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HomeMy WebLinkAbout05-4624 Merchants Express Money Order Company PLAINTIFF v. Rudi James Dunkle Individually, jointly and severally, DEFENDANT and David Steven Kriebel Individually, jointly and severally, DEFENDANT and Red Barn Country Store Sole Proprietorship DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY J ,2005 No. 0)' 'I{/JV Cl 'VI'/ 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: $ 9,940,13 $ 872.55 $ 2,400.00 $ 2,982.04 $16,194.72 ~ Kevin ,Lutkins, Esq, Attorney for Defendants ('" .,,: , C:) . '~ ["0 t-' ~f~~ en c> -n :::;1 __1 ~ J:::- Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Rudi James Dunkle Individually, jointly and severally, DEFENDANT ,2005 and No. David Steven Kriebel Individually, jointly and severally, DEFENDANT and Red Barn Country Store Sole Proprietorship DEFENDANT NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning the above, please contact: Kevin M. Lutkins, Esq. Merchants Express Money Order Company 1029 Mumma Road P.O. Box 8863 Camp Hill, PA 17001-8863 (800) 543-8207 Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Rudi James Dunkle Individually, jointly and severally, DEFENDANT ,2005 and No. tH - ~ (, J. 'I {!w..;l {LA-.- David Steven Kriebel Individually, jointly and severally, DEFENDANT and Red Barn Country Store Sole Proprietorship 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, Wormleysburg, Pennsylvania, 17043. 2. Defendant Red Barn Country Store (hereinafter "Red Barn"), is a sole proprietorship doing business at 349 Main Street, Corsica, Pennsylvania 15829. 3. Defendant Rudi James Dunkle (hereinafter "Dunkle"), is an individual residing at 321 Ridge Avenue, Strattanville, Pennsylvania, 16258 and is the business associate of Defendant David Steven Kriebel. 4. Defendant David Steven Kriebel (hereinafter "Kriebel"), is an individual residing at 495 Clarion Street, Callensburg, Pennsylvania, 16213 and is the business associate of Defendant Dunkle. 5. Defendants Dunkle and Kriebel are the owners and/or operators of Defendant Red Barn, and entered into the Trust Agreement on behalf of said Defendant and themselves on or about January 31, 2005. A true and correct copy of the Trust Agreement under which Defendants Dunkle, Kriebel and Red Barn are confessing judgment is attached hereto as Exhibit "A", 6. Defendants Dunkle and Kriebel, with the intent to induce MEMO to enter into a Trust Agreement with Defendant Red Barn, entered into the Personal Indemnity and Guaranty on or about April 20, 2004. A true and correct copy of the Personal Indemnity and Guaranty under which Defendants Dunkle and Kriebel are confessing Judgment is attached hereto as Exhibit "B", 7. The forgoing judgment against Defendants Dunkle, Kriebel and Red Barn, 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$16,194.72 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 January 31,2005 until March 2, 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 ofthe Defendant for collection by the Plaintiff through electronic or other means. 12. The Plaintiff attempted to collect the trust funds from Defendants on March 8, 2005 and March 9, 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 8, 2005 or March 9, 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 ofthe Trust Agreement in Exhibit "A". 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: $ 9,940.13 $ 872.55 $ 2,400.00 $ 2,982.04 $16,194.72 16. The Defendants' most recent estimated lO-week sales average equaled 25 money orders causing Plaintiff Lost Fee Income of$2,400.00 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 $16, 194. 72, as authorized by the Warrant appearing in the attached Trust Agreement, together with Lost Fee Income, interest from the date of judgment and costs. ~~. Attorney for Plaintiff Attorney ill: 76859 VERIFICATION The undersigned individual hereby states that he/she is an employee of the Pennsylvania Food Merchants Association with the authority to verify the statements contained in the foregoing complaint involving its wholly owned subsidiary, Merchants Express Money Order Company. The undersigned individual also states that the statements made in the aforementioned complaint are true and correct to the best of his/her knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. Cons. Stat. 94904 relating to unsworn falsifications to authorities. rl. jd..(0i DaVId W. Bush Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Rudi James Dunkle Individually, jointly and severally, DEFENDANT ,2005 and No. (J:) -1'(_2Y David Steven Kriebel Individually, jointly and severally, DEFENDANT and Red Barn Country Store Sole Proprietorship 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, t efendants are not in the Military or Naval Service ofthe United States or its Allies, or otlherwl e within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress or 940 sa_mended. .. David W. Bush SWORN to and subscribed before me this (/" day of~, 2005. ~n} vL tfbhl&r-- Notar ub'c COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer R Hamelin, Notary PublIc W<lnnIeysburg Bolo. Coolberland Coonty My Commlsslcn E>eplres July 12, 2008 Member, Pennsytvenll Association Of Notaries CJ 0;:"'- "-, ~ C~ C"n o 'T1 .-i -\_. rr::j U') -,..., I -J ::.~ -,.~ c> r'j Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Rudi James Dunkle Individually, jointly and severally, DEFENDANT ,2005 and No. oS- <((,z'( David Steven Kriebel Individually, jointly and severally, DEFENDANT and Red Barn Country Store 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: Red Barn Country Store 349 Main Street Corsica, PA 15829 Rudi J. Dunkle 321 Ridge Ave Strattanville, P David S. Kriebel 495 Clarion Street Callensbur A 16213 David W. Bush SWORN to and subscribed before me this GJ.; day of~, 2005. d/rl~ f 1bm(l0- No yP hlic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer R. Hamelin. Notary PublIc Waml6ysburg Bolo, Coolber1and County My eanm_ E>eplres July 12, 2008 Member, Penn.ytv.nl. AeaoelaUon Of Notart.. "-, (::::;. c: ~-;J (:j"1 (/) jr; -'0 I _J -t'o x:-. (-:_~) I,,) o .,-, -l ~r' ---r-1 111i"''- fT~ ;~~) EXHIBIT A ~Kl.J:1.J\J.'11;) J::.Al~l'J:.~ IYl\Jl....J::.l VlU./Cl\.\....UlvtrJ1J.'l11 l'I'ill.LnV1Y.lUl'U;'J. V1UJJ.;,J.,"~'ll ru.. J. l'YlERGlANTS EXPRESS lISA, INC/ l'YlEMOMONEY ORDER OJMPANYOF NY, INC PERSONAL MONEY ORDER TRusr AGREEl'YlENT rnrs AGREEMENT" made ~n MERCHANIS EXPRESS MONEY ORDER OJMPANY, d/b/, MS'vlO, MEMO MONEY ORDER CDMPANY, d/b/a MEMO, MERCHANIS EXPRESS lISA, INC d/b/a MEMO, Penns;lvania Gllpor>tiorn 0' MEMO MONEY ORDER OJMP.'NY OF NcWYORK, INC., d/b/a MEMO, a New Yaek CoIpor>tion, 0' anysubsrlWy d/b/'; MEMO ('!.lElv!O') ,00 the WdMdwI(,) mdI 0' enm;" idenrifro ,,,jow, be=lre, referred to " Tnmee(,). Incornid<r>tion of the mutual promises contained in this ogreemenI,oo inrendingto te legally bound hereby, the ~ agree" follows, 1. Agency. MEMO appom Trusree ro oct" aspecial agent ofME..'vlO" each ofTrusree's retail estabilih=nls approved fo,the ,ale of moneyo.oos issued by MEMO.!t" expresslyagreed that MEMO ,00 Trusree ,ball te independent COntr.lCtors ,00 that the rebtiornhip betw.en the p""", ,ball oat corntitute a _hip, joint venrore 0' agency (ctbec than as expressly desaibed herein). Neither MEMO nor Trustee shall have the auchorityto mUle anyst::l:tem:tt<;, representations orcomrnitmems of any kind, or take anyxcioo, whi:h shan be biming on the ether, withoUl: the prio, cornenc of the ctbec Parry. Trusree accepts =h appoinorent in acconiaoce Mb the term< and conditiorn 'pecif<d in this Agreenrnt ,00 in the attaebed Rile, herein incaeporared ,00 made a patt hereof. 2. Trost Relationsmp. Trusree ,ball rex:eM ,00 bold in """ foe MEMO all blankmoneyonJers delivered to Tnocee by MEMO,oo all moneyreccived byTrume froro the ,ale of moneyonJers, iru:Wing without limitation the moneyon:ler f= estabilibed by MEMO from rime ro rime ("""" funLIi"). Trume ,ball bold the """ funds sep_ and apatt from ctbec funds of Trustee. The failure of Trusree ro bold """ funds "p_ ,00 apart from arty other funds of the Tnocee ,ball, " the opcion of MEMO, te a brerl of this Agreerrent enricIing MEMO to irnnroi.ue possession of my account or accounrs into which funds received for rmneyorcler s~ from conrutrers have been depaited and soch other~, iru:Wing terrnirultion of this ~m. as are proviJed for herein. J. Money Onle, Fees. In cornid<r>tion of the ,em:e; rendered ro T= by MEMO, Trum,e ,ball pay MEMO a fee ('"MoneyOn!ec Fees") 'pecifro in the attaebed me.-. MoneyOnie, Fees mayte modified byMEMO" artyrime upon thitty(JO) dol' prio, noti:e to T=. 4. Materiak Supplied by l'YlEMO. Fo,the sok p"'!'= of selling moneyo.oos pursuant to this Agreerrent, l'YlEMOwill supplyTrusree Mb the folowmg, A An adequare supply of blank moneyo.oos,>erialIynumbered ,00 con:;isting of two DC three parts, The fim patt being the moneyon:ler instrument ttse~ (stub/pUlclmds receipt Mb two patti; the ""oed patt teing the ""ounting (store) copy;,oo the tblld patt teing the pun:basets copyMb a three pan foan. B. An agency instalIarion folle, containing odequare supp];" of money on:ler reponing fo=, mailing labels, 1M money olde, cblln cuUs, stop paynent fonns ,00 V2riou;; other fOlIIlS necessary for the cominuous and on-going opencion of 3. money order program Furtherrmre, Trustee agrees to complywith all Federal. and State regubcions governing c:urrencytr.ulSaction repo"" ,00 foe recoro keeping. C A rmney order i.-nprimer of the quality necessary to impr..rJ: the mor..ey order dollar ,,":llut: firmly into the money order so as to inhibit the alteccion of any item Money oider imprinters slull. te of two different tjpeS con:;isting of Ixxhelectrocic moneyon:lerdisperneG and manual moneyon:ler inJprinret-s. f>< MEMO's sok discretion, eitbe,tjpe of dispenser sball te "sued ro agent. Manwl money on:lerdisperneG WIl contain an id<ntif}ing pLue, whm,balI read "MEMO' fol1owed by the T=!D. number. EIectroni: moneyon:lerdispense<s sball te prog:r;unrred by :ME..\10 to i:nd..C.tte Trustee ID. number on imprinted m::lOeyotders. Such money order imprinr.en; shall at ill rirres comin~ to be the sole propenyof MEMO and shall not te removed from the T='s retail estabililurent where. was originallyU=lled byMEMo. Anyctbec moneyolde,dispenseG not owned byMEMO,oo used byTrusree ro inJprint moneyonJers must te approved byMEMO. D. Soch advettiling =rial as MEMO in.. sokdiscretionsballdetennine. 5. Right to an &counring. Nxwirhsurxl.ing anyotherprovis.iJn of this Agreetrem, MEMO shall bave the right, at all reasonable cicres, with orwirhou: noti::e, to access Trustee's premises and to ;",pea ,00 penonn an accounting of, or "'"'" <s emp!ojees or agents to ;",pea ,00 pe:foan. an accounting of, the cash reOOp<s, Money On!ec Fees, the accounting (srore) cop;" of money on:Iers ,old ,00 the Trum:e's m-myof um.sued money o.oos. A clw]:e will te assessed ag:Unst Trusree ro recover expenses incurred by MEMO when an au:Iit " made due ro Trusree's breach of this Agreenrm o,;r the au:Iit discloses a breach. (See ''''"' feel penaltyfee schedule). 6. RuIe. and Regulation:;. Trusree ,ball complyMbtbe following rule> and regubciorn, A No moneyordershall be issued orsak! to all}One in pajmenl: of anyobligation of Trustee orused in anymanner for Trustee's own purposes, except as ~ by MEMO. B. Only cash shall be accepted as payrrern: for nx.mey orders issued or soki No check or other paper lr.lDS!Ilitted or deposired by Trustee to or for MEMO shaD. constture a remittance to .MEMO until. aauallycollecred, MEMOto have the option in each case as to ~rto deposit anysoch paperforc01leaion. C Trusree sball ,afeguattl all um.sued money onJers and the money on:ler imprinter Mb the IUgbest degree of care. The care e=cired in regard ro money onJers WIl te " least " that applCb~ ro cash. Trusree sball repoa ro MEMO the ".UJ number of each moneyon:ler stolen or missing, ,00 all ctbec infonnation relaring ro the event, imm:dineIyupon discove'Yof the foa, "'" in anyevenr not later than t"''''o/four (24) haws priorro the moneyonJers being presented for paJ'T"Il' ro MEMO so that paJ=DC can te stopped on =h rnilsing or stolen moneyo.oos. Soch repoa WIl te bytelepbone and irnmodittelyconfmned in writing. Trusree ,ball te ,olelyrespornibk for all losses arising from, ,00 WIl Wdernn;[y MEMO,oo bold harmless regarding any and all stolen or missing m:meyorders as well as anyrnoneyorder imprinters issued to Trustee. Furthenmre, Trustee shall be responsible for repairor replacerrenc of any issued money on:lerdisperneG stolen or damaged " a result of mOuse, negligence, abuse, fire or othernise. Sa<! respon:;ibiliIy,oo 13bilityofT= sball not te limited byTrusree's compliance Mb the safeguattling, care, and reponing obligation:; set forth in this paragraph. D. Trustee WIl" all am" maintain a sound f""""," posiOOn and provid< CUlIent f""",," infotrnation to MEMO as requested byMEMO. T= WIlcoedua oper>tion:; so that the funLIi gener.lfed from the sale of money otders will not be in jeopardy nor seem in the opinion of a reasonable person to be in jeopardy and shall cease the imJaoce of m:>ney orders and notify MEMO mn.Iinely, sbouli ,och jeopattlyarise. Notjf"""n ro MEMO sball te made prornptIy bytelepbone and imlnediatelyconfinned m writing "Sound F""",," Gandirion" WIl mean that there bas been no mate.uJ,d= change in the bwin=, operation:;, coru:lirion (f""",," or otberMse) DC P""l""'" of the T=,oo that nettherTrusree DC anyGuaranror bas become ;",olvenr, genecally unabk ro pay <s debts " they become due, involuntarily mspended uansaction of <s !n.iness, made a geJ=l "';gamenr for the benefit of creditm, mscitured a proceeding desaibed in Paragraph 7B or consented ro any =h on:ler for relief, decImtion, finding or relief described therein, imtitute a proceeding described in Paragraph 7B DC consenred ro arty =h appoinorent DC ro the taking of p=essnn by arty =h official or all or arty ~ paIt of <s property, whether or not arty=h proceeding " instituted, DC bas tol= any action in funber.mce of anyof the foregoing. A bckof sound fmancial coru:lirion ,ball also include when T= fails ro pay, on the dare whm the same" due, any sum pay.ibk hereunder or fails to pay its creditors generaLyor makes repll~se~ns to MEMO orro ochercrediror.; th.:u: it m:st: delaymysuch payment undercoocliions whd1. in the sole discretion of :MEMO, it appears thatTrusree is no longer in asOWJdfmancialcondicion E. Trustee shall provide MEMO by facsimile transmin:al 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 bU'iiness, the sale of fiftr-one percent (51%) or more of Trustee's assets, or the entry into or tennination of business affiliated with Trustee. Transactions included within this pamgmph 6(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, h:1s entered into appropriate documentacion, 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 r-.JEMO approval shall be void, ab initio as to MEMO. If Trustee fails to give such notification, Trustee, a:; 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 paragraph shall bind Trustee's successor or a,ssignee to the tenus and conditions of this Agreement. F. f>< aIlofTrusree's retailestabilibment iru:Wingthase newlyopenedoracquired, TnoceesballsellonlyMEMOmoneyonJers. Trumernustprovid< MEMO Mb "lease 90 day.; oocice of its intent to close its a.JIIem reraillocati:m and to reopen at anctber location. G. Trusree WIl "n MEMO moneyonJers only" Trusree's specifically approved plus of!n.iness or future plac. of bwiness " approved byME.\10. Trume sball not appoint ,00 / DC offe.- tbeservi:es at or to anyentitynoc a patty to this ~ H Trustee shall remain open during the cotmie of normal. business hours forthe duruion of ~ ~ Failure to do so shallConstNe a breach of this agreement. I. No funLIi received by Trum:e ,lull te rubject to anachmem.levyof """"",,c, or sequc=tion byon:ler of anycoUlt, """P' fo,the benefit of MEMO. 7. T ean of Agreement The = of this Agreement sball run for a period of five (5) jem from the dare of this Agreerrent ,00 ,ball renew ~for =ive fwe (5) )<'T period>. After the initial five.)",,= of this Agreerrent, Trustee maytenninare this Agreerrent upon ,ix (6) monrbs prior written oocice ro MEMO,,oo MEMO maytenninare this Agreerrent upon ,Drty(60) dajS priorwritten nocice to Trustee. In the eve1'll: Trustee does not provK:ie properterminarion noti:e, Trustee shall be responsible for Iosr: fee inc:om: to MEMO forthe dW3rion of the COIIU:lCt in effea. Fee inc~ shall be okular.ed using Trustees most recent lC-\\:eeksaJes avenge. Nxwirhsurxl.ing the foregoing, MEMO rnayrenninare this Agreement at anyt.irre, or any location covered by this agreement, imm:dineIy,oo without oocice, and! or enter ju.!gm;nr ""ooling to the provi>ions of Paragraph 11 hereof, upon the happening of arty of the following eveers, A MEMO or <s desped check-clearing banking center '"'" not rex:eM the ""ouoting documentarion or paJ'T"Il' of """ funLIi (iru:Wing m>ney older sales procee<h ,00 money on:ler fees), within the rime period ,00 on the telIIlS specif>ed in the RiJerro this Agreerrent B. TI1.Nee or anyGuar.uIIOr commits myaa of insolven..-y, or upon the filling byTrusree or anyGuar.uttOr of anypeticion wxler any bankrupccy, n:orgaciz:nion, insolveocy; or m:mltorium law, or any law fortht= relief or, orrelacingto debtors; or the filling of anyinvolunraIypecition ag3inst Trustee umermybankruptcysmuce, or the JPfXlinorem: of a receiver or trustee to take possession of the propenyor assets of Trustee; onhe subjecOOn of anyTrusree's property or :JSSetS to any levy, seIzure, assig:nrrent or sale for or byanycredir:or or govellllrerttal. agency. C The non-perfonmnce byTrm1:ee of anyob1igaOOns of Trustee pUlSuarl[ to this Agreerttm. The hal'l""'ing of myof the foregoing ove"" ,hall be , def'Ult unh clm Agreem:nt wi, wrllOUt my noti:e from MEMO, co","""" ,def'Ult unh my ml ill ~ of T"""" mdI or Trustee's guaranror(s) with myother related company. In the event ME..vl0t:eIminottes tIm agreement due to adefauJ:r. Trustee shan be respoIlSib~ for bst fee iocome to ME..\10fortl-.e durarion of the COntr.'lCt in effect. 8. Termination. Upon the exp;"oon ortencimrion of clm Agree=m, T"""" irnmedmeIy,haII deliver to MEMO ill ""h receipc; from rho s,", of moneyorde,,;, moneyow f"", due MEMO, >:counting (store) cop;" of moneyon:le" im<d, the moneyonJer rnprinrer ml :myml ill rmren.Js ordocutnem proviJed to T=ree by ME.\:lO pux=nr to clm Agree=m, incluling, but ll<X lrnW! to, ill bbnk money ow forms. AI! ob1igorion, co""","", !;,be, ml Wdemn;ci.,; ofT"""" hereuOOe.,haII rurm~ the exp;"oon or rennilurion of clm Agree=m. A rerrnHurion noti:e proviJed by MEMO for my "",on other tbm the expU:ttion of clm Agreem,nI shall be effective '" of rho happening of mysoch.- <=sing tenllinotion under ~h 7 bereof or upon rho enay of confe=! ju;lj;menr, whichever [ust occu<s. A In it< so~ droetion ml not widmanding myotherprovision oJ the "lV"=nI to the contr.uy, MEMO cmyimrredittelyrenninare clm Icorion or:my Ioation covered byclm ~ in rho .- MEMOderennines that complim:e wih clm "lV"=nI ~OOId <=< MEMO or my of it< ~ to violate or jXltenIQllyviolate :my i0oi, _ orfeder.ll bwor regubOOn or mye""" ow. 9. Confession of Judgment. Trustee hereby irrevocably authorizes and empowers any attomey ortbe ProthonoWy or Oem of any court of record, upon oraftertbe occurrence of any event descn'bed in patagtaph 7, to appear for and to confess or enter judgment against Trustee for the face amount of all money oroelS sold pwsuam: to this .Agreement, the applicable Money Otder Fees, accrued intettst thereon, interest expense not to exceed eighteen percent (18%), and for any other SlUllS due MEMO under this Agreement, together with expemes and cost of suit and reasonable attomey's fees and said fees not to exceed thirty percent (30%) of said amoWlt and sums, for collection as provided hemn including aU legal fees incuned in any Bankruptcy ofT rostee. For such pwpose, this Agteement ora copy hereof verified by affidavit by Trustee or on behaH ofT rostee by said attorney, Prothonotuy orOetk, shall be sufficient wanant. 1be remedies of MEMO as provided herein and the 'W3llants obtained herein shall be enfolCcd in accOldance with the tenns of this Agrecment and may be pwsued singly, successively, or together at the sole discretion of MEMO and as often as occasion therefore shall occur. The Wl~ to exelCise 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 exelCise thereof, and the same may be exelCised, from time to time, as often as MEMO shaD deem necessaty and desiable, and this Agreement or a copy hereof shall be a sufficient Wamnt therefort. One or mort judgments may be confessed or entertd in the same or different counties for all or part of the sums desclleed in this paragmph. In the event any judgment entered against T JUStee hereunder is stricken or opened upon application by oron Trustee's behalf for any rta$OQ whatsoever, then any attorney or the Prothonotary or Oelk of any court of reconJ. is hertby authorized and empowered to again appear for and confess or enter judgment agaimt T rusteej subject, however, to the limitation that such subsequent enay or confession of judgment may only be done to cure anyetroIS in prior proceedings, and only and to the extentthatsuch enon are subject to cure in the late proceedings. 10. Liability. T"""", reg;udIess oJ Trustees &eedorn from negligence or other fmlt, shall be >bsolurely Ji.bl. A To milie n:m<unce to MEMO of rho f"" =.0= oJ ill "'.o"-"yomer.. sol:l, rho oppICb~ Money Onlcr F""" ml,]l other monies due MEMO Ullder this f.gree=nr, reg;udIess oJ the ffi}Sterious or non-tll}Steri0u5 disappear.mce or loss of anyfunis from Trustee's possession byreason of the honest ordishonesc act of anype~oll, act of Gcx:l, or otherwise. B. To rem< to MEMO the tor.ll =um of ill sum< oJ money that =ybe expe<>led by or forMEMO in pa)ing :mymoneyorde,,; deJi,md byMEMOto T"""" that "'" subsequemJy presented forp')'lleD[. wbetber O( no< MEMO is Jeg.uy!;,b~ to pay rho s:une. This subpar:>gr.>ph shall not '!'Ply to my money onJer '" to w!OCh T"""" ,hall luve fullyperronnod T""",,'s chtt;e, underclm Agree=nI. 11. Indemnity. T"""" shall mdemrufy, defend ml hell bannless MEMO from ml >g;Unst :my ml ,]I losses, dmtlges, !;,bilW, clUms, ><:tions, suit<, proceedingl, iWl;roenrs, ==nu, fines, penalties, cosu, interest, ml exp=es (including, but not lrnW! to, settIeroenI cost ml re"s",,,ili~ Jeg.I ml >:counting fees) sust:lined by MEMO resulting from or >rising out of my "" or omiss;'ln to oct, whetberhonest, dishene.st,negligemorothen.ise byTrusree orT=ree's _Iojees, >gents, """"'"" orrepresenl:llNes (w!letberwihin or without tbcirscope of ped'onnwce). 12. Security. As futther consiJmrion of oppointm:nt by MEMO '" it. >gent, ml in omer to prorea MEMO's propettyfrom convez>ion, Trustee hereby grmts to MEMO, continuing seoriy interest in Trustee's bank account, inventory accoums receivable, assignmenr: of bse, and fDttures at all Trustee lo:aWm. TIUStee agrees to execute all dc:x:urrems necess:uyro creare or ped'ea such seoriy interest, indu:ling. but not lrnW! to, reconJed Worm GlnureriU Code-Fi=riU S_ (U:X:I(s)) fiIIing.. Funhenmre, MEMO """'" rho right to require <<iditiotu! colbrer.ll '" . deems lleCeSS")'forongoing oppn=! ml for the dur.ttion oJ the Agree=m. In rho ovenI T"""" changes owner.;lUp in TMtee's business in mytr.ll1S><:tion sinWto those set forth in ~h 6(E) hereoJ, w<ho", poor noti:e ml 'ppn=! byMEMO '" set forth therein, T=ree herebygrmts 'seoriy<.erest in rho proceeds oJ mysuch tr.lI1S><:tion until such tin>o " an approved truSt aa:0UIlI is re-estab1ished. 13. Notices. Except as otherwise Stated, all notices, correspondence, and communications under this Agreement slull be in writing: and addressed as follo'WS: IF 10 MEMO. IF 10 1Rl5TEE, See ~IWer By MEMO P.O. Box 8863 CunpHill,PAl7001-886J 14. C1roice ofuw. This >greemem shall be construed unhmlin=nlma: wtth the bere oJ rho ColIlt1lOtlWeili1oJP~disregm!ingmyrules reltting to the choice orconfli:tofbws. The pa<ties consent to venue ml pe,s<,tu! juris&OOn in G.nbeduJd Coum:y, p~ or, in the case oJ MEMO's exercise oJ rights unh l':lrngraph II hereoJ, in my other cowt oJ record inP~ orelsewbere. 15. Compliance with bw. Trustee shall '""" by (ml = it. off""" principals ml _Iojees to wile bll ,]I fed=!, _ ml '=l bere ml reguIuions 'pplOb~ to Trustees business ml services proviled. They"'" to incI.xle but "'" not lrnW! to, (>) Scm: Licensing UM; (b) rho B>nkS=,cy ht ml it< regubrions; (c) Feder.ll ash repotting ~ ml reguIuions; (dJ Scm: G.rencyrepotting~; (e) Feder.ll mdI or Scm: :mri-money bundering bere ml,]l rules ml reguIuions; (Q ,]I opplCble """' moneytnnsfer Dr s..Je of checkbws ml regubOOn; (g) ill feder.ll ml _ p1Mcybws ml regubrions; (b) the l5A!'.aXx Aa. 16. Non- W.uver. The f.wre of MEMO to enfon:e myprov;sionofclm Agreem:nt or it. f.wretodecbre,def.wl:unhclm Agreem:nt shallnotconsriwre, w.liverormybrexhoroJ my prov;sion of this Agreem:nt ml shall not prejudi:e the right mdI Drp""""oJMEMOto pnxeed '" fully", if.}"d no< f.;led to enfon:e myproviron oJclm Agree.nenr. 17. Enfun:emenc In the eveDt of def'Ult unhthe tenm oJ clm Agreem,nt, T=ree "gre<5 that MEMO slull, in o:Idilion to,]l rights .. ha", umlerthe bw, luve rho right oJ seeking specified perfomunce in the cowt of equ<y. Futtbenmre, T=ree "gre<5 to consent to rho juris&OOn oJ , cowt of equi:y regm!ing the enfO<eerreDt oJ clm Agre= :md/or the enfo=n!nt of ME.\1O(s) rights in rho.- of mydef'Ult byTrustees. 18. Coo, of Enfun:ement. T"""" shall pay, on dem:md by MEMO, ill com ml expenses Urluding ~~ ""'"ney' f"", inanred by MEMO in conneaion wih the enfo=n!nt oJ this Agree.nenr. 19. Constroction. AI! ref"""", in clm Agreem:nt in the singubr shall be construed to inchxle the plur.U where "ppICb~ ml the n=uIine sha!l incI.xle ill other gender.. AI! co_, >greements ml oblig.tions in clm Agre= ~ by T"""" shall be, ml shall be deemed to be, joint ml sev=l coo""","". I-biings of the par:>gr.>pIu of clm Agre= "'" for con",nieno: onlyml do not Jim<, expwi, or othen.ise construe rho P<eMsx,ns or co""",,, oJ this Agree=m. 20. Eotire Agreement This Agre=, rogetber wih ill ""'<hments ml rile", related seoriy docutnem ml such rules ml regulmns '" =y be pnlm.llg.red by MEMO for rho "== oJ money omer.. from tin>o to tin>o, shall co","""" the entire "lV"=nI betm:en the pa<ties bereto. There "'" not other ~ or~, written or or.ll, betm:en the pa<ties wih respect to the subject nmrer of clm Agreement There ,hall be no modif'=i:>ns, ~, or ~ns to clm Agre= unless >greed to in wtting. signed by,]l p:m:ies. This Agre= ,hall bind ml inure to rho benef< of the parties, tbcir respective heirs, successo", representttives ml proper ""igns. 21. Time oftbe Essence. Tune is oJ the essence in clm Agreem:nt ml the IWer. WARNING - BY SIGNING TIllS PAPER, YOU GIVE UP YOUR RIGfIT TO NonCE AND OJURT TRIAL. IF YOU 00 NOT PAY ON TIME, A OOURT JUDGMENT MAY BE TAKEN AGAINSf YOU WlTHOur YOUR PRIOR KNOWLEDGE, AND TIm POWER OF A OJURT CAN BE USED TO OJLLEcr FROM YOU REGARDLESS OF ANYa.A1MS YOU MAY HAVE AGAINSfTIm OtEDrrOR, WHETImR FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO OJMPLY WITH AGREEMENT, OR ANY OTHER CAUSE. ~~;~~~~ORDEROOM'ANlI MEMOMONEYORDEROOM'ANlI MEROiANIS EXPRESS l5A, INC MEMOMONEYORDEROOM'ANlOFNY,1NC D~>->-r:~~b.~~. ''-I(.....'A:(-<- S (.L\h(r') ~~-J 1Rl.5TEE Gllpo"..,lStore N:lme ,- S' <Ie 'FPt.sJCl'-\......... T=ree (lndMd T<ie T=ree T=ree (lndMdwl) ]uv:l7.:"Xf Trustee (IncIMdwI) JYIhKCHANTS .hXl~l<.hSS MUN.hY UKU.hK CUMl~ANY MEMO MONEY ORDER COMPANY MERCHANTS EXPRESS USA, INC. MEMO MONEY ORDER COMPANY OF NY, INC. PERSONAL MONEY ORDER TRUST AGREEMENT REWTIANCE BYELECIRONICFUNDS 1RANSFER TIlls Rider is an integral part of the Personal Money Order Trust Agreement being executed by the parties simultaneously herewith. Any changes ro this Rider shall serve as an authorized addendum to the original Trust Agreement when properly executed by both partIes. TRUSTEE: Corporate/Business Name }2,eJ RAI2..i\ (I N:rrtrtlj 8tcRf" Street Address :'74C) MAU12AI?f'F+ Gty ('1'1 IZS leA State J3L Zip Code.JSP'Z...9 Telephone Number C BiLl! "':,7'1- ~1f,4 Fax Numbed9W J3,g -3/c5 Agent Number , Legal Entity: a MONEY ORDER FEES: Corporation Q liC Q Parmel>hip Q Sole Proprierol>hip Money Order fees shall be based upon the average weekly volume of 6,- 5D Money Orders sold by Trustee. Trustee's Money Order fee shall be $ '37. '5 .. per item ~~ maximum retail selling price of $ 79 "" . Additionally, a money order dispenser fee of $ 23, c(" per week(.month ,hall apply plus applicable taxes. Weekly money order dispenser fees shall be included with Trustee's last (if applicable) regular weekly Am draft. Monthly money order dispenser fees shall be included on the next regular weekly Am draft following the last calendar day of a parucular month. The minimum monthly revenue generated by Trustee's account must equal $ N//\ per month. The difference between the minimum monthly revenue and a combination of per item money order feesl 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 Am draft. Money Order fees may be modified by MERG:IANTS EXPRESS MONEY ORDER COMPANY, d/b/a MEMO, or MEMO MONEY ORDER COMPANY, d/bl a MEMO, MERG:IANTS EXPRESS USA, INC d/bl a MEMO, Pennsylvania Corporations, or MEMO MONEY ORDER COMPANY OF NEW YORK, INC, d/bl aI MEMO, a New York Corporation ("MEMO") at any time upon thirty (30) days notice ro 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 moneyordel> stricdypursuant to the following procedures: A Trustee shall sell only MEMO money orders in each retail establishment. Trustee shall ensure that the money ordel> 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 pel>on, 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 ordel> 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 $ ,5nn <?S:. 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 ro MEMO's Help Line at 1-800-864-5246. F. MEMO may deliver blank money orders to Trustee, or ro any agent, employee or representative of Trustee, by whatever means MEMO deems appropriate, and MEMO is authorized ro receive and issue a receipt for blank money orders on behalf of Trustee. TERc"IINATION: 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 Sununary Report, prior to the close of the sales reporting day. The weekly money order Sales Swnmary Report will reflect money order sales for the applicable reporting period. SALES PERIOD: BEGINNING DAY MC(Jchl~ Th Vrl<:;bl'll ENDING DAY REPORTING DAY Ciili/WIRE 1JJ.,1h6"Clfl'-( .q".~j",-.J ~ 1h,,~<:rOA-\1 ~A-\/ 1h1lt' <;r~ 1Vtt~A{~ Trustee will be provided all pertinent reporting information on the weekly money order Sales Swnmary RePOrt. fu 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 money 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 promptly confirm 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 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 consistently, 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 promptly connected to a clear telephone line during electronic polling transmission times. WEEKLY ACCOUNTING AND REMITTANCE: On --1'd ()1):~4U and ~(JIlSr:l R~ of each week, MEMO will calculate a weekly money order sales tOtal from daily data obtained from Trustee via elec nic polling transmission of the money order dispenser. MEMO will forward the weekly Money Order Sales Swnmary Report to Trustee as stated above. Trustee shall reconcile the weekly Money Order Sales Swnmary 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 O'Ml discretion. 1RUSTEE MERafANTS EXPRESS MONEY ORDER CO. MEMO MONEY ORDER COMPANY. MERafANTS EXPRESS USA, INe. MERafANTS EXPRESS MONEY ORDER COMPANY OF NY Corporate/Store Name tic, I :&liZll (1'1'0+12.\1<;1,,"1' Signa~" _----...., TItle I'~~A:? L-..J\ Date 1'L12b / ZOOt' ~:a=~~~::~~~ _ Date /' - 3/. - ~.5 ELECIRONIC: August 26, 2004 EXHIBIT B MERCHANTS EXPRESS MONEY ORDER COMPANY MEMO MONEY ORDER COMPANY PERSONAL INDEMNITY AND GUARANTY Intending to be legally bOWld hereby, and in otder to induce MERCfL-\J.'-lTS E..'<PRESS MONEY ORDER COMPANY, d/b/a/ MEMO, MEMO MONEY ORDER COlYIPANY, d/b/a/ MEMO, Pennsylvania Corporations, or MEMO MONEY ORDER COlYIPANY OF NEW YORK, INC, a New Yorlr Corporation, or any subsidiazy d/b/a/ MEMO ("MEMO") to sign that'certain Personal Money Order Trust Agreement, Rider and amendments or changes thereto as may be in effecr from time to time (collectively the "Agreemenr') with: Corporate/Business Name '':;Frl BA12n (1C:l1rth'\( l %eC Street Address :34CJ iYln r n St.-tV....---1- City Cc f'" 1 CA State rn Zip Code \5B'LCJ and in consideration of its so doing, the Undersigned, joindy and severally, absolutdy and Wlconditionally, personally guarantee and become sULety for Trustee's full performance of the Agreement, including without limitation the prompt and PWlctual payment of all amoWlts 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 failULe 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 Wldersigned 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 l\ffiMO 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 \lIith respect to the Agreement, including but not limited to any renewals, e..'Ctensions, modifications, postponements, compromises, indulgences, waivers, surrenders e."Cchanges, 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 Ovil 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, Cleu or attorney, shall be sufficient wa..r.rant. 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 l\ffiMO shall deem necessary and desirable, and this Guaranty shall be a sufficient warrant therefor. The Undersigned acknowledge that by authori2ing !v.lENfO 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 '->>ith and evidences the obligation of the Undersigned to make payment in connection Vlith a commercial transaction. This Guaranty is irrevocable and shall be binding and operative until such time as l\ffiMO shall have been paid all sums owed to it under the Agreement and that may arise pursuant to this Guuanty. This Guaranty shall be govemed by and construed in accordance \N'ith the laws of the Commonwealth of Pennsylvania, disregarding any roles 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 lVLAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO ~~:-~~~~HERCAUSE. Guarantor's S _..... {(0 ~ r --=s:: '0 v.J tttE Print Guarantor's Name 3--2\ ~rJ:::hr /lve;--. Guarantor's Sigaat:uIe 1~ Print Spouse's Name Home Address Home Address I tzfF Zip Code City State Zip Code Date *If not m:lmed, ple:J.se indicate by affixing ''N/~-\'' on line for second Guanntor's signature. :-lovembCJ'7,Z002 MERCHANTS EXPRESS MONEY ORDER COMPANY MEMO MONEY ORDER COMPANY PERSONAL INDEJVINITY AND GUARANTY Intending to be legally bOWld hereby, and in order to induce iYffiRCH.\NTS EXPRESS MONEY ORDER COMPANY, d/b/a/ iYffiMO, iYffiMO MONEY ORDER COMPANY, d/b/a/ MEj\,IO, Pennsylvania Cotporations, or iYffiMO MONEY ORDER COMPANY OF NEW YORK, INC, a New York Cotporation, or any subsidiary d/b/a/ NffiMO ("NffiMO") 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'') with: Corporate/Business Name 'REd bArlt1 (Iount~ Str.(1F City (lC'lC-c"i( A Street Address 3'1.Q lYl,11r1 ,')-hZE',,+ State pA Zip Code ]5 B 2..4 and in consideration of its so doing, the Undexsigned, joindy and severally, absolutely and Wlconditionally, personally guarantee and become surety for Trostee's full performance of the Agreement, including without limitation the prompt and PWlctual payment of all amoWlts becoming due from T rostee to NffiMO thereWlder, and shall indemnify and hold NffiMO harmless against any and all damage, loss expense (including attOrney's fees) and/or liability sustained by it by reason of or related to Trostee's failure to perform the Agreement. The Agreement may be modified by i.\iEJ.\IO and Trustee without notice to the Wldersigned and without affecting this Guaranty. NffiMO may enforce this Guaranty against the Wldersigned in the Court of Common Please of Cumberland COWlty, 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 tvfEMO 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 narw::e whatsoever with respect to the Agreement, including but not limited to any renewals, e."<:tensions, modifications, postponements, compromises, indulgences, waivers, surrenders e."(changes, releases, and failure to pursue or preserve rights against any person, and the Undersigned shall remain fully liable hereon notwithstanding any of the foregoing. E."(cept as provided herein, the Undersigned hereby waive all defenses whatsoever to the Undersigned's liability hereWlder 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 au~oti..zing the immediate issue of a writ of e."(ecution, all in accordance with the Pennsylvania Rules of Civil Procedure. For such pwpose, 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 ~ffiMO shall deem necessary and desirable, and this Guaranty shall be a sufficient wan:ant therefor. The Undersigned acknowledge that by authorizing l'fE:N[O to confess judgment hereunder, the Undersigned have waived the right to aotice 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 in:evocable and shall be binding and operative Wltil 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 govemed by and construed in accordance with the la.ws of the Commonwe:1.lth 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 COMPLYWITH_~G~~~... '.O..~1\NY~~.~..-, /E. (i) ~~-_/ . c>/ .tr::;/ Guarantor's Signature ----'" ~"1v\bl 5 l4t:id Print Guarantor's Name Guarantor's Signature Print Spouse's Name ~01 3'j., 0"", "_ Home Address '71rte. + Home Address G./I" ~ 'h.ry City Il/ 7"/ IN"( Dace .t' v.) St::r.te I(J)"3 Zip Code City State Zip Code Date *If not ma.r:ried, please indicate by affi..cing "N / .-\" on line for second Guarantor's signature. :'>loycmbu1,1OOZ ~ ~. ~ ~ ~ C) ~ ~ ::t:" '-- C/) --0 ~ --. ~ ~ c- '- ~ ~ ~ c- ~ -...c:.. ~..., ; : ~ j"-~ r--..~ C:.:> ';.;..l t.~ 'I C) -n :;1 ;--';'::7J r- (:1', , :; c.') C~..; 1 -.J I"~:' .' -- .' , '...') ,;-rj