CONCLUSION
                             ----------

            WHEREFORE for all the reasons and facts presented in
        this Appeal, Defendants-Appellants request this Court to:

            a) A holding that the original 1995 Mortgage being
        foreclosed herein be declared as having been paid and
        satisfied as per POINT I;

            b) A holding that Plaintiff-Respondent failed to file a
        timely satisfaction and is in violation RPAPL 1921 as per
        POINT II;

            c) An order that the satisfaction of mortgage be filed
        with the Putnam County Clerk's Office as per POINT III;

            d) An order directing Plaintiff-Respondent to vacate its
        Notice of Pendens as per POINT IV;

            e) An Order dismissing Plaintiff-Respondent's suit in
        its entirety for failing to have actual possession of the
        original 1995 Note and Mortgage when it filed the suit and
        therefore lacked standing as per POINT V;

            f) An order reversing the decisions of the Lower Court
        for Plaintiff-Respondent not having achieved standing as per
        POINT VI;

            g) An order vacating Plaintiff-Respondent's own Amended
        Decision and Order for failure to file a proper motion to
        reargue a prior Decision of the Court, as per CPLR 2221;

            h) A holding that Plainitiff-Respondent's "de minimus"
        request was a motion that should not have been granted or
        given judicial intervention as per POINT VIII;

            i) A holding that the original Decision and Order was
        the law of the case at that time, and bound the parties to
        it, and therefore the Amended Decision and Order should be
        reversed as it was illegally obtained as per POINT IX;

            j) A holding that the Amended Decision and Order was a
        motion that was improperly granted by the Lower Court
        because no motion fee 8020(a) had been paid, and that the
        Amended Decision and Order be reversed as per POINT X;

            k) A holding that the Amended Decision and Order was
        based on an illegal motion that was not noticed to
        Defendants- Appellants or filed in the court with a return
        date, and therefore the Amended Decision and Order must be
        reversed as per POINT XI;

           l) An Order that the Amended Decision and Order be
        reversed for Plaintiff-Respondent's failure to file a timely
        CPLR 2221 motion for leave to reargue a prior decided order
        as per POINT XII;

            m) That the Amended Decision and Order be reversed for
        for Plaintiff-Appellant's and the Lower Court's failure to
        follow the well established doctrine of Stare Decisis and to
        set example to protect the intregrity of the judicial system
        that judicial decisions and order must stand if not appealed
        or reargued in a proper and legal manner as per POINT XIII;

            n) An order from this court holding that the
        Consolidated Mortgage was the only true and surviving
        mortgage and that the foreclosure action by
        Plaintiff-Respondent herein was without legal basis ab
        initio, and that the Court dismiss this foreclosure action
        in its entirety as per POINT XIV;

            o)  An order dismissing Plaintiff-Respondent's entire
        action for all of the POINTS raised in this Brief;

            p) And any other fair and just relief this court deems
        fair and reasonable to restore the integrity of the judicial
        system.



        Commonwealth of Virginia
        County of Carroll


        Dated August 23, 2008



                                              Scott E. Webster
                                              Defendant-Appellant, pro se
                                              204 Charlotte Drive
                                              Dugspur, VA 24325
                                              (276) 728-5006

                                              Jean Allen Webster
                                              Defendant-Appellant, pro se
                                              204 Charlotte Drive
                                              Dugspur, VA 24325
                                              (276) 728-5006


                                  - 39 -

Go back to Appeal home page

Copyright © 2008 by WebstersWebsites (tm) all rights reserved.