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Home My WebLink About07-6919Merchants Express Money Order Company, Inc. PLAINTIFF V. Garland L. Miles Individually, jointly and severally, DEFENDANT and 2007 No. 6,2- e ,,g I -1 Nancy Miles Individually, jointly and severally, DEFENDANT and Miles Food Markets #4 Sole Proprietorship DEFENDANT NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. s PRbTHONOTARY If you have any questions concerning the above, please contact: Kevin M. Lutkins, Esq. Merchants Express Money Order Company 1029 Mumma Road P.O. Box 8863 Camp Hill, PA 17001-8863 (800) 543-8207 COURT OF COMMON PLEAS, CUMBERLAND COUNTY Merchants Express Money Order Company , Inc. PLAINTIFF V. Garland L. Miles Individually, jointly and severally, and DEFENDANT Nancy Miles Individually, jointly and severally, and DNDANT Miles Food Markets 44 Sole Proprietorship DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY 2007 : No._o ?6 9i g & p -r, COMPLAINT IN CONFESSION OF JDGMZNT FOR MONEY 1 • Plaintiff is Merchants Express Money O rder Company Inc (hereinafter " MEMO» ) a Pennsylvania Corporation wholly owned by the Pennsylvania sale of Food Merchants Association that money orders and whose address is 1029 Wo?eysburg, Pennsylvani Mumma Road, a, 17043. 2- Defendant Mies Food Markets #4 (he ' doing business at 1112 Riv reuiaf}e1• "Miles #4"), is a sole proprietors ' ermont Ave, Lynchbur tup 3 g, Virginia 24501. Defendant Garland L Miles (hereinafter " Garland,, Lake Ridge Drive Madison ?? is an individual residing Heights, Vir i at 196 Miles. ginia, 24572 and is the husband ofDefendant Nancy 4• Defendant Nancy Miles (hereinafter NancY"), is an individual residing at 196 Lake Ridge Drive, Madison Heights, Virginia. 24572 and is the wife of Defendant ?'larid. 5• Defendants Garland and Nancy are the owners and/or operators of D ?' and Garland entered into the Trust efendant Miles Agreement on behalf of said Defendant and himself on or about May 3, 2000 A true and correct copy of the Trust Agreement under which Defendants Garland and Miles #4 are confessing judgment is attached hereto as Exhibit "A°', 6• Defendants Garland and Nancy, with the intent to induce MEMO to enter into a Trust Agreement with Defendant Miles #4, entered in about May 3 , 2000. A true and into the Personal Indemnity and Guaranty on or which correct copy of the Personal Indemnity and Guarant Defendants Garland and Nanc y under 7 Y are confessing Judgment is attached hereto as Exhi • The forgoing judgment bit " g". against Defendants Garland, Nancy and Miles #4 entered by confession against a natural , is not being person in 8• The connection with a consumer credit transaction. Plaintiffhas not assigned the Trust Agreement and Personal Indemnity and Guaranty under which judgment is being confessed. 9• The Plaintiff has not entered judgment against Defendants i unpaid sum of $19,806.62 or in any Jurisdiction for the any additional 10. amount for a total of the debt demanded here. Y and severally acted as selling agents for Plaintiff 1991 until October 25, 2007. from May 11. Pursuant to the Trust Agreement, Defendants are required to hold all by them from the sale of mone n1Om? received separate and money orders, including money order fees (hereinafter " „ apart from other funds of the Defendant mist funds )' electronic or other means, for collection by the Plaintiffthrough 12. The Plaintiff attempted to collect the throe trust funds from Defendants on October 1, 2007 gh an Automated Clearing House (hereinafter " 13. ``NCH") method. ' The Plaintiff or its designated check_clearin Payment of the trust g banking center did not receive the funds on October 1, 2007, as required by the Trust Agreement and the Remittance by Electronic Funds Transfer Agreement (hereinafter ")der") A true and correct copy of the Rider is attached hereto as part of the 14. The failure of plaintiff or its Trust Agreement in Exhibit desi fiords from the Defendant in ac gnated check-clearing banking center to receive trust cordance with the T event of default allowing rust Agreement and its Rider constitutes an g Plaintiff to enter judgment against Defendan 15. Pursuant to the Trust A ts. greement, the Plaintiff suff ered damages by the D conduct as follows: Defendants Principal: $14,551.54 Interest: $ 251.16 Lost Fee Income: $ 433.16 Attorney Fees: $ 4,570.76 Total; $19,806.62 16. The Defendants' most recent estimated 10-week sales average equaled 42 money orders Per seek causing Plaintiff Lost Fee Income of $4,33 16 as a result of Defendants' default. Plaintiff demands judgment in the of ult. orementioned amount as authorized by the Warrant of Attorney contained in the Trust 18 The Ageement attached hereto as Exhibit A. Warrant of Attorney contained in the T Years old. rust Agreement is less than twenty (20) 'REFORE, Plaintiff demands judgment in the amount authorized the Warrant appearing in the attached Trust Agreement of $19,806.62, as horzed by from the date , together with Lost Fee Income interest Kevin utkins, Esq. ---- Attorney for Plaintiff Attorney ID: 76859 Merchants Express Money Order Company, Inc. PLAINTIFF V. Garland L. Miles Individually, jointly and severally, and DPENDANT Nancy Miles Individually, jointly and severally, and DEPENDANT Miles Food Markets #4 Sole Proprietorship DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY 2007 No. a 7 G 91,9 CONFESSION OF JUDGMENT which is a t to the authority contained in t attached to the compliant filed in his warrant of attorney confess judgm of judgment in favor of the Plaintiff and , the ori ginal or a co I appear for the Defendants andY against the Defendants as follows: Principal: $14,551.54 Interest: $ 251.16 Lost Fee Income: $ 433.16 Attorney Fees: $ 4,570.76 Total: $199,806.62 Kevin . Lutkins, Esq. Attorney for Defendants The undersigned individual VERIFICATION Food Merchants As hereby ,states that he/she is an employee Food Me complaint sicia?? with the yea of the Pennsylvania to verify the stet sYlvania der Company. 8 its wholly owned subsidiary, Merchants contained in the order ti e. The undersigned individual bents E complaint arc also states that the Xs made afor and belief. The undersigned true and correct to the best of his/her knowledge, made in the Penalties of 18 Pa. understands that the statements therein are made s Cons. Star, information, §4904 relating to unworn falsifcations to ?b,? to the authorities. David W. Bush 81 *Z1 Wd 91 AON LOCI A't?b'tC"sd 3'r4l 30 ^`Cl?li Merchants Express Money Order Com COURT OF COMMON PLAINTIFF CUMBERLAND ? ERI. PLEAS, AND COUNTY V. : Garland L. Miles Individually, jointly and severally, CANT 2007 and Nancy Miles IndividE ointly and severally, and DEFNDANT : No. off/ V Miles Food Markets #4 Sole Proprietorship DEFENDANT COUNTY OF CUAMERLA AFFIDAVIT OF ADDR rSSES COMMONWEALTH OF PENNSYLVANIA SS: employee The undersigned being duly sworn a of the Pe according to law, deposes and davit on behalf of the v Plaintiff M enchants states that he is an subsidi 'chants Association with the authority to make this ary of the Pennsylvania Food Merc xpress Money Order Com address of the Plaintiff is: 1029 bents press Lion. The Pany, a wholly owned addresses of the Mum Road, Wormleysbur undersigned also states that the Defendants are as follows: Pennsylvania, 17043 and that the Miles Food Market 44 1112 Rivermont Ave Lynchburg, VA 24504 SWORN to and subscribed before me this day of oPu lic Garland L Miles 196 Lake Ridg Nancy Miles Madison Heig s VA 24572 196 Lake Ridge Dr. Madiso ei s, VA 24572 David W. Bush _UME COUKW WWMY 14 mm on. PmWCOWry ? j 12 I X10 Wu : v ,.., ?iwrrw?w 6 1 '-ZI add 9 1 &ON LODZ 3HI Merchants Express Money Order Company, Inc PLAINTIFF V. Garland L. Miles Individually, jointly and severally, and DEFENDANT No. a7-(,9i9 Nancy Miles Individually, jointly and severally, and EFENDANT Miles Food Markets #4 Sole Proprietorship DEFENDANT AFFIDAVIT OF NON MII,IURY SERVICE COMMOI`Eft TH OF PENNSYLVANIA COUNTY OF CUMBERLAN6SYI-VANIA SS: 2007 The undersigned bein employee of the Penns Iv g duly sworn according to law d Aff davit on Y ania Food Merchants Association ?? auor? that he is an behalf of the plaintiff subsidiary of the Penns Merchants Express Mon tY to make this the best of m Ylvania Food Merchants Money Order Company, a wholly owned y knowledge, information, Association. The undersigned Service of the United S and belief, the Defen also states that to Naval fates or its Allies, or oth darts are not in the Military or Soldiers' and Sailors' Civil Relief Act of Congress the Provisions 0 as 7Leded. of the 2 avid W. Bush SWORN to and subscribed before me this 43L, da Z of JS 2007. Public m. oft M?? CftmPftv Ffty Cnr mob" `?•..?...,- .won 12 2010 COURT OF COMMON PLEAS, CUMBER LAND COUNTY y??e lA Y N v?wuo*a j'+ ??SP?i ;yyy'}y+ rte. k ?f S?! 1'?f Ott ,SI «d. 81 :Zl Wd 91 AON LOOZ 3Nl J PERSONAL ?EM1VITy AND G,U Intending to be Iegally bound hereb ?NI'Y MONEY ORDER COMPANY or by, and in order to induce MER Personal Money Order T MEMO MONEY ORDER COI'SpERESS MONEY ORDER (collective) the " nut Agreement and the Rider and STEW YO Y Agreement amendments or thanes COMPANY or HMO with: g thereto as, INC ("HMO") to Si Corporate/Business Name may be in effect fro that certain time to time Street Address and in consideration of its so doing, City become surety for Trustees g' the Undersigned, 'Dirt State Y ?,4 Zip Codea amounts becomin full Performance of the Agreement, and severally', absolut damage, loss om g druen from Trustee to including without ? ?--, unconditionally, person the Agreement. expense (' ding attorneys MEMO thereunder, and shall indemni station the prompt and ?' guarantee and fees) and/or liability sustained by it b and hold MEMO punctual payment of all by reason of or related to ?sagainst any and all The Agreement rrr Trustee's failure to e ?Ch may be modified by MEMO and Trustee without notice to the undersigned Jurisdiction of said Court the against the undersigned in the Court of lease Of and without affeaIn any action is ever taken the Undersigned consents), as well as • moron Please of C g this Guaranty by MEMO against Trustee. in any other court and state havinand County o Pennsylvania oot The Undersigned g jurisdiction, whether uto Undersi hereby waive all notices whatsoever with respect to ' The The Undersigned hereby consent the taking thus Guaranty except modifications, dersig ed' any action of any nattue w of, or the failure to take f { notice of demand for ri a Postponements, nom whatsoever with respect to the Agreemen , from time to time Pent from the ghts person Promises, indulgences t' including but not limited to ?thout notice to the provided herein, the Undersigned the Und gn ' waivers, surrenders exchanges ref es, and ure against any Payment and (2) lack ) of notice as re ersi ed shall remain fully liable hereon no?? any 1ene or preserve 1 hereby waive all defenses whatsoever to the Undersigned tan Pursue or as Quired in the A ding any of fail the foregoing- ewa s oregoing, kept t as Upon default her gr'eement. 's liability hereunder except the defenses of eunder, the Undersi of any court of record of Penns geed hereby authorizes and empowers urevocab hereunder, Plus alI costs o{ Yl?nia or elsewhere to a ly the Prothonot execution, and autho ' suit, legal interest to date, and P? for and to confess Judgment a aty or airy Clerk or anFor such razing the immediate issue of a tYP?cent (30%) added for attorn ? the Un amounts due Purpose, this Gu writ of execution all i ins fees r ?rgn`d for all onotary, Clerk or att tY °r a copy hereof verified , n accordance with the Pe easing errors, wazv against the Un tneY, shall be sufficient 63' affidavit by the Undersivania Rules of C' g stay of designed shall not be warrant. The authoritY fined or oo behalf of Procedure, ?'1F MO shall deem necess exhausted by the and power to apP? for the Undersigned by said Pthatrothby a hall en ?' and desirable, and this G exercise thereof, the wine and to confess or enter u g MEMO to confess judgm uaranty shall be a suffinient may be exercised, from 1 figment initial as proceeding to determine their ri ent hereunder, the U warrant therefor.The UndtuneersigtOned tune, acas often e ghts and liabilities, rdersigned have waived judicial This Guaranty is given in connection the right to notice in a prioor r Judici commercial transaction. This G with and evidences the obligation of the Un paid stuns owed to it u?ty is in-evocable ands designed to const paid all under the Agreement and that m hall be binding and o erative make Payment in cone in accordance with the jaws of the P until such t' won with a ari of la Commonwealth of Peant to this Guaranty This Gu one as MEMO shall have been nnsylvania, disregarding any rules rella ' g to he cho ce ora o. and Guarantor's Si nflia $riatttre Qr'I3t' ,/ uarantors i tore t" Print Guarantor's Name / d Print Spouse's jv Koine Addy-ess e (45 Home Addres State iU Zip Code at State Zip Code Dat r O If not married, please indicate by af{g "N/A» on line for '2. 1999 second GU arantor's signature. MERCHANTS EXPRESS MONEY ORDER COMP THIS AGREE PERSONAL MONEY MONEY O UST AGREEMENT RDER COMPANY MEMO MONEY ORDER -IS made between MERCHAN I S ORDER TR ORDER COMPANy OF EXPR)JSS MONEY ORDER COMPANY Trustee(s). NEW YOItI? INC., d/b/a IvIE1v1O, a New York Co Or iKEMO MONEY ORDER In consideration of the mu rporati on COMPANY d/b/a MEMO, Pennsylvania Co teal promises con (`MEMO') and the individual() s tamed in this a and/or entities identified below, hereafter rerpocitratied o to o or 1 Agency, MEMO ? emer't and ng 8 to be le?Y bound hereby,the as parti appoints Trustee to act as a special aPP-irrtrner't in acco agent of MEMO at each of Tres?e follows: rdanc,e with the tern's and conditions tees retail establ shmerrts app 2 Trust ReLltionshi , specified in intth»sendiAgreement and in the atGtched Rider her rO°ed for the sale of p. Trustee shall receive and hold in money orders issued by MEMO. Trustee accepts such including without linmitation the mon trust for MEMO all blank n, ' W ey order fees establuh ey order` eirh incorp and made a part hereof. 3 Money Order Fees. In c? by MEMO From time to ered to Trustee by MEMO and all consideration of the time (" rust funds'). Trustee shall hold the money received b3 Trostee from the sale of m Eray be modified orders' by MEMO at an services rendered to Trustee taut funds s 4. L Y trn'e °R del' (30) days prior notice to ?MEIvIO, Trustee shall pay MEMO a fee (Mon epazate and apart from other funds of Trust Materials Supped by MEMO. For the sole eY Order Fees') specified in the auached rider. Mon A Purpose of selling Money orders Money Order Fees An adequate supply of blank mone y, orders,. smallPursuant to this Agreerrmen? MEMO will Part); the second part bang the accounting ( Y numbered and consistin of two or three ?lY Trustee with the following g. A. store) COPY, and the turd g Parts: The fast bein agency instillation folder containing part the Purchaser's copy with a duee?partt fo>?? ?? order instrument itself (stub/ necessary for the continuous and ?? supplies of money order reporting forrrys Purrhasei's receipt with two reports and for record keeping. -going operation of a Progam Furthilirtg labels, lost money order mormey order C A money Ord_ mrnorint er of the qua]i rrecess canore, Trustee agrees to comply with all Fclaim ederal Sa PaMent forms and various other fomhs be of two different types co g of both ssaC?rint the money order dollar satire firml into regulations governing auren y transaction Ord- alteration of any Money shall b agerit, e O Manual tee' order dispensers shall contain anm den order dispensers and manual Y the money "'Is. ro as to in MEMOs s ,ps s the s rOgran'med by MEMO to indicate Trustee I.D. number on plat, > which shall read 'WJEMO- money Ord, - f j nrrters. he Trustee I.D. "' ole dib, ? r1'' Of &Td orer der imprinter, d to or be rustee's mremoved from oney oM? the retail rmpn be be approved b ,??l?nent where it w Such Money order imprinter, shall at all tines number' Electronic ff" order shall er issued to int D. Such Y MEMO. by MEMO . Any other money order °? to be the sole p1°l Y Of shall be advem?rg material as MEMO in its sole discretion dispensers not owned by MEMO and usedb and shall Right 5• Right to an Accounting, Notwiths s1haD determine. by roster to and Ac ti g.. No tardrng any other provision of this orders sold and the Tms ? oF, or pose its employees or Ag?l'e<lt, MEMO shall have in the accoun tor tee's invert agents to inspect and perform an *S at all reasonable times, with or breach of this Agreement or if the audit discloses a brh.? orders. A c}? will be accounting o? the without notice to access T •s Poses and to G Rules and ley aders. A assessed against Trustee to recover rec Money Order Fee,, the accounting Regulations. Trustee shall c penalty fee schcdu(e , t e`Penses rn store copies of m Omply wide the 1-110 ) crumd by MEMO when an au>st (made due to Thumbs A No money order shall be . wing rules and regulations. 'ssued or sold to anyone in Payment of any obligation of Trustee B. Only _.,h shall be accp MEMO until actually ce ted as Payns:rtt for money orders issued or sold No or used in any manner for Trustee's own purposes. C. llected, MEMO to have the option in each case cheer or other Paper transmitted or depiosi Trustee applibleu- q safi?guad a u"'s?'ed Money Orders and the as to whetter to deposit any such paper for collTutee to or for MEMO shall constitute a ectiorL the fa Trs tee shall report to MEMO the money rd&'mpnn- td by ter with the rernrttarmce to eS but in any sent not later than serial number of each money highest degree of pre. The pre err regard money orders. Such twenty-four (24) hours Order stolen or erased in 10 be at regamling report shall be by telephone and ' pnOr to the money orders being Presented and an other information relating to the money orders shall upon harmless least as drat any and all stolen or immediately CO11?ed in writing. This shall Payment to MEMO so drat payment can be event; stopped rrlrt>ed on such upon orh disco VeYY of any issued money order dispensers srolenm ormV damage Money orders as well as any money order • be solely responsible for all losses compliance with the saf d as a result of i grin rued to Trustee Furth an'ng ,and shall Rind Missing or stolen ters D. COmTrmhPstee amuse, e,nigence, abuse, fire or o e? Trustee shall be Mr* MEMO and hold shall at all egu care, and reporting obligations set forth times maintain a sound Paragraph otherwise. Said reSPOrisibi7ity and iiab;lity of T responsible not ?? replacement of shall financial ti enmted from the MEMOrmrrrediately sehould ncy Order Will not be in on and provide current ?cial information to MEMO as by Trustee s such ' eopardY seem in the requested by MEMO. True mean that there has been no jeopardy arise. Notifipaon to -priori of a reasonable perso to tee shall conduct operations so become insolvc n generally unab material le to adverse change in the business, op?? ondit.d?P?Pdal by Phone and ' in jeopardy and shall cease the ??ce of money order andeno fy PSOCeeda'$ described in P Pay its debts as they become d'aY confirmed in arj 7B h or dl due, involuntarily (firian°al or otherwise) or prospects of the Trustee writing "Sound Financial Condition" shall to any suc h consented to an suspend transacti on of its b and that neither Trustee or any, C'uarantOT usiness appointment or to the taking of possession any such order for relief, declanrtiorm, finding or relief descri' made a general assignment for the has furtherance of action in any of the f by any such official or all any substantial bed dh?irm. institute a roc benefit of creditors, instituted a or fails to pay its creditors oreg ring A lack Of sound financial condO Part of its P eedumg described in appears that y its ce generally or akes'TepresenGitions to tiO11 shall also include when Trustee property, whether or not any such Paragraph or consented is no longer in a sound MEMO or to other creditor Pay, On the Proceeding instituted or has taken any E. Trustee shall provide MEMO financial condition. that it must deny any such date which the sortie is O by facsimile payment under conditions whri sum payable hereunder due, the transmittal or registered mail three (3) weeks advance notice Of Pro in the sole discretion o fMFMO, it Transactions included within this management of Trustee's business , the s ale of fifty-one percent (51%) or more of Trustee's assets, or the entry into termination business affiliated with Trustee, similar transaction which effects P ph 6(E) include transfer of stock of T Posed change(s) in the ownership of either Trustee's business appropriate documentation, including change in ownership or No control Trustee.roster, sale ofpartnersl'i Any attempt b a trust age _ P, interests, limited liability Y on, . - No such transaction shall be a to effect such a transaction with MEMO ,ac ction, company partnership 's interest or any its successor, shall re discussed in this subparagraph, PProved until any successor en entiwithin remain liable for the approval shall be void, ab initias to MEMO. shall be effective without the ty' if any, has entered into the meaning of this payment of all sums and the erfo MEMO. If Trustee fails to give such notification, Trustee, as well as Paragraph shall bind T P ri'hanCe of all duties required by the approval of MEMO. At Trustee,, retail es?1?hment where c Trustees successor or assignee to the terms and conditions of this ement. Any change of ownershi %. Trustee shall sell MEMO money orders only at T aresoldTrustee sha11 sell only MEMO money orders. greement. p or other assignment Trustee shall rerrmairm ° rustee s spedfirally approved p of pen during the course of normal business or futureplaee of business as err of business hour, for the duration of this approved by MEMO. this Ag Agreement The term of agreement F ter the initial three year term of dmis A e nement hall run for a moire to do so shay constitute a breac h of t} Period s three (3) y? from the date of dhis mis agreement ty (60) days prior written notice to C Tnutee may teahhinate this 'tract in effect Fee Trustee. In the event Trustee does not proviA de rent upon sip een nt and shall renew automati ! without notice, and/0r income shall be calculated (? months poor written notice to MEMO, and MEMO may fsuccess ve i three (3) Ye- periods. llSlimg Trust most recent 10-week salc%'st ov t?n?tion notice, Trustee shall be terminate this figment according to the provisions of Paragraph be' NoR tarhdirmg the fo 1esponsrble for lost fee income to MEMO for thee durAgreement oe MEMO or its do ' 11 hereof A , upon the regoamg MEMO may t ), the time check-clearin fees within happening of any of the fop- Y terminate this Agreement at any time, Period and on the g banlig colter does not receive the accounting wing events mmmediately Tnutee or an erns specified in the Rider to this Agreement documentation or payment of trust funds inclu Y Guarantor commits anding money order sales law, or any law for the relief or, or relating act of insolvencyor upon the proceed , s and money order possession of the to debtors; or the 6619 Of filling by Trustee or any Guarantor of an Property or assets Of'1 roster; or the subjection T Y involuntary petition y Petition under an Y nistc?'s ro a9linst Trustee under any any bankruptcy, reorganization, insolvency, or moratorium P Petty or assets to any Iciy ,eizrhre, - bankruptcy statute, or or by a -fan trustee to take signment or sale for pcreditor f OFa receiver or Y any creditor o or governmental agency. - r--••,?«rance oy'I'nustee of any obG The h of gations of Trustee pursuant to 1PP n o, any of the this Agrceinerrt Trustee's guarantor(s) with Conso• ,cr Parents shall be a default under this A /J? ?f} / C fre 8 Termination Yment Scrtices, or any other related company t 4 without any notice from V - - accoin, Upon trc "Puation or MEMO, constitute a default b ("tore) coPies of tembrra" ofthisA reem under any and all agreements limited to, all blank money orders issued, the money O rnt Trustee immediatel s unt of Trustee and/or money order fora s• All ob order imprinter and an j -hall deliver to MEMO all cash me' notice provided by , nI•F lrgation covenants, liabili ties any and all or documents receipts fro' the sale of mom o t?t0 for any reason the es and indemnities of Trustee hereunder shall Provided survitove Trustee b e Mme, money order fees due upon the entry of confessed judgment which otheverer than thPuation of this by MEM O P MEMO ?luant to this Agreenx ncl crnEyit shall be eff the e\ P 9 Confession of first occurs, e cove as of the Iha uation or temuina this A ?t A 6 udii? but n Judgrn ot ent T mt? event described ' r uste:e herebyirrevocably authorizes and ern happening of any such event cause g termination of ltion undhgc oration M in Paragraph 7, to appeaz for and to P°Wers any alto or the P P?iCaph 7 hereof or tog accrued confess or enter judg ment st rothonotary or Clerk of applicable Money Order Fees, face any court of record, n edrer with expenses and cost of suit interest thereon, rterestuuvt Trustee for the rndu reasonable attomey+s f es? to exceed fees to exceed no eighteen pent (18)oand for all money orders sold p yoM occurrence of any under this attom? Pro?? fees in any d _ (30) said sums, in anterms of ?Y or Cl ar_ ptry of Trustee For such th ' Percent any other sums due MEMO emeru4 the _ ?suASreement and rrrahab bpursued s ent warrant The remedies oftpose this meet or a copy h ereof v01- °ed b count and ru, 'for collection as moment, erifi affi by MEMO Trustee shad not benght or remedy s}uall uevent besuccessively, or together at the o?vided herein and the warrants obtained davit and Trustee or on behalf of Tprovided rustee hby said erein exha Agreement sh ll a cope hereof shall the initial exercise thereof cons ?a the and waiver or release thereof ??aOn of MEMO and as often as occasion thbe ?o? in ac r. The The ad witm to sufficient Warrant , therefore Osame ne may be a fmain The authority and therefore shall sums described in this par ph the ev power to appear for and °? dance the trr s whatsoever, then any attom ant anY judgment en or more Ndgmerr r time to tirne; as often as MEMO shall Confess or enter judgment against this Trustee; subject, however, ?' or the Prodtonotary or Clerk of and against Trustee hereunder is stricken or b or entered in the same or ddeem ifferprre? ? ? and desirable, and of the extent that such errors aresr the laniProth that such subsequent entry of record ' u opened all upon unties for if or ty. 1 )act to sutra in the late proceed or Yay o and empowered to again part xteni try confession of judgment 10. Lia ahp forr barrd on Trustee's behalf for any reason regardless of T my be done to confess or enter judgment taga o the A rustees freedom from negligee other f iul cure any eaors in prior Proceedin TO make remittance to MEMO of the face ce or S shall be absolutely liable' and Only and to the mysterious or non-rnyscerious amount of all mom dasapp?.,?ce or °sold, the applicable Mon B. To It to MEMO the total loss of any funds from Trustee's possessi e9 Order Fees and all other Presented for payment; amount of all ruins of on by reason of the honest or dishonest mourns due MEMO under or is Trustee's duties whetuer or not MEMO is m on O11 lia?ble that to pmayay thbee expended by or for MEMO act of any pew ace of Godo 1e15 regardless of the ties under this Agreement or Trustee e e in paying any li. I ty dutie same. Thu ?Par?aph shall o apply to any orders delivered to MEMO to Trustee Pities, costs i steer ?rfY, defend and hold harmless Y money order as to which Trustee that are s''?gUendy omission on to act whether hones ( shall have fully performed Securian expenses cu?g but not MEM?O? azhodst?str any and alll losses, dan'ages lrarhties" , claim, actiorX% f 2 fi her ? -19ligent or otherwise by Trustee or Trustees ? and aceoun suits, interest in y. A. Trustee's moderation of appointment by MEMO as its 'PIOYees''? associates or representatives ed by MEMO ? Proceedings, judgments, assessments 5nes f Or such securi bank account inventory accounts -gent; and in order to protect (? her within or without their sc g out of any act or collates] astir deems interest, inclu recessdingo ut not limited to, mce lyEosignmeno t Of lease, and 5.x at a' T O's p? from conversion, Trustee hereby of Pelfo c s. ezaal Code F' t??? 1 Trustee MEMO a tieam mmi forth c'in ollateral Paragraph 6s hereof fir ongoi g approval and for the duration of the an approved trust account 'mod a SGu (UCCl s agrees h to execute all documents to ocumrnts " necessary ty Prior notice and approval b dement In the event Trustee ()) 6> wee Furthermore, MEMO r necessary CO create ste or Perfect is re-established. Y MEMO as set forth reserves the Notices. Except as otherwise stated, thereon, Trustee hereby grants s ownership in Titustee's business in rot to require additional all notices, correspondence, and security any interest in the Proceeds of an transaction until u the set communications under this any such transaction until such time as IF TO MEMO Agreement shall be in writing and addressed as follows: MEMO P.O. Box 8863 IF TO TRUSTEE: Camp HA PA 17001-8863 Choice of Law This See attached Rider The 'es consent to ag venue r eem d shall be construed under and in accordance widr in Pesrrurylvartia or elsewhere personal ?d'? in Cumberland the laws of the Commonwealth of p Non-Waives The County Pernsykania, or, in ylvanta disregarding y nala rela failure of MEMO to enforce any Pro vision of this Agreement or its failure to ddre eclare a of default MEMO's under this ercise o A$f rights under Paragrap h?ereoto! flue choice or corhflitt of laws Provision of this Agreement and shall A not y other court of record Pre-7udice die rigErtanor Enforcement In the event of default under the p°u'g of MEMO to proceed as vo ce in Ire court n of defi F Yerrns of this Agr, 4 Tn> e fill as ifit had not failed to erhforcgme pr s hall not constitute a waiver or any breach or of any the event of any default by Trust ?es to consent to the jurisdiction of a In shak court f addition to all rights it might have under the hw, see ° arcemen? Trustee shall paY on derruvrd ?ty ?'?8 the enf°rcerrrent of this have are right he eri g specified ^ equity. by MEMO, all costs and expenses inclu ' ?'eernent acrd/or the eruforcerr1ent of dmg reasonable attorney's fees incurred by MEMO in connection with the enf All n °b?don . in this references 9gncesreeme in this ant assumed shall be cons orc nd do not Toni trued to include the plural errrent of this -Onstruction ?? en? otherwise construe theTrustee shall be, and pr?? or on? ofth deemed to be, lomand severs] conhVenan? the ??e shall include all other tlgreemene errant cgs of the 8?ders. All covenants, to the re Brie' tiTh to time, shall together spec: Aa ?stitirte the en??erts and riders' related security documents and such P graphs of this Agri tare for cone y onl an bind and in matter of this ?'erruent between the rules and ,oney are to the benefit of ?eerrrent Then a shall be no modifier ' Peres hereto. There are not other regulations as may be Prormulgated parties, their 1espective heirs ?, amendments, or alterati ement is or uruderstan ' ?' MEMO for the issuance of 5 e of the ? 1-aria is of the essencein dvs , successors, representatives and proper ors to this Agreement unless by oral, all arween the weed to in ' writing ? signed ttenor ^ 3 -0 C) Parties with A$Lecruernt and the Rider: assigns. patties. This Agreement ANTS EXPRESS MONEY ORDER COMPANY/ TRUSTEE 6? * omz ?fONEYORDE COMPANY/ fONEY O R COMPANY OF CO1po /Sw Nance; Nl;'W YORK INC rte., ," ere Tide i= Trrstee(lndividual) Trusteeandividual) 'I'll WreTmiilrid' 1,Il Tnrstee(Individo,4 MERCHaivTe ,..,..__ EXPRESS MONEY ORDER MEMO MONEY ORDER COMP COMPANY PERSONAL, MONEY ORDER TRUST AGREEMENT REMITTANCE BY ELECTRONIC FUNDS TRANSFER This Rider is an rotegral simultaneousl part of the Personal Mone Agreement if yro Integral Any chap h to y Order Trust Agreement bein p perw executed by both parties s Rider shall serve as an authorized adde dumteo thb to the ? the parties TRUSTEE: original Trust Corporate/Business Name --• -i. io 41 Street Address A 402 Q LIA Telephone Numbe •?` State 04 to Zip Code 7i7 Fax Number Legal Entity: Agent Number Corporation Q LLC Partnership MONEY ORDER FEES esole Proprietorship : Money Order fees shall Trustee's be based upon the weekly volume of Money Order fee shall be $ $ Money Orders sold b rus Ttee or when Money Order fees may Per item at a y Trustee. ten week sales a max?urn retazj MEMO's sis be indimodified by MEMO at an rate schedule. nal Se? per item wee price of klY volume time upon thir g ty (30) days notice to not consistent with MEMO's fee PROCEDURE FOR SALE OF MONEY Trustee shall sell money orders s ORDERS: A. Trustee shall sell only strictly pursuant to the followin orders are held secure NMMO g procedures: money orders in each retail establishment. not be in ' times, and that such moneTrustee shall ensure jeopardy, nor seem in the o y orders along wie funds that the of money th generated from such sales oneyl notify MEMO immediately, in orders and pinion of a reasonable person, to IeOP dy, and sha cease the issuance should such 'eo th thll ar, B. Trustee sh 1 pdY arise. all sell money orders in money order. strict numerical sequence in accordance with the number printed on each blank C• The face amount of any money order sold by Trustee D• Trustee shall not issue a money order shall not exceed the sum of $ t.?J a the money order, u Y der until such time wing only the im time as Trustee has Imp purchaser the face printer app rinted the applicable amount on the face of removed and ret amount of eY order roved by MEMO and no other the money wined the accounting (store) copy and an additional Imprinter; collected from the of the money orderount determined by Trustee's retail fee; and E. If the money order im report such fact to printer is not in proper operating MEMO Help Line at 1-800-864-5246. ondition or properly linked. Trustee shall • MEMO may deliver blank whatever money orders immediately to Trustee, or to an means MEMO deems appTOp riate orders on behalf of Y agent, employee or representative of Trustee, by Trustee. ' and MEMO is authorized to receive and issue a receipt for blank TRUST FUNDS REMITT ANC T E• he Trustee with an electronic Report, prior to the week endin money order disdenser the mone g the sales reportin a Will be forwarded a weekl s Su y order sales for the applicable reporting g y' The weekly y e y Money Order Sales mOrder Sales Summary SALES p p riod' mary Report will reflect PERIOD: BEGINNING DAY ENDING DAY Z- ACH/WIRE C1y REPORTING DAY The Trustee will be of which MEMO Provided Will r°v initiidedate all pertinent reporting information on rustee's the an electronic weekly T to MEMp's bank account. tr transfer of funds to move the Moey Order Sales S wire transfer of the case where the Trustee is on wire a aln plus fees dueummary Report, the money order sales amount for the specified re or ' MEMO from account. All funds due MEM time will O P Ymet t due during must be available to p ?g period, fromTTs' Trustee will initiate a credit du g Tthis ust be included in MEMO at that time, An rustee s to ME's bank If Trustee change electronic t bk of funds Any outstan MO ding statement bala mediateY Trustee inform c nces that axe Trustee shall l es banks / and the wire transfer, as a debit due arrangement shall MEMO accounts as identified in or a , the Trustee's FT MEMO agreement, not be revoked unless all fofunds such due change MEMO by telephone and $ orders during the Reporting period, Trustee Of funds for are paid in full. if confirm in writin ustee g Thi n order sales d, ' will not be provided documentation ass u h, not did not sell an g ?s orders that are electroder mated by MEMO to Trustees b y money transfer Y transmitted from ,nor, w chan elarged fectror oni acll money will be should be voided in the money order dispenser to the a o money order dispenser as hrOu voided in the money order dispenser, Trustee shall d a charge to T nt• Any backside o f _ Trustee's account. Y voided money orders te, the original money order and deposit shall write "void" the mone NOT USED F If a voided money order not the face of the on OR PURPOSE IN?'ENDED MEMO office and MEMO Y order into Trustee's. bank account. If Trustee on the ginal money order, Trustee shall forward the on ensure that Will issue a refund to Trustee in should the el thectronic money the form of a replacement original money order to the daily basis. If the electronic order dispenser is available for MEMO to electronicall Y order. Trustee money dispenser is not o shall provide MEMO information upon ME MO's request. pT?geeelectronically transmit po?ng data on a money order sales information b consistently, Trustee must p rovide MEMO with e telephone. If the must have an authorized employee available tto Trustee money order dispenser is not prepag the money order dis must have an authorized employee availabl pfor agrn onsistend tenser to transmit polled data via the order sales to Yon Trustee's spefied Sales Reporting da y? and the telephone exten T Trustee must assure the telephone line anual i consistently ollin onic P g transmission and to report MEMO Trustee shall ensure the money order dispenser is never turned off, unless authorized by WEEKLY ACCOUNTING AND REM On ITTANCE: weekly money order sales total from daily order dispenser. MEMO Y data obtained from Trustee via ele tronic h wee k' MEMO Trustee shall reconcile the Weekly ?d the u'eekl will calculate a y Money Order Sales Summ p g transmission of the money differences. Trustee Money Order Sales Summary Report with its records and inform g period. Trustee shall forward (store) copies at its location fora MEMO m any accounting (store) copies the accounting ( period of accountin are not requested Burin the (store) copies to wee months from the g (store) copies its own g three month retenthe tion Period, office upon request. If he discretion. period, Trustee shall discard the TRUSTEE ?orporate/St e Name ,(L 'lgnature itle 'ate MERCHANTS ,.E S ONEY RDER CO. Signature Tide Date _o? .tea-??? ?dri PERSONAL INDEMNITY AND GUARANTY Intending to be legally bound hereby, and in order to induce MERCHANTS MONEY ORDER COMPANY or MEMO MONEY ORDER COOFF EXPRESS MONEY NEW YORK, CORDER ("MEMO") sign h MEMO certain Personal Money Order Trust Agreement and the Rider and amendments or changes thereto as may be in effet from time to time (collectively the "Agreement") with: Corporate/Business Name 10 Street Address Ci r: ty. 04 ,// State Zip Code' ,,) and in consideration of its so doing, the Undersigned, jointly and severally, absolutely and unconditionally, personally guarantee and become surety for Trustee's full performance of the Agreement, including without limitation the prompt and unctual a amounts becoming due from Trustee to MEMO thereun der, damage, loss expense including attorney's fees) and/or liability sustained f3' and MEMO harmless against any and all and by id n reason hold related p s went of all t by the Agreement. to Trustee's failure to perform The Agreement may be modified by MEMO and Trustee without notice to the undersigned and without affecting this G MEMO may enforce this Guaranty ag?st the undersigned in the Court of Common Please of Cumberland County, Pennsylvania which jurisdiction of said Court the Undersigned consents), as well as in any other court an d state having jurisdiction, Guaranty. action is ever taken (to by MEMO against Trustee. ether or not The Undersigned hereby waive all notices whatsoever with respect to this Guaranty except for notice of demand for payment from Undersigned. The Undersigned hereby consent to the taking of, or the failure to take, from time to time without notice to the Undersigned, any action of anm the modifications any nature whatsoever with respect to the Agreement, including but not limited to any renewals, extensions, postponements, compromises, indulgences, waivers, surrenders exchanges, releases, and failure to pursue or preserve rights against any person, and the Undersigned shall remain fully liable hereon notwithstanding any of the foregoing. Except as provided herein, the Undersigned hereby waive all defenses whatsoever to the Undersigned's liability hereunder except the defenses (1) Payment, and (2) lack of notice as required in the Agreement. of Upon default hereunder, the Undersigned hereby authorizes and empowers irrevocably the Prothonotary or any Clerk or any any court of record of Pennsylvania or elsewhere to appear for and to confess u ent ?' hereunder, plus all costs of suit, legal interest to date and 1 ? agar the Undersigned for all amounts due execution, and authorizing the immediate issue of a writ o thirty percent execution, all 3iaccordance with the Penees, releasing errorsCivil waiving Pstay rocedure. of us of For such purpose, this Guaranty or a copy hereof verified by affidavit by the Undersigned or on behalf of the Undersigned by said Prothonotary, Clerk or attorney, shall be sufficient warrant. The authority and power to appear for and to confess or enter judgment ent against the Undersigned shall not be exhausted by the initial exercise thereof; the same may be exercised, from time to time, as often as MEMO shall deem necessary and desirable, and this Guaranty shall be a sufficient warrant therefor. The Undersigned acknowledge that by authorizing MEMO to confess judgment hereunder, the Undersigned have waived the right to notice in a prior judicial proceeding to determine their rights and liabilities. This Guaranty is given in connection with and evidences the obligation of the Undersigned to make commercial transaction. This. Guaranty is irrevocable and shall be binding and operative until such time as anMEMO shall have belen paid all stuns owed to it under the Agreement and that may arise pursuant to this Guaranty. This Guaranty shall be governed and construq,d in accordance with the laws of the Commonwealth of Pennsylvania, disregarding any rules relating to the choice or conflict of la any Guarantor's Signature ,uararitor's` Signature ?,, Al, / Guarantor's Name ? y P/rint Spouse's N e -• Home Address_?_ Home Address City State Zip Code City w ? State Zip Code Dat ? ? ?" U !J Dat "If not married, please indicate by affixing "N/A" on line for second Guarantor's signature. J?r?'. 1999 C? ? d CD iii7i 1 ` 1 ?a K4 f r T, - a Fl 1y °O { ` `n 1j U 'pr,?' t ? cr JENNI N. ROBERTSON PLAINTIFF V. CASEY A. ROBERTSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2007-6916 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, November 21, 2007 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December 19, 2007 at 11:00 AM ' for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 (,o-OE' li CJ if :c, I-M cc AtCIP'll L0 c Merchants Express Money Order Company, Inc. PLAINTIFF V. Garland L. Miles Individually, jointly and severally, DEFENDANT and Nancy Miles Individually, jointly and severally, DEFENDANT and Miles Food Markets #4 Sole Proprietorship DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY No. 07-6919 ORDER TO MARK JUDGMENT SATISFIED To the Prothonotary: Kindly mark the above-captioned matter satisfied of record upon payment of your costs only. Kevin M uktins, Esq. Attorney for Plaintiff Attorney ID: 76859 Merchants Express Money Order Company 1029 Mumma Road P.O. Box 8863 Camp Hill, PA 17001-8863 (800) 543-8207 CERTIFICATE OF SERVICE I, Kevin M. Lutkins, Esquire, hereby certify that on this 12th day of May, 2008, I served a true and correct copy of the foregoing Order to Mark Judgment Satisfied upon the following individuals and parties of record via First Class Mail, postage prepaid. Miles Food Market 44 Garland L Miles Nancy Miles 1112 Rivermont Ave 196 Lake Ridge Dr. 196 Lake Ridge Dr. Lynchburg, VA 24504 Madison Heights, VA 24572 Madison Heights, VA 24572 Kevin . <un, Esq. Attorney for Merchants Express Money Order Company 1029 Mumma Road P.O. Box 8863 Camp Hill, PA 17001-8863 717-760-5903 t ti l