Vous êtes sur la page 1sur 25

Filing # 75177038 E-Filed 07/18/2018 11:00:08 PM

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. Homestead Residential Foreclosure


$50,001-$249,999 (Contested)
NEIL J. GILLESPIE AND MARK GILLESPIE Home Equity Conversion Mortgage
AS CO-TRUSTEES OF THE GILLESPIE HUD/FHA/HECM Reverse Mortgage
FAMILY LIVING TRUST AGREEMENT 12 USC § 1715z–20; 24 CFR Part 206
DATED FEBRUARY 10, 1997, ET AL. FHA Case Number: 091-4405741
BofA/RMS acct/loan #68011002615899
Defendants. Demand Jury Trial, U.S. Const. Amend. VII
________________________________________/ Demand Jury Trial, Fla. Const. Art. I, §22

DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:


THE CLERK’S FORECLOSURE EVIDENCE LIST IS WRONG

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, a

vulnerable adult, reluctantly appears pro se, henceforth in the first person, hereby files Defendant

Neil J. Gillespie’s Verified Notice to Clerk Ellspermann: The Clerk’s Foreclosure Evidence List

is Wrong, and in support thereof states as follows:

1. On July 18, 2017 a non-jury foreclosure trial was held in this case. Judge Ann Craggs

presided. Attorney Curtis Wilson of McCalla Raymer Leibert Pierce LLC represented the

Plaintiff. I am a nonlawyer and represented myself pro se for my interests.

2. During the non-jury foreclosure trial, and prior to its conclusion, I was transported to the

hospital by ambulance called by the Marion County Sheriff’s Office, see paragraph 2,

APPENDIX F
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG

NOTICE OF FILING AFFIDAVIT OF NEIL J. GILLESPIE NON-JURY TRIAL JUL-18-2017


Filing # 59657736 E-Filed 07/28/2017 12:51:51 PM

On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during a
non-jury trial on the foreclosure of my home. I was alone and without counsel to
represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and
ruled for the bank.

3. On July 21, 2017 The Clerk’s office entered an Evidence List on the record at DOC-483.

A certified copy of the Evidence List appears at Exhibit 1. The Evidence List is defective.

4. The Evidence List is not signed by the Attorney for the Plaintiff, Curtis Wilson, Esq. The

space on the Evidence List was left blank for “Attorney for Plaintiff/Petitioner”.

5. The Evidence List is not signed by Defendant Neil J. Gillespie, who appeared pro se. The

space on the Evidence List was left blank for “Attorney for Defendant/Respondent”.

6. The Evidence List only shows evidence items for the Plaintiff and none for the

Defendant. Items for the Plaintiff admitted as evidence on July 18, 2018, include:

Original Adjustable Rate Note (Home Equity Conversion). #PL-1


Adjustable Rate Home Equity Conversion Mortgage, #PL-2
Assignment of Mortgage, #PL-3
Notice of Default and Intent to Foreclose, #PL-4
Copy of: Home Equity Conversion Loan Agreement, #PL-5
Payoff Statement, #PL-6 Composite

7. The Evidence List is signed by L. Finchs (sic) Court Clerk on July 21, 2017, and Debra

M. Dees, Evidence Clerk on July 21, 2017.

8. Defendant Neil J. Gillespie’s evidence was presented in substantial part on July 18, 2017

in Florida Supreme Court Case No. SC17-1321, LT: 2013-CA-000115.

EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY


Filing # 59132663 E-Filed 07/18/2017 07:24:12 AM

2
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG

9. Defendant Neil J. Gillespie’s evidence presented on July 18, 2017 in Florida Supreme

Court Case No. SC17-1321, LT: 2013-CA-000115, appears on the Notice of Service of Court

Documents automatically generated by the Portal; here in 3 parts due to the filing size:

EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY


Filing # 59132663 E-Filed 07/18/2017 07:24:12 AM

APPENDIX A DEFENDANTS' EMERGENCY MOTION TO


CANCEL HEARING JULY 18, 2017

APPENDIX B DEFENDANTS’ NOTICE OF FILING U.S.


SUPREME COURT PETITION AND RESPONSE

APPENDIX 1 Order Dismissal Mar-31-2017, Notice


Appeal Mar-27-2017

APPENDIX 2 NOTICE OF FILING FEDERAL CIVIL


RIGHTS COMPLAINT

APPENDIX 3 US Supreme Court Clerk's reply letter Mr


Higgins Oct-19-2016

APPENDIX 4 Affidavit of Neil Gillespie re Dr. Kassels


Jun-12-2017

APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE


Traumatic Brain Injury (TBI)

APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM


AGE LIMITS

APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE -


DEFENSES AND CLAIMS IN RECOUPMENT

MOTION TO PROCEED IN FORMA PAUPERIS

10. The Notice of Service of Court Documents in SC17-1321 appear as

Exhibit 2, Notice of Service of Court Documents, Part 1 of 3


Exhibit 3, Notice of Service of Court Documents, Part 2 of 3
Exhibit 4, Notice of Service of Court Documents, Part 3 of 3

3
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG

11. The Notice of Service of Court Documents in SC17-1321 show the following E-service

recipients selected for service:

Neil J. Gillespie
Curtis Wilson
Honorable Ann Melinda Craggs

12. Judge Craggs was served Court Documents in SC17-1321 on 07/18/2017 at 07:24 AM,

well before the 10:00 AM non-jury trial.

13. During the non-jury trial Judge Craggs acknowledged having possession of my

documents, which was my evidence in the foreclosure.

14. I became incapacitated during the non-jury trial, and was taken by ambulance to the

hospital. I was alone and without counsel to represent me.

15. Judge Craggs continued the trial without me and failed to place my documents in

evidence. Judge Craggs then ruled for the bank.

16. Exhibit 5 shows Clerk Ellsperman knew about case SC17-1321 on July 18, 2018 when he

was served Acknowledgment of New Case, Filing #59135349 E-Filed 07/18/2017 09:00:15 AM,

showing the following names:

CURTIS ALAN WILSON


NEIL J. GILLESPIE
HON. DAVID R. ELLSPERMANN, CLERK

17. Exhibit 6 shows Clerk Ellsperman knew about case SC17-1321 on July 18, 2018 when he

was served Filing #59186225 E-Filed 07/18/2017 04:31:32 PM, showing the following names:

CURTIS ALAN WILSON


NEIL J. GILLESPIE
HON. JOANNE P. SIMMONS, CLERK
HON. DAVID R. ELLSPERMANN, CLERK

4
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG

18. Paragraphs 7 through 13 in FSC No. SC17-1321, LT: 2013-CA-000115, EMERGENCY

PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY, shows my argument for the

during the non-jury foreclosure trial included:

7. Judge Craggs is fond of beginning each Order with a date count. The Order
appearing at Exhibit 1 begins “A. This case has been pending for 1,647 days.”

8. Pursuant to Fla. R. Jud. Admin. 2.250(a)(1)(B), the Trial Court Time


Standards for Non-jury cases is 12 months (filing to final disposition).

9. This case should have ended in 48 days, on February 26, 2013, with a Rule
55 Default Judgment in my favor after this case was removed February 4, 2013 to
U.S. District Court, Ocala Division, Middle District Florida, No. 5:13-cv-00058-
WTH-PRL, but for misconduct between federal judicial officers and Plaintiff’s
counsel Danielle Nicole Parsons, Bar ID: 29364.

10. The Florida Bar failed to competently complete its inquiry in Danielle
Nicole Parsons, The Florida Bar File No. 2014-30,525 (9A).

11. The Non-Jury trial is set for two hours, which is far beyond my ability to
attend due to disability, including:

AFFIDAVIT OF NEIL J. GILLESPIE re Dunnellon PO_FIRE-RESCUE (Exhibit 3)


Type 2 adult-onset diabetes (Exhibit 2)
Post-traumatic Stress Disorder (PTSD) etc. (Appendix 4)
Traumatic Brain Injury (TBI) Appendix 5
APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE Traumatic Brain Injury (TBI)

12. The Preface to the June 21, 2017 Fannie Mae Single-Family Reverse
Mortgage Servicing Manual appears at Exhibit 4 with the cover page, and states:

For HECM loans, the servicer must follow all applicable requirements of the
HECM program found in the Department of Housing and Urban
Development (HUD) Handbook 4235.1 REV-1: Home Equity Conversion
Mortgages, Handbook 4330.1 REV-5: Administration of Insured Home
Mortgages, all related HUD Mortgagee Letters, and all other guidance
provided by HUD. This Manual includes requirements for HECMs that
Fannie Mae imposes as a result of its purchase and securitization of those
mortgage loans and is not intended to contradict HUD’s requirements. In the
event that this Manual and guidance provided by HUD are conflicting, the
servicer must follow HUD’s requirements.

5
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG

13. The HUD Reverse Mortgage Handbook 4235.1 REV·1 Sections 4·4, 4-5, 4-6
appear at Exhibit 5 and state in part:

4-4 A. The borrower's age. All borrowers must be at least 62 years old
when they sign the Uniform Residential Loan Application (URLA)
and the HUD/VA Addendum (Form HUD 92900-A). The lender should
request evidence of the ages of all borrowers, and accept all
reasonable forms of evidence.

On June 5, 2008 HECM borrower Penelope Gillespie was age 77; Neil Gillespie
was age 52; and Mark Gillespie was age 49, see

APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM AGE LIMITS

4-5 A. Conditions for Origination in the Name of a Living Trust.


1) All beneficiaries of the trust must be eligible HECM
borrowers at the time of origination and until the mortgage
is released [i.e. borrower/beneficiary must occupy the
property as a principal residence and new beneficiaries may
not be added to the trust].

3) The trust shall not be a party to the Loan Agreement. The


borrower/beneficiary may issue instructions to the lender to
permit the trustee to exercise one or more rights stated in
the Loan Agreement on behalf of the beneficiary; i.e. the
right to receive loan advances or to request changes in the
payment plan.

B. Transfer of the Property Into or From a Trust.

2) If the trust is terminated, or the property is otherwise


transferred from an eligible trust holding the property, the
mortgage will not become due and payable, provided that one
or more of the original borrowers who signed the Note and
Loan Agreement continue to occupy the property as a
principal residence and continue to retain title to the
property in fee simple or on a leasehold interest as set
forth in 24 CFR Section 206.45(a).

4-6 POWER OF ATTORNEY AND CONSERVATORSHIP GUIDELINES. The


following guidelines apply to all phases of HECM loan processing:

2) Borrowers lacking legal competency:


a. Incompetent borrower may not sign the mortgage loan
application.

6
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG

My mother Penelope Gillespie was incompetent (Alzheimer’s Disease) when she


signed the mortgage loan application, the bank did not care, it wanted $$$$$$, see,

APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND


CLAIMS IN RECOUPMENT

19. Defendant Neil J. Gillespie’s Notice of Filing Documents In SC17-1321, to be filed after

this pleading, will file the documents shown in Paragraph 9 above as my evidence.

RESPECTFULLY SUBMITTED, July 18, 2018.

Neil J. Gillespie, individually, and former Trustee,


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

8092 SW 115th Loop


Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

VERIFICATION OF NEIL J. GILLESPIE


F.S. § 92.525(2) Verification of documents

Under penalties of perjury, I declare that I have read the foregoing document and that the
facts stated in it are true. Date: July 18, 2018.

Neil J. Gillespie

7
CERTIFICATE OF SERVICE

I HEREBY CERTIFY the names below were served on the Portal today July 18, 2018.

Curtis Wilson, Esq. Colleen Murphy Davis, Asst. U.S. Attorney


McCalla Raymer Leibert Pierce, LLC United States Attorney’s Office, HUD Counsel
225 E. Robinson Street, Suite 155 Secretary, U.S. Dept. Housing/Urban Development
Orlando, FL 32801 400 N. Tampa Street, Suite 3200
Phone: (407) 674-1850; Fax: (321) 248-0420 Phone: 813-274-6000; Fax: 813-274-6358
Email: MRService@mrpllc.com Tampa, FL 33602
Email: MRService@mccalla.com Email: USAFLM.HUD@usdoj.gov
Fla. Bar No.: 77669 Email: Michalene.Y.Rowells@hud.gov

Justin R. Infurna, Esq., LL.M


The Infurna Law Firm, P.A.
Attorney for Defendants Mark Gillespie, Joetta Gillespie, Elizabeth Bauerle, Scott Bidgood.
121 South Orange Ave., Ste. 1500
Orlando, Florida 32801
Telephone: (800)-774-1560; Fax: (407)386-3419
Primary Email: justin@infurnalaw.com; Secondary Email: justininfurna@gmail.com

Development & Construction Corporation Oak Run Homeowners Association, Inc.


of America (DECCA), Priya Ghumman, (ORHA) c/o ORHA Board of Directors
Registered Agent, Name Changed: 11/04/2009 Email: orhaboard@yahoo.com
c/o Carol Olson, Vice President of Admin. Paul Pike, Registered Agent
Administration and Secretary-Treasurer Name Changed: 03/12/2014
10983 SW 89 Avenue, Ocala, FL 34481 11665 SW 72nd Circle, Ocala, FL 34476
Email: colson@deccahomes.com Address Changed: 03/12/2014

Neil J. Gillespie owns the property free and clear at 8092 SW 115th Loop, Ocala, FL 34481;
Email: neilgillespie@mfi.net; the Trust terminated on February 2, 2015, see attached. The
HECM reverse mortgage is void (borrower incompetence), and voidable (§ 10(b) 1934 Act).
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; the Trust terminated on February 2, 2015, see attached; c/o
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997; NONE; the Trust Terminated February 2, 2015, see attached; c/o Neil J.
Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net

Neil J. Gillespie
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997

STATE OF FLORIDA ) 1111111111111111111111111111111111111111


DAVID R EllSPERMANN CLERK & COMPTROLLER MARION co
) SS.: DATE: 02/03/2015 11 :55:32 AM
COUNTY OF MARION ) FILE #: 2015009748 OR BK 6161 PGS 1844-1845
AFFIDAVIT 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


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

value of the trust. property is insufficient to justify the cost of administration.

FURTHER AFFIANT SA YETH NOT,

The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL­
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as

. identification and· states that he is. the person who made this affidavit and that its co~tents are

truthful to the best of his knowledge, information and belief.

r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015

~(?JI(s2. Lr0L
Print Na of Notary PublIc

My Commission Expires: --2J......;;J;_~-=-


.._'_)5 _

Book6161/Page1845 CFN#2015009748 Page 2 of 2


OFFICE OF DAVID R. ELLSPERMANN
MARION COUNTY CLERK'S OFFICE

EVIDENCE LIST

REVERSE MORTGAGE 13-CA-115


SOLUTIONS, INC

PlaintifflPetitioner Case Number

vs.
NEIL J GILLESPIE AND MARK GILLESPIE AS
CO-TRUSTEES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
FEBRUARY 10~ 1997; OAK RUN
HOMEOWNERS' ASSOCIATION, INC; UNITED
STATES OF AMERICA, ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; ELIZABETH BAUERLE;
MARK GILLESPIE~ NEIL J GILLESPIE;
ngVELoPMENT & CONSTRUCTION
CORPORATION OF AMERICA~ UNKNOWN
SPOUSE OF ELIZABETH BAUERLE;
UNKNOWN SPOUSE OF MARK GILLESPIE,
UNKNOWN SPOUSE OF NEIL J GILLESPIE;
UNKNOWN SETILERS I BENEFICIARIES OF
THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1007;
UNKNOWN TRUSTEES M SETILERS AND STATE OF FLORtDA COUNTY OF r~ARlott
9

IHERf-BY CERTIfY that the forepg ~ true and


BENEFICIARIES OF uNKNOWN SETTLERS I
BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
instrument fit~ inthis"
correct copy of pages-LuvOUQhd of the

The original instrument'" ~


_"\
FEBRUARY 10) 1997~ UNKNOWN TENANT IN .eY" rhts COfII has no redMiDM.

L] T1'i! CDf1I has btIn redadetj IJ'I'SUIM to . .

POSSESSION I AND UNKNOWN TENANT IN


POSSESSION 2 =l~ or , Qut
"
DefendantIRespondent

Exhibit ID# Date DESCRIPTION OF ITEM Date Evidence


Introduced Admitted as 10#
Evidence

' ...

* Original Adjustable Rate Note ( Home Equity 07/18/2017 PL-l


Conversion)

1
• Adjustable Rate Home Equity Conversion 07/18/2017 PL-2
Mortgage

• Assignment of Mortgage 07/18/2017 PL-3

., Notice of Default and Intent to Foreclose 07/18/2017 PL-4


l'
",~ Copy of: Home Equity Conversion Loan Agreement 07/18/2017 PL-5

Payoff Statement 07/18/2017 PL 6


, ~
Composite

Evidence received in Clerks' office 07/18/2017

• Origianal Documents kept in Court File

Court Clerk's Signature Date

Attorney for PlaintiffIPetitioner Attorney for Defendant/Respondent


Page 1 of 3

Neil Gillespie

From: <eservice@myflcourtaccess.com>
Sent: Tuesday, July 18, 2017 7:24 AM
Attach: Other Motion Not Listed.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To Brief.pdf; Attachment To Brief - Pages 1 to 79.pdf
Subject: SERVICE OF COURT DOCUMENT - CASE NUMBER NEW CASE - Part 1 of 3
Notice of Service of Court Documents

Filing Information

Filing #: 59132663
Filing Time: 07/18/2017 07:24:12 AM ET
Filer: Neil J. Gillespie 352-854-7807
Court: The Supreme Court of Florida
Case #: NEW CASE
Court Case #: NEW CASE
Case Style: Neil J Gillespie VS. Curtis Wilson

Documents

Title File

EMERGENCY PETITION TO CANCEL NON-JURY TRIAL


Other Motion Not Listed
10.00 AM TODAY.pdf

APPENDIX A DEFENDANTS' EMERGENCY MOTION TO


Appendix/Attachment To Brief
CANCEL HEARING JULY 18, 2017.pdf

APPENDIX B DEFENDANTS’ NOTICE OF FILING U.S.


Appendix/Attachment To Brief
SUPREME COURT PETITION AND RESPONSE.pdf

APPENDIX 1 Order Dismissal Mar-31-2017, Notice


Appendix/Attachment To Brief
Appeal Mar-27-2017.pdf

APPENDIX 2 NOTICE OF FILING FEDERAL CIVIL


Appendix/Attachment To Brief
RIGHTS COMPLAINT.pdf

APPENDIX 3 US Supreme Court Clerk's reply letter Mr


Appendix/Attachment To Brief
Higgins Oct-19-2016.pdf

APPENDIX 4 Affidavit of Neil Gillespie re Dr. Kassels


Appendix/Attachment To Brief
Jun-12-2017.pdf

2 7/19/2017
Page 2 of 3

APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE


Appendix/Attachment To Brief
Traumatic Brain Injury (TBI).pdf

APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM


Appendix/Attachment To Brief
AGE LIMITS.pdf

APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE -


Appendix/Attachment To Brief
DEFENSES AND CLAIMS IN RECOUPMENT.pdf

Other Motion Not Listed MOTION TO PROCEED IN FORMA PAUPERIS.pdf

E-service recipients selected for service:

Name Email Address

Neil J. Gillespie neilgillespie@mfi.net

Curtis Wilson MRService@mrpllc.com

MRService@mccalla.com

Honorable Ann Melinda amcraggs@circuit5.org


Craggs

E-service recipients deselected for service:

Name Email Address

No Matching Entries

This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not

7/19/2017
Page 3 of 3

receive email.

Thank you,
The Florida Courts E-Filing Portal

7/19/2017
Page 1 of 3

Neil Gillespie

From: <eservice@myflcourtaccess.com>
Sent: Tuesday, July 18, 2017 7:24 AM
Attach: Attachment To Brief - Pages 80 to 117.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To Brief.pdf; Attachment To Brief -
Pages 1 to 21.pdf
Subject: SERVICE OF COURT DOCUMENT - CASE NUMBER NEW CASE - Part 2 of 3
Notice of Service of Court Documents

Filing Information

Filing #: 59132663
Filing Time: 07/18/2017 07:24:12 AM ET
Filer: Neil J. Gillespie 352-854-7807
Court: The Supreme Court of Florida
Case #: NEW CASE
Court Case #: NEW CASE
Case Style: Neil J Gillespie VS. Curtis Wilson

Documents

Title File

EMERGENCY PETITION TO CANCEL NON-JURY TRIAL


Other Motion Not Listed
10.00 AM TODAY.pdf

APPENDIX A DEFENDANTS' EMERGENCY MOTION TO


Appendix/Attachment To Brief
CANCEL HEARING JULY 18, 2017.pdf

APPENDIX B DEFENDANTS’ NOTICE OF FILING U.S.


Appendix/Attachment To Brief
SUPREME COURT PETITION AND RESPONSE.pdf

APPENDIX 1 Order Dismissal Mar-31-2017, Notice


Appendix/Attachment To Brief
Appeal Mar-27-2017.pdf

APPENDIX 2 NOTICE OF FILING FEDERAL CIVIL


Appendix/Attachment To Brief
RIGHTS COMPLAINT.pdf

APPENDIX 3 US Supreme Court Clerk's reply letter Mr


Appendix/Attachment To Brief
Higgins Oct-19-2016.pdf

APPENDIX 4 Affidavit of Neil Gillespie re Dr. Kassels


Appendix/Attachment To Brief
Jun-12-2017.pdf

3 7/19/2017
Page 2 of 3

APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE


Appendix/Attachment To Brief
Traumatic Brain Injury (TBI).pdf

APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM


Appendix/Attachment To Brief
AGE LIMITS.pdf

APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE -


Appendix/Attachment To Brief
DEFENSES AND CLAIMS IN RECOUPMENT.pdf

Other Motion Not Listed MOTION TO PROCEED IN FORMA PAUPERIS.pdf

E-service recipients selected for service:

Name Email Address

Neil J. Gillespie neilgillespie@mfi.net

Curtis Wilson MRService@mrpllc.com

MRService@mccalla.com

Honorable Ann Melinda amcraggs@circuit5.org


Craggs

E-service recipients deselected for service:

Name Email Address

No Matching Entries

7/19/2017
Page 3 of 3

This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not
receive email.

Thank you,
The Florida Courts E-Filing Portal

7/19/2017
Page 1 of 3

Neil Gillespie

From: <eservice@myflcourtaccess.com>
Sent: Tuesday, July 18, 2017 7:24 AM
Attach: Attachment To Brief - Pages 22 to 22.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To
Brief.pdf; Other Motion Not Listed.pdf
Subject: SERVICE OF COURT DOCUMENT - CASE NUMBER NEW CASE - Part 3 of 3
Notice of Service of Court Documents

Filing Information

Filing #: 59132663
Filing Time: 07/18/2017 07:24:12 AM ET
Filer: Neil J. Gillespie 352-854-7807
Court: The Supreme Court of Florida
Case #: NEW CASE
Court Case #: NEW CASE
Case Style: Neil J Gillespie VS. Curtis Wilson

Documents

Title File

EMERGENCY PETITION TO CANCEL NON-JURY TRIAL


Other Motion Not Listed
10.00 AM TODAY.pdf

APPENDIX A DEFENDANTS' EMERGENCY MOTION TO


Appendix/Attachment To Brief
CANCEL HEARING JULY 18, 2017.pdf

APPENDIX B DEFENDANTS’ NOTICE OF FILING U.S.


Appendix/Attachment To Brief
SUPREME COURT PETITION AND RESPONSE.pdf

APPENDIX 1 Order Dismissal Mar-31-2017, Notice


Appendix/Attachment To Brief
Appeal Mar-27-2017.pdf

APPENDIX 2 NOTICE OF FILING FEDERAL CIVIL


Appendix/Attachment To Brief
RIGHTS COMPLAINT.pdf

APPENDIX 3 US Supreme Court Clerk's reply letter Mr


Appendix/Attachment To Brief
Higgins Oct-19-2016.pdf

APPENDIX 4 Affidavit of Neil Gillespie re Dr. Kassels


Appendix/Attachment To Brief
Jun-12-2017.pdf

4 7/19/2017
Page 2 of 3

APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE


Appendix/Attachment To Brief
Traumatic Brain Injury (TBI).pdf

APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM


Appendix/Attachment To Brief
AGE LIMITS.pdf

APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE -


Appendix/Attachment To Brief
DEFENSES AND CLAIMS IN RECOUPMENT.pdf

Other Motion Not Listed MOTION TO PROCEED IN FORMA PAUPERIS.pdf

E-service recipients selected for service:

Name Email Address

Neil J. Gillespie neilgillespie@mfi.net

Curtis Wilson MRService@mrpllc.com

MRService@mccalla.com

Honorable Ann Melinda amcraggs@circuit5.org


Craggs

E-service recipients deselected for service:

Name Email Address

No Matching Entries

7/19/2017
Page 3 of 3

This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not
receive email.

Thank you,
The Florida Courts E-Filing Portal

7/19/2017
Filing # 59135349 E-Filed 07/18/2017 09:00:15 AM

Supreme Court of Florida


Office of the Clerk
500 South Duval Street
Tallahassee, Florida 32399-1927
JOHN A. TOMASINO PHONE NUMBER: (850) 488-0125
CLERK www.floridasupremecourt.org
MARK CLAYTON
CHIEF DEPUTY CLERK
KRISTINA SAMUELS
STAFF ATTORNEY

ACKNOWLEDGMENT OF NEW CASE

July 18, 2017

RE: NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE


SOLUTIONS, INC.

CASE NUMBER: SC17-1321


Lower Tribunal Case Number(s): 422013CA000115CAAXXX

The Florida Supreme Court has received the following documents reflecting a filing
date of 7/18/2017.

Motion to Proceed In Forma Pauperis


Notice of Federal Civil Right Complaint with Appendix
Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today
Defendant’s Emergency Motion to Cancel Hearing July 18, 2017
Defendant’s Notice of Filing U.S. Supreme Court Petition and Response
Appellant’s Notice of Appeal received 03/27/2017 with Disposition Order

The above listed petition has been treated as a Petition for Writ of Prohibition with
Appendices.

The Florida Supreme Court's case number must be utilized on all pleadings and
correspondence filed in this cause.

tr
cc: 5
CASE NO.: SC17-1321
Page Two

CURTIS ALAN WILSON


NEIL J. GILLESPIE
HON. DAVID R. ELLSPERMANN, CLERK
Filing # 59186225 E-Filed 07/18/2017 04:31:32 PM

Supreme Court of Florida


TUESDAY, JULY 18, 2017

CASE NO.: SC17-1321


Lower Tribunal No(s).:
422013CA000115CAAXXX

NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE SOLUTIONS, INC.

Petitioner(s) Respondent(s)

Petitioner has submitted an “Emergency Petition to Cancel Non-Jury Trial

10:00 AM Today,” which this Court has treated as a petition for writ of

prohibition. The petition for writ of prohibition is hereby transferred, pursuant to

Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fifth District Court of

Appeal. The transfer of this case should not be construed as an adjudication or

comment on the merits of the petition, nor as a determination that the transferee

court has jurisdiction or that the petition has been properly denominated as a

petition for writ of prohibition. The transferee court should not interpret the

transfer of this case as an indication that it must or should reach the merits of the

petition. The transferee court shall treat the petition as if it had been originally

filed there on the date it was filed in this Court and is instructed to consider

expediting the petition as it appears to be time sensitive based upon the

allegations; however, a determination to expedite consideration is at the discretion

6
CASE NO.: SC17-1321
Page Two

of the transferee court. Any determination concerning whether a filing fee shall be

applicable to this case shall be made by the transferee court. Any and all pending

motions in this case are hereby deferred to the transferee court.

Any future pleadings filed regarding this case should be filed in the above

mentioned district court at 300 South Beach Street, Daytona Beach, Florida 32114.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND,

IF FILED, DETERMINED.

A True Copy
Test:

two
Served:

CURTIS ALAN WILSON


NEIL J. GILLESPIE
HON. JOANNE P. SIMMONS, CLERK
HON. DAVID R. ELLSPERMANN, CLERK