Notice of Non-cooperation by the Florida Attorney General, Petition 13 7280, Affidavit of Neil J...

8/14/2019 Notice of Non-cooperation by the Florida Attorney General, Petition 13 7280, Affidavit of Neil J Gillespie

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Petition No: 13-7280

IN THE

SUPREME COURT OF THE UNITED STATES

____________________

NEIL J. GILLESPIE - PETITIONER

VS.

REVERSE MORTGAGE SOLUTIONS, INC., ET AL - RESPONDENTS

________________________

PETITION FOR A WRIT OF CERTIORARI - C.A.11 13 - 11585-B

______________________

Affidavit of Neil J. Gillespie

Notice of Non-Cooperation of the Florida Attorney General

______________________

I, Neil J. Gillespie, under oath, testify as follows:

1. My name is Neil J. Gillespie. I am over 18 years old. I am the Petitioner reluctantly

appearing pro se, in forma paupers, in this Petition No. 13-7280, writ of certiorari, SCOTUS.

2. The Florida Attorney General is an elected cabinet official of the Executive Branch who

serves as the chief legal officer of the state of Florida, a position of public trust created by the

Florida Constitution, Article IV, Section 4(b), and authorized by 16.01 et seq., Florida Statutes.

3. The current Attorney General is Pamela Jo Bondi who took office on January 4, 2011,

and swore to support, protect, and defend the Constitution and Government of the United States

and of the State of Florida [Fla. Const. Art II 5(b)], and is by virtue of that position of trust an

officer and employee of state government, responsible for lawfully performing and discharging


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her duties without bias, favoritism, extortion, improper influence, personal self enrichment, self-

dealing, concealment, or conflict of interest. Her term will expire on January 6, 2015.

4. I served my corrected Petition No. 13-7280 on the Attorney General as shown on the

attached Rule 29 Proof of Service (Exhibit 1), for the state of Florida, and,

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.

The corrected Petition No. 13-7280 was delivered November 6, 2013, signed by J Moon at

9.21 A.M. shown by the attached U.P.S. Proof of Delivery (Exhibit 2), to,

813 LAKE BRADFORD RDTALLAHASSEE, FL, US 32304

This is a different address than is advertised by the Attorney General, which is

Attorney General Pamela Jo Bondi

Office of Attorney General

State of Florida

The Capitol PL-01

Tallahassee, FL 32399-1050

5. On October 29, 2013 my email sent to the Attorney General at [email protected]

was returned undeliverable with this error message: (Exhibit 3)

The following message to was undeliverable.

The reason for the problem:

5.1.0 - Unknown address error 554-'Mail for [email protected] rejected for policy easons.'

6. On November 4, 2013 I made a written request the Attorney General: (Exhibit 4).

This is a demand for the Attorney Generals email address for service of court documents

required by Rule 2.516, Florida Rules Judicial Administration, or any other applicablestate or federal constitution, statute, rule or case holding. Previously I made this request

to Leslie Jacobs November 1, 2013 by email and did not get a response.

Please note that changes Effective July 1, 2013 to U.S. Supreme Court rule 29.3 requires:

"An electronic version of the document shall also be transmitted to all other

parties at the time of filing or reasonably contemporaneous therewith, unless the


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party filing the document is proceeding pro se and in forma pauperis or the

electronic service address of the party being served is unknown and not

identifiable through reasonable efforts."

This is a link to the U.S. Supreme Courts Press Release April 29, 2013, revised version

of the Rules of the Court. http://www.supremecourt.gov/ctrules/2013revisedrules.pdf

This is a demand for the name and office address of the person, however designated, for

service of process to the Attorney General for the state of Florida pursuant to 28 U.S.C.

2403(b), constitutionality of any statute of that State affecting the public interest is

drawn in question.

This is a demand for the name and office address of the person, however designated, for

service of process to the Attorney General for the state of Florida pursuant to Chapter 48,

Florida Statutes, Process and Service of Process, or any other applicable state or federal

constitution, statute, rule or case holding.

Time is of the essence. Thank you.

7. I received a response by email from Diana R. Esposito, Chief-Assistant Attorney

General, Wednesday, November 13, 2013 3:11 PM: (exhibit 5)

Dear Mr. Gillespie, I just received your letter of November 12, 2013 requesting a

response about "Service of Court Documents." That is a legal question which is not a

request for a public document and since there are many different situations in which

service of process is deemed sufficient and when it is not, you are asking a legal question

which I cannot answer. (I will however tell you that a UPS delivery and signature, inmost instances, does not constitute "service of process.")

If you have any specific documents you would like me to obtain for you, please let me

know, otherwise I don't think I can be of any assistance to you.

Regards,

Diana R. Esposito

Chief-Assistant Attorney General

Civil Litigation Bureau

Office of the Attorney General

501 E. Kennedy Blvd, Suite 1100Tampa, FL 33602

Tel: 813-233-2600, x110

Fax: 813-233-2886[attachment "Letter to AG Bondi Nov-04-2013.pdf" deleted by Diana

Esposito/OAG]

8. I responded to Ms. Esposito Wednesday, November 13, 2013 4:12 PM: (exhibit 5)


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Dear Ms. Esposito:

Kindly provide what I requested in the attached letter. It was not a public records request.

1. The Attorney General's email address for service of court documents required by Rule

2.516, Florida Rules Judicial Administration

2. The name and office address of the person, however designated, for service of process

to the Attorney General for the state of Florida pursuant to 28 U.S.C. 2403(b),

constitutionality of any statute of that State affecting the public interest is drawn in

question.

3. The name and office address of the person, however designated, for service of process

to the Attorney General for the state of Florida pursuant to Chapter 48, Florida Statutes,

Process and Service of Process, or any other applicable state or federal constitution,

statute, rule or case holding.

FYI - United Parcel Service is "a third-party commercial carrier for delivery within 3calendar days" within the meaning of U.S. Supreme Court Rule 29. The U.S. Supreme

Court has accepted UPS service from me in Petition No. 12-7747 and Petition No. 13-

7280.

9. Ms. Esposito responded Wednesday, November 13, 2013 4:48 PM: (exhibit 5)

Dear Mr. Gillespie,

If you don't have a public records request, I'm afraid we cannot assist you. I respectfully

request that you take the Office of the Attorney General, myself, Kenneth Wilson and

Attorney General Bondi off your mailing list concerning your case against ReverseMortgage Solutions and your claims against Mr. Rodems or other attorneys because our

office is not a party of record in those matters and it is an expense you do not have to

incur. In the future, if you have a public records request, you may direct that to my

attention and I will do my best to respond.

Respectfully,

Diana R. Esposito

Chief-Assistant Attorney General

Civil Litigation Bureau

Office of the Attorney General

501 E. Kennedy Blvd, Suite 1100Tampa, FL 33602

Tel: 813-233-2600, x110

Fax: 813-233-2886


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10 On information and belief the Florida Attorney General has a duty to provide a validemail address and a valid street address for service o court documents in this petition but hasfailed or refused to provide the infornlation.

FURTHER AFFIANT SAYETH NAUGHT.I solemnly swear under penalty o perjury that the foregoing facts upon personal

knowledge and information and belief are true correct and complete so help me God.Dated this 15th day o November 2013.

er a non-lawyer reluctantly appearing pro se


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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 requiredby Supreme Court Rule 29 I have served the enclosed CORRECTEDPETITION FOR A WRIT

OF CERTIORARI on each party to the above proceeding or that partys 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 onthis 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 Request for Observer,

The Carter Center Denied, see enclosed

One Copenhill correspondence. Only

453 Freedom Parkway the enclosed letters

Atlanta, GA 30307 were served today.

VIA U.P.S. No. 1Z64589FP292667067

2. 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

1


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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.

Page - 2

Constitutional Challenge 28 U.S.C. 2403(a) (not certified) 12 U.S.C. 1715z20

- 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 Florida400 North Tampa Street, Suite 3200

Tampa, FL 33602

Telephone: 813-274-6000

Email: [email protected] (also served by email, Rule 29.3)

VIA U.P.S. No. 1Z64589FP193126294

4. 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 ObserverFax: +41 22 917 9006

Email: [email protected] (Also served by email, Rule 29.3)

VIA U.P.S. No. 1Z64589F0493961507

5. 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: +1-917-367-5102Email: [email protected] (Also served by email, Rule 29.3)

VIA U.P.S. No. 1Z64589FNW94331119

6. 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 for service of court documents: [email protected]

VIA U.P.S. No. 1Z64589FP191251125

7. Attorney General Pamela Jo Bondi For the state of Florida

Office of Attorney General Constitutional Challenge

State of Florida (see below)

The Capitol PL-01

Tallahassee, FL 32399-1050

Telephone: 850-414-3300


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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.

Page - 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


VIA U.P.S. No. 1Z64589FP192606348

9. Hon. Ed Carnes, United States Chief Judge U.S. Appellate Court

U.S. Court of Appeals for the 11th Circuit Appeal 13-11585-B56 Forsyth St., N.W.

Atlanta, Georgia 30303

Telephone: 404-335-6100

No Email Available

VIA U.P.S. No. 1Z64589FNW90673552

10. 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

11. 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: 352-401-7819Email: [email protected] (Also served by email, Rule 29.3)

VIA U.P.S. No. 1Z64589FP190067176


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Rule 29 Proofo Service, corrected petition for writ o certiorari, n 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 1600Orlando, FL 32801 Notice o Consent to JudgmentTelephone: 407-513-1900 filed July 8, 2013Toll Free: 888-238-2686 42-2013CA-000115Fax: 407-513-1961Email: [email protected] (Also served by email, Rule 29.3)Email: [email protected] V.P.S. No. lZ64589FP193065583

13. Gregory D. Jones, Esq. Florida Bar Lawyer Referral Service109 Brush Street, Suite 500 referral to Neil J. Gillespie for UPLTampa, FL 33602 ( 25 fee paid; consult not provided)Telephone: 813-229-7007Email: [email protected] (Also served by email, Rule 29.3)VIA V.P.S. No. lZ64589FP190046395

14. Craig H Benson, Esq. Neil Gillespie, former clientc/o William H. Abbuehl, Executive Director Foreclosure legal advice onlyConlffiunity Legal Services o Mid-Fla. (CLSMF) No foreclosure representation128A Orange AvenueDaytona Beach, Florida 32114-4310Telephone: 386-255-6573Fax: 386-257-6824Email: [email protected] (Also served by email, Rule 29.3)VIA V.P.S. No. lZ64589FP194745604I declare under penalty o perjury that the foregoing is true and correct.Executed on November 5, 2013.

eil J.8092 SOcala, lorida 34481Telephone: (352) 854-7807Email: [email protected]. Rule 2.516,Florida Rules Judicial Administration

Page - 4


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Proof of Delivery

Tracking Number: 1Z64589FP191977539

Service: UPS 3 Day Select

Weight: 1.00 lb

Shipped/Billed On: 11/05/2013

Delivered On: 11/06/2013 9:21 A.M.

Delivered To: 813 LAKE BRADFORD RDTALLAHASSEE, FL, US 32304

Signed By: J MOON

Left At: Office

Print This Page

Close Window

Dear Customer,

This notice serves as proof of delivery for the shipment listed below.

Thank you for giving us this opportunity to serve you.

Sincerely,

UPS

Tracking results provided by UPS: 11/12/2013 6:17 P.M. ET

Close Window

https://www.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FP191977539&refNumbers=&lo

2


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VIA U.P.S. No. IZ64589FP297121208 November 4, 2013Attorney General Pamela Jo BondiOffice of the Attorney GeneralState ofFloridaPL-OI The CapitolTallahassee, FL 32399-1050

Notice: Clerk's letter dated October 28, 2013 enclosed, U.S. Supreme CourtRE: Service ofCourt Documents, Pleadings and Service to the Florida Attorney General Rule 2.516, Florida Rules Judicial Administration

28 U.S.C. 2403(b), constitutionality of any statute of that State affecting thepublic interest is drawn in question Chapter 48 Florida Statutes, Process and Service ofProcess

Dear Attorney General Bondi:Please find enclosed the Clerk's letter dated October 28, 2013 from the U.S. Supreme Court.The Clerk's letter was provided to you November I, 2013 as shown on the attached service list.This is a demand for the Attorney General's email address for service of court documentsrequired by Rule 2.516, Florida Rules Judicial Administration, or any other applicable state orfederal constitution, statute, rule or case holding. Previously I made this request to Leslie JacobsNovember I 2013 by email and did not get a response.Please note that changes Effective July I , 2013 to U.S. Supreme Court rule 29.3 requires:

"An electronic version of the document shall also be transnlitted to all other parties at thetime of filing or reasonably contemporaneous therewith, unless the party filing thedocument is proceeding pro se and in fornla pauperis or the electronic service address ofthe party being served is unknown and not identifiable through reasonable efforts."This is a link to the U.S. Supreme Court's Press Release April 29, 2013, revised version of theRules of the Court. http://www.supremecourt.gov/ctrules/2013revisedrules.pdfThis is a demand for the name and office address of the person, however designated, for serviceofprocess to the Attorney General for the state ofFlorida pursuant to 28 U.S.C. 2403(b),constitutionalityof any statute of that State affecting the public interest is drawn in question.

4


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Attorney General Pamela Jo Bondi November 4 2013Office of the Attorney General Page - 2This is a demand for the name and office address of the person, however designated, for serviceof process to the Attorney General for the state of Florida pursuant to Chapter 48, FloridaStatutes, Process and Service of Process, or any other applicable state or federal constitution,statute, rule or case holding.Time is of the essence. Thank you.

Telephone: 352-854-7807Email: [email protected]. Rule 2.516, Florida Rules Judicial AdministrationEnclosure: Clerk s letter dated October 28, 2013, U.S. Supreme Court, service list


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Neil Gillespie

From: "Diana Esposito" To: "Neil Gillespie" Sent: Wednesday, November 13, 2013 4:48 PMSubject: Re: Your letter of November 12, 2013

Page 1 of 2

11/15/2013

Dear Mr. Gillespie,

If you don't have a public records request, I'm afraid we cannot assist you. I respectfully request that youtake the Office of the Attorney General, myself, Kenneth Wilson and Attorney General Bondi off yourmailing list concerning your case against Reverse Mortgage Solutions and your claims against Mr.Rodems or other attorneys because our office is not a party of record in those matters and it is anexpense you do not have to incur. In the future, if you have a public records request, you may direct thatto my attention and I will do my best to respond.

Respectfully,Diana R. EspositoChief-Assistant Attorney GeneralCivil Litigation Bureau

Office of the Attorney General501 E. Kennedy Blvd, Suite 1100Tampa, FL 33602Tel: 813-233-2600, x110Fax: 813-233-2886

"Neil Gillespie" ---11/13/2013 04:13:33 PM---Diana R. Esposito Chief-Assistant Attorney General

From: "Neil Gillespie" To: "Diana Esposito" , "AG Pam Bondi" , "Gov.Rick Scott" , "Special Rapporteur Gabriela Knaul" ,"Shuaib Chalklen Special Rapporteur Disability" , "InfoDesk UN Geneva" ,

"Hyacinthe Medenou" , "Gianni Magazzeni UN Geneva" , "EuniceAjambo" , "Revi Kumar" , "Css Intern1 Ohchr" , "John FHarkness" , "Paul F Hill" , "Kenneth Lawrence Marvin" ,"John Thomas Berry" , "Eugene Keith Pettis" , "Gregory William Coleman", "Mary Ellen Bateman" , Cc: "Kenneth Wilson" Date: 11/13/2013 04:13 PMSubject: Re: Your letter of November 12, 2013

Diana R. Esposito

Chief-Assistant Attorney GeneralCivil Litigation BureauOffice of the Attorney General501 E. Kennedy Blvd, Suite 1100Tampa, FL 33602Tel: 813-233-2600, x110Fax: 813-233-2886

Dear Ms. Esposito:

5


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Kindly provide what I requested in the attached letter. It was not a public records request.

1. The Attorney General's email address for service of court documents required by Rule 2.516, FloridaRules Judicial Administration

2. The name and office address of the person, however designated, for service of process to the AttorneyGeneral for the state of Florida pursuant to 28 U.S.C. 2403(b), constitutionality of any statute of that

State affecting the public interest is drawn in question.

3. The name and office address of the person, however designated, for service of process to the AttorneyGeneral for the state of Florida pursuant to Chapter 48, Florida Statutes, Process and Service of Process,or any other applicable state or federal constitution, statute, rule or case holding.

FYI - United Parcel Service is "a third-party commercial carrier for delivery within 3 calendar days"within the meaning of U.S. Supreme Court Rule 29. The U.S. Supreme Court has accepted UPS servicefrom me in Petition No. 12-7747 and Petition No. 13-7280.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, FL 34481Telephone: (352) 854-7807Email: [email protected] Original Message -----From:Diana EspositoTo:[email protected]:Kenneth WilsonSent:Wednesday, November 13, 2013 3:11 PMSubject:Your letter of November 12, 2013

Dear Mr. Gillespie, I just received your letter of November 12, 2013 requesting a response about"Service of Court Documents." That is a legal question which is not a request for a public document andsince there are many different situations in which service of process is deemed sufficient and when it isnot, you are asking a legal question which I cannot answer. (I will however tell you that a UPS deliveryand signature, in most instances, does not constitute "service of process.")

If you have any specific documents you would like me to obtain for you, please let me know, otherwiseI don't think I can be of any assistance to you.

Regards,

Diana R. EspositoChief-Assistant Attorney GeneralCivil Litigation BureauOffice of the Attorney General501 E. Kennedy Blvd, Suite 1100Tampa, FL 33602Tel: 813-233-2600, x110Fax: 813-233-2886[attachment "Letter to AG Bondi Nov-04-2013.pdf" deleted by Diana Esposito/OAG]

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