Documente Academic
Documente Profesional
Documente Cultură
vs.
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
Defendants.
________________________________________/
DEFENDANTS MOTION TO STRIKE PLAINTIFFS CASE MANAGEMENT STATEMENT
Rule 1.140(f), Florida Rules of Civil Procedure
Defendant Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part III) of
the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 (Terminated
Trust), an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and
court services affecting interstate commerce, a consumer of personal, family and household
goods and services, consumer transactions in interstate commerce, a person with disabilities, a
vulnerable adult, reluctantly appears pro se, henceforth in the first person, and files
DEFENDANTS MOTION TO STRIKE PLAINTIFFS CASE MANAGEMENT
STATEMENT, pursuant to Rule 1.140(f), Florida Rules of Civil Procedure, and states:
1.
The Plaintiff, by and through counsel Curtis Allen Wilson, FL Bar ID 77669, McCalla
Ryamer LLC, n/k/a/ McCalla Raymer Pierce, LLC, filed a defective Case Management
Statement Filing # 46551093 E-Filed on 09-16-2016 at 01.25.49 PM, attached as Exhibit 1.
2.
The first sentence of the Plaintiffs defective Case Management Statement begins with
Penelope M. Gillespie died on September 16, 2009. Therefore Ms. Gillespie could not
have executed and delivered a promissory note to the payee thereon on June 5, 2016.
4.
The rest of the Plaintiffs defective Case Management Statement is also wrong, see
On September 20, 2016 The Florida Bar opened an Unlicensed Practice of Law
Investigation (UPL) of Stephen Michael Allgood, UPL File No. 20171020(17C). Mr. Allgood
is not a member of The Florida Bar, and not licensed to practice law in Florida, but nonetheless
is the Director of the Florida Foreclosure Group since 2013 for McCalla Raymer Pierce, LLC.
6.
To practice law in Florida, a person must be a member of The Florida Bar in good
standing. Mr. Allgood is not a member of The Florida Bar, and he is not licensed to practice law
in Florida. Mr. Allgoods unlicensed practice of law is prohibited as the Director of the Florida
Foreclosure Group since 2013 for McCalla Raymer Pierce, LLC, and supervision of Curtis Allen
Wilson, FL Bar ID 77669, (Rule 4-5.1 Responsibilities of Partners, Managers, and Supervisory
Lawyers), a lawyer who represents the Plaintiff Reverse Mortgage Solutions, Inc. in this case.
7.
Pursuant to Rule 1.140(f), Florida Rules of Civil Procedure, a party may move to strike
redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.
8.
Because Penelope M. Gillespie died on September 16, 2009, Ms. Gillespie could not
have executed and delivered a promissory note to the payee thereon on June 5, 2016 as
claimed, the Plaintiffs Case Management Statement is immaterial, impertinent and
scandalous. As a result, the Plaintiffs Case Management Statement must be stricken in
accordance with Rule 1.140(f), Florida Rules of Civil Procedure.
WHEREFORE, the Defendants respectfully requests that this Court enter an order
striking the Plaintiffs Case Management Statement, and providing any such other relief that
this Court deems just and proper.
RESPECTFULLY SUBMITTED October 5, 2016.
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
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION
1111111111111111111111111111111111111111
)
) SS.:
)
AFFIDAVIT
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
sworn deposed upon oath as follows:
I.
My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
oeZ=::)..
..
"
My Florida residential homestead property is the sole asset of the Trust, property address
~:.
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
7013-007-00 I, legal description:
Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.
4.
Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred
the remaining trust property to the beneficiary, myself, on January 14, 2015.
5.
Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby
terminate the Trust as provided by Fla. Stat. 736.0414, and Article V, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
transferring the property to the beneficiary without going through probate.
6.
Pursuant to Fla. Stat. 736.0414 Modification or tenn ination of uneconomic trust. (1)
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property
Book6161/Page1844
CFN#2015009748
co
Page 1 of 2
having a total value less than $50,000 may terminate the trust if the trustee concludes that the
value of the trust. property is insufficient to justify the cost of administration.
FURTHER AFFIANT SA YETH NOT,
The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL
(SEAL)
Angelica Cruz
NOTAR
My Commission EE067986
Expires 02127/2015
UBLIC
~(?JI(s2.
Lr0L
Print Na of Notary PublIc
Book6161/Page1845
CFN#2015009748
Page 2 of 2