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Filing # 36416149 E-Filed 01/11/2016 05:11:25 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.,


Plaintiff,
vs.

CASE NO.: 2013-CA-000115


42-2013-CA-000115-AXXX-XX
Residential HECM Foreclosure Case
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.
Defendants.
________________________________________/
NOTICE OF FILING BY DEFENDANT NEIL J. GILLESPIE
Re: Verification of the Illinois Marriage Record of Elizabeth Bauerle, n.k.a. Elizabeth Bidgood,
and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle
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 NOTICE regarding
verification of the Illinois marriage record of Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, and
Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle, and states,
1.

On January 8, 2016 I filed 4 responses to the Plaintiffs Notice of Action to Foreclose:


A.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SETTLORS
BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997.
B.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SETTLORS
BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, 8092 SW 115TH LOOP, OCALA, FL 34481.

NOTICE OF FILING BY DEFENDANT NEIL J. GILLESPIE


Re: Verification of the Illinois Marriage Record of Elizabeth Bauerle, n.k.a.
Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle

January 11, 2016

C.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SPOUSE OF
ELIZABETH BAUERLE
D.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SPOUSE OF
ELIZABETH BAUERLE, 6356 SW 106th Place, Ocala, Florida, 34476.
2.

My responses the Plaintiffs Notice of Action to Foreclose were Motions to Dismiss, and

based on my Affidavits of January 8, 2016:


Affidavit of Neil J. Gillespie, IN RE: Unknown Spouse of Elizabeth Bauerle (n.k.a.
Elizabeth Bidgood) is now known as Scott Bidgood or Scott Allen Bidgood
Affidavit of Neil J. Gillespie, IN RE: UNKNOWN SETTLORS BENEFICIARIES
OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED
FEBRUARY 10, 1997
3.

At the time my Affidavits were notarized January 8, 2016, and my responses filed with this

Court, the Kane County Illinois Clerk had not provided a response to my FOIA made December
23, 2015 under the Illinois Freedom of Information Act (FOIA) law, 5 ILCS 140/1 et seq.
4.

An appendix of responses by Kane County IL government (52 pages) appears at Exhibit 1.


Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAO
To requests by Neil J. Gillespie made under Illinois state law, the
Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., and the
Illinois law for marriage licenses (410 ILCS 535-Vital Records Act)

5.

On January 8, 2016 at 3:41 PM, Shauna Becker, FOIA Officer/Supervisor of Vital

Records for John A. Cunningham, Kane County Illinois Clerk provided the first of two email
responses. The second response of Ms. Becker was by email at 5:01 PM.
6.

On January 8, 2016 Shauna Becker wrote in relevant part:


Please see below for the documentation required to obtain the marriage record per the
Illinois Department of Public Health:
1. Full names of Bride and Groom
2. Date of the marriage
2

NOTICE OF FILING BY DEFENDANT NEIL J. GILLESPIE


Re: Verification of the Illinois Marriage Record of Elizabeth Bauerle, n.k.a.
Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle

January 11, 2016

3. Marriage had to take place in Kane County


4. $16.00 fee by check or money order payable to the Kane County Clerk
5. Completed Certificate Request Form (attached with this letter)
6. Photocopy of your valid driver's license or state issued photo ID.
All of the above information is necessary and must be provided to our office, to obtain
the certified record. We do not provide facsimiles, photocopies or emails of any vital
records. Vital records are not obtainable through a Freedom of Information Act request.
Marriage records are not public records.
7.

On information and belief, the forgoing by Ms. Becker is not appropriate to my situation

because I do not have all the information requested. I do not know the date of the marriage. I am
not certain the marriage took place in Kane County. The $16.00 fee to Kane County is onerous
when compared to the $5.00 fee requested by the Illinois Department of Health for Verification
of a Marriage Record. http://www.idph.state.il.us/vitalrecords/marriage/Pages/default.htm
For a non-refundable $5 fee (410 ILCS 530/3), facts of a marriage or civil union that
took place between 1962 and current index year may be available.
8.

On January 10, 2016 I made application to the Illinois Department of Health, Division of

Vital Records, for Verification of a Marriage Record, verification of the Illinois Marriage Record
of Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown
spouse of Elizabeth Bauerle. My application appears at Exhibit 2.
9.

Today January 11, 2016 the Illinois Department of Health, Division of Vital Records,

confirmed by email that my application meets its requirements. Exhibit 3.


10.

The Illinois Department of Health, Division of Vital Records website shows These orders

may take seven business days to process. (fax). My application is shipping by UPS 3 Day Select
Service, and scheduled to arrive Thursday January 14, 2016 at the Division of Vital Records.
11.

Processing time of seven business days would end on Wednesday, January 27, 2016. I

believe the verification is mailed, which will add several more days time until I get the
3

NOTICE OF FILING BY DEFENDANT NEIL J. GILLESPIE


Re: Verification of the Illinois Marriage Record of Elizabeth Bauerle, n.k.a.
Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle

January 11, 2016

Verification of a Marriage Record for the Illinois marriage of Elizabeth Bauerle, n.k.a. Elizabeth
Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle.
12.

Once I get the Verification of a Marriage Record for the Illinois marriage of Elizabeth

Bauerle, n.k.a. Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of
Elizabeth Bauerle, I will have the information necessary to amend my 4 responses to the Plaintiffs
Notice of Action to Foreclose I filed on January 8, 2016:
A.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SETTLORS
BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997.
B.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SETTLORS
BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, 8092 SW 115TH LOOP, OCALA, FL 34481.
C.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SPOUSE OF
ELIZABETH BAUERLE
D.
Plaintiffs Notice of Action to Foreclose the UNKNOWN SPOUSE OF
ELIZABETH BAUERLE, 6356 SW 106th Place, Ocala, Florida, 34476.
13.

Given the foregoing, I expect to file 4 amended responses on or about February 1, 2016.

14.

The Plaintiff filed on January 7, 2016 an improper Motion for Default. Plaintiffs Motion

for Default is improper given I filed a DEFENDANTS MOTION TO EXTEND TIME TO


RESPOND to and including January 7, 2016. Exhibit 4.
15.

The Plaintiff knowingly and wrongly filed this action as a commercial foreclosure

when in fact the Plaintiff and its counsel knows this is a residential foreclosure of my Florida
homestead. 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

NOTICE OF FILING BY DEFENDANT NEIL J. GILLESPIE


Re: Verification of the Illinois Marriage Record of Elizabeth Bauerle, n.k.a.
Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle

January 11, 2016

stolen note affidavit. The Plaintiff has failed to comply with Florida Rules of Civil Procedure,
Rule 1.115, Pleading Mortgage Foreclosures and subparts (a) through (e).
WHEREFORE, I respectfully move the Court to dismiss with prejudice Plaintiffs entire
action. In the alternative, I move the Court to file 4 amended responses on or about February 1,
2016 once I get information from the Illinois Department of Health, Division of Vital Records,
the Verification of a Marriage Record for the Illinois marriage of Elizabeth Bauerle, n.k.a.
Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle.
RESPECTFULLY SUBMITTED January 11, 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
Email: neilgillespie@mfi.net
Service List January 11, 2016
I hereby certify the following names were served by email today January 11, 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

David R. Ellspermann Marion County Clerk


of Court & Comptroller
P.O. Box 1030
5

NOTICE OF FILING BY DEFENDANT NEIL J. GILLESPIE


Re: Verification of the Illinois Marriage Record of Elizabeth Bauerle, n.k.a.
Elizabeth Bidgood, and Scott Allen Bidgood, n.k.a. the unknown spouse of Elizabeth Bauerle

January 11, 2016

P.O. Box 1030


Ocala, Florida 34478-1030
Email: gharrell@marioncountyclerk.org

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

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: neilgillespie@mfi.net
Email: mark.gillespie@att.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

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


7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Elizabeth Bauerle n/k/a Elizabeth Bidwood
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net

Unknown spouse of Elizabeth Bauerle


6356 SW 106th Place
Ocala, FL 34476
Email: neilgillespie@mfi.net

Filing # 36416149 E-Filed 01/11/2016 05:11:25 PM

Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAO
To requests by Neil J. Gillespie made under Illinois state law, the
Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., and the
Illinois law for marriage licenses (410 ILCS 535-Vital Records Act)
Exhibit 1.

Nov-23-2015, email only of Rebecca Paul 1p (City St. Charles), Marriage License
records are located at the Kane County Clerk's office (630-232-5950).

Exhibit 2.

Dec-10-2015, SAO response by Joseph F. Lulves, US mail, 2 pages w/envelope,


granted SAO FOIA #15-041, We no documents responsive to your request. We
note this office is not involved in the marriage process, and does not maintain
those types of records.

Exhibit 3.

Dec-16-2015, email only of Karen Muehlfelt 2p (City St. Charles) ...forwarding


your message to John A. Cunningham, Kane Co. Clerk who handles marriage
records in Kane Co. I am also copying the Countys FOIA department as well...

Exhibit 4.

Dec-16-2015, email only of Kane County Clerks Office, Shauna Becker, FOIA
Officer [not Supervisor of Vital Records] re confusion with correct office. 1p

Exhibit 5.

Dec-18-2015, emailed letter 4p of John A. Cunningham, Kane County Clerk, by


Shauna Becker FOIA Officer...request denied...Per 5 ILCS 140/7 Exemptions: (b)
private information...reviewed and confirmed by Kane County State's Attorney's
office vital records are not public record and contain private information...You
have the right to [review] by the Public Access Counselor (PAC)...

Exhibit 6.

Dec-22-2015, emailed letter of John A. Cunningham 2p, Kane County Clerk, by


Shauna Becker FOIA Officer...request granted, no records for Neil J. Gillespie.

Exhibit 7.

Jan-06-2016, SAO email and attachment, 9 pages total. Got phone call from ASA
Joseph Lulves says response was emailed Dec-24-15. Emailed again today, also
sending by US mail (not necessary). Request granted, docs attached are my docs.

Exhibit 8.

Jan-08-2016, email 3.41pm 1p, letters Jan-08-16 & Dec-18-15 John Cunningham,
Kane County Clerk, by Shauna Becker, FOIA Officer/Supervisor of Vital
Records, 6 pages total, includes a 1p Vital Record Certified Copy Request
Email Subject: Kane County Clerk Response FOIA. Black color email font.
NOTE: Shauna Becker shows she is now Supervisor of Vital Records. First, I am
responding to your inquiry regarding the FOIA you submitted on Dec. 23, 2015.
We has already sent you a response to the same request on December 18, 2015.
NOTE: My FOIA Dec-23-15 is materially different than the FOIA Dec-18-15.
Ms. Becker then described the wrong process to get a marriage verification.

Exhibit 9.

Jan-08-2016, email 5.01pm 8p, letter in Free Opener (cant open-print to PDF),
of John Cunningham, Kane County Clerk, by Shauna Becker, FOIA Officer
/Supervisor of Vital Records, 10 pages total; change in email font color to blue.

Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAO
To requests by Neil J. Gillespie made under Illinois state law

Email Subject: FW: Illinois Freedom of Information Act Request: FOIA request
for Kane County Illinois marriage record. Note: Free Opener letter not signed.
NOTE: Shauna Becker shows she is now Supervisor of Vital Records.
Exhibit 10.

Jan-09-2016, emailed letter 3p (Free Opener letter now in PDF) of John A.


Cunningham, Kane County Clerk, by Shauna Becker, FOIA Officer/Supervisor of
Vital Records, change in email font color to blue.
NOTE: Shauna Becker shows she is now Supervisor of Vital Records.

Exhibit 11.

Jan-09-2016, received US mail postmarked Jan-06-16, letter from Kane County,


Illinois ASA Joseph Lulves says response was emailed Dec-24-2015. Request
granted, records provided are my records previously submitted.

--------------------------------------------On January 8, 2016 Shauna Becker wrote:


Please see below for the documentation required to obtain the marriage record per the
Illinois Department of Public Health:
1. Full names of Bride and Groom
2. Date of the marriage
3. Marriage had to take place in Kane County
4. $16.00 fee by check or money order payable to the Kane County Clerk
5. Completed Certificate Request Form (attached with this letter)
6. Photocopy of your valid driver's license or state issued photo ID.
All of the above information is necessary and must be provided to our office, to obtain
the certified record. We do not provide facsimiles, photocopies or emails of any vital
records. Vital records are not obtainable through a Freedom of Information Act request.
Marriage records are not public records.
On information and belief, the forgoing by Ms. Becker is not appropriate to my situation because
I do not have all the information requested. I do not know the date of the marriage. I am not
certain the marriage took place in Kane County. The $16.00 fee to Kane County is onerous when
compared to the $5.00 fee requested by the Illinois Department of Health for Verification of a
Marriage Record. http://www.idph.state.il.us/vitalrecords/marriage/Pages/default.htm
For a non-refundable $5 fee (410 ILCS 530/3), facts of a marriage or civil union that took place
between 1962 and current index year may be available.
It is unfortunate Ms. Becker did not initially provide the information I needed and available on
the Illinois Department of Health website for $5.00. Instead, Ms. Becker wanted a $16.00 fee for
Kane County for a process she could deny (and keep the $16?) because I do not know the date of
the marriage, and I am not certain the marriage took place in Kane County. Likewise for ASA
Joseph Lulves and SA Joseph McMahon. As attorneys, they know the law but remained silent.
2

Responses by the City of St. Charles IL; Kane County IL Clerk; & the Kane County IL SAO
To requests by Neil J. Gillespie made under Illinois state law

Note: MuckRock is a United States-based organization which assists anyone in filing


governmental requests for information through the Freedom of Information Act.
MuckRock sent my FOIA to the wrong place, then got a wrong response from Ann Lambert,
FOIA Officer for the wrong place where MuckRock sent the FOIA. A second response from Ann
Lambert, 630-208-2162, shows this FOIA was not correctly submitted. MuckRock resubmitted
the FOIA to the Kane County Clerk, but without my attachment. MuckRock later sent the
attachment to the Kane County Clerk. I am not showing the misplaced MuckRock FOIA here
since it already contains the FOIA records sent to the Kane County Clerk, and will only confuse
my FOIA to the Kane County Clerk. I closed the MuckRock FOIA without getting records. Kane
County says the records are not FOIA records, but available under another process.

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Subject:

"Paul, Rebecca" <rpaul@stcharlesil.gov>


<neilgillespie@mfi.net>
"Muehlfelt, Karen" <kmuehlfelt@stcharlesil.gov>
Monday, November 23, 2015 4:00 PM
RE: [general inquiries] public records

Hi Neil,
Thank you very much for your inquiry.
Marriage License records are located at the Kane County Clerk's office (630-232-5950).
http://www.co.kane.il.us/coc/Records/Marriage/marriagelicense.asp
Thank you,
Rebecca

Rebecca Paul
rpaul@stcharlesil.gov | phone:630.377.4400
www.stcharlesil.gov
-----Original Message----From: webmaster@stcharlesil.gov [mailto:webmaster@stcharlesil.gov] On Behalf Of
neilgillespie@mfi.net
Sent: Monday, November 23, 2015 2:47 PM
To: INFO
Subject: [general inquiries] public records
Neil Gillespie sent a message using the contact form at http://www.stcharlesil.gov/contact.
This is a request for public records, the marriage record of Elizabeth Bauerle and Scott Bidgood, which
marriage occurred sometime after March 11, 2010, the date of Mr. Bidgoods voluntary petition for
chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).
The address shown is 34w584 Illinois St., Saint Charles, IL 60174.
I need a copy of the marriage record, license or certificate for a legal matter in the State of Florida. Time
is of the essence. Thank you.
Report as inappropriate:
http://www.stcharlesil.gov/mollom/report/mollom_captcha/151123f7fd34a09be3-

1
1/10/2016

Office of the Kane County State's Attorney

JOSEPH H. MCMAHON
State's Attorney
Kane County Courthouse
100 South Third Street, 4th Floor
Geneva, Illinois 60134

Civil Division:
(630) 208-5320

December 10,2015

Neil J. Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481
Re:

Freedom of Information Act request received December 9, 2015


SAO FOIA #15-041

Dear Mr. Gillespie:


Thank you for writing to the Kane County State's Attorney with your request for
information pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et

seq.

On December 10, 2015, you requested the following documents:

The marriage record of Elizabeth Bauerle and Scott Bidgood.

Your request is granted.

We have no documents responsive to your request.

We note this office is not involved in the marriage process, and does not maintain

those types of records.

IToseph F. Lulves
Assistant State's Attorney
FOIA Officer
Contact Information Above

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Page 1 of 2

Neil Gillespie
From:
To:
Cc:
Sent:
Subject:

"Muehlfelt, Karen" <kmuehlfelt@stcharlesil.gov>


"Neil Gillespie" <neilgillespie@mfi.net>; <CountyClerk@co.kane.il.us>;
<CountyClerkFoia@co.kane.il.us>
"Paul, Rebecca" <rpaul@stcharlesil.gov>
Wednesday, December 16, 2015 10:10 AM
RE: Clerk John Cunningham, Re Freedom of Information Act Request OF NEIL J GILLESPIE Dec15-2015

Dear Mr. Gillespie

By way of this email, I am including and forwarding your message to John A. Cunningham,
Kane Co. Clerk who handles marriage records in Kane Co. I am also copying the Countys
FOIA department as well.
Its appears the email address you have for John Cunningham is incorrect and I am not sure he
has received any prior correspondence you have sent to him concerning this issue.

Both Rebecca Paul and myself are employees (Receptionists) of the City of St. Charles and are
in no way tied to the affairs of the Kane County Clerks office. Please remove us from this
email thread from this point forward.

Sincerely,

Karen Muehlfelt

Karen Muehlfelt | Receptionist


2 E. Main Street, St. Charles, IL 60174-1984
phone: 630.377.4400 | fax: 630.443.4638 | www.stcharlesil.gov
kmuehlfelt@stcharlesil.gov

_________________________________
CITY OF ST CHARLES, ILLINOIS

From: Neil Gillespie [mailto:neilgillespie@mfi.net]


Sent: Tuesday, December 15, 2015 11:05 PM
To: Muehlfelt, Karen; Paul, Rebecca
Cc: Neil Gillespie
Subject: Fw: Clerk John Cunningham, Re Freedom of Information Act Request OF NEIL J GILLESPIE Dec-152015

Ms. Muehlfelt and Ms. Paul: Please acknowledge this FOIA sent yesterday. When can I expect a
response?
----- Original Message -----

3
1/10/2016

Page 2 of 2

From: Neil Gillespie


To: John Cunningham ; Karen Muehlfelt ; Rebecca Paul
Cc: Neil Gillespie
Sent: Tuesday, December 15, 2015 4:16 AM
Subject: TO: Clerk John Cunningham, Re Freedom of Information Act Request OF NEIL J GILLESPIE Dec-152015

VIA Email: Rebecca Paul, rpaul@stcharlesil.gov


VIA Email: Karen Muehlfelt, kmuehlfelt@stcharlesil.gov
John A. Cunningham, Kane County Clerk
Kane County Clerk, Illinois
Re: Freedom of Information Act Request
Dear John A. Cunningham, Kane County Clerk:
Please find attached to this email letter my Freedom of Information Act Request, and:
1. Notice of Defendants Consent to Judgment Case No. 2013-CA-00115, Marion County, FL
2. US BK Court-NorthernDivIL_10-10313 Scott Allen Bidgood, DOCKET
3. Chapter 7 BK, Doc 3 statement of income Scott Allen Bidgood UNMARRIED page2
4. Discharge of Debtor Scott Allen Bidgood Doc 15 Chapter 7 US BK Court Case 10-10313
My Statement of Purpose for waiver of FOIA fees:
Request the marriage record of Elizabeth Bauerle and Scott Bidgood for use in the state of Florida,
wrongful HECM reverse mortgage foreclosure of my home, Case No. 2013-CA-00115, Marion County,
Florida. Elizabeth Bauerle, N.K.A. Elizabeth Bidgood, gave Notice of Consent to Judgment July 8,
2013. The issue is any residual interest of Mr. Bidgood in the case. The marriage occurred sometime
after March 11, 2010, the date of Mr. Bidgoods voluntary petition for chapter 7 bankruptcy, Case 1010313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago). Mr. Bidgoods address is shown
as 34w584 Illinois St., Saint Charles, IL 60174. I am appearing pro se, a disabled, indigent/insolvent
non-lawyer, unable to obtain adequate counsel, a vulnerable adult, and a consumer of legal and court
services affecting interstate commerce. I am making this request as an attorney in fact. Sperry v. Florida,
373 U.S. 379 (1963).
Thank you for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

1/10/2016

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Subject:

"Becker, Shauna" <beckershauna@co.kane.il.us>


"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, December 16, 2015 5:09 PM
RE: FOIA Request

Good Afternoon Mr. Gillespie,

I wanted to let you know that we have received your FOIA request, as I understand there was
some confusion as to the correct office to send it to. I have received it, and we are reviewing
your request. I will get back to you within the 5 days allowed under FOIA.
Thank you for your patience,
Sincerely,
Shauna Becker
FOIA Officer
Kane County Clerks Office
719 S. Batavia Ave.
Geneva IL 60134
630-232-5954
beckershauna@co.kane.il.us

From: Neil Gillespie [mailto:neilgillespie@mfi.net]


Sent: Tuesday, December 15, 2015 11:36 PM
To: County_Clerk_Foia
Cc: Neil Gillespie
Subject: FOIA Request

4
1/10/2016

Page 1 of 1

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

"Becker, Shauna" <beckershauna@co.kane.il.us>


<neilgillespie@mfi.net>
"Becker, Shauna" <beckershauna@co.kane.il.us>; "Emerson, John" <EmersonJohn@co.kane.il.us>;
"Esquivel, Raymond" <EsquivelRaymond@co.kane.il.us>
Friday, December 18, 2015 3:28 PM
SKMBT_C65015121815070.pdf
Kane County Clerk's FOIA Response

Good Afternoon,
Please see the attached document pertinent to your FOIA request with the Kane County
Clerks Office on December 15, 2015.

Sincerely,
Shauna Becker
FOIA Officer
Kane County Clerks Office
719 S. Batavia Ave.
Geneva, IL 60134
630-232-5954
Beckershauna@co.kane.il.us

5
12/19/2015

COUNTY OF KANE

John A. Cunningham
KANE COUNTY CLERK
719 S. Batavia Ave.
Geneva, Illinois 60134

Vital Records Department


Phone: (630) 232-5950
FAX: (630) 232-5866
Website: www.co.kane.il.us

December 18, 2015


Mr. Neil Gillespie
8092 SW 11S th Loop
Ocala, Fl 34481
Re:

FOIA Request of December 15, 2015 to the Kane County Clerkls Office

Dear Mr. Gillespje,


Thank you for writing to the Kane County Clerk with your request for information pursuant to the Illinois Freedom
of Information Act, 51LCS 140/1 et seq.

On December 15, 2015 1 you requested the following document:


1. Marriage record of Elizabeth Bauerle and Scott Bidgood for use in a legal matter in the state of Florida.
Your request is denied for the following reason: Per 5 ILCS 140/7 Exemptions: (b) private information, unless
disclosure is required by another provision of this Act, a state or federal law or a court order.
This request was reviewed and confirmed by the Kane County State's Attorney's office that vital records are not
public record and contain private information. As such they are not subject to or obtainable under FOIA. If these
documents are required for a legal action a subpoena or other form of court order is the appropriate way for you
to obtain the document that you are in need of.
You have the right to have the denial of your request reviewed by the Public Access Counselor (PAC) at the Office
of the Illinois Attorney General. SILCS 140/9.S(a). You can file your Request for Review with the PAC by writing

to:
Public Access Counselor
Office of the Attorney General
nd
500 South 2 Street
Springfield, Il 62706
Fax: 217-782-1396

E-mail; publicaccess@atg.stateJLus
You also have the right to seek judicial review of your denial by filing a lawsuit in the State circuit court. SJLCS
140/11.

If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this
denial letter. 5 ILCS 140/9.5(a).. Please note that you must include a copy of your original FOIA request and this
denial letter when filing a request for Review with the PAC.

Also please note that the date of your request with our office was December 15, 2015. We have 5 business days
in which to respond to your request, and the counting of the first day began on December 16. So today is day
three, and we have responded to your request within the time allowed under FOIA. I wanted to be sure that you
knew that we were responding within the appropriate period of time. The request that you fiJed with the State's
Attorney's office does not apply to our office, since they were two separate requests and two different offices.
If you have further questions, please call our office at 630-232-5950.
Sincerely,

Shauna Becker
FOIA Officer
Kane County Clerk's Office
719 S. Batavia Ave.
Geneva, IL 60134

630-232-5950
beckershauna@co.kane.il.us

TO: John A. Cunningham, Kane County Clerk


Kane County Clerk's Office
Kane County, Illinois
Re: Freedom of Information Act Request

FREEDOM OF INFORMATION ACT REQUEST


TilI5/2o~'1
L,_m"
_.

Date Requested:

Request Submitted Via;

o U.S. Mail

@ E-mail

o Fax

JnPerson

Requestor's Name: Neil J. Gillespie


Street Address:

8092 SW 115th Loop

City/State/County/Zip: Ocala/Florida/Marion (ounty/34481


E-mail Address:

neilgille5pie@m~.net

Phone No.:

352-854-7807

Fax No.:

nfa

RECEIVED
ntC 15 2015
KANE COUNTY CLERK

RECORDS REOUESTED:

Marriage record of Elizabeth Bauerle and Scott Bidgood for use in a legal matter in the state of Florida, the
wrongful HECM reverse mortgage foreclosure of my home, Case No. 2013-eA-OOll 5, Marion County.
Florida. Elizabeth Bauerle, N.KA. Elizabeth Bidgood, gave Notice of Consent to Judgment July 8, 2013. The
issue is any residual interest of Mr. Bidgood in the case. The marriage occurred sometime after March 11,
2010, the date of Mr. Bidgood's voluntary petition for chapter 7 bankruptcy, Case 10..10313, U.S.
Bankruptcy Court, Northern District of Illinois (Chicago). Mr. Bidgood's address is shown as 34wS84 Illinois
St., Saint Charles, IL 60174. I am appearing pro se, a disabled, indigent/insolvent non-lawyer, unable to
obtain adequate counsel, a vulnerable adult, and a consumer of legal and court services affecting
interstate commerce. I am making this request as an attorney in fact. Sperry v. Florida, 373 U.S. 379 (1963).
Do you want copies of the documents?

o Paper Copies

@Yes

ONo

lZJ Electronic Copies (specify format

Neil J Gillespie

PDF

----------

Digitally signed by Neil J Gillespie


DN: cn=Neil J Gillespie, 0/ OU,
emaiJ=neilgiliespie@mfi.net, c=US
Date: 2015.12.15 04:05:00 -05 100'

Requestor: Neil J. Gillespie


This request is not for a Commercial Purpose.
I am requesting a fee waiver, see attached letter/statement

Page 1 of 1

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

"Becker, Shauna" <beckershauna@co.kane.il.us>


<neilgillespie@mfi.net>
"Becker, Shauna" <beckershauna@co.kane.il.us>
Tuesday, December 22, 2015 5:17 PM
SKMBT_C65015122217010.pdf
Kane County Clerk FOIA Response

Please see attached document pertinent to your FOIA request of December 21, 2015.

Sincerely
Shauna Becker
FOIA Officer
Kane County Clerks Office
719 S. Batavia Ave.
Geneva, IL 60134
630-232-5950
beckershauna@co.kane.il.us

6
1/10/2016

Page 1 of 1

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

"SAO FOIA" <saofoia@co.kane.il.us>


"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, January 06, 2016 9:51 AM
Response Gillespie 122415.pdf
RE: Violation of FOIA submitted December 21, 2015

We sent the attached response to you via email on December 24, 2015. We are also putting it in the U.S.
Mail today.
________________________________
From: Neil Gillespie [neilgillespie@mfi.net]
Sent: Tuesday, January 05, 2016 4:25 PM
To: SAO FOIA; Joseph McMahon, Kane County State's Attorney
Cc: Neil Gillespie
Subject: Violation of FOIA submitted December 21, 2015
VIA Email: saofoia@co.kane.il.us<mailto:saofoia@co.kane.il.us>
http://saopublic.co.kane.il.us/Pages/Foia.aspx
State's Attorney's Office FOIA Request
FOIA Officer: Assistant State's Attorney Joseph F. Lulves
Joseph McMahon, Kane County States Attorney
VIA Email: mcmahonjoseph@co.kane.il.us<mailto:mcmahonjoseph@co.kane.il.us>
Re: Freedom of Information Act Request
As of today your office has not responded to my FOIA submitted December 21, 2015, forwarded below.
The due date to respond to my FOIA was Tuesday, December 29, 2015. Provide a response and the
records immediately.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net<mailto:neilgillespie@mfi.net>
----- Original Message ----From: Neil Gillespie<mailto:neilgillespie@mfi.net>
To: saofoia@co.kane.il.us<mailto:saofoia@co.kane.il.us>
Sent: Monday, December 21, 2015 11:09 AM
Subject: Freedom of Information Act Request Form - SAO 12-21-2015

7
1/6/2016

Page 1 of 1

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

"Becker, Shauna" <beckershauna@co.kane.il.us>


<neilgillespie@mfi.net>
"Becker, Shauna" <beckershauna@co.kane.il.us>; "Emerson, John" <EmersonJohn@co.kane.il.us>;
"Esquivel, Raymond" <EsquivelRaymond@co.kane.il.us>; "Lulves, Joseph"
<LulvesJoseph@co.kane.il.us>
Friday, January 08, 2016 3:41 PM
SKMBT_C65016010815170.pdf
Kane County Clerk Response FOIA

Good Afternoon,
Please see the attached regarding your FOIA request with the Kane County Clerks Office.
Please note that I will be out of the office starting Jan. 11, 2016 returning on Jan. 19, 2016.

Sincerely,
Shauna Becker
FOIA Officer/Supervisor of Vital Records
Kane County Clerks Office
719 S. Batavia Ave.
Geneva, IL 60134
630-232-5950
beckershauna@co.kane.il.us

8
1/8/2016

Page 1 of 8

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

"Becker, Shauna" <beckershauna@co.kane.il.us>


<neilgillespie@mfi.net>
"Lulves, Joseph" <LulvesJoseph@co.kane.il.us>; "Emerson, John" <EmersonJohn@co.kane.il.us>;
"Esquivel, Raymond" <EsquivelRaymond@co.kane.il.us>
Friday, January 08, 2016 5:00 PM
2013 Letterhead.docx
FW: Illinois Freedom of Information Act Request: FOIA request for Kane County Illinois marriage
record

Mr. Gillespie,
Please see the attachment regarding the December 23, 2015 FOIA. Vital records are not
obtainable under FOIA. Please see the attached letter that I sent you a short time ago.
Thank you,
Shauna Becker
FOIA Officer
Kane County Clerks Office

From: 23070-06791270@requests.muckrock.com [mailto:23070-06791270@requests.muckrock.com]


Sent: Friday, January 08, 2016 3:55 PM
To: County_Clerk_Foia
Subject: RE: Illinois Freedom of Information Act Request: FOIA request for Kane County Illinois marriage record

January 8, 2016
Kane County Clerk of Court John A. Cunningham
Kane County Circuit Court Clerk
ATTN: Freedom of Information Officer
540 S Randall Rd., St. Charles, IL, 60174
This is a follow up to a previous request:
This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr.
Bidgoods address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition for
chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).
I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373
U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the Commerce
Clause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under the
Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I am
also making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, as
set forth below.
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is unconstitutional under the Equal Protection
Clause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter
382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person within
its jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause

1/10/2016

Page 2 of 8

Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection,
preservation, amendment, and certification of vital records, the collection of other reports required by
this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained
from vital records. http://www.leg.state.fl.us/statutes/index.cfm?
App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html
Chapter 382 Florida Statutes, Vital Statistics http://www.leg.state.fl.us/statutes/index.cfm?
App_mode=Display_Statute&URL=03000399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382
382.003 Powers and duties of the department
382.004 Reproduction and destruction of records
382.005 Duties of local registrars
382.021 Department to receive marriage licenses
382.025 Certified copies of vital records; confidentiality; research
(2) OTHER RECORDS.
(a) The department shall authorize the issuance of a certified copy of all or part of any marriage,
dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidential
and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting it
upon receipt of a request and payment of the fee prescribed by this section.
Florida Department of Health website,
Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record prior
to June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued.
Beginning in 1972, the application to marry section was incorporated with the front of the marriage
record. The application to marry may be available from the Clerk of Court for events prior to 1972.
The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification of
the same record when ordered at the same time. No restrictions exist for ordering these records.
http://www.floridahealth.gov/certificates/certificates/marriage/index.html
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is also unconstitutional under the Supremacy
Clause, and the federal FOIA, 5 U.S. Code 552, that does not provide for an exemption under 5 ILCS
140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause
2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the
supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and
mandates that all state judges must follow federal law when a conflict arises between federal law and
either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause
My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact for
matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).
Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop

1/10/2016

Page 3 of 8

Ocala, Florida 34481


Tel. 352-854-7807
Email: neilgillespie@mfi.net
--On Jan. 8, 2016:
Hello Ms. Lambert,
Thank you for your message. This request was inappropriately directed to your office. It is being
resubmitted to CountyClerkFoia@co.kane.il.us. Please let us know if it should be directed elsewhere.
Thank you for your help and patience.
--On Jan. 8, 2016:
The request you made was to the County Clerk as they handle the marriage certificates. Is there
something you are looking for from the Circuit Clerks office? Our court files are public record unless
impounded or restricted by statute.
Ann Lambert
630-208-2162
--On Jan. 6, 2016:
To Whom It May Concern:
Please find attached additional material regarding this public records request.
Thank you.
--On Jan. 6, 2016:
To Whom It May Concern:
The public records request copied below is being forwarded to your office for processing. Confirmation
of receipt and an estimated date of completion would be greatly appreciated.
Thank you.
_______________
VIA Email: CountyClerkFoia@co.kane.il.us
Freedom of Information Act (FOIA) Officers:
Shauna Becker, John Emerson Jr., Raymond Esquivel
John A. Cunningham
Kane County Clerk
FOIA Request
719 S Batavia Ave, Bldg B
Geneva, IL 60134
Cc: Joseph McMahon, Kane County States Attorney, mcmahonjoseph@co.kane.il.us
Re: Freedom of Information Act Request

1/10/2016

Page 4 of 8

Please find attached to this email my Freedom of Information Act Request.


This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr.
Bidgoods address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition for
chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).
I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373
U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the Commerce
Clause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under the
Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I am
also making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, as
set forth below.
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is unconstitutional under the Equal Protection
Clause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter
382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person within
its jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause
Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection,
preservation, amendment, and certification of vital records, the collection of other reports required by
this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained
from vital records. http://www.leg.state.fl.us/statutes/index.cfm?
App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html
Chapter 382 Florida Statutes, Vital Statistics http://www.leg.state.fl.us/statutes/index.cfm?
App_mode=Display_Statute&URL=03000399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382
382.003 Powers and duties of the department
382.004 Reproduction and destruction of records
382.005 Duties of local registrars
382.021 Department to receive marriage licenses
382.025 Certified copies of vital records; confidentiality; research
(2) OTHER RECORDS.
(a) The department shall authorize the issuance of a certified copy of all or part of any marriage,
dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidential
and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting it
upon receipt of a request and payment of the fee prescribed by this section.
Florida Department of Health website,
Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record prior
to June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued.
Beginning in 1972, the application to marry section was incorporated with the front of the marriage
record. The application to marry may be available from the Clerk of Court for events prior to 1972.
The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification of
the same record when ordered at the same time. No restrictions exist for ordering these records.
http://www.floridahealth.gov/certificates/certificates/marriage/index.html

1/10/2016

Page 5 of 8

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is also unconstitutional under the Supremacy
Clause, and the federal FOIA, 5 U.S. Code 552, that does not provide for an exemption under 5 ILCS
140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause
2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the
supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and
mandates that all state judges must follow federal law when a conflict arises between federal law and
either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause
My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact for
matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).
Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
--On Jan. 4, 2016:
Mr. Gillespie,
The below request came into our Research email and Im not sure what you are looking for from our
office. Your request was regarding a marriage record and those are not under the control of the Circuit
Clerks Office.
In Illinois the Freedom of Information Act only applies to the Legislative and Executive branches of
government and does not apply to the judicial branch. 5 ILCS 140/2(a).
The courts have expressly held circuit clerks are not subject to the FOIA. Newman v. Brown, 394
Ill.App.3d 602 (2009)(Non-judicial circuit court clerk component of the judicial branch not subject to
the FOIA). Therefore your request to this office is denied.
Ann Lambert
FOIA Officer
--On Dec. 30, 2015:
To Whom It May Concern:
Pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 to 11), I hereby request the following
records:
VIA Email: CountyClerkFoia@co.kane.il.us
Freedom of Information Act (FOIA) Officers:
Shauna Becker, John Emerson Jr., Raymond Esquivel
John A. Cunningham

1/10/2016

Page 6 of 8

Kane County Clerk


FOIA Request
719 S Batavia Ave, Bldg B
Geneva, IL 60134
Cc: Joseph McMahon, Kane County States Attorney, mcmahonjoseph@co.kane.il.us
Re: Freedom of Information Act Request
Please find attached to this email my Freedom of Information Act Request.
This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr.
Bidgoods address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition for
chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).
I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373
U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the Commerce
Clause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under the
Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I am
also making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, as
set forth below.
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is unconstitutional under the Equal Protection
Clause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter
382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person within
its jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause
Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection,
preservation, amendment, and certification of vital records, the collection of other reports required by
this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained
from vital records. http://www.leg.state.fl.us/statutes/index.cfm?
App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html
Chapter 382 Florida Statutes, Vital Statistics http://www.leg.state.fl.us/statutes/index.cfm?
App_mode=Display_Statute&URL=03000399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382
382.003 Powers and duties of the department
382.004 Reproduction and destruction of records
382.005 Duties of local registrars
382.021 Department to receive marriage licenses
382.025 Certified copies of vital records; confidentiality; research
(2) OTHER RECORDS.
(a) The department shall authorize the issuance of a certified copy of all or part of any marriage,
dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidential
and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting it
upon receipt of a request and payment of the fee prescribed by this section.
Florida Department of Health website,
Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record prior

1/10/2016

Page 7 of 8

to June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued.
Beginning in 1972, the application to marry section was incorporated with the front of the marriage
record. The application to marry may be available from the Clerk of Court for events prior to 1972.
The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification of
the same record when ordered at the same time. No restrictions exist for ordering these records.
http://www.floridahealth.gov/certificates/certificates/marriage/index.html
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record, is also unconstitutional under the Supremacy
Clause, and the federal FOIA, 5 U.S. Code 552, that does not provide for an exemption under 5 ILCS
140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause
2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the
supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and
mandates that all state judges must follow federal law when a conflict arises between federal law and
either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause
My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact for
matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).
Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
The requested documents will be made available to the general public, and this request is not being
made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in
advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if
available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your
response to this request within 5 business days, as the statute requires.
Sincerely,
Neil Gillespie
Filed via MuckRock.com
E-mail (Preferred): 23070-06791270@requests.muckrock.com
For mailed responses, please address (see note):
MuckRock

1/10/2016

Page 8 of 8

DEPT MR 23070
PO Box 55819
Boston, MA 02205-5819
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through
MuckRock by the above in order to better track, share, and manage public records requests. Also note
that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

1/10/2016

COUNTY OF KANE

John A. Cunninaham

KANE COUNTY CLERK'


719 S. Batavia Ave.
Geneva, Illinois 60134

Vital Records Department


Phone: (630)232-5950
FAX: (630) 232-5866
Website: www.co.kane.iI.us

January 8, 2016
Mr. Neil Gillespie
8092 SW 115 th Loop
Ocala, FL 34481
Re:

Marriage Record for Elizabeth Bauerle and Scott Bidgood

Dear Mr. Gillespie:


Thank you for your phone call today. As I mentioned I was working with our State's Attorney's Office and I
received a call and am now responding and offering you some options on how to obtain the record you are in need
of.
First, I am responding to your inquiry regarding the FOIA you submitted on Dec. 23, 2015. We had already sent
you a response to the same request on December 18,2015. I apologize if you did not receive our first response, so I
have attached the first response that was sent to you regarding a marriage record for Elizabeth Bauerle and Scott
Bidgood.
As I mentioned in my first response and also confirmed with our Kane County State's Attorney's Office in the
letter I have attached, vital records in the State of Illinois are not obtainable under the Freedom of Information Act.
Also, we do not email Vital Records. We can only provide certified legal copies which bear the raised county
embossed seal. The fee for this record is $16.00. You can obtain this record by providing the proper
documentation.
Please see below for the documentation required to obtain the marriage record per the Illinois Department of
Public Health:
1.
2.
3.
4.
5.
6.

Full names of Bride and Groom


Date of the marriage
Marriage had to take place in Kane County
$16.00 fee by check or money order payable to the Kane County Clerk
Completed Certificate Request Form (attached with this letter)
Photocopy of your valid driver's license or state issued photo ID.

All of the above information is necessary and must be provided to our office, to obtain the certified record. We do
not provide facsimiles, photocopies or emails of any vital records. Vital records are not obtainable through a
Freedom of Information Act request. Marriage records are not public records.
If you do not wish to obtain the record in the manner I have mentioned above, then you may submit to our office a
subpoena OR a court order signed by ajudge ordering the Kane County Clerk to provide at no charge/or to sell you
the marriage record.
I hope this information is informative and will help you better understand what is required to obtain this record. If
you provide one of these options we will be happy to provide you with the record. Please note that the information

that is required so that we can fill your request in a timely manner and you can receive the record as soon as
possible.
Sincerely,

Shauna Becker
FOIA Officer/Supervisor of Vital Records- Kane County Clerk's Office

Page 1 of 1

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

"Becker, Shauna" <beckershauna@co.kane.il.us>


<neilgillespie@mfi.net>
"Lulves, Joseph" <LulvesJoseph@co.kane.il.us>; "Emerson, John" <EmersonJohn@co.kane.il.us>;
"Esquivel, Raymond" <EsquivelRaymond@co.kane.il.us>; "Tague, Ayesha"
<TagueAyesha@co.kane.il.us>
Saturday, January 09, 2016 1:39 PM
SKMBT_C65016010913210.pdf
Kane County Clerk's Office Response

Good Afternoon Mr. Gillespie,


Please see the attached letter that I sent to you yesterday, but you were unable to open. I
apologize for the difficulty.
Please read my letter carefully, as I am trying to assist you so that you can obtain the
document in a different manner other than a FOIA.

As I stated, I will be out of the office this next week, but I will be checking my emails should
you have any further inquiries.

Thank you,
Sincerely,
Shauna Becker
FOIA Officer/Supervisor Vital Records
719 S. Batavia Ave.
Geneva, IL 60134
beckershauna@co.kane.ilus

10
1/10/2016

Office of the Kane County State's Attorney

JOSEPH H. MCMAHON
State's Attorney
Civil Division:

Kane County Courthouse


100 South Third Street, 4th Floor
Geneva, Illinois 60134

(630) 208-5320

December 24, 2015

Neil J. Gillespie
8092 s"r 115 th Loop
Ocala, Florida 34481
Sent Via Email to:neilgillespie@mfi.net
Re:

Freedom of Information Act request received December 21, 2015


SAO FOIA #15-041

Dear Mr. Gillespie:

Thank you for writing to the Kane County State's Attorney with your request for

information pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et

seq.

On December 21, 2015, you requested the following documents:

All records concerning you from November 15, 2015 through December 21, 2015.

Your request is granted.

Documents attached.

Joseph F. Lulves
..
Assistant State's Attorney
FOIA Officer
Contact Information Above
Enc.

11

Office of the Kane County State's Attorney

Kane County Courthouse


100 South Third Street, 4th FLoor
Geneva, Illinois 60134

Civil Division:
(630) 208-5320

December 10,2015

Neil J. Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481
Re:

Freedom of Info.rmation Act request received December .9, 2015


SAO FOIA #15-041

Dear Mr. Gillespie:


Thank you for writing to the Kane County State's Attorney with your request for
information pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et

seq.

On December 10, 2015, you requested the following documents:

The marriage record of Elizabeth Bauerle and Scott Bidgood.

Your request is granted.

We have no documents responsive to your request.

We note this office is not involved in the marriage process, and does not maintain

those types of records.

~oseph

F. Lulves
Assistant State's Attorney
FOIA Officer
Contact Information Above

Lulves, Joseph
From:

SAO FOrA

Sent:

To:

Subject:

Attachments:

Thursday, December 10,2015 11:50 AM


Lu Ives, Joseph
FW: FOrA Request to FOIA Officer Assistant State's Attorney Joseph F. Lulves
Chapter 7 SK, Doc 3 statement of income Scott Allen Bidgood UNMARRIED page2.pdf;
Discharge of Debtor Scott Allen Bidgood Doc IS Chapter 7 US BK Court Case
10-103l3.pdf; US BK Court-NorthernDivIL_lO-103l3 Scott Allen Bidgood, DOCKET.pdf;
Notice of Defendants' Consent to Judgment 20l3-CA-OOlIS Marion Co Florida.pdf;
Freedom of Information Act Request Form - SAO Dec-lO-IS Neil Gillespie.pdf; Letter to
ASA Joseph Lulves Re FOIA REQUEST OF NEIL J GILLESPIE Dec-lO-201S.pdf

From: Neil Gillespie [neilgiliespie@mfLnet]

Sent: Wednesday, December 09,2015 11:49 PM


To: SAO FOIA
Cc: Neil Gillespie
Subject: FOIA Request to FOrA Officer Assistant State's Attorney Joseph F. Lulves

VIA Email: saofoia@co.kane.il.us


http://saopublic.co.kane. i1. us/Pages/F 0 ia. aspx
State's Attorney's Office ForA Request
FOrA Officer: Assistant State's Attorney Joseph F. Lulves
Re: Freedom of Information Act Request
Dear Assistant State's Attorney Lulves,

Please find attached to this email letter my Freedom of Information Act Request, and:

1. Kane County State's Attorney's Office Freedom of Infonnation Act Request Form-Completed
2. Notice of Defendants Consent to Judgment Case No. 20.13-CA-00115, Marion County, FL
3. US BK Court-NorthernDivIL_10-10313 Scott Allen Bidgood, DOCKET
4. Chapter 7 BK, Doc 3 statement of income Scott Allen Bidgood UNMARRIED page2
5. Discharge of Debtor Scott Allen Bidgood Doc 15 Chapter 7 US BK Court Case 10-10313

My Statement of Purpose for waiver ofFOIA fees:


Request the marriage record of Elizabeth Bauerle and Scott Bidgood for use in the state of Florida, wrongful
HECM reverse mortgage foreclosure of my home, Case No. 2013-CA-00115, Marion County, Florida.
Elizabeth Bauerle, N.K.A. Elizabeth Bidgood, gave Notice of Consent to Judgment July 8, 2013. The issue is
any residual interest of Mr. Bidgood in the case. The marriage occurred sometime after March 11,2010, the
date of Mr. Bidgood's voluntary petition for chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court,
Northern District of Illinois (Chicago). Mr. Bidgood's address is shown as 34w584 Illinois St., Saint Charles, IL
60174. I am appearing pro se, a disabled, indigent/insolvent non-lawyer, unable to obtain adequate counsel, a
vulnerable adult, and a consumer of legal and court services affecting interstate commerce. I am making this
request as an attorney in fact. Sperry v. Florida, 373 U.S. 379 (1963).
Thank you for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop

Ocala, Florida 34481

Tel. 352-854-7807

Email: neilgillespie@mfi.net

VIA EInail: saofoia@co.kane.il.us


http://saopublic.co.kane. iI. uslPages/F 0 ia. aspx

December 10, 2015

State's Attorney's Office FOIA Request


FOIA Officer: Assistant State's Attorney Joseph F. Lulves
Re: Freedom of Information Act Request
Dear Assistant State's Attorney Lulves,
Please find attached to this email letter my Freedom of Information Act Request, and:
1. Kane County State's Attorney's Office Freedom of Information Act Request Form-Completed
2. Notice of Defendants Consent to Judgment Case No. 2013-CA-OOI15, Marion County, FL
3. US BK Court-NorthemDivIL_10-10313 Scott Allen Bidgood, DOCKET
4. Chapter 7 BK, Doc 3 statement of income Scott Allen Bidgood UNMARRIED page2
5. Discharge of Debtor Scott Allen Bidgood Doc 15 Chapter 7 US BK Court Case 10-10313
My Statement of Purpose for waiver of FOIA fees:
Request the marriage record of Elizabeth Bauerle and Scott Bidgood for use in the state of
Florida, wrongful HECM reverse mortgage foreclosure of my home, Case No. 2013-CA-00115,
Marion County, Florida. Elizabeth Bauerle, N.K.A. Elizabeth Bidgood, gave Notice of Consent
to Judgment July 8, 2013. The issue is any residual interest of Mr. Bidgood in the case. The
marriage occurred sometime after March 11,2010, the date ofMr. Bidgood's voluntary petition
for chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois
(Chicago). Mr. Bidgood's address is shown as 34w584 Illinois St., Saint Charles, IL 60174. I am
appearing pro se, a disabled, indigent/insolvent non-lawyer, unable to obtain adequate counsel, a
vulnerable adult, and a consumer of legal and court services affecting interstate commerce. I am
making this request as an attorney in fact. Sperry v. Florida, 373 U.S. 379 (1963).
Thank you for the courtesy of a response.
Sincerely,
Digitally signed by Neil J Gillespie

ON: cn=Neil J Gillespie,


Ne 1 J G,11 e5 p., a" emaiJ=neilgillespie@mfLnet,
c=US
Date: 2015.12.10 00:35:33 -05'00'
'
Neil J. Gillespie
0, OU,

8092 SW 115th Loop


Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

Kane County Stat~'s Attorney's Office

-~~.

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FREEDOM OF INFORMATION ACT REQUEST FORM


Date Requested:

12/10/2015

Request Submitted Via:


Requestor's Name: Neil

Street Address:

E-mail

u.s. Mail

Fax

o In Person

J. Gillespie

8092 SW 115th Loop

City/State/County/Zip: Ocala/Florida/Marion County/34481


E-mail Address:

neilgillespie@mfi.net

Phone No.:

352-854-7807

Fax No.:

n/a

RECORDS REQUESTED: (Provide as much specific detail as possible so the County can identify the
information you are seeking. You may attach additional pages, if necessary.)
Marriage record of Elizabeth Bauerle and Scott Bidgood for use in a legal matter in the state of Florida, the
wrongful HECM reverse mortgage foreclosure of my home, Case No. 2013-CA-00115, Marion County,
Florida. Elizabeth Bauerle, N.I<.A. Elizabeth Bidgood, gave Notice of Consent to Judgment July 8, 2"013. The
issue is any residual interest of Mr. Bidgood in the case. The marriage occurred sometime after March 11,
2010, the date of Mr. Bidgood's voluntary petition for chapter 7 bankruptcy, Case 10-10313, U.S.
Bankruptcy Court, Northern District of Illinois (Chicago). Mr. Bidgood's address is shown as 34w584 Illinois
St., Saint Charles, IL 60174.1 am appearing pro se, a disabled, indigent/insolvent non-lawyer, unable to
obtain adequate counsel, a vulnerable adult, and a consumer of legal and court services affecting
interstate commerce. I am making this request as an attorney in fact. Sperry v. Florida, 373 U.S. 379 (1963).

Do you want copies of the documents?

Paper Copies

@Yes

ONo

Electronic Copies (specify format PDF

Is this request for a Commercial Purpose?


(It is a violation of the Freedom ofInformation Act for a person to knOWingly obtain a public record for a commercial
purpose without disclosing that it is for a commercial purpose, if requested to do so by the public body. SILCS 140.3.1 (c))
Are you requesting a fee waiver?
(Ifyou are requesting that Kane County waive any fees for copying the document, you must attach a statement
of the purpose of the request, and whether the principal purpose ofthe request is to access or disseminate
information regarding the health, safety and welfare or legal rights of the general public. SILCS 14016(c))
By statute, this office will respond to your request within 5 business days beginning on the day after we receive your request
and in certain circumstances may inform you in writing we require additional 5 business days to respond, SILeS 740/3

Electronically Filed 07/08/2013 07:33:04 PM ET

*
*
*

IN THE CIRCUIT COURT OF THE


FIFfH JUDICIAL CIRCUIT OF
FLORIDA IN AND MARION COUNTY
GENERAL JURISDICTION DMSION

~,

(""'I

0\

REVERSE MORTGAGE SOLUTIONS, INC.,

Case No.:

2013CAOOOl15

Plaintiff,

v.
MARK GILLESPIE, et al.,
Defendants.
I

NOTICE OF DEFENDANTS' CONSENT TO JUDGMENT


Defendants, MARK GILLESPIE and JOETIA GILLESPIE AKA UNKNOWN SPOUSE

OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD


(hereinafter, the "Defendants"), file this Notice of Defendant's Consent to Judgment:
1.
Q

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.

2.

Plaintiff is seeking to recover the property located at 8092 SW 11Sth Loop,

Ocala, FL 34481 based on an Uevent of default" under the tenns of the Adjustable Rate Note

(Home Equity Conversion) alkJa "reverse mortgage".


3.

Because this is a reverse mortgage, the Defendants have no financial liability

under the tenns 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.

KEL File #13LAW34876

. _..

_---_ .. __..-.. _._---_.. _--_.

__ . - - - - - - - - - - - - - _ . _ - - - - - - - - - - - - - - - - - -

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have electronically filed via the Florida Courts eFiling
Portal and furnished a true and correct copy of the foregoing to Angela M. Brenwald, Esquire, of
LLC,
225
E.
Robinson
St.,
Orlando,
FL
32801,
McCalla
Raymer
mrservice@mccallaraymer.com; via [xl Email Delivery, today July 5,2013.

KAUFMAN, ENGLETT & LYND, PLLC

lsI Anthony J. Solomon


Anthony J. Solomon, Esq.
Florida Bar No. 93057
111 N. Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: asolomon@kelattorneys.com
Secondary Email: KELinbox@kelattorneys.com
MARK GILLESPIE and
Attorney for Defendants:
JOETIA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE

KEL File ##13LAW34876

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OFFICE OF JOSEPH H. MCMAHON

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STATE'S ATTORNEY FOR KANE COUNTY

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100 S. THIRD STREET, 4TH FLOOR


GENEVA, IL. 60134

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Neil J. Gittespie
8092 SW 115th Loop
Ocala, Florida 34481

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Filing # 36416149 E-Filed 01/11/2016 05:11:25 PM

VIA UPS No. 1Z64589FP196987064

January 10, 2016

Illinois Department of Public Health


Division of Vital Records
925 E. Ridgely Ave.
Springfield, IL 62702-2737
This is a request for a marriage verification. Verifications cost $5
Enclosed you will find my Application For Verification of Marriage/Civil Union Record Files.
Marriage Verification, Search of record indexes to verify that marriage occurred, $5 for each
copy http://www.idph.state.il.us/vitalrecords/Pages/fees.htm
Enclosed is my $5 fee for the verification cost, an Amscot International Money Order made
payable to the "Illinois Department of Public Health".
Below is a legible image of my Valid Government Issued Photo Identification, my
Florida Driver License Class E, # G421-630-56-099-0, for Neil Joseph Gillespie,
8092 SW 115th Loop, Ocala, Florida 34481. Expires March 19, 2018.

Thank you for the courtesy of a response. Please respond by email if possible.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

_._r ..".,._

.'

,..~ \ Stete of Illinois

_'_~.'_.'.~;.

Illinois Department of Public Health

APPLICATION FOR VERIFICATION OF MARRIAGE/CIVIL UNION RECORD FILES


Certified copies can only be obtained by writing to the county clerk where the marriage occurred.

The Department began recording marriage information on January 1 1962 and civil union information

on January 1. 2012.

FURNISH AL~SSIBLEINFORMATION

Select one:
arriage CI Civil Union

Name of
GROOMJ
PARTNER

Last/Maiden
Bidgood

Date of Birth

Scott

Middle
Allen

First

Middle

Last/Maiden

Date of Birth
January-17-1963

First

Name of
BRIDE!
PARTNER

Ann

Elizabeth

Place of
MARRIAGEI
CIVIL UNION

Bauerle (nee Gillespie)

Month

State
Illinois

County
Kane

City
St. Charles (best guess)

Date of
MARRIAGE!
CIVIL UNION

unknown

Day
unknown. but the marriage took place sometime after June 2010

Year

For a non-refundable $5 fee (410 ILCS 530/3), facts of a marriage or civil union that took place between
1962 and current index year may be available. Additional copies of the same verification requested at the
same time are $5 each. For a non-refundable fee of $10 received from any federal or public agency of
another state (410 ILCS 535/25 (13)), facts of a marriage or civil union that took place between the
same years may be available.

Amount enclosed $ $5.00

for 1

total copies
APPLICATION MADE BY

Neil J Gillespie

Name

Street Address

City

8092 SW 115th Loop


State

Ocala

Florida

ZIP

34481

Signature

Make chec

oney 0

er payable to II ois Department of Public Health. DO NOT SEND CASH.

Return this form with the proper fee and a legible copy of your non-expired,

government issued photo 1.0.

lOCI 14-730

Mail To:

Illinois Department of Public Health

Division of Vital Records

925 E. Ridgely Ave.

Springfield, IL 62702-2737

The Money

Jl

Superstore~
PAY TO THE
ORDER OF

AMSCOT
CORPORATION
P.O. BOX 25137
TAMPA, FL
33622-5137

,
**FIVE AN00.0/100boCLARS\
.'
21:64657763
NOT VALID FOR ~OI'iE 'tHAN ONE THOUSAND FIVE HUNDRED DOLLARS ($1500)'.
tfi!:~(;~~~~cFirst
AMSCOT'CORPOtATION
.
PURCHASER AND PAYEE ARE SUBjECT TO T;';E"SERVICE"CHARGIi AND OTHER TERMS ON THE REVER

I:'

....

https://www.ups.com/uis/create?ActionOriginPair=default___PrintWindowPage&key=labelWindow&type=html&loc=en_US&instr=A&doc=shipment...

UPS Internet Shipping: View/Print Label


1. Ensure there are no other shipping or tracking labels attached to your package. Select the
Print button on the print dialog box that appears. Note: If your browser does not support this function
select Print from the File menu to print the label.
2. Fold the printed label at the solid line below. Place the label in a UPS Shipping Pouch. If you do
not have a pouch, affix the folded label using clear plastic shipping tape over the entire label.
3. GETTING YOUR SHIPMENT TO UPS
Customers with a Daily Pickup
Your driver will pickup your shipment(s) as usual.
Customers without a Daily Pickup
Take your package to any location of The UPS Store, UPS Access Point(TM) location, UPS Drop Box,
UPS Customer Center, UPS Alliances (Office Depot or Staples) or Authorized Shipping Outlet near
you. Items sent via UPS Return Services(SM) (including via Ground) are also accepted at Drop Boxes.
To find the location nearest you, please visit the 'Find Locations' Quick link at ups.com.
Schedule a same day or future day Pickup to have a UPS driver pickup all of your Internet Shipping
packages.
Hand the package to any UPS driver in your area.
UPS Access PointTM
UPS Access PointTM
THE UPS STORE
THE UPS STORE
11100 SW 93RD COURT RD
3101 SW 34TH AVE
OCALA ,FL 34481
OCALA ,FL 34474

FOLD HERE

Page 1 of 1

Filing # 36416149 E-Filed 01/11/2016 05:11:25 PM


Neil Gillespie
From:
To:
Sent:
Subject:

"DPH.Vitals" <Dph.Vitals@Illinois.gov>
<neilgillespie@mfi.net>
Monday, January 11, 2016 2:47 PM
FW: Verification of a Marriage Record

Mr. Gillespie,

Yes, the application and documents do meet the requirements.

Thank you.

From: Neil Gillespie [mailto:neilgillespie@mfi.net]


Sent: Monday, January 11, 2016 1:21 AM
To: DPH.Vitals
Subject: Verification of a Marriage Record

Illinois Department of Public Health


Division of Vital Records
Hello, can you tell me if the attached request for Verification of a Marriage Record meets the
requirements of the
Division of Vital Records, before I send the paper documents and money order by UPS? Thank you.
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

3
1/11/2016

Filing # 36416149
35941683 E-Filed 01/11/2016
12/28/2015 05:11:25
03:45:12 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.,


Plaintiff,
vs.

CASE NO.: 2013-CA-000115


42-2013-CA-000115-AXXX-XX
Residential HECM Foreclosure Case
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.
Defendants.
________________________________________/
DEFENDANTS MOTION TO EXTEND TIME TO RESPOND
Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C)
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), is 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 moves to extend
time to respond, Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C), and states:
1.

I move for an extension of time under Fla.R.Civ.Pro. 1.090(b)(1) to file responses to,
A.
Plaintiffs Notice of Action to the UNKNOWN SETTLORS BENEFICIARIES
OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY
10, 1997.
B.
Plaintiffs Notice of Action to the UNKNOWN SETTLORS BENEFICIARIES
OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY
10, 1997, 8092 SW 115TH LOOP, OCALA, FL 34481.
C.
Plaintiffs Notice of Action to the UNKNOWN SPOUSE OF ELIZABETH
BAUERLE

DEFENDANTS MOTION TO EXTEND TIME TO RESPOND


Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C)

December 28, 2015

D.
Plaintiffs Notice of Action to the UNKNOWN SPOUSE OF ELIZABETH
BAUERLE, 6356 SW 106th Place, Ocala, Florida, 34476.
E.
2.

Any other outstanding pleadings that require a response by a defendant.

A response is due on the Plaintiffs four (4) Notice of Action(s) described in paragraph 1

on or before 30 days from first publication, November 26, 2015, which is today December 28,
2015, as calculated under Fla.R.Jud.Admin. 2.514(a)(1)(C).
RULE 2.514. COMPUTING AND EXTENDING TIME
(a) Computing Time. The following rules apply in computing time periods specified in
any rule of procedure, local rule, court order, or statute that does not specify a method of
computing time.
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer
unit of time
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal
holiday, or falls within any period of time extended through an order of the chief justice
under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to
run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does
not fall within any period of time extended through an order of the chief justice.
30 days from first publication on November 26, 2015 is Saturday December 26, 2015. Under
Fla.R.Jud.Admin. 2.514(a)(1)(C) because the last day is a Saturday, the period continues to run
until the end of the next day that is not a Saturday, Sunday, or legal holiday, which is today,
Monday December 28, 2015.
3.

I hereby move under Fla.R.Civ.Pro. 1.090(b)(1) for an extension of ten (10) days to file a

response to the Plaintiffs four (4) Notice of Action(s) described in paragraph 1, to on of before
Thursday, January 7, 2016.
4.

This motion to extend time is made in good faith, and not for the purpose of delay.
I am currently awaiting a response to requests for records needed to file my responses to

the Plaintiffs four (4) Notice of Action(s) described in paragraph 1.


2

DEFENDANTS MOTION TO EXTEND TIME TO RESPOND


Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C)

December 28, 2015

I recently received a response to a request for records which is being prepared for use in
my responses to the Plaintiffs four (4) Notice of Action(s) described in paragraph 1.
I also must file several affidavits with my responses, and cannot currently afford to pay a
notary due to indigence, but will have more funds within 10 days so I can pay for a notary.
5.

I am a person with disabilities. This Court previously denied my request for disability

accommodation under the Americans with Disabilities Act, and my work is going slow.
WHEREFORE, I respectfully move for a ten (10) day extension of time to on of before
Thursday, January 7, 2016, as provided by Rule 1.090(b)(1) and Rule 2.514(a)(1)(C).
RESPECTFULLY SUBMITTED December 28, 2015.

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
Email: neilgillespie@mfi.net
Service List December 28, 2015
I hereby certify the following names were served by email today December 28, 2015
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
JAXSFORECLOSURES@hud.gov

DEFENDANTS MOTION TO EXTEND TIME TO RESPOND


Fla.R.Civ.Pro. 1.090(b)(1) and Fla.R.Jud.Admin. 2.514(a)(1)(C)

December 28, 2015

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

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: neilgillespie@mfi.net
Email: mark.gillespie@att.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

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


7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Elizabeth Bauerle n/k/a Elizabeth Bidwood
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net

Unknown spouse of Elizabeth Bauerle


6356 SW 106th Place
Ocala, FL 34476
Email: neilgillespie@mfi.net