Preview
FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
-------------------------------------------------------------------------X
CFG MERCHANT SOLUTIONS, LLC INDEX NO.:
DATE PURCHASED:
Plaintiff
-against- SUMMONS
MCFARLAND AND HARRELL TRANSPORTS LLC
DBA MCFARLAND AND HARRELL TRANSPORTS and
DEMARIO MCFARLAND
Defendants.
-------------------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney,
at the address stated below, an answer to the attached complaint. If this summons was
personally delivered upon you in the State of New York, the answer must be served within
twenty days after such service of the summons, excluding the date of service. If the summons
was not personally delivered to you within the State of New York, the answer must be served
within thirty days after service of the summons is complete as provided by law.
If you do not serve an answer to the attached complaint within the applicable time
limitation stated above, a judgment may be entered against you, by default, for the relief
demanded in the complaint, without further notice to you.
The basis for venue is pursuant to the Contract entered into between the parties.
Dated: Hewlett, New York
April 16, 2024
By:
J A. Gang,
e Law Office of Jason Gang
1245 Hewlett Plaza, #478
Hewlett, NY 11557
(646) 389-5610
Attorneys for Plaintiff
Defendants to be served: Our File No. INV63006
McFarland and Harrell Transports LLC DBA McFarland and Harrell Transports,
13406 Lake Chesdin Rd, Houston, TX 77044
Demario McFarland,
13406 Lake Chesdin Rd, Houston, TX 77044
1 of 9
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
_________________________________________________________________________x
CFG MERCHANT SOLUTIONS, LLC INDEX NO.:
Plaintiff
VERIFIED COMPLAINT
-against-
MCFARLAND AND HARRELL TRANSPORTS LLC
DBA MCFARLAND AND HARRELL TRANSPORTS and
DEMARIO MCFARLAND
Defendants.
_________________________________________________________________________x
Plaintiff CFG Merchant Solutions, LLC ("Plaintiff), by its attorney, Jason A. Gang
Esq., for its complaint herein against McFarland and Harrell Transports LLC DBA
McFarland and Harrell Transports ("Merchant") and Demario McFarland ("Guarantor")
(Merchant and Guarantor collectively "Defendants"), alleges as follows:
The Parties
1. At all relevant times, Plaintiff was and is a foreign Limited Liability
Company duly registered in the State ofNew York.
2. Upon information and belief, at all relevant times, Merchant was and is a
company organized and existing under the laws of the State of Texas.
3. Upon information and belief, at all relevant times, Guarantor was and is an
individual residing in the State of Texas.
2 of 9
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Jurisdiction and Venue
4. This Court has jurisdiction over the Defendants pursuant to CPLR § 301 based
upon a consent to jurisdiction provision(s) in the Agreement between the parties.
The Facts
5. On or about November 28, 2023, Plaintiff and Defendants entered into a
Purchase Agreement (the "Agreement") whereby Plaintiff agreed to purchase 10.86% (the
"Purchased Percentage") of the Merchant's future accounts receivable up to the sum of
$19,980.00 (the "Amount Sold") in exchange for an upfront purchase price of $13,500.00
(the "Purchase Price").
6. Pursuant to the Agreement, Merchant agreed to have one bank account
approved by Plaintiff (the "Bank Account") into which all of its receivables would be
deposited.
7. The Amount Sold of receivables was to be remitted to Plaintiff pursuant to
daily ACH withdrawals from the Bank Account in the amount of $181.00 each business day,
which amount was a good faith approximation of the Purchased Percentage.
8. If the Merchant's financial performance fluctuated during the term of the
Agreement, the Merchant was entitled to a retroactive reconciliation and/or prospective
adjustment of the estimated daily/weekly remittance if it followed the procedures set forth in
the Agreement for requesting the reconciliation and/or adjustment.
9. Pursuant to a guaranty agreement (the "Guaranty") executed
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contemporaneously with the Agreement, the Guarantor guaranteed the performance of the
Merchant's obligations to Plaintiff pursuant to the Agreement.
10. Plaintiff remitted the purchase price for the future receivables, less applicable
and disclosed upfront fees, to Merchant pursuant the terms of the Agreement.
11. Critical to facilitating this transaction, the Agreement contains Merchant's
express covenant not to revoke its ACH authorization to Plaintiff or otherwise take any
measure to interfere with Plaintiff's ability to collect the Future Receivables.
12. Merchant stopped making its payments to Plaintiff and otherwise breached the
Agreement by intentionally impeding and preventing Plaintiff from making the agreed upon
ACH withdrawals from the Bank Account while conducting regular business operations.
13. Merchant remitted $7,259.00 of the receivables purchased by Plaintiff leaving
an outstanding balance of the Amount Sold of $12,721.00. In addition, pursuant to the
Agreement, Merchant incurred four (4) NSF Fees at $35.00 each for a total of $140.00, a
UCC Fee in the amount of $195.00, a Blocked Account Fee in the amount of $2,500.00, and
a Default Fee in the amount of $2,500.00 [calculated as five percent (5%) of the undelivered
portion of the Amount Sold, or Two Thousand Five Hundred Dollars ($2,500.00), whichever
is greater], per Appendix A of the Agreement.
14. Contrary to Merchant's express covenant set forth above, Merchant materially
breached the terms of the Agreement on January 31, 2024, by changing the designated bank
account without Plaintiff's authorization, by placing a stop payment on Plaintiff's debits to
the account or by otherwise taking measures to interfere with Plaintiff's ability to collect the
4 of 9
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Future Receivables.
15. Despite due demand, Merchant has failed to pay the amounts due and owing
by Merchant to Plaintiff under the Agreement.
16. Additionally, Guarantor breached the provisions of the Guaranty by failing to
perform Merchant's obligations to Plaintiff under the Agreement when Merchant failed to do
so.
17. Based upon the foregoing, Defendants are liable to Plaintiff on the Agreement
in the amount of $18,056.00 plus interest, costs, disbursements and attorney's fees.
AS AND FOR THE FIRST CAUSE OF ACTION
(Breach of Contract)
18. Plaintiff repeats and realleges each and every allegation contained in
paragraphs 1 through 17 of this complaint as though fully set forth at length herein.
19. Plaintiff performed its obligations to Merchant under the Agreement by
advancing the agreed upon purchase price, less applicable and disclosed upfront fees, for the
Amount Sold of the Merchant's receivables.
20. Upon information and belief, Merchant is still conducting regular business
operations and still collecting receivables.
21. Merchant has materially breached the Agreement by failing to make the
specified payment amount to Plaintiff as required under the Agreement and otherwise
intentionally impeding and preventing Plaintiff from receiving the proceeds of the receivables
purchased by them.
5 of 9
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22. Upon information and belief, Merchant has also materially breached the
Agreement by using more than one depositing bank (account which has not been approved
by Plaintiff.
23. By reason of the foregoing, Plaintiff has suffered damages in the amount of
$18,056.00, plus interest, costs, disbursements and attorney's fees.
AS AND FOR A SECOND CAUSE OF ACTION
(Personal Guarantee)
24. Plaintiff repeats and realleges each and every allegation contained in
paragraphs 1 through 23 of this complaint as though fully set forth at length herein.
25. Pursuant to the Guaranty, the Guarantor guaranteed the performance of the
Merchant's obligations to the Plaintiff under the Agreement.
26. Guarantor breached the provisions of the Guaranty by failing to perform the
Merchant's obligations to Plaintiff under the Agreement when Merchant failed to do so.
27. By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor
for breach of the Guaranty in the sum of $18,056.00, plus interest, costs, disbursements and
attorney's fees.
WHEREFORE, Plaintiff CFG Merchant Solutions, LLC requests judgment
against Defendants McFarland and Harrell Transports LLC DBA McFarland and Harrell
Transports and Demario McFarland as follows:
(i) On the first cause of action of the complaint, Plaintiff requests judgment
against Merchant in the amount of $18,056.00, plus interest, costs,
6 of 9
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
disbursements and attorney's fees;
(ii) On the second cause of action of the complaint, Plaintiff requests judgment
against Guarantor in the amount of $18,056.00, plus interest, costs,
disbursements and attorney's fees;
(iii) For such other and further relief as this Court deems just and proper.
Dated: Hewlett, New York
April 16, 2024
By:
Jason ang, Esq.
The aw Office of Jason Gang
1245 Hewlett Plaza, #478
Hewlett, NY 11557
(646) 389-5610
Attorneys for Plaintiff
7 of 9
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
-------------------------------------------------------------------------X
CFG MERCHANT SOLUTIONS, LLC INDEX NO.:
Plaintiff
-against-
MCFARLAND AND HARRELL TRANSPORTS LLC
DBA MCFARLAND AND HARRELL TRANSPORTS and
DEMARIO MCFARLAND
Defendants.
-------------------------------------------------------------------------X
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by
filing ofthe accompanying documents with the County Clerk, is subject to mandatory electronic filing
pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served
as required by Subdivision (b) (3) of that Section.
The New York State Courts Electronic Filing System ("NYSCEF") is designed for the
electronic filing of documents with the County Clerk and the court and for the electronic service of
those documents, court documents, and court notices upon counsel and self-represented parties.
Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required
by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the
Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of
document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that
they lack the computer equipment and (along with all employees) the requisite knowledge to comply;
and 2) self-represented parties who choose not to participate in e-filing. For additional information
about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at
www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or
efile(alcourts.state.ny.us.
Dated: April 16, 2024
By:
Jaso . Gang, Esq.
Th aw Office of Jason Gang
1245 Hewlett Plaza, #478
Hewlett, NY 11557
(646) 389-5610
Attorneys for Plaintiff
8 of 9
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SUPREME COURT OF THE STATE OF NEW YORK
COUN TY OF MONROE
__...---------------------------------------------------------------------X
CFG MERCHANT SOLUTIONS, LLC INDEX NO.:
Plaintiff
VERIFICATION
-against-
MCFARLAND AND HARRELL TRANSPORTS LLC
DBA MCFARLAND AND HARRELL TRANSPORTS and
DEMARIO MCFARLAND
Defendants.
...-__________---------------------------------------------------------X
STATE OF
: SS:
COUNTY OF :
James Elder, being duly sworn, hereby deposes and says as follows, under
penalties of perjury:
I am an Authorized Representative of Plaintiff CFG MERCHANT
SOLUTIONS, LLC in the within action. I have read the foregoing Verified Complaint and
know the contents thereof; The same is true to my knowledge, except as to the matters therein
stated to be alleged upon information and belief, and as to those matters I believe them to be
true.
The foregoing statements are true under penalties of perjury.
orn to before me this BY:
. ..day of , 20_ 7
James Elder
Notary Public
Cinnella
Laura
PUBUC
NOTARYNEWJERSEY
MYCOMMISSt.0NEXPtRESAUGUST13.20?4
STATE OF
9 of 9
Preview
FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE -------------------------------------------------------------------------X CFG MERCHANT SOLUTIONS, LLC INDEX NO.: DATE PURCHASED: Plaintiff -against- SUMMONS MCFARLAND AND HARRELL TRANSPORTS LLC DBA MCFARLAND AND HARRELL TRANSPORTS and DEMARIO MCFARLAND Defendants. -------------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the address stated below, an answer to the attached complaint. If this summons was personally delivered upon you in the State of New York, the answer must be served within twenty days after such service of the summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint within the applicable time limitation stated above, a judgment may be entered against you, by default, for the relief demanded in the complaint, without further notice to you. The basis for venue is pursuant to the Contract entered into between the parties. Dated: Hewlett, New York April 16, 2024 By: J A. Gang, e Law Office of Jason Gang 1245 Hewlett Plaza, #478 Hewlett, NY 11557 (646) 389-5610 Attorneys for Plaintiff Defendants to be served: Our File No. INV63006 McFarland and Harrell Transports LLC DBA McFarland and Harrell Transports, 13406 Lake Chesdin Rd, Houston, TX 77044 Demario McFarland, 13406 Lake Chesdin Rd, Houston, TX 77044 1 of 9 FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE _________________________________________________________________________x CFG MERCHANT SOLUTIONS, LLC INDEX NO.: Plaintiff VERIFIED COMPLAINT -against- MCFARLAND AND HARRELL TRANSPORTS LLC DBA MCFARLAND AND HARRELL TRANSPORTS and DEMARIO MCFARLAND Defendants. _________________________________________________________________________x Plaintiff CFG Merchant Solutions, LLC ("Plaintiff), by its attorney, Jason A. Gang Esq., for its complaint herein against McFarland and Harrell Transports LLC DBA McFarland and Harrell Transports ("Merchant") and Demario McFarland ("Guarantor") (Merchant and Guarantor collectively "Defendants"), alleges as follows: The Parties 1. At all relevant times, Plaintiff was and is a foreign Limited Liability Company duly registered in the State ofNew York. 2. Upon information and belief, at all relevant times, Merchant was and is a company organized and existing under the laws of the State of Texas. 3. Upon information and belief, at all relevant times, Guarantor was and is an individual residing in the State of Texas. 2 of 9 FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 Jurisdiction and Venue 4. This Court has jurisdiction over the Defendants pursuant to CPLR § 301 based upon a consent to jurisdiction provision(s) in the Agreement between the parties. The Facts 5. On or about November 28, 2023, Plaintiff and Defendants entered into a Purchase Agreement (the "Agreement") whereby Plaintiff agreed to purchase 10.86% (the "Purchased Percentage") of the Merchant's future accounts receivable up to the sum of $19,980.00 (the "Amount Sold") in exchange for an upfront purchase price of $13,500.00 (the "Purchase Price"). 6. Pursuant to the Agreement, Merchant agreed to have one bank account approved by Plaintiff (the "Bank Account") into which all of its receivables would be deposited. 7. The Amount Sold of receivables was to be remitted to Plaintiff pursuant to daily ACH withdrawals from the Bank Account in the amount of $181.00 each business day, which amount was a good faith approximation of the Purchased Percentage. 8. If the Merchant's financial performance fluctuated during the term of the Agreement, the Merchant was entitled to a retroactive reconciliation and/or prospective adjustment of the estimated daily/weekly remittance if it followed the procedures set forth in the Agreement for requesting the reconciliation and/or adjustment. 9. Pursuant to a guaranty agreement (the "Guaranty") executed 3 of 9 FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 contemporaneously with the Agreement, the Guarantor guaranteed the performance of the Merchant's obligations to Plaintiff pursuant to the Agreement. 10. Plaintiff remitted the purchase price for the future receivables, less applicable and disclosed upfront fees, to Merchant pursuant the terms of the Agreement. 11. Critical to facilitating this transaction, the Agreement contains Merchant's express covenant not to revoke its ACH authorization to Plaintiff or otherwise take any measure to interfere with Plaintiff's ability to collect the Future Receivables. 12. Merchant stopped making its payments to Plaintiff and otherwise breached the Agreement by intentionally impeding and preventing Plaintiff from making the agreed upon ACH withdrawals from the Bank Account while conducting regular business operations. 13. Merchant remitted $7,259.00 of the receivables purchased by Plaintiff leaving an outstanding balance of the Amount Sold of $12,721.00. In addition, pursuant to the Agreement, Merchant incurred four (4) NSF Fees at $35.00 each for a total of $140.00, a UCC Fee in the amount of $195.00, a Blocked Account Fee in the amount of $2,500.00, and a Default Fee in the amount of $2,500.00 [calculated as five percent (5%) of the undelivered portion of the Amount Sold, or Two Thousand Five Hundred Dollars ($2,500.00), whichever is greater], per Appendix A of the Agreement. 14. Contrary to Merchant's express covenant set forth above, Merchant materially breached the terms of the Agreement on January 31, 2024, by changing the designated bank account without Plaintiff's authorization, by placing a stop payment on Plaintiff's debits to the account or by otherwise taking measures to interfere with Plaintiff's ability to collect the 4 of 9 FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 Future Receivables. 15. Despite due demand, Merchant has failed to pay the amounts due and owing by Merchant to Plaintiff under the Agreement. 16. Additionally, Guarantor breached the provisions of the Guaranty by failing to perform Merchant's obligations to Plaintiff under the Agreement when Merchant failed to do so. 17. Based upon the foregoing, Defendants are liable to Plaintiff on the Agreement in the amount of $18,056.00 plus interest, costs, disbursements and attorney's fees. AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract) 18. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 17 of this complaint as though fully set forth at length herein. 19. Plaintiff performed its obligations to Merchant under the Agreement by advancing the agreed upon purchase price, less applicable and disclosed upfront fees, for the Amount Sold of the Merchant's receivables. 20. Upon information and belief, Merchant is still conducting regular business operations and still collecting receivables. 21. Merchant has materially breached the Agreement by failing to make the specified payment amount to Plaintiff as required under the Agreement and otherwise intentionally impeding and preventing Plaintiff from receiving the proceeds of the receivables purchased by them. 5 of 9 FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 22. Upon information and belief, Merchant has also materially breached the Agreement by using more than one depositing bank (account which has not been approved by Plaintiff. 23. By reason of the foregoing, Plaintiff has suffered damages in the amount of $18,056.00, plus interest, costs, disbursements and attorney's fees. AS AND FOR A SECOND CAUSE OF ACTION (Personal Guarantee) 24. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 23 of this complaint as though fully set forth at length herein. 25. Pursuant to the Guaranty, the Guarantor guaranteed the performance of the Merchant's obligations to the Plaintiff under the Agreement. 26. Guarantor breached the provisions of the Guaranty by failing to perform the Merchant's obligations to Plaintiff under the Agreement when Merchant failed to do so. 27. By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor for breach of the Guaranty in the sum of $18,056.00, plus interest, costs, disbursements and attorney's fees. WHEREFORE, Plaintiff CFG Merchant Solutions, LLC requests judgment against Defendants McFarland and Harrell Transports LLC DBA McFarland and Harrell Transports and Demario McFarland as follows: (i) On the first cause of action of the complaint, Plaintiff requests judgment against Merchant in the amount of $18,056.00, plus interest, costs, 6 of 9 FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 disbursements and attorney's fees; (ii) On the second cause of action of the complaint, Plaintiff requests judgment against Guarantor in the amount of $18,056.00, plus interest, costs, disbursements and attorney's fees; (iii) For such other and further relief as this Court deems just and proper. Dated: Hewlett, New York April 16, 2024 By: Jason ang, Esq. The aw Office of Jason Gang 1245 Hewlett Plaza, #478 Hewlett, NY 11557 (646) 389-5610 Attorneys for Plaintiff 7 of 9 FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE -------------------------------------------------------------------------X CFG MERCHANT SOLUTIONS, LLC INDEX NO.: Plaintiff -against- MCFARLAND AND HARRELL TRANSPORTS LLC DBA MCFARLAND AND HARRELL TRANSPORTS and DEMARIO MCFARLAND Defendants. -------------------------------------------------------------------------X NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing ofthe accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile(alcourts.state.ny.us. Dated: April 16, 2024 By: Jaso . Gang, Esq. Th aw Office of Jason Gang 1245 Hewlett Plaza, #478 Hewlett, NY 11557 (646) 389-5610 Attorneys for Plaintiff 8 of 9 FILED: MONROE COUNTY CLERK 04/17/2024 11:34 AM INDEX NO. E2024006459 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUN TY OF MONROE __...---------------------------------------------------------------------X CFG MERCHANT SOLUTIONS, LLC INDEX NO.: Plaintiff VERIFICATION -against- MCFARLAND AND HARRELL TRANSPORTS LLC DBA MCFARLAND AND HARRELL TRANSPORTS and DEMARIO MCFARLAND Defendants. ...-__________---------------------------------------------------------X STATE OF : SS: COUNTY OF : James Elder, being duly sworn, hereby deposes and says as follows, under penalties of perjury: I am an Authorized Representative of Plaintiff CFG MERCHANT SOLUTIONS, LLC in the within action. I have read the foregoing Verified Complaint and know the contents thereof; The same is true to my knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. The foregoing statements are true under penalties of perjury. orn to before me this BY: . ..day of , 20_ 7 James Elder Notary Public Cinnella Laura PUBUC NOTARYNEWJERSEY MYCOMMISSt.0NEXPtRESAUGUST13.20?4 STATE OF 9 of 9