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Neil J. Gillespie 8092 SW 115th Loop Ocala, FL 34481 RE: Gillespie v. Reverse Mortgage Solutions, Inc. (USA11 No. 13-11585) Dear Mr. Gillespie: The above-entitled petition for writ of certiorari was postmarked October 23, 2013 and received October 25, 2013. The papers are returned for the following reason(s): Page 34 is missing from the petition for writ of certiorari. Please correct and resubnlit as soon as possible. Unless the petition is submitted to this Office in corrected form within 60 days of the date of this letter, the petition will not be filed. Rule 14.5. A copy of the corrected petition must be served on opposing counsel. When making the required corrections to a petition, no change to the substance of the petition may be made.
Clayton R. Higgins, Jr. (202) 479-3019
Sincerely, Scott S. Harris, Clerk
Corrected Petition No. 13-7280 submitted November 5, 2013 with page 34, and served as shown on the attached Rule 29 Proof of Service Unlicensed Practice of Law (UPL) in the state of Florida UPL is a 3d felony subject to 5-yrs in prison (§454.23), defined by Florida Bar Rule 10-2.1(a): (a) Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice of law, as prohibited by statute, court rule, and case law of the state of Florida. Mr. Rodems’ UPL complaint against me appears in this petition at Appendix L and alleges: Neil J. Gillespie is not a lawyer. He has...represented a Trust in state and federal court litigation, and as a “personal representative” of the “Estate of Penelope Gillespie”... I am not a lawyer. I appear pro se because I am indigent and financially unable to obtain counsel. I deny Mr. Rodems’ allegation that I “represented a Trust in state and federal court litigation, and as a “personal representative” of the “Estate of Penelope Gillespie”...” I represent only my personal interest for myself, and my personal interest as co-trustee, as permitted by law: First Amendment right to petition the Governmental for a redress of grievances . 28 U.S.C. § 1654 - Appearance personally or by counsel. Fed.R.Civ.Pro. 17 capacity (a) real interest (1) own name (E) trustee of express trust Fla Const, Art I, Sec 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 Statutes, § 454.18, “any person, whether an attorney or not . . . may conduct his or her own cause in any court of this state.” • Fla. Prob. Rule 5.030(a) Exception, see Lituchy v. Estate of Lituchy. I appear for my own interest in the Estate. No one was appointed “personal representative” of the Estate by Court Order. The last will and testament of my Mother names Mark Gillespie “personal representative” and me as substitute “personal representative”. • Mark Gillespie, et al, represented in foreclosure by Tiffany Caparas Esq., Kaufman, Englett and Lynd, PLLC; Notice of Consent to Judgment filed in 42-2013CA-000115 because they have no interest in the property. I only represent my interest in the trust. • Pro se litigants are held to a less stringent standard, see Tannenbaum v. United States. • The Courts failed to make a counsel appoint for me on basis of mental, physical and speech disability. I plan to make a new motion for counsel appointment ASAP. • Order of Judge Cook attached to Rodems’ UPL complaint is a sham. see U.S. v Terry • The ICCPR provides me additional rights to represent my own interest in a fair court. • I was a client of FLSMF and got legal advice on the foreclosure, no advice of UPL. CLSMF UPL by Mr. Rodems: Represented the state of Florida in 5:10-cv-503, June 21, 2011, prohibited: Only the Attorney General of Florida may represent the State of Florida in a federal court action, Fla. Const. Art IV § 4, F.S. § 16.01, State ex rel. Shevin v. Weinstein. Mr. Castagliuolo, misprision of felony 18 U.S.C. § 4, June 21, 2011 failed to report Rodems UPL. UPL by Mr. Rodems: Gillespie v. Barker, Rodems & Cook, 05-CA-7205 (and 20 related cases), prohibited by Fla. Bar Rules 4-1.7, 4-1.9, 4-1.10, and McPartland v. ISI Inv. Services, Inc. UPL by paralegal Yolanda I. Martinez, McCalla Raymer, Rule 10-2.1(a), Ethics Opinion 70-62, “activity which requires the attorney's personal judgment and participation”; Florida Court, see emails Aug-07-2013 Gillespie-Martinez (Sep. Vol. App No. 2); District Court, see Rule 11 sanction motion (Doc. 15); Rule 55 motion for default judgment, (Doc. 16); Rule 72/Rule 60(b)(3) Verified Objection to Magistrate Order (Doc. 17); Affidavit 28 U.S.C. § 144 (Doc. 22) 34 • • • •
No: _______________________ IN THE SUPREME COURT OF THE UNITED STATES ____________________ NEIL J. GILLESPIE - PETITIONER VS. REVERSE MORTGAGE SOLUTIONS, INC., ET AL - RESPONDENTS ________________________ PROOF OF SERVICE I, Neil J Gillespie, do swear or declare that on this date, November 5, 2013, as required by Supreme Court Rule 29 I have served the enclosed CORRECTED PETITION FOR A 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 delivery to a third-party commercial carrier for delivery within 3 calendar days. As to the Solicitor General of the United States only, I also served a Rule 39 motion for leave to proceed in forma pauperis, and Separate Volume Appendices provided in PDF on CD due to indigence & disability. All other parties have the Rule 39 IFP and CD-ROM. Note to Rule 29.3: “Ordinarily, service on a party must be by a manner at least as expeditious as the manner used to file the document with the Court”. All service was made by United Parcel Service (UPS). When sent within Florida, UPS delivers all shipments the next day regardless of the type of service requested, other than shipments sent on Friday. Any UPS shipment shown on this Proof of Service can be tracked by anyone using the UPS tracking numbers shown. The names and addresses of those served are as follows: 1. President Jimmy Carter The Carter Center One Copenhill 453 Freedom Parkway Atlanta, GA 30307 VIA U.P.S. No. 1Z64589FP292667067 Request for Observer, Denied, see enclosed correspondence. Only the enclosed letters were served today.
United States of America, Secretary of Housing and Urban Development (HUD) Solicitor General of the United States Department of Justice, Room 5614 Party: Defendant HUD 950 Pennsylvania Ave., N. W. Constitutional Challenge Washington, DC 20530-0001 (see below) Telephone: VIA U.P.S. No. 1Z64589FNW90449483
Rule 29 Proof of Service, corrected petition for writ of certiorari, in forma pauperis, U.S. Supreme Court, November 5, 2013, Neil J. Gillespie v. Reverse Mortgage Solutions, Inc. et al. Constitutional Challenge 28 U.S.C. §2403(a) (not certified) 12 U.S.C. § 1715z–20 - Insurance of home equity conversion mortgages for elderly homeowners 3. Colleen Murphy Davis, Assistant United States Attorney, Party: Defendant HUD U.S. Attorney's Office, Middle District of Florida 400 North Tampa Street, Suite 3200 Tampa, FL 33602 Telephone: 813-274-6000 Email: USAFLM.State.Foreclosures@usdoj.gov (also served by email, Rule 29.3) VIA U.P.S. No. 1Z64589FP193126294 Gabriela Knaul, Special Rapporteur on the Independence of Judges and Lawyers Office of the United Nations High Commissioner for Human Rights United Nations Office at Geneva 8-14 Avenue de la Paix Urgent Appeal: Protection from Political 1211 Geneva 10 Switzerland Persecution; Request for Observer Fax: +41 22 917 9006 Email: SRindependenceJL@ohchr.org (Also served by email, Rule 29.3) VIA U.P.S. No. 1Z64589F0493961507 Shuaib Chalklen, Special Rapporteur on Disability United Nations Enable Secretariat for the Convention on the Rights of Persons with Disabilities @ Department of Economic and Social Affairs United Nations, S-2906 New York, NY 10017 Urgent Appeal: Protection from Political United States of America Persecution; Request for Observer Fax: +1-917-367-5102 Email: email@example.com (Also served by email, Rule 29.3) VIA U.P.S. No. 1Z64589FNW94331119 Reverse Mortgage Solutions, Inc. (RMS) Plaintiff RMS Danielle N. Parsons, Esq., McCalla Raymer, LLC For Plaintiff RMS 225 E. Robinson St. Suite 660 Orlando, FL 32801 Telephone: 407-674-1850 Email: firstname.lastname@example.org (Also served by email, Rule 29.3) Email for service of court documents: MRService@mccallaraymer.com VIA U.P.S. No. 1Z64589FP191251125 Attorney General Pamela Jo Bondi Office of Attorney General State of Florida The Capitol PL-01 Tallahassee, FL 32399-1050 Telephone: 850-414-3300 For the state of Florida Constitutional Challenge (see below)
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Rule 29 Proof of Service, corrected petition for writ of certiorari, in forma pauperis, U.S. Supreme Court, November 5, 2013, Neil J. Gillespie v. Reverse Mortgage Solutions, Inc. et al. Email: email@example.com (Also served by email, Rule 29.3) VIA U.P.S. No. 1Z64589FP191977539 Constitutional Challenge, 28 U.S.C. §2403(b) may apply (not certified) Fla. Stat., sec. 454.021 Attorneys; admission to practice law; Supreme Court to govern and regulate, etc., etc. 8. John F. Harkness, Executive Director Cross-party for UPL The Florida Bar Florida Bar Investigation No. 20133090(5) 651 East Jefferson Street of Neil J. Gillespie for the Unlicensed Tallahassee, FL 32399-2300 Practice of Law (UPL) Telephone: (850) 561-5600 Email: firstname.lastname@example.org (Also served by email, Rule 29.3) VIA U.P.S. No. 1Z64589FP192606348 Hon. Ed Carnes, United States Chief Judge U.S. Court of Appeals for the 11th Circuit 56 Forsyth St., N.W. Atlanta, Georgia 30303 Telephone: 404-335-6100 No Email Available VIA U.P.S. No. 1Z64589FNW90673552 U.S. Appellate Court Appeal 13-11585-B
Hon. Wm. Terrell Hodges, United States District Court Judge, Senior Status United States District Court, Middle District of Florida, Ocala Division Golden-Collum Memorial Federal Building & US Courthouse 207 NW Second Street Ocala, Florida 34475-6666 U.S. District Court, removed Telephone: 352-369-4860 February 4, 2013 from Florida Court No Email Available 5:13-cv-00058-WTH-PRL VIA U.P.S. No. 1Z64589FP191755162 Hon. Hale Ralph Stancil Florida Trial Court, removed Florida Circuit Court Judge February 4, 2013 to USDC Marion County Judicial Center 42-2013CA-000115 110 N.W. 1st Avenue Ocala, FL 34475 Telephone: 352-401-6763 Fax: 352-401-7819 Email: email@example.com (Also served by email, Rule 29.3) VIA U.P.S. No. 1Z64589FP190067176
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Rule 29 Proof of Service, corrected petition for writ of certiorari, in forma pauperis, V.S. Supreme Court, November 5, 2013, Neil J. Gillespie v. Reverse Mortgage Solutions, Inc. et al. 12. Tiffany Caparas, Esq. For Defendants Mark Gillespie, Kaufman, Englett and Lynd, PLLC Joetta Gillespie, Elizabeth Bidgood 111 N. Magnolia Ave., Suite 1600 Orlando, FL 32801 Notice of Consent to Judgment Telephone: 407-513-1900 filed July 8, 2013 Toll Free: 888-238-2686 42-2013CA-000115 Fax: 407-513-1961 Email: TCaparas@kelattoneys.com (Also served by email, Rule 29.3) Email: KELinbox@kelattomeys.com VIA V.P.S. No. lZ64589FP193065583 Gregory D. Jones, Esq. Florida Bar Lawyer Referral Service 109 Brush Street, Suite 500 referral to Neil J. Gillespie for UPL Tampa, FL 33602 ($25 fee paid; consult not provided) Telephone: 813-229-7007 Email: firstname.lastname@example.org (Also served by email, Rule 29.3) VIA V.P.S. No. lZ64589FP190046395 Craig H Benson, Esq. Neil Gillespie, former client c/o William H. Abbuehl, Executive Director Foreclosure legal advice only Conlffiunity Legal Services of Mid-Fla. (CLSMF) No foreclosure representation 128A Orange Avenue Daytona Beach, Florida 32114-4310 Telephone: 386-255-6573 Fax: 386-257-6824 Email: email@example.com (Also served by email, Rule 29.3) VIA V.P.S. No. lZ64589FP194745604
I declare under penalty of perjury that the foregoing is true and correct. Executed on November 5, 2013.
eil J. 8092 S Ocala, lorida 34481 Telephone: (352) 854-7807 Email: firstname.lastname@example.org. Rule 2.516, Florida Rules Judicial Administration
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No. 13-7280 Title:
Docketed: Lower Ct: Case Nos.: Decision Date: Rehearing Denied:
Neil J. Gillespie, Petitioner v. Reverse Mortgage Solutions, Inc., et al. November 8, 2013 United States Court of Appeals for the Eleventh Circuit (13-11585) June 12, 2013 July 25, 2013
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ Oct 23 2013 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2013)
~~Name~~~~~~~~~~~~~~~~~~~~~ Attorneys for Petitioner: Neil J. Gillespie
~~~~~~~Address~~~~~~~~~~~~~~~~~~ 8092 SW 115th Loop Ocala, FL 34481 email@example.com
~~Phone~~~ (352) 854-7807
Party name: Neil J. Gillespie
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