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HomeMy WebLinkAbout05-5578 Merchants Express Money Order Company PLAINTIFF v. Malik Hasid Hassan Individually, jointly and severally, DEFENDANT and Malik W. Hassan Individually, jointly and severally, DEFENDANT and Uncle Willie's No.7 d/b/a Stop-N-Shop Partnership DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY ,2005 ro No.~ S-~7f 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: $ 5,877.93 $ 784.54 $ 4,686.30 $ 1,763.38 $13,112.15 Attorney Fees: Total: ~f6 Attorney for Defendants Attorney 10: 76859 Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Malik Hasid Hassan Individually,jointIy and severally, DEFENDANT ,2005 and No.Oy5578' Malik W. Hassan Individually,jointIyand severally, DEFENDANT and Uncle Willie's No.7 d/b/a Stop-N-Shop Partnership 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 Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Malik Hasid Hassan Individually, jointly and severally, DEFENDANT ,2005 and No. 0.5- :,:)'7 f C~-r;-<-- Malik W. Hassan Individually, jointly and severally, DEFENDANT and Uncle Willie's No.7 d/b/a Stop-N-Shop Partnership 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 Uncle Willie's, No.7, doing business as Stop N Shop (hereinafter "Uncle Willie's"), is a partnership, whose address is 630 NW Front Street, Milford, Delaware, 19963. 3. Defendant Malik Hasid Hassan (hereinafter "Hassan"), is an individual residing at 27621 Equestrian Drive, Salisbury, Maryland, 21801. 4. Defendant Malik W. Hassan (hereinafter "M.W. Hassan") is an individual residing at 27621 Equestrian Drive, Salisbury, Maryland, 21801. 5. Defendants Hassan and M.W. Hassan are the owners and/or operators Defendant Uncle Willie's and entered into the Trust Agreement on behalf of Defendant Uncle Willie's on or about November 23,2004. A true and correct copy of the Trust Agreement under which Defendants Hassan, M.W. Hassan, and Uncle Willie's are confessing judgment is attached hereto as Exhibit "A". 6. Defendant Hassan and M.W. Hassan, with the intent to induce MEMO to enter into a Trust Agreement with Defendant Uncle Willie's, entered into the Personal Indemnity and Guaranty on or about November 23, 2004. A true and correct copy of the Personal Indemnity and Guaranty under which Defendants Hassan and M.W. Hassan are confessing Judgment is attached hereto as Exhibit "B". 7. The forgoing judgment against Defendants Hassan, M.W. Hassan, and Uncle Willie's 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$13,112.15 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 December 21, 2004, until March 22, 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 January 27, 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 January 27,2005 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". 14. The failure of Plaintiff or its designated check-clearing banking center to receive trust funds from the Defendants 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: $ 5,877.93 $ 784.54 $ 4,686.30 $ 1,763.38 $13,112.15 16. The Defendants' most recent lO-week sales average equaled 41 money orders causing Plaintiff Lost Fee Income of $4,686.30 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 $ 13, 112.15, as authorized by the Warrant appearing in the attached Trust Agreement, together with Lost Fee Income, interest from the date of judgment and costs. ~~J- Kevin.N!. Lutkins, Esq. Attorney for Plaintiff Attorney 10: 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. David W. Bush Merchants Express Money Order Company PLAINTIFF COURT OF COMMON PLEAS, CUMBERLAND COUNTY v. Malik Hasid Hassan Individually, jointly and severally, DEFENDANT ,2005 and No. Malik W. Hassan Individually, jointly and severally, DEFENDANT and Uncle Willie's No.7 d/b/a Stop-N-Shop Partnership 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: Uncle Willie's No.7 630 NW Front Street Milford, DE 19963 Malik Zahid Hassan 2762 I Equest Drive Salisbury, MD I Malik W. Hassan 2762 I Equestrian Drive SaliSbUl);~1801 r) . h.) . David W. Bush SWORN to and subscribed before me Ws _ l'Y' day of ~,2005. . ~~ e 1M ~'--- Notary Pu ic \__J COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer R Hamelin, NotaJy Public Wormle)>lburg 8010. Cumbeltand County My Commlsslon Expires July 12. 2008 Member, Pennsylvania Association Of Notaries Merchants Express Money Order Company PLAINTIFF v. Malik Hasid Hassan Individually, jointly and severally, DEFENDANT and Malik W. Hassan Individually, jointly and severally, DEFENDANT and Uncle Willie's No.7 d/b/a Stop-N-Shop Partnership DEFENDANT COURT OF COMMON PLEAS, CUMBERLAND COUNTY ,2005 No. 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended. SWORN to and subscribed . }<1>' before me this "- I day of Odclx(, 2005. ~.. 'i2 j[ 4fflyvl,,-- N iliblic , COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer R. Hamelin, Notary Public Wonnleysbwg 8010, Cumberland County My CommIssion Expires July 12, 2008 Member, Pennsylvania Association Of Notaries \:) ~~jJIU David W. Bush EXHIBIT A MERQfANTS EXPRESS MONEY ORDER COMPANY/MEMO MONEY ORDER COMPANY MERQfANTS EXPRESS USA,INC' MEMO MONEY ORDER OOMPANY OF NY, INe PERSONAl MONEY ORDER TRUST AGREEMENT 1Hl5 AGREEMENT is made betv..en MERCHANTS EXPRESS MONEY ORDER OOMP ANY, d/b/a MEMO, MEMO MONEY ORDER OOMP ANY, d/b/a MEMO, MERCHANTS S'<PRESS lBA, INC d/b/a MEMO, PellIlS)lv:mia CDCpOr.ttions or MEMO MONEY ORDER OOMPANY OF NEW YORK, INC, d/b/, MEMO, a J'b. Yorl< GJ<por.ttion, or my sub;iliuy d/b1 aI MEMO (MEMO") and the individwl(s) ond/ or enricies <Jemjf.d below, bere.frer referred to as Trusree(s). In cons<lwrion of the ImltU:l! promises comined m this agreen=t ml mr.Miog to be \,golly bound bereby, the patties agree as foJJow" 1. Agency. MEMO appoims Trustee to o:t as a special ag'''< ofME.\lO" erl of Tnmee's rwilest1blislurems 'PP~ forthe sale of moneyoro.rs i<sued byMEMo.lt is expresslyagreed that MEMO and Tnmee shall be independent CO=oo ml that the reIarionsb;p betw.en the Parcies shall nor constitute a f"UUla'b;p, joins venrure or agency (c<ber than as expresslydescnbed berem). Ne<her MEMO nor Trustee shall have the autborityto malo, mystllelllenrS, represenrarions orc01lUllilrents of my kinrJ, orb!., anyaction, wbX:h shall be bUxling on the other, wrlmur the prior consent of the other POlt)'. Tnmee accep<s su:h 'ppoimm:llI m >:cordance MIl the tenDS and condmns specif.d m this Agree=m and m the ~ ROO herein inco<por.xai and made a port hereof. 2. Trust Relationship. Tnmee shall receive and boll m trust for MEMO ill blankmoneyoro.rs ddMred to Tnmee by MEMO ml ill moneyreccived byTrusree from the sale of moneyon:bs, including wrlmur limitation the =neyOlder fees est1blisbed by MEMO from time to time ("trust funds'l Tnmee shall boll the trust funds sep_ and aport from c<berfunds of Trusree. The failure of Tnmee to boll trust funds separate ml aport from my c<ber funds of the Tnmee shall, " the oprion of MEMO, be a breach of this Agree=m enritIing MEMO to mnediare possession of anyaocounr or =aunts inro wbX:h funds receMod for money Older sales from co"""""",, have been depc.tted ,00 su:h c<ber remedies, IDcluding renninarion of this Ag!=m, as are proviJed for herein. J. Money Older Fees. In cons<lwrion of the SeM:es rendered to Trusree by MEMO, Trusree shall pay MEMO, fee ("Moneyo.der Fees") speclied m the ~ mer. Moneyo.der Fees maybe mxlif.d byMEMO" anytime upon tbirty(JO) dal' prior nori:e to Trustee 4. Mot<ri2ls Supplied by MEMO. For the sole pwpose of selling moneyon:bs p=uant to this Agreement, MEMO willSlWIyTnmee MIl the fo~ A An odequ:tte SlWIy of blank money oro.rs, serially numbered ml consisting of two or tluee ports, The fim part being the money Older instrumeOI iIseIf (stub! purchasets receijx with two part); the second part being the accounting (store) copy, ml the thin:! part being the purchasets copywith a tluee part foan. B. An agency msuIhtion foller containing adequare supplies of money md.r reponing fonno;, mailing Iabek, lost money mder dUm =ls, stop pa}'IlCtt forms ml v.uions c<ber fonno; necessary for the continuous and on-gomg operrim of a moneymder program Funbennore, Trusree agrees to complywith ill Federol and Stall: reguIarions goo;erning currency=acrion IefX)rTS ani for record keeping. _ C A IIXlrq oIder imprinrer of the quality necessary to imprim the rooney order dollar v:We finnly into the money order so as to inhibit the aker.ttion of anyir.em. Money order imprinters shall be of two differellI <;pes consisting of both electronic moneymderdOpens", and m:uJUa!moneyoroer ;",prinre>S. Ax MEMOs sole discretion, eitbert)pe of dispenser shall be i<sued to agent. Mmual =ney oroer dispe= shall contain an iJenrifjing plare, wbX:h shall read "MEMO' folo"-"l! by the Tnmee !D. number. EIecrronic money order dispensers shall be programmed by MEMO to indi:are Tnmee!D. number on Unprinred moneyoro.rs. Such rnoneyorder Unpri= shall" ill rimes continue to be the sole property of MEMO ml shall not be remJved from the Trustee's rwil est1b1isiu=tt where ;, was originally installed by MEMO. Any c<ber money Older dispe= nor owned by MEMO and used by Trusree to ;",print =neyoro.rs must be approved by MEMO. D. Such advettismg mareriaI as MEMO in;' sol: discretion shallde=nine. 5. Right to an Accounting. Notwitbsranding myother p"",;,;r,n of this Ag!=m, MEMO shall have the righr," ill reasonable rimes, MIl or without nori:e, to "'''''' Trusree's premises and to inspect and pettonn an =ounting of, or cause ;, eIqlloj<es or >gem to inspect ml perform an =ounting of, the cash receijxs, Money o.der Fees, the >:counting (store) cop;" of money mde" soil ml the Trusree's invellImyof unissued money oro.rs. A ~ will be assessed ag>inst Trustee to recover expenses incuned by MEMO when an auoft is made due to Trustee's breach of this AgreemellI or if the auoft discIases , breach (See auoft feel penaltyfee scbedule). 6. Rules and Regulations. Trusree shall complywith the folowing rules and reguIarions' A l'.J'o IIXlneyOrder shall be issued orsoki to all}One in pajIre!lI of anyobligarion of Trustee or used in anymannerfor Trustee's own f'l11IX'SfS. exrept as aIIowt:d byMEMo. B. Only cash shal1l::e accepted as pa}Ule11t for rmney ordels &ued or saki No cbeck or other paper transmitted or deposited by Trustee to or for MEMO shan comcitur.e a rm1ittance to MEMO until ocrua1Iycoleaed, MEMOto have the oprion m each case as to wherbertO deposit anysu:h p'p"forcolleaXm. C Trustee shall safeguard ill unissued money oro.rs and the money oroer ~ with the highest degree of care. The care e=cised m reganI to lIDlle}' oro.rs shall be " least " that 'Ppli:ab'" to cash. Tnmee shall report to MEMO the serial number of each money Older stolen or missWg. and ill e<ber inf01mllion reIaring to the event, immilitteIyupon discovoy of the fact, bur manyevent not I:tterthan """'Y"four(24) bows prinrto the money"""'" being presemed for pa}'IlCttto MEMOso that pa}'IlCtt <= be stopped oosu:h missmg orsrolen moneyoro.rs. Such report sbaIl be bytelephoce ml immilitteIyconfirmed in. writing. Trusree shall be soleIyresponsilile for ill losses arising from, and shall indemnifyMEMO ml boll hannIess reg.uding anymlillsrolen ormissmg lroneyOro.rs as well as myrnoneyOlder;",prinre>S issued to Trusree. l'urthe!rnore, Trustee shall be responsIDle for repa;rorrepl=m:m of anyi<sued moneyorderdispe= stolen or damaged as a result of tois=, negligence, abuse, fne or otberwise. Sail responsIDili:yml lability of T= shall nor be Iimired byTnmee's compliance MIl the safeguazding. care, ml reporting ob~ set forth in this _ph. D. Trusree shall" all rimes main.tain. a sound fi=riU posiOOn ml provXle cunenI fi=riU infonnarion to MEMO as requesred by MEMO. Trustee shall cocduct operarions so that the funds geoerared from the sale of =ney oro.rs will not be in jeopanJy nor seem in. the opinion of a reasonable 1""00 to be in jeoportly ml shall cease the issuana: of lIDlle}' on:bs ml notify MEMO mnediarely, shoukl such jeopartlyarise. N:m:aOOn to MEMO shall be made prompdy bytelepbone ml immilitteIyconfinn,d in writing. "SouZld Finsncial GJndiim" shall mean that there has been 00 mareriaI ad""", change in the business, oper.ttions, <:on<IiOOn (fi=riU or otherwise) or prtllpeas of the T= ml that neitberTrustee or anyGuaranror has beco... insoNenr, generally =hle to pay;' de", as they becotne due, involuOIarilyS\lSpeuded """action of ;, business, made a gewaI assigmnent forthe benefit of credito", instiwred a p=eeding described in Pmgroph 7B or consemed to anysu:h order for relief, decluation, finding or relief described therein, institun: a proceeding descnbed in. Pmgroph 7B or consemed to my su:h 'ppoinnrent or to the taking of possession by my su:h official or ill or any subsranria1 part of ;, property, wherber or nor my su:h proceeding is insrituI>d, or has tak.ri any action in furtherance of any of the foregoing. A lack of sound fi=riUcondiionshall also include when Trustee foils to pay, on the dare wbX:h the same is due, mysum paJOble hereunder or foils to pay;' credito" generallyormaJ..s representariocs to MEMO or to c<bercredin.:>n that;, must delayanysu:h pa}'IlCtt uoderconditions wI>ch, in the sole discretion of MEMO, ;, appears clm Trustee is no h.cger in a sound ficancial condiWn. E. Trustee sh.all provide :MEMO by facsimile transmittal or registered nWl three (3) weeks advance notice of proposed change(s) in the ownership of either Trustee's business, the rrwugement of Trustee's business, the s2le of fift}"-one percent (51%) or more of Trustee's assets, or the entty into or termination of business affiliated with Trustee. Trnnsacbons included within this paragraph 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, ha.s entered into appropriate documentation, including a trust agreement. No transaction, discussed. in this subparagraph, shall be effective without the prior written approval of MEMO. Any attempt by Trustee to effect such a transaction without MEMO approval shall be void, ab initio as to MEMO. If Trustee fails to give such notification, Trustee. as well as its successor, shall remain liable for the payment of all sums and the perfonnance of all duties required by the Agreement. Any change of ownership or other assignment within the meaning of this paragraph shall bind Trustee's successor or assignee to the tenns and conditions of this Agreement. F. Ax all of Trustee's retail embIisiu=tt IDcluding those newlyopened or ~ Trustee ,hallsdl onlyMEMOmoneyon:bs. Trustee must provXIe MEMOMll" lease 9Och)' nori:e of its intent to dose irs cunent m:ail b:aOOn and to reopen ;II: ancxher bc:d:ian. G. Trustee shaIlsdlMEMO=neyon:bs only" Trusree's specificaIIy'PP~ plo:es of business orn.un.p'= of business as approved byMEMO. Trusree shall not ,ppoint and lor offer the services at orto anyem:itynoc: a pmyto tb3 agteeIrent. H Trusreeshallrernainopenduringthe c""",, of nonnalbusiness bo"" forthedur.uion of this agreement. Failure to do so shaIlconstitun: a breach of this agreement. I. No funds recoived byTrustee shall besubjectto ~J.vyof """"",,",orsequesttarinn byOlderof myOOUrt,=ptforthe benefit of MEMO. 7. Tenn of Agreement The term of this Agree=m shall run for, period of five (5) l""' from the dare of this Agree=ot ml shall renew ~for successive five (5) J= periods. After the inGlfive.J=termofthis Ag!=m, Trustee may""""""" this Agree=m upon six (6) rnontbs priorMitrennori:e toMEMO, ml MEMO may""""""" this Agree=m upon sixIy(60) da}S poor written notic.e to Trustee. In the event Trustee does na: provi:le properr.enniwrionnoti:e, Trust.ee sballl::e responsible for bst fee incom: to MEMO fortbe duration of tho: CO!:ImCt in eff= Fee mcom. shall be calcuI=I usmg Tn=es most recent lO-weeksales a~. ~the foregoing, MEMO may""""""" this Agree=nt" anytim:, or any Iocacioncovered by this agreement. immediat<Iyand without oOOc.:, and! or= ju:Ig=nr ~ to the provisWns of Paragraph 11 bereof, upon the happening of my of the following """", A MEMO or ;, des;gmr..d chedr,cleariog banking =rer does not receive the >:counting docurtx:nor<>n or paJ=llI of trust funds (Wdx!ing money order sales pro=ds ,00 money Older fees), wilintheri= period and on thetertnS specified in the ROOtothisAgree=m B. Trustee or any Gu:u-.mror <:orrurW my '" of msolv=:y, or upon the fiIJing by Trustee or my Gu:u-.mror of anypetirion uoder my I=ksupo:y. reo<gacizarion, msolv=:y, or lror.ttorium law, oranylawforthe relief or, or relaringto debtots; orthe filJingof myinvohmtaIypeticionag>instTrustee uodermybankruptcy"""'" orthe appoionrenrof ,receiverortrust<e to b!., p:>ssessian of the propen:yor assets of Trust.ee; ortbe subjeailnof any Trustee's propertyorassetS to any.evr, seizure, assignmeot or sale for or byanycrediror orgovenurental agency. C The non-perfo=byTnmee of myobbgorions ofTrusree p=uanttothisAgreen=r. The happening of my of the foregoiog e",,'" shall be a defaulr under this Agree=nt mi, wtthout my notice from MEMO, corntituro a def.wIt under my and all >greem= of Tn=< ond/ or Tn=<'s gwr.mrmN wirh myother reI=l ~my. In the evetlI MEMOtelnliMes this agree>rent due to a default, Tn=< shall be respomilile for lost fee inco= to MEMO for the dur..ti:>n of the cOntract in effect. 8. T ennination. Upon. the exptt-arion or """"",""n. of this Agreernenr, Tn=< imn.dj,rejyshalldeliver to MEMO all cash receipts from the sale of IIDnqonlels, IIDnq01der fees due MEMO, "'~ (swre) cop"" of m:mey01delS issued, the mJnqo.oo:imprn..ram myamollmaterials ordccu=ms provXled toTn=< byMEMOpmsu:mt toth;s Agreernenr, iocWing, bur not furured to, oll blank m:mey oRier foJIIl'l. All oblig:ltion, covenantS, Iiabilicies, and mdemcicies of Tn=< hereunder shall survive the expirarioo or """"",""n of th;s Aj;ree=m. A """"",""n no"" provided by MEMO for my reason other than the expirocion of th;s Agree=nt shall be eff~ as of the ~ of my such evetlI ausiog rermiru>tion under pa<'grOph 7 hereof or upon the enny of confessed juJgmem, whicbever fizst QCCUlS. A In iIs so~ discretion and not wtthstandiog myotberprovisioo of the agree>rent to the """"'Y, MEMO mayimn.dj,rejyremWte th;s l=rion or my location covered byth;s ~ in the event MEMO detemDnes 1hat compli=e wirh this agn:e>renr mnili cause MEMO or mynf iIs affi1iares to viobre or porenriaIIyviobre my lx:al, stare or fed=lhwor reguhrion. or mycourr order. 9. Confession of Judgment. Trustee hereby imwcablyauthorl2.es and empowm any attorney orthe PlOthonOtuy orOerlc: of anycowt of record. upon orafttrthe occurrence of any event described in paagt2Ph 7, to appear fur and to confess or enter judgment: against Tmstce for the t.ce amount of all money otdeD sold pwsuant to this Agreement, the app1ic<1bJe Money Onier Fees, accrued interest theteon,. interest expense not to exceed eighteen pelCent (1SOfo), and for any other sums due MEMO under this Agtcement, together with expenses and cost of suit and re:lSooablc attomey's fees and. said fees not to exceed thirtypelCent (30%) of said amount and sums, for colle:ction as provided herein including all legal fees inct1n1:d in any Bankrupb:y ofT rustJ:e. For such pwpose, this ~~ ora copy he~f verified by affidavit by Trustee or on behalf ofT rostee by said attorney, Prodlonocuy acCede, shaD be sufficient wamnt 'The remedies of MEMO as provided herein and the wanant5 obtained herein shaD be enforted in accordance with the telIIlS of this Agreement and may be pwsued singly, successively. or together at the sole discretion of MEMO and as often as occasion therefore shall occur. 1he failu<< to exeldse any such. right or Iemedy shall in no event be constmed as a waiver or release thereof. 'The authority and power to appear for and confess or enter judgment: against T rostee shall not be exhausted by the initial uen::ise thereof, and the same may be ca:n::ised, from time to time, as often as MEMO shaD deem necessary and desitable, and this Agreement or a copy hereof shall be a sufficient WatCUlt tberetO~. One or more iudgments may be confessed or entered in the same or diffetent cowrties for an or part of the sums descnoed in this paragtaph. In the evedt any judgment: entered against Trustee hereunder is stricken or opened upon application by oron T rostee's behalf for any rc;tSon whatsoever, then any attorney or the Pxothonotuy or Oede. of any court of record is hereby authorized and empowered to again appear for and confess or enter judgment aga.inst TIUStee; subject, however, to the limitation that such subsequent entry or confession of judgment may only be done to cwe anyeno., in prior proceedings, and only and to the extentthatsuchenots axe subject to Ctue in the late proceedings. 10. lJabillry. Trustee, regan:Ibs of Trosrees freedom from negligence or orber fault, shall be ilisolurely!i3b1e A To rnalz: rerottrance to MEMO of the face """"'" of all m:meyonlas ,ok!, the apphb~ MoneyOnfer Pees, am oll orber monies due MEMO under this Agreernenr, reganlIess of the my.;cetim'i or tlOll-IIl}5teOOus di;~ppe:u:mce or loss of anyfunds from Tn.1Stee's possession by reason of the honest ordi5honest act of anypetson, act of GOO, or Otherwise. B. To rem< to MEMO the total =aunt of ollsums of IIDnqtbal: _be expended by or for MEMO in. pojing mylIDlle}'onlas delivered byMEMOto Tn=< tbal: are subseqoonIy presenred for ~ ~ or not MEMO is legally!i3b~ to pay the s= This ""'-pb shall not '!'Ply to my rooney 0.00: as to which Tn=< shall have fully p.dom.d Trustee's duCes underthis AgreeIrenL 11. Indemniry. Trusree shall indemnify, defetrl am hold h:umIess MEMO from am ~ any am oll looses, d:umges, Iiabilicies, cIUms, """,ns, sutts, proceedings, julgt=m, assesslWllS, fines, ~, COSlS, inIerest, am expenses (iocWing, but not linUred to, settIen=t cost and reasonab~ Ieg2l am accounting fees) sUSbined by MEMO resukiog from or arisiog out of my ocr or omission to ocr, ~bonesr, disbonesr, cegligeJltororberwise byTn=< orTn=<'s emplojees,_associates nrrepresewrives (~withinorwtthouttheirscope of p.d"""""",). 12. Securiry. As fwtber consiJer.ttion of appointrrenc by MEMO as i:s agenr, am in. oRier to p""" MEMO's propertyfrom con"";"", Trustee berebygram to MEMO a continuing securiry inIeresr in Tn=<'s bank _ inventol)' accoums <eceivable, ass~ nf lease, am fixnnes " all Tn=< locations. Trusree agrees to exeaxe all dccu=ms """"aryto creare or p.dea such securiry inIerest, inWling, hue DOt IimW to, recotded Uniform Cmm=ciU GJde.FUtmcial S_ (UX:1(s)) fiIling.. Futtbenmre, MEMO reserves the rigbt to requill: additional collar.er.a1 as it deems necessary for ongoing appcov.u. ani fortbe ductOn of the Agreerrenr. In the event Trustee changes ov.nexship in Trustee's business in anytraaSacrion sirnilar to those set fmili in _h 6(E) bereof, wtthout prior notice and '!'Pnml byMEMO" Set foxth therein., Tn=< berebygram a securiryinleresr in the proceeds of mysoch crans""",n until such rim: as an approved UUtt account is re-esublimed. 13. Notices. Except as otherwise stated, all notices. correspondence, md communications under this A?jreement sMll be in writing and addressed as fellows: MEMO P.O. Box 8863 GmpHill,PAl7001-8863 14. O1o;ce of Law. This ~shaIlbeconsttuedulXie<amin ."").i"",,wih the hws oftheCormmnwealth ofPennsftvania, &sreg:urliog myrules relaring to the choice mconfOCt ofla.... The patties consenc to venue am pelSonal jurisdi;OOn in GJmberland County, Pennsftvania, or, in the case of MEMO's """'"" of rights under P_h II bereof, in. myorberCOUtt of recoro in.PenllS)Ivania orelsewbere. 15. GomplWtce with law. Tn=< shall ab<le by (am e>nse iIs off=, prinOpoIs am emplojees to ab<le h>> all federal, stare and Ioca1 hws am reguIarions applCble to Tnmees business am services proviIed. They are to include bur are not furured ax (~Stall: li:ensingl=s; (b) the Bank Secrecy Act am iIs reguIarions; (c) Fed=lcasb reponing requirements andregolations; (d) Stall: Gmencyreponing requirements; (e) Feder.U ond/ or S_ mlIDnq laundering hws am all rules am regulations; (~ all '!'P1Cb1e stare rooneyrr.wsferor s.Je of cbedr Ia... am reguhrioo; (g) all fed=lamsareprivxyhwsam regulttions; (h) the lBAPatOOcAa. . 16. Non-Waiver. 1be fai}un, of MEMO to eo!oa:e anyprovis;.", of this Agree=nt ori:s failnreto declare adef:wk underthis Agree=nt shallnot constitute a W>iverormybre.:h or of my provision of th;s Agreerrenr. am shall not prejudice the rigbt an:J/ or power ofMEMOto proceed as fullyas if;o had not Wed to eofon:e myprovision of this Agreerrenr. 17. Enfu",cment. In the event of def:wk under the """" of tbis Agreernenr, Trustee agrees1hat MEMO sbaIl, in. addition to all rights;o might ha.., underthe hw, ba.., the rigbt of seeking sp:cified p.dom=ce in. the court of eqcity. Futtbenmre, Trustee agrees to consenc to the juris<lirion of a court of eqciry reg:udiog the eofon:eme>tt of th;s Agree=nt an:J/ or the eof=ement of MEMO(s) rights in. the event of mydef.wlt byTrosrees. 18. Cost of Enfu",ement Trusree shall pay, on demand by MEMO, all COSlS and expenses inchxling reasonable atromey's fees <>cwred by MEMO in conneaion wirh the enfon:en:<nt of this AgreeIrenL 19. Cons_lion. All references in th;s Agree=nt in the siogubr sbal\ be construed to include the plural where appli:able am the masculine shall include all orber gecdelS. All covet=lS, >greem= am obligations in this Agree=nt assutrt!<l by Tn=< shall be, am shall be deemrl to be, jcim: am se=l convenams. Headings of the paragrnpbs of th;s Agree=nt are for conveoience ooly and do not Iin>r, expm:I, or orberwise COllS1nle the provisions or "''''"'''' of th;s AgreeIrenL 20. EnliI< Agreement This Agreernenr, together wirh all awcbmems am 00.", reI=l securitydccu=ms and such rules am regulttions as may be prornuig>red by MEMO fm the issu=e of rrocey onIels from rim: to time, shall corntituro the entire agn:e>renr betv..en the potties berero. There are not other >greem= or~, written or oral, betv..en the potties wirh respect to the subjco: matter of th;s AgreeIrenL There shall be no modiU:ations, amendn=ts, or aIrerarions to tbis Agree=nt ooIess agreed to in. wriring. signed by all pames. This Agreerrenr. shall bind am inure to the benef. nf the patties, their respective heirs, sua:essms, represent<ives am proper assigns. Z1. T'un<oftbe Essence. T"",,~oftheesse=inth;sAgree=ntandtbeRKler. WARNING _ BY SIGNING TInS PAPER, YOU GIVE UP YOUR RIGHI' TO NanCE AND OOURT TRIAL. IF YOU DO NOT PAY ON TIME, A OOURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE. AND THE POWER OF A OOURT CAN BE USED TO OOllECT FROM YOU REGARDLESS OF ANYa.AlMSYOUMAYHAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PARTTO MPLYWlTHAGREEMENT,ORANYOTHERCAUSE. D= 11.:2. 0 MONEY CimEROOMPANYI YCimEROOMPANYI ME EXPRESS lBA, INC MEMO Y~RDE ::a.1PfN"9')5lY'W By ;9 ~... ~../~ ~ ~L~~ 1FIDMEMO 1FID1RlETEE, See attached RKler 1R~ U I CorporardStoreNam: v'ldL LOi II i 0- S Sign;4un:-MI1I:", ~">\.it\. \V,<;,~",T... . 1 -.- T=(IndiviiuaQ ~o..l.k ~.(,';sr(. '\ Trostee (IndiviiuaQ M (.\L K... \ "I \-\ L"\' y.,(J.}C~ 11:7 lme17.~ ~(IndiviiuaQ Tmsree (IndivrluaD MERCHANTS EXPRESS MONEY ORDER COMPANY MEMO MONEY ORDER COMPANY MERCHANTS EXPRESS USA, INC. MEMO MONEY ORDER COMPANY OF NY, INC. PERSONAL MONEY ORDER TRUST AGREE.MENT REMIITANCE BY ELECTRONIC FUNDS 1RANSFER 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 when properly executed by both parties. TRUSTEE: . Corporate/Business Name 1./;112/./_ Mr, , Street Address t 1t1 nt'11! Slid t[J//// /'~ d:i 7 1 . City 1l111IJ-tld State OE Zip Code /fjlj(,.J Telephone Number Fax Number Agent Number Legal Entity: Q MONEY ORDER FEES: Corporation Q LLC Q Partnership Q Sole Proprietorship ",,' Money Order fees shall be based upon the average weeldy volume of ,) I Money Orders sold by Trustee. Trustee's Money Order fee shall be $ 115 per item at a maximum retail sellin~ price of $ 1,00. . Additionally, a money order dispenser fee of $ /1/11 per week/month shall apply plus applicable taxes. Weeldy money order dispenser fees shall be included with Trustee's last (if applicable) regular weeldy AQ-I draft. Monthly money order dispenser fees shall be included on the next regular weeldy AQ-I draft following the last calendar day of a particular month. The minimum monthly revenue generated by Trustee's account must equal $ /l1A- 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 AQ-I draft. Money Order fees may be modified by MERa-IANTS EXPRESS MONEY ORDER COMPANY, d/b/a MEMO, or MEMO MONEY ORDER COMPANY, d/bl a MEMO, MERQiANTS 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) day.; notice to Trustee or when MEMO's ten week sales analy.;is indicates per item weeldy 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. The face amount of any money order sold by Trustee sball not exceed the sum of $ -;5,c>c' , e>,O 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 detertnined by Trustee's retail fee; and removed and retained the accounring (store) copy of the money order. E. If rhe 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. 1vfEMO 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 rennination, 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 instnunents 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 cbte, 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 arder 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: BEGINNING DAY maria [I ThL'L 7!OI J I /!Jd~d/2LI IYkmdad f 09VWIRE filt! iLJj /UtcSd'lul I ENDING DAY L{)~11 Sdli.,L/ I J'J1{jUL/ REPORTING DAY Trustee will be provided all pertinent reporting information on the weekly money order Sales Summary Report. As per predetennined 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 cby. 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 af 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 ta a clear telephone line during electronic polling tranSmission times. WEEKLY ACCOUNTING AND REMITTANCE: On /J1l'71d aLl and 7hU,e,}j,(tl.l~ of each week, MEMO will calculate a weekly money order sales total from daily data obtained from Trustee via ele tronic 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. 1RUSTEE MERQ-IANTS EXPRESS MONEY ORDER CO. MEMO MONEY ORDER COMPANY. MERQ-IANTS EXPRESS USA, INe lYlERQ-IANTS EXPRESS MONEY ORDER COMPANY OF NY Corporate/Store Name LJ;1{1lt 1t...~//;/'l "" 7 Signature V\Q~\< 'ZAhi...l }\('\-~"\ ", Signature Title Title Date Date ELECTRONIC: August 26, 2004 EXHIBIT B MERCHANTS EXPRESS MONEY ORDER COMPANY MEMO MONEY ORDER COMPANY PERSONAL INDEMNITY AND GUARANTY Intending to be legilly bound hereby, and in order to induce MERCHANTS E.,'{PRESS MONEY ORDER COiYIPAJ.'lY, d/b/a/ MEMO, MEMO MONEY ORDER COiYIPANY, d/b/a/ MEMO, Pennsylvania Corporations, or MEMO MONEY ORDER COiYIPil.1'lY OF NEW YORK, INC, a New York Corporation, or any subsidiary d/b/a/ MEMO ("M&vIO") 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 L)/7('-..!t 1.( J; /10' _:S Street Address to. ?tJ !lJtu f/;.V} I- S,id :iL7 1 . City tJlltIl lord State IJE- Zip Code /iiI) {,,} and in consideration of its so doing, the Undersigned, joindy and severally, absolurely and unconditionally, personally guarantee and become surety for Trustee's full performance of the Agreement, including without limitation the prompt and punctual payment of all amounts becoming due from Trustee to MEMO thereunder, and shall indemnify and hold MEMO harmless against any and all damage, loss expense (including attorney's fees) and/or liability sustained by it by reason of or related to Trustee's failure to perform the Agreement. The Agreement may be modified by MEMO and Trustee without notice to the undersigned and without affecting this Guaranty. MEMO may enforce this Guaranty against the undersigned in the Court of Common Please of Cumberland County, Pennsylvania (to which jurisdiction of said Court the Undersigned consents), as well as in any other court and state having jurisdiction, whether or not any action is ever taken by MEMO against Trustee. The Undersigned hereby waive all notices whatsoever with respect to this Guaranty except for notice of demand for payment from the Undersigned. The Undersigned hereby consent to the taking of, or the failuxe 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, e.'Ctensions, modifications, postponements, compromises, indulgences, waivers, surrenders exchanges, releases, and failure to pursue or preserve rights against any person, and the Undersigned shall remain fully liable hereon notwithstanding any of the foregoing. Except as provided herein, the Undersigned hereby waive all defenses whatsoever to the Undersigned's liability hereunder except the defenses of (1) payment, and (2) lack of notice as required in the Agreement. Upon default hereunder, the Undersigned hereby authorizes and empowers irrevocably the Prothonotary or any Clerk or any attorney of any court of record of Pennsylvania or elsewhere to appear for and to confess judgment against the Undersigned for all amounts due hereunder, plus all costs of suit, legal interest to date, and thirty percent (30%) added for attorney's fees, releasing errors, waiving stay of execution, and authorizing the immediate issue of a writ of execution, all in accordance with the Pennsylvania Rules of Civil Procedure. For such purpose, this Guaranty or a copy hereof verified by affidavir by the Undersigned or on behalf of the Undersigned by said Prothonotary, Cle:rk 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 NIE.!vIO shall deem necessary and desirable, and this Guaranty shall be a sufficient warrant therefor. The Undersigned acknowledge that by authorizing N1EwfO to confess judgment hereunder, the Undersigned have waived the right to notice in a prior judicial proceeding to determine their rights and liabilities. This Guaranty is given in connection with and evidences the obligation of the Undersigned to make payment in connection with a commercial transaction. This Guaranty is irrevocable and shall be binding and operative until such time as i'vfE1vl0 shall have been paid all sums owed to it under the Agreement and that may arise pursuaJJt to this Guaranty. This Guaranty shall be govemed 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 CLAlMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAlLURE ON HIS PART TO COMPLY WITH AGREEMENT, OR ANY OTHER CAUSE. ~' , <'.I..'^-I< Z(.\.L\AL J..I.1.$SCt1A Guarantor's Signature Print Guarantor's Name Guarantor's Signature .1\/ 11- Print Spouse's Name Home Add.ress Home Address Zip Code State Zip Code City II /23/0'1 I ( State City Date Date *Tf' nnt m~meci. nlea~e indi":Jtt" hv :lffi..'cinu ''N IAn on line for second Guarantor's signature. ~oV<mlbcr7,ZOO2 MERCHANTS EXPRESS MONEY ORDER COMPANY MEMO MONEY ORDER COMPANY PERSONAL INDEMNITY AND GUARANTY Intending to be legally bound hereby, and in order to induce iYlERCHANTS EXPRESS MONEY ORDER COMPANY, d/b/a/ MEMO, MEMO MONEY ORDER COMPANY, d/b/a/ MEMO, Pennsylvania COIJ'orations, or MEMO MONEY ORDER COMPANY OF NEW YORK, INC, a New York COIJ'oratioa, or any subsidiary d/b/a/ MEMO ("MEMO'') to sign that certain Personal Money Order Trust Agreement, Ride!' and amendments or changes thereto as may be in effect from time to time (collectively the "Agreemenrj -with: COIJ'orate/BusinessName ()IlIJ)l.-IA)/-///' :s #--7 City 1fJ, (fIOrd StreetAddresst~t' AJu) ffonr5'l-ru..d: State 0 E Zip Code Iqtlu? and in considention of its so doing, the Undersigned, joindy and severally, absolutely and unconditionally, personally guanntee and become surety for Trustee's full performance of the Agreement, including without limitation the prompt and punctual payment of all amounts becoming due from Trustee to MEMO thereunder, and shall indemnify and hold MEMO harmless against any and all damage, loss expense (including attorney's fees) and/or liability sustained by it by reason of or related to Trustee's failure to perform the Agreement. The Agreement may be modified by MEMO and Trustee without notice to the undersigned and without affecting this Guaranty. MEMO may enforce this Guaranty against the undersigned in the Court of Common Please of Cumberland County, Pennsylvania (to which jurisdiction of said Comt the Undersigned consents), as well as in any other court and state having jurisdiction, whethet or not any action is ever taken by .MEMO against Trustee. The Undersigned hereby waive all notices whatsoever with respect to this Guaranty e.-xcept for notice of demand for payment from the Undersigned. The Undersigned hereby coasent to the taking of, or the failure to take, from time to time without notice to the Undersigned, my action of my nature whatsoever \%lith respect to the Agreement, including but not limited to any renewals, extensions, 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.'Ccept as provided herein. the Undersigned hereby waive all defenses whatsoever to the Undersigned's liability hereunder ,,"'Ccept 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 Cle:rk or any attorney of any court of record of Pennsylvania or elsewhere, to appear for md to confess judgment against the Undersigned for all amounts due herennder, 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 e..,,<ecution, all in: accordance with the Pennsylvania Rules of Civil Procedure. For such puIpose, 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 e.'tercised, 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 1\tfEMO to confess judgment hereunder, the Undersigned have waived the right to notice in a prior judicial proceeding to determine their rights and liabilities. This Guaranty is given in connection with and evidences the obligation of the Undersigned to make payment in connection with a commercial transaction. "This Guaranty is irrevocable and shall be binding and operative until such time as rvrE1vIO 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 lF 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 COUEer FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH AGREEMENT, ORANY OTHER CAUSE. MOl.\k:. IN H().MoW{ - Guarantor's Signatur_e J J /1//4- Print Spouse's Name Guarantor's Signature Print Guarantor's Name Home Address Home Adchess \ {i-;7(d City State Zip Code City State Zip Code Date Date *If not married. please indicate by affi.:cing UN / AJJ on line for second Guarantor's signature. No""mber7,2002 f'" f~, ... "" C ~. ~- :~,j ~ ....0 > , :' ... <:> ~ ~ ;:r. f> --\-- --- .~ ~ Sl- .14, .--, ;::::5 C' . ::> . 'i- ~ '" .....- ~ r' :::>" V'o