HomeMy WebLinkAbout10-4833! r
Merchants Express COURT OF COMMON PLEAS,
Money Order Company, Inc CUMBERLAND COUNTY
PLAINTIFF
V.
Brian Cardonick , 2010 - yg33
Individually, jointly and severally,
DEFENDANT
and No.
Miriam Cardonick
Individually, jointly and severally,
DEFENDANT
and
Joo Hyun Kim
Individually, jointly and severally,
and
A Plus Check Cashing II, LLC, d/b/a
A Plus Check Cashing
Limited Liability Company
DEFENDANT
CONFESSION OF JUDGMENT
? ?-Lr
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: $ 57,641.71
Interest ($28.82 per day): $ 8,386.87
Lost Fee Income: $ 8,624.00
Attorney Fees: $ 22,395.77
Total: $ 97,048.35
Kevin . Lutkins, Esq.
Attorney for Defendants
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Merchants Express COURT OF COMMON PLEAS,
Money Order Company, Inc CUMBERLAND COUNTY
PLAINTIFF
V.
Brian Cardonick 12010
Individually, jointly and severally,
DEFENDANT
and No.
Miriam Cardonick
Individually, jointly and severally,
DEFENDANT
and
Joo Hyun Kim
Individually, jointly and severally,
and
A Plus Check Cashing II, 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.
PROTHONOTARY
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
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 H, LLC, d/b/a
A Plus Check Cashing
Limited Liability Company
DEFENDANT
2010
No. J b - 4181"3 c' v .'I
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
COUNT I - CONFESSION OF JUDGMENT
(MEMO V. A PLUS. B. CARDONICK, M. CARDONICK. KIM1
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 II, LLC, (hereinafter "A Plus"), is a limited liability
company that operated as A Plus Check Cashing at 2757 Bethel Road, Chester, Pennsylvania,
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
19013. A Plus has ceased operations.
3. Defendant Brian Cardonick (hereinafter `B. CardonicW ), 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 $97,048.35 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 December 30, 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. On or about December 24, 2009 and December 29, 2009, Defendants were required
to pay Plaintiff $57,641.71 by wire transmittal to Plaintiff s account but failed to do so at any
time.
14. The Plaintiff, or its designated check-clearing banking center did not receive the
payment of the trust funds on December 24, 2009 and December 29, 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: $ 57,641.71
Interest ($28.82 per day): $ 8,386.87
Lost Fee Income: $ 8,624.00
Attorney Fees: $ 22,395.77
Total: $ 97,048.35
17. The Defendants' most recent 10-week sales average equaled 154 money orders
causing Plaintiff Lost Fee Income of $8,624.00 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 $97,048.35, 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 R CARDONICK, NL CARDONIM KIND
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 $97,048.35, 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. R CARDONIM M. CARDONIM 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 $97,048.35, 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. KIM)
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 $97,048.35, 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. IU M1
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 $97,048.35, 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. CARDONICK, KM
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 $97,048.35, as authorized by
the Warrant appearing in the attached Trust Agreement, together interest from the date of
judgment and costs.
Kevin M utkins, Esq.
Attorney for Plaintiff
Attorney ID: 76859
MERCHANTS EXPRESS MONEY ORDER COMPANY, INC.
AND SUBSIDIARIES
1029 Mumma Rd, P.O. Box 8363 Camp Hits, PA 17001- 8863
(800) 922 - 8079 Fax (717) 214 - 9989 as H (: c.1).)4
www_memoco.com
MONEY ORDERS Trustee Agreement for:
Corporation Name:
ec4-- C Arc''
4/
Store Name: # of Locations:
Address: 7s?' T City: State: P14- Zip Code: G4
Telephone Number. {d j; V -- Fax Number: t3 ^ r D /
E-Mail Address:
Website Address:
Legal Entity: L] Corporation CifiC ? Partnership 0 Sole Proprietorship
Products: zMoncy Orders 0 Gift Certificates II Pre-Paid ,Q Bill Payment
Instructions:
If you atc an officer or the owner of 10% or more of the business you win need to sign at one of the red
numbered signaturc areas on the Trust Agreement and the Electronic Fund.s'Transfer. If married, your
spouse will need, to sign at the corresponding blue n rinbes:ed spou.,,e sipawre areas, if not m,arded please
notate by affixing N/A in the corresponditig blue: nunibe.rc d spouse signature arc.ts_
Please attach a voided check for the account MEMO or its designated representative utill be drafting.
Please provide copies of photo ID's of all individuals who sign these documents.
Tf you have any questions please feel free to contact your sales representative or the Sales and
Marketing Department at (800) 922 - 8079.
VOR n NAL USE ONLY
MERCHANTS ExFRESS MONEY ORDER COMPANY.INC.
MEMO MONEY ORDER COMPAN'Y', INC.
MERCHANTS MRESS USA, INC-
N EMO MONEY OMAK COMPANY of NEW YOM INC.
fly v (", {
Saks Rc =s=tffive
Money Orders Ltad #
Pre-Paid Lead #
Bill Payment Lead #
Trustee #
MERCHANTS
YORK', YNC., MONEY ORDER TRUST AGREEMENT EXPRESS
INC. MM$MO MONEY ORDER COMPANY, INC., MONEY ORDER COMPANY OF MEMO
TH-TS TRUST AGRREMENT is made between MERCHANTS EXPRESS MONEY ORDER COMPANY, INC., MEMO MONEY ORDE RaCO orlt r
INC., MFRCIIANTS EXPRESS USA, TNC., Pcansylvatli% Cocpofatiow or MEMO MONI?Y ORDER COMPANY OP NEW YORK,
7,0rp0ratitn1, U f any Mbsidiary (Colectivrly ` MEMO") and the individual(t) and/or entities, idearified below. hereafter refe=ed to as Trustee(s).
In consideration of the mutual promises contained in this Trust Agteemenc and intending to be legally bowed hereby, the parties agree as follouys;
Recitals.
A ME1M is engaged in eke: issuance sa d datcb=on of mc+my orders and gift enO6ofies (here+n'kmw) pn xca) through deCmorlic Tern>i<als.
7: rustce des=m to sen MEitifO products ualming an docermie Tcrtninalpumiant m tic temu of dos Twist Agtexsnant
1. Mueeea, NLW at0 appoints Tnaw to u-t ss an nwa of MEMO sc exch of Tntstees tend cstabliohments oftirovcnl for du sago of NF'MO pn? and that the n1arionship lx-e ew ttre
IPat: Ball not Cc --ticucr a. parmets w. )=I verinwe or agency, (otha titan as rsprceslp deseobed herein). Nedwr Ivi1?10 not Trustee nball rove the au h nasty to male; any et{'a0e[ vMT.,
represauaticars or eorratutincna ; cf anykirA or take aeq action, wbxb s>mllbe binding, on taw otrer,w k hour ter m%orw atbm crnwit of the other. patty. Trustee aaNpa such app tin
uoordance aids the teethe arxl cosnditieata epecifiod in this TnrsE Agroomene
2. Trust ltelaotona . Trustee shaft receive and'rr01d in roost roe .t1=M0 su blank mex+c? ohs defiraced to 1rvstee 6y b i0 arxi RIl srxneq received by Trustee form the axle of money
ov&y--, incl utirg w&%ouE llm=ca the money order fees estab&licd by ME X10 form time to tome ('west ftui&). Truaree shall hold the trust fibads separate and apad from ocher Conch of
Tauter. The far&= of Trume rn hold trust finds sepaate and apart from any other hinds of doe Tmstee shall, at the option of MEMO, be a breach of dais Agreement entiding MEMO to
;mcnediatc pusseswin of my accuum or accounts loco wbich funds rowmed for money order. sates fran ounsurnm have been dgxvived and such other recce, incladmg renrtination of
dris Ageemcnu a& ate provided for heron.
5, Materials Supplied by MEMO. For the sole purpose of selling UEMU products pursuant to this Taut Agreement, MEMO will supply Trustee with the following.
A. An adeguam supply of serially numbered blank phoney orders and/or gift certificates.
R. An weeny instaUxtim kit CC% uiniag the supplies send trai nirgmatta9l required to irrVk = and maintain i MEMO agency rC]alioni*-
O Fpragxnent of the neressaty to wltav Tortes to r?ectlte all types of tran8xttio+ns guxsmcd by dte'T>xnst Ag?eatnent The tslugmient N1V40 wMprovidr, xkk ks, axh
,Txptnent day, will irxtprint the rnmey nrder and/or gLft aanficate dc&r vWur: and Tnsstee ID number fimilp into the mass order or gift omtifi= so as t0 inhibit the sherxom of
such itam Ad egthiprncm provided to Trustee shag ar a!i times continue w be dre sdepropaty rrt MEMO and shall not be rerno od from dye Truswe's serail esrablidw=t whae u
A -a ottignAy insollcd by MEUO, wrests approved by Ito -MO in writing. Any other equgxrxm not nNrned by MEMO attd usedby'1'ructce m fid N1EM0 produrss to = be
approved by MEMO.
13. Regabtory postinSB, signk posraa, wkmk w dm-A4 and odxr pxoPv6onat rnarCOals, all of v6kh Tnmtoe aV*m to der cq u ail times. in a runt locations on the pmniscs.
4. Right to an Aecoutming. Notw dutar+dirtg any odes provision of this Tmat Agceanent, MEMO shall have the right at all rnscnaHe times, witty or wi duxx nuts, to wx F* Trustee's
pnrnk s and Do inspect and paf xrri an weeanwng of tic cmxc its an tployees or agents to inspect andpcx(=n an accounting o? the tie reedpts, fom the wocuntir>b (stow) ropier of roomy
ofd= and gift eemEcat m sold if appticnbk, daily sales s hort3, the Trustee's invenbary of ursrisbtixd money GRIM and/or iff ca4mtes,. A c6ege will be assessed agatmt Trustee m rtcova
acpaves maxted by MEMO WI• m m audit is conduetod due to Trustee's bromh of this Trust Agreement cc if the audit dw-loaa abreach
5. 1 Ldm and Rcgwtadars_' nwec shall eanply with tic fod aWmg des and regisrims-
.!i. Trustee shall not wR or issue a 14--'UO pw&= until Tx%wm bas eokcaed a emb payment in an anramt oqual to the face gmrnmt of are sale or isruartoc of the MF»v10 product plus
viy hddaiaal amount detemi ed by the rata feo except as ndie-n w set forth harem. Trust= will only accept mASh as pavntent for all MEMO products. No check or odter paper
traournmed or deposited by Th= m oc for VENCO shall conrim a a=uttarnnt to NE90 unal acntaIly collected NW-MO has the option ifn cuh case to deposit any such papa[ foe
coIlccdon.
B, Tnastce shall safeg xrtd all unnvnmd inventories of ail pnxk= wed MEMO provided equipment wvi& the 1siglhear degree of care, The rare exercised in tegud to MEMO products shall
be a< least as that wpplicaNe to casts Trthetee shad report to MEMO du serial nwAxx of each emuq order stolen or ftiisw% and an od= infomtaticn. renting to thr evau,
irnnu& sly upan discovery of 6v fact, but in. any event not latex dean tweary-fax A hours prior to the money ordeQ being premed for payment to 14EM0 so dot payment cm
be stopped on each missing or scolm %noney orders. Sun repair Shall be by odephone zW irna ehately eonGaned in Writing To"We Shad lx adelp responsible for ell losses aex+ng
from, and sleall indtartify and hold M814ip hamhless rnepmJi tg any and all stolen or trrising items as well as any MEMO oqukunent ieaued to T"m Futthmmoae. Trustee shall be
*41onabk far repair Or replacement Of any tApl vfo issued eciuopmmt sto6i o dam as a vm& of thaw, negiWv, aiiase, Ext at odwrwise. Said uspocdbttiry aul llabky of
Trustee ehA nor be lkro byTra=e's sot T16ncr m& die s2fc ? tarp and =pmang obligaocns eel forth in diapn>ayrap1s
C 11nnstee dta11 at All times maintain a sound financial position. and pmvide curcent financial infaarrtaCOr? m It .tifU as requested by MEMO. Trnutec shall conduce cperatiau so aw tic
funds ?shC[atad fns. die sale Or issinncc of rrfancf orders and/or gift oemfieata, a+71 natbe in leopa rely nor earn at the opnten Of a a+asanable pa50rn tP be m jaerpaxdy. T.11QlM shall
cew the issuance and sale of money orders and/cK gift cues wnd notify MEMO ircana t>zrely, should wch jeopudy arise. Notification m'. MUM shall be made pmmpdy by
D&?hone and iaarneediauly cm%%mod in watarg "Sound Fire ciA Gasman" shall mean that there has been nD rxwreial advor me rliinge in the busineesa, npoww s, condition
(Enannaal or otherwise) or proe?pects of the Trustee and that ne&ce Tnmtw of tats' tauarxntor has become irwkea4 getexW unable to pay its debts a4 they bexorne &%c, invol ntan7y
suspended mansaction of its business, made a general wag irrimt the tine benefit of =azoa, instituted w pxoonmd ig dwoibcd n Pwaguph 7B or contented no any such order for: mW
any a[7 mvrnenc or to die taking of pimmien by any such offrdal of all oc wrry nixtanaal put of its pmpeay, decbmict , fording or relief drxcabod dteron, whetur or not airy such
prtnneedrcng is vrstituted, a has taker arty action in fi>xtheaau of arty tae the forrgeoirug Aluk of sound financial conddari due also 5hdude when Trustee Coils ro pay, cut due dur VAUCIr
6W saute is axler or twig to pay >s ?toa gm??y or m,tr'aa tepresmwoos N Mk o ur to other creditor. chat it must $Say arty such payment hmda
due, arty gun payable?gcrr.
Candgictu which, in the sole d5scredo n of UEMO it appwn t,uTnatee is no longer Sri a sound fnaricitl condition.
D. 1?ruslee: sknall provide MEMO by faeaimBe transtrutral or reotered moll 30 days advance notice of proposed change(s) in the ownership of either Trustee's business,
the management of Trustees business, the sale of fifty-one percent (51%) or. more of Trustees assets, or the entry into or tetrnrnatiorn of business affiliated with
Trustee. Transactions included within this paragraph 4(D) include transfer of stock of Trasoees, sale of pwmer0h . interests, Limited Liabdicy Company or
partnership's interest or any similar transaction which effects a change in ownership or control of Trustee. No such tratneaetlon Sham be approved unta any successor
entity, if any, has entered into appropriate documentation, including a crust agteernau Winlr MEMO. No transaction, discussed in Ibis subparagrap)t, shall be effective
,%ifli ut the prior written approval of MEMO. Any act xipt by Tree to Crfecct such a transaction without''+&-MO approval shall be void wb initio as to 'hMMO. If
Trustee fails to gyve such notifceation, Trustee, as well as its successor, shall remain Bible for. the payment of all sums and the ptz(unmarue of all duets required by the
Trust Agee nent Any change of ownership or olio' asaigmnenc widin the meaning of this patagryfptn alhall bind Trustees successor or assignee to the tears and
conditions of this Trust Agteane nt
Dung due term of this f lust AViceecn<a.c, ineitltl tiny cenewak hereof, Touter s61 sdl only MEMO profits at all of `Inx tee's retail estabfibme nta anciad>og disc net* opened or
acquaedl T»,= muse provide MFIN40 with at host 30 days notice of its arrant To close its business operations n r curt retarl location and to mopen at modxr locatim. Tn= shaC
not udin MEMO fox any udhexpvgxsx drun selling MEMO products.
F, Trustee shall hA hMMO products only it Trustees speaficil y approvedpl ces of business or fuaxe phce of Wi ness 26 approved by MEMO. Twame shall trot appoint and/or offer
ore sw ices at cc to any entity not a pxq to This Trust Ag<oarrnt
0. Trustee rnusr stmt mad. w e0 rte all ttanSaetinns corhtetz>ptued 41 thin Trust Ag<oaneYnt at all times when the Trustee's > is optrL Pieces ro da so shall ccns6h= abr cwh of
dis Trusc Agreement No funds receirud by Ttw= shall be subject to tuadmurny levy of eiroas in, cc saqueeumn by ttaber of why court, accpr for doe betu5r of tviE.Ua
. Tnnsree ptohihitnd fttm hrnauthorited rose nfM? ?so?s tna?e, lam, ttnulc?ttwat and/o<s<aoi?e rna=1 wttn?ratMF??uYspr;onwrimen «?naent
14
1. No NIP-NIO products sball be issued or sdd to anyone in payment of any obligation of Tnustet; armory, or t or used in arty manta for TrustcS owner ca gu rsnEots own
y u govt=,, awept ju Aocved by MC:MO.
], l ntstoo shaII sell matey waders ' erect n u ericai sapence in accotdwyee with the nuanber printed an eath b" money order. 7'he faceunodmc of any rncey,7 oadcr sold by'1,nuteo
shall nor e9rcecd the saran of 1! Ili 1 - IvlEN(O may deliver blanlt money -west= to Tnr&m or to any aam ; esr? or representative of T rustee, by whatxrorx means
1dF'xvf0 derins approp?•? O is anrttxuized w xeeeiae and issue w rcrapt fat blank rrtaury dxiders on behalf of Tiveme. AIl vadui zYnoney acdas rrnnat be atsded dht<xngh the
eleczronic money order dispenser du mg one sale daw trily tits xvoid cbargrs to Tnw&s secaarr If a voided money order is not vo+doi in t3•re mor y order dines =z; Trustee shall
writq "NOT" 'USED FOR PUP10 E INTENDED" on the baclm& of the: or%n21 mrney order wnd deposit doe money order into Trustee's bank account: If Touts should
wtite'1 o on the face of the adrial money ode ;'!'memo Shall fotward the otiS+inalvoided moosq emlea w die MlZbfO offia aid NM, 10 wM issue a reCunnd to T>axiee in the foam
of a rcpIxement moray order. T urec a&.0 meuce that tint elecri = rnartey c>rdtr dispenser is avarlabte for MEMO 0 eFoeerooimBp w--At porlrcig data on a logy tiasia If the
A-LuL w- niauy order dmaprnser does not Pon A Trustee aYuat provkk hwAO wide flee order axles tax manrallY is rBC1thOSted Tt%tri ernaxes dhot the deck
money ceder sales disper=a otwxys fumed m gnd ahnys property c=ured m a. clear tdepbcrje fine during eJecmxAepoEng u04 tit>? be basedupon
Mo cy Order pees. Inansrrlerao of V p*&xu provided w Tnlstce byMEMO, Tmme steal pay WNIO 1 fre as pa?L ?'cyOrricefeesstroll
the eekly COf1? of J _?-- M?e9' ? sold by T Tawee.'s Money order fee shalt be ?- per tttsn at rrnsoroum r?1 se3bng P°? of
a order ",h,??.,,t,r fee of a p. 9CfjBit/inn& shA 1p?ily "p???app? ?]ICA??l?' M=L Vor Th iteeb p'Xyt& a Ytt iq Prr-
dr?yT,'°"' fa tint money '°kwri ed MFDIO. Foat'r?papasg'arraort@1t moog order
`?"O`? frnrYttq arirt dispenser Teo shalt be: utclIderW with ore of the I'rusNcC'$ tG er?rlSl7dy aC?+l?? v`^"\C? d
dspense r fm die monthly Heaney caber dispenses fees shall be tadu on rise neat neguhtly achodtd6d ACFi draft following the last cslersdas day of 1 particrilaz n70rSdL The CYLf1alIlUY1
month y reverse generued by Roster's account must erlual S Ira month be& ning on -- - ./_-I Ilse diffecm« bmv&n the mire iu n mwA* we=
acid a combination of per roan money order feesImmey order disperzer fea WZ be calculated mondity, rrporaed rift debit ttwua ittsd notice appr y duce weeks followi ag the dose of
a calcxlar munku, did oamT be drafted one weer tbcrcaRer as pose of S tuaux's ACIi dmft Money Order fees may be rrodifined by at any ems, rte thirty (30) drys written notice To
Trustee or when MF?MO's ronwedc raker analysis wx am per z= meekly volume not eextsisTe3iewidr M13M0 s fee ate sd*duk:
Tnm FtumU Rer Wmwe by EFlectrox c Panes T?anfef time upon dirty (3f>) daYs writtetu notate to
Any Trw= ut pmv t7 c=--c money order dispensing eglspmart cwM be forwarded a many ceder Sales tuamnscry Report - MEl?fO rr,7y; u anY
Tatee, altar or change the Trustee's R ug llxf m=ber of Mx rong Dais, the At /Wre day and/or the nomber of ACfI/%r= rb),,t prix to due dry of die aatm rep oectqg d y-
't he morsq order Sales Steno Repots w11( reflect money order sales foe the apphmblt tepomng peace
W. P-1; PF, IO'n:
iltr%1"INNING DAY
RkMING DAY
A/ e4l
S' ul\e
REPORMNGm DAY -@)WIRE
rras[ee rain be provided all P,d, rat zePoz+g mffir nhoo on the mcn, ottderSales & mmroary Repeat As m&czWed turbot a MEMO mall ituriam an dectrortic tznrAfer of fuads due MEMO.
Inc xlmg tree fact value of money orders sold, plus appk&Ue fee due MEMO, from Trustees bank accaanr w MFI Y1 bank atmtmt. If Taxate's nw4 od of rermtrance is via win,
'f'nte de veil initiate a wite trMsfer of applicable money order sales pro=& phu applicable naorte9 order &*t frettiuTnutees motuy order Taunt Account to die dwouted 1 M0 ba=it
deposit wcaunt prior to 200 PV on flue denigrated rant nCE &} . AN foncle rile M FrMO nw=bc ahchsdcdwRh ere =% ittance Ndm due as kkn66td as abam AR auStzrAing statnnmt
Wz=ee. duo at d+is t rn. Anuct be inehdrd wirh K%Yitru = kxkxkw debits due MEMO. If rf arsoee dm.Ra banks acrd/ot [mar aeooms as idmrified in d* Trustee's = agreement,
TAxbU;& shoo immediately' infoan MEMO of attrlu change by mkphone and pwa+tpdy oo &m to writing. This armgamenc "not be revolmd unless aB ftnds due MEMO arc paid m ful.
1f Trusux did rat set miry moony order avog the Sales P.(VA * Trusnx must am mmitpayment fYu &=tsnding baMenoes oobfied by . F?MO. data chained from Txtustee
C)n _hn L-- ?r,?. of each week, MEMO wua cs1w6te a cnc7 order sa6 total o t? reeetdie the Moray
via decht"cpol6ng tanarnsvixr of rime roauty order dj== M . SO wmil firwnd due Morey Order Sales Su rxrmag 0xpoat toTrustre as of three
Order SaL,- Sooxnnq Report with its rececds and infocm i RMO of any diffamwas. T"'Me anise referee the accounting (store) copies if atatod abar aPPlieablS ai T its Trustee tee s PMAd mxatcel
maidis Torn the repotting pm-.i Tanta daIl foresee the acccax ctg (stxc) copies, if appli iblq m the MEMO office upon request. If the soeam&)g (stareorb for a ) copies rcy
during the duce month tendon period. Trustee ahall &card the ate unOng (setae) copies at its own disctedon,
ucetesive five (5) year
Term ofAgreesnant: The ram of this Truer Agreecnnit tdnt)1 rat for aprod of five (5) yeas from tlu. date rmf dris'I'sust Agreement and rbafl rum mutrmoticsfly' for a
pt cvk A f er the ropier five (5) year tmnrn of Timis Trust Age==4 Trustees may maruram dais 't'rust Agmemeot upem sot (G) rn*rAs p:io wrimm notice to MEMO, mmd MEMO may
tcmiumate ties Ttnq Agrrunmt ttpnn sdq (q days p=wtrtem notuoe to Trustees. In due ev*4 TvV= dots not provide proper teatm um n nobee, Trustee shaft be rtspatussble for lost fee
iaoomo to, MLM. O for tho &=hoa of the cont,*a -a e6met Fee meorne shall be caleuJitea umSTrnstr+t''s moor wtwit 10-wrrh oaks averagc? for A MEMO produces. Notwithstanding the
fcocg. tip MEMO any fe+rrir= dvs Taut Agmtment at any crnk or tam' locatim covered by this Truett Ag vetner6 i>r=%odowly andwkbout notice, and/or &%w judgment acau+dmag to the
prori>iau of Pazagraph 21 heesamf, mmFmur alit lrappniaig of any o f tlx fogcxoirg watts:
A MEMO and/or lu designated banking cenw or sm dcmguatcd representative does roc rmsw the accounting docxhana>tuiaru or payroeu of trust finds and applicable fm wAh n die
tune period and on the arena Tocified in this Trust Agneemerit
* Teasme or any .mw= ooe+e m nary set of insolvency, or capon ere B6g by Tnutee or any Guarantor of spy petition harder any haolnuphry, reatguraaDiorr, insokency, tic
moraaxiutn law, or any low for rite zcWof; or relating to debtam or sine Msg of any irmduntaty petition ag draTnime trader aay''hanlauptcf statute, or the appoiru0mew of a tecc:iv or
or Trzwe to Glee possession of the property or vA&A of Trustee; or die subjertioa of de'Taxtees; pteperey or assets to any levy, seieur; assign um «sale bur or by any amiimr or
G The na Vedo>o acu A bq Trustee of any obligations of Tnuxee pomii r rn this Trust Agremunt
D. Trustees a nisrcpxesetutation of any MEMO product of service.
The leq1mluing of arty foregoing events AUR be a defaut undor des Trust Agmament race, wi&outnutice froen MEVO, ccnstiam a• defmrkvod= any odd a0 atha agremenm 14 F.V0 may
have with Tn*we, l nlS &s g mantas and any eutitq controlled by TAx= at'fnhstods gwmnnwV In die Ce eft: NIRMO tmymat = this Tni&t A&-wnaht dit to a default, Tnutee t-ta be
reeponsNe fot lose fee irgoenc to NEM0 for the dtlradrx1 of dre ocn=a in effeq in azcor3anoc with the te=ns of dmis pangaph
). T'ererdnatfao. Upon de agpirstion, rarroka tioN ouxu is ion c r breach of this Tnuc AgtrsmalS Trustee wiR re= any and all. N E240 aftiiptnent and any and A maw*1& or doaunents,
unusedpamducts provided td Taupe by WWO puovant to this Tn>stAgreftnent iewr,edkrety upon I"arenie's tft*t of a vvxi e+ damandnotim by MEMO. MEMO may dmge Tamara
for the cost of any and aA unto m'=tat od or changed egt>iptnrxni, pzo*= inc1Ldngcost cf repom6om In im sole daem&n andnotwifl3atar g say oduerpoovisron of due Tnaac
Agrxtxnt to the; Wntarq.' M O tnaq {mar 0iZt rip Oea wow d-as k ratan or fury loeuim covered by tba TmK Ag menw4 io flee eve ENEMO determines tha mrVIaicewith this't'nnt
;tgeanentearnri~d cause AAf?MO nr xr y rFirF »?sts mriohse arpoieotsa6yvioiabe arro foew< slate or federal law ae regtal?sau or airy eruct t)rdes or if a appnrs to MEltd4 bo be id il& cu due
Tnwee's list interest and Tmstw agees to Prop sd4a g MEMO pm&cts ratmedistely after ceamv%notification of termination. Upon the eaVagion, mmmantman, cmcclbrion or 1uoeac6 of
dins Trust Agrcano i; I rmoc x mrnedismly deal deliver to ItX,2*10 w reTimm d P2 cash cecepu forma MRMO ptodam% told cr issaaed feex, in4id;ngwty mid sill other oustand srgbakw4%
ripe MEMO, scawndog (stow) copies of money odder issued if applicable, daily cults reports for an X10 ptodm ki the ey mt that Tnutee f2,7s m awm such items immedi *,
Tnharoebtrrby ahhtboaizes MElv10 oris:sprcaumtahivm ur x?ipoisxta3 ?m? m sppeararTruatx's place of tA>9i? ¦rdptaceshlq ol?neas evntnd9 of all such prnperry lismdheron,
alt=xm elq ncc coos of any repossession by' IVAO shalt be borne cadueivcly by the Tnxtee. An ou%abons, obfigux= for tranucdons, oam= ct, lib"ok and irrdensnities of Trustee
hezarmda t lra0 ,un'it'e the aeon or xn=raboo of this Trust Ag<arnmt Any teminm4 n notice, eidhes oralty or in writing provided by MEMO fta gny rcrmstxn oba rhea the cxp=non
of this Trust Agreerneu shalt be df t6vc as of the hgTaling of any &udu cm-it drag teaniinaion turdec patagoPh 7 hereof or upon the entry of confessed judr=, whichever frA,
occam MEMO male take utyactim legiltypentatted 0 premi die urauthntiz"'F sale orissvance of Ml',MO products, ancttdrtg but no lihnited cc. ` bdcdam' and/or rt movA of
MF.Mf) 6T m and ere =Tw mA of o rand MEMO products and equ pmott
10. G0NFESS]K)NOPJU'DGbfflW. TRUSTS>& YRREVOCABLYAUTHO AND EMPOVEMS ANYAXIX)RNEY ORTHEPROT'HIONYOTAiBCYOR
CIS RR OF ANY COURT OF RECORD, UPON OR AF17ER'TEM OCCUARTNCK OF ANY EVENT DESMBED TN PARAGRAPH 7, TO APPEAR FORAND
TO CONFESS OR ENTMAMGMSN'TA AINST TRUSTEE POR'IM FACEAMOUNP OFALL MEMO (PRODUCTS SOT D FURStJANT TO THIS TRUST'
AGREFIIlENT, TkW APPUCARM F ES, ACCRUED a'ts'T THEREON, TtV'>:'SIi>gS7C 0MENSE NOT TO EXCEED ELGHTR'RN PERCENT (18'/s). AND
PORANY OTBM SUMS DM MEMO UNDER TJ- dS TRUST AGREEbUNT,'TOG At WITH FMPENSES AND COST OF SUIT AND REASONABLE
ATIORNEY'S Y+I+.ES AND SAID FEM NOT TO EXCEED THIRTY PERCENT (30%) OF SAID AMOtM AND WME, FOR COLLECl10N AS PROVIDED
HEREIN R4t4" ILYYDINGAIL LEGAL FEES INCURRED INANY BAN=t WIr-Y OF TRINES. FOR SUCH PURPOSXTkWT1? 151' AGREEMENT ORA
COPY11MEOF VRRIFIED BYAFFIDW1T HYTRUSTEE OR ON BM%1.P OF TlE X=EE BY SAM ATTORNEY. MOT'HONOTARY OR CLERK SHALL BE
SUFFICIENT WARRA1?l'r. THE R&MEDIES OF MEMO AS PROVEDEA FEtEI N AND THE WARRANT'S OBTAINED ffitE N SHALL M )ENFORCED IN
A1CC.OtDANCE WIN THE TERl1SS OF TMS TRUST AGPJMAENTAI'MMA'Y BE PURSUE D Si NGLY, SUC LY, OR'TOGE'1'HERAT TI'S SOLE
DISCRI'r1iON OF MEMO ANDAS OFTBN AS OGCASI<ONTF ORE SKML OCCUR- TYKE FAMURETO F.l ANY SUCH RIGHT OR REMMY
SHALL IN NO EVE'NT BE CONSTRUED AS AWAIVER OR RE 1QS.M TH MEOF. THE A[TY'1rYORMAND POVMT'O APPEAR FOR AND CONFM OR
ENTER JUAGM N TACAINSrTAUSTBE SHALL NOT DR MMUSTED BYTHR Mrl]AL EXFRLTSSF.' F. AND THE SAA MAY BE
EXERCISED, FROM TIME TO TOMAS OFTEN AgM"O SHALL DEEMNSCESSARYAND DFSIRABXA ARID THUTRUST AGRBMfENT ORA COPY
MMWF SI-;ALL BEA 5E 1(IEN'T WARRAN'T' SORE ONE OR MORE JUDGMENTS MAY BE CONFESSED OR EN'IRRED IN THE SAME OR
DIFF fT COUNTIES FOR ALL ORPARr OFTH E SUMS DESCRIBM IN THIS PARAGRAPH. fN THE EVENTA NYP JD(i31tENT ENTERED
AGAINS'T' MERCEIANT HI 9REONDER IS 9MCIENI 01 t OPENED UPON APPL APPLICATION BY OR ON TRUSTIES BFIiALF FOR ANY PEA SON
WHATSOEVER, THEN ANYATTORNEY OR TH}. PROTHONOTARY OR CLERK OF ANY COURT OFRECORD H)MYAL HORV" ND '!ON
E;V1.POWEREDTOAGAIN APPEAR FORANDCON?SSORENTER7C7DaWu4TAGAINgTTRUSIEE;SUBJECI!, OWEIER,
THAT SUCH SUBSEQUENT ENTRY OR CONFESSION OF RmGm?ENT MAY ONLY BE DONETO CUREANY ERRORS IN PRIOR pROCEEDI NGS,AND
ONLY TO THE EXTENT THAT SUCH (ERRORS ARE S MJWT TO CURE IN THE LATE PROCEEDINGS. TRUSTEE AClINOWTEDGES T14AT BY
AUTHORIZING MEMO TO CONFESS JUDCAfiWrHEME(NDER,'T'R(M-EE WATVESTHE, MGM TO NOTICE IN APMOR JUDICI&LPTtOCEIDiNG
TO DES a m ms AND TIABTLTT'wS. TRUSTEE PuRTkMRAcxNOwLEDGES THAT MEMO MAY OBTAIN A JUDGMIM 'T AGAINST
TRT.ZrmwrllTOUT TISPRIOR KNovn DGTIOR CONSFNI'At vrmou ' TRUST wS OPPORTUNEIYTO RATSEANYDEVENSE, SET OFF,
COUNTEgrIAIM OROTfM CT.AIM TRYJSTEE MAY HAVE. TRUFrEE) SL'Y wAIVFS SUCH RIGPTTS ASAN wamuCiTAND MATERIAL PART
OF TIECONSIDERAnor4FOftWRMMTRUSTAGROMARNT TOMAMMEMO PRODUCTS ANAILARMTOTHETRUSrF..>w
11. I.iabilay. Trustee, regard6a of TA= % freedrxn from tigkence or odner fa k dun be absohtrely liable:
A. To make remittance to MEMO of the face an am[ for all a4F140 pfoA rrn sold, the applcgble fees, and in Khec akmics due MEMO under dos Tnist Amt, regardlen of the
,r nwous or non-myatenous drssppearmce or lm of 2q fiends &an Tmstee7s pmtast oa by teasoa of the honest or dishonest act of arty peuon, ace of God, orotlu:wue.
D. To ra-ka rn 1NMWO d,c total armor: Of all swrrs of money char :nay be oTwided by or for NIM40 in paying any MEMO puyhu-A delivered by MEMO m Trxtrc that are
s',Uacquendy presavod for paymeru, whether or not M>-RdO it legtlly liable to pay the lama Tbib u4varagaph shall not apply to say I%MMO prodtroa as to which Trustee ahall have:
f Ay punned Tn>scWe d4nic s tender d* Trust lag arteac
C MEMO Lability: Except as pnmded in dua Timt Ageanent, WMO makes no wamrntiea whedter tanprem wed or t= mry in cahnec Too with due Trust Agrernerrc MEMO
tV^ sty d sdaime allw2mmaes of rnochz y and fitne ss far a putswbr propose. ?4 Vv7O mall Trot be die cc liable far any lost; pro 6n. causer;ui.-ruag 1 a pmmbt
exarplarq or inCder421 d rcail=4 ft cm 6v fA = of the Product(s). The sole anti eve 6b&y of MEMO w Titigre and mucdf of'Pnmc hereunder (aidu&hg
rteoigeace) strap be gahc ral monetary datrnags not oo Crecod dx a uxmt o3 the item drat is dre stnbject of the claim oe dupur, rep4m cat the clnarac r of axh autos.
12 INDEMNTT"Y AND PERSONAL GUARANTY. TO INDUCE MEMO TO ENTER INTO THIS TRUST AGREEMENT. TRUSTEE AND TINE
UNDERSIGNED INDIVIDUAL(S) S14ALL JOINTLY AND SEVERALLY, INDEMNIFY. DEFEND AND HOLD HARMLESS MEMO FROM AND
AGAINST ANY AND ALL LOSSES, DAMAGES, LIARXL=IES, CLMMS, ACTIONS, SUITS, PROCEEDINGS, JTJDGMEN'TS. ASSESSMT'+NTS, FINES,
PENALTIES, COSTS, INTEREST, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, SETTLEMENT COST AND REASONABLE LEGAL
AND ACCOUNTING FEES) SUSTAINED BY Af4M0 RESULTING FROM OR ARISING OUT OF ANY ACT OR OMISSION TO ACT, WHETHER
HONEST, DMHONEST, NEGLIGENT OR OTHERWISE BY TRUSTEE OR TRUSTEWS EMPLOYEES, AGENTS, ASSOCIATES OR
REPRESENTATrvEs (WHETHER 'g7rrkuN OR wrrmoUr TkMR SCOPE OF PERFORMANCE UNDER THIS TRUST AGREEMENT). TIM
PARTIES TO THE TRUST ACRER ENT SHALL BE REY'RA£ED FROM LIABUXlY HI MINDER FOR FAILURE TO PERFORM ANY OP TIDE
OBLIGATIONS HEREIN VdHRAR SUCH FAILURE TO PERPORM OCCURS BY REASON OF ANY ACT OF GOD, NATIONAL EMERGENCY,
MECHANICAL OR ELECTRICAL BREAKDOWN, CIVIL COMMOTION OR THE ORDEF, REQUISITION, REQUEST OR RECOMMENDATION
OF ANY GOVERNMENTAL PROCLAMATION, REGULATION OR ANY OTHER CAUSE BEYOND EITHER PARTY'S REASONABLE CONTROL
INCLUDING WEATHER THU UNDERSIGNED INDIVIDUAL DOES PERSONALLY GUARANTEE AND BECOME SURETY FOR TRUSTEE'S
P'U'LL PERFORMANCE Olt TIM TRUST AGREEMENT, INCLUDING WITS LIMITATION THE PROMPT AND PUNCTUAL PAYMENT OF ALL
AMOUNTS BECOMMG DUE FROM TRUSTEE TO MEMO HEREUNDER.
THE TRUST AGREEMENT MAY BE MODIFIED BY MEMO WITHOUT NOTICE TO THE UNDERSIGNED AND WITHOUT AFFECTING THIS
pAR11GRAP'H. bMAO MAY ENFORCE THIS PARAGRAPH AGAINST THE UNDIIRSTGNED IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA, AS WELL AS IN ANY OTHER COURTAND STATE RAVING JURISDICTION, WHETHER OR NOT
ANY ACTION IS EVER TAKEN BY MEMO AGAINST TRUSTEE (AND/OR GUARANTOR).
THL UiNi3Pi iGNED H uvaV WAIVE ALL NOTICES WHATSOEVER WITH RESPECT TO THIS GUARANTY EXCEPT FOR NOTICE OF
DMtAND FOR PAYMENT FROM THE UNDERSIGNED. TIM UNDERSIGNED HERReY CONSENT TO THE TAKING OF, OR THE FAILURE
TO TAKE, FROM TDdX TO TIME WITHOUT NOTICE TO THE UNDERSIGNED, ANY ACTION OF ANY NATUREWHATSOEVER WTTIY
RESPECT TO THE TRUST AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY RENEWALS, MCTENSIONS, MODIFICATIONS,
POSTPONEMENTS, COMPROMISES, INDULGENCES, WAIVERS, SURRENDERS EXCHANGES, RELEASES, AND FAILURE TO PURSUE OR
PRESMW RIGHTS AGAINST ANY PV.RSON, AND THE UNDERSIGNED SHALL REMAIN FULLY LIABLE HEREON NOT rTHSTANDING
ANY OF TIM FOREGOING. EXCEPT AS PROVIDED HEREIN, THE UNDERSIGNED HERREY WAIVE ALL DEFENSES WHATSOEVER TO
THE UNDERSIGNED'S LIABILITY HEREUNDER 89ClCPT THE DEFENSES OF (I) )PAVMRNT, ANT.) (2) TACK OF NOTICE AS REQUIRED IN
TI-M TRUST AGRET?MBNT.
UPON DEFAULT HEREUNDER, TIM UNDERSIGNED HEkERV AUTHORIZES AND EMPOWERS IRREVOCABLY TIDE 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 FOIL ATTORNEY'S PEES, IiEY.EACING ERRORS, VVATV'ING STAY OF EXECUTION, AND
AUTHORIZING TIDE IMMEDIATE ISSUE OF A WRIT OF E ECUTION, ALL IN ACCORDANCE WITH. THE PENNSYLVANIA RULES OF CIVIL
PROCEDURE. FOR SUCH PURPOSE, THIS TRUST AGREEMENT OR A COPY HEREOF -VERIFIED Sr AIr3rmAVIT BY THE UNDERSIGNED
OR ON BEHALF OF THE UNDERSIGNED BY SAID PROTHONOTARY, CLERK OR ATTORNEY, SMALL BE SUFFICIENT WARRANT,
THE AUTHORITY` AND POWER TO AP13FAR FOR AND TO CONFESS OR ENTER JUDGMENT AGAINST THE UNDERSIGNED SHALT. NOT
BE EXHAUSTED BY THE INITIAL »iRCTSE THEREOF: THE SAME MAY EE EXeAC4,ED, FROM TIME TO TIME, AS OFTEN AS bt9M0
SHALL DEEM NECFSSp?RY AND DESIRABLE, AND THIS TRUST AGREEMENT SHALL BE A SUFFICIENT WARRANT THEREFORE. THE
UNDERSIGNED ACINOWLEDGE THAT BY AUTHORIZING MEMO TO CONFESS JUDGMENT HEREUNDER, THE UNDERSIGNED HAVE
WAIVED THE RIGHT TO NOTICE IN A FRIOR JUDTCTAL PROVE ING TO DETERMINE THRIR RIGHTS AND LIATi'iT.ITIFS.
THIS GUARAN'T'Y IS GIVEN IN CONNECTION WrM AND EVIDENCES THE OMUGATION OF THE UNDERSIGNED TO MAKE PAYMENT
IN CONNECTION WITH A COMMERCIAL TRANSACTION. THIS GUARANTY IS IRREVOCABLE AND SHALL BE BINDING AND OPERA'xrV E
UNTIL SUCH TIME AS W%MO SHALL HAVE BERN PAID ALT. SUMS OWED TO IT UNDER THE TRUST AGREEMENT AND THAT MAY ARISE
PURSUANT TO THIS GUARANTY.
a Seauity. As furdner eoasidcmtion of appointment by W-140 as its agent, and in ortier to proteet MCM(Ys pnopettp fens converalorn, Tnr&e bereby ganri to MEMO a cotrdnuog
acaidry interonr ? indodvtlj oatcnot l>mitad m dre Tsttstoe's bark eaoaut; iKRYlboty, arrrumtx r?eeeiegbie, asetgOamnt of lase, gt?odcoil artd iimnres aK a6 Tsuaoee loauions. Tttuta9e
aptpea to exwYz 0 dooacrrmu necesaary w creaze ce l>cE6ect arch scox2y;n? iriciu ig but rug (suited to, zc=wded U ndba n Cor=a? C Ir FinancW Stattarrcnt (UCC1(sp file,gs
Fu dreanace, Ivtb"'+40 teams the 0ou to require a4 id m l h as it decreer neecswzy for ongoing approval and fix the dacatiotr el the Tram Agfeaneru In the rurnt Tnuft J=4"
ownership m TAm e'a business in any transaction sarnlar to thost: set firth in paraprh 4(D) hereof, wizhoutpiior notice and apy,xmd by MEMO as set forth $netm Tmsft hcreby gm= a
acc city ineesest in the proceeds of any such Da nwtim ventii such rime m an apprmad acea?krtis te-mrablbihc1
14. Notices, Notices required or pc %iUed under this Trusc Agreement shall be deemed to have been Oven on pancural delivery (including overnight courier senate), and if by
mail on tic third day after the nuil is deposited in care U.S. Marl, by feat class mak postage prepaid reaurn recapt requested and addrmed m ME b40 at 1029 Mumma Rciad,
P.O. 'Am APAI, ('.arnp 94 PA 17001-SM of to Tmatec at the address shown on the Appli adorn (or aucln subsequent address as bas been provided to MEMO by Trustee).
15. Chowe of Last Thos, Trust Ageemietnt shall be oonsoanod uttdw and in aoeocdarree wide the laws of the Coermnormalth of Pas<tsylvan k disregrdmg any rules relamg rn the choice or
canSSet of larva, The parries conse rr cowmre and paccaml jtn:iedictiotn in Cumlx:rland Caortrq, Patnsykvava, of in dhe -of MENTCfs exer6se of rots tuudcr P hs 9 and 11 bateof
in anyod= cautof record in P auray)ewua or &wwhcm
iIS Ca fe wtgr iYVV. Tn,stra s1raH abode by (aznd ea,,.? its of wez, pincraia atd empl ac to abide by3 afl fadmk scam sad loril Taros and Teo a cchs appfciNc to Tnztcc's bums and
scrvim provided They we to include but are not l tmtcd ou (a) Stare licerhiog Laws; (b) the Bash Secrecy Act and its reguladm% (c) Federal casb nporov rcgnai w=ts and reguhoom;
(ct) state Cumenet repormg requiternunn; (e) FedarW and/or Smte w4mmnoey bundcarng }nvc sad ail tmlcs avid regalatiom (t} all q3P" arias mrenay trsas r or sale of ohe& lxwz ad
repolation; W all foaeral and state privacy loon and segulaoons; and (h) the USA Patriot Act
17. Non-Waiftr. The failure of MEMO to enforce anyptovi>eion of d is'1'rust Ageemenc or a &Ave m declare a defa* under dos Trust Ages v=L Aran not mnedbte awairr or arcq breach
of any praewon of this Taut Ageet r =and &hO not prejudice the ripht wrd/ce power of MEMO to pvocoed as f* as if it hid Poe fa cd m enforce any pwos;w of this Tamst Agre"ent.
I& Enformemrnt. In the crept of defatdt mttdtr the tarns of this TrustAo?mmcnt, ! ruatee agrees that MEMO shsD, in addition to sR it:rtiglst have under the Imp, have the right of sang
g,ed4 pedbanzice in the court of equity. Fucdw-e, Trustee agrees to corwnt to the l?Zicrion of a court of equity t g the -&.oenent of this Trust AW=rkmt and/or the
cnf=o rncrA of WIMO(s) fighu in the evmtof any defEAtbyT'*,=c
19. Conn of Earfasccssmm r T'ntstso abA pay, on demand to MLMO at1 costs and expenses inc>L><lirtg rcm;W i6 suor Ws fires ine:am3 by MEMO in. taxveec6- with the enfotxrrnmt of dsss
TruatAgterrnettt .*,4?.,r.,r etexq ix,tha3e all ode gpn? All cov-antr,
20. Constrtsatiom. AA refercnom in di* 1 mist A rreesn nt in the sh9isr shall be constmod to rxk4e due pLralwhea,e spplcile and the
agmenenm and obkgxwns in this T nrst 4g:eeernt assumed by Tnw= shaIl be, and shall be deemed ro bS joint and seve it covet m=. Hesdings of the pu a a* of this Trust Agreement
are for cmwir imm or* and do rust limit, eland, or otherwise construe the pmvit;iorrs or contents of this Tnw Agem3ant: If any part of this TmsstAgreement is held mbe tarn&ucadUc ca
izmAle3 or p rdubi by law, said pat 00 be dcemod to have beco scewiten from due Trost Ajre=tm 2nd the Trust Agteement shaft be trad aid intetpremd as do* the at ndan part did
not emt 2nd sball not affect the viklity or &*vembtity of any odurpart of the Tmst Agreement
21. Assignments and Delegaalon. NIEVO toy assign this Trust ASfcement at any rime without seeking any apprrwal or consent of Trustee. Tnsscee may not Assign Chia
Trust Agrc=wc without prior written 2pprov2l of lNlrMO. This Trust Agreement shall be binding out the respective patties? a?swL wen m Oxir heirs, sucmeors and assigns.
22, Vent= TmK Agt otme m "fbis Tttt.«. Agcernent, taged= wide arty and aII aaachtnasts, addcrm =A m urcA scarcity down-eats and M+ uu m and regasaaom sa enay be pee oAs ted by
htElrfO fee die m nee of and sak of rf mo pr &m; &an am m wm4 shall erxtaatute tlae entire ageomient between the pasties heerta Tl&e we no other og eceme nts or
unde=tmdgig% wnu en or oral betty tlse parries with regxa to the subject mstttir of &s. Tr m Agreement Th= sbaD be rtes modifiraaon% aemmknma, or alterapona on this Trust
Agmnne nt tmkzt agxad toy m wnargg signed by olpuactL This TnAAgree rent dO bard snd imre to the bm+efrt of the patOM dadr respective beim soeemaors, Yepr ves arul proper
assi ps. MEMO and Merchant undemmnd that a cmVktud t[lAx signature x m valid os fhc or4ml
23. Time of iha Emftwo. Tare is of the essence 7n thiu'I'nw Agtcerrtent
WARMING - BY SIGNING THIS PAPe , YOU GIV1E:: UP YOUR RIGHT TO NOTICR AND COURT TRTAT_ TF YOU DO NOT PAY ON TINF, A COURT
JUDGMENT MAY BE TAKEN AGsANST YOU WITHOUT YOUR PRIOR KKOWLEDGE, AND THP- POWER OF A COURT CAN B$ USED TO COLLECT
FROM YOU REGARDLEgS OV ANY CLAIMS YOU MAY IIAVB A xAINSI' TI-IIr' CREDn1oR. MjBTR1ER FOP. PjrrURNED GOODS, FAULTY GOODS,
FAILURE ON T-M PART `M COMPLY VTM TRUST Ate, OR ANY OTHER CAUSE.
C'4 fy
Corporate/Store Nam
1. Sigrtanue (Fitusin?ss)
2. Signanin Jndividm
3. Signature (fndividtta
4. Sif aatur.` (ftidividuall -)
.Date
MRRCHANTS EXPRESS MONEY ORDER COMPANY, INC.
MEMO MONEY ORDER CONLCPANIY, INC.
MERCTIANTS B30>RES.q INA. TNC:,
,4F," AO MONEY ORDER C ANY OF NEW YOM INC.
Ry
Title
Ditc ( lZ Z ?d
Si??rs•:;tu,=(5??:??e.c.• J???2Ge6-tr ?+J
;;rt-o:,r,uC la;nrk,
*If not married, please indicate by afflodag "N/A" in the blase "Signature (Spouse)" area.
2/5/2DO9
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 COURT OF COMMON PLEAS,
Money Order Company, Inc CUMBERLAND COUNTY
PLAINTIFF
V.
Brian Cardonick , 2010
Individually, jointly and severally,
DEFENDANT 1
and : No. 16 ?'33 Cu' l r?Gn?
Miriam Cardonick
Individually, jointly and severally,
DEFENDANT
and
Joo Hyun Kim
Individually, jointly and severally,
And
A Plus Check Cashing II, LLC, d/b/a
A Plus Check Cashing
Limited Liability Company
DEFENDANT
AFFIDAVIT OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Brian Cardonick
60 Shelly Road
Holland, PA 18966
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 H, LLC
60 Shelly Road
Holland, PA 18966
Joo Hyun Kim
2003 Poplar Street
Philadelphia, PA 19130
SWORN to and subscribed
before me this `- l1
of 2010
Notary Pub
SS:
Miriam Cardonick
60 Shelly Road
Holland, PA 18966
Dan Oliva
NOTARIAL SEAL
SHELLEY D HARRIS
WON FupNc
CITY OF HARRIIN K. DAWHIN COWW
My Ct)nWaftdan bpbw Apt 3.2012
819*Ati fl
S f OS ;t tqA Mbggxi ro"Silra YA
04
? •
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 H, LLC, d/b/a
A Plus Check Cashing
Limited Liability Company
DEFENDANT
2010
No. lU - g' 3 3 ?? ???
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 o
Dan Oliva
SWORN to and subscribed
before me this
day of? 2010
,4., t) ?, t I Notary Public
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
NOTARL SEAL
SHELLEY D HARRIS
Notary CITY OF HARRISBURG, AUPHIN COUNTY
My Comm"On EXPIMS Apr 3, 2012
- 4
f
MERCHANTS EXPRESS MONEY ORDER COMPANY, INC. COURT OF COMMON PLEAS,
PLAINTIFF CUMBERLAND COUNTY
V.
BRIAN CARDONICK
Individually, jointly and severally, DOCKET NO.: 2010-4833
DEFENDANT
c?
and
MIRIAM CARDONICK
Individually, jointly and severally, =M X- --
DEFENDANT r-
and Po -iCa
J00 HYUN KIM •??
'
Individually, jointly and severally q
?-
Y ` '
.r.)
?JY..
' 7- .wA
DEFENDANT pr
and
A PLUS CHECK CASHING II, LLC, d/b/a
A PLUS CHECK CASHING, LLC
DEFENDANT
PRAECIPE TO MARK JUDGMENT SATISFIED AGAINST JOO KIM HUYN
TO THE PROTHONOTARY:
Kindly mark the judgment satisfied in favor of the Plaintiff and against
Defendant JOO KIM HYUN only. The judgment shall remain intact as to all other
defendants.
Kevin . Lutkins, Esquire
Attorney for Plaintiff
?a6 96??
CERTIFICATE OF SERVICE
I, Kevin M. Lutkins, Esquire hereby certify that on thin day of January 20121
caused a true and correct copy of the foregoing Praecipe to Mark Judgment Satisfied
Against Joo Kim Hyun to be served via electronic and/or U.S. mail to the following
individuals:
Brian Cardonick
Miriam Cardonick
60 Shelly Road
Holland, PA 18966
A Plus Check Cashing I, LLC
D/B/A A Plus Check Cashing
6837 Torresdale Avenue
Philadelphia, PA 19135
Alan D. Budman, Esquire
1150 Old York Road
Abington, PA 19001
Jon C. Sirlin, Esquire
123 South Broad Street
Suite 2100
Philadelphia, PA 19109
Nicholas Deenis, Esquire
30 Valley Stream Parkway
Malvern, PA 19355
Kevin M. Lutkins, Esquire
Attorney for Plaintiff
Date: January 1Z , 2012