HomeMy WebLinkAbout12-3630Merchants Express
Money Order Company, Inc.
PLAINTIFF
V.
Abdul Qadus
Individually, jointly and severally,
DEFENDANT
and
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
a, 3(x30 avit"'ters-
No.
Anwar Sultana
Individually, jointly and severally,
DEFENDANT
and
Spring Valley Food Mart
Partnership
DEFENDANT
CONFESSION OF JUDGMENT
2012
v
i
i?
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: $ 46,981.41
Interest: $
Lost Fee Income: $ 7,591.32
Attorney Fees: $ 16,371.82
Total: $ 70,944.55
evin utkins, Esq.
Attorney for Defendants
V& oo PO An Y
Pit C?7 (osr.r
446-e l&'lecl'
Merchants Express
Money Order Company, Inc.
PLAINTIFF
V.
Abdul Qadus
Individually, jointly and severally,
DEFENDANT
and
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
2012
No. 0-'
Anwar Sultana
Individually, jointly and severally,
DEFENDANT
and
Spring Valley Food Mart
Partnership ;
DEFENDANT
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
r
COUNT I - CONFESSION OF JUDGMENT
(MEMO V. SPRING VALLEY, OADUS SANTANA AND GHANNI)
1. Plaintiff is Merchants Express Money Order Company, Inc., hereinafter "MEMO"), a
Pennsylvania Corporation that engages in the issuance and sale of money orders and whose
address is 1029 Mumma Road, Wormleysburg, Pennsylvania, 17043.
2. Defendant Spring Valley Food Mart, (hereinafter "SPRING VALLEY"), is a
partnership located at 343 Allen Street, Springfield, MA 01108.
3. Defendant Abdul Qadus (hereinafter "Qadus"), is an individual residing at 2 Depot
Road, Apartment 2, Oxford, Massachusetts 01540 and the spouse of Sharifa Hussein Santana.
4. Defendant Anwar Sultana (hereinafter "Santana"), is an individual residing at 2 Depot
Road, Apartment 2, Oxford, Massachusetts 01540 and the spouse of Abdul Qadus.
5. Defendant Manzoor Ghanni (hereinafter "Ghanni"), is an individual residing at 2
Depot Road, Oxford, Massachusetts 01540 and the partner of Abdul Qadus.
6. Defendants Qadus, Santana and Ghanni are the owners and/or operators of Defendant
SPRING VALLEY and entered into the Trust Agreement on behalf of said Defendant and
themselves on or about June 10, 2011. A true and correct copy of the Trust Agreement under
which Defendants Qadus and SPRING VALLEY are confessing judgment is attached hereto as
Exhibit "A".
7. Defendants Qadus, Santana and Ghanni, with the intent to induce MEMO to enter
into a Trust Agreement with Defendant SPRING VALLEY, entered into the Personal Indemnity
and Guaranty on or about June 10, 2011. A true and correct copy of the Personal Indemnity and
Guaranty under which Defendants Qadus, Santana and Ghanni are confessing judgment is
attached hereto as Exhibit "B".
8. The forgoing judgment against Defendants Qadus, Santana and Ghanni and SPRING
VALLEY, 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 $70,944.55 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 January
21, 2004 until August 24, 2011.
12. Pursuant to the Trust Agreement, Defendants are required to hold all monies received
by them from the sale of money orders, including money order fees (hereinafter "trust funds"),
separate and apart from other funds of the Defendant for collection by the Plaintiff through
electronic or other means.
13. The Plaintiff attempted to collect the trust funds from Defendants on or about March
10, 2011, through an Automated Clearing House (hereinafter "ACH") method.
14. The Plaintiff, or its designated check-clearing banking center did not receive the
payment of the trust funds on April 30, 2012, 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: $ 46,981.41
Interest: $
Lost Fee Income: $ 7,591.32
Attorney Fees: $ 16,371.82
Total: $ 70,944.55
17. The Defendants' most recent 10-week sales average equaled 79 money orders causing
Plaintiff Lost Fee Income of $7,591.32 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 $70,944.55, 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. OADUS, SANTANA AND GHANNI)
20. The averments set forth in paragraphs 1 through 17 are incorporated by reference as if
set forth in full herein.
21. Defendants Qadus, Santana and Ghanni signed the above referenced Trust
Agreement, and the documents appended thereto, on behalf of The SPRING VALLEY.
22. Defendants Qadus, Santana and Ghanni also signed the above-reference Personal
Indemnity and Guaranty Agreement, pursuant to which he made himself personally liable for any
default by The SPRING VALLEY under the Trust Agreement.
23. The failure of Defendants Qadus, Santana and Ghanni 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 $70,944.55, 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. QADUS, SANTANA AND GHANNI)
24. The averments set forth in paragraphs 1 through 21 are incorporated by reference as if
set forth in full herein.
25. The trust Agreement created fiduciary obligations owed by the Defendant to the
Plaintiff.
26. In breach of their fiduciary obligations, Defendants Qadus, Santana and Ghanni:
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. Defendant 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 $70,944.55, 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. OADUS, SANTANA AND GHANNI)
29. The averments set forth in paragraphs 1 through 26 are incorporated by reference as if
set forth in full herein.
30. Plaintiff avers, on information and belief, that Defendants Qadus, Santana and Ghanni
converted the trust funds owed Plaintiff to his own personal uses.
31. Defendants Qadus, Santana and Ghanni'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 $70,944.55, 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. OADUS, SANTANA AND GHANNI)
32. The averments set forth in paragraphs 1 through 29 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 $70,944.55, 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. OADUS, SANTANA AND GHANNI)
37. The averments set forth in paragraphs 1 through 34 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 $70,944.55, as authorized by
the Warrant appearing in the attached Trust Agreement, together interest from the date of
judgment and costs.
lev?i?n_. Lutkins, Esq.
Attorney for Plaintiff
Attorney ID: 76859
_G?/ P/7
Date:
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. 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.
co_ _._._..._.__._..
Dan Oliva
EXHIBIT A
MIEMO
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.MCM000.COM
MONEY ORDERS Trustee: Agreement for:
Corporation Name:
Store Name: Sig Valley Food Mart
# of Locations:
Address: 343 Allen Street City: Springfi l State: MA Zip Code: 01108
Telephone Number: (413) 858 -1945 / (508 579 - 2135 Fax Number: g l9 V
E-Mail Address:
Legal Entity: ? Corporation ? LLC Partnership
Products: [N Money Orders
Website Address:
? Sole Proprietorship
ACH Report receipt method:9 Fax: ql , bs refW,-
Instructions:
? Email:
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 MEMO 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 INTERNAL USE ONLY
MERCHANTS EXPRESS MONEY ORDER COMPANY, INC.
MEMO MONEY ORDER COMPANY, INC.
MERCHANTS EXPRESS USA, INC.
MEMO MONEY ORDER COMPANY OF NEW YORK, INC.
BY
Stiles Representative TolviTones
Money Orders Lead # _24216__
Trustee # 1 to 0191
Nfachme Type: VenFone Electra
Date
If A4advne Type Is Electra Star punter? _Yes _No
Send NfaniW To: Sales Rep Warehouse
,VF,R-CTdANTS EXPRESS MONEY ORDER COMPANY, INC., MEMO MONEY ORDER COMPANY, INC., MERCHANTS EXPRESS
1'SA, INC., MEMO MONEY ORDER COMPANY OF NEW YORK, INC., MONEY ORDER TRUST AGREEMENT
THIS TRU 3T _1C4u,,F_ IFNT is made between MERCHANTS EXPRESS MONEY ORDER COMPANY, INC., MEMO MONEY ORDER COMPANY,
INC., ?v!ER CH:4N TS FKTTESS USA, INC., Pennsylvania Corporations or MEMO MONEY ORDER COMPANY OF NEW YORK INC., a New York
Corporatist, of :my subsidiary ;Collectively `M[EM&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 Agreeernent and intending to be legally bound hereby, the parties agree as follows:
Ruitals.
A MEMO is engaged in the issuance and distribution of matey orders and gift certificates (heron NEM10 products) through electronic Tea rtinals.
B. Trustee desires to sell 1ENIO products utilizing an electronic Terminal pursuant to de terns of this Trust Agnxrnent
1. Trustee NE\10 appoints Trustee to act as an agent of NENIO at each of Trustee's retail establishments approved for die We of MEMO products and that the relationship between the
Parties shall not constitute. a partnership, joint venture or agency (oilier than as epressly described herein). Neither NE\f0 nor Tnmstee shall have the authority to make any statements,
representations or commitments of any kind, or take any action, which shall be bindingon the odor, widmou t the prior written consent of die other Party. Trustee accepts sudm appointment
in
accordance with the terms and conditions specified in this Trust Agreement
2 Trust Relationship. Trustee shall receive and hold in trusr for MEMO all blank money orders delivered to Trustee by NEN10 and all money received by Trustee form die sale of money
orders, including without limhitabon die money order fees a stabfisbed by NEM10 from time to time C Umt fiends'). Trustee shall hold the trust funds separate and apart from other funds
of
Trustee. The failure of Trustee to hold trust funds separate and apart from any odor funds of the Trustee shall, at the option of MEMIO, be a breach of this agreement entiduig NEN10
to
immediate possession of aiy account or accounts into which funds received for money order sales from consumers have been deposited and such other remedies, including termination of
this Agreement, as are provided for herein.
3. Materials Supplied by MEMO. For the sole purpose of selling MEMO products pursuant to this Trust Agreement, \1EM0 will supply Trustee with the following.
A. An adequate supply of serially numbered blank money orders and/or gift certificates.
B. An agency installation kit containing due supplies and trainingmaterial required to implement and maintain a .\EItJO agency relationship.
C. Equipment of the quality necessary to allow Trustee to execute all types of transactions governed by the Trust Agreement The equipment NEN10 will provide, includes, sudh
equipment that will imprint the money order and/or 0 certificate dollar value and Trustee 1D number firmly into die money order or gift certificate so as to inhibit the alteration of
such items. All equipment provided to Trustee shall at all times continue to be die sole property of DEMO and slid not be removed from the Trustee's retail establishment where it
was originally installed by NENIO, unless approved by MEMO in whiting. Any other equipmentnot owned by 1 •EMO and used by Trustee to sell MEMO products must be
approved by MEMO.
D. Regulatory postings, signs, posters, window decals and other promotional materials, all of which Trustee agrees to display at all times, in a conspicuous location on de promises.
4. Right to an Acernmting. Notwithstanding any other provision of this Trust Agreement, MEMO shall have the right, at all reasonable times, with or without notice, to access Trustee's
premises and to inspect and perform an accounting of, or cause its employees or agents to inspect and perform an accounting of, die cash receipts, fees, die accosting (store) copies
ofmoney
orders and gift certificates sold if applicable, daily sales reports, the Trustee's inventory of unissued money orders and/or gift certificates.. A charge will be assessed against Trustee
to recover
eirpenses incurred by N•ENfO when an audit is conducted due to Trustee's breach of dhis Trust Agreement or if the audit discloses a breach.
5. Rules and Regulations. Trustee shall comply with the following rules and regulations.
A Trustee shall not sell or issue a \E\IO product until Trustee has collected a cash payment in an amount equal to the face amount of die sale or issuance of die NIFM10 product plus
any additional amount determined by the retail fee except as otherwise set forth herein. Trustee will only accept cash as payment for all MEMO products. No check or other paper
transmitted or deposited by Trustee to or for MEMO slhall constitute a remittance to \EN10 until actually collected NIENIO has die option in each case to deposit any such paper for
collection.
B. Trustee shall safeguard all tnassued inventories of all products and MEMO provided equipment with the highest degme of care. The care exercised in regard to MEN10 productsdA
be at least as that applicable to cash. Trustee shall report to MEMO the serial number of each money order stolen or missing and all odder information relating to the event,
immediately upon discoveryof the fact-, but in any event not later dman twenty-four (24) hours poor tothe money orders beingpresented for payment to \EM?rOso that payment can
be stopped on such missing or stolen money orders. Such report shall be by telephone and immedubtly conftrned in writing- Trustee shall be solely reiponsmbk for all losses arising
from, and shall indemnify and hold \EMO harmless regarding any and all stolen or missing items as well as any NEMO equipment issued to Tnnstee. Furdmemmore, Trustee shallbe
responsible for repair or replacement of any 1E\10 issued equipment stolen or damaged as a result of misuse, negligence, abuse, fire or otherwise. Said responsibility and liability of
Tnistee shall not be limited by Trustee's compliance with the saftguarding, care, and reporting obligations set forth in this paragraph.
C. Trustee shall at all times maintain a sound fnancial position and provide current financial information to N1ENIO as requested by MEMO. Trustee shall conduct operations so that die
funds generated from die sale or issuance of money orders and/or gift certificates, will not be in jeopardy nor seem in die opinion of a reasonable person to be in jeopardy. Trustee
shall
cease die issuance and We of money orders and/or, gift certificates and notify NIEMO immediately, should such jeopardy arise. Notification to MEMO shall be mule promptly by
telephone and immediately confirmed in whiting. `S3und Financial Cornditiori' shall mean that there has been no material adverse change in the business, operations, condition
(financial or otherwise) or prospects of the Tautte and drat neidher Trustee or any Guarantor has became insolvent, generally usable to pay its debts as they become due, involuntarily
suspended transaction of its business, made a general xssigpment for the benefit of creditors, instituted a proceeding described in Paragraph 7B or consented to any such order for relief
any appointrnent or to the taking of possession by any such offcial of all or any substantial part of its property, declaration, finding or relief described therein, whether or not any
such
proceeding is instituted, or has taken any action in furtherance of any of the foregoing. A lack of sound financial condition shall also include when Trustee fails to pay, on the date
which
die same is due, any sum payable hereunder or fails to pay its creditors generally or nukes representations to MEMO or to oder creditors that it must delay any such payment under
conditions which, inn the sole discretion of NEMiO, it appears that Trustee is no longer in a sound financial condition.
D. Trustee shall provide NE\10 by facsimile transmittal or registered mail 30 days advance notice of proposed change(s) in the ownership of either Trustee's business,
the management of Trustee's business, the sale of fifty-one percent (51%) or more of Trustee's assets, or the entry into or termination of business affiliated with
Trustee. Transactions included within this paragraph 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 .MEMO. No transaction, discussed in this subparagraph, shall be effective
without the prior written approval of MEMO. Any attempt by Trustee to effect such a transaction without MEMO approval shall be void ab initio as to NfENIO. If
Trustee fails to give such notification, Trustee, as well as its successor, s11211 remain liable for the payment of all sums and the performance of all duties required by the
Trust Agreement Any change of ownership or other assignment within the meaning of this paragraph shall bind Trustee's successor or assignee to the terms and
conditions of this Trust Agreement
E. During de term of this Trust Agreement, including any renewals hereof, Trustee shall sell only MEMO products at all of Trustee's retail establishments including those newly opened
or
acquired. Trustee must provide NEMIO with at least 30 days notice of its intent to dose its business operations or curmht retail location and to reopen at anodes location. Trustee shall
not utilize ItEMO equipment for any other purpose dun selling NENiO products.
F. Trustee shall sell MEMO products only at Trustee's specifically approved places of business or future place of business as approved by MEMO. Trustee shall not appoint and/or offer
the services at or to any entity not a party to this Trust Agreement
G. Trustee must stand ready to complete all transactions contemplated by this Trust Agreement at all times when the Trustee's business is open. Failure to do so shall constitute a breach
of
this Trust Agreement No funds received by Trustee shall be subject to attachment, levy of execution, or sequestration by order of any court, except for due h =efrt of MEMO.
R Trustee is prohibited from unauthorized use of \ENKYs name, logo, trademark and/or service mark without ME310's prior written consent
1. No NEM10 products shall be issued or sold to anyone in payment of any obligation of Trustee, owner or guarantor or used in any manner for Trustee, owner or guarantor's own
putposes, except as allowed by Iu•EIt10.
J, Trustee shall sell money orders in strict numerical sequence in accordance with the number printed on eadm blank money order. The face arnount of any money order sold by Trustee
shall not exceed die sum of $ 504.00 M1E110 may deliver blank money orders to Trustee, or to any agent, employee or representative of Trustee, by whatever mean s
1XIEM10 deems appropriate, and NEMO is authorized to receive and issue a receipt for blank money orders on behalf of Trustee. AD voided money orders must be voided through die
electronic money order dispenses during the We date only to avoid charges 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 de backside of the original money order and deposit the money order into Trustee's bank account If Trustee should
write "void' on the face of the original money order, Tnrstee shall forward die original voided money order to die \1EX1O office and MEMO will issue a rehnd to Tnutee in die form
of a replacement money order. Trustee shall ensure that de electronir money order disperser is available for \EMO to electronically transmit polling data on a daily basis. If the
electronic monev order dispenser does not poll consistently; Trustee must provide MEMO with die money order sales date manually as requested Trustee ensures that the electric
money order sales dispenser is always timed on and always properly connected to a dear telephone line during electronic polling transmission times.
Money Order Fees. Inconsideration of die products provided to Trustee by MEMO, Trustee sliallpay MEM10 a fee as specified in this paragraph. Money Order fees shallbe based upon
die average weekly volume o' 50 Money Orders sold by Tnistee Trustee's Mlonev Order fee sliA be $ 0A95 per item at masrmum retail selling price of
$ 0.99
Additionally, a money order dispenser fee of $--_5A1 per e nondh sliaIl apply plus applicable tzYCS. For Trustees paying a weekly money order dispenser fee tic money order
dispenser fee shall be included with one of die Trustee's regularly scheduled ACH draft(s) determined by MEMO. For Trustees paying a monthly money order dispenser fee, the monthly
money order dispenser fees slhan be included on the new regularly scheduled ACH draft following the last calendr day of a particular month. The minimum monthly revenue generated by
Trustee's account must equal $ N a per month beginning With die fast full month's money order sales period following money order agency installation. Tlie difference between die
minimumm monthly revenue and a combination of per item money order fees/money order dispenser fees will be calculated monthly, reported via debit transrnittal notice Vproxi natcly that
weeks following the close of a calendar month, and will be drafted one week thereafter as part of Trustee's regular ACH draft Money Order fees may be modified by at any time upon thirty
(3J) days written notice to Trustee or when MEM O's ten week sales analysis indicates per item weekly volume not consistent with M EMO's fee rate schedule.
Trust Funds Remittance by Electronic Funds Transfer.
Any Trustee utilizing electronic money order dispensing equipment will be forwarded a money order Saks Summary Report MEM10 may, at any time upon thirty (K? days written notice to
Trustee, alter or change the Trustee's Reporting Day, number of Reporting Days, the ACH /Wire day and/or the number of ACH/Wre days, prior to die close of tie sales reporting day.
The money order Sales Summary Report will reflect money order sales for the applicable reportingperiod.
SALES PERIOD:
BEGIT TNING DAY ENDING DAY REPORTING DAY ACH / WIRE
Mtmlag Wedesdav
Trustee will be provided all pertinent reporting infornatoh on die money order Sales Summary Report As indicated above, MEMO will initiate an electronic transfer of funds due MEMO,
including die flue value of money orders sold, plus applicable fees due NEMO, from Trustee's bank account to MIEM10's bank account. If Trustee's method of remittance is via wire,
Trustee will initiate A wire transfer of applicable money order sales proceeds plus applicable money order fees from Trustee's money order Trust Account to die designated MEMO bank
deposit account prior to 2-00 PM on die designated remittance day. All funds due MEMO must be included with die remittance when due as identified as above. An outstanding statement
balances due at this time must be included with remittance, including debits due XERfO. If Trustee changes banks and/or bank accounts as identified in the Trustee's EFT agreement,
Trustee than immediately inform MEMO of such change by telephone and promptly confirm in writing. This arrangement shall not be revoked unless all finds due MEMO are paid in frill.
If Trustee did not sell any money orders during the Sales Period, die Trustee must still emit payment for outstanding balances as notified by MEMO.
On ll msda and Monday of each week M1EM10 will calculate a money order sales total from daily data obtained from Trustee via
electronic polling transmission of the money order dispenser. MEMIO will forward the Money Order Sales Summary Report to Trustee as stated above. Trustee shallreconcle. tie Mooney
Order Sales Summary Report with its records and inform MEMO of any differences. Trustee must retain the accounting (stare) copies if applicable, at its location for a period of that
mondhs foam die reporting pmod. Trustee shallforward to accounting (store) copies, if applicable, to the NEM10 office upon request If the accounting (store) copies are not requested
during the that month retention period, Trustee slur discard the accounting (store) copies at its own discretion.
8. Term of Agreement The term of this Trust Agreement shall run for a period of five (5) years from die date of this Tmst Agreement and slman renew automatically for successive five
(5) year
periods. After the initial five. (5) year term of diis Trust Agreement, Trustees may trrminate this Tnist Agreement upon she (6 months prior written notice to MEMO, and 1%EM10 may
terminate this Trust Agreement upon suety (60 days prior written notice to Tiustms. In the event Trustee does not provide proper temination notice, Trustee shah be responsible for lost
fee
income to MEMIO for the duration of die contract in effect Fee income slid be calculated using Trustee's most recent 10-week sales average, for all MEMO products- Notwithstanding the
foregoing, MENIO may terminate this Trust Agreement at any time, or any location covered by dhis Trust Agreement, immediately and without notice, and/or enter judgment according in die
pr> ovisions of Paragraph 11 hereof, upon the happening of any of the. following events:
A. MEMO and/or its designated banking center or its designated representative does not receive the accounting documentation or payment of heist funds and applicable fees, within die
time period and on die terns specified in this Trust Agreement
B. Trustee or any Guarantor commits any act of insolvency, or upon the fulling by Trustee or any Guarantor of any petition under any bankruptcy, reorganization, insolvency, or
moratorium law, or any law for die relief of, or relating to debtors; or due filling of any ihvoluntarypetition against Trustee under any bankruptcy statute, or die appointment of a.
receiver
or Trustee to take possession of die property or assets of Trustee; or die subjection of die Trustee's property or assets to any levy, seizure, assignment or sale for or by any creditor
or
governmental agency.
C. The non-perFoanance by Tnustee of any obligations of Trustee pursuant to this Trust Agreement
D. Tmstees 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 other agreements MEMO may
leave with Trustee, Trustee's guarantor, and any entity controlled by Tnmstre or Trustee's guarantor. In the event MEM10 terminates this Trust Agreement due to a dtfauuk, Trustee shall
be
responsible for lost fee income to MEMO for the duration of the contrail in effect, in accordance with the tuns of this paragraph.
9. Tenrnrmation. Upon the eepiration, termination, cancellation orbreadi of this Trust Agreement, Trustee win return any and all, MEMO equipment and any and all materials or documents,
unused products provided to Trustee by MEM10 pursuant to this Tnist Agreement immediaRly upon Trustee's receipt of a written demand notice by MEMO. MEMO may charge Tmstre
for die cost of any and all unused, uinretmmed or damaged cquipmrnt; products including cost of repossession. In its sole discretion and not widmstandmg any odherprovision of the Trust
Agreement to die contrary, MEMO may immediately terminate this location or any location covered by this Trust Agreement in the event MEMiO determines that compliance with this Trust
Agreement would cause NIEM10 or any of its affiliates to violate or potentianyviolate any local, state or federal law or regulation or any tour order or if it appears to MEMO to be in
its or die
Trustee's best interest and Trustee agrees to stop selling MEMO products immediately after mceivingnotificatim of emanination. Upon the e_Npiration, termination, cancellation or breath
of
this Trust Agreement, Trustee inmcdiattly shall deliver to MEM1O as requested all cash receipts from MEMO products, sold or issued fees, including any and all odor outstanding balances
due MEMIO, accounting (store) copies of money orders issued if applicable, daily sales reports for all N ENIO products. Indic event that Trustee fads to retuim such items immediately,
Tmstee liereby authorizes MEMO or its representatives or appointed designees to appear at Tnsstee's place of brssiness and peaceably obtain custody of all such property listed herein,
altrmatively the costs of any repossession by MEMO shall be bore inclusively by die Trustee. All obligations, obligations for transactions, covenants, liabilities, and indemnities of
Trustee
hereunder shall survive die expiralieri or termination of this Trust Agreement Any emanina m notice, eidhtr orally or in wntirng; provided by ME1,10 for any reason other dean the ti
piratior
of dins Trust Agreement sham be effective as of the happening of any suds event causing termination under pa %wiph 7 hereof or upon the entry of confessed judgment, whichever first
occurs. NEM10 make take any action legany permitted to prevent the unauthorized sale or issuance of MEM1O products, includimgbut no limited to, `god down" and/or removal of
MEMO equipment and the removal of unused MEM10 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 THEREON, INTEREST EXPENSE NOT TO EXCEED EIGHTEEN PERCENT (IS%), 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 (309/6) OF SAID AMOUNT AND SLIMS, 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 AGREEMENT 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 WAIVER 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 OFTEN AS MEMO SHALL DEEM NECESSARY AND DESIRABLE, AND TIES TRUST AGREEMENT OR A COPY
HEREOF SHALL BE A SUFFICIEN'T' WARRANT THEREFORE. ONE OR MORE JUDGMENTS MAY BE CONFESSED OR ENTERED IN THE SAME OR
DIFFERENT COUNTIES FOR ALL OR PART OF THE SUMS DESCRIBED IN THIS PARAGRAPH. IN THE EVENT ANY JUDGMENT ENTERED
AGAINST MERCHANT HEREUNDER IS STRICKEN OR OPENED UPON APPLICATION BY OR ON TRUSTEE'S BEHALF FOR ANY REASON
WHATSOEVER, THEN ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IS HEREBY AUTHORIZED AND
^?'`r?7Ti°L ` n A'7-.A--N A---.A,- FOR AND CONFESS OR ENTER JUDGMENT AGAINST TRUSTEE, SUBJECT, HOWEVER, TO THE 11 IITATION
*'F i T [ T[ : EI 3U K1;F Ql I =;N' T I21"RY O R CONFESSION OF JUDGMENT MAY ONLY BE DONE TO CURE ANY ERRORS IN PRIOR PROCEEDINGS, AND
t) l : r' `? "() i T B Ex 1'EI I ; T E Gv C .;T TCH I.RRORS ARE SUBJECT TO CURE IN THE LATE PROCEEDINGS. TRUSTEE ACKNOWLEDGES THAT BY
j%1 f 17I C I U Z IN G MT Mt) TO u:)JN FESS JUDGMENT HEREUNDER, TRUSTEE WAIVES THE RIGHT TO NOTICE IN A PRIOR JUDICdAL PROCEEDING
"U l)[71WtI4 N E ITTel (',17( :i AND LIABILIT S, TRUSTEE FURTHER ACKNOWLEDGES THAT MEMO MAY OBTAIN A JUDGMENT AGAIN
ST
"RUS?'TT xX71 101 C ITS PRIOR KNOWLEDGE. OR CONSENT AND WITHOUT TRUSTEE'S OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF,
CO UN TE R,-1AIhf OR OT'H ETt c2ly4IM TRUSTEE MAY HAVE. TRUSTEE EXPRESSLY WAIVES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART
01-113Y: a ?(-?N SIDERA'I7 ON POR MEM O'S TRUIiT AGREEMENT TO MAKE MEMO PRODUCTS AVAILABLE TO THE TRUSTEE.
11. I iability. ' A,.<tt e, tegarci3(ss ;)f 7rhatees fi eedonh from negligence or other fault, shall be absolutely liable:
r.- h ;r.al.! rmcthm c t %f3i10 of the Face amount for all MEMO products sold, die applicable fees, and all other monies due MEMO under thu Trust Agreement, regardless of the
mpsa noa ha or non t npstr noun (64:1pe2r m:e or loss of any funds from Trustee's possession by reason of the honest or dishonest act of anyperson, act of God, or otherwise.
E. -c) rtnt:t w ' IEMO die total amount of all sums of money that may be expended by or for T-NIO in paying any NaNIO products delivered by :tfalO to Trustee that are
suosequentlcptzsented col payment, whether ornot MEMO is legdly liable to pay die same. This subparagraph shall not apply to anyNfE fO products as to which Trustee shall lhave
6r`l? per&?vmed Tmstre's ckuties under due Trust Agnement
C. MEMO :lability Except :rs provided in this Trust agreement, \f AfO makes no warranties whether express, implied or statutory in connection with this Trust agreement MEMO
eri3rcssty cLsd:mns all warranties of merchantability and fitness for a particular purpose. MEMO slid not be responsible or liable for any lost profits, consequential, special or punitive,
exrrnplarv or incidental damages resulting from the failure of the Product(s). The sole and exclusive liability of MEMO to Trustee and remtdy of Tnsstet hereunder (including
negligence) shall be general monetary damages not to exceed the amount of the item that is the subject of the daim 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, INT'ERES'T, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, SETTLEMENT COST AND REASONABLE LEGAL
AND ACCOUNTING FEES) SUSTAINED BY MEMO RESULTING FROM OR ARISING OUT OF ANY ACT OR OMISSION TO ACT, WHETHER
HONEST, DISHONEST, NEGLIGENT OR OTHERWISE BY TRUSTEE OR TRUSTEE'S EMPLOYEES, AGENTS, ASSOCIATES OR
REPRESENTATIVES (WHETHER WITHIN OR WITHOUT THEIR SCOPE OF PERFORMANCE UNDER THIS TRUST AGREEMENT). THE
PARTIES TO THE TRUST AGREEMENT SHALL BE RELEASED FROM LIABILITY HEREUNDER FOR FAILURE TO PERFORM ANY OF THE
OBLIGATIONS HEREIN WHERE SUCH FAILURE TO PERFORM OCCURS BY REASON OF ANY ACT OF GOD, NATIONAL EMERGENCY,
MECHANICAL OR ELECTRICAL BREAKDOWN, CIVIL COMMOTION OR THE ORDER, REQUISITION, REQUEST OR RECOMMENDATION
OF ANY GOVERNMENTAL PROCLAMATION, REGULATION OR ANY OTHER CAUSE BEYOND EITHER PARTY'S REASONABLE CONTROL
INCLUDING WEATHER. THE UNDERSIGNED INDIVIDUAL DOES PERSONALLY GUARANTEE AND BECOME SURETY FOR TRUSTEE'S
FULL PERFORMANCE OF THE TRUST AGREEMENT, INCLUDING WITH LIMITATION THE PROMPT AND PUNCTUAL PAYMENT OF ALL
AMOUNTS BECOMING DUE FROM TRUSTEE TO MEMO HEREUNDER.
THE TRUST AGREEMENT MAY BE MODIFIED BY MEMO WITHOUT NOTICE TO THE UNDERSIGNED AND WITHOUT AFFECTING THIS
PARAGRAPH. MEMO MAY ENFORCE THIS PARAGRAPH AGAINST THE UNDERSIGNED IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA, AS WELL AS IN ANY OTHER COURT AND STATE HAVING JURISDICTION, WHETHER OR NOT
ANY ACTION IS EVER TAKEN BY MEMO AGAINST TRUSTEE (AND/OR GUARANTOR).
THE UNDERSIGNED HEREBY WAIVE ALL NOTICES WHATSOEVER WITH RESPECT TO THIS 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, RE RASES, AND FAILURE TO PURSUE OR
PRESERVE RIGHTS AGAINST ANY PERSON, .AND THE UNDERSIGNED SHALL REMAIN FULLY LIABLE HEREON NOTWITHSTANDING
ANY OF THE FOREGOING. EXCEPT AS PROVIDED HEREIN, THE UNDERSIGNED HEREBY WAIVE ALL DEFENSES WHATSOEVER TO
THE UNDERSIGNED'S LIABILITY HEREUNDER EXCEPT THE DEFENSES OF (1) PAYMENT, AND (2) LACK OF NOTICE AS REQUIRED IN
THE TRUST AGREEMENT.
UPON DEFAULT HEREUNDER, THE UNDERSIGNED HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY THE PROTHONOTARY OR
ANY CLERK OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND TO CONFESS
JUDGMENT AGAINST THE UNDERSIGNED FOR ALL AMOUNTS DUE HEREUNDER, PLUS ALL COSTS OF SUIT, LEGAL INTEREST TO
DATE, AND THIRTY PERCENT (3(%) ADDED FOR ATTORNEY'S FEES, RELEASING ERRORS, WAIVING STAY OF EXECUTION, AND
AUTHORIZING THE IMMEDIATE ISSUE OF A WRIT OF EXECUTION, ALL IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF CIVIL
PROCEDURE. FOR SUCH PURPOSE, THIS TRUST AGREEMENT OR A COPY HEREOF VERIFIED BY AFFIDAVIT BY THE UNDERSIGNED
OR ON BEHALF OF THE UNDERSIGNED BY SAID PROTHONOTARY, CLERK OR ATTORNEY, SHALL BE SUFFICIENT WARRANT.
THE AUTHORITY AND POWER TO APPEAR FOR AND TO CONFESS OR ENTER JUDGMENT AGAINST THE UNDERSIGNED SHALL NOT
BE EXHAUSTED BY THE INITIAL EXERCISE THEREOF; THE SAME MAY BE EXERCISED, FROM TIME TO TIME, AS OFTEN AS MEMO
SHALL DEEM NECESSARY AND DESIRABLE, AND THIS TRUST AGREEMENT SHALL BE A SUFFICIENT WARRANT THEREFORE. THE
UNDERSIGNED ACKNOWLEDGE THAT BY AUTHORIZING MEMO TO CONFESS JUDGMENT HEREUNDER, THE UNDERSIGNED HAVE
WAIVED THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE THEIR RIGHTS AND LIABILITIES.
THIS GUARANTY IS GIVEN IN CONNECTION WITH AND EVIDENCES THE OBLIGATION OF THE UNDERSIGNED TO MARE PAYMENT
IN CONNECTION WITH A COMMERCIAL TRANSACTION. THIS GUARANTY IS IRREVOCABLE AND SHALL BE BINDING AND OPERATIVE
UNTIL SUCH TIME AS MEMO SHALL HAVE BEEN PAID ALL SUMS OWED TO IT UNDER THE TRUST AGREEMENT AND THAT MAY ARISE
PURSUANT TO THIS GUARANTY.
13. Security. As further consideration of appoinhnent by itfETAO as its agent, and in order to protect NENIO s property from conversion, Trustee hereby grants to MEMO a continuing
security interest in, including but not limited to the following, T'rtsstee's bank account, irroentory, accounts recavable, assignment of lease, goodwill and fixtures at all Trustee
locations. Trustee
agrees to execute all documents necessary in create or perfect such security interest, including, but not limited to, recorded Uniform Commercial Code-Financial Statement (UCC1(s)) filings.
Furdxemrore,.NENf0 reserves the right to require additional collateral as it deems necessary for ongoing approval and for dx duration of the Trust Agreement In die event Trustee clhvhges
ownership in Trustee's business in any transaction similar to those set fords in paragraph 5(D) hereof, withoutprior notice and approval by MEbIO as set forth dnerrin Trustee hereby
grants a
security interest in the proceeds of any such transaction until such time as an approved account is re-established-
14. Notiom Notices required orpetmitted 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 return receipt requested and addressed to MEMO at 1029 Mumma Road,
P.O. Box 8863, Camp Hill, PA 17001-8863 or to Trustee at the address shown on the Application (or such subsequent address as has been provided to MEMO by Trustee).
15. Choice of Law. This Trust Agreement shall be construed under and in accordance with die laws of die Commonwealth of Pesnnsylvania, disregarding any rules relating to the choice or
conflict of laws. The parties consent to venue and personal jr¢isdicton in Cumlxdarhd Cotnnty, Pernnsylvania or, in due case of ?t1Elf0 s exercise of rights under Puagraphs 9 and 11
hereof
in any other court of record in Pennsylvania or elsewhere.
16. Compliance with law. Both MEMO and Trustee are subject to and shall ahxde 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 licensinglaws, (b) de Bank Secrecy Act and its regulations, (c)
Federal cash
reporting 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, (g) all federal and state privacy laws and regulations; and (h) to USA Patriot Act
17. Non Waiver. The failure of'MF-M0 to enforce any provision of this Trust agreement or its failure to declare a default under this Trust Agreement shall not constitute a waiver or
any breach
of artyprovision of dos Trust Agreement and shall notprqudice the right and/or power of SfE\10 to proceed as billy as if it bad not failed to enforce anyprovision of this Trust Agreement
S. ;; nforcrment in du event of default tinder the teens of this Trust Agreement, Trustee agrees that MEMO slLall, in addition to all rights itmi0it have tinder die law, ]Lave the right
of seeking
!pe, fie petfounance in tic court of egtuty. Furthermore, Trustee agrees to consent to die jurisdiction of a court of equity regarding due enforcement of this Trust Agreement and/or
tie
4,,rcement of l,, E%10(s) rights in the event of any defiant by Trustees.
9. host of Enforcement Tnisree shall pay, on demand to NIEMO, all costs and e2,penses including reasonable attorneys fees incurred by M RMO in connection with the enforcement of dus
"--ust Agreement
20. Construction. All references m this Trust Agreement in die singular shall be construed to include the plural where applicable and the masculine shall include all other genders. All
covenants,
al,2eements and obligations in this Trust Agreement assumed by Trustee shhall be, and shall be deemed to be, joint and several covenants. Headings of the paragraphs of this Trust Agreement
re for convenience only and do not limit, e_and, or otherwise contra die provisions or contents of this Tnist Agreement If any part of this Trust Agreement is held to be unenforceable
or
vhvalid or prohibited by law, said part shall be deemed to have been stricken from the Trust Agreement and the Taut Agreement shall be read and intinpreted as though die stricken pact
did
not exist and shall not affect the validity or enforceability of any other part of the Trust Agreement The si pat ues of all individual(s) m dhis document other dean dhose representing
A EnIO,
sliall be construed Lobe on belhalf of die business actingas Trustee and the individual(s) acting as both Trustee and Guarantor of all funds due MEMO under this Trust Agreement
21. Assignments and Delegation. T`dEAIO map 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 slhall be binding on the respective parties as well as their heirs, successors and assigns.
22 Entire Trust Agreement This Trust Agreement, togttier with any and all attachments, addendums, related security documents and such rules and regulations as maybe promulgated by
?,EMO for the issuance of and salt of 'MEMO products from time to time, shall constitute die entire agreement between die parties litreto. There are no other agreements or
understandings, written or oral, between the parties with respect to the subject matter of this Trust Agreement Their shall be no modifications, amendments, or alterations to this Trust
Agre ement unless agreed to n writing, sighed by all parties. This Trust Agreement slid bind and inure to the benefit of the parties, their respective heirs, successors, representatives
and proper
assigns. MEMO and Merchant understand that a completed telefae signature is as valid as die onginal.
23. Tune of the Essence. Time is of tie 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.
Cotpotate/Store Name Spring Valley Food Mart
1. Signatute (Business) - KJ'1/u O?
1 Abdul Qadus SIGN HERE
2. Signamir (IndividuA)
Abdul Qadus SIGN HERE C
3. Signature (Ind viduA) ? ? v ?' `? `fit
Manzoor Ghana SIGN HERE
4. Signature (Irhdividually)
Date: 0 p /1, / 2--., l/
Signature (Spouse)
Abdul Qadus's SPOUSE SIGN HERE
Signature (Spouse) -Al 14 <___11
Manzoor Ghani's SPOUSE SIGN HERE
Sib-grrature (Spouse)
*If not married, please indicate by affixing "N/A" in the blue "Signature (Spouse)" area.
3/31/2011
MERCI-LANTS EXPRESS MONEY ORDER COMPANY, INC.
MEMO MONEY ORDER COMPANY, INC.
MERCHANTS EXPRESS USA, INC.
MEMO MONEY ORDER COMPANY OF NEW YORK INC.
Merchants Express COURT OF COMMON PLEAS,
Money Order Company, Inc. CUMBERLAND COUNTY
PLAINTIFF
V.
Abdul Qadus , 2012
Individually, jointly and severally,
DEFENDANT
and
Anwar Sultana
Individually, jointly and severally,
DEFENDANT
and
Spring Valley Food Mart
Partnership
No.
;.T,
-,?. pr rat
`<
DEFENDANT
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA SS:
COUNTY OF CUMBERLAND
co
W
The undersigned being (July 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, a wholly owned
subsidiary of the Pennsylvania Food Merchants Association. The undersigned also states that to
the best of my knowledge, information, and belief, the Defendants are not in the Military or
Naval Service of the United States or its Allies, or otherwise within the provisions of the
Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended.
Dan Oliva
SWORN to and subscribed
before me this S ,
day of J?11, 2012.
h
n' ? rh
N y TQiblic
COMM..pNWEALfH OF PENNSYLVANIA
Note seal Public
Jennifer R. Hamelin, Notary Wo niepour Born, Cumberland CouMY
My Commission Expires July 12, 2012
Member Pennsylvania a m
Merchants Express
Money Order Company, Inc.
PLAINTIFF
V.
Abdul Qadus
Individually, jointly and severally,
DEFENDANT
and
Anwar Sultana
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
/02 -314 3 V, ((?
No.
2012
Individually, jointly and severally,
DEFENDANT
and..=
Spring Valley Food Mart c0 l
Partnership `
DEFENDANT
AFFIDAVIT OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA SS:
COUNTY OF CUMBERLAND
The undersigned being duly sworn according to law, deposes and states that he is an
employee of the Pennsylvania Food Merchants Association with the authority to make this
Affidavit on behalf of the Plaintiff, Merchants Express Money Order Company, Inc. a wholly
owned subsidiary of the Pennsylvania Food Merchants Association. The undersigned also states
that the address of the Plaintiff is: 1029 Mumma Road, Wormleysburg, Pennsylvania, 17043 and
that the addresses of the Defendants are as follows:
Spring Valley Mart Abdul Qadus Sharifa Hussein Santana
343 Allen Street 2 Depot Rd 2 Depot Rd
Springfield, MA 01108 Apartment 2 Apartment 2
Oxford, MA 01
-?
Dan Oliva
SWORN to and subscribed
before me this ?3 ,
day of 2012.
lI?
N (Wary P blic
COMMONWEALTH OF PENNSYLVANIA
NOW101 Seal
Jennifer R. Hamelin, Notary Public
Wormleysburg Boro, Cumberland County
My Commission Expires July 12, 2012
Member, Pennsylvania Association of Notaries
Merchants Express COURT OF COMMON PLEAS,
Money Order Company, Inc. CUMBERLAND COUNTY
PLAINTIFF
evil 1&ro,
Abdul Qadus , 2012
Individually, jointly and severally,
DEFENDAN'T'
and No.
Anwar Sultana
Individually, jointly and severally,
DEFENDANT
and
Spring Valley Food Mart
Partnership ;
DEFENDANT :
NOTICE
NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED
MATTER HAS BEEN ENTE D AGAINST YOU.
PROTHONOTARY
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