[PROPOSED] MODIFIED ORDER AND STIPULATION TO ALLOW MICHELLE MAZZOLA TO USE A BANK ACCOUNT AT PNC BANK

EDWARD M. CHEN, District Judge.

Whereas, to resolve, in part, Plaintiff's then-pending motion for a preliminary injunction, Plaintiff Securities and Exchange Commission and Relief Defendant Michele Mazzola had stipulated and agreed to the entry of an Order for Michele Mazzola's use of a PNC Bank Account, which had been So Ordered by the Court (Docket No. 92); and

Whereas, to facilitate the use of the aforementioned bank account for the deposit of payroll earnings to be earned by Frank Mazzola for the use by Michele Mazzola for their family's household necessities, the parties below agree to modify the prior Order as follows:

1. The terms of the Temporary Restraining Order entered by the Court on March 25, 2016, are adopted as the terms of the Preliminary Injunction with the modifications set forth below;

2. Michele Mazzola shall be allowed to utilize the checking account maintained at PNC Bank, ending in No. 6017 captioned "MICHELE E MAZZOLA" (the "Bank Account") subject to the terms and conditions set forth herein. The intent of this Order is to permit Michele Mazzola to use `untained' funds for household necessities;

3. The existing monies in the Bank Account, namely, $3,220.94, shall remain restrained, and Michele Mazzola shall only be able to disburse monies deposited therein such that the balance of the Bank Account shall never fall below $3,220.94;

4. Michele Mazzola consents to PNC Bank providing a duplicate copy of the monthly account statement for the Bank Account, including copies of cancelled checks, to the Securities and Exchange Commission to allow the Securities and Exchange Commission to monitor the activity in the Bank Account, and Ms. Mazzola will instruct PNC Bank to provide the Commission with these monthly statements and canceled checks, and will ensure that they are delivered to the Commission, directed to the attention of the counsel for the Commission in the signature block below;

5. For any funds deposited into the Bank Account, the depositor of said funds shall provide a Declaration sworn under oath identifying the specific amount of the deposit, the source of the funds deposited (i.e., retirement funds, savings, or earnings), and attest that the funds did not originate from Frank Mazzola, Michele Mazzola, John Bivona, Anne Bivona, Saddle River Advisors LLC, SRA Management Associates LLC, SRA I LLC, SRA II, LLC, SRA III LLC, Felix Investments LLC, Clear Sailing Group IV LLC, or Clear Sailing Group V LLC; however, if the source of the funds deposited into the Bank Account is from a payroll check issued to Frank Mazzola for current wages and/or earnings, then, rather than provide a Declaration, Michele Mazzola shall provide a copy (front and back) of the check deposited to the Securities and Exchange Commission.

6. The aforementioned Declaration or copy of the payroll check deposited shall be provided to the Securities and Exchange Commission three days before any check may be issued or any funds withdrawn from the Bank Account to expend such deposited funds;

7. Michele Mazzola shall create and maintain a check register for the Bank Account that identifies the payor and/or use of the funds withdrawn, and the Securities and Exchange Commission retains the right to request a copy of the check ledger or specific expenditure information concerning any cash withdrawal(s) in a two week period that amount to more than $500.00.

8. The Parties may petition the Court to modify the terms of the Preliminary Injunction.

SO STIPULATED.

IT IS SO ORDERED.