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