SCOTUS Petition No. 17-8689
SCOTUS Petition No. 17-8689
SCOTUS Petition No. 17-8689
Washington, DC 20543-0001
Scott S. Harris
Clerk of the Court
(202) 479-3011
April 30, 2018
No. 17-8689
The petition for a writ of certiorari in the above entitled case was filed on April
13,2018 and placed on the docket April 30,2018 as No. 17-8689.
A form is enclosed for notifying opposing counsel that the case was docketed.
Sincerely,
by ~ \\~
Clayton HiggiQ:'
Case Analyst
Enclosures
Supreme Court of the United States
Neil Gillespie
(Petitioner)
v. No. 17-8689
NOTICE IS HEREBY GIVEN pursuant to Rule 12.3 that a petition for a writ of
certiorari in the above-entitled case was filed in the Supreme Court of the United States
on April 13, 2018, and placed on the docket April 30, 2018. Pursuant to Rule 15.3, the
due date for a brief in opposition is Wednesday, May 30,2018. If the due date is a
Saturday, Sunday, or federal legal holiday, the brief is due on the next day that is not a
Saturday, Sunday or federal legal holiday.
Beginning November 13, 2017, parties represented by counsel must submit filings
through the Supreme Court's electronic filing system. Paper remains the official form of
filing, and electronic filing is in addition to the existing paper submission requirement.
Attorneys must register for the system in advance, and the registration process may take
several days. Further information about the system can be found at
https://www.supremecourt. govlfilingandruleslelectronicfiling.aspx.
Unless the Solicitor General of the United States represents the respondent, a
waiver form is enclosed and should be sent to the Clerk only in the event you do not
intend to file a response to the petition.
Only counsel of record will receive notification of the Court's action in this case.
Counsel of record must be a member of the Bar of this Court.
NOTE: This notice is for notification purposes only, and neither the original nor a copy should be filed in the
Supreme Court.
WAIVER
No. 17-8689
I DO NOT INTEND TO FILE A RESPONSE to the petition for a writ of certiorari unless
one is requested by the Court.
Signature _
Date: _
Address _
Phone _
Cc:
Obtain status of case on the docket. By phone at 202-479-3034 or via the internet at
http://www.supremecourtus.gov. Have the Supreme Court docket number available.
Clerk April 13, 2018
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
Dear Clerk:
Sincerely,
Enclosures
17-8689
No: _______________________
_______________________
IN THE
____________________
vs.
________________________
____________________
by
1. Does the Seventh Amendment to the United States Constitution guarantee the right to a
trial by jury in a state court residential home foreclosure of a federal Home Equity Conversion
Mortgage [12 USC § 1715z–20; 24 CFR Part 206] also called a HECM reverse mortgage?
2. Does a disabled homeowner age 61 have a right to assistance of counsel under the federal
Older Americans Act, 42 U.S. Code Chapter 35 - PROGRAMS FOR OLDER AMERICANS, for
old age, and disability including Post Traumatic Stress Disorder (PTSD), and Traumatic Brain
Injury (TBI)?
3. Can the Civil Rights Division, Voting Section, U.S. Department of Justice ignore the
enclosed Voting Section complaint against Florida’s rigged judicial elections?
4. Can the U.S. Department of Justice deny on May 18, 2017 my FOIA into the mental
health screening imposed by the Florida Supreme Court on bar applicants, because the records
you have requested pertain to an ongoing law enforcement proceeding?
5. Can the U.S. Supreme Court ignore wrongdoing in Petition 12-7747 for a writ of
certiorari as stated in the enclosed letter of Mr. Clayton Higgins on October 19, 2016?
6. Do time limits on civil litigation have any meaning? Pursuant to Fla. R. Jud. Admin.
2.250(a)(1)(B), the time standard for a civil trial case is 18 months from filing to final
disposition. Non-jury cases — 12 months (filing to final disposition)
LIST OF PARTIES
vs.
Other Parties
Fake Parties
• Unknown parties
• 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)
• Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997 (NONE)
TABLE OF CONTENTS
OPINIONS BELOW........................................................................................................ 1
JURISDICTION. ..............................................................................................................
CONCLUSION....................................................................................................................
INDEX TO APPENDICES
Appendix B Florida 5th District Court of Appeals Case No. 5D17-2317, RECEIVED,
7/21/2017, 11:50 AM, Joanne P. Simmons, Fifth District Court of Appeal
Petition for Writ of Prohibition - A Case of Original Jurisdiction
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
Appendix D Third Verified Motion to Disqualify Circuit Judge Ann Melida Craggs
Appendix E Denial of Adult Protective Services for Neil J. Gillespie, vulnerable adult,
age 61, and a person with disabilities, by Robert Anderson, State Director,
Adult Protective Services;
415.1034 Mandatory reporting death of Frank Collelo
Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.
OPINIONS BELOW
The opinion of the highest state court to review the merits appears at Appendix A to the petition
and is unpublished
Appendix 2 Application No. 17A878 for an extension of time within which to file a petition
for a writ of certiorari in the above-entitled case has been presented to Justice
Thomas, who on February 21, 2018, extended the time to and including April 13,
2018.
1
Filing # 64137053 E-Filed 11/14/2017 07:51:13 AM
Petitioner(s) Respondent(s)
A True Copy
Test:
two
Served:
APPENDIX 1
Supreme Court of the United States
Office of the Clerk
Washington, DC 20 43-0001
Scott S. Harris
Clerk of the Court
February 21, 2018 (2°2)"-8°¹¹
Clerk
Supreme Court of Florida
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1927
z co
De r Clerk:
U
The application for an extension of time within which to file a petition
for a writ of certiorari in the above-entitled case has been presented to
Justice Thomas, who on February 21, 2018, extended the time to and
including April 13, 2018.
Sincerely, .
by
Clayton Higgins
Case Analyst
APPENDIX 2
Supreme Court of the United States
Office of the Clérk
Washington, DC 20543-0001
Scott S. Harris
Clerk of the Court
NOTIFICATION LIST (2°2)*-³°¹¹
Clerk
Supreme Court of Florida
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1927
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
DUE PROCESS
WEX article Author: Peter Strauss
Legal Information Institute
“The Constitution states only one command twice. The Fifth Amendment says to the federal
government that no one shall be "deprived of life, liberty or property without due process of
law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due
Process Clause, to describe a legal obligation of all states. These words have as their central
promise an assurance that all levels of American government must operate within the law
("legality") and provide fair procedures.” https://www.law.cornell.edu/wex/due_process
Home Equity Conversion Mortgage [12 USC § 1715z–20; 24 CFR Part 206] also called a
HECM reverse mortgage
Older Americans Act, 42 U.S. Code Chapter 35 - PROGRAMS FOR OLDER AMERICANS
Florida Constitution, Article V, Section 10(b)(1) The election of circuit judges shall be
preserved; Article VI, Section 1. Regulation of elections. All elections by the people shall be by
direct and secret vote
Florida Constitution, Article I, SECTION 9. Due process.—No person shall be deprived of life,
liberty or property without due process of law, or be twice put in jeopardy for the same offense,
or be compelled in any criminal matter to be a witness against oneself.
Florida Constitution, Article I, SECTION 21. Access to courts.—The courts shall be open to
every person for redress of any injury, and justice shall be administered without sale, denial or
delay.
Florida Constitution, Article I, SECTION 22. Trial by jury.—The right of trial by jury shall be
secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than
six, shall be fixed by law.
Pursuant to Fla. R. Jud. Admin. 2.250(a)(1)(B), the time standard for a civil trial case is 18
months from filing to final disposition. Non-jury cases — 12 months (filing to final disposition)
My foreclosure case commenced January 9, 2013. Today is April 13, 2018. The duration is over
5 years. This case has taken over 5 times as long as provided by the rules for a non-jury trial;
Exceeding time limits by many years has major negative health consequences. The same tactic
was used by the court in the Hillsborough case, which began in 2005. That’s 12 years total.
2
STATEMENT OF THE CASE
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 age 62 suffering the infirmaries of aging, henceforth
in the first person, reluctantly appears pro se to save my Florida residential homestead from
Administration (FHA) “reverse” mortgage program administered by the Secretary, United States
Department of Housing and Urban Development (Secretary or HUD) to enable home owners
over 62 years old access the home's equity. 12 U.S.C. § 1715z20 et seq. and 24 C.F.R. Part 206.
This is similar to the petition for writ of prohibition in Florida 5th District Court of Appeals Case
No. 5D17-2317, [USSC No. 17-7054 petition for rehearing distributed for conference of April
13, 2018]. The question for the Court, which petition should be denied as “successive”. I believe
5D17-2317 is the successive petition, because my petition in FSC17-1361 was filed directly in
the Supreme Court of Florida two days before my petition in was filed in Case No. 5D17-2317.
3
My SUPREME COURT OF FLORIDA petition appears at Appendix A, as Filing #
59259445 E-Filed 07/19/2017 08:05:57 PM, and was filed with the cross-outs, just as shown.
The Florida 5th District Court of Appeals Case No. 5D17-2317 appears as Appendix B,
which shows on the side, RECEIVED, 7/21/2017, 11:50 AM, Joanne P. Simmons, Fifth District
Court of Appeal. The numbers across the top, Filing # 54774550 E-Filed 04/07/2017 09:38:57
AM, refer to my wrong filing in the trial court, which failed to forward the misfiled petition as
Clearly Filing # 59259445 E-Filed 07/19/2017 08:05:57 PM was in the Supreme Court of
Florida before it was RECEIVED, 7/21/2017, 11:50 AM, Joanne P. Simmons, Fifth District
Court of Appeal.
The Florida Supreme Court denied me Due Process under the Fourteenth Amendment of
the U.S. Constitution when it designated my FSC Petition as successive, when in fact the
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures....
Wex Due Process Article by Richard Strauss, Legal Information Institute Cornell Law
https://www.law.cornell.edu/wex/due_process
4
On February 12, 2018 I filed in the trial court NOTICE OF CRMINAL COMPLAINT
Pursuant to Title 18 of the United States Code (U.S.C.), including but not limited to 18 U.S.C. §
371, I request you investigate the fraud or impairment of a legitimate government activity, the
FINAL JUDGMENT OF FORECLOSURE, in my residential federal Home Equity Conversion
Mortgage. The case is captioned Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al.
My HECM is a federally insured loan backed by the full faith and credit of the United States
Government. The FINAL JUDGMENT OF FORECLOSURE attempts to defraud the United
States Government, and myself as homeowner, as follows:
1. Omits the fact that 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. Judge Craggs continued the trial without me and ruled for the bank.
5
2. Court records in case no. 2013-CA-000115 show that Judge Craggs continued the
nonjury foreclosure trial without me, and did not enter any of my documents into evidence.
3. Wrongly awarded the Plaintiff Filing Fees of $4,549.60. The actual amount is $1,065.50.
4. Wrongly awarded the Plaintiff’s counsel attorney’s fees of $19,109, which exceeds the
amount in the HUD Mortgagee Letter 2005-30; and exceeds the amount in the judiciary
foreclosure standard of $2,250 found in the HUD Mortgagee Letter 2013-38 by $16,859.
5. Plaintiff’s counsel wrongly filed this case as a commercial foreclosure for the purpose of
judge shopping, to keep off the backlog foreclosure docket presided over by retired judges, and
increase the time to litigate the case from 1 year to 5 years, to collect an additional $16,859.
6. I have not been lawfully served in this lawsuit, as reflected in the record.
The Final Judgment of Foreclosure, (Exhibit A) appears on the Clerk’s docket at DOC-477.
Paragraph 3 states that the Plaintiff is due Filing Fees of $4,549.60.
Principal $123,200.85
Attorney's fees
Finding as to reasonable
hourly rate: $175.00
6
Attorney's Fees Total $19,109.00
TOTAL $148,363.32
Gregory C. Harrell is General Counsel to David R. Ellspermann, Marion County Clerk of Court
& Comptroller. On 8/23/2017 @ 6.02 PM I emailed Mr. Harrell for records of the filing fees:
The Clerk's Office does not possess records supporting the plaintiff's having paid
$4,549.60 worth of filing fees, as referenced in the Final Judgment of Foreclosure in Case
No. 2013.CA.115.
My email chain with Mr. Harrell, as forwarded to the FBI Tampa Division on December 21,
2017 to tampa.division@ic.fbi.gov, appears at Exhibit B.
A certified copy of the Notice of Refund to McCalla Raymer appears as Exhibit C and shows:
7
ORLANDO, FL 32801
Enclosed please find our check made payable to you in the amount of $12.00. Our-
records reflect we received payment of $1,077.50, of which $1,065.50 was applied in the
above-styled case. Therefore, the enclosed check is a refund of the balance.
If you should have any questions, please do not hesitate to contact our office.
A receipt August 28, 2017 for $6.00 for certified public records appears at Exhibit D by the
office of David R. Ellspermann Clerk of the Circuit and County Courts, Marion County Florida.
The Clerk’s receipt appearing at Exhibit D shows the foreclosure case parties:
Fraud upon the court is an egregious offense against the integrity of the judicial system
and is more than a simple assertion of facts in a pleading which might later fail for lack
of proof. Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d 249, 252 (Fla. 1st DCA 2012).
The integrity of the civil litigation process depends on truthful disclosure of facts. A
system that depends on an adversary's ability to uncover falsehoods is doomed to failure,
which is why this kind of conduct must be discouraged in the strongest possible way. . . .
This is an area where the trial court is and should be vested with discretion to fashion the
apt remedy.” Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998).
8
The AFFIDAVIT OF NEIL J. GILLESPIE Re Non-Jury Home Foreclosure Trial July 18, 2017
appears at Exhibit E, and states at paragraph 2:
2. 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.
Attorney Justin R. Infurna, Esq., represents my brother Mark Gillespie in an appeal, see the
pleading at Exhibit G, filed Aug-11-2017 in 13-CA-115, "Defendant Mark Gillespie’s Verified
Motion To Vacate Final Judgment of Foreclosure and Cancel Sep-19-2017 Foreclosure Sale".
A foreclosure sale on my home was canceled by court order September 18, 2017 the Plaintiff’s
motion to cancel for a FEMA Moratorium due to Hurricane Irma, a declared natural disaster.
to inform the record that the case is open, at the highest level, the United States Supreme Court.
Judge Craggs knowingly made a false statement in writing, the Final Judgment of Foreclosure,
with the intent to mislead the Clerk, a public servant, in the performance of his official duties.
9
(1) It is unlawful for a public servant or public contractor, to knowingly and intentionally
obtain a benefit for any person or to cause unlawful harm to another, by:
(a) Falsifying, or causing another person to falsify, any official record or official
document;
Judge Craggs is a public servant, who, by entering the Final Judgment of Foreclosure,
The Plaintiff, REVERSE MORTGAGE SOLUTIONS, INC., and its legal counsel,
including Curtis Alan Wilson, Esq., and McCalla Raymer Leibert Pierce, LLC,
Judge Craggs is a public servant, who, by entering the Final Judgment of Foreclosure,
Judge Craggs falsified the Final Judgment of Foreclosure, an official document in the
foreclosure case that was entered as an official record of Marion County, Florida.
The foregoing is also a violation of Chapter 825, Florida Statutes, ABUSE, NEGLECT,
Appendix D, Third Verified Motion to Disqualify Circuit Judge Ann Melida Craggs, shows
either fake orders, or authorship of order by the Plaintiff’s lawyers McCalla Raymer
Appendix E, Denial of Adult Protective Services for Neil J. Gillespie, vulnerable adult, age 61,
and a person with disabilities, by Robert Anderson, State Director, Adult
Protective Services; 415.1034 Mandatory reporting death of Frank Collelo
The Civil Rights Division, Voting Section, U.S. Department of Justice ignored my
10
On January 25, 2018 I filed my Affidavit in the lower Court showing:
• I was excused from jury duty by the Hon. Anthony Tatti, Circuit Court
Administrative Judge on October 3, 2017 due to disability.
• Instead, Judge Craggs mandated my appearance in court on July 18, 2017, whereupon
I was soon 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.
Judge Craggs continued the trial without me and ruled for the bank.
• On January 8, 2018, Lou Ann Powell, Deputy Director/CFO/COO, The Florida Bar
Foundation, informed me that the remaining Bank of America funds are $15,199,516.
• On January 17, 2018, Ms. Powell provided me a Bank of America grant application,
which I am in the process of studying and determining my options.
DUE PROCESS
Only a Florida licensed attorney in good standing is competent (Rule 4-1.1) or diligent
adequate counsel, a consumer of legal and court services affecting interstate commerce.
Legal protections found under the Constitution and laws of the U.S. and Florida include,
• Due Process Clause; Equal Protection Clause, Fourteenth Amendment, U.S. Constitution.
• Powell v. Alabama, 287 U.S. 45, for “due process in the constitutional sense”
11
• Basic Rights, Article I, Section 2, Florida Constitution
• Fla. Stat. § 29.007 Court-appointed counsel “This section applies in any situation in which
• Chapter 27 Florida Statutes, Part III, Other Court-Appointed Counsel. Civil Regional
• The Americans With Disabilities Act (ADA) and the ADA Amendments Act (ADA 2008)
I am over age 60. The Older Americans Act (OAA) 42 U.S.C. 3001 et seq., as amended,
provides for legal services under Title III B Services or Activities for persons age 60 and over.
In Florida, the OAA is administered under Chapter 430, Florida Statutes, by the
The Department of Elder Affairs was established by Section 20.41, Florida Statutes.
I am not competent, and not diligent, as defined by the Rules Regulating The Florida Bar:
A lawyer shall act with reasonable diligence and promptness in representing a client.
Powell vs. Alabama, civil counsel required for “due process in the constitutional sense”.
MR. JUSTICE SUTHERLAND delivered the opinion of the Court...."If in any case, civil
or criminal, a state or federal court were arbitrarily to refuse to hear a party by counsel,
employed by and appearing for him, it reasonably may not be doubted that such a refusal
would be a denial of a hearing, and, therefore, of due process in the constitutional
sense..."
12
"...The right [p69] to be heard would be, in many cases, of little avail if it did not
comprehend the right to be heard by counsel. Even the intelligent and educated layman
has small and sometimes no skill in the science of law. If charged with crime, he is
incapable, generally, of determining for himself whether the indictment is good or bad.
He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be
put on trial without a proper charge, and convicted upon incompetent evidence, or
evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and
knowledge adequately to prepare his defense, even though he have a perfect one. He
requires the guiding hand of counsel at every step in the proceedings against him.
Without it, though he be not guilty, he faces the danger of conviction because he does not
know how to establish his innocence. If that be true of men of intelligence, how much
more true is it of the ignorant and illiterate, or those of feeble intellect. If in any case,
civil or criminal, a state or federal court were arbitrarily to refuse to hear a party by
counsel, employed by and appearing for him, it reasonably may not be doubted that such
a refusal would be a denial of a hearing, and, therefore, of due process in the
constitutional sense..."
The Supreme Court of Florida has a duty and the authority to administratively provide
civil legal counsel under the Fourteenth Amendment of the U.S. Constitution for Due Process:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures....
Wex Due Process Article by Richard Strauss, Legal Information Institute Cornell Law
https://www.law.cornell.edu/wex/due_process
13
The guaranty of due process of law extends to every type of legal proceeding. Pelle v.
Diners Club, 287 So. 2d 737 (Fla. Dist. Ct. App. 3d Dist. 1974); Tomayko v. Thomas,
143 So. 2d 227 (Fla. Dist. Ct. App. 3d Dist. 1962). Whenever life, liberty, or property
rights are involved in any official action, the organic requirements of due process of law
must be afforded, whether such action is the exercise of the powers of government by
governmental departments, State ex rel. Barancik v. Gates, 134 So. 2d 497 (Fla. 1961);
Williams v. Kelly, 133 Fla. 244, 182 So. 881 (1938) or a duly authorized administrative
or ministerial function or duty. State ex rel. Barancik v. Gates. The constitutional
guaranty of due process of law applies not only to court and administrative procedures,
but also to legislative acts. Williams v. U.S., 179 F.2d 644 (5th Cir. 1950), cert. granted,
340 U.S. 849, 71 S. Ct. 77, 95 L. Ed. 622 (1950) and judgment aff'd, 341 U.S. 70, 71 S.
Ct. 581, 95 L. Ed. 758 (1951) (implied overruling on other grounds recognized by, U.S.
v. McDermott, 918 F.2d 319 (2d Cir. 1990)) and (overruling on other grounds recognized
by, Brzonkala v. Virginia Polytechnic Institute and State University, 169 F.3d 820, 136
Ed. Law Rep. 15 (4th Cir. 1999)).
Due process encompasses both substantive and procedural due process. McKinney v.
Pate, 20 F.3d 1550 (11th Cir. 1994); M.W. v. Davis, 756 So. 2d 90, 25 Fla. L. Weekly
S334 (Fla. 2000); State v. O.C., 748 So. 2d 945, 24 Fla. L. Weekly S425 (Fla. 1999).
Constitutional due process is required for Access to Courts, Article I, Section 21, Florida
SECTION 21. Access to courts.—The courts shall be open to every person for redress of
any injury, and justice shall be administered without sale, denial or delay.
SECTION 2. Basic rights.—All natural persons, female and male alike, are equal before
the law and have inalienable rights, among which are the right to enjoy and defend life
and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and
protect property; except that the ownership, inheritance, disposition and possession of
real property by aliens ineligible for citizenship may be regulated or prohibited by law.
No person shall be deprived of any right because of race, religion, national origin, or
physical disability.
Whether counsel is retained or appointed, the defendant has a right to counsel without a conflict
of interest *. If an actual conflict of interest is present, and that conflict results in any adverse
effect on the representation, the result is automatic reversal.[17] The general rule is that conflicts
14
can be knowingly and intelligently waived,[18] but some conflicts are unwaivable. [19] *Wheat
[17] Burger v. Kemp, 483 U.S. 776 (1987); Cuyler v. Sullivan, 446 U.S. 335 (1980);
Holloway v. Arkansas, 435 U.S. 475 (1978).
[18] See United States v. Curcio, 680 F.2d 881 (2d Cir. 1982).
[19] See, e.g., United States v. Schwarz, 283 F.3d 76 (2d Cir. 2002); United States v.
Fulton, 5 F.3d 605 (2d Cir. 1993).
Americans Act, 42 U.S. Code Chapter 35 - PROGRAMS FOR OLDER AMERICANS, for old
age, and disability including Post Traumatic Stress Disorder (PTSD), and Traumatic Brain Injury
(TBI)
15
REASONS FOR GRANTING THE PETITION
The maxim that a "man's house is his castle" is one of the oldest and most deeply rooted
levels of society down to the "poorest man" living "in his cottage." The maxim also forms part of
the fabric of the Fourth Amendment to the Constitution, which protects people, their homes, and
*Citation: Sir Edward Coke, Third Institute of the Laws of England 162 (1644). The
complete quotation is: “For a man’s house is his castle, et domus sua cuique tutissimum
refugium.” The Latin means: “and his home his safest refuge.” See Semayne’s Case
(1603) 77 Eng. Rep. 194 (K.B.) (“[T]he house of every one is to him as his castle and
fortress, as well for his defence against injury and violence, as for his repose.”), quoted in
Wilson v. Layne, 526 U.S. 603, 609–10 (1999); Weeks v. United States, 232 U.S. 383,
390 (1914) (“[E]very man’s house is his castle.” (quoting Judge Thomas McIntyre
Cooley, A Treatise on the Constitutional Limitations Which Rest upon the Legislative
Power of the States of the American Union 299 (1868))); William Blackstone, 3
Commentaries 288 (1768) (“[E]very man’s house is looked upon by the law to be his
castle...”); William Blackstone, 4 Commentaries 223 (1765–1769) (“[T]he law of
England has so particular and tender a regard to the immunity of a man’s house, that it
stiles it his castle, and will never suffer it to be violated with impunity...”); Miller v.
United States, 357 U.S. 301, 307 (1958) (quoting William Pitt’s 1763 speech in
Parliament: “The poorest man may in his cottage bid deªance to all the forces of the
crown. It may be frail; its roof may shake; the wind may blow through it; the storm may
enter; the rain may enter; but the king of England may not enter—all his force dares not
cross the threshold of the ruined tenement!”).
11
CONCLUSION
Respectfully submitted,
IN THE
vs.
PROOF OF SERVICE
I, Neil J. Gillespie, do swear or declare that on this date, April 13, 2018, as required by
Supreme Court Rule 29 I have served the enclosed MOTION FOR LEAVE TO PROCEED IN
FORMA PAUPERIS and PETITION FOR WRIT OF CERTIORARI on each party to the above
proceeding or that party's counsel, and on every other person required to be served, by
depositing an envelope containing the above documents in the United States mail properly
addressed to each of them and with first-class postage prepaid, or by delivery to a third-party
commercial carrier for delivery within 3 calendar days.
Represented by: Curtis Alan Wilson, Esq., Florida Bar No. 77669
Orlando, FL 32801
Phone: 407-674-1850
Fax: 321-248-0420
Email: MRService@mrpllc.conl
Email: MRService@mccalla.com
I declare under penalty of perjury that the foregoing is true and correct.
IN THE
VS.
The petitioner asks leave to file the attached petition for a writ of certiorari
without prepayment of costs and to proceed in forma pa~/;peris.
D Petitioner has not previously been granted leave to proceed i?t ~forma
pauperis in any other court.
1. For both you and your spouse estimate the average amount of money 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, that is, amounts before any deductions for taxes or otherwise.
Employer
f~t'enp{'?~
d,' ILl 1" I,· ¥
Address
NIIJ
Empint
Dates of Gross monthly pay
$ /Jill
~
~~
$
JI~/A
r..-r, $
3. List your spouse's employment history for the past two years, most recent employer first.
(Gross monthly pay is before taxes or other deductions.)
D Other assets
Description tv--I)JV-e----------------------
Value tt(A
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
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7. State the persons who rely on you or your spouse for support. For minor children, list initials
instead of names (e.g. "J.S." instead of "John Smith").
Name Relationship Age
t</~"c.- ~/1f
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1V#6I"l- NjA
8. Estimate the average monthly expenses bf you and your family. Show separately the amounts
paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or
annually to show the monthly rate.
~e~/~tuJ
Utilities (electricity, heating fuel,
Food $ 71S $
AJ#
Clothing $ J7 $ NIA
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Homeowner's or renter's $ 78 $ ,
/VIA
Life $ & $ t4iI
Health $)1<f!/,Utke $ ;4A
Motor Vehicle $ ~, $ N/A
I
Other: AJ/A $ ~ $
tv/4
Taxes (not deducted from wages or included in mortgage payments)
Installment payments
11. Have you paid-or will you be paying-anyone other than an attorney (such as a paralegal or
a typist) any money for services in connection with this case, including the completion of this
form?
DYes ~o
If yes, how much? _ _&..-~--+~_'Il---:...- _
12. Provide any other information that will help explain ,vhy you cannot pay the costs of this case.
Petitioner Neil J. Gillespie has previously been granted leave to proceed in forma pauperis in the
following courts: (as of Apr-13-2018)
4. No. 12-7747, Docketed: December 14, 2012 (Linked with 12A215) (+ rehearing)
Neil J. Gillespie, Petitioner v. Thirteenth Judicial Circuit of Florida, et al.
Question #9. Do you expect any major changes to your monthly income or expenses or in your
assets or liabilities during the next 12 months? If yes, describe on an attached sheet.
Yes, I expect to loose my home in wrongful foreclosure, unable to pay HECM Reverse Mortgage
Payoff (Federal Home Equity Conversion Mortgage); unable to pay corruptly calculated fees to
Oak Run Associates, LTD (ORAL). Monthly ORAL “Services Fee” = $252.49 + $10.70 “Road /
Drainage Assessment” = $263.19 total / month.
On February 18, 2018, I replaced my 1990 Dodge Grand Caravan with a 2013 Dodge Grand
Caravan due to mechanical breakdown and broken air conditioning in the 1990. The 2013 Dodge
has 84,000 miles and is financed with the 1990 as trade-in and $500 cash down payment.
On April 4, 2018 I paid $101.50 to The Florida Bar for public records.
On April 4, 2018 I paid $27.23 to the Florida Attorney General for public records.
On April 5, 2018 I paid $88.94 to the Florida Attorney General for public records.
On April 10, 2018 I received a one-time $300 bonus for switching to Chase Bank.
On February 28, 2018, M. Shane Johnson, P.E., of Proclaim Engineering, issued a Notice of
Imminent Danger letter on my property to the Marion County Building Safety Division, and
Security First Insurance Company, relative to my homeowners insurance claim. Security First
denied the claim under the policy on March 23, 2018 for workmanship, materials etc. of the
builder, DECCA, Development and Construction Corporation of America. On April 11, 2018,
the Florida Department of Financial Services suggested I make a claim against the builder’s
insurance policy. DECCA and the Oak Run Homeowners Association, Inc. (ORHA) are
defendants in the HECM foreclosure.
My parents constructed this home in 1993-1994 in Oak Run, a 55+ community. During the
development of Oak Run, DECCA and company officials Kulbir Ghumman and Herbert von
Kluge pled guilty and were convicted of federal crimes for knowingly hunting protected red-
cockaded woodpeckers on the property. See United States v. DECCA/Ghumman, Kulbir, et al.
case 87-00013, U.S. District Court, Middle District Florida. Given Oak Run’s past, I am
concerned whether my home was constructed according to code.
NOTE: Regarding debt to Oak Run Associates, Ltd., I filed Defendant Gillespie’s Notice of
Contest of Lien, Filing # 34278459 E-Filed 11/10/2015 12:51:49 PM, but the Court has not heard
the motion that argues, inter alia, unlawful post-judgment interest was charged before
adjudication. Since then I learned Oak Run Associates, LTD, a Florida limited partnership, may
not have authority to transact business, affecting 3,400 properties in Oak Run, a 55+ community.
I believe this explains, inter alia, attorney betrayal, see Defendants’ Notice of Client Betrayal by
Robert Stermer, Esq., Filing # 59068976 E-Filed 07/17/2017 07:49:44 AM.
264 Terranova Boulevard
Winter Haven, Florida 33884
800.309.2755 (phone)
www.proclaimengineering.com
Certificate of Authorization No.: 30662
At the request of Security First Insurance Company, an inspection was completed at the Gillespie
residence, located at 8092 SW 115th Loop in Ocala, Marion County, Florida. The purpose of our
inspection was to determine the origin and cause of reported damage to an exterior column at the
residence.
The Gillespie residence is the left unit of a one-story duplex, located at 8092 SW 115th Loop in
Ocala, Marion County, Florida. The main structure is generally constructed with concrete
masonry unit (CMU) walls covered with painted stucco, presumed wood roof trusses and a
shallow foundation system with a concrete slab-on-grade. An attached partially covered porch
and garage are located at the front left and front right of the residence, respectively. The floor of
the residence is higher than the street elevation and surface drainage to the front street and
surrounding properties provides the primary drainage for the property. For the purposes of this
report, as a reference, the front of the main residence faces primarily to the south.
During inspection of the exterior column, located at the northwest area of the partially covered
porch, we observed hairline to approximate 20.0 mm wide cracks in the upper area of the column,
near the column-to-beam interface. Although previous repairs in the form of sealants were
observed at the cracks, the damage has apparently worsened over time, including stucco spalling
along the cracks, horizontal offsets along the cracks, visible daylight along the cracks and an
exposed and corroded area of the column-to-beam connection. Additionally, using a 4-foot
bubble level, we determined that the vertical load-carrying column was not plumb.
Page 1 of 2
Notice of Imminent Danger February 28, 2018
8092 SW 115th Loop, Ocala, Florida 34481 PROCLAIM File: 18049
Section 202 of the Florida Building Code 5th Edition (2014), Existing Building defines "dangerous"
as: "Any building, structure or portion thereof that meets any of the conditions described below
shall be deemed dangerous: 1. The building or structure has collapsed, partially collapsed, has
moved off its foundation or lacks the necessary support of the ground. 2. There exists a significant
risk of collapse, detachment or dislodgment of any portion, member, appurtenance or
ornamentation of the building or structure under service loads."
Inspection revealed that the cracks to the load-carrying exterior column was so severe that the
roof framing members no longer provide adequate load-transfer to the column and foundation for
the intended roof service load. Thus, the severity of the cracks to the load-carrying column of the
structure meets the definition of dangerous, per Section 202 of the Florida Building Code 5th
Edition (2014), Existing Building. It is recommended that the column areas that have structural
related damage be repaired or replaced as needed and that the column be re-leveled to current
Florida Building Code (FBC) requirements; the work must be performed under the supervision of
a professional structural engineer and contractor licensed in the State of Florida.
This correspondence fulfills my obligations under Florida Statutes 471.033(1)(g) and Florida
Administrative Code 61G15-19.001(4) and 61G15-19.001(6)(I).
By copy of this letter, we are notifying our client, Security First Insurance Company and the
property owner of the observed conditions.
Sincerely,
Page 2 of 2