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HomeMy WebLinkAbout13-4505 IN THE COURT ;OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. , �. J l Ul ASSIGNEE OF ORRSTOWN BANK VS. DWIGHT L. MARTIN and r. JOANNE S. MARTIN `� GC) ---iG ENTRY OF APPEARANCE_ CONFESSION OF JUDGMENT _, w Pursuant toy the authority contained in the Promissory Note dated June 6, 2009, a copy of which is attached to the Complaint in Confession of Judgment filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff, Magnolia Portfolio, as successor to Orrstown Bank, an against Defendants,-Dwight L. Martin and Joanne S. Martin. li Pri Icipal Balance $402,912.07 Interest to June 12, 2013 $ 14,330.40 Late Charges $ 842:03 Attorneys' fees of 5% $ 20,145.00 Total Due $438,229.50 Dilworth Paxson LLP i By: ` 4Min J. Wis, Esquire j Attorney for Plaintiff 112257711 CP i i . i i I R38 rva fi� -lQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ASSIGNEE OF ORRSTOWN BANK VS. DWIGHT L. MARTIN and JOANNE S. MARTIN C:�l COMPLAINT IN CONFESSION OF JUDGMENT n `y Plaintiff files this Complaint pursuant to Pennsylvania Rule of Civil Procedure 2951(b) for judgment by confession and avers the following: 1. Plaintiff is Magnolia Portfolio, LLC ( "Magnolia "), assignee of Orrstown Bank, with an office located at 4675 MacArthur Court, Suite 1550, Newport Beach, CA 92660. 2. Defendant are Dwight L. Martin and Joanne S. Martin, adult individuals whose last known address is 18321 Dry Run Road, Spring Run, Franklin County, Pennsylvania 17262. 3. Defendants, Mr. and Mrs. Martin, for good and valuable consideration, made and executed in favor of Orrstown Bank, a Promissory Note ( "the Note ") dated December 22, 2009 in the principal amount of $420,000. A true and correct copy of the Note is attached hereto as Exhibit "A" and made a part hereof. 4. By virtue of an assignment on or about February 1, 2013, Magnolia is the assignee of the rights of Orrstown under the Note and related documents. A copy of the assignment is attached hereto as Exhibit B and incorporated by reference. 5. As of June 12, 2013, Defendants, Mr. and Mrs. Martin owe Plaintiff, Magnolia, the following under the terms of the Promissory Note: Principal Balance $402,912.07 Interest to June 12, 2013 $ 14,330.40 Late Charges $ 842.03 Attorneys' fees of 5% $ 20,145.00 Total Due $438,229.50 112257711 6. Per diem interest accrues on the date at the rate of $61.56 7. The Note is in default for Defendants' failure to pay principal and interest when due and owing. Among other things, Defendants have not made payments on the Note in 2013. 8. Judgment has not previously been entered on said in any jurisdiction. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Magnolia demands judgment against Defendants, Dwight L. Martin and Joanne S. Martin in the amount of $438,229.50 plus interest from and after June 12, 2013. Dilworth Paxso , P f By: ` C Martin J. Ws, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 11225771_1 STATE OF CALIFORNIA SS COUNTY OF ORANGE Scott Wissbaum, being duly sworn according to law, deposes and says that he is an Asset Manager of Sabal Financial Group, L.P., the servicer for the loans of Magnolia Portfolio, LLC, plaintiff named herein; that as such he is authorized to take this Affidavit on Magnolia's behalf; that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of his knowledge, information and belief. . Scott Wissbaurn Asset Manager S to and Subscribed before me th1 day SEE ATTACHED of , 2013. Notary Public 11225771_1 , State of California ) County of Orange ) On July ' 30, 2013, before me, V. Hill, Notary Public, personally appeared Scott Wissbaum, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. V. HILL Commission # 2007078 �� Notary Public - California (SEAL) Prange county Notary Public Signature A+ly comfi. D Tres Feb 2017 I Exhibit "A" PROMISSORY NOTE . ..::...:.:.:•.........::..:.::, .. • ........ .......c. .,z ..: ..ate ... .... : Z �� ... h,,, . ....�• #� ate...,. « !• +yxrxw' „•:,:. . :7":M'i.`ii:::r .,_; ..•:,!FRF7.7[rr; s :;tx;:;yy;:Axa>:•�ii�:ik:::;,.) . .,, :.,.....'.i ?[I` Ill ............._....<,aca:::::::: .., ,,.y[i: References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. . Any item above containing " " " "" has been omitted due to text length limitations. Borrower: Dwight L. Martin Lender: ORRSTOWN BANK Joanne S. Martin ORCHARD DRIVE OFFICE 18321 Dry Run Road West 77 EAST KING STREET Spring Run. PA 17262 P 0 BOX 250 SHIPPENSBURG. PA 17257 Principal Amount: $420,000.00 Date of Note: December 22, 2009 Maturity Date: December 22. 2029 PROMISE TO PAY. Dwight L. Martin and Joanne S. Martin I "Borrower ") jointly and severally promise to pay to ORRSTOWN (SANK ( "Lender "). or order. in lawful money of the United States of America. the principal amount of Four Hundred Twenty Thousand & 00 /100 Dollars ($420.000.00), together with Interest on the unpaid principal balance from December 22. 2009. until paid in full. PAYMENT. Borrower will pay this loan in full Immediately upon Lender's demand. If no demand is made. subject to any payment changes resulting from changes In the Index. Borrower will pay this loan in 239 regular payments of $2.405.79 each and one Irregular last payment estimated at $223.284.28• Borrower's first payment is due January 22. 2010. and all subsequent payments are due on the same day of each month after that. Borrower will continue to make payments on this loan until this Note is paid In full or until Lender makes demand for payment in full, whichever occurs first. Unless otherwise agreed or required by applicable law. payments will be applied first to any accrued unpaid Interest: then to principal: then to any late charges: and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST.RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Wall Street Prime (the "Index "). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan. Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The Interest rate change will riot occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. Interest on the unpaid principal balance of this Note will be calculated as described In the "INTEREST CALCULATION METHOD" paragraph using a rate equal to the Index. adjusted if necessary for any minimum and maximum rate limitations described below. resulting In an initial rate of 5.500% per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this Note be less than 5.500% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate. Lender. at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date. (B) increase Borrower's payments to cover . accruing interest. (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651360 basis: that is. by applying the ratio of the interest rate over a year of 360 days. multiplied by the outstanding principal balance. multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not. unless agreed to by Lender in writing. relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather. early payments will reduce the principal balance due and may result In Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid In full ". "without recourse ". or similar language. If Borrower sends such a payment. Lender may accept it without losing any of Lender's rights under this Note. and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts. Including any check - or other payment Instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Orrstown Bank. North Pointe Operations Center. 2695 Philadelphia Avenue Chambersburg. PA 17201. LATE CHARGE. If a payment is 16 days or more late. Borrower will be.charged 5.000% of the regularly scheduled payment or $50.00. whichever is greater. INTEREST AFTER DEFAULT. Upon default. Including failure to pay upon final maturity, the interest rate on this Note shall be Increased by adding a 3.000 percentage point margin ( "Default Rate Margin "). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment Is entered in connection with this Note. interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law, DEFAULT. Each of the following shall constitute an event of default ( "Event of Default ") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term. obligation. covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term. obligation. covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty. representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect. either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business. the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors. any type of creditor workout. or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings. whether by judicial proceeding, self -help. repossession or any other method. by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts. Including deposit accounts. with Lender. However. this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or PROMISSORY NOTE Loan No: 26444709004 (Continued) Page 2 i . 1 a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note Is Impaired, Insecurity. Lender in good faith believes Itself insecure. Cure Provisions. If any default, other than a default In payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve 0 2) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, Including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding. or counterclaim brought by either Lender or Borrower against the other. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $20.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays Is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein- (A) a Mortgage dated December 22, 2009, to Lender on real property located in the District of Columbia. (B) an Assignment of All Rents to Lender on real property located in the District of Columbia. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement Is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and /or CPA prepared Financial Statements and any other financial information, required by the Lender's Original Commitment Letter to the Borrower, on an annual basis. If the Lender does not receive the required financial information within two hundred seventy (270) days of the Borrower's fiscal year end, the Lender has the right to increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender increasing the interest rate charged on this Note. OVERDRAFT PROTECTION. You may obtain credit advances under your Credit Line by writing a check on your checking account(s) with us in excess of the available collected balance in the account(s). . SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. This Note Is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on Its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, Including Increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non - judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other Indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, It will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME i PROMISSORY NOTE 2 Loan No: 26444709004 0 (Continued) Page 3 FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Xi <.1 Seal) `: Seal DVOpt L. artin Joa S. Martin L-m PRO I.nd1Y, V.. 5.48.00.004 Cep. R.rbed FI-1.1 S.klb�.. tree. 1997. 2009, A2 ROI. A.—d. • PA .RCe1LPL1020.PC 18.24773 PR.1 i Exhibit "B" ASSIGNMENT OF SECURITY DOCUMENTS ORRSTOWN BANK, A PENNSYLVANIA BANKING CORPORATION, ( "Assignor"), for good and valuable consideration, the receipt and sufficiency of which are acknowledged, hereby sells, transfers, assigns, delivers, sets -over and conveys to MAGNOLIA PORTFOLIO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, its successors and assigns ( "Assignee "), without recourse to the Assignor, and without representations, warrenties or covenants, express or implied, written or oral, by the Assignor, all right, title and interest of the Assignor in and to the loan identified on Exhibit A attached hereto (the "Loan "), including without limitation all of Assignor 's right, title and interest in any guaranties, loan participation interests, indemnities, claims, collateral, insurance policies, certificates of deposit, letters of credit, escrow accounts, performance bonds, demands, causes of action and any other collateral arising out of and/or executed and/or delivered in or to or with respect to the Loan, together with any other documents or instruments executed and/or delivered in connection with or otherwise related to the Loan. Dated this of February, 2013. ASSIGNOR: ORRSTOWN BANK, a Pennsylvania banking corporation By: MAGNOLIA PORTFOLIO, LLC, a Delaware limited liabili company, its Attorney -in -Fact By: Name: R. Patterson Jackson Title: Authorized Signatory AMO Ref: 2510.062 Loan Name: MARTIN DWIGHT L Loan Ref.: 26444709004 EXHIBIT "A" TO ASSIGNMENT OF SECURITY DOCUMENTS That certain loan dated December 22, 2004, in the stated original principal amount of $420,000.00, executed by Dwight L. Martin and Joanne S. Martin to Orrstown Bank, which is secured by property located in District of Columbia, State of Washington, D.C.. AMO Ref.: 2510.062 Loan Name: MARTIN DWIGHT L Loan Ref.: 26444709004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ASSIGNEE OF ORRSTOWN BANK 3 vs. DWIGHT L. MARTIN and JOANNE S. MARTIN ORDER FOR APPEARANCE Kindly enter my appearance for Plaintiff, Magnolia Portfolio, LLC as assignee of Orrstown Bank, and enter judgment against Defendants, Dwight L. Martin and Joanne S. Martin. Dilworth Paxson LLP By: z m '. 40 �-- Martin U. We squire Attorney for Plaintiff 11225771_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYi�A�JA CIVIL ACTION — LAW -r £ 3 MAGNOLIA PORTFOLIO, LLC as NO. �, ' - ys"o s �:� - L - � ASSIGNEE OF ORRSTOWN BANK 1 ' 3 = c� cA vs.. 3p C DWIGHT L. MARTIN and JOANNE S. MARTIN - W' ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT PURSUANT TO 42 PA.C.S.A. §2737.1. IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: Pennsylvania Rule of Civil Procedure 2959 — Striking Off Judgment (a) (1) Relief from a judgment by confession shall be sought by Petition. Except as provided in Subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single Petition. The Petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred, or in any other county in which the Sheriff has received a Writ of Execution directed to the Sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the Court has stayed execution despite the timely filing of a Petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the Petitioner pursuant to Rule 2956.1(c)(2) or Rule' 2973.1(c), the Petition shall be filed within thirty days after such service. Unless the Defendant can demonstrate that there were compelling reasons for the delay, a Petition not timely filed shall be denied. (b) If the Petition states prima facie grounds for relief, the Court shall issue a Rule to Show Cause and may grant a stay of proceedings. After being served with a copy of the petition 11225771_1 the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the Petition or Answer; (d) The Petition and the Rule to Show Cause and the Answer shall be served as provided in Rule 440; (e) The Court shall dispose of the Rule on Petition and Answer, and on any testimony, depositions, admissions and other evidence. The Court for cause shown may stay proceedings on the Petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury, the Court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. DILWORTH PAXSON LLP BY: 4Marfin 4 J. W Esquire Attorney for Plaintiff i 11225771_1 IN THE COURT 'OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. 3., yS0 S CGai� ASSIGNEE OF ORRSTOWN BANK VS. DWIGHT L. MARTIN and JOANNE S. MARTIN AFFIDAVIT OF BUSINESS OR COMMERCIAL TRANSACTION COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF PHILADELPHIA Martin J. Weis, Esquire, being duly sworn according to law, deposes and says that he is attorney for Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf, that the facts set forth herein are true and correct to the best of his knowledge, information and belief, and that the facts set forth in the foregoing matter involve a business transaction. Dilworth Paxson L Martin A Wei , squire Attorney for Plaintiff Sworn to and Subscribed before me 3t* day of 2013. Notary Pub is COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Stephanie McFadyen - Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES FEB. 03, 2014 t 112257711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ASSIGNEE OF ORRSTOWN BANK Vs. DWIGHT L. MARTIN and JOANNE S. MARTIN CERTIFICATION OF NON - CONSUMER CREDIT TRANSACTION I certify, pursuant to the penalties of 18 Pa.C.S. §4904 (pertaining to unsworn falsification to authorities), that this judgment is not being entered by confession against a natural person in connection with a "consumer credit transaction" as the same is defined in Pa.R.C.P. 2950. Dilworth Paxson LL P By: - I Z M Mart' i J. W is squire Attorney for 'Plaintiff Sworn to and Subscribed before e I S day of tOW 2013. �L Notary Publi COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Stephanie McFadyen = Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES FEB. 03, 2014 112257711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ASSIGNEE OF ORRSTOWN BANK vs.. DWIGHT L. MARTIN and JOANNE S. MARTIN CERTIFICATION OF ADDRESSES I hereby certify that the present address of the within named Judgment Creditor is 4675 MacArthur Court, Suite 1550, Newport Beach, CA 92660. I hereby certify that the last known address of the Judgment Debtor was 18321 Dry Run Road, Spring Run, Franklin County, Pennsylvania 17262. Dilworth Paxson LLP By: Martin i Wei Esquire Attorney for Plaintiff i 11225771_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. 1 3 / /�� rCJ "/ ASSIGNEE OF ORRSTOWN BANK •J VS. DWIGHT L. MARTIN and JOANNE S. MARTIN AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF PHILADELPHIA Martin J. Weis, Esquire, attorney for Plaintiff, hereby certifies that the above - captioned matter is not an action by a seller, holder or assignee arising out of a retail installment sale, contract, or account. Dilworth Paxson LL By: J� Martin J. NVeis Attorney for Plainti f Sworn to and Subscribed before me this (-! day of , 2013. S C N tary Public COMMONWEALTH OF PENN SYLVANIA NOTARIAL SEAL Stephanie McFadyen - Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES FEB. 03, 2014 11225771_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. / ASSIGNEE OF ORRSTOWN BANK VS. DWIGHT L. MARTIN and JOANNE S. MARTIN AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF PHILADELPHIA MARTIN J. WEIS, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf; that the facts set forth herein are true and correct to the best of his knowledge, information and belief, that the Defendant, Dwight L. Martin, was last known to reside at 18321 Dry Run Road, Spring Run, Franklin County, Pennsylvania 17262; that Defendant is and, at all relevant times hereto, has been over the age of 18; that Defendant's employment is travel agent; that Defendant is not in the Active Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. Dilworth Paxson I i B y : Martin J. Wei, Vsquire Attorney for Pl mtiff Sworn to and Sub$cribed before me & St day of VILA , 2013. otary Public COMMONWEALTH OF PJ32 NOTARIAL Stephanie McFadyen - City of Philadelphia, Phila 112257711 MY COMMISSION EXPIRES r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ASSIGNEE OF ORRSTOWN BANK 7 J vs. DWIGHT L. MARTIN and JOANNE S. MARTIN AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF PHILADELPHIA MARTIN J. WEIS, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf; that the facts set forth herein are true and correct to the best of his knowledge, information and belief, that the Defendant, Joanne S. Martin, was last known to reside at 18321 Dry Run Road, Spring Run, Franklin County, Pennsylvania 17262; that Defendant is and, at all relevant times hereto, has been over the age of 18; that Defendant's employment is unknown; that Defendant is not in the Active Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. Dilworth Paxso L .,By: Martin J. Weis, s uire Attorney for Plaintiff Sworn to and Subscribed before me day of ju , 2013. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Stephanie McFadyen -Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES FEB. 03, 2014 11225771_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ASSIGNEE OF ORRSTOWN BANK 7 VS. DWIGHT L. MARTIN and JOANNE S. MARTIN NOTICE TO HOLDER OF DOCUMENT CONTAINING PROVISION FOR JUDGMENT BY CONFESSION You are notified that the Prothonotary of Cumberland County is not permitted to enter judgment on a document containing provision for judgment by confession (other than bonds and warrants of attorney accompanying mortgages) unless the document is accompanied by an affidavit suggested form of which is as follows: PLAINTIFF'S AFFIDAVIT OF DEBTOR'S WAIVER OF RIGHTS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF PHILADELPHIA Martin J. Weis, being duly sworn/affirmed according to law, deposes and says that he is attorney for Plaintiff in the above captioned matter; that at the time of the signing of the document containing provision for judgment by confession in the said matter, the defendant, Dwight Martin (X) (1) Earned more than $10,000 annually, OR () (2) If annual earnings are less than $10,000, did intentionally, understandingly, and voluntarily waive: (a) the right to notice and hearing; (b) the right of defalcation, i.e. the right to reduce or set off a claim by deducting a counterclaim; (c) release of errors; (d) inquest (to ascertain whether rents and profits of defendant's real estate will be sufficient to satisfy the judgment within seven years); (e) stay of execution (if defendant owns real estate in fee simple within the county worth the amount to which the plaintiff is entitled, clear of encumbrances); 112257711 (f) exemption laws now in force or hereafter to be passed; (g) The facts showing such waiver are: Dilworth Pa xson LL J �\4� )I'/ Martin J. WU Esquire Attorney for Plaintiff Sworn to and Subscribed before me day of 71 V I L , 2013. L� C Notary Public GMMONWEALTH OF PENNSYLVAN NOTARIAL SEAL Stephanie McFadyen - Notary Public Clty of Philadelphia, Pviiiadelphia County MY COMMISSION EXPIRES FEB. 03,201i I 112257711 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. 3 7 y- C,Ui ASSIGNEE OF ORRSTOWN BANK VS. DWIGHT L. MARTIN and JOANNE S. MARTIN NOTICE TO HOLDER OF DOCUMENT CONTAINING PROVISION FOR JUDGMENT BY CONFESSION You are notified that the Prothonotary of Cumberland County is not permitted to enter judgment on a document containing provision for judgment by confession (other than bonds and warrants of attorney accompanying mortgages) unless the document is accompanied by an affidavit suggested form of which is as follows: PLAINTIFF'S AFFIDAVIT OF DEBTOR'S WAIVER OF RIGHTS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF PHILADELPHIA Martin J. Weis, being duly sworn/affirmed according to law, deposes and says that he is attorney for Plaintiff in the above captioned matter; that at the time of the signing of the document containing provision for judgment by confession in the said matter, the defendant, Joanne Martin (X) (1) Earned more than $10,000 annually, OR () (2) If annual earnings are less than $10,000, did intentionally, understandingly, and voluntarily waive: (a) the right to notice and hearing; i (b) the right of defalcation, i.e. the right to reduce or set off a claim by deducting a counterclaim; (c) release of errors; (d) inquest (to ascertain whether rents and profits of defendant's real estate will be sufficient to satisfy the judgment within seven years); (e) stay of execution (if defendant owns real estate in fee simple within the county worth the amount to which the plaintiff is entitled, clear of encumbrances); 11225771 1 (f) exemption laws now in force or hereafter to be passed; (g) The facts showing such waiver are: Dilworth Paxson LLP By: ft a 'Ur Ma in W ei "squire Attorney for Plaintiff Sworn to and Subscribed before me, day of V u� , 2013. &4';Aa;u� k6l C Notary Public 13MMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Stephanie McFadyen - Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES FEB. 03, 2014 11225771_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ASSIGNEE OF ORRSTOWN BANK vs. DWIGHT L. MARTIN and JOANNE S. MARTIN PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that a judgment in the above - captioned matter has been entered against you on ' 2013. Prothonot Dt By: Deputy Proloiiotary` If you have any questions concerning the above, please contact: Martin J. Weis, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236 -4812 112257711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW c MAGNOLIA PORTFOLIO, LLC as NO. 13-4505r -r ASSIGNEE OF ORRSTOWN BANK - ; VS. CP DWIGHT L. MARTIN and '° � '.. JOANNE S. MARTIN �p�Q .t: PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Office of Judicial Support: Issue a Writ of Execution upon a judgment entered by confession in the above matter, 1) directed to the Sheriff of Franklin County, Pennsylvania; 2) against Dwight L. Martin and Joanne S. Martin, Defendant(s); 3 and against Orrstown Bank, Garnishee(s); Q s. 4) and index this Writ a) against Dwight L. Martin and Joanne S. Martin, Defendant(s) and b) against Orrstown Bank, Garnishee(s), as a lis pendens against the property of the Defendant(s) in the name of the Garnishee(s) as follows: Any and all bank accounts, certificates of deposit, safe deposit boxes, etc., in the name of Dwight L. Martin and Joanne S. Martin. 5) Amount Due: $438,229.50 Interest from August 1, 2013 @ $61.56 per diem $ Attorneys' Fees" [Costs to be added] "Where Where judgment has been entered under Rule 2951(a), attorneys' fees may be included if they are authorized in the instrument and there has been a record appearance of counsel at any stage of the proceedings. attl G' as L� c U:�rL 13s,�J CERTIFICATION I certify that: (a) This Praecipe is based upon a judgment by confession, and (Delete four of the following paragraphs which are inapplicable) (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by the attached Return of Service being filed of record. (e) Notiee will be served at least thifty days pfier-to the date of the Sher-iws sale e prepeAy pufsuant to Rule 2958.2. (•la) Nefi e will be served wit the`v fit of EixeetAien pur- ies t t6 Rule 2970� (e) Netiee was served in eenneefien with iution on the judgment , Nefiee is not required under-Rule 2956.i(e) beeause a Petition to Open or- St-fike the judgment was previously filed. Dilworth Paxson LLP By: L art n J. 'Wes, Esquire (I.D. No. 5 9) Attorney for Plaintiff 1500 Market Street, Suite 3500E Philadelphia, PA 19102 (215) 575-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-4505 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MAGNOLIA PORTFOLIO,LLC as ASSIGNEE OF ORRSTOWN BANK Plaintiff(s) From DWIGHT L.MARTIN,JOANNE S.MARTIN, 18321 DRY RUN ROAD WEST,SPRING RUN,PA 17262 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: ORRSTOWN BANK,22 S.HANOVER STREET,CARLISLE,PA 17013 and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the gamishee(s) is enjoined from paying any debt to or for the account of.the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$438,229.50 Plaintiff Paid$ Interest FROM AUGUST 1,2013 @$61.56 PER DIEM Attorney's Comm. % Law Library$.50 Attorney Paid$75.00 Due Prothonotary$2.25 Other Costs$ Date: 12/06/13 T r David D.Buell,Prothonotary - By: Deputy REQUESTING PARTY: Name : MARTIN J.WEIS,ESQUIRE Address:DILWORTH PAXSON 1500 MARKET STREET,SUITE 3500E PHILADELPHIA,PA 19102 Attorney for:PLAINTIFF Telephone: 215-575-7000 Supreme Court ID No. 51379 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i a ai ra e tD Jody S Smith Chief Deputy • Richard W Stewart ' 3 m. Solicitor {L "11E LA AND t:OL 1 f-.( PENNS YLVA1'41 t Magnolia Portfolio, LLC as Assignee of Orrstown Bank Case Number vs. 2013-4505 Dwight L Martin (et al.) SHERIFF'S RETURN OF SERVICE 12/11/2013 09:13 AM -Amanda Ebersole, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 22 South Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Patrick Baker, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on December 13, 2013 to Dwight L. Martin, 18321 Dry Run Road -West, Spring Run, PA 17262 and to Joanne S. martin, 18321 Dry Run Road - West, Spring Run, PA 17262. AMANDA EBERSOLE, DEPUTY SO ANSWERS, December 13, 2013 RONNY R ANDERSON, SHERIFF .3 fit FILE. ;. f 1... i 0 THJNOTARi 2013 DEC 27 PM 2: 22 CUMBERLAND COUNTY PENNSYLVANIA ELIZABETH J. GOLDSTEIN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 73779 MARTIN J. WEIS, ESQUIRE IDENTIFICATION NO. 51379 DILWORTH PAXSON LLP 112 MARKET STREET, 8TH FLOOR HARRISBURG, PENNSYLVANIA 17101 (717)236-4812 MAGNOLIA PORTFOLIO, LLC as NO. 13-4505 ASSIGNEE OF ORRSTOWN BANK vs. DWIGHT L. MARTIN and JOANNE S. MARTIN PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE, ORRSTOWN BANK, BASED ON ANSWERS TO INTERROGATORIES IN ATTACHMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff, Magnolia Portfolio, LLC, and against Garnishee, Orrstown Bank, only, in the amount of$110,736.35 in accordance with the Answers to Interrogatories in Attachment in the above-captioned matter, a copy of which is attached hereto as Exhibit"A". Dilworth Paxs• ' LLP By: .�--- M in J. W; squire Attorney for Plaintiff 11464299_1 S3 300/31 ELIZABETH J. GOLDSTEIN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 73779 MARTIN J. WEIS, ESQUIRE IDENTIFICATION NO. 51379 DILWORTH PAXSON LLP 112 MARKET STREET, 8TH FLOOR HARRISBURG, PENNSYLVANIA 17101 (717)236-4812 MAGNOLIA PORTFOLIO, LLC as NO. 13-4505 ASSIGNEE OF ORRSTOWN BANK vs. DWIGHT L. MARTIN and JOANNE S. MARTIN CERTIFICATE OF SERVICE I, Martin J. Weis, counsel for Plaintiff, Magnolia Portfolio, LLC, hereby certify that on December 18, 2013, I caused a true and correct copy of the Praecipe to Enter Judgment against Garnishee, Orrstown Bank, Based on Answers to Interrogatories in Attachment to be forwarded to the Prothonotary of Cumberland County to be served upon the following via first class mail: Marie Miller Dwight and Joanne Martin Orrstown Bank 18321 Dry Run Road—West 2695 Philadelphia Avenue Spring Run, PA 17262 Chambersburg, PA 17201 Dilworth Paxson LLP By: •_►* � - Marti J. We ' squire Attorney for Plaintiff 11464299_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW MAGNOLIA PORTFOLIO, LLC as NO. 13-4505. ASSIGNEE OF ORRSTOWN BANK vs. DWIGHT L. MARTIN and JOANNE S. MARTIN INTL1UZOGATORIES IN 4TTAC IMENT, TO: ORRS TOWN BANK • 2695 Philadelphia Avenue Chambcrsburg, PA 17201 • These Interrogatories are to be answered separately and fully in wilting under oath and signed by the person making the.Answers pursuant to the applicable Rules of Civil Procedure, The Answers to the Interrogatories shall be filed and served upon counsel within twenty (20) days after service of the Intcrmgatories. These Interrogatories are deemed to be continuing and any further information secured subsequent to the filing of your Answers,which would have been includable in the Answers had this information been known or available, is to be supplied by Supplemental Answers, For pm-poses of these Interrogatories, "Defendant" means Dwight L. Martin and/or Joanne.S. Martin. 1. At the time you were served ur at any subsequent time, did you owe the Defendant any money or were you liable to ti on any negotiable or other written instrument or did it claim that you owed it any money or were liable to it for Aty reason? •a P 2. At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of arty nature owned solely or in part by the.Defendant'? 3. At the time you were served or at any subsequent title,did you hold legal title to any property of any stature owned solely or in-part by the Defendant or in which the Defendant held or claimed any interest? 4. At the dine you were served or at any subsequent time, did you hold as fiduciary any property its which the Defendant had any interest? 11442722 ► • S. Al any time before or after you were served, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration therefore? �UV 6. At any time after you were served, did.you pay, transfer, or deliver any money or property to the Defendant. or to any person or place pursuant to its direction or otherwise discharge any claim of the Defendant against you? lv o 7. If you are a bank or other financial institution, at the time you were served or at. any subsequent time did the Defendant have funds on deposit in an account in which fiends are deposited electronically on.n recurring basis and which arc identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically d epositing those funds on a recurring basis. O 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each accent. z7 9. At the time you were served with the Writ of Execution in the above matter,:did you have in your possession any accounts of the Defendant? If so, please list the account numbers and the amounts of money in the accounts at the time you were served with the Writ of Execution, actk;� i\kaA 1 Dilworth Paxson LLP (A.0 f\A. frA01 .4'∎ rr3 3 l��u,t„t� By: 141,:047C) r Mart J. W'is • Attorney for Plaintiff iS c:,Ucan e..e.. ( 5 eti ` t !f°111' 4,'1;21 1 y°. l,}- C t67 1 1 • • • ,,......414stkti,..4 •u;;E:o...Adt • 11442722_I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW MAGNOLIA PORTFOLIO, LLC as NO. 13-4505 ASSIGNEE OF ORRSTOWN BANK vs. DWIGHT L. MARTIN and JOANNE S. MARTIN PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that a judgment in the above-captioned matter has been entered against you on � . W , 20 Prothonotary eZ By: Deputy Prothonotary If you have any questions concerning the above, please contact: Martin J. Weis, Esquire Dilworth Paxson LLP 1500 Market Street, Suite 3500E Philadelphia, PA 19102-2101 (215) 575-7000 11464299_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW MAGNOLIA PORTFOLIO, LLC as NO. 13-4505 ASSIGNEE OF ORRSTOWN BANK vs. DWIGHT L. MARTIN and JOANNE S. MARTIN PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that a judgment in the above-captioned matter has been entered against you on . , 2014 Prothonotary a3101041P By: Deputy Prothonotary If you have any questions concerning the above,please contact: Martin J. Weis, Esquire Dilworth Paxson LLP 1500 Market Street, Suite 3500E Philadelphia, PA 19102-2101 (215) 575-7000 11464299_1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-OFFCL ice;- THE PROTHONOTARY 2014 JUL 25 AM .9: 38 CUMBERLAND COUNTY PENNSYLVANIA oatit4, et Enin 4.7446 OFFICE OF THE SHERIFF Magnolia Portfolio, LLC as Assignee of Orrstown Bank Case Number vs. Dwight L Martin (et al.) 2013-4505 SHERIFF'S RETURN OF SERVICE 12/11/2013 09:13 AM - Amanda Ebersole, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 22 South Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Patrick Baker, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on December 13, 2013 to Dwight L. Martin, 18321 Dry Run Road - West, Spring Run, PA 17262 and to Joanne S. martin, 18321 Dry Run Road - West, Spring Run, PA 17262. 07/02/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $100.42 SO ANSWERS, July 24, 2014 (c) CountySulte Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF a-4 9,32e M430i0JV