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Home My WebLink About14-5238 MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, PENNA. Orrstown Bank Plaintiff, V. NO. 14" hn P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, 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 invonof Plaintiff and against Defendant as follows: 0 - -7-1' rim r Principal v p $ 167,492.55 -<x=• (__D Interest through 5/30/2014 $ 1,675.27 r-;r- Default Interest $ 3,863.68 Late Charges $ 57.23 `c-' Z' Attorneys' Fees & Costs $ 17,303.15 �`; (10% of Principal &Accrued Interest) TOTAL $ 190,391.88 plus interest on the principal sum ($167,492.55) from May 31, 2014, at the rate of$37.22 per diem. JSDC LAW OFFICES Date: September 5, 2014 BY: QOM &% Scott ietteric sq i e PA I.D. #55650 James D. Young, Esquire PA I.D. #53904 PRO HAC VICE P.O. Box 650 Hershey, PA 17033 44,6-co PD F� (717) 533-3280 ��aa i81 P# zwvq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAGNOLIA PORTFOLIO, LLC, CIVIL DIVISION a Delaware limited liability company, assignee of Orrstown Bank, vs. Plaintiff, NO.: 14 - r.-� 3 a' 3y I TevP► 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 A RNEY FOR YAO, RNPEYP TIFF 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 g��U (717) 533-3280 30 E.Maplewood Avenue,Mechanicsburg,PA 17055 FOrTIFF �3 MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, PENNA. Orrstown Bank : Plaintiff, 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 July 29, 2011, Defendant executed and delivered a certain Promissory Note ("Note") in favor of Orrstown Bank in the original principal amount of $177,000.00, 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 $ 167,492.55 Interest through 5/30/2014 $ 1,675.27 Default Interest $ 3,863.68 Late Charges $ 57.23 Attorneys' Fees & Costs $ 17,303.15 (10% of Principal &Accrued Interest) TOTAL $ 190,391.88 plus interest on the principal sum ($167,492.55) from May 31, 2014, at the rate of$37.22 per diem. WHEREFORE, Plaintiff as authorized by the Note, demands judgment against the Defendant in the amount of$190,391.88 with interest on the principal sum ($167,492.55) from May 31, 2014, at the rate of$37.22 per diem. JSDC LAW OFFICES 41k,Date: September 5, 2014 BY: Sc t A. Dietteric , s ire PA I.D. # 5565 James D. Young, Esquire 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" PROMISSORY NOTE u.„:y:}}:a:}} -. ._ ,,.}sin•+,•:..xiK�.. .,,w�....-:,:•. ._..a,�-,.n,.,::=��. - __....r.:•::.__....__......_. -'�_wLta;,m: .. 5�,:xij�`�A'�• :;;n�ua,• ... - -- v _. .:xxv+^ comma:: •:nm.c:mcss� .}�:„v:•. -.:s...ii\ti"""' '•.i.',�•• ino�K wv�g.m� ++Mia�}»:i n•.w:- , .. �.;.;; s : :: C+::mwvxav�:r'i:'��,•'r"a'�:•^c:;...• .kms_ ..\_. -� :� a,.;v�xa}.Y��..'M:.�l.•..•' �'.v:a' ;�::. :..mx�nrm - ,,77tt',_ Ana, ..kw .�•'::�3 ... .,.a,}}.:_:.:mvh�� - ._..iii_ '% ... ':7F7�_•a a,..'A' ` `:Hair References in the boxes above are for Lender's use only and do not limit the applicability of this document to any An idem above containing"**"•has been omitted due to text le 'particular loan or item. length limitations. Borrower: P.John Sopensky Lender: ORRSTOWN BANK 1300 Market St.Suite 12 011 SILVER SPRING OFFICE Lemoyne.PA 77043 77 EAST KING STREET P 0 BOX 250 SHIPPEIIISBURG.PA 17257 Principal Amount: $177,000.00 Date of Note: July 29, 2011 Maturity Date: July 29.2036 PROMISE TO PAY. P.John Sopensky 1"Borrower")promises to pay to ORRSTOWN BANK('Lender").or order.in lawful money of the United States of America.the principal amount of One Hundred Seventy-seven Thousand&00/100 Dollars(8177.000.00),together with interest on the unpaid principal balance from July 29.2011,until paid In full. PAYMENT. Borrower WIN pay this loan in full Immediately upon Lender's demand. H 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: 60 monthly consecutive principal and Interest payments In the initial amount of 81.144.58 each.beginning August 29. 2011.with interest calculated on the unpaid principal balances using an initial'interest rate of 5.950%per annum based on a year of 360 days: and 240 monthly consecutive principal and interest payments in the Mal amount of $1.057.66 each. beginning August 29. 2016. with interest calculated on the unpaid principal balances using an interest rate based on the Wan Street Prime(currently 3:250%).plus a margin of 0.500%. adjusted if necessary for the minimum and maximum rate limitations for this loan.resulting in an initial interest rate of 5.000%per annum based on a year of 360 days. Borrower's final payment wig be due on July 29. 2036 and will be for all principal and accrued interest not yet paid. together with any other unpaid amourts under this Note. Unless otherwise agreed or required by applicable law. payments will be applied first to any accrued unpaid'interest:then to principal:then to any late charges:and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 60 payments.the interest rate on this ban will be 5.950%. Thereafter. the interest rate on this Note is subject to change from time to time based on changes in an independent Index which is the Wall Street Prime(the 'Index'). The Index is not necessarily the lowest rate charged by Lender on its loans. if the Index becomes unavailable during the term of this loan. Lender may designate a substitute index after notifying Borrower. Lender will ten 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 Note will be the rate or rates set forth herein in the "Payment' section. Notwithstanding any other provision of this Note. 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 Note be less-than 5.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate. Lender.at its option. may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date. (B) increase Borrower's payments to cover accruing interest. (C) increase the number of Borrower's payments,and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis:that is. by applying the ratio of the interest rate over a year of 360 days_ mukipried by the outstanding principal balance. multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default). except as otherwise required by law. Upon prepayment of this Note.Lender is entitled to the following prepayment penalty: Should Borrower prepay all or any amount of principal during the next five(5)years.the Borrower shall be assessed against the amount prepaid,a five percent(5.0096)prepayment penalty.The assessment percentage shall decrease the percent(1.000.6)per annum to par. Lender acknowledges that excepted from this assessment win be principal payments that are generated as a result of operation of the business for which the loan was extended.Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial institution. Except for the foregoing.Borrower may pay at or a portion of the amount owed earlier than it is due. Early payments will not unless agreed to by Lender in writing. relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather. early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not.to send Lender payments marked "paid in full". "without recourse". or similar language. If Borrower sends such a payment. Lender may accept it without losing any of Lender's rights under this Note. and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts. including any check or other payment instrument that indicates that the payment constitutes "payment in full"of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Orrstown Bank.North Pointe Operations Center.2695 Philadelphia Avenue Chambersburg.PA 17201. LATE CHARGE. If a payment is 16 days or more late. Borrower will be charged 5.000% of the regularly scheduled payment or $50.00. whichever is greater. INTEREST AFTER DEFAULT. Upon default including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding an additional 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 Note would have matured had there been no default.the Default Rate Margin will continue to apply to the final interest rate described in this Note. If judgment is entered in connection with this Note.interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However.in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default("Event of Default')under this Note: ; Payment Default. Borrower falls 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. 1 False Statements. Any warranty.representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Loan No PROMISSORY NOTE (Continued) Rage 2 Note or the related documents is false or mis Or misleading at any time thereafter. leading in any material respect,either now or at the time made or furnished or becomes f4se 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 Proceedaugs. 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 ba. 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 he 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 he 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 his Note. Adverse Change. A material adverse change occurs in Borrowers financial condition, or Lender believes he 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 curare 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 Lender sends written notice to Borrower demanding cure of such default: (1) cures he default within fifteen 0 5)days,or (2) if he 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 rot 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. GOVERNING LAW. This Note wig be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender In the Commomveakh of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania, in the county in which Borrower's following address is located: 1300 Market St, Suite 12, Lemoyne, PA 17043. DISHONORED REM FEE. Borrower will pay a fee to Lender of $35.00 if Borrower makes a payment on Borrower's loan and the check or preauhorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender(whether checking savings,or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts,or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the indebtedness against any and all such accounts,and,at Lender's option,to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges his Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated July 29, 2011, to Lender on real property located in Derry Township, Dauphin County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Derry Township, Dauphin 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 pan 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 Lenders Original Commitment Letter to he 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 with us In excess of the available collected balance your acccrount(s)..t Line by wring a check on your checking account(s) SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default Lender's right to declare payment of this Note on its demand. If ancannot provisions or rights ct ill Lender shall not preclude Note. Lender may delay or forgo enforcing any of its rights or remedies under his Note-without losing them.e enforced,this aBorrowertaffect and any other person the who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for y person Upon any change In the terms of this Note,and unless otherwise expressly.stated in writing, payment,and notice r dishonor. guarantor, accommodation maker or endorser, shall be released from liability. All such, ar party who signs this Note, whether as maker, parties agree, that Lender may renew or extend y y PROMISSORY NOTE Loan,No: 4 (Continued) Page 3 Ir0eatedly and for any length of Lime) 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 ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT,AND AN ATTORNEY'S COMMISSION OF TEN PERCENT(10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WANES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, 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 IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ` hMY4Y;i?< ;:J '•:<< 7G.:k, > .. .'x. ;%4>::>.•rc..r.%�;R»y:cy :•:6i:fS?f;`::c.::i'.3^v):5%;: ,1 1 .�ncv;Ss:%''•;i:'.;:..::�};;'u'i�•:.'.6}R;';:f;>:. ..<:•.:i2•:;+;E•.,. •..2iE�)56811 P.Jo nsky lAM'OHO WI&V WI.9.96MM Cep.HaftW A—W 809a YL1 97.2011. K n1lnnaad. •M 4'W MF VZnR TW28M F*I __. EXHIBIT "B" 3 A,SSIGNLVIENT OF SECURITY DOCUMENTS ORRSTOWN BANK, A PENNSYLVANIA BANKING CORPORATION, ("Assignon. 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 reprewnWons, warranties or covenants, express or implied, written or oral,by the Assignor,all right,title and interest of the Assigriar in and to the loan identified on Exhibk-A attached hereto (the"Loan"), including without limitation all of Assignors right, title and interest in any guaranties, loan participation interests, indemnities,claims, collateral,insurance policies, certificates of deposit, letters of credit, escrow accounts,performance bonds,demands,causes of action and any other collateral arising out of and/or executed and/or delivered in or to or with respect to the Loan, together with any other documents or instruments executed and/or delivered in connection with or otherwise related to the Loan. Dated this of February,2013 ASSIGNOR: ORRSTOWN BANK,a Pennsylvania banking corporation By: MAGNOLIA PORTFOLIO,LLC,a Delaware limited.liabili �ompan its Attorney-in-Fact By: Name: R.Patterson Jackson Title: Authorized Signatory AMO Ret.: 2510.056 Loan Name: SOPENSKY P JOHN Loan Rcr::26442904003 EXHIBIT"A^ TO ASSIGNMENT OF SECURITY DOCUMENTS That certain loan dated July 29, 2011, in the stated original principal amount of$1771000.00, executed by P. John Sopensky to Orrstown Bank, which is secured by property located in Dauphin County,State of Pennsylvania. AMO Ref.: 2510.056 Loan Name: SOPRNSKY P JOHN Lou Rd:26442909003 VERIFICATION L, LA:K-c hereby states that h /she s of SABAL FINANCIAL GROUP,LP,kortgage servicing agent for Plaintiff in this matter,tha heshe - authorized to make this Verification,and verify that the statements made in the foregoing Civil Action' Confession of Judgment!are true and correct to the best of his he ' formation 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 make this Verification pursuant to Pa.R.C.P. 1024(c). ty 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. 14 -5az8 P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, C_— Defendant. CIVIL ACTION - LAW ; -f NOTICE UNDER RULE 2958.1 U)r— OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights _ r 5 To: P. John Sopensky a/k/a Paul J. Sopensky v 30 E. Maplewood Avenue .. Mechanicsburg, PA 17055 A judgment in the amount of$190,391.88 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(30) 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 OFFICES Date: September 5, 2014 By: q-aao kox Scott . Dietteric , sq i e Attorney I.D. #55 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. `� - 5o't38 �iq-r Tetm P. JOHN SOPENSKY a/k/a PAUL J. SOPENSKY, Defendant. CIVIL ACTION - LAW ' Y� AFFIDAVIT OF NON-MILITARY SERVICE =c.ni� _r )> COMMONWEALTH OF PENNSYLVANIA SS: `? ,. COUNTY OF DAUPHIN I, James D. Young, Esquire, attorneys for and authorized representative of Plaintiff, Magnolia Portfolio, LLC, hereby certify, subject to the penalties of 18 Pa.C.S.A. §4904, that the Defendants, are not in the military service of the United States of America to the best of my knowledge, information and belief. QW OK J es'D. Youn sq it SWORN TO AND SUBSCRIBED BEFORE ME THIS 5TH DAY OF SEPTEMBER, 2014. CNJ-4 aL LC - Notary Public My Commission Expires: N=Feb GHRILOCK HUMMELSTOPHIN COUNTYMy Commieb 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. 14- 5538 Divi lee 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: r Magnolia Portfolio LLC 4675 MacAurther Court, Suite 1550 Newport Beach,CA 92660 Plaintiff - = fE F P. John Sopensky a/k/a Paul J. Sopensky 30 E. Maplewood Avenue Mechanicsburg, PA 17055 Defendant JSDC LAW OFFICES BY: S A. Dieck, E uire PA I.D. #55655 James D. Yo , Esquire PA I.D. #53904 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, PENNA. Orrstown Bank Plaintiff, : V. NO. I4- �a liiv►l�TP,rt� 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 September IBA , 2014, in the amount of$190,391.88 plus interest on the principal sum ($167,492.55) from May 31, 2014, at the rate of$37.22 per diem. Prothonotary Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF 1;;;E OF •11-4E HiFF FiLED-UFFIL;:l_ THE HOONO THTARY Zt-',111 SEP 22 PM 2: 29 CUMBERLAND COUNTY PENNSYLVANIA Magnolia Portfolio, LLC, a Delaware limited liability company, assigne vs. P John Sopensky Case Number 2014-5238 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 12, Lemoyne, PA 17043. SHERIFF COST: $46.08 SO ANSWERS, September 16, 2014 CountySuRe Sheriff, Teleosoft, r. ALL, DEPUTY RONNY R ANDERSON, SHERIFF