HomeMy WebLinkAbout09-2555ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159 Attorney for Plaintiff
WESTERN UNION FINANCIAL IN THE COURT OF COMMON PLEAS OF
SERVICES, INC. :Cumberland COUNTY, PENNSYLVANIA
Plaintiff -F
NO. 09- x566 0,;-A
v
HARRISBURG CHECK CASHING, CIVIL ACTION - LAW
INC, d/b/a Harrisburg Check Cashing;
and RICHARD T. CHOI and IN CHA
CHOI, each as personal guarantor
Defendant(s)
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparencencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMIACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
WESTERN UNION FINANCIAL IN THE COURT OF COMMON PLEAS OF
SERVICES, INC. COUNTY, PENNSYLVANIA
Plaintiff
NO.D1. ;2sS5 C4,J- 7-e_-
v
HARRISBURG CHECK CASHING,
INC, d/b/a Harrisburg Check Cashing;
and RICHARD T. CHOI and IN CHA
CHOI, each as personal guarantor
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, WESTERN UNION FINANCIAL SERVICES, INC., by its attorneys,
KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to
recover the sum of THIRTY TWO THOUSAND SIX HUNDRED ELEVEN DOLLARS AND
SEVENTY-ONE CENTS ($32,611.71), along with interest thereon at the statutory rate from
March 19, 2009, upon a cause of action of which the following is a statement:
The Plaintiff, WESTERN UNION FINANCIAL SERVICES, INC., is a corporation organized
and existing under the laws of the State of Colorado, duly registered to do business in the
Commonwealth of Pennsylvania, having its principal office and place of business at 12500
East Belford Avenue, Englewood, CO.
2. The Defendant, HARRISBURG CHECK CASHING, INC., d/b/a Harrisburg check
Cashing, is a corporation having its principal office and place of business at 1300
North 3`d Street, Suite 102, Harrisburg, Dauphin County, Pennsylvania 17102.
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\ WESTERN UNION 34872.wpd
3. Defendant, RICHARD T. CHOI, personal guarantor for Harrisburg Check Cashing,
Inc., is an adult individual with an address of 49 Creek Bank Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
4. Defendant, IN CHA CHOI a/k/a Richard Choi, personal guarantor for Harrisburg
Check Cashing, Inc., is an adult individual with an address of 49 Creek Bank Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
5. The Defendant, HARRISBURG CHECK CASHING, INC., d/b/a Harrisburg check
Cashing, is a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania as more fully set forth on the Pennsylvania
Department of State Corporation Bureau print out attached hereto, marked Exhibit
"A" and made a part hereof.
6. On or about December 13, 2006, Plaintiff and Defendants entered into a Western
Union North America Agent Application, together with Personal Indemnity and
Guaranty, , whereby Defendants would be agents for Plaintiff to provide money wiring
services to the public. Atrue and correct copy of said Agent Application and all
attachments thereto is attached hereto, marked Exhibit "B" and made a part
hereof.
F:\ USER\ ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\ WESTERN UNION W72.wpd 3
7. Thereafter, on various dates and for various amounts as set forth on Plaintiff's
Analysis of Outstanding Trust Funds, a true and correct copy of which is attached
hereto, marked Exhibit "C" and made a part hereof, Defendants utilized the
services of Plaintiff for purposes of money orders, wire transfers, check cashing,
and the like, without compensating Plaintiff therefor as set forth in the parties' Agent
Agreement attached hereto as Exhibit "B".
8. The balance due and owing by Defendants to Plaintiff is the sum of Twenty Six
Thousand Six Hundred Sixteen Dollars and Sixty-Five Cents ($26,616.65) as set
forth on Plaintiff's Statement of Account attached hereto, marked Exhibit "D" and
made a part hereof.
9. Due to Defendants' default in payment of said amount due and owing as aforesaid,
interest has been added to said account in the total amount of Three Hundred
Ninety-Three Dollars and Eleven Cents ($393.11), as shown on Exhibit "D" hereto.
10. Due to the default of Defendants, and pursuant to the terms and conditions of the
Agency Agreement and attachments thereto executed by Defendants and hereto
attached as Exhibit "B", collection and attorney's fees in the total amount of Five
Thousand Six Hundred One Dollars and Ninety-Five Cents ($5,601.95) have been
added to said account.
F:\ USER\ ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\ WESTERN UNION 34872. Wpd 4
11. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature
of same and have previously been provided to Defendants.
12. Plaintiff frequently demanded payment from Defendants of said amount due and
owing as aforesaid, but Defendants refused and neglected and still refuse and
neglect to pay said amount or any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of
THIRTY TWO THOUSAND SIX HUNDRED ELEVEN DOLLARS AND SEVENTY-ONE
CENTS ($32,611.71), together with interest as set forth herein.
Respectfully submitted,
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire ?---
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\WESTERN UNION 34872.wpd 5
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Search for Images HARRISBURG CHECK CASHING, INC Current Name
Business Corporation - Domestic - Information
Entity Number: 3667705
Status: Active
Entity Creation Date: 8/11/2006
State of Business.: PA
Registered Office Address: No Address
Mailing Address: 1300 W. 3rd St. #102
Harrisburg PA 17104
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Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved.
Commonwealth of PA Privacy Statement
https://www.co orations.state. a.us/C EXHIBIT A
? P 3/19/2009
WESTERN UNION NORTH AMERICA
AGENT APPLICATION
All questions must be answered fidly in order for this application to be processed.
AGENT INFORMATION (-AGENT")
VN/ew Agent O Add-On Agent O Change of Ownpship O Renewal
Legal Name: ? v/?l? ('•y'.1+""r' P Doing Busio=As (d/b/a): &Mto
Mailin Address: Mm Al QAJ 4 1 Ova- Q Teleph. N.,.-2/'2-
city. State: ' _ Zap:, 3 0 2 Fax Number 3
Contact Name: i4.e. fkil.ri( dP d`r Email Address:
Form of Organization: Pr Corporation 0 Limited Liability Company CJ Sole Proprietorship 0 Pmrhtaship CI Limited Pahnerolp O Other
State of lnoorporatioo/Re gistlatiou: q14 Date of 'on: 50
Federal Tax iD No (4 digits): d U -5'-5 l6 S ?, ) /, rme in Business: ! 141-rh
Business Type: 0 Grocery Store 0 Postal Store Rfih k Casher E3 Convenience Store ODrug StoreJPharmacy
0 Other (describe)
Existing relationship with WUNA--- E:ostarg Agent/Network i :
Current Money Order Band:
Current Check Guaranty Company:
Int't Country Designation
Current Credit Card Processor
Other First Data Services:
Int'l Country Designation 2:
AGENT COMPENSATION MAQ.WG ADDRESS
arse as above O Different Address
Payable To: Attention:
Address. City, State, Zip:
INTERNAL USE ONLY (SALES REPRESENTATim)
Network # (if applicable): Sub Network #: MLN Report #:
Sales Rep Nam -kYt • Phone Number_ e? / / ?Z X p
TPA RUNG
Expected Start Date:
Phone Training Required: -
Special Language Required:
If no phone training, why
Special Instructions:
p V_L.,o
y?'''• S ! ? COIIIMEIVTS
?n rte.-,/?- •- -.? ?
1?.,P?? EXHIBIT_
APPLICATION CONT 4M
AGENT BACKGROUND INFORMATION
(Answer A questions)
1. Has Agwt (i e., the sole p mprkWrd* painaSW ar owPoration) or any owner (other than a dhsrebolder oft publicly-trwied oorp xadon? oMom
din actor, oomptiance of5car, orgen cal parmwofAgmt em been charged with oreoavieted ofany felony madwstswe federal or faaige htwarae nay
of the above currently Wxky mvestigatioa for any violation under state, federal or foreign law?
Yes _LZNo (If yes, attach explanation.)
2. Has Agent (i e., the sole etorship, p rb mship, or corparadoo) or any owner, offaoer, dbvctwc rgmwW pwt w ofAgmt everbW apriar basin
relationship with W aeon Financial Services, Inc., Intrgn tod Payment Systems hw., or First Data CaporMion or nay of it dMistas?
- Yes -No (If ye; attach exphanatise.)
3. Has Agent or any awvna e w been bankrupt, refused bormwiog, or are there current outstanding liens ar judgments or civt'1 actions patdLtg?
_ Yes _ No (Ryes, atlraeb es pbum0w)
4. Has Agent or any ownerro?'Agent ever had a state-issued regulatory or business license suspended or revoked?
T Yes - No (If yes, attach explanation.)
5. Has any state or federal authority eve brougbt a regulatory enfamment action or is soda en enfow®mt auxins Currently pending wind Agent,
including enbVement arms related to violations of the Bank Searm Act or other anti-many laoude ing acute ??
-Yes _VNo (If yes, attach so ezpbuatior detailin when, by which aathorky, the satore of the viohation(a), and the
disposition.)
b. Has any money transfer company, bill ptymeut oompany or issuer' ofpaymeot ia+htaa>?s taminatod its clot WSWp wilh Agog? Ifs% which oompoW
and whey?
Yes JNo (If yes, attach explanatioa detailiag which company and why.)
7. Has any account of Ag!a /aoy bank been dosed at the request of the beak in the Iasi five years?
_ Yes -No (If yes, attack explanation detailing whoa sad why.)
R. If Agent is a money services bra ("MSB") subject to re& ratioa (i.*e , cheek c oshw m eacy deader or ,haled
of
money orders or travelers Fhacks, a money usawnttx or snotha•f nnocial mebddion subject to the Bank , and
an
implemented an auti-r ylaundering compliance program?9 Ad), has A?eat adopted and
-Yes -No (if yes, attach explwtiaa and overnight a espy of Ageaes FiWEN regirdratior or reostratisa receipt to
the Credit Departs "t.)
9. Does Agent accept, or pay-out funds for tag pmpnn or to lay gaming misted debt?
._ Yes ____ No (ffyes, attach eapitaratiaa IhRis? Atrnte's t?` •)
10. I f Agent's business name m principal business address has chmrged
and address(es). ,
atthhe last three (3) years, provide the previous throe yems! hWwas name(s)
IL List any significant changes in Agent's products or services ovgthe last three (3) yeas
WvNAff- tADGU&WWAPPGC4da,(oaa0Oo
Ali statemats contained in this application and is de Baaaaal ah own and odtrr doa>mentatim submkied is rapport of this spptkW= we true and
correct. Pam== and sad==dm is hereby granted to Wesiem Union fteocial Servion, lam, bared Payment 9ya= ham,!riot Dd&Ca x=bm
and its and their d5lides and repmeaWvea (collectively "MM") as well as to prier employers, trade references, Don & Btndstree banks, cousmher
credit services, consumer reporting Agencies and shoe and federal govemmmt repressaudvek without regard to whethar &ey are listed herein, to v%*,
n=ive,owbenge,andobtain badnessandkrpenooalcredit andothrriafaamalmmcbx fag,withoutlimitodenaimbWbadrpouodcheers,asputofdas
application or at say tine timcaflter in connecbm with dw aegoing Agent evaluation proems, review of Matey Traoaf}r and Morey Order sdivity andtor
collection of any obligation arising frvas the Murry Transfer and Monty Orderbusiaess mladaimhip, including my related gueraodow nay services offered
by WUNA. The tmderaigned father agree that neuter WUNA nor anyone who has Banished WUNA any Wfa mat m concerning Ageotorthe cmdomgosed
owners and/or principals of Agent shall be reapo fibre for any k?sses or damwgea Agana or the aodere4ped owners or pdadpols of Agent nutty claim as
rmukmgflomndva dkoiar,reoei)t nod oMorobbiftbumnmmdRorperamdua torcOmbneioessasdkrpe*Wk&mpdoa. WUHAreaerves
the right in its sole and absolute M aodmto reject Apses wpHcolim to become a WUNA Agent. Such rajecdm shall bo wldmxApoooky of any type orkind
to WUNA. Under penalty ofparjmy, fie undersigned certify that (i) the federal taxpayer identification nusn1wabown on this applic*= as Agent's Federal
Tax ID Number is the correettw"yerideatiScation mandwoMprA (arAgent iswaitmg for amunbertobe brx dsoAgoot), ad (h) Ageatis notsuideotto
backup wrd&Wmg because ei&wAgeat is exempt frambodmpwzbiolding.arAgentbasaotbomoodlkd by thou Raver "Savwc (]RS)that itu
subject to backup withholding as a result of failure to report all interest or dividends, or the IRS has notified Agent fhAt it is no banger subject to backup
withholding.
All owners and principals must eb additineal
posts If
Signature:
PriotName: l r-)
Home Strut Address: jf q l -,f zsa nz<
Home Phone Number:
Social Security Num?b/er.
Date of Birth , - S f? 7
Marital Status:
Percent of Ownership:(Ownership must total 100%)
Signature:
Signature: V*,w,,k _ - _
Print Nam l e 44.(,j
Dube: 1.2 - /A-mob
Home Street Address:'? C2L.e?' !?7oy,. K 8..
Hone Phone Number.
Social Security Number-
Date of Birth- - S..• ?C / 7 P
MaritalStatus:__-- {-V]
Percent of Ownership: 0 _ ---N =ship haver total 100%)
Signature:
Print Name; Dem-
Print Noma
Horne Street Address:
Home Phone Number.
Social Security Number:
Deft of Birth:
Marital Status:
Percent of Ownership: (Ownership must total 100%)
Data:
Home Street Address:
Home Phone Number-_
Social Security Number.
Data of Birth:
Marital Status:
Percent of Ownership*(Ownership mrust OW 100%)
W UNNF--2W-S/W-pOiadaKOcl2OoQ
Prospective Agents must aLw sign in their legal capacity as an entity:
Prospective Agent's Legal Name (not dba): daM)--O" ly"
Authorized Signature:
Print Name of Authorized Signatory: Lit 4??LXA, _ Date
Business Street Address: Z21" AJ h ft S-t- k 1 D Z
W U NMomsrAO&U9/ W U/Appliaauoa(oc t2ooo
WBS XRN UNION NORTH AMERICA
PERSONAL 1 MMM Y AND GUARANTY
In order to induce Western Union Financial Services, Ina and/or
integrated Payment Systemslnc. (each referred tohaein="WUNA') to
enter into that certain ,genet' gby and
between WUNA and ?/IJ?/
(AW N-0
and in consideration thereof and for other good Md valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged. the undersigned personally, individually, jointly and
severtnlfy guarantees to WUNA the prompt payment an full by Agent (as
defined in the Agreement) of dl stoma and amounts payable under the
Agrmment and the prompt and complete performance by Agent of all
other obligations thereunder.
Each of the uudasWwd agme n without WUNA's first having topmawd
against Agent, to pay on demmad all woes dire and to become doe W
WUNA under the Agrecina t and all damages, losses, casts, attorney's
fees and expenses which WUNA may suffer by reason of Agent's or any
of the undersigned's failures to pay or perform aW obligation tinder the
Agreemem Ibis guaranty is se absolute, unconditional and continuing
guaranty of payment and complete porhemme by Agent of all
obligations under the Agreement and all substitutions, renewals, or
replacements thereof.
WUNA may at any time and from time to time, without the undersigned's
consent, and without affecting or impairing the obligation of any of the
undersigned hereunder, blm my action wish respect kk orwaive eramend
any of the obligations of the AX=k inducing without lin"m any of
the following: (i) renew or extend any obligations of Agent or of co-
guamtors (whether hereunder or unda a separate instrument) or of my
other party at airy time directly or contior0y liabr7e ibr the paymoat of
said obligations without limit as to the number or extent of said
obligations; (ii) accept partial payment of said obligations; (iii) settle,
release (by operation of law or ctherwiwa compound, compromise,
collect or liquidate any of said obWaieas and the now* or constew
therefor, if any, in any mariner, or (iv) consent w true transfer of; or
release from time to time, security or cdlateral, if acy. No payment by a
guarantor hereunder shall end& the undauguill, by subrogation or
otherwise, to any payment by Agent or out of the property of Agent
except after the full payment and performance by Agent of all
indebtedness, obligations and liabilities to WUNA.
No termination hereof shall be effected by the death of any or all of the
undersigned. Each of the undersigned hereby waives notice ofwxeptwm
hereof and present rent, demand, protest and notice of nonpayment and
any other demands and notices whatsoever. This gusnnty shall bind the
undersigned's respective heirs, administrators, personal representatives,
successors and assigns, and shall inure to WUNA's successors and
assigns. All of WUNA's rights are; warulative and not alternative. All
capitalized trans used but not otherwise defined in this Personal
Indemnity and Guaranty shall have the meanings given to such terms in
the Agreement.
Permission and authorization is hereby granted to WUNA, as well as to
prior employers, trade references, Dun and Bradstreet, banks, consumer
credit services, consumer reporting agencies and to state and federal
govet n umt representatives without regard to whether they are listed
herein, permission and authorizetim to verify, receive, exchange and
obtain business and/or personal credit and other information including
without limitation criminal background checks as part of the application
and approval process for Agent to becoew approved by WUNA to
provide the Services, or at any time thereafter in connection with
WUNA's ongoing evaluation of Agent or the undersigned and/or the
cxAleaion of any obligation arising from the Agreement or the business
relationship evidenced thereby, including this Personal Indenmity and
GIFDCINMUAOa-.WU.RBWUNAWQrMWW FWM"WU1Tr Od2D*6 doe
(#uKX11y.
THE UNDERSMED HEREBY IRREVOCABLY WAIVE ANY AND
ALL RIGHTS THEY MAY HAVE TO A "TRIAL BY JURY IN ANY
JUDICIALPROCEEDINGD VOLVMGANYGLA1MRELATINGTO
THIS PERSONAL INDIA NffY AND GUARANTY; TTiE
UNDERSIGNED ALSO HEREBY IRREVOCABLY WAIVE
PERSONAL SERVICE OF PROCESS AND CONSENT THAT
SERVICE OF PROCESS MAY BE MADE BY CERTIFIED OR
REGISTERED MAn., RETURN RDCEIPT REQUESTED.
IN WITNESS WHEREOF, the undersigned have 'executed the foregoing
Personal Indemnity and Gtinrenty.
Date / 3-{3
Name t,, A I "14-1,
Home Strout Address K'1WW 9 ;02
City, Slime, Zip _ _ 7 p,s a
Social Security No. /
Diner's Licaase No. and State 3 -14- 0 3 PA
Date eaZ 3
Guarmttor Signalise /
N. - r O (2-
Home: J i
Street Address V'? C A&Ak A3 4tiIt?-Of_
City, Stag zip _ &] i-s: r' /* l )cam
Social Security No. 7 c l'?
Driver's License; No. and State. 3 S O? .? P4
Date
Guarantor Signahm
Name
Home Street Address
City, Stair, Zip
Social Security No.
Driver's License No. and State
WESTERN UNION NORTH AMERICA AGENCY AGREEMENT
This Agency Agreement (thn "Asmeme Ill is entered hue by Woebm Union North America. a wit of Western Unin Financial Services, Inc., a Colorado corporation
("Western Union') and Integrated Pane Syslams Inc.. a Delaware corporation (11" (Wak- Union and IM are collectively, ret'atred In herein as "Western Union
North America" or "WUNA") and the ahdmiigned Agent
Agent and WUNA agree as follows:
I Delakins. CapiWtood'ran triad herein shall have the meadW givat b
such as as set forth in this Section 1 or as defined elsewbae in this Agreement
or any Auschnim bereto.
1.1 "Service Requirements" indtrde the Agency Refaaee Outdo; Bank Secrecy
Ad Compliance Manual, operations mammas. user guides. aagomer forma,
receipts, record sonnet schedu a, tine achodulas mod niplimbie brim„ policias,
rules and regulations, all as may be mended ftem time to time by VAM.
1.2 "Services" means the Momy Tra mfr Services and/or the offaiag forsak b
the public Money Orders, as applicable.
1.3 "Trust Account" luaus a back account maintained by Agent lbr the paposo
of dgmtlmg MT Trust Funds (as defined in Part A) and/or MO Ttmt Funds (as
defined in Part Bx as applicable. The That Acmuat shall be mamoined at a
Federally insured financial iaatilntioa demigmaeel by Agent and shall most do
requirmamu Wacifed by WUNA from time In lima Agent shall, and shall direct
its bank to, provide to WUNA all That Account activity and balance records and
information as may be from time to time requa0ed by WUNA. Ageat shall
provide WUNA with 14 days' advance notice prior In changing dig Tact Account
in any manna.
2 Services. WUNA appointa Agent ae ks agent a nboriaad ten offs the Saviors
indiemfed an the sigmare page hereof in accordance with the tie ad conditions
of this Agreement and Agent shall cowply, with tie terms, eon lbom and
procedures act forth in the applicable Deaaiptior of Service, attached as Pub A
and/or B and with the Service Regaaasems. Cuna t cap= of the Service
Requirements have been provided b Agent by WUNA and are wailsble upon
request from WUNA
3 Leeydloss,
3.1 Lbm Agent shall offer the Services at each of Agents locations and during
the bows specified by Again on Attachment I.
32 Cheese of I ocatiorts. Subject In the provisions of Samoa LA of Part A and
7B of Part B, Agent shall not don a katim at which the Services we be*
offered without giving %U A 90 days' prior notice. AJmt shall not open a
location and begin offering the Services wWaout giving WUNA 90 days' prior
notice and without WUNA's prior approval.
3.3 Additional jam. AWN agreees that all additimal tocatons of Agoat,
wtiether newly opened or acquirod after the Effective Date; sda11 be included
under this Agreement as soon as rea oambly possible aft opening or soiluisitim,
as the case may be. Tochsion of additiond !sections under tla Agreement shall
be subject to WUNA's prior approval said subject to any rebating antaremiel
commitments in the case of acgtirod locations, it being understood that for this
purpose, Agent shall term natc, carnal Or allow to expire any mch oarnlaitmems at
the earliest possible time consistent with the provision thereof.
4 Advertising; Trsden arts.
4.1 g Agent agreea b advertise and panasole rte Services so as p
develop customer insereat and confidence in the Services and to anhame the
goodwill associated therewith and with WUNA's Tradenarka Agent shall (a)
participate in WUNA's promotional peegdans, (b) melee promimat the of 34n,
brochtmw, displays, decals and other promotional materials provided by WUNA;
and (c) meet WUNA's madandising standards. as set forth in Part A and/or Part
B, as applicable.
4.2 Anymid Arm may promote any of the Savieea in its own advatiaiog or
promotional materials in any fora of media, including radio. Wavisim, print or
the Internet, subject to the prior written approval of WUNA. ltequsls for such
approval shall be forwarded to: WUNA, Attention: Tradermark Admodstrutor,
12500 East Belford Avenue, Englewood, Colorado 80112. WUNA may
periodically mspect Agent's advettimng rand promodmid mmtertair rddiog in the
Services for compliance with this Section 4.2. If WUNA reasonably considers
Agent's promotion of the Services to be improper, misleading or od wiw
contrary to Agent's obligations under this Section 4.2. Agent shalt, upon WUNA's
request, promptly modify or replace the same, subject to WUNA's prior written
approval, or disco ninue such promotion.
4.3 Trademu?l ;. Agent is granted a noncxd live, royalty-free right In use ile
trade names, trademarks, trade dress, symbols, logos and copyrighted material
(collectively "Trademarks") of WUNA specified by WUNA from time to time,
and WUNA is granted the nonexclusive, royalty-flee right W use AgcWs
Trademarks, each for the limited purpose of advertising and promoting the
Services, and subject in each case to the prior written approval of ft parry whose
Trademarks are being used. Each party agrees that use of any other party's
Trademarks shall not confer any proprietary right dzn*D in any innow. Each
party shalt cease all use of the other party's Trademarks immediately upon
termination or suspension of this Agreement.
b the NN ofpeaUmay Issue oW pmmiaava err other public notice
the order party. Agreement without the Prior wrkfta approval of
S Codfderhdm1w.
5.1 Agent acimowledges that dl records ad orfo matiap regarding cowu en,
that Agent may Collect (mcluding but not Ibritsd to, itrpormstim provided by
ce>oamets on "Sand' and "Renews" formal) ("Consmmlr inl6amotim") is the
ercussive Pop" of WUNA. Agent agrm that the 1, 1 and consumer
Wornation shall be rood Only in the partgmarnes of 11(a sorviees, that Agent
may not we such information kNK that it shall not be mid. ranted, exchanged or
oftrwiee dtaclwod to any party other am WUNA for my ptrpese wbdmvc r
without the prior written cecseut of WUNA except as mks be reiWW by law.
All meh nand and Cniamef Iaformatina shall be pun' b WUNA tapan its
Moat V WUNA s1a11 canter b cry ooNpctim, use ttrmatlr elf COmtmer
bifi nttloi% then Ageet warrmta b WUNA that edibo. use end
traaafar dal be wcorrtp>mdsd m fWi comotmea wit1-9 icabk laws and
trove a ft dda proMmort and cons mteand with the
Service Req w mrmb. In the WPM that Agent is to provide any
COOK=" isformedon orrW& or te odimary elrepotting b lawn
al'acemmt. xVdWitiea or my otter soft Agerrt rolmedi lelY W*
WUNA said, if requaled by WUNk WE ihlgy with may effort to
obtain s prove order Jar any otherprotective mem ues.l
5.2 Agent aagrees that nerWer Agent car tit; eetBeers, or employees
shall sell. rem. excbmge or olberwiao e6aeiot e b soy other tree WUNA,
Other than for paean of its pa rbomrooa 00da tip or as rally be
requused by lent (a) Snrvim Regtri (b) tcaarrity "bingo
Cads.' WOO" numbers and WUNA'a odw Mn u ity and piocob s;
(c) vohtrma, mve um eattWA commdsalen urea a payrpmb hereunder; or (tin
otter con idemial information with respect to WUNA, Pe Services, the MT
6`14 Dank the MO Machines, this Agreement, or the tOjatiomhip oahveem the
parties.
5.3 Agar slaw ncooperate r fWly n-with WUNA is implai"ting any
procedures
rwahted bylaw alder i9 protact coaetanet privacy or eaestnnria data, or
any such y nxeomble procedta q haplernen by WUNA.
6 Comp YaacswlilbLM a.
6.1 comnib m with, ism Agent shall comply (and carne is offices%
i W*6 and empkyee/ to =a*) wkh all Federal, ad lead 4wa and
regalattons applicable to Agora bnsmm send Is s provision of rte
SavicM a the Jame may be amended Gore time to limited to. (a) ebb licensing laws; (b) the Bask Searcy (3inclalft bat 1 US-C. 15311
at seq.. and its mtplemendrig regulations, 31 C.F.R. Part 1p3x (C) the IRS's cash
reporting requvemeats (26 U.S.C. 605M and related rerAepom (d) soft
Y fqmg*g andb iamb; (a) Fehderal or strata laundering laws
and 8111 mles sad rgratiosr prwau4paed tnpamda (a. IS U&C if 199366
and 19M (f) erg apptk" OW moony nnsfsr of of docks hews sand
regulations (including those laws and megW km=s to or act out in
Scbe&* A, if any); (S) all applicable federal and privity laws cad
regulations; (h) tae USA PATRIOT Acs red (in all federal and state
Iowa =01Wonats seem for die disabled, including no limited to the
Americana wdb Dualifiew Act
62 h2adhadMbAda As a govamim contactor Vollain the mamiog of
F,hte09m Older 11246, WUNA requires to agents to sct their obligations
pertaining to nonidlacrin*wdee in employment and ' of 6aeditia.
nomcwqptm
Agent hereby certifies that Agent will not ftir unit a any employee or
applicant for employment because of nice, color, religion, national origin or
age.
7 R4randoo mmmW War'ramta,
7.1 $aBmobiveas Agent rd Fnm and warrants on is own behalf and on
behalf of its o8lasM priblipdd and key employees d# (a) all trrmmation
disclosed to WUNA in connection with the rah katim process to become a
WUNA Agent (toe Agency Agreement Application'? t u% saamatr. and
c mpiek- (b) none of them has ban convicted of any Mca ept as may
taut boa disclosed b WUNA in writing prior b the Eff Darr; (c) now of
there has ever been' charged with or convicted of (or 01 gay or no contest
to) any criminal sex cOns ituting hnwlving or relating to: frmhd; embezzlement;
tbefi; money laundering; the financing of terrorimn or organizations; We
?mportatim of undocumented aliens; reCdpt of property, or the
P usk manufacture or distrlbuttpih of ifi' ' or ether controlled
substance. This representation and warranty shall be deemed an ongoing
representation and wsrraty from Agent Agent shall provide notice to WUNA
within forty-eight hours after any of the foregoing repres%jaitions or warranties
W UN A/FmmrMX)&US(W111MLn(Oa2oa6)
Page -1
shell cease to be true at any time bluing tea tam of this Apeamalt. Piuvision of
such notice shell not eliminate the need for suiot eompiimce with the that two (2)
semeeoes of This Section 7.1.
72 51bjg= Agent tape and warrant *it it shell not appoipt ray
subegeab hereunder and shall not offer the Services at or through my andty not a
party to this Agreement or at of through any location not exprealy illftiod as a
location under this Agreement
7.3 VIII. Agent represents and warrant that it bas disclosed to WUNA all
ownership or other its that AVK its Willows, and their fespersive oiliceM
directors, and principals, as applicable, may have in any otter WUNA spent or
agency-
7.4 y Agent represents and warrants teak (a) Apart has fail power and
authority m otter into this Apoeoeat; (b) the o teeation, delivery and parfonnancir
by Agent of this A grcemdrt will not constitute a default (or an event whictt, with
notice or lapse of dme or both, would c iam a default) under any contrecl or
agreement to which Agent or any of it affiliates are a party, or requite consent or
approval from any other petty to any such coattaact; and (c) this Agreement
constitutes a legal, valid and binding obligation of Agent, enforce" against
Agent in accordance with the teens and conditions hereof.
7.5 No. Warranty. YA NA MAKES NO REPRESENTATIONS OR
WARRANTIES W TM RESPECT TO ANY BQU2ht1ENT, SOFTWARE AND
OTHER ITEMS PROVIDED UNDER THIS AGREEMENT, EXPRESS OR
IMPLIED, AND SPECIFICALLY DISCLAIMS THE IMPLIM WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANrABH=
AND ANY IMPLIED WARRANTY OF ANY
F.QIJTPMENr, SOFTWARE AND OTHER ITEMS PROVIDED UNDU THIS
AGREEMENT BY WUNA 15 PROVIDED TO AGENT "AS IS' WTM ALL
FAULTS.
8. Term mad Tenatomton.
8.1 1= This Agreement shall be o fective ou the Effective Dew and continue in
for- for a period of five years (the "b *W Term'% union otherwise tea baled as
provided herein. This Agtantmt shell aatoma0adly resew for an addidorW term
of &a years (the "Renewal Torm"I vision either party shell be" ;Ivor the other
party at least 12, but not more than 24, months prior writto notice oflaahsad o.
Upon expiation of the Initial Tema and the Renewal Term, this Agtm MW shell
continue in effect, subject to the right of either party to terminate this Agocent t
at any time tiie rmfkr by giving the other party at last 12 months prior written
noticeof tamination.
8.2 Susnmaion and. TerminHjoy. Notwithstanding airy other peovision of this
Agreement to ire contrary, at any time during tea term of this Apeenaerht, WUNA
may, as applicable: (a) denoand inimodialo wine tiasfer of the MT Trust Rods,
MO Trust Funds and/or other charges due and owing WUNA, (and Apart shell
immediately comply with such daanind); (b) immediately mspcod or tutmitte
Agent's ability to provide the Services at any luatbo anI ject to This Agreement
(c) imunedu tely termioW. this Agreement (d) exaeate ray Ind and/or ogok b
remtedis available to WUNA, for which WUNA shall be entitled m
rtunbmsernent of reasonable attorneys' fees and wgxrocs; (e) sod* the amount
owed by offset against ww funds dart may be due or owing tb Agent by WUNA or
an affiliate of WUNA; (f) assure a has chage an the smatat of the payment date
for ew-b day Agent fails to make such payment equal to the Venter of $25.00 per
day or interest accnring until paid on the amount of such powen t at the rasa of
two percentage points (2%) above tea prime taw of inlermt published in the Wall
Saxt Journal. or any other fmancial pubiiation designated by W1J14A in effect at
that Mme, or such lesser amount a arty be allowed cadet applicabb law, or (g)
assess a charge of $50.00 for each failure by Apart to malts payment due to
msufficiern fiuods in the Treat Aeedmt iC (i) WUNA de term. Rs te it sole
discretion, that a material adverse change ha occurred in the financial condition
or bminew prospects of Aged a principal of Agent or may guarantor of this
Agreement or that such a change may occur in the tort 12 months; (i7 Agent is
dissolved, becomes insolvent, has a receiver or custodian appointed for it or any of
its assets, makes an assignmatt for die benefit of its caediuM or ba omos a debtu
or debtor-ire-possession in any banicntp1q, reorganization or similar proceadiog;
(iii) WUNA believes in good faith teat the prospect of continued pgraxintince by
Agent is impaled (ror purposes of the preceding, "good flmith" medal honesty in
fact and Agent shall I have the burden of proof in weshfishie g lark of aced faith};
(iv) Agent defaults under any other material coWract, obligation of debt of Agent
(v) Agent materially breadhes any of the leant, conditions, Iglu outdoes or
warranties set forth in this Agreement or any other agreement between WIm, or
an affiliate of WUNA, and Agent or a principal of Apo (in oft but not
limited to a failure by Agent to pay WUNA in aocorda oc with Section 4A of Part
A or Section 4B of Pan B, as applicable); (vi) WUNA has ream to believe that
Agent may be violating any Federal, stale or local laws applicable to Ageors
business and/or the offering of the Services, io udiug but not limited to those set
forth in Section 6 hereof; (vii) Agent fails to respond 1% or cooperate with, in a
timely manner r-unable instructions or inquiries from WUNA; (viii) my
representation or information provkled to WUNA by Agent is or was false or
misleading in any material respect at the tithe of such diselostire; or (ix) dm e is &
Change of Control of Agent.
0.3 Notwhbou ding any other parisim of this Agreement so *a commy,
WUNA may immediamly IantI I Ibis Apeement or my beofieo wound by
this Apecom in be avant that WUNA delstmises, in it sob 1isaefioa4 that
couiplimoe with %b Agto ned would cause WUNA or any of its dMisto to
violate or poundally vbhtte any local, stew or federal law or reptledoo or ray
court order.
9 bdommm eallati LhmkodmefLbl b .
9.1 bdmodada Apart shell! hidemi* and hold WUNA, a of bales, and
their respective afioans, dutators, agents and empioyck lumal s lion end
against Airy d$WA loses, damage, liabilhiel or 04WAO (including: reasonable
) wising ad ofor resulthig fi*- (a) my violation of
this AVoiar, a , (b) atpr Were comply with appliabhl im (c) my Hellas to
adbao to the Swine Ragtrhensent (iodtd aaypoyeato efmaney Tmini is
b other than the intended reeipimt, in co an of the lauthoriaed smarm or
resulting from any fdlors to make the trsna ctian an pi id-out in the vim call
file? (d) my negligence or willful misoon" by Agana its ofters,
directors, agent or aopWtaoa as appliable; or (e) claim of ptunim
liability mvdvinp any ofApeWs loci im The' obligations set
forth Mdnsbove shag sarviva the lam a atieo ofak
91 oC Liahgily. NOTWITHSTANDING IN THIS
A?iI TO THE CONTRARY, THO ?IVE A00REGATE
[ iASILf1Y OF WUNA UNDBit THIS AOREEMl3N! BE LIMTi?
TO A MAX]l MUM AGGREGATE OF $106,00000 IN I>IRECI DAMAGES
Sl1FFERPD. IN NO EVENT SHALL WUNA. ITS AFFILIATES,
DIRECTORS. OFP1tit3.1EsQR OYBE4 OR A(i8NT3 BE I.iABIB UNDER
ANY THEORY OF 'PORT, CONTRACT. STRICT OR OTIM
LEGAL OR BQUfPABLB THEORY FOR LOST PUNITIVE,
EXEi PI ARY, SPECIAL. 1NCIDEN TAI, CONSBQKMIIIAL
OR SBALAR DAMA014 EACH OF WHIM IS 9=11DED BY
AGRBEMENP OF THE PARTIES ItBGAR1)LES9 OF OR NOT
SUCH PARTY HAS BEEN ADVISED OF THE OF SUCH
DAMAGES.
10 FiaaatY SalkaMlNl; AaiY red >iapeKiiaa
10.1 Financial SMAIM d. Upon ragpea by VAM ft* Irene to Mme, Agent
shall promptly povide In WUNA its amid a or man thtnncial
st>memR certified by Agent's independent stdilors, if
Agent grients
to WUNA, as wall an to prior anploryats, radar Dar and Bredsuatt,
and book>< essritmmteer audit seericeq gonsampr agencies and to aloe
and faded amensavot 11 Pseesuttaives widicut roped to they are Rood
b=A Pm=mm and atutlroraatioa 10 ver*. 10001% etehaepe and obtain
lnusioas adieu personal aedr and other iachttling without
limitations, attain d background chest, a part of WUN 's ongoing evaluation
ofAgeat. Upon WUNA's tugiaat Agentaliallisecena for I fl- of WUNA,
a boot(, ifflemebb letter of credit or other sitnlar ' eaeptbie to
WUNA.
102 Bosom Agent shag mamba teootttli with sagest the Services for such
period as may be requited by law at WUNA. Such ball iocnde copies
of 411 transaction icons, receipt and all.othtr recorder goat my compile in
coonation with it palbrenow of do Services. Apart provide copies Of
any toed Innards to WUNA Wet WUNA's reom&
103 AN& Daft the berm of ttis Apamnook and for a period of one year
tlrereatbu, WUNA th9 hays the right at any Time te and impact Aaart's
performance and Agent's boob and records ealatod to 's pafatma a of
the Services and Agonies compliance with Federal. sale local laws and
regabdon and tits Service Requiemom Consumer is 6e property
of WUNA and a subject to mxk review or oolocelon by WUNA, Upoa notice
from WUNA of any delkincy, Agent &A correct such Within five
business drys Agent ship pay WUNA to reestxttble to o d In such edit
11 Iasurso , Agatha obtmod sad well mamtrria
coverages, on foam of pdidies and umderwriften by eteeesptaw to
WUNA; with limit no bas 6m those speraff4ei (a) W Compensation:
Statutory heilS (b) ComPvbmim General LAW' :1,00,000.00 per
ecpun race (combined single limit) for bait bjtay ad dwAge; (c)
Fidelity and/or Bladret Crime hauaam: =SAM 00 loaldon covering
eagebyes a y, hgpy, robbery ouuyloy, and similar
odcunmoes; and (d) Property buaaea $10,00.00, cowering the
1080, tlte% datmgo, destruction or the else of tla MT andkr the MO
Machines. at applicable, up to in replacement volts do some, at emb
location It on lima until such Mac>thma am reed WUNA. Each such
policy shall name WUNA as an addlW iteaered . ahail prohibit
-xdku- withwst 30 days' prior notice to WUNA, shell be primary and
without right of cork?utim from any iaaaance by WUNA. WUNA
may cotleat d-edy larder ray appim" arveasgs fa any in payment
of the That Funds b WUNA. Agent's obligation ma®ladnm inseaance
hereunder shell not relieve Agent of any of its other herealw r,
including it indemnity obligations in Section 9.1.
12 Aaiganest
123 Any transfer or assignment of this Agr+eurent or ate ? rights tmewder by
W,JN&To-r'aOrJU"TJF.M.aKoazoobl Page 2
Agent, in whole or in part, by operation of law or atlwwisk widita WUNA's
prior WANn cotwent, a prohlbitod, and at WUNA's tub discretion shall be
voidable. In the avant of such ttatms0 at asgamsat, die patty b whom the
Agreema t was transfetrod or aWgeed shall be bound b tbo teams end cmtliti,
of )hale AV=nmatt to the same eaxeot tut if WIINA std ni* tereIS- or- I
amaoo,
as the case may be, entered lob an agmemsrt idandoW to Ibla Agreement.
Furthermore, Agent "I indpm?it}r and hold WUNA' ' Sou afl liabilities,
experaas, costa, fees and foes arising in ooormoction Wilk stair tan a Is or
assignee's submission of Money Traafar Service laminations to wulsix For
purposes of this Agreement, as asirment or tnaibtr shag include, among other
things. (a) a Change of Control of Agent or any pasoo that din etly controls the
Ago; and (b) a transfer or sate o (any substantial part tr% er coon in value) of
the told aaeb of Agent. "Change of C0*W snags peso (i)de person directly
or indirectly owning the voting stock or Itriaeita of & pasou than coat: to own,
directly or indirectly, more than 50% of all such voting shat of interests (on a
fully-diluted basis): and/or (ii) the persons dim* or iedim tly ownutY the voting
stock or interests of a person span otherwise cease b bme such @Wily, dmecdy or
indira*. to elect the majority of the board of di eclots or other governing
members of suer parson. Under nocircmvanoa s titan any aaillonim or - p
of this Agremnait by Agent teteae Agent from in obligations htxeonder adeas
WUNA shall consent to such a nlem in wri ft
12.2 Agent shall provide WUNA with wtitsen notice of Ames inW to
liquidate, acbslantially change this bait man of its btaatebs, or neater or an
any st ial part (25% or Inner in Vahan) of its I901 asr dL Apmt shall ttbo
notify WUNA of say judgmeK writ, warrant of atbchmmt, a s aixtim or levy
againvt any imbstanual part (25% or mm in vaMe) ofAmmes loud seats ant hone
than three days after Agent obuth a lmowbdge of my each 3 , vrrk warrant
of attachment, execution or levy.
12.3 In no event shall the Agent sell, assign or odwwiw Ugmfer all or a
significant part of the assets used in connection with ita busmen operated at all or
subataraiaily all of the locations covered by this Apeasant as of the Effective
Daft, unless (a) WUNA glens to prior wrinen coment b such Wk aaj ionat or
transfer and (b) the pmcbaaw, assignee or ' wro ll ee Thsteaf atnmes this
Agreement and all of the provision and obligations of the Agent hmugkdw_ if
Agent effects any such We, assiputtmt or tnmfer. Agent shall be rap0115WC for
all of the termination tesponsibilitim 34 Adh in Section &A of Putt A wife TB
of Part B. as applicable, inludiog the BgeidMed doses sat lbil h in sods
Sections, cotes the WISDOM= thereof a nu mes this AgeCmot ad an of the
provisions and obligations of the Ape hwmnda% and Incas WUNA eosaesas to
the same in writing. In no event shall Agent be raneved of its ihtbtlity b WUNA
or any of its other obligations wisibg hereunder without WJWS prior wriben
consent.
12.4 WUNA may assign or transfer due Ageeooat and in rights hereunder Md
may dcegaoe its duties heneraxlar, in whole or in part, b any tlmd poly. whedw
in connection with a charge in ownership of otheswien, without the coned of
Agent.
12.5 Except as provided in the following wnleooo, this Agrona tt will inter to
the benefit of WU`iA, its succeam and MipL No talgma W the bens ft of
creditots, custodian, receiver, haler in bodrraptry, cabana in paamrleo. sherK
constable or any other o>I'im of the roam, or other person emend vrith tsit erg
custody of Agent's asses or business, shah haver say right b anatima of to
assume or to snip this AgreernauL
13 Notice. All notices hereunder shall be in writing and ehdl be deemed given
when personally delivered, or when sent by facsimile truamiairn with too*
confirmed, one day after being seat by a reputable overt cooler, or three
business; days after being trailed by wtitiod mail, teaun teodpt tegtaeatoll, ®each
case directed: (a) if to Agent, to its add as shown on do face of its
Application, to the attention of the tepresmmtive or party signing dais Ageeotemt;
(h) if to WUNA, to western Union, 12500 East Belford Avame, Englewood,
Colorado 80112, A tterxion: Prcaideot, with a copy to the same address, Attention:
GcmmW Counsel: m (c) to such other address for each party as is specifled by such
party in a twtice gi ; w! U) the other party.
I.r Other Prov'..-0u .
14.1 5eyeral Liabi"y of Each WLrNA . Avant accnowledga anti agrees
that each WI.NA ('ompany is not responsible far any liability or obligation of the
other WUNA Company set forth bmia Agent's We recourse and re ady shall
be against the wviicable WLJNA company. WUNA's fAum to perform its
obligations set (nt, herein shall not excuse Agent Sasn perfontift its obligations
set forth herein.
14.2 Waiver of '17ial by jury. EACH PARTY HEREBY IRREVOCABLY
NAIVES ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY
JURY IN ANY P ft)I(:1AL PROCEEDING INVOLVING A CLAIM ARISING
OJT OF OR RELA TP4G TO THIS AGREEMENT.
143 Waiver of Service of Ptoctst AGENT HEREBY IRREVOCABLY
IWA1VES PEM)NAL SERVICE OF PROCESS AND CONSEI M THAT
Sf:RVICE OF PF,"X;}3SS UPON IT MAY BE MADE BY CERTIFIED OR
REGISTERED Ml,.11., RETURN RECEIPT REQUESTED, AT THE ADDRESS
PRWDED IN SF.jTiON 13.
14.4 The parties spare that they we acting hereunder
a iodependeat ca6aeba and that moth* fo ibis Armond" be otimi trod
In awmMpase W&W pttt(y a a parlae , amptayaa err spot of tbs olha, and no
amployes a agent of either pasty Ad be doomed to be the empioya or agent of
the other (tntoopt for dm Boiled purpose of offs ag the Servim is dedmed
bmtriX Neither party shall have the oftw tr. b maloe my agrea®ent or
commilownt, nor hoar any Bs68ity a Is"of the other. star be Babb for my
acts err oanifsioms oftbe alher. now as aI - lot Ay provided herein.
14.5 This Avisniort. Toole tg due Array Ageaadt Apptindoa attached
ha sto and an Path. Schodula, Bxhk& and Af chusend herew. coradtuoea the
mite md• sob agremrant bdwwm the potibs with sprat b. the object matter
b rain. Th s Agreement wponeda all brief voilma iftii, onvai man or
apteeaa 1 w bodair vaebal at wrigaq bawtepua ft par" 1 1, n v ft respect to
the su*U neall r hereof not combined has ft Apianut. Pravisiaoe of WS
Agnam a - himb am In be patfooa I airs Qeramisa ' b dbcppde tlmdr intent
and purpoa shall survin Mankind= of this Arsemeat. Except is povided
haamaabom no moditicedw rosewwi, minion a wml*w of any of the
provisoes of ft Agreement shell be " van to . tnlaa made in
adWS and aired by Ihe ps" No Odom of
poif ronow by the oftor of abr. povision bad beam' red l
moddiarim of this Agman sit or a %*4^4v of any breach many
ptwision of this Apteoraenc shell be delnmmed so ietvdid nods my
appile" law. etch p udon 11181 be deemed void to remainder of this
Agmernmt abort continue in Sell force and alfat a axpmnty art tbtth
havio, nodit Combined in 116 Agtaanet t is inuaft in ecotbr rpw my
person not a pedy bemro any righar, bat 01 Or mmedia arwy tied oreharsetei
wbaaoaver, and no =6 paaon than be &Wnd a
t)tia Asmma t. In tbts twat thin Agteaoajt tedeheaoei ?mom to one ; F n -, .
on. parbtaft or amity as Apo. llboa R i e ew>)r *wad that the hismundair liability of such person or retitle shall 6a potls joist and severaL
This Agreement shell be condrood and ant red is aCOa?laee wik and mall be
povemtd by, the brow of rho Sate of Nbtr Yost ( mWd to any
prtrvisicros Coeoerniag rAoioe dYav a ooattliic[ claws wlich might vault ins time
application of the law cf asotha jutisdidxion).
The remainder of thY edam is haftmionaw ke bbak.
W ttvNFC.nu-2006lU&'wun iav,(pa206)
Page - 3
The tmdmdgnod have --k= mod the faeping Apeement to be effective as of the
code WUNA signs this Agreement (the 'Tffwd" DmWl BY SIGPMG TRH
AGRZXbWa, AGENT AGREES TO THE PWVISIOM MUM AND
ALL ATUCHYs ENTS HERSTO FOR TSE SERVICE TO SE PROVIDED
BY AGENT.. / I r
AGENT:
(Pdm)
Tide: CLX-?
Date: 1 ?-- - (27 - o Y
' Weston Uaoia Mosey TnnshrOSetvices (part A)
I c&,Dd of Access:
Y 1'ecsonal Compuwfr lephom.
13 Money Transfer By Phone Cash Payout
O t.4oney Transfer By Phone Card Payout
CJ Usher.
FOR INTERNAL ;'SF ONLY
`r N C,
INTEGRATED P . Yww SYS'T/EMS
?.
Signature: ?_?
(AwhorizW five)
Name:
Not)
Tifle: ? ?`
WESTERN UNION FINANCIAL 8ERVICES,
5 ignaturt:
- (Authori
d R
i
Name: ze
ve
opnma,,AA?t
,?l?v
(Print)
Title:
Effe
tiv
D
t 31,4 1cj
c
e
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PAWrA
Daws"Wefs avlem
MONZYTRANSM
(perurE Based compowad")
For purposes of tit is Part A, WUNA refers to Western Union.
IA. Services.
IA.1 During the term of this ApeamenK Agent dunk Offer Money 9Yasfer
Services and Pmpafd Services. As need bwei . "Moahay Tramtbt Swvima ' team
the receipt of funds by Agent for natumisdon sad disbursement far a fee ad"
include all of WUNA's Domestic Money Ttamfer ftn- s, IatermMOW MOW
Tramfer services, Mexico Macey Ttamftt s wines, Quick Collect, Qni& Cob
(including Benefits Quick Cash), and such other ftmds ssfaI of Am&
disbursement services that WUNA may notedism dmoubmw at replace any of
ttw foregoing with from time to time. To the mWmt not kmcluded in the foregoing
senctner, "Prepaid Services" shell include, without )imitation, Westem Umon
Cash Card, Western Union Prepaid Master Carat, Western Union Odd and Sii -
Cards, Western Unm Long Distaste Cod, and otha such hVidd Services that
WUNA may mtoduce, discoatimtq or replacer any of the tbternot with am
time to time. As used betio, Monty TtUDW memo a money ttasfer
tttnsmitted thtough the WUNA system
I AI Agent agrees that, during the term of this Agreement and for it period of 90
days dien saw. Agent shall not act a argent for, represent offer or slow to be
offered all my location of Agent may other motley timder service or odor =vine
similar to say of the Money Transfer Saviost, kchWlg, without Hook tes, told
or ATM based money "War services. Agent shall. ant slow my other person a
entity that hearses or uses space as any of Aaat's locations to o0er any other
money timdir service, other service similar to any of the Mosey Transfer
Services, or participate or act as agent or representative in connection with say
money transfer service offered in whole or in part by Olephone, mhbmmoled
financial service macii ine or over the iaaemet Agee rtprasenls sad waarma that
Agent a ant obligated to offer any money Unester services at my location of
Agent that compete with the Money Troafta ServiceL
1A,3 Agent agrees that, if Agent breaches Section IA.2 WUNA's mmediea at law
will not be adequate, and to addition to the alder remedies set forth herein, W WA
shall be entitled to specific performmhce, mclu iDg appropriate injunctvo tend
2A. Precedanes.
2A.1 WUNA shall train Agent and Ag Ws designated employees in providing
the Money Tramfea Services as WUNA deems necessary. VAM ebdl furnish
Aged with all forms necessary for p mvWing the Money Transfer Services
(including MT Checks, as defined below), and Agent shall ant use any other farms
in providing the Money Trmsfer services.
21,2 For each Money Trmsfor sat from m Agent locaum Agent call celled
the principal amount of the Morey Tnmsfa, the applicable Consumer Send Fee
(as defined below) and any other WUNA service feces that my be applicable.
Agent shah not impose any other fee or charge of any kid upon the Money
Transfer sender. Agent's acceptance of arty faro of payment for Money Thindbw
other tom cash shall be at Agent's ado and exclusive risk and Agent shall be
liable ib WUNA for the principal amount of the Mosey Transfer, On applicable
Cossunnar Send Fee and any other WUNA service foes rot may be appiicoWe,
regardless; of whether Agent ultimately mcaives payment therefor. As used herein.
the "Commoner Send Fee" mean the fee, as sat by WUNA, which is charged to a
consumer for sending a Money Trader at the time of butiaft such trtnnecton.
The Consumer Send Fee does sot include my di$mtace between the currency
exchange at given to consumers (set by VAM) and tot received by WUNA.
2A 3 With respect to Money Traders received by co sumers at any of Agent's
locatiore. Aged shall use its bast efforts to pay out the principal amount of such
Money Transfers entirely in cash, but in any event, shall pay in cash no teas than
the minin tun cash payout amount specified in Attachment I for thhat location (or
the face amount if less). Agent shall not impose any fees or charges of any kind
upon a Money Transfer recipient.
2A.4 Agent shall rot we the Money Transfer Services to send or [active a Money
Transfer on behalf of Agent, or of arty principal, officer, director or employee of
Agent, or of any member of Agent's family, sin applicable.
2A.5 Agent agrees that WUNA may establish, ftom time to time and in WUNA's
sole discretion, both daily and single mumcdorn limits relating to the number and
principal amount of transactions that may be trnmacted at each of Agent's
locations. WUNA reserves the right to temporarily suspend the Money Transfer
Services at arty location if Agent exceeds a daily Money Transfer limit established
by WUNA.
2A.6 Without the prior written approval of WUNA, Agent shall not advatisa,
solicit, or negotiate any WUNA services in any language other than English or
Spanish.
3A. Trent Refatioasbip; Unbility for lass.
wt TrA/P.n,v xoocnnivumuu-raC(oawo6) Part A
3A.1 As of the Effmodwo Dale, WUNA appoim Agot as h agent and bu tee for
the limited pcpom of a N ing the Money ThosAr Services for sale to the
public, collecting Kr Trott P nit and imprinting WUNA, mosey bah 0 d nab
(MT Chocks", all in accordance with the provisions of lho Agmemeat Agent
shall not in a teary cgs* sad hold the MT Chub sod MT Trot Funds a
troll for the benefit of WUNA and shall maintain and aiotiiotaat for the MT Ttmt
Fonds i * ad apart item aE ohs finds lad morn 4f Aptt Apot askew
that, in the event Agent commioala MT Trost Funds wit% any other tank such
toads shah be impseaed WA a Vast bin the mpeet of the NT That ft der. Agent
shalt not aogairo by operation of this Agrees oK a of herww, say rigbk tide or
entered of soy kind in the MT Trust Foods or MT All Mr Trust Foods
and MT Chess ramie the sob and mahbitive of WUNA. Apps
financial meads shag Monti& 1ho MT Vast Far and Chub as foods and
other property bold in mat ibr do basefit oflfu ".
3A2 Anything to the conotay wMan Agpot shin stdieauaed sad prosoo
all MT Tm * Foods, MT Checks and MT wroom m ibloquity =.a fiduciary
es irostee coullsed with Such cash, or agovesent for
solbloo pint. Agent shall be absolutely 11 fbr soy loss, w in^ hfff* eo
or misappropriation adllhe asras until such W Ttaata?F MT ('Jacks or MT
Equipment are tttctived by or anns is the postKnindar Aaaiot shall be
aboolowy liable to WUNA the (a) all Mr Tweet Punk naipd smove t
of all MT Checks )oat, Apim dootrmyd, ma ?propri?,
seized or f nfsitod from Agent ad vihi0h sm! by WUNA; ad
(e) rho value of all MT Equipmengyed, domaS4
dopp ,opfisiod, seined err Aiiwlthle is A Within 24 Imam
adar tensed MT Chess a hff Equipment phave bass loaf
s Ink destroyed, dsmage4 miappropriated; A 11 - it Agent doll
no* WUNA of the said numbers of such MT or MT Equipment.
However. such notice does not relieve Agar of its ' as provided besehh.
Agate agrees to pay all MT Trust Fends b WUP1A upon tdnesd, regardless; Of
the preface or ebaahce of negligemcm of AgoK, WUNA , NV Other pease or
cafty-
4A. ReadOnce of Mr Trod Fads. ASM,wtl) depcoo all monies (incsd'mg,
without limitation, Mosey Trawfer principa[i and fees) by Agent in
connection with the provision of the Macey Tntahdhr 3 vies (the "MT TnrK
Frnddl into the Tint Account no later thsa likM a.m., time at the plus of
dtpasit, on the I - I day following receipt thereof WN than isitiala a
draft (via Automated Clearing Howe or other
) against the Trent
Acco rat for the ibis anrbm. of an finds sus ? If Agar Eels In
comply with"Sudan 4.6, WUNA may take any or ail the leapt ant forts in
Salim 92 of the Agreement. W INA may chop the of" necdm
(a) upon notice to Agent if Agmt We to left sosou" due to WUNA in
WCOV11100e wid? this Section, or if Agent branches my esh r monoi pat vWm of
the Agreement; or (b) by giving 10 days prier OWN Iq Agent, provided the
i Ffe P the conclusion of" 1U day period, Agent my Out, to termieete this
Agmement by giving 30 days prior notice to WUNA, and the changes soil net
Win dfo&
5A. Payaheats to Agent
SA.1 la eontiderBtiw of and subjes* to s perboasnce of its
OM*mdom hdmamder WUNA shall pay to Agent mahthly fees sod commissions;
as foliaws: (a) Tier I - se Tra!>t? ?++ Come?om A will pay to Agent
bole commissions for WUNA transactions 'lsucesfed Aged as Wows
(eollatvely, "Base Transaction Comtnissiosi (? TMIhr
: Agent's co+ mission for Money seat or paid by
Agent wig be I0% of the Consur'Kx Send Fee. (For i Th>tafers injdead via
allocation charge
1-800 CaU-Cas6en or Weskmxtr;.,; cum the t%,,.
infrared by WUPiA (hell be de:+ rt <. from eta ior b gladatiag
Agent's commission.) For -;ions odgihe United Stag
Agent's commission will be pnt or United Woumb hta with
WUNA's settlement and currenw conversion with to originating
international agent. The commissions described we raft ow
to as "Conmmrr Money Transf- Base Tran` (u) ?
jam: Agent's cornmissic each Quirader paid will
be $1.50 with respect to each sal R:,s»ction Surd Fee of
s,Ol to $10.00, or $2.00 with res, t, e_ h such living a Consu
mer
Sand Fee of $10.01 or more. Age. ;t ; !,fnmission for cwA Quick Collect Money
Transfer set will be $1.50 wi+h to each such! namaction boving is
Consumer send Fee of 5.01 t.. " X,. ar 52.00 with (rasped to each such
transaction having a r --,r Send Fee of $10.01 or more. Agent's
-P et
erg
aanmission for each SwiBPay/Prepaid Services Money Trma6er sent will be
$1.00. Agents commission for east Cash Cord layout or Caste Card verification
of av llWo Rands will be $0.50. (b) Tice II -1PaE moos Boma WUNA will pay
to Agent it bonus based ce attainment by Agent's locations of ocitain perfgrinan e
critem, as described in WUNA's Perftima nee Based Compensation Fmv m
Desa can (the "PBC Program Desavdari"I a copy of which has beat provided
to Agent (the "Performance Bonus"). Under the Pafoman ie Bases provisions of
the PBC lkogram, depending upon whether aced the degree to wbkh Agent meets
the applicable am m sped led by WUNA 1br Agaars type of brmiaesa Sum tines
to time. Agent will have the right to earn a percentage bonus based upon Agent's
Consumer Money Transfer Base Tramrsmon Commissions es sat lbrth in the PBC
Program Description in effect fiom time to time. (C) Tier III - Volume Baum.
WUNA will pay to Agent a bonus based on die aeainment by Agent's loatiars of
certam tormacbon volume levels for oehis services, as mote Rally described in
the PBC Program Desorption (the'VoAmte Bonus'). Under the Volute Bosco
provhalons of the PBC Program, dependatg upon whether and the degree to which
Agar htne A the applicable criteria specified Rom time to time, Agent will have
the right to earn a percentage boat based upon Agent's Co sumac Money
Tramfer Base Tntnsaction Commissions as set forth in rho PBC Progrm
Deaaiptitm in effect from time to time.
SA2 Agphtrt'a cornpen it"n for each of Agents
Ioatiom for each calends month shall consist of Agar's Base: Transaction
Commissions and Performance Spas and Volume Bonus, if any, mime any taus,
due to WUNA pursuant to Section 6A.2, for each location. Monty Trader
principal is cot included in the calculation of Agmt c ommieamos. E xnapt fa do
fees and commissions to be paid is Agent as described in Scetioa SAA abov%
WUNA *0 be entitled to the balsmoc of all compensation and other revenues
received for or in connection with the Services. WUNA will pay Ageeits
compensation monthly in the month followfog the calendar month in which it it
earned WUNA shall pay such compensation. to Agent by paper check or by credit
(via Ausomsted Clearing House or other dearmmic mwoa) as datamiaed by
WUNA in its sole discretion WUNA will supply supporti g oin to bxkft
the basis for each location's calculation and to stmmaize monbly perfomanoe
results.
5A.3 Mrdifx4jions to PBC Proatam Perfatmam and Voles Criteria
Minimum Bases Pavmesta. Perfbrawi a Bautmes and Volume Bonuses are paid
as described in the Performance Based Compensation Program DgKF#gion in
effect from time to time. It n understood that WUNA may in its sole disomdon
change the per m mice criteria UAW trameaian volume lards required to
qualify for the Performance Bonus and the Volume Bonus, respectively. Any suds
change notvrithatarding, however, WUNA agrees that the Perforn anca Bonus
payments and the Volume Bonus payments made by WUNA to all WUNA Agents
participating in the PBC Program im any calendar year shall not be less dean .S%
and I.5%6 respectively, of the Consumer Sand Fee for the qualified trusecti0ns
described in the PBC Program Desesiplion, for Ali WUNA Agents who
participated in the PBC Program during such calendar your. If at the and of say
calendar year the Performance Bonus payments fall below the .5% minimum,
WUN1A will, within 45 days after the said of such calendar year, pay to each Agent
who earned a Performanhce Beaus a share of the amount by which the total
Performance Bose payments made by WUNA for such year fell short of fie .S%
minimum, pro rata in proportion to soh Agent's percentage of the told
Performance Bonus payments for such yes. If at the end of any calends year this
Volume Bonus payments fall below the 1.5% minimum, WUNA will, within 4$
days after the end of such calendar year, pay to each Agent who mimed a Volume
Bonus a share of the amount by which the total Volume Boma payments made by
WUNA for such year fell short of die I-$% minimum, pro rats in proportion to
such Agent's percernage of the total Volume Bones payments for such year it is
further understood that no such change will affect Agent's rights to receive
pmperW. business or similar as and/or wessonow misft b do MT
&A.3 Title b all MT Equipwr Pt compact programs, computer solhar%
microcode, firmware and all update < repdacomen a and ecpha thoWprovided by
WUNA to Agent ("MT Sofiwar. t. `.aU r=zW in WUNA, and no We th ok it
tondmmd to Agar booby. Du the tam of this Agreement, Apo is booby
gwrnI I a royalty4lai , non-tr r' abk and non-axdtstse license b use the h f
Sodwara solely for the pawn ; - -rovidisg ft Maw Iviloughr Services and for
witb other purposes as WUNA w rs af. iliake army spodbr wti&S ftm else b
time. Such license shall terminate ID(m termination of thin Agreement. to order to
protect WUNA's trade assets in - t MT Softv*% moopt b tlhs ttlteent poracirood
by applicable law. Agent attars r , l to reverse osginw. deoornpk copy, asoddy,
peat, derivative wort of. ttarm' r, se% publish or the Aft' Software
Agar agueees that rho MT Softer is r4oprietary and iafDnaatiaa of
WUNA.
7A. Mlrerandfdisg Stamdarti• ab end to the lestr%tim Imposed by local
ardiwnca, Agent must displs a 'he fonts and fo* holder provided by
WUNA which am necessary fro • icing "he Services, ptovidad by
WUNA and a window deal; arc? loaf one item sack of dia bnowing
categories: (f) inorlim it=: Tr = y hauhgmg sago. Clock OpemCloM
sign, Hama, Menu Board, lrxia °-ie,f Tacker, or Wall 84M and 01)
exterior item: Outdoor back-lit ,n 'Total Tacker sign, indoor Rteisg out
window sigp or illuminated indo- `xir:.g-opt window saga. i
"TaViloattlen liaspsndbilitk- I.k addet dDasatgo. l
W Immediately upon mpiraw or t minstipn of dons or span the
Closue of a location, wail respect ) thnr location, Agent U: (9) atop preemies
itself to the public as prot'dn-. the >@vtoeS (b) msta ? no no of WUNA's
Trademerits, Consuner dnfotttrt'.: n 6' confidential inl? itotlcmi sad room the
same b WUNA; (e) refer all -IL aM pmsomers re fie Serviaa to the
telephone numbers and locaniot ',eel by WUNA shall slot dived ,try
such ally err castomers to a cox f WUNA or d" older WLIKA at
the Services; (d) at Agar's .r•,; ; aril amppannose, b WIMA all of the
following: all umsed MT C-- .P Iiotaaing ' Cif owl coaamw
ImfommtlOn, information and If any type rely ' ID WUNA's setauity
raeastrea and proCedurees, tl= rreaemt, which a Ace dediverad its good
repair and conditicak reason?,", err and tear excepted ( eotipmptt shall be
shipped or sailed to WUNA - t^- -*stop prepaid idly honored far tha
full replacement valet thereon )- e - other items that V UM has pwvdded to
Agate (e) at Agent's sole c,, ex arse, remove and at WU)Ws declian)
deliver to WUNA or dispose -ig, - displays and mdodals containing
WUNA's name or logo (or ., -;i' ut1NA ter do v
, at Agent's sole oat and
expeme7, CO render a full acttx, i
to e', WUNA for al Chi Rteniabod to
Agar, all Services transacts. gets and all MT T Rails; and (g) pay
to WUNA all MT Trim Faux "ter amocarr, ttvt be data WUNA in
accordance with the temis of -'ent In W UNA will povide to
Agent a 12" by I8" notit, cis <A's telt?, hon nu mbers and ft names
addresses and telephone numi- ons where the `,I^ney Tftwder Services
are available. Again shade ;x r. in a et111H K auru4 location fa a period
of 90 days following the tt his Agrc? i m. Ups OW Unnimaion
Ixxeof, WUNA may irWrA. : ieiephorl: to remove Agora
locations from WUNA's !i sterns -°? ?pelf and may
notify its respective eustomx
l
i Cation v); :;t>et;q them b odrar service
ocat
ons.
8A.2 If this Agreement is
:,r to the _ u ,1 the Initial Tetra Agent
shall, in addition to all of Act:: ;,, tx r.s set ;,)i 1h ;n Soctiom BAI, reimburse
WUNA for the coats or i , si7m rn ? tan-Apo by WUNA,
multiplied by a fraction, rut of weigh is Ilse number of manlht
remaining in the Initial 1-T, * -last; f ?' ;:-'t is LgR'tgW 6frnpnfls
amounts already earned. in the Initial Term
6A. Money Trauster Equipment. 8A.3 If this Agreement .> etc; A prior to the Mutation
6A A WUNA agrees to furnish to Agent, in bailment, all equipment necessary for of ft Initial Term, or tb ,,, anew°., Tee r it is taretisseed prier
Agent to provide the Money Transfer Services (the "MT Equipment"). This to the expiration of the In; t i = cairn; , of Reaeval Tam, due b
Agreement creates a bailment solely for temporary possession and use of the MT a beach hereof by Agem rr. FLT IN:
des Contained hemin
Equipment, and no other right, title or ittomzst in or to the MT Equipment shalt or otherwise available to . I pa, liquidated damages,
hereby pass to Agent. Agent shall have and shall assume the exclusive cure, upon demand, an amhourt . ge ' face collaced
custody and control of the hiT Equipment Agent shall not permit any abuse, by Agent for the Money Tri: A dttrctg the 90
deterioration, wreckage, dilapidation or waste of any MT Equipment and shall preceding the efTective date on. tJ teal o,ramvtien, am
ma intain insurance to cover the MT Equipment in accordance with Section I1(d) bonuses paid to Agent try ' h , ty - n iDd by do
of the Agreement. Agent shall use the MT Equipment only in connection with the number of r oriths (inch iir "tor -,..th) then4emaift in
provision of the Money Transfer Services. At Agent's expense, Agent shall the Initial Term or the h: e,. r x s and agrees dst this
provide, in an area misonably convenient for providing the Money Transfer amount calculated in :hc F. is isonable estimate of
Services, an analog telephone line, and WUNA shall make arrangements for WUNA's probable a., h 1 nation and does not
transmission facilities to reach WUNA's computer system. In addition to the constitute a penaity
tetrpbonc line required in the preceding sentence for providing the Money !A. Dlacostirna:tloa of . F ntinues offering any
T-snnsfer Services, Agent shall maintain a business telephone on its premises. Service through ta1v par, f ,low), which WUAIA
6A.2 Agent shall be resronsible to WUNA for all state and local sales, use, may do in its al service offered by
w: v,vF«.%r2aornu,wuIr",n-vaC(oa:noe) Part A-Page 2
WUNA, WUNA may trminate this Agreement as it concaes suds discoadmsed
Service Medmd The effective done of such wu m ttion under this Sudan 4A
shall be the due on which WUNA dispotttinoes such Service ilkOxx ; ptowided,
however, that WUNA shall use commercially reasonable efforts to notify Agent at
kast 30 days prior to such termination. As used heroin, "Saviee Mathod" means
the followiog Money Trmsfer Services: Quids Collect, Quick Cash (ioduding
Benefits Quick Cash] Western Union Cash Card, SwiftPay/Prepaid Stx 100
optional services of WUNA (inclucft mcss+giag delivery, telephoning due
ra:eiver, do.) and such other methods of providing the Money Transfer Services
that WUNA may introduce or replace any of the foregoing with from time to time.
It-A. IodeudAcation.
10A.1 Irrlrfnn; cation by Anat Agent shall indemnify and hold WUNA, its
affiliates, and their re%=tivo offia+s, directors, agents and employees, harmless
from and against wry claims, losses, damages, liabilities or eitpenses (toduding
reasonable attorneys' fees and expenses) arising out of or resulting from: (a) my
failure to snit MT Trust Funds; and (b) the loss, misuse, theft, burglary, forgery,
rot,bery or other crime, destruction, disappeanuice and all other causes of loan with
re-poct to the MT Trust Funds and MT Checks, including rho receipt of counterfeit
currency or dsedcs.
10A.2 hadesmsification by WUNA. WUNA will indcamiiy sad hold Agent
harmless from and against any claims, losses, damages, liabilities or Upon=
(indudintg reasonable attorneys' fees and expenses) arising out of of resulting
from any mishandling, delay, non-delivery or other errors or omissions consorting
the Money Transfer Services and caused by WUNA prior to transmission to Agent
or aft acceptance from Agent and not attributable t0 the ads or omisshoos of
A ore; its officers, principels, or employees.
W1'14AiFa vd2Oo61U&1%1. P-A-PW.(oor2oo6) Part A-Page 3
PAWN
Dttitts'"W e?tServices
MONZY ORDER
For purposes of this fart B, WUNA refers to HIS. IPS is the initial, licensed inner
of the Money Orders, but during the tam of this Agreement, Agent may receive a
notice fmm Western Union or a third-party identified in such notice stating that
Weaken Union or such third-party is now the lice scd issuer under the contract.
Agent shall consider such notice as Notice under this Agreement. Upon raxipt of
such twtick WUNA shall refer to the party designated in such notice.
1B, Services. During the tear of this Agmamett, Agent shall offer for sale to the
public money orders issued by WUNA (the "money Orders'). Ave agrees that
during the term of this Agreement and for a period of 90 days thereatlet Agent
shall not offer for We any money orders other than the Money Orders. Agent
represents and warrants that Agent is not obligated to offer any money orders at
any location of Agent that compete with the Money Orders. Agent agrees that, if
Agent breaches this Section IB V UNA's remedies at law will not be adequate,
and in addition to the other remedies set forth herein, WUNA shall be a titeti to
specific performance, including appropriate injunctive relief.
2B, Procedares.
28.1 WUNA shall train Agent and Agent's designated employees in providing
the Money Order Sere ices as WUNA deem necessary.
28.2 Agent shall not sell any single Money Order with a dollar amount imprinted
on the Money Order (the "Face Value") aux= ing 51,000. Agent shall collect the
Face Value of each Money Oiler sold. Agent may also collect a consumer fee for
each Money Order sold, provided that the consumer fee shall not exceed $0.99,
and that in establishic g such consumer fee, Agent shall comply with all appHo"
laws and regulations wig respect to such fees. Agent shall accept only cob it
payment for the Services. Agent's acceptance of any form of payment for Money
Orders odor trail cash shall be at Agent's sale and exclusive risk-
211.3 Agent shall not use Money Orden to pay vendors or for any other obligation
of Agestt soy affiliate of Agent, or of any principal, ofTicer, director or employee
of Agent, or of arty member of Agent's family, as applicable.
28.4 Agent agrees that WUNA may establish, from time to time and in WUNA's
sole discretion, daily limits relating to the number and aggregate Face Value of
Money (seders that may be sad at each Iocetioa WUNA reswics the right to
temporarily suspend Mottey Order sales at any location if Agent exceeds a daily
Money Order sales limit established by WUNA.
28.5 Agar agrees that WUNA shall be entitled, in its sole discretion, to brood the
Money Orders under any bminess tame, trade name or trademark designated by
WUNA
213.6 Without the prior written approval of WUNA, Agent shall not sdvertise,
solicit, or negotiate any WUNA services in any language other than English or
Spanish.
3B. Trost Reltatlooahip; liability fear 1.ew.
313.1 As of the Etlective Dole, WUNA appoints Agent as its agent and trustee for
the limited purposes ofotl'ering the Money Orders for sale to the public, collecting
the Face Value of any and all Money Orders sold by Agent, plus all WUNA Fees
and all Monthly )rental Charges (the "MO Trust Fonds") and imprinting Money
Orders, all in accordance with the [s'ovisiaau of this Agreement. Agent shall act in
a fiduciary capacity and hold the Money Orders and MO Taut Funds in taint for
the benefit of WUNA and shall maintain and accotutt for the MO Trust Ftads
separate and apart fran: all other funds and monies of AgenL Agent agrees that, in
the event Agent commingles MO Trust Funks with any other funds, such funds
shall be impressed with a trust to the exlcnt of the b1O 'Frost Fronds. Agent shall
not acquire by operation of this Agreement, or otherwise, any right, title or earnest
of arty kind in the MG Trust Funds or Money Orders. All MO Trost Ftmd, and
Money Orders remain: the sole and exclusive property of WUNA. Agent's
financial records sbail identity the MO Trust Funds and Money Orders as Rinds
and other property held in trust fa :ire benefit of WUNA.
31; 2 Anything to the contrary notwithstanding, Agent shall safeguard and protect
all MO Taut Funds, Money Orders and MO Machines in its capacity as a
fie uciary or Uu4ee entnnsted with such cash, similar instruments or equipment for
safekeeping- Agent stall be absolutely liable for any loss, theft, seiwre, forfeiture
or misappropriation of the same until such MO Tout Fonds, Money orders or MO
Machines are received by or are in the possession of WUNA. Agent shall be
absolutely liable to INTJNA far: (a) all MO Trust Funds: (b) the face value of all
Money Orden lost, stolen, destroyed, materially damaged, misappropriated, seised
or forfeited from Agcn! and which are subsequently paid by WUNA; and (C) the
reolacemetn value or all M) Machir= lost, stolen, destroyed, damaged,
misappropriated, acin I l or forfeited while in Agent's possession. Within 24 hours
af!4?r unsold or unused ,:loney, timers or MO Machines provided hereunder have
be;-n lout, stolen, destmved, damagrxl, misappropriated, scized or forfeited. Agent
shAl notify WUNA of the serial mmibers ofstnch Moncy Orders or-MO Machines.
11n W'ever, such notice does not relieve Agent of its liability as provided betein, and
W'-'NA shall have no obligation to stop payment on or dishonor any Money
Us' er, rtgardless of ,hQthcr WUNA has been provided notice of such loss or
th- !'.. Agent agrees to _-.ay all ti0 Trust Funds to WUNA upon demand, regardless
of the pesenee or absence r negli- x o k
entity.
41L Resa ttiaoe mad Jt r gg h u
4B.1 Agent shall pay $- ____
A4
Fee is prat
Of M< ey
ey O
?
amder o Agreement coon' xd t ,
event Agent does not mess its 1,
000 rte MO Fee and/or (t` itus
with Section 6B.4 below.
4B.2 On each Remittance lay ( set .
succeeding "Banking Busin. i Day iefnmr
open for business) if sttrh ti:- is no 3ank
fonds as follows: ([?lack or - Dar 'C'H
? (I)FAU Act WUNA 11 ins s ' r' i
other electronic means) age t the t •u
due WUNA hereunder.
? (W13tE) Agent shall, at i, )wn
designated by WUNA of al' -ids
? (CREDTr ACH) Ager ihal,
Anhoemod Clearings House other -,?-s-o ,
WUNA of ell funds due Wr, . A her -Ider.
The total amount to be rem: id sh
Sales Summary Report and ill bt
used or sold during the Rep mg F
R-1 Charges then due. err any
Each Raporting Period sh.al nd a
find dry of stich Reporting rind,
and 11:59 p.m. on the firm y of
its busin ess on the final da- suet
RF?ORTD G er )qt5
AIV T olds mw r :;t F
thn
If Agent fails to comply a
seeps set forth in sect!
provisions of this section
due to WUNA in accorda,
other material provision
Agent, provided that be! : r .
to terminate Part B of d
and the changes shall not ter'.:
5B. Merellaadbhg SL=r.
ordinances, Agent must (" 6B. Mond Omkr Mach 1, v
68.1 WUNA agrees tc. T
Machinex") necessary
Agroemenrt txedes a tai, ,
Machias, and no other
hereby pass to Agent.
custody and control of
deterioration, wreckage,
use the MO Machines o -
Agent's expense, Agen
tone phone line via an H- 3f
transmit all Money Ord-
6B.2 Agent shall be r..:
property, buaffn s or ;
Machines.
683 Title to all MO Ma ' n
firmware and all upda<
"MO Software") shall
therein is transferred to
ye in
cal t
A p!
ct >
i!
115 t
o'
?f
:;Tt.*
,. 91. a
Y' E
Jj.
aw Yd
r :r err
gym'
4a: ::ado
r5
'' or am outer person or
'ch Mosey Ordersold by
:I'gent sells a minimum
the location covered
' equken sin. In the
-tit WUNA mqr (a)
' Cheep in aoomdsooe
rt below), or on the
fiich federal bob are
Agent shall merit all
I Y, ti
sted Clamping (louse or
W amount *fan finds
tramfer to an stlcourit
initiate a reedit (via
deaigaaeedby
N'A on a Many Order
- of all Money Orlon
IAO Fees, any Motttltly
.""t to Section W2.
se of business on the
.d, gem botwuxa 7 pram,
A a_en, does not close
Y(S)
a e any or an ofthho
-4y dbovp the
to rests amounts
"nt breaches my
s prior notice to
gait my elect
notice to WUNA,
: -npostad by loaf
`..,eat (ft "MO
). Orders. This
LM of the MO
4111dtinb shall
-xchisfve cam,
grit may abuse.
Agent shall
MY Orders. At
i-amdmtd ahhalog
MO Machine to
..% ;npd salsa, nee,
e"a':-z to the MO
.2re, mneroook
'-ided to Agent
it, and oo Lille
rent Agent is
w r.v,?o,,,,?2opy??,,,, ?., arorrr vi Pan g -1'agc l
boreby gK*d a tvvalty-ftee, non-ttansferable and ttoWMIusiva Norma to use
the MO Softwe a sdely for the purpose of providing Moony Orders and for such
odwr p as WUNA or. its a' it i?as msy specify in wrnin& fivm time to Lima.
Such 1', shag terminate upon termination, of this Agreerrant. Agent agrees
that the MO Softwa•t is the proprietary and confidential informetiorl ofWUNA.
in order to protect W'.TNA's trade secrets in the MO Software, except to the aoaeat
penniteed by applicable law, Agent agrees not to Ivy- eognroa, dC=WIK
copy, modify, create derivative -oyes of, ttansfa, sell, PUMM cur disclose 111e NO
Soft Agent agrees that the MO Software is proprietary and confidential
iofotmation of WUN.A QAJ?b
6B.4 Agent shall pay a monthly rental charge of $ per calendar mouth for
each MO Machine provided to Agent (Monthly Reaps CWV"k provided,
however, diet if Agent does not road the Mininatm Sales Acquirement, WUNA
may inermse the Monthly Rental (barge by $15.00 per MO Machine upon notice
to Agent. The Monthly Remal Charge shall be pry" on the first brmkkW
business day of eact, calendar month commencing on the fust banking bminess
day of the first caleniar month a` r-r teceiot of the MO Machine(s) by Agent
7P, Tenmisatioe R--epoiislbilttkF -, I.igaldAted Damages
7B,1 Inxnediately upon termir=.tion of this Agreement, or in the event of the
closure of one of Agco's locavcns. with respect to that location, Agent w1'll (a)
stop presetting itse+f to the public as se€ling Morey Orders, (b) make no use of
vVUNA's InUlleetuai Propery o- consumer Information, (c) refer all calls and
customers b%ended Ior WUNA m telephone numbers and locations specified by
WUNA and will no! divert any such calls or customers to a WUNA oompetilor
nor disparage WUNA or its Morel Orders, (d) at AgnCll sole cost and oxperts4
return to WUNA all of the f0owiag: all unused money orders, all state licensing
materials (if ery); all Consumes information and all informatim and materials of
arty type relating to WUNA's security measures and procedures; any equipment
and software which i the properly of WUNA, which shall be delivered tD WUNA
in good repair and condition, reasonable wear and tear excepted: and all other
itcrns that WUNA }us provided to Agent, (e) at Agent's sole cost and expetw,
n nave and (at WUNA's electi(-vi) deliver to WUNA or dispose of all signs,
displays and other materials containing the WUNA or WUNA name or logo (cur
will permit WUNA to do so at Agent's sole cost and expense). (f) render, a full
acwtating to WUN,.a for all I-A, try Orders furnished to Agent, all Money Orders
sr,!d or used by Agent and all Trust Funds, and (g) pay to WUNA any other
ar;.cuts that may he due m N'?7NA in accordance with the - of this
Agreement. In addition, WUNA will provide to Agent a 12" by Ir notice
displaying WUNA telephone r ricers and the names, addresses and telephone
numbers of locations where Mot+ev Orders are available, and Agent will post such
notice and keep it rusted in a ?-onspicuous location for a period of 90 days
following the termination of this Agreement. Upon any termination hereof,
u JNA may instruct the local telephoto compmy to remove Agent's locations
from the WUNA livings in any toss-, f directory records.
t2 In the event that (a) this Agivzrnent is improperly tetnioated by Agent prior
tr the expiration of "m Initial Tern; or the expiration of the Renewal Tam, or(b)
tl ' s Agreement is e--minated ;uior to the expiration of the Initial Tam, or the
e ;- iration of the Renewal Ter-, dire to a breach hereof by Agent, then, in addition
to any other remediv4 cantainr.: tt min or otherwise available to WUNA. Agent
shall pay WUNA, u-=in 3enum. , an amommt equal to the average monthly WUNA
fe s collected by '-gent duri^a the 90 days preceding ten ination plus the
N^ ordhly festal Cha: gas paid t, ' r ant during such 90 day period, multiplied by
c, _ number of moms , (including t=; pro ruts portion of a month) then remaining
in .:ne Initial Term a the Renews f -rm. Agent actmoMedges and agrees that the
ei,xmt calculated the m:'rnt r pccirted above is a reasonable, estimate of
%t `. NA' probable :l imiges in c avert of such termination and does not
c. :stitute a penalty.
8 , fndeauttlatlo?..Agent st:4 i nderntify and hold WUNA, its affiliates, and
tI ; i; respective ofl`,i:cTS, else 'n^ , agents and employees, harmless from and
a -.;n t aM claims, I•-:-ssfs, elan:=s;es, liabilities or expenses (including teasonable
a! >-„eys' fees and expenses) ar.,,I .g out of or resulting from: (a) ally hilure to
r :t MO Trust Fu-,Is; (b) the i.. e, misuse, theft, burglary, forgery, robbery or
c r crime, destruc:.,n, disappear .,.-rce and all other causes of loss with respect to
t: MO Trust Furls or Moe' Orde-s, including the receipt of counterfeit
onrrency or odlecks: of (: } s action pay tt on a Matey Order
upon Agent's request
Part B - Arne 2
N' ?A/ForMSMOWUSIVW rmia:r>02V•..:
G Rritrt?lrorm?
1.
2.
ATYACHiYIM I
AGENT LOCATION(S), HOURS OF OPERA T
(MUST BE COMPLETED FOR EACH LOCA!
ewAgent F- Add-On Agent Change of Ownership enewa,
(Previous Agent # -.xistin'Ll, it # )
Business Name: ?-
Address: 2 ---
City/State/l. p: 7 f b Z/
Contact Name: --
Telephone Number: Faze Number:
Minumum Cash Payout for Money Transfers (encashment amount): T
*Hours ofC-?+e aticn Mon.. -7 3J _ 9; o--z> Fri.: `?; 3 J - 7 ti
Tue... Sat.. x:30.
Wed.: Sun.: ._ r
Thu.: Hol.:--? _ l
r New Agent (- ..dd On Agent Change ofOwnership
ter.ews'
(Previous Agent # j Existing t #, )
Business Name:
Address:
City/State/lip:
Contact Name:
Telephone N u tuber: Fax ber:
Minumum (,'asli Payo-It for Money Transfers (encashment amount):
*HotnsofOperation Mon.: Fri,:
Tue.. - Sat.: -
Wed.. Sun.: \
Hol.:
*If circumstances interE erz• with Agent's hours of operation at any location, Agent shat I inf ! JNA phone of the nature and
expected duration clf suci. 'n terference and the temporary hours of operation at least five dF a. I an meta. ces permitting, or
in any event as s)or. as rcac;onably practicable.
[Please use additional sheets if neccswu
WUNA/Corms/200r,:?;:;;N'U:'A;:!(Oct2OO6) iiilable 11orm
ACH DRAFT AUTHORIZATION AGREE W1
('f'rost Aoeonnt)
1. The undersigns-d Agent authorizes Western UWM Fin640W Services, Inc. -Adf
(each referred to herein as "WUNA") to initiate debit and credit entries ;via
electronic means) to or from the account specified below (or any repla6-ner
Western Union Bank Change Form and appmved by WUNA)(the "Ac
Authori--ration and the applicable mks of the National Autornared Clearing
member associations ("ACH Rules") for the purpose of obtaining from A
including but not Limited to money transfer trust fiords and/or matey order trust
2. Agent rnpresens and warrants that (i) if Agent is a natural person, the A.':rant
fix aonu7ercial purposes and not personal, family or household purposes; and (t
sign: mss) nvccssary to make this Authorization effective as to debit and' ere,
shall vot be liaMe for airy act or omission of any automated clearing house, de
the ori,o,inating depository finanbial institution. Agent will indemnify arc hol
claims, demands, losses, liabilities or expense, including at0orneys' `c a
resulti ?,g or arising out of the breach or Inaccuracy ofthese warranties and rrTm
tegrmod eat S -steals Inc.
"hated C! g hotiv or other
:otlr,t s; d by Agent in a
t"1 in dance with this
:e Ass< i and its reldod
amour' able , WUNA,
S.
,d'will ,ttainc primerlly
•e sipar below are all the
-1tries to ccou, WUNA
r 'i-rso , including
mjc' . for ny and all
e„s ly Indirectly
ie.ns.
3. Agent t, F:reby agrees to be bound by the ACH Rides in effect from time t, duv ,,t fur tees complete
and cxec to any and all additional documents that the book maintaining ti:e Ac may. _ to of :.tua0e and
maintsln this a.rthorizatien. This authorization shall romoin in fall fome and off nul W; rid th- bank have
received at Iet^t sixty (60) days prior written notification from Agent of i - -m gin. a. g per s r•.xs not to
termin?.te this :authorization until a ve payment wmgc menu acce.Aad, 91-'' A sole discretion,
have b-ca made with another bank.
4. 'I'bis Authorization contains the entire agreement of the parties with se; --d ,•,, e. e, tt ein. This
Authorization may be amended only by a writing signed by both parties.
BANKMAMF -?7 BRANCH CHI
TRANSIT' "ABA HUNGER ACCOLYN; N' .Wl 6zti
BUSINESS1,AM,P.(S) desseprirr) AGENTNU-I
MWB EXAf 7MY AS IT APPEARS ON THE ACCOUNT
-
,
TUF i;
?j DATE SIGNATt -1 : ' -
ANI? 6,TfI.E(plrasxJ ? O ? ?? _ NAME AND" -
Ih..
. -00
HARMSBURG CBS"M d0ffid INC ' ooe
~' ice, N 31;0 St ?to? '
r: HA PP!1Stil1F'tG, Pk 17102 Datc.-
C? r r er of_._
t C rlnmerce
• V,.Eank, tvripri- * MoN Convenient 8ank6
8BH-YCS-0004
`;,
t
_ Ft
1(
,'j?3>+ 01<8?61: 53 T4:23?. ?i? 1Q;
AGENT INFORMATION
IN RNAL UM ONLY
(SALES REPRESENTATIVE TO COM )
?R Prornmmft? , infor:s, i?rrt
Macy mmdu-"?-rhme
Tra nsat#ion Center T, ;,c: Free Standing
Payout Type: -`Morey Order
I f Cash Card Payout:
Is Splitter OK?: _-
-__Y-Who Orders and lnst. 1!s phone line:
Direct Commx:t Comm nts:
Counter Top p
Money Transfer asb
ATM Max Dollar A
No
Agent
Chain # Jpg, fficY ? Agent #
MO Paper Brand: '-I?-J..-.Z?S--O V .. Other
Current Convenience: Pay Agent?
_ _N{> YES (Account # )
Closeout time (Repor Print):
Dialing Mode: Rotary Dial 9 for outside line?
Money Order Comrnc?ts:
%NUNA/F0nv&*00&US/WU/A; - ....cnticnlnKmJ}nfo(M?1A7>,
ANALYSIS OF OUTSTANDING TRUST FUNDS
HARRISBURG CHECK CASHING
SELLER NUMBER 232062
Debits
12/03/2007 through 12/05/2007
08-816436-756 through 08-816-436-895
Money Order Fee
12/11/2007 through 12/12/2007
08-816-436-897 through 08-816-436-909
08-816-436-912 through 08-816-436-914
08-816-436-916 through 08-816-436-917
08-816-436-920 through 08-816-436-921
08-816436-924 through 08-816-436-927
08-816-436-936
08-816-436-938 through 08-816-436-945
Money Order Fee
12/31/2007
08-816-436-911
Money Order Fee
12/31/2007
08-816-436-923
Money Order Fee
1/3/2008
08-816-436-935
Money Order Fee
1 /7/2008
08-816-436-915
Money Order Fee
Credits
Return Money Orders
08-816-436-897
08-816-436-898
08-816-436-899
$23,697.27 $23,697.27
35.00 $23,732.27
$23,789.18 $23,789.18
8.25 $23,797.43
45.00 $45.00
0.25 $45.25
23.05 $23.05
0.25 $23.30
75.20 $75.20
0.25 $75.45
71.00 $71.00
0.25 $71.25
($1,000.00)
($1,000.00)
($1,000.00)
*Figures contained in this Analysis are based upon current account standing and fees incurred to date and, therefore, are subject to additional fees and
adjustments. EXHIBIT
ANALYSIS OF OUTSTANDING TRUST FUNDS
HARRISBURG CHECK CASHING
SELLER NUMBER 232062
08-816-436-900
08-816-436-901
08-816-436-902
08-816-436-903
08-816-436-904
08-816-436-905
08-816-436-906
08-816-436-907
08-816-436-908
08-816-436-909
08-816-436-938
08-816-436-939
08-816-436-940
08-816-436-941
08-816-436-942
08-816-436-943
08-816-436-944
08-816-436-945
PRINCIPAL AMOUNT DUE
Audit Fee
Interest
Accrued Interest from December 19, 2007 through February 15, 2008
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
Legal Fees
(Legal fees are subject to change pending further costs and collection efforts).
Collection Fees
(Collection fees are subject to increase pending agency fees and other related costs).
Payments
01/30/08 Bank Wire
AMOUNT DUE TO INTEGRATED PAYMENT SYSTEMS
AS OF FEBRUARY 07, 2008
($21,000.00)
$26,744.95
$0.00
$393.11
$0.00
$0.00
($128.30)
$27,009.76
The Interest Diem Rate is $6.88 and shall be accrued on the Principal Amount Due starting January 16, 2008
January 31, 2008
*Figures contained in this Analysis are based upon current account standing and fees incurred to date and, therefore, are subject to additional fees and
adjustments.
STATEMENT
FROM: Western Union Financial Services FEB 19 2009
St Charles, MO
TO: Harrisburg Check Cashing
1300 N 3rd St #102
Harrisburg, PA 17102
PRINCIPAL: $26,616.65
INTEREST: $393.11
ATTY/COLL
COSTS:
$5,601.95
SUB TOTAL: $32,611.71
PAYMENTS:
TOTALFOR
PAYMENTS:
$0.00
GRAND
TOTAL:
$32,611.71
EXHIBIT
APR-16-2009 11:33
UM
502 584 0443 P.02i02
:.. Y•?RI'F1C?TION ? ...
1. ?..
of WESTERN:-UNION-'FINANCIAL SERVICES'. INC.; vadfy that the statements made in.
the aforegoing- documot'are 60°0nd'..correct; I understand Ut false statements herein '
are made subject-to the penalties of. 18 Pa. C. S. §4904, relating to unswom fNlsifiication
TOTAL P.02
CF TH '"QV
211Ln, 9Aa_,? ? ,`'f 11i ?2
;.: ITV
4qg .60 Po jkll`
CALA Sta4
' jo upo
v o1/ 2-
Sheriffs Office of Cumberland County
R Thomas Kline O,1M et C'c'nbrr?, Edward L Schorpp
Sheriff d'
Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE OF TxE -ERIE F Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/23/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Harrisburg Check Cashing, but was unable to locate them
in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint
and Notice according to law.
04/30/2009 Dauphin County Return: And now, April 30, 2009 I, Jack Lotwick, Sheriff of Dauphin County,
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Harrisburg Check
Cashing Inc. the defendant named in the within Complaint and that I am unable to find them in the County
of Dauphin and therefore return same NOT FOUND.
05/22/2009 04:45 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Richard T. Choi, but was unable to
locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the
defendant Richard T. Choi. After several attempts the complaint has expired.
05/22/2009 04:45 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: In Cha Choi, but was unable to locate
her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant
In Cha Choi. After several attempts the complaint has expired.
SHERIFF COST: $106.00 SO TARS, a
y 28, 2009 R KLINE, SHERIFF
2009-2555
Western Union Financial Service Inc.
VS
Harrisburg Check Cashing, Inc.
- ,?
..
aNtfirt of the ?11crizi
Mary Jane Snyder
Real Estate Depu :,•,':.?
William T. Tully ^'IJr
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania WESTERN UNION FIN. SERV. INC.
VS
County of Dauphin HBG CHECK CASHING INC. ET AL
Sheriff s Return
No. 2009-T-1077
OTHER COUNTY NO. 092555
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return,
that I made diligent search and inquiry for HBG CHECK CASHING INC. ET AL the DEFENDANT named
in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore
return same NOT FOUND, APRIL 30, 2009.
BUSINESS HAS BEEN CLOSED FOR OVER 1 YEAR
Sworn and subscribed to So Answers,
before me this 1 ST day of May, 2009
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
c
Highspire, Dauphir County
LIMY Commission Expires Set 1, 2010
Sheriff of Dau hin Co ty P
By ftp
Deputy Sheriff
Deputy: R HOPKINS
Sheriffs Costs: $41.25 4/29/2009
Sheriff s Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Western Union Financial Services
vs.
Richard T. Choi
~~~itt~` ts~ 4tuut~rrl p4
Case Number
2009-2555
SHERIFF'S RETURN OF SERVICE
10/01/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Richard T. Choi, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Richard
T. Choi. Request for service at 49 Creek Bank Road Mechanicsburg, PA 17050 is currently for sale. After
several attemps the Complaint has expired. The defendant is believed to be working at Kwak's Valley
Market 1300 N. Third Street Harrisburg, PA 17102.
10/01/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: In Cha Choi, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant In Cha
Choi. After several attemps the Complaint has expired. The defendant is believed to be working at
Kwak's Valley Market 1300 N. Third Street Harrisburg, PA 17102.
SHERIFF COST: $100.00
October 01, 2009
,,.~,.
r ~~,.. _ ; ~ ,;nr
SO ANSWERS,
~- -'
R THOMAS KLINE, SHERIFF
WESTERN UNION FINANCIAL SERVICES,
INC.
Plaintiff
v
HARRISBURG CHECK CASHING, INC. d/b/a
Harrisburg Check Cashing; and RICHARD T.
CHOI and IN CHA CHOI, each as personal
guarantor
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-2555 CIVIL TERM
CIVIL ACTION -LAW
C7
c ~ ;;
.,~
a
.,-. ~;e; ~ -~
:
.. ,
_
~:
4
w - z
~
~~
~
_
:T~ :yaD C'.7 ~l t'rY
l • •
N :~
c..:. -<
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT TUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s), RICHARD T. CHOI and IN CHA CHOI,
each as personal guarantor, named for failure to file within the required time an Answer to the Complaint in
the above-captioned case and assess the Plaintiff's damages as follows:
Amount claimed in Plaintiff's Complaint ............................ $ 32,611.71
Interest at the rate of 6% per annum from 3/19/09-5/3/10 ............ $ 2,192.54
Total ........................................................... $ 34,804.25
I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed or delivered
to the Defendant(s) and/or his/her Attorney of Record, if any, after the default occurred and at least ten (10)
days prior to the date of the filing of this Praecipe and a copy of the notice(s) is/are attached.
$I~.oo PA ~`~`~
KODA P.C. Cry ~~{aJ5
r~~a~l4l~~
By _
Robert D. Kodak, Attorney for Plaintiff ~~~ ~a~~ea
DATED: 3/l3I/D Judgment entered and damages assessed as above.
Pro onotary
LAW OFFICES OF
KODAK & IMSLUM, P.C.
CAMERON MANSION Telephone
Robert D. Kodak 407 NORTH FRONT STREET 717.238.7159
Gary J. Imblum POST OFFICE BOX 11848 Facsimile
HARRISBURG, PA 17108-1848 C1~~5,
www.kodak-imblum.com 1
February 22, 2010
RICHARD CHOI
49 CREEK BANK DRIVE
MECHANICSBURG PA 17050
RE: Western Union Financial Services, Inc.
VS: Harrisburg Check Cashing, Inc. d/b/a Harrisburg
Check Cashing; and Richard T. and In Cha Choi, e/Personal Guarantor
Our File No. 34872
No. 09-2555 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Mr. Choi:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/bjh
enclosure
cc ATTN JOHN J CORTESE
EULER HERMES UMA
PO BOX 1672
LOUISVILLE KY 40201-1672
KODAK & IMBLUM, P.C.
Robert D. Kodak
robert.kodak@kodak-imblum.com
~!r~ ~, ;.
142687
WESTERN UNION FINANCIAL SERVICES, INC
Plaintiff
v.
COPY
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.09-2555 CIVIL TERM
HARRISBURG CHECK CASHING, INC. d/b/a :CIVIL ACTION -LAW
Harrisburg Check Cashing; and RICHARD T.
CHOI and IN CHA CHOI, each as Personal
Guarantor
Defendants
IMPORTANT NOTICE
TO: RICHARD CHOI, Defendant(s)
DATE OF NOTICE: February 22, 2010
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 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
~~~tr
LAW OFFICES OF
KODAK &IMBLUM, P.C.
CAMERON MANSION
Robert D. Kodak 407 NORTH FRONT STREET
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
www. k o d a k-i mb l u m. c o m
February 22, 2010
IN CHA CHOI
49 CREEK BANK DRIVE
MECHANICSBURG PA 17050
RE: Western Union Financial Services, Inc.
Telephone
717.238.7159
Facsimile
C~I~P~S
VS: Harrisburg Check Cashing, Inc. d/b/a Harrisburg
Check Cashing; and Richard T. and In Cha Choi, e/Personal Guarantor
Our File No. 34872
No. 09-2555 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Ms. Choi:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, wee are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/bjh
enclosure
cc ATTN JOHN J CORTESE
EULER HERMES UMA
PO SOX 1672
LOUISVILLE KY 40201-1672
KODAK &IMBLUM, P.C.
Robert D. Kodak
robert.kodak@kodak-imblum. com
`LX1~'TTBIfi A
142687
COPY
WESTERN UNION FINANCIAL SERVICES, INC.: IN THE COURT OF COMMON
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 09-2555 CIVIL TERM
HARRISBURG CHECK CASHING, INC. d/b/a :CIVIL ACTION -LAW
Harrisburg Check Cashing; and RICHARD T.
CHOI and IN CHA CHOI, each as Personal
Guarantor
Defendants
TO: IN CHA CHOI, Defendant(s)
DATE OF NOTICE: February 22, 2010
IMPORTANT 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 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
LAW OFFICES OF
KODAK &IMBLUM, P.C.
CAMERON MANSION
Robert D: Kodak 407 NORTH FRONT STREET
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
www.kodak-imblum.com
February 22, 2010
IN CHA CHOI
1300 NORTH THIRD STREET
HARRISBURG PA 17102
Telephone
717.238.7152
F .- '1
C~~
RE: Western Union Financial Services, Inc.
VS: Harrisburg Check Cashing, Inc. d/b/a Harrisburg
Check Cashing; and Richard T. and In Cha Choi, e/Personal Guarantor
Our File No. 34872
No. 09-2555 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Ms. Choi:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/ bjh
enclosure
cc ATTN JOHN J CORTESE
EULER HERMES UMA
PO BOX 1672
LOUISVILLE KY 40201-1672
KODAK &IMBLUM, P.C.
Robert D. Kodak
robert. kodak@kodak-imblum. com
~EXHTBIT A
142687
COPY
WESTERN UNION FINANCIAL SERVICES, INC.: IN THE COURT OF COMMON
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 09-2555 CIVIL TERM
HARRISBURG CHECK CASHING, INC. d/b/a :CIVIL ACTION -LAW
Harrisburg Check Cashing; and RICHARD T.
CHOI and IN CHA CHOI, each as Personal
Guarantor
Defendants
IMPORTANT NOTICE
TO: IN CHA CHOI, Defendant(s)
DATE OF NOTICE: February 22, 2010
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 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
LAW OFFICES OF
KODAK & IMSLUM, P.C.
CAMERON MANSION
Robert D. Kodak 407 NORTH FRONT STREET
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
www.ko dak-imblum. com
February 22, 2010
RICHARD CHOI
1300 NORTH THIRD STREET
HARRISBURG PA 17102
RE: Western Union Financial Services, Inc.
Telephone
717.238.7159
717.238.715
COPY
VS: Harrisburg Check Cashing, Inc. d/b/a Harrisburg
Check Cashing; and Richard T. and In Cha Choi, e/Personal Guarantor
Our File No. 34872
No. 09-2555 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Mr. Choi:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, v~~e are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/bjh
enclosure
cc ATTN JOHN J CORTESE
EULER HERMES UMA
PO BOX 1672
LOUISVILLE KY 40201-1672
KODAK & IMBLUM, P.C.
Robert D. Kodak
robert.kodak@kodak-imblum.com
EXF3TBTT A
142687
COPY
WESTERN UNION FINANCIAL SERVICES, INC.: IN THE COURT OF COMMON T
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.09-2555 CIVIL TERM
HARRISBURG CHECK CASHING, INC. d/b/a :CIVIL ACTION -LAW
Harrisburg Check Cashing; and RICHARD T.
CHOI and IN CHA CHOI, each as Personal
Guarantor
Defendants
IMPORTANT NOTICE
TO: RICHARD CHOI, Defendant{s)
DATE OF NOTICE: February 22, 2010
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 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
''
WESTERN UNION FINANCIAL SERVICES,
INC.
Plaintiff
v
HARRISBURG CHECK CASHING, INC. d/b/a
Harrisburg Check Cashing; and RICHARD T.
CHOI and IN CHA CHOI, each as personal
guarantor
Defendant(s)
TO: RICHARD CHOI
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-2555 CIVIL TERM
CIVIL ACTION -LAW
Defendant(s)
You are hereby notified that on , 2010 the following (Judgment)
has been entered against you in the above-captioned case.
Judgment entered in the amount of $34,804.25
DATE: ~ ~ 3 l~ ~ ~ _
Prothono ary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Richard Choi
49 Creek Bank Drive
Mechanicsburg PA 17050
A: RICHARD CHOI
Defendido/a, Defendidos/as
Por este medio se le esta notificando que el de de12010 el/ la
siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a Begun indicada en el cetificado de residencia:
Richard Choi
49 Creek Bank Drive
Mechanicsburg PA 17050
Abogado del Demandante
WESTERN UNION FINANCIAL SERVICES,
INC.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-2555 CIVIL TERM
v
HARRISBURG CHECK CASHING, INC. d/b/a
Harrisburg Check Cashing; and RICHARD T.
CHOI and IN CHA CHOI, each as personal
guarantor
Defendant(s)
CIVIL ACTION -LAW
TO: RICHARD CHOI
Defendant(s)
You are hereby notified that on .2010 the following (Judgment)
has been entered against you in the above-captioned case.
Judgment entered in the amount of $34 804 25
DATE: ~ o
rothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Richard Choi
1300 North 3`d Street
Harrisburg, PA 17102
A: RICHARD CHOI
Defendido/a, Defendidos/as
Por este medio se le esta notificando que el de de12010, el/la
siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia:
Richard Choi
1300 North 3`d Street
Harrisburg, PA 17102
Abogado del Demandante
WESTERN UNION FINANCIAL SERVICES,
INC.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-2555 CIVIL TERM
v
HARRISBURG CHECK CASHING, INC. d/b/a
Harrisburg Check Cashing; and RICHARD T.
CHOI and IN CHA CHOI, each as personal
guarantor
Defendant(s)
CIVIL ACTION -LAW
TO: IN CHA CHOI
Defendant(s)
You are hereby notified that on .2010 the following (Judgment)
has been entered against you in the above-captioned case.
Tudgment entered in the amount of $34 804 25
DATE: ~ O
rothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
In Cha Choi
49 Creek Bank Drive
Mechanicsburg PA 17050
A: IN CHA CHOI
Defendido/a, Defendidos/as
Por este medio se le esta notificando que el de de12010 el/la
siguiente(Fallo) ha lido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a Begun indicada en el cetificado de residencia:
In Cha Choi
49 Creek Bank Drive
Mechanicsburg PA 17050
Abogado del Demandante
WESTERN UNION FINANCIAL SERVICES,
INC.
Plaintiff
v
HARRISBURG CHECK CASHING, INC. d/b/a
Harrisburg Check Cashing; and RICHARD T.
CHOI and IN CHA CHOI, each as personal
guarantor
Defendant(s)
TO: IN CHA CHOI
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-2555 CIVIL TERM
CIVIL ACTION -LAW
Defendant(s)
You are hereby notified that on , 2010 the following (Judgment)
has been entered against you in the above-captioned case.
Judgment entered in the amount of $34,804.25
DATE: J /o ~
Prothonota
I hereby certify that the name and address of the proper person(s) to receive this notice is:
In Cha Choi
1300 North 3'd Street
Harrisburg, PA 17102
A: IN CHA CHOI
Defendido/a, Defendidos/as
Por este medio se le esta notificando que el de de12010 el/la
siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/ a segun indicada en el cetificado de residencia:
In Cha Choi
1300 North 3'd Street
Harrisburg, PA 17102
Abogado del Demandante
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-2555 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WESTERN UNION FINANCIAL SERVICES, INC.
Plaintiff (s)
From HARRISBURG CHECK CASHING, INC. D/B/A HARRISBURG CHECK CASHING;
AND RICHARD T. CHOI AND IN CHA CHOI, EASH AS PERSONAL GUARANTORS AT 49
CREEK BANK DRIVE MECHANICSUBRG, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE,
JEWELRY, ELECTRONICS, SUPPLIES, ETC..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of SOVEREIGN BANK
GARNISHEE(S) as follows:
GARNISH ABOVE BANK SOVEREIGN BANK AT: 235 N 2ND STREET, HARRISBURG, PA
17101 FOR ANY AND ALL ACCOUNTS UNDER DEFENDANT(S) NAME(S) SOCIAL
SECURITY # XXX-XX-6514 AND # XXX-XX-7292.
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 $33,204.25
L.L. $.50
Interest FROM JDMT - 6/7/11 $5.46 PER DIEM -- $2,129.40
Atty's Comm5 %STATUTORY RATE -- $1,660.21 Due Prothy $2.00
Atty Paid $398.50 Other Costs TO BE DETERMINED
Plaintiff Paid
Date: 6/9/11
(Seal)
REQUESTING PARTY:
Name JEFFREY L. TROUTMAN, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
David D. Buell, Prothonotary
Deputy
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 53984
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
WESTERN UNION FINANCIAL SERVICES,
INC.
Plaintiff
Vs
HARRISBURG CHECK CASHING, INC.
d/b/a Harrisburg Check Cashing; and
RICHARD T. CHOI and IN CHA CHOI, each
as personal guarantors,
49 CREEK BANK DRIVE
MECHANICSBURG, PA 17050
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
Writ No. Term 20
No. 09-2555 Term 20 09
Amount Due 5/13/10 jdmt
minus payments ........... $ 33,204.25
Interest from jdmt -6/7/11
5.46 per diem ............... $ 2,129.40
Atty's Commission
5% statutory rate .......... $ 1,660.21
Vs Costs (to be determined) $
SOVEREIGN BANK, Garnishee c' * ri
C=
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MA rrI co
TTI m C_ -rµ
rn' `-
vtE"
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania r :r- o
(2) against RICHARD T. CHOI AND IN CHA CHOI (ONLY) 9- i
een a s;
(3) and against SOVEREIGN BANK - r T-'
amis ee s ;
(4) and index this writ
(a) against RICHARD T. CHOI AND IN CHA CHOI (ONLY)
Defendant(s) an
(b) against SOVEREIGN BANK
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy):
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC.,
AND GAR*TrcuAd-& T.8AjWj4, U LITC-LIgTRFFT C'ARIIC3 AAq e . FQR e1lNeT?T errnrr?rrrc?Tnr?-ari r
... t F_
NL4MW+. AND GARNISH ABOVE BANK SOVEREIGN BANK AT: 235 N 2ND STREET, HARRISBURG, PA 17101 FOR ANY
AND ALL ACCOUNTS UNDER DEFENDANZ(S) NAME(S) SOCIAL SECURITY # XXX-XX-6514 AND #XXX-XX-7292.
(5) Exemption has (not) been waived. 4 .; q -' SD PG(44?
1 frU •DD
/00 -
S3• 4 wil"A 7j SU r?
4 o v o rt Kodak, Esquire ??
/??!( W?++ # 1 G !/ ?/ rt
PO Box 11848
?? 6 y Harrisburg, PA 17108
? Iv e 9 44 (717) 238-7159
Dated 6/7/11 °? ' ?? Attorney For Plaintiff(s)
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NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated.
Under Rule 3103(c) a writ issued on a transferred judgment maybe directed only to the sheriff of the county in which issued.
N
O
rt
O
N
0
Paragraph (3) (above should be completed only in a named garnishee is to be included in the writ).
Paragraph (4)(a) should be completed only if indexing of the executions in the county of issurance, is desired as authorized by Ruh? 3104(a). When the writ issues to
another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b).
Paragraph (4)(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c).
'I t r C
`' ' I l' P.',
.r_ It, rt l I JUN 20 APB 10: 1 i,;
ROBERT D. KODAK, ESQUIRE °ENP,SY V,A,,il1A
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7152
Attorney for Plaintiff
WESTERN UNION FINANCIAL IN THE COURT OF COMMON PLEAS
SERVICES, INC.. CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
vs
NO. 09-2555
HARRISBURG CHECK CHASHING,
INC. d/b/a Harrisburg Check Cashing;
and RICHARD T. CHOI and IN CHA
CHOI, each as personal guarantors,
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
Please AMEND the Writ of Execution in the above-captioned case for the
Garnishee, Sovereign Bank,17 W. HIGH STREET, CARLISLE, PA 17013
TO: Cumberland County
Prothonotary
Dated:_ June 15. 2011 M'd
s3q3ll
loliert 'Kodak, Attorney for Plaintiff
ttorney I.D. No. 18041
aMaMe-n
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-2555 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WESTERN UNION FINANCIAL SERVICES, INC.
Plaintiff (s)
From HARRISBURG CHECK CASHING, INC. DB/A HARRISBURG CHECK CASHING;
AND RICHARD T. CHOI AND IN CHA CHOI, EASH AS PERSONAL GUARANTORS AT 49
CREEK BANK DRIVE MECHANICSUBRG, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE,
JEWELRY, ELECTRONICS, SUPPLIES, ETC..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of SOVEREIGN BANK
GARNISHEE(S) as follows:
GARNISH ABOVE BANK SOVEREIGN BANK AT: 110. 4i9h Sfree+, CCrlisfe PA ? (7U3
17101 FOR ANY AND ALL ACCOUNTS UNDER DEFENDANT(S) NAME(S) SOCIAL
SECURITY # XXX-XX-6514 AND # XXX-XX-7292.
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 $33,204.25 L.L. $.50
Interest FROM JDMT - 6/7/11 $5.46 PER DIEM -- $2,129.40
Atty's Comm5 %STATUTORY RATE -- $1,660.21 Due Prothy $2.00
Atty Paid $398.50 Other Costs TO BE DETERMINED
Plaintiff Paid
Date: 6/9/11
David D. Buell, Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name JEFFREY L. TROUTMAN, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
tOt.IC. j
Telephone: 717-238-7159
Supreme Court ID No. 53984
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
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Richard W Stewart
Solicitor
Western Union Financial Services
vs.
Richard T. Choi (et al.)
^.c <. u.;F'i[ CMG -- F:IFF
PENNSYLA 1 `;.
Case Number
2009-2555
SHERIFF'S RETURN OF SERVICE
06/22/2011 10:19 AM - William Cline, 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, Sovereign Bank at 17 W High Street, Carlisle Borough, Carlisle, PA 17013,
Cumberland County, by handing to JULIE MYERS, BRANCH OPS MRG, personally three true and attested
copies of the Writ of Execution and made the contents there of known to her.
SO ANSWERS,
June 23, 2011
RON R A ERSON, SHERIFF
T
Deputy heri
W liam Cli e,
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson FILED-D zlCE Sheriff F THE PROTHumT,
?
Jody S Smith 2011 JU,- 15 PM 1: 1 13
Chief Deputy CUMBERLAND ?%OU?`?:
Richard W Stewart
Solicitor PENNSYLVANIA
Western Union Financial Services
vs.
Richard T. Choi (et al.)
Case Number
2009-2555
SHERIFF'S RETURN OF SERVICE
06/22/2011 10:19 AM - William Cline, 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, Sovereign Bank at 17 W High Street, Carlisle Borough, Carlisle, PA
17013, Cumberland County, by handing to JULIE MYERS, BRANCH OPS MRG, personally three true anc
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 7-12-2011 to In Cha Choi and Harrisburg
Check Cashing, Inc. at 49 Creek Bank Drive, Mechanicsburg, PA 17055.
07/11/2011 06:35 PM - Deputy Tim Black, being duly sworn according to law, served the requested Writ of Execution
and Claim for Exemption Form to a person representing themselves to be IN CHA CHOI, who accepted
as "Adult Person in Charge" for the within named Defendant, to wit: Harrisburg Check Cashing, Inc. at 49
Creek Bank Drive, Silver Spring Township, Mechanicsburg, PA 17050, informed person of contents of
same and levied upon personal property as directed.
07/11/2011 06:35 PM - Tim Black, Deputy , being duly sworn according to law, states that on July 11, 2011 at 6:35 PN
hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a
true and attested copy to a person representing themselves to be the Defendant, to wit: In Cha Choi at 49
Creek Bank Drive, Silver Spring Township, Mechanicsburg, PA 17050, informed Defendant of contents of
same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and
letter mailed to defendant on 7-12-2011.
07/12/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Richard T. Choi, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 49 Creek
Bank Drive, Silver Spring Township, Mechanicsburg, PA 17050. Carla Choi advised deputies that
defendant Richard T. Choi is in prison, but she is unsure where.
SHERIFF COST: $145.60
July 12, 2011
Ti o y Black, Deputy
CounfyS,jitc Srenff. Teieosc7ft. in?.:_
SO ANSWERS,
WESTERN UNION FINANCIAL
SERVICES, INC.
v
HARRISBURG CHECK CASHING
INC. d/b/a Harrisburg Check
Cashing; and RICHARD T. CHOI and
IN CHA CHOI, each as personal
guarantors,
Defendant(s)
v
SOVEREIGN BANK,
CIVIL ACTION - LAW
Garnishee
PRAECIPE
TO THE PROTHONOTARY:
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Please dissolve the Garnishment issued against SOVEREIGN BANK, Garnishee in
the above-captioned matter.
TO: Cumberland County
Prothonotary
Dated: July 21, 2011
=71) - Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
4? 6-'o rd, d4
44-,* -;? 0y9- 3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO. 09-2555
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7?4%
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
. Anderson
S Smith
of Deputy
dchard W Stewart
Solicitor
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C%Fg'E ?? ?RIF
f:?
UI TMEPP ?4TNONO APiki'
2012 FEB 17 PM 2-- 23
CUMBERLAND COUNTY
PENNSYLVANIA
Western Union Financial Services
Case Number
vs.
Richard T. Choi (et al.) 2009-2555
SHERIFF'S RETURN OF SERVICE
06122/2011 10:19 AM - William Cline, 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, Sovereign Bank at 17 W High Street, Carlisle Borough, Carlisle, PA
17013, Cumberland County, by handing to JULIE MYERS, BRANCH OPS MRG, personally three true anc
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 7-12-2011 to In Cha Choi and Harrisburg
Check Cashing, Inc. at 49 Creek Bank Drive, Mechanicsburg, PA 17055.
07/11/2011 06:35 PM - Deputy Tim Black, being duly sworn according to law, served the requested Writ of Execution
and Claim for Exemption Form to a person representing themselves to be IN CHA CHOI, who accepted
as "Adult Person in Charge" for the within named Defendant, to wit: Harrisburg Check Cashing, Inc. at 49
Creek Bank Drive, Silver Spring Township, Mechanicsburg, PA 17050, informed person of contents of
same and levied upon personal property as directed.
07/11/2011 06:35 PM - Tim Black, Deputy , being duly sworn according to law, states that on July 11, 2011 at 6:35 PN
hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a
true and attested copy to a person representing themselves to be the Defendant, to wit: In Cha Choi at 49
Creek Bank Drive, Silver Spring Township, Mechanicsburg, PA 17050, informed Defendant of contents of
same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and
letter mailed to defendant on 7-12-2011.
07/11/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Richard T. Choi, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 49 Creek
Bank Drive, Silver Spring Township, Mechanicsburg, PA 17050. Carla Choi advised deputies that
defendant Richard T. Choi is in prison, but she is unsure where.
02/16/2012 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.
SHERIFF COST: $151.13 SO ANSWERS,
February 16, 2012 RON R ANDERSON, SHERIFF
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