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Home My WebLink About15-0316 Supreme Courf6fTennsylvania Court:Of:C0in111on Pleas For Prothonotary Use Only: J. C1Vil CO.er Sheet Docket No: County �.fj65 -Dv3 I b The information collected on this form is used solely for court administration purposes. This form does not S'ltpplel7lerlt or'l'eplctce the?fi/ir7g acrd sel'Vlce of pleadiii s or otherl7ctpel"s as regzi.ired by laYl%or rilles of'eoz[rt. Co encement of Action: S Complaint El Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: ead Defendant's Name: c �� T ed I Are money damages requested? ❑Yes �No Dollar Amount quested: ❑within arbitration limits (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑Yes )5KNo Is this an MDJAppeal? ❑ Yes ❑ No A Name of Plaintiff/Appellant's Attorney: � / C06 rel- ❑ C:heck here if}our have i10 attorne}• (tyre a Self-Represented [Pr b Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability(does not include E mass tort) El Employment Dispute: Slander/Libel/Defamation Discrimination El C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board i T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS i ❑ Toxic Waste M Other: ❑ Ejectment Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑Declaratory Judgment Ground Rent Mandamus a ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal 'Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 11112011 Sheri D. Coover, Esquire Attorney ID 93285 j 5 ,jjN 16 PH [ : (;3 Carrucoli and Associates,P.C. 44 S. Hanover Streetr U Q r AND C Q U h 1 y ti Carlisle, PA 17013 P EN N S Y L VA 11 A (717)243-9190 KENNETH THEOBOLD, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. cac— T" CASENO. O�S — 0031� EMPIRE FUNDING CORPORATION AKA CALMCO AND P.B. REIT, INC., : Defendants ACTION TO QUIET TITLE NOTICE TO DEFEND 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 if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without fi ther 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. 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 OAS. �s (ax zf4 yy IZ3 �s AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our Office. All arrangements must be made at least 72 hours perior to any hearing or business before the Court. J• Sheri D. Coover, Esquire Attorney ID 93285 Carrucoli and Associates,P.C. 44 S. Hanover Street Carlisle,PA 17013 (717)243-9190 KENNETH THEOBOLD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. CASE NO. EMPIRE FUNDING CORPORATION AKA CALMCO AND P.B. REIT, INC., Defendants ACTION TO QUIET TITLE COMPLAINT TO QUIET TITLE AND COMPEL SATISFACTION OF MORTGAGE AND NOW, comes Plaintiff Kenneth Theobold, by and through his attorneys, Sheri D. Coover, Esquire and the law firm of Carrucoli and Associates,P.C., and files the following COMPLAINT TO QUIET TITLE AND COMPEL SATISFACTION OF MORTGAGE and in support thereof avers as follows: 1. Plaintiff, Kenneth Theobold, is an adult individual residing at 4121 Enola Road, Township of Upper Frankford,Newville,Pennsylvania. 2. Defendant Empire Funding Corportation, also known as Calmco, is a company with an unknown address or who is otherwise no longer in business. 3. P.B. Reit, Inc. is a company with an unknown address or who is otherwise no longer in business. 4. Jurisdiction is proper in Cumberland County because Plaintiff is seeking to have a mortgage recorded with the Cumberland County Recorder.of Deeds Office marked as satisfied. 5. On September 24, 1999, Plaintiff acquired a second mortgage on his real estate located at 4121 Enola Road, Township of Upper Frankford, Newville Pennsylvania in the amount of$14,200.00 with Empire Funding Corporation, who is also known as Calmco (See, Exhibit A,Assignment of Mortgage). 6. On September 27, 1999, Empire's second mortgage was recorded with the Cumberland County Recorder of Deeds Office in Mortgage Book 1572 page 793. (See, Exhibit A). 7. On April 19, 2002,Petitioner refinanced the property with Ameriquest. 8. As a result of the refinancing, Ameriquest Mortgage Company paid off the Petitioner's second mortgage with Empire Funding Group (A true and correct copy of the Settlement statement of the Petitioner's refinance with Ameriquest is hereby attached as `Exhibit B." The amount paid off to Empire is identified under"Disbursement to Others" for CALMCO, Inc. as $12,456.05). 9. Empire never recorded the satisfaction piece with the Cumberland County Recorder of Deeds Office to have the second mortgage of the property marked as satisfied. 10. Ameriquest notified Erie Insurance Group to delete Empire Funding Group as having an interest in the property as evidenced by"Exhibit C." 11. On June 12, 2002, Empire Funding Group filed an Assignment of Mortgage on the property to P.B. Reit, Inc. under mortgage book 687 page 4356. (Please note that Assignment of Mortgage lists CALMCO #as reflected on Ameriquest Settlement sheet). 12. Neither the mortgage identified in book 1572 page 793 nor the reassignment of mortgage recorded in book 687 page 4536 have ever been marked as satisfied. 13. Plaintiff is unable to get Ameriquest to issue a satisfaction of the mortgage under mortgage book 687 page 4536 because they are no longer in business. 14. Plaintiff is unable to get Empire Funding Group to issue a satisfaction of the mortgage under mortgage book 687 page 4536 because they are no longer in business. 15. Plaintiff is unable to get P.B. Reit, Inc. to issue a satisfaction of the mortgage under mortgage book 687 page 4536 because they are no longer in business. 16. The office of the undersigned attorney has conducted a thorough search and ascertained that the Plaintiff does not owe any outstanding funds to the now defunct P.B. Reit, Inc., despite the fact that no satisfaction piece has been recorded concerning the mortgage. 17. Since neither Empire Funding Group nor P.B. Reit, Incorporated are any longer in business, undersigned counsel is unable to deliver to the mortgagee notice of intent to present a satisfaction piece for recording as described in the Mortgage Satisfaction Act. 18. Undersigned counsel has no actual knowledge of any objection by the defunct companies Empire Funding Group, P.B. Reit, Inc. or any other entity of the recording of a satisfaction of the second mortgage. 19. The financial institutions failure to satisfy the mortgage obscures plaintiff's title to the property. 20. Plaintiff is suffering harm in having the mortgage continue to remain recorded in the Recorder of Deeds Office as he is unable to obtain refinancing on the property due to the title search reflecting that an outstanding mortgage exists on the property. 21. Plaintiff has no other remedy available to him other than to request that this Honorable Court issue an Order directing that the Recorder of Deeds Office have the mortgages recorded under mortgage book 1572 page 793 and mortgage book 687 page 4536 marked as satisfied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an Order directing that the mortgages recorded under mortgage book 1572 page 793 and mortgage book 687 page 4536 be marked as satisfied. R ctfully submitted, eri D. Coover, Esquire Attorney ID 93285 Carrucoli and Associates,P.C. 44 S. Hanover Street Carlisle, PA 17013 (717)243-9190 Sheri D. Coover, Esquire Attorney ID 93285 Carrucoli and Associates, P.C. 44 S. Hanover Street Carlisle, PA .17013 (717) 243-9190 KENNETH THEOBOLD, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. TAMMY SHEARER in her official Capacity as Recorder of Deeds of Cumberland County, Pennsylvania ACTION IN MANDAMUS VERIFICATION I, Kenneth Theobold, hereby verify that I have reviewed the foregoing COMPLAINT IN MANDAMUS and verify that the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that I can be subject to the penalties of perjury under 18 Pa.C.S. § 4904 for any false statements contained therein. Kenneth Theobold Date 09/30/2013 15:53 FAX 90001/0002 EMPIRE#: 5268541 CA"1KCO#: 1000177368 'OD-ERT F. ZI€GL€R INV & POOL#: 62-06 TAX CODE/Pia.: :••• 0F DEEDS ASSIG '^UNTY-PA LAMENT OF MORTGAGE is FORherGOODeby Arm VALVABLB CONSIDERATION, the sufficien • cN 12 IRM 10 31 acknowledged, the undersigned, cy ofwhich EMPIRE Po"ING CORP., d/b/a REAL MONgy EMPIRE FUMING CORP., , d/b/a OKLAHOMA whose address an Oklahoma Corporation, is 7000 N. Mopac Rxpressway, 2nd Floor, Austin, TX 78731, (assignor) , by these presents does convey, grant, sell, assign, transfer and set over the described mortgage together with the certain note(s) described therein together with all interest secured thereby, all liens, and any rights due or to become due thereon to PS REIT, INC., a Delaware Corporation, whose address is 256 Chapman Road, Newark, DE 19702, its successors or assigns, (assignee) . Said mortgage dated 09/24/99 in the amount of $14,20p,00 made by REMETK P THEOBOLD to EMPIRE FMiDING CORP. recorded on 09/27/99, in the Office of the Recorder of Deeds Of CUMBERLAND County, Pennsylvania, in Book 1572 , Page 793 (or Document No. Mortgage Premise:4121 ENOLA ROAD ) TWP OF UPPER FRANKFORD 17241 In witness whereof, L the said Corporation has caused this instrument to be executed in its corporate name by STEVEN S. TUROFF its PRESIDENT and authorized Si this 9th day of April, 2002 goer, EMPIRE FUNDING CORP. d/b/a REAL =My, d/b/a OKLA80MA EMPIRE FUNDING CORP. BY: -� Srav�r S, TQROFF PRESIDENT STATE OF TEXAS COUNTY OF DALLAS On 04/09/2002 before me, LINDA NELSON Notary Public, personally appeared STEVEN S. the Undersigned, who acknowledged to be the PRESIDENT TUROFF EMPIRE FUNDING CORP. d/b/a REAL MONEY, of d/b/a OKLAHOMA EMPIRE FUNDING CORP. a corporation, and that s/he as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by themselves as such corp- orate officers. IN WITNESS WHEREOF, I hereunto set my hand and Official seal_ / f� LMDA L IND H MYC,pyMISS OWN p�qQ MY c ssion expfres:10/16/2003 Publicr Octaber162003 PB REIT,iNC.,a Delaware Cor �Y that the address of the above a�gnee is: whose address is 256 po Chapman Roadd,,NNcewark,DE 19702, its s=ccmt%or assigns,(assignee). Prepared by:D.Colon/NI'C,I0l N.Brand 171800,Glendale,CA 91203(80346-9152 Return to: Nationwide Title Clearing 101 W. Brand #1800 Glendale, CA 91203 EXH1131T eoo>t 687 PAGE4,536 oI Forntrlte�„°>K V•a d T4�ngleM kw I ►alt8ao0o 16out 8 1Helbrs Cewww"m� 0618 A nP•oval r4o:2so2.gta1 Name B AdheasalBorgwe� WU )xtETli P TN6l)817Lp Arrlerfqueaf64oriDago Gor, t,y 4121 ENOLA RD NEN'h11.E,PA 1721;1 214 Stine Avo..0 200 Capp HMI,PA 17011 �PedY LOC�Merl:pf4ilhiNnt Mom iDOV�)' Sgsemenl\Best 121 EN1)I n RD.1vEYVy11 LE,PA 17241 Che lheoa N SNBAteeak 100*gems pay"In CorxMcftn wHA Latin 1nu 601.'1-peap�yiado0� '%y, Niainenl . 0096ti5>SZZ-Sgg/ 807.I.oaodP.00tnt 003'9Q o AN16fiqueat•yyll1ap, 600.APP$dsd fee 16 APp('/IPPRN9/y($ DI714a19aRlBlli 10 Ofhets ao4,CredY' ti dz7xo0 repot!to -� 7501. . 806 ArPocbt'WiD BAIMCQFAAERICA ,. 1602 CAL.MQOMC Nos Ykld SynNd PnalPOt b 1503. eoe NFW CU618ERLAND F CIJ pray 810.tax R*dpdBarMDeF"iD JYarlOOBe1504. 611.Flood SgroA Feel*AyAdgt"mmtm Y NO WAFEST 6AVINCi$8n M7 012laedors PMppgrsa I ie 6i Artiorkleost 11oRpa�pa` - 1606. - - - - aia;Alkib,to/4ne,rpuOetAb�y,Co;,o,�,r �IeF.R9lsrl�cu py) 014 Goo Plnp FN b 1606. 6. RepptF+eto 10 Orli e6ai Fee `%b 1607. 10.Service PMW*d Fee Eo Fee b' 1608. l 821.tlnda+mllGg Fee b 622 foe b 1610. l order to 801.kde�aq frau to 0601I80o2 O 123.72 pa - 1611. 802 taivastpPFURIUMOW -wl..b 803. PreMWM la 1512. 604.Rood b 1000 .Resm", wOh 1618. toot.H=fd 5 oas01 1002 hlivanoe moeau a= "WN h 1514. 1003 tsmc mooks ai rmmdh -brae M-ft O a per rocom lots. 1006 aseew -mmomo5 onr0 1008 Flood �ronlf�s i mosW 1520.TOTAL DtSBUitSy onlron0ooI" 10D7. mxihsQ= permorral '1008. 100,THIS Chwass itoi.$aW-M a dmba to b 1102.Ab*odoidreseachb - Ila 7*e eoieniieNstr Io i104 Tisolmuronoo0lndorb T041WAe 5108830.86 I 1105.Doaunerd Prc18so8on b 1108,Naim foes b 1107. Im b 1100.Tab km b-M b E10g FOANCIIY L r I 19&1.4ndwla ooreraBe L 8 1 76 I 1114 t7,weaf'e ooiRr�go 5 1111.•S foo b 1111E wiFeeto I 200:QOvorwrrenf taacordin I and TralmW Charges 1201.I�eoordY0lee¢ I Ia012 IMI Sh1aW0slseps f0 N. MET SETTLEWNT 120/.Shea 1� 1205.State giedllc foe 1800.Loan Amount 900.Addtti011a1 SetBemenl 12g1.Deras�db 1601.PWaCH blc2k& tfi,&"8,10V 7 1902 Pyt Itippgjpn tp 1iap4-VDV Fee 10Mpins.WAUn Tote)&&gement Chara" FNs b 180.9.W-TOW1520 mnb Io()U,, 1807 1W4.Equals Disburee16eats bIBW&&t EXHIBIT IM tamer Foo t -Ph-GM Of 811Y Wilcable mai:sb. 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' • GENU 15T •.� .,s MORTGAGEE ON PRIMA,Ry DWEx, q�{ 7 0-ftI(U86T MORTGA 1 GB CO •.: ��'fi SOCCSSORS AND OR ASSjGNS V 0 BOX 57064 CA DI,L'q'a 2ND MORTGAGEE ON P • E FONDING CORP PRIMARY Di1��.11 OA ATJ.IO► 7 Ai11�8GGREAT I&XLLS TRAx1, <i I ' a.y...•1.•M.rw�y..�.r•wwwrrwww«•.rw 787��•-6��: . '` • . :�:� • • wrwy.y_,�,r„r�r rMMrMM7�N1•'�M.wi�. . • • . , •,rrti.YMr"�wrr'�Mwr�r•rw•rrM•�1�.r•w1� M • N Tx .•. a •� . IF th#e change affects • separate ohange request x �0':?� pa##cY� 1�1$�s� alubwt rr�.wrrw«.rr rte» _ Dry r•rr �.w.•.rrrw frrw .• tttt r ., I AW``'' DAT RE CEIVED): 04/24/2002 t"rNi Ct•R ,F FAM COMPLETED 8Y: RJg F''_ EXHIBIT t"*ATUA$ .Of NAMEDi' •• ' } rNSURFiD (iF AGENCY •' 1• •"'1 M.+..r.�w-.•wry....wN.r-.—r—wrwwwrrw�.rr+wtiar.�+r.r�Nw ____jp=��,►r.+....w..... � I ` • M l fU1�A08111 IFIW' le8elttlflp _ — . . . ;• :t 7 Sheri D. Coover, Esquire �.. -. Attorney ID 93285 Carrucoli and Associates, P.C. 44 S. Hanover Street 2015 JAN 16 PM 1: 43 Carlisle, PA 17013 (717) 243-9190 CUMBERLAND COUNTY PENNSYLVANIA KENNETH THEOBOLD, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, V. PENNSYLVANIA EMPIRE FUNDING C CASE NO. a.blS— Ooc3l� ORPORATION AKA CALMCO AND P.B. REIT, INC., Defendants ACTION TO QUIET TITLE PETITION FOR SERVICE BY PUBLICATION PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 430 AND NOW, comes Plaintiff, Kenneth Theobold, by and through his counsel, Sheri D. Coover, Esquire and the law firm of Carrucoli and Associates, P.C., and files the following PETITION FOR SERVICE BY PUBLICATION PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 430 and petitions this Court to allow him to make service of the above-captioned action by publication and in support thereof avers as follows: I• The Cumberland County Recorder of Deeds Office has a mortgage recorded for the Defendants against property owned by the Plaintiff at mortgage book 687 page 4536. 2. Counsel for the Plaintiff has made diligent attempts to contact the Defendants by taking the following actions: a. Counsel for Plaintiff tried to contact Ameriquest Mortgage Company. The .phone number is no longer in service and conducted an internet search which provided no results. b. Counsel for Plaintiff tried to contact Empire Funding Group/Calmco Inc. The phone number is no longer in service and conducted an internet search which provided no results. c. Council for Plaintiff tried to contact P.B REIT, Inc. The phone number is no longer in service and conducted an internet search which provided no results. I 3. All attempts to contact the Defendants by Plaintiff's counsel have been unsuccessful. 4. Plaintiff and undersigned counsel believe that the financial institution Defendants no longer exist and that the mortgages have been satisfied. 5. Pursuant to Pennsylvania Rule of Civil Procedure Rule 430, this Court has the ability to grant service by publication upon a showing of due diligence. 6. The diligence employed by Plaintiff's counsel to locate the Defendants has been reasonable and adequate under the circumstances. 7. The official newspaper for Cumberland County is the Carlisle Evening Sentinel. 8. As the mortgage at issue is recorded in the Cumberland County Recorder of Deeds Office, service by publication should be made in the Carlisle Evening Sentinel. WHEREFORE, this Honorable Court is requested to grant Plaintiff leave to publicize the Notice to Defend that initiated this action in the Carlisle Evening Sentinel as service of notice of the above-captioned action. 6RE P TFU SUBMITTED, eri D. oover, Esquire orney ID 93285 Carrucoli and Associates, P.C. 44 S. Hanover Street Carlisle, Pa 17013 (717) 243-9190 r C ATTORNEY VERIFICATION I, Sheri D. Coover, Esquire hereby-verify that the statements made in the foregoing PETITION are true and correct. I understand that I can be subject to the penalties of 18 Pa.C.S. §4904 for any false stateme t contained herein. S ri . Coover, Esquire Date