HomeMy WebLinkAbout13-5427 MEMO MONEY ORDER COURT OF COMMON PLEAS,
ORDER COMPANY, INC. CUMBERLAND COUNTY
PLAINTIFF
V.
Muhammad U. Alahbaksha , 2013
Individually, jointly and severally,
DEFENDANT No. 13 _ 5V 7 0
and
Awan Inc., doing business as
Prospect Chevron
Corporation
DEFENDANT
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: $ 15,742.85
Interest: $ 149.56
Lost Fee Income: $ 313.95
Attorney Fees: $ 4,861.91 rn
Total: $ 21,068.27 -" ::,-
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Kevin M. Lutkins, Esq.
Attorney for Defendants <
MEMO MONEY ORDER COURT OF COMMON PLEAS,
ORDER COMPANY, INC. CUMBERLAND COUNTY
PLAINTIFF
V.
Muhammad U. Alahbaksha , 2013 c
Individually, jointly and severally,
DEFENDANT` `' �+
No. �� Ctv�
and 1
Awan Inc., doing business as Y
zr-
Prospect Chevron 5 ;c-
Corporation
;
DEFENDANT
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
COUNT I — CONFESSION OF JUDGMENT
(MEMO V. AWAN, ALAHBAKSHA)
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 Awan Inc., (hereinafter "Awan"), is a corporation located at 85 Railroad
Avenue, Prospect, VA 23960, and doing business as Prospect Chevron.
3. Defendant Muhammad U. Alahbaksha (hereinafter "Alahbaksha "), is an individual
residing at 107 Beverly Court, Farmville, VA 23960.
4. Defendants Alahbaksha is the owner and/or operator of Defendant AWAN and
entered into the Trust Agreement on behalf of said Defendant AWAN and themselves on or
about December 12, 2006. A true and correct copy of the Trust Agreement under which
Defendants Alahbaksha and AWAN are confessing judgment is attached hereto as Exhibit "A ".
5. Defendant Alahbaksha, with the intent to induce MEMO to enter into a Trust
Agreement with Defendant AWAN, agreed to personally guaranty the obligations of Defendant
AWAN. A true and correct copy of the Personal Indemnity and Guaranty is incorporated into
and a part of the Trust Agreement under which Defendant Alahbaksha is confessing judgment is
attached hereto as Exhibit "A ".
6. The forgoing judgment against Defendants Alahbaksha and AWAN, is not being
entered by confession against a natural person in connection with a consumer credit transaction.
7. The Plaintiff has not assigned the Trust Agreement and Personal Indemnity and
Guaranty under which judgment is being confessed.
8. The Plaintiff has not entered judgment against Defendants in any jurisdiction for the
unpaid sum of $21,068.27 or any additional amount for a total of the debt demanded here.
9. The Defendants jointly and severally acted as selling agents for Plaintiff from January
12, 2007 until July 23, 2013.
10. 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.
11. The Plaintiff attempted to collect the trust funds from Defendants on July 8, 2013 and
July 23, 2013 through an Automated Clearing House (hereinafter "ACH ") method.
12. The Plaintiff, or its designated check - clearing banking center did not receive the
payment of the trust funds on July 8, 2013 or July 23, 2013, as required by the Trust Agreement.
13. 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.
14. Pursuant to the Trust Agreement, the Plaintiff suffered damages by the Defendants
conduct as follows:
Principal: $ 15,742.85
Interest: $ 149.56
Lost Fee Income: $ 313.95
Attorney Fees: $ 4,861.91
Total: $ 21,068.27
15. The Defendants' most recent estimated 10 -week sales average equaled 28 money
orders causing Plaintiff Lost Fee Income of $4,861.91 as a result of Defendants' default..
16. Plaintiff demands judgment in the aforementioned amount as authorized by the
Warrant of Attorney contained in the Trust Agreement attached hereto as Exhibit A.
17. The Warrant of Attorney contained in the Trust Agreement is less than twenty (20)
years old.
WHEREFORE, Plaintiff demands judgment in the amount of $21,068.27, 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. AWAN, ALAHBAKSHA)
18. The averments set forth in paragraphs 1 through 17 are incorporated by reference as if
set forth in full herein.
19. Defendant Alahbaksha signed the above referenced Trust Agreement, and the
documents appended thereto, on behalf of The AWAN.
20. Defendant Alahbaksha also signed the above - reference Personal Indemnity and
Guaranty Agreement, pursuant to which he made himself personally liable for any default by
The AWAN under the Trust Agreement.
21. The failure of Alahbaksha 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 $21,068.27, 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. AWAN, ALAHBAKSHA)
22. The averments set forth in paragraphs 1 through 21 are incorporated by reference as if
set forth in full herein.
23. The Trust Agreement created fiduciary obligations owed by the Defendant to the
Plaintiff.
24. In breach of their fiduciary obligations, Defendant Alahbaksha:
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.
25. Defendant performed all of the above actins intentionally, willfully, maliciously, and
with wanton disregard for the rights of Plaintiff.
26. 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 $21,068.27, 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. AWAN, ALAHBAKSHA)
27. The averments set forth in paragraphs 1 through 26 are incorporated by reference as if
set forth in full herein.
28. Plaintiff avers, on information and belief, that Defendant Alahbaksha converted the
trust funds owed Plaintiff to his own personal uses.
29. Defendant Alahbaksha'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 $21,068.27, 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. AWAN, ALAHBAKSHA)
30. The averments set forth in paragraphs 1 through 29 are incorporated by reference as if
set forth in full herein.
31. Plaintiff avers, upon information and belief, that Defendant wrongfully retained the
trust funds.
32. 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.
33. The Defendant's retention of the benefits conferred by Plaintiff without paying the
value of such benefits would be inequitable and unjust.
34. 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 $21,068.27, 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. AWAN, ALAHBAKSHA)
35. The averments set forth in paragraphs 1 through 34 are incorporated by reference as if
set forth in full herein.
36. The Trust Agreement clearly states that all money orders and trust funds are
Plaintiff s property.
37. 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.
38. 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.
39. By operation of law, Plaintiff is the owner and Defendant is the trustee for all assets
so commingled.
40. 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 $21,068.27, as authorized by
the Warrant appearing in the attached Trust Agreement, together interest from the date of
judgment and costs.
Kevin M. Lutkins, Esq.
Attorney for Plaintiff
Attorney ID: 76859
Date: 9 f zej3
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.
David Bush
EXHIBIT A
MERCHANTS EXPRESS MONEY ORDER COMPANY /MEMO MONEY ORDER COMPANY
MERCHANTS EXPRESS USA, INC/ MEMO MONEY ORDER COMPANY OF NY, INC.
PERSONAL MONEY ORDER TRUST AGREEMENT
THIS AGREEMENT is made between MERCf AN1S EI'RESS MONEY ORDER COMPANY, d/b /a MEMO, MEMO MONEY ORDER COMPANY, d /b /a MEMO, MERC1-IANTS
EXPRESS USA, INC. d /b /a MEMO, Pennsylvania Corporations or MEMO MONEY ORDER COMPANY OF NEW YORK, INC., d /b /a MEMO, a New York Corporation, or any subsidiary
d /b /a/ MEMO (MEMO') and the individual(s) and /or entities identified below, hereafter referred to as Trustee(s).
In consideration of the mutual promises contained in this agreement and intending to be legally bound hereby, the parties agree as follows.
Agency. lv1E MO appoints 'Trustee to act as a special agent of MEMO at each of Trustee's retail establishments approved for the sale of money orders issued by MEMO. It is capressly agreed that
MEMO and Trustee shall be independent contractors and that the relationship between the Parties shall not constitute a partnership, joint venture or agency (other than as expressly descnbed
herein). Neither MEN10 nor'Trustee shall have the authority to make any statements, representations or eommitrnents of any kind, or take any action, which shall be binding on the other, without
the prior consent of the other Party. Trustee accepts such appointment in accordance with the terms and conditions specified in this Agreement and in the attached Rider herein incorporated and
made a part hereoE
Trust Relationship. Trustee shall receive and hold in trust for MEMO all blank money orders delivered to Trustee by MEMO and all money received by Trustee from the sale of money orders,
including without limitation the money order fees established by MEMO from time to time ("trust funds'). Trustee shall hold the trust funds separate and apart from other funds of Tnmstee. The
failure of Trustee to hold trust funds separate and apart from any other funds of the Truster: shall, at the option of MEMO, be a breach of this Agreement entitling MEMO to immediate
possession of any account or accounts into which funds received for money order sales from consumers have been deposited and such other remedies, including terrnination of this Agreement, as
are provided for herein
Money Order Fees. In consideration of the services rendered to Truster: by MEMO, Trustee shall pay MEMO a fee ("Money Order Fees') specified in die attached rider. Money Order Fees may be
modified by MEMO at any time upon thirty (30) days prior notice to Trustee.
Materials Supplied by MEMO. For the sole purpose of selling money orders pursuant to this Agreement, ME MO 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 t raining material required to implement and maintain a money order agency.
C. A money order imprinter of the quality necessary to imprint the money order dollar value fimhly into the money order so as to inhibit the alteration of any item. The money order dispenser
shall be programmed by MEMO to indicate Trustee I.D. number on imprinted money orders. Such money order imprinters shall at all times continue to be the sole property of MEMO
and shall not be removed from the Trustee's retail establishment where it was originally installed by MEMO. Any other money order dispensers not owned by MEMO and used by Trustee
to imprint money orders must be approved by MEMO.
D. Regulatory postings signs, posters, window decals and other promotional maatcrials, all of which Trustee agrees to display at all times.
Right to an Accounting. Notwithstanding any other provision of this 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, time cash receipts, Money Order Fees, the accounting (store) copies of money orders sold
and the Trustee's inventory of unissued money orders. A charge will be assessed against Trustee to recover expenses insured by MEMO when an audit is made due to Trustee's breach of this-
Agreement or if the audit discloses a breach (See audit fee /penalty fee schedule).
Rules and Regulations. Trustee shall comply with the following rules and regulations:
A. No money order shall be issued or sold to anyone in payment of any obligation of Trustee or used in any manner for Trustee's own purposes, except as allowed by MEMO.
B. Only cash shall be accepted as payment for money orders issued or sold No check or other paper transmitted or deposited by Trustee to or for MEMO shall constitute a remittance to
M 1\10 until actually collected, MEMO to have the option in each case as to whether to deposit any such paper for collection
C. Trustee shall safeguard all unissued money orders and the money order imprinter with the highest degree: of care. The cue exercised in regard to money orders shall be at least as that
applicable to cut. Trustee shall report to MEMO the serial number of each money order stolen or missing and all other information relating to the event, immediately upon discovery of
the 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 rnissing or stolen
money orders. Such report shall be by telephone and immediately confirmed in writing. Trustee shall be solely responsible for all losses arising frorn, and shall indemnify MEMO and hold
harml:ss regarding any and all stolen or missing money orders as well as any money order imprinter, issued to Trustee. Furthermore, Trustee shall be responsible for repair or replacement of
any issued money order dispensers 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 scat forth in this paragraph
D. Trustee shall at all times maintain a sound financial position and provide current financial information to MEMO as requested by MEMO. Trustee shall conduct operations so that the funds
generated from the sale of money orders will not be in jeopardy nor seem in the opinion of a reasonable person to be in jeopardy and shall cease the issuance of money orders and notify
MEMO immediately, should such jeopardy arise:. Notification to MEMO shall be made promptly by telephone and immediately eonfnrrx:d in writing. "Sound Financial Condition" shall
mein that there has been no material adverse change in the business, operations, condition (financial or otherwise) or prospects of the Trustee and that neither Trustee or any Guarantor has
become insolvcnS generally unable to pay its debts as they become due, involuntarily suspended transaction of its business, made a general assignment for the benefit of creditors, instituted a
proceeding described in Paragraph 7B or consented to any such order for rdic� declaration, finding or relief described therein, institute a proceeding described in Paragraph 7B or consented
to any such appointment or to the taking of possession by any such official or all or any substantial part of its property, whether or not any such proceeding is instituted, or has taken any
action in furtherance of any of the foregoing. A lack of sound financial condition shall also include when Trustee fails to pay, on the date which the same is due, any sum payable hereunder
or fails to pay its creditors generally or rakes representations to MEMO or to other creditors that it must delay any such payment under conditions which, in the sole discretion of MEMO, it
appears that'I'rustee is no longer in a sound financial condition
G Trustee shall provide MEMO by facsimile transmittal or registered mail three (3) weeks advance notice of proposed change(s) in the ownership of either Trustee's business,
the management of T'rustee'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 G(E) include transfer of stock of Trustee, 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. 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 MEMO. If Trustee fails to give such notification, Trustee, as
well as its successor, shall remain Gable for the payment of all sums and the performance of all duties required by the 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 Agreement
F. At all of Trustee's retail establishment including those newly opened or acquired, Trustee shall sell only MEMO money order. Trustee must provide MEMO with at base 90 days notice of
its intent to close its current retail location and to reopen at another location
G. Trustee shall sell MEMO money orders only at Trustee's specifically approved places of business or future place of business as approved by MEMO. Truster: shall not appoint and /or offer
the services at or to any entity not a party to this agreement
1 -I. Trustee shall remain opera during the course of normal business hours for the duration of this agreement Failure to do so shall constitute a breach of this agreement
1. No funds received by Trustee shall be subject to attachment, levy of ere cutior>, or sequestration by order of any court, except for the benefit of MEMO.
J. 'Trustee is prolmibited from unauthorized use of MEMO'S name, logo, trademark and /or service mark without MEMO', prior written consent
Term of Agreement The term of this Agreement shall run for a period of five (5) years from the date of this Agreement and shall renew automatically for successive five (5) year periods. After the
initial five -year term of this Agreement,'Frustec may terninate this Agreement upon sir (6)i months prior written notice to MEMO, and MEMO may terminate this Agreement upon sixty (60) days
prior written notice to Trust= In die event Trustee does not provide proper termination notice, Trustee shall be responsible for lost fee income to MEMO for the duration of the contract in
effect Ice income shall be calculated using Trustees most recent 10 -week sales average. Notwithstanding the forgoing, MEMO may terminate this Agreement at any time, or any location covered
by this agreement, immediately and without notice, and /or eater judgmcnt according to the provisions of Paragraph 11 hereof, upon the happening of any of the following events:
A. M1_-'MO or its designated check - clearing banking center dos not receive the accounting documentation or payment of trust funds (including money order sales proceods and money order
fees), within the time period and on the terms specified in the Rider to this Agreement
B. 'Trustee or any Guarantor commits any act of insolvency, or upon the filling by Trustee or any Guarantor of any petition under any bankruptcy, reorganization, insolvency, or moratorium
law, or any law for the relief or, or relating to debtors or the filling of any involuntary petition against Trustee under any bankruptcy statute, or the appointrnent of a receiver or trustee to take
possession of the property or assets of Trustee, or the subjection of any'fruswe s property or assets to any levy, seizure, assignment or sale for or by any creditor or governmental agency.
C. The non- performumce by'Frustee of any obligations of Trustee pursuant to this Agreement
'Ihc happening of any of the foregoing events shall be a default under this Agreement and, without any notice from MEMO, constitute a default under any and all agreements of Trustee and /or
frustcc?s guarantor(,) with any other related company. In die event MEMO ter iatcs this agreement due to a default, Trustee shall be responsible for lost fee income to MEMO for the duration
of the contract in effect
Termination. Upon the expiration or termination of this Agreement, Trustee immediately shall deliver to MEMO all cash receipts from the sale of money orders, money order fees due MEMO,
accounting (store) copies of money orders issued, the money order imprinter and any and all materials or documents provided to Trustee by MEMO pursuant to this Agreement, including, but not
limited to, all blank money order form_%. All obligation, covenants, liabilities, and indemnities of Trustee hereunder shall survive the expiration or termination of this Agreement A termination
notice provided by MEMO for any reason other than the expiration of this Agreement shall be effective as of the happening of any such event cawing termination under paragraph 7 hereof or
upon the entry of confessed judgment, whichever first occurs
A. In its sole discretion and not withstanding any other provision of the agreement to the contrary, MEMO may immediately teaninate this location or any location covered by this agreement in
the event MEMO determines that compliance with this agreement would curse MEMO or any of its affiliates to violate or potentially violate any local, state or federal law or regulation or any court
order.
9. 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 money orders sold pursuant to this Agreement, the
applicable Money Order Fees, accrued interest thereon, interest expense not to exceed eighteen percent (18%), and for any other sums due MEMO under this Agreement,
together with expenses and cost of suit and reasonable attorney's fees and said fees not to exceed thirty percent (30%) of said amount and sums, for collection as provided herein
including all legal fees incurred in any Bankruptcy of Trustee For such purpose, this Agreement or a copy hereof verified by affidavit by Trustee or on behalf of Tnwtee 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 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 confess or enter judgment against
Trustee shall not be exhausted by the initial exercise thereof, and the same may be exercised, from time to time, as often as MEMO shall deem necessary and desirable, and this
Agreement or a copy hereof shall be a sufficient Warrant therefore One or more judgments may be confessed or entered in the same or different counties for all or part of the
sums described in this paragraph. In the event any judgment entered against Trustee hereunder is stricken or opened upon application by or on Tnwtee's behalf for any reason
whatsoever, them any attorney or the Prothonotary or Clerk of any court of record is hereby authorized 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 and to the
extent that such errors are subject to cure in the late proceedings.
Liability. Trustee, regardless of Trustees freedom From negligence or other fault; shall be absolutely liable:
j To make remittance to MEMO of the face amount of all money orders sold, the applicable Money Order Fees, and all other monies due MEMO under this Agreement, regardless of the
mysterious or non - mysterious disappearance or loss of any funds from Trustee's possession by reason of the honest or dishonest act of any person, act of God, or otherwise
B. To remit to MEMO the total amount of all sums of money that may be expended by or for MEMO in paying any money orders delivered by ME MO to Trustee that are subsequently
presented for payment, whether or not MEMO is legally liable to pay the same. This subparagraph shall not apply to any money order as to which Trustee shall have fully performed
Trustee's duties under this Agreement
Indemnity. Trustee shall 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, setdemeamt 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).
Security. As further consideration of appointment by ME MO as its agent, and in order to protect MEMO's property from conversion, Trustee hereby grants to MEMO a continuing security interest in
Trustee's bank account, inventory accounts receivable, assigmnment of lease, and fw u res at all Trustee locations. Trustee agrees to execute all documents necessary to create or perfect such security
interest, including, but not limited to, recorded Uniform Commercial Code - Financial Statement (UCC1(s)) fillings Furthermore, MEMO reserves the right to require additional collateral, as it
deems necessary for ongoing approval and for the duration of the Agreement In the event Trustee changes ownership in Trustee's business in any transaction similar to those set forth in
paragraph G(E) hereof, without prior notice and approval by MEMO as set forth therein, Trwtee hereby grants a security interest in the proceeds of any such transaction until such time as an
approved trust account is re-established.
Notices. Except as otherwise stated, all notices, correspondence, and communications under this Agreement shall be in writing and addressed as follows:
IF TO ME MO: MEMO IF TO TRUSTEE: See attached Rider
P.O. Box 8863
Camp Hill, PA 17001 -8863
Choice of Law. This agretiment shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania, disregarding any Hiles relating to the choice or conflict of laws.
The parties consent to venue and personal jurisdiction in Cumberland County, Pennsylvania, or, in the case of MEMO's exercise of rights under Paragraph 11 herco� in any other court of record
in Pennsylvania or clsewhem
Compliance with law. Trustee shall abide by (and cause its officers, principals and employees to abide by) all federal, state and local laws and regulations applicable to Trustees business and services
provided They are to include but are not limited to: (a) State Licensing Laws; (b) the Bank Secrecy Act and its regulations; (c) Federal cash reporting requirements and regulations; (d) State Currency
reporting requirements, (e) Federal and /or State anti-money laundering laws and all Hiles and regulations; (f) all applicable stare money transfer or sale of check laws and regulation; (p) all federal and
state privacy laws and regulations; (h) the USA Patriot Act
Non - Waiver. The failure of MEMO to enforce any provision of this Agreement or its failure to declare a default under this Agreement shall not constitute a waiver or any breach or of any
provision of this Agreement and shall not prejudice the right and /or power of MEMO to proceed as Filly as if it had not failed to enforce any provision of this Agreement
Enforcement In the event of default under the terms of this Agreement; Trustee agrees that MEMO shall, in addition to all rights it might have under the law, have the right of seeking specified
performance in the court of equity. Furthermore, Trustee agrees to consent to the jurisdiction of a court of equity regarding the enforcement of this Agrccmment and /or the enforcement of
MEMO(s) rights in the event of any default by Tnnstem
Cost of Enforcement Tnmstee shall pay, on demand by MEMO, all costs and expenses including reasonable money's fees incurred by MEMO in connection with the enforcement of this Agreement
19. Construction All references in this Agreement in the singular shall be construed to include the plural where applicable and the masculine shall include all other genders. All covenants,
agreements and obligations in this Agreement assumed by Trustee shall be, and shall be deemed to be, joint and several convenants. Headings of the paragraphs of this Agreement are for
convenience only and do not limit, expand, or otherwise construe the provisions or contents of this Agreement
20. Entire Agreement This Agreement together with all attachments and riders, related security documents and such Hiles and regulations as may be promulgated by MEMO for the issuance of
money orders from time to time, shall constitute the entire agreement between the parties hereto. There are not other agreements or understandings, written or oral, between the parties with
respect to the subject matter of this Agreement There shall be no modifications, amendments, or alterations to this Agreement unless agreed to in writing signed by all parties. This Agreement
shall bind and inure to the benefit of the parties, their respective heirs, successors, representatives and proper assigns MEMO and Trustee understand that a completed telefax Sig nature is as valid
as die original
21. Time of the Essence. Time is of the essence in this Agreement and the Rider.
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 AGREEMENT, OR ANY OTHER CAUSE.
Date / 2 — — 7 " TRUSTEE
MERCHANTS EXPRESS MONEY ORDER COMPANY/ Corporate /Store Name 4& ,(4
MEMO MONEY ORDER COMPANY/
MERCHANTS EXPRESS USA, INC. vSimahue ^� Tide
ES !'
MEMO MONEY ORDER COMPANY OF NY, INC. ✓
B
I .'J''� f A- —"'T -- Signature(Individu4
Trustee Signature(Individual)
Tide V
'Trustee Signature(Individual) !J it—�
O=bn 13.2005
Trustee Signarure(Individual)
MERCHANTS EXPRESS MONEY ORDER COMPANY - MEMO MONEY ORDER COMPANY
MERCHANTS EXPRESS USA, INC. — MEMO MONEY ORDER COMPANY OF NY, INC.
PERSONAL INDEMNITY AND GUARANTY
Intending to be legally bound hereby, and in order to induce MERCHANTS EXPRESS MONEY ORDER COMPANY, d /b /a/ MEMO,
MEMO MONEY ORDER COMPANY, d /b /a/ MEMO MERCHANTS EXPRESS USA, INC. d /b /a MEMO, Pennsylvania
Corporations, or MEMO MONEY ORDER COMPANY OF NEW YORK, INC, a New York Corporation, or any subsidiary d /b /a/
MEMO ( "MEMO'S to sign that certain Personal Money Order Trust Agreement, Rider and amendments or changes thereto as may be in
effect from time to time (collectively the "Agreement's with:
Corporate /Business Name 14 A1 A l
Street Address _ ?- 04 /t-0 City P l-o y f- � ,2. 3 ` & Ci State Zip Code '
and in consideration of its so doing, the Undersigned, jointly and severally, absolutely and unconditionally, personally guarantee and
become surety for Trustee's full performance of the Agreement, including without limitation the prompt and punctual payment of all
amounts becoming due from Trustee to MEMO thereunder, and shall indemnify and hold MEMO harmless against any and all damage,
loss expense (including attorney's fees) and /or liability sustained by it by reason of or related to Trustee's failure to perform the Agreement.
The Agreement may be modified by MEMO and Trustee without notice to the undersigned and without affecting this Guaranty. MEMO
may enforce this Guaranty against the undersigned in the Court of Common Please of Cumberland County, Pennsylvania (to which
jurisdiction of said Court the Undersigned consents), as well as in any other court and state having jurisdiction, whether or not any action is
ever taken by MEMO against Trustee.
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 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 Agreement.
Upon default hereunder, the Undersigned hereby authorizes and empowers irrevocably the Prothonotary or any Clerk or any attorney of
any court of record of Pennsylvania or elsewhere to appear for and to confess judgment against the Undersigned for all amounts due
hereunder, plus all costs of suit, legal interest to date, and thirty percent (30 %) added for attorney's fees, releasing errors, waiving stay of
execution, and authorizing the immediate issue of a writ of execution, all in accordance with the Pennsylvania Rules of Civil Procedure.
For such purpose, this Guaranty 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 Guaranty shall be a sufficient warrant therefor. 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 Agreement and that may arise pursuant to this Guaranty. This Guaranty shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania, disregarding any rules relating to the choice or conflict of laws.
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 AGREEMENT, OR ANY OTHER CAUSE.
-�� • 1J
G antor's Signature Guarantor's Signature
1 14A' , " „ -J U Wa X �,i- ks s
Print Guarantor's Name Print Spouse's Name
Home Address Home Address
City 12 -12 -t)c State Zip Cody City State Zip Code
Date Date
*If not married, please indicate by affixing "N /A" on line for second Guarantor's signature. N..bs7.2002
MEMO MONEY ORDER COURT OF COMMON PLEAS,
ORDER COMPANY, INC. CUMBERLAND COUNTY
PLAINTIFF
V.
Muhammad U. Alahbaksha 9 2013
Individually, jointly and severally, C-) a mr "t
DEFENDANT -n, n
and C
Awan Inc., doing business as , --
Prospect Chevron , C)-- 2
Corporation ° PO C: �
DEFENDANT crt
ate.
AFFIDAVIT OF NON - MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA SS:
COUNTY OF CUMBERLAND
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 lies, or otherwise within the provisions of
the Soldiers' and Sailors' Civil Relief Act of Congre s 1940 as end
David Bush
SWORN to and sp c ' ed
beforekaoh
day of ' 2013. COMMONWEALTH CF PENNSYLVANIA
NOTARIAL SEAL
THERESA H. SMITH, Notary Public
Wormleysburg Boro, Cumberland County
Notary Public MyCommissicnExpire�,!,, - °- 12.2017
MEMO MONEY ORDER COURT OF COMMON PLEAS,
ORDER COMPANY, INC. CUMBERLAND COUNTY
PLAINTIFF
V.
Muhammad U. Alahbaksha , 2013
Individually, jointly and severally,
DEFENDANT 3 sLf G am,
No.
and : t'
�. _
Awan Inc., doing business as cs�
Prospect Chevron -'� -
Corporation�"��,'
DEFENDANT
-�
AFFIDAVIT OF ADDRESSES
e
COMMONWEALTH OF PENNSYLVANIA SS: »
COUNTY OF CUMBERLAND
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:
Awan Inc. Muhammad U. Alahbaksha
85 Railroad Avenue 107 Beverly Court
Prospect, VA 23960 Farmville, VA 23960
David Bush
SWORN to and subscri ed
before me thmis 1 ,
y o , 2013.
Lnnle E' "OF FcyNSY -' -
OTARIAL .MEAL H. SMITH. Notary Pubac Notary Public g Bcr:. Cumberland County sicn Expire; .! -.vc 12 2017