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Home My WebLink About08-06170 Allen D. Moyer Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 717.909.5858 717.909.7788 (facsimile) Counsel for Novation Capital, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF MARTHA G. WAGNER No. U y - &1,7 AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS Pursuant to 40 §§ 4001-4009 of the Structured Settlement Protection Act (the "Act"), the Pennsylvania Rules of Civil Procedure, and the Cumberland County Local Rules, Petitioners, Martha G. Wagner ("Payee") and Novation Capital, LLC ("Transferee"), respectfully submit this Petition for Approval of Transfer of Structured Settlement Payment Rights (this "Petition"): FACTUAL BACKGROUND 1. Pursuant to a Settlement Agreement and Release, Payee is entitled to receive one lump sum payment of $136,367.79 due on June 19, 2010. A true and correct copy of the Settlement Agreement and Release is attached hereto, made part hereof, and marked as Exhibit «A99 2. In order to fund its obligation to pay the aforementioned payments, Allstate Insurance Company ("Owner") purchased an annuity policy from Allstate Life Insurance Company ("Issuer"). A true and correct copy of the Annuity Contract is attached hereto, made part hereof, and marked as Exhibit "B". 3. On or about December 19, 2007, Payee entered into an Agreement for Sale of Structured Settlement Payments (the "Sale Agreement") with Transferee. A true and correct copy of the Sale Agreement is attached hereto, made part hereof, and marked as Exhibit "C". s 4. Pursuant to the Sale Agreement, Payee agreed to transfer, in consideration of payment to her by Transferee of Thirty Six Thousand Seven Hundred Fifty Dollars and Zero Cents ($36,750.00), $56,367.79 of the lump sum payment due on June 19, 2010. See Exhibit «CI, 5. The net amount payable to the Payee after deduction of all commissions, fees, costs, expenses, and charges is $36,750.00. 6. Based on the net amount that the Payee will receive from this transaction ($36,750.00) and the amounts and timing of the structured settlement payments that would be assigned, the Payee is, in effect, paying interest at a rate of 18.47% per year. PETITIONER HAS MET THE STATUTORY CONDITIONS OF TRANSFER OF THE STRUCTURED SETTLEMENT PAYMENT RIGHTS UNDER PENNSYLVANIA LAW. 7. By this Petition, Payee and Transferee seek this Honorable Court's approval of the aforementioned transfer of structured settlement payment rights. 8. The transfer complies with each of the requirements of the Act, and does not contravene any federal or state statutes or regulations, or any other applicable law. See 40 P.S. § 4003(a)(1). 9. Pursuant to 40 P. S. § 4003(b), Payee was advised in writing by Transferee to seek independent professional advice regarding the legal and tax implications of the transfer. A true and correct copy of the December 14, 2007 letter advising Payee to seek independent advice is attached hereto, made part hereof, and marked as Exhibits "D". 10. Also on December 14, 2007 and pursuant to the Act, Transferee provided Payee with a Disclosure Statement, i.e., more than ten days prior to the time Payee incurred an obligation with respect to the Sale Agreement. A true and correct copy of the Disclosure Statement is attached hereto, made part hereof, and marked as Exhibit "E". 11. Payee has waived her right to seek independent professional advice regarding the legal and tax implications of the transfer. A true and correct copy of Payee's Waiver of Independent Professional Advice is attached hereto, made part hereof, and marked as Exhibit «F„ 12. The Disclosure Statement sets forth all of the information required by the Act. 13. The transfer contemplated by the Sale Agreement is in Payee's best interests. 14. Payee is 59 years old. 15. Payee is single and has no dependants. 7- 16. Payee resides at 2761 Spring Road, Carlisle, Pennsylvania 17013 17. Payee has been unemployed since 1977. 18. Payee receives disability income in the amount of $15,892.80 per year. 19. Payee intends to use the funds to purchase a new car and pay debts. See Payee's Affidavit in Support of Petition to Transfer Structured Settlement Rights that is attached hereto, made part hereof, and marked as Exhibit "G". See also the November 29, 2007 Statement from Payee to Transferee attached, made part hereof, and marked as Exhibit "H". 20. Payee has not previously petitioned this court to transfer her annuity payments. 21. Transferee has transferred its rights under the Sale Agreement to Eisbock Funding, LLC ("Eisbock Funding"). 22. Pursuant to the Act, Transferee has given written notice of Eisbock Funding's address and taxpayer identification number to the Owner and the Issuer. 23. Specifically, Eisbock Funding's address and taxpayer identification number are: Eisbock Funding, LLC #521656 P.O. Box 102265 Atlanta, GA 30368-2265 Tax ID: 30-0423811 WHEREFORE, Payee and Transferee have met all of the conditions to transfer Payee's structured settlement payment rights, as set forth in the Act, and respectfully request this Honorable Court enter the attached Order of Court, thereby approving the transfer/sale of the structured settlement payment rights outlined infra. Respectfully submitted, THE LAW OFFICES OF LESLIE DAVID JACOBSON Date: Allen D. Moyer ID# 81846 8150 Derry Street Harrisburg, PA 17111 Phone: 717.909.5858 FAX: 717.909.7788 Counsel for Novation Capital, LLC Exhibit A 4 oETTLEMENT;AGREEMENT AND REE This SETTLEMENT AGREEMENT AND RELEASE made and entered into this' fJ'rte' 15 day of 1985, by Martha G. < Wagner and Allstate Insurance Company ('Allstatel. WITNESSETH THAT: On or about June 4, 1983, in Franklin'County, Perinsylvania,.Martha G. Wagner sustained injuries,.as.,a,,consequence of an automobile ac- cilent which-, resulted in serious, pain€ul and permanent injuti6s; WHEREAS, at all times relevant Allstate had in force an6 effect Ritter!, Jr,, a policy of insurance issued to Melvin H. WHEREAS, all of the parties hereto desire to settle anyland:all claims of Martha G. Wagner against any.-and all persons, firmi or' corporations which are or may be legally responsible therefore and to fully release and discharge such claims including any anda'll claims against Melvin S. Ritter, Jr., from any, and.. all claimg for injuries or damages of every kind and description resulting and/or arising out of the aforesaid accident. NOW THEREFORE, Allstate agrees to perform as hereinafter set oat j PAYMENTS/AMOUNTS/DATES CLAUSE. IT IS FURTHER AGREED by and between the parties hereto that or the consideration aforesaid, Allstate promises and agree to pay Martha G. Wagner or to the beneficiary recipient hereinafter de- fined, the following payments: { Allstate life Insurance Company AStock Company - Home Office: Northbrook, Illinois 60062 Allstate Life Insurance Company (called "we" or "us") will pay the Annuitant or the Owner's designee the Payments shown on Page 3 if the Annuitant is then living. If the Annuitant is not living, the Payments will be made to the Beneficiary. This contract terminates when all Payments have been made. it you are not satisfied with this contract, you may void- it by returning it to us or our agent within 10 days after you receive It. We will give you all of your money back. READ YOUR POLICY CAREFULLY. Signed. forALLSTATE LIFE INSURANCE COMPANY at our Home Office in Northbrook, Illinois. Secretary LU969 President Page 1 SEX DATE OF BIRTH Martha G. Wagner Female Jun 19, 1948 FIRST PAYN>H3V'i': $136,367.79 on Jun 19, 2010 LAST" PAYNENT: $136,367.79 on Jun 190 2010 CONTRACT NUMBER: 90-505-406 OWNER: Allstate Ins Co. ISSUE DATE: Apr 22, 19135 PACE 3 POLICY DATA PXZ FOR LU969 This contract is Issued to the. Owner (called "you") in consideration of the application, a copy of which Is attached, and your payment of the single premium. This contract and the application are the entire con- tract. Only our officers may change this contract or waive a right or requirement. No agent may do this. Table of Contents for LU969 SCHEDUI,E OF PARIS DATE Jbn 19, 2010 AMOUNT $136,367.79 NAME SEX DATE OF BIRTH ANNUITANT: Martha G. Wagner Female . Jun 19, 1948 FIRST PA)G4E3NT: $136,367.79 cn Jun 19, 2010 LAST PAYNEW: $136,367.79 on Jun 19, 2010 CONTRACT NUMER: 90-505-406 OWNER: Allstate Ins Co. ISSUE DATE: Apr 22, 1985 PAGE 3 POLICY DATA PAGE FOR W969 S ALLSTATE LIFE INSURANCE COMPANY APk 22 198 Application for Single Premium Annuity SIPUTIURD SETRI'MR1.1 1. Annuitant a. Full Name Wagner Martha G b. Social Security No. 284-38-1535 (PRINT) Last First Middle c. Address 430 First Street Carlisle Cumberland Pennsylvania 17013 No. and Street city county State Zip d. Phone (717 ) 245-0802 a Birthdate(M/DN)6 / 191-!-8 f. Age 36 g Sex F 2. Owner [j Allstate Insurance Company a. Name ? Allstate Indemnity Compaq b. Relation to Annuitant Obligor c. Address Allstate Plaza Northbrook IL 60062 d. ( ) No. and Street City State Yip Phone 3. Single Premium $1 and other valuable consideration (must be submitted with application) 4. Type of Annuity K a. Certain Payments only (Annuitant's survival not required) ? b. Single Life Annuity (submit proof of age, e.g. birth certificate) ? c. Joint and Survivor Life Annuity (submit proof of ages,.e.g. birth certificates; also submit LR512) 5. Number of Certain Payments one (Enter "0" if none desired) 6. Payment Information a. First payment date (M/DM 6 119 / 20_10 b. Frequency: ? Monthly ? Annually D /Irregular ? Other c. Amount(s) of Payments ' I. Level payments of $ ? li. First amount) each payments $ . Then increase payments (percent or year thereafter thru (date). efii. Irregular Payments Date Amount -zo/0 ?3ria,3?o? Date Amount Date Amount 7. Make payments to K] Annuitant ? Other designee (give name, address, relation, etc.) 8. Beneficiary (will be the Annuitant's estate if left blank) °o a. "imary: Name Tina J.. Conley & Don W. ConlWqlatior} to Annuitant Daughter and son b. Contingent: Name Dwayne J. Walker Relation to Annuitant Brother The Applicant represents that all statements and answer on this Application are true to the best of his or her knowledge and belief and completely recorded herei C' _ aim Settle SEND TO: Structured celClaim Dept. E-1 Unit FROM: Doroth L. Carson Submitter DCOIFCO: Harrisburg DCO, Pennsylvania Claim No. 1558649388-B16 Insured Name elvin H. Ritter Jr is this annuity for attorney's fee? 0 Yes i] No This Is Option # S - C 14 Market Claim Office P.O. Box 3061 Harrisburg PA.17105 October 11, 1988 717-5.64-7310 F In reply please refer to Allstate Life has trance Company Structured', Sett,leirients & _Annuities P.O.'BOX.802 Deerfield, I1-11 n o i s .60015-0802 " Dear S.ir or Madam: / ADD - 3 Claim No.: 15586493808-B16 Insured: Melvin Ritter,:Jr. Annuitant: Martha'Wagner Re:' Structured Settlement - Contract #90--505-406 Please find attached a letter from Martha Wagner requesting a.chaange of address to 2761 Spring Road,.Carlisle, Pennsylvania 17Q13.:. The contract number is 90-505-4061'-f irst payment due June 19, 2010 in the amount of $136,367.79. Please handle this change. i cerely, 17 C xistine e taff Claim Rep sentative dm enc. V-dopy to Martha G. Wagner Thank you. .3/00 ?SQ?f . s-?-? Ala ?o0o(p2 Allstate Life Insurance Company Telephone: 14800-840-3870 544- Lakeview Pkwy 1-26 Fax: 1.877.694.4092 A1I8 tate. Vernon Hills IL 60061-1842 MARTHA WAGNER 2761 SPRING RD CARLISLE PA 17013-8728 March 8, 2005 The following is a brief summary of the information we have for Contract Number 90505406. Please take the opportunity to review this information: Payee(s) Information for Correspondence Martha Wagner 00/00/00 Bank Information - Payments will be made directly to your account Members 1st Fcu 68823 Primary Beneficiary(ies) Don W Conley Jr Tina Jo Conley Contingent Beneficiary(ies) Skyler E Strohm Percentage Equally Equally Percentage Equally1 mill- er W i. If this information is not- currer#, please update and rattan; the attache #orm..__A±a gnu IQpe,,is. included for your convenience. Retain this letter for your records. Enclosures INFORMATION UPDATE FORM TO: Allstate Life Insurance Company RE: Martha Wagner Payout Annuities 2761 Spring Rd 544 Lakeview Pkwy L2B Carlisle, PA 17013-8728 Vernon Hills IL 60061-1842 Contract Number: 90505406 ? The information above is CORRECT. ? The information above is INCORRECT and should be changed to: Name: Address: City: State: Zip Code: Please provide us with the following information: Social Security #: Date of Birth: Daytime Phone Number: Annuitant must be of legal age in order to designate a beneficiary. PAYMENT TO PRIMARY BENEFICIARIES. The death benefit shall be divided equally among my primary beneficiaries who are alive at the time of my death. The share of anyone who disclaims all rights or refuses to accept the payment shall be divided equally among the others. (If more space is needed for beneficiary information, please attach a sheet to this form.) Required Information: name, address, social security # (SSN), date-of-birth (DOB), and relationship. Name: Name: Address: Address: SSN #: DOB: SSN #: DOB: Relationship: Relationship: _ PAYMENT TO CONTINGENT BENEFICIARIES. If there is no primary beneficiary to be paid (becuase of death, disclaimer of rights or refusal to accept payment), then the benefits shall be divided equally among the contingent beneficiaries. Name: Name: Address: Address: SSN #: DOB: SSN #: DOB: Relationship:., _Relationship:`. .oomp on 61 this o» does not tmuTv that are Guarantee [Your notarized signature is required. Notarized signatures must be mailed, not faxed.] Notary (seal/stamp) FOR OFFICE USE ONLY. Signed for the assignee/Contract Owner by: Date: Signed for the Annuity Issuer by: Date: SSA-151 F t G07QNGQI.N02 a.eooaaco?ancaporoHOOemro gal Complete this SmartDeposit Authorization form, which allows Allstate Life Insurance Company to electronically transfer your benefits directly to your checking or savings account. Your money is available to you on your payment due date each month. If you need assistance completing the information below, contact your financial institution or bank. SmartEleaosit Authorization Form Information: Name: Social Security No: Guardian/Power of Attorney Information (if applicable): Name: Phony Financial Institutions / Bank Information: Bank Name: Phone #: Contract Number: Phone #: Address: ABA Routing #: (Contact your bank for this number) Please check One: ? Savings Account No: (Attach a deposit slip showing your account number) Checking Account No: (Attach a check marked "VOID". We cannot process your request without your voided AUTHORIZATION: I authorize Allstate Life Insurance Company to initiate credit entries to my bank account as shown above and necessary debit adjustments arising from the death of payee, or error by payor which do not exceed the related credit equal to my net benefit payments. I reserve the right to cancel this authorization by giving written notice to Allstate Life Insurance Company at its Home Office at the address below. Signature of Payee: 4 gin n ink) Date Please return to: Payout Annuities Allstate Life Insurance Company 544 Lakeview Pkwy 1-213 Vernon Hills IL 60061-1842 SSA-002F I G070NGQI.N03 Martha G. Wagner March 19, 1987 RD#2 Box 99 Carlisle, Pa 17013 Phone # (717) 245-0802 Allstate Insurance Company Allstate Plaza Northbrook, IL 60062 Dear Sirs: I am writing in regards to a settlement I made with your company . Information as follows: 1. Annuitant: Martha G. Wagner 2. Contract Number: 90-505-406. 3. Owner: Allstate Ins Co. 4. Issue Date: 22, April, 1985 5. Submitter: Dorothy L. Carson DCO/FCO Harrisburg DCO, PA 6. Claim Number: 1558649388-B16 7. Insured Name: Melvin H. Ritter Jr. In the original papers my address reads as follows, 430 First Street, Carlisle, Pa 17013, I would like that changed at this time to RD#2 Box 99, Carlisle, Pa 17013. If you have a form that I must fill out will you please send it to me as soon as possible. If not will you please acknowlege my request. Thank You, Q M tha G. Wagner Exhibit C NOVATIQN CAPITAL LLC Agreement for Sale of Structured Settlement Payments Martha G Wagner This is an Agreement between Martha G Wagner (referred to as " you- ' this and Novation Capital, LLC ("Novation"). This Agreement sets forth the terms ofa legallyebinding contract in which you agree to sell structured settlement payments to Novation. This Agreement and all its terms are subject to the approval of a court, which, by law, Agreement before it is carried out. must approve the Background A. Some time ago, you (or someone acting for you) entered into a Settlement Agreement. You have told Novation that you have the right to receive certain payments due under that Settlement Agreement. B. In connection with that Settlement Agreement, an insurance company agreed to make the settlement payments now due to you. In turn, that insurance company arranged for the purchase of an Annuity Policy so that those settlement payments would be made on an agreed schedule. C. Because the settlement payments are funded by an annuity, your risk of not getting paid by the insurance company is low. However, those settlement payments will be made in the future, on a schedule that may no longer meet your needs. D. Accordingly, and after considering other ways of raising current cash, you have decided that you want to sell some (or all) of your settlement payments, Simply stated, you now want to give up the right to receive certain future settlement payments in a trade for a lump-sum cash payment from Novation. THEREFORE: 1• The Sale: You agree to sell and Novation agrees to buy the settlement payments identified as the "Assigned Payments" at the very end of this Agreement. in exchange, Novation agrees to pay you (and you agree to accept) cash in the amount of the Purchase Price stated at the very end of this Agreement. 2• Payment to You: You can choose to be paid by wire transfer or by check. If you elect to be paid by some other means (for example, by "money order") any charges imposed by the bank or money transfer service will be deducted from your purchase price. 3• Court Approval: A court must approve your sale of payments before the Assigned Payments can be transferred and monies will be paid to you. You agree that you will not be paid by Novation until the company thatundersta is makil g and settlement payments has acknowledged receipt of a final court order that: (a) cannot be appealed; (b) directs the Annuity Owner and Issuer to make the Assigned Payments to Novation (or to an entity named by Novation); and (c) makes all findings required by applicable state and federal law. Page I Copyright, Novation Capital, LLC (2002_2007). All Rights Reserved NOVATIQN CAPITAL. LLC 4. Best Efforts and Working Together: Novation agrees to use its best efforts to obtain the required court approval in an uncontested court proceeding. You agree to cooperate with Novation in that effort and to do all things reasonably necessary to cooperate with Novation in its effort to complete this transaction. Among other things, you agree to promptly provide Novation with complete and legible copies of the Settlement Agreement and the Annuity, as amended and now in effect, and execute such documents which may be necessary to obtain court approval of your sale to Novation. 5. We Rely Upon What You Tell Us: All facts or statements in this Agreement (including any attachments to this Agreement) regarding you, your situation, the payments you are receiving, and the payments you are now selling are based upon documents and information that you have provided to Novation. In entering into this Agreement, Novation is relying upon the truth of the statements you have made and the documents you have provided. 6. Your Money, Your Decision: You have told us that you are 18 years of age or older, are of sound mind, not under the influence of drugs or alcohol, and understand and agree to the terms of this Agreement. Further, you agree that no one has forced you to sign this Agreement nor has anyone promised you anything other than what is stated in this Agreement in an effort to persuade you to sign it. 7. Facts About Your Payments: Novation must determine whether anyone other than you is claiming an interest in the structured settlement payments you are selling us. Unless you tell us in writing otherwise, we will assume: (a) You alone have the right to receive the Structured Settlement payments that you are now selling; (b) Neither you nor anyone else has sold or pledged or otherwise transferred the Assigned Payments nor attempted to do so; (c) No other person (or business) claims a lien, right, title, or interest of any kind in the Assigned Payments; (d) You are not in bankruptcy; (e) You are "up to date" in your child support (if any), alimony (if any), and tax payments; (f) There are no unsatisfied judgments or liens against you; (g) No lawsuit has been filed or threatened against you or your assets; and (h) As far as you know, there is no dispute about your right to receive the payments under the Settlement Agreement and no one has challenged or threatened to challenge your right to receive those payments. If one or more of these statements becomes untrue before the Purchase Price is paid to you, you agree to notify Novation in writing. In all events, you authorize Novation to Page 2 Copyright, Novation Capital, LLC (2002-2007). All Rights Reserved NOVATION CAPITAL. l_Lc conduct credit checks and judgment and lien searches to confirm that there are no claims against the Assigned Payments. 8. Facts About Your We Situation: You have told us that neither you nor those who depend on you rely upon the payments you are now selling for food, shelter, medical care, or the other necessities of life. You understand that you may be asked to set forth additional facts about your circumstances and life situation so that the court can better understand your reasons for wanting to sell some or all of your structured settlement payments. Your name, date of birth, marital status, current and former addresses, social security number, and other personal information is fully and truthfully set forth on the application you provided to Novation. Your social security number will not be revealed by us in any public filings. 9. Certain Debts Paid: Many people choose to sell future settlement payments because they want to clear up their debts, pay off liens, and bring their past due obligations current. If you owe back taxes, past due child support, or have judgments or liens recorded against you or your assets, Novation will review any such obligations with you and determine which debts, claims, or liabilities must be paid at the closing. If it is necessary to pay certain debts before funds are released to you, Novation will pay those debts for your account and deduct the payment from your Purchase Price. 10. Other Possible Deductions from the Purchase Price: If some of the payments being sold to Novation under this contract are paid over to you (and not Novation) before the Purchase Price is paid to you, the payments received by you (rather than Novation) will be deducted "dollar for dollar" from the Purchase Price. 11. "Holdbacks" While Address Change Is Processed: The insurer making payments may take several months to process the change. Accordingly, Novation may withhold from / the Purchase Price: (a) the sum of assigned payments, if any, due to be received within three to six months following the closing; or (b) 10% of the Purchase Price; or (c) $1,000.00, whichever is greater, until the insurer begins to re-direct payments to Novation (or other parties) pursuant to the court's order or the insurer making the payments confirms in writing the change of payee for the Assigned Payments. When the Assigned Payments begin to be received by Novation for other third party designated in the order) or the insurer confirms in writing the change of payee, any amounts withheld will be paid over to you, less any monies paid to you in error while the insurance company was processing the address change. 12. Misrouted Payments: On rare occasions, even after a court has approved a sale, an Assigned Payment may be misrouted or mislabeled by the insurance company. In the event that payments you have sold to Novation are instead sent to you, you agree to hold those payments in trust and immediately turn them over to Novation. Similarly, in the event that payments you have sold to Novation are sent to Novation but made payable to you, you hereby grant Novation an irrevocable limited "power of attorney" authorizing Novation to cash any such checks and deposit them to Novation's collection account. In some cases, if the Assigned Payments only constitute a portion of your structured settlement payments, the court or your insurance company may require that the entire structured settlement payment be paid to Novation and Novation remit Page 3 Copyright, Novation Capital, LLC (2002-2007). All Rights Reserved NOVATION CAPITAL, LI..C the unassigned portion of the structured settlement payment back to you. If such a circumstance arises in your transaction, you agree to this payment servicing arrangement. 13. Grant of Security Interest: You intend to sell and Novation intends to buy your rights in and to the "Assigned Payments. " Subject to the court's approval of the sale, you grant to Novation a "first priority security interest" in the Assigned Payments. Accordingly, you agree that Novation shall have all of the rights of a secured party under the Uniform Commercial Code and may exercise the remedies of a secured party. 14. Change of Beneficiary: The payments you are selling (the Assigned Payments) are to be paid to Novation in accordance with a set timetable - even if you are no longer living at the time the payments come due. To confirm that, you will sign and deliver to Novation Attached Exhibit B which names your estate as the sole beneficiary of the y Assigned Payments under the Annuity during the term of the Assigned Payments. In addition and to similar effect, this Agreement is and shall be deemed a "Testamentary Agreement" in which you agree, for all time, to name Novation or its assigns as the party that will inherit the Assigned Payments in the event of your death. You cannot and will not amend, modify, alter or otherwise change the beneficiary designation or this Testamentary Agreement without Novation's express prior written consent. 15. Agreement Binding on You and Your Successors: You agree that this Agreement in its entirety, including the Testamentary Agreement set forth in the immediately preceding paragraph and the beneficiary designation attached as Exhibit B, shall be binding upon you, your heirs, successors, assigns, and any person claiming by, through, or under you. 16.- You Want to Sell Your Payments: Many Structured Settlements were set up before enactment of the laws that now allow people to sell their structured settlement payment rights. Accordingly, your Structured Settlement Agreement may contain one or more provisions that suggest that your payment rights cannot be sold. To the extent that your Settlement Agreement or the Annuity contains such a provision that purports to restrict or limit your ability to sell your payments, you hereby waive and release any such restriction. Furthermore, you waive and release any rights under applicable statutes that might be deemed to exempt the Assigned Payments from execution, attachment, garnishment, seizure or other process by Novation. Consistent with the forgoing, you also agree that you will never claim or contend that the payments you are now selling were not transferable. 17. Novation Can Assign: Novation (and/or its wholly owned affiliate, Novation Holdings, LLC) may pledge or assign all or any portion of its right, title, and interest in and to this Agreement, the Settlement Agreement, the Annuity, and the Assigned Payments, without your further consent. If and when that happens, all references to Novation in this Agreement shall be read and understood to refer to Novation's immediate or subsequent assigns. 18. This Is a Sale, Not a Loan: You are selling your payment rights. You agree that this is not a loan. If, from any possible construction of any document, it were determined that this Agreement somehow calls for the payment of "interest" and if such interest would be payable in excess of the Maximum Lawful Rate permitted by applicable laws, any such Page 4 Copyright, Novation Capital, LLC (2002-2007). All Rights Reserved NOVATION CAPITAL, LLc construction shall be automatically reformed and the interest payable shall be automatically reduced to the maximum lawful rate, without the necessity of execution of any amendment of new document. 19. What Happens If Court Says "No" It is always possible that someone who has not signed this Agreement (such as your insurance company) could try and oppose the request for court approval. That could result in unanticipated expense and delay. You understand and agree that if someone opposes or contests the request for court approval, Novation may choose to cancel this contract without further obligation. Similarly, if someone who did not sign this Agreement (such as an insurance company) appeals a court's approval, you agree that Novation may choose to cancel the transaction rather than incur the expense and delay of litigation. In the vast majority of cases involving structured settlement transfers, Novation wins court approval without undue expense or delay. But if, for some reason, the court does not approve the sale, or if Novation elects to cancel in light of the opposition of some other person, no payments will be transferred from you, no monies will be paid to you, you will have no further obligation to Novation, and Novation will have no further obligation to you. 20. General Provisions: The headings in this Agreement are to make it easier to read and shall not affect the meaning of this Agreement. This Agreement and the attached exhibits make up the entire agreement between you and Novation and replace all prior arrangements and understandings, written or spoken. This Agreement can only be changed, replaced, or canceled by a writing signed by you and Novation. If any part of this Agreement is ever held to be to invalid under any applicable law, that provision shall be deemed modified to the extent necessary to render it enforceable. If modification is not possible, then the provision shall be severed and the validity of the remaining provisions shall not be affected. In the event of a lawsuit to enforce this 1 Agreement, the unsuccessful party shall pay to the successful party all costs and expenses, including, without limitation, actual attorneys' fees, expended or incurred. Any dispute under this Agreement shall be resolved in a court in the state where you are now residing, under the laws of that state. All of the terms and conditions of this Agreement shall be binding on and be enforceable by you and Novation and you and Novation`s respective heirs, successors and assigns. All notices shall be in writing and shall be deemed to have been duly given if mailed first class, postage prepaid, certified United States mail, return receipt requested. This Agreement may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when two or more counterparts have been signed by each of the parties hereto and delivered to the other parties, it being understood that all parties need not sign the same counterpart thereof. 21. The Payments You Are Selling: The payments you are selling and their amount(s) and due dates are described on Exhibit "A". These payments you are selling are referred to as the "Assigned Payments". 22. Purchase Price: Novation has agreed to pay you (and you have agreed to accept) the sum stated on Exhibit "A" as the "Purchase Price" for the Assigned Payments. You acknowledge that Novation has provided a written Disclosure Statement to you prior to your signing this Agreement as required by applicable state and federal law. Page 5 Copyright, Novation Capital, LLC (2002-2007). All Rights Reserved NOVATION CAPITAL, 41-c 23. Independent Advisor: By signing this Agreement below, you acknowledge that Novation has advised you in writing to seek, and you have had the opportunity to seek, independent legal or other expert advice regarding the legal, financial, and tax consequences of this Agreement. By signing below, you agree to be bound by all of the terms of this Agreement. SELLER M ha G Wagne Novatio Capital, LLC: By: Charles Lowe Its: Chief Financial Officer The foregoing insjpument was acknowledged before me this L day of Decembe- , 2007 by the above si ned, who is either (Q) personally known to me or (Wwho has produced 10(jacr1 Ucerl) e as identification. "&Z'C&4c? Nota Signature D A Notary Public in nd f 9r the State of /NOTARIAL 6EAL Printed Name: A e,, ANGELA F UNGER Commission Expires: ?d 7 Jm SOUTHAMPTON t7WP FRANKLIN COUNTY Spousal Consent - IF APPLICABLE My Commtaion Expfres Oct 7, 2006 I am at least 18 years old, am of sound mind, not under the influence of drugs or alcohol, and am married to Martha G Wagner. I consent and agree to this Agreement and waive any right to or interest in the Assigned Payments, including, without limitation, any community property interests. No one has forced me to sign this consent nor has anyone promised me or my spouse anything other than what is stated in the Agreement. The foregoing instrument was acknowledged before me this _ day of , 2007 by the above signed, who is either (EI) personally known to me or ([I) who has produced as identification. Notary Signature A Notary Public in and for the State of _ Printed Name: Commission Expires: NOVATION CAPITAL, LLC 1818 South Australian Avenue, Suite 450 West Palm Beach, Florida, 33409 (800) 747 6472 www.Novationcop.com Page 6 Copyright, Novation Capital, LLC (2002-2007). All Rights Reserved NOVATIQN CAPITAL, l Exhibit "A" to Agreement for Sale of Structured Settlement Payments 0 The Structured Settlement Payments you have agreed to sell to Novotion Capital, LLC are: Lump sum payment of $56,367.79 due 06/19/2010 The Purchase Price you have agreed to accept In exchange for the sole of the Structured Settlement Payments stated above is: $36? M.Q0 SELLER Marti`b Wagn-e COPYT'ght, Nav*10" Capital. LLC (2002-2007) All Rlghts Reserved NQVATIQN CAPITAL, LLc Exhibit "B" to Agreement for Sale of Structured Settlement Payments Irrevocable Designation of Beneficiary Allstate Settlement Corporation 544 Lakeview Parkway, L3F Vernon Hills, IL 60051 Dear Sir or Madame: Please modify your records to indicate that my estate is any payments still die Ato a under policy number a sma-t X1'1 - ? . after payment of named in a court order approving a sale or transfer of rights. Thank you, Ma a G WagnellV and shall be the beneficiary for -b`b = q-b(Q issued by all amounts due to transferees structured settlement payment The foregoing instrument was acknowledged before me is j6day of ?, 2007 by the above signed, who is either (Ell personally known to me or ([?who has produced On,ler3 It cen.%-t as identification. Notes ignature A Notary Public in and X the St at f_ Printed Name: <" Commission Expires: O xL? IF / NOTARIAL SEAL ANGELA F UNGER Notary Public SOUTHAMPTON TWP, FRANKLIN COUNTY My Commission Expires Oct 7, 2008 Copyright, Novation Capital, LLC (2002-2007). All Rights Reserved Exhibit D December 14, 2007 Martha G Wagner 2761 Spring Rd. Carlisle, PA 17013 Re: Disclosure Statement Dear Ms. Wagner: Please find enclosed the Disclosure Statement that Novation must provide to you not less than ten (10) days prior to you incurring an obligation to transfer your structured settlement payments. Please read and sign the enclosed document. Novation recommends that you seek the advice of an attorney or licensed financial professional (example: certified public account or certified financial planner). If you have any questions or concerns, please do not hesitate to contact me Sincerely, Andy Slocum Funding Executive Novation Capital LLC Enclosure Exhibit E DISCLOSURE STATEMENT NAME: Martha G Wagner 1. QE.SCRIPTIQN OFT ERRED YM NTS I am transferring the following structured settlement payments: Lump sum payment of $56,367.79 due 0611912o10 The aggregate total of these payments is $56,367.79. 2. EROS „ ADVANCE AMOUNT In exchange for these payments= I will receive a gross amount of $38,750.00. Funding will not occur until all conditions required under the transfer agreement have occurred. 3. TR,,ANSF.EMXPENSES I understand that the following fees and expanses will be deducted from the Gross Advance Amount payable to me or my account: 4. NET ADVANCE AMOUNT I understand that the Gross Advance Amount, as described above, shall be reduced by the Transfer Expenses described above resulting in the Net Advance Amount below. Net Advance Amount DlscWWM rank CE, MN & PA copyl ght Nwation tgl, LLC (2002_2M7), All Rights P ewvcd i understand that l will receive this Net Advance Amount, minus (a) any advances made to me or on my behalf by Novation Capital LLC for notary fees, for cash advances related to attorney fees to seek court approval; and (b) any amounts necessary to satisfy any outstanding liens, judgments, and credit-based obligations, pursuant to the terms of the transfer agreement, 5. f?. 1! OT_ IENT The net amount that you will receive from us in exchange for your future structured settlement payment(s) represents 73.91 % Of the estimated current value of the payments based upon the discounted value using the applicable federal rate. 5. DiSCQUIV ED PRES VALUE This provides the calculation of the estimated current value of the transferred structured settlement payments under federal standards for valuing annuities. The Federal Rate that is used to make this calculation is provided below in addition to the Discounted Present Value. reaeraf Rate used to calculate the Discount Present Value Dlscaunt Present Value 7. The amount of an - ._.-........-- ...?, ? 4 ? penalties any penalty or liquidated damages, inclusive of payable by one in the event I breach the transfer agreement is zero. 8. You will not Incur any' obligation under a transfer agreement until the tenth (lo) day after you receive this disclosure tat en Ma a G Wa?gne OVUM 30ft""t DE, UN & PA COPYnghk NovatiOn CAOMI, LLC (2062-2007). All ftb% KCaerved Exhibit F NQVATIQN CAPITAL, LLC Waiver of Independent Professional Advice I, Martha G Wagner, have been advised by Novation Capital LLC in writing, to seek independent professional advice from a professional such as an attorney, an accountant or financial planner regarding the implications of transferring my future rights to structured settlement payments. I have considered this option but I have chosen not to seek such advice. W Marf a G Wagn The foregoing instrument was acknowledged before me is;X day of .G 2007 by the above signed, who is either ([1) personally known to me or (W who has produced OrG yen ti mmw as identification. N4rryn atur e A Notary Public in and f the tatoqf Printed Name: ?cc 'il Commission Expires: l dW NOTARIAL SEAL ANGELA F UNGER Notary SOUTNAMPTON TWP, FRANKLIN COUNTY My Commission Expires Oct 7, 2pp8 Copyright, Novation Capital, LLC (2002-2007). All Rights Reserved Exhibit G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF MARTHA G. WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL DIVISION No. PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT : RIGHTS AFFIDAVIT OF MARTHA G. WAGNER IN SUPPORT OF THE PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS I am Martha G. Wagner and I make the following Affidavit based upon my personal knowledge: 1. I am an adult individual and I firmly believe in the obligations of an oath. 2. I reside at 2761 Spring Road, Carlisle, Pennsylvania 17013. 3. I am divorced. 4. I have no dependants. 5. I am unemployed. 6. I receive social security disability in the amount of $15,892.80 per year. 7. I have no obligations to pay child support, alimony, or alimony pendent elite. 8. I have not previously petitioned this court to transfer my annuity. 9. I am using the funds to purchase a new car and pay the following debts: Creditor Debt Amount Due Car $13,000.00 $13,000.00 Medicine $36.00 Mo $36.00 Mo Premium Medicare Insurace $96.00 Mo $96.00 Mo Freedom Blue Ins. $97.00 Mo. $97.00 Mo. Capital One Visa CC$-1-09:00 Mo. $5000.00 MasterCard e ?,? $2{1:A0 Mo. $200.00 10. I was advised in writing by Novation Capital, LLC, to seek independent professional advice regarding the legal and tax implications of the transfer. 11. I have waived my rights to seek independent professional advice regarding the legal and tax implications of the transfer. 12. I earnestly request that the Court approve the Petition. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Dated: ? V?%'v? ha G. W ner Exhibit H ? RLERSIMANNISHMAlk ! Member of the Encore Financial Services Group, Inc. November 29, 2007 Martha G Wagner 2761 Spring Rd. Carlisle, PA 17013 Re: Use of Funds Dear Ms. Wagner: Since we must seek court approval of this transaction and the court must find that the transfer is in your best interest, we ask that you provide a more detailed reason for your use of funds. Please use the space below to provide this information and return this letter to Novation Capital. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, a4-0-6 ?Q"C LL'rn Novation Capital LLC Expanded use of funds: "U 1 .dA v M ha G Wag er Date: J 1818 Australian Avenue South, Suite 450 West Palm Beach, Florida 33409 Toll Free (800) 747-6472 Fax Toll Free (800) 900-7701 www.novationcap.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF MARTHA G. WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS No. PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS CERTIFICATION OF ATTORNEY FOR THE TRANSFEREE NOVATION CAPTIAL. LLC I, Allen D. Moyer, Counsel for Novation Capital, LLC, hereby certify that to the best of my knowledge, information, and belief, formed after reasonable inquiry, that the transfer will comply with the requirements of the Structured Settlement Protection Act and will not contravene any other applicable federal or state statute or regulation, or the order of any court or administrative authority. Respectfully submitted, THE LAW OFFICES OF LESLIE DAVID JACOBSON Date: ?1ab`p`b 1 Allen D. Moyer ID# 81846 8150 Derry Street Harrisburg, PA 17111 Phone: 717.909.5858 FAX: 717.909.7788 Counsel for Novation Capital, LLC VERIFICATION OF NOVATION CAPITAL, LLC I, Michael Damore, special counsel for Novation Capital, LLC, have read the foregoing Petition for Approval of Transfer of Structured Settlement Payment Rights and verify that the factual allegations of the petition are true and correct to the best of my personal knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dated: zz y: Michael Damore Novation Capital, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF MARTHA G. WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS : No. PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS CERTIFICATE OF SERVICE The foregoing Petition for AMroval of Transfer of Structured Settlement Payments Rights has been served upon the following interested parties via certified mail, return receipt requested, and regular first-class mail, postage prepaid, this day o 2008, addressed as follows: Allstate Life Insurance Company . Allstate Insurance Company 544 Lakeview Parkway, L3F 544 Lakeview Parkway, L3F Vernon Hills, IL 60061 Vernon Hills, IL 60051 i Courtesy Copy: Lisa Stern Drinker Biddle & Reath LLP 1000 Westlakes Drive, Suite 300 Berwyn, PA 19312-2409 Lisa Sterner Allstate Life Insurance Co. 544 Lakeview Parkway Vernon Hills, IL 60061 Martha G. Wagner 2761 Spring Road Carlisle, PA 17013 JeoKfer L. INrr\Lega Assistant 4 -, • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF MARTHA G. WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS No. PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS FINAL ORDER OF COURT On this _ day of , 2008, it is ordered that the Petition to Transfer Structured Settlement Payment Rights is granted. The court specifically finds that: (1) the payee has established that the transfer is in the best interests of the payee or the payee's dependents; (2) based on the certification by an attorney for the transferee, and the court having not been made aware of any statute, regulation, or order that would be incompatible with the proposed transfer, the transfer will not contravene any applicable federal or state statute or regulation, or the order of any court or administrative authority; (3) the transfer complies with the remaining requirements of the Structured Settlement Protection Act, including 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6); (4) the payments that are to be transferred are designated as follows: $56,367.79 of the lump sum payment due June 19, 2010. (5) the terms of this order shall survive the death of the payee and shall be binding upon the payee's heirs, beneficiaries, and assigns; (6) the payee shall receive from the transferee, as of a transfer of Transferee of Thirty Six Thousand Seven Hundred Fifty Dollars and Zero Cents f# Q L , ($36,750.00), from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: C:X) r .JAN 3 0 2008 (r) V )?\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF MARTHA G. WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL DIVISION No.?' Cn PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS INITIAL ORDER OF COURT AND NOW on this _ aay of ?{_ v 2008, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Ri is will be held on fz?iwq?q _7.0 ??, in Courtroom at MT-01-0f-lc lock at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. The Payee shall bring income tax returns for the prior two (2) years to the hearing. Within seven (7) days, the transferee shall give notice of the hearing date to the payee, the structured settlement obligor, the annuity issuer, the payee's spouse and any person receiving child support, alimony, or alimony pendent elite. The transferee shall attach a certificate of service to the notice of hearing date. A copy of the notice with the certificate of service shall be filed with the court prior to the hearing. Z40 (0? f p 'Viiti WAIASNi 12d llJiVi'sr r f sFlI ItJ a 6' I I WV 1` 933 8801 MVIONOi-0b'd M 30 3OLL4`}-GTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF MARTHA G. WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL DIVISION NO. 08-617 PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS PRAECIPE TO ADD TO THE PROTHONOTARY OF SAID COURT: Please add the attached Notice to the above captioned case. Thank you. Dated: February 5, 2008 LAW OFFICES OF LESL4ED. JACOBSON By: Allen D. Moyer U ID # 81846 Attorney for Novation Capital, LLC 8150 Derry Street Harrisburg, PA 17111-5260 717-909-5858 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF MARTHA G. WAGNER No. 08-617 AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PETITION FOR APPROVAL OF PAYMENT RIGHTS TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Allstate Life Insurance Company Allstate Insurance Company 544 Lakeview Parkway, L3F 544 Lakeview Parkway, L3F Vernon Hills, IL 60061 Vernon Hills, IL 60051 _.__ _ _ ?Martha G. Wagner _ _____ Courtesy Copy: Lisa Stern 2761 Spring Road Drinker Biddle & Reath LLP Carlisle, PA 17013 1000 Westlakes Drive, Suite 300 Berwyn, PA 19312-2409 Lisa Sterner Allstate Life Insurance Co. 544 Lakeview Parkway Vernon Hills, IL 60061 You are hereby given notice that Martha G. Wagner and Novation Capital, LLC filed a Petition to Transfer Structured Settlement Payment Rights. A hearing in this matter has been scheduled for February 28, 2008 at 8:45 a.m. in Courtroom 2 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. The payee shall bring income tax returns for the prior two (2) years to the hearing. You are entitled to support, oppose or otherwise respond to the payee's petition, either in person or by counsel, by filing written comments with the court prior to the hearing or by attending the hearing. Date: February 6, 2008 Allen D. Moyer, PA ID# 81846 8150 Derry Street Harrisburg, PA 17111 Phone: 717.909.5858 C). f '1 JAN 3 0 200 0V o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF MARTHA G. WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS No. f??F ` l? i Lug PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS INITIAL ORDER OF COURT AND NOW on this _I S4"day of ? 2008, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on --7-twcdA"j t ,%) CUI -Z& in Courtroom Z at _o' clock at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. The Payee shall bring income tax returns for the prior two (2) years to the hearing. Within seven (7) days, the transferee shall give notice of the hearing date to the payee, the structured settlement obligor, the annuity issuer, the payee's spouse and any person receiving child support, alimony, or alimony pendent elite. The transferee shall attach a certificate of service to the notice of hearing date. A copy of the notice with the certificate of service shall be filed with the court prior to the hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF MARTHA G. WAGNER No. 08-617 AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PETITION FOR APPROVAL OF PAYMENT RIGHTS TRANSFER OF STRUCTURED SETTLEMENT PAYMENT : RIGHTS CERTIFICATE OF SERVICE The foregoing Notice of Hearing on Petition to Transfer Structured Settlement Payment Rights has been served upon the following interested parties via regular first-class mail, postage prepaid, this 6ch day of February, 2008, addressed as follows: Allstate Life Insurance Company 1 Allstate Insurance Company 544 Lakeview Parkway, L3F 544 Lakeview Parkway, L3F Vernon Hills, IL 60061 l Vernon Hills, IL 60051 Courtesy Copy. ? Martha G. Wagner Lisa Stern ' 2761 Spring Road Drinker Biddle & Reath LLP Carlisle, PA 17013 1000 Westlakes Drive, Suite 300 Berwyn, PA 19312-2409 Lisa Sterner Allstate Life Insurance Co. 544 Lakeview Parkway Vernon Hills, IL 60061 may, t _ (?, 7 ? 1 r J ??, .?. .. ? f ? ~ ?? ?J 7 h " U '?L? -c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF MARTHA G. CIVIL DIVISION WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED No. 08-617 SETTLEMENT PAYMENT RIGHTS ORDER OF COURT AND NOW, this;?ay of February, 2008, it is ordered that the Petition to Transfer of Structured Settlement Payment Rights is granted. The Court specifically finds that: The payee has established that the transfer is in the best interests of the payee or the payee's dependents. 2. Based on the certification by an attorney for the transferee, and the court having not been made aware of any statute, regulation or order that would be incompatible with the proposed transfer, the transfer will not contravene any applicable federal or state statute or regulation, or the order of any court or administrative authority. 3. The transfer complies with the remaining requirements of the Structured Settlement Protection Act, including sections 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6). Based upon the foregoing findings, IT IS HEREBY ORDERED that: A. The payments that are to be transferred are designated as follows: one lump sum payment of $56,367.79 out of the total lump sum payment of $136,367.79 due on June 19, 2010 (the "Assigned Payment") B. Allstate Life Insurance Company shall forward the Assigned Payment, within 7 days of the date due, by check made payable to "Bisbock Funding, LLC (# 521656)," at P.O. Box 102265, Atlanta, GA 30368-2265, in accordance with the parties' Stipulation. BE\374344\2 C. The terms of this order shall survive the death of the payee and shall be binding on the payee's heirs, beneficiaries and assigns. D. The payee shall receive from the transferee, within 30 days, the amount of $36,750.00 from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY BE\374344\2 -2- 10 5 HV 9 7 TIA 1a?l k jr Hi. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF MARTHA G. WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL DIVISION NO. 08-617 PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS PRAECIPE TO ADD TO THE PROTHONOTARY OF SAID COURT: Please add the attached Certificate of Service to the above captioned case. Thank you. LAW OFFICES OF LES IE D. JACOBSON Dated: March 3, 2008 By: Allen 15. Moyer ID # 81846 Attorney for Novation Capital, LLC 8150 Derry Street Harrisburg, PA 17111-5260 717-909-5858 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF MARTHA G. CIVIL DIVISION WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED No. 08-617 SETTLEMENT PAYMENT RIGHTS ORDER OF COURT AND NOW, this T day of February, 2008, it is ordered that the Petition to Transfer of Structured Settlement Payment Rights is granted. The Court specifically finds that: The payee has established that the transfer is in the best interests of the payee or the payee's dependents. 2. Based on the certification by an attorney for the transferee, and the court having not been made aware of any statute, regulation or order that would be incompatible with the proposed transfer, the transfer will not contravene any applicable federal or state statute or regulation, or the order of any court or administrative authority. The transfer complies with the remaining requirements of the Structured Settlement Protection Act, including sections 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6). Based upon the foregoing findings, IT IS HEREBY ORDERED that: A. The payments that are to be transferred are designated as follows: one lump sum payment of $56,367.79 out of the total lump sum payment of $136,367.79 due on June 19, 2010 (the "Assigned Payment"). B. Allstate Life Insurance Company shall forward the Assigned Payment, within 7 days of the date due, by check made payable to "Bisbock Funding, LLC (# 521656)," at P.O. Box 102265, Atlanta, GA 30368-2265, in accordance with the parties' Stipulation. BE\374344\2 . • C. The terms of this order shall survive the death of the payee and shall be binding on the payee's heirs, beneficiaries and assigns. D. The payee shall receive from the transferee, within 30 days, the amount of $36,750.00 from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: BE\374344\2 dge TRUE Cf°,Py ?. - In Testimony wri?tE^sf, :o`? my hand and the seal of said ccurt at arii=ie, Pa• This ... °z ..... day of...-??......., .;Z?? 16 ?,?E r-..... ................. Prothonotary -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF MARTHA G. WAGNER AND NOVATION CAPITAL, LLC FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL DIVISION NO. 08-617 PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS CERTIFICATE OF SERVICE The foregoing Order of Court granting the Petition for Approval of Transfer of Structured Settlement Payment Rights been served upon the following interested parties via first- class mail, postage prepaid this 3'd day of March, 2008, addressed as follows: Lisa Stern Drinker Biddle & Reath, LLP 1000 Westlakes Drive, Suite 300 Berwyn, PA 19312-2409 Lisa Sterner Allstate Life Insurance Company 544 Lakeview Parkway Vernon Hill, IL 60061 Martha G. Wagner 2761 Spring Road Carlisle, PA 17013 Allstate Insurance Company 544 Lakeview Parkway, L3F Vernon Hills, IL 60051 Allstate Life Insurance Company 544 Lakeview Parkway, L3F Vernon Hills, IL 60061 - - ?] t r- -r; i? t ? te r7; , r