Defendants' Verified Motion For Reconsideration Fla. R. Jud. Admin., Rule 2.330 (H), Prior Rulings

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

Plaintiff,
vs.
CASE NO.: 2013-CA-000115

42-2013-CA-000115-AXXX-XX
Disputed HECM Residential Foreclosure
Florida Homestead of Neil J. Gillespie
NEIL J. GILLESPIE AND MARK GILLESPIE

AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
This is Not a Commercial Foreclosure:

Note missing. F.S. 702.015/Rule 1.115
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.

2.
February 1, 2016
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 Stancils 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-092015, Filing # 34313389 E-Filed 11/11/2015 03:01:30 AM, was pending, and is therefore
void.
2

4.
February 1, 2016
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)
[Elizabeth Bidgood]
Unknown spouse of Elizabeth

Bauerle, n.k.a. Scott A. Bidgood
effective December 2, 2013, is the address of the property subject to foreclosure,

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

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: neilgillespie@mfi.net
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.
3

February 1, 2016
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 Clerks 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 Clerks 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.

February 1, 2016
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 Loop
Ocala, Florida 34481
Phone: 352-854-7807

February 1, 2016
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.
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: MRService@mccallaraymer.com
Ms. Colleen Murphy Davis, AUSA

400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: USAFLM.HUD@usdoj.gov
JAXSFFORECLOSURES@hud.gov
Gregory C. Harrell
General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: gharrell@marioncountyclerk.org
David R. Ellspermann Marion County Clerk

of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: Ellspermann@marioncountyclerk.org
Development & Construction Corporation

of America, c/o Carol Olson, Vice President
of Administration and Secretary-Treasurer,
for RA Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Email: colson@deccahomes.com
Oak Run Homeowners Association, Inc.

c/o Board of Directors, orhaboard@yahoo.com
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 34481
Email: mark.gillespie@att.net
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
6

February 1, 2016
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie

Ft. Worth, TX 76123
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
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)
[Elizabeth Bidgood]
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Elizabeth Bauerle,

n.k.a. Scott A. Bidgood
8092 SW 115th Loop
Ocala, FL 34481
IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
.
REVERSE MORTGAGE SOLUTIONS,

INC.,
CASE NO.42-2013-CA-000115-AXXX-X
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Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK

GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,
1997, et al.,
Defendants.
ORDER FROM CASE MANAGEMENT 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.

11.
NE AND ORDERED at Marion County, Florida, this
; 20/L7 .
CIRCUIT JUDGE
Copies to parties on the attached service list.
3668863
`
z
12-02121-2
SERVICE LIST
MCCALLA RAYMER, LLC
225 E. ROBINSON ST. SUITE 660
ORLANDO, FL 32801
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
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)
Tampa, FL 33602
USAFLM.HUD.Disclaimers@usdoj.gov
Michalene.Y.Rowells@hud.gov
3668863
12-02121-2
Mark Gillespie
7504 Summer MeaclOws Drive
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481
neilgillespie@mfi.nei
'CERTIFY THATAN ORIC6141COPY

FEREOF HAS SEEA FtiRMED BY U.S.P.S.
MAIL:i 0:
D.0
3668863
12-02121-2

FIFTH JUDICIAL CIRCUIT IN AND
FOR MARION COUNTY, FLORIDA
REVERSE MORTGAGE SOLUTIONS,INC.,

Plaintiff,
vs.
CASE NO.: 2013-CA-0115

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 in Ocala, Florida, this
Jf( day of December, 2014.
ER.STANCIL
Circuit Court Judge
Page 1 of 3
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:
7480 SW Highway 200
Ocala, FL 34476
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Mark Gillespie nlk/a Joetta Gillespie
Ft. Worth, TX 76123
clo 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
Ft. Worth, TX 76123
6356 SW l06th Place
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney
Tampa, FL 33602
Mark Gillespie
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Page 2 of 3
Curtis Wilson, Esq.

McCalla Raymer, LLC
Orlando, FL 32801
Page S ofS
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CIRCUIT JUDGE
FIFTH JUDICIAL CIRCUIT OF FLORIDA
Marion County Judicial Center
110 N.W. 1st Avenue, Room 2017
Ocala, FL 34475
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REVERSE MORTGAGE SOLUTIONS,INC.,

Plaintiff,
CASE NO.: 2013-CA-Ol15
vs.
LDnNGTRUSTAGREEMENT
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.
.5 day of February, 2015.

ER. STANCIL
Circuit Court Judge
U.S. Mail this ~ day of February, 2015, to the following:
Page 1 of 2

7480 SW Highway 200
Ocala, FL 34476
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Mark Gillespie n!k/a Joetta Gillespie
Ft. Worth, TX 76123
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
Ft. Worth, TX 76123
6356 SW 106th Place
Ocala, FL 34476
Tampa, FL 33602
Mark Gillespie
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Curtis Wilson, Esq.
McCalla Raymer, LLC
Orlando, FL 32801
Page 2of2
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IN THE CIRCUIT COuRT OF THE

FIFTH JUD ICIAL CIRCUIT IN AND
INC.,
Plaintiff,
vs.
CASE NO.: 2013-CA-Ol15

LIVING TRUST AGREEMENT
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.
/2 day of No
ember, 2015
US/Interoffice mail this \~day of November, 2015, to the following:
7480 SW Highway 200
Ocala, FL 34476
Page 1 of 2
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Mark Gillespie n/kIa Joetta Gillespie
Ft. Worth, TX 76123
clo 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
Ft. Worth, TX 76123
6356 SW 106th Place
Ocala, FL 34476
Tampa, FL 33602
Mark Gillespie
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Curtis Wilson, Esq.
McCalla Raymer, LLC
Orlando, FL 32801
Page 2 of 2
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INC.,
Plaintiff,
vs.
CASE NO.: 2013-CA-0115

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. 5th 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
US/Interoffice mail this ~ay of November, 2015, to the following:
7480 SW Highway 200
Ocala, FL 34476
8092 SW 115th Loop
Ocala, FL 344.81
Unknown spouse of Mark Gillespie n1k/a Joetta Gillespie
Ft. Worth, TX 76123
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
Ft. Worth, TX 76123
6356 SW 106th Place
Ocala, FL 34476
Tampa, FL 33602
Mark Gillespie
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Page 2 of 3
Curtis Wilson, Esq.

McCalla Raymer, LLC
Orlando, FL 32801
Sue Sta.l...Ll"']~-
Judicial Assistant
Page 3 of 3
State of Illinois
Illinois Department of Public Health
VERIFICATION OF MARRIAGE
l~S the State Registrar of Vital Records, I hereby certify that based on the infoflnation provided,
_ _ _S_C_O_T_T_A_B_I_D_G_O_O_D
and _ _
E_L_IZ_A_B_E_T_H_A_B_A_U_E_RLE__
__
JVanle oj~'Jlife/Sp()u.5t>
\vere 111arried on _ _0_6_1_1_4_/2_0_1_3_ _ in
KAN_E
__
County, Illinois.
[)ate
N\~J 0, G'nth
Date issued: __0_1_1_15_/_20_1_6__
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
VR-602 O/15r)
KANE
County in
, Illinois.
lOCI 15-545 ~

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 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:
mark.gillespie@att.net.
4.
Defendants 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
0.61-2013.
norable Circuit Judge
Mailing List:
Angela M. Brenwald, Esq.
McCalla Raymer LLC
225 E. Robinson St.
Orlando, FL 32801
Email: mrservice@mccallaraymer.com
Counsel for Plaintiff
MARK GILLESPIE, JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF MARK
GILLESPIE and ELIZABETH BAUERLE
Ft. Worth, TX 76123
Defendant(s)
Tiffany Caparas, Esq.
Kaufman, Englett & Lynd, PLLC
111 N. Magnolia Ave., Suite 1600
Orlando, FL 32801
Primary Email: TCaparas@kelattorneys.com
Secondary Email: KELinbox@kelattorneys.com
Form 1.997 CIVIL COVER SHEET
The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other
papers as required by law. This form sh~lI~be.fi~d by the plaintiff or petitioner for the use of the Clerk of the Court for the purpose of
reporting judicial workload data pursuanit<Y Ftbrlda Statutes Section 25.075.
CASE STYLE
I.

JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
Plaintiff
Case #
Judge:
REVERSE MORTGAGE SOLUTIONS, INC.
l 3. - \ \ :- L.ea=
vs.
Defendant
II.
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES

OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, et ale
.~ '~"
TYPE OF CASE
(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 a broader category), place an "x" in both
the main category and subcategory boxes.
Condominium
Homestead residential foreclosure SO $50,000
Contracts and indebtedness
Homestead residential foreclosure $50,00 I -$249,999
Eminent domain
Homestead residential foreclosure S250,000 or more
Auto negligence
Nonhomestead residential foreclosu.re
Negligence - other
SO $50,000
Business governance
Nonhomestead residential foreclosure
Business torts
$50,001 - $249,999
EnvironmentallToxic tort
Third party indemnification
$250,000 or more
,_.. f::-'
Other real property actions $0 -~~:s..O~?p'O
Construction defect
-
Premises liability residential
Malpractice - medical
X Real PropertylMortgage Foreclosure

Commercial foreclosure SO .. $50,000
.X_Commercial foreclosure 550,001 - $249,999
Commercial foreclosure 5250,000 or more
IJ
__"
...-..
:" ;: ~?;
r-~:;.~~
Z
.'
f~,?
~.
;,.
. I
..... " ..
.r
U1
Malpractice .. other professional

Other
AntitrustlTrade regulation
Business transactions
Constitutional challenge - statute or ordinance
Constitutional challenge .. proposed amendment .
Libel/Slander
Corporate trusts
Shareholder derivative action
960921
~~I'
=::
':- : ......
:'-~ ::
_,,'
Professional malpractice
Malpractice business
Other real property actions $25~09Q'or mor\~
Premises liability - c~mmercial

Products liability
~~::
Other real property actions 550;00:" $249~9
---
Nursing home negligence
r':
_~
Mass tort
Negligent security
.....
:.=
~ ~-'~ :'::'~
;....
-. (,-.)
( ....
12..02121-2
II.
TYPE OF CASE
descriptive label is a subcategory (is indented under 8 broader category), place an "x" in both
the main c~tegory and subcategory boxes.
.'0... . \
.
Condominium
III.
.~
Homestead residential foreclosure $0 $50,000
Discrimination - employment or other
Securities litigation
Insurance claims
Trade secrets
Intel1ectual property
Trust litigation
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 CLASS ACTION 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
d in this cover sheet is accurate to the best of my knowledge and belief.

la. Bar#
Signatu
Attorney or party
0029364
(Bar # if attorney)
Danielle N. Parsons
960921
12-02121-2
VIA Email gharrell@marioncountyclerk.org

Gregory C. Harrell
General Counsel to David R. Ellspermann
Marion County Clerk of Court & Comptroller
December 24, 2014
RE: Clerks 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 Clerks 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.
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
Phone: 352-854-7807
Enclosures
RULE 1.100
FLORIDA RULES OF CIVIL PROCEDURE
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-party
complaint is served. If an answer or third-party answer contains an affirmative defense and the opposing
party seeks to avoid it, the opposing party shall file
a reply containing the avoidance. No other pleadings
shall be allowed.
(b) Motions. An application to the court for an order 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 fulfilled if the motion is stated in a written notice of
the hearing of the motion. All notices of hearing shall
specify 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 file number, the name of the first party
on each side with an appropriate indication of other
parties, and a designation identifying the party filing
it and its nature or the nature of the order, as the case
may be. All papers filed in the action shall be styled in
such a manner as to indicate clearly the subject matter of the paper and the party requesting or obtaining
relief.1
(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.
(3) A final disposition form (form 1.998) shall be
filed with the clerk by the prevailing party at the time
of the filing 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 parties, the plaintiff or petitioner immediately shall file
a final disposition form (form 1.998) with the clerk.
RULE 1.110
The clerk shall complete the final disposition form for

a party appearing pro se, or when the action is dismissed 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 Plaintiffs Motion for Summary Judgment, Defendants Motion to Compel, Order Denying Defendants Motion to Dismiss, Final Judgment for Plaintiff, etc.
Committee Notes
1971 Amendment. The change requires a more complete designation of the document that is filed so that it may be more rapidly
identified. It also specifies the applicability of the subdivision to all
of the various documents that can be filed. For example, a motion to
dismiss should now be entitled defendants 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 affirmative defense in
an answer or third-party answer. It is intended to eliminate thereby
the problems exemplified 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 technical 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 plain
statement of the grounds upon which the courts jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction 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
CIV-24
Form 1.997 CIVIL COVER SHEET
The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other
papers as required by law. This form sh~lI~be.fi~d by the plaintiff or petitioner for the use of the Clerk of the Court for the purpose of
reporting judicial workload data pursuanit<Y Ftbrlda Statutes Section 25.075.
CASE STYLE
I.

JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
Plaintiff
Case #
Judge:
REVERSE MORTGAGE SOLUTIONS, INC.
l 3. - \ \ :- L.ea=
vs.
Defendant
II.
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES

OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, et ale
.~ '~"
TYPE OF CASE
descriptive label is a subcategory (is indented under a broader category), place an "x" in both
the main category and subcategory boxes.
Condominium
Homestead residential foreclosure SO $50,000
Contracts and indebtedness
Homestead residential foreclosure $50,00 I -$249,999
Eminent domain
Homestead residential foreclosure S250,000 or more
Auto negligence
Nonhomestead residential foreclosu.re
Negligence - other
SO $50,000
Business governance
Business torts
$50,001 - $249,999
EnvironmentallToxic tort
Third party indemnification
$250,000 or more
,_.. f::-'
Other real property actions $0 -~~:s..O~?p'O
Construction defect
-
Premises liability residential
Malpractice - medical
X Real PropertylMortgage Foreclosure

Commercial foreclosure SO .. $50,000
.X_Commercial foreclosure 550,001 - $249,999
Commercial foreclosure 5250,000 or more
IJ
__"
...-..
:" ;: ~?;
r-~:;.~~
Z
.'
f~,?
~.
;,.
. I
..... " ..
.r
U1
Malpractice .. other professional

Other
AntitrustlTrade regulation
Business transactions
Constitutional challenge - statute or ordinance
Constitutional challenge .. proposed amendment .
Libel/Slander
Corporate trusts
Shareholder derivative action
960921
~~I'
=::
':- : ......
:'-~ ::
_,,'
Professional malpractice
Malpractice business
Other real property actions $25~09Q'or mor\~
Premises liability - c~mmercial

Products liability
~~::
Other real property actions 550;00:" $249~9
---
Nursing home negligence
r':
_~
Mass tort
Negligent security
.....
:.=
~ ~-'~ :'::'~
;....
-. (,-.)
( ....
12..02121-2
II.
TYPE OF CASE
descriptive label is a subcategory (is indented under 8 broader category), place an "x" in both
the main c~tegory and subcategory boxes.
.'0... . \
.
Condominium
III.
.~
Homestead residential foreclosure $0 $50,000
Discrimination - employment or other
Securities litigation
Insurance claims
Trade secrets
Intel1ectual property
Trust litigation
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 CLASS ACTION 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
d in this cover sheet is accurate to the best of my knowledge and belief.

la. Bar#
Signatu
Attorney or party
0029364
(Bar # if attorney)
Danielle N. Parsons
960921
12-02121-2

Defendants' Verified Motion For Reconsideration Fla. R. Jud. Admin., Rule 2.330 (H), Prior Rulings

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Defendants' Verified Motion For Reconsideration Fla. R. Jud. Admin., Rule 2.330 (H), Prior Rulings

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

THIS IS NOT A COMMERCIAL FORCLOSURE

IN THE CIRCUIT COURT OF THE

REVERSE MORTGAGE SOLUTIONS, INC.,

CASE NO.: 2013-CA-000115

NEIL J. GILLESPIE AND MARK GILLESPIE

This is Not a Commercial Foreclosure:

case under Rule 2.330(h), Florida Rules of Judicial Administration:

DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION

On January 12, 2016 my Filing # 36445015 E-Filed 01/12/2016 at 12:09:42 PM,

ORDER FROM CASE MANAGEMENT CONFERENCE, January 6, 2015 (Exhibit 1)

ORDER DENYING DEFENDANT'S MOTION DISQUALIFY HALE STANCIL,

ORDER DENYING DEFENDANT'S SECOND MOTION TO DISQUALIFY JUDGE

ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY JUDGE HALE

ORDER DENYING DEFENDANT'S MOTION TO STRIKE SHAM PLEADINGS,

DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION

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

SCOTT A. BIDGOOD and ELIZABETH A. BAUERLE

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

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

Unknown spouse of Elizabeth

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

8092 SW 115th Loop

DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION

On February 7, 2015, I filed my affidavit of residential homestead,

I notified Gregory C. Harrell, General Counsel to David R. Ellspermann, Marion County

DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION

Neil J. Gillespie, individually, and former Trustee,

DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION

Service List February 1, 2016

Ms. Colleen Murphy Davis, AUSA

David R. Ellspermann Marion County Clerk

Development & Construction Corporation

Oak Run Homeowners Association, Inc.

DEFENDANTS VERIFIED MOTION FOR RECONSIDERATION

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie

Unknown spouse of Elizabeth Bauerle,

IN THE CIRCUIT COURT OF THE FIFTH

REVERSE MORTGAGE SOLUTIONS,

NEIL J. GILLESPIE AND MARK

ORDER FROM CASE MANAGEMENT CONFERENCE

Defendant's Motion to Dismiss is hereby DENIED

Defendant's Motion to Disqualify Judge Hale Stancil is hereby DENIED

Defendant's Motion to Quash Service of Process is hereby DENIED

Defendant is hereby ordered to file an Answer to the Plaintiff's Complaint within 20

days of the execution of this order.

'CERTIFY THATAN ORIC6141COPY

IN THE CIRCUIT COURT OF THE

REVERSE MORTGAGE SOLUTIONS,INC.,

CASE NO.: 2013-CA-0115

NEIL J. GILLESPIE AND MARK

ORDERED in Ocala, Florida, this

Jf( day of December, 2014.

Curtis Wilson, Esq.

FIFTH JUDICIAL CIRCUIT OF FLORIDA

Marion County Judicial Center

110 N.W. 1st Avenue, Room 2017

3448 i $3557 Rest::7

III JI1 1It,,J 'I'"I' J,'1 1JJJ',. II

JI' JJIJ, ,1 111,1 J II" H11' I

IN THE CIRCUIT COURT OF THE

REVERSE MORTGAGE SOLUTIONS,INC.,

ORDER DENYING DEFENDANT'S SECOND MOTION TO DISQUALIFY JUDGE