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HomeMy WebLinkAbout07-3533IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SEAN BROOKS TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL DIVISION Docket No.: 6jy --3a3 L lC?c PETITION TO TRANSFER "-F&LPA- STRUCTURED SETTLEMENT PAYMENT RIGHTS Filed on behalf of Petitioner, Sean Brooks Counsel of Record for this Party: Ronald E. Reitz Pa. I.D. No. 55408 SWARTZ CAMPBELL LLC Firm Pa. I.D. No. 765 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 (412) 232-9800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF SEAN BROOKS TO TRANSFER STRUCTURED No. 07.3-533 of 2007 SETTLEMENT PAYMENT RIGHTS PETITION OF SEAN BROOKS TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS Petitioner, Sean Brooks, submits the following Petition to Transfer Structured Settlement Payment Rights pursuant to, and in compliance with, the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, and in support states: 1. The Petitioner (hereinafter "Payee" as defined by 40 P.S. § 4002) is Sean Brooks, an adult individual who resides at 107 November Drive, Apartment 2, Camp Hill, Pennsylvania 17011. 2. Venue is proper in this Court pursuant to the Structured Settlement Protection Act, because Payee is domiciled in Cumberland County, Pennsylvania. 3. As a result of the settlement of an injury claim, Payee is entitled to receive certain periodic monthly payments for his lifetime, and guaranteed through May 1, 2040, as set forth in the Release Agreement attached as Exhibit "A". 4. By operation of a Uniform Qualified Assignment, the obligation to make the monthly payments is held by Allstate Assignment Company, 544 W. Lakeview Parkway, Suite L2A, Vernon Page 1 of 9 Hills, Illinois 60061, the structured "Settlement Obligor" as defined by 40 P.S. § 4002. Allstate Assignment Company funded the obligation by purchasing an annuity from Allstate Life Insurance Company of NY, the "Annuity Issuer." Allstate Life Insurance Company of NY is located at 544 W. Lakeview Parkway, Suite L2A, Vernon Hills, Illinois 60061. 5. On May 26, 2007, Payee executed a "Transfer and Assignment Agreement", (the "Agreement"), a true and correct copy of which is attached hereto and incorporated herein by reference as Exhibit "B". The Agreement provides for the assignment of Petitioner's right and interest in receiving payments as follows: Ninety-Four (94) monthly payments in the amount of $867.85 beginning with the payment due on or about March 1, 2020 continuing through and including the payment due on or about December 1, 2027 (increasing 2% annually in June); and one (1) payment of $50,000.00 due on or about June 27, 2020 (the "Assigned Payments"), to Seneca One, LLC (the "Transferee" as defined by 40 P.S. § 4002). Seneca One, LLC is a Maryland limited liability company having its principal place of business at 7920 Norfolk Avenue, Suite 300, Bethesda, Maryland 20814. 6. The Transfer Agreement was executed by the Transferee on or about May 26, 2007. Page 2 of 9 7. The rights to receive the payments described above at paragraph 3, and reflected in Exhibit "A", are exclusive to the Payee, who owns them. 8. Payee shall retain all right and interest in receiving the remaining balance of all monthly payments not assigned. 9. Additionally, as set forth in further detail in his Affidavit dated May 26, 2007, attached hereto and incorporated herein by reference as Exhibit "C", Payee avers that: a. He is over 18 years of age, and of sound and disposing mind. b. He desires to sell the Assigned Payments to Seneca One, LLC. C. He is fully aware of the economic consequences of the transaction and he is fully capable of managing his financial, personal and business affairs. d. The transaction contemplated by the Transfer Agreement is in his best interests and he has thoroughly considered all of the ramifications of the transaction. e. The purpose of this transaction is to permit Payee to purchase a reliable vehicle to improve the quality of his life (See, Affidavit of Sean Brooks, Exhibit "C", at Paragraph 6). f. Payee has expressly waived independent legal advice regarding this transaction, as set in Exhibit "C", at Paragraph 9. 10. Payee has been provided, and has acknowledged receipt at least 10 days prior to receipt of the Transfer Agreement, of Page 3 of 9 the "Disclosure Statement" required by 40 P.S. § 4003 (a)(2), attached and incorporated herein by reference as Exhibit "D". As set forth in greater detail in the Transfer Disclosure, the following terms have been disclosed to the Payee: a. The amounts and due dates of the structured settlement, payments to be transferred are: Ninety-Four (94) monthly payments in the amount of $867.85 beginning with the payment due on or about March 1, 2020 continuing through and including the payment due on or about December 1, 2027 (increasing 20 annually in June); and one (1) payment of $50,000.00 due on or about June 27, 2020; b. The aggregate amount of the structured settlement payments to be transferred is $137,005.86; C. The discounted present value of the payments transferred using the most recently published applicable federal rate for determining the value of an, annuity is $58,555.33; d. The federal discount rate used to determine the discounted present value, as most recently published by the IRS, is 5.60 percent; e. The gross amount payable to Payee in exchange for the transferred payments is $13,484.35; f. The good faith itemized listing of all broker's commissions, service charges, application or processing fees, closing costs, filing or administrative charges, legal fees, notary fees and other commissions, fees, costs, expenses and charges payable by the Payee or deductible from the gross amount otherwise payable to the Payee: None; g. The net amount payable to Payee after deduction of the legal fees, costs, expenses Page 4 of 9 and processing fee described above is $13,484.35. h. The quotient is 23.0280. i. The amount .of penalty and aggregate amount of any liquidated damages inclusive of penalties payable by the Payee in the event of any breach of the transfer agreement by the Payee is: NONE. 11. Payee has been provided, and has acknowledged receipt, at least 10 days prior to receipt of the Transfer Agreement, of the written "Notice" in bold print 12-point type required by 40 P.S. § 4003 (b). A true and correct copy of Payee's acknowledgement of the receipt of the § 4003 (b) notice is attached as Exhibit "E". 12. Payee has expressly waived independent legal advice regarding the implications of the transfer, as set forth in his "Acknowledgement of Professional Advice" form, attached as Exhibit F. (See also, Exhibit "C", para. 8). 13. Payee is twenty-seven years of age, and is married with two dependent children. Payee and his wife are both employed, and expect to be continuously employed in the foreseeable future. Payee's spouse consents -to the transfer and has executed the "Spousal Consent" form, waiving any objections to the transfer, as set forth in Exhibit "G". 14. On January 24, 2002, "The Victims of Terrorism Tax Relief Act," PL 107-134, 115 Stat. 2427, was enacted, which in Page 5 of 9 part, amends the Internal Revenue Code of 1986. The Act amends 26 U.S.C.A. § 5891 and now provides for favorable tax treatment of "structured settlement payment factoring transactions" that are approved in advance by a qualified court order approving the transaction. 26 U.S.C.A. § 5891 (b)(1). A "structured settlement payment factoring transaction" is defined as "a transfer of structured settlement payment rights (including portions of structured settlement payments) made for consideration by means of sale, assignment, pledge, or other form of encumbrance or alienation for consideration." 26 U.S.C.A. § 5891 (c)(3) (A) (parentheses in original). A "structured settlement" is defined as an arrangement established by "agreement for the periodic payment of damages excludable from the gross income of the recipient under [Internal Revenue Code] section 104 (a)(2). . ." and under which the periodic payments are "of the character described in subparagraphs (A) and (B) of section 130(c)(2)." A true and correct copy of 26 U.S.C.A. § 5891 is attached hereto as Exhibit "H". 15. 26 U.S.C.A. § 5891 (d) (1) was also added by the Act and provides: [I]f the applicable requirements of sections 72, 104(a)(1), 104(a)(2), 130, and 461(h) were satisfied at the time the structured settlement involving structured settlement payment rights was entered into, the subsequent occurrence of a structured settlement factoring transaction shall Page 6 of 9 not affect the application of the provisions of such sections to the parties to the structured settlement (including an assignee under a qualified assignment under section 130) in any taxable year.(emphasis added). Accordingly, a favorable tax result is in effect at the time the Payee and the Transferee entered into the Transfer Agreement. 16. Since a favorable tax result is in effect, approvals of the Settlement Obligor and the Annuity Issuer to the proposed transfer are not required. 40 P.S. § 4003 (a)(5)(i)(A). 17. The structured settlement did not arise out of a workers' compensation claim. 18. The transfer complies with the requirements of the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, and will not contravene other applicable Federal or State statutes or regulations or any applicable law limiting the transfer of workers' compensation claims. 19. Payee respectfully requests that the Court sign an order approving his transfer which constitutes a "qualified order" for purposes of 26 U.S.C.A § 5891 (Exhibit "H"). 20. Payee has seriously contemplated this transaction, and due to his personal circumstances and needs, believes that this transfer is in his best interests (See, Exhibit C, Para. 6, 10). 21. Payee acknowledges that Swartz Campbell LLC has not been engaged to render professional advice with respect to the Page 7 of 9 advisability, or the implications of the transfer, including the tax ramifications of the transfer. Counsel has been engaged solely to prepare and present the within Petition, based upon Payee's independent determination and professional advice obtained from others, with respect to the advisability and ramifications of the transfer. WHEREFORE, Payee /Petitioner, Sean Brooks, requests that this Honorable Court grant this Petition to Transfer Structured Settlement Payment Rights. Respectfully submitted, Swartz a b 11 LLC By: R nald E. Reitz Pa. I.D. No. 55408 4750 U.S. Steel Tower 600 Grant St. Pittsburgh, PA 15219 412.456.5404 Attorney for Petitioner/Payee, Sean Brooks Page 8 of 9 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PETITION OF SEAN BROOKS TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS was served by certified mail, return- receipt requested, postage pre-paid, on this/ q /k-day of June 2007 on: Allstate Assignment Company Att'n: LISA STERNER 544 W. Lakeview Parkway, Suite L2A Vernon Hills, IL 60061 ("Settlement Obligor") Allstate Life Insurance Company of NY Att'n: LISA STERNER 544 W. Lakeview Parkway, Suite L2A Vernon Hills, IL 60061 ("Annuity Issuer") and by regular U.S. mail, postage prepaid to: Simone M. Gremillion, Paralegal Seneca One Finance, LLC 7920 Norfolk Avenue, Suite 300 Bethesda, MD 20814 ("Transferee") Sean Brooks 107 November Drive, Apt. 2 Camp Hill, PA 17011 ("Payee/Petitioner") Swartz bell LLC By: onald E. Reitz Page 9 of 9 VERIFICATION I, Sean Brooks, have read the foregoing Petition to Transfer Structured Settlement Payment Rights, and hereby aver that the statements therein are correct to the best of my personal knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsw rn falsification to authorities. ?_ Date: 07 SEAN BROOKS VERIFICATION I, Stephen Lorberbaum, Executive Vice President and Chief Operating Officer of the Structured Settlement Division of Seneca One Finance, LLC have read the foregoing Petition to Transfer Structured Settlement Payment Rights, and hereby aver that the statements therein are correct to the best of my personal knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: v Chief Operating Officer Seneca One Finance, LLC ludo No. 12M'".to TA Ogdimdm d the s klu pit %ft *oft dso brow, Cad*Uc h"d GMV- am Y#prtt*o ndki" PAY tm i *VANOI mood bola rpm*0") Slay nu ,?{??at?3mtamxltok?+- t EXHIBIT HT TO QtT#33tMA39BIMM li ?I ?r ?t. r, a z f? j S° 'l r? tW u ?RIKT TIME JUL; 1. 2.?$P?t TRANSFER AND ASSIGNMENT AGREEMENT This Transfer and Assignment Agreement (this "Agreement"), dated and effective as of June 2, 2007, is being entered into by and between Sean Brooks ("Seller") who currently resides at 107 November Drive Ap, 2, Camp Hills, PA 17011 and Seneca One, LLC, a Maryland limited liability company having its principal place of business at 7920 Norfolk Avenue, Suite 300, Bethesda, MD 20814 (hereinafter referred to as "Purchaser"). NOW THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the parties agree: At some time in the past, Seller or Seller's predecessor in interest; entered into an agreement in connection with the settlement of a lawsuit or other claim (the "Settlement Agreement"). Seller has told Purchaser that Seller is entitled to receive certain payments due under the Settlement Agreement (hereinafter referred to as the "Settlement Payments"). An entity (the "Settlement Obligor") agreed to make the payments that are due to Seller under the Settlement Agreement, The Settlement Obligor purchased and/or caused to be issued annuity policy no. (the "Annuity") by Allstate Life Insurance Company (the "Annuity Issuer'), Pursuant to the terms of the Annuity, the Settlement Payments are to be made to Seller on a fixed schedule. Seiler has agreed to assign to Purchaser, Seller's right to receive certain Settlement Payments in exchange for the Purchase Price described below. A. Purchase and Sale. Subiect to the terms and conditions herein provided, Purchaser agrees to pay Seller the sum of $13,484.35 "Purchase Price"), and Seller hereby sells and assigns to Purchaser, or its assignee, Seller's right, title and interest in and to Ninety-Four (94) monthly payments in the amount of $887.85 beginning with the payment due on or about March 1, 2020 continuing through and including the payment due on or about December 1, 2027 (increasing 2% annually in June); and One (1) payment of $50,000.00 due on or about June 27, 2020 (the "Assigned Payments"), S. Conditions to be Satisfied Pripr to Closing., The following must occur prior to Purchaser paying Seiler the Purchase Price: (1) Purchaser shall be satisfied, in its sole discretion. that there are no claims or interests of any kind or nature whatsoever that do or may affect Purchaser's rights to or interest in the Assigned Payments and/or Purchaser's or its assign's ability to receive the Assigned Payments in their entirety on the dates set forth herein; (2) Purchaser receives a non-appealable court order that (a) directs the Settlement Obligor and Annuity Issuer to make the Assigned Payments to Purchaser, or its assigns; and (b) makes all findings required by applicable state and federal law (the "Court Order"); and (3) the company making the Settlement Payments has acknowledged receipt of the Court Order. Upon completion of the foregoing events, the Purchase Price will be paid to the Seller (the "Closing"). C. Right to Assign. Purchaser may elect to assign this Agreement and/or its right, title, and interest under this Agreement in the Assigned Payments to a third party purchaser (an "Assignee") and may effect such assignment by requesting that the aforesaid Court Order name such Assignee as the recipient of the Assigned Payments. The obligations and rights of Purchaser may be further assigned or otherwise transferred by Purchaser, provided that any assignee is bound by the terms and conditions hereof. The obligations and rights of Seller under this Agreement may not be assigned or otherwise transferred. EXHIBIT _Re ye$gntotjons_and Warranties of Seller. Seller represents and warrants as follows: (1) Seller has full power and authority to enter into this Agreement and assign the Assigned Payments to Purchaser: (2) No other person, firm or corporation claims a lien, right, title or interest of any kind in the Assigned Payments: (3) Seller has no lawsuits pending or threatened against Seller and Seller is not subject to any outstanding judgment, levy, claim or offset; (4) Seiler has paid all federal, state and local taxes due through and including the date hereof and Seller is not subject to any outstanding tax liens; (5) Seller is not indebted for any child support arrearage or child support lien; (6) Seller has not filed for bankruptcy and does not intend to file for bankruptcy; (7) Seller has reviewed and understands the terms and effects of this Agreement and Seller is competent to enter into this Agreement; (8) Seller has entered into this Agreement under Seller's own free will without undue influence or duress and Seller is not entering into this Agreement under the influence of drugs or alcohol; (9) Purchaser has disclosed to Seller and Seller understands that Purchaser is a wholly owned subsidiary of Seneca One Finance, Inc.; (10) Seller is entering into this Agreement to sell the Assigned Payments to Purchaser, and with respect to the sale of the Assigned Payments to Purchaser, Purchaser has satisfied all its obligations with respect to any guarantee or other promotional offer; and (11) All information contained in the Application for Sale of Structured Settlement Payments is true and correct. If any of these statements becomes untrue prior to the Closing (as defined herein), Seller agrees to notify Purchaser in writing immediately. Seller hereby authorizes Purchaser or its agents or assigns to conduct such credit and other searches as may be necessary in order to confirm the foregoing with the understanding that all such reports and searches will be kept strictly confidential, but may be used by Purchaser, its subsidiaries, affiliates and/or its assigns as necessary to complete the intent of this Agreement. E. This Is Not a Loan. Purchaser and Seller acknowledge and agree that the sale and transfer herein contemplated constitute a sale of the Assigned Payments, and not a loan, conveying good title thereto free and clear of any liens and encumbrances from the Seller to Purchaser. In connection with the rights granted to Purchaser hereunder, Seller hereby grants a security interest in, all of Seller's right, title and interest in and right to receive all of the Assigned Payments to Purchaser, or its assigns, to the extent such grant is permitted under applicable law. In addition, Seller authorizes Purchaser, its subsidiaries, affiliates and/or its assigns to make all filings and to take all other actions that Purchaser and/or its assigns; in its discretion, deems necessary or proper to complete the transactions contemplated hereby and to perfect the sale of the Assigned Payments including, without limitation, filing a UCC-1 against the Assigned Payments. F. Events of Default. Seller understands that the following events shall be deemed to a default by Seller under this Agreement: (a) Seller's death: (b) Seller's insolvency or the appointment of a custodian, trustee, liquidator or receiver for Seller or Seller's assets; (c) an assignment for the benefit of Seller's creditors or the filing of a petition under bankruptcy, insolvency or debtor's relief laws by or against Seller; (d) failure by the Settlement Obligor or Annuity Issuer to make any one or more of the Assigned Payments as a result of any act by Seller. Seller's estate or any of Seller's heirs; (e) Seller's failure to comply with any term or condition set forth in this Agreement; or (f) a representation or warranty made by Seller turns out to be materially false. G.Beneficiaries. Seller acknowledges that Purchaser, or its assigns, is entitled to receive the Assigned Payments - to the exclusion of any beneficiary, heir executor, representative or dependent of Seller - even if Seller is no longer living at the time when the payments come due. Seller shall execute and deliver a separate writing which designates Seller's estate as the beneficiary of the Assigned Payments and shall execute and sign any document, agreement, waiver, beneficiary change, or other document to reflect, evidence, and confirm that Purchaser, or its assigns shall be entitled to receive the Assigned Payments to the exclusion of Seller and/or Seller's heirs, beneficiaries, representatives, dependents, and executors. In the event Seller's death occurs during the course of this transaction, this 2 Agreement is and shall be deemed a "Testamentary Agreement" in which Seller agrees, for all time, to name Purchaser, or its assigns, as the party that will inherit the Assigned Payments. Seller cannot and will not amend, modify, alter or otherwise change the beneficiary designation or this 'Testamentary Agreement without Purchaser's express prior written consent. H. Adjustment,af Purcha5e_Prices Advances; Satisfaction of Judgments. Seller acknowledges and agrees that the Purchase Price may be adjusted, if necessary, by subtracting an amount equal to the sum of (I) all Assigned Payments received by Seller after the date of this Agreement and prior to the Closing; plus (ii) any payments and advances made to Seller or made on behalf of Seller to a third party at or prior to the Closing. Any advances and payments to third parties by Purchaser shall be made, if at all, in Purchaser's sole and absolute discretion. In the event that any charges, encumbrances, judgments (including, without limitation, any pledges or assignments) liens or other claims against the Assigned Payments should arise or be disclosed, then Seller may be required to satisfy these obligations at Closing. Seller agrees that any disbursements required for these satisfactions shall be paid from the Purchase Price prior to any disbursement to Seller. In the event Purchaser elects to disburse some or all of the Purchase Price prior to obtaining all reports identifying charges, encumbrances, judgments, liens or other claims, Seller hereby agrees that Purchaser, or its assignees, may hold back from the disbursement two (2) times the total of such charges, encumbrances, judgments, liens or other claims as reasonably estimated by Purchaser. In such event, Seller will execute any and all documentation reasonably requested by Purchaser to identify the amounts to be withheld and consent to such withholding. i Waiver of , Restrictions onAssignab?I ty,, Seller acknowledges that Seller's Settlement Agreement may have been entered into prior to the enactment of the Pennsylvania Structured Settlement Protection Act (the "Pennsylvania Transfer Statute"). Accordingly, Seller's Settlement Agreement may contain a provision or provisions restricting or purporting to restrict Seller's right to assign. Seller, on behalf of Seller, and Seller's heirs, beneficiaries, executors, administrators, successors, and legal representatives, hereby waives and releases any such restriction. Furthermore, Seller agrees and covenants that Seller shall not raise, assert or claim any such rights or restrictions against Purchaser in the future. J. Continuing Cooperation. Upon Seller's execution of this Agreement, Purchaser and Seller shall cooperate in commencing a legal action with the appropriate court seeking the court approval required by the Pennsylvania Transfer Statute. Seller agrees to cooperate in taking all actions to facilitate the consummation of the transaction contemplated under this Agreement, including appearing in the contemplated court action as a party thereto. Seller agrees to execute and deliver at any time any additional instruments and documents promptly and to do any acts or things as may be necessary or expedient to effectuate the terms and conditions of this Agreement, including obtaining, providing and filing any court documents necessary to obtain a Court Order approving the assignment contemplated by this Agreement. Seller hereby authorizes Purchaser to correct any typographical errors or to make any ministerial revisions to this Agreement and to any other supporting documents signed by Seller if such revisions are necessary to effectuate the terms and conditions of this Agreement. Seller also agrees to notify Purchaser in writing of any delay in performance or changes to the Assigned Payments, and to furnish to Purchaser all information received by Seller regarding the Assigned Payments. 3 K._Governng Law; Vern,, e_ This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Pennsylvania . Disputes under this Agreement, including any claim that the Seller breached this Agreement, shall be determined in and under the laws of the State of Pennsylvania , Any action to enforce any right by either party under this Agreement shall be commenced in Pennsylvania. L. Holdback, Purchaser, or its assigns, shall, in its discretion, withhold an amount from the Purchase Price equal to the amount of the payments to be paid within six months of the Closing, or the amount of the first assigned lump sum payment, until such time as the first payment is received by Purchaser or its assigns. Within five business days after receipt of the first payment, Purchaser, or its assigns, shall release any funds withheld from the Purchase Price to Seller. Purchaser, or its assigns, shall have the right to retain funds sufficient to cover any payments not received. M. General Provisions. (1) This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement; (2) The section headings contained in this Agreement are for reference only and shall not affect in any way the meaning or interpretation of this Agreement: (3) In the event an action is commenced in any forum to enforce the rights of a party to this Agreement, then the prevailing party in such action shall be entitled to all reasonable attorney's fees and costs incurred to the extent permitted by law; (4) This Agreement may be amended or modified, and performance of any covenant or agreement herein contained may be waived or modified only by an instrument signed by the parties hereto. The waiver or modification by a party of performance or of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other performance or breach thereof; (5) This Agreement constitutes the entire agreement and understanding of the parties with respect to the matters and transactions contemplated hereby and supersedes any and all prior agreements and understandings with respect thereto. No representations have been made; or relied upon, by either party except those set forth in this Agreement; (6) Except for notice pursuant to section P, notice shall be deemed to have been duly given three (3) business days after having been mailed by certified or registered mail, return receipt requested, or upon delivery if delivered by a nationally recognized overnight delivery service, such as Federal Express. All notices shall be mailed to the addresses set forth at the beginning of this Agreement, All notices mailed to Purchaser shall be sent to the attention of the Processing Group; (7) Seller acknowledges and agrees that the obligations under this Agreement shall be binding upon Seller, Seller's heirs, personal representatives, transferees, successors, estate and assigns; and (8) if any provision of this Agreement is found to be invalid or unenforceable, the validity or enforceability of any other provision of this Agreement shall not be affected thereby. N.,......_Specal Irrevocable .Durable Power_vf, Attorn"_. Seller hereby grants Purchaser. or its assigns, a Special Irrevocable Durable Power of Attorney with full power of substitution, to act in Seller's name, place and stead regarding the Assigned Payments, including, without limitation, the authority to negotiate, endorse and execute checks, drafts and other instruments in Seller's name, the power to alter, edit and change payment instructions and/or beneficiary designations and any other act it deems necessary to obtain all the benefits of the bargain contemplated by this Agreement. This durable power of attorney shall be coupled with an interest, and shall survive Seller's death, disability, incompetence or incapacity. Seller declares this durable power of attorney to be irrevocable and renounces all right to revoke it or appoint any other person to perform the acts referred to in this provision. 4 ._Indep rrdent Advice. Purchaser advises Seller to seek independent professional advice regarding the transaction contemplated by this Agreement. Seller (1) has had the opportunity to receive legal, tax, financial, accounting andlor business or personal advice regarding the transaction contemplated by this Agreement from Seller's own legal, tax, financial accounting and/or other advisors and has either received such advice or has knowingly and voluntarily waived and declined the opportunity to seek such advice; (ii) Seller has not received any financial, accounting, tax, legal, business, or other advice from the Purchaser; (Iii) Seiler has not relied on any representations or statements made by Purchaser, Purchaser's agents or attorneys in connection with this transaction of the tax consequences hereof and (iv) Seller has relied solely upon the advice of Seller's own financial, tax, legal, business and other advisors in entering into this Agreement. Seller further acknowledges that Seller is fully aware of the economic consequences of the transaction contemplated by this Agreement. This is an important financial transaction and Seller should consult with his/her own advisors regarding said transaction. [Signatures and Acknowledgment on Following Page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives effective as of the date first set forth above. SELLER: r'-° (SEAL) Sean Brooks The foregoing Agreement, and specifically the Special Irrevoc le,Rurable Power of Attorney in provision N., was acknowledged before me this day of 2007 by Sean Brooks, who is personally known to me or has produced C tyPe of identification) as identification wh© didke?Qath COMMONWEALTH OF PENNSYLVANIA F ?. NOTARIAL SEAL (stantame) Carolann Wendland - Notary Public C'av a°"? = a x MY CppddeMn T p., Cumberlannty APR Co 0111 (pdet am•) NOTARY PUBLIC, State of Icy Commission Expires: `- PURCHAII Seneca One, LL (SEAL) BY:?L ' ?w, L Stephen Loo a r . Chief Operating Officer State of County of Sworn to and subscribed before me on the ` ..t day of , Notary PuW1c's Slgrwture _ ' My Commksuun ExVr" j COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Carolann Wendland - Notary Public Hampden Twp., Cumberland County My COMMISSION EXPIRES APR. 23, 201 1 6 AFFIDAVIT IN SUPPORT OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS BY SEAN BROOKS 1, Sean Brooks, am over the age of eighteen. I have personal knowledge of all the facts stated in this declaration, and if called as a witness, I could and would competently testify as follows- 1 . This declaration is made in support of Seneca One, LLC Petition for Court Approval for Transfer of Structured Settlement Payment flights by and between Seneca One, LLC and me. 2. 1 am a resident of and domiciled in the State of Pennsylvania, County of Cumberland. I currently reside at 107 November Drive Apt # 2, Camp Hills, PA 17011. 3. 1 am 27 years of age, married, with two minor child. I am employed at Arby's and I earn approximately $10,00000 per year. My spouse is employed as a day care worker and earns approximately $12,000.00 per year. If this transaction is approved, I will receive $13,484.35. 4. Pursuant to the Transfer and Assignment Agreement, I have agreed to sell my interest in the following annuity payments, due under a structured settlement: Ninety-Four (94) monthly payments in the amount of $867.85 beginning with the payment due on or about March 1, 2020 continuing through and including the payment due on or about December 1, 2027 (increasing 2% annually in June); One (1) payment of $50,000.00 due on or about June 27, 2020 ("Assigned Payments"). In exchange for the Assigned Payments I will receive $13,484.35 from Seneca One, LLC. 5. 1 was provided with a written disclosure in accordance with State law no less than 10 days prior to incurring an obligation under Transfer and Assignment Agreement I hereby acknowledge and agree to its contents. EXHIBIT 6. 1 intend to use the money I receive from Seneca One, LLC to purchase a reliable used car. I am currently looking to purchase a used car that costs approximately $12,000.00. Purchasing a car will improve my life in a variety of ways. I currently do not have a reliable mode of transportation. Therefore I need to rely on family and friends and public transportation in order to get to my destination. These resources are often unreliable and consequently result in my being late or unable to get to scheduled appointments, including getting to work and taking and picking up my children from school and daycare. Being able to do these things, and having the independence of owning transportation brings, will improve the quality of my life substantially. With the remainder of the funds I will tag, title and insure the vehicle. Moreover, with the funds I receive from Seneca One, LLC I will be able to purchase the car outright and therefore I will have no monthly payments. For these reasons, I feel it is in my best interest to sell the Assigned Payments to Seneca One,. LLC in exchange for an immediate lump sum payment. 7. There are no additional beneficiaries under the annuity policy or other individuals that would qualify as interested parties entitled to receive notice of this matter under State law. 6. As part of that separate written disclosure, I have been advised to seek independent professional advice in connection with the transfer and I knowingly and voluntarily elected not to consult with an independent professional advice regarding the transfer of the Assigned Payments. 9. I have reviewed copies of (1) the Transfer and Assignment Agreement offered by Seneca One, LLC; and, (2) a copy of the disclosures required by Pennsylvania law. I understand the nature and terms of the transaction. I am entering into the transaction with Seneca One, LLC, of my own free will and volition, and without reservation, duress or undue influence. 10. Based on the foregoing, I respectfully request that the Court find that this transfer is in my best interest and grant the Transfer of Structured Settlement Payment Rights as set forth in the Transfer and Assignment Agreement. I declare under penalty of perjury of the laws of the State of ± that the foregoing is true and correct and that this declaration was executed on the " f. day of , 2007 at L L1-1 a L f, -- Sean Brooks The foregoing instrument was acknowledged before me this 7--(, day of ?) _)(, 2007, by Sean Brooks, who is personally known to me or has prod ed (type of identification) as identification and,who-did-t"an-Gath-. -- t v t i (sign name) 4 i "3 Y.. ? a 2 (print name) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Carolann Wendland - Notary Public Hampden Up., Cumberland County MY COMMISSION EXP'RES APR. 11,2111 State of County of Sworn to and subscribed befo, me on the` , day of Notary Public's signature My commisslQn Ey'Wra s NOTARY PUBLIC, State of My Commission Expires:41 - <` coMMON EALTH OF PENNSYLVANIA NOTARIAL SEAL Carolann wendland - Notary Public Hampden TwP., Cumberland County MY COMMt5SiON EXPIRES AP 32011 DISCLOSURE STATEMENT This Disclosure Statement is being provided by Seneca One, LLC ("Purchaser") to Sean Brooks ("Seller") in connection with Seller's agreement to transfer and assign to Purchaser certain structured settlement payment rights due to Seller. This Disclosure Statement is being provided pursuant to Pennsylvania law. 1. Schedule. of Payments Transferred: Seller is transferring all of Seller's right, title and interest in the following payments to Purchaser: Ninety-Four (94) monthly payments in the amount of $867.85 beginning with the payment due on or about March 1, 2020 continuing through and including the payment due on or about December 1, 2027 (increasing 2%o annually in June) and One (1) payment of $50,000.00 due on or about June 27, 2020 . Aggregate. Amount of Payments Transferred: $137,005.88 3. Gross Amount to Seller: $'13,484.35 4. Transfer Expenses: Seller will be responsible for the following commissions, fees, expenses, and charges in connection with the closing of this transaction: None $0.00 EXHIBIT 5. Net Amount to Seller: $13,484.35 Seller understands that Seller will receive the Net Advance Amount less (i) any advances made to Seller or on Seller's behalf by Purchaser; and (ii) any amounts necessary to satisfy any outstanding liens, judgments, and credit-based obligations, pursuant to the terms of the transfer agreement. 6. Estimate of the Present Fair Market Value of the Transferred Rgyments: The calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities is $58,555.33 using the applicable federal rate of 5.600%. 7. Quotient: $137484.35 - $58,555.33 = 23.028%0 Net Amount Payable divided by the Present Fair Market Value 8. Penalty _ in the Event of Breach of Contract: The amount of any penalty or liquidated damages, payable to Purchaser by Seller in the event the transfer agreement is breached by Seller shall be ZERO Dollars ($0.00). 9. Independent Professienal Advice: You are advised to seek independent professional advice regarding the transfer. 10. Acknowledgment of Disclosure Statement: Seller acknowledges that this disclosure statement was provided at least ten days prior to becoming obligated under a transfer agreement. [Signature on Following Page] 1, Sea Brooks, acknowledge and confirms that I have read this Disclosure Statement and understand the transaction and believe that the terms of the transaction are fair and reasonable and that the transaction is in my best interest, 3 f f .? Sean Brooks IMPORTANT NOTICE: You are strongly urged to consult with an attorney who can advise you of the potential tax consequences of this transaction. ZLZ Sean Brooks EXHIBIT ,CK OWWLEG GM _h T QE P-RO-F $Sl-O SAL ADVICE 1, Sean Brooks, Seiler under that certain Transfer and Assignment Agreement dated on or about June 2, 2007 (the "Transfer Agreement") hereby acknowledge, confirm, and agree that Seneca One, LLC has advised me, in writing, to seek independent professional advice from an attorney, certified public accountant, actuary, or other licensed adviser regarding the transaction described in the Transfer Agreement. I acknowledge that (cheek one and insert name, address and telephone number of adviser, if applicable), I have received such professional advice from (please include statement signed by adviser on company letterhead) I have knowingly and voluntarily decided not to seek any professional advice regardinc transaction with Seneca One, LLC Sean Brooks -= EXHIBIT iw- K SPOUSAL CONSENT I, Tamizine Brooks, whose address is 107 November Dave Ap, 2, Camp Hills, PA 17011, am the spouse of Sean Brooks who has entered into the attached Transfer and Assignment Agreement (the "Agreement") dated June 2, 2007 with Seneca One, LLC. I consent to my spouse entering into the Agreement and furthermore to the application to a Court of competent jurisdiction for an appropriate order assigning the Assigned Payments to Seneca One, LLC or its assigns, in accordance with the terms of the Agreement, I have fully read the Agreement and understand its terms, I waive any objection to my spouse's sale of the Assigned Payments as described in the Agreement and l consent to such sale. Witness my hand and signature this day of June, 2007. '1 I. rn Ll?„T}A Tamizine Br , ks ? ? 1 *i i `? 1,-`?ffA i?•l i ?,- ` ? `? ' p ,?/^Q?/ r '? ?' } ? ? Then personally appeared the above named Zami Sax;ks and acknowledged the foregoing deed, before me. of'1 '? JZ.? 1 Z1J? 1 instr ment to be his/her free u act annd j . t rr tt ? N- l+ I-,:, V , I 7wv• ' t 1 4 t ? ! g ?• Cis "C ? .Z? Notary Public My Commission Expires: '?- ) 7 0 i 'v \ C1 - e roc . h-) ? - ? Z Y?l Tr 1? COMMONWEALTH OF PENNSYLVANIA NOTARIAL S G?U1t rid, t EAL Carolann wendland - Notary public Hampden Twp., Cumberland County MY COMMISSION El(PIRfS APR. 23, 2011 F"HIBIT 26 USCA § 5891 26 U.S.C.A. § 5891 I.R.C. § 5891 UNITED STATES CODE ANNOTATED TITLE 26. INTERNAL REVENUE CODE SUBTITLE E--ALCOHOL TOBACCO, AND CERTAIN OTHER EXCISE TAXES CHAPTER 55--STRUCTURED SETTLEMENT FACTORING TRANSACTIONS Copr. © West Group 2002. No claim to Orig. U.S. Govt. Works. Current through P.L. 107-136, approved 1-24-02 & 5891. Structured settlement factoring transactions Page 1 (a) Imposition of tax.--There is hereby imposed on any person who acquires directly or indirectly structured settlement payment rights in a structured settlement factoring transaction a tax equal to 40 percent of the factoring discount as determined under subsection (c)(4) with respect to such factoring transaction. (b) Exception for certain approved transactions.-- (1) In general.--The tax under subsection (a) shall not apply in the case of a structured settlement factoring transaction in which the transfer of structured settlement payment rights is approved in advance in a qualified order. (2) Qualified order.--For purposes of this section, the term "qualified order" means a final order, judgment, or decree which-- (A) finds that the transfer described in paragraph (1)-- (i) does not contravene any Federal or State statute or the order of any court or responsible administrative authority, and (ii) is in the best interest of the payee, taking into account the welfare and support of the payee's dependents, and (B) is issued-- (i) under the authority of an applicable State statute by an applicable State court, or (ii) by the responsible administrative authority (if any) which has exclusive jurisdiction over the underlying action or proceeding which was resolved by means of the structured settlement. (3) Applicable State statute.--For purposes of this section, the term "applicable State statute" means a statute providing for the entry of an order, judgment, or decree described in paragraph (2)(A) which is enacted by-- (A) the State in which the payee of the structured settlement is domiciled, or (B) if there is no statute described in subparagraph (A), the State in which either the party to the structured settlement (including an assignee under a qualified assignment under section 130) or the person issuing the funding asset for the structured settlement is domiciled or has its principal place of business. (4) Applicable State court.--For purposes of this section-- (A) In general.--The term "applicable State court" means, with respect to any applicable State statute, a court of Copr. © West 2002 No Claim to Orig. U.S. Govt. Works EXHIBIT 12-1 26 USCA § 5891 Page 2 26 U.S.C.A. § 5891 the State which enacted such statute. (B) Special rule.--In the case of an applicable State statute described in paragraph (3)(B), such term also includes a court of the State in which the payee of the structured settlement is domiciled. (5) Qualified order dispositive.--A qualified order shall be treated as dispositive for purposes of the exception under this subsection. (c) Definitions.--For purposes of this section-- (1) Structured settlement.--The term "structured settlement" means an arrangement-- (A) which is established by-- (i) suit or agreement for the periodic payment of damages excludable from the gross income of the recipient under section 104(a)(2), or (ii) agreement for the periodic payment of compensation under any workers' compensation law excludable from the gross income of the recipient under section 104(a)(1), and (B) under which the periodic payments are-- (i) of the character described in subparagraphs (A) and (B) of section 130(c)(2), and (ii) payable by a person who is a party to the suit or agreement or to the workers' compensation claim or by a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with section 130. (2) Structured settlement payment rights.--The term "structured settlement payment rights" means rights to receive payments under a structured settlement. (3) Structured settlement factoring transaction.-- (A) In general.--The term "structured settlement factoring transaction" means a transfer of structured settlement payment rights (including portions of structured settlement payments) made for consideration by means of sale, assignment, pledge, or other form of encumbrance or alienation for consideration. (B) Exception.--Such term shall not include-- (i) the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution in the absence of any action to redirect the structured settlement payments to such institution (or agent or successor thereof) or otherwise to enforce such blanket security interest as against the structured settlement payment rights, or (ii) a subsequent transfer of structured settlement payment rights acquired in a structured settlement factoring transaction. (4) Factoring discount.--The term "factoring discount" means an amount equal to the excess of-- (A) the aggregate undiscounted amount of structured settlement payments being acquired in the structured settlement factoring transaction, over (B) the total amount actually paid by the acquirer to the person from whom such structured settlement payments are acquired. (5) Responsible administrative authority.--The term "responsible administrative authority" means the Copr. C West 2002 No Claim to Orig. U.S. Govt. Works • 26 USCA § 5891 26 U.S.C.A. § 5891 Page 3 administrative authority which had jurisdiction over the underlying action or proceeding which was resolved by means of the structured settlement. (6) State.--The term "State" includes the Commonwealth of Puerto Rico and any possession of the United States. (d) Coordination with other provisions.-- (1) In general.--If theapplicable requirements of sections 72, 104(a)(1), 104(a)(2), 130, and 461(h) were satisfied at the time the structured settlement involving structured settlement payment rights was entered into, the subsequent occurrence of a structured settlement factoring transaction shall not affect the application of the provisions of such sections to the parties to the structured settlement (including an assignee under a qualified assignment under section 130) in any taxable year. (2) No withholding of tax.--The provisions of section 3405 regarding withholding of tax shall not apply to the person making the payments in the event of a structured settlement factoring transaction. CREDIT(S) 2002 Pocket Part (Added Pub.L. 107-134, Title 1, § 115(a), Jan. 23, 2002, 115 Stat. 2436.) <General Materials (GM) - References, Annotations, or Tables> HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 2002 Acts. Statement of President, see 2001 U.S. Code Cong. and Adm. News, p. 1812. Effective and Applicability Provisions 2002 Acts. Pub.L. 107-134, Title 1, § 115(c), Jan. 23, 2002, 115 Stat. 2438, provided that: "(1) In general.--The amendments made by this section [enacting this chapter] (other than the provisions of section 5891(d) of the Internal Revenue Code of 1986, as added by this section [26 U.S.C.A. § 5891(d)]) shall apply to structured settlement factoring transactions (as defined in section 5891(c) of such Code (as so added) [26 U.S.C.A. § 5891(c)]) entered into on or after the 30th day following the date of the enactment of this Act [Jan. 23, 2002]. 11(2) Clarification of existing law.--Section 5891(d) of such Code (as so added) [26 U.S.C.A. § 5891(d)] shall apply to structured settlement factoring transactions (as defined in section 5891(c) of such Code (as so added) [26 U.S.C.A. § 5891(c)]) entered into before, on, or after such 30th day. "(3) Transition rule.--In the case of a structured settlement factoring transaction entered into during the period beginning on the 30th day following the date of the enactment of this Act [Jan. 23, 2002] and ending on July 1, Copr. 0 West 2002 No Claim to Orig. U.S. Govt. Works ' 26 USCA § 5891 Page 4 26 U.S.C.A.§ 5891 2002, no tax shall be imposed under section 5891(a) of such Code [26 U.S.C.A. § 5891(a)] if-- "(A) The structured settlement payee is domiciled in a State (or possession of the United States) which has not enacted a statute providing that the structured settlement factoring transaction is ineffective unless the transaction has been approved by an order, judgment, or decree of a court (or where applicable, a responsible administrative authority) which finds that such transaction-- "(i) does not contravene any Federal or State statute or the order of any court (or responsible administrative authority); and "(ii) is in the best interest of the structured settlement payee or is appropriate in light of a hardship faced by the payee; and "(B) the person acquiring the structured settlement payment rights discloses to the structured settlement payee in advance of the structured settlement factoring transaction the amounts and due dates of the payments to be transferred, the aggregate amount to be transferred, the consideration to be received by the structured settlement payee for the transferred payments, the discounted present value of the transferred payments (including the present value as determined in the manner described in section 7520 of such Code [26 U.S.C.A. 75201), and the expenses required under the terms of the structured settlement factoring transaction to be paid by the structured settlement payee or deducted from the proceeds of such transaction." 26 U.S.C.A.§ 5891 26 USCA § 5891 END OF DOCUMENT Copr. 0 West 2002 No Claim to Orig. U.S. Govt. Works w .? J H CO -r - _, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF SEAN BROOKS TO TRANSFER STRUCTURED : No. SETTLEMENT PAYMENT RIGHTS ORDER SCHEDULING HEARING DATE AND NOW, this ?y day of 2007, upon the filing of the Petition to Transfer Structured Settlement Payment Rights herein, it is hereby ORDERED that a hearing is da of set for the Q y A,? / 2007 at//.'. in Courtroom No. of the Cumberland County Courthouse, before the Honorable Z- , .tdo Petitioner shall provide notice of the time and date set for hearing, a copy of the Petition, and the Transfer Disclosure, to the Settlement Obligor, and the Annuity Issuer, and shall in all other respects comply with the terms of the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009. COURT: J. !? i 4. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF SEAN BROOKS TO TRANSFER STRUCTURED No. 07-3533 Civil Term SETTLEMENT PAYMENT RIGHTS NOTICE OF HEARING FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS Please take notice that a Petition to Transfer Structured Settlement Payment Rights has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania. Responses or objections of the transferee, structured settlement obligor or the annuity issuer, must be brought before the court at a hearing set for Thursday, July 26, 2007 at 11:30 a.m. in Courtroom No. 3 of the Cumberland County Courthouse, before the Honorable Edward E. Guido, in Carlisle, Pennsylvania. Provided with this notice is a copy of the scheduling Order issued by the Court, attached as Exhibit "A." Pursuant to 40 P.S. § 4003 (6) notice of the transferee's name and address are as follows: Seneca One Finance, LLC 7920 Norfolk Avenue, Suite 300 Bethesda, MD 2081.4 Respectfully submitted, Swartz Campbell LLC By: Ronald EReitz Pa. I.D. No. 55408 4750 US Steel Tower 600 Grant Street Pittsburgh, PA 15219 (412) 232-9800 Attorney for Petitioner, Seneca One Finance, LLC Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this NOTICE OF HEARING FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS has been served by via certified mail on this R P"Y"-day of A Y/AP 2007, on: Allstate Assignment Company Att'n: LISA STERNER 544 W. Lakeview Parkway, Suite L2A Vernon Hills, IL 60061 ("Settlement Obligor") Allstate Life Insurance Company of NY Attn: LISA STERNER 544 W. Lakeview Parkway, Suite L2A Vernon Hills, IL 60061 ("Annuity Issuer") and by regular U.S. mail, postage prepaid to: Simone M. Gremillion, Paralegal Seneca One Finance, LLC 7920 Norfolk Avenue, Suite 300 Bethesda, MD 20814 ("Transferee") Sean Brooks 107 November Drive, Apt. 2 Camp Hill, PA 17011 ("Payee/Petitioner") Swartz a bell LLC By: 4V Ronald Reitz Page 3 of 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF SEAN BROOKS . TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS ORDER SCHEDULING HEARING DATE AND NOW, this ?d day of A./l4IV ? , 2007, upon the filing of the Petition to Transfer Structured Settlement Payment Rights herein, it is hereby ORDERED that a hearing is set for the.,,?day of2007 in Courtroom No. of the Cumberland County Courthouse, before the Honorable ?f 4v?'?'i2f?( E. C14..`dG . Petitioner shall provide notice of the time and date set for hearing, a copy of the Petition, and the Transfer Disclosure, to the Settlement Obligor, and the Annuity Issuer, and shall in all other respects comply with the terms of the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009. BY TOE COURT: J. EXHIBIT 9 `-3 r. . r 15 , IN RE: IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA PETITION OF SEAN BROOKS TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS NO. 07-3533 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of July, 2007, after hearing, we find that it is not in the Petitioner's best interests to transfer the structured settlement payment rights, and, therefore, the petition is denied without prejudice to refile. B-1 Edward E. Guido, J. ,Aonald E. Reitz, Esquire 4750 US Steel Tower 600 Grant Street Pittsburgh, PA 15219 Attorney for Petitioner, Seneca One Finance, LLC srs r ? ?'p,7(irl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF SEAN BROOKS TO TRANSFER STRUCTURED : No. 07-3533 Civil Term SETTLEMENT PAYMENT RIGHTS ORDER AND NOW, this day of8eteber, 2007, upon consideration of the Petition for Court Approval of the Transfer of Structured Settlement Payment Rights by Sean Brooks a/k/a Sean M. Brooks ("Mr. Brooks") to Seneca One, LLC ("Seneca One") pursuant to 40 P.S. § 4001 et seq., and any response thereto, the Court hereby makes the following findings: 1. The Court has jurisdiction over this matter pursuant to the Pennsylvania Structured Settlement Protection Act, 40 P.S. § 4001 et seq. 2. The transfer of the structured settlement proceeds, specifically monthly payments in the amount of $867.85, increasing 2% every June 1St, beginning on March 1, 2020 continuing through and including December 1, 2027, and one lump sum payment of $50,000.00 due on June 27, 2020 (the "Assigned Payments"), by Mr. Brooks to Seneca One as described in the purchase agreement (the "Purchase Agreement") between Mr. Brooks and Seneca One and in the petition in this matter (the "Proposed Transfer") (i) does not contravene any applicable federal or state statute or the order of any court or responsible administrative or governmental authority or any applicable law limiting the transfer of workers' compensation claims, and (ii) is in the best interest of Mr. Brooks, taking into account the welfare and support of Mr. Brooks's dependents, and whether the discount rate used to determine the gross advance amount, and the fees and expenses used to determine the net advance amount is fair and reasonable. .'r 3. The Proposed Transfer complies with the requirements of the Structured Settlement Protection Act, 40 P.S. § 4001 et seq. and GOL § 5-1701 et seq., and does not contravene other applicable law. 4. Not less than 10 days prior to the date on which Mr. Brooks first incurred any obligation with respect to the Proposed Transfer, Seneca One provided to Mr. Brooks a disclosure statement in full compliance with 40 P.S. § 4003(a)(2) and GOL § 5-1703. 5. Mr. Brooks has received or expressly waived, in a separate written acknowledgment signed by Mr. Brooks, independent legal advice regarding the implications of the Proposed Transfer, including consideration of the tax ramifications of the Proposed Transfer. 6. Mr. Brooks has given written notice of Seneca One's name, address and taxpayer identification number to Allstate Life Insurance Company of New York ("Allstate Life NY") and Allstate Assignment Company (collectively, "Allstate"), and has filed a copy of such notice with the Court. 7. Mr. Brooks has timely filed and served on all interested parties, including Allstate, a notice of the Proposed Transfer and the application for its authorization in compliance with the requirements of 40 P.S. § 4004. 8. The Purchase Agreement and all disclosures are written in plain language and in compliance with GOL § 5-702. 9. Mr. Brooks has consented, in writing, to the Proposed Transfer. 10. Seneca One, LLC assigned all of its contract rights to Route 28 Receivables, LLC ("Route 28"), P.O. Box 13256, Newark, NJ 07101-3256, tax id no. 20-5108765. Based upon the foregoing findings, IT IS HEREBY ORDERED that: Pursuant to 40 P.S. § 4003, the Proposed Transfer is approved. Until the due date of the last Assigned Payment, the designated beneficiary under annuity contract no. SSNY01223A shall be the Estate of Mr. Brooks. However, Mr. Brooks's death shall not affect the right of Seneca One or its assign, Route 28, to receive the Assigned Payments. 2. Allstate Life NY shall forward the Assigned Payments, within 7 days of the date due, to Seneca One's designated assignee, Route 28, by check made payable to "Route 28 Receivables, LLC," at the following address: Route 28 Receivables, LLC P.O. Box 13256 Newark, N.J. 07101-3256 (the "Designated Address'), as follows: monthly payments in the amount of $867.85, increasing 2% every June 1St, beginning on March 1, 2020 continuing through and including December 1, 2027, and one lump sum payment of $50,000.00 due on June 27, 2020. 3. It is understood and agreed that Route 28 is authorized to make subsequent assignments or transfers of the Assigned Payments (a "Reassignment") except that, regardless of any such Reassignment, the Assigned Payments will continue to be serviced by Route 28 (or an agent on its behalf). In other words, the Assigned Payments will continue to be made by Allstate to Route 28 at the Designated Address only, regardless of any Reassignment. However, if for reasons beyond the control of Route 28, or due to Route 28 being merged with or acquired by another individual or entity, or for traditional address change purposes the Designated Address is no longer valid (i.e., if Route 28 moves or for other reasons the Designated Address is no longer a viable address for Route 28 to receive payments), Allstate will make the Assigned Payments to a new address. Notwithstanding the foregoing, the parties' Stipulation will remain binding and fully enforceable against Seneca One and Route 28. v I . 4. All remaining Periodic Payments (and/or portions thereof), including but not limited to the balance of $277.26, increasing 2% every June 1St, out of each monthly payment of $1,145.11, increasing 2% every June 1St, beginning on March 1, 2020 through and including December 1, 2027, that are not the subject of the Proposed Transfer and not previously assigned, shall be made payable to Mr. Brooks and will be forwarded by Allstate Life NY, as they become due, to Mr. Brooks' most recent known address or any payment address designated by Mr. Brooks, subject to Allstate's consent. 5. The net lump sum to be paid to Petitioner will be deposited into a restricted checking account titled in Mr. Brooks' name only, currently opened at Citizens Bank, 3301 Trindle Road, Camp Hill, PA 17011 (717-730-4300). This account shall be restricted with the notation that "no funds are to be withdrawn or disbursed from this account without approval of the Court of Common Pleas of Cumberland County." Petitioner, Sean Brooks, is required to petition the Court each time he wishes to obtain authorization for a disbursement or withdrawal from said account. No funds will be released from the aforementioned restricted account without direction via a Court Order. 6. Seneca One and Route 28 shall defend, indemnify, and hold harmless Allstate and its directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present, from and against any and all liability, including but not limited to costs and reasonable attorney's fees, for any and all claims made in connection with, related to, or arising out of the Purchase Agreement, the Proposed Transfer, the Assigned Payments, any Reassignment, or Allstate's compliance with the parties' Stipulation or this Order, except with respect to claims by Seneca One and Route 28 against Allstate to enforce Allstate's obligations to Seneca One and Route 28 under the parties' Stipulation. To the extent that Seneca One and Route 28 fail to honor this indemnification and defense obligation after presentation to each of documentation describing the related liability of Allstate in reasonable detail, Allstate may, in addition to all other remedies afforded by law, satisfy the same by withholding to its own credit any remaining Assigned Payments. 7. Allstate's lack of opposition to this matter, or its, Seneca One's or Route 28's stipulation hereto or compliance herewith, shall not constitute evidence in this or any matter, and is not intended to constitute evidence in this or any matter, that: 1) payments under a structured settlement contract or annuity or related contracts can be assigned or that "anti-assignment" or "anti-encumbrance" provisions in structured settlement contracts or annuities or related contracts are not valid and enforceable; or 2) other transactions entered into by Seneca One and/or Route 28 and their customers constitute valid sales and/or loans; or 3) Allstate has waived any right in connection with any other litigation or claims; or 4) Seneca One or Route 28 has waived any right other than as expressly set forth in the parties' Stipulation and/or this Order. 8. Seneca One, Route 28 and Mr. Brooks, for themselves and for their respective directors, shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, administrators, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the "Releasors"), hereby remise, release and forever discharge Allstate and its directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the "Allstate Releasees"), of and from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, settlements, damages, claims, and demands whatsoever, in law or in equity, in connection with, related to, or arising out of any claim or allegation that was or could have been asserted in connection with, related to, or arising out of the Purchase Agreement, the Assigned Payments, any Reassignment, the Proposed Transfer, or the parties' Stipulation, which the Releasors have or had from the beginning of the world through the date of this Order, except for claims of Releasors against the Allstate Releasees to enforce the Allstate Releasees' obligations to Releasors, if any, under the parties' Stipulation or this Order. Judge SEEN and AGREED can Brooks, pro se zr,3? arm g3,1 - L4/LIJ/ r? - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SEAN BROOKS CIVIL DIVISION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS Docket No.: 07-3533 NOTICE OF SERVICE OF FINAL ORDER Filed on behalf of Petitioner, Sean Brooks Counsel of Record for this Party: Ronald E. Reitz Pa. I.D. No. 55408 SWARTZ CAMPBELL LLC Firm Pa. I.D. No. 765 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 (412) 232-9800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SEAN BROOKS TO TRANSFER STRUCTURED No. 07-3533 Civil Term SETTLEMENT PAYMENT RIGHTS NOTICE OF FINAL ORDER PLEASE TAKE NOTICE that a Final Order approving the Transfer of Structured Settlement Payment Rights has been entered in this matter. A true and correct copy of the Final Order is attached to this notice as Exhibit "A". Respectfully submitted, Swartz ampbell LLC By: a --- Ronald E. Reitz Pa. I.D. No. 55408 4750 US Steel Tower 600 Grant Street Pittsburgh, PA 15219 (412) 232-9800 Attorney for Petitioner, Sean Brooks CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing NOTICE OF SERVICE OF FINAL ORDER was served on the parties listed below via U.S. First Class Mail, postage pre-paid, on this 1% day of _ JOU4. ? , 2007: Allstate Assignment Company Att'n: LISA STERNER 544 W. Lakeview Parkway, Suite L2A Vernon Hills, IL 60061 ("Settlement Obligor") Allstate Life Insurance Company of NY Att'n: LISA STERNER 544 W. Lakeview Parkway, Suite L2A Vernon Hills, IL 60061 ("Annuity Issuer") Simone M. Gremillion, Paralegal Seneca One Finance, LLC 7920 Norfolk Avenue, Suite 300 Bethesda, MD 20814 ("Transferee") Sean Brooks 107 November Drive, Apt. 2 Camp Hill, PA 17011 ("Payee/Petitioner") SwarSE l LLC By: Ronald E. Reitz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF SEAN BROOKS TO : TRANSFER STRUCTURED : No. 07-3533 Civil Term SETTLEMENT PAYMENT RIGHTS ORDER AND NOW, this day of9etobw, 2007, upon consideration of the Petition for Court Approval of the Transfer of Structured Settlement Payment Rights by Sean Brooks a/k/a Sean M. Brooks ("Mr. Brooks") to Seneca One, LLC ("Seneca One") pursuant to 40 P.S. § 4001 et seq., and any response thereto, the Court hereby makes the following findings: 1. The Court has jurisdiction over this matter pursuant to the Pennsylvania Structured Settlement Protection Act, 40 P.S. § 4001 et seq. 2. The transfer of the structured settlement proceeds, specifically monthly payments in the amount of $867.85, increasing 2% every June 1St, beginning on March 1, 2020 continuing through and including December 1, 2027, and one lump sum payment of $50,000.00 due on June 27, 2020 (the "Assigned Payments"), by Mr. Brooks to Seneca One as described in the purchase agreement (the "Purchase Agreement") between Mr. Brooks and Seneca One and in the petition in this matter (the "Proposed Transfer") (i) does not contravene any applicable federal or state statute or the order of any court or responsible administrative or governmental authority or any applicable law limiting the transfer of workers' compensation claims, and (ii) is in the best interest of Mr. Brooks, taking into account the welfare and support of Mr. Brooks's dependents, and whether the discount rate used to determine the gross advance amount, and the fees and expenses used to determine the net advance amount is fair and reasonable. 3. The Proposed Transfer complies with the requirements of the Structured Settlement Protection Act, 40 P.S. § 4001 et seq. and GOL § 5-1701 et seq., and does not contravene other applicable law. 4. Not less than 10 days prior to the date on which Mr. Brooks first incurred any obligation with respect to the Proposed Transfer, Seneca One provided to Mr. Brooks a disclosure statement in full compliance with 40 P.S. § 4003(a)(2) and GOL § 5-1703. 5. Mr. Brooks has received or expressly waived, in a separate written acknowledgment signed by Mr. Brooks, independent legal advice regarding the implications of the Proposed Transfer, including consideration of the tax ramifications of the Proposed Transfer. 6. Mr. Brooks has given written notice of Seneca One's name, address and taxpayer identification number to Allstate Life Insurance Company of New York ("Allstate Life NY") and Allstate Assignment Company (collectively, "Allstate"), and has filed a copy of such notice with the Court. 7. Mr. Brooks has timely filed and served on all interested parties, including Allstate, a notice of the Proposed Transfer and the application for its authorization in compliance with the requirements of 40 P.S. § 4004. 8. The Purchase Agreement and all disclosures are written in plain language and in compliance with GOL § 5-702. 9. Mr. Brooks has consented, in writing, to the Proposed Transfer. 10. Seneca One, LLC assigned all of its contract rights to Route 28 Receivables, LLC ("Route 28"), P.O. Box 13256, Newark, NJ 07101-3256, tax id no. 20-5108765. Based upon the foregoing findings, IT IS HEREBY ORDERED that: 1. Pursuant to 40 P.S. § 4003, the Proposed Transfer is approved. Until the due date of the last Assigned Payment, the designated beneficiary under annuity contract no. SSNY01223A shall be the Estate of Mr. Brooks. However, Mr. Brooks's death shall not affect the right of Seneca One or its assign, Route 28, to receive the Assigned Payments. 2. Allstate Life NY shall forward the Assigned Payments, within 7 days of the date due, to Seneca One's designated assignee, Route 28, by check made payable to "Route 28 Receivables, LLC," at the following address: Route 28 Receivables, LLC P.O. Box 13256 Newark, N.J. 07101-3256 (the "Designated Address"), as follows: monthly payments in the amount of $867.85, increasing 2% every June 1St, beginning on March 1, 2020 continuing through and including December 1, 2027, and one lump sum payment of $50,000.00 due on June 27, 2020. 3. It is understood and agreed that Route 28 is authorized to make subsequent assignments or transfers of the Assigned Payments (a "Reassignment") except that, regardless of any such Reassignment, the Assigned Payments will continue to be serviced by Route 28 (or an agent on its behalf). In other words, the Assigned Payments will continue to be made by Allstate to Route 28 at the Designated Address only, regardless of any Reassignment. However, if for reasons beyond the control of Route 28, or due to Route 28 being merged with or acquired by another individual or entity, or for traditional address change purposes the Designated Address is no longer valid (i.e., if Route 28 moves or for other reasons the Designated Address is no longer a viable address for Route 28 to receive payments), Allstate will make the Assigned Payments to a new address. Notwithstanding the foregoing, the parties' Stipulation will remain binding and fully enforceable against Seneca One and Route 28. 4. All remaining Periodic Payments (and/or portions thereof), including but not limited to the balance of $277.26, increasing 2% every June 1St, out of each monthly payment of $1,145.11, increasing 2% every June 1St, beginning on March 1, 2020 through and including December 1, 2027, that are not the subject of the Proposed Transfer and not previously assigned, shall be made payable to Mr. Brooks and will be forwarded by Allstate Life NY, as they become due, to Mr. Brooks' most recent known address or any payment address designated by Mr. Brooks, subject to Allstate's consent. 5. The net lump sum to be paid to Petitioner will be deposited into a restricted checking account titled in Mr. Brooks' name only, currently opened at Citizens Bank, 3301 Trindle Road, Camp Hill, PA 17011 (717-730-4300). This account shall be restricted with the notation that "no funds are to be withdrawn or disbursed from this account without approval of the Court of Common Pleas of Cumberland County." Petitioner, Sean Brooks, is required to petition the Court each time he wishes to obtain authorization for a disbursement or withdrawal from said account. No funds will be released from the aforementioned restricted account without direction via a Court Order. 6. Seneca One and Route 28 shall defend, indemnify, and hold harmless Allstate and its directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present, from and against any and all liability, including but not limited to costs and reasonable attorney's fees, for any and all claims made in connection with, related to, or arising out of the Purchase Agreement, the Proposed Transfer, the Assigned Payments, any Reassignment, or Allstate's compliance with the parties' Stipulation or this Order, except with respect to claims by Seneca One and Route 28 against Allstate to enforce Allstate's obligations to Seneca One and Route 28 under the parties' Stipulation. To the extent that Seneca One and Route 28 fail to honor this indemnification and defense obligation after presentation to each of documentation describing the related liability of Allstate in reasonable detail, Allstate may, in addition to all other remedies afforded by law, satisfy the same by withholding to its own credit any remaining Assigned Payments. 7. Allstate's lack of opposition to this matter, or its, Seneca One's or Route 28's stipulation hereto or compliance herewith, shall not constitute evidence in this or any matter, and is not intended to constitute evidence in this or any matter, that: 1) payments under a structured settlement contract or annuity or related contracts can be assigned or that "anti-assignment" or "anti-encumbrance" provisions in structured settlement contracts or annuities or related contracts are not valid and enforceable; or 2) other transactions entered into by Seneca One and/or Route 28 and their customers constitute valid sales and/or loans; or 3) Allstate has waived any right in connection with any other litigation or claims; or 4) Seneca One or Route 28 has waived any right other than as expressly set forth in the parties' Stipulation and/or this Order. 8. Seneca One, Route 28 and Mr. Brooks, for themselves and for their respective directors, shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, administrators, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the "Releasors"), hereby remise, release and forever discharge Allstate and its directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the "Allstate Releasees"), of and from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, settlements, damages, claims, and demands whatsoever, in law or in equity, in connection with, related to, or arising out of any claim or allegation that was or could have been asserted in connection with, related to, or arising out of the Purchase Agreement, the Assigned Payments, any Reassignment, the Proposed Transfer, or the parties' Stipulation, which the Releasors have or had from the beginning of the world through the date of this Order, except for claims of Releasors against the Allstate Releasees to enforce the Allstate Releasees' obligations to Releasors, if any, under the parties' Stipulation or this Order. Judge SEEN and AGREED _ I ean Brooks, pro se t GWY M RWAWW Tesgfa?o,?h wM?N ? . I homer's u//M???,,?ret M0410 J the saw of Mil WA st- WI Pte. P1600"We ra ca S 0 -TJ i',-T ' f1`i Q ! 1 i Tl CD c7N { t N j Ln IN RE: SEAN BROOKS SS# 120-64-7339 CITIZENS BANK RESTRICTED CHECKING ACCOUNT NO. 6220373646 ORDER OF COURT AND NOW, this 18TH day of DECEMBER, 2007, the Citizens Bank located at 3301 Trindle Road, Camp Hill, Pa 17011 is hereby directed to issue cashiers checks and transmit same in accordance with the schedule below on behalf of SEAN BROOKS from IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3533 CIVIL TERM his restricted account. PAYEE & ADDRESS AMOUNT PURPOSE District Justice Robert V. Manlove District # 09-1-02 1901 State Street Camp Hill, Pa. 17011 Morgan Properties Camp Hill Apartments P.O. Box 8500-54617 Phila., Pa. 19178-4617 Comcast 4830 Carlisle Pike, Suite D14 Mechanicsburg, Pa. 17055 Account # 095471864682 PPL Electric Utilities 2 North 9TH Street - RDC-GEN.VI Allentown, Pa. 18101 -1175 Account # 27180-80081 Account # 27180-80072 Boscov's Department Store P.O. Box 17642 Baltimore, Md. 21297-1642 Account # 8-9756-1646 $2,708.50 $2,642.59 $493.34 $355.81 $124.95 $600.51 Court Cost Monthly Rent Cable Electricity Purchases Clerk of Courts Court Costs Cumberland County Courthouse 1 Courthouse Square - 2°d Floor Carlisle, Pa. 17013 RE: 3089 CR. 2006 - SEAN BROOKS $535.50 Cordia Communications P.O. Box 1763 White Plains, N.Y. 10602 Account # 35224458 $315.66 HSBC Tax 90 Christina Road New Castle, DE 19720 $507.00 M&T 3805 Trindle Road Camp Hill, Pa. 17011 Account # 9844832171 $447.61 Commerce Bank 3200 Trindle Road Camp Hill, Pa. 17011 Account # 537524977 (Tamazine Brooks) $283.62 Verizon P.O. Box 64378 St. Paul, MN 55164 Account # 4043249 $77.11 Cumberland Family Practice 4470 Valley Street Enola, Pa. 17025 RE: SEAN BROOKS FAMILY $594.83 By ourt, Edward E. Guido, J. moo, Otis elf t!',.-, 1i vono '(Z :01 WV I Z 030 LOOZ giod - IcIrl ,k8VJGt? HIO d 3Ni 30 30U0-0314 IN RE: IN THE COURT OF COMMON PLEAS OF SEAN BROOKS CUMBERLAND COUNTY, PENNSYLVANIA SS# 120-64-7339 CITIZENS BANK RESTRICTED CHECKING NO. 2007 - 3533 CIVIL TERM ACCOUNT NO. 6220373646 ORDER OF COURT AND NOW, this 7TH day of FEBRUARY, 2008, the Citizens Bank located at 3301 Trindle Road, Camp Hill, Pa 17011 is hereby directed to issue a cashiers check and transmit same in accordance with the schedule below on behalf of SEAN BROOKS from his restricted account. PAYEE & ADDRESS APRIL ISHERWOOD 114 CHAMPLAIN AVENUE STATEN ISLAND, N.Y. 10306 S Coe?r?r ?G 'S AMOUNT PURPOSE $1500.00 CHILD SUPPORT KATLYNN BROOKS D.O.B. FEB. 27,1999 Edward E. Guido, J. 'VIN ` I S 7 9S :6 WV L- 933 BOOZ Advio "i"j' llOsd 3HI ?o TOUJ IN RE: IN THE COURT OF COMMON PLEAS OF SEAN BROOKS CUMBERLAND COUNTY, PENNSYLVANIA SS# 120-64-7339 CITIZENS BANK RESTRICTED CHECKING NO. 2007 - 3533 CIVIL TERM ACCOUNT NO. 6220373646 ORDER OF COURT AND NOW, this 20TH day of FEBRUARY, 2008, the Citizens Bank located at 3301 Trindle Road, Camp Hill, Pa 17011 is hereby directed to issue a cashiers check and transmit same in accordance with the schedule below on behalf of SEAN BROOKS from his restricted account. PAYEE & ADDRESS TAMAZINE BROOKS 171 WEST VINE STREET./ 41-21.6 SHIREMANSTOWN, PA 17011 AMOUNT PURPOSE $150.00 COMMISARY DEPOSIT AND PHONE BILL the Court, Edward E. Guido, J. A QCs: _];H1 20 IN RE: SEAN BROOKS SS# 120-64-7339 CITIZENS BANK RESTRICTED CHECKING ACCOUNT NO. 6220373646 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3533 CIVIL TERM ORDER OF COURT AND NOW, this 28TH day of MARCH, 2008, the Citizens Bank located at 3301 Trindle Road, Camp Hill, Pa 17011 is hereby directed to issue cashiers checks and transmit same in accordance with the schedule below on behalf of SEAN BROOKS from his restricted account. PAYEE & ADDRESS AMOUNT PURPOSE PPL Electric Utilities $452.83 Electricity 2 North 9TH St. RDC-GEN.VI (Residential) Allentown, Pa. 18101 -1175 Account # 27180-80081 (Mr. Sean Brooks) Comcast $517.97 Cable/Internet P.O. Box 3006 Phone Southeastern, Pa. 19098-3006 Account # 95472255504 By t.) Edward E. Guido, J. fLE •')i'- i`, E OF THE PP--l ` ': 1 Y 2008 MAR 28 AUA 10. 4 9 1LI P t g,? IN RE: : IN THE COURT OF COMMON PLEAS OF SEAN BROOKS CUMBERLAND COUNTY, PENNSYLVANIA SS# 120-64-7339 : CITIZENS BANK RESTRICTED CHECKING : NO. 2007 - 3533 CIVIL TERM ACCOUNT NO. 6220373646 ORDER OF COURT AND NOW, this 1ST day of JULY, 2008, the Citizens Bank located at 3301 Trindle Road, Camp Hill, Pa 17011 is hereby directed to issue the entire remaining balance of ($123.01) to Mr. Sean Brooks. J. .Citizens Bank AMBER BOORD 3301 Trindle Road Camp Hill, Pa. 17011 0-4?P y ?m.5 t LCCL y?a/o8 ?r? 1 :g wv z- inn 80DZ 'Y t?'^?-ClI ,r.? .3 i#