HomeMy WebLinkAbout06-4982
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Merchants Express
Money Order Company
PLAINTIFF
v.
Arturo Parra
Individually, jointly and severally,
DEFENDANT
and
Zorayda Baez
Individually, jointly and severally,
DEFENDANT
and
Blue Hill Market
Sole Proprietorship
DEFENDANT
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
,2006
No. CXa -~qP:1..
Go~L'-r~
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:
$ 5,000.00
$ 69.04
$ 3,098.25
$ 1,500.00
$ 9,667.29
~7#
Kevin . LUtkins, Esq.
Attorney for Defendants
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Merchants Express
Money Order Company
PLAINTIFF
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
v.
Arturo Parra
Individually, jointly and severally,
DEFENDANT
,2006
and
No. t::Jl_-l./qp.;L (!/(~~~"l
Zorayda Baez
Individually, jointly and severally,
DEFENDANT
and
Blue Hill Market
Sole Proprietorship
DEFENDANT
NOTICE
NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED
MA'ITER 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 Hil~ PA 17001-8863
(800) 543-8207
Merchants Express
Money Order Company
PLAINTIFF
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
v.
Arturo Parra
Individually, jointly and severally,
DEFENDANT
,2006
and
No. OL-l.Jqp~(!w:L 't-~
Zorayda Baez
Individually, jointly and severally,
DEFENDANT
and
Blue Hill Market
Sole Proprietorship
DEFENDANT
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
1. 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 Blue Hill Market (hereinafter "Blue Hill"), is a sole proprietorship doing
business at 766 Blue Hill Avenue, Dorchester, Massachusetts 02124.
3. Defendant Zorayda Baez (hereinafter "Baez"), is an individual residing at 5 1 Lawn
Avenue, Quincy, Massachusetts, 02169 and is the wife of Defendant Arturo Parra.
4. Defendant Arturo Parra (hereinafter "Parra"), is an individual residing at 5 1 Lawn
Avenue, Quincy, Massachusetts, 02169 and is the husband of Defendant Baez.
S. Defendants Baez and Parra are the owners and/or operators of Defendant Blue Hill
and entered into the Trust Agreement on behalf of said Defendant and themselves on or about
May 23,2006, A true and correct copy of the Trust Agreement under which Defendants Baez,
Parra, and Blue Hill are confessing judgment is attached hereto as Exhibit "A".
6. Defendants Baez and Parra, with the intent to induce MEMO to enter into a Trust
Agreement with Defendant Blue Hill, entered into the Personal Indemnity and Guaranty on or
about May 26, 2006. A true and correct copy of the Personal Indemnity and Guaranty under
which Defendants Baez and Parra are confessing judgment is attached hereto as Exhibit "B".
7. The forgoing judgment against Defendants Baez, Parra and Blue Hill, 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$9,667.29 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 June 9,
2006 until June 28,2006.
11. 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 June 26, 2006,
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 June 26, 2006 as required by the Trust Agreement and the
Remittance by Electronic Funds Transfer agreement dated May 23, 2006 (hereinafter "Rider").
A true and correct copy of the Rider is attached hereto as part of the Trust Agreement in Exhibit
"An,
14. The failure ofP1aintiff or its designated check-clearing baoking 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:
$ 5,000.00
$ 69.04
$ 3,098.25
$ 1,500.00
S 9,667.29
16. The Defendants' most recent estimated 10-week sales average equaled 12 money
orders causing Plaintiff Lost Fee Income of$3,098.25 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 $9,667.29, as authorized by the
Warrant appearing in the attached Trust Agreement, together with Lost Fee Income, interest
from the date of judgment and costs.
/~~
Kevin M. Utkins, Esq.
Attorney for Plaintiff
Attorney ID: 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 ofhislber knowledge, information,
and belief. The undersigned understands that the statements therein are made subject to the
penalties of 18 Pa. Cons. Stat. ~4904 relating to unsworn falsifications to authorities.
D J tJ ,U
DaVid W. Bush
Merchants Express
Money Order Company
PLAINTIFF
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
v.
Arturo Parra
Individually, jointly and severally,
DEFENDANT
,2006
and
No.
(jf4, -L./~ cC\J(( .t-<<-
Zorayda Baez
Individually, jointly and severally,
DEFENDANT
and
Blue Hill Market
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, WonnIeysburg, Pennsylvania, 17043 and that the
addresses of the Defendants are as follows:
Blue Hill Market
766 Blue Hill Ave.
Dorchester, MA 02124
Arturo Parra Zorayda Baez
51 Lawn Ave. 51 Lawn Ave.
QWooy, MA~ ,QWooy~ MA.". ./7
U ..Jk/ 1~
David W. Bush
SWORN to and subscribed
before me this l?> ,
day of ~ 2006.
~1 fL 1brrV}fL
No c
~TH OF PENNSYLVANIA
NcllIIt8ISeaI
JennI"8r R HaneIIn, Notary PUlIc
WormIL.-..a Bolo. Clmbertand Ccully
Myo......w., ExpnsJUy 12. 2008
Member. Pennsylvanl. ASSOCl8tlon Of Notaries
Merchants Express
Money Order Company
PLAINTIFF
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
v.
Arturo Parra
Individually, jointly and severally,
DEFENDANT
.2006
and
No. ()~ - ~'l Yi-
Zorayda Baez
Individually, jointly and severally,
DEFENDANT
and
Blue Hill Market
Sole Proprietorship
DEFENDANT
AFFIDAVIT OF NON-Mll.JTARY 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 0 . se within the provisions of the
Soldiers' and Sailors' Civil Relief Act of Congress 0 194 as amended.
David W. Bush
SWORN to and subscribed
before me this 2.8 .
day of ~ 2006.
~~, f tJttnd~
N he
COMMONWEALTH OF PENNSYLVANIA
NoIarIaI Seal
.IInr6lr R HamelIn, NotaIy Public
Wo..I~ / "ll Boro, Cunberland County
Myc.........., ElcpIresJUy 12. 2008
Member, Pennsylvania AssoeIatIor Of Notarfeil
EXHIBIT A
I
MERCHANTS EXPRESS MONEY ORDER COMPANY/MEMO MONEY ORDER COMPANY
MERCHANTS EXPRESS USA, INC/ MEMO MONEY ORDER COMPANY OF NY,INC.
PERSONAL MONEY ORDER TRUST AGREEMENf
'lllIS AGREEMENT;' nwJc betw"," MERCHAN'I, EXPRESS MONEY ORDER COMPANY. d/b/a MEMO. MEMO MONEY ORDER COMPANY. d/b/, MEMO, MERCHANfS
EXI'RES.~ USJ\ INC d/b/. MEMO, Penru<yh-anil C"'1",,,tion, '" MEMO MONEY ORDER COMP,INY OF NEW YORK. INC. d/b/. MEMO., New Yorl< Cotpomtion. or any sui>;id;a,y
d/b/a/ l\fEMO ('~ml\lO'? and the individual(s) and/or 1;,11titiCS Ul1tiflL-d below, hereafter refem.u to as Tru.~tec(:l).
In consideration of the nultual promises containl;,-d in this agrccrru.:nr and intending to be legally bound hereby, the parties agree as follows:
Agency. l\ffiMO appoints T~tee fa act as a l>l'Ccial agt:nt of l\IT.:<:l\IO at each of Trustcc's retaiJ cstlhlislunL-nts approved for the saIe ofl'TlOf'K.1 orders issued by MEMO. It is ~n:ssIy agreed that
t>.fiTh.IO and TnJStcc sh:all be independent contl."aCtOr'S and that the relationship between the Parties shaD. not oonstitute a partnership. pint venture or agency (other than as o:pteSlily desa:ibcd
herein). Neither t>.!EJ.\10 norTrustec:>hall have the authority to make any stltcments, repre:;(.l1tatioru> or commitments of any kind. or c.1ke any action. which shall be binding on the other, without
the prior consent afthe othL't Party. Trustee accepts \<ouch appointment in accon:lancc with the tcrrn8 and conditions specified in this Agreement and in the attached Rider herein incotpomttd and
made. part h=of.
Trust Rdationship. Tm'\U.'e shall receive and hold in tnJ$t for l\IEMO aU bbnk money ordenl delivered to TIUSteC by MEMO and all money received by Trustee from the saIe of money orders,
indudingwithoot limitation the money onkT fu.'S cst:Lblished by i\IEMO from time to time C'trust funds'). Trusta: shall hold the t:rullt funds separate and apart from other funds ofTNl>'tcc. The
failure of Trostec to hold tIUllt funt.h; ~:paratc and apart from any other funds of the Trustl'C shall, at the option of !\ffiMO, be a bn..-ach of ~ Agr<X.'lTlt:nt U1litIing MEMO to immcJia.tc
pc:Jllses...wn of any Ilccount or acoounts into which fund" n:ccivt:d for rnotlt.'}' order sales from COI1l>"UCl1L'fS have been m.'[loored and l>-uch other rernediol, including tennination of this Agreement, as
are provided for herein.
Money Order Fees. In consideration of the services n..'ru.kn:d to Trustee by MEMO, Trusta: shall pay MEMO a fee r'Money Otder Fees'') specified in the att3ched~. Monc.'}' Order Fees may be
modilial by MEMO" any time upon thUty (30) da)" prio, notice to T=
Materials Supp6cd by MEMO. For the sole J'U'I'O'" of scIIingmonc1' onkTo! pUMWnt to trus Agrear<n, MEMO will '"I'PlyT""lce with the followmg;
A An adequate IlUJ'PIy of sc."1'ia11y numbered blank tnOfl(;.)' onk.'rs.
B. An agency instalbtion kit containing the supplics and training man:rial required to implement and maintain a mont:y order agency.
c: A money order imprin~ of the quality neccs..-wy to imprint the.: mmey order dollar value firmly into the !TV)IlC)' order so a... to inhabit the altemtion of any itmL The money order dispen.'lCl'
shaD be progrommed by MEMO to indicate Trustt;e LD. numlx:r on imprinted money orders. Such money onk:r imprinters shaD at all times continue to be the sole prnpc..-"rty of MEMO
and shall not be rernm-w from dtc Trustc..-'C's retail (;Stab1ishmcnt where it was originally instilled by MEMO. Any other mooey order dispensers not owned by MEMO and used by TtUStCt:
to imprint IIlOlle)' orders must be approved by MEMO.
D, RoguIatory "",tingoI, Ogns. _ window de,,", and othc, promotianal rroteriaIs, all of wNch Trustee 'll"'" to dmpby" all tim<>.
Right to an Accounting. Notwithstanding any odu.."l' prmillion of this Agreement, MI'..MO shaD have the right, at all teaSonabIe times, with or withwt notice, to access T rusree"s premises and to inspect:
arn.1 pt:rfann an accounting of, or CllUSt: inl employu..'S or i\b't.'f1lli to inspc.:ct: and pcrfonn an accounting of, the cash receipts, Money Order foees, the accounting (sture) copies of tTlOIl(.'Y orders so1d
and the 'l'ru.~tec:'s inventory of unissued money on.IcnL A chaq,>c will be ll.'lSC:lSed against Trustee to recover eqx:nscs incurred by MEMO when gn audit is made due to Trusn:c's breach of this
All"""'-"'or;rtheaudtt~. breach, (See audit "",/pcnalty f",_).
Ru1cs and Regulations. T """lee sbaII ""'1'ly with the following nlks and regulationo;;
A. No 1TIlX1t.-y onict shall be issued or sold to anyone in payment of any obligation of Trustee or used in any manner for TmsR:e's own pwposes. except as allowed by MEMO.
B. Only cash sbaII be a=pled as payment fo< money onlen< ~ Of sold No check Of od>C< pape< ~ or dcpo6itcd by Tnmlce to or fo< MEMO sbaII """...tuU: . n:nin:Ina: to
MEMO until actually collected. MEMO to have the option in such can: as to whethe< to dq>osit any such pape< fo<coIIcaion.
C T"""" sbaII safcguatd all ~ money orders and the mDn<.1' om ~ with the b;ghest deg<ec of cue The can: exeniscd in regattI to money onlen< sbaII be " least as that
applicable to cash T""tee ,hall "-T''''' to MEMO the ..... numbe< of such money oNe< stolen or ~ and all othe< infotmaIion n:Iating to the event, in1mediatdy upon discove<y of
the fact, but in any c...'\'(.'nt not lat:er than t\Vt.llty-four (24) hours prior to the moot'Y ONerll being presented for payment to ?\rfEMO 110 lhat payment can be stopped on such mi~-ing or :ltolen
money onlen<. Such "--port sbaII be by tekl'hone and immediately confumed in wririnj; Trus"" sbaII be soIay responsible forall \csses aDsing from, and sbaII indemnify MEMO and hold
hannless regarding:l.llY and all stolen or ~1ng 1TXIDt.'Y orcIcrs as well as any money order ~rers issued to TrusIZ:e. Furtbermoo; TtUSb::e shan be responsible for n.pair or replacement of
any issued rmnc:y order dispensc.'fS stolen or damaged as Il result of misuse, negligence, abwle, fire or otherwise. Said responsibility and liability ofTruIt.C:t: shall not be limited by Trustee's
compliancr with the sokguanlins can; and tcpo<ting obligation.,." forth in trus _ph.
D. TtUStce shall at all times maintain Il sound 6nancia1 position and prm>ide amcnt financial information to MEMO as requested by MEMO. Trustl::e shan conduct opc:rarions so that the fi..mdt;
generated from the lWe of money orders will not be in jeopardy nor seem in the opinion of a reasonable person to be in jeopardy and shall cease the issuance of money otdc...'l'S and notify
MEMO in=,Jiatcly, shnuld such jcopanly ari.<e. Notification to MEMO sbaII be made P""'I'tly by telephone and immediately confumcd in wDIin& "Sound T'~ CondrtIDn" sbaII
"""" that there bas l=n no """"'" advc= change in the business, opemtiom, """,cion (firumciaI or othe<wise) ot proopects of the Trustee and that neithc<Trustee or any G"""""" bas
become D>soIvcnr, genenilly unable to pay its debts as they become due, involuntarily.-uspended ~ ofits business, made, genesal ~ fo< the bmefit of acddon;, ;",btuled.
procetding described in Paragn>ph 7B or ,,,,,,,,,led to any such oNe< for reIie~ _bon, finding or relief described then:in, _ a _ceding described in Paragmph 7B or coosentcd
to any such appointment Of to the lllIcing of"""""",,, by any such official or all Of any _ part of its property, whethe< or not any such procetding;, instituted, ot bas lllken any
aaion in furthemncc of any of the fo<-cgoing A lack of sound linanciaJ condition sbaII also include when Trustee &;Is to pay. on the date wlUch the same is due, any sum payable ~
or fails to pay illi crcc.iitonl gcneraUy or makes n..-prescntltiolu to MEl>.fO or to other atditors that it must delay any such payment under oonditions which, in the sole diNaetioo ofMF..MO, it
appears that TlUtt:C is no lont,>cr in a sound financial condition.
E. Trustee shall pwvide MEMO by facsimile transmittal or registered mail three (3) weeks adwnce notice of proposed change(s) in the ownership of either Trustee's business,
the ntanllgemcnt of Trustee's businc..'Ss, the sale of fifty~one percent (51%) or more of Trustee's assets, or the entty into or termination of business affiliated with Trustee.
Transaction... included within this paragraph 6(E) include transfer of stock of Trustee, sale of partnership, intereSnl, limited. liability cotnplltly or partnership's interest or any
similar transaction which effects a change in ownership or control of Trustee. No such transaction shall be approved untilllllY succesaor entity, if any, has entered into
appropriate documentation, including a tru."t agreement. No tra.rUlaction, discussed in this subparagraph, shall be effective without the prior written appw\~ of MEMO.
Any attempt by Trustee to effect such a transaction without MEMO approval shall be void, ab initio as to MEMO. If'frustce f1ils to give such notification, Trustee, all
well as its successor, shall remain liable for the paymc..'Ilt 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 p:lmgraph shall bind Trustee's successor or usignee to the terms and conditions of this Agreement.
F. At aU ofTNl>1ee'll retail t'l>1ablishment including those newly opened or ~ l'MiIXe shall seU only MEMO monc:y orders. 'frusta: must provide MEMO with at lease 00 days notice of
ib; intent to dose its cum:nt rettillocation and to reopen at anod1cr 1oauion.
G. 'l'Mitee 6haIl seD MEf.,,(O money orders only at1'rustl--c's ~pc...cifically approved places ofbu.'lincss or futurcp1aa: ofb.JsioellS as approved by MEMO. Trusn:e lihall not appoint and lor offer
the ll(."'r\icc:; at or to any entity not a party to this agrct.mcnt.
H. Trustee shaII. remain open during the course of normal busiru.:ss hours for the duration of this agn:em:nt Failure to do so shall constitute a breach of this agreement
I. No funds received by Trustee shall be.: subject: to attnchrrv:nt, k:vy of c.xt'Cution, or scquu.-uation by order of any court, occcpt for the benefit of MEMO.
J. TfUl>u:e ill prohibited from 1.lI'lllUthori1.ed use ofMEM(Ys name, ~>o, tmdc...omark ard/or scr\ice mark without MEMO's priorwritten consent
Tcnn of Ag=nenL 'n" term of trus Agreement sbaII run &". period of 1Wc (5) y=>l &om the date of m;, Ag=ment and sbaII...... ~ fa '""""""" five (5) r= periods. Afte< the
initial five-year term of t:i'm; Agreement, Trostee may terminate thi." Agrt.'mX.."llt upon n\: (6) months prior written notice to MEMO, and MEMO may terrrmate this Ag=ment upon si.~ (60) da}'ll
prior written notice to Trustee. In the event Trustee d0C;.'8 not provide proper termination notia; Trustee lIhaD. be responsible for lost fee income to MEMO for the duration of the contraCt in
effect I Ice income shall be caIculatt.'d using'l'NStcUl most n..'cx:nt 10-wcck lI'Jies avcmge. NotWithstanding the fon.ogoing. MEMO may terminate this Agreement at any time; or IlIlY location covt.'tUl
by this agtl"CtTlO1t, imrnuJiatcly and without notice, and! or c..lltcr judgm.llt acconling to the provisions ofParngrnph 11 hereof; upon the happening of any of the foIbving events:
A l>.U-:MO or inl designated chc...'Ck-clcaring 00nking ccntc.."l' doelI not n.-'Ccivc the accounting documentation or payment of trust funds (mduding nnney Older sales procet..ods aOO rmney order
fcal), within the time period and on the tt:nn; SJx.'ci6c..'t! in the Ridc.."l' to this Agreement
B. Trustee or any Guarantor commits any act of in.'lOO't.1lC)', or upon the filling by Trustee or any Guarantor of any petition under my bankruptcy, reorpUzation. insokmcy. or momtorium
law, or any law for the relief or, or relating to dcbrors; or the filling of any uwoluntu:y pc.o'tirien ag;:Un.'>t T rustce undt."l' any bankruptcy statute, or the appointment of a tceei\'et or tn.IStc..'e to take
pc:ls.'Usion ofthc property or assc..'ts ofTruslI.-'C; or the subjection of any 'l'lU!.tcc's property orl1.S!lC,.'tS to any lc1:y, sei:run; ll.~ or sale for or by any acditor or govemmenml :Jgl:ncy.
C. 'lhc: non-p(:rfcllmance by TruslXc of any obligations nf'l'ru."tc.:c pwsuant to this Agft.'cment
The happc..'ning of any of the foreb'Oing C''eI1n1 shall be a defuu\t 1.1mb this Agn.'c...ment'i1Ild, \\ithout any notice from MEMO, constitute a default under any and aD agn.'emc..'Otll ofTru."tcc and/or
'l'rusa'C's guarantor(s) with any other rclatt.'u cornpany. In the t.'\"Cflt r-.U~J\[O tcrmina~ this agn.'c...'lTlc..1lt due to a dcfnu\t, TnJStee shall be responsible for lost fee income to MI':MO for the durntion
of the contmct in effcct
Tennination, Upon the ~'Pirnt:ion or tcnnination of this Agm:mmt, 'l'NStL'C immediately shall dcli\u to MEMO all cash receipts &an the sale of ffioney orders. money on.lct fees due MEi:vlO,
accounting (store) copies of mom:y 01\k:1'8 issucd, the money onk.-'l' imprint:erMd an)' and aU 1llLta'iahl ordocurnentN ptO\idedto 1'n1srec by MEMO pursuant to this Agreement, including. but not
limited to, all blank moOt:y onk.'l' forms. AU obligation, COVcrlarltll, liabilitK-s, and indemnitic:s of TrUstee hereunder shall 8UliIi\'t: the expirntion or tennination of thi.~ A.gnx.'fTlL'J1t . ^ tt:nnination
notice provided by MEf\IO fot any tcllSOf1 other than the ~-pi.ration of this Agreement shall be effective as of rhc happening of any such C\'U1l: causing tmnination under paragraph 7 hcn:of or
upon the entry of conn:ssed judgment. whidu.'\'t:r first 0CClltll.
A. In itlll101e discretion and not with...tanding any other prm;!!iun of the agreement to the conb'aly, MEMO may immcdiatdy terminate this location ot any Ioauion covered by this agreement in
the C\'t.'flt MEMO dctennines that compliance with this agn:ement would c:au..o;c MEMO or any ofits nfliliates to violate otpotentially violate any Ioca1, stan: or fedemllaw or regulation ot any court
onkt.
9. Confession ofJudgmcnt Trustee hereby irrevocably authorizes and empowers any attorney or the Prothonotary orClelk of!UIY court of record, upon or after the occurrmce of any
event dacribcd in paraamph 7, to appear for and to confess or enter judgment against Trustee for the face amount of aD money orders sold. punuant to this Agreement, the
applicable Money Order Fees, acaucd intereet thereon, interest expense not to exceed eighteen percent (18'/.), and for any oc:her lUIlUl due MEMO under thiI Agreement,
together with expenses and cost of suit and reasonable attomey'a fees and laid fees not to exceed 1hirfy percent (.30'/.) of said amount and IUIIIS, for collection as provided herein
including aD legal fees incurred in any Bankruptcy of Trustee. For such purpose, this Agreement or a copy hcmJfverified by afIidavit by Trustee or on behalf of Trustee by said
attorney, Prothonotary or Cledc, shaD be su1lic:ient warrant. The remedies of MEMO as provided herein and the WIU'1'lUU8 obtained ~in shall be enforced in accordance with the
tcmlI of this Agreement and may be puraued singly, successively, or together at the sole discretion of MEMO md as often as occasion tbereWre shall occur. The iiUlure to
exercise any .uch right or remedy shan in no event be construed as a waiver or release thereof. The authority and power 10 appear for and. confcu 01' enter judgment against
Trustee shaD not be exhausted by the initial exercile thereof, and the same may be exercised, fiom time to time, as often II MEMO thallclean necessary and desilable, and this
Agreement or a copy heRof shaD be a sufficient Wanant therefore. One or more judgments may be o:mfaeed or entered. in the lame or difI'erent counties for aD or part: of the
sums described in this paragraph. In the event any judgment entered against Trustee hereunder is atrickeP or opened upon application by or on TruI1ee'. behalf'for any reason
whatsoever, then any anomey or the Prothonotary or Clerk of any oourt of recoro ia hereby authorized and ...........""c.oo to again appear for and. oonla8 or enter judgment against
Trustee:; subject, however, to the limitation that such subsequent entry or confession of judgment may only be done to cure any CIIOiI in prior pr~.s, and only and to the
extent that such crronl are subject to wre in the late proceedings.
Liability, Trostcc, regardk..-..s of T1\btecs freedocn from ~>cncc or other fault, shall be absolutely liable:
A. To make remittance to r-..fEMO of the fuce amount of uIl money onk.-rs sokl, the applicabJc Monq Grot:r FCCll, and aU other t1'lOrliell due MEMO under this Agrt:ernL....t, n.'glll'dk.."iS of the
mystt.Tioos or non-my~lX.'l'i0U8 disappeat:mcc or 1088 of any funds from 't'rutll:ee'S poo;ession by reason of the honc:st ot dishotat act of any pen;on. IlCt of God, or otherwise.
B. To remit to ~MO the totnl amount of a118Um:l of mone..y that may be o:pended by ot for MEMO in paying any rnonL')' orders delivered by MEMO to Trustee that are substx:jumtly
prc....~ for payrn:nt, whether or not MEMO is legally liable to pay the same. This ~-ul:paragt2ph shan not apply to any money otder as to which TNStee shall have fuRy p<:rfotmed
TNStf:e'S duties under this Agreernt."fl.t
1DdcmnJty. TNStee shill mdcmnil"y, defend and hokll>umlo<s MI iMO from and ogoinst ""y and,]l kxoic<, damoges, Eabilities, daims, """-...... proceedinsl, judgment<, """""",...lines. penaItiol,
costs, intato~ and ~'J'Cl1'" (mcWng but no< IirniIX>lID, ..~'" COOlt and ~ legal and aceounIing li.-cs) susminod by MEMO resuIIing from or Wing out of ""y act or ,>rroio<sion", act.
whether honest, di......oncst, neg\igt.'J1t or otherwi~ by '!'rustcc or 'fn.JStcc's employeol, agents, IlllIKlCiatell or ~ (whethctwithin orwithout their tiC<.'pC of pcrfotmancc).
Security, 1\$ further consideration of appoinancm by MEMO as its agent, and in onkr to protect MEMO's property from convtl'llion, Trusmc ~ gmntlI to MEMO a oontinuing security intf.re;t in
Trustee's bank accoont, inventol)' accounts ro:ci,-ablc, assignment oflt.'Il.'lC, and tixtutc8 at uIl'I'NStt:e Ioc:ation.'l. 'l'rusttc agn:es lD.f,..~ an documt:nt& nc=lllal)' to create oc pttfca mch lK.'CUtity
"- UlcIuding but not IirniJx:d ID, recorded Uniform Commcn;;aI Code-rmancial sou.men, (UCC1(.)) 6Jtings. FUEll1cun=, MEMO """"'" the Iigbt '" n:quUe adddionoI colIaremI, " rt
demIl necesslUJ' lOr ongcing opptm'lli ""d lOr the dumtion of the Agrean:nt. In the event T..."" c:hm1p <>IVtlO1"lh;p in T........ -.... in ""y _ 0miIar '" tho<c set forth in
I""'ll"!'h 6(E) hereof, wrthout prior notice and "I'J"O"'I by MEMO ~,set forth thereU1, Ttu._ hereby _IS a se<urity _ in the proa:cds of any Ja>Ch <ransacrion until such Orne" ""
apprm.w t:nJ8t account is re-cstablished
Notices, Except as otherwise stated, all notices, correspondence, and communications under this Agreement shall be in writing and addressed as follows:
MEMO
P.o.llox 81163
Camp I.lill, PA 1700]-8ll63
Choice of Law. This agn.'t..'rnent shall be coru;trocd under and in accordance with the laws of the Commonwealth ofPennsyIwnia, disregaaJing any rules relating to the choice or conflict of laws.
1be parties consent to venue and personal jurisdiction in Cumberland County, Pennsylvania, or, in the case of MT..;MCYs cxt:tciIe of righm uOOcr 'Pangmph 11 hereof, in Qf1)' ocher court of record
in Pennsylvania or ~vhere.
Complionc:e widt law. Ttu."'" shall abide by (and ",we ill officcts. priocipals and aq>Ioy"," '" a);de by) ,]I fed=I, "'"' and 1o?1i laws and regulations applialb1e '" 1....... bu....... and ""ices
prmidW. 'They an: '" mclu<k but ate not IirniJx:d "', (a) Sau. 11c=ing loW'; (b) the Bonk Secrecy Att and ill <<gUIotions; (c) fledcmI_ o:porting ~ and "'lJl!ations; (d) Stall: Cum.ncy
"porting ""IuUuneno; (e) FedcmI and/Ot St:u.""ti-moncy laundering Ia"" and all tuIes and reguIationol; (~ ,]I appliclble "'"' money....fer or oaIe of check laws and reguhuion; (W,]I fedenI and
._ptiVllcy ia"" and <<gUIotions; (IV the USA I'11triot Ad
Non-Waiver, 1he 6Ww:e OfMF..MO to enfora: any provunon of chis t\grccmmt orits fuilure to dt:dare a defuuh: under this Agreement &hall not constitute a waiver or any breach Of of any
pro..... ofm;, Agreement and.hill not prejooU:c the Iigbt and/or pow" of MEMO '" proceed.. fully as ttrt had not failed '" enforco any ptmisKm ofthil Agreement
Enforcement. In the evt.'J1t of default under the l.'el'm8 of this Agreement, TNlltt:e agrees that MEMO shall, in addition to all rights it might ha\>e under the law, have the right of seeking specified
performance in the court of equity. p\.ll"t:h(.'ltTlOl'C, TlWtec agree> to con.'\eJ1t to the jurisdiction of a court of equity regarding the en.fol:cemt:nt of this Agrec::m:nt: and/or the cnfotct.ment of
I\.!EM0(1l) rights in the event of any default by Trustees.
Coot oflloforcemenL T..."" shall pay, on dr.mand by MEMO. all COOl" and "'1""'" mdudmg ~ a"""",y" fees incuned by MEMO in oonnection wrth the enfrxeement of thiI Agreement
19. Cons_.. All <cl=nccs m "" Agree"",n'in the >IinguIar shall be ~ to mdude the plum! where applicIbIe and the """"" sholl mdude all other ga>denl. All eovcnantS,
'Il""'"""" and obUglniorn< in "" Ag=m<nt ~ by.l....... shall be, and .haII be dr.."".,j '" be, jomr and several cmvcnanlS. Headings of the ~ of "" Ag=""'" ate for
convenience only and do not limit,.~ or ~WIc ,construe the pl"OV'isions or contents of this Agreement
~. Entin: Ag=neoL Ths Agreement. togethl., with all atmchmcn" and riden<, _ se<urity doeun-<nIs and such rules and regulations as may be ~ by MEMO for the ""''''"''' Df
tT'IOl1L')' otdets from time to time, shall COt'l5titute the entire agreement betwf.'eI1 the partiell hereto. There are not other agreements or understarxJings writn:n or oral, Ix.'twct'fl the parties with
n:speet '" the subject """"" of m;, Agreement 111ere shall be no rnodifiauions, amendments, or aItemtions to tIis Agreement un!eoI agreed '" m wrion& Ogrm by ,]I pan;e.. Thi., Agxeement
shall bind and inure '" the benefit of the pan;e.. thcit ""J'CCIive heir.<, """"""" .".......ti\... and proper...,;go.. MEMO and T..... undetsmnd that" ~ oe1efa:< Signature ~ "Vlilid
"theotiginal
21. Time of the Essence. Tim." is of the e..-.;encc in this t\grl'l.m(.:nt aru..I the Rider.
WARNING _ BY SIGNING TInS PAPER, YOU GIVE UP YOUR RIGID TO NOTICE AND COURT TRIAL IF YOU 00 Nor PAY ON TIME, A COURT
JUDGMENT MAY BE TAKEN AGAINST YOU WlTIlOur YOUR PRIOR KNOWLEDGE, AND THE POWER OF A COURT CAN BE USED TO COUEcrFROM
YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER POR \UlTURNl!D GOODS, FAULTY GOODS, FAILURE ON IDS
PART TO COMPLYWlTIl AGREEMENT, OR ANY OTHER CAUSE.
Date 5/2312006
MERCI'wrn; EXPRfI.SS MONhY ORDER COMPANY I
MEMO MONEY ORDER COMPANY/
MERCI-~\NTS EXPRESS Us" INC.
MEMO MONEY ORDER CO~fl'ANY OF NY. INC.
Aldc-P~
IFTOMEMo,
IF TO "ffiUSTEE,
See~ Rider
Title
S;gnatut<
1itle
OWner
Ttu.,,,, s;gnarun:(IndMdual)
By
,
T..... S;gmrun:(IndMduaI) .
Octobcrl3.2Ul5
'l'tustceSignatun:(Indi\'iduaI}
'l'lUStcl..'Signarun.{fndi\ilua1)
MERCHANTS EXPRESS MONEY ORDER COMPANY
MEMO MONEY ORDER COMPANY
MERCHANTS EXPRESS USA, INC.
MEMO MONEY ORDER COMPANY OF NY, INC.
PERSONAL MONEY ORDER TRUST AGREEMENT
REMITTANCE BY ELECTRONIC FUNDS TRANSFER
This Rider is an integral part of the Personal Money Order Trust Agreement being executed by the parties simultaneously herewith.
~-\ny 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
Blue Hill Market
Street Address 766 Blue Hill Avenue
&f-rchester, MA 02124 State MA Zip Code 02124
Telephone Number (617) 265 - 5522 Fax Number
Agent Number
Legal Entity: Q
MONEY ORDER FEES:
Corporation
Q
LLC
Q Partnership
Q Sole Proprietorship
Money Order fees shall be based ullon the average weekly volume of 86 Money Orders sold by Trustee. Trustee's
Money Order fee shall be $ u.450 per item at a maximum retail selling price of $ 0.79. . Additionally, a
money order dispenser fee of $ N1A per week/month shall apply plus applicable taxes. Weekly money order dispenser fees
shall be included with Trustee's last (if applicable) regular weekly ACH draft. Monthly money order dispenser fees shall be included on
the next regular weekly ACH draft following the last calendar day of a particular month.
The minimum monthly revenue generated by Trustee's account must equal $ N/A per month. The difference between
the minimum monthly revenue and a combination of per item money order fees/money order dispenser fees will be calculated
monthly, reported via debit transmittal notice approximately three weeks following the close of a calendar month, and will be drafted
one week thereafter as part of Trustee's regular ACH draft.
Money Order fees may be modified by MERCHANTS EXPRESS MONEY ORDER COMPANY, d/b/a MEMO, or MEMO
MONEY ORDER COMPANY, d/b/a MEMO, MERCHANTS EXPRESS USA, INC. d/b/a MEMO, Pennsylvania Corporations, or
MEMO MONEY ORDER COMPANY OF NEW YORK, INC., d/b/a/ MEMO, a New York Corporation ("MEMO") at any time
upon thirty (30) days notice to Trustee or when MEMO's ten week sales analysis indicates per item weekly volume not consistent with
MEMO's fee rate schedule.
PROCEDURE FOR SALE OF MONEY ORDERS:
Tll1stee shall sell money orders strictly pursuant to the following procedures:
A, Trustee shall sell only MEl\fO 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 ~MO
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 shall not exceed the sum of $
$500.00
D. Trustee shall not issue a money order until such time as Trustee has imprinted the applicable amount on the face of the money
order, utilizing only the imprinter approved by MEMO and no other imprinter; collected from the purchaser the face amount of
the money order and an additional amount determined by Trustee's retail fee; and removed and retained the accounting (store)
copy of the money order,
E. If the money order imprinter is not in proper operating condition or properly inked, Trustee shall immediately report such fact to
lVlEMO's Help Line at 1-800-864-5246.
F. :vIEMO may deliver blank money orders to Trustee, or to any agent, employee or representative of Trustee, by whatever means
J\IEMO deems appropriate, and ME~IO is authorized to receive and issue a receipt for blank money orders on behalf of Trustee.
TERMINATION:
Upon termination, cancellation, or breach of the Trust Agreement by Trustee, Trustee hereby agrees to one day's written demand
notice by MEMO to forthwith return by next day US mail or common mail carrier all Trust instruments in its possession, includin~ but
not limited to money order imprinting machines, all blank money order forms, the filce 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 l\fEMO 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 Swnmary 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 ENDING DAY REPORTING DAY ACH/WlItE
Monday Wednesday Thursday FI;kIav
Thursday Sunday Monday Tuesday
Trustee will be provided all pertinent reporting information on the weekly money order Sales Swnmary Report. As per predetermined
schedules, MEMO will initiate an electronic transfer of funds due MEMO, including the face value of money orders sold, plus
applicable fees due MEMO, from Trustee's bank account to MEMO's bank accounL If Truatee's method of remittance is via wire,
Trustee will initiate a wire transfer of applicable money order sales proceeds plus applicable money order fees fro", 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 artang<'ment 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 FOil 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 ordes: to the MEMO office and MEMO will
issue a refund to Trustee in the form of. replacement money order. Trustee shall ensure that the electronic money order dispeaser is
available for MEMO to electronically transmit polling data on a daily basis. If the electronic money order dispenset 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 Monday and Thursday of each week, MEMO will calculate a weekly money order
sales total from daily data obtained from Trustee via electronic polling transmission of the money order dispenser. MEMO will
forward the weekly Money Order Sales Swnmuy Report to Trustee as stated above. Trustee sha1I reconcile the weekly Money Order
Sales Summary Report with its records and inform MEMO of any differences. Trustee must re!ain the accounting (!tore) copies at its
location for a period of three months from the reporting period. Trustee shall forwud 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 (storc) copies at.its own discretion.
corpor2te2 NLB:ue Hill Market
Signature ")
MERCHANTS EXPRESS MONEY ORDER CO.
MEMO MONEY ORDER COMPANY.
MERCHANTS EXPRESS USA, INC.
MERCHANTS EXPRESS MONEY ORDER COMPANY OF NY
Al.d.o-Pa<<iU.o-
Signature
TRUSTEE
Title Marketing Coordinator
Title
Owner
Date
5/23/2006
Date #j- -c?-4,'-O 4?
ELEcrRONIC: August 26, 2004
.
EXHIBIT B
MEROiANTS EXPRESS MONEY ORDER COMPANY. MEMO MONEY ORDER COMPANY
MERCHANTS EXPRESS USA, INC - MEMO MONEY ORDER COMPANY OF NY, INC
PERSONAL INDEMNITY AND GUARANTY
Intending to be legally bound hereby, and in order to induce MERCHANTS EXPRESS MONEY ORDER COMPANY, d/b/a! MEMO,
MEMO MONEY ORDER COMPANY, d/b/a! MEMO MERCHANTS EXPRESS USA, INC d/b/a MEMO, Penns~vania
Corporations, or MEMO MONEY ORDER COMPANY OF NEW YORK, INC, a New York Corporation, or any subsidiary d/b/a!
MEMO ("MEMO") 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 Blue Hill Market
Street Address 766 Blue Hill Avenue
G~orchester, MA 0212-
State MA zip Code 02124
and in consideration of its so doing, the Undersigned, joindy and severally, absolutely and unconditionally, personally guarantee and
become surety for Trustee's full performance of the Agreement, including without limitation the prompt and punctual payment of all
amounts becoming due from Trustee to MEMO thereunder, and shall indemnify and hold MEMO hannless against any and all damage,
loss expense (including attomey'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 Coun of Common Please of Cumberland County, Pennsylvania (to which
jurisdiction of said Coun the Undersigned consents), as wcll as in any other coun and state having jurisdiction, whether or not any action is
ever taken by MEMO against Trustee.
The Undersigned hereby waive all notices whatsoever with respect to this Guaranty except for notice of demand for payment from the
Undersigned. The Undersigned hereby consent to the taking of, or the failure to take, from time to time without notice to the
Undersigned, any action of any nature whatsoever with respect to the Agreement, including but not limited to any renewals, extensions,
modifications, postponements, compromises, indulgences, waivers, sWTenders exchanges, releases, and failure to pursue or preserve rights
against any person, and the Undersigned shall remain fully liable hereon notwithstanding any of the foregoing. Except as provided herein,
the Undersigned hereby waive all defenses whatsoever to the Undersigned's liability hereunder except the defenses of (1) payment, and (2)
lack of notice as required in the Agreement.
Upon default hereunder, the Undersigned hereby authorizes and empowers irrevocably the Prothonotary or any Oerk or any attorney of
any coun of record of Penns~vania or elsewhere to appear for and to confess judgment against the Undersigned for all amounts due
hereunder, plus all costs of suit, legat 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 PetlIlS}ivania Rules of ava 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, Oerk or attorney, shall be sufficient warrant. The authority and power to appear for and to confess or enter judgment
against the Undersigned shall not be exhausted by the initial exercise thereof; the same may be exercised, from time to time, as often as
MEMO shall deem necessary and desirable, and this Guaranty shall be a sufficient warrant therefor. The Undersigned acknowledge that by
authorizing MEMO to confess judgment hereunder, the Undersigned have waived the right to notice in a prior judicial proceeding to
determine their rights and liabilities.
This Guaranty is given in connection with and evidences the ob1igation of the Undersigned to make payment in connection with a
conunercial transaction. This Guaranty is irrevocable and shall be binding and operative until such time as MEMO shall have been paid all
sums owed to it under the Agreement and that may arise pursuant to this Guaranty. This Guaranty shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania, disregarding any rules relating to the choice or conflict of laws.
WARNING-BYSIGNINGTInSPAPER, YOU GIVE UP YOURRIGHf TO NOfICE AND COURT TRIAL. IFYOUOONOT
PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOut YOUR PRIOR KNOWLEDGE, AND
TIlE POWER OF A COURT CAN BE USED TO COLLECf FROM YOU REGARDLESS OF ANY a.AIMS YOU MAY HAVE
AGAINST TIlE CREDITOR, WHETIlER FOR RETURNED GOODS, FAULTY GOODS, FAll.URE ON IDS PART TO
~L ~EMENT,ORANYOfHERCAUSE.
_- 'Atnf)V1d 6~
G M_;:, cJ;,..~
P~t~N.:#-t> ~;!Jl~!. 6A€ z.
~I Lt:j-vJA} A.ue, 5) AAWI--J AJQ.
Home Address Home Address
ii".1.vCl "'4 O,J/f,.'! ~\)~~~ \V\" Cll-l ~l
Gty q _ .J-4i _ 0 Y State Zip Code Gty e::=: \ ~c:; :\J ~ State Zip Code
Date Date
"If not married, please indicate by affixing "N/ A" on line for second Guarantor's signature.
Novanbu7,2002
MERCHANTS EXPRESS MONEY ORDER COMPANY. MEMO MONEY OlIDER COMPANY
MERCHANTS EXPRESS USA, INC. - MEMO MONEY ORDRR c.aMP'ANY OF NY, INC.
PERSONAL INDEMNITY AND GUARANTY.
Intending to be legally bound hereby, and in order to induce MERCHANI'S EXPRESS MONEY ORDER COMPANY, d/b/a! MEMO,
MEMO MONEY ORDER COMPANY, d/b/a! MEMO MERCHANI'S EXPRESS USA, INC d/b/a MEMO, Pennsylvania
Corporations, or MEMO MONEY ORDER COMPANY OF NEW YORK, INC, a New Yorlt Cotporation, or any subsidiary d/b/a!
MEMO ("MEMO") 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 Blue Hill Market
Street.Address 766 Blue Hill Avenue ~, MA 0212' State MA Zip Code 02124
and in consideration of its so doing, the Undersigned, joindy and severally, absolutely and \II1COnditionally, personally guarantee and
become surety for TRlStee's full performance of the Agreement, including without IillIitation the prompt and punctual payment at all
amounts becoming due from Trustee to MEMO thereunder, and shall indemnify and bold MEMO bannless againIt any and all damage,
loss expense (including anorney's fees) and! or liability sustained by it by reason of or related to Trustee's failure to petfotm cbe 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 undezsigned in the Court of Common P~ of Ounberland County, Pennsylvania (to which
jurisdiction of said Court the Undersigned cOllSents), as well as in any other court and state having jurisdiction, whether or not any acac... is
ever taken by MEMO ag2inst Trustee.
The Undersigned hereby waive all notices whatsoever with I'ltSpeet to this Guaranty except for notice of demand for P"J'IIIllIIl from the
Undersigned. The Undersigned hereby consent to the taking of, or the failure to take, from time to time without notice to cbe
Undersigned, any action of any natUre whatsoever with reopect to the Agreement, including but not limited to any renewals, -~qS,
modiflClltions, postpOnements, compromises, indulgeoces, waivers, surrenders _banpa, releases, and failurero pursue or preserve rights
against any penon, and the Undersigned shall remain.fulIr liable hereon noMlo....nA;.,g any of the foregoing. E>a:ept as proWded herein,
the Undersigned hereby waive all defetlleS whatsoever to the Undersigned's 1iabiIity hereunder exx:ept 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 Prothonowy or any Clak or any anorney of
any court of record of Pe~ 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 attonIe!}"s fees, releasing eno.... Wliviag stay of
execution, and authorizing the immediate issue of a writ of =cution, all in accordance with the Pennsylvania RuIa of ava Proccdute.
For such purpose, this Guaranty or a copy hereof verified by affidavit by the Undersigned or on behalf of the Undersigned by said
Prothonotary, Oerk or anorney; shall be suffteient warrant. The authority and power to appear for and to confess or enter.judpent
against the Undersigned shall not be exhausted by the initial exercise thereof; the same may be ex=ised, from time to time, as often as
MEMO shall deem necessary and desirable, and this Guaranty shall be a sufficient warrant therefor. The Undersigned acImowIedge that by
authorizing MEMO to confess judgment hereunder, the Undersigned have Wlived the right to notice in a prior judicial. ~ to
determine their rights and liabilities.
This Guaranty is given in connection with and evidences the obliprion of the Undersigned to maJg, payment in connection with a
commercial transaetion. This Guaranty is irrevocable and shall be binding and operative umiI such time as MEMO shall have been paid all
sums 0-.-\ to it under the Agreement and that may arise pursuant to this Guumty. This Guaranty shall be govemed by and construed in
accordance with the Ia.... of the Commonwellth of Pe~ dimprding any roles reIatiag to cbe choice or conflict of Ia.....
WARNING-BYSIGNINGnDSPAPER, YOU GIVE UPYO\JB..!UGHfTONOrlCE ANDCOUllTTRIAL. IFYOUOONOf
PAY ON TIME, A CXXJRT JUIllGMENT MAY BE TAImN AGA1NSl' YOU WlTHOUf WJUU'IlIOR. ~~ AND
1HE POUR OF A COURT CAN BE UiEDTO (X)T I HCf FR.a.I YOU REGARDLESS!OF'ANY~ 1 YiWI!lAVE
.AGAINST 1HE CREDITOR, WHETHER FOR RETIlIUlIED GOOIlS, FAlltTY 0Cl0El8, FAIL~ ~ TO
~L AGREEMENT,OR.ANYOfHERCAUSE. 16 ;:9.r" c;: n ~
- I d " , Co) -orn
f) .- N :Of.:;:'
~ U' C) () -
G r's Signature :.1::ri
_ / -/J t2.AnZ- ~ 'to
l:::.~(/f!.-O (~;!..C..I> u "C. ~ tr
Print Guarantor's Name Print Spouse s Name 3. (J"l
~ I Ltfw IJ b. u e... "5) AA w f..J 'A JQ. -J '-<
Home Address Home Address
fh,iJet 1#.4- Od/<l>'t ~\~~
Gty '" _ .J.~ _ V Cf State Zip Code Gty . \ 'Z--t":) :\) Y
D~ D~
M ~ \JL--l ~1
Zip Code
State
*If not married, please indicate by affixing "N/ A" on line for second Guumtor's signature. "'_7,2002