HomeMy WebLinkAbout10-4832AV
Merchants Express
Money Order Company, Inc
PLAINTIFF
V.
Brian Cardonick
Individually, jointly and severally,
DEFENDANT
and
Miriam Cardonick
Individually, jointly and severally,
DEFENDANT
and
Joo Hyun Kim
Individually, jointly and severally,
and
A Plus Check Cashing I, LLC, d/b/a
A Plus Check Cashing
Limited Liability Company
DEFENDANT
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
No.
CONFESSION OF JUDGMENT
2010 - W3a
tIZI
,
-a
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the compliant filed in this action, I appear for the Defendants and
confess judgment in favor of the Plaintiff and against the Defendants as follows:
Principal: $ 44,557.09
Interest ($16.04 per day): $ 4,171.15
Lost Fee Income: $ 17,136.00
Attorney Fees: $ 14,623.61
Total: $ 80,487.85
evin M. tkins, Esq.
Attorney for Defendants
a7 S-Z? 'Pol. &4
064? a?5
a
Merchants Express
Money Order Company, Inc
PLAINTIFF
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
V.
Brian Cardonick
Individually, jointly and severally,
DEFENDANT
and
2010
l?- C 1
No gX31 v w
Miriam Cardonick :
Individually, jointly and severally,
DEFENDANT
and
Joo Hyun Kim
Individually, jointly and severally,
and
A Plus Check Cashing I, LLC, d/b/a
A Plus Check Cashing
Limited Liability Company
DEFENDANT
NOTICE
NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED
MATTER HAS BEEN ENTERED AGAINST YOU.
"gi SJ- ,
PROTHONOTARY/
,ow
if you have any questions concerning the above, please contact:
Kevin M. Lutkins, Esq.
Merchants Express Money Order Company, Inc.
1029 Mumma Road
P.O. Box 8863
Camp Hill, PA 17001-8863
(800) 543-8207
Merchants Express
Money Order Company, Inc
PLAINTIFF
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
V.
Brian Cardonick
Individually, jointly and severally,
DEFENDANT
and
, 2010
No 6 703
Miriam Cardonick
Individually, jointly and severally,
DEFENDANT
and
Joo Hyun Kim
Individually, jointly and severally,
And
A Plus Check Cashing I, LLC, d/b/a
A Plus Check Cashing
Limited Liability Company
DEFENDANT
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
COUNT I - CONFESSION OF JUDGMENT
(MEMO V. A PLUS. B. CARDONICK. M. CARDONICK. KIM)
Plaintiff is Merchants Express Money Order Company, Inc. (hereinafter "MEMO"), a
Pennsylvania Corporation wholly owned by the Pennsylvania Food Merchants Association that
engages in the issuance and sale of money orders and whose address is 1029 Mumma Road,
Wormleysburg, Pennsylvania, 17043.
2. Defendant A Plus Check Cashing I, LLC, (hereinafter "A Plus"), is a limited liability
company that operated as A Plus Check Cashing at 6837 Torresdale Avenue, Philadelphia,
Pennsylvania, 19135. A Plus has ceased operations.
3. Defendant Brian Cardonick (hereinafter `B. Cardonick"), is an individual residing at
60 Shelly Road, Holland Road, PA 18966 and is the husband of Defendant Miriam Cardonick.
4. Defendant Miriam Cardonick. (hereinafter "M. Cardonick" ), is an individual residing
at 60 Shelly Road, Holland Road, PA 18966 and is the wife of Defendant B. Cardonick.
5. Defendant Joo Hyun Kim (hereinafter "Kim"), is an individual residing at 2003
Poplar Street, Philadelphia, PA 19130.
6. Defendants B Cardonick, M. Cardonick, and Kim are the owners and/or operators of
Defendant A PLUS and entered into the Trust Agreement on behalf of said Defendant A PLUS
and themselves on or about April 22, 2009. A true and correct copy of the Trust Agreement
under which Defendants B Cardonick, M. Cardonick, Kim, and A PLUS are confessing
judgment is attached hereto as Exhibit "A".
7. Defendants B Cardonick, M. Cardonick, and Kim, with the intent to induce MEMO
to enter into a Trust Agreement with Defendant A PLUS, agreed to personally guaranty the
obligations of Defendant A PLUS. A true and correct copy of the Personal Indemnity and
Guaranty under which Defendants B Cardonick, M. Cardonick, and Kim is confessing judgment
is incorporated into and a part of the Trust Agreement attached hereto as Exhibit "A".
8. The forgoing judgment against Defendants B Cardonick, M. Cardonick, Kim, and A
PLUS, is not being entered by confession against a natural person in connection with a consumer
credit transaction.
9. The Plaintiff has not assigned the Trust Agreement and Personal Indemnity and
Guaranty under which judgment is being confessed.
10. The Plaintiff has not entered judgment against Defendants in any jurisdiction for the
unpaid sum of $80,487.85 or any additional amount for a total of the debt demanded here.
11. The Defendants jointly and severally acted as selling agents for Plaintiff from April
28, 2009 until October 9, 2009.
12. Pursuant to the Trust Agreement, Defendants are required to hold all monies received
by them from the sale of money orders, including money order fees (hereinafter "trust funds"),
separate and apart from other funds of the Defendant for collection by the Plaintiff through
electronic or other means.
13. The Plaintiff attempted to collect the trust funds from Defendants on September 28,
2009 and October 1, 2009, through an Automated Clearing House (hereinafter "ACH") method.
14. The Plaintiff, or its designated check-clearing banking center did not receive the
payment of the trust funds on September 28, 2009 and October 1, 2009, as required by the Trust
Agreement.
15. The failure of Plaintiff or its designated check-clearing banking center to receive trust
funds from the Defendant in accordance with the Trust Agreement constitutes an event of default
allowing Plaintiff to enter judgment against Defendants.
16. Pursuant to the Trust Agreement, the Plaintiff suffered damages by the Defendants
conduct as follows:
Principal: $ 44,557.09
Interest ($16.04 per day): $ 4,171.15
Lost Fee Income: $ 17,136.00
Attorney Fees: $ 14,623.61
Total: $ 80,487.85
17. The Defendants' most recent 10-week sales average equaled 288 money orders
causing Plaintiff Lost Fee Income of $17,136.00 as a result of Defendants' default.
18. Plaintiff demands judgment in the aforementioned amount as authorized by the
Warrant of Attorney contained in the Trust Agreement attached hereto as Exhibit A.
19. The Warrant of Attorney contained in the Trust Agreement is less than twenty (20)
years old.
WHEREFORE, Plaintiff demands judgment in the amount of $80,487.85, as authorized by
the Warrant appearing in the attached Trust Agreement, together interest from the date of
judgment and costs.
COUNT H - BREACH OF CONTRACT
(MEMO V. A PLUS, B. CARDONICK. M. CARDONICK. KIM)
20. The averments set forth in paragraphs 1 through 19 are incorporated by reference as if
set forth in full herein.
21. Defendants B Cardonick, M. Cardonick, and Kim signed the above referenced Trust
Agreement, and the documents appended thereto, on behalf of The A PLUS.
22. Defendants B Cardonick, M. Cardonick, and Kim also signed the above-reference
Personal Indemnity and Guaranty Agreement, pursuant to which he made himself personally
liable for any default by The A PLUS under the Trust Agreement.
23. The failure of Defendants B Cardonick, M. Cardonick, and Kim to remit the trust
funds is a violation of the terms and provisions of the Trust Agreement, and in addition, is a
breach of the fiduciary relationship created by the Trust Agreement.
WHEREFORE, Plaintiff demands judgment in the amount of $80,487.85, as authorized by
the Warrant appearing in the attached Trust Agreement, together interest from the date of
judgment and costs.
COUNT III - BREACH OF FIDUCUARY DUTY
(MEMO V. A PLUS. B. CARDONICK. M. CARDONICK, KM
24. The averments set forth in paragraphs 1 through 23 are incorporated by reference as if
set forth in full herein.
25. The Trust Agreement created fiduciary obligations owed by the Defendants to the
Plaintiff.
26. In breach of their fiduciary obligations, Defendants B Cardonick, M. Cardonick, and
Kim:
a. Failed to hold the trust finds in trust, as property of Plaintiff,
b. Deprived Plaintiff of the use and benefits of its money;
c. Failed to make the required payments or dispositions of trust funds to Plaintiff;
d. Commingled the trust funds with those of their own; and
e. Appropriated the trust funds for their own use and benefit, or elsewhere.
27. Defendants performed all of the above actins intentionally, willfully, maliciously, and
with wanton disregard for the rights of Plaintiff.
28. Defendant's actions, as enumerated above, constitute a breach of fiduciary duty to
Plaintiff under the laws of the Commonwealth of Pennsylvania and the terms of the Trust
Agreement.
WHEREFORE, Plaintiff demands judgment in the amount of $80,487.85, as authorized by
the Warrant appearing in the attached Trust Agreement, together interest from the date of
judgment and costs.
COUNT IV - CONVERSION
(MEMO V. A PLUS, B. CARDONICK, M. CARDONICK. IU MI
29. The averments set forth in paragraphs 1 through 28 are incorporated by reference as if
set forth in full herein.
30. Plaintiff avers, on information and belief, that Defendants B Cardonick, M.
Cardonick, and Kim converted the trust funds owed Plaintiff to his own personal uses.
31. Defendants B Cardonick, M. Cardonick, and Kim's personal use of the trust funds
and thus his intentional deprivation of the use and benefit of the trust funds properly due and
owing Plaintiff, constitutes conversion under the laws of the Commonwealth of Pennsylvania.
WHEREFORE, Plaintiff demands judgment in the amount of $80,487.85, as authorized by
the Warrant appearing in the attached Trust Agreement, together with interest from the date of
judgment and costs.
COUNT V - UNJUST ENRICHMENT
(MEMO v. A PLUS, B. CARDONICK. M. CARDONICK, KIM)
32. The averments set forth in paragraphs 1 through 31 are incorporated by reference as if
set forth in full herein.
33. Plaintiff avers, upon information and belief, that Defendant wrongfully retained the
trust funds.
34. Plaintiff conferred the benefit of the use of the money orders and other property upon
the Defendant and said Defendant appreciated, accepted and retained such benefits.
35. The Defendant's retention of the benefits conferred by Plaintiff without paying the
value of such benefits would be inequitable and unjust.
36. As a result of Defendant's retention of the trust funds and/or Plaintiff's other
property, Defendant has damaged Plaintiff while unjustly enriching himself in the amount set
forth above together with the value of the property retained, and the benefits conferred upon
Defendant as a result of the use of the money orders and property, plus interest and costs.
WHEREFORE, Plaintiff demands judgment in the amount of $80,487.85, as authorized by
the Warrant appearing in the attached Trust Agreement, together with interest from the date of
judgment and costs.
COUNT VI - CLAIM FOR POSSESSION OF PROPERTY AND TRUST FUNDS
(MEMO V. A PLUS, B. CARDONICK. M. CARDONIM ISM)
37. The averments set forth in paragraphs 1 through 36 are incorporated by reference as if
set forth in full herein.
38. The Trust Agreement clearly states that all money orders and trust funds are
Plaintiff's property.
39. The terms of the Trust Agreement require the Defendant to segregate and hold apart,
all trust funds and/or proceeds from the sale of money orders.
40. The terms of the Trust Agreement clearly state that all non-trust funds and/or property
commingled with trust funds and/or proceeds are impressed with a trust for the Plaintiff's
benefit.
41. By operation of law, Plaintiff is the owner and Defendant is the trustee for all assets
so commingled.
42. Despite Plaintiff's demand for return of the trust funds and other property, Defendant
refused to remit the trust funds and other property impressed with a trust by operation of law to
Plaintiff in violation of the Trust Agreement.
WHEREFORE, Plaintiff demands judgment in the amount of $80,487.85, as authorized by
the Warrant appearing in the attached Trust Agreement, together interest from the date of
judgment and costs.
Kevin M. Lutkins, Esq.
Attorney for Plaintiff
Attorney ID: 76859
EXHIBIT A
-E-'iJU
i.. U.
MERCHANTS EXPRESS MONEY ORDER COMPANY, INC.
AND SUBSIDIARIES
1029 Mumma Rd, P.O. Box 8863 Camp Hill, PA 17001- 8863
(800) 922 - 8079 Pax (717) 214 - 5989
www.memoco.com
MONEY ORDERS Thutee Agreement for.
Corporation Name:
ft
tiA(
C
Store Name:T # of Locations:
Address: (Pe AID State: A,5 Zip Code: AL3'
Telephone Number: a r . " ? 11 - C4 7 _ Fax Number _ 2d-, 331 E-Mail Address:
Website Address:
Legal Entity: II Corporation C Q Partnership F1 Sole Proprietorship
'Products: Moncy Orders ?, Gift Certificates ?, Pre-Paid 0 Bill Payment
Insttttcdons:
If you are an officer or the owner of 10% or more of the busincss you will nced to sign at one of the red
numbered signature areas on the Trust Agreancnt and the Electronic Funds Transfer. If married, your
spouse will. aced to sign at the corresponding blue numbf red spouse signature areas, if not matried please
notate by affixitig N/A in the corresponding blue- nurzber d spo;atir sigruatutc areas.
Please attach a voided check for the account MEMO or its designated representative wiU be drafting.
Please provide copies of photo ID's of all individuals who sign these documents.
If you have any questions please feel free to contact your sales representative or the Sales and
Marketing Department at (800) 922 - 8079.
FOR1N'TERML M ONLY
ME HMTSMORESSMONEYOFMMCOWANtINC
MEW MONEY ORDER COWAM,1KG
MERCHANTS EJIIWSHS3 tic.
M WOMON" QSOER #kVOF NEW TOM MC
BY
Money Orders Lead #
Ph---Paid Lead #
Bill Payment Lead. #
Trustee #
SalesR?,ta?ivc ? ? ?J ? ?
MERCHANTS EXPRESS MONEY ORDER COMPANY, INC., MEMO MONEY ORDER COMPANY, INC., MERCHANTS
EXPRESS USA, INC., MEMO MONEY ORDER COMPANY OF NEW YORK, INC., MONEY ORDER TRUST AGREEMENT
THIS TRUST AGREEMENT is made between MERCHANTS EXPRESS MONEY ORDER COMPANY, INC., MEMO MONEY ORDER COMPANY,
INC., MERCHANTS EXPRESS USA, INC., Pennsylvania Corporations or MEMO MONEY ORDER COMPANY OF NEW YORK, INC., a New York
Corporation, or any subsidiary (Collectively "MEMO'S and the individual(s) and/or entities identified below, hereafter referred to as Trustee(s).
In consideration of the mutual promises contained in this Trust Agreement and intending to be legally bound hereby, the parties agree as follows:
Recitals.
A MEMO is engaged in the issuance and distribution of money orders and gift certificates (herein MEMO products) through electronic Terminals.
`Trustee dc6i= to sell MEMO products ud&iing an dect mnic Temenal pursuant to the teams of this Trust Agreement
1. Trustee MEMO appoints Trustee to act as an agent of MEMO at each of Trustee's retail establishment; approved for the sale of MEMO products and that the relationship between the
Parties shall not constitute a partnership, joint venture or agency (otter than as expressly described herein). Nether MEMO nor Trustee shall have the authority to make any statements,
representations or wmxrrunatts of any kind, or take any action, which shall be binding on the other, without the prior written consent of the other Party. Trustee accepts such appointment in
accordance with the temps and cm itions specified in this Trust Agtcermnt
2 Trust Relationship. Trustee shall receive and hold in taut fir MEMO all blank money orders ddiveaed to Trustee by MEMO and all money received by Trustee from the sale of money
orders, inchrding without limitation the money order firs established by MEMO from time to time C'mist fiords'). Trustee shall hold the taut fiords separate and apart from other funds of
Trustee The failure of Trustee to hold trust funds separate and apart fromh any other fiords of the Trutee shag at the option of MEMO, be a breach of this Agreement entitling MEMO to
immediate possession of any account or accounts into which hinds received for money order sales from oormuners have been deposited and suds other remedies, including termination of
this Agreement as are provided for herein
3. Materials Supplied by MEMO. For the sole purpose of selling MEMO products pursuant to this Trout Agreement, MEMO will supply Trustee with the following.
A. An adequate supply of serially numbered blank money orders and/or gift certificates.
B. An agency installation kit containing the supplies and training material required to implement and maintain a MEMO agency relationship.
C. Equipment of the quality necessary to allow Trustee to execute all types of transactions governed by the Taut Agreement The equipment MEMO will provide, includes, such
equipment that will imprint the money order and/or gift certificate dollar value and Trustee M number firmly into the money order or gift certificate so as to inhibit the alteration of
such items All equipment provided to Trustee shall at all times continue to be the sole property of MEMO and shall not be removed from the Tnutee's retail establishment where it
was originally installed by MEMO, unless approved by MEMO in writing, Any other equipment not owned by MEMO and used by Trustee to sell MEMO products must be
approved by MEMO.
D. Regulatory postings, signs, posters, window dells and other ptomnotional materials, all ofwhich Trustee agrees to display at all times, in a conspicuous location on the premises.
4. Right to an Accounting. Notwithstanding any other provision of this Taut Agreement MEMO shall have the might at all reasonable times, with or without notice, to access Trustee's
premises and to inspect and perform an accounting of; or cause its employees or agents to inspect and perform an accounting of the cash receipts, fees, the accounting (store) copies of money
orders and gift certificates sold if applicable, daily sake reports, the Trustee's Inver" of unissued money orders and/or gift certificates.. A charge will be assessed against Trustee to recover
expenses incurred by MEMO when an audit is conducted due to Trustee's breach of this Taut Agreement or if to audit discloses a breach
5. Rules and Regt orbs. Tnubee shall comply with the following rules and wgulatiorhs
A. Trustee shall not sell or issue a MEMO product until Tnueee has collected a cash payment in an amount equal to the face amount of the sale or issuance of the MEMO product plus
any additional amount determined by the retail fee except as otherwise set forth herein Trustee will only accept cash as payment for all MEMO products No check or other paper
trarsrritted or deposited by Trustee to or for MEMO shall constitute a remittance to MEMO until actually collected. MEMO has the option in each case to deposit any such paper for
collection.
B. Trustee shall safeguud all unissued inventories of all products and MEMO provided equipment with the highest degree of care The care exercised in regard to MEMO products shall
be at least as that applicable to cash. Trustee shall report to MEMO the serisl number of each money order AcAm or missing and all other infomatim relating to the event
immediately upon discovery of the fi ct but in any event not later tan twenty-four (24) hours prior to the money orders being presented for payment to MEMO so that payment can
be stopped m such missing or stolen money orders. Such report shall be by telephone and immediately confirmed in writing, Trustee shall be solely responsible for all losses arising
from, and shall indemnify and hold MEMO gaankes regarding any and all stolen or missing items as wellas any MEMO equipment issued to Trustee. Fuuthenrore, Trustee shall be
responsible Cor repair or replacement of any MEMO issued aqugxnhent stolen or damaged as a result of misuse, rhe?ligence, abuse, fire or otherwise Said responsibility and liability of
Trustee shall not be limited by Trustee's compliuhce with the safeguarding rare, and reporting obligations set forth in this paragraph
G Trustee shall at all times maintain a sound financial position and provide current financial information to MEMO as requested by MEMO. Trustee shall conduct operations so that the
funds generated from the sale or issuance of money orders and/or gift certificates, will not be in jeopardy nor seem in the opinion of a reasonable person to be in jeopardy. Trustee shall
cease the issuance and sale of money orders aced/or, gift certificates and notify MEMO im medimr4, should such jeopardy arise. Notification to MEMO shall be made promptly by
telephone and immediately confirmed in writing, "Sound Financial Condition" shall mean that there has been no material adverse change in the business, operations, condition
(financial or otherwise) or prospects of the Trustee and that neither Trustee or any Guarantor has become insolvent gennerally unable to pay its debts as they become due, involuntarily
suspended transaction of is lousiness, made a general assignment for the benefit of creditors, instituted a proceeding described in Paragraph 7B or consented to any such order for relief
any appointmetrt or to die taking of possession by any such official of all or any substantial par of its property, declaration, funding or relief described therein, whether or not any such
proceeding is instituted, or has taken any action in furtherance of any of the foregoing. A lack of sound financial condition shall also include when Trustee fails to pay, on the date which
the same is due, any sum payable hereunder or fails to pay its creditors geahemilly or makes representations to MEMO or to other creditors that it rnaut delay any such payment under
conditions which, in the sole discretion of MEMO, it appears that Trustee is no longer in a sand financial condition
D. Trustee shall provide MEMO by facsimile transmittal or registered mail 30 days advance notice of proposed change(s) in the ownership of either Trustee's business,
the management of Trustee's business, the sale of fifty-one percent (51%) or more of Trustee's assets, or the entry into or termination of business affiliated with
Trustee. Transactions included within this paragraph 4(D) include transfer of stock of Trustees, sale of partnership, interests, Limited Liability Company or
partnership's interest or any similar transaction which effects a change in ownership or control of Trustee. No such transaction shall be approved until any successor
entity, if any, has entered into appropriate documentation, including a trust agreement with MEMO. No transaction, discussed in this subparagraph, shall be effective
without the prior written approval of MEMO. Any attempt by Trustee to effect such it transaction without MEMO approval shall be void ab initio as to MEMO. If
'T'rustee fails to give such notification, Trustee, as well as its successor, shall remain liable for the payment of all suns and the performance of all duties required by the
Trust Agreement Any change of ownership or other assignment within the meaning of this paragraph shall bind Trustee's successor or assignee to the terms and
conditions of this Trust Agreement
G During the tern of this Trust Agreement including any renewals hereof, Trustee shall sell only MEMO products at all of Truustee's retail establishments including those newly opened or
acquired. Trustee must provide MEMO with at least 30 days notice of its intent to dose is business operations or current retail location and to reopen at another location. Trustee shall
not utilize MEMO equipment for any other purpose than selling MEMO products
F. Trustee shall sell MEMO products only at Trustee's specifically approved places of business or future place of business as approved by MEMO. Trustee shall not appoint and/or offer
the services at or to any entity not a party to this Trust Agreement
G. Trustee mast stand ready to complete all transactions contemplated by this Test Agreement at all times when the Trustee's business is open Failure to do so shall constitute a breach of
this Trust Agreement No funds received by Trustee shall be subject to attachment levy of execution, or sequestration by order of any court, except for the benefit of MEMO.
I-I. Trustee is prohibited fiorn unauthorized use of MEMO's name, logo, trademark and/or service matt without MEMO's prior written consent
1. No MEMO products shall be issued or sold to anyone in payment of any obligation of Trustee, owner or guarantor or used in any manner for Trustee, owner or guarantor's own
purposes, except as allowed by MEMO.
J. Trustee shall sell money orders in strict numerical sequence in accordance with the member printed on each blank Honey order. The face amount of any money order sold by Trustee
shall not exceed the shun of $ MEMO may deliver blank money orders to Tnutee, or to any agent employee or representative of Trustee, by whatever means
MEMO deems appropriate, and MEMO a authorized to receive and issue a receipt for blank money orders on behalf of Trustee All voided money orders must be voided through the
dec=o money order disperser during the sale date only to avoid charges to Trustee's account If it voided money order is rot voided in the money order dispenser, Trustee shall
write; "NOT USED FOR PURPOSE INTENDED" on the backside of the o ngnal money order and deposit the money order into Trustee's bank amount if Trustee should
write'Sroid" on the face of the original money order, Trustee shall forward the original voided money order to the MEMO office and MEMO will issue a refund to Trustee in the form
of a replacement money order. Trustee shall ensure that the electronic money order dispenser is available for MEMO to electronically ranstnit polling data on a daily basis. If the
of it rsphoearnc money War. Tntame dA ettanse dat the cbcwostic money order dispar= is avadablo toe MI AD to deewomcals ft nnic pc&V din on i dally basis If the
dectrook MMX7 order ditpeatu does nor poll a ndp, Thatto introt p=M& 1?? O wide the rriorw order salsa date ruoeasally at rncpnecred Textee to ire s dw the dedmc
awney order uka dispense is moips wined on and ahvttfs propedy connomd eo a Cleytr ndephona litre duringekctsonic poWn om stri man bract:
Money On k r Fees. Tncaasideffii the products provided ro Trader bybW-MQ, Tstsewe dal pay MEMO. fee as ptresgnsiph. Ifexaey Oidmr fea clad be based iipm
dre ,vedds valarne of J' 0 Money Oalea sold by T mTmwe's Money order fee shat bC E? per ?m at rs moirarra rrfml selling price of
bciudnda fa of f the !L%aP a per veer/month duff Vply plus appGcabic twAL Fat Tt>a? paying a wtc* awney 6cder
a?1q>dr moa.y d , s nwwy order d4inow
dispenser floe, the mauhly money ogle[ dapawer Ernes shall be ca the rnest k*tdtertirdACIdadt odewasnsredby:?MO. ForTnwta sp=. %%rnoruhuxxreyorda
tngetladf scheduled AC7i daft fo0awing the bn calendar dg of a paaiatl if auandt. The semi mncn
a g
ndd a c bmanci afptTd by
an a cpcnbirration o order Eeoa vA va deb¢ttuans mml nob ? atrowwe folovangd1a darn irrorttbly, reported ed
a c9axisr mondi, and 02 be dmfmd one week dtaatf¢r u pun of Trt+aeees re&$sr AQd daft Money Order fees rmq be nnodf cil lrp u sry dace t>?r ditty CA days wtimm:wticc to
Ti si=ocWhatMEMO'SrsrtwtxksA]a?ralysisindtesuatperiwrrrwrr?lyvoluzacnatarnsi?sntaidri+f MO'afeetapesebcdAm
Tina Fmadt Ramie uw by EWcb*-& Ptmds Tunsftg?
Any Taxme ual" dem orm!money order ?cpetaing egttiprnenr wa be focw,,u,,ded a army order Seiler Stxruraey Repot MEMO/ am?Lay, at any won upon dwty (30) days wam rxzce to
Tnuom doer or dwo the TmaW& Reptrcmg Daf n%rtbef of Rrpowng f ,)ek the ACH /Tike day mid/or dt mua*w cif ACM/Wm daps, prior to dzc dose of d,e sales aepornng day,
The er+eoegadrrSalesSturarrargRepextw?re8txtrrYa,e9ordessaleefocdteapplicablez?o?eaBPa
SA'LESPER1OD-
BRGn0M4G DA'Y'
A/, t--py .
nT v s&
ENDING DAY
ry N
RBPOdiMO DAY
??/ WIRE
Tnwee w2 be provided al pwmex=p=M infotnnhm m the money order Sales Susintrary R p=
A t iiSrorad above, t1lE' iP coati irrieum an elecaonic adrtsfec of fiords due MEMO,
irnchAng de face valise of noottey orders said, pLu app' aje feet dos MEMO, fresa Tweme's bank a ramt: m MEMKYa barb aooaunc. If Tsuaee r• rsae" of. cemitmoce u vn wnz,
Tmam ,.a inrmere a wire tarn sFer of Tpliabk nta,ey atddr tgiles Proceed$ pllt tQp6cybie ttwnep order far frau TaADWS attorney order T» air At ovum to tiro d%**ted MEMO bank
deposit accomt prier to 2OO pit[ on the dcuh aced ratii(anoe clay. AM fimda due 1 ffi=l tt,rstbe included vvitlt the ttaims,aevdhetadueere xleati6od as abava All txmnndiag sWurr xtr
6daneeY doe at this tide nwa be iu3rded aids surf tale, itekrd'ng d&f rs due hOW). If Three dwWs bask, and/or bank w-mte u identified in the Titmt-'s EFT sgKtttrnt,
Tsustar sing irntr>nSaDrYyinfoan MEMO of sueh,dirtge by Udeplaorre and proanptiy ooaF+na in writing Thit twrertg¢alau ela9 moths irtroltnd voles aD farads e3ne MEMO are pdd in full
If Tmsarx dd eeg a+yrnwq oaten dung t# i sakm QQd fhe r srnmc st?,ntstapttyesrenk fns attstendiug 6almces u nrkilred by ME•MQ
on _ na?.? _ and f¦ of a& Week
INt3M0 w;a atiaalsx ay ceder sales total Eros duly data obtained from Trtts<ee
via edecuotncpotling umisiri&z of t a nmey order dispw= WMMO -Warr the'Moncy Order Sales Suertmasy Rapoa tpo Traces u statmd kwon T-met shaD. m-w-le the Must'
Order Sates Su miry Repms wide as records dad k&an MEMO of my d'ifferarim Tr4w resat mitin the atmsumng (sears) oWA if apple&* at its 1omm for a period of duet
months foam the aposang period Trustee Ad f ora nod the accar rag (sore) copies, if g4Akabta, to the ?tMEbMO adios upon request U titc as oun ng (stow) copla are not, ceq=r d
&=v rhea dace martin remotion patio$ Tawea shag dsaud doe smotantiq (toots) capies at a otvn ditesetim
R Tam a(Adreeme t. The tame of aril Treat Agreenent "za t foe a period off ee (S) you fmmn the dm of obi Trust Agwerrtenr and dul renew agtoerAficaly for atocasira five (5) yem
peaeda After dae i>mai Sroe (5) yew thm ni this Tvvw.Agm em Tmmhw any mnrrsrrsu this Trust.A4p&xwni: w ea (6 wands poor wAten notice to MEMO, and AMMO nuy
mature a shit Trust Ag pontes Von. any (6q days ptiorveam notice w Taxmen In the everc Three does naptavide paper mannown notice, Twstw sitd be rnpormble for tear far
incune to NamfO Cur alts &XI1 on a ate oenteaa in e$ea Nee ratans stir' less caslculstod using Tatssee?s realest reacvtt 14wedr tales itvriap? fa aIl p Nowirb Lunt 'mg the
fhagourg MEMO rnty mrnanste this Two Agr=nent at slit' beta, or wrylocati0tt onvord by due TstteYA?nce,; w,d toidtattt nodey and/or jadgntertt ataoiding to the
presoistoits of lasrsgapb ii heeo? ttport lira lnsppeting of ury cif r}tc fi9Sotvitg e:vrl,eF
A U EW and/or a dwambed ba-Ab% ea= or its. dowgwW repcCsatttivie does not receive the wcmmt M dootmetttadott orpopth u of taut hinds and apps aHe fees, wi$an the
Care pmod ad m dic mars Vodfiedia td4 Taut A&vmut t
B. Tiueyee or dry Gumttor owirdioe any act: of insdmaey, or upon the firing by Trustee or sny Gunwitar of my peti m under any ban)wM, xorguniTatioq ir=lvarq, of
motmoiiorn sew, or any Ito foe the sad of, or sdaft m dt xcm cc the Bbg of say rwahxnotty pabk n Tnummder arty bankngmT mbm, or des: g4xi ntnacnr of a,ocdvcr
- Tames m tales pomeaaer, of theprepatty or assets of TsvsmG err the a ijectian of the Trtsooc d psnpe dy or inn m any levy, scimm x *went or ask for or by any aoeditoc at
wretrxinariw wuq.
C TheaarrptrfoazawabyTnssb ddnyobilgetiw=oft'nurcepuraunrtr,d,i* rzLwA tt
D. Taumami&[epiCtatOttiattofary'Mfi.'AMOpindictofretries
Thetispperringofartyforegdngevensibd beaddirarundexthisTnmAgcowi=w4va+d anow9fromMSMO,aotabbsesdefst,lrt=ndarartymodsRad=agoeanettsMEMOraaq
tie with Tnater; Tawce'; guatttr, w r, and my entry conttol6d by Tsutme of TAmw a &m nt= in dtc evrnir WIVO oo?rir»wt this Titter Agreerncu due to a defak Tmstee that be
rr>ponable for toss: foe income m MEM0 for the duraoan of tie contact in effect' in accoahm web e]s mum of"psgdppk
9. Teurs-suan. Upon the aquation, canon. mnoelliftan or breach of dots Tma Agmerne s; Th3oze wn'L soxii, my and al, MEMO **ipysesntand ray and ail numoak or doctxnerts,
tan,sedpnxkrcts povded m Trutt by MFUOpasumr to this TntstAgceenwt attsnedissety upon Tvmwee =cqx of avnimaa banwdnatiex ley MFMO. MEMO may dwrgr Tntamt
for the cost of arty and alit un=ed.ut would ar damaged ocit*mcn; ptodau bdudbg cast of vvou,tirsaots. Inks i* d cmtien and nocvctkettutdirtg zryodtapwvWm of Ste Tenet
Agtennen to the oonoaty, MEM0 redly irrsrteSraely oem* iee this iorsxirst a any locatiori covered by dis Taut Agye&n&6ft the event MEMO detuavnat that omViisnoewith dtis True
Aga:ut,anrwautdatuseMEMO aatryenfi: altilestrs rn?iobe Kpntentisdyvidasesryloesl, stsme artiedaailawrxie}p$mtiai a way Cdtattorrler orif ititppe?usm MEMO t0 be in ? artFte
Tnxwet best inmost and Tpxae agree; to stop yelling MEMOptorttacu iorar?y sftaremroingstoti6ce0on of motimatiaea Upon d,e opsmh n, twtraaner4 a lento oe taeach elf
trio Trust Agpeeman; Thum iunediudy skul ddnenreo Ad>r't#O as racpawd eel mesh reogft from LMMO proe nos, sold oe issued hx; imedtndagsaV and aIl odnar attst v&Vb*bn=
due MEMO, aecaretnng (suer) topic; of meatey orders ratted iFappKcaHy duly ales itporu far d 1 proritc& ]ir t3te cant tlaeTnotae falls m seam astir rams irmrnoe3iatdy
Tritetee hereby autttomaea MEMO arn repiamusives orsppoinad doWnees to sppant%kTmstoe's placeofbutiaw mrdpaceAly obeik autoetjjaf sl arch twnj)cq h=dherein.
alcectatively the casts of tmy mgx=amn by i M40 shelbe berme to u w* by the Trtu m M obligations, obigecons foe lmntscdom cover ants, 5abtlt a andivideari6ea of mstee
bo atndcr shall awme the a p eirim or warns ad«t of dot Tats Amine v, Any win m wri aortae, elver atalFy rein providcdby MEMO for any reason otbes than tits n
of rlns Tester ?lgaeataanr td+sl be efl'eexive as of the happening of wry rum event ea,>ek+g mmnvutiott undarpaagrtph 7 hereof a upon the an4q of e>nfrxsed judg<rmS vvlridtevrf fiat
awls. NZ IEU0 make ate my acarm legg4ypeertirmd topiemit themnsu honsed sale ariaraice of MLMU pnodixm i xleittgbut mo foam ro "erknvn" aod/a ttaweai of
Ml?fO alugaraiu std the exertnasl ofumwseel MEb?IO products and agipemrt
1Q t7 3IOKOp , TAU IEErF113>itEMnatEVOCABLYAIRFl REMANAMX04DWfMANYATrCLVMYOR-it'MRPROTHCC40TARYOR
C11M OPANY COURT OF RRCOR D, UPON ORAT IMTHE OCCURRRNCE OP ANY RVEN D IN PABAGRAM 7, TO APPF,AU PORAND
TOCONFMORFNlER)I.iD MERTAfr DWTilUMMFORTHEPACEAMOUNTOFAILb=kfDPRODUC= SOWP[]RSUANTTOTiMTRUST
AG TT, THE AP'iC LWIMsr w P+ER%ACCRUED Dl MkEgr TROUION, TN)<=LWr H1MDM NOT To TrSM?$D EMWEEN PERCili r (Jr/#),AND
FORANYOTHBRSLIMSDUEMEMOT]NDP.I!'IMTRUSTAGR2BRNT,TOGE1RER W17 YVIVSFSANDCOST OFSMANDRUASONAMX
ATTORNEY'SFEBSANDSAIDf%=NOTTC)MVCESDT'Ii1TYPEMZM(30'/a)OPri WAIiMOUNT'ANDSUMS,Y+OKCaURCrION SIPRC VMM
I0tHNINCLUUNGALLLWALF1?S3NCraRW1NANYBANXWU1?TCYOPTRUS1W FOR WJM 1pUR OSff,TMTRUSxAGltfiWRMORA
COP'YFII t"VERUMM13YAFFM&VTTNYTAQSTBBORONBlil U"OFTMUSIIMWr MATTORNEY, ORaMRYSHALLDR
SEIMCitcNI'WARRANT. TMERENZOMOg UBKOASYROVMMHEREMANDTHEvARRAT-MOATAtIlVrCDnEw= 1s>MuLBEzNFORCSA1N
ACCORDANCEWrMTY;ETERMSO>FTH157WJSTA( ANDIWAYIitEPEMSULDSNMY.SEXE2G&NMY,ORTOGlirYYWERATTMSOLE
DIS( XnCir4OlybMMOANDASOPTXVASOCCASHWIMZWORXtSHALLOOCVB. THEPAMUSINTO RANYSEXURIGHT OiRREMMY
SHMU INNO EVENT BEC ON MWEDASA WAMM ORRELBASETIMEOP. TNRAUMORrrVANDIP0VM TO APPUR FMAND CONFESSOR
EN MFMGMEN'TAGUNSTTALXMMSHALLNOTMElt"U rEDBYTMINMAT.MMRCERTIOR".ANDTFTESAlL8I1MAYBE
OMRaSBD,xRR011 Tf11R TO TIIIMB,AS OPTSNAS MFMOSHAiMDEEW NFCOURYANDD B,ANDTkUS TI AGRHRAM OR,& COPY
HEREOF SHAT.L BEA SUFFICIENT WARRANT TFMREeOM ONE ORMOBE JuDt>37TS MA'Y ER CONFES" D (M WIWI= IN Tk= SAME OR
DIFFERENT COUN MS FORALL ORPART OF THE SUMS DESCMXW TN TFIIS PARAGRAPK 3N TIIM EYW41! NYFA)GM NT ENMMZD
ACARiST MEMIIAN'T ICEREUNDER IS STRTCiI N OR OYINM UPONAPPUCATICN SYOIIL CN TRUSI'rMS BEHALF FOR ANY RBASCC4
_..
HEREOF SHALL BEA SUFFICIENT WARRANT THEREFORE ONE OR MORE JUDGMENTS MAY BE CONFESSED OR ENTERED IN THE SAME OR
DIFFERENT COUNTIES FOR ALL OR PART OF THE SUMS DESCRIBED IN THIS PARAGRAPH. INTHE EVENT ANY JUDGMENT ENTERED
AGAINST MERCHANT HEREUNDER LS STRICKEN OR OPENED UPON APPLICATION BY OR ON TRUSTEE'S BEHALF FORANY REASON
WHATSOEVER, THEN ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD his HEREBY AUTHORIZED AND
EMPOWERED TO AGAINAPPEAR FORAND CONFESS OR ENTER JUDGMENT AGAINSTTRUSTEE, SUBJECT, HOWEVER, TO THE LIMITATION
THAT SUCH SUBSEQUENT ENTRY OR CONFESSION OF JUDGMENT MAY ONLY BE DONE TO CURE ANY ERRORS IN PRIOR PROCEEDINGS, AND
ONLYTO THE E TTEM THAT SUCH ERRORS ARE SUBJECT TO CURE INTHE LATE PROCEEDINGS. TRUSTEEACKNOWLEDGES THAT BY
AUTHORIZING MEMO TO CONFESS JUDGMENT HEREUNDER,TRUSTEE WAIVES THE RIGHT TO NOTICE INA PRIOR JUDICIAL PROCEEDING
TO DETERMINE IT RIGHTS AND LIABILITIES. TRUSTEE FURTHERACKNOWLEDCFS THAT MEMO MAY OBTAIN A JUDGMENT AGAINST
TRUSTEE WITHOUT ITS PRIOR KNOWLEDGE OR CONSENT AND WITHOUT TRUSTEE'S OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF,
COUNTERCLAIM OR OTHER CLAIM TRUSTEE MAY HAVE TRUSTEE EXPRESSLY WAIVES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART
OF THE CONSIDERATION FOR MEMO'S TRUST AGREEMENT TO MARE MEMO PRODUCTS AVAILABLE TO THE TRUSTEE.
11. Liability. Trustee, regardless of Trustees freedom from negligence or other famlt shall be absolutely liable
A. To make remittance to MEMO of the face amount for all MEMO products sold, the applicable fees, and all other monies due MEMO under this Trust Agreement, regardless of the
mysterious or non-myst ricers disappeareuue or loss of any funds from Trustee's possession by reason of the honest or dishonest act of any person, act of God, or otherwise.
B. To rent to MEMO the total amount of all sums of money that may be expended by or for MEMO in paying any MEMO products delivered by MEMO to Trustee that am
subsequently presented for payment whether or not MEMO is legally l able to pay the same. This subparagraph shall not apply to any MEMO products as to which Trustee shall have
fully perf rmed Trustee's duties under d-a fnw Agreement
C. MEMO Liability. Except as provided in this Trost Agreement' MEMO makes no warranties whether express, implied or statutory in connection with this Trust Agreement MEMO
expressly disclaims all warranties of merchantability and fitness for a particular purpose. MEMO shall not be responsible or liable for any lost profits, consequential, special or punitive,
exemplary or incidental damages resulting from the failure of the Product(s). The sole and exclusive liability of MEMO to Trustee and remedy of Trustee hereunder (including
negligence) shall be general monetary damages riot to exceed the amount of the item that a the subject of the claim or dispute, rem of the characterization of such action.
12 INDEMNITY AND PERSONAL GUARANTY. TO INDUCE MEMO TO ENTER INTO THIS TRUST AGREEMENT, TRUSTEE AND THE
UNDERSIGNED INDIVIDUAL(S) SHALL JOINTLY AND SEVERALLY, INDEMNIFY, DEFEND AND HOLD HARMLESS MEMO FROM AND
AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, ACTIONS, SUITS, PROCEEDINGS, JUDGMENTS, ASSESSMENTS, FINES,
PENALTIES, COSTS, INTEREST, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, SETTLEMENT COST AND REASONABLE LEGAL
AND ACCOUNTING FEES) SUSTAINED BY MEMO RESULTING FROM OR ARISING OUT OF ANY ACT OR OMISSION TO ACT, WHETHER
HONEST, DISHONEST, NEGLIGENT OR OTHERWISE BY TRUSTEE OR TRUSTEE'S EMPLOYEES, AGENTS, ASSOCIATES OR
REPRESENTATIVES (WHETHER WITHIN OR WITHOUT THEIR SCOPE OF PERFORMANCE UNDER THIS TRUST AGREEMENT). THE
PARTIES TO THE TRUST AGREEMENT SHALL BE RELEASED FROM LIABILITY HEREUNDER FOR FAILURE TO PERFORM ANY OF THE
OBLIGATIONS HEREIN WHERE SUCH FAILURE TO PERFORM OCCURS BY REASON OF ANY ACT OF GOD, NATIONAL EMERGENCY,
MECHANICAL OR ELECTRICAL BREAKDOWN, CIVIL COMMOTION OR THE ORDER, REQUISITION, REQUEST OR RECOMMENDATION
OF ANY GOVERNMENTAL PROCLAMATION, REGULATION OR ANY OTHER CAUSE BEYOND EITHER PARTY'S REASONABLE CONTROL
INCLUDING WEATHER. THE UNDERSIGNED INDIVIDUAL DOES PERSONALLY GUARANTEE AND BECOME SURETY FOR TRUSTEE'S
FULL PERFORMANCE OF THE TRUST AGREEMENT, INCLUDING WITH LIMITATION THE PROMPT AND PUNCTUAL PAYMENT OF ALL
AMOUNTS BECOMING DUE FROM TRUSTEE TO MEMO HEREUNDER.
THE TRUST AGREEMENT MAY BE MODIFIED BY MEMO WITHOUT NOTICE TO THE UNDERSIGNED AND WITHOUT AFFECTING THIS
PARAGRAPH. MEMO MAY ENFORCE THIS PARAGRAPH AGAINST THE UNDERSIGNED IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA, AS WELL AS IN ANY OTHER COURT AND STATE HAVING JURISDICTION, WHETHER OR NOT
ANY ACTION IS EVER TAKEN BY MEMO AGAINST TRUSTEE (AND/OR GUARANTOR).
THE UNDERSIGNED HEREBY WAIVE ALL NOTICES WHATSOEVER WITH RESPECT TO THIS GUARAN'T'Y EXCEPT FOR NOTICE OF
DEMAND FOR PAYMENT FROM THE UNDERSIGNED. THE UNDERSIGNED IEERRRY CONSENT TO THE TAKING OF, OR THE FAILURE
TO TARE, FROM TIME TO TIME WITHOUT NOTICE TO THE UNDERSIGNED, ANY ACTION OF ANY NATURE WHATSOEVER WITH
RESPECT TO THE TRUST AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY RENEWALS, EXTENSIONS, MODIFICATIONS,
POSTPONEMENTS, COMPROMISES, INDULGENCES, WAIVERS, SURRENDERS EXCHANGES, RELEASES, AND FAILURE TO PURSUE OR
PRESERVE RIGHTS AGAINST ANY PERSON, AND THE UNDERSIGNED SHALL REMAIN FULLY LIABLE HEREON NOTWITHSTANDING
ANY OF THE FOREGOING. EXCEPT AS PROVIDED HEREIN, THE UNDERSIGNED HEREBY WAIVE ALL DEFENSES WHATSOEVER TO
THE UNDERSIGNED'S LIABILITY HEREUNDER EXCEPT THE DEFENSES OF (1) PAYMENT, AND (2) LACK OF NOTICE AS REQUIRED IN
THE TRUST AGREEMENT.
UPON DEFAULT HEREUNDER, THE UNDERSIGNED HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY THE PROTHONOTARY OR
ANY CLERK OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND TO CONFESS
JUDGMENT AGAINST THE UNDERSIGNED FOR ALL AMOUNTS DUE HEREUNDER, PLUS ALL COSTS OF SUIT, LEGAL INTEREST TO
DATE, AND THIRTY PERCENT (30%) ADDED FOR ATTORNEY'S FEES, RELEASING ERRORS, WAIVING STAY OF EXECUTION, AND
AUTHORIZING THE IMMEDIATE ISSUE OF A WRIT OF EXECUTION, ALL IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF CIVIL
PROCEDURE FOR SUCH PURPOSE, THIS TRUST AGREEMENT OR A COPY HEREOF VERIFIED BY AFFIDAVIT BY THE UNDERSIGNED
OR ON BEHALF OF THE UNDERSIGNED BY SAID PROTHONOTARY, CLERK OR ATTORNEY, SHALL BE SUFFICIENT WARRANT.
THE AUTHORITY AND POWER TO APPEAR FOR AND TO CONFESS OR ENTER JUDGMENT AGAINST THE UNDERSIGNED SHALL NOT
BE EXHAUSTED BY THE INITIAL EXERCISE THEREOF; THE SAME MAY BE EXERCISED, FROM TIME TO TIME, AS OFTEN AS MEMO
SHALL DEEM NECESSARY AND DESIRABLE, AND THIS TRUST AGREEMENT SHALL BE A SUFFICIENT WARRANT THEREFORE. THE
UNDERSIGNED ACKNOWLEDGE THAT BY AUTHORIZING MEMO TO CONFESS JUDGMENT HEREUNDER, THE UNDERSIGNED HAVE
WAIVED THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE THEIR RIGHTS AND LIABILITIES.
THIS GUARANTY IS GIVEN IN CONNECTION WITH AND EVIDENCES THE OBLIGATION OF THE UNDERSIGNED TO MARE PAYMENT
IN CONNECTION WITH A COMMERCIAL TRANSACTION. THIS GUARANTY IS IRREVOCABLE AND SHALL BE BINDING AND OPERATIVE
UNTIL SUCH TIME AS MEMO SHALL HAVE BEEN PAID ALL SUMS OWED TO IT UNDER THE TRUST AGREEMENT AND THAT MAY ARISE
PURSUANT TO THIS GUARANTY.
13. Security. As further consideration of appointment by MEMO as its agent, and in order to protect MEMUs property from conversion, Trustee hereby grants to MEMO a continuing security
interest in, including but not limited to die following, Tnist ee's bank account inventory, accounts receivable, assigruirnt of lease, goodwill and fixtures at all Trustee locations. Trustee agrees
to execute all docurimits necessary to create or perfect such security interest, including, but not limited to, recorded Uniform Commercial Codo-Financial statement (UCCl(s)) filings.
Furthermore, MEMO reserves the right to require additional collateral as it deems necessary for ongoing approval and for the duration of the Trust Agr event In the event Trustee changes
ownership in Trstee's business in any transaction similar to those set forth in paragraph 4(D) hereof without prior notice and approval by MEMO as set forth therein Trustee hereby grants a
security interest in the proceeds of any such transaction until such time as an approved account is re-established.
14. Notices.- Notices required or permitted under this Trust Agreement shall be deemed to have been givers on personal delivery (including overnight courier service), and if by
mail on the third day after the mail is deposited in the U.S. Mail, by first class mail, postage prepaid return receipt requested and addressed to MEMO at 1029 Mumma Road,
P.O. Box 8863, Camp Hill, PA 17001-8863 or to Trustee at the address shown on the Application (or such subsequent address as has been provided to MEMO by Trustee).
15. Choice of Law. This Trust Agreement shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania, disregarding any rules relating to the choice or
conflict of laws The parties consent to venue and personal jurisdiction in Cumberland County, Pennsylvania, or, in the case of MEMO s exercise of rights under Paragraphs 9 and 11 hereof
in any other avert of record in 1'ernuylvania or elsewhere.
16. Compliance with law. Ti stee shall abide by (and cause its officers, principals and employees to abide by) all federal, state and local laws and regulations applicable to Trustee's business and
services provided They are to include but are not limited to. (a) State Licensing laws; (b) the Bank Secrecy Act and its regulations; (c) Federal cash reporting requirements and regulations;
(d) State Currency reporting mquirementx (e) Federal and/or State anti-money laundering laws and 211 nudes and regulations; (t) all applicable state money transfer or sale of check laws and
regulation; (gl all federal and state privacy laws and regulations; and (h) the USA Patriot Act.
3 Enfarea nenL In ft mmt of deFaa*Wlcl= tha leans of"Trutt Agteesneny Tnmtw Woo that MINO dA in stdd6m w all itmi&bave w4= the kw, havc 6e:4st of se6ng
spec* ped=nV oc in the troll of equgy. Ftxtbe anew Tv-m= 28-M to cmx= to the iui? of a coact of avq t vAiitsg the anrhzce t of dig Trog Aweernmr and/or the
cnfQww3wt of MEMO@ tioft in the evatt of arts drfasrltbyTn
9. Cast of Bakwee mt Truxts!e "psp on dm,&A to Mh MQ aD coat and o pmsm ir>a oeasatal in --left feet io-r-A by NEW) in eorarw&n. widr dse enfownrmc of this
D. Cmwbwcd m A l fthm+oe in tbfa Trust Agoerrrtt in the str"altr ahalbe cassiWwd to itsdtde the pkual wlnte applicable and the raV& Tno AA iafckada a olha garden All covamac,
T
wevenenis and Ob4xC4 - in dtie'rrrnr Agu=netu aw:tned by Tholes the be, 2nd shall be deemed to be, joint and 2691'f2l owavnts. Ffes3rtgt of the p2ralgtaplu of this Ticust Apfeeaxxtt
are fac convariewe only and do not knk csp&A or od,eearite cOatwx thcpmvi wn3 or eonoenn of dig Trost Ag?earnG1t Yany put of th s TzwtAgkleL vn( is held rn be ttrwnimcceA& a
Ini W or pukAiwd by lacy, saidpus chd be doeccrd to hm b= a ncken Eton dr Tnut Agmunt 2nd the Toxt ASmwr&g"be nod xd mceTeewd as t)ougls the seidm pa=t did
notmstcmd sball not 2ffaGL the ' or enforeexb'14 of 2q odwrput of theTcsc Agreemctt
I. AssWamaats and Dekgatloat. tv1EN10 may rs&V-L this TAnt Apeornent at say time without seeking any tppmvat or content of Tcnaoee. Trustee rn2y not assigp this
Trutt Agreement vtdmt prior vwtm stpprav2l of lE3MO. This Trust Agreement shuU be binding on the ospectcve parties n weU at 4ma heirs, successors and not res.
2 Fasrae TwK Agremem 'II"'rhmit Ag=mcra% ongodrt m9 2nd sIl 2ALachornsa, sulda?dss,v+, d scwrity doaarfa?cs 2nd wdc:uba and n rtiotr at ttuS bC peoasnl®tted by
1OMO fat ter ier un ct Of 2nd ask ofhIPA0 pwdexu &= time to *M oW cons= 033 ak6w agsedorex beavem d* p"m hetebo, Tome ere n0 0d= agjeet w0 a
undczoncgs, wito n areal, between the patties with respect to the Ya1bled rIw= of this Trust AgiAmenM Ibco: shd be no n2od;fcshon% smmdawoa, oc elevadone ro this Tnxr
Ag aanattmlets agrtrxl to in rooting; lpgnadbl aD pattioc Mat ThwAp, tment sWbind aid m= to tLebewSt of thepu6ct, d= te4petwe Yris, axoe wo; neproex owu a dpooper
2twSPL MEMO wJ Moe' = und&swA dtu 2 cotWp =d mWis w"PttcG it w valid ss the oc UI
3. T*ne d&e lyisemkot Tszreis of d+oesceneein dais Trost A waunt
WARNING - BY SIGNING nUS PAPER,, YOU ("H UP YOUR RIGHT TO NOTICE AND COURT TKTAL EP YOU DO NOT PAY ON TD B, A COURT
UDGMENT MAY BE TAM AGAV46T YOU WITHOUT YOUR PRIOR SNOWL 3G% AND TEM POWER. OF A COURT CAN BE USED TO COLLECT
?ROM YOU XEGARDLESS OF ANY U ABM YOU WAY HAVE AGAIIVS TfM CREDITOR WU T = FOR RETURNED GOOD, PAULTY GOODS.
5AA UREON HIS PART TO CO11rII LY VrrH 111M W Ate', ORANY OTMM CAUSP-
;otpc?mre/?orc Nape
'I
2. Sipamr_ (individually)
I Signaum (ndivichtallFj
4. Sitpnatttrn gnflividuallo
Date
hIERCRANTS EXPRESS MONEY ORDER COMPANY, INC.
MEMO Vol XY ORDER COMPANY, INC.
NERCMIANTS E-N3gt B USA, INC
MElv10 MONEY ORDER CO OF NEW YORK INC.
13v
Title / Dare 4/Z, /0
IK'
S;?rar_v? ;tipfccs..x)
Sitmanur
S, ltii ltf? ??Pfrl l,"ti^;
'If not ms rded, please indicate by affixing `It/A» in the blue "Signature (Spouse)" wea.
2/5/2009
VERIFICATION
The undersigned individual hereby states that he/she is an employee of the Pennsylvania
Food Merchants Association with the authority to verify the statements contained in the
foregoing complaint involving its wholly owned subsidiary, Merchants Express Money
Order Company, Inc. The undersigned individual also states that the statements made in the
aforementioned complaint are true and correct to the best of his/her knowledge, information,
and belief. The undersigned understands that the statements therein are made subject to the
penalties of 18 Pa. Cons. Stat. §4904 relating to unworn falsifications to authorities.
Dan Oliva
Merchants Express
Money Order Company, Inc
PLAINTIFF
V.
Brian Cardonick
Individually, jointly and severally,
DEFENDANT
and
Miriam Cardonick
Individually, jointly and severally,
DEFENDANT
and
Joo Hyun Kim
Individually, jointly and severally,
And
A Plus Check Cashing I, LLC, d/b/a
A Plus Check Cashing
Limited Liability Company
DEFENDANT
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
2010
No. 8-3
AFFIDAVIT OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA SS:
COUNTY OF CUMBERLAND
The undersigned being duly sworn according to law, deposes and states that he is an
employee of the Pennsylvania Food Merchants Association with the authority to make this
Affidavit on behalf of the Plaintiff, Merchants Express Money Order Company, Inc., a wholly
owned subsidiary of the Pennsylvania Food Merchants Association. The undersigned also states
that the address of the Plaintiff is: 1029 Mumma Road, Wormleysburg, Pennsylvania, 17043 and
that the addresses of the Defendants are as follows:
A Plus Check Cashing I, LLC
60 Shelly Road
Holland, PA 18966
Brian Cardonick
60 Shelly Road
Holland, PA 18966
Miriam Cardonick
60 Shelly Road
Holland, PA 18966
Joo Hyun Kim
2003 Poplar Street
Philadelphia, PA 19130
SWORN to and subscribed
before me this
Pot Dan Oliva
201
APublr*
NOTARIAL SEAL
SHELLEY D HARRIS
NotaryPt?pqC
CITY OF HARRISWR6, DAUMIIN COU
My COMMUMM EXPM" Apr 2. 2012
JAR JA19ATOV
t
rPti"v1V?'?:s tAth?lFACf , ?..`i?ti#921k?#ttta ?'? " ?'
St£ .,P IqA 4,011QX4 nOf69Ifr+`10'-)
Merchants Express
Money Order Company, Inc
PLAINTIFF
V.
Brian Cardonick
individually, jointly and severally,
DEFENDANT :
and
Miriam Cardonick
individually, jointly and severally,
DEFENDANT
and
Joo Hyun Kim
Individually, jointly and severally,
And
A Plus Check Cashing I, LLC, d/b/a
A Plus Check Cashing
Limited Liability Company
DEFENDANT
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
2010
No.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
The undersigned being duly sworn according to law, deposes and states that he is an
employee of the Pennsylvania Food Merchants Association with the authority to make this
Affidavit on behalf of the Plaintiff, Merchants Express Money Order Company, Inc., a wholly
owned subsidiary of the Pennsylvania Food Merchants Association. The undersigned also states
that to the best of my knowledge, information, and belief, the Defendants are not in the Military
or Naval Service of the United States or its Allies, or otherwise within the provisions of the
Soldiers' and Sailors' Civil Relief Act of Congress of ><94e &- a-m--a - dc',?=??
Dan Oliva
SWORN to and subscribed
before in this Q D"
day of 2010
U Hco=
Notary Publ
EY D HARRIS
EOFNARMSBURG, RIAL SEAL
ary Public
DAUPHIN COUNTY
n Exph*a Apr 3, 2012
AAie
2 -,1;A P t.:.? i #d r;
;'S}d}._ tii?sgP44{J ,xJ ?l;... SiQa ?',^,; D'T`s `y