Corrections to UPL response, Ghunise Coaxum, UPL Bar Counsel

8/13/2019 Corrections to UPL response, Ghunise Coaxum, UPL Bar Counsel

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John F. Harkness, Executive Director February 7, 2014Ghunise Coaxum, UPL Bar Counsel VIA Email Only

Lori Holcomb, UPL Counsel, UnlicensedPatricia M. Moring, Chair, Fifth Circuit UPL Committee

Dear Ms. Coaxum:

Unfortunately there are a number of errors in my reply to the vexatious UPL complaint of RyanChristopher Rodems. A corrected reply is attached, subject to ongoing corrections. I direct your attention to the most serious error, page 3,

Florida Circuit Judge Hale Ralph Stancil presided and [has] has not advised me of engaging inUPL for representing my interests in the Marion County case, which I removed to federal court.

Please find attached the following:

Attorney Jeff Childers Economic Analysis Spreadsheet-Sep-17-2009

Correspondence of David Snyder Esq. to Rodems-Sep-07-2006; and replyExhibit 1 Notice of Appearance, Tiffany Caparas, Esq. Kaufman, Englett & Lynd, PLLC

(KEL) for Mark Gillespie et al, 42-2013CA-000115-AXXX-XX, Marion CountyReverse Mortgage Solutions, Inc. v Neil J. Gillespie et al (RMS v. Neil Gillespie)

Exhibit 2 Defendants Motion to Quash Service of Process, KEL for Mark Gillespie et al.RMS v. Neil Gillespie, 42-2013CA-000115-AXXX-XX, Marion County

Exhibit 3 Notice of Defendants Consent to Judgment, KEL for Mark Gillespie et al, July 5, 2013RMS v. Neil Gillespie, 42-2013CA-000115-AXXX-XX, Marion County


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Unlicensed Practice of Law (UPL) Investigation February 7, 2014of Neil J. Gillespie, Case No. 20133090(5) Page - 2

When a litigants health is at risk, appointment of counsel is appropriate. In an opinion decided March 27, 2012 by Judge Richard Posner of the 7th U.S. Circuit Court of Appeals in a civilrights suit brought under 42 U.S.C. 1983, the Court suggested appointment of counsel becausewithholding nutritious food would violate the Eighth Amendment. (Prude v. Clarke, No. 11-2811; Appeal from the U.S. District Court for the Eastern District of Wisconsin. No. 2:10-cv-00167-JPSJ.P. Stadtmueller, Judge.).

Attorney Jeff Childers stated in the Non-Pecuniary Cost of Litigation section in his Economic

Analysis of this matter that Plaintiff is likely suffering from physical and emotional ill effectsresulting from the litigation, as described in Legal Abuse Syndrome,...In attempting to evaluatethe physical and emotional costs of going forward with the litigation, I considered both short and long-term effects, and the opportunity cost [and the] loss of energy related to physical and emotional side-effects. My estimate was $100,000....

I reiterate my earlier request: Are you selling a Florida Bar News article on Amazon.com? I donot have a response to that question from Mr. Hill. The article is Paralegals in a law office and the unlicensed practice of law. http://www.amazon.com/Paralegals-office-unlicensed-practice-Update/dp/B000826BE4/

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie8092 SW 115th Loop


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TEL 866.996.6104 Attorney at Law Jeff Childers FAX 407.209.3870URL www.smartbizlaw.com

[email protected]

Thursday, September 17, 2009

Neil Gillespie8092 SW 115th LoopOcala, Florida 34481

RE: Economic Analysis Spreadsheet

Dear Neil,

In this letter, I will explain my thoughts and assumptions relative to the economicanalysis of your case, as represented by the spreadsheet which you should have receivedcontemporaneously 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 thecase. Costs can be either hard costs such as attorneys fees and court costs, or soft costs suchas the cost of litigation- related illnesses and emotional harms. The Amount column representsthe best estimate of the actual recovery or cost for the category The Prob% column represents


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Page 3 of 5

Award of Attorneys Fees . Under the American Rule, each party must pay its ownattorneys fees and costs. Unless an exception is granted by agreement between the parties or bystatute, 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 attorneysfees. I am aware of no other such agreement or statute that would apply in this case, beyond abare equitable appeal to the court. The spreadsheet therefore allows for no recovery from theDefendants 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 maximumeconomic recovery is only $9,001.

Bauer s Outstanding Fees. Mr. Bauer has a claim to his fees of $12,517.41, at least as ofthe most current invoice that I was provided. On the one hand, he may have difficulty provinghis 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 atriable issue of fact, the probability of incurring additional costs to litigate the fees issues offsetsthe 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 predecessorcounsel before agreeing to take the case (as I would). Thus, there will be pressure to pay the feesor come to an amicable settlement. Accepting Bauers figures, the economic cost of theoutstanding fees to Mr. Bauer at this point in the case is $12,517.41.

New Attorneys Fees . A new attorney would be required to litigate the case throughtrial. Given the extensive history of the case, some non-trivial cost would be incurred inreviewing and understanding the almost four year history of this litigation (8 hrs) Then


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Page 4 of 5

Cost to Litigate Appeal. Based on their litigious behavior to date, the Defendants in thiscase 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 appealis 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 forsanctions in the amount of $11,550. As I understand the present status, some $400-$600 weregarnished by the bank and are awaiting an order of the court for release. If Plaintiff prevails attrial, 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 incurredwhether or not Plaintiff prevails, are $73,317.41. This amount should be considered the direct costsavoided 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 andemotional ill effects resulting from the litigation, as described in Legal Abuse Syndrome, thebook 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 physicaland emotional costs of going forward with the litigation, I considered both short and long-termeffects, and the opportunity cost caused not just by direct time invested in the case but also byloss of energy related to physical and emotional side-effects. My estimate was $100,000, but thisfigure 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


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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


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L Aw OFFICE O F

D AV I D M. SNYDERPROFESSIONAL ASSOCIATiON

ArrORNEY COUNSELOR AT LAw

SUITE FOUR

181 0 SOUTH MACDILL AVENUE ADMITIED IN FLORIDA AND N W YORKTAMPA, FLORIDA 33629-5960 CERTIFIED MEDIATOR

TELEPHONE (81 3)258-4501 U.S. DISTRICT COURT. M.D. FLA.FACSIMILE (813)258-4402 CIRCUIT AND COUNTY CJVIL

E-MAIL: [email protected] N.A.S.D. ARBITRATOR MEDIATOR

September 7,2006

Ryan C. RodemsBarker, Rodems Cook, P.A.300 W Platt St, Suite 150Tampa FL 33606

Re: Gillespie v. Barker, Rodems Cook, P.A., etc., Case No. 05-7205Circuit Court, Hillsborough County, Florida

Dear Mr. Rodems:

Neil Gillespie has engaged this firm to assist him with the above-styledaction.

Mr. Gillespie's claim has survived a motion to dismiss. Defendant'scounterclaim for defamation, while it may have stated a cause of action at the


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yan C RodemsSeptember 7 2006. Page 2

Please contact me a t your convenience if you have questions or

comments. Thank you for your prompt consideration of and response to thisoffer which expires a t 5 p.m. September 17 2006.

Very t ruly yours

L;iSnyder

MS

Encl

cc: Neil Gillespie


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BARKER RODEMS COOKPROFESSIONALASSOCIAnON

ATrORNEYSAT LAW

CHRtS A BARKER.

R.YAN CHR.ISTOPHER RODEMSWILLIAM J. COOK

400 North Ashley Drive, Suite 2100Tampa, Florida 33602

Telephone 813/489 1001Facsimile 813/489 1008

September 14, 2006

David M. Snyder, EsquireLaw Office of David M. Snyder1810 South MacDill Avenue, Suite 4Tampa, Florida 33629-5960

Re: Nell J. Gillespie v. Barker, Rodems Cook , P.A.,a Florida Corporation; and William J. Cook

Case No.: 05-CA-7205; Division F

Our File No. 2005.5422

Dear Mr. Snyder:

I have and thank you for your letter of September 7, 2006. Your offer is rejected.

We would agree, however, to a walk away. That is, each party dismisses all claims with prejudice,

each party to bear his or its own attorneys' fees and costs.Your letter is somewhat ambiguous on your role; if you intend to appear as counsel of record, I askthat you submit a Notice of Appearance.


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Oct. 5 2006 11: 58AM No 0200 P 1

BARKER RODEMS COOKPROPESSIONALASSOCIAnON

ATIOINEYS AT LAW

CHItII A. B l l i lIYAN CHllilTOPHl1t aODIMSWI1.LIAM ]. COOl;

4 North Alhley Drive Suite 2100Tampa. Florida 3 ~

Tch:plaullG 81 ) /419 .. 1001' lc,lmUa 813/489 . 1008

Ootober S 2006

VIA FACSIMILE ONLY 813-258-4402

David M. Snyder, EsquireLaw Office of David M. Snyder1810 South MacDill Avenue Suite 4Tampa Florida 33629-5960

Re: NeD J. GlUllpie v. Barker, RodelDl e Cook, P.A., Florida Corporation; IDd William I Cook

Cue No : 05-CA-7205; DivilioD F

Our FIle No. 2005.5422

Dear Mr. Snyder:

To clarifyt ouroffer to settle is 88 follows: (1) We will dismissour claims with prejudice,Gillespiedismisses his with prejudice, and neither sidewill pay the other any money; and (2)Gillespie agrees to sign a general releaseto be prepared by us; and, (3) Gillespie mustaareetoappear in court to announce the settlement and submit to questioniDafrom me regarding thevoluntlrineu ofbis settlement; and (4) Gillespie must aaree to hire and pay a court reporter totranscribe the settlement hearing.


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L A w OFFICE O FDAVID M. SNYDER

PROFESSIONAL ASSOCIATION

AlTORNEY & COUNSELOR AT LAw

SUIlEFOUR

1810 SOlTT MACDlu. AVENUE ADMITTED IN FLoRIDA AND NEW YORK

TAMPA. FLORIDA 33629-5960 CERTlF1ED MEDIATORTELEPHONE (81 3)25&450 1 U.S. DISTRICT COURT. M.D. FLA.FACSIMILE (81 3)25&4402 CIRCUIT AND COUNTY CIVIL

E-MAIL: DMSNYDERttoMSUW.COM N A S . D . ARBITRATOR a MEDIATOR

October 5 2006

Ryan C. RodemsBarker Rodems & Cook P A300 W Platt St Suite 150Tampa FL 33606

Re: Gillespie v. Barker Rodems & Cook P.A., etc. Case No. 05-7205Circuit Court Hillsborough County Florida

Dear Mr. Rodems:

I have your October 5 2006 letter. This firm no longer represents NeilGillespie. I have forwarded your letter to him and you may contact himdirectly.

Very truly yours

. Q .. -David M. Snyder C? ;

DMS


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IN THE CIRCUIT COURT OF THEFIFTH JUDICIAL CIRCUIT OFFLORIDA IN AND MARION COUNTYGENERAL JURISDICTION DIVISION

REVERSE MORTGAGE SOLUTIONS, INC., Case No.: 2013-CA-OOOl15Plaiutiff,

v.MARK GILLESPIE et al.,

Defendants.

NOTICE OF APPEARANCEAND DESIGNATION OF E-MAIL ADDRESS

COMES NOW, THE LAW FIRM OF KAUFMAN, ENGLETT LYND, PLLC

specifically, Attolney. Tiffany Caparas t Esq., and enters this Noticeof Appearance on behalf of

Defendants, MARK ~ I L ~ S P ~~ D JOEIT A G ~ L L S P IAKA UNKNOWN SPOUSE

OF MARK GILLESPIE and requests that copies of all future pleadings, papers and

communicationsbe directed to the email listed below.

Pursuant to Rule 2.516, the undersigned designates the following email addresses for the

purpose of electronic s ~ r v i c e of documents and pleadings in this case:

Kaufman, Englett & Lynd, PLLC111 N. Magnolia Avenue, Suite 1600

Orlando, FL 32801Primary Email: [email protected]

Secondal'yEmail: [email protected]


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Mailing List:

Mark J Gillespie7504 Summer Meadow DriveFt Worth X 76123Email: mark gillespie@att net

efendants

Marion County CourthouseClerk of the Circuit Court110 NW 1st AveOcala FL 34475


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L .

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OFFLORIDA IN AND MARION COUNTYGENERAL JURISDICTION DIVISION

REVERSE MORTGAGE SOLUTIONS, INC., Case No.: 2013-CA-OOOl15

Plaintiff,v.

MARK GILLESPIE et 81.,

Defendants.

DEFENDANTS' MOTION TO QUASH SERVICE OF PROCESS

Defendants, MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWN

SPOUSE OF GILLESPIE (hereinafter, the "Defendants"), by and thrOUgll the

undersignedcounsel, files this Motion to Quash Service of Process pursuant to Fla. Stat.

48.031(5) and states:

1. The face of the summons for the Defendants indicates that Plaintiff has attempted

to perfect service of process under Fla. Stat. 48.031.


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I

statutes 'governing seryice of process are to e strictly construed and enforced ) see also Re-

Employment Services, Ltd v National Acquisitions Co., 969 So. 2d 467 (Fla. 5th Dist. Ct. App.

2007) (holding that courts require strict construction of, and compliance with, the provisions of

statutes governing service of process ).

5. Plaintiff has failed to snictly comply with Fla. Stat, 48.031(5) therefore service

of process in this instance on the Defendantsmust be quashed.

6. .Pursuant to Fla. Stat. 48.031 (5), a person serving process shall place, on the copy

served, the date and time of service and his or her identification number and initials for all

s e r v i ~ e of l C ~ SFla. ~ t t 48.031(5) is properly satisfiedwhen the process server p l a ~ e s the

date and time of service and his or her identification number and initials on the copy of the

summons served. Nirk v. Bank meric N.A.t 94 So. 3d 658 (Fla. 4th Dist. Ct. App. 2012).

Failure to do so renders service improper. Vidal v Suntrust Bank 41 So. 3d 401 (Fla. 4th Dist.

Ct. App. 2010) see also Walker v Fifth Third Mortgage Company, 2012 WL 5457220, No.

5D12-3187 (Fla. 5th Dist. Ct. App. 2012).

7 The summons attached to this motion is in fact a true and correct cop of the


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service of r o s s ~ enter an order requiring Plaintiff to perfect service of process in compliance

with applicable Florida law within 120 days of the Court's Order, and any further relief this

Court deems appropriate.

DEMAND FOR ATTORNEYS' FEES

Defendants, M RK GILLESPIE and JOEIT A GILLESPIE AKA UNKNOWN

SPOUSE OF MARK GILLESPIE, have retained the undersigned firm and is indebted for a fee

for which said Defendants seek recovery from the Plaintiffpursuant to the instruments sued upon

and the reciprocal fee provisions of Fla. Stat. 57.105.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that have [xl electronically filed via the Florida Courts eFilingPortal and furnished a true and COITect opy of the foregoing to Danielle N. Parsons, Esq., ofMcCalla Raymer LLC, 225 E. Robinsop St. Orlando, FL 32801, DNP@mccallal'aymer.com; via[x] Email, [ ] U.S. Mail, [ ] Fax, [] Delivery, today February 1,2013.

KAUFMAN, ENGLETT & L YND, PLLC

\ ~ ~Tiffany Caparas, Esq.

Florida Bar No. 89863111 N. Magnolia Avenue, Suite 1600Orlando, FL 32801

l h ( )


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I

L _...

J.

-'

REVERSE MORTO'AGESOLUTIONS, INC .

Plaintit(

VS.

NEILl. GILLBSPIEANDMARK GILLESPIEAS CO-TRUSTEES OF THE GILLESPIEFAMILY LIVINO TRUSTAG REEMENTDATBD FBBRUARY 10, 1997, et aI.,

Defendants.._....__ ........ ~ _ _ J

IN THE CIRCUIT COURT OF THE FIFTH JUDICIALCIRCUITOF FLORIDA IN AND FOR MARIONCOUNTYGENRAL JURlSDICTIONDlVISIONCASEND. f 3 \ \ S c..:f \SECTJONNO.

COOJ.,ACTIQNSUMMONS

YOU ARE HEREBYCOMMANDBD to serve this summonsand a copy of the complainton defendant(s):

Mark Gillespie7504 Summer Meadows Drive

Ft. Worth. TX 76123

A lawsuit has been filed againstyou. You have 20 calendar days after this summons is served on you tofilo a written response to the attached complaintwith the eterk of this court. A phone call will not proteetyou;your written response, including the 'case number given above and 1he names of the parties, must be filed if youwant-the court to hear your side of the case. If you do not file your responseOn time, you may Jose the case, and

your wages, nloney and property may thereafterbe

taken without furtherwarning from the court. There areothor legal requirements. You may want to call an attorney rightaway. If you do not know an at10n:-ey, you maycal[ an anomey referral service or legal aid office (lisled in the phone book) I

If you choose to file a written rosponsey o u r s ~ at the samo time you nJe your written response to the t


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IIMPORTANTE

USlcd ha lido demandado Jcgalmente. Tiene20 dias contados a panlr del recibo de esla notificaclonpara contestar lad ~ a n d a a c U ~ r apor escrilo.y presontarlaanle cste tribunal. Una )lamadatolefonicano 10 prolcgera. Si us1eddesea que elh l b u n ~ 1 consJderesu dcrensa. debe presentarsu respuesta poresc:rito. incluyendoel numero de calo l los nombres de laspartes mtcresadla. Slusted no contesta )a demandaa tlcmpot pudlesc pcrderel casoy podria scrdcspojadode sus IngresosJ propiedades.0 privldode sus derechost sin previoaviso del tribuanl. Existen ottos requfsilos legales. Si 10 desea puedeused consultar a un abogado inmedlatemcnlc.Si no ,onoc:e8 un abogado.puede lIamara una de las oneinas do asistencfalegal que .parenccn on la gui. lelefonica. .

Si dese. respondera la demandapor su cuenta, al mismo liempoen que prcsentasu rcspuesI.ante el tribunaldcbcra ustedenviar por corrco 0 entrcgaruna copla de su respuestaa ra personademonlnadaabajo como .tpJaintitf/PlanliffAttorney"(Demandante0 Abogado del Dcmandanle).IMPORTANT

Des poursultcsjudiciaresont ete enreprises contreYOUSe Vous avez 20 jours ~ o n s e c u t j f s a partir de la date de l'8ssignationde tte


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em,

REVERSE MOllTGAGB SOLUTIONSJ INC.,

Plaintiff.

vs.

NEILJ. OlLLESPIEANDMARK GlLLESPIBAS CO TRUSTEES OF THB GILLESPIEFAMILY LIV1NG TRUST AGREEMENTDATED FEBRUARY 10, 1997, et ai.

Defendants.

IN "fHE CIRCUIT COURT OFTHE FIFTH JUDfCIA.LCIRCUITOF fLORIDA IN ANDFOR MARIONCOUNTYGENERAl.,JUltlSDICTIONDIVISIONCASE NO_ . . ~ - \ \ S C F t TSECTIONNQ.

_ __ l

CJVILACTION SUMMONSYOU ARE HEREBYCOMMANDEDto serve this summons and 8 copy of the complaint on defendant(s):

Unknown spouse of Mark Gillespie7504 Summer Meadows Drive

Ft. Worth, TX 76123

. . . Alawsuit has been filed againstyou. You have 20 calendar days after this summons is served on you tof i l e a w r i ~ e n response to the attached complaintwith the clerk of this court. Afhone call ,viU not protect you;your ~ i t t e n response, includingthe case number given abo\ c and the names 0 the parties.must'be filed if youwant the court to hear your side of the case. If you do not

IiIe your response on

ti'ne,you may lose the case. and

your wages. money and property may thereafter be taken \vithoutfurther warning from the court. There areother legal requirements. You may want to call an attomey right away. fyou do nor know an attorney, you maycall an attomey refelTal service or legal aid office (listed in the phone book)

I


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1MPO RTANTE

Usted ha sido dernandado legalmente. Tiene20 dias contados a partir del recibo de esta notificacion para contester 8demanda adjunta, por escrito, y presentarla ante este tribunal. Una Ilamada teJefonica no ]0 protegera. Si usted desea que eltribunal considere su defensa, debe presentnr su respuesta por escrho. incluyendo el numero de e8SO y los nombres de laspartes interesadas. Si usted no contesta 8 demanda a tiempo) pudjese perder el caso y podria ser despojado de sus ingresosy propiedades. 0 privado de sus derechos. sin previo aviso del tribuanl. Bxistenotros requisitos legales. Si]o desea puedeused consultar a un abogado inmediatemente. Sf no conoce a un abogado, puede Hamar a una de las oficinas de asistencialegal que aparencen en ]a guia terefoniea.

Si desea responder a Ja demanda por su cuenta J a] mismo tiempo en que presenla su respuesta ante el tribunal debera ustedenviar por correo 0 entregar una copia de su respuesla a la persona delnoninada abajo como tfPlainUID Plantiff AttorneyDemandante 0 Abogado del Demandante).

IMPORTANT

Des poursuites judiciares ont ere enreprises contre vous. Vous avez 20 jours consecutifs a partir de 8 date de )tassignationde cene cit.ation pour deposer une response ecrite a 8 plainte cijointe aupres de ce tribunal. Un simple coup de telephoneest insuffisant purvous prQteger. Vous ctes oblige de deposer votre r e s ~ n s e ecrite. avec mention du numero de dossier ci dessus et du nOln des parties nommees ici, si vouse souhaitez que Ie tribunal entende votre cause. Si vous ne deposez pasvotre response ccrite dans Ie dclai requis, vous risque% de perdre Ja cause ainsi que votre salaire votre argent.. et vos bienspeuvent etre saisis par la sUite. sans aucun preavis ulterieur du tribunal. II ya d'autres obligations juriduques et vous pouvezr e q u ~ r i r J ~ e r v i . ~ . b n m e d j ~ t e s . d t u n avocat. Si vous.ne connaiassez pas d'avocatc. vous pourriez telephoner a un ser.vice de

referenced'avocats ou a un bureau d'assistancejuridique (tigurant a Ilannuaire de telephones)

l-his notice is provided pursuant to Administrative Order No.2.031-9196"fhis notice is provided pursuant to Administrative Order No. 20 IO 49-Gen - 7/] 2/] 0

ENGLISH

If you are a person with a disability who needs any occomrnodation in order to participate in this proceeding. you areentitled. at no cost to you, to the provision of certain assistance. Persons with a disability who need any accommodation inorder to participate shouldcall Tamcka Gordon, ADA Coordinator. Marion CountyJudicial Center, 110 N.W First AvenueRoom S8S Ocals FL 34475 at 352)401-670 I within two (2) working days of your receipt of this notice; if you Dre hearingimpaired call (800) 9558771; if you are voice impaired. call (800) 955 8770.

SPANlSli


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

IN THE CIRCUIT COURT OF THEFIFTH JUDICIAL CIRCUIT OFFLORIDA IN AND MARION COUNTYGENERAL JURISDICTION DIVISION

REVERSE MORTGAGE SOLUTIONS, INC., Case No.: 2013-CA-000115

Plaintiff,v

MARK GILLESPIE et al.,

Defendants.

NOTICE OF DEFENDANTS' CONSENT TO ,JUDGMENT

Defendants, MARK GILLESPIE and JOEIT A 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 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.


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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have electronically filed via the Florida Courts eFilingPortal and furnished a true and correct copy of the foregoing to Angela M. Brenwald, Esquire, ofMcCalla Raymer LLC, 225 E. Robinson S1. Orlando, FL 32801,[email protected]; via [x] Email Delivery, today July 5, 2013.

KAUFMAN, ENGLETT LYND, PLLC

/s/ Anthony J. Solomon

Anthony J. Solomon, Esq.Florida Bar No. 93057111 N. Magnolia Avenue, Suite 1600Orlando, FL 32801Telephone No.: (407) 513-1900Primary Email: [email protected] Email: [email protected] for Defendants: MARK GILLESPIE andJO TI A GILLESPIE AKA UNKNOWN SPOUSE OFMARK GILLESPIE


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o


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BILL MCCOLLUMATTORNEY GENERAL

STATE OF FLORIDA

o ~ OF THE ATTORNEY GENERALOffice of Citizen ServicesThe Capitol

Tallahassee Florida 32399-1050

Telephone (850) 414-3990 , SunCom 994-3990Fax (850) 410-1630, SunCom 210-1630

December 7, 2007

Mr. Neil 1 Gillespie

8092 Southwest 115th LoopOcala, Florida 34481

Dear Mr. Gillespie:

Thank you for contacting Attorney General Bill McCollum regarding Barker, Rodems Cook, P.A.and the allegation of perjury by Mr. Ryan Christopher Rodems.

The Attorney General 's Office does not have jurisdiction in this matter. By contacting The Florida Baryou have contacted the appropriate agency to review your concerns. The Florida Supreme Court hasdesignated The Florida Bar as the agency responsible for reviewing grievances against lawyerslicensed to practice in this state. The Florida Bar's decisions are not subject to the Attorney General'sauthority.

As the Governor's Office suggested, and as you wish to file a criminal complaint regarding allegedperjury, please contact the local law enforcement agency and state attorney's office where the criminalviolation occurred. In Florida, the local police or sheriffs department and the elected state attorney in

each judicia l circuit are responsible for investigating and prosecuting crime at the local level. Thoseauthorities operate independently and are not a part of the Attorney General' s Office. If you have notalready done so, you may contact the Hillsborough County Sheriff s Office and Thirteenth Judicial

o


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oNeil J Gillespie

8092 SW 115 th LoopOcala, Florida 34481

VIA US PRIORITY MAILDELIVERY CONFIRMATION0306 2400 0000 7670 1444

December 5, 2007

Attorney General Bill McCollumOffice of the Attorney GeneralThe CapitolTallahassee, Florida 32399

Dear Attorney General McCollum:

Governor Cris t encouraged me to express my concerns to you concerning a fraudscheme perpetrated by my former lawyers at the Tampa law firm Barker, Rodems &Cook, P.A. A copy of Governor Crist's letter is enclosed, along with my original letterand enclosllres to the Governor. The following is a brief description of the fraud schemeand subsequent attempts by my former lawyers to obstruct justice when I sued them. Formore details about this matter, please see my letter to Governor Crist and enclosures.

My former lawyers pressured me to intervene in their previously filed class-actionlawsuit when their initial plaintiff proved unqualified to represent the class. The lawsuit

o


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ottorney General Bill o l l u m Page - 2

Office of the Attorney General December 5,2007

$2,000.00, as did the other two co-plaintiffs. However, had Barker, Rodems Cook,P.A. honored the terms of the contingent fee agreement, the three plaintiffs would have

received $8,224.78 each, and the law firm would have received $31,325.46. But becausemy former lawyers failed their fiduciary duty to their clients, the law firm unlawfully tookan additional $18,675.54 by fraud and breach of contract.

My initial complaint to The Florida Bar was made June 7, 2004, TFB No. 200411,734(13C), and was investigated by William L Thompson, Assistant Staff Counsel.Six months into the investigation Mr. Thompson was removed from the inquiry and leftthe bar. At that point Susan V Bloemendaal, Chief Branch Disciplinary Counsel, tookover and shut down the investigation on what appear to be inappropriate grounds. Mysubsequent complaint about Mr. Cook's failure to report the $5,000.00 improper payoffattempt from opposing counsel was dismissed (TFB No. 2006-11,194 (13D)). Likewise,my complaint about Mr. Cook's failure to sign a contingent f agreement and his failureto account for the settlement proceeds in a Closing Statement was dismissed contrary tosubstantial evidence, bar rules, and supporting case law. (TFB No. 2007-10,004 (13D)).

When The Florida Bar failed to hold my former lawyers accountable for theirmisconduct, I commenced a civil lawsuit, Gillespie v Barker, Rodems & Cook, P.A. andWilliam J. Cook, case no.: 05-CA-7205, Hillsborough County Circuit Civi l Court. (ExhibitA). At that time I was unable to find counsel willing to take the case, and I proceeded prosee Since then I found a lawyer in Gainesville to represent me and the case is active. As apro se litigant I es tablished a cause of action for fraud and breach of contract. (Exhibit B).In retaliation my former lawyers countersued me for libel. (Exhibit C).

Barker, Rodems & Cook, P.A. is represented by attorney Ryan ChristopherRodems of the firm. During tIle time I represented myself, Mr. Rodems made a falseaffidavit to the Court abollt an argument we had where Mr Rodems swore under oath

o


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Attorney General Bill . o n u m o Page - 3Office of the Attorney General December 5,2007

subject to statutory consumer protection law in dealing with their clients. HALT alsoprovided its amicus brief filed in the matterof Mark M. Hager, a disciplinary matter in

tIle District of Columbia. HALT argued that Mr. Hager should be disbarred for stealinghis clients settlement money. Enclosed you will find copies of HALT s amicus briefs.

In addition to the above described unlawful behavior, Barker, Rodems & Cook,P.A. has countersued me for libel over a letter about my initial bar complaint. The libelcounterclaim is contrary to the holding of Florida Supreme Court case, Tobkin v. Jarboe,710 So.2d 975 (1998), which recognizes absolute immunity for a complainant whofollows The Florida Bar 's grievance procedures. Barker, Rodems & Cook, P.A. has alsoaccused me of criminal extortion for utilizing The Florida Bar'sAttorney ClientAssistance Program (ACAP), which requires a complainant make a good-faith effort toresolve the matter prior to making a formal complaint. Both matters are described inn10re detail in the accompanying exhibits and letters.

Thus far The Florida Bar has excused my former lawyers' misconduct, and hasdone so in a particular manner. Susan Bloemendaal, the Chief Branch Disciplinary

Counsel of the Tampa office, has personally intervened on behalf of my former lawyers.On several occasions Ms. Bloemendaal has replaced the individual bar counsel who wereinvestigating my complaints, and then rendered her own decision that merely adopted myformer lawyers' defenses. On other occasions Ms. Bloemendaal apparently bypassedassignment to individual bar counsel altogether, reviewed the complaints herself, andsimply reiterated my former lawyers' position in excusing their misconduct. In eachinstance Ms. Bloemendaal played fast and loose with the facts, and reached untenableconclusions of law. In other words, Ms. Bloemendaal whitewashed my complaint.

The local state attorney, Mark Ober, has not to respond to my correspondence. My letters to Mr Ober are enclosed in ExhibitE tab number 47

Ollum o


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Attorney General Bill Ollum o Page - 4Office o f the Attorney General December 5, 2007

cc: Governor Charlie Crist (letter only)

Enclosures:

Exhibit A: Complaint For Fraud And Breach Of ContractExhibit B: Order On Defendants' Motion To Dismiss And StrikeExhibit C: Answer, Affirmative Defenses And CounterclaimExhibit D: Plaintiffs Motion For Punitive Damages Pursuant To Section 768.72 Florida StatutesExhibit E: List O f Exhibits 1 through 50) to the above motion

HAL T s micus curi e brief in the Illinois case o f Cripe v. LeiterHAL T s micus curi e brief in the matter of Mark M. Hager

Letter from Governor Charlie Crist dated November 21, 2007Letter to Governor Charlie Crist, October 22, 2007 (letter only)Letter to Mr. Francisco R. Angones, President, The Florida Bar, October 22, 2007 (letter only)

Letter to Mr. Donald M. Spangler, Director, ACAP, October 16, 2007 (letter only)Letter to Mr. Kenneth Lawrence Marvin, Director of Lawyer Regulation, October 12, 2007Letter to Mr. Kenneth Lawrence Marvin, Director o f Lawyer Regulation, June 20, 2007

USPS - Track & Confmn Page 1 of

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Delivered, December 06, 2007, 4:35 am, TALLAHASSEE, FL 32399 Enter Label/Receipt Number. Processed, December 06, 2007, 3:35 a m, TALLAHASSEE, FL

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a

OFFICE OF THE ATTORNEY GENERAL

Office of Citizen ServicesThe CapitolTallahassee, Florida 32399-1050

Telephone (850) 414-3990 SUNC OM 994-3990FAX (850) 410-1630 SUNCOM 210-1630

December 14 2007

Mr. Neil J. Gillespie8092 Southwest 115th LoopOcala, Florida 34481

Dear Mr. Gillespie:

Per your request, we are enclosing copies of the documents you previously forwarded tothis office.

We will retain your information in our consumer files to help this office organize itspriorities. Thank you for contacting the Attorney General s Office.

Sincerely,

OFFICE OF CITIZEN SERVICES


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Neil J. Gillespie8092 SW IIS th LoopOcala, Florida 34481

Telephone: (352) 854-7807

VIA FIRST CLASS MAIL

December 11, 2007

Attorney General Bill McCollumOffice of the Attorney GeneralThe CapitolTallahassee, Florida 32399

Dear Attorney General McCollum:

Thank you for your letter dated December 7, 2007. (copy enclosed). In order forme to comply with your referrals, I will need the return o f the documents I provided you.A list of the enclosures is provided below. I am willing to pay the cost of returning mydocuments. You may call me at the above phone number for payment by credit card, oryou may send a bill with the documents and I will send payment. Please advise.

Sincerely,


36/58


37/58

c o p yBARKER, RODEMS COOK

PROFESSIONAL ASSOCIA TrONATIORNEYSATlAW

CHRIS A BARKER Telephone 8 1 3 4 8 9 ~ 1 1400 North Ashley Drive, Suite 2100RYAN CHRISTOPHER RODEMS Facsimile 813/489-1008WILLIAM] COOK Tampa, Florida 33602

April 26, 2011

The Honorable James D ArnoldCircuit Court JudgeCircuit Civil, Division "J"800 E Twiggs Street, Room 514Tampa, Florida 33602

Re: Neil J. Gillespie v. Barker, Rodems & Cook, P.A.,a Florida Corporation; and William J. Cook

Case No.: 05-CA-7205; Division "J"

Dear Judge Arnold:

Enclosed please find a courtesy copy of Defendants' Motion to Strike Pro Se Filings by Plaintiffwhich was filed on even date in the above-referenced matter. By Order of this Court enteredNovember 15, 2010, Mr. Gillespie is prohibited from filing any documents pro see

Thank you for your tinle and attention to this matter.

Respectfully submitted,

Main Office400 Nonh Tampa Street, Suite 3200 300 Nonh Hogan Street, Suite 7o o


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o oampa, Florida 33602 Jacksonville, Florida 32202-4270813/274-6000 904/301-6300

813/274-6200 (Fax) 904/301-6310 (Fax)

211 0 First Street, Suite 3-137 u s epartment o Justice 501 West Church Street, Suite 300on Myers, Florida 33901 Orlando, Florida 32805

239/461-2200 United States Attorney 407/648-7500239/461-2219 (Fax) 407/648-7643 (Fax)Middle District of Florida

Reply to: Orlando, Florida

August 1 2007

VIA UNITED STATES MAIL

Neil J. Gillespie8092 SW 115 th LoopOcala, Florida 34481

Re: Your July 6, 2007 letter

Dear Mr. Gillespie:

This is in response to your July 6, 2007 letter. As you know, I am no longer withthe Florida Attorney General's Office. I left that office at the end of 2002, and I havehad no professional dealings with Ace Cash or any of the payday loan cases since mydeparture. For that reason and others, I do not believe that I am the appropriate personto whom your letter should be directed. As a federal prosecutor, I am primarilyresponsible for prosecuting violations of federal law that are investigated by lawenforcement. Your request for an investigation needs to be directed to an investigatingagency

o o


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o oNeil J Gillespie

8092 SW 115 th LoopOcala, FL 34481

Telephone: (352) 854-7807email: [email protected] RECEIVED

U.S. ATTOR NFY S OFFlCE

llU 09 Z 7

July 6 2007 MIDDLE DISTRICT at=: FLORIDAORLANDO

Roger B. Handberg, AssistaUS Attorney Office501 W. Church Street, SuiteOrlando, FL 32805-2281

nt US Attorney

300

Dear Mr. Handberg,

Some time ago, in your position with the Florida Attorney General, your officeintervened in a lawsuit where I was a plaintiff in a "payday loan" lawsuit, Neil Gillespiev. CE Cash Express Inc. case no. 8:00-CV-723-T-23B, in United States District Court,Middle District of Florida, Tampa Division. I met you during a mediation June 12,2002,at the office of Gasper J. Ficarrotta. Just prior to the mediation I called ACE s counsel,Paul Watson, to complain about my own lawyers' behavior and to try to settle myinvolvement in the lawsuit. I am writing you about the crimes of my former lawyers.

My lawyer was William J. Cook of Barker, Rodems Cook, P.A. Mr. Cookbegan representing me while he was with the firm Alpert, Barker, Rodems, Ferrentino

Roger B Handberg s ~ n t US Attorney o Page - 2


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Roger B Handberg, US Attorney o Page - 2July 6 2007

includes Mr. Alpert throwing coffee in the face of opposing counsel during a mediation.Nonetheless I prevailed on Mr Cook s motion to dismiss and Judge Nielsen found Istated a cause of action for fraud and breach of contract. Ryan Rodems is representingMr. Cook and the firm, and shortly thereafter he filed a false affidavit about a threat ofviolence. A voice recording of the conversation later proved Mr. Rodems lied,committed perjury, and Judge Nielsen recused himself. The antics continued with JudgeIsom, and she recused herself. Now Judge Barton has the case. In April, 2007 I found alawyer in Gainesville willing to take the case, Robert W Bauer, but the case has beendamaged due to Mr. Rodems perjury and obstruction of justice.

My former lawyers are incompetent, not just because they failed to prevail in anyof the payday loan claims, but because of the coffee-throwing and other antics. In myview these lawyers are little more than criminals with law degrees. Their behavior isoutrageous, and certainly more grievous than that of the payday lenders they sued.

I am writing you today about the criminal fraud by my former lawyers. Also, I amcomplaining about Mr. Rodems perjury, obstruction of justice, and his threats ofcriminal prosecution issued to me during the course of litigation. The local state attorney,Mark Ober, has not responded to my correspondence.

Enclosed you will find Plaintiffs Motion for Punitive Damages Pursuant toSection 768.72 Florida Statues, with supporting exhibits 1 through 50. I believe thisdocument sets forth the facts needed to assist with your evaluation of my request. Alsoenclosed is an micus curi e brief in the Illinois case of Cripe v Leiter. Amicus HALTargued that over-billing a client is not part of the practice oflaw and that lawyers are

subject to statutory consumer protection law in dealing with their clients.

Thank you for your consideration.

c o


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Neil J Gillespie8092 SW 115

hLoop

Ocala, FL 34481

VIA UNITED STATES CERTIFIED MAILArticle no.: 7006010000073366 1075

October 2, 2007

Roger B Handberg, Assistant US AttorneyUS Attorney Office501 W. Church Street, Suite 300Orlando, FL 32805-2281

Dear Mr. Handberg,

Thank you for your letter of August 1 2007. After reading your response, I amconfused when you directed me to an investigating agency for an investigation of myformer lawyers ' criminal conduct. In my letter to you of July 6, 2007, I wrote that Icontacted the local State Attorney, Mark Ober, but that he did not respond to mycorrespondence. I also provided you copies of my letters to Mr. Ober as exhibits toPlaintiffs Motion for Punitive Damages Pursuant to Section 768.72 Florida Statues,specifically three letters grouped as exhibit number 47, letters dated March 7 th , 161h and24 Ih 2006. In addition, I wrote Mr. Ober on July 15,2006 requesting a reply to my

correspondence, but he did not respond. Isn't Mr. Ober, the State Attorney for theThirteenth Judicial Circuit, the proper investigating agency? If not, who is?

c o


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43/58

STATE OF FLORIDADEPARTMENT OF BANKING AND FINANCE

ANDOFFICE OF THE An O R N E Y GENERAL

IN RE:ACE CASH EXPRESS, INC. d/b/aACE AMERICA S CASH EXPRESS, DBF CASE NO : 9177-F-9/02

I

SETILEMENT AGREEMENT

The Florida Department o f Banking and Finance, Division of Securities and Finance

("DBF"), the Office of the Attorney General (UAttorney General") and ACE Cash Express, Inc.

d/b/a ACE America's Cash Express ("Respondent" or "ACE") agree as follows:

1. JURISDICTION. OBF is charged \vith the administration of Chapter 516, 560,

and 687, Florida S t a t u t e s ~ and the Attorney General is charged \vith the administration of

Chapters 501, 559, 687, 895 and 896, Florida Statutes. This agreement applies to Florida

transactions only.

2 BACKGROUND

Attorney General


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entities Gnd individuals ~ o l l . \ o l i , l l 1 e d ~ c l s e No. 99 09730 in the Circuit Court for

the Thirteenth Judicial District of Florida (the Clement case); and etls v. Ace

Cash E x p r ~ s927 So.2d 294 (Fla. 5th DCA 2002), (the Bet ts case). DBF was

not a named party in either case.

b. ACE and the other defendants disagreed with the claims made by the

Plaintiffs and the Attorney General in each of those cases.

c. The Attorney General's Inotion to intervene in the Betts case was denied.

d. In the Clement case, the individual Plaintiffs' clailns were dismissed with

prejudice, leaving the Attorney General as the sole Plaintiff. The Attorney

General's RICO claims were dislnissed with prejudice and are subject ofa

pending appeal before the Second District Coul1 of AppeaJ of Florida styled )tate

of Florida Qffice of the AI/oriley General v. Zilliox Case No. 2002-2340

(consolidated with Case No. 2002-3] 13). All of the claims asserted y the

Attorney General in the Clement case are to be settled pursuant to this

Agreement, with the Attorney General voluntarily dismissing their claims.


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Department of Banking and Finance

g. Goleta National Bank, a national bank located in Goleta, California

( Goleta ), has offered loans to residents of Florida since April 2000. ACE has

provided agency services to Goleta related to those loans in Florida. On October

25 and 28, 2002. ACE and Goleta entered into separate consent orders with the

Office of the Comptroller of the Currency of the United States ( OCC ), pursuant

to which Goleta agreed, among other things, to generally cease the origination,

renewal and rollover of its loans in Florida and ACE agreed, among other things,

to generally cease providing services to Goleta related to the origination, renewal

and rollover of such Goleta loans, both by no later than December 31, 2002.

Goleta, ACE and the OC..c agreed that the loans provided by Goleta and serviced

by ACE were made pursuant to 12 U.S.C. 85 and that the interest rate charged

by Goleta was permissible under the laws of the United States for national banks

located in the State of California. DBF was not a party to the agreement between


46/58

under Part II Chapter 560, Florida Statutes. The DBF will issue that license, as

well as the license authorizing ACE to act as a Deferred Presentment Provider

under Part IV, Chapter 560, Florida Statutes, on or before the effective date of this

Agreement. Ace agrees that future transactions involving the transmission of

funds will be governed by the provisions of Part II, Chapter 560, Florida Statutes,

and ACE will comply with those provisions in all future transactions.

i ACE is licensed with DBF as a Check Casher under Part III, Chapter 560,

Florida Statutes.

Pu roose and Intent

J. The parties wish to resolve and to release any clailns that were asserted, or

could have been asserted, or could be asserted, because of or arising from the

investigation, litigation, r regulatory review conducted by the DBV or the

Attorney General.

k. The DBF agrees that ACE has fully cooperated with it in this matter.

I It is the intent of the parties that this agreement be implemented promptly,


47/58

3. CONSIDERATION ACE, the DSF, and the Attorney General agree as follows:

8

ACE will cease providing agent services to Goleta in connection with theorigination,: -enewal, or rollover of any Goleta loans in the State of Florida by

December 31, 2002. ACE may, howevef, continue to provide services to Goleta

related to the servicing and collection of Goleta loans originated, renewed, or

rolled overin the State of Florida before January 1 2 ~ 3 subject to paragraph

3(g) below.

b. ACE has applied fO f and DBF agrees to issue upon the issuance of the

final order contelnplated by this agreelnent, a license with an effective date o f

December 30, 2002, authorizing ACE to act as a Deferred Presentment Provider

under Part IV, Chapter 5 6 ~ Florida Statutes. ACE agr,ees not to enter into any

deferred presentment trapsactions in Florida unless such deferred presentment

transactions are completed in accordance with Part IV-, Chapter 560, Florida

Statutes. DBF agrees that ACE may act as a Deferred Presentment Provider under

Part IV, Chapter 560 Florida Statutes, and as a Funds Transmitter under Part II,


48/58

c. ACE represents and warrants that it has obtained the consent of Goleta so

that no Goleta loans entered into before the effective date of this Agreement will

be extendect (except for the custolners five-day extension options that are part of

the terms of outstanding loans) or converted, without full payment by the Goleta

lo n customers, to any other type of transaction. Where applicable. ACE agrees

that it will not otler deferred presentlnent services to a Goleta loan customer

unless that customer s Goleta loan is r ~ p i d or cancelled in accordance with

paragraph 3(g)-below. DBF agrees that the continued services provided under

the Goleta loan prograln authorized by this s u p ~ r g r p h and by paragraph 3(a)

above are consistent with the public interest and will not constitute a violation of

this Agreement or any applicable l w ~ including but not lilnited to Chapters 501,

516 559 560, 687, 8951lnd 896, Florida Statutes., or any Rules related to those

statutes.

d. DBF agrees to issue to ACE licenses pursuant to Part II Chapter 560,

Florida Statutes, and Part IV Chapter 560 Florida Statutes, with an effective date


49/58

e. DBF acknowledges that no additional in.formation is needed from ACE for

it to issue the Ijcenses contemplated by this Agreement..

f ACe agrees to pay a total of $500,000 in settlement and for issuance by

DBF of authorizations, licenses, or other approvals necessary for ACE to continue

in business in Florida, and for the releases in paragraphs 7 and 8 below. Of the

$500.000 total settlelnent, ACE has agreed to pay $250,000 to the DBF

Regulatory Trust Fund in full satisfaction of all attorney's fees costs, and other

expenses incurred by the DBF in connection with this matter and ACE has agreed

to deliver to the Attorney General, a contribution of 250,000 to the Florida State

University College of Law in full satisfaction of all attorney's fees costs and

other expenses incurred by the Attorney General in connection with this matter.

These amounts will be p ~ by check, and will be delivered to the DBF or the

Attorney General upon entry of the Final Order as provided for herein.

g. ACE represents and warrants that it has obtained the consent of Goleta so

that loans that are delinquent as of October I 2002. and remain unpaid as of the


50/58

I In addition to the amount specified in paragraph 3(f) above, ACE will pay

up to 15,000 for an independent audit of the loan cancellations provided in

paragraph ~ above, the credit reporting notifications provided in paragraph 3

(h) above, and verification o f compliance with the transition from the Goleta loan

product to the state licensed product contemplated in paragraph 3(b) and 3(c)

above. DBF will select the independent auditor, after consultation with ACE.

The independent auditor selected will be required to report to the DBF within 90

days of the selection.

j The entry ofa Final Order by OBF in the form o f the Attachment to this

agreement.

k. Within 10 days after the entry of the final order contemplated herein, the

Attorney General will ~ m s s with prejudice its lawsuit, Eugene R. Clement alld

Neil Gillespie and State o Florida. qffice o the Attorney General Department o

Legal Affairs vs. ACE Cash Express IIlC. Altemative Financial Inc. JS o the .

Treasure Coast blc. .Raymond C. Hemmig DOllald H. Neustadt Kay D. Zil/iox


51/58

4. CONSENT. Without adlnitting or denying any wrongdoing Respondent

consents to the issuance by the DBF o f Final Order in substantially the form o f the attached

Final Order which i n o r p ~ r t e s the terms of this Agreelnent.

5. FINAL ORDER. The Final Order incorporating this Agreelnent is issued

pursuant to Subsection 120.57 4),. Florida Statutes and upon its issuance shall be a final

administrative order.

6. WAIVERS. Respondent knowingly and voluntarily waives:

a. its right to an adlninistrative hearing provided for by Chapter 120, Florida

Statutes . to contest the specific agreements included in this Agreement;

b. any requirelnent that the Final Order incorporating this Agreenlent contain

separately stated Findings of Fact and Conclusions o f Law or Notice o f Rights;

c. its right to the isslJance o f Recommended Order by an administrative law

judge froln the Division of Adlninistrative Hearings or froln the DBF;

d. ny and all rights to object to or challenge in any judicial proceeding

including but not limited to an appeal pursuant to Section 120.68 Florida


52/58

7. ATIORNEY GENERAL R ~ L E A S EThe Attorney Genera]9 for himselfand

his predecessors. successors and assigns, hereby waives, releases and forever discharges ACE, its

predecessors, successors, aniliates, subsidiaries and parent corporations, shareholders, directors,

officers, attorneys, employees, agents franchisees and assigns, and Goleta, and its predecessors,

successors, affiliates, subsidiaries and parent corporations, shareholders, directors, officers,

attorneys, employees, agents, franchisees and assigns (collecti,vely, the ACE Released Parties ),

from any and all claims, demands causes of action suits, debts, dues duties, sums of money,

accounts, fees, penalties, damages, judglnents'l Iiabi-tities and obligations, both contingent and

fixed, known and unknown foreseen and unforeseen. anticipated and unanticipated, expected

and unexpected, related to or arising out of Goleta's r ACE's oper tions in Florida prior to the

effective date of this agreement. This release includes but is not limited to, any claims related to

any loans m a d e ~ renewed, or rolled over.bY Goleta in Florida and any services provided by ACE

or its franchisees related thereto any clainls related to any violation of Chapters 501,516,559,

560,687, 772, 895 and 896, Florida , \ l a { l I l e : ~ , any clailns related to check cashing services

provided prior to the effective date of Part IV, Chapter 560, Florida L ~ t a / l i t e s , and any claims


53/58

and on behalf of the ACE Released Parties, accepts this release and waiver by the Attorney

General without in any way acknowledging or adlnitting that ny such cause of action does or

m y exist, and ACE, for i t ~ l f and on behalf of the ACE Released Parties, expressly denies that

any such right or cause of action does in fact exist. Respondent hereby w i v e s ~ releases and

forever discharges the Attorney General and his respective employees agents, nd

representatives (collectively, the l Attorney'General Released Parties ) from ny causes of action'

in law or in equity, which Respondent may have arising out of the specific matters d d r e ~ s e d in

this agreement. The Attorney General, for themselves and the Attorney General Released

Parties, accept this release and waiver by Respondent without in any way acknowledging' or

admitting that ny such cause of action does or may exist, the Attorney General, for himself and

the Attorney General Released Parties, expressly deny that any such right or cause of action does

in fact exist.

8 DEPARTMENT O BANKING AND FINANCE RELEASE. The DBF, for

itself and its predecessors, successors and assigns, hereby waives, releases and forever

discharges ACE and its predecessors, successors, subsidiaries and parent corporations,


54/58

services or loans in l o r i d ~ \vhere such conduct occurred prior to the effective date of this

Agreement.. This release includes but is not liJnited to, any claims related to any loans made,

renewed, or rolled over by poleta in Florida and any services provided by ACE or its franchisees

related thereto, any claims related to any violation of Chapters 501, 516, 559, 560,687, 772, 895

and 896, lorida S tatllles any claims related to check cashing selVices provided prior to the

effective date of Part IV, Chapter 560, F/orid J I l l l l l les , and any claims related to any licensing

requirements for the services provided by ACE to its custolners in Florida prior to the effective

date of this Agreelnent. ACE, for itself and on behalf of the ACE Released Parties, accept this

release and waiver y the Attorney General and the DBF without in any way acknowledging or

adtnitting that any such cause of action does or may e x i s t ~ and ACE9 for itself and on behalf of

the ACE Released Parties, expressly denies that any such right or cause of action does in fact

exist.

9. EXCLUSION This release does not include any claiIns under Chapter 560,

Florida Statutes, against franchisees of ACE related to deferred presentment transactions

engaged in after the effective date of Part IV Chapter 560 Florida Statutes, unless such


55/58

Respondent s alleged failure to comply with any o f the terms and provisions of this Agreement

or of the Final Order incorporating this Agreement.

WHEREFORE. in o n s i d ~ r t i o n of the foregoing. DBF. the Attorney General. and ACE

execute this Agreement on the dates indicated below.

DEPARTMENT OF BANKING AND FINANCE

By: Q r t ~ ~ Date:D N SAXONDivision Director

OFFICE t TR I T ~ ~ E N E R A L

By: Date:

RICHARD DORAN. Attorney General

ACE CASH EXPRESS, INC., d/b/a ACE AMERICA S CASH EXPRESS

By: Date:ERIC C. NORRINGTON

Vice President

STATE OF FLORIDA


56/58

Respondent's alleged failure to comp1y ~ t l any of the tenns arid provisions of this Agreement

or of the Final Order incorporating this Agreement.

WHEREFORE. in considiration of the foregoing, DBF, the Attome}" General, and ACE1

execute this Agreement on the dates indicated below.

DEP RTMENT O BANKING ND FINANCE

By: Date:DON SAXONDivision Director

Date:

OFFICE OF Y G ~ N R L

By:RICHARD DORAN, Attorney General

ACE CASH EXPRESS, INC., d/b/aACE A RICA S CASH EXPRESS

By: Date:

STATE OF FLORlDACOUNTY OF


57/58

SWORN ND SUBSCRI BED before me this day of , 2002.

NOTARY PUBLICState of FloridaPrint Nalne:My COlnlnission No.:My C0111111ission Expires:(SEAL)

A ACE Cash Express, Inc.1231 Greenway Drive 600I i g T 75038


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Corrections to UPL response, Ghunise Coaxum, UPL Bar Counsel

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