Filing # 41583325 E-Filed 05/16/2016 09:57:09 PM

THIS IS NOT A COMMERCIAL FORCLOSURE

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY

REVERSE MORTGAGE SOLUTIONS, INC.,

CASE NO.: 2013-CA-000115
42-2013-CA-000115-AXXX-XX

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997, ET AL.

Residential HECM Foreclosure Case

Florida Homestead of Neil J. Gillespie
F.S. 702.015 Note missing
Rule 1.115 Pleading Mortgage Foreclosures
Rule 1.1 OO(c)(2) Civil cover sheet wrong.
F.S. 837.06 False Official Statements
F.S. 92.525 Verification of documents

Defendants.

- - - - - - - - - - - - - - - - -/
AFFIDAVIT OF NEIL J. GILLESPIE
STATE OF FLORIDA

)
) SS.:
COUNTY OF MARION )

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon oath
deposes upon personal knowledge and states:
I.

I am over the age of eighteen and competent to testify as to the facts and matters

set forth herein.

2.

On December 24, 2014 I sent by email a letter to Gregory C. Harrell, General

Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller. A composite
of my letter to Mr. Harrell, email, and email receipt are attached to this Affidavit. My letter to
Mr. Harrell states in relevant part,
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 plaintiffs 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 plaintitrs
characterization of the case, as the Clerk has no say in that.
Mr. Harrell, under Rule 1.100(c)(2) "...all proceedings in the action shall be abated until a
properly executed cover sheet is completed and filed...". This is the Clerk's duty, see

APPENDIX B

AFFIDAVIT OF NEIL J. GILLESPIE

Letter to Mr. Harrell, re Civil Cover Sheet (Fonn 1.997)

Page 2

Rule 1.1 OO(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 see
Currently the civil cover sheet (form 1.997) is not "properly executed" as completed and
filed. The Clerk has a ministerial duty under Rule 1.1 OO(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 1.1 OO(c)(2)?
3.

Mr. Harrell responded by email Tuesday, December 30, 2014 at 12:43 PM, see attached.
Mr. Gillespie
The Clerk's Office is of the belief that it has fulfilled its ministerial duties with
regard to the civil cover sheet in Case No. 13-CA-115 and, in any event, does not
intend to take any further action with regard to it. The phrase "properly executed"
does not mean that the Clerk is required or authorized to evaluate the correctness
of which type of matter the plaintiff filer has selected for the case. The phrase
simply pertains to whether the form has been filled out and signed by the
filer. Sincerely, Greg Harrell

FURTHER AFFIANT SAYETH NOT.

at?

The foregoing instrument was acknowledged before me, this

oft-.. day of April, 2016,
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 contents are
truthful to the best of his knowledge, information and belief.
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VIA Email gharrell@marioncountyclerk.org

Gregory C. Harrell
General Counsel to David R. Ellspermann
Marion County Clerk of Court & Comptroller
Ocala, Florida 34475

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
Ocala, Florida 34481

Email: neilgillespie@mfi.net
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

Page 1 of 1

Neil Gillespie
From:
To:

Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Lee Bentley" <Lee.Bentley@usdoj.gov>; "DOJ ADA" <ADA.complaint@usdoj.gov>; "Ramon A.
Abadin" <ramon.abadin@sedgwicklaw.com>; "Adria E Quintela" <aquintel@flabar.org>; "Gregory
William Coleman" <gcoleman@bclclaw.com>; "John F Harkness" <jharkness@flabar.org>; "John
Thomas Berry" <jberry@flabar.org>; "Paul F Hill" <phill@flabar.org>; "David Ellspermann"
<Ellspermann@marioncountyclerk.org>; "Grace Ann Fagan" <gfagan@circuit5.org>; "Greg Harrell"
<GHarrell@marioncountyclerk.org>; "Hon. Don F Briggs" <dbriggs@circuit5.org>; "Hon. Hale R
Stancil" <hstancil@circuit5.org>; "Tameka Gordon, ADA Coordinator" <tgordon@circuit5.org>;
"Patricia Ann Toro Savitz" <psavitz@flabar.org>; "Frank Harlan Killgore Jr."
<FHKILLGORE@KPSOS.COM>; "Barry Rodney Davidson" <bdavidson@hunton.com>; "Jon
Marshall Oden" <joden@balljanik.com>; "Robert J. Stovash" <rstovash@sctlaw.com>; "Neil Gillespie"
<neilgillespie@mfi.net>
Wednesday, December 24, 2014 8:11 AM
Greg Harrell civil cover sheet (form 1.997) Rule 1.100(c)(2).pdf
Mr. Harrell, when can I expect the Clerk to fulfill its ministerial duties under Rule 1.100(c)(2)?

4/29/2016

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, December 24, 2014 8:12 AM
ATT00015.txt
Read: Mr. Harrell, when can I expect the Clerk to fulfill its ministerial duties under Rule 1.100(c)(2)?

This is a receipt for the mail you sent to

"Lee Bentley" <Lee.Bentley@usdoj.gov>; "DOJ ADA" <ADA.complaint@usdoj.gov>; "Ramon A.
Abadin" <ramon.abadin@sedgwicklaw.com>; "Adria E Quintela" <aquintel@flabar.org>; "Gregory
William Coleman" <gcoleman@bclclaw.com>; "John F Harkness" <jharkness@flabar.org>; "John
Thomas Berry" <jberry@flabar.org>; "Paul F Hill" <phill@flabar.org>; "David Ellspermann"
<Ellspermann@marioncountyclerk.org>; "Grace Ann Fagan" <gfagan@circuit5.org>; "Greg Harrell"
<GHarrell@marioncountyclerk.org>; "Hon. Don F Briggs" <dbriggs@circuit5.org>; "Hon. Hale R
Stancil" <hstancil@circuit5.org>; "Tameka Gordon, ADA Coordinator" <tgordon@circuit5.org>;
"Patricia Ann Toro Savitz" <psavitz@flabar.org>; "Frank Harlan Killgore Jr."
<FHKILLGORE@KPSOS.COM>; "Barry Rodney Davidson" <bdavidson@hunton.com>; "Jon
Marshall Oden" <joden@balljanik.com>; "Robert J. Stovash" <rstovash@sctlaw.com>; "Neil Gillespie"
<neilgillespie@mfi.net> at 12/24/2014 7:11 AM
This receipt verifies that the message has been displayed on the recipient's computer at 12/24/2014 7:12
AM

4/29/2016

Page 1 of 1

Neil Gillespie
From:
"Greg Harrell" <GHarrell@marioncountyclerk.org>
To:
"Neil Gillespie" <neilgillespie@mfi.net>
Sent:
Tuesday, December 30, 2014 12:43 PM
Subject: Re: Mr. Harrell, when can I expect the Clerk to fulfill its ministerial duties under Rule 1.100(c)(2)?
Mr. Gillespie:
The Clerk's Office is of the belief that it has fulfilled its ministerial duties with regard to the civil cover sheet in Case No.
13-CA-115 and, in any event, does not intend to take any further action with regard to it. The phrase "properly
executed" does not mean that the Clerk is required or authorized to evaluate the correctness of which type of matter the
plaintiff filer has selected for the case. The phrase simply pertains to whether the form has been filled out and signed by the
filer.
Sincerely,
Greg Harrell
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
>>> "Neil Gillespie" <neilgillespie@mfi.net> 12/24/2014 7:11 AM >>>

4/29/2016