HomeMy WebLinkAbout13-3862 Supreme C nnsylvania
Con 4 5 leas For Prothonotary Use Only:
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Docket No:
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S' Complaint F1 Writ of Summons Petition
Transfer from Another Jurisdiction Ell Declaration of Taking
K .
C Lead Plaintiff's Name: Lead Defendant's Name:
PNC BANK, N.A. CHELSEA SETTLEMENT SERVICES, INC.
T
Dollar Amount Requested: Elwithin arbitration limits
f Are money damages requested? El Yes El No
(check one) outside arbitration limits
0 '
N Is this a Class Action Suit? Yes No Is this an MDJAppeal? Yes No
A Name of Plaintiff /Appellant's Attorney: JAMES P. VALECKO, ESQ. PA ID #79596
Check here if you have no attorney (are a Self- Represented (Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the: . ONE case category that most accurately describes your
PRIMARY CASE. Tf you are making more than one type of claim, check the one that
you consider most important
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
Intentional El Buyer Plaintiff Administrative Agencies
Malicious Prosecution Debt Collection: Credit Card Board of Assessment
Motor Vehicle El Debt Collection: Other ® Board of Elections
Nuisance CONTRACT Dept. of Transportation
E] Premises Liability 0 Statutory Appeal: Other
S Product Liability (does not include Employment Dispute:
mass tort)
E Slander/Libel/ Defamation Discrimination
Other: Employment Dispute: Other Zoning Board
Other:
Other:
0 MASS TORT
Q Asbestos
N Tobacco
Toxic Tort -DES
Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
E] Toxic Waste
Other: 0 Ejectment Common Law /Statutory Arbitration
B. El Eminent Domain/Condemnation Declaratory Judgment
Q Ground Rent E] Mandamus
El Landlord/Tenant Dispute Non- Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial Quo Warranto
Dental [3 Partition Replevin
Legal 0 Quiet Title Q Other:
Medical Other:
Other Professional:
Updated 1/1/2011
F.'LED -OFFf ~C
WELTMAN, WEMBERG & REIS CO., L.P.A. OF THE P RQ T ltNOTryRY
Attorney for Plaintiff(s)
BY: James P. Valecko, Esquire '23 13 J UL - 5 P11 1 2
I.D. No.79596 CUMBERLAND COUNTY
436 Seventh Avenue, Suite 1.400 P E INN S Y LVA; N I A
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 20004669
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.
Plaintiff /
vs. Civil Action No. 3 3 g'4,- ch
CHELSEA SETTLEMENT SERVICES, INC.
D /B /A CORE SETTLEMENT SERVICES
JAMI E. BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES, INC.
D /B /A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendant(s)
COMPLAINT AND NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by an attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013���
(717) 249 -3166 17 63.17 r
C C I,II X13 7
COMPLAINT
1. Plaintiff is a corporation having offices at 3232 Newmark Drive, Bldg 2, Miamisburg, OH
45342.
2. Defendant, Chelsea Settlement Services, Inc. d/b /a Core Settlement Services,
is a Pennsylvania corporation with a last known address of 1104 Fernwood Ave, Ste 302, Camp Hill, PA
17011.
3. Defendant, Jami E. Braafhart, is an adult individual with a last known address of 500
Roundtop Rd, Lewisberry, PA 17339.
4. Defendant, Kenneth W. Braafhart, is an adult individual with a last known address of 500
Roundtop Rd, Lewisberry, PA 17339.
5. Defendant, Core Settlement Services, Inc. d/b /a Chelsea Settlement Services,
is a Pennsylvania corporation with a last known address of 3800 Market St, Camp Hill, PA 17011.
COUNT I — AGAINST CHELSEA SETTLEMENT SERVICES, INC.
D/B /A CORE SETTLEMENT SERVICES
6. On or about February 1, 2011, Defendant executed a Amended and Restated Term Note
(hereinafter the "Note ") in favor of Plaintiff, a true and correct copy of said Note is attached hereto,
marked as Exhibit "1 ", and made a part hereof.
7. Plaintiff avers that Defendant is in default of the Note by having not made payment to
Plaintiff as promised, thereby rendering the entire balance immediately due and payable.
8. Plaintiff avers that a balance of $121,469.49 is due from Defendant as of April 5, 2013. A
true and correct copy of Plaintiff's Payoff is attached hereto, marked Exhibit "2 ', and made a part hereof.
9. Plaintiff avers that the written Agreement between the parties provides that Plaintiff is
entitled to the addition of finance charges.
10. Plaintiff avers that it is entitled to finance charges at the rate of 5.00% per annum on the
unpaid balance.
11. Plaintiff avers that the Note between the parties provides that Defendant will pay Plaintiff's
reasonable attorneys' fees.
12. Plaintiff avers that such attorneys' fees amount to $1,500.00.
13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment on Count I against Defendant, Chelsea Settlement
Services, Inc. d/b /a Core Settlement Services, individually, in the amount of $121,469.49 with continuing
interest thereon at the rate of 5.00% per annum from April 5, 2013, plus attorneys' fees of $1,500.00 and
costs.
COUNT II — AGAINST JAMI E. BRAAFHART, KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES, INC. DB /A CHELSEA SETTLEMENT SERVICES,
PERSONAL GUARANTORS
14. Plaintiff incorporates herein by reference thereto each and every of the preceding
paragraphs of this Complaint as if the same were more fully set forth herein.
15. As further inducement for the extension of credit to Defendants, Jami E. Braafhart,
Kenneth W. Braafhart and Core Settlement Services, Inc. d/b /a Chelsea Settlement Services, executed and
delivered to Plaintiff their personal guaranties, true and correct copies of which are attached hereto,
marked as Exhibits "3" and "4 ", and made a part hereof.
16. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and /or
refused to pay the aforesaid balance, interest, attorneys' fees or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment on Count II against Defendants, Jami E. Braafhart,
Kenneth W. Braafhart and Core Settlement Services, Inc. d/b /a Chelsea Settlement Services, on their
personal guaranties, in the amount of $121,469.49 with continuing interest thereon at the rate of 5.00%
per annum from April 5, 2013, plus attorneys' fees of $1,500.00 and costs.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
(
James P. 4lecko, Esquire
I.D. No.79 96
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 20004669
(Page 1 of 7)
Account#! 11827
Amended and Restated
Term Note PIVC
(Daily LIBOR)
$145,797.99 February 1, 2011
FOR VALUE RECEIVED, CHELSEA SETTLEMENT SERVICES, INC. (the . "Borrower "), with an
address at 3800 Market Street, Camp Hill, PA 17011, promises to pay to the order of PNC BANK, NATIONAL
ASSOCIATION (the "Bank"), in lawful money of the United States of America in immediately available funds
at its offices located at 4242 Carlisle Pike, Camp Hill, PA 17001, or at such other location as the Bank may
designate from time to time, the principal sum of ONE HUNDRED FORTY -FIVE THOUSAND SEVEN
HUNDRED NINETY -SEVEN AND 99/100 DOLLARS ($145,797.99), together with interest accruing on the
outstanding principal balance from the date hereof, all as provided below.
1. Rate of Interest Amounts outstanding under this Note will bear interest at a rate per annum which is at
all times equal to (A) the Daily LIBOR Rate I�us (B) three hundred (300) basis points (3.00%). Interest
hereunder will be calculated based on the actual number of days that principal is outstanding over a year of 360
days. In no event will the of interest hereunder exceed the maximum rate allowed by law.
If the Bank determines (which determination shall be final and conclusive) that, by reason of circumstances
affecting the eurodollar market generally, deposits in dollars (in the applicable amounts) are not being offered to
banks in the eurodollar market for the selected term, or adequate means do not exist for ascertaining the Daily
LIBOR Rate, then the Bank shall give notice thereof to the Borrower. Thereafter, until the Bank notifies the
Borrower that the circumstances giving rise to such suspension no longer exist, the interest rate for all amounts
outstanding under this Note shall be equal to (A) the Base Rate l�us (B) one hundred (100) basis points (1.00%)
(the "Alternate Rate').
In addition, if, after the date of this Note, the Bank shall determine (which determination shall be final an d
conclusive) that any enactment, promulgation or adoption of or any change in any applicable law, rule or
regulation, or any.change in the interpretation or administration thereof by a governmental authority, central bank
or comparable agency charged with the interpretation or administration thereof, or compliance by the Bank with
any guideline, request or directive (whether or not having the force of law) of any such authority, central bank or
comparable agency shall make it unlawful or impossible for the Bank to make or maintain or fund loans based on
the Daily LIBOR Rate, the Bank shall notify the Borrower. Upon receipt of such notice, until the Bank notifies
the Borrower that the circumstances giving rise to such determination no longer apply, the interest rate on all
amounts outstanding under this Note shall be the Alternate Rate.
For purposes hereof, the following terms shall have the following meanings:
"Base Rate" shall mean the Prime Rate. If and when the Base Rate (or any component thereof) changes,
the rate of interest with respect to any amounts hereunder to which the Base Rate applies will change
automatically without-notice to the Borrower, effective on the date of any such change.
`Business Day" shall mean any day other than a Saturday or Sunday or a legal holiday'on which EXHI'BI
commercial banks are authorized or required by law to be closed for business in Camp Hill Pennsylvania. I
"Daily LIBOR Rate" shall mean, for any day, the rate per annum determined by the Bank by dividing T
(A) ilhc Published Rate by (B) a number expml to 1.00 minus the pencentagw prescribed by the Fedmal
Form 81 — DE/PA/MD (COJ) Rev. 3110
(Page 2 of 7)
Reserve for determining the maximum reserve requirements with respect to any eurocarrency fundings by
banks on such day. The rate of interest will be adjusted automatically as of each Business Day based on
changes in the Daily LIBOR Rate without notice to the Borrower.
"Prime Rate" shall mean the rate publicly announced by the Bank from time to time as its prime rate.
The Prime Rate is determined from time to time by the Bank as a means of pricing some loans to its
borrowers. The Prime Rate is not tied to any external rate of interest or index, and does not necessarily
reflect the lowest rate of interest actually charged by the Bank to any particular class or category of
customers.
"Published Rate" shall mean the rate of interest published each Business Day in the Wall Street Journal
"Money Rates" listing under the'caption "London Interbank Offered Rates" for a one month period (or, if
no such rate is published therein for any reason, then the Published Rate shall be the eurodollar rate for a
one month period as published in another publication selected by the Bank).
2. Payment Terms. Principal and interest shall be due and payable in eighty-three (83) equal consecutive
monthly installments commencing on March 1, 2011, and continuing on the first day of each month
thereafter. Any outstanding principal and accrued interest shall be due and payable in full on February 1,
2018. The level payment amount is calculated on the assumption that each periodic payment will be
made on the date when due, and if there is any variation in the actual payment dates, there may be an
additional amount due upon maturity of this Note. Any amortization schedule provided to Borrower is
only an estimate, and is superseded by the terms of this Note regarding the accrual and payment of
interest
If any payment under this Note shall become due on a Saturday, Sunday or public holiday under the laws of the
State where the Bank's office indicated above is located, such payment shall be made on the next succeeding
business day and such extension of time shall be included in computing interest in connection with such payment.
The Borrower hereby authorizes the Bank to charge the Borrower's deposit account at the Bank for any payment
when due. If the Borrower revokes this authorization for any reason whatsoever or fails to maintain a deposit
account with the Bank which may be charged, the Bank may, at its option, upon thirty (30) days notice to the
Borrower, increase the interest rate payable by the Borrower under this Note by twenty-five (25) basis points
(0.25 %). Payments received will be applied to charges, fees and expenses (including attorneys' fees), accrued
interest and principal in any order the Bank may choose, in its sole discretion.
3. Late Payments, Default Rate If the Borrower fails to make any payment of principal, interest or other
amount coming due pursuant to the provisions of this Note within fifteen (15) calendar days of the date due and
payable, the Borrower also shall pay to the Bank a late charge equal to the lesser of five percent (5 %) of the
amount of such payment or $100.00 (the "Late Charge "). Such fifteen (15) day period shall not be construed in
any way to extend the due date of any such payment. Upon maturity, whether by acceleration, demand or
otherwise, and at the Bank's option upon the occurrence of any Event of Default (as hereinafter define) and
during the continuance thereof, amounts outstanding under this Note shall bear interest at a rate per annum (based
on the actual number of days that principal is outstanding over a year of 360 days) which shall be three percentage
points (3 %) in excess of the interest rate in effect from time to time under this Note but not more than the
maximum rate allowed by law (the "Default Rate'). The Default Rate shall continue to apply whether or not
judgment shall be entered on this Note. Both the Late Charge and the Default Rate are imposed as liquidated
damages for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments, but
are in addition to, and not in lieu of, the Bank's exercise of any rights and remedies hereunder, under the other
Loan Documents or under applicable law, and any fees and expenses of any agents or attorneys which the Bank
may employ. in addition, the Default Rate reflects the increased credit risk to the Bank of carrying a loan that is
in default. The Borrower agrees that the Late Charge and Default Rate are reasonable forecasts of just
compensation for anticipated and actual harm incurred by the Bank, and that the actual harm incurred by the Bank
cannot be estimated with certainty and without difficulty.
-2-
Form 81— DE/PA /M0 (CQJ) Rev. 3110
(Page 3 of 7)
4. Prepayment The indebtedness evidenced by this Note may be in whole or in part at any time
without penalty.
5. Other Loan Documents This Note is issued in connection with a business loan agreement between the
Borrower and the Bank, dated January 5, 2007, and the other agreements and documents executed and /or
delivered in connection therewith or referred to therein, the terms of which are incorporated herein by reference
(as amended, modified or renewed from time to time, collectively the "Loan Documents"), and is secured by the
property (if any) described in the Loan Documents and by such other collateral as previously may have been or
may in the future be granted to the Bank to secure this Note.
5. Events of Default The occurrence of any of the following events will be deemed to be an "Event of
Default" under this Note: (i) the nonpayment of any principal, interest or other indebtedness under this Note
when due; (ii) the occurrence of any event of default or any default and the lapse of any notice or cure period, or
any Obligor's failure to observe or perform any covenant or other agreement, under or contained in any Loan
Document or any other document now or in the future evidencing or securing any debt, liability or obligation of
any Obligor to the Bank. (iii) the filing by or against any Obligor of any proceeding in bankruptcy, receivership,
insolvency, reorganization, liquidation, conservatorship or similar proceeding (and, in the case of any such
proceeding instituted against any Obligor, such proceeding is not dismissed or stayed within 30 days of the
commencement thereof, provided that the Bank shall not be obligated to advance additional funds hereunder
during such period); (iv) any assignment by any Obligor for the benefit of creditors, or any levy, garnishment,
attachment or similar proceeding is instituted against any property of any Obligor held by or deposited with the
Bank; (v) a default with respect to any other indebtedness of any Obligor for borrowed money, if the effect of
such default is to cause or permit the acceleration of such debt; (vi) the commencement of any foreclosure or
forfeiture proceeding, execution•or attachment against any collateral securing the obligations of any Obligor to the
Bank; (vii) the entry of a final judgment against any Obligor and the failure of such Obligor to discharge the
judgment within ten (10) days of the entry thereof, (viii) any material adverse change in any Obligor's business,
assets, operations, financial condition or results of operations; (ix) any Obligor ceases doing business as a going
concern; (x) any representation or warranty made by any Obligor to the Bank in any Loan Document or any other
documents now or in the future evidencing or securing the obligations of any Obligor to the Bank, is false,
erroneous or misleading in any material respect, (xi) if this Note or any guarantee executed by any Obligor is
secured, the failure of any Obligor to provide the Bank with additional collateral if in the Bank's opinion at any
time or times, the market value of any of the collateral securing this Note or any guarantee has depreciated below
that required pursuant to the Loan Documents or, if no speck value is so required, then in an amount deemed
material by the Bank; (xii) the revocation or attempted revocation, in whole or in part, of any guarantee by any
Obligor, or (xiii) the death, incarceration, indictment or legal incompetency of any individual Obligor or, if any
Obligor is a partnership or limited liability company, the death, incarceration, indictment or legal incompetency of
any individual general partner or member. As used herein, the term "Obligor" means any Borrower and any
guarantor of, or any pledgor, mortgagor or other person or entity providing collateral support for, the Borrower's
obligations to the Bank existing on the date of this Note or arising in the future.
Upon the occurrence of an Event of Default: (a) the Bank shall be under no further obligation to make advances
hereunder; (b) if an Event of Default specified in clause (iii) or (iv) above shall occur, the outstanding principal
balance and accrued interest hereunder together with any additional amounts payable hereunder shall be
immediately due and payable without demand or notice of any kind; (c) if any other Event of Default shall occur,
the outstanding principal balance and accrued interest hereunder together, with any additional amounts payable
hereunder, at the Bank's option and without demand or notice of any bind, may be accelerated and become
immediately due and payable; (d) at the Bank's option, this Note will bear interest at the Default Rate from the
date of the occurrence of the Event of Default; and (c) the Bank may exercise from time to time any of the rights
and remedies available under the Loan Documents or under applicable law.
7. p to Confess Judgment The Borrower hereby empowers any attorney of any court of record,
after the occurrence of any Event of Default hereunder, to appear for the Borrower and, with or without
a complaint Mcd., c 0w.s. judgment, or a series cif juda, Lseuts, against the Borrower a z Sivai of the Bank ar
-3-
Form 81— DE/PA/1MD (CO.1) Rev. 3110
(Page 6 or 7)
any holder hereof for the entire principal balance of this Note, all accrued interest and all other amounts
due hereunder, together with costs of suit and an attorney's commission of the greater of 10% of such
principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so, this Note or a copy
verified by affidavit shall be a sufficient warrant. The Borrower hereby forever waives and releases all
errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or
exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue
at the Default Rate.
No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to
exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or
void, but the power shall continue undiminished and it may be exercised from time to time as often as the
Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and
costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is
included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that the
Bank may recover from the Borrower shall not exceed the actual attorneys' fees incurred by the Bank.
8. Right of Setoff In addition to all liens upon and rights of setoff against the Borrower's money, securities
or other property given to the Bank by law, the Bank shall have, with respect to the Borrower's obligations to the
Bank under this Note and to the extent permitted by law, a contractual possessory security interest in and a
contractual right of setoff against, and the Borrower hereby grants the Bank a security interest in, and hereby
assigns, conveys, delivers, pledges and transfers to the Bank, all of the Borrower's right, title and interest in and
to, all of the Borrower's deposits, moneys, securities and other property now or hereafter in the possession of or
on deposit with, or in transit to, the Bank or any other direct or indirect subsidiary of The PNC financial Services
Group, Inc., whether held in a general or special account or deposit, whether held jointly with someone else, or
whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such
security interest and right of setoff may be exercised without demand upon or notice to the Borrower. Every such
right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default
hereunder without any action of the Bank, although the Bank may enter such setoff on its books and records at a
later time.
4. Indemaily. The Borrower agrees to indemnify each of the Bank, each legal entity, if any, who controls,
l is controlled by or is under common control with the Bank, and each of their respective directors, officers and
employees (the "Indemnified Parties"), and to defend and hold each Indemnified Party harmless from and
against any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or
external counsel with whom any Indemnified Party may consult and all expenses of litigation and preparation
therefor) which any Indemnified Party may incur or which may be asserted against any Indemnified Party by any
"- person, entity or governmental authority (including any person or entity claiming derivatively on behalf of the
Borrower), in connection with or arising out of or relating to the matters referred to in this Note or in the other
Loan Documents or the. use of any advance hereunder, whether (a) arising from or incurred in connection with
any breach of a representation, warranty or covenant by the Borrower, or (b) arising out of or resulting from any
suit, action, claim, proceeding or governmental investigation, pending or threatened, whether based on statute,
regulation or order, or tort, or contract or otherwise, before any court or governmental authority; rop vided
however that the foregoing indemnity agreement shall not apply to any claims, damages, losses, liabilities and
expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity
'agreement contained in this Section shall survive the termination of this Note, payment of any advance hereunder
and the assignment of any rights hereunder. The Borrower may participate at its expense in the defense of any
such action or claim.
10. Miscellaneous All notices, demands, requests, consents, approvals and other communications required
or permitted hereunder ( "Notices ") must be in writing (except as may be agreed otherwise above with respect to
borrowing requests) and will be effective upon receipt. Notices may be given in any manner to which the parties
may separately agree, including electronic mail. Without limiting the foregoing, first -class mail, facsimile
transmission and commercial courier sconce are hereby agreed to u.. acceptable methods for giving 'Notices.
.q_
Form 81— DE/PA /MD (COJ) Rev. 3/I0
(Page 5 of 7)
Regardless of the manner in which provided, Notices may be sent to a party's address as set forth above or to such
other address as any party may give to the other for such purpose in accordance with this paragraph. No delay or
omission on the Bank's part to exercise any right or power arising hereunder will impair any such right or power
or be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right
or power. The Bank's rights and remedies hereunder are cumulative and not exclusive of any other rights or
remedies which the Bank may have under other agreements, at law or in.equity. No modification, amendment or
waiver of, or consent to any departure by the Borrower from, any provision of this Note will be effective unless .
made in a writing signed by the Bank, and then such waiver or consent shall be effective only in the specific
instance and for the purpose for which given. The Borrower agrees to pay on demand, to the extent permitted by
law, all costs and expenses incurred by the Bank in the enforcement of its rights in this Note and in any security
therefor, including without limitation reasonable fees and expenses of the Bank's counsel. If any provision of this
Note is found to be invalid. illegal or unenforceable in any respect by a court, all the other provisions of this Note
will remain in full force and effect. The Borrower and all other makers and indorsers of this Note hereby forever
waive presentment, protest, notice of dishonor and notice of non - payment. The Borrower also waives all defenses
based on suretyship or impaimcnt of collateral. if this Note is executed by more than one Borrower, the
obligations of such persons or entities hereunder will he joint and several. This Note shall bind the Borrower and
its heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to the benefit of the
Bank and its successors and assigns; provided, howev er. that the Borrower may not assign this Note in whole or
in part without the Bank's written consent and the Bank at any ti me may assign this Note in whole or in part.
This Note has been delivered to and accepted by the Bank and will be deemed to be made in the State where the
Bank's office indicated above is located. THIS NOTE WILT. BE INTERPRETED AND THE RIGHTS AND
LIAe1LMES OF THE BANK AND THE BORROWER DETERMINED IN ACCORDANCE WITH THE LAWS OF THE
STATE WHERE THE BANK'S OFFICE INDICATED ABOVE IS LOCATED, EXCLUDING ITS CONFLICT OF LAWS
RULES. The Borrower hereby irrevocably consents to the exclusive jurisdiction of any state or federal court in the
county or judicial district where the Bank's office indicated above is located; provided that nothing contained in
this Note will prevent the Bank from bringing any action, enforcing any award or judgment or exercising any
rights against the Borrower individually, against any security or against any property of the Borrower within any
other county, state or other foreign or domestic jurisdiction. The Borrower acknowledges and agrees that the .
venue provided above is the most convenient forum for both the Bank and the Borrower. The Borrower waives
any objection to venue and any objection based on a more convenient forum in any action instituted under this
Note.
11. Authorization to Obtain Credit Reports. By signing below, each Borrower who is an individual
provides written authorization to the Dank or its designee (and any assignee or potential assignee hereof) to obtain
the Borrower's personal credit profile from one or more national credit bureaus. Such authorisation shall extend
to obtaining a credit profile in considering this Note and subsequently for the purposes of update, renewal or
extension of such credit or additional credit and for reviewing or collecting the resulting account.
12. Amendment and Restatement This Note amends and restates, and is in substitution for, that certain
Amended and Restated Committed Line of Credit Note in the original principal amount of $150,000.00 payable to
the order of the Bank and dated January 12, 2010 (the "Existing Note "). However, without duplication, this Note
shall in no way extinguish, cancel or satisfy Borrower's unconditional obligation to repay all indebtedness
evidenced by the Existing Note or constitute a novation of the Existing Note. Nothing herein is intended to
extinguish, cancel or impair the lien priority or effect of any security agreement, pledge agreement or mortgage
with respect to any Obligor's obligations hereunder and under any other document relating hereto.
13. Depository The Borrower will establish and maintain with the Bank the Borrower's primary
depository accounts. If the Borrower fails to establish and /or maintain its primary depository accounts
with the Bank, the Bank may, at its option, upon thirty (30) days notice to the Borrower, increase the
interest rate payable by the Borrower under this Note by up to 1.00 percentage points (1.00 %). The
Bank's right to increase the interest rate pursuant to this paragraph shall be in addition to any other
_5_
Form 81— DEIPA/MD (COJ) Rov.3 110
(Page 6 of 7)
rights or remedies the Bank may have under this Note, all of which are hereby reserved, and shall not
constitute a waiver, release or limitation upon the Bank's exercise of any such rights or remedies
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
I
i
-G-
Form 81— DEMAND (CO,) Rev. 3 /I0
(Page 7 of 7)
14. WAIVER OF JURY TRIM. THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE
BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY. ACTION, PROCEEDINC OR CLAIM OF ANY NATURE
RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT THE
FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
The Borrower acknowledges that it has read and understood all the provisions of this Note, including the
confession of judgment and waiver of jury trial, and has been advised by counsel as necessary or
appropriate.
WITNESS the due execution hereof as a document under seal, as of the date first written above, with
the intent to be legally bound hereby.
ATTEST: CHELSEA SETTLEMENT SERVICES, INC.
B Q
(SEAL)
Print Name _ ami E. BraafhaTt
Title: President
(Include title only if an off teer of entity signing to the tight)
Si -dpm -p
Form 81— DEIPAIMD (COJ) Rev. 3/10
Loan - Payoff Page 2 of 2
Loan Payoff Information
Principal Balance 119,362.76
INTEREST OWING 191.94
LATE CHARGE 623.06
Payoff Amount 120,177.76
This Payoff Information is for Internal PNC User only.
See the Loan Administrator for final information prior to sharing this with customers.
, EXHIBIT
https:/ /iweb.cominlending.pne.com/acbs Web/ loanPopUp.do ?screenId= LoanPayoff &selint... 1/11/2013
(Page i or a)
COMMERCIAL. GUARANTY �d
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Borrower. CHELSEA SETTLEMENT SERVICES INC. Lender PNC Bank, National Association r
3800 MARKET STREET Commercial Segment - BBL
CAMP HILL, PA 17011 4242 Carlisle Pike
Camp Hill, PA 17001
Guarantor JAMI E. BRAAFHART
KPNNErH BRAAFHART
500 ROUNDTOP ROAD
LEMSBERRY, PA 17335 --
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE For good and valuable consideration, Guarantor absolutely end unconditionally
guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all
Borrowers obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so m
Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lenders remedies against anyone else obligated to
pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor
will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same -day funds, without set -off or
deduction or counterclaIm, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty,
Guarantors liability is unlimited and Guarantors obliigations are continuing.
INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount Outstanding from time to time and at any
one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable
attomeys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acqutre i,
that Borrower Individually or collectively or interchangeably with others, owes or will owe Lender. 'indebtedness" Includes, without limitation,
loans, advances, debts, overdraft indebtedness, credit card Indebtedness, lease obligations, liabilities and obligations under any Interest rate
protection agreements or foreign currency exchange agreernerds or commodity price protection agreements, other obligations, and liabilities of I
Borrower, and any present or future judgments against Borrower, future advances, bans or transactions that renew, extend, modify, refinance,
consolidate or substitute these debts, liabilities and obligations whether. voluntarily or involuntarily incurred; due or to become due by their
terms or acceleration; absolute or contingent; liquidated or unitquidated; determined or undetermined; direct or indirect; primary or secondary in
nature or arising from'a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or
non- negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason
whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then
reduced or extinguished and then afterwards increased or reinstated.
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lenders rights under all guaranties
shall be cumulative. This Guaranty shag not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties.
Guarantors Gabilitty will be Guarantors aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND
PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR
HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE
INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY
REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART 'OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO
BALANCE FROM TIME TO TiME.
OURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any
notice to Guarantor or to Borrower, and will continue in full force until ail the Indebtedness Inured or contracted before receipt by Lender of
any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantors other obligations under this Guaranty shall have
been performed in full. if Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of
revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate In writing.
Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantors written revocation.
For this purpose and without limitation, the term 'new indebtedness" does not Include the indebtedness which at the time of notice of
revocation Is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. *For this
purpose and without limitation, 'new Indebtedness' does not include all or part of the Indebtedness that is: Incurred by Borrower prior to
revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of
the indebtedness. This Guaranty shall bind Guarantors estate as to the Indebtedness created both before and after Guarantors death or
incapacity, regardless of Lenders actual notice of Guarantors death. Subject to the foregoing, Guarantors executor or administrator or other
legal representative may terminate this Guaranty in the same manner In which Guarantor might have terminated It and with the same effect
Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this
*Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the Debility of many remaining Guarantors under this
Guaranty. It is anticipated that fluctuations may occur in the aggregate -amount of the Indebtedness covered by this Guaranty, and Guarantor
speciflcagy acknowleufgss and agrees that reductions in the amount of the indebtedness, even to zero dollars (50.00), shall not consume a
termination of this Guaranty, TNs Guaranty Is binding upon Guarantor and Guarantees heirs, successors and assigns so long as any of the
Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars ($0,00).
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or
domand.and without lessening Guarantors liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make
one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwiso to extend
additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment
- or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of Interest on the
Indebtedness; extensions may be repeated and may be for longer than the original loan tern; (C) to take and hold security for the payment of !
this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, falt or decide not to perfect, and-mlease any ouch s curity, with
or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Uon ov ;e ;'s sureties,
endorsers, or other guarantors on any terms or In any manner Lender may choose; (E) to determine how, when and what application of
payments and Credits shall be made on the indebtedness: (F7 to apply such security and direct the order or manner of sale thereof, Including
without Dmltation, any nonjudlcia) sale permitted by the terms of the Controlling security agreement or deed of trust, as Lender in its discretion
may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness: and (H) to assign or transfer this
(Page 2 of 6)
COMMERCIAL. GUARANTY
Loan No;M0827 (Continued) Page 2
Guaranty in whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or
agreements of any kind have been made to Guarantor which would limit or qualify In any way the terms of this Guaranty; (B) this Guaranty is
executed at Borrowers request and not at the request of Lender, (C) Guarantor has full power, right and authority to enter into this Guaranty;
(D) the provisions of this Guaranty do not conflict with or result In a default under any agreement or other instrument binding upon Guarantor
and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor. (E) Guarantor has not and will not, without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantors assets, or any interest therein; (F) upon Lender's request, Guarantorwill provide to Lender financial and credit information in form
acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to
Lender is and will be true and correct In all material respects and fairly present Guarantors financial condition as of the dates the financial
Information Is provided: (G) no material adverse change has occurred In Guarantor's financial condition since the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantors financial condition; (H)
no litigation, claim, investigation. administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or
threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower, and (J) Guarantor has established
adequate means of obtaining from Borrower on a continuing basis information regarding Borrowers financial condition. Guarantor agrees to
keep adequately Informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this
Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by
Lender In the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law. Guarantor waives any right to require Lender (A) to continue lending
money or to extend other credit to Borrower, (B) to make any presentment, protest, demand, or notice of any kind, Including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower,
Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or In connection with the creation of new or additional
loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, Including Borrower or any other guarantor.
(D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person. (E) to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code. (F) to pursue any other remedy within Lenders power, or (G) to commit any
act or omission of any kind, or at any time, with respect to any matter whatsoever.
Guarantor also waives any and all rights or defenses based on suretyship or Impairment of collateral including, but not limited to, any rights or
defenses arising by reason of (A) any "one action" or 'antltieficiency' law or any other law which may prevent Lender from bringing any
action, Including a claim for deficiency. against Guarantor, before or after Lenders commencement or completion of any foreclosure action.
either judicially or by exercise of a power of sate; (B) any election of remedles by Lender which destroys or otherwise adversely affects
Guarantors subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of
Borrower, of any other guarantor, or of any other person. or by reason of the cessation of Borrower's liability from any cause whatsoever, other
than payment In full In legal tender, of the Indebtedness; (0) any right to claim discharge of the Indebtedness on the basis of unjustified
impairment of any collateral for the Indebtedness; (E) any statute of limitations. If at any time any action or suit brought by Lender against
Guarantor is commenced, there is outstanding indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses
given to guarantors at law or In equity other than actual payment and performance of the Indebtedness_ If payment is made by Borrower,
whether voluntarily or otherwise, or by any third party, on the Indebtedness end thereafter Lender is forced to remit the amount of that payment
to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, counter demand, recoupmeni or similar right, whether such claim, demand or right may be asserted by the
Borrower, the Guarantor. or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is
made with Guarantbrs full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and
not contrary to public policy or law_ If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be
effective only to the extent permitted by taw or public policy.
LENDERS RIGHT OF SETOFF. To the extent permitted by applicable law, Guarantor grants Lender a contractual security interest in, and hereby
assigns, conveys, delivers. pledges and transfers to Lender all of Guarantors right, We and interest in and to Guarantor's accounts with lender
(whether checking, savings or some other account), Including without limitation all soeouMs herd jointly with someone else and all accounts
Guarantor may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security
interest would be prohibited by law. Guarantor 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 Lendel's option, to administratively freeze all such accounts to allow Lender to
protect Lenders charge and setoff rights provided in this paragraph.
suBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the indebtedness, whether now existing or hereafter
created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes
insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy. by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to
the payment of the claims of both Lender and Guarantor shall be paid to Lender and shell be first applied by Lender to the Indebtedness.
Guarantor does hereby assign to Lender all claims which It may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower: provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment In
legal tender of the Indebtedness. if Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of
Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor
egress, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights
under this Guaranty.
MISCELLANEOUS PRc(.11rISIOKS. The following miscellaneous provislons are a part of this Guaranty.
Amendments. This Guaranty, together with any Related Documents. constitutes the entire understanding and agreement of the parties as
to the matters set forth In this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lenders reasonable
(Page 3 of 6)
COMMERCIAL GUARANTY
Loan No- X0827 (Continued) Page 3
attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay
someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement Costs and expenses
Include Lenders reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, including. reasonable attomeys fees and
legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any
anticipated post Judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the
courL
Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Governing Law. This Guaranty mill 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.
Choice of Venue. If there is lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County, Commonwealth of Pennsylvania,
Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the
opportunity to be advised by Guarantors attorney with respect to this Guaranty; the Guaranty fully reflects Guarantors intentions and parol
evidence is not required to Interpret the terms of this Guaranty. Guarantor hereby Indemnifies and holds Lender harmless from all losses,
claims, damages, and costs (including Lenders attorneys' fees) suffered or Incurred by Lender as a result of any breach by Guarantor of the
warranties, representations and agreements of this paragraph.
Interpretation. In all cases where there Is more than One Borrower or Guarantor, then all words used In this Guaranty in the singular shall
be deemed to have been used in the plural where the context and construction so require; and where there Is' more than one Borrower
named in this Guaranty or when this Guaranty Is executed by more -than one Guarantor, the words "Borrower' and `Guarantor'
respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower" and 'Lender' Include the heirs, successors,
assigns, and transferees of each of them. If a court finds that any provision of this Guaranty Is not valid or should not be enforced, that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of
Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire
Into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to ad on
their behalf, and any Loan Indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under
this Guaranty.
Notices. Unless otherwise provided by applicable law, any notice required to be given under thls Guaranty shall be given in writing, and,
except for revocation notices by Guarantor, shalt be effective when actually delivered, when actually received by tetetacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or,'if mailed, when deposited in the United
States mal, as first class, certified or registered mad postage prepaid, directed to the addresses shown near the beglrming of this Guaranty.
All, revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided In the section of this
Guaranty entitled "DURATION OF GUARANTY' Any party may change its address for noboas under this Guaranty by giAng formal written
notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes. Guarantor
agrees to keep Lender informed at all times of Guarantors current address. Unless otherwise provided by applicable law, if there is more
than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors.
No Waterer by Lender. Lender shall not be deemed to have waived any rights under this Guaranty urdess such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any tight shall operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand
strict compliance with that provision or any other provision of thus Guaranty. No prior waiver by Lender, nor any course of dealing between
Lender and Guarantor, shag constitute a waiver of any of Lenders rights or of any of Guarenlors obligations as to any future transactions.
Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute
continuing consent to subsequent instances where such consent Is required and In an cases such consent may be granted or withheld in
the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantors heirs, personal
representatives, successors, and assigns, and gall be enforceable by Lender and its successors and assigns.
WAIVER OF JURY TRIAL GUARANTOR IRREVOCABLY WAIVES ANY AND ALL RIGHT GUARANTOR MAif HAVE TO A TRIAL aY JURY
IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THiS GUARANTY, ANY RELATED DOCUMENTS, OR ANY
DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR ANY TRANSACTION CONTEMPLATED iN ANY OF SUCH
DOCUMENTS. GUARANTOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
LIMITED RECOURSE AS TO NON- APPLICANT SPOUSE, Notwithstanding anything contained herein to the contrary, it is agreed that, unless
an exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System applies In connection with the
extension of the Indebtedness and the execution of this Guaranty, the spouse who Is deemed not to be the "applicant for credit' for
purposes of such regulation (the 'Non - Applicant Spouse') shall be personally liable under this Guaranty only with respect to assets held
jointly as of the date hereof or hereafter acquired, and the lien of any judgment, order or other relief against the Non - Applicant Spouse shall
be limited thereto. Nothing herein, however, shall limit the Lenders rights against any person, firm or entity other than the Non -Appiicent
Spouse.
AUTHORIZATION TO OBTAIN CREDIT REPORTS. If the Guarantor islare an individual(s), by signing below, the undersigned individual(s),
provides written authorization to Lender or its designee (and any assignee or potential assignee hereof) to obtain histher /their personal
credit profile(s) from one or more national credit bureaus. Such authorization shall extend, to obtaining a credit profile(s) in considering any
extension of Credit to the Borrower or the Guarantor and subsequently for the purposes of update, renewal or extension of such credit or
additional credit and for reviewing or collecting the resulting account. A photocopy or facsimile copy of this authorization shall be valid as
the original. By signature below, Itwe affirm my /our Identity as the respective individual/s, identified In this Guaranty.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terns
used in the singular shall include the plural, and tiva plural shall Include the singular, as the =nto.ni may require. Words and terms not othew se
defined in this Guaranty shall have the meanings ritiibuted to such terns In the Uniform Conirnaxcial Code:
Borrower. The %vord'Bomower' means CHELSEA SETTLEMENT SEP.VICES, INC. and includes all co- signers and Co -makers signing the
Note and all their successors and assigns -
Guarantor. Ths.word 'Guarantor" means everyone signing this Guaranty, including without limitation JAMI E. BRAAFHART and KENNETH
(Page 4 of 6)'
COMMERCIAL GUARANTY
Loan No: + 0827 (Continued) Page 4
BRAAFHART, and in each case, any signers successors and assigns.
Guaranty. The word 'Guaranty" means this guaranty from Guarantor to Lender. Borrowers Indebtedness to Lender as more particularly
described In this Guaranty.
Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note, or Related Documents, including all principal and
Interest together with all other Indebtedness and costs and expenses for which Borrower Is responsible under this Guaranty or under any of
the Related Documents. In addition, the word 'Indebtedness" Includes all other obligations, debts and liabilities, plus interest thereon, of
Borrower, or any one or more of them, to Lender, as well as all claims by Lender against Borrower, or any one or more of them. whether
existing now or later; whether they are voluntary or involuntary, due or not due, direct or indirect, absolute or contingent, liquidated or
unfiqufdated; whether Borrower may be liable individually or Jointly with others; whether Borrower may be obligated as a guarantor, surety,
accommodation party or otherwise; whether recovery upon such indebtedness may be or hereafter may become barred by any statute of
limitations; and whether such indebtedness may be or hereafter may become otherwise unenforceable,
Lender. The word 'Lender" means PNC Bank, National Association, its successors and assigns.
Note. The word "Note" means the promissory note dated February 1, 2011, In the original principal amount of 2145,797.89 from
Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
the promissory note or agreement.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connectiar with the Indebtedness..
CONFESSION OF JUDGEMENT. THE GUARANTOR HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE
OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE GUARANTOR AND, WITH OR WITHOUT COMPLAINT FILED,
CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE GUARANTOR IN FAVOR OF LENDER OR ANY HOLDER HEREOF FOR
THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER
WITH COSTS OF SUIT AND, AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000
ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS NOTE OR A COPY VERIFIED BY AFFIDAVrr SHALL BE A
SUFFICIENT WARRANT. THE GUARANTOR HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL
RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR
HEREAFTER ENACTED). INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE.
NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO
EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID,
BUT THE POWER SHALL CONTINUE UNDIMINISHED AND R MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT
UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE
ATTORNEY'S COMMISSION PROVIDED FOR W THE PRECEDING PARAGRAPH (WHICH IS INCLUDED IN THE WARRANT FOR PURPOSES OF
ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE GUARANTOR SHALL NOT
EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER.
GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO
ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED FEBRUARY 1, 2011.
THIS GUARANTY IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
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I BROFHART EN ETH BRAAFmART
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" ' iBIT
(Page 1 of 4) (1
COMMERCIAL GUARANTY 3 0 V
"1
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References in the boxes above are for Lenders 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 Ie th fimltations.
BOiTower: CHELSEA SETTLEMENT SERVICES, INC Lender. PNC Bank, National Association
3800 MARKET STREET Commercial Segment - BBL
CAMP HILL, PA 17011 4242 Carlisle Pace
camp Hill, PA 17001
Guaranbor CORE SETTLEMENT SERVICES, INC.
3800 MARKET STREET
CAMP HILL. PA 17011
,
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE_ For good and valuable consideration. Guarantor absolutely and unconditionally )
guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all
Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so
Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lenders remedies against anybne else obligated to
pay the indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor
will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same -day funds, without set -off or
deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty,
Guarantors Ua6flity Is unlimited and Guarantor's obligations are continuing.
INDEBTEDNESS. The word "Indebtedness" as used In this Guaranty means all of the principal amount outstanding from time to time and at any
one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable
attomays fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired,
that Borrower individually or collocthmly or interchangeably with others, owes or will owe Lender. 'Indebtedness" includes, without limitation,
loans, advances, debts, overdraft Indebtedness, credit card Indebtedness, lease obligations, liabilities and obligations under any Interest rate
p rotection
orrower, any present or future Judgments agains9Borrower, advances com modity pr otection
ss o transactions that renew, l
exte modify, refin ,
refinance,
consolidate or substitute these debts, liabilities and obligations whether voluntarily or Involuntarily incurred: due or to become due by their
terms or acceleration; absolute or contingent; liquidated or unfiquidated; determined or undetermined; direct or Indirect; primary or secondary to
nature or arising from a guaranty or surety; secured or unsecured; Joint or several or joint and several; evidenced by a negotiable or
non - negotiable instrument or writing; originated by Lender or another or others; bared or unenforceable against Borrower for any reason
whatsoever: for any transactions that may be voidable for any reason (such as infancy, Insanity, ultra vires or otherwise); and originated then
reduced or extinguished and then afterwards increased or reinstated.
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lenders rights under all guaranties
shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties.
Guarantors liability will be Guarantors aggregate liability under the terns of this Guaranty and any such other unterninated guaranties.
CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY' UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND
PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR
HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE
INDEBTEDNESS WILL. NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY
REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE' OUTSTANDING INDEBTEDNESS MAY BE A ZERO
BALANCE FROM TIME TO TIME.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any
notice to Guarantor or to Borrower, and will continue in full force t rrL7 all the Indebtedness Incurred or contracted before receipt by Lender of
any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantors other obligations under this Guaranty shall have
been performed In full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so In writing. Guarantors written notice of
revocation must be mailed to Lender, by certifted mall, at lenders address listed above or such other place as Lender may designate In writing.
Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantees written revocation.
For this purpose and without limitation, the tern "new Indebtedness
• does not include the Indebtedness which at the time of notice of
revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this
purpose and without limitation, "new indebtedness' does not include all or part of the Indebtedness that is: Incurred by Borrower prior to
revocation Incurred under a commitment that became binding before revocation' any renewals, extensions, substitutions, and modifications of
the Indebtedness. This Guaranty shall bind Guarantors estate as to the indebtedness created both before and after Guarantors death or
Incapacity. regardless of Lenders actual notice of Guarantors death. Subject to the foregoing, Guarantors executor or administrator or other i
legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same affect.
Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this
Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the tiabA'ity of any remaining Guarantors under this
Guaranty. It is anticipated that fluctuatIOns may occur In the aggregate amount of the indebtedness covered by this Guaranty, and Guarantor
specifically acknowledges and agrees that reductions In the amount of the Indebtedness, even to zero dollars ($0.00), shall not constitute a
termination of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantors heirs, successors and assigns so long as any of the
Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars ($0.00). I
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender. either before or after any revocation hereof, withmA notice or i
demand and without lessening Guarantoes liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make
one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend
additional credit to Borrower, (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times.the time for payment
or other terms of the indebtedness or any part of the Indebtedness, Including increases and decreases of the rate of interest on the
Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of
this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any such security, with
or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Sorrowees sureties,
endorsers, or other guarantors on any terms or In any manner Lender may choose; (E) to determine how, when and what application of
payments and credits shall be made on the indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including
without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion
may determine; (G) to sell, transfer, assign or grant participations in all or any pan of the indebtedness; and (I-1) to assign or transfer this
Guaranty In whole or in part.
(Page 2 of 4)
COMMERCIAL GUARANTY
Loan No: 4"0827 (Continued) Page 2
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or
agreements of any kind have been made to Guarantor which would limit or quality in anyway the terms of this Guaranty, (B) this Guaranty Is
executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty;
(D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other Instrument binding upon Guarantor
and do not result In a violation of any law, regulation, court decree or order applicable to Guarantor, (E) Guarantor has not and will not, without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantors assets, or any interest therein; (F) upon Lenders request, Guarantor will provide to Lender financial and credit information in form
acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to
Lender Is and will be true and correct in all material respects and fairly present Guarantors financial condition as of the dates the financial
information is provided; (G) no material adverse change has occurred in Guarantors financial condition since the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)
no litigation, claim, Investigation, adrpinistrative proceeding or simllar action (including those for unpaid taxes) against Guarantor is pending or
threatened, (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower, and (J) Guarantor has established
adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to
keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this
Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by
Lender in the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law. Guarantor waives any right to require Lender (A) to continue tending
money or to extend other credit to Borrower, (B) to make any presentment, proteaL demand, or notice of any kind, including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower,
Lender, any surety, endorser, or other guarantor In connection with the Indebtedness or in connectlon with the creation of new or additional
loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor,
(D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lenders power; or (G) to commit any
act or omission of any kind, or at any time, with respect to any matter whatsoever.
Guarantor also waives any and all rights or defenses based on suretyship or Impairment of collateral Including, but not limited to, any rights or
defenses arising by reason of (A) any "one action" or "anti- deficiency" law or any other law which may prevent Lender from bringing any
action, including a claim for deficiency, against Guarantor. before or after Landers commencement or completion of any foreclosure action,
either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects
Guarantor's subrogation rights or Guarantors rights to proceed against Borrower for reimbursement, including without limitation, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of
Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrowers liability from any cause whatsoever, other
than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified
impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit broug »I by Lender against
Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses
given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower,
whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender Is forced to remit the amount of that payment
to Borrowers trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at arry time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, Counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the
Borrower, the Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is
made with Guarantors full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and
not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shaft be
effective only to the extent permitted by law or public policy.
LENDER'S RIGHT OF SETOFF. To the extent permitted by applicable law, Guarantor grants Lender a contractual security interest in, and hereby
assigns, conveys, delivers, pledges and transfers to Lender all of Guarantors right, title and interest in and to Guarantor's accounts with Lender
(whether checking, savings or some other account), including without limitation all accounts held jointly with someone else and all accounts
Guarantor may open In the future, excluding however an IRA and Keogh accounts, and all trust accounts for which the grant of a security
interest would be prohibited by law. Guarantor 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 Lenders option, to administratively freeze all such accounts to allow Lender to
protect Lender's charge and setoff rights provided in this paragraph.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter
created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes
Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. in the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to
the payment of the claims of both Lender and Guarantor shalt be paid to Lender and shall be first applied by Lender to the indebtedness.
Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower, provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in
legal tender of the Indebtedness, If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations or
Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor
agrees, and lender is hereby authorized. in the name of Guarantor, from time to time to file financing statements and confinualion statements
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights
under this Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Oacuments, constitutes the entire understanding and agreement of the parties as
to the matters set forth In this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lenders costs and expenses, including Lenders reasonable
attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay
someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses
(Page 3 of A)
COMMERCIAL GUARANTY
'Loan No: X0827 (Continued) Page 3�
include Lender's reasonable attorneys' fees and legal expenses whether or not there Is a lawsuit, including reasonable attorneys' leas and
legal expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), appeals, and any
anticipated postiudgment collection services. Guarantor also shall pay all court costs and such addltkmal fees as may be directed by the
court
Caption Headings. Caption headings In this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Governing Law. This Guaranty will he 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.
Choke of Venue. If there is a lawsuit, Guarantor agrees_upon Lenders request to submit to the jurisdiction of the courts of Cumberland
County, Commonwealth of Pennsylvania.
Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty, Guarantor has had the
opportunity to be advised by Guarantors attorney with respect to this Guaranty; the Guaranty fully reflects Guarantors intentions and paroi
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby Indemnities and holds Lender harmless from all losses,
claims, damages, and costs {including Lenders attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties, representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used In this Guaranty In the singular shall
be deemed to have been used in the piurai'where the context and construction so require; and where there is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and 'Guarantor'
respectively shall mean all and any one or more of them. The words "Guarantor; 'Borrower. and 'Lender include the heirs, successors,
assigns,-and transferees of each of them. If a court finds that any provision of this Guaranty Is not valid or should not be enforced, that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of
Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire
into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on
their behalf, and any Loan indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under
this Guaranty.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and,
except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimlle (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, If matted, when deposited in the United
States mall, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty.
All revocation notices by Guarantor shall be In writing and shall be effective upon delivery to lender as provided in the section of this
Guaranty entitled "DURATION OF GUARANTY-" Any parry may change Its address for notices under this Guaranty by giving formal written
notice to the other parties, specifying that the purpose of the notice Is to change the party's address. For notice purposes, Guarantor
agrees to keep Lender intotmed at all times of Guarantors current address. Unless otherwise provided by applicable law, if there is more
than one Guarantor, any notice given by Lender to any Guarantor Is deemed to be notice given to all Guarantors.
No Waiver by Lender. Lender shall not be deemed to have waived any nights under this Guaranty unless such waiver is given In writing and
signed by Leader. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other
right A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lenders right otherwise to demand
strict compliance with that provision or any other provision of this Guaranty, No prior waiver by Lender, nor any course of dealing between
Lender and Guarantor, shall constitute a waiver of airy of Lenders rights or of any of Guarantors obligations as to any future transactions.
Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any Instance shall not constitute
continuing consent to subsequent instances where such consent Is required and in all Cases such consent may be granted or withheld in
the solo discretion of Lender. i
Successors and Assigns. The terns of this Guaranty stall be binding upon Guarantor, and upon Guarantors hers, personal
representatives, successors, and assigns, and shall be enforceable by Lender and Its successors and assigns. l
WAIVER OF JURY TRIAL GUARANTOR IRREVOCABLY WAIVES ANY AND ALL RIGHT GUARANTOR MAY HAVE TO A TRIAL BY JURY I
IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, ANY RELATED DOCUMENTS, OR ANY
DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR ANY TRANSACTION CONTEMPLATED' IN ANY OF SUCH I
DOCUMENTS. GUARANTOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
LIMITED RECOURSE AS TO NON - APPLICANT SPOUSE. Notwithstanding anything contained herein to the contrary, it is agreed that, unless
an exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System applies in connection with the
extension of the Indebtedness and the execution of this' Guaranty, the spouse who Is deemed not to be the 'applicant for credit' for
purposes of such regulation (the "Non - Applicant Spouse) shall be personally Gable under this Guaranty only with respect to assets held
jointly as of the date hereof or hereafter acquired, and the lien of any judgment order or other relief against the Non - Applicant Spouse shall
be limited thereto. Nothing herein, however, shall Omit the Lenders rights against any person, firm or entity other than the Non - Applicant
Spouse.
AUTHORIZATION TO OBTAIN CREDIT REPORTS. If the Guarantor islare an individuals), by signing below, the undersigned Individual(s),
provides written authorization to Lender or its designee (and any assignee or potential assignee hereof) to obtain hislhetAhelr personal
credit protile(s) from one or more national credit bureaus. Such authorization shall extend to obtaining a credit prvfile(s) in considering any
extension of credit to the Borrower or the Guarantor and subsequently for the purposes of update, renewal or extension of such credit or
additional credit and for reviewing or collecting the resulting account A photocopy or facsimile copy of this authorization shall be valid as
the original. By signature below, llwe affirm mylour identity as the respective Individuatls Identified In this Guaranty.
DEFINITIONS. The following capitalized words and terms shalt have the following meanings when used in this Guaranty. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shaft include the singular, as the context may require. Words and terms not otherwise i
defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means CHELSEA SETTLEMENT SERVICES, INC. and includes all co- signers and co- makers signing the
Note and all their successors and assigns.
Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation CORE SETTLEMENT SERVICES, INC.,
and in each case, any signers successors and assigns.
i
Guaranty'. The word "Guaranty" means'this'guaranty from Guarantor to Lender. Borrowers indebtedness to Lender as more particularly
(Page 4 or 4)
COMMERCIAL GUARANTY
Loan No 50827 (Continued) Page 4
described in this Guaranty.
Indebtedness. The word 'Indebtedness" means the indebtedness evidenced by the Note, or Related Documents, including all principal and
interest together with all other Indebtedness and costs and expenses for which Borrower Is responsible under this Guaranty or under any of
the Related Documents. In addition, the word "Indebtedness' includes all other obligations, debts and liabilities, plus Interest thereon, of
Borrower, or any one or more of them, to Lander, as well as all claims by Lender against Borrower, or any one or more of them, whether
existing now or later, whether they are voluntary or Involuntary, due or not due. direct or indirect, absolute or contingent, liquidated or
unliquidated; whether Borrower may be liable individually or Jointly with others; whether Borrower may be obligated as a guarantor, surety,
accommodation party or otherwise; whetter recovery upon such indebtedness may be or hereafter may become barred by any statute of
limitations; and whether such Indebtedness may be or hereafter may become otherwise unenforceable.
Lender. The word "Lender' means PNC Bank, National Association, Its successors and assigns.
Note. The word 'Note" means the promissory note dated February 1, 2011, In the original principal amount of $145,797.99 from
Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
the promissory note or agreement
Related Documents. The words 'Related Documents" mean all promissory notes. Credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents. whether now or hereafter existing, execuled in connection with the Indebtedness..
CONFESSION OF JUDGEMENT. THE GUARANTOR HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE
OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE GUARANTOR AND, WITH OR WITHOUT COMPLAINT FILED,
CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE GUARANTOR IN FAVOR OF LENDER OR ANY HOLDER HEREOF FOR
THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER
WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000
ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A
SUFFICIENT WARRANT. THE GUARANTOR HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL
RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR
HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE.
NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO
EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID,
BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT
UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE
ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRECEDING PARAGRAPH (WHICH IS INCLUDED IN THE WARRANT FOR PURPOSES OF
ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE GUARANTOR SHALL NOT
EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER.
GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO
ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED FEBRUARY 1, 2011.
THIS GUARANTY 1S GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
CORE SETTLEMENT SERVICES, INC.
y � Lf Z Seal)
'E. B RT, P dent of CORE
ENT SERVICES, INC.
{ALER FlO IRN¢ W.S1i.t0A0ti1 dA.1101,11O,wity,l l,MODeO.Or 100$, t0�1. N0.yW RuOrrN. -M f.ICfRlYE00.lC 1Ri0p)70116 q13
i
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904
relating
to unworn falsifications to authorities, that he /she is
(NA F
'� t f ��✓ t , plaintiff
(TITLE) 0 (COMPANY)
herein, that he /she is duly authorized to make this verification, and that the facts set forth
in the foregoing Complaint in Civil Action are true and correct to the best of his/her
knowledge, information and belief.
(SIGNATURE)
i
I
i
WWR# 20004669
i
I
i
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson _t'�Li )- '1°9 1 C
Sheriff `C THE E P R V T H D fi O Tr=.s'i`
Jody S Smith
Chief Deputy
` 2013 JUL 29 01 9:
Richard W Stewart rw'UMB.RLA140 t 0UN-TY
Solicitor O OF TPE SHERIrr PDi N S Y L VA X81 A
PNC Bank, N.A.
Case Number
vs. 2013-3862
Chelsea Settlement Services, Inc. d/b/a Core Settlement Services (et al.)
SHERIFF'S RETURN OF SERVICE
07/05/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Jami E Braafhart, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Complaint&Notice according to law.
07/05/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Kenneth Braafhart, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Complaint&Notice according to law.
07/15/2013 09:39 AM-The requested Complaint&Notice served by the Sheriff of York County upon Kenneth
Braafhart, Spouse, who accepted for Jami E Braafhart, at 500 Roundtop Road, Lewisberry, PA 17339.
Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record.
07/16/2013 02:27 PM-Deputy William Cline, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Kenneth Braafhart, Owners
Husband,who accepted as"Adult Person in Charge"for Core Settlement Services Inc. d/b/a Chelsea
Settlement Services at 3800 Market Street, Hampden Township, Camp Hill A 011.
11 LIAM CLINE, D PUTY
07/16/2013 02:27 PM-Deputy William Cline, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Kenneth Braafhart, Owners
Husband, who accepted as"Adult Person in Charge"for Chelsea Settlement Services, Inc. d/b/a Core
Settlement Services at 3800 Market Street, Hampden Twp, Camp Hill, PA 170
WILLIAM CLINE, DEPUTY
07/26/2013 09:39 AM-The requested Complaint&Notice served by the Sheriff of York County upon Kenneth
Braafhart, personally, at 500 Roundtop Road, Lewisberry, PA 17339. Richard Keuerleber, Sheriff, Return
of Service attached to and made part of the within record.
SHERIFF COST: $100.00 SO ANSWERS,
July 26, 2013 RbNW R ANDERSON,SHERIFF
(c)CouhtySufte Sheriff,Teieosoft,]nc.
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber
PETER J.MANGAN, ESQ.
Sheriff
Solicitor
Reuben B Zeager Richard E Rice,11
Chief Deputy, Operations Chief Deputy,Administration
PNC BANK, N.A.
VS. Case Number
CHELSEA SETTLEMENT SERVICES, INC. D/B/A CORE SETTLEMENT SERVICES et a[ 13-3862 CIVIL
let al.)
SHERIFF'S RETURN OF SERVICE '
07/15/2013 09:39 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED COMPLAINT&NOTICE BY"PERSONALLY"HANDING A TRUE COPY TO A
PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: KENNETH
BRAAFHARTAT 500 ROUNDTOP ROAD, LEWISBERRY, PA 17339.
MICHAEL MNOVAN, DEPUTY
07/15/2013 09:39 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED COMPLAINT& NOTICE BY HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE KENNETH BRAAFHART, SPOUSE, WHO ACCEPTED AS
"ADULT PERSON IN CHARGE"FOR JAMI E. BRAAFHART AT 500 ROUNDTOP ROAD, LEWISBERRY,
PA 17339.
-0-
MICHAEL DAONOVAN, DEPUTY
SHERIFF COST $51.34 S ER
July 19, 2013 RICH XRD P KEUERLEBER, SHERIFF
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sheila E.Cook,Notary Public
City of York,York County
My Commission Expires Feb.1,2017
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
---------------- ------ ------ ------ ------------- ------ -------------------------- --------------- - -------------------------
NOTARY
Affirmed and subscribed to before me this
19TH day of JULY 2013 -A-1
(c)CountySure Sheriff,Teleceoft,Inc-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A. G
Plaintiff n ~�
C --. -
Ct3
VS. Civil Action No. 13-3862 CIVIL TERM Z-n "ern
�r c�
7;�)G
CHELSEA SETTLEMENT SERVICES, INC. ..�
D/B/A CORE SETTLEMENT SERVICES <C .,� G-Y,
JAMI E.BRAAFHA.RT q n ,
KENNETH BRAAFHART and c:> t�?
CORE SETTLEMENT SERVICES, INC. G
�'Z t n
DB/A CHELSEA SETTLEMENT SERVICES -K.
as Personal.Guarantors
Defendants
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendants, Chelsea Settlement Services, Inc. d/b/a Core Settlement Services,Jami E.
Braafhart, Kenneth Braafhart and Core Settlement Services, Inc. d/b/a Chelsea Settlement Services above named, in the
default of an Answer, in the amount of$125,232.48 computed as follows:
Amount claimed in Complaint $121,469.49
Interest from April 5, 2013 to August 19,2013
at the rate of 5.00%per annum $2,262.99
Attorneys' Fees $1,500.00
TOTAL $1.25,232.48
I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA
R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN,WEINBERG&REIS CO.,L.P.A.
B .
James P. Val o,Esquire
PA I.D.#795
Weltman, Weinberg&Reis Co.,L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue tp J Q
Pittsburgh,PA 15219 J Ci
434-7955
WW R#2000 4669 °Iy O��y
Plaintiffs address is: 1� ags�d�
c/o Weltman, Weinberg&Reis Co.,L.P.A., 1400 Koppers Building,436 7`h Avenue,Pittsburgh,PA 15219
And that the last known address of the Defendants are: 500 ROUNDTOP RD,LEWISBERRY,.PA 17339 AND 3800 MARKET
�� ��
ST,CAMP HILL,PA 17011 Not U t ".E` �
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA � - ------ -`—`--
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff CASE#: 13 -386z C 1vJl. T&g q
CHELSEA SETTLEMENT SERVICES,INC.
D/B/A CORE SETTLEMENT SERVICES
JAMI E. BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES,INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendants
TO: IMPORTANT NOTICE
Chelsea Settlement Services,Inc.
D/B/A Core Settlement Services .
3800 Market St
Camp Hill,Pa 17011
Date of Notice:
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
WELTMAN,WEINBERG&REIS CO., L.P.A.
B .,_
James P. V ecko, Esquire
P.A.I.D.#79 96
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
WWR#20004669
IN THE COURT OF'COMMON-PLEAS CUMBEREA-ND CO-LINTY;PENNSYL-MANIA -- - -
CIVIL.DIVISION
PNC BANK,N.A.
Plaintiff
CASE#: 13-3a&2 Civ/t ice=
CHELSEA SETTLEMENT SERVICES,INC.
D/B/A CORE SETTLEMENT SERVICES
JAMI E. BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES.INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendants
TO:
IMPORTANT NOTICE
Jami E.Braafhart
500 Roundtop Rd
Lewisberry,Pa 17339
Date of Notice: /
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN.DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
WELTM INBERG& REIS CO., L.P.A.
By
James P. Vale ko, Esquire
P.A.1.D.#79596
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 1521.9
Phone: (412) 434-7955
WWR#20004669
IN THE COURT-OF COMMON PLEAS-CUMBERLAND COUNTY;PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff
CASE#: 13 -3062 Lrv,q- Tern
CHELSEA SETTLEMENT SERVICES,INC.
DB/A CORE SETTLEMENT SERVICES
JAMI E.BRAAFIIART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES, INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendants
TO: IMPORTANT NOTICE
Kenneth Braafhart
500 Roundtop Rd
Lewisberry,Pa 17339
Date of Notice:
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
PROPERTY OR OTHER IMPORTANT RIGHTS.NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH .BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166
WELTMAN, WEINBERG&REIS CO., L.P.A.
By:
Jamq. a cko, Esquire
P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
W WR#20004669
IN THE-COURT-OF-COMMONPLEAS CUMBERlATTD COUNTY;
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff
CASE#: 13 -3�6,Z 6 1v;� i�zrc
CHELSEA SETTLEMENT SERVICES,INC.
D/B/A CORE SETTLEMENT SERVICES
JAMI E.BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES,INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendants
TO:
IMPORTANT NOTICE
Core Settlement Services,Inc.
D/B/A Chelsea Settlement Services
3800 Market St
Camp Hill,Pa 17011
Date of Notice:
YOU ARE IN .DEFAULT BECAUSE YOU HAVE FAILED TO ENTER. A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
PROPERTY OR OTHER IMPORTANT RIGNOTICE, A JUDGMENT MAY BBE ENTERED AGAINST YOU WITHOUT A .HEARING AND YOU MAY LOSE YOUR
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH .BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
WELTMAN, WEINBERG&REIS CO., L.P.A.
By:
James P. V 'ecko, Esquire
P.A.1.D.# 79 96
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 1521.9
Phone: (412) 434-7955
WWR#20004669
IN THE COMMON PLEAS COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff
Civil Action No. 13-3862 CIVIL TERM
VS.
NON-MILITARY AFFIDAVIT
CHELSEA SETTLEMENT SERVICES, INC.
D/B/A CORE SETTLEMENT SERVICES
JAMI E. BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES, INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendants
The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter
and states as follows:
Affiant states that the within Affidavit is made pursuant to and in accordance with the
Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521.
Affiant further states that based upon investigation it is the affiant's belief that the Defendants, Jami E.
Braafhart and Kenneth l3raafhart are not in the military service.
Affiant further states that this belief is supported by the attached certificate from the Defense
Manpower Data Center (DMDC), which states that the DMDC does not possess any information
indicating that the below individuals are in the military service:
JAM] E.BRAAFHART
500 ROUNDTOP RD
LEWISBERRY,PA 17339
KENNETH BRAAFHART
500 ROUNDTOP RD
LEWISBERRY, PA 17339
Affiant further states that the averments contained herein are true and correct to the best of
Affiant's knowledge, information and belief and that these averments are made subject to the penalties
of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities.
Affiant
Department of Defense Manpower Data Center Results as of:Aug-19-2013 05:16:25
SCRA 3.0
Statue Report
/ Pursuant to Servicemembers Civil Relief Act
Last Name: BRAAFHART
First Name: JAMI
Middle Name: E
Active Duty Status As Of: Auy-19-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA r _ - No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA "NA - - No NA
This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA -No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
.r
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
• Department of Defense Manpower Data Center Results as of:Aug•19.2013 05:19:00
SCRA 3.0
Status Report
Pursu-sint to Sery eememben Civil R.eltef Act
Last Name: BRAAFHART
First Name: KENNETH
Middle Name:
Active Duty Status As Of: Aug-19-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals active duty statu's based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Activa Duty End Date Status Service Component
NA NA - No NA
This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Cali-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or histher unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
iAF
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff
vs. Civil Action No. 13-3862 CIVIL TERM
CHELSEA SETTLEMENT SERVICES,INC.
DB/A CORE SETTLEMENT SERVICES
JAMI E.BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES, INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendants
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx)Defendant
( )Garnishee
You are hereby notified that the following
Order or Judgme t was entered against you
on 4 3
(xx) Assumpsit Judgment in the amount
of$125,232.48 plus costs.
( ) Trespass Judgment in the amount
of$ plus costs.
( ) If not satisfied within sixty(60)days,your motor vehicle operator's
license and/or registration will be suspended by the Department of
Transportation,Bureau of Traffic Safety,Harrisburg,PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By: a�
CHELSEA SETTLEMENT SERVICES,INC. PROTHONOTARY(OR DEPUTY)
D/B/A CORE SETTLEMENT SERVICES
3800 MARKET ST
CAMP HILL, PA 17011
Plaintiff's address is:
c/o Weltman,Weinberg&Reis Co.,L.P.A., 1400 Koppers Building,436 7`h Avenue, Pittsburgh,PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL.DIVISION
PNC BANK,N.A.
Plaintiff
vs. Civil Action No. 13-3862 CIVIL TERM
CHELSEA SETTLEMENT SERVICES,INC.
D/B/A CORE SETTLEMENT SERVICES
JAMI E.BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES,INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendants
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx)Defendant
( )Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on
(xx) Assumpsit Judgment in the amount
of$125,232.48 plus costs.
( ) Trespass Judgment in the amount
of$ plus costs.
( ) If not satisfied within sixty(60)days,your motor vehicle operator's
license and/or registration will be suspended by the.Department of
Transportation,Bureau of Traffic Safety,Harrisburg,PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( .) Confession
(xx) Default
( ) Verdict
Arbitration
Award
Prothonotary
B :
Y
JAM1 E. BRAAFHART P.ROTHONOTARY'(OR DEPUTY)
500 ROUNDTOP RD
LEWISBERRY,PA 17339
Plaintiffs address is:
c/o Weltman,Weinberg&Reis Co.,L.P.A., 1400 Koppers Building,436 7n'Avenue,Pittsburgh,.PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff
vs. Civil Action No. 13-3862 CIVIL TERM
CHELSEA SETTLEMENT SERVICES,INC.
DIB/A CORE SETTLEMENT SERVICES
JAMI E.BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES, INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendants ,
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx)Defendant
( )Garnishee
You are hereby notified that the following
Order orJudgme t was entered against you
on
(xx) Assumpsit Judgment in the amount
of$125,232.48 plus costs.
( ) Trespass Judgment in the amount
of$ plus costs.
( ) If not satisfied within sixty(60)days,your motor vehicle operator's
license and/or registration will be suspended by the Department of
Transportation,Bureau of Traffic Safety,Harrisburg,PA'.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By:
P.ROTHO (OR
KENNETH BRAAFHART
500 ROUNDTOP RD
LEWISBERRY, PA 17339
Plaintiff's address is:
c/o Weltman,Weinberg&Reis Co.,L.P.A., 1400.Koppers Building,436 7`"Avenue,Pittsburgh,PA 1.5219
1-888-434-0085
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff
vs. Civil Action No. 13-3862 CIVIL TERM
CHELSEA SETTLEMENT SERVICES,INC.
D/B/A CORE SETTLEMENT SERVICES
JAMI E.BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES,INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendants
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx)Defendant
( )Garnishee
You are hereby notified that the.following
Order or Judgm nt was entered against you
on 8 a$
(xx) Assumpsit Judgment in the amount
of$125,232.48 plus costs.
( ) Trespass Judgment in the amount
of$ plus costs.
( ) If not satisfied within sixty(60)days,your motor vehicle operator's
license and/or registration will be suspended by the.Department of
Transportation,Bureau of Traffic Safety,Harrisburg,PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By:
PROTHONOTARY(OR DEPUTY)
CORE SETTLEMENT SERVICES,INC.
DB/A CHELSEA SETTLEMENT SERVICES
3800 MARKET ST
CAMP HILL, PA 17011
Plaintiff's address is:
c/o Weltman,Weinberg&Reis Co.,L.P.A., 1400 Koppers Building,436 7`h Avenue,Pittsburgh, PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff No. 13-3862 CIVIL TERM
vs. PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
CHELSEA SETTLMENT SERVICES, INC.
D/B/A CORE SETTLEMENT SERVICES
JAMI E. BRAAFHART
KENNETH BRAAFHA.RT and
CORE SETTLEMENT SERVICES, INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors Q
Defendant(s)
cn
AMERICHOICE FCU _-- _ c-
CD
—+Cr
Garnishee(s)
FILED ON BEHALF OF
PlaintiffrT<
COUNSEL OF RECORD OF
THIS PARTY:
James P. Valecko, Esquire
PA I.D. #79596
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 7`h Avenue, Suite 1400
Pittsburgh, PA 15219
(412)434-7955
WWR No. 20004669
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff
VS. Civil Action No. 13-3862 CIVIL TERM
CHELSEA SETTLMENT SERVICES,INC.
D/B/A CORE SETTLEMENT SERVICES
JAMI E. BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES, INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendant(s) l` f{�J ��/ 0
AMERICHOICE FCU s f- -A C`7fLo P4 �I I�P' /"��a�I C 1�U V ��
,2 o Po
Garnishee(s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
2. against CHELSEA SETTLEMENT SERVICES, INC.D/B/A CORE SETTLMENT SERVICES,JAMI E
BRAAFHART, KENNETH BRAAFHART and CORE SETTLEMENT SERVICES, INC. DB/A
CHELSEA SETTLMENT SERVICES , Defendants
3. against AMERICHOICE FCU, Garnishee
4. Judgment Amount $ $125,232.48
Less Payments/credits received $ $0.00
Interest $ $247.03
Costs $
SUBTOTAL: $ $125,479.51
Costs(to be added by Prothonotary): $
Gt �� Cw WELTMAN, WEINBERG& REIS CO.,L.P.A.
OD• 00 CQ� By: (DL
James P. jalecko, Esquire
/0 ,3 . 7s PA I.D. #79596
WELTMAN, WEINBERG & REIS CO., L.P.A.
4367 1h Avenue, Suite 1400
Pittsburgh,PA 15219
2 T . �5 p� , Co (412)434-7955
�r2
IiL /l�927,6
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W WR No.20004669
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 2013-3862 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK,N.A.Plaintiff(s)
From CHELSEA SETTLEMENT SERVICES,INC.,D/B/A CORE SETTLEMENT SERVICES
JAMIE E. BRAAFHART,KENNETH BRAAFHART and CORE SETTLEMENT SERVICES,
INC.,D/B/A CHELSEA SETTLEMENT SERVICES
(1) You are directed to levy upon the property of the defendant(s)and to sell
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of AMERICHOICE FCU GARNISHEE(S)as follows:
AMERICHOICE FCU-20 SPORTING GREEN DRIVE,MECHANICSBURG,PA 17050
and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s) and from delivering any property of the
defendant(s)or otherwise disposing thereof,
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$125,232.48 Plaintiff Paid$
Interest$249.25
Attorney's Comm. % Law Library$.50
Attorney Paid$24?.0 3 Due Prothonotary$2.25
Other Costs$
Date: September 16,2013 I )ll�U �U�L
David D.Buell,Prothonotary
By.
Deputy
REQUESTING PARTY:
Name :JAMES P. VALECKO,ESQUIRE
Address: WELTMAN,WEINBERG&REIS CO.,L.P.A
4367 TH AVENUE, SUITE 1400
PITTSBURGH,PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 79596
SHERIFFS OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ,zrt' k"'F THE PROTHON !!\R'mart �
Jody S Smith 2013 SEP 20 hM 19". 41
Chief Deputy
A
Richard W Stewart CUMBERLAND COUNTY
Solicitor 0MCE OrTI-k SKERIFP PENNSYLVANIA
PNC Bank, N.A. Case Number
vs. 2013-3862
Chelsea Settlement Services, Inc. d/b/a Core Settlement Services(et al.)
SHERIFF'S RETURN OF SERVICE
09/18/2013 01:49 PM-Jamie DiMartle, Deputy,who being duly sworn according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee,Americhoice Federal Credit Union, 20 Sporting
Green Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to
Carrie DeHart, Head Member Service Representative, personally three copies of interrogatories together
with three true and attested copies of the Writ of Execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on September 19, 2013 to Kenneth W. Braafhart
at 500 Roundtop Road, Lewisberry, PA 17339; Jami E. Braafhart at 500 Roundtop Road, Lewisberry, PA
17339; Chelsea Settlement Services, Inc. D/B/A Core Settlement Services at 1104 Fernwood Avenue, Ste
302, Camp Hill, PA 17011; and to Core Settlement Services, Inc., D/B/A Chelsea Settlement Services at
3800 Market Street, Camp Hill, PA 17011.
W-�
IE DIMARTI-tD5POTY
SO ANSWERS,
September 19,2013 RbNW FANDERSON, SHERIFF
(0)CountySuftle Sheriff,Tdeosoft,Inc.
WELTMAN,WEINBERG & REIS CO.,L.P.A.
BY: William T. Molczan, Esquire Attorney for Plaintiff(s)
I.D.No.47437
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File#20004669
`V iN c)
PNC BANK,N.A. rT'
CUMBERLAND County c" J
Court of Common Pleas G:M
vs. Wiz. -
CHELSEA SETTLEMENT SERVICES, INC - '
D/B/A CORE SETTLEMENT SERVICES <_
JAMI E. BRAAFHART
KENNETH BRAAFHART AND
CORE SETTLEMENT SERVICES, INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
NO. 13-3862 CIVIL TERM
and
AMERICHOICE FCU
Garnishees)
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly marked the above matter discontinued and ended as to Garnishee(s),AMERICHOICE
FCU, only.
WELTMAN, WEINBERG& REIS CO., L.P.A
By v "" 41,4
William T. Molcza-, :squire
Attorney for Plain iff
a
� q,sapd a 1/-7
&K,11. !I is3Y?o
WELTMAN,WEINBERG & REIS CO.,L.P.A. ,r
THE R� � R r
BY: James P.Valecko, Esquire Attorney for Plain )JAN -6 MI `I. 54
I.D.No.79596
436 Seventh Avenue, Suite 1400 CUMBERLAND COUNTY
Pittsburgh, PA 15219 PENNSYLVANIA
Phone: 412.434.7955
Fax: 412.434.7959
File# 20004669
PNC BANK,N.A.
Plaintiff
Cumberland County
Court of Common Pleas
vs.
NO. 13-3862 CIVIL TERM
CHELSEA SETTLEMENT SERVICES, INC.
D/B/A CORE SETTLEMENT SERVICES
JAMI E. BRAAFHART
KENNETH BRAAFHART and
CORE SETTLEMENT SERVICES, INC.
D/B/A CHELSEA SETTLEMENT SERVICES
as Personal Guarantors
Defendant(s)
PRAECIPE FOR SATISFACTION OF JUDGMENT
TO THE PROTHONOTARY:
Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the
Court and mark the cost paid.
WELTMAN, WEINBERG& REIS CO., L.P.A.
By N V--
Jam s P. Valecko, Esquire
Att rney for Plaintiff
C til Ili/ 5 9/?
p If 366
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson F,LtEU -CF "HCE
Sheriff :F THE PRDTHCNO BAR'
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2014 APR 25 PM 3: •H
CUMBERLAND COUNTY
PENNSYLVANIA
PNC Bank, N.A.
vs.
Chelsea Settlement Services, Inc. d /b /a Core Settlement Services (et al.)
Case Number
2013 -3862
SHERIFF'S RETURN OF SERVICE
09/18/2013 01:49 PM - Jamie DiMartle, Deputy, who being duly sworn according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, Americhoice Federal Credit Union, 20 Sporting
Green Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to
Carrie DeHart, Head Member Service Representative, personally three copies of interrogatories together
with three true and attested copies of the Writ of Execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on September 19, 2013 to Kenneth W.
Braafhart at 500 Roundtop Road, Lewisberry, PA 17339; Jami E. Braafhart at 500 Roundtop Road,
Lewisberry, PA 17339; Chelsea Settlement Services, Inc. D /B /A Core Settlement Services at 1104
Fernwood Avenue, Ste 302, Camp Hill, PA 17011; and to Core Settlement Services, Inc., D /B /A Chelsea
Settlement Services at 3800 Market Street, Camp Hill, PA 17011.
04/14/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months. However, plaintiffs attorney collected
and settled for $ 5,000.00
SHERIFF COST: $213.50 SO ANSWERS,
April 25, 2014 RONIJ R ANDERSON, SHERIFF
u) Cou.^.tySu io Sheriff, e,eoso`i.
r.
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