pauperis - Attached sheet, items 8, 9 and 12
Petition for rehearing order denying Petition No. 13-7280
Reverse Mortgage Solutions, Inc. vs. Neil J . Gillespie, et al.,
U.S. Eleventh Circuit No. 13-11585-B
District Court Docket No: 5:13-cv-00058-oc-WTH-PRL
8. Estimate the average monthly expenses...other (specify) litigation expenses, page 5.
This petition and rehearing is extraordinarily expensive because of fraud or impairment of
Petition No. 12-7747 by the Florida Attorney General et al who conspired with the Thirteenth
J udicial Circuit to falsely show that I did not serve my petition as show on the Rule 29 proof of
service. This required shipping to a broader audience in an effort to deter the AG and
coconspirators from further obstruction of justice. The increased cots shown below amount to
$2,442.02, and include $100 for process serving to the AG who refused to provide basic service
of process information, some of which I later found on the AGs website.
Litigation expenses (incomplete)
Nov-01-2013, UPS shipping $543.41
Dec-03-2013, UPS shipping $833.19
J an-03-2014, UPS shipping $514.62
Nov-Dec-J an Subtotal: $1,891.22
Barry Schoenfeld process server $50
Return of Service December 11, 2013
Florida Attorney General
Nolan Process Servers, LLC $50
Affidavit of Service December 19, 2013
Feb-03-2014, UPS shipping $128.40
Feb-03-2014, Quickship copier supplies $69.34
Feb-03-2014, Walmart ink and paper $113.30
Feb-03-2014 Subtotal total: $450.80
Total: $2,442.02
The extraordinary expenses required me to borrow money and depend on others to assist me. For
example, my brother Mark Gillespie paid $810.74 real estate tax on my home being foreclosed.
I also commenced a so-far unsuccessful Go-Fund-Me crowd funding drive that did not get any
donations as of this IFP motion. http://www.gofundme.com/STOP-wrongful-Foreclosure
9. Do you expect any major changes to your monthly income or expenses or in your assets or
liabilities during the next 12 months?
Answer: Yes, I expect to loose my home in wrongful foreclosure.
12. Other information to explain why I cannot pay the costs of this case.
Answer: I am indigent and live from one disability check to the next. I am fifty-seven
(57) year-old, single, male, no children, disabled with physical and mental impairments. Monthly
Social Security disability income paid via a Direct Express debit card issued by Comerica Bank.
I was homeless from approximately September 2002 through February 2005. In February 2004 I
bought a used 1990 Dodge minivan for $600 where I lived until moving to Ocala a year later. In
February 2005 I moved to 8092 SW 115th Loop, Ocala, Florida 34481, Marion County, to care
for my elderly Mother, an unremarried widow with Alzheimers dementia who died in 2009.
I have foregone dental care of $2,088 (copy attached). I do not have a bank account because I
cannot manage an account of a rapacious nature. I do not have a retirement account. My inability
to manage funds resulted in two bankruptcies:
Chapter 7 bankruptcy, discharged J anuary 7, 1993, case 92-20222, U.S.
Bankruptcy Court, Eastern District of Pennsylvania.
Chapter 7 bankruptcy, discharged March 5, 2003, case 02-14021-8B7, U.S.
Bankruptcy Court, Middle District of Florida.
Prior to being a victim of a serious robbery assault and head injury, I owned and successfully
operated a car business in Pennsylvania doing $2 million in sales annually.
My home is valued at $74,730. The mortgage balance payoff is $ $114,889+. The home is
underwater with negative equity of - ($40,159); unpaid HOA fees are currently $13,604.
The home is owned by The Gillespie Family Living Trust. The trust has no assets other than the
home. A copy of the trust was filed September 20, 2011 with the District Court along with my
Affidavit of Indigency, Case 5:11-cv-00539-WTH-TBS Document 3 Filed 09/20/11 Page
1 of 37 PageID 76. The District Court did not make a determination of indigency.
Reverse Mortgage Solutions, Inc. (RMS) filed a Verified Complaint to Foreclose Home Equity
Conversion Mortgage J an-09-13. RMS is a debt collector for Bank of America, N.A. who owns
the mortgage. I removed the case to federal court in Ocala. U.S. J udge Wm. Terrell Hodges
failed to recuse under 28 U.S.C. 455(b)(4), see Interest List, Bank of America. J udge Hodges
also failed to recuse upon receipt of my affidavit made pursuant to 28 U.S.C. 144. (Doc. 22).
Stephen H. Dunn, DDS, PA PRIMARY TREATMENT PLAN
9401 SW SR 200, Suite 101
Ocala, FL 34481 October 2, 2012
1(352)873-2000 x
Page 1
Current Dental Terminology (COT) American Dental Association (ADA). All rights reserved.
Prepared for: Neil Gillespie (ID:
468401)
Group Planned Code Dr T Surf. Description Patient Insurance Total Accepted
3 10/02/12 5213.00
Maxillary Partial Denture - Ca 1,470.00 0.00 1,470.00 No
3 10/02/12 7210.00 13 Surgical Removal of Erupted r 242.00 0.00 242.00 No
3 10/02/12 2331.00 23 DF Resin Composite - 2 240.00 0.00 240.00 No
3 10/02/12 2330.00 27 F Resin Composite - 1 138.00 0.00 138.00 No
::::::::::::::::: ::::::::::::::::: :::::::::::::::::
TOTALS: 2,330.00 0.00 2,330.00
0 P 8 9 24 25
10 23 26
11 22 27
C
12 21 28
B
; LOWER 13 20 29
A
14 19 , 30
RIGHT LEFT RIGHT
15 18 , ' 31
16 17 ' 32
LEFT LEFT RIGHT
Financial Arrangements
E F
Additional Information on Financial Arrangements and Insurance Coverage Available Upon Request
CONSENT
The treatment plan recorded above and
" "

rnatives have been described to me. I understand the risk, benefits and alternatives of the
recommended
Date: 10- 2 ,.

$2,088 $2,088
Nov-06-13
Submit by Email I I Print Form
13-7280
o. _
N
Petition for Rehearing, Rule 44
IN THE
____N_E_IL_J_.G_I_LL_E_S_P_IE PETITIONER
(Your Name)
VS.
Reverse Mortgage Solutions, Inc., et al.
__________- RESPONDENT(S)
MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
The petitioJler asks leave to file the attached petition for a writ of certiorari
without prepayment of costs and to proceed pa1.tperis.
[0Petitioner has previously been granted leave to proceed in forma pauperis
in the following cOllrt(s):
SCOTUS 13-7280,12-7747; Florida SC11-858, SC11-1622; 2dOCA, 2010-5197, 2010-5529, 2011-21i
13th Circuit, Fla, 05-CA-7205, F.S. 27.52, appointed public defender civil contempt; court dismissed P8
[ ] Petitio11er has not previously been granted leave to proceed forma
in any other court.
Petitioner's affidavit or declaration in support of this motion is attached hereto.
/'..
AFFIDAVIT OR DECLARATION
IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
Neil J Gillespie
I, ,amthepetitionerintheabove-entitledcase. Insupportof
my motion to proceed pauperis, I statethatbecause ofmy poverty I am unable to pay
the costs ofthiscase orto give securitytherefor; and I believe I am entitledto redress.
1. For both you and your spouse estimate the average amount ofmoney received from each of
the following sources during the past 12 months. Adjust any amount that was received
weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross
amounts, thatis, amounts before any deductions for taxes orotherwise.
Income source Average monthly amount during Amount expected
the past 12 months next month
You Spouse You Spouse
Employment
$0
$0, no spouse
$0
$0' no spouse
Self-employment
0
$
0, no spouse
$
0
$
0, no spouse
$
Income from real property
0
$
0, no spouse
$
0
$
0, no spouse
$
(such as rental income)
Interest and dividends
0
$
0, no spouse
$
0
$
0, no spouse
$
Gifts
0
$
0, no spouse
$
0
$
0, no spouse
$
Alimony
0
$
0, no spouse
$
0
$
0, no spouse
$
Child Support
0
$
0, no spouse
$
0
$
0, no spouse
$
Retirement (such as social
0
$
0, no spouse
$
0
$
0, no spouse
$
security, pensions,
annuities, insurance)
Disability (such as social
1,860
$
0, no spouse
$
1,860
$
0, no spouse
$
security, insurance payments)
Unemployment payments
0
$
0, no spouse
$
0
$
0, no spouse
$
Public-assistance
0
$
0, no spouse
$
0
$
0, no spouse
$
(such as welfare)
Other (specify):
n/a 0
$
0, no spouse
$
0
$
0, no spouse
$
Total monthly income:
1,860
$
0, no spouse
$
1,860
$
0, no spouse
$
------- -------
2. List your employment history for the past two years, most recent first. (Gross monthly pay
is before taxes orotherdeductions.)
Employer Address Dates of
not employed n/a
Employment
n/a
Gross monthly pay
$0
$0
$0
3. List your spouse's en1ployment history for the past two years, most recent en1ployer first.
(Gross monthly payis before taxes orotherdeductions.)
Employer Address Dates of Gross monthly pay
Employment
single-no spouse n/a n/a $0
$0
$0
0
4. How much cashdo you and yourspouse have? $_2_7_9_0_0 _
Below, state any money you or your spouse have in bank accounts or in any other financial
institution.
Financial institution Type of account Amount you have Amount your spouse has
Comerica Bank-SSDI Direct Exp. debit card $7.39 $0 single-no spouse
5. List the assets, and their values, which you own or your spouse owns. Do not list clothing
and ordi11ary household furnishi11gs.
DHome
Value$74,730 ($114k mort)
D MotorVehicle #1
Year make &model1990 Dodge Caravan
,
Value$300
D Otherassets
D Otherrealestate
Value$0 none
D MotorVehicle #2
none
Year, make &model___ _
Value$0
Description computer, printers, scanner, tools, emergency supplies, etc.
Value$1,250 (estimate)
6. State every person, business, or organization owing you or your spouse money, and the
amount owed.
Person owing you or Amount owed to you Amount owed to your spouse
your spouse money
u.s.DistrictCourt, $50.00 $0'single-nospouse
5:11-cv-539denied $0,single-nospouse
$_0 _
return $50 (Doc. 27) $0,single-nospouse
$_0 _
7. Statethe persons who rely on you oryourspouse for support.
Name Relationship Age
none n/a n/a
none n/a n/a
none n/a n/a
8. Estimatetheaveragemonthlyexpensesofyouandyourfamily. Showseparatelytheamounts
paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or
annuallyto showtl1e monthly rate.
You Your spouse
Rentorhome-mortgage payment
$nonerequired $0, n/a nospouse
(include lot rentedfor mobile home)
Are real estatetaxesincluded? DYes
Is propertyinsuranceincluded? DYes
Utilities (electricity, heatingfuel,
water, sewer, and telephone)
Home maintenance (repairs and upkeep)
$575 $0' n/a nospouse
Food
$50
$0, n/a nospouse
Clothing
$30
$0, n/a nospouse
Laundryand dry-cleaning
$150+ $0'n/a nospouse
Medical and dentalexpenses
You Your spouse
Transportation (not including motor vehicle payments)
225
$ _
0, n/a no spouse
$----
Recreation, entertainment, newspapers, magazines, etc.
50
$ _
0, n/a no spouse
$----
Insurance (not deducted from wages or included in mortgage payments)
Homeowner's or renter's
81
$
0, n/a no spouse
$
Life
0, n/a none
$
0, n/a no spouse
$
Health
Medicare
$
0, n/a no spouse
$
38 0, n/a no spouse
Motor Vehicle $ $
n/a none 0, n/a none 0, n/a no spouse
Other: $ $
Taxes (not deducted from wages or included in mortgage payments)
(specify):
R.E. taxes (810/12=$67.50) $67.50
_
0, n/a no spouse
$----
Installment payments
Motor Vehicle $ $
Credit card(s) $ $
Department store(s) $ $
Other:
n/a none
_
0, n/a none
$
0, n/a no spouse
$
Alimony, maintenance, and support paid to others $ $
Regular expenses for operation of business, profession,
or farm (attach detailed statement) $ $
litigation expenses, PACER, etc
Other (specify): _
$450.80+
$
0, n/a no spouse
$
2,152.30 0, n/a no spouse
Total monthly expenses: $ $
9. Do you expectanymajorchanges toyourmonthly income orexpenses orin yourassets or
liabilities duringthe next 12 months?
Ifyes, describe on an attached sheet.
10. Have you paid - orwill you be paying- an attorneyanymoney for services in connection
withthis case, includingthecompletionofthis form? 0 Yes ~
Ifyes, how much? _
Ifyes, statetheattorney's name, address, and telephone number:
11. Haveyou paid-orwillyou be paying-anyoneotherthananattorney(such as a paralegalor
atypist) anymoney for servicesin connectionwiththis case, includingthecompletionofthis
form?
DYes
Ifyes, how much? _
Ifyes, statethe person's name, address, and telephone number:
12. Provideanyotherinformationthatwillhelpexplainwhyyoucannotpaythecostsofthiscase.
I declare underpenaltyofperjurythattheforegoing is trueand correct.
February6 14
Executed on: ,20_
Motion for leave to proceed in forma pauperis - Attached sheet, items 8, 9 and 12
Petition for rehearing order denying Petition No. 13-7280
Reverse Mortgage Solutions, Inc. vs. Neil J . Gillespie, et al.,
U.S. Eleventh Circuit No. 13-11585-B
District Court Docket No: 5:13-cv-00058-oc-WTH-PRL
8. Estimate the average monthly expenses...other (specify) litigation expenses, page 5.
This petition and rehearing is extraordinarily expensive because of fraud or impairment of
Petition No. 12-7747 by the Florida Attorney General et al who conspired with the Thirteenth
J udicial Circuit to falsely show that I did not serve my petition as show on the Rule 29 proof of
service. This required shipping to a broader audience in an effort to deter the AG and
coconspirators from further obstruction of justice. The increased cots shown below amount to
$2,442.02, and include $100 for process serving to the AG who refused to provide basic service
of process information, some of which I later found on the AGs website.
Litigation expenses (incomplete)
Nov-01-2013, UPS shipping $543.41
Dec-03-2013, UPS shipping $833.19
J an-03-2014, UPS shipping $514.62
Nov-Dec-J an Subtotal: $1,891.22
Barry Schoenfeld process server $50
Return of Service December 11, 2013
Nolan Process Servers, LLC $50
Affidavit of Service December 19, 2013
Feb-03-2014, UPS shipping $128.40
Feb-03-2014, Walmart ink and paper $113.30
Feb-03-2014 Subtotal total: $450.80
Total: $2,442.02
The extraordinary expenses required me to borrow money and depend on others to assist me. For
example, my brother Mark Gillespie paid $810.74 real estate tax on my home being foreclosed.
I also commenced a so-far unsuccessful Go-Fund-Me crowd funding drive that did not get any
donations as of this IFP motion. http://www.gofundme.com/STOP-wrongful-Foreclosure
9. Do you expect any major changes to your monthly income or expenses or in your assets or
liabilities during the next 12 months?
Answer: Yes, I expect to loose my home in wrongful foreclosure.
12. Other information to explain why I cannot pay the costs of this case.
Answer: I am indigent and live from one disability check to the next. I am fifty-seven
(57) year-old, single, male, no children, disabled with physical and mental impairments. Monthly
Social Security disability income paid via a Direct Express debit card issued by Comerica Bank.
I was homeless from approximately September 2002 through February 2005. In February 2004 I
bought a used 1990 Dodge minivan for $600 where I lived until moving to Ocala a year later. In
February 2005 I moved to 8092 SW 115th Loop, Ocala, Florida 34481, Marion County, to care
for my elderly Mother, an unremarried widow with Alzheimers dementia who died in 2009.
I have foregone dental care of $2,088 (copy attached). I do not have a bank account because I
cannot manage an account of a rapacious nature. I do not have a retirement account. My inability
to manage funds resulted in two bankruptcies:
Chapter 7 bankruptcy, discharged J anuary 7, 1993, case 92-20222, U.S.
Bankruptcy Court, Eastern District of Pennsylvania.
Chapter 7 bankruptcy, discharged March 5, 2003, case 02-14021-8B7, U.S.
Bankruptcy Court, Middle District of Florida.
Prior to being a victim of a serious robbery assault and head injury, I owned and successfully
operated a car business in Pennsylvania doing $2 million in sales annually.
My home is valued at $74,730. The mortgage balance payoff is $ $114,889+. The home is
underwater with negative equity of - ($40,159); unpaid HOA fees are currently $13,604.
The home is owned by The Gillespie Family Living Trust. The trust has no assets other than the
home. A copy of the trust was filed September 20, 2011 with the District Court along with my
Affidavit of Indigency, Case 5:11-cv-00539-WTH-TBS Document 3 Filed 09/20/11 Page
1 of 37 PageID 76. The District Court did not make a determination of indigency.
Reverse Mortgage Solutions, Inc. (RMS) filed a Verified Complaint to Foreclose Home Equity
Conversion Mortgage J an-09-13. RMS is a debt collector for Bank of America, N.A. who owns
the mortgage. I removed the case to federal court in Ocala. U.S. J udge Wm. Terrell Hodges
failed to recuse under 28 U.S.C. 455(b)(4), see Interest List, Bank of America. J udge Hodges
also failed to recuse upon receipt of my affidavit made pursuant to 28 U.S.C. 144. (Doc. 22).
Stephen H. Dunn, DDS, PA PRIMARY TREATMENT PLAN
9401 SW SR 200, Suite 101
Ocala, FL 34481 October 2, 2012
1(352)873-2000 x
Page 1
Current Dental Terminology (COT) American Dental Association (ADA). All rights reserved.
Prepared for: Neil Gillespie (ID:
468401)
Group Planned Code Dr T Surf. Description Patient Insurance Total Accepted
3 10/02/12 5213.00
Maxillary Partial Denture - Ca 1,470.00 0.00 1,470.00 No
3 10/02/12 7210.00 13 Surgical Removal of Erupted r 242.00 0.00 242.00 No
3 10/02/12 2330.00 27 F Resin Composite - 1 138.00 0.00 138.00 No
::::::::::::::::: ::::::::::::::::: :::::::::::::::::
TOTALS: 2,330.00 0.00 2,330.00
0 P 8 9 24 25
10 23 26
11 22 27
C
12 21 28
B
; LOWER 13 20 29
A
14 19 , 30
RIGHT LEFT RIGHT
15 18 , ' 31
16 17 ' 32
LEFT LEFT RIGHT
Financial Arrangements
E F
Additional Information on Financial Arrangements and Insurance Coverage Available Upon Request
CONSENT
The treatment plan recorded above and
" "

rnatives have been described to me. I understand the risk, benefits and alternatives of the
recommended
Date: 10- 2 ,.

$2,088 $2,088
Nov-06-13

Thomas A David-OSCA-response To Waiving Costs For Public Records

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