Professional Documents
Culture Documents
Supplemental Dec Nick
Supplemental Dec Nick
2
J
7
8
l0
ll
t2
Case
Plaintiffs.
SUPPLEMENTAL DECLARATION OF
NICKLAS HOFFMAN IN SUPPORT OF
APPLICATION FOR ORDER TO SHOW
CAUSE RE CONTEMPT AND ORDERS
ENFORCING RESTRAINING ORDER
vs.
13
No.: IA-237521
Defendant
Continued
Hearing Date: March 8,2012 _
8:30 AM
Time:
10
Dept:
Hon. Lloyd L. Hicks
Judge:
14
15
16
l7
i8
19
1.
follows:
if called I could
case and
and would
20
2I
7)
May 02,2072
2.
.A
I firmly believe that both Courhrey Gillespie and Melody Gillespie have been
deceiving this Court since the beginning of this case in that neither Courtney Gillespie
25
Hoffiian,
Case
No. 10-237521
nor Melody Gillespie are resiqling in their travel tailers located on the south l-3/4 acres
Exhibit "E" is a copy of a motion filed July 25,2011 by Melody Gillespie in her
Chapter 13, Bankruptcy Case wherein she admits, atPage 2, Lines 8-I0, that she'ohas
moved within the past two years." And, again, on Page 3, Lines 5-6, she tells the
Bankruptcy Court that she "currently splits her time between two living places."
J.
that he was a Building and Zoning Inspector for the County of Tulare, that he did a
IO
follow-up visit to the prernises at 1831 N. Lime Street in Porterville on May 4,2010 and
il
that he spoke to Mr. Gillespie and that Mr. Gillespie told him at that time that
t2
Mr. Gillespie would have all the portable buildings and illegal structures "gone in 30
13
days" while "continuing to affirm that no on was living in any of the structures."
l4
+.
15
"D"
shows that
16
the Gillespies "new ranch and home they had justpurchased in the Strathmore foothills"
t7
and that
Mr. Garretson had observed that the Gillespies 'kere moving and have moved
18
I9
2A
2l
22
23
offof
July ofthis year." Mr. Garretson signed this declaration on August 19, 2010.
I am informed that placement of another electric pole in order to establish a new entry
point for electric service to my home would in fact cost me approximately an additional
$4,000.00. This is a financial burden that me and my family simply cannot sustain and
24
25
access to tlre electric meter so that the existing meter can be repaired.
-zDEFENDANT'S SUPPLEMENTAL DECLARATION IN S{JPPORT APPLICATION FOR ORDER TO SHOW CA
Gillespie vs. Hoffrnan, Case No. 10-237521
6.
I would also like to draw the Court's attention to the fact as shown on the electric
service
SCE billings are always sent to.Courtney Gillespie's mailing address, P.O. Box 8323 and
are never mailed to me at the actual service address, my home at 1831 N. Lime Stree!
as
Porterville California. In Ma5 2010, when I believed (and still believe) that the
Gillespies were moving I then attempted to change the billing for my electrical service
and, as set forth in the Gillespies' original petition in this case, the Gillespies argued that
I
9
t0
any such attempt on my part would be "hijacking" their electric account and our mutual
resffaining order thereupon "froze" this situation with the Gillespies in charge ofmy
electrical service leaving me and my family dependent upon them for such service.
1l
72
13
I declare under penaky of perjury under the laws of the State of California that the
foregoing is true and correct.
t4
15
oatea:;fu
'{-t%
LL
Nicklas A.
t6
17
18
19
20
2l
22
23
24
25
Hoffrnan,
Case
No. 10-237521
t'
Exhibit "E"
Chapter 13 Filing by Melody Gillespie
fE
t*
I
l.
FILED
JUL 25
.?
2011
wr|E)srAGsaA$fi.Fr*.dF
nI
8
l(
IN RE:
CaseNo:11-17815
Chapter:
13
l:
Debtor,
1:
lr
1,
L.
1t
Extension of Time to File Chapter 13 Plan, which she files pursuant to the
federal rules of civil procedure Rule 6{b11.
1',
Debtor alsks for more time to file her plan because, at this time, she cannot
1l
-lt
it
say
[with even remote certaintyJ how much she owes the Internal Revenue
Service and the State of California Franchise Tax Board (qee Schedule D).
Debtor has had her wages garnished for years by both entities without knowing
how much she owed either Creditor. She has consistentiy asked both parties
about the total amounts due, only to be ignored as over 1-600 dollars are
Motion
for
f'
2
J
4
5
6
-|
8
9
1r\
IU
from some of the events and occurrences of the past decade, which have at this
time forced her into Bankruptcy.
Debtor is under the care'of
Porterville, CAJ and has a long history of treatment for neurological risks and
injuries {with naw retired Dr. Roberts, M.D., of Visalia, CAJ. All of these
circumstances and conditions combined make it difficult for the Debtor to find
and organize papers, along with the fact that the Debtor has moved within the
past two years and many of her papers are in storage boxes.
11
IJ
14
15
16
2005. To date the Debtor's wage garnishments have totaled more than 124,000
dollars to the Franchise Tax Board. Debtor was under the impression that her
wage garnishments were going towards an 18,000.00 lien the tax board put
T7
18
19
20
2T
22
23
24
25
/.o
27
28
igainst her. However, though the bill appears to be paid (and then somgJ the
Franchise Tax Bgard as failed to STOP garnishing her wages.
The IRS told the Debtor that she owed 44,A00, due to non-payment of her
income taxes. They have since garnished more than 57,000.00 from her wages
{'
2
J
4
5
I
8
9
1r\
IU
from some of the events and occurrences of the past decade, which have at this
time forced her into Bankruptcy.
Debtor is under the care'of
Porterviile, CAJ and has a long history of treatment for neurological risks and
injuries {with now retired Dr. Roberts, M.D., of Visalia, CAJ. A1l of these
circumstances and conditions combined make it difficult for the Debtor to find
and organize papers, along with the fact that the Debtor has moved within the
past two years and many of her papers are in storage boxes.
11
IJ
14
15
16
17
18
19
20
2I
22
23
24
25
/.o
27
28
2005. To date the Debtor's wage garnishments have totaled more than 124,000
dollars to the Franchise Tax Board. Debtor was under the impression that her
wage garnishments were going towards an l-8,000.00 lien the tax board put
igainst her, However, though the bilt appears to be paid (and then somgJ the
Franchise Tax Bgard as failed to STOP garnishing her wages.
The IRS told the Debtor that she owed 44,A00, due to non-payment of her
income taxes. They have since garnished more than 57,000.00 from her wages
2004 Motions calling for the examination of the Franchise Tax Board and the
1l
2lltl
a it
tl
Jil
il
Further, Debtor needs more time due to the Trustee's questionnaire and
4ll
tl
'll
6ll
?li
the necessary documents she must find to comply with said questionnaire.
Debtor currentiy splits her time between two living places and has been
embroiled in several legal battles over the last few years that have left her life in
il disarray, The files, pay stubs and receipts necessary to complete the
8ll
nll
Debtor submits tvrro Rule 2A04 Motions and her schedules [what she
could completeJ in an effort to comply with this court's due dates as much
as
'11 by arguing that the extension to file her Chapter 13 Plan should be indefinite
"lI
given that each debt should be subject to examination given her personal
'ul
history with the IRS and the Franchise Tax Board [see abovej.
"il
'*l
The
circu
with the
'nll Debtor's good faith attempts to complete her schedules make these extensions
'll
a necessary
"lI
nll
that this Court grant an extension of time for Debtor to fiie her Chapter 13 plan,
?11
--tl
241
making the plan due after the Debtor's Rule 2004 Motions have been heard by
this court
Respectfully submitted,
il
?{t
-"tl
I
tl
'ul
nll
28U
Iylation
for
t3 plan
Exhibit "F"
Copy of declaration of Jim Thompson
{oP-{
AFFIDAVIT-OF Jim Thompson
I am a Building and Zoning Iaspector for the Counfy Of Tulare. I did a follow up visit to 1831 N
LIME ST, PORTERVILLE, CA with one of my co-workers on May 4,2010. Upon engaging
conversation with Mr. Hoffinan about the compliance issues Mr, Giilespie approached us and
volunteered that he was removiag ali of the portable buiidings and the illegal struchlre and that
hand in friendship to Mr. Gillespie, which fufr. Gillespie refused. I Told them that we would
return after 30 days to check up on the matter. Mr. Giliespie gave me every assutance that
it
would be done in the thirty days whiie continuing to affirm that no one was tiving in any of the
structures.
I declare under penalty of perjury pursuant to the iains of the State of Caiifomia that the
foregoing is true and correct to the best of my recollection.
PROOF OF SERYICE
(CCP SECTIONS 1013a, 2015.5)
.L
Tulare, CA93275
7
8
9
10
11
placing a ffue copy thereof in an envelope to the address indicated below and I deposited
the
12
envejopg with postage frrlly prepaid, with the US Postal Service at Tulare. Califorma.
--)
t4
Courfney Gillespie
Melody Gillespie
P.O. Box 8323
Porterville, CA 93258
15
lo
1tt
18
I declare under penalty of perjury, under the laws of the State of California that the
foregoing is true and correct.
Executed on March 05. 2012. at Tulare. California.
IU
20
)1
1a
",A
zj
BY.
VRobert
J. Fletcher
Rober-t J. Fletcher