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HomeMy WebLinkAbout13-4506 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 = M C= - -. JOANNE S. MARTIN, CD ( ZD ENTRY OF APPEARANCE CONFESSION C, OF JUDGMENT ` Pursuant to the authority contained in the Promissory Note dated May 31, 2005, 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, and against Defendants, Dwight L. Martin and Joanne S. Martin. Principal Balance $ 117,214.94 Interest to June 12, 2013 $ 3,208.74 Late Charges $ 208.31 Attorneys' fees of 5% $ 5,860.00 Total Due $ 126,461.99 Dilworth Paxson LLP By: Markin J. NVs, Esquire Attorney for Plaintiff aU� -sy6, o & a CIS-# g: C1 11225114_1 a73 0.97 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ASSIGNEE OF ORRSTOWN BANK U J VS. M _. DWIGHT L. MARTIN and <? _ JOANNE S. MARTIN. C > COMPLAINT IN CONFESSION OF JUDGMENT m 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 dated May 31, 2005 in the principal amount of $128,000. A true and correct copy of said Promissory Note is attached hereto as Exhibit "A" and made a part hereof. 4. The May 31, 2005 Promissory Note was amended by Change in Terms Agreements dated May 31, 2007; May 31, 2008; and May 31, 2009. True and correct copies of the change in terms agreements are attached hereto as Exhibits B, C, and D and incorporated by reference. 5. The Promissory Note and the Change in Terms Agreements shall herein after be referred to as "the Note." 112251141 6. 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 E and incorporated by reference. 7. As of June 12, 2013, Defendants, Mr. and Mrs. Martin owe Plaintiff, Magnolia, the following under the terms of the Note: Principal Balance $ 119,214.94 Interest to June 12, 2013 $ 3,209.74 Late Charges $ 208.31 Attorneys' fees of 5% $ 5,960.00 Total Due $ 128,592.99 8. Per diem interest accrues on the date at the rate of $16.06. 9. 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. 10. Judgment has not previously been entered on said in any jurisdiction. 11. 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 $128,592.99 Dilworth Paxson, L By: 1' Madin J. ei , Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 11225114_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 Wissbaum Asset Manager rn to and Subscribed before m is day of ' 2013. SEE ATTACHED Notary Public 112251141 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 Z grange County ' \ V I (SEAL) MY Comin. Expires Fib-1 1, 2017 Notary Public Signature i �• Exhibit "A" PROMISSORY NOTE i 7 ....... ............ .....gip........................ , ...................... m „ ».,, :•:,:::,_:..::::: -::,r ...............:. : :.. :.........::::.. .....................'.1.. ........... References in the shaded area 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 (SSN: Lender: ORRSTOWN BANK Joanne S Martin (SSN: ORCHARD DRIVE 18321 Dry Run Road West PO BOX 250 Spring Run, PA 17262 SHIPPENSBURG, PA 17257 Principal Amount: $128,000.00 Initial Rate: 6.000% Date of Note: May 31, 2005 Maturity Date: May 31, 2007 PROMISE TO PAY. Dwight L Martin and Joanne S Martin ( "Borrower ") jointly and severally promise to pay to ORRSTOWN BANK ( "Lender "), or order, in lawful money of the United States of America, the principal amount of One Hundred Twenty -eight Thousand & 001100 Dollars ($128,000.00), together with interest on the unpaid principal balance from May 31, 2005, until paid in full. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. if no demand is made, Borrower will pay this loan in one principal payment of $128,000.00 plus interest on May 31, 2007. This payment due on May 31, 2007, will be for all principal and all accrued interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning June 30, 2005, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 3651360 basis; that is, by applying the ratio of the annual 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. 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 notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 6.000% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate equal to the index, resulting in an initial rate of 6.000% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. 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. 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, P.O. BOX 250 SHIPPENSBURG, PA 17257. 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, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 3.000 percentage points over the index. The interest rate will not exceed the maximum rate permitted by applicable law. if judgment is entered In connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. 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 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 parry dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. 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. PROMISSORY NOTE Page 2 777 , (Continued) c 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 receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen 0 5) 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 on this Note and all accrued unpaid interest Immediately due, and then Borrower will pay that amount. Borrower will pay ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. her or Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees o modify legal e xpenses, wh is stay not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including 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. 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 However, this does not include any IRA or open in the future. 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 instrument listed herein: a Mortgage dated May 31, 2005, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. 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. 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, ORCHARD DRIVE, PO 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. 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 with 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 , as L or man n e its discretion m thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security 9 e (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 parry 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 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 TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH ALL AOUNTS EXPENDED OR ADVANCED BY LENDER OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT ( OF THE UNPAID PRINCIPAL BALANCE AND ACC RUED INTEREST COSTS COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 0500) 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 DBY ANY EXERCISE OF THAT AUTHORITY, BUT SHAL CONTINUE FROM TI N ME TO JUDGMENT IME AND AT ALL O T M TIMES EXHAUSTED 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. 1 � *� PROMISSORY NOTE (Continued) P age g 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. BORROW : '...:. •.: {Sea I X:; "� '.'; �:,:':''', �'.' s•: i >i:.'s�:E;i3''`z<'� >i"'`''s`i ?::iii %' "' Jo&e S Martin LASER PRO 1 -d'np, Vw. 9.19.00.006 Cow. Mmlend FY Ld S.,W,, Yrc, 1997, 70M All MON Rwrod. - PA p:V-flLLK%070.FC TR.1ow PR -1 Exhibit "6" C NGE 1N TERMS AGREEME .::::........ ............... ............................... ... ..:.:.. :.. ........... . ............... References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or M. Any item above containing "'"'" has been omitted due to text length limitations. Borrower: Dwight L Martin (SSN: Lender: ORRSTOWN BANK Joanne S Martin (SSN: ORCHARD DRIVE OFFICE 18321 Dry Run Road West 77 EAST KING STREET Spring Run. PA 17262 P 0 BOX 250 SHIPPENSBURG. PA 17257 Prinelpai Amount: $128,000.00 Initial Rate: 8.250% Date of Agreement: May 31, 2007 Maturity Date: May 31, 2008 DESCRIPTION OF EXISTING INDEBTEDNESS. Promisorry Note dated 5 -31 -05 in the Original Amount of $128,000.00. DESCRIPTION OF COLLATERAL. A Mortgage on 100 Walnut Bottom Rd, Shippensburg, Pa 17257, Dated 5- 31.05, Recorded 9- 27 -05, in Book 1924, Page 2598. DESCRIPTION OF CHANGE IN TERMS. Extend maturity date of loan an additional 12 months, from 5 -31 -07 to 5 -31 -08. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of 'this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non - signing party consents to the changes and provisions of this Agreement or otherwise will not be released by It. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. BORROWER: X ." . :> .:::...... WNW Joa Martin LASER PRO La,ftg. Vw. ".00.004 Coq. HWa Fnon" SOAjon he 1937. 2W7. AN ROCS Re—d. • PA 0ACFRtPL1o20C.FC TWIS C0 PR-1 to l r� Exhibit "C" $PHANGE IN TERMS AGREEI*NT .............. ................. .........t... +.ta::::::: +::erx� ..,_..........�, ........_._...i 1. rte. »Q���i........,,,,, .. ...- ::;::::.:: ':•:::: References in the boxes above are for Lerxler's use only and do not lima 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: $128,000.00 initial Rate: 5.000% Date of Agreement: May 31, 2008 Maturity Date: May 31, 2009 DESCRIPTION OF EXISTING INDEBTEDNESS. A Promisorry Note dated May 31, 2005 in the Original Amount of $128,000.00. DESCRIPTION OF COLLATERAL. A Mortgage dated May 31, 2005, Recorded September 27, 2005 in the Cumberland County Recorder of Deeds Office, Book 1924, Page 2598. DESCRIPTION OF CHANGE IN TERMS. Extend maturity date of loan an additional 12 months to May 31, 2009. All other terms and conditions remain unchanged. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, Borrower will pay this loan in one principal payment of $128,000.00 plus interest on May 31, 2009. This payment due on May 31, 2009, will be for all principal and all accrued Interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning June 30, 2008, with all subsequent interest payments to be due on the some day of each month after that. Unless otherwise agreed or required by applicable law, payments win be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this loan is computed on a 365/360 simple interest basis; that is, by applying the ratio of the annual 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. 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 loan 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 not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 5.000% per annum. The interest rate to be applied to the unpaid principal balance during this loan will be at a rate equal to the Index, resulting in an initial rate of 5.000% per annum. NOTICE: Under no circumstances will the interest rate on this loan be more than the maximum rate allowed by applicable law. PREPAYMENT. 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. 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 Agreement, 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, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. 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 loan 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 it entered in connection with this Agreement, 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 under. this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term; obligation, covenant or condition contained in this Agreement 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 Agreement 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 Indebtedness. 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 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 revokesoo;21164 disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. b ANGE IN TERMS AGREEMENT Page 2 Loan No. 26444709001 (Continued) Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness 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 Agreement within the preceding twelve (12) months, it may be cured If Borrower, after receiving written notice from Lender 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 Agreement 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 Agreement 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 Vial in any action, Proceeding, or counterclaim brought by either Lender or Borrower against the other. 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 Agreement is secured by the following collateral described in the security instrument fisted herein: a Mortgage dated May 31, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Agreement. 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 Agreement. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non - signing parry consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by 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, ORCHARD DRIVE OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257. MISCELLANEOUS PROVISIONS. This Agreement 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 Agreement on its demand. if any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement 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, fall 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 Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, 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, fall 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 Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, It will not affect the enforceability of any other provisions of this Agreement. HEREBY PROTHONOTARY OR C ERK AN N THE COMMONWEALTH OF PENNSYL OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, 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 (6500) ON WICH OR A OF I TH S AGREEMENT VERIFIED BY MORE AFFIDAVIT EXECUTIONS SHALL BE SUFFICIENT WARRANT. THE AUTHORITY DOING, AGREEMENT HIS • CHANGE IN TERMS AGREEMEO Loan No: 26444709001 (Continued) Page 3 AGREEMENT 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 AGREEMENT. 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 AGREEMENT, EACH BORROWER REAO ANO UNOERST000 ALL THE PROVISIONS OF THIS AGREEMENT, INCLUOING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNOER SEAL ANO IT IS INTENOEO THAT THIS AGREEMENT IS ANO SHALL CONSTITUTE ANO HAVE THE EFFECT OF A SEALEO INSTRUMENT ACCOROING TO LAW. BORROWE . Y.^ '+ ?:?��•;:; t p�t!nyr.•: :.: .... !h f..;iyY..?;. '.:<O:'i!•yt ^. ' .C.'F:.v,!.}:r:.: ! ^:• ,�.. aJ.r!..r:a: k. a Xv'i :} i ? : +J. 't.K•r?:• rC? !•:t.l.: :.j, +'!J' Y i {.•:: f Joan ` Martin kSER PRD � Vw. 6M.ODA00 CW. Rfri/E R—" S0WiWM tro IM M. M ftht, P wO. - P4 q.-4n jVD=.iC 7R Mn2 Ml i Exhibit "D" CONGE IN TERMS AGREEME% wt . ......................:........ ....................... .............. °. 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: $128,000.00 Date of Agreement: May 31, 2009 Maturity Date: May 30, 2029 DESCRIPTION OF EXISTING INDEBTEDNESS. A Promisorry Note dated May 31, 2005 in the Original Amount of 5128,000.00. DESCRIPTION OF COLLATERAL. A Mortgage dated May 31, 2005, Recorded September 27, 2005 in the Cumberland County Recorder of Deeds .Office, Book 1924, Page 2598, DESCRIPTION OF CHANGE IN TERMS. Modify term to be 240 months with a 360 -month amortization. Adjust rate to Wall Street Journal Prime (currently 3.25%) to float with a floor of 5.00%. All other terms and conditions remain Unchanged. 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 accordance with the following payment schedule, which calculates interest on the unpaid principal balances as described in the "INTEREST CALCULATION METHOD" paragraph using the interest rates described in this paragraph: 239 monthly consecutive principal and interest payments in the initial amount of $725.38 each, beginning June 30, 2009. with interest calculated on the unpaid principal balances using an interest rate of 5.000% per annum based on a year of 360 days; and one principal and interest payment of $68,880.51 on May 30, 2023, with interest calculated on the unpaid principal balances using an interest rate of 5.000% per annum based on a year of 360 days. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts on this loan. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Borrower will pay Lender at Lender's address shown above or at such other place as Lender maydesignate In writing. VARIABLE INTEREST RATE. The interest rate on this loan 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 raie 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 not 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. The interest rate or rates to be applied to the unpaid principal balance during this loan will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Agreement, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just - ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan be more than (except for any higher default rate shown below) the lesser of 5.000% per annum or 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 loan 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 loan is computed using this method. PREPAYMENT. 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 Agreement, 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 l mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. 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, `, d whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this loan 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. After maturity, or after this loan would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described In this Agreement. If judgment is entered in connection with this Agreement, 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. ,w DEFAULT. Each of the following shall constitute an'Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement 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 we representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement 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 anytime 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 c CHANGE IN TERMS AGREEME Loan No: 26444709001 (Continued) Page 2 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 Indebtedness. 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 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 parry 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 the Indebtedness 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 Agreement within the preceding twelve 02) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: 11) cures the default within fifteen 0 5) 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 Agreement 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 Agreement 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. 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 Agreement Is secured by the following collateral described In the security instrument listed herein: a Mortgage dated May 31, 2009, to Lender on real property located in Cumberland County,. Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Agreement. 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 Agreement. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the Intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non - signing parry consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by 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(fes) should be sent to us at the following address: ORRSTOWN BANK, ORCHARD DRIVE OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257. MISCELLANEOUS PROVISIONS. This Agreement 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 Agreement on its demand. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forgo enforcing any of Its rights or remedies under this Agreement 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, fall 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 Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, 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 a• ' I MANGE IN TERMS AGREEMENT Loan No: 26444709001 (Continued) Page 3 consent of or notice to anyone other than the parry with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. 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 FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES 'AND ANY AND ALL AMOUNTS EXPENDED OR' ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, 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 MOO) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT 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 AGREEMENT, 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 ATTENTIOWOR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORRO `ti' is r. ::L{ •.. MAN Imo... .... :J :. :. ..... Ago ^ .l.... v.: ....... .::: ^.�.n., •i..,.,.; •.: •'.':•:i:;{L:. ::...... iSeal) X.�,. {........ i6's6Seel) Dwi t L artin . JoanV Martin L4MA PRO L&Mhg, Vn. 6.46.00.001 Cop. MaWd FdWVW SO J6W& 1m. 1997. 7009. UPON R�d. • PA o- AUALPU070C.K TP42 M7 PR.1 Exhibit "E" 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, warranties 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 liability com y, its Attomey -in -Fact By: t Name: R. Patterson Jackson Title: Authorized Signatory AMO Ref.: 2510.061 Loan Name: MARTIN DWIGHT L Loan Ref.: 26444709001 EXHIBIT "A" TO ASSIGNMENT OF SECURITY DOCUMENTS That certain loan dated May 31, 2005, in the stated original principal amount of $128,000.00, executed by Dwight L Martin and Joanne S Martin to Or stown Bank, which is secured by property located in Cumberland County, State of Pennsylvania. AMO Ref.: 2510.061 Loan Name: MARTIN DWIGHT L Loan Ref.: 26444709001 i t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. 13, W 6 r' , vd ki-e- /0' ASSIGNEE OF ORRSTOWN BANK 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: I lA wk Martin .Wei psquire Attorney for IMintiff 112251141 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 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 2973.3. (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule (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 112251141 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. (fl 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: M in J. is, Esquire Attorney for Plaintiff 112251141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ASSIGNEE OF ORRSTOWN BANK / 3 I �S �1,� 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 KP By: ./- Martin J. e' , Esquire Sworn to and Subscribed Attorney for Plaintiff before me day of , 2013. Notary Public COMMONWEALTH OF PEN NSYLVANIA Notarial Seal Therese capece, Notary Public City of Philadelphia, Philadelphia county MEMBER, PENNSYLVANIA AS OF OF2NOTARIES 11225114 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as N 4 f C /� . ASSIGNEE OF ORRSTOWN BANK 1 , V v 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 unswom 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 Paxso LP By: Martin J. W i , Esquire Attorney for Plaintiff Sworn to and Subscribed before me s! day of , 2013. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal Therese Capece, Notary Public City of Philadelphia, Philadelphia County my commission Expires Dec. 16 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 112251141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO VS-0 b 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 J. W i , Esquire Attorney for Plaintiff t 11225114_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. 1 qSZ& e - a, - ASSIGNEE OF ORRSTOWN BANK 7 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 L By: • .f , Marti J. Weis Attorney for Plaintiff Sworn to and Subscribed before me this6`Sday of , 2013. 0 ) ®r Notary Public �MMoNw.�� � wa��r vEwr Notarial Seal Therese Capece, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Dec. 16, 2016 M EMBEa , PENNSYLVANIA ASSOCIATION OF NOTARIES 11225114_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAGNOLIA PORTFOLIO, LLC as NO. 13 e-1 - 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. Paxson LLP By: vi/770- lnll� Marti J. Wei quire Attorney for Pfdintiff Sworn to and Subscribed M ay , 2013. 0,0 Notary Public COMM ONWF&TH OF PEN NSYLVANIA Notarial Seal Therese Capece, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Dec. 16, 2016 11225114_1 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 1 ➢ 1 � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW MAGNOLIA PORTFOLIO, LLC as NO. ' c ^v1 + /i 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, 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 LLP By: s Martin J. Wes squire Sworn to and Subscribed Attorney for Plaintiff before me s 7� day of , 2013. Notary Public COMMONWEALTH 0 PENNSYLVANIA Notarial Seal Therese capece, Notary Public Gry of Philadelphia, Philadelphia county My commission Expires Dec. 16, 2016 MEWk PENNSYLVANIA ASS0aATIoN OF NOTARIES 112251141 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 NOTICE TO HOLDER OF DOCUMENT CONTAINING r'ti 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); 112251141 (f) exemption laws now in force or hereafter to be passed; (g) The facts showing such waiver are: Dilworth Paxso LP By: _ Mart n J. , Esquire Attorney for Plaintiff Sworn to and Subscribed before me S! day of , 2013. — N'41�4z� Notary Public COMMONWEALTH OF P-ENNSnvANL4 Notarial seal Therese Capece, Notary Public City of Philadelphia, Philadelphia County M Commission Expires Dec. 16, 2016 MEMBER, PENN SYLVANIA ASSOCIATION OF NOTARIES I 112251141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW ASSIGNEE OF RRRSO NO. TOWN BANK V& 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; (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); 11225114_1 't (f) exemption laws now in force or hereafter to be passed; (g) The facts showing such waiver are: Dilworth Paxson LLP By: M" J. V s, Esquire Attorney for Plaintiff Sworn to and Subscribed before me / S% day of , 2013. Notary Public COM MONWEALTH gE PENN SYLVANIA Notarial Seal Therese Capece, Notary Public City of Philadelphia, Philadelphia County Commission Expires Dec. 16, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 11225114_1 '14 S 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. Prothonota By: Depu y rothonotary 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 I i 112251141