HomeMy WebLinkAbout12-5110 ' I'~
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tlf TFiE F'ROTHOP~OTARY
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~:t;'MBERLAND COl1NTY
PEF~FiSYL'JANIA
PHELAN HALLINAN & SCHMIEG, LLP ATTORNEY FOR PLAINTIF
Matthew Brushwood, Esq., Id. No.310592
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS
FORT MILL, SC 29715
CIVIL DIVISION
Plaintiff
v. TERM n
.511v ~.~<<
MICHAEL S. GEORGE NO. ~ a
12 KENNSINGTON CT
CARLISLE, PA 17013-4813 CUMBERLAND COUNTY
SHELLEY A. GEORGE
23 STAMY ROAD
NEWVILLE, PA 17241-9101
Defendants
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE
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File 300158 # p'1 ~ 7
C k.
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that i
you fail to do so, the case may proceed without you, and a judgment may be entered against yo
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File 300158
_ _ _
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1. Plaintiff is
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) aze:
MICHAEL S. GEORGE
12 KENNSINGTON CT
CARLISLE, PA 17013-4813
SHELLEY A. GEORGE
23 STAMY ROAD
NEWVILLE, PA 17241-9101
who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 06/20/2008 MICHAEL S. GEORGE and SHELLEY A. GEORGE made, executed
and delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR
COMMERCE BANK/HARRISBURG, N.A which mortgage is recorded in the Office o
the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No.
200821482. By Assignment of Mortgage recorded 04/10/2012 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage
Instrument No. 201210251.The mortgage and assignment(s), if any, aze matters of publi
record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g);
which Rule relieves the Plaintiff from its obligations to attach documents to pleadings i
those documents aze of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon sai
mortgage due 02/01 /2012 and each month thereafter are due and unpaid, and by the to s
File 300158
_
of said mortgage, upon failure of Mortgagor to make such payments after a date specifie
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage as of August 9, 2012:
Principal Balance $213,622.21
Interest $7,111.22
O 1 /0l /2012 through 08/09/2012
Late Charges $191.64
Property Inspections $75.00
Escrow Deficit $10,887.07
TOTAL $231,887.14
7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default
required by the mortgage document, as applicable, have been sent to the Defendant(s) o
the date(s) set forth thereon.
File 1t: 300158
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$231,887.14, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN AN & SCHMIEG, LLP
ay:
a e hwo ,Esquire
ttorney f iff
Fite 300158
7 . _ - r _ _
LEGAL DESCRIPTION
ALL that certain tract or lot of ground situate in North Newton Township, Cumberland county,
PA, bounded and described in accordance with a certain Final Subdivision Plan for Joel Stamy
prepared by Eric L. Diffenbaugh, Registered Professional Land Surveyor, dated May 6, 1991,
consisting of two pages, a copy of which is recorded in the Cumberland County Recorder's
Office in Plan Book 63, Page 131, on December 20, 1991, and incorporated herein by reference
as follows:
BEGINNING at a set railroad spike on the centerline of Stamy Road (T-400) at the southeasterl
corner of Lot 5, Tract No. 1 above; thence along the dividing line between Lot 5 and Lot 6 of th
aforesaid Plan and through a set iron pin 25.15 feet distant from the beginning of this course,
North 30 degrees 42 minutes 23 seconds East 715.71 feet to a set iron pin at line of lands now
formerly of Robert L. Hoover; thence by said lands now or formerly of Hoover, South 59 degre s
17 minutes 37 seconds East 661.76 feet to a set iron pin; thence continuing by same, South 50
degrees 9 minutes 4 seconds East 19.10 feet to an existing iron pin at the dividing line between
Lot 6 and Lot 7 of said plan, South 64 degrees 10 minutes 59 seconds West 642.09 feet to a set
iron pin; thence continuing along aforesaid dividing line and through a set iron in 25.07 feet
distant from the end of this course, South 30 degrees 42 minutes 23 seconds West 201.20 feet t
a set railroad spike on the centerline of Stamy Road (T-400); thence in and along the centerline
of said road, North 55 .degrees 4 minutes 16 seconds West 327.33 feet to a set railroad spike at
the southeasterly corner of Lot 5, the point and place of BEGINNING.
BEING all of Lot 6 of the above mentioned Subdivision Plan, recorded as aforesaid.
File 300158
T
PROPERTY ADDRESS: 23 STAMP ROAD, NEWVILLE, PA 17241-9101
PARCEL # 30-08-0593-106
30-08-0593-105
File 300158
_ _ ~
VERIFICATION
Linda Duncan, hereby states that he he ' Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that he she ' authorized to make this Verification, and verify that the statements
made in the foregoing Civil Action in Mortgage Foreclosure aze true and correct to the
best of hi er ormation and belief. The undersigned understands that this statement is
made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
Name: Linda Duncan
DATE: ~ ~
Title: Vice President Loan Documentation
Name: George
File 300158
032-PA-V3
' I~
FORM 1
^x
IN THE COURT OF COMMON P~AS~
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNS~.Vt}~jIA
Plaintiffs) a ~ ~ ran r-~,.-,
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vs. .NBA
Z
MICHAEL S. GEORGE A~ ~
SHELLEY A. GEORGE Z c~ ~ p
Defendant(s) l.Civil 7~ ~ ~ y". ,
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NOTICE OF RESIDENTIAL MORTGAGE FORECLOS~JRE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be ble to
participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation confe ence.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 24 -9400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge t you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your egal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of e
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will h e an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with y
lender before the mortgage foreclosure suit proceeds forwazd.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a leg 1
representative. However, you must provide your lawyer with all requested fmancial information so that a loan reso tion
proposal can be prepazed on your behalf. If you and your lawyer complete a financial worksheet in the format attac ed
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be file
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation confere ce is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reas nable
arguments with your lender before the mortgage foreclosure suit proceeds forwazd.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
/
Date M ew hwood, Esquire
Attorney for Plaintiff
i ,
• I
' I
' FORM 2 i
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to dete ine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ? No ? Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ? No ?
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
_ _ _ i ,
•
. Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile # 1: Model: Year:
Amount owed: Value:
Automobile #2: Model: Year:
Amount owed: Value:
Other transportation automobiles, boats, motorcales): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
I . Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
MontWv Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mort a e Food
2" Mort a e Utilities
Car Pa ent s Condo/Nei .Fees
Auto Insurance Med. not covered
Auto fueUre airs Other ro a ent
Install. Loan Pa ent Cable TV
Child Su ort/Alim. S ndin Mone
Da /Child Care/Tuit. Other Ex enses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency: Counselor:
Phone (Office): Fax:
_ _ _ _ ~
I
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve yo r
delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
I/We, ,authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluati g my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligatio to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document. along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (bar hip
letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
`Li-0,r F1f r
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2012 SEf -6 AM 14*, 14
(-U PEA iS ?AMUA ?'Y
Wells Fargo tank,N.A.
C N br
VS.
Michael S. George (et al.)
SHERIFF'S RETURN OF SERVICE
ase um e
2012-5110
08/24/2012 08:12 ;'PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August
24, 2412 at 2012 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and
Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit:
Shelly A. George, by making known unto herself personally, at 1160 Redwood Drive, Carlisle,
Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the
said true and correct copy of the same.
7 LL,
08/24/2012 08:321 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August
24, 2Q12 at 2032 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and
Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit:
Michael S. George, by making known unto himself personally, at 12 Kennsington Court, Carlisle,
Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the
said true and correct copy of the same.
TSHALL, DEPUTY
08/27/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Shelley A. George, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Shelley A. Geroge. Request for service at 23 Stamy Road, Newville, Pennsylvania 17241 is
vacant. Shelley A. George currently resides at 1160 Redwood Drive, Carlisle, Pennsylvania 17013.
08/27/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and 6quiry for the within named defendant to wit: Michael S. George, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Michael S. Geroge. Request for service at 23 Stamy Road, Newville, Pennsylvania 17241 is
vacant. Michael S. George currently resides at 12 Kensington Court, Carlisle, Pennsylvania 17013.
08/27/2012 08:09 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a
dilig nt search and inquiry for the within named defendant to wit: Michael S. George, but was unable to
loca a him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice
of R sidential Mortgage Foreclosure Diversion Program as not found as to the defendant Michael S.
Ge ge. Request for service at 1160 Redwood Drive, Carlisle, Pennsylvania 17013 is the residence of
Michael S. George's ex wife. She advised Deputies, Michael S. George currently resides at 12
Kennsington Court, Carlisle, Pennsylvania 17013.
(c) CountySuite Sheriff, Teleosott. Inc.
08/27/2012 08:12 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Shelley A. George, but was unable to
locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice
of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Shelley A.
George. Request for service at 12 Kennsington Court, Carlisle, Pennsylvania 17013 is the Defendants
Ex Husbands residence. Shelly A. George currently resides at 1160 Redwood Drive, Carlisle,
Pennsylvania 17013.
idU4T§HALLLC,bePaTY--
SHERIFF COST: $1152.00
August 29, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft. Inc.
WELLS FARGO BANK, N.A.
Plaintiff
V.
MICHAEL S. GEORGE
SHELLEY A. GEORGE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012-5110 CIVIL TERM
CIVIL ACTION-LAW
NOTICE TO PLEAD
TO: Matthew Brushwood, Esquire
Phelan, Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, Pennsylvania 19103
LL
-
rte, Y
You are hereby notified that you have twenty (20) days in which to plead to the
enclosed Answer With New Matter of Defendant, Michael George or a Default
Judgment may be entered against you.
Respectfully submitted,
BARIC SCHERER LLC
Date: MffhIL4 A. c erer, Esquire
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
WELLS FARGO BANK, N.A.
Plaintiff
V.
MICHAEL S. GEORGE
SHELLEY A. GEORGE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012-5110 CIVIL TERM
CIVIL ACTION-LAW
ANSWER WITH NEW MATTER OF
DEFENDANT, MICHAEL S. GEORGE
AND NOW, comes Michael S. George, by and through his attorney, Michael A.
Scherer, Esquire, and respectfully represents as follows:
1. - 5. Admitted.
6. Denied. Answering defendant is unable to compute the amount
defendants owe plaintiff and strict proof is demanded at the time of trial.
7. -8. Admitted.
NEW MATTER
9. The defendants are divorced by Decree dated September 26, 2012.
10. A claim for equitable distribution of the defendants' marital property
remains pending in connection with the divorce action referenced in the preceding
paragraph.
11. The defendants' real estate is listed for sale at $375,900.00 with a payoff
of $231,887.14 and after customary closing costs the parties believe there to be equity
of approximately $144,012.86.
12. There is equity in the defendants' residence which is the subject of the
foreclosure action and the equity in the martial residence is the subject of the equitable
distribution claim that has been preserved in the divorce action referenced herein.
13. The defendants' real estate has attracted interested parties and it is
believed that further marketing will result in a sale of the property.
WHEREFORE, defendants' request that the foreclosure be delayed to allow the
parties additional time to market and sell the property in order to realize the full amount
of equity in the property.
Respectfully submitted,
BARIC SCHERER LLC
e A. Scherer, Esquire
TWest South Street
Date: October 11, 2012 Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
The statements in the foregoing Answer With New Matter Of Defendant, Michael
S. George are based upon information which has been assembled by my attorney in
this litigation. The language of the statements is not my own. I have read the
statements; and to the extent that they are based upon information which I have given
to my counsel, they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
DATE: A4 ° V/?-
ichael S. Georg
CERTIFICATE OF SERVICE
I hereby certify that on October 11, 2012, I, Jennifer S. Lindsay, secretary at Baric
Scherer LLC, did serve a copy of the Answer With New Matter Of Defendant Michael
George, by first class U.S. mail, postage prepaid, to the parties listed below, as follows:
Matthew Brushwood, Esquire
Phelan, Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, Pennsylvania 19103
Marianne Rudebusch, Esquire
4711 Locust Lane
Harrisburg, Pennsylvania 17109
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PHELAN H,ALLINAN & SCHMIEG, LLP
BY: JAMES A. PROSTKO, ESQUIRE
Identification No. 27221
Omni William Penn Office "Tower
555 Grant Street, Suite 360
Pittsburgh. PA 15? 19
(412) 7~5-0600 Ext. 1501
ATTORNEY FOR PLAIN 7 I F F
WELL~~ FARGO BANK, N.A.,
Plaintiff,
vs.
MICHAEL S. GEORGE
SHELLEY A. GEORGE
G~URT OF COMMi~N Pi.,EAS
CUMBERLAND CCrLT,i"I'Y
CIVIL DIVISION
Defendants.
NO. 12-~~ll0
PLAINTIFF'S REPLY TO DEFENllANT,
MICHAEL S. GEORGE'S NEW MATTER
Plaintiff, Wells Fargo Bank, N.A., by its attorney, .lames A. Prostko. F.sq~.iire, hereby files
the within Reply to New Matter of Defendant Michael S. George .and states as follo~~s
Plaintiff incorporates herein by reference the averments of paragraphs one (1) through eight (8) of
its Complaint as if set forth herein at length.
t~. Denied. Plaintiff is without information sufficient t:o form a belief as t_o the truth of
the averments contained in paragraph nine (9) and they are therefore denied. By wav cif aurther
response. the allegations set forth in paragraph nine (9) do not serve as a defense to the foreclosure
300158
action. The instant mortgage does not contain any release of the mortgagor's obligations in the
event of a divorce.
10. Denied. Plaintiff is without information sufficient to form abelief a-; ~o the truth of
the averments contained in paragraph ten (f 0) and they are therefore denied. By wav of fiirther
response, the allegations set forth in paragraph ten (10) do not serve as a. defense to 1:he foreclosure
action. The instant mortgage does not contain any release of the mortgagor's obligations in the
event o ~ a di vorce.
11. Denied. Plaintiff is without information sufficient to form a belief as t,:~ ~'he truth of
the averments contained in paragraph eleven (11) and they are therefore denied. By v.~a~,~ of further
response. the allegations set forth in paragraph eleven (11) do not= serve as a defense try the
foreclosure action.
1 ?. Denied. Plaintiff is without information sufficiem: to form a belief as to the truth of
the averments contained in paragraph twelve (12) and they are therefore denied. By ~,a~~ of further
response. the allegations set forth in paragraph twelve (12) do not. serve as a defense to tht.
foreclosure action.
3. Denied. Plaintiff is without information sufficient to form a belief as to tlhe truth of
the averments contained in paragraph thirteen (I 3) and they are therefore denied. Bti ~,v~iy of
further response.. the allegations set forth in paragraph thirteen (1 ~) do not serve as a defense to the
foreclos~+,~re action.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and
against Defendant. Michael S. George, as requested in Plaintiffs Complaint.
2
300158
Respectfully submitted,
PHELAN HALI,INAN & SCHMIIf?G, LLP
Date: C-ctober 26, 2012 ~' ~ ~
a es A. Prostk .Esquire
ttorney for Plaintiff
3001 i8
PNEL~IN HALLINAN & SCHMIEG, LLP
BY: J.~~MES A. PROSTKO, ESQUIRE
Identif~~eation No. 27221
Omni William Penn Office Tower
555 Grant Street, Suite 360
Pittsburgh. PA 15219
(4121745-0600
ATTORNEY FOR PLAINI'LFF
WELLS EARGO BANK, N.A.,
Plaintiff,
vs.
MICHI~~E1. S. GEORGE
SHEL]_,F,Y A. GEORGE
COURT OF COMNI:OT,' PLEAS
CUMBERLAND COU'~TY
CIVIL DIVISION
Defendants.
NO. 12-.51 I 0
CERTIFICATE OF SERVICE,
J certify that a true and correct copy of Plaintiff s Reply to Defendant Michael S. Georges's
New Matter was sent via first class mail to the person(s) listed below on the date indicated:
MICR A.EL A. SCHERER, Esquire
19 WEST SOUTH STREET
CARLISLE.. PA 17013
SHELLEY A. GEORGE
1160 RI--~DWOOD DRIVE
CARLISLE. PA ]7013
(pro-se)
DATE: t )ctober 26, 2012
~:.
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4/~' ~f~~ c, .~~ -
a es A. Prostk~,~, squire
~~orney for Plaintiff
300158
s' Sri PROTHF F,"
ONOTAR j.
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
2013 JAN -8 AM 10: 07
Attorney For Plaintiff
- MBER.LA.NQ COUNTY
PENNaYLVANIA
WELLS FARGO BANK, N.A. Court of Common Pleas
Plaintiff
Civil Division
vs
CUMBERLAND County
MICHAEL S. GEORGE
SHELLEY A. GEORGE No. 12-5110-CIVIL
Defendant
TO THE PROTHONOTARY:
PRAECIPE
? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
® Please mark the above referenced case Settled, Discontinued and Ended.
? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
? Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
? Please Vacate the Judgment entered.
Date: --- Jt f
PHELAN HALLINAN, LLP
By.
Mere With Wooters, Esq., Id. No.307207
Attorney for Plaintiff
PHS # 300158
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
Plaintiff
MICHAEL S. GEORGE
SHELLEY A. GEORGE
Defendant
v.
Attorney for Plaintiff
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 12-5110-CIVIL
PHS # 300158
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below:
MICHAEL A. SCHERER, ESQUIRE
19 WEST SOUTH STREET
CARLISLE, PA 17013
Date: PHELAN HALLINAN, LLP
By: %MdWl?
Meredith Wooters, Esq., Id. No.307207
Attorney for Plaintiff