Loading...
HomeMy WebLinkAbout05-4158 Merchants Express Money Order Company PLAINTIFF v. Luz M. Bobe Individually, jointly and severally, DEFENDANT and Coneccion Latina Sole proprietorship DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY ,2005 No. ()S" - J.j l {p CiutL 'I vu; 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, jointly and severally, as follows: Principal: Interest: Lost Fee Income: Attorney Fees: Total; $ 8,812.93 $ 691.03 $ 5,706.50 $ 4,563.14 $19,089.48 ~~~ Attorney for Defendants Attorney ill: 76859 I Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Luz M. Bobe Individually, jointly and severally, DEFENDANT ,2005 and No.D!:-<4/r::P C;u~L~~ Coneccion Latina Sole proprietorship DEFENDANT COMPLAINT IN COFESSION OF JUDGMENT FOR MONEY I. Plaintiff Merchants Express Money Order Company (hereinafter "MEMO"), is a Pennsylvania Corporation wholly owned by the Pennsylvania Food Merchants Association that engages in the issuance and sale of money orders and whose address is 1029 Mumma Road, Wormleysburg, Pennsylvania, 17043. 2. Defendant Coneccion Latina (hereinafter "Coneccion"), is a sole proprietorship, whose address is 132 W. 4th Street, Bethlehem, Pennsylvania, 18015. 3. Defendant Luz Bobe (hereinafter "Bobe"), is an individual residing at 201 E. Federal Street, Allentown, Pennsylvania, 18103. 4. Defendant Bobe is the owner of Defendant Coneccion and entered into the Trust Agreement on behalf of Defendant Coneccion on or about January 19,2004. A true and correct copy of the Trust Agreement under which Defendants Bobe and Coneccion are confessing judgment is attached hereto as Exhibit "A". 5. Defendant Bobe, with the intent to induce MEMO to enter into a Trust Agreement with Defendant Coneccion, entered into the Personal Indemnity and Guaranty on or about January 19, 2004. A true and correct copy of the Personal Indemnity and Guaranty under which Defendant Bobe is confessing Judgment is attached hereto as Exhibit "B". 6. The forgoing judgment against Defendants Bobe and Conncecion 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$19,089.48 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 19,2004, until March 1,2005. 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 ofthe Defendant for collection by the Plaintiff through electronic or other means. I I. The Plaintiff attempted to collect the trust funds from Defendants on February 24, 2005 through an Automated Clearing House (hereinafter "ACH") method. 12. The Plaintiff, or its designated check-clearing banking center did not receive the payment ofthe trust funds on February 24, 2005 as required by the Trust Agreement and the Remittance by Electronic Funds Transfer agreement (hereinafter "Rider"). A true and correct copy of the Rider is attached hereto as part of the Trust Agreement in Exhibit "A". 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 and its Rider 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: Interest: Lost Fee Income: Attorney Fees: Total: $ 8,812.93 $ 691.03 $ 5,706.50 $ 4,563.14 $19,089.48 15. The Defendants' most recent IO-week sales average equaled 113 money orders causing Plaintiff Lost Fee Income of $5,706.50 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 $19,089.48, as authorized by the Warrant appearing in the attached Trust Agreement, together with Lost Fee Income, interest from the date of judgment and costs. ~.~ evin M. Lutkins, Esq. Attorney for Plaintiff Attorney ID: 76859 VERIFICATION The undersigned individual hereby states that he/she is an employee ofthe 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 ofhis/her knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. Cons. Stat. 94904 relating to unsworn falsifications to authorities. WNl<cJ- David W. Bush Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Luz M. Bobe Individually, jointly and severally, DEFENDANT ,2005 and No. Coneccion Latina Sole proprietorship DEFENDANT AFFIDAVIT OF NON-MILlT ARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: The undersigned being duly sworn according to law, deposes and states that he is an employee ofthe 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 ofthe 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 ofthe United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended. J David W. Bush SWORN to and subscribed before me this -l~ day of A1~lst ,2005. ^ ~ f <ffarndf\. ' No ry lic COMMONWEAlTH OF PENNSYLVANIA _Seal Jennifer R Hamelin. NotaiY Public WOITnIeysburg Bonl. Cm1bedand Coonty My CommISSicn Expires July 12. 2008 Member. Pennsylvania AssoclaUon Of Notaries Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Luz M. Bobe Individually, jointly and severally, DEFENDANT ,2005 and No. Coneccion Latina Sole proprietorship DEFENDANT AFFIDAVIT OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: The undersigned being duly sworn according to law, deposes and states that he is an employee of the Pennsylvania Food Merchants Association with the authority to make this Affidavit on behalf of the Plaintiff, Merchants Express Money Order Company, 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: Coneccion Latina 132 W. 4th Street Bethlehem, PA 18015 Luz Bobe 2 E. Federal Street lie own, PA 18103 SWORN to and subs%!bed before me this IS day of ()t ,2005. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer R. Hamelin, NcIaIy PublIc Wormleysburg Boro, CunbeI1and County My Commission Expires JIAy 12, 2008 Member. Pennsylvania Association Of Notaries MERCHANfS EXPRESS MONEY ORDER COMPANY/MEMO MONEY ORDER COMPANY PERSONAL MONEY ORDER TRUST AGREEMENT 11-IIS AGREEMENT;' mode betw= MERCHANTS EXPRESS MONEY ORDER COMPANY, d/b/a M&\lO, MEMO MONEY ORDER COMPANY, d/b/a MEMO, Penru.'j'iv:Jrua Co<por.ltiom "" MEMO MONEY ORDER COMPANY OF NEW YORK, INe., d/b/a MEMO, a New York COtpOr.ltion, Ot any '"~ d/b/a! MEMO ('MEMO') and the individuaI(,) and! "" entine; ilinrified below, hereafter refeaed co as TnRe{,). In ,o=demtion of the muwaI P"'""''' oon",;"w m ths agreement ond inr<ndmg co bo leg.illy bound hereby, the pwties agree as follow< 1. Agency. MEMO appo;nt>; TNSree co act as a'f'Cal agent of M&\lO at ""'" ofTtuSt<e', <<tW _ approved tOt the sale of money otdccl ;".,.n by MEMO. TNStee ao:epts mcll appo;ntrnmt m accoro.na: Mth the ""'" ond conditions 'P'ciSed m ths Ag=ment and m the ...".;,ed Ride< herem D1cotpotated and mode a P'" hereof. 2 Trust Relationship. T~ sha1l receive -and hold in trust for 1\.1&'\[0 aU blank money otdets delivered to TnlSttt by MEMO and all rroney received. by Trustee from the: sale of money orders, mdudingwithout _on the money otder re... "t>bJ;,hed by MEMO Iiom time co time ,'ttwt fundS). TtuSt<e shlill hold the ttwt furuj, _ and apart from 0""" furuj, ofT,"""" 1 MoncyOrdcrF.... In~ ofthe""'"= rendeted coTtuSt<e by MEMO, TNSree ,hall P'Y MEMO a fee ,'Money Onkr F...') ~m the altllchedridet. MoocyOnkrF... maybe: modified by lvIEMO at any time upon thirty (30) days prior notice to TtUStee. 4. Materials Supplied by MEMO. F"" the "'~ pwpose of..umgmoney otdccl pum=t co ths Agreement, MEMO will '"PPly TNStee Mth the foUowing: A An adequate '"PPly ofbbnk money otdm...aaJIy numbeted and ~ of two Ot tluee P"'" The n"t P'" being the money om Uwument itself (,OJb/putchoset', leeeipt with two p"'); the =and P"'beingthe accounting (,to<e) tOp}'; and the thinl P'" being the putchoset', 'opywith a tlueep"'fuan. B. An ag<n<:y ;",tl!Iation foldet ton.,;";,,g adequate ,"pplies of money otder repotting fu""" mailing J.be]" too money o<<let dann <::ud" ,top payment foans and van"", 0""" funns =- fot the tontinuous and on-gomg op=rion of a money otderprogrnm Futthennote, TNStee '8"" co comply with all FedernI and S_ reguIarions govem;ngtuaent)'""""<tion repo'" and fut teCO<d i<eepms C A money o<<let;",printer of the quafuy =- CO ~rint the money otder do1lat v.llue fumly moo the money otder '" as CO inhibit the aIternrion of ""y ttem Money otder;mprintels shlill bo of two different 'JPC' ~ ofboth _c money otder ~ and manual money otder ~rin_ At MEMO', sole c>saetioo, Other type of c>spemer shlill bo ;".,.n co agent. M.nu.1 money o<<let ~ ,hall ton"",, an idenofymgplate, whU:h shlill =rl ''MEMO'' fuflowed by the TNStee!D. numbet. EIectrocic money otder ~ ,hall bo progmmmed by MEMO co mea.. TNSree!.D. numbet on imprinted money otdccl. Such money otder;",prinletS shlill at all times ton","" CO bo the sole propetty of MEMO and shlill not bo <emoved from the TNSree', <<tW """'_ where it W'.lS origmaIly inseilled by MEMO, Any othet money otder ~ not owned by MEMO ond u=I by TtuSt<e co ~rint money o<dots mwt bo 'PP"'ved by MEMO. D. Such advertisingmatcial. as MEMO in ilS sole discretion shall detomine. S. Right to an Accounting. Notwithstu1ding any other provision of this Agreement, MEMO shall have the right. at all re:lSonab1e times, with or without notice, to access TtuStee's premises and to inspect: and perfoan an accounting o~ or cause its employees or agents to inspect: and perfoan an accounting o~ the ash rc:cCplS, Money Order Fees,. the accounting (store) copies of money otde:cs sold and the: Trustee's inventoty of unissued. money ordo:s. A charge will be assessed ~ Trostee to recover expenses incuned by MEMO when an audit is made due to Trustee's breach of ths Ag=n=t "" if the audit d;sdos" a breath. (See audit fee/J"""Ity fee ,,:hedule). ~ Rules ""d Regulatioos. TtuSt<e ,hall 'omplyMth the fullow;"gruIe. and~ A No rrx>11q order shall be issued or sold to anyone in payment of any obligation ofT nJStee or used in any manner for Trustee's own pwpose:i. B. Only cash shall be accepted as paymc::nt for money orders issued or sold No check or other paper transmitted or deposited by Trustee CO or for lvlEMO :Will constitute a remiccmce to MEMO Wltil accually collected. MENlO to have the option in each case as to whether to deposit any such paper for collection. C Trustee shall safeguard all unissued money 0Idcs and the money order imprinter with the highest degree of am:. The care exc:rcised in regard to money orders shall be at 1east as thai: applicable to cash. Trustee shall report to MEMO the: scriaI number of each money order stolen or missing. and all other information relating to the evmr, immediately upon discovery of the fact:, but in any event not lacer than twenty-four (24) hours prior to the money orders being presented for payment: to i\fEMO so that payment can be stopped on!.UCh missing or stolen money onIets. Suth report ,hall bo by tdephone and ttnmediately oonfumed m writin!; TNStee shall bo ",!ely "'Ponsible f"" all losses arising from, and shlill mdemnify MEMO and hold ham1less regarding any :IIld all stolen or missing money orders as well as any money order imprinters issued to T nJ:otte. Furthermore, T rusree sha1l be responsible for repair or replacernent of any issued money order ~ stolen or damaged as a result of misuse, negligence, abuse, fire or otherwise. Said re.-poosibility and liabiIicy ofTrosree shall not be limited by Trustee's complionte Mth the S>fegwnling. <=, and repotting oblig>rions set forth m ths_11. 0. Trustee shall at all times mainmin a sound linancial posicion :1I1d provide a.u:rc:nt 6nancia1 information to MEMO as requested by MEMO. T mstee shall CoOO..1ct operotions so that the funds gener.ued from the sale of money orden; will not be in jeopardy nor seem in the opinion of a reasonable person to be in jeopardy and shall cease the issuance of rooney otde:cs and notify MEMO immedWely, ,hould ,uch jropanJy am. Norificuion co MEMO shlill bo mode promptly by tdephone and immediately oonfumed m ~ "Soum! F""""," Condition' ,hall """" <h>t there h>s been no material adv"" thange m the busin=, opemtiom, condition (liNn<:W ot othetMse) "" prospec1S of the TtuSt<e and that neithet TNSree "" any Guamnrot h>s become insolven, genernIly un>b~ CO pay it>; debt1i as they become due, mvohmt>rily '"'Fended """,action of it>; bu.in=, mode a geneml asSgnment fot the benefit of"",- mstilUled a proceeding descnbed in Paragraph 7B or consented to any such order for relie~ dedanuion, finding or relief descnbed the:rein, institute a procoo:li.l& described in Pamgraph 7B or consented to any such appointmmt or to the taking of possession by:my such official or all or any subsmntial part of its property, whether or not any such proceeding is instinltOO, or has mkm any action in furtho:ance of any of the foregoing. A lack of sound 6nancial condition sha1lll1so include when Trusn:e fuiIs to pay, on the du:ewhich the sm1eis due, any sum payable hereunder or fui1s to pay its cn:ditots gmernlly or makes repn:sent:1tions to MEMO or to other creditotS that it must delay any such payment under conditions which, in the sole disaerion of MEMO, it appealS that Trustee is no longer in a sound financial condition E. Trustee shall provide MEMO by facsimile ernnsmitb.l or registered mail three (3) weeks advance notice of proposed change(s) in the ownetShip 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 6(E) include transfer of stock of Trustee, sale of partnership, interests, limited liability company or partnership's interest or ony 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 appronl. of MEMO. Any attempt by Trustee to effecr such a trnnsaction with r..iEMO appronl. shall be void. ab initio as to MEMO. If Trustee fails to give such notification, Trustee, as well as its successor, shall remain liable for the payment of all sums and the performance of all duties required by the Agreement Any change of ownership or other assignment within the meaning of this parapph shall bind Trustee's successor or assignee to the teons and conditions of this Agreement F. At Trustl:e's retail esmblishment where money orders ~ sold. Trustee shaU seD only MEMO money orders. G. TtuSt<e shlill ,en M&\!O money o<dots only atTNSree', 'P'cificilly approved pt.ce. ofbu.ine" "" future pba: of"""",, as approved by MEMO, H T mstee shall remain open dlJriog the course of normal business how:s for the dmuion of this agreemenc. Failure to do so shall constitute a bte.u:h of this agreement. 7. Term. ofAgrecmcnt. The tem1 of this .Agret;m:nt shaIl ron fora period of live (5) ye;us from the date of this .Agret;m:nt and shall renew autDm:1ticilly for successive five (5) year periods. A.fu:r the initial five..year tean of this Agreement, Trusn:e may teIminate this Agreement: upon six (6) months prior written notice CO 1rJE...IO, and MEMO may ceaninare this Agreement: upon sixty (60) days prior written notice to Trustee. In the event Trustee docs not provide proper cennination notice, T lUSCI:e shall be respom;ible for lost fee income to MEMO for the duration of the contraCt in effect. Fee income shall be o1culated using Tnllo'1ees m:Hit recent lO-week silles average. Norwil:ru.-mnding the foregoing. .ME.i\10 may tenninate this Agrecm:nt at any time, imrnediacely and without notice, and/or enter judgment according to the provisions ofParngrnph 11 hereo~ upon the luppening of any of the following evenlS: MEMO or its dc:signaa:d. check-clearing banking center does noc receive rhe accounting doaJmentation or payment of tlUSt funds (Ulduding money on:ier sales proceed; and money rn:der fees), within the rime pericxi and on the terms specified in the Rider to this Agreement B. Trustee or :my Guamnror commits any act of insolvency, or upon the filling by T rusree or :II1f Guarantor of :lIly petition under any bankruptcy, reorganization. insolvency, or moratorium hw, or:lIly law for the relief or, or reIa.ting to debtors; or the filling of :lIlY involunt1rypetirion agairu;tTrostee under any bankruptcy stl.D.lte, or the appointment ofa receiver or tIUStee to take possession of the property or assets of Trustee; or the subjt:c:t:ion of :lIlY Trustee's property or assets to:lIlY levy, seizure, ;1Ssignment or sale for or by any cn:ditor or govemrnentLl agency. C The non-perfomrance by T rostee of any obIigatiom ofT rusree pun;wnt to this Agreement. The happening of any of the foregoing evenlS shall be a detwltundec chis Agreemc:ncomd, without any notice from M:&\10, constitute a defuult under any and:ill agteemenOi ofTIUStee and/or Trustee's gllllrJntor{s) with Consumer Payment Services, or any other reIated company. In the event M.EJ.\{O terminates this agreement due to a. default, Trustee shaD. be responsible for lost fee income to MEMO foc the durntion of the eoruract in effect. 8. Termination. Upon the expirntion or r.ennination of this.Agrecment. Trustee immediately shall deliver to MEMO all cash receipts from the sale of money ooiers, money order fees due ~ro, aa:ounting (l>wre) copies of money otUet:s issued, the money on:fer imprinter and any and all materials or documents provided to Trostee by MEMO punroant to this Agreement, including. but not limited to, all bIank money otder fOtm;. All obligation, covenants, liabilities, and indemnities of T IUStee hereunder shall survive the expiration or ceanination of this Agreement. A tennination notice provided by MElvIO for :my reason other than the expiration of this Agreement slull be effective as of the: happening of any such event causing teunination under p:1r.1gr.lph 7 hereof or upon the entry of confessed Judgment, whid1ever first occurs. 9. Confession ofJudgtnent. Trustee hereby irrevocably authorizes and empowers any attorney or the Prothonotary or Clerk of any coun of record, upon or after the occunence of any event described in paragraph 7, to appear for and to confess or enter judgment against Trustee for the face amount of an money orden sold pwsuant to this Agreement, the applicable Money Order Fees, accrued intm:st thereon, interest expc:ose not to exceed eighteen percent (18%), and for any other sums due MEMO undu this Agreement:, together with ccpcnses and cost of suit and reasonable attorney's fees and said fees not to cx:cced thirty percent ~/o) of said amount and sums, for collection as provided herein inchJ.ding ad 1cpl fees incwrcd in any Bankruptcy ofTrostee. Far such purpCl6C, this Agreement or a copy h~fvcrificd by affidavit by Trustee or on behalf ofTrostee by said attorney, Prothonotary or Clerk, shaD be su1licient warrant. The remedies of MEMO as provided herein and the wamtDlJ! obtained bcmn sball be enforced in attordancc with the terms of this Agreement and may be pursued singly, suca:ssivdy, or togetheI: at the sole disaction of MEMO and as often as occasion therefore shall occur. The failure to o::erdse any such right or roncdy shall in: no evctt be consrrued as a waiver <:It release thereof. 'The audtorio/ and power to appear for and confess or enter judgment against Trustee shaD not be exhausted by the initial orercisc thereof, and the same may be exercised, from time to time, as oftc:n as MEMO shaD deem necessary and dcsUablc, and this Agreement or a copy hcrc:of shall be a sufficic:nt Warrant therefore. One or more: judgments may be confessed or entered in the same or different counties for aD or part of the swns described in this paragraph. In the event any judgment entered against Trus~ hereunder is stricken or opened upon application by or 00 Trustee's bdWffor any reason whatsOever, then any attorney or the Prothonotary or Clerk of any coun 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 CIltty or conftssion of judgment may only be done to ctU'e any errors in prior~, .and only and to the extent that such errors arc: subject to cute in the late proceedings. 10. Li2bility. Trosree, regntdless of Trustees freedom from negiigence or ether fuuir, shaH be absolutely liable: A To make remi"""" to MEMO of the fuce """"'" ohllmoney olden wid, the Wlicablo Money O<der Foes, me! all othe.omonies due MEMO unde, au. Agreemen, rega<d"" of the mysterious or non-mysterious disappe1r.1nCe 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 ME.J.\10 the totnl amount of all sums of money that may be expended by or for:MEIv{O in paying any money ordas delivered by .MELVIO to Tl\.IStee !hat are subsequently presented for payment, whether or not MEMO is leg;illy liable to pay the same This subparagraph shall not apply to any money order as to which Trustee shall have fu1Iy perfoaned TlUStee's duties under this Agteement. 11. Indemmty. Trusree ,haIl~, defend me!hotdhannl= MEMO from me!oga;n.t "'y me! all losses, damages,!abiliries, clai.m, actions,...... proceedngs, judgmen", """"""""'"""', penalties, cosa, interest, and expenses (tncluding. but not Iirnited. to, settlement cost and reasonable Iega1 and accounting fees) susttined by MEMO resulting from or arising out of any act or omission to act, whether honest, dishonest, negDgmt'oc ot:herwise by Trustee or Trustee's ~loyees, agtnl3, assoc:iates or repre;e:ntllives (whet:herwithin orwithout their scope of performance). 12 Security. As fi.uther consideration of llppointnxnt by MEMO as its agent, and in order to protect l\1EM<Ys property from conversion, Trustee hereby grants to MEMO a. continuing seeu.city interest in TIU:.tee's bank account, invenrocy accounl3' receiv.Wle, assignment ofleu;e, .and .fixtures at all TIUSree locations. Trustee agrees to OCeoJte all documents necessary to c::reate or perfect ,-ueh securiq> ."e,,,,, ;"cIudmg, but not linUted to, reconkd Unifrnm Commen:;aJ Code-Firumciol S_ (UCC1{'j) fillings. Furtheuro", MEMO """"'" the right to requUe odilltionaJ co1lateraJ. as it deems necessary for ongoing upprovai and for the duration of the Agreement. In the event Trustee changes OWtleIShip in TtUStee's business in any transaction similar to those set forth in paragt'Jph 6(E) hereof, without prior notice and approval by MEMO as set forth therein. Trustee hereby grants a security inn:rcstin the proceed<; of any such transaction until such rime as an approved trust account is re-estab1ished 13. Notices. Except as otherwise stated, all notices, correspondence, and communications under this Agreement shall be in writing and addressed as follows: IFTOMEMO, MEMO IFTOTItUSTEE See_RUie< P.O. Box 8863 Camp Hill, PA 17001-8863 14. Choice of Law. This agreement shall be constIuc:d under and in accordance wilh the Jaws of the Commonwt.:alth ofPemsylvania, disregarding any tules relating to the choice or conflict: ofIaws. The parties consent to venue and personal jurisdiction in Cu:rnbe:tIand County, Pennsylwni:1, or, in the: case of MEMO's exetcise of rights under Paragctph 11 hereof, in any othcrcourt: ofrecotd in PennsyMnia or elsewhere. 15. Nan-Waiver. The fuilure of MEMO to enforce anyprovlsion of this Agreement or its failure to decbtc a def.ro1t under this Agreement shall not coru.1i1llte a w:Uvcr or any bte1<:h or of any provision of this Agreement and sball not prejudice the right and/ otpower of MEMO to proceed. as fu11y as ifit had not failed to enfotCC any provision of this Agrecmt:nt. 16. Enfo= In the ovent of defwlt uncle< the lemlS of au..Agrecment. TtuS"" ogt= tho< MEMO shaI!,;" oddi<ion to aU rights;' might have unde, <he Wa, hav< the right of Keki"gspecilied pcrfoanancc in the court of equity. FUl"theunore. Trustee agrees to consc::nt to the jurisdiction of a COU1t of equity regarding the enforcement of this Agreemc:nt and/or the c:nfurcement of MEMO(s) rippts;" the event of"'Ydef.wJt by Trustees. 17. Cas, of Enforecnen< T= shall pay, on demand by MEMO, all """ me!e:<penses including re=nablo attamey's fees UlcumxI by MEMO;" conneetion with the enf'oocomen, oftIUs Agreement. Construction. All references in this Agreement in the singuhu: shall be construed to include the ph.Jral where applicable and the masa.iline shall include all other genders. All covt:ll2llts. agreements and obligations ;" tIUs Agreemen, ~ by T = shall be, and <halt be deemed <0 be, joint and '''''''" COO""""'" ~ of the _hs of au. Agreemen, ore fo, con""""" only and do not limit, expand. or otherwise construe the provisions or contcrmI of this Agrecmt:nt. 19. En<i<e Ag=en< Ths Ag.eemen, together ~th all ~ts me! rid=, relllOd se<urity doeuments me! such rules me! <<gUIations " may be promuIgoted by MEMO "" <he is"""", of money ordr:rs from time to time, shall constit:ute the entire agreement between the patties hereto. There are not other agreements or undersmndings, written or oral, between the parties with ""P'" to <he subi'" matte< of tIUs Agteement. There shall be no moWfic>rions, smendmen", '" altemtions to au. Agre= uoIess ogttod to;" writing. Ogned by all ~ This Agteement. ,hall bUldme!Ul=to thebenefitofthepo<ties, thci<~hei<s,~~me!propeoo>sOgru<. 20. Time of the Essence. Tunc is of !he essence in this Agreement and. the Rider. WARNING - BY SIGNING TIllS PAPER, YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU 00 NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOur YOUR PRIOR KNOWLEDGE, AND THE POWER OF A COURT CAN BE USED TO COLLEcr FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVEAGAINSTTHE CREDITOR, WHETHER FOR RETURNED GOODS, FAUL'IY GOODS, FAILURE ON IDS PARTTOC LY AGREEMENT,ORANYOTHERCAUSE. 0- I u;o'f J:if~ cr~~ At?"".. ~~~ T tuStee (IndMduaI) MER EXPRESS MONEY ORDER COMPlINY! ME,vlO MONEY ORDER COMPANY! ~~~ Trusree(Iru.UvUluaI) Trustee(Iru.UvUluaI) MERCHANTS EXPRESS MONEY ORDER COMPANY MEMO MONEY ORDER COMPANY PERSONAL MONEY ORDER TRUST AGREEMENT REMITTANCE BY ELECTRONIC FUNDS TRANSFER TIlls Rider is an integral part of the Personal Money Order Trust Agreement being executed by the parties simultaneously herewith. Any changes to this Rider shall serve as an authorized addendum to the original Trust Agreement when properly executed by both parties. TRUSTEE: /1 ..;/ -r--'" ....,. Corporate/Business Name ~ d- ~---- StreetAddres/3.:l- W Lj At City~~ StateP.......ZipCode/ff)/,J.- Telephone NumbeJ,(V i r. '7 -.SS:O.{" Fax NumberG./O R6 / &S~gent Number Legal Entity: Q Corporation Q LLC Q Partnership ~ Sole Proprietorship MONEY ORDER FEES: Money Order fees shall be based upon the aJ'C<.Jge weekly volume of Money Orders s,!!d ~ Trustee. Trustee's Money Order fee shall be $ .;L.S.,.. _ Rer item at a maximum retail selling price of $ ..s C::l r- . Additionally, a money order dispenser fee of $ ..s:~ per week/month shall apply. Weekly money order dispenser fees shall be included with Trustee's last (if applicable) regular weekly ACH draft. Monthly money order dispenser fees shall be included on the next regular weekly ACH draft following the last calendar day of a particular month. The minimum monthly revenue generated by Trustee's account must equal $ per month. The difference between the minimum rnonthly revenue and a combination of per item money order fees/money order dispenser fees will be calculated monthly, reported via debit transmittal notice approximately three weeks following the 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 MERCHANTS EXPRESS MONEY ORDER COMPANY, d/b/a MEMO, or MEMO MONEY ORDER COMPANY, d/b/a MEMO, Pennsylvania Corporations, or MEMO MONEY ORDER COMPANY OF NEW YORK, INC., d/b/a/ MEMO, a New York Corporation ("MEMO") at any time upon thirty (30) days notice to Trustee or when MEMO's ten week sales analysis indicates per item weekly volume not consistent with MEMO's fee rate schedule. PROCEDURE FOR SALE OF MONEY ORDERS: Trustee shall sell money orders strictly pursuant to the following procedures: A. Trustee shall sell only MEMO money orders in each retail establishment. Trustee shall ensure that the money orders are held secure at all times, and that such money orders along with the funds generated from such sales, will not be in jeopardy, nor seern 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. B. Trustee shall sell money orders in strict numerical sequence in accordance with the number printed on each blank money order. (JlJ C. The face amount of any money order sold by Trustee shall not exceed the sum of $ ~ 0 D D. Trustee shall not issue a money order until such time as Trustee has imprinted the applicable amount on the face of the money order, utilizing only the imprinter approved by MEMO and no other imprinter; collected from the purchaser the face amount of the money order and an additional amount determined by Trustee's retail fee; and removed and retained the accounting (store) copy of the money order. E. If the money order imprinter is not in proper operating condition or properly inked, Trustee shall immediately report such fact to MEMO's Help Line at 1-800-864-5246. F. MEMO may deliver blank money orders to Trustee, or to any agent, employee or representative of Trustee, by whatever means MEMO deems appropriate, and MEMO is authorized to receive and issue a receipt for blank money orders on behalf of Trustee. TERMINATION: Upon termination, cancellation, or breach of the Trust Agreement by Trustee, Trustee hereby agrees to one day's written demand notice by MEMO to forthwith return by next day US mail or common mail carrier all Trust instruments in its possession, including but not limited to money order imprinting machines, all blank money order forms, the face amount and applicable money order fees due MEMO to date, and all other outstanding balances due MEMO, along with any other materials supplied to Trustee by MEMO in accordance with the Trust Agreement (hereinafter "Trust Property''). In the event that Trustee fails to return such items upon one day's written demand, Trustee hereby authorizes MEMO or its representatives or appointed designees to appear at Trustee's place of business and peaceably obtain custody of all such Trust Property listed herein. The costs of any repossession by MEMO shall be borne exclusively by the Trustee. TRUST FUNDS REMITTANCE: Any Trustee utilizing electronic money order dispensing equipment will be forwarded a weekly money order Sales Summary Report, prior to the close of the sales reporting day. The weekly money order Sales Summary Report will reflect money order sales for the applicable reporting period. SALES PERIOD: ;7J~;:Y ?E~~ ENDING DAY S~&/~ REPORTING DAY M~I Trustee will be provided all pertinent reporting information on the weekly money order Sales Summary Report. As per predetermined schedules, MEMO will initiate an electronic transfer of funds due MEMO, including the face value of money orders sold, plus applicable fees due MEMO, from Trustee's bank account to MEMO's bank account. If Trustee's method of remittance is via wire, Trustee will initiate a wire transfer of applicable rnoney order sales proceeds plus applicable money order fees from amount Trustee's money order Trust Account to the designated MEMO bank deposit account prior to 2:00 PM on the designated remittance day. All funds due MEMO must be included with remittance when due. All outstanding statement balances due at this time must be included with remittance, including debits due MEMO and/or credits due Trustee. If Trustee changes banks and/or bank accounts as identified in the Trustee's EFT agreement, Trustee shall immediately inform MEMO of such change by telephone and prompdy confirm in writing. Ibis arrangement shall not be revoked unless all funds due MEMO are paid in full. If Trustee did not sell any money orders during the Sales Period, Trustee must still remit payment for outstanding balances as notified by MEMO. All voided money orders must be voided through the electronic money order dispenser during the sale date only to avoid charges to Trustee's account. If a voided money order is not voided in the money order dispenser, Trustee shall write, ''NOT USED FOR PURPOSE INTENDED" on the 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, Trustee shall forward the original voided money order to the MEMO office and MEMO will issue a refund to Trustee in the form of a replacement money order. Trustee shall ensure that the electronic money order dispenser is available for MEMO to electronically transmit polling data on a daily basis. If the electronic money order dispenser does not poll consistendy, Trustee must provide MEMO with the money order sales date manually as requested. Trustee ensures that the electric money order sales dispenser is always turned on and always prompdy connected to a clear telephone line during electronic polling transmission times. WEEKLY ACCOUNTING AND REMITTANCE: On and of each week, MEMO will calculate a weekly money order sales total from daily data obtained from Trustee via electronic polling transmission of the money order dispenser. MEMO will forward the weekly Money Order Sales Summary Report to Trustee as stated above. Trustee shall reconcile the weekly Money Order Sales Summary Report with its records and inform MEMO of any differences. Trustee must retain the accounting (store) copies at its location for a period of three months from the reporting period. Trustee shall forward the accounting (store) copies to the MEMO office upon request. If the accounting (store) copies are not requested during the three month retention period, Trustee shall discard the accounting (store) copies at its own discretion. TRUSTEE C"'1'o",,~ttN_~~~ Signav ~ A----- Tide ~ / /; &; J y>oy / I MERCHANTS EXPRESS MONEY ORDER CO. MEMO MONEY ORDER C MPANY. Ti Date Date ELECTRONIC; Janu:ory 30, 2003 MERCHANTS EXPRESS MONEY ORDER COMPANY MEMO MONEY ORDER COMPANY PERSONAL INDEMNITY AND GUARfNTY Intending to be legally bound hereby, and in order to induce MERCHANTS EXPRESS MONEY ORDER COI'vIPANY, d/b/a/ I'vlEMO, I'vlEMO MONEY ORDER COI'vIPANY, d/b/a/ I'vlEMO, Pennsylvania Corporations, or I'vlEMO MONEY ORDER COI'vIPANY OF NEW YORK, INC, a New York Corporation, or any subsidiary d/b/a/ MEMO ("i\lEMO") to sigo that certain Personal Money Order Trust Agreement, Rider and amendments or changes thereto as be in effect from time to time (collectively the "Agreement") with: Corporate/Business Name Street Addresl > )... t.-U, Y .4T ""- Zip Code I to /,J --- 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 widlout limitation the prompt and punctual payment of all amounts becoming due from Trustee to MEMO thereWlder, 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 1\1EMO and Trustee without notice to the undersigned and without affecting this Guaranty. iv.1E1'vfO may enforce this Guaranty against the undersigned in the Court of Common Please of Cumberland Connty, 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 11EMO 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 attomey 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 Undersigoed 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 rime to rime, as often as :tvffiMO shall deem necessary and desirable, and this Guaranty shall be a sufficient warrant therefor. The Undersigned acknowledge that by authorizing "NlEMO to confess judgment herennder, 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 WItil such time as i\1EMO 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 CO LYWITH AGREEMENT, OR ANY OTHER CAUSE. Guarantor's elL /j G L r/ 7.. ;Pf. b() b e ;; ~uar7-~ N~~d ,4-v p~ Print Spouse's Name 1t'/Z>3 Home Address City State Zip Code City State Zip Code Date Date *If not married, please indicate by affixing "N I A" on line for second Guarantor's signanlIe. No"embtr7,2002 Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Luz M. Bobe Individually, jointly and severally, DEFENDANT ,2005 and No. 61-f-'f/S-P C,'u,L ~~ Coneccion Latina Sole proprietorship DEFENDANT NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PR 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 ~ "- --0 8 ~ --t~ "< P It=- ~ f ~ .E: - ~ ~ Cf") D- o c s~ ~l\'~.;. \'j"'" :?- ...> = ~ :'P'"' c= C") C': .2.: -j ,..", - (Il ~ ::i!-n fljf~ _Q rf\ ~'lO o.h :_.?":'f. (j;1 -;.,,) f'";,rn -.::4 ?a ~ -Cl ::< 8 .t:'" >.D Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Luz M. Bobe Individually, jointly and severally, DEFENDANT and No. 05-4158 Coneccion Latina Sole proprietorship DEFENDANT ORDER TO MARK JUDGMENT SATISFIED To the Prothonotary: Kindly mark the above-captioned matter satisfied of record upon payment of your costs only. /~~ Attorney for Plaintiff Attorney ID: 76859 Merchants Express Money Order Company 1029 Mumma Road P.O. Box 8863 Camp Hill, P A 17001-8863 (800) 543-8207 o r- "."'-"" ,..." = = -..J ::po. -0 :;:0 ~ .-\ :I:-., rnp -0 Ii] :uC;.-. :"-~ ~~ C) "') ../C-n ..- ( S ?P :.< o :E: -::,,;.. \..0 .. w ('j'\