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HomeMy WebLinkAbout14-5232 MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, PENNA. Orrstown Bank Plaintiff, ` V. NO. I q, J ;) c-6 02 -'0� 'c crt , T'n P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, : p s Defendant. CIVIL ACTION- LAW © CONFESSION OF JUDGMENT Pursuant to the authority contained in the aforesaid Note, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: Principal $ 2,189,149.36 Interest through 5/30/2014 $ 6,819.22 Late Charges $ 770.23 Attorneys' Fees & Costs $ 219,596.85 (10%of Principal &Accrued Interest) TOTAL $ 2,416,335.66 plus interest on the principal sum ($2,189,149.36) from May 31, 2014, at the rate of$212.83 per diem. JSDC LAW OF I ES Date: September 5, 2014 BY: ' Sco A. Diettericsqu e PA I.D. #55650 V James D. Young, Esquire PA I.D. #53904 PRO HAC VICE P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ()kUk cluf -A N eJ 0 TAt IN THE COURT OF COMMON PLEAS OF 2014 SSP -8 A1114: 09 Ctj118ERLA CUMBERLAND COUNTY, PENNSYLVANIApE 'S YN COUNT Y MAGNOLIA PORTFOLIO, LLC, CIVIL DIVISION a Delaware limited liability company, assignee of Orrstown Bank, Plaintiff, NO.: VS. P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, TYPE OF PLEADING: Defendant. CIVIL ACTION- COMPLAINT IN CONFESSION OF JUDGMENT FILED ON BEHALF OF: Magnolia Portfolio, LLC, a Delaware limited liability company, assignee of Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire ATtOlkNEY FOR P F Pa. I.D. #55650 James D. Young, Esquire I HEREBY CERTIFY THAT THE ADDRESS Pa. I.D. #530904 OF THE PLAINTIFF IS: 4675 MacArthur Court,Suite 1550 JSDC LAW OFFICES Newport Beach,CA 92660 P.O. Box 650 AND THE DEFENDANTS: Hershey,PA 17033 (717) 533-3280 30 E.Maplewood Avenue,Mechanicsburg,PA 17055 A ORNEY FO IFF MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, PENNA. Orrstown Bank Plaintiff, v. NO. P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, Defendant. CIVIL ACTION - LAW CIVIL ACTION—COMPLAINT IN CONFESSION OF JUDGMENT And now comes Magnolia Portfolio, LLC, a Delaware limited liability company, assignee of Orrstown Bank,by its attorneys, JSDC Law Offices, and files this Complaint in Confession of Judgment as follows: 1. Magnolia Portfolio, LLC, a Delaware limited liability company, assignee of Orrstown Bank, which has a principal place of business at 4675 MacArthur Court, Suite 1550, Newport Beach, CA 92660. 2. Defendant, P. John Sopensky a/k/a Paul J. Sopensky(hereinafter"Defendant") is an adult individual with an address of 30 E. Maplewood Avenue, Mechanicsburg, Pennsylvania 17055. 3. On or about March 28, 2008, Defendant executed and delivered a certain Promissory Note ("Note") in favor of Orrstown Bank in the original principal amount of $2,551,188.00, which Note authorized a confession of judgment against Defendant. A true and correct copy of said Note is marked Exhibit"A",attached hereto and made a part hereof. 4. By Assignment of Security Documents, dated February 5, 2013, Orrstown Bank assigned all its right,title and interest in the security documents for the Note to Plaintiff. A true and correct copy of said Assignment is marked Exhibit`B", attached hereto and made a part hereof. 5. The Note has not been released. 6. Judgment has not been entered against the Defendant the Note, in any jurisdiction. 7. Defendant is in default under the aforesaid Note for, inter alia, failure to pay real estate taxes as required under certain security documents for the Note and the balance of principal and interest as demanded by Plaintiff. 8. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. The itemization of the amount due, including interest and attorneys' fees as authorized by the Note, is as follows: Principal $ 2,189,149.36 Interest through 5/30/2014 $ 6,819.22 Late Charges $ 770.23 Attorneys' Fees & Costs $ 219,596.85 (10% of Principal &Accrued Interest) TOTAL $ 2,416,335.66 plus interest on the principal sum ($2,189,149.36) from May 31, 2014, at the rate of$212.83 per diem. WHEREFORE, Plaintiff as authorized by the Note, demands judgment against the Defendant in the amount of$2,416,335.66 with interest on the principal sum ($2,189,149.36) from May 31, 2014, at the rate of$212.83 per diem. JSDC LAW OFFICES Date: September 5, 2014 BY: `;Ift ", Sc . Dietteric�, sq ' e PA I.D. # 55650 James D. Young, squire PA I.D. #53904 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSOs4 .. al M References in the boxes above are for Any en's use only�� do not limlt the appficabit' - An item oontefning h� rty document Lo ....�"�` B�,OW@r• been omitoed due to text to ih Ifmitations. �Partictdar town or+tem. P.John Sopensky ISSN: 197-40.5741) 30 E Maplewood Drive Lender: ORRSTOWN BANK Mechanicsburg,PA. 17055 _ SILVER SPRING OFFICE -77 EAST KING STREET _... _.-- P 0 BOX 250 SHIPPENgBURG,PA 17257 Principal Amount:-$2,551,188.00 . Initis!Rate: 5.2509'o Date of Note: March 28, 2008 PROMISE TO PAY. P.John Sopensky ilBorrower" Maturity Date: States of America, the Principal amount f 1 Promises to pay to ORRSTOWN BANK March 28,2028 (82,5b7,188.00), together o Two Million Fve Hundred ( Lender ),or order,in lawful money of the United g with interest on the unpaid Principal balanp from 28,2008!nd One Hundred Eighty-eight & 00/100 Doilwe PAYMENT. Borrower win pay this ban In fed! immedi until paid in full. resulting from changes in the Index, �)Y upon Lender's demand. if no demand is made, Borrower will Pay this ban in accordance subject to any payment changes 239 monthly principal and interest a vvitin the fopowmi g Payment schedule: payments n the amount of S1b,404 65. beginnittp 6-75unpaid Principal balance at an interest rate based on the WALL STREET JOURNAL PRIME(currently 8 08, with interest calculated on the 6.75%nor fall below 5.50%result tg in an initial interest rate of bplus 0.25%.but not to exceed Principal balances at an interest rate based on the WALL STREET ;�ginMng March 28,2013 with interest payment of$825,198.17 on March 28 JOURNAL PRIME(carte Interest calculated on the unpaid ,2028. roY 5.25%)Mus 0:25%;and one.principal and Unless otherwise agreed or required b any late charges;and then to Y applicable law,payments will be applied first to any accrued unpaid interest; then to applying the ratio of the annual interest collection costs. The annual interest rate for this Note is Computed PnnaP�:then to number of days the principal year of 360 days,multiplied by the outstare I mputed on a 365/360 basis;that ts,by Lender m talent a is outstanding. Borrower will pay),ender at Lender's a g Principal balance, muitipried may designate to yy.no address shown by the actual VARIABLE INTEREST above or at such other place as RATE. The interest rate on this Note is which is the Wall Street prime(the "index"). The I subject to change from time to time based on changes In an independent index unavailable during the term of this toe Larder rdex�s not necessarily the bwest rate charged n• may designate a substitute' � ���on its bans. if the Index becomes Index rate upon Borrower's request The interest rate change will not Occur meX after notifying Borrower. Lender will telt make loans based on other rates as welt. The Index curie often than each day. Borrower Borrower that the Lender may balance during this Note will be e a rate �Y is 5.250% Per arxrun. The interest rate to understands that Lender may will the interest rate t this Note a equal to the Index,resulting In an initial rate of 5.250% r � applied to the unpaid principal Lender,at its option, may more more than the maximum rate allowed by a Per annum. NOTICE: Under no circumstances original final maturity dated(g)n increase Borrower'sof the llowing: (A) increase applicable law. Whenever increases occur in the interest rate, and (D) nalmacontinue Borrower's Borrower's payments to ensure Borrower's loan will pay off by its Payments at the same amount and increase Borrower's fiing n It• (C) increase the number of Borrower's PREPAYMENT PENALTY. UponprepaymentPayment Payments, any amount of in of this Note.Lender is entitled to the following pr principal during the next five (5) years, the Borrower shall be assessed against them�t ' Should Borrower Prepayment penalty, The assessment percentage shall decrease oprepay an or from this assessment wIl be Principal a ne percent(1.00%) prepaid, a five percent excepted ) P payments that are Per annum to par. Lender acknowledges that ex ilV not excepted will be any pre a generated as a result of operation a the business for daiwhich the °wed foregoing, Borrower may P Yof me� amount o e a result a a reflnentting at any other financial its �n was extended. writing, relieve Borrower or Borroweesoob� ttre amount owed earlier than is due. Early payments wit not, unless agreed' Except for the Principal balance due and may result in Borrower obligation c fewer to make payments under Payment schedule. Rather, to by Lender in amount owed earlier than 4 is due. Early payments Payments,. Except for the foregoing, Y will reduce the continue to make Payments wig not,unless agreed to Borrower-may Pay all or a portion of the under the payment schedule. Rather, earl Lehr In writing,relieve Borrower of Borrower's obligation to Borrower's making fewer payments. Borrower agrees not to send Lender payments "the y result in language. if Borrower sends such a principal full" balance due and May remain obligated to Payment, Lender may accept it without lost a Paid in full", w'�tlnout recourse", or similar other Pay any further amount owed to Lender. All written communicatiorns000nce ulna rights under this Note, and Borrower will Payment instrument that indicates that the payment constitutes "payment in full" of the g disputed amounts, includinga conditions or limitations or as full satisfaction of a disputed amount r ►1y Check or STREET,P.O.BOX 250 SHIPPENSBURG,PA 17257, must mailed or delivered to t ORRSTOWN BANK 77d with other LATE CHARGE, If a FAST KING whichever W greater, payment is 16 days or more late, Borrower will be charged S.O00% of the INTEREST AFTER DEFAULT. regularly scheduled payment or $50,00, by adding a 3.000•percents a Upon default, including failure to pay upon final maturity, the interest change that would have a applied margin ("Default Rate Margin"). The Default Rate M� rate on this Hots scald be increased to after the date of judgment had there been no default. It judgment is entered in connection with thea Note,so apply interestweach tl cotinue to accrue i gment at the rate in effect at the succeeding interest rate interest rete limitations under applicable few. tie fudgment lis entered. However,in no event will the interest rate DEFAULT. Each of the following shall constitute an event Of default("Event of Default" exceed the maximum Payment Default. Borrower fails to make a )under this Note: Other DefaulEs. Borrower fails to comply any Payment when due under this Note. mp Y with or to t 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 arty term,obligation,covenant or condition contained in a between Lender and Borrower. False Statements. ►►Y other agreement Any warranty,representation or statement made or fumished to Lender by Borrower or on Borrower's Note l the related documents is false or misleading in any material respect,either now or at the time made or famished or becomes false or misleading la any time thereafter• behalf under this Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as agoing business,the insolvency Of Borrower,'the appointment of a receiver for any part of Borrower's property, any assignment for the 9 benefit of creditors, any type of PROMISSORYOTE Con lnued) Loan No:��� 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)udicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the ban. 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 uWebtedness 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 (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 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,Lenders reasonable attorneys'fees and Larder'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 820.00 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 ap 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 March 28, 2008, to Lender on real property described as "Real Property located at 414 3rd Street, Enola, PA 17025,230-232 State St,Enola,PA 17025,212-214 State St,Enda,PA 17025, 1416-1422 Trindle Rd,Carlisle,PA, 17013,61 E.Main St, Mechanicsburg, PA 17055, 101, 103 and 105 E. Main St, Mechanicsburg, PA 17055, 139 3rd St, Enda, PA 17025, and 14 W. Lisburn Rd,Mechanicsburg,PA 17055"and located in Ctsnbedand County,Commonwealth of Ponnsylvanis. (B) an Assignment of All Rents to Lender on real property described as "Real Property located at 414 3rd Street, Enola, PA 17025, 230-232 State St, Enoia, PA 17025, 212-214 State St, Enola, PA 17025, 1416-1422 Trindle Rd, Carlisle, PA, 17013, 61 E. Main St, Mechanicsburg, PA 17055, 101, 103 and 105 E. Main St,Mechanicsburg,PA 17055, 139 3rd St, Enola, PA 17025,and 14 W.Lisburn Rd,Mechanicsburg,PA 17055"and located in Cumberland County,Commonwealth of Pennsylvania. (C) a Mortgage dated March 28, 2008,to Lender on real property described as"Real Property located at 206 Capitol Hill Rd,D)Ilsburg,PA 17019"and located in Franklin Township,York County,Commonwealth of Pennsylvania. (D) an Assignment of All Rents to Lender on real property described as "Real Property located at 206 Capitol Hill Rd, Dillsburg, PA 17019"and located In Franklin Township,York 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. 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($).. 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(les)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. 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. 0 .'` Loan No: PROMISSORY NOTE (Continued) Page 3 Upon any change in the terms of this Note, and unless otherwise expressly stated in writing,no guarantor, accommodation maker or endorser, shall be reed from liability. AO such who signs this Note, party !repeatedly and for any length of timet this loan or release an parties a whether as maker, se Y Party or guarantor or collateral;or agree that Lender may renew or extend curs interest in the collateral;and take�,y other action deemed necessary by Lender without theaconsent of Irl fail to a e upon p tor o ape�m ceder-$ Parties also agree that Lender may modify ths.loan without the consent of or notice to a is made. The obligatlons under this Note are joint and several. If a nYone other than the mem• All such will not affect the ny portion of this Note is for a �er with whom the modification enforceab0ity of arty other provisions of this Note. any reason determined to be unenforceable,it CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT EMPOWERS ANY ATTORNEY OR THE TO APPEAR AT ANY TIME AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTTERREEST, LATE LE OR AND ANT NY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOT, 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 ($800) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HTIMES UN L AVE TO NOTICE PAYMENT IN A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BO REPRESENTED BY INDEPENDENT LEGAL COUNSEL. RROWER'S ATTENTION OR BORROWER HAS BEEN PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND n IS INTENDED THAT THIS NOTE 1S AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW BORROWER: ;t. y, . :�3��.:�� .k`��2$s,o•3x`.�.°`2�;:"`.;±3:?rsfiNY' �;+. ^tea P.Joh Sopensky Seal) .. _www a.aaeoam e.w wwam.,wswa�.N..�aex xooa. ,u�,p,.,,,.i ra uaunnxox ia.+am rw.i _ EXHIBIT "B" AIIGNtViENT.OF SECURITY DOCUMENTS OkRSTO.WN BANK, A PENNSYLVANIA BANKING CORpORATIOIY, "Asalgoor�'), for gond and.valuable consideration, the ,receipt and sufficiency:of vvt7ich are acknowledged,bet�ebysells,`transfers;.assigrLs,deliv�rs;:sets�overand conveys to MAGNOLIA . PORTP0LIO, LLC, A DELAWARE UM IT-0 LIABILFIW COMPANY; its successors aad,.assigns ("AsBigoee"), :without recourse to� the ,Assignor; and without ;representations; warranties or covenants, express or impI- ,,w itien or oral, by the..Assignor,all.right, title and oteriest of,the.Assignor in;and to the loan identtf ed on Exhibit A:attached hecto including-without .limrtation all of Assignor, 's right, title.god interest in any guaranties, loan participation interests,`iridemaiti claim s66116tiens,. s, term, mseuanee policies, certificates of:deposit; tettEis of credit,:escrow accounts, perfoiu>snce bonds;demands;causes of action and anyother a collateral arising out of andlor,exmuted.aadlor delivered.m.or to or with respect to the Goan, together with any other doeuts or instiunLents execut�ad asd/or delivered in coiu�erctianwith or otherw-ise related to the Loan. D ated this: of Fe . � bruary,.201:3. JJ, ASSIGNOR: ORRSTOWN BANX,a Pe Ivanin banking B cocpora"tion By: MAGNOLIA PQRTF4LIO,.L[ C,a Delaware limited liabili campeny;,its Attorney-in-Fact a �P r: Name:'X.Patterson Jackson + Title: Authorized Signatory i AMME:1510.033 Lam Name:. SOPENSKY P?OHN Loan Ret:2"442909002 VERIFICATION L4 ,hereby states that DIshe Sc� 1"Ic►�R of SABAL FINANCIAL GROUP,LP,4ortgage servicing agent for Plaintiff in this matter,that h she i authorized to make this Verification,and verify that the statements made in the foregoing Civil Action+Confe_ssion of _Jud§ment",are true and correct to the best of hi er nformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. Further, due to its mortgage servicing agency relationship with plaintiff,MAGNOLIA PORTFOLIO,LLC, is in possession and control of all documents and records supporting the statements in the foregoing pleading and,therefore,the undersigned,rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). Name: Title: Company: ,.` Date: MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, PENNA. Orrstown Bank Plaintiff, : V. : NO. `c� 3 P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, Defendant. CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE c _ COMMONWEALTH OF PENNSYLVANIA : ,,� `e _<? co COUNTY OF DAUPHIN --w :Y :z t„J } T S I, James D. Young, Esquire, attorneys for and authorized representative of Plainniiff,' y Magnolia Portfolio, LLC, hereby certify, subject to the penalties of 18 Pa.C.S.A. §4904, that the Defendant is not in the military service of the United States of America to the best of my knowledge, information and belief. Ja es D. Yo , E q re SWORN TO AND SUBSCRIBED BEFORE ME THIS 5"DAY OF SEPTEMBER, 2014. Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMNIELSTOWN BORO,DAUPHIN COUNTY My Commission Expires Feb 2,2017 MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, PENNA. Orrstown Bank Plaintiff, V. NO. 3 ;L P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, Defendant. CIVIL ACTION- LAW CERTIFICATION OF ADDRESS I hereby certify that the address of the parties in the above action are as follows: Magnolia Portfolio LLC 4675 MacAurther Court, Suite 1550 Newport Beach, CA 92660 Plaintiff C, se P. John Sopensky a/k/a Paul J. Sopensky 30 E. Maplewood Avenuern M � Mechanicsburg, PA 17055 ' ` Defendant -<> `-4 ' JSDC LAW OFFICES c ;- n BY: �-"'�'J Sc tt A. Diette 'c , ire PA .D. # 556 0 James D. You , Esquire PA I.D. #53904 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff r MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, PENNA. Orrstown Bank Plaintiff, : f (.� ` ? v. NO. 1 I — 2 Jg 0i,1, P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, Defendant. CIVIL ACTION- LAW NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: P.John Sopensky a/k/a Paul J. Sopensky 30 E.Maplewood Avenue Mechanicsburg, PA 17055 A judgment in the amount of$2,416,335.66 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty(3 0) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O.Box 186 Harrisburg,PA 17108 Phone(800) 692-7375 Respectfully Submitted: JSDC LAW OFF CES Date: September 5, 2014 By: Sc tt . Dietteri k, squ e Attorney I.D. #5 6 0 James D. Young, squire Attorney I.D. #53904 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, PENNA. Orrstown Bank Plaintiff, ' V. NO. P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, Defendant. CIVIL ACTION- LAW NOTICE OF JUDGMENT TO: P. John Sopensky a/k/a Paul J. Sopensky DEFENDANTS You are hereby notified that a Judgment was entered in the above-captioned proceeding on September2014, in the amount of$2,416,335.66 plus interest on the principal sum ($2,189,149.36) from May 31, 2014, at the rate of$212.83 per diem. lop,w Prothonotary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff THE PROTHONOT, Jody S Smith Chief Deputy Richard W Stewart Solicitor ow CA C11110. (#4 OFFICE OF THE 6HERIFF 2311i SEP 22 PM 2: 29 CUMBERLAND COUNTY PENNSYLVANIA Magnolia Portfolio, LLC, a Delaware limited liability company, assigne vs. P John Sopensky Case Number 2014-5232 SHERIFF'S RETURN OF SERVICE 09/12/2014 01:30 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Confession of Judgment by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: P John Sopensky at 1300 Market Street, Suite 1 Lemoyne, PA 17043. GUTSHALL, DEPUTY SHERIFF COST: $46.08 SO ANSWERS, September 16, 2014 c) Co•ont.y.SWe Sheriff, Teleosoh, Inc. RONIN R ANDERSON, SHERIFF