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STATE OF MAINE SUPERIOR COURT PENOBSCOT, ss CIVL ACTION
II
Docket No. RE-11-19 l J__AAtA.-Pc: ,1-! '/:J! JDtl--BANGOR SAVINGS BANK,
Plaintiff
v. ORDER
FRANCIS P. GABIANELLI A!K/A FRANK P. GABBIANELLI AND JOANNE M. GABBIANELLI,
Defendants
This matter came before the Court for hearing on August 16, 2012. Plaintiff appeared with its attorney, Michael Haenn, Esq. Defendants appeared with their attorneys, Gross, Minsky and Mogul, P .A. The property at issue in this foreclosure case is located in Dixmont, Penobscot County, Maine.
Factual Background and Findings
On March 11, 2003, Francis P. Gabbianelli and Joanne M. Gabbianelli (the only Defendants in this action) and Gabbianelli Enterprises, Inc. (GEl) executed and delivered a commercial promissory note in the original principal amount of $330,000.00 (330K note). Mr. and Mrs. Gabbianelli and GEl executed and delivered a mortgage deed to the Plaintiff with respect to property located at 3 Veterans Highway in Brooks, Maine (the Brooks Property) in favor of Bangor Savings Bank (the Plaintiff) to secure the 330K Note. Mr. and Mrs. Gabbianelli also executed and delivered a mortgage deed to the Plaintiff with respect to their personal residence located at 268 Hog Hill Rd. in Dixmont, Maine (the Dixmont property) to secure the same 330K Note. In 2006, Mr. and Mrs. Gabbianelli and GEl also executed and delivered a 20K Note to the Plaintiff. This Note was secured only by the Brooks property. The Gabbianellis and GEl defaulted on the
330K Note by failing to make required payments and as a result breached conditions in
the mortgages on both the Brooks and Dixmont Properties. 1 The Plaintiff brought
separate foreclosure actions on the mortgages in Waldo and Penobscot Counties.2 On
June 7, 2011, the Belfast District Court in Waldo County entered two Orders: 3 1) with respect to Counts I and II of the Complaint, the two counts of the Complaint that involved allegations against Mr. and Mrs. Gabbianelli, the Court issued an "Order and Judgment of Foreclosure." This Order described the action as a "civil action to foreclose mortgage liens." This "Order and Judgment of Foreclosure" in pertinent part provided as follows: A) " ... the Court hereby ORDERS and ADWDGES a foreclosure ofboth the 330K Mortgage and the 20K Mortgage...," and B) "Ifthe proceeds of the public sale are insufficient to satisfy the amount adjudged to be due and owing to the Plaintiff as provided hereinabove, the Plaintiff shall have the remedies for a deficiency ..."; and 2) with respect to Counts III and IV of the Complaint, the two counts of the Complaint that involved allegations against GEl, the Belfast Court issued an "Order and Judgment." This Order describes the action as a "civil action to enforce the contractual obligations of ... [GEl]." The "Order and Judgment provided in pertinent part as follows: A) " ... it is hereby ORDERD, that judgment be and is hereby entered on Count III
1 The Gabbianellis and GEl also defaulted on the 20K note, and such default was the subject of
Counts II and IV of the Belfast District Court action.
2 The decision to pursue these foreclosure actions in separate counties was not a discretionary
litigation tactic, but instead a requirement under 14 M.R.S.

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Maine Law