S&B# 17-271882 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE:

GWENDOLYN ANTIONETTE PLEASANT-GREEN AKA 

GWENDOLYN A. PLEASANT AKA GWENDOLYN GREEN

Debtor 

Address: 13080 Ladysmith Rd

Ruther Glen, VA 22546

Last four digits of Social Security No.(s): XXX-XX-5076

BCN #: 17-35694-KLP

Chapter: 13

NOTICE OF MOTION AND HEARING 

Your rights may be affected. You should read these papers carefully and discuss them 

with your attorney, if you have one in this bankruptcy case. If you do not have an attorney, you 

may wish to consult one.

If you do not wish the Court to grant the relief sought in this motion, or if you want the 

Court to consider your views on this motion, then within fourteen (14) days from the date of 

service of this motion, you must file a written response explaining your position with the Court 

at the following address: Clerk of Court, United States Bankruptcy Court, 701 East Broad Street, 

Room 4000, Richmond, VA 23219-3515, and serve a copy on the Movant. Unless a written 

response is filed and served within this fourteen day period, the Court may deem any opposition 

waived, treat the motion as conceded, and issue an Order granting the requested relief without 

further notice or hearing.

If you mail your response to the Court for filing, you must mail it early enough so the 

Court will receive it on or before the expiration of the fourteen day period.

You may attend the preliminary hearing scheduled to be held on: November 14, 2018 at 

9:00 AM in Courtroom 5100, United States Bankruptcy Court, 701 East Broad Street, 

Richmond, VA 23219. 

If you or your attorney do not take these steps, the Court may decide that you do not 

oppose the relief sought in the motion and may enter an Order granting the requested relief.

Case 17-35694-KLP Doc 26 Filed 09/28/18 Entered 09/28/18 15:15:32 Desc Main

 Document Page 1 of 8
S&B# 17-271882 

SHAPIRO & BROWN, LLP Dated: September 28, 2018

ATTORNEYS FOR THE MOVANT

/s/ Mary F. Balthasar Lake

BY: Gregory N. Britto, Esquire VSB #23476

William M. Savage, Esquire VSB #26155

Malcolm B. Savage, III, Esquire VSB #91050

Thomas J. Gartner, Esquire VSB #79340

Mary F. Balthasar Lake, Esquire VSB #34899

Matthew Beddingfield, Esquire VSB #87305

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

CERTIFICATE OF SERVICE 

I certify that I have this 28th day of September, 2018, electronically transmitted and/or 

mailed by first class mail, postage pre-paid, a true copy of the foregoing Notice of Motion to the 

following:

JULIA BONHAM ADAIR

HATHAWAY ADAIR, P.C

710 N. HAMILTON STREET

SUITE 100

Richmond, VA 23221

Suzanne E. Wade

P.O. Box 1780

Richmond, VA 23218-1780

Gwendolyn Antionette Pleasant-Green

13080 Ladysmith Rd

Ruther Glen, VA 22546

/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire VSB #23476

William M. Savage, Esquire VSB #26155

Malcolm B. Savage, III, Esquire VSB #91050

Thomas J. Gartner, Esquire VSB #79340

Mary F. Balthasar Lake, Esquire VSB #34899

Matthew Beddingfield, Esquire VSB #87305

Case 17-35694-KLP Doc 26 Filed 09/28/18 Entered 09/28/18 15:15:32 Desc Main

 Document Page 2 of 8
S&B# 17-271882

United States Bankruptcy Court

Eastern District of Virginia

Richmond Division

In Re: 

Gwendolyn Antionette Pleasant-Green a/k/a 

Gwendolyn A Pleasant a/k/a Gwendolyn 

Green 

Debtor

BCN#: 17-35694-KLP

Chapter: 13

U.S. Bank National Association, as Trustee 

for MASTR Asset Backed Securities Trust 

2006-HE5 Mortgage Pass-Through 

Certificates, Series 2006-HE5

or present noteholder,

Movant/Secured Creditor,

Motion for Order Granting Relief from 

Automatic Stay under 11 USC §362

v.

Gwendolyn Antionette Pleasant-Green 

Debtor

and

Suzanne E. Wade 

Trustee

Respondents

U.S. Bank National Association, as Trustee for MASTR Asset Backed Securities Trust 

2006-HE5 Mortgage Pass-Through Certificates, Series 2006-HE5, and/or present noteholder, 

(hereinafter “the Movant”), alleges as follows:

1. That the bankruptcy court has jurisdiction over this contested matter pursuant to 

28 U.S.C. § 157 and § 1334 and 11 U.S.C. § 362; Federal Rule of Bankruptcy Procedure 9014; 

and Local Bankruptcy Rule 4001(a)-1.

2. That the above named Debtor filed a Chapter 13 Petition in Bankruptcy with this 

Court on November 15, 2017.

3. That Suzanne E. Wade has been appointed by this Court as the Chapter 13 

Trustee in this instant Bankruptcy proceeding.

4. That the subject Deed of Trust secures a parcel of real property (hereinafter “the 

Property”) with the address of 13080 Ladysmith Road, Ruther Glen, VA 22546 and more 

Case 17-35694-KLP Doc 26 Filed 09/28/18 Entered 09/28/18 15:15:32 Desc Main

 Document Page 3 of 8
S&B# 17-271882

particularly described in the Deed of Trust dated July 25, 2006 and recorded as Deed Book 851, 

Page 485 among the land records of the said city/county, as:

ALL THAT CERTAIN LOT, PIECE OF PARCEL OF LAND WITH THE 

IMPROVEMENTS THEREON AND APPURTENANCES THERETO 

BELONGING KNOWN AS NUMBER 13080 LADYSMITH ROAD, OR IN 

ANYWISE THEREUNTO APPERTAINING, LYING, AND BEING AND 

SITUATE IN MADISON DISTRICT, CAROLINE COUNTY, VIRGINIA, ON 

STATE ROUTE 639 AND CONTAINING TWO (2.000) ACRES ALL AS 

SHOWN ON SURVEY OF LOUIS TERRELL, LAND SURVEYOR, DATED 

NOVEMBER 20, 1996, ENTITLED "PLAT OF 2.000 ACRES BOUNDARY 

LINE ADJ LOCATED ABOUT ONE MILE N.W. POPLAR INN ON ROUTE 

639 SURVEYED FOR GWENDOLYN PLEASANT," RECORDED APRIL 

1997 IN PLAT CABINET B, PAGE 960-1, IN THE CLERKS OFFICE, 

CIRCUIT COURT, CAROLINE COUNTY, VIRGINIA, AND TO WHICH 

PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR 

METES AND BOUNDS DESCRIPTION OF SAID PROPERTY.

BEING THE SAME PROPERTY CONVEYED TO GWENDOLYN A. 

PLEASANT, BY VIRTUE OF A DEED, DATED 07/31/1998, AND FILED FOR 

RECORD ON 08/11/1998 IN DEED BOOK 496, PAGE 739 IN THE CLERKS 

OFFICE CIRCUIT COURT, CAROLINE COUNTY, VIRGINIA.

5. Ocwen Loan Servicing, LLC services the underlying mortgage loan and note for 

the property referenced in this Motion for: U.S. Bank National Association, as Trustee for 

MASTR Asset Backed Securities Trust 2006-HE5 Mortgage Pass-Through Certificates, Series 

2006-HE5 (hereinafter, “noteholder”) and is entitled to proceed accordingly. Should the 

Automatic Stay be lifted and/or set aside by Order of this Court or if this case is dismissed or if 

the Debtor obtains a discharge and a foreclosure action is commenced or recommenced, said 

foreclosure action will be conducted in the name of U.S. Bank National Association, as Trustee 

for MASTR Asset Backed Securities Trust 2006-HE5 Mortgage Pass-Through Certificates, 

Series 2006-HE5. The noteholder has the right to foreclose because (check the applicable 

below): 

 Noteholder is the owner of the note.

Case 17-35694-KLP Doc 26 Filed 09/28/18 Entered 09/28/18 15:15:32 Desc Main

 Document Page 4 of 8
S&B# 17-271882

X Noteholder is the original mortgagee or beneficiary or assignee of the security instrument for 

the referenced loan. Noteholder directly or through an agent has possession of the promissory 

note and the promissory note is either made payable to Noteholder or has been duly endorsed.

 Noteholder is the original mortgagee or beneficiary or assignee of the security instrument for 

the referenced loan. Noteholder directly or through an agent, has possession of the promissory 

note and will enforce the promissory note as transferee in possession.

 Noteholder is the original mortgagee or beneficiary or assignee of the security instrument for 

the referenced loan. Noteholder is unable to find the promissory note and will seek to prove the 

promissory note through the filing of a lost note affidavit.

 Noteholder is the successor trustee and transferee in possession of the security instrument for 

the referenced loan.

6. That the Movant is informed and believes, and, based upon such information and 

belief, alleges that title to the Property is currently vested in the name of the Debtor.

7. That the Debtor is in default with regard to payments which have become due 

under the terms of the Note and Deed of Trust since the filing of the Chapter 13 petition. 

As of September 26, 2018, the Debtor is due for:

o 3 post-petition monthly payments from July 2018 through September 2018 of 

$933.46 each which were to be paid directly to Movant;

o Suspense Balance of -$73.08

o Proof of Claim fee of $500.00 (SPOC filed 5/4/2018)

o Payment History Review fee of $250.00 (SPOC filed 5/4/2018)

o Review of Plan and Notice of Appearance fee of $150.00 (SPOC filed 5/4/2018

o In addition to the post-petition default listed above Ocwen Loan Servicing LLC 

has also incurred additional fees for drafting and filing the Motion for Relief in 

the amounts of $850.00 and $181.00 and those are also now due.

8. As of September 26, 2018, that the principal balance on the said Note is 

$124,826.05.

Case 17-35694-KLP Doc 26 Filed 09/28/18 Entered 09/28/18 15:15:32 Desc Main

 Document Page 5 of 8
S&B# 17-271882

9. That a Proof of Claim for pre-petition arrears was filed with this Court on 

Movant’s behalf on March 23, 2018, in the amount of $12,693.47.

10. That the Movant has elected to initiate foreclosure proceedings on the Property 

with respect to the Deed of Trust, but is prevented by the Automatic Stay from going forward 

with these proceedings.

11. That continuation of the automatic stay pursuant to 11 U.S.C. § 362(a) will work 

real and irreparable harm and deprive the Movant of the adequate protection to which it is 

entitled under 11 U.S.C. § 362.

12. That the Movant has requested that the Court hear this matter on November 14, 

2018 at 9:00 AM.

Case 17-35694-KLP Doc 26 Filed 09/28/18 Entered 09/28/18 15:15:32 Desc Main

 Document Page 6 of 8
S&B# 17-271882

WHEREFORE, Movant prays for an order granting relief from the Automatic Stay in 

order to pursue its remedies under the terms of its Note and Deed of Trust, that the fourteen (14) 

day waiting period imposed by F.R.B.P. 4001(a)(3) be waived, for its attorneys fees’ and costs 

expended, and for such other and further relief as the Court and equity deem appropriate.

SHAPIRO & BROWN, LLP Dated: September 28, 2018

ATTORNEYS FOR THE MOVANT

/s/ Mary F. Balthasar Lake

BY: Gregory N. Britto, Esquire

VSB #23476

William M. Savage, Esquire

VSB #26155

Malcolm B. Savage, III, Esquire

VSB #91050

Thomas J. Gartner, Esquire

VSB #79340

Mary F. Balthasar Lake, Esquire

VSB #34899

Matthew Beddingfield, Esquire

VSB #87305

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

Case 17-35694-KLP Doc 26 Filed 09/28/18 Entered 09/28/18 15:15:32 Desc Main

 Document Page 7 of 8
S&B# 17-271882

Certificate of Service

I certify that I have this 28th day of September, 2018, electronically transmitted and/or 

mailed by first class mail, true copies of the Motion for Relief from the Automatic Stay and 

Notice of Motion and Hearing to each party required to receive notice. 

JULIA BONHAM ADAIR

HATHAWAY ADAIR, P.C

710 N. HAMILTON STREET

SUITE 100

Richmond, VA 23221

Suzanne E. Wade

P.O. Box 1780

Richmond, VA 23218-1780

Gwendolyn Antionette Pleasant-Green

13080 Ladysmith Rd

Ruther Glen, VA 22546

/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire

VSB #23476

William M. Savage, Esquire

VSB #26155

Malcolm B. Savage, III, Esquire

VSB #91050

Thomas J. Gartner, Esquire

VSB #79340

Mary F. Balthasar Lake, Esquire

VSB #34899

Matthew Beddingfield, Esquire

VSB #87305

Case 17-35694-KLP Doc 26 Filed 09/28/18 Entered 09/28/18 15:15:32 Desc Main

 Document Page 8 of 8