AFFIDAVIT IN SUPPORT OF FAILURE TO COMPLY WITH

SETTLEMENT COURT ORDER OF TOI29I2OTO

By Courtney Gillespie
first hand witness to all of the

I, Courtney Gillespie, Affiant herein, am

fbllowing events described herein.

2.

On or about Sunday, November 7,2010 at approximately 2:00 pm, Affiant

finished installing a fence around the electric meter pole and telephone box,
with a gate access to the outside of the fence around Affiant's property.

3.

This was in compliance with the courl ordered settlement agreement in case
number 10-23752I. According to the settlement agreement, Defendant
Hoffman was to pay Affiant $2800 (twenty eight hundred dollars) as soon as
Affaint finished with the fence and the gate constructed for Mr. Nicklas
Hoffman access to the telephone box and the electric meter.

4.

As soon as Affiant was finished with the construction, Affrant noticed Mr.
Hoffman and his handy man Brett Thompson come out of Mr. Hoffman's
gate. Mr. Hoffman was visibly angry.

5.

Mr. Hoffman stood in the middle of the road at the edge of his property
screaming and flailing his arms. He screamed "My internet radio station is
not working! Somebody cut my phone lines!" Mr. Hoffman continue
screaming in the street for approximately 15 minutes.

6.

Affiant called to Brett Thompson to come over to where Affiant was standing,
and told him to tell Mr. Hoffman that the sate was ready and he could come

and check the box himself.

7.

Melody Gillespie, Affiant's wife, called the phone company's Tech support to
have Tech Support check the lines to see if there were any problems in the
phone lines. No one had called Tech Support prior to Melody to have the
lines checked.

8.

Affiant did not understand why Nicklas Hoffman was screaming in the streets
at the same time as he was supposed to pay Affiant as per the settlement
agreement, and courl order of case number 10-237 521 . Affiant has nothing to
gain by cutting Mr. Hoffman's phone wires. Affiant is paying a tremendous
amount of money for Mr. Hoffman's electricity (See attached exhibit E,
electricity bill log from SCE.com web site). Mr. Hoffman has not paid any of
his electricity use since June 2005. If Affiant was going to stop Mr. Hoffman
from the usage of a utility, it would be the electricity and Affiant could turn
that off without impunity, because he has tailed to make any payments.
Affiant fixed the fence as agreed by Mr. Hoffman's request, and had his own
entrance, that he could put his own lock on, at his request, and in return Mr.

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18.

At approximately 3:25,the men returned again, went over to the phone box,
unplugged, and reconnected the wires several times.

19.

At approximately 3:35 pm, as the men were leaving again, Mr. Hoffman said
loudly to the men with him, that he was going to have the phone company
reroute the wires to another pole. Mr. Hoffman then stated, "Anyway I am
going to have them out of here soon enough!" (referring to Affiant and his
wife).

20.

The tone of Mr. Hoffman's voice and the way Hoffman had stated, Anyway,
am going to have them out of here soon enough!", caused Affiant to believe
that Mr. Hoffman had done something or had plans to do something to force
Affiant and wife to leave their home.

21.

At approximately 4:45 pm, Mr. Hoffman returned with a roll of wire

and

spliced into the phone box to run lines overhead, through the trees, across the
driveways and fence lines to his house. Mr. Hoffman finished the work at
approximately 5:45 pm.
22.

Affiant did not understand why Mr. Hoffman did this because when

he

installed his phone line cables underground to his house and garage, he
installed two cable lines running from the phone box to his house and garage.
The one cable that Mr. Hoffman checked was the cable his phone lines were
connected to. Mr. Hoffman never checked his second cable to see if it was
okay, and still active. All he would have had to do was switch his phone line
over to the second cable. Instead at approximately 4:45 pm, Mr. Hoffman
installed new lines overhead.
L).

At approximately 6 p-, Affiant left the property , the taking the family dog
with me, to go babysit Affiant's grandchildren. Affiant's wife, Melody,
works night shift and had gone to bed to sleep.

')A

At approximately 9:00 pm, Affiant returned home, and Affiant's wife went to
work shortly after at approximately 10:00 pm.

25.

The next morning, Monday, November 8, 2010, at approximately 8:30 am,

Affiant noticed a strong smell of propane outside, in the back of the trailer in
which Affiant lives. Affiant went to check and found that the propane lines
had been tampered with. The lines were very loose and only finger tightened,
causing a rapid loss of propane. The propane bottle requires tools to connect
to the lines to tighten the connection which prevents leakage. Affiant keeps
the tools to exchange and tighten the propane bottles next to the propane
bottle inside the trailer LPG compartment, which is unlocked. Affiant does
not have a key for it.

26.

At approximately 9:00 am, Sunday, the day before, Affiant had checked the
amount of propane left in the bottle as Affiant does every Sunday to see if
more is needed. At that time the connections were tight, and there was plenty
of propane.

27.

The concentration of the amount of propane that escaped would have caused
at the very least an instant fire, enveloping the whole trailer, if anyone had
turned on the hot water. The flame for the hot water is approximately four
feet from the propane tank.

28.

On Affiant's street, there are only four houses, on one side of Affiant's house
is a retired deputy sheriff and on the other side is Mr. Hoffman. Affiant's
property is secure from the street, by locking fences. Mr. Hoffman is the only
one who knows where our propane tanks are. Mr. Hoffman and Affiant have
been friends for many years until last year when Hoffman schemed to get rid
of Affiant and his family, in order to sell the entire lot including the property
Hoffman sold to Affiant by way of land sales contract. Hoffman and his
family spent much time socialtzingat Af|tant's house and knows where
everything is and what our schedules are. Hoffman designed and helped build
the deck and roof that covers our trailer, where the propane tank is stored'

29.

Mr. Hoffman jumps the fence between Affiant's and his property, whenever
he wants to come ovet, for whatever reason.

-t (.,.

Affiant fully believes that Mr. Hoffman is responsible for the tampering of the
propane bottle.

al
JI,

Affiant believes that is what Mr. Hoffman meant by "Anyway, I will have
them out of here soon enough!" Affiant fully believes that Mr. Hoffman
would rather cause an explosion or fire, destroying Affiant's home, then
comply with the coufi ordered agreement.

)2.

Attached are exhibits of information at how volatile and explosive propane is,
and what can happen with propane leaks.

aa
JJ.

On or about November 1 1, 201 0 the phone company began digging trenches

to put new underground lines in for all of Mr. Hoffman's phone lines,
upgrading his DSL and cable lines, on the outside of the fence line. Mr.
Hoffman no longer uses the phone box.

34.

On or about November 16, while Affiant was at work and Affiant's wife was
grocery shopping, Mr. Hoffinan came into the fenced area, cut the cable he
had installed through the trees and over the driveways, and disconnected all of
the wires, so that a cut cable was exposed and all of the wires in the phone
box.

35.

On or about November 1I,2070, Affiant's mother-in-law fainted and was

taken to the hospital. While there she had several strokes and a heart attack
and became comatose on life supporl. The decision had to be made whether
or not to keep her on life support, and the family decided with her prognosis
of coming back to us was nonexistent. The family had to make the decision to
remove her from life support. She subsequently died a few days later.
Affiant's wife had to leave out of state.

36.

Because of everything that has been happening due to Affiant's mother-inlaw's sudden illness and death, Affiant has not been able to get this Affidavit
in timely, when the 30 days from the order of the court had passed.

37.

Further Affiant sayeth naught.

I, Courtney Gillespie, a Plaintiff herein, do declare under penalty of perjury

under the Laws of the State of Califbrnia that the foregoing is true and
correct to the best of my knowledse and understandins.

nut.'[- ? 7- lC)

lespie

J RlNGGol-D 2

Couu.# 1775088 ri
NOTARY

PUBTIC.CALIFORNIA VI

TULAflE
MY

(]OUNTY :

Couil. ExP, Nov.5,2011

SHH A1TACHED JURA:I"

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