Loading...
HomeMy WebLinkAbout05-4159 Merchants Express Money Order Company PLAINTIFF v. Mooldeo Jagwandan Individually, jointly and severally, DEFENDANT and Ellen Jagwandan Individually, jointly and severally, DEFENDANT and Circle A's Inc., d/b/a Linden Street Market Corporation DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY ,2005 No. D<: - "'it/;9 (Ju~L y~ 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: Interest: Lost Fee Income: Attorney Fees: Total: $20,105.30 $ 40.21 $ 509.60 $ 6,196.53 $26,851.64 6a- Kevin . Lutkins, Esq. Attorney for Defendants , / Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Mooldeo Jagwandan Individually, jointly and severally, DEFENDANT ,2005 and No. ().\-"-II~? C~u~l~~ Ellen Jagwandan Individually, jointly and severally, DEFENDANT and Circle A's Inc., d/b/a Linden Street Market Corporation DEFENDANT COMPLAINT IN COFESSION OF JUDGMENT FOR MONEY I. Plaintiff is Merchants Express Money Order Company (hereinafter "MEMO"), a Pennsylvania Corporation wholly owned by the Pennsylvania Food Merchants Association that engages in the issuance and sale of money orders and whose address is 1029 Mumma Road, Wonnleysburg, Pennsylvania, 17043. 2. Defendant Circle A's Inc. (hereinafter "Circle A" or" Linden"), is a corporation doing business as Linden Street Market and whose address is 315 E. Linden Street, Allentown, Pennsylvania, 18103. 3. Defendant Mooldeo Jagwandan (hereinafter "Jagwandan"), is an individual residing at 1138 Arbor Lane, Slatington, Pennsylvania, 18080 and is the husband of Defendant Ellen Jagwandan. 4. Defendant Ellen Jagwandan (hereinafter "Mrs. Jagwandan"), is an individual residing at 1138 Arbor Lane, Slatington, Pennsylvania, 18080 and is the wife of Defendant Jagwandan. 5. Defendants Jagwandan and Mrs. Jagwandan are the owners of Defendant Circle A's Inc., and entered into the Trust Agreement on behalf of said Defendant on or about May 28, 2002. A true and correct copy of the Trust Agreement under which Defendants Jagwandan, Mrs. Jagwandan, and Circle A's Inc., are confessing judgment is attached hereto as Exhibit "A". 6. Defendants Jagwandan and Mrs. Jagwandan, with the intent to induce MEMO to enter into a Trust Agreement with Defendant Circle A's Inc., entered into the Personal Indemnity and Guaranty on or about May 28, 2002. A true and correct copy ofthe Personal Indemnity and Guaranty under which Defendants Jagwandan and Mrs. Jagwandan are confessing Judgment is attached hereto as Exhibit "B". 7. The forgoing judgment against Defendants Jagwandan, Mrs. Jagwandan, and Circle A's Inc., is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. The Plaintiff has not assigned the Trust Agreement and Personal Indemnity and Guaranty under which judgment is being confessed. 9. The Plaintiff has not entered judgment against Defendants in any jurisdiction for the unpaid sum of $26,851.64 or any additional amount for a total of the debt demanded here. 10. The Defendants jointly and severally acted as selling agents for Plaintiff from May 28,2002, until March 11,2005. II. Pursuant to the Trust Agreement, Defendants are required to hold all monies received by them from the sale of money orders, including money order fees (hereinafter "trust funds"), separate and apart from other funds of the Defendant for collection by the Plaintiff through electronic or other means. 12. The Plaintiff attempted to collect the trust funds from Defendants on March 11,2005, through an Automated Clearing House (hereinafter "ACH") method. 13. The Plaintiff, or its designated check-clearing banking center did not receive the payment of the trust funds on March 11,2005 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 "An. 14. The failure of Plaintiff or its designated check-clearing banking center to receive trust funds from the Defendant in accordance with the Trust Agreement and its Rider constitutes an event of default allowing Plaintiff to enter judgment against Defendants. 15. Pursuant to the Trust Agreement, the Plaintiff suffered damages by the Defendants conduct as follows: Principal: Interest: Lost Fee Income: Attorney Fees: Total: $20,105.30 $ 40.21 $ 509.60 $ 6,196.53 $26,851.64 16. The Defendants' most recent 10-week sales average equaled 49 money orders causing Plaintiff Lost Fee Income of$509.60 as a result of Defendants' default. 17. Plaintiff demands judgment in the aforementioned amount as authorized by the Warrant of Attorney contained in the Trust Agreement attached hereto as Exhibit A. 18. The Warrant of Attorney contained in the Trust Agreement is less than twenty (20) years old. WHEREFORE, Plaintiff demands judgment in the amount of $ 26,851.64, as authorized by the Warrant appearing in the attached Trust Agreement, together with Lost Fee Income, interest from the date of judgment and costs. ~~//c Kevin M Lutkins, Esq. Attorney for Plaintiff Attorney ill: 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 ofhislher 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. c C ----- /- Dan Oliva ?--------------- ~ ~ Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Mooldeo Jagwandan Individually, jointly and severally, DEFENDANT ,2005 and No. Ellen Jagwandan Individually, jointly and severally, DEFENDANT and Circle A's Inc., d/b/a Linden Street Market Corporation 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 to the best of my knowledge, information, and belief, the addresses of the Defendants are as follows: Circle A's, Inc., d/b/a 315 E. Linden Street Allentown, P A 18103 Mooldeo Jagwandan 1138 Arbor Lane Slatington, PA 180 Ellen Jagwandan 1138 Arbor Lane Slatington, P A 18080 Dan Oliva SWORN to and subscribed before me this 15" day of ~,2005. ~f 1t1meC", N ar blic COMMONWEALTH OF PENNSYLVANIA NolariaI Seal Jennifer R. Hamelin, Notary Public W(l"lll.~IlIl'lI Boro. Cunbel1and Coonty My CornmiIolon El<pires JUy 12, 200ll Uembe,. Pennsyfvania AS$OCietlOn Of Notaries Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Mooldeo Jagwandan Individually, jointly and severally, DEFENDANT ,2005 and No. Ellen Jagwandan Individually, jointly and severally, DEFENDANT and Circle A's Inc., d/b/a Linden Street Market Corporation DEFENDANT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: The undersigned being duly sworn according to law, deposes and states that he is an employee of the Pennsylvania Food Merchants Association with the authority to make this Affidavit on behalf of the Plaintiff, Merchants Express Money Order Company, a wholly owned subsidiary of the Pennsylvania Food Merchants Association. The undersigned also states that to the best of my knowledge, information, and belief, the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress o~ ~s _enn"~ ~iva - -Z' SWORN to and subscribed before~~~ ~, day of . + ,2005. i'-- u ic MMONWEALTH OF PENNSYLVANIA NotarlaI Seal JlIllI'liIer R Hamelin, Notary Public W<lnn\6ysbuIg Boro, ClInbelIand County My CommIssIon E>cpires JUy 12, 2008 Member, pennsytvan18 Association Of Notartes MERCRANTS EXPRESS MONEY ORDER CXJMPANY/MEMOMONEYORDERCCMPANY PERSONAL MONEY ORDER TRusr AGREEMENT 1HlS AGREEMENT is made bern.en MERCBANIS EXPRESS MONEY ORDER CXJMP ANY or MEMO MONEY ORDER CXJMPANY, d/bI, MEMO, 1'enns)lv.mia Corporation< or MEMO MONEY ORDER CXJMPANY OF NEW YORK, INC, d/bI, MEMO" N,w YOlk a.poratim ('MEMO') and the mdivXlltll(s) and/or enrir<s i:Ieorified below, hereafter referred to " Trusree(s). In CDnsiJer.rim of the muwal promises CDntAiooi in this ag<<ernent and irnen&ng to ",legaIlybound hereby, the patties agree" folbws, 1. Agency. MEMO appoints T=e to act " , sp<cia\ agent of MEMO at e3Ch of Trusree's reuil establishments approved for the ... of rrxmey onJea issued by MEMO. T=e >:cepIS such appcintIrenr in =nJanCe wtth the tmns and coOOiOOns specif<d in this Agree=nr and in the attached Rider herein incotpor.lrtrl and made , parr hereof. 2. Trust Rdationship. Trusree shall recei;e aOO bcll in ausr for MEMO all blank rrxmeyonJea delivered to T__ by MEMO aOO all rrxmeyreceived byT__ from the sale of rrxmeyOlOOS, ioclOOing without limitation the rrxmeyooJerfees established by MEMO from rim: to rim: ("ausr funJs.} T= shallhok! the ausr funJs _ aOO apatt from other funJs of Trusree. J. Money Older Fees. In CDnsilwtion of the servi:.es rendered to Trustee by MEMO, Tru>tee shall pay MEMO ,fee ("Money o.rler Fees') speCf.,d m the attached 00er. Moneyo.rler Fees may'" mxltt.,d by MEMO at anyrim: upon tbmy(JO) day.; prior notice to Trostee. 4. Matl:tia!s Supplied byMEMo. Forthesolo puqx>seof selling rrxmeyonJea _tothis~MEMOwillsuppIyTrostee wtthrhef~ A An.Jequale supplyof blank rrxmeyonJea, seriaI1ynumbered and consistivg of "'" or three parts, The fitsr parr bcing the rrxmeyooJer insttur=t itself (stublputclIas<t's receipt wtth "'" pan); the serond parr bcingthe accooming (store) copy, and the WHd parr bcing the putclIas<t's copywtth, three parr fann B. An "iP"Y installation folder ~ .JequaIe supplies of rrxmey ooJer repotting forms, mailing labels, lost rrxmey ooJer claim =Is, strlp P'J'D"tI' forms and various other fonn< """""Yforthecootinuous and on-gcing operation of ,rrxmeyooJer program. Fmthenmte, T__ agrees to complywtth all Federnland S"", ~ ~ cunency=aaion reports and for re<:md~. C A rrxmeyooJer imprinter of the qua!itynecessatyto imptinr the rrxmeyooJer dollar va1ue finnlyinro the rrxmeyorder SO" to inhib. the altet2tion of any irem. MoneyooJer llnpri= shall be of "'" ilifferem types coosmig of both ehmri: rrxmey order dispen= and mmua1 rrxmey ooJer imprittters. f< MEMO's sole tlisaetion, either 'lI" of dispenser shall be issued to ~ Manuol troney order dispen= shall COOlain an identifj;ng plare, whi:h shall re,d "MEMO" foJlowed by the Trusree !D. number. Elecrmni: rrxmey order dispen= shall '" programmed byMEMOto _ Tru>tee!D. number onitnprinn:drrxmeyonJea. Soch rrxmeyorderllnpri= shall at all cinE< continue to be the solo propertyof MEMO and shall not be rezroved from rhe Trustee's reuil estab!isht=lt where . was originally installed by MEMO, Any other m:>ney order dispen= not owned by MEMO aOO use:! by Trustee to imptinr rrxmeyoro..s must be approved byMEMo. D. Sochadvenisingrnateti.l" MEMOmiIs soIodisaet>onshalldetennine. 5. Right to an AcCOWlting. ~ anyother proviMn of this ~ MEMO shall have the right, at all re=oabIe tixre;, wtth or without notice, to """'" Trostee's premises and to iospoct and pertann an accounting of, or cause iIs emploj<es or agents to Ulsp<ct and pe>fonn an accounting of, the cash receipts, Money o.rler Fees, the accounting (store) cop;" of m:>ney onJea sok! and the T='s in-..y of unissued m:>ney onJea. A cbaIge will be assessed against Tru>tee to recover ""P""'" incun.d by MEMO wl-.n an auiit is made due to Trustee's I=ochof this Agree=nrar. the ,Witdisclost:s al=och. (See auiitfee!p=kyfee scbedu1e). 6. Ruksandl\egulations. Trosteeshallcomplywtthrhefallowingrulesand~, A No rmneyordershaIl be i'iSued or soli to all}O!lf in payrrent of anyobIigarion ofTrusree oru;ed in mymmnerforTrustee's own puzposes. B. Only cash shall be o:cepted " pal='" for m:>ney onJea issued or sili. No cbfck or other paper transmitt<d or depa<tt.d by Trostee to or for MEMO shall constitute a remin:aru:e to MEMO wtt1l actuallyCDIIecred, MEMOto have the optioo in e3Ch case" towhetherto depa<. anysoch paperforco1lection. C Trostee shall saf"1;\l"'<l all unissued rrxmey aro..s aOO the rrxmey ooJer imp"""" wtth the h;gbest degree of care. The care e=:ised m . to m:>ney onJea shall be at least " tb.t appli:able to cash. TtuStfe shall repott to MEMO the serial oumber of '''"' rrxmey ooJer stem or missing, aOO all other infonnation reIatiDg to rhe event, irnn.,diareIy upon discovety of rhe fn, but many""'" 00< later tban _four (24) hours prior 10 the rrxmeyonJea bcing presented for P'J'D"tI' to MEMO so tb.t pa)'WlI "" be stopped on such missing or stolen m:>neyonJea. Soch repon shall be by telephone aOO irnn.,diareIyconfurned m writing. Trustee shall be sole1yrespoosible for allb>ses arisiDgfrom, aOOshalliodemnifyMEMOandbcll hannIess reganJing any and allsrolen or missing m:>neyonJea" ...nas anyrrxmeyooJer llnpri= issued to Trusll:e. Funbennore, Trostee shall be responsible forrepairorrepb:ement of any issued molX!)' on:Ier dispen= stem or damaged " , result of misuse, ~ abuse, lite or othexwise. S:id nsponsibjI<y aOO!iabiity of T""",, shall not be lri<d by Trusll:e's cornpliat>ce wtth the safeguanlinr, """ and repotting ob];gaOOns set fotthm tbis_h. D. Trostee shall at all cinE< maroin ,sound financial posmn and provide cun= financial infonnation to MEMO" requesred by MEMO, Tru>tee shall cooduct operations so tb.t the funds generan:d from the ... of rrxmey onJea will not be m ~opanly DOr se:m m the opinDn of a re=oabIe pe<sot1 to be in jeq>udy and shall ""'" the issuam: of m:>ney ottle.s and notify MEMO imm:diaeIy, shoukl sucb jeopanfyarise. Nlti&:atioo to MEMO shall be made promp:Iy bytelepbore and imme&ardy confim.,j m writing. .Sound Financial Condirion" shall =on tb.t tbere has been DO material adve.se cbange m the bus...., opetations, condiOOn ifinancial or orbetwise) or ~ of tho T= aOO tb.t neither Trustee or anyGuar.wtor has becom: Ulso!vem, genetallyunable to F'YiIs debts as theybecom: due, mvolumarily""pended oansaction of iIs busi!less, made a~assigNrent f",the benefit of ctedirocl, instituted a p~ described m Paragrapb 7B or coosenred to any sucb ooJer for relief, decJar.uiDn, finding or relief described therein, msrilutl: ,proceeding described m Paragraph 7B or consented to any such appoirttrnem or to rhe ukiDg of possession by any such official or all or any substantial parr of .. propeny, whether or DOt any sucb proceeding is ~ or has ""'" any action m iuJtheranc< of any of tIu: f~. A J.:kof sound financial coodision shall also include wl-.n Trustee f.li1s to pay, on the date whi:h the s'"'" is due, anysum payable bereunder or fails to F'Yirs ctedirocl genetallyor '""'" representations to MEMO or to other creditors tb.t. must delayanysucb P'J'D"tI' under CDndfuns whi;h, in the sole discrecion of MEMO,' a~ that Trustee.5 no bnger in asound financial condition. E. Trustee shall provide MEMO by facsimile mnsminal or registered mail three (3) weeks 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%) Of more of Trustee's assets, or the enuyinto oetermination of business affiliated with T~tee. Transactions included within this paragr:aph 6(E) include transfer of stock of Trustee, sale of putnetship, interest5,limited liabilitycompmy 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 docwnenution, including a trust agreement. No transaction.. iliscussed in this subparagraph, shall be effective without the prior 'Written approval of MEMO. Any attempt by Trustee to effect such a tranSaction with 1vfEMO approval shall be void, ab initio as to MEMO. If Trustee faili to give such notification, Trustee, as well as its successor, shall remain liable for the payment of all S1.Ull'> and the performance of all duties required by the Agreement. My 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. ArTrostee's reuilestablidurentwhere rrxmeyoro..s aresokl, T= shallsellonlyMEMOtrolX!)'oro..s. G. TrusteeshallsellMEMOm>neyaro..s onIyatTrustee', specifi:allyapprovedpi=s ofbos.... ornnu. p\>ce of busmess" approved byMEMO. H Trusree shallremmopenduringrhe= of normUhos.... hoUIs forthe duraOOn of this agrremenr. FaJlure to do so shallconstitute a bre.chofthis agrremenr. 7. T,nnm Agt=nent. The renD of this Agree=nr shall run for ,period of three (J) l'''' from tlJe date of this Agree=nr and shallreoew~forsuccesme three (J)}'31' periods. Afrer the ciiaI tbree-l''' rem> of this ~ T""", maytem1inate this Agree=nr upon six (6) months prior written ooti::e to MEMO, and MEMO maytem1inate tbis Agree=nr upon sLaty (00) day.; prior written ooti::e to Trusree. In the ""'" Trusree does not pn>vide proper wminati:m notice, Trusree shall be responsilile for lost fee inca... to MEMO for the duraOOn of the contraCt;" effect. Fee """"" shall be cal:uIated using Trost= rocst recent lQ.weeksales aver.oge. N:n.ithsclnding the foregoing, MEMO maytem1inate this ~ at anytim:, imme&ardy and witbout ooti::e, and/or enter jOOg=m ~ to the provism of Paragraph 11 hereof, upon the bappening of anyof rhe fallowing evenrs, A MEMO or iIs designated checl.cIearing bonking cenrer does not recei;e the accounting docutrentttion or P'J'D"tI' of ausr funds (inclOOiDg rrxmey order sales pro=ds and rrxmey ooJer fees), within the rim: perind and on the tmns specif.,d in the RiderIO this iIgteetreor. B. TtuStfe or any Guarantor commiIs any act of insolveccy, or upon the filling by Trostee or any Gwrantor of any p<iliJn under any bankrupu:y, ~ insolvency, or morawrium hw, or any hw for the relief 0', or relatiDglO debtors; orthe filling of any involuntatypeW:m against T= under any bankrupu:ystatute, or tIu: appcintIrenr of a receiv<r or= to take possession of the propertyor assetS of Trustee; or the sub)ection of any Trustee's propenyor assets to any levy, seizure, assignment DrS2 forO! byanycreditor or~agency. C The DOfrpelfOnnance byTrustee of anyobli@lriornofTrustfepu1SwnttotbisAgre=. The happening of any of the foregoing ewm shall be , del"" undec tbis Agreement <lOd, wirbout any no<i:e from MEMO, cornciture ,del"" undec any and .n ~ of Trustee and! or Trustee's gu=>tor(s) v.irb Coosumer P'l""'" SeM:es, or anyorherrebred company. 8. Tennination. l.\= the el<pir.ttion orte!1l1imrion of tbis Agreem:nr, Trustee imrrediareIyshall deliver to MEMO.n C1Sb receipts from tbe s.le of rrooeyon:Je." rmoeyorder fees due MEMO, accOUllting (stOre) copies of rmney on:Je., issued, tbe rmneyorder ~ and any and .n _ or documems proviJed to Trustfe by MEMO pur.;wnt ro tbis Agreem:nr, ioch!ing, bur nor Iimred to, .n blank rmney order fonns. All obl;g.tion, """"""', !.iliilities, and mdemrnties of Trustee bereunder shall survive tbe expiJ>tion or renninarion of tbis Agreement. A tenninarion notioe promoo by MEMO for any ""'on other tban the expU;irioo of tbis Agreement shall be effective " of the h.ppening of any su::h <=t "using tenninarion undec l""W'Pb 7 hereof or upon the enny of conlessoJ jOOgment, wbi:bever ["" =>us. 9. Conression of Judgment. T rusree hereby Urevocmly authorizes and emp<l""" my atromey or the Prothonotuy or Oed< of my coutt of recOlrl, upon or aher the occunence of any e\1:nt descnbed in paragt2ph 7, to appear for and to confess or enter judgment agaimt Trustee for the lace amDlUlt of all money onim sold pursuant to this Agreement, the applicable Money Order Fees, accrued interest the1l:on, interest expense not to exceed eighb:en petcent (18%), and for any other sums due MEMO 1.mdc:r this Agreement, together with expenses and cost of suit and reasonable attomey's fees and said fees not to e;(t:eed thirty pelCent(300/0) of said amount and sums, for collection as provided herein inchxling aD Iega1 fees incum:d in any Banlauptr:y ofT rustee. Forsuch pwpose, litis Agreement or a copy hereof verified by affidavit by Trus... ... on behalf ofT"""'e by said atlDmey, Prothonotuy or Oed<, ,haD be sufficient wanant. The remedies of MEMO as provided herein and the """""" ob1:1ined herein ,haD be enfon:ed in acconlance with the telIU!i of this Agreement and may be pursued singly, successively, or together at the sole dUcretion of MEMO and as often as occasion therefore shaD occur. 1he &.ilure to excn:ise any such right or remedy shall in no event be construed as a "M\ivec or release theIeOf. The authority and power to appear for and confess or enter judgment against T rustl:e shaD not be exhaustl:d by the initial exetcise thereot and the same may be exen:~ed, from lime to lime, as oftro as MEMO ,baD deem necessalJ' and desiIable, and litis Agreement or a copy hereof shaD be a sufficient Wanant therefote. One or more judgments may be confessed or entered in the same or different counties for all or part of the sums described in litis _ph. In the ewnt any judgment entered against T rusree hereunder ~ stricken or opened upon application by or on Trustl:e', behalf for any reason ,m",ocvc. then my atromey or the prothonotuy or Oed< of my c_ of recotd ~ hereby authorized and empo""red to ~ appear for and confes, or enter judgment against T Witee; subjecl:t ~r. to the 1imiution that such subsequent entry or confession of judgment may only be done to cure anyenotS in prior proceedings, and only and to the exrent thatsuch eOOlS are subject to cure in the late proceedings. 10. Liability. TnNee, ~ of Trustees freedom from oegigence or other f<Wir, sb.n be .bsolute1yiable, A To nuke ren>rtmce to MEMO of the f= anuurtt of .n rmney orrIe.s soIJ, the 'pp&able Money Oder Fees, and.n other rmoies due MEMO undec tbis Agreem:nr, ~ of the rny;teriousornon-rny;terious dis'PJl<"l'UlCC or loss of anyfunds from Trustfe's po<session byreasonofthe bonesr ordishonest "" of anype>son, "" of God, orocherw;;e. B. To remr to MEMO the roo! anuurtt of .n sum; of rmney that !my be expended by or for MEMO m pajing any rmney on:Je., delivered by MEMO to Trustfe that an! subsequemIy presentai for paj'W1t, whether or nor MEMO is leg;illy iabl. to I"Y the s=. Thi< s~h sb.n nor '!'Ply to any rmney order " to wIUch TnNee shall have fully perfmr=l TnNee's duties undectbis Agreement. 11. Indemoity. Trustee sb.n tt>lernnify, delClld and hol.l b.mnbs MEMO from and >gainsr any and .n losses, damoges, !.iliilities, cbUns, cims, suns, pn:ceeding., judg=nrs, <lSSCSStreots, fines, pemlties, costS, imeresr, and _ (lOC!ucling. bur nor Iimred to, sett1errent =< and reasonable Jeg.l and =>uming fees) susr.ined by MEMO =>Iting from or arising our of any "" or omission to "'" whether honest, dishonest, neg\geot orrxherwise byTrustfe or Trustfe's ernpIqees, agems, ",ociares orrepresentttives (wberherwirhm or,whourtbeirscope of pelf"""""",). 12. Security. As fmtber consiJerntion of 'PP""""- by MEMO " ;,; >gem, and m order to p= MEMOs proper1y from ~ Trusree hereby gr.uns to MEMO a conrinumg security interest m Trustfe's bank =um, mvenrmy """""'" receiv.lble, ~ of Ie.... and fixtures " .n Trustfe Iocarions. Trustfe agrees ro execute.n documems llfCesS"}'to create or perfect su::h security imeresr, ioch!ing, bur nollimred to, 1"CCOltIed llifonn Comrr=iU Code-Financial 5_ (lXX:1(s)) 6Ilng.. Furrbenmre, MEMO == the righr to requ;re adWrional coJItter,l" ir deems """""'Y for ongoing appnml and for the dur:llion of the Agreement. In the <=t Trustee changes OWDe1Srup m TnNee's business irl anytr.uJSnion simJar to those set forth irlpmgt'ph6(E) hereof, wirbout prior notX:c and "f'P"""l byMEMO" set forth therein, Trustfe herebygrnnts ,securityinterest irl tbe proceeds of anysu::h =nion unJJ!su::htirue" an approvro trUSt account is re-esrabIiilied. 13. Notices. Except as otherwi'le stated, all notices. correspondence, and communications under this Agreement shall be in writing and addressed as follows: MEMO P.o. Box 8863 CunpHill,PAI7001.8863 IF ID1Ru>IEE, See atta:hed RiIer 14. Oroice of law. Thi< ~ shall be construed undec and io accordana: wih the laws of the Cormnon....Jrh of P~ disregarding any ru\,; reIariog to the cboi:e or conf!i:r of laws. The parties consenr ro """'" and pe>sonal jurisdi:rion io CllInbeJbOO Coumy, P~ or, io the case of MEMO's exen:ise of rigbIs undec P:u:waph 11 hereof, irl anyother COIllt of record io PemlS)Ivonia or elsewhere. 15. Non-Waiver. The f.uure of MEMO to enfom: any pro;ision of tbis Agreement or its f.uure to 00:Iare a deld under tbis Agreement sb.n nol oonstirure , waiver or any bre.u:h or of any provE"" of tbis Agreement and shallnor prejudX:e the right m or pmver of MEMO to pro:eed" fully" if ir h.d nor f,;)oJ to enfotce anyprovisiJn of this Agre=. 1~ Enfon:emenr. In the <=t of del"" undec the "'"'" of tbis Agreem:nr, Trustfe agrees that MEMO shill, irl.Jdiion to .n rigbIs ir might have undecthe law, have the righr of seeking specified pelf= in the COIllt of equity. Furrbenmre, Trustee agrees to consenr to the jurisdi:rion of a COlllt of equity. regarding the enfOlCCll1etlr of tbis Agreement and! or tbe enfon:emem of MEMCXs) rigbIs irlthe <=tof anydefaulr byTrustees. 17. Cost of Enfon:ement. Trustfe shall pay, on demand by MEMO, .n CnstS and _ irclJdiog reasonable atrotneY' fees incunoJ by MEMO irl connection v.irb the enforcem:nr of tbis Agreement. 18. Coostsuction. All references irl tbis Agreement irl the 'ir1gUIar shall be construed to inchxJe the plural where '!'P&abl. and the masculine shall inchxJe .n other~. All covenants, ~ and ob6g.riorn m tbis Agreement assun<d by TnNee shall be, and ,ball be deet=l ro be, joirlr and se=ll COIM:rulIllS. &>dmgs of the l""W'Phs of tbis Agreement an! for conveoience only and do not limir, expand, or ocherw;;e cornttlIC the provisions or _ of tbis Agreement. 19. Entin: Agreement. Thi< Agreement, togetber v.irb .n ~ and tilers, rebred security documems and su::h ru\,; and reguIarions " tmy be ~ by MEMO for the issuance of rmneyonb; from tirue to rime, shall constiue the entire ~ _ the parties herem. There an! nol other ~ or~, written or """ _ tbe parties v.irb respect to the subject rMtl:r of tbis Agreement. There shall be no m:x:li&.rions, an=hrems, or .l:er.ttions to tbis Agreement unless agreed to irl writing, sigJled by.n parties. Thi< Agreement sb.n biOO .00 inure to the benefit of the parties, their- respective beU:;, s=essors, represent:ttives and proper 0lSSigns. 20. Time e. T"", is of the essenre irl this Agreement.oo the RiIer. D"", 0 MEt<; E MCNEYORDERCXlMPANYI MEMOMONEYORDERCOMPANYI MEMOM~ ORDERCOMP OFNEWYORK,lNC ,.. IFIDMEMQ By. m, 1RlE1EE '~'J Co,porWSroreN= ~ (d . 6' If SM- ~ ~ /1~: Tttle/.~ .f~~~/~~ ~ .. " "^< 0~ . V'J It..,. _ T""I'<(~ .. .. ],jy22,1'1.l9 Trusree (Wiviiwl) MERGIANTS EXPRESS MONEY ORDER COMPANY MEMO MONEY ORDER COMPANY PERSONAL MONEY ORDER TRUST AGREEMENT REMITIANCE BY ELECIRONIC FUNDS TRANSFER 'This 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 if properly executed by both parties. TRUSTEE: Corporate/Business Name c.~/..G H Street Address '3;.!> E L):~E-(l loT "!;,Jc.. / t:r.nf\)en sn? en- 1'211"- } , . Gty fHlfn70c1J(} State ?P- Zip Code I! J c "1 Fax Number bio - 17(,- ~"O <1 Agent Number ..98Cf '1 Telephone Number IS 10.' 'lJc -S l{ = Legal Entity: 'f Corporation Q LLC Q Partnership Q Sole Proprietorship MONEY ORDER FEES: Money, Order fees shall be based upon the weelt volume of. M?ney Orde;-; sold by T.rustee. Trustee s Money Order fee shall be $ , '/0 per Item at a maxunum retail selling pnce of $ 1111 . Money Order fees may be modified by 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 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. B. Trustee shall sell money orders in strict numerical sequence in accordance with the number printed on each blank money order. C Theface amount of any money order sold by Trustee shall not exceed the sum of $ Stiu- 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 detennined 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 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. T'RUST FUNDS REMITTANCE: The Trustee with an electronic money order dispenser will be furwarded a weekly Money Order Sales Summary Report, prior to the week ending the sales reporting day. The weekly Money Order Sales Summary Report will reflect the money order sales for the applicable reporting period. SALES PERIOD: .AAGINNING DAY /1/'oJ4la:; f1vVY.JJJc7 ENDING DAY t0d1~ ~~ ~ORTING DAY 7-ka0jJ~ ~~al DWIRE /~cei1 ;: /1/ ~.xc) The Trustee will be provided all pertinent reporting infonnation on the weekly Money Order Sales Summary Report, of which MEMO will initiate an electronic transfer of funds to move the face value plus fees due MEMO from Trustee's to MEMO's bank account. In the case where the Trustee is on wire payment terms, Trustee will initiate a wire transfer of the money order sales amount for the specified reporting period, from Trustee's to MEMO's bank account. All funds due MEMO must be available to MEMO at that time. Any outstanding statement balances that are due dw-ing this time will be included in the electronic transfer of funds and the wire transfer, as a debit due MEMO or a credit 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 promptly confinn in writing. This arrangement shall not be revoked unless all funds due MEMO are paid in full. If Trustee did not sell any money orders dw-ing the Reporting Period, Trustee will not be provided documentation as such, nor will an electronic transfer of funds for money order sales be initiated by MEMO to Trustee's bank. Trustee will be charged for all money orders that are electronically transmitted from the money order dispenser as an amount. Any voided money orders should be voided in the money order dispenser to avoid a charge 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 ~nsure that the e1~crronir money order di.penser is available for MEMO to electronically transmit polling data on a daily basis. If the electronic money order dispenser is not polling consistently, Trustee must provide MEMO with the money order sales infonnation upon MEMO's request. Trustee must have an authorized employee available to provide MEMO money order sales infonnation by preparing the money order dispenser to transmit polled data via the telephone. If the money order dispenser is not polling consistently on Trustee's specified Sales Reporting day, Trustee must have an authorized employee available for a manual electronic polling transmission and to report money order sales to MEMO. Trustee must assure the telephone line is consistently connected to the money order dispenser and the telephone extension. Trustee shall ensure the money order dispenser is never turned off, unless authorized by MEMO. WEEK!.. Y 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 dw-ing the three month retention period, Trustee shall discard the accounting (store) copies at its own discretion. TRUSTEE /J. Cnrporate/StoreN=j~# M( Signature/fii~') ~~ TitleCEo - Date c:r ":-)?'-'D '7- E.LECffiONIClJuly22,1999 PERSONAL INDEMNITY AND GUARANTY Intending to be legally bound hereby, and in order to induce MEROiANTS EXPRESS MONEY ORDER COMPANY or MEMO MONEY ORDER COMPANY or MEMO MONEY ORDER COMPANY OF NEW YORK, INC ("MEMO") to sign that certain Personal Money Order Trust Agreement and the Rider and amendments or changes thereto as may be in effect from time [0 time (collectively the "Agreement") ""'l': . /J, ~. o,rporate/Business Name L J,.,t~ /1:5 c.. A .'-- ::::: ---f/ () (r:- C) /J {J .;;:i Street AddressJ IJ J~. cf-C~L- 0'V Gry 1";VL-'C.i2 .c.<k",-- /J vJj :, {..., State J C\Zip o,de I" (.; 7 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 o,urt of o,mmon Please of Cumberland o,unty, Pennsylvania (to which jurisdiction of said o,urt 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 Oerk 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 thirtypercent (30%) added for attorney's fees, releasing errors, waiving stayof execution, and authorizing the immediate issue of a writ of execution, all in accordance with the Pennsylvania Rules of Gvil Procedure. For such putpose, this Guaranty or a copy hereof verified by affidavit by the Undersigned or on behalf of the Undersigned by said Prothonotary, Oerk 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 detennine their rights and liabilities. This Guaranty is given in connection with and evidences the obligation of the Undersigned [0 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 o,mmonwealth of Pennsylvania, disregarding any rules relating to the choice or conflict ~~cl~ .~ 'UFfric;-rJA r6"'l} .~:\=--~~~ ~ '-- , Guarantor s SIgnature !~tor s Signature ..----- 0C1; fr07)(;<.xr /Jrj)co1 ,~ ~ ~ \e '" ~ <0,~ \ . ~)('~(j\d. C\ '"'- pj;;9aran~ !~4> P~/~~ot,{lJ2~L ~~ Ha,\,~ddress f).Haile Addre~ __ () J:Povr;;;.~ 1/ ~ /??J if 0 /~ ~'- L_~ City; ~ State Zip o,de / Gty ~J.,j State s: _"J...;]_d-CC\)- 4/)__!.j;;CJtv Date ( Date I f ","'2 ) Zip o,de *If not married, please indicate by affixing "N/ A" on line for second Guarantor's signature. July 2.2, 1999 Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Mooldeo Jagwandan Individually, jointly and severally, DEFENDANT ,2005 and No. ()iy, AI /[;'7 C ~ll 't-~1 Ellen Jagwandan Individually, jointly and severally, DEFENDANT and Circle A's Inc., d/b/a Linden Street Market Corporation DEFENDANT NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. 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 c p ~ - \L ...<;;:; ~ V( - \) r ~ -...{ -J ~ V( r C> \li Ci\ 1- ~ ~ (') ,--.... ........----- o C-_ Q, ~..,., 'f\\r <>';Z ~i~~:~,~~\ ,,_.-'.~ -.2. \-'.':~ <;A ~b <,3, ~~\:.. . " \ <I" " --> ~ c? <-'- ~ c:~. G' .- <J' v' >.' _/ E _"~ ~~";' \'- - ' . ", ~ \_"J ','< I ~) -"" r-;? ,1' .." <';;::7"-;-0>' ~.~, ".'1, /- -