Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-3629
MEMO MONEY ORDER ORDER COMPANY, INC. PLAINTIFF V. Shahnaz Ahmed Individually, jointly and severally, DEFENDANT and Faheemoddin Ahmed Individually, jointly and severally, DEFENDANT and Fuel Expo Inc., doing business as Buckeye Supermarket Corporation DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY /a - % al (21v<< l er*-- 2012 No. =.? : C.; CONFESSION OF JUDGMENT 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: $ 22,632.40 Interest: $ 316.96 Lost Fee Income: $ 3,890.50 Attorney Fees: $ 7,956.87 Total: $ 34,796.73 Kevin M. Lutkins, Esq. Attorney for Defendants ?{(o. oo Pei A 77Y C?K MEMO MONEY ORDER ORDER COMPANY, INC. PLAINTIFF V. Shahnaz Ahmed Individually, jointly and severally, DEFENDANT and Faheemoddin. Ahmed Individually, jointly and severally, DEFENDANT and Fuel Expo Inc., doing business as Buckeye Supermarket Corporation DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY 2012 No. a- COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY COUNT I - CONFESSION OF JUDGMENT (MEMO V. FUEL, SHAHNAZ AND FAHEEMODDIN) 1. Plaintiff is MEMO Money Order Company, Inc., hereinafter "MEMO"), a Pennsylvania corporation wholly owned by Merchants Express Money Order Company, Inc., that engages in the issuance and sale of money orders and whose address is 1029 Mumma Road, Wormleysburg, Pennsylvania, 17043. 2. Defendant Fuel Expo Inc. (hereinafter "Fuel"), is a corporation located at 2982 E. 116th Street, Cleveland, OH 44120, and doing business as Buckeye Supermarket. 3. Defendant Shahnaz Ahmed (hereinafter "Shahnaz"), is an individual residing at 5920 Wild Oak Drive, North Olmsted, OH 44070 and the spouse of Faheemoddin. 4. Defendant Faheemoddin Ahmed (hereinafter "Faheemoddin"), is an individual residing at 5920 Wild Oak Drive, North Olmsted, OH 44070 and the spouse of Shahnaz. 5. Defendants Shahnaz and Faheemoddin are the owners and/or operators of Defendant FUEL and entered into the Trust Agreement on behalf of said Defendant FUEL and themselves on or about December 6, 2011. A true and correct copy of the Trust Agreement under which Defendants Shahnaz, Faheemoddin and FUEL are confessing judgment is attached hereto as Exhibit "A". 6. Defendant Shahnaz and Faheemoddin, with the intent to induce MEMO to enter into a Trust Agreement with Defendant FUEL, agreed to personally guaranty the obligations of Defendant FUEL. A true and correct copy of the Personal Indemnity and Guaranty is incorporated into and a part of the Trust Agreement under which Defendant Shahnaz and Faheemoddin is confessing judgment is attached hereto as Exhibit "A". 7. The forgoing judgment against Defendants Shahnaz and Faheemoddin and FUEL, is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. The Plaintiff has not assigned the Trust Agreement and Personal Indemnity and Guaranty under which judgment is being confessed. 9. The Plaintiff has not entered judgment against Defendants in any jurisdiction for the unpaid sum of $34,796.73 or any additional amount for a total of the debt demanded here. 10. The Defendants jointly and severally acted as selling agents for Plaintiff from December 21, 2011 until March 12. 2012. 11. 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. 12. The Plaintiff attempted to collect the trust funds from Defendants on , (kfi 21 "Z2 ' , ?23 A 1 2012 through an Automated Clearing House (hereinafter "ACH") method. 13. The Plaintiff, or its designated check-clearing banking center did not receive the payment of the trust funds on Agreement. 2012, as required by the Trust 14. 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. 15. Pursuant to the Trust Agreement, the Plaintiff suffered damages by the Defendants conduct as follows: Principal: $ 22,632.40 Interest: $ 316.96 Lost Fee Income: $ 3,890.50 Attorney Fees: $ 7,956.87 Total: $ 34,796.73 16. The Defendants' most recent estimated 10-week sales average equaled 3 / money orders causing Plaintiff Lost Fee Income of $3,890.50 as a result of Defendants' default.. 17. Plaintiff demands judgment in the aforementioned amount as authorized by the Warrant of Attorney contained in the Trust Agreement attached hereto as Exhibit A. 18. The Warrant of Attorney contained in the Trust Agreement is less than twenty (20) years old. WHEREFORE, Plaintiff demands judgment in the amount of $34,796.73, as authorized by the Warrant appearing in the attached Trust Agreement, together interest from the date of judgment and costs. COUNT II - BREACH OF CONTRACT (MEMO V. FUEL, SHAHNAZ AND FAHEEMODDIN) 19. The averments set forth in paragraphs 1 through 18 are incorporated by reference as if set forth in full herein. 20. Defendant Shahnaz and Faheemoddin signed the above referenced Trust Agreement, and the documents appended thereto, on behalf of The FUEL. 21. Defendant Shahnaz and Faheemoddin also signed the above-reference Personal Indemnity and Guaranty Agreement, pursuant to which he made himself personally liable for any default by The FUEL under the Trust Agreement. 22. The failure of Shahnaz and Faheemoddin 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 $34,796.73, 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. FUEL, SHAHNAZ AND FAHEEMODDIN) 23. The averments set forth in paragraphs 1 through 22 are incorporated by reference as if set forth in full herein. 24. The Trust Agreement created fiduciary obligations owed by the Defendant to the Plaintiff. 25. In breach of their fiduciary obligations, Defendant Shahnaz and Faheemoddin: 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. 26. Defendant performed all of the above actins intentionally, willfully, mFaheemoddinciously, and with wanton disregard for the rights of Plaintiff. 27. 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 $34,796.73, 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. FUEL, SHAHNAZ AND FAHEEMODDIN) 28. The averments set forth in paragraphs 1 through 27 are incorporated by reference as if set forth in full herein. 29. Plaintiff avers, on information and belief, that Defendant Shahnaz and Faheemoddin converted the trust funds owed Plaintiff to his own personal uses. 30. Defendant Shahnaz and Faheemoddin'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 $34,796.73, 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. FUEL, SHAHNAZ AND FAHEEMODDIN) 31. The averments set forth in paragraphs 1 through 30 are incorporated by reference as if set forth in full herein. 32. Plaintiff avers, upon information and belief, that Defendant wrongfully retained the trust funds. 33. 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. 34. The Defendant's retention of the benefits conferred by Plaintiff without paying the value of such benefits would be inequitable and unjust. 35. 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 $34,796.73, 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. FUEL, SHAHNAZ AND FAHEEMODDIN) 36. The averments set forth in paragraphs 1 through 35 are incorporated by reference as if set forth in full herein. 37. The Trust Agreement clearly states that all money orders and trust funds are Plaintiff's property. 38. 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. 39. The terms of the "Crust 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. 40. By operation of law, Plaintiff is the owner and Defendant is the trustee for all assets so commingled. 41. 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 $34,796.73, as authorized by the Warrant appearing in the attached Trust Agreement, together interest from the date of judgment and costs. Kevin . utkins, Esq. Attorney for Plaintiff Attorney ID: 76859 Date: VERIFICATION The undersigned individual hereby states that he/she is an employee of Merchants Express Money Order Company, Inc., with the authority to verify the statements contained in the foregoing complaint involving MEMO Money Order Company, Inc., a wholly owned subsidiary of Merchants Express Money Order Company, Inc., a Pennsylvania corporation. 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 unsworn falsifications to authorities. G=? Daniel C. Oliva MERCHANTS EXPRESS MONEY ORDER COMPANY, INC. AND SUBSIDIARIES 1029 Mumma Rd, P.O. Box 8863 Camp Hill, PA 17001- 8863 (800) 922 - 8079 Fax (717) 214 - 5989 www.memoco.COM MONEY ORDERS Trustee Agreement for: Corporation Name: Fuel Expo Inc Store Name: Buckeye Supermarket # of Locations: Address: 2892 E 116th Street City: Cleveland State: OH Zip Code: 44120 Telephone Number: (216)791-133-3 Fax Nutnbcr: E-Mail Address: S kak hat - "m q o2 eo 2? yo.l,,.. - GY) Webstte Address: Legal Entity: © Corporation ? LLC ? Partnership ? Sole Proprietorship Products: ? lfoney Orders ,?,eur ACH Report receipt method: [:1 Fax: Q Email: S1 °`? Q me-Ty Ge w. Instructions: If you are an officer or the owner of 10% or more of the business you will need to sign at one of the red numbered signature areas on the Trust Agreement and the Electronic Funds Transfer. If married, your spouse will need to sign at the corresponding blue numbered spouse signature areas, if not married please notate by affixing N/A in the corresponding blue numbered spouse signature areas. Please attach a voided check for the account NIEMO or its designated representative will 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. FOR INTERNAT. USE ONLY MERCHANTS EXPRESS MONEY ORDER COMPANY, INC. MEMO MONEY ORDER COMPANY, INC. MERCHANTS EXPRESS USA, INC. MEMO MONEY ORDER COMPANY OFNEW YORK, INC. BY Sales Representative Steve Halteanan _ Date Money Orders Lead #,_ 396 Trustee # I (P -?) W hfaclune Type: VeriFone Electra POs PC Send Manual To: Sales Rep (Ousite) Store (Remote) MERCHAN'T'S EXPRESS MONEY ORDER COMPANY, INC., MEMO MONEY ORDER COMPANY, INC., MERCHAN'T'S EXPRESS USA, INC., MEMO MONEY ORDER COMPANY OF NEW YORK, INC., MONEY ORDER TRUST AGREEMENT THIS TRUST AGREEMENT is made between MI RCHANTS EXPRESS MONEY ORDER COMPANY, INC., MEMO MONEY ORDER COMP ANY, INC., MERCFLANTS EXPRESS USA, INC., Pennsylvania Corporations or MEMO MONEY ORDER COMPANY OF NEW YORK, INC., a New York Corporation, or any subsidiary (collectively `2v1EM(Y) 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 Agcerment and intending to be legally bound hereby, the parties agree as follows: Recitals. L 1EN10 is engaged in die issuance and distribution of money orders (herein MEMO products) duough electronic Terminals. B. Trustee desires to sell NT WO products utilizing an electronic Terminal pursuant to die terns of flus Trust Agreement 1. Trustee. MEMO appoints Trustee to act as an agent of NENIO at each of Trustee's retail establishments approved for the sale of MEMO products and drat die relationship between die parties shall not constitute a partnership, joint venture or agency (other than as expressly described heron). Neither NIEMO nor Trustee shall have the authority to make any statements, representations or commitments of arty kind, or take any action, which shall be binding on die other, without die prior written consent of die oilier pity. Trustee accepts such appointment in accordance with die terms and conditions specified in this Trust Agreement 2 Trust Relationship. Tcustte shall receive and hold in trust for NTEN10 all blank money orders delivered to Trustee by NTXIO and all money received by Trustee form die sak of money ordrrs, inrhnrlinvwithntut limitation the monev nrdrr fees rstahFxlird by NfFNTO from time to time t mist finclie 1. Tncstee shall Ihnkd the mist fiends selharare and anart frrxn other Finds of Trustee. The failure of Trustee to hold trust funds separate and apart from any other funds of the Trustee shall, at de option of NT AIO, be a breadi of dos Agreement entitling N EMO to inhnitdiate possession of any account or accounts into wlidi funds received for money order sales from consumers have been deposited and such other remedies, including termination of dvs Agreement, as are provided for herein. 3. Materials Supplied by MEMO. For the sole purpose of selling 1fE1%f0 products pursuant to this Trust Agreement, NiEMO will supply Trustee with the following A. An adequate supply of serially numbered blank money orders. B. An agency installation kit containing the supplies and trainingmatuial required to implement and maintain a MENIO agency relationship. C. Equipment of die quality necessary to allow Trustee to execute all types of transactions govtmed by the Trust Agreement The equipment NIENIO will provide, includes, such equipment that will imprint die money order dollar value and Trustee ID number firmly into the money order so as to inhibit the alteration of suds items. Ad equipment provided to Trustee sliad at all times continue to be tht sole properly of NT'.NIO and shall not be removed from the Trustee's retail establishment where it was originally installed by NTENIO, unless approved by MaN10 iu wuiL rig. -luny otlw r equipmcunlunot owned by NME ,fO and used by Tiustte Lo sell NfE1h O produce; rniLsl be appmvcd by NTENIO. D. R_gul,rory postings, signs, posters, arindow decals and other promotional materials, all of which Trustee agrees to display at 211 tines, in a conspicuous location on die premises- 4. Right to an Accotmtmg. Notwithstanding any other provision of this Trust Agreement, MEMO shall have the right, at all rtasonable 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 Ah accounting of, the cash receipts, fees, die accounting (store) copies of money orders sold if applicable, daily sales reports, die Tmstre's inventory of unissued money orders. A charge will be assessed against Trustee to recover expenses incurred by MEMO when an audit is conducted due to Trustee's breach of dos Trust Agreement or if die audit discloses a breack 5. Rules and Regulations. Trustee shall comply with tine following nhks and regulations. A. Trustee shall not sell or issue a NIEl10 product until Trustee has collected a cash payment in an amount equal to die face amount of the sale or issuance of de XT-MO product plus any additional Amount determined by die retail fee except as otherwise set fords herein. Trustee will only accept cash as payment for allNTFN10 products. No check or other paper transmitted or deposited by Trustee to or for NT EMO shad constinite a remittance to NTENIO until actually collected NTEMO has the option in each case to deposit any such paper for Olltctin- B. Trustee shall safeguard all unissued inventories of all products and NTF.MO provided eq tipment with the highest degree of care. Tlic care exercised in regud to NIEN10 products shied be at least as that applicable to cash. Trustee shad report to 1fEN10 the serial number of eadh money order stolen or missing, mid all other information relating to du event, immediately upon discovery of nix fact, but in Any event not later than twenty-four (24) hours prior to the money orders being presented for payment to MEMO so that payment can be stopped on such missing or stolen money orders. Such report shad be by telephone and immediately confirmed in writing. Trustre shall be solely responsible for 911 losses amen a from, and shad indemnify and hold MEMO harmless regarding any and all stolen or missing items as well as any NTEMO equipment issued to Trustee. Furthermore, Tnnstee shall be responsible for repair or replacement of arty MEN10 issued equipment stolen or damaged as a result of misuse, negligence, abuse, fire or otherwise. Said responsibility and liability of Trustee shall not be limited by Trustee's compliance with the safeguarding; care, and reporting obligations set forth in dvs paragraph- C. Trustee slid at all times maintain a sound financial position and provide current financial information to 11-.1,10 as requested by NIENIO. Trustee shall conduct operations so that the fiends generated from die sale or issuance of money orders, will not be in jeopardy nor seem in the opinion of a reasonable person to be in jeopardy. Trustee sliA cease the issuance and sale of money enders and notify MF;MO immediately, shnnkl s irh jrnpardv arisr. Notifiraticm to MRMO shall hr made pronmlitly by trlrnlxmr and immrdiatriv confirmed in writing. "Sound Financial Condition" shall mean that there has been no material adverse charge in the business, operations, condition (financial or otherwise) or prospects of die Trustee and that neither Trustee or any Guarantor has become insolvent, generally unable to pay its debts as they become due, iuvoluntauly suspended transaction of its business, made a general assignment for die benefit of ueditors, instituted a proceeding described in paragraph 7B or consented to any such order for relict any appointment of to die tatting of possession by any such official of all or any substantial part of its property, declaration, fording or relief described therein, whether or not any such proceeding is instituted, or has taken any action in fudlxrance of any of die foregoing. A lack- of sound friahaal condition shall also incknde when Trustee fails to pay, on the date which the same is due, any sum payable hereunder or fails to pay its creditors generally or makes representations to NT -NfO or to oiler creditors drat it must delay any such payment under conditions which, in the sole discretion of NIEN10, it appears that Trustee is no longer in a sound financial condition. D. Trustee shall provide NTEMO by facsimile transmittal or registered mail 30 days advance notice of proposed change(s) in die 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 5(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 _1f:110. No transaction, discussed in this subparagraph, shall be effective without the prior written approval of NM110. Any attempt by Trustee to effect such a transaction without MEMO approval shall be void ab initio as to MEMO. If Trustee 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 die Trust Agreement. Any change of ownership or other Assignment within the meaning of dvs paragraph shall bind Trustee's successor or assignee to the terms and conditions of this Trust Agreement- E. During the term of dos Trust Agreement, inducting any renewals hereof, Trustee shad sell only NIENIO products at all of Trustee's retail establishments including dnose newly opened or acquired. Trustee must provide MEMO with at kast.30 days notice of its intent to close its business operations or current retail location and to reopen at another location. Trustee shall not utilize NEN10 equipment for any otnerpurpose dean selling3TEAfO products. F. Trustee shad sell NIENfO products only at Trustee's specifically approved places of business or future place of business as approved by NT-N10. Trustee sliaIl not appoint and/or offer the services at or to any entity not aparty to dus'Ihist.Agreemen t G. Trustee must stand ready to complete ad transactions conterrgnlated by this Trust Agreement at all tines when the Trustee's business is open. Failure to do so shall constitute a breach of dvs T rust Agreennrnt No funds received by Trustee shall be subject to attachmen t; levy of execution, or sequestration by order of any court, except for the benefit of MEMO. H. Trustee is prohibited from unauthorized use of MEARYs name, logo, trademaji: and/or service mark without MEMO spuorwrittei consent L No MEMO products shad be issued or sold to Anyone in payment of any obligation of Tnssree, owner or guarantor or used in any manner for Trustee, owner or guarantor's own purposes, except as allowed by NTENIO. 1- Trustee shall sell money orders in strict numerical sequence in accordance with die number printed on each blank money order. The face amount of any money order sold by Trustee sliall not exceed die sum Of $ 5110.00 MEMO may deliver blank money orders to Trustee, or to any agent, employee or representative of Trustee, by whatever means N-EN10 deems appropriate, And MEMO is authorized to receive and issue a receipt for blank money orders on behalf of Tnnstee. AD voided money orders must bt voided through die electronic money order dispenser during the sale date only to avoid diugrs to Trustee's account If a voided money order is not voided in die money order dispenser, Trustee shall write, "NOT USED FOR PURPOSE INTENDED" on die backside of the original money order and deposit true money order into Trustees bank account. hf Trustee shouted write 'E acid" ern the face of doe original nmwney order, Trustee shad furwud the original voided nuvney order to die ? E %10 office and NMMO will issue a refund to Trustee in the form, of a replacement money order. Trustee shad ensure that die electronic money order dispenser is available for NTEMO to electronically transmit polling data on a daily basis. If de electronic money order dispenser does not poll consistently, Trustee must provide MEMO with the money order sales date manually as requested Trustee ensures that die electric money order sales dispenser is always tuned on and always properly connected to a dear telephone line during electronic polling transmission times. Mmmey Order Fetc. Tmm?sir?rratinn of the thnrdllrts rmmvided to Tnmster by h.4RA4O, Tnastrr shall nay 1u4A1s4C) a fee as snerifird in this paragr-almh ?u4nnrv Order fern shall hr hasrd tmpnn the average weekly volume of 50 Money Orders sold by Trustee. Trustee's Money Order fee s1haIl be S_ per item at maximum retail selling price of 5?. Additionally, a money order dispenser fee of S?ATLA_ per week/month shall apply plus applicable taxes. For Trustees paying a weekly money order dispenser fee the money order dispenser fee shall be included with one of the Trustee's regtilady scheduled ACH draft(s) detemrined by MEMO. For Trustees paying a mondhly money order dispenser fee, the monthly money order dispenser fees slhall be included on the next regularly scheduled ACH draft following the last calendar day of a particular month. The minimum monthly revenue generated by Trustee's account must equal S 50.00 `per month beginning with die first full month's money order sales period following money order agency installation. Tle difference between die minimum monthly revenue and a combination of per item money order fees/money order dispenser fees will be calculated monthly, reported via debit transmittal notice approximately three weeks following the dose of a calendar month, and will be drafted one week thereafter as part of Trustee's regular ACH draft h4oney Order fees may be modified by at any time upon thirty (iQ) days written notice to Trustee or when 114EA40's ten week sale s analysis indlicatrs per item weekly volume not consistent with MEMO's fee rate schedule. Tnnat Fum h Re...:rra,,. by r echo. Funds Tnasfer. Anv Trustee utilizing electronic monev order dispensing equipment will be forwarded a monev order Sales Summary Report MEMO mav, at anv time upon dirty (A) davs written notice to Trustee, alter or change die Trustee's Reporting Day, number of Reporting Days, die ACH /Ware day and/or the number of ACH/Wrre days, prior to the close of the sales reporting day. The money order Sales Summary Report will reflectmoney order sales for die applicable reportingperiod. SALES PERIOD: BEGINNING DAY ENDING DAY REPORTING DAY ACH / WIRE Trustee will be provided all pertinent reporting information on the money order Sales Summary Report As indicated above, MEMO well initiate an electronic transfer of funds due MEMO, including the face value of money orders sold, plus applicable fees due MEMO, from Trustee's bank account to MEMO's bank account if'1'rustee's method of remittance is via wire, `1 iustee will initiate a wire transfer of applicable money order sales proceeds plus applicable money order fees from Tnmstee's money order Test Account to the designated MEMO bank deposit accountpnor to 2:W PM on die designated remittance day. All funds due MEMO must be included with die remittance when due as identified as above. All outstanding statrmentbalances due at this time must be included with remittance, including debits due MEMO. If Trustee changes banks and/or bank accounts as identified in the Trustee's EFT agreement, Trustee shall immediately infoi mm MEMO of such change by telephone and promptly confirm in writing. This amungtment shall not be revoked unless all funds due MEMO are paid in hull. If Tnstee dd not sell any money orders during the Sales Period, the Trustee must still remit payment for outstandingbalances as notified by MEMO. On and mondliiy of each week, MEMO will cakatate a money order sales total from daily data obtained from Trustee via electronic polling transmission of die mon ey order dispenser. htER10 will forward to Money Order Sales Summary Report to Tnstm as stated above- Trustee slid reconcile the Money Order Sales Summary Report with its records and inform MEMO of any differences. Trustee must retain the accounting (store) copies if applicable, at its location for a period of three months form the reporting period. Trustee shall forward to accounting (store) copies, if applicable, to the MEMO office upon request If the accounting (store) copies are not requested during die three month retention period, Trustee shall diu:ard die accounting (store) copies at its own discretion. S. Term of Agreement The teen of this Trust Agreement shall nn for a period of five () years from the date of this Tnmst Agreement and slhall renew automatically for successive five (S) year periods. After the initial five (5) year term of this Trust Agreement, Trustees may t=mmmate this Trust Agreement upon sit (6) months prior written notice to MEMO, and MEMO may terminate dus Trust Agreement upon suety (GO) days prior written notice to Trustees. In the event Trustee does not provide proper teanination notice, Trustee shall be responsible for lost fee income to MEMO for the duration of to contract in effect Fee income shall be calculated using Tru te s most recent 10-week sales average, for all MEMO products. Notwithstanding the foregoing MEMO may terminate this Trust Agreement at any time, or any location covered by this Trust Agreement; immediately and without notice, and/or enter judgment according to the provisions of Path 11 hereof, upon the happening of any of die following events: rL MEMO and/or its desigpatrd banking center or its designated representative does not receive de accounting documentation or payment of bust funds and applicable fees, widest die time period and on die tears spec&d in this Trust Agreement B. Trustee or any Guarantor commits any act of insolvency, or upon die filling by Trustee or any Guarantor of any petition under any bankruptcy, reorganization, insolvency, or moratonanzn law, or any law for the relief of, or relating to debtors; or de filling of any involuntary pelitirn against Trustee under any bankruptcy statutt, or the appointment of a receiver or Trustee to take possession of de property or assets of Trustee; or the subjection of die Trustee's property or assets to any levy, seizure, assignment or sale for or by any creditor or govemmrntal agency. C. The non-performance by Tnstee of any obligations of Trustee pursuant to this Trust Agreement D. Tnstees misrepresentation of any MEMO product of service. The happening of any foregoing events shall be a default under this Trust Agreement and, without notice from MEMO, constitute a default under any and all otter agreements MEMO may have with Trustee, Trustee's guarantor, and any entity controlled by Trustee or Twstre's guarantor. In the event NTA,40 terminates this Tnmst Agreement due to a default Trustee slhall be responsible for lost fee income to MEMO for the duration of the contract in effect, in accordance with the terns of dos paragraph. 9. Tetmroafion. Upon the aspiration, termination, cancellation or breach of this Test Agm mmt, Tnstre will realm any and all, NIEN10 equipment and any and all materials or documents, unused pro lu as provided to Tnstte by MEMO purse ant to dis Tr st Agreement inammtdiab4 upon Trustee's rec:tipt of a. written denushd notice by MEMO. MEMO may charge Trustee for dhc cwt of any and all unused, unretumcd or danmagcd cquipment;products iu:hrling cost of nposstssion. In its suit discretion and not v itstundimg any uther provision of tic Trust Agreement to one contrary, MEMO may immediately trrminatr this location or any location covered by this Trust Agreement in the event MEMO determines that compliance with this Trust Agreement would cause MEMO or any of its affiliates to violate or potentiallyviolate any local, state or federal law or regulation or any court order or if it appears to MEb40 to be in its or the Trustee's best interest and Trustee agrees to stop selling MEMO products immediately after receiving notification of trrhination. Upon de expiration, terination, cancellation or breach of this Trust Agreement, Trustee immediately shall deliver to MEMO as requested all cash receipts from MEMO products, sold or issued fees, including any and all odor outstanding balances due MEMO, accounting (store) copies of money orders issued if applicable, duly sales reports for all MEMO products. In the event that Trustee fails to return such items immediately, Trustee hereby authorizes MEMO or its representatives or appointed designees to appear at Trustee's place ofbusiness and peaceably obtain custody of all such property listed herein, alternatively die costs of any repossession by MEMO shall be borne exclusively by dine Trustee. Al obligations, obligations for transactions, covenants, liabilities, and indemnities of Trustee hereunder shall survive the expirittion or temairmhon of this Test Agreement Any traination notice, eider orally or in writing, provided by MEMO for any reason other than de expiration of this Tnst Agreement shall be effective as of the happeing of any such event casing termination under paragraph 7 hereof or upon the entry of con fessed juxdginent, whichever first nrrnhrs. ?`Tt?.?t:4n make take any artirm lrnally pertnittrri to prrvenf the mmaudumrizerd sale r±r issnan!r nf'\4RA,40 prnrdrurts, mrfirlinrrhnt nn limited tin, "Inrkrkhwn" earl./mar remnu?al of MEMO equipment and de removal of mused MEMO products and equipment 10. CONFESSION OF JUDGMENT. TRUSTEE HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD, UPON OR AFTER THE OCCURRENCE OF ANY EVENT DESCRIBED IN PARAGRAPH 7, TO APPEAR FOR AND TO CONFESS OR ENTER JUDGMENT AGAINST TRUSTEE FOR THE FACE AMOUNT OF ALL MEMO PRODUCTS SOLD PURSUANT TO THIS TRUST AGREEMENT, THE APPLICABLE FEES, ACCRUED INTEREST ITIERBON, U41 EREST EXPENSE NOT TO EXCEED EIGHTEEN PERCENT (IWI.), AND FOR ANY OTHER SUMS DUE MEMO UNDER THIS TRUST AGREEMENT, TOGETHER WITH EXPENSES AND COST OF SUIT AND REASONABLE ATTORNEY'S FEES AND SAID FEES NOT TO EXCEED THIRTY PERCENT (30%a) OF SAID AMOUNT AND SUMS, FOR COLLECTION AS PROVIDED HEREIN INCLUDING ALL LEGAL FEES INCURRED IN ANY BANKRUPTCY OF TRUSTEE FOR SUCH PURPOSE, THIS TRUST AGREEMENT OR A COPY HEREOF VERIFIED BY AFFIDAVIT BY TRUSTEE OR ON BEHALF OF TRUSTEE BY SAID ATTORNEY, PROTHONOTARY OR CLERK SHALL BE SUFFICIENT WARRANT. THE REMEDIES OF MEMO AS PROVIDED HEREIN AND THE WARRANTS OBTAINED HEREIN SHALL BE ENFORCED IN ACCORDANCE WITH THE TERMS OF THIS TRUST AGRE M[ENT AND MAY BE PURSUED SINGLY, SUCCESSIVELY, OR TOGETHER AT THE SOLE DISCRETION OF MEMO AND AS OFTEN AS OCCASION THEREFORE SHALL OCCUR. THE FAILURE TO EXERCISE ANY SUCH RIGHT OR REMEDY SHALL IN NO EVENT BE CONSTRUED AS A WArVER OR RELEASE THEREOF. THE AUTHORITY AND POWER TO APPEAR FOR AND CONFESSOR ENTER JUDGMENT AGAINST TRUSTEE SHALL NOT BE EXHAUSTED BY THE INITIAL EXERCISE THEREOF, AND THE SAME MAYBE EXERCISED, FROM TIME TO TIME, AS OF-LEN AS MEMO SHALL DEEM NECESSARY AND DESIRABLE, AND THIS TRUST AGREEMENT OR A COPY HEREOF SHALL BE A SM"CIFNT WARRANT THEREFORE ONE OR MORE JUDGMENTS MAYBE CONFESSED OR ENTERED IN THE SAME OR DIFFERENT COUNTIES FOR ALL OR PART OF THE SUMS DESCRIBED IN THIS PARAGRAPH. IN THE EVENT ANY JUDGMENT ENTERED AGAINST MERCHANT HEREUNDER IS STRICKEN OR OPENED UPON APPLICATION BY OR ON TRUST'EE'S BEHALF FOR ANY REASON WHATSOEVER, THEN ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IS HEREBY AT IORIZED AND EMPOWERED TO AGAIN APPEAR FOR AND CONFESS OR ENTER JUDGMENT AGAINST TRUSTEE; 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 ONLY TO THE EXTENT THAT SUCH ERRORS ARE SUBJECT TO CURE IN THE LATE PROCEEDINGS. TRUSTEE ACKNOWLEDGES THAT BY AUTHORIZING MEMO TO CONFESS JUDGMENT HEREUNDER, TRUSTEE WAIVES THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE IT RIGHTS AND LIABILITIES. TRUSTEE FURTHER ACKNOWLEDGES THAT MEMO MAY OBTAIN A JUDGMENT AGAINST TRUSTEE WITHOUT TTS 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 MAKE MEMO PRODUCTS AVAILABLE TO THE TRUSTEE. 11. Liability. Trustee, regardless of Trustees freedom from negligence or other fault, shall be absolutely liable: To make remittance to.%iEMO of die tact amount for all MEM0 products sold, the apphcablc tees, and all other mores due lib'..\4U under this Trust Agreement, regardless of die mysterious or non- mysterious disappearance or loss of anv funds from Trustee's possession by reason of the honest or dishonest act of anyperson, act of God, or otherwise. B. To remit to MEN10 the total amount of all sums of money that may be expended by or for .MEMO in paving any I EMO products delivered by MEMO to Trustee that are subsequently presaited forpaynhent, wlhedher or not-,\fE%10 is kgdy liable to pay dre same. This subparagraph shall not apply to any MEMO products as to which Trustee slid have fullyperfomued Tnusee's duties under this Trust Agreement C MEMO Liability. Fxcept as provided in this Trust Agreement, NT-MO makes no warranties whether express, implied or statutory in crnnection wide this Thirst Agreement MEMO expressly disclaims all warranties of merclhuutability and fitness for a particular purpose. XTN10 shall not be responsiblt or liable for any lost profits, consequential, special or punitive, exemplary or incidental damages resulting from the failure of die Product(s). The sole and exclusive liability of MEMO to Trustee and mnedv of Trustee hereunder (including negligence) shaD be general monetary damages not to exceed dre amount of the itrin that is the subject of the claim or dispute, regardless 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 Wl?ATIII R. THE UNDERSIGNED INDIVIDUAL DOES PERSONALLY GUARANTr". E 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 TALI BY MEMO AGAINST TRUSTEE (AND/OR GUARANTOR). THE UNDERSIGNED HEREBY WAIVE ALL NOTICES WHATSOEVER WITH RESPECT TO THIS GUARANTY EXCEPT FOR NOTICE OF DEMAND FOR PAYMENT FROM THE UNDERSIGNED. THE UNDERSIGNED HEREBY CONSENT TO THE TAKING OF, OR THE FAILURE TO TAKE, FROM TIME TO TIME WITHOUT NOTICE TO THE UNDERSIGNED, ANY ACTION OF 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 PERC&IT (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 MAKE 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_ Severity. As further consideration of appointment by.\T!AIO as its agent, and in order to protect D1Eit1(ys property from comers m, Trustee hereby grants to 1% 110 a continuing security interest in, including but not limited to the following Trustee's bank account, inventory, accounts receivable, assignment of lease, goodwill and fixtures at all Trustee locations. Trustee agrees to execute all documents necessary to crew orperfect suclh security interest, including but not limited to, recorded Uniform Commercial Code-Financial Statement (UCCI (s)) filings. Furtltemrort, \1EM0 reserves to right to require additional collateral as it deems necessary for ongoing approval and for the duration of die Trust Agreement In the event Trustee changes ownership in Trustee's business in any transaction similar to those set forth in paragraph 5(D) lrtreof, widroutprior notice and approval by MEMO as set forth therein Trustee hereby grants a security interest in the proceeds of amv such transaction until such time as an approved account is re-establislhed. 14. Notices.- Notices required or pemutted under this Trust Agreement shall be deemed to have been given 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 retunh 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 3f MO by Trustee). 15. Choice of Law. This Trust Agreement shall be construed under and in accordance with flit laws of die Cor=onwealdh of Pennsylvania, disregarding any rules relating to die choice or conflict of laws. The parties consent to venue and personal jurisdiction in Cumbedand County, Pennsylvania, or, iu the case of NT-',40s exercise of tights under paragraphs 9 and 11 hereof in any other court of record in Pennsylvania or elsewhere. 16. Compliance with law. Both NIEN10 and Trustee are subject to and shallab de by (and cause its officers, principals and employees to abide by) all federal, state and local laws and regulations applicable to their respective businesses and services provided. They are to include but are not limited to: (a) State I-icensing Laws, (b) die Bank Secrecy Act and its regulations; (c) Federal cash repotting requirements and regulations, (d) State Currency reporting requirements; (e) Federal and/or State anti-money laundering laws and all rules and regulations, (f) all applicable state money transferor sale of clheck laws regulation and administrative agency rulings and/or orders, (sb all federal and state privacy laws and regulations, and (h) the USA Patriot Act 17. Non-Waiver. Tint failure of NT-\10 to enforce anyprovisiah of tb s Trust Agreement or its failure to declare a default under this Trust Agreement slid not constitute a waiver or any breach, of anyprovision of dus Thirst Agreement and shall notpr judic_e die right and/orpower of -MEXI0 to proceed as fully as if it had not failed to enforce anyprovuion of this Trust Agreement M • F3if&rn cot Tn die event of default iuider die trims of this Tntd Agreement, Tnwrr. agrnrs that?0FA1O shall, in addition to all rights it might have under die law, have clue right of seeking specific performance in the court of equity. Frutheanore, Trustee sprees to consent to the jurisdiction of a court of equitv rg7arding die enforcement of this Trust Agreement and/or the enforcement of 1tffiM0(s) rights in die event of any default by Trustees. 19. Cost of Enforcement Trustee shall pap, on demand to MEMO, all costs and eypenses including reasonable attorney's fees incurred by MEMO in connection with the enforcement of dos Trust Agreement 20. Construction. All references in this Trust Agreement in the singular shall be construed to include the phind where applicable and du masculine shall include all other genders. All covenants, agreements and obligations in this Trust Agreement assumed by Trustee shall be, and shall be deemed to be, joint and several covenants. Headings of the paragraphs of des Trust Agreement are for convenience only and do not limit, expand, or otherwise construe the provisions or contents of this Trust Agreement If any part of this Trust Agreement is held to be unenforceable or invalid or prolnbited by law, said part shall be deemed to have been stricken from die Tout Agreement and die Tmst Agreement shall be read and interpreted as though the strirlen part did not exist and shall not affect the validity or enforceability of any other part of the Trust Agreement The s4nahues of all individual(s) cn dos document, odher dhan dense representing AiEMO, shall be construed to be or behalf of due business acting as Trustee and the individual(s) acting as both Trustee and Guarantor of all funds due MEMO under dhis Trust Agreement 21. Assignments and Delegation. MEMO may assign this Trust Agreement at any time without seeking any approval or consent of Trustee. Trustee may not assign this Trust Agreement without prior written approval of MEMO. This Trust Agreement shall be binding on die respective parties as well as their heirs, successors and assigns. 22 Entire Tout Agreement This Trust Agreement, together with any and all attachments, sddendums, related security documents and such rules and regulations as may be promulgated by AIEMO for the issuance of and sale of XMN40 products from time to time, shall constitute the entire agreement between the parties lureto. There are no other agreements or understandings, written or oral, between the parties with respect to the subject mattes of this Trust Agreement There shall be no modifications, amendments, or alterations to this Trust Agreement unless agreed to in writing, signed by all parties. This Trust Agreement shall bind and inure to die benefit of die parties, their respective heirs, successors, representatives and proper assigns. MEMO and Merchant understand that a completed telefae signature is as valid as du original. 23. Time of the Essence. Time is of the essence in this Trust Agreement WARNING - BY SIGNING THIS PAPER, YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE, AND THE POWER OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH TRUST AGREEMENT, OR ANY OTHER CAUSE. Corporate/Stom Name: Fuel Expo Inc z/ 1. SirnhatneY tRnci:heel Fsh,hnaz mod IGN HERE Z. Sigrhanue (Indiu>idually) Sit??nattue (Spo Shahnaz Ahmed SIGN HERE hahnaz Ahmed's SPOUSE SIGN HERE 3. Signature (Irh(ividuA,) 4. Signature (Indalichu ll ,) Signature= (Spouse) Signature (Spouse) Please enter the date Date: I - /(, I Ill you are signing the contracts MERCHANTS EXPRESS MONEY ORDER COMPANY, INC. MEMO MONEY ORDER COMPANY, INC. MERCHANTS EXPRESS USA, INC. ME!:Iq?-Z,fONEY ORDER COMPANTY OF NEW YORKy INC. *If not married, please indicate by affixing "N/A" in the blue "Signature (Spouse)" area. 12/1/2011 MEMO MONEY ORDER ORDER COMPANY, INC.. PLAINTIFF V. Shahnaz Ahmed Individually, jointly and severally, DEFENDANT and Faheemoddin Ahmed Individually, jointly and severally, DEFENDANT and Fuel Expo Inc., doing business as Buckeye Supermarket Corporation DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY is - 3 roa9 ???? t No. 2012 AFFIDAVIT OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND - co ? ; The undersigned being duly sworn according to law, deposes and states that he is an employee of Merchants Express Money Order Company, Inc., with the authority to make this Affidavit on behalf of the Plaintiff, MEMO Money Order Company, Inc. 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: Fuel Expo Inc. 2892 E 116th St. Cleveland, OH 44120 SWORN to and subscl before rkle this , Nay of 2012 Faheemoddin Ahmed 5920 Wild Oak Dr. North Olmsted, OH 44070 Daniel C. Oliva NOTARIA! SEAL SHELLEY D HARRIS Notary Public CITY OF HARRISBURG, DAUPHIN COUNTY My Commission Expires Apr 3, 2012 Shahnaz Ahmed 5920 Wild Oak Dr. North Olmsted, OH 44070 MEMO MONEY ORDER ORDER COMPANY, INC. PLAINTIFF V. Shahnaz Ahmed Individually, jointly and severally, DEFENDANT and Faheemoddin Ahmed Individually, jointly and severally, DEFENDANT and Fuel Expo Inc., doing business as Buckeye Supermarket Corporation DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY ia- 3(,0a-9 Llivi e!" 2012 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 Merchants Express Money Order Company, Inc., with the authority to make this Affidavit on behalf of the Plaintiff, MEMO Money Order Company, Inc. 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 ofh 2m- z:= Daniel C. Oliva SWORN to and su c 'bead before this Of 2 12. NOTARIA', SEAL C, SHELLEY D HARRIS Notary Public FCITY HARRISBURG, DAUPHIN COUNTY Notary PU 1C mmissi on Expires Apr 3, 2012 MEMO MONEY ORDER ORDER COMPANY, INC., PLAINTIFF V. Shahnaz Ahmed Individually, jointly and severally, DEFENDANT and Faheemoddin Ahmed Individually, jointly and severally, DEFENDANT and Fuel Expo Inc., doing business as Buckeye Supermarket Corporation DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY / /a - 319 ?ivi 1 E k 2012 No. NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. G TH If you have any questions concerning the above, please contact: Kevin M. Lutkins, Esq. Merchants Express Money Order Company 1029 Mumma Road P.O. Box 8863 Camp Hill, PA 17001-8863 (800) 543-8207