ORDER Found Indigent $300 Fee waived 5D15-0341, Petition for Writ of Prohibition to Remove Judge Hale Ralph Stancil
29
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NEIL J. GILLESPIE, ETC., Petitioner, v. CASE NO. 5D15-0341 REVERSE MORTGAGE SOLUTIONS, INC., Respondent. ________________________/ DATE: February 25, 2015 BY ORDER OF THE COURT: Upon consideration of the information presented in the Affidavit of Indigency filed in compliance with Section 57.082 or Section 57.085, Florida Statutes, and upon further consideration of the legislative guidelines provided by Section 27.52(2)(a)(2), Florida Statutes, regarding factors to be considered in determining indigency, it is ORDERED that Petitioner is determined to be indigent in accordance with law. Accordingly, the January 29, 2015 Order of this Court is withdrawn and the above- styled cause shall proceed without payment of the filing fee required by Section 35.22(3), Florida Statutes. I hereby certify that the foregoing is (a true copy of) the original Court order. cc: Neil J. Gillespie
Transcript
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFIFTH DISTRICT
NEIL J. GILLESPIE, ETC.,
Petitioner,
v. CASE NO. 5D15-0341
REVERSE MORTGAGE SOLUTIONS, INC.,
Respondent.________________________/
DATE: February 25, 2015
BY ORDER OF THE COURT:
Upon consideration of the information presented in the Affidavit of
Indigency filed in compliance with Section 57.082 or Section 57.085, Florida Statutes,
and upon further consideration of the legislative guidelines provided by Section
27.52(2)(a)(2), Florida Statutes, regarding factors to be considered in determining
indigency, it is
ORDERED that Petitioner is determined to be indigent in accordance with
law. Accordingly, the January 29, 2015 Order of this Court is withdrawn and the above-
styled cause shall proceed without payment of the filing fee required by Section
35.22(3), Florida Statutes.
I hereby certify that the foregoing is(a true copy of) the original Court order.
Your Miscellaneous Docket Entry on case 15-0341 has been accepted and is now on the docket. DCA Case No: 15-0341 Case Name : NEIL J. GILLESPIE, ETC. v REVERSE MORTGAGE SOLUTIONS, INC. LT Case No : 2013-CA-115
AMENDED Certificate of Service 5D15-0341 (petition)February 24, 2015
I certify that today February 24, 2015, the attached DECLARATION OF FINANCIALINDIGENCY 57.081 and 57.082 In Support of Affidavit of Indigency, and the Affidavit ofIndigency, was furnished to Clerk Pamela R. Masters by e-mail: [email protected], 5DCACaseMail, and to the names shown below by e-mail today February 24, 2015. This Certificate ofService is AMENDED to include David R. Ellspermann Marion County Clerk of Court &Comptroller, and Gregory C. Harrell General Counsel to the Clerk David R. Ellspermann.
The Honorable Hale Ralph Stancil The Honorable David R. EllspermannMarion County Judicial Center Marion County Clerk of Court & Comptroller110 N.W. 1st Avenue 110 N.W. 1st AvenueOcala, FL 34475 Ocala, FL 34475Email: [email protected] Email: [email protected]
Oak Run Homeowners Association, Inc. Development & Construction Corporation of America,c/o ORHA Board of Directors c/o Carol Olson, Vice President of Administration,7480 SW Highway 200 and Secretary-Treasurer, for RA Priya GhummanOCALA, FL 34476 10983 SW 89 AvenueEmail: [email protected] Ocala, FL 34481
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living TrustAgreement dated February 10, 19978092 SW 115th Loop Ocala, FL 34481Email: [email protected]: [email protected]
Neil J. Gillespie Mark Gillespie8092 SW 115th Loop 7504 Summer Meadows DriveOcala, FL 34481 Ft. Worth, TX 76123Email: [email protected] Email: [email protected]
RE
CE
IVE
D, 2
/24/
2015
2:3
9 A
M, P
amel
a R
. Mas
ters
, Fif
th D
istr
ict C
ourt
of
App
eal
AMENDED Certificate of Service 5D15-0341 (petition)February 24, 2015
2
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie7504 Summer Meadows DriveFt. Worth, TX 76123Email: [email protected]
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement datedFebruary 10, 19978092 SW 115th LoopOcala, FL 34481Email: [email protected]
Elizabeth Bauerle n/k/a Elizabeth Bidwood Unknown spouse of Elizabeth Bauerle7504 Summer Meadow Drive 6356 SW 106th PlaceFt. Worth, TX 76123 Ocala, FL 34476Email: [email protected] Email: [email protected]
RESPECTFULLY SUBMITTED February 24, 2015.
NEIL J. GILLESPIE, individually, and as former Trustee,F.S. Ch. 736 Part III of the Terminated Gillespie Family Trust8092 SW 115th LoopOcala, Florida 34481Phone: 352-854-7807Email: [email protected]
---
IN THE DISTRICT COURT OF APPEAL OF THE FIFTH DISTRICT OF FLORIDA
Neil J. Gillespie
Petitioner, PETITION FOR WRIT OF _P_ro_h_ib_it_io_n _
v. CASE NO. 5015-0341
Reverse Mortgage Solutions, Inc. ~e ~'d 1J(2:;~~
oF r/'u,4..G'l1'f iJJcI,~ Respondent(s) .
AFFIDAVIT OF INDIGENCY BY PETITIONER This affidavit is submitted in compliance with §57.081(1), Florida Statutes, Chappell v. Florida Department ofH.R.S., 391 So.2d 358 (Fla. 5th DCA 1980), and Nichols v. Florida Parole and Probation Comm., 393 So.2d 13 (Fla. 1st DCA 1980).
I, Neil J. Gillespie , being first duly sworn, depose and make under oath the following statement regarding my age, marital status, dependents and financial condition.
AGE: 58 DATE OF BIRTH: March 19, 1956
NUMBER OF DEPENDENTS (Do not include children not living at home, a working spouse or yourself): none
MARITAL STATUS:D Married D Separated D Divorced [Z]Single
INCOME
Affiant's Take Home Pay: Weekly $ 0.00 Bi-weekly $ 0.00 Monthly $ 0.00 Spouse's Take Home Pay: Weekly $ n/a Bi-weekly $ n/a Monthly $ _n_/a__ Other Income: Social Security benefits: $ 1,894 monthly Unemployment Compensation: $_n_/a _
Do you receive alimony, spousal support or child support?D Yes Amount $ ~ per _n_/a__or0 No Do you receive any other kind of income from any source'OYes Amount $~ per n/a or[l]No
ASSETS AND LIABILITIES
Cash: $ 1.80 Bank ~unts:$ n/a Savings Accounts:$_n_/a _ Do you own your home:[lJ YesU No Monthly Mortgage Payments: $ _n_/a__ Do you rent your home: n Yes[lJ No Monthly Rent Payments: $ _n_/a _ Value of Real Estate Own~(Homes, Lots, etc. NOT including homestead) $25,351 Do you own an automobile[{]YesDNo YearlMake: 1990 Dodge Grand Caravan minivan Monthly Payments for Automobile: $~Value of Automobile: $ 300.00 Amount Owed on Automobile $_0_.0_0__ Value of Personal Property Owned (Boats, Jewelry, Stocks, Household Furnishing, etc.) $ >4,000 Amount of Personal Debts (Money Owed): $ 140,100
Dated this _2_3__ day of February , 20~ Ocala Marion Co, Florida.
By: _ Address: 8092 SW 115th Loop Signature of Affiant
Ocala, Florida 34481
SWORN TO AND SUBSCRIBED TO BEFORE ME this __ day of , 20 _
My Commission Expires: _ Notary Public, State of Florida
Or
e that I have read the foregoing affidavit and that the facts stated in it are true.
DECLARATION OF FINANCIAL INDIGENCY 57.081 and 57.082In Support of Affidavit of Indigency
Petitioner/Appellant NEIL J. GILLESPIE respectfully submits a declaration under perjuryof financial indigency as required by section 57.081 and section 57.082, Florida Statutes (2014).
57.081 Costs; right to proceed where prepayment of costs and payment of filing fees waived;57.082 Determination of civil indigent status;
I. I, NEIL J. GILLESPIE, hereby declare and say that I am unable to pay court costs, fees,and obtain adequate counsel, and submit the following information for review:
AGE: 58DATE OF BIRTH: March 19, 1956MARITAL STATUS: Single.DEPENDENTS: None
II. Financial Condition
Social Security disability income: $1,894. (monthly)Amount of cash on hand: $1.801.My residential Florida homestead property is currently in foreclosure.My home is valued at $78,839 per the Marion County Property AppraiserThe disputed mortgage balance is approximately $ $115,000.My vehicle is a 1990 Dodge minivan, value $300. No payments owed.
1 Note: I do not have a checking/bank account because I cannot successfully manage onedue to disability. In lieu of a bank account, I have a Direct Express debit card provided throughSocial Security (Comerica Bank); I also use prepaid Walmart debit cards. These accounts cannotbe overdrawn, and do not have any statements or paperwork associated with them.
DECLARATION OF FINANCIAL INDIGENCY 57.081 and 57.082 February 23, 2015In Support of Affidavit of Indigency 5D15-0341 (petition)
2
III. Total donations received to Go-Fund-Me: $270 in 2014;No donations received in 2015. http://www.gofundme.com/stop-wrongful-foreclosure
IV. Value of Personal Property Owned. On information and belief, the value of my personalproperty is exempt from legal process under section 222.061(1), Florida Statutes.
• Interest in personal property, not to exceed $4,000. F.S. § 222.25(4); in thealternative, benefits of a homestead exemption under s. 4, Art. X, Fla. Const.
• Interest in a single motor vehicle, not to exceed $1,000 in value F.S. § 222.25(1)• Interest in professionally prescribed health aids for myself. F.S. § 222.25(2)• Interest in Social Security disability income benefits, F.S. § 222.18
V. Personal debts and creditorsBest Buy MasterCard, balance $380 (account closed)Walmaert credit card, balance $453 (account closed)Dicks credit card, balance $477 (account closed)Stapes credit card, balance $302 (account closed)Lowes credit card, balance $527 (account closed)Care Credit health credit card, balance $ 1,449, (account closed)Unpaid fees to Oak Run Associates, LTD: $19,519
Loans owed to Mark Gillespie (brother) $1,993 Total.$813 Marion County Property Taxes$212 Transcript of Hearing December 18, 2014$151 other transcript$165 other transcript$477 vehicle repair$47 utilities bill Jan-2015$47 utilities bill Dec-2014$81 electric bill Dec-2014
Personal debts (Part V): $25,100; Mortgage in dispute (Part II): $115,000Total amount of liabilities and debt: $140,100
DECLARATION OF FINANCIAL INDIGENCY 57.081 and 57.082 February 23, 2015In Support of Affidavit of Indigency 5D15-0341 (petition)
3
VII. Approximately $153,341.68 extraordinary medical expenses after majority. (wrongful life)
http://www.nosue.org/facematters-org/
Extraordinary expenses after majority, for and related to ongoing treatment of congenitaldisorder(s), sometimes called wrongful life expenses, for habilitation and/or rehabilitation.
Oral Health in America: A Report of the Surgeon General2 reports for example on page 4, “the$100,000 minimum individual lifetime costs of treating craniofacial birth defects such as cleft lipand palate”; and on page 228, “In California, the lifetime cost per case for cleft lip/palate repairis estimated at $101,000 (Waitzman et al. 1996).” These numbers are about 18 years old. Oninformation and belief, the amount in 2015 adjusted for inflation is about $153,341.68.
VIII. Costs and expenses related to civil rights violations, deprivation of rights under color oflaw, including failure to provided disability accommodation under the Americans WithDisabilities Act (ADA) as amended, and/or the Rehabilitation Act of 1973, as amended,including sections 504 and section 508, in my opinion are substantial.
Americans With Disabilities Act, 42 U.S.C. §§ 12101 et seq.; through Pub. L. 113-185The Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et. seq.
Additionally, related private civil rights violations, and deprivation of rights under color of lawby the government, conspiracy against rights, and obstruction of justice, pursuant too:
42 U.S. Code § 1981 - Equal rights under the law42 U.S. Code § 1983 - Civil action for deprivation of rights42 U.S. Code § 1985 - Conspiracy to interfere with civil rights42 U.S. Code § 1986 - Action for neglect to prevent42 U.S. Code § 1988 - Proceedings in vindication of civil rights
U.S. District Court Judge Myron H. Thompson, who battled polio and childhood paralysis. Hesays that discrimination over his disabilities was even more severe than for his race. “It’s not thegood things that happen to you that make you strong,” he says. “It’s when you confrontsomething that you initially perceive as a disadvantage, that’s what builds character.”
See U.S. Courts website,http://news.uscourts.gov/african-american-history-month-six-judges-journeys-recall-civil-rights-era
IX. $100,000 Non-Pecuniary Cost of Litigation. (as of 2009). I contend the and deprivationof rights under color of law by the government, conspiracy against rights, and obstruction ofjustice in this case is directly related to other cases of mine, see SCOTUS Petition No. 12-7747. 2 U.S. Department of Health and Human Services. Oral Health in America: A Report of theSurgeon General. Rockville, MD: U.S. Department of Health and Human Services, NationalInstitute of Dental and Craniofacial Research, National Institutes of Health, 2000. 332 page PDFhttp://silk.nih.gov/public/[email protected]
DECLARATION OF FINANCIAL INDIGENCY 57.081 and 57.082 February 23, 2015In Support of Affidavit of Indigency 5D15-0341 (petition)
4
A report prepared September 17, 2009, one of three by Florida attorney Jeff Childers3 reported inthe Economic Analysis Spreadsheet on the Non-Pecuniary Cost of Litigation. (attached)
Non-Pecuniary Cost of Litigation. Plaintiff is likely suffering from physical andemotional ill effects resulting from the litigation, as described in Legal Abuse Syndrome,the book provided to me by Plaintiff. It is always difficult to put a dollar figure on thenon-pecuniary costs of any case, and this case is no different. In attempting to evaluatethe physical and emotional costs of going forward with the litigation, I considered bothshort and long-term effects, and the opportunity cost caused not just by direct timeinvested in the case but also by loss of energy related to physical and emotional side-effects. My estimate was $100,000, but this figure is subjective and the Plaintiff maywish to adjust this figure upwards or downwards. There is 100% probability these costswill be incurred regardless of the outcome of the litigation.
X. $2,442.02 extraordinary expenses in Petition for Rehearing Order Denying Petition No.13-7280, U.S. Supreme Court, Motion for leave to proceed in forma pauperis - Attached sheet.
Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al.Petition for Rehearing Order Denying Petition No. 13-7280, U.S. Supreme CourtU.S. Eleventh Circuit No. 13-11585-BDistrict Court Docket No: 5:13-cv-00058-oc-WTH-PRL
“This petition and rehearing is extraordinarily expensive because of fraud or impairmentof Petition No. 12-7747 by the Florida Attorney General et al who conspired with theThirteenth Judicial Circuit to falsely show that I did not serve my petition as show on theRule 29 proof of service. This required shipping to a broader audience in an effort todeter the AG and coconspirators from further obstruction of justice. The increased cotsshown below amount to $2,442.02, and include $100 for process serving to the AG whorefused to provide basic service of process information, some of which I later found onthe AG’s website.”
Barry Schoenfeld process server $50Return of Service December 11, 2013Florida Attorney General
3 Mr. Childers was paid in advance to draft the complaint in what became Gillespie v ThirteenthJudicial Circuit Florida et al, U.S. District Court 5:10-cv-503 M.D. Fla., but instead he producedthree reports after speaking unsuccessfully with Mr. Rodems about a settlement.
DECLARATION OF FINANCIAL INDIGENCY 57.081 and 57.082 February 23, 2015In Support of Affidavit of Indigency 5D15-0341 (petition)
5
Nolan Process Servers, LLC $50Affidavit of Service December 19, 2013Florida Attorney General
Feb-03-2014, UPS shipping $128.40Feb-03-2014, Quickship copier supplies $69.34Feb-03-2014, Quickship copier supplies $139.76Feb-03-2014, Walmart ink and paper $113.30Feb-03-2014 Subtotal total: $450.80
Total: $2,442.02
The extraordinary expenses required me to borrow money and depend on others to assist me. Forexample, my brother Mark Gillespie paid $810.74 real estate tax on my home being foreclosed.
I also commenced a so-far unsuccessful Go-Fund-Me crowd funding drive that did not get anydonations as of this IFP motion. http://www.gofundme.com/STOP-wrongful-Foreclosure
XI. My inability to manage funds resulted in two bankruptcies, and homelessness fromapproximately September 2002 through February 2005.
Chapter 7 bankruptcy, discharged January 7, 1993, case 92-20222, U.S. BankruptcyCourt, Eastern District of Pennsylvania.
Chapter 7 bankruptcy, discharged March 5, 2003, case 02-14021-8B7, U.S. BankruptcyCourt, Middle District of Florida.
Prior to being a victim of a serious robbery assault and head injury, I owned and successfullyoperated a car business in Pennsylvania doing $2 million in sales annually.
XII. I have been determined indigent and/or insolvent or fees waived in the following cases:
1. Marion County Florida, February 20, 2015, Appeal 5D15-0340/L.T. 2013-CA-000115 See attached the Marion County Application for Determination of Civil Indigent Status
“found indigent” February 20, 2015 by the Marion County Clerk. 2. Marion County Florida, February 18, 2015, Petition 5D15-0341/L.T. 2013-CA-000115 See attached the Marion County Application for Determination of Civil Indigent Status
“found indigent” February 18, 2015 by the Marion County Clerk. 3. US Supreme Court, February 7, 2014, Petition for rehearing Petition No. 13-72804. US Supreme Court, October 23, 2013, Petition No. 13-7280 for writ of certiorari5. US Supreme Court, March 18, 2013, Petition for rehearing Petition No. 12-77476. US Supreme Court, December 10, 2012, Petition No. 12-7747 for writ of certiorari7. Florida Supreme Court, November 26, 2014, Case No. SC14-16378. Florida Supreme Court, August 22, 2011, Case No. SC11-1622
DECLARATION OF FINANCIAL INDIGENCY 57.081 and 57.082 February 23, 2015 In Support of Affidavit of Indigency 5D15-0341 (petition)
9. Florida Supreme Court, May 4, 2011, Case No. SCII-858 10. Florida Second District Court of Appeal, November 22, 2010, Case No. 2010-5197 11. Florida Second District Court of Appeal, November 19,2010, Case No. 2010-5529 12. Florida Second District Court of Appeal, May 2, 2011, Case No. 2011-2127 13. Hillsborough Co. Circuit Court, May 27, 2011, Case No. 05-CA-7205 (F.S. § 27.52) I may have been found indigent in the matter currently on appeal from Judge Arnold in Hillsborough County, but have not been notified. However the online case docket shows, 11/06/2014 CIVIL AFFIDAVIT APPL INDIGENT STATUS - INDIGENT Per motion for leave to proceed in Forma Paupeis (sic), Affidavit of indigency by Appellant.
XIII. The foregoing is submitted in compliance with the Court's Order of January 29, 2015 in 5015-0341 (petition) attached, stating in part,
ORDERED, that the Petitioner herein, having commenced the above styled cause by the filing of a Petition for Writ of Prohibition in this Court on January 29, 2015, without the deposit of the statutory filing fee, shall, within twenty (20) days from the date of this Order, cause to be paid to the Clerk of this Court the sum of THREE HUNDRED DOLLARS ($300.00) as the Appellate Court filing fee required according to Florida Rule of Appellate Procedure 9.100(b), and Section 35.22(3), Florida Statutes.
Section 35.22(3), Florida Statutes states: (3) The opinions of the district court of appeal may not be recorded, but the original as filed shall be preserved with the record in each case.
Florida Rule of Appellate Procedure 9. 1OO(b) states: (b) Commencement; Parties. The original jurisdiction of the court shall be invoked by filing a petition, accompanied by any filing fees prescribed by law, with the clerk of the court having jurisdiction.
Under penalties of perjury, I declare that I have read the preceding DECLARATION OF FINANCIAL INDIGENCY 57.081 and 57.082 In Support ofApplication for Determination of Civil Indigent Status, and that the facts stated in it are true to the best of my personal knowledge and belief. [92.525(2) Fla. Stat.]
On information and belief, the Court's Order in 5015-0341 (petition) issued January 29, 2015 regarding the statutory filing fee, served by email, is subject to Fla. R. Jud. Admin. Rule 2.514 Computing and Extending Time, (b) Additional Time after Service by Mail or E-mail. When a party mayor must act within a specified time after service and service is made by mail or e-mail, 5 days are added after the period that would otherwise expire under subdivision (a).
6
Certificate of Service 5D15-0341 (petition)February 23, 2015
I certify that today February 23, 2015, the foregoing DECLARATION OF FINANCIALINDIGENCY 57.081 and 57.082 In Support of Affidavit of Indigency, was furnished to Clerk ofCourt Pamela R. Masters by e-mail: [email protected], 5DCA CaseMail, and to the namesshown below by e-mail today February 23, 2015.
The Honorable Hale Ralph StancilMarion County Judicial Center110 N.W. 1st AvenueOcala, FL 34475Email: [email protected]
Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSAMcCalla Raymer, LLC 400 N. Tampa Street, Suite 3200225 E. Robinson Street, Ste. 660 Tampa, FL 33602Orlando, FL 32801 Email: [email protected]: [email protected][email protected]
Oak Run Homeowners Association, Inc. Development & Construction Corporation of America,c/o ORHA Board of Directors c/o Carol Olson, Vice President of Administration,7480 SW Highway 200 and Secretary-Treasurer, for RA Priya GhummanOCALA, FL 34476 10983 SW 89 AvenueEmail: [email protected] Ocala, FL 34481
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living TrustAgreement dated February 10, 19978092 SW 115th Loop Ocala, FL 34481Email: [email protected]: [email protected]
Neil J. Gillespie Mark Gillespie8092 SW 115th Loop 7504 Summer Meadows DriveOcala, FL 34481 Ft. Worth, TX 76123Email: [email protected] Email: [email protected]
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie7504 Summer Meadows DriveFt. Worth, TX 76123Email: [email protected]
Certificate of Service 5D15-0341 (petition)February 23, 2015
2
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement datedFebruary 10, 19978092 SW 115th LoopOcala, FL 34481Email: [email protected]
Elizabeth Bauerle n/k/a Elizabeth Bidwood Unknown spouse of Elizabeth Bauerle7504 Summer Meadow Drive 6356 SW 106th PlaceFt. Worth, TX 76123 Ocala, FL 34476Email: [email protected] Email: [email protected]
RESPECTFULLY SUBMITTED February 23, 2015.
NEIL J. GILLESPIE, individually, and as former Trustee,F.S. Ch. 736 Part III of the Terminated Gillespie Family Trust8092 SW 115th LoopOcala, Florida 34481Phone: 352-854-7807Email: [email protected]
, :,;, ;~)..
%~~?
Oral Health in America: A Report of the
Surgeon General
Department of Health and Human Services u.s. PUBLIC HEALTH S RVICE
National Institute of Dental and Craniofacial Research
Suggested Citation
U.S. Department of Health and Human Services. Oral Health in America: A Rt1Jort of the Surgeon GeneraL Rockville, MD: U.S. Department of Health and Human Services, National Institute of Dental and Craniofacial Research, National Institutes of Health, 2000.
ii
Message from Donna E. Shalala Secretary of Health and Human Services
The inlent of this first-ever Surgeon General's Report on Oral Health is to alert Americans to the full meaning of oral h.ealth and its importance to general health and \vell-being. Great progress has been made in reducing the extent and severity of comlllon oral diseases. Successful prevention lneasures adopted by communities, individuals, and oral health professionals have resulted in lnarked ilnprovenlents in t.he nation's oral and dental health.
The terms oral health and general health should not be interpreted as separate entities. Oral health is integral t.o general health; this report provides important reminders that oral health means more than healthy teeth and that you cannot be healthy without oral health. Further, the report out.lines existing safe and effective disease prevention measures that everyone can adopt to improve oral health and prevent disease.
However, not everyone is experiencing the same degree of improvenlent. This Surgeon General's report addresses the inequities and disparities that affect those least able to muster the resources to achieve optimal oral health. For whatever the reason, ignoring oral health problems can lead to needless pain and suffering, causing devastating complications to an individual's wellbeing, witll fillancial and social costs that Significantly diminish quality of life and burden American society.
For a tllird decade, the nation has developed a plan for the prevention of disease alld tIle promotion of health, incltlding oral health, embodied in the U.S. Departlnent of Health and Human Services document, Healthy People 2010. This Surgeon General's Report on Oral Health emphasizes the importance of achieving tIle Healthy People goals to increase quality of life and elilninate dispalities. As a nation, we hope to address the detemlinants of health-individual and environmental factors-in order to improve access to quality care, and to support policies and prograllls that lllake a difference for our health. We hope to prevent oral diseases and disorders, cancer, birth defects, Lt\IDS and other devastating infections, lllental illness and suicide, and tIle chronic diseases of aging.
We trust that this Surgeon Gelleral's report will ellsure that health promotioll and disease prevention prograll1s are ellhanced for all Anlericans. This report proposes solutions that entail partnerships-governlnent agencies alld offIcials, private industry, foundations, conSUll1er groups, health professiollals, educators, and researchers-to coordinate and facilitate actions based on a National Oral Healtll Plall. Together, we can effect the changes we need to maintain and improve oral health for all Americalls.
ORAL HFALTH IN AMERICA: A REPORT OF THE SURGEON GENERAL
r~xeclltive S·Ulnnlary
procedures and other lifestyle behaviors, cOlnmunity programs such as community water fluoridation and tobacco cessation progralns, and provider-based interventions such as the placement of dental sealants and examinations for COlnmon oral and pharyngeal cancers. It is hoped that this Surgeon Generals report will facilitate the maturing of the broad field of craniofacial research so that gains in the prevention of craniofacial diseases and disorders can be realized that are as impressive as those achieved for conlmon dental diseases.
At the sanle time, more needs to be done to ensure that 11lessages of health pronlotion and disease prevention are brought hOlne to all Americans. In this regard, a fourth theme of the report is that general health risk factors, such as tobacco use and poor dietary practices, also affect oral and craniofacial health. The evidence for an associat.ion between tobacco use and oral diseases has been clearly delineated in ahnost every Surgeon General's report on tobacco since 1964, and the oral effects of nutrition and diet are presented in the Surgeon General's report on nutrition (1988). All the health professions can play a role in reducing the burden of disease in America by calling attention t.o these and other risk factors and suggesting appropriate actions.
Clearl~ promoting health and preventing diseases are concepts the American people have taken to heart. For the third. decade the nation has developed a plan for the prevention of disease and the promotion of health, elnbodied in t.he U.S. Department of Health and Human Services (2000) document, Healthy People 2010. As a nation, we hope to eliminate disparities in health and prevent oral diseases, cancer, birth defects, AIDS and other devastating infections, mental illness and suicide, and the chronic diseases of aging. To live well into old age free of pain and infirmity, and with a high quality of life, is the American dream.
Scientists today take that dream seriously in researching the intricacies of the craniofacial COlnplex. They are using an ever-growing array of sophisticated analytic tools and imaging systems to study norlnal function and diagnose disease. They are COlnpleting the lnapping and sequencing of human, animal, nlicrobial, and plant genomes, the better to understand the complexities of hunlan developnlent, aging, and pathological processes. They are growing cell lines, synthesizing 1110lecules, and using a new generation of biulnaterials to revolutionize tissue repair and regeneration. More than ever before, they are working in multidisciplinary teams to bring ne\\' knowledge and expertise to the goal of understanding complex human diseases and disorders.
THE CHALLENGE This Surgeon Generals report has nluch to say about the inequities and disparities that affect those least able to muster the resources to achieve optilnal oral health. The barriers to oral health include lack of access to care, whether because of limited income or lack of insurance, transportation, or the flexibility to take time off from work to attend to personal or fall1ily needs for care. Individuals \vith disabilities and those \vith complex health problenls nlay face additional barriers to care. Somethnes, too, the public, policymakers, and providers may consider oral health and the need for care to be less important than other health needs, pointing to the need to raise awareness and improve health literacy
Even more costly to the individual and to socicty are the expenses associated with oral health problems that go beyond dental diseases. The nation's yearly dental bill is expected to exceed 560 billion in 2000 (Health Care Financing Administration 2000). However, add to that expense the tens of billions of dollars in direct medical care and indirect costs of chronic craniofacial pain conditions such as ten1porolnandibular disorders, trigeminal neuralgi.a, shingles, or burning mouth syndrome~ the $100,000 nlinimum individual lifetime costs of treating craniofacial birth defects such as cleft lip and palate; the costs of oral and phal)7ngeal cancers~ the costs of autoimmune diseases; and the costs associated \vith the unintentional and intentional injuries that so often affect the head and face. Then add the social and psychological consequences and costs. Damage to the craniofacial complex, whether from disease, disorder, or injury, strikes at our very identity. We see ourselves, and others see us, in terlns of the face \ve present to the world. Diminish that in1age in any \vay and we risk the loss of self-esteenl and well-being.
Many unanswered questions renlain for scientists, practitioners, educators, policymakers, and the public. This report highlights the research challenges as well as pointing to emerging technologies that may facilitate finding solutions. Along with the quest for answers COlnes the challenge of applying what is already known in a society \'vhere there are sociaL political, economic, behavioral, and environlnental barriers to health and well-being.
THE CHARGE The realization that oral health can have a significant impact on the overall health and well-being of the nation's population led the Office of the Surgeon General, with the approval of the Secretary of Health and Human Services, to comlnission this repoft.
ORAL HFALTH IN AMERICA: A REPORT OF THE SURGEON GENERAL 4
Provision of ()ral .Health (~are
health care expenditures. During the 1970s, dental expenditures grew at approximately the same rate as personal health care expenditures, with both exceeding the gro\\'~th of the economy overall. But starting in 1978, dental expenditures began to flatten and, until 1994, increased more slowly than expenditures for personal health care. Since 1994, dental expenditures have increased at a higher rate than personal health care expenditures (Levit et al. 1998).
Real per capita dental care expenditures (1995 dollars) are currently at about the level they were in the early 1980s, and in some years have declined (Figure 9.3) (ADA 1997b, Beazoglou et al. 1993, Beazoglou 1998). '[he American Dental Association estinlated that $174.12 was spent per capita in 1995 for dental services (ADA 1997b); HCFA estinlated the same year's per capita consumer expenditures for dental services at $164 (U.S. Bureau of the Census 1998).
The annual percentage change in fees for lnedical, physician, and dental services as lneasured by the Consulner Price Index (CPI) has generally exceeded that for the index as a \vhole (U.S. Bureau of Labor Statistics 1999) (Table 9.4 and Figure 9.4). Percentage changes in the dental CPI have generally
followed those for other medical services; since 1983, however, prices for dental services have increased at a rate faster than those for physician and all nledical services. These trends signal different market forces for dental care services as compared to other healLh services.
In addition to dental care expenditures for services provided by dentists in practice settings, the full cost of oral health care in the United States must take into consideration the breadth of oral, dental, and craniofacial conditions for which services are provided in hospital and other institutional settings, often by nondentists. For exalnple, the Healthcare Cost and Utilization Project (2000) estimated inpatient hospital charges for diseases of the mouth and disorders of the teeth and jaw to be $451 million in 1996. Estinlates for the management of severe early childhood caries range froln $1,500 to $2,000, depending on whether hospitalization is necessary (Griffin et at. 2000, Kanellis et al. 2000). In Iowa the average cost of treating this condition in a hospital operating room was estitnated to be $2,578 (Damiano et at. 1996). In California, the lifetime cost per case for cleft lip/palate repair is estimated at $101,000 (Waitzman et al. 1996).
'rl\B l E 9 . .3 U.S. national health expenditures by source of funds and type of expenditure, 1998 ($ billions)
Private Government
Consumer
All Private Out of Private State and Total Funds Total Pocket Insurance Other Total Federal Local
National health expenditures 1,149.1 626.4 574.6 199.5 375.0 51.8 522.7 376.9 145.8 Health services and supplies 1,113.7 613.4 574.6 199.5 375.0 38.8 500.4 360.4 140.0 Personal health care 1,019.3 574.5 536.5 199.5 337.0 37.9 444.9 343.6 101.3 Hospital care 382.8 149.9 130.9 12.8 118.0 19.1 232.9 187.4 45.5 Physician services 229.5 156.2 151.7 35.7 116.0 4.5 73.3 60.8 12.4 DentaIservices 53.8 51.5 51.3 25.8 25.5 0.2 2.3 1.3 1.0 Other professional services 66.6 52.4 47.4 27.2 20.2 5.0 14.2 11.2 3.0 Home health care 29.3 13.7 10.0 6.0 4.0 3.7 15.5 13.1 2.4 Drugs and other medical nondurables 121.9 103.1 103.1 55.4 47.8 18.8 10.7 8.1 Vision products and other medical durables 15.5 9.0 9.0 8.2 0.8 6.5 6.4 0.1 Nursing home care 87.8 34.8 33.2 28.5 4.7 1.6 53.0 35.4 17.7 Other personal health care 32.1 3.8 3.8 28.3 17.1 11.2
Program administration and net cost of private health insurance 57.7 38.9 38.0 38.0 0.9 18.8 12.6 6.2
Government public health activities 36.6 36.6 4.2 32.4 Research and construction 35.3 13.0 13.0 22.3 16.5 5.8
Research 19.9 1.6 1.6 18.3 15.5 2.8 Construction 15.5 11.5 11.5 4.0 1.0 3.0
Note: Research and development expenditures of drug companies and other manufacturers and providers of medical equipment and supplies are exduded from research expenditures, but are included in the expenditure class in which the product falls. Numbers may not add to totals because of rounding. Source: HCFA 2000b.
ORAL HFAlTH IN AMERICA: A REPORT OF THE SURGEON GENERAL 228
TEL 866.996.6104 Attorney at Law Jeff Childers
FAX 407.209.3870 URL www.smartbizlaw.com
Sixth Street Executive Center 1330 NW 6th Street, Suite C Gainesville, FL 32601
In this letter, I will explain my thoughts and assumptions relative to the economic
analysis of your case, as represented by the spreadsheet which you should have received
contemporaneously with this letter.
The spreadsheet concludes that the case’s return on investment is negative.
There are four columns. The “Item” column represents either a potential recovery,
which increases the net value of the case, or a projected cost, which decreases the net value of the
case. Costs can be either “hard” costs such as attorneys fees and court costs, or “soft” costs such
as the cost of litigation-related illnesses and emotional harms. The “Amount” column represents
the best estimate of the actual recovery or cost for the category. The “Prob%” column represents
the probability of achieving the recovery or incurring the cost. The “Eco Value” column
represents the economic value of the item, i.e. the projected amount times the probability the
amount will actually be recovered or incurred.
Next I will discuss each individual item.
Actual Damages.1 I calculated actual damages as follows. The award of $56,000 was
reduced by 45%, the amount a jury would likely allow the Defendants for their contingent fee.
This figure is based on the unexecuted contract attached to the Complaint. Furthermore, the
Bar allows that attorneys may pay actual costs before application of the contingent fee. Accepting
the costs as recited in the Complaint, the award is reduced by $6,125.46. Next, the amount is
1 The Complaint calculates actual damages a little differently. I went with my figures because they are more
favorable (and I believe, correct).
Page 2 of 5
divided by three to obtain the amount that should have been paid to the Plaintiff, and further
reduced by the $2,000 that was already paid to Plaintiff. I.e.:
Actual Award $56,000 $56,000
-Costs -$6,125.46 $49,874
- 45% Contingent Fee -$22,443 $27,431
- 2/3 due to the 2 other clients -$18,286 $9,143
- $2,000 already paid -$2,000 $7,143
==============
Total Actual Damages $7,143.002
Thus, as you can see, the maximum recoverable actual damages in this case are likely to
be $7,143. Next, the spreadsheet adjusts the maximum actual damage figure by the probability
of prevailing, which I calculated as 51%, or just more likely than not. Of course, these estimates
are largely subjective. I would have calculated the chance of prevailing on the merits as 75% at
the outset of the case, but given the case’s history and the events which have transpired since
inception, I am forced to reduce the probability of succeeding on the merits to 51%. Thus, the
economic value of the actual damages in this case is $3,643.00.
Punitive Damages. As you know, punitive damages are more difficult to obtain. There
are both legal and factual barriers to pleading and proving punitive damages.3 The Defendants
may convince the court that punitive damages were not plead properly or are not available in
this case, in which event the jury is not permitted to consider punitive damages. Also, punitive
damages are granted up to three times actual damages, and there is no guarantee that a jury
would award the full treble damage amount. Still, I used treble damages, which is a maximum
recoverable amount of $21,431. Furthermore, any punitive damages award can be overruled by
the judge, and appealed separately. Therefore, the probability of succeeding with punitive
damages is accounted for as half of the probability of succeeding with actual damages, or 25%.
Therefore, the economic value of the punitive damages at this point in the case is only $5,357.00.
2 As you can see, I did an independent calculation of damages, which amount was very close to your own figures.
3 In fact, on January 13, 2006, the court ordered the demands for punitive damages to be stricken from the
Complaint, so, actually, no current demand for punitive damages exists (presumably it might be re-plead in an
amended complaint). Also, to the extent that the suit succeeds on a breach of contract and not tort claim, punitive
damages are excluded. Farnsworth, Contracts, § 12.3, at 157 (3d ed. 1999) ("Punitive damages should not be
awarded for breach of contract because they will encourage performance when breach would be socially more
desirable.").
Page 3 of 5
Award of Attorney’s Fees. Under the American Rule, each party must pay its own
attorneys fees and costs. Unless an exception is granted by agreement between the parties or by
statute, there is no provision for the prevailing party to recover its fees and costs. The un-
executed representation contract attached to the Complaint contains no provision for attorneys
fees. I am aware of no other such agreement or statute that would apply in this case, beyond a
bare equitable appeal to the court. The spreadsheet therefore allows for no recovery from the
Defendants of fees and costs.
Subtotal, Forecast Recovery. Thus, the maximum recovery at 100%, i.e. full certainty of
succeeding in the litigation as to both actual and punitive damages, is $28,574. However,
adjusted for the probability of succeeding on the merits at this point in the case, the maximum
economic recovery is only $9,001.
Bauer’s Outstanding Fees. Mr. Bauer has a claim to his fees of $12,517.41, at least as of
the most current invoice that I was provided. On the one hand, he may have difficulty proving
his entitlement to the fees, due to some evidence that an attempt was made to renegotiate the
contract to a contingency basis. However, since that evidence is not conclusive and represents a
triable issue of fact, the probability of incurring additional costs to litigate the fees issues offsets
the reduction in probability that Mr. Bauer can recover them. Furthermore, generally speaking,
most ethical attorneys would require the Plaintiff to resolve the fees issue with predecessor
counsel before agreeing to take the case (as I would). Thus, there will be pressure to pay the fees
or come to an amicable settlement. Accepting Bauer’s figures, the economic cost of the
outstanding fees to Mr. Bauer at this point in the case is $12,517.41.
New Attorney’s Fees. A new attorney would be required to litigate the case through
trial. Given the extensive history of the case, some non-trivial cost would be incurred in
reviewing and understanding the almost four-year history of this litigation (8 hrs). Then,
amendment of the complaint (4 hrs), response to various outstanding motions and issues
including the garnishment and counter-claims (26 hrs), preparation for trial on the substantive
issues and defenses (30 hrs), and the trial itself (30 hrs) will require substantial attorney time. At
an estimated $250 per hour, for 98 estimated attorney hours (loosely including paralegal time,
costs etc as part of the hours estimate), the fee for completing the case would be $24,500. Note
that any new attorney would have to consider the highly aggressive and acrimonious nature of
this particular litigation. This cost to complete the case is certain to be incurred, accounted
therefore at 100% probability. The economic value of this cost is $24,500.4
4 It is unlikely a new attorney will offer a discounted, flat-rate, or contingency fee to take this case. The Defendants
have shown there is NO likelihood of a positive-cash settlement. Thus, there is no possible reward offsetting the
risks posed by this case. The only conceivable basis for a new attorney to proceed would be on a strict time and
materials basis with a substantial up-front retainer.
Page 4 of 5
Cost to Litigate Appeal. Based on their litigious behavior to date, the Defendants in this
case are almost certain to appeal any favorable ruling. Thus the spreadsheet reflects a
probability of 99% that any favorable verdict would be appealed. An average state-court appeal
is typically valued at $25,000, making the economic cost of this item $24,750.
Unpaid Judgment to Rodeems. Defendants are entitled to collect on their judgment for
sanctions in the amount of $11,550. As I understand the present status, some $400-$600 were
garnished by the bank and are awaiting an order of the court for release. If Plaintiff prevails at
trial, it is likely any award will be setoff by this amount if it is not already paid. Thus, 100%
probability the entire cost will be incurred, economic value $11,550.
Subtotal, Projected Costs. The total projected costs, which will likely be incurred
whether or not Plaintiff prevails, are $73,317.41. This amount should be considered the direct costs
avoided by ceasing litigation at this point. I note that the smallest cost in this category, the Unpaid
Judgment, eliminates almost entirely the projected recovery.
Non-Pecuniary Cost of Litigation. Plaintiff is likely suffering from physical and
emotional ill effects resulting from the litigation, as described in Legal Abuse Syndrome, the
book provided to me by Plaintiff. It is always difficult to put a dollar figure on the non-
pecuniary costs of any case, and this case is no different. In attempting to evaluate the physical
and emotional costs of going forward with the litigation, I considered both short and long-term
effects, and the opportunity cost caused not just by direct time invested in the case but also by
loss of energy related to physical and emotional side-effects. My estimate was $100,000, but this
figure is subjective and the Plaintiff may wish to adjust this figure upwards or downwards.
There is 100% probability these costs will be incurred regardless of the outcome of the litigation.
Net Value of Case. The net value of the case is calculated on the spreadsheet by netting
all the projected costs of litigation from the projected economic recovery. In this case, the
spreadsheet calculates that the net value of the case is negative $164,316.
In summary, even if the figures are manipulated in the most favorable way, such as by
raising the probability of succeeding with actual and punitive damages to 100%, erasing Mr.
Bauer’s attorney’s fees, forecasting that no appeal would be filed, and waiving the emotional
and physical costs to Plaintiff, the case still would still be in the red by over $7,000
((7,143+21,431)-24,500-11,550). The assumptions that the costs would be limited in this way are,
obviously, unrealistically optimistic.
Page 5 of 5
The issue to my mind, therefore, is how to exit the case with the lowest possible cost.
Please see my letter regarding a recommended course of action for my suggestions in this
regard.
Respectfully,
Jeff Childers
SUPREME COURT OF THE UNITED STATESMotion for leave to proceed in forma pauperis - Attached sheet, items 8, 9 and 12
Petition for rehearing order denying Petition No. 13-7280
Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al.,U.S. Eleventh Circuit No. 13-11585-B
District Court Docket No: 5:13-cv-00058-oc-WTH-PRL
8. Estimate the average monthly expenses...other (specify) litigation expenses, page 5.
This petition and rehearing is extraordinarily expensive because of fraud or impairment ofPetition No. 12-7747 by the Florida Attorney General et al who conspired with the ThirteenthJudicial Circuit to falsely show that I did not serve my petition as show on the Rule 29 proof ofservice. This required shipping to a broader audience in an effort to deter the AG andcoconspirators from further obstruction of justice. The increased cots shown below amount to$2,442.02, and include $100 for process serving to the AG who refused to provide basic serviceof process information, some of which I later found on the AG’s website.
Barry Schoenfeld process server $50Return of Service December 11, 2013Florida Attorney General
Nolan Process Servers, LLC $50Affidavit of Service December 19, 2013Florida Attorney General
Feb-03-2014, UPS shipping $128.40Feb-03-2014, Quickship copier supplies $69.34Feb-03-2014, Quickship copier supplies $139.76Feb-03-2014, Walmart ink and paper $113.30Feb-03-2014 Subtotal total: $450.80
Total: $2,442.02
The extraordinary expenses required me to borrow money and depend on others to assist me. Forexample, my brother Mark Gillespie paid $810.74 real estate tax on my home being foreclosed.
I also commenced a so-far unsuccessful Go-Fund-Me crowd funding drive that did not get anydonations as of this IFP motion. http://www.gofundme.com/STOP-wrongful-Foreclosure
9. Do you expect any major changes to your monthly income or expenses or in your assets orliabilities during the next 12 months?
Answer: Yes, I expect to loose my home in wrongful foreclosure.
12. Other information to explain why I cannot pay the costs of this case.
Answer: I am indigent and live from one disability check to the next. I am fifty-seven(57) year-old, single, male, no children, disabled with physical and mental impairments. MonthlySocial Security disability income paid via a Direct Express debit card issued by Comerica Bank.
I was homeless from approximately September 2002 through February 2005. In February 2004 Ibought a used 1990 Dodge minivan for $600 where I lived until moving to Ocala a year later. InFebruary 2005 I moved to 8092 SW 115th Loop, Ocala, Florida 34481, Marion County, to carefor my elderly Mother, an unremarried widow with Alzheimer’s dementia who died in 2009.
I have foregone dental care of $2,088 (copy attached). I do not have a bank account because Icannot manage an account of a rapacious nature. I do not have a retirement account. My inabilityto manage funds resulted in two bankruptcies:
Chapter 7 bankruptcy, discharged January 7, 1993, case 92-20222, U.S.Bankruptcy Court, Eastern District of Pennsylvania.
Chapter 7 bankruptcy, discharged March 5, 2003, case 02-14021-8B7, U.S.Bankruptcy Court, Middle District of Florida.
Prior to being a victim of a serious robbery assault and head injury, I owned and successfullyoperated a car business in Pennsylvania doing $2 million in sales annually.
My home is valued at $74,730. The mortgage balance payoff is $ $114,889+. The home isunderwater with negative equity of - ($40,159); unpaid HOA fees are currently $13,604.
The home is owned by The Gillespie Family Living Trust. The trust has no assets other than thehome. A copy of the trust was filed September 20, 2011 with the District Court along with myAffidavit of Indigency, Case 5:11-cv-00539-WTH-TBS Document 3 Filed 09/20/11 Page1 of 37 PageID 76. The District Court did not make a determination of indigency.
Reverse Mortgage Solutions, Inc. (RMS) filed a “Verified Complaint to Foreclose Home EquityConversion Mortgage” Jan-09-13. RMS is a debt collector for Bank of America, N.A. who ownsthe mortgage. I removed the case to federal court in Ocala. U.S. Judge Wm. Terrell Hodgesfailed to recuse under 28 U.S.C. § 455(b)(4), see Interest List, Bank of America. Judge Hodgesalso failed to recuse upon receipt of my affidavit made pursuant to 28 U.S.C. § 144. (Doc. 22).
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFIFTH DISTRICT
NEIL J. GILLESPIE, ETC. ,Petitioner,
v. CASE NO. 5D15-0341
REVERSE MORTGAGE SOLUTIONS, INC.,
Respondent.________________________/
DATE: January 29, 2015
BY ORDER OF THE COURT:
ORDERED, that the Petitioner herein, having commenced the above-
styled cause by the filing of a Petition for Writ of Prohibition in this Court on January 29,
2015, without the deposit of the statutory filing fee, shall, within twenty (20) days from
the date of this Order, cause to be paid to the Clerk of this Court the sum of THREE
HUNDRED DOLLARS ($300.00) as the Appellate Court filing fee required according to
Florida Rule of Appellate Procedure 9.100(b), and Section 35.22(3), Florida Statutes.
Moreover, it is
ORDERED, that this cause will not progress until said fee is paid and failure to
comply with this Order may result in sua sponte dismissal of the above-styled cause.
This Order, however, does not toll the time requirement(s) applicable to the filing of any
documents required by the appellate rules.
I hereby certify that the foregoing is(a true copy of) the original Court order.
