HomeMy WebLinkAbout08-2278MARO & MARO, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No.: 89585
1115 West Main Street
Norristown, PA 19401
(610) 275-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson
Receivables Origination, LLC and
Charles Smeigh
NO: Of- a? 7' Ca;'?t 7-11-
JOINT PETITION FOR PARTIAL TRANSFER OF STRUCTURED
SETTLEMENT PURSUANT TO STRUCTURED SETTLEMENT PROTECTION
ACT. 40 P.S. 4000. ET SEO.
TO THE HONORABLE JUDGES OF SAID COURT:
And now comes your petitioner, 321 Henderson Receivables Origination, LLC,
by and through its attorneys, Maro & Maro, P.C., and joint petitioner, Charles Smeigh,
and in accordance with the applicable rules of Pennsylvania Civil Procedure, hereby
represents as follows:
1. Petitioner is 321 Henderson Receivables Originations, LLC. ("Buyer" or
Transferee"), with an office address located at 40 Morris Avenue, Bryn Mawr,
Pennsylvania, 19010.
2. Joint Petitioner is, Charles Smeigh ("Payee"), an adult individual who
resides at 268 Carlisle Ave, Enola, PA 17025.
3. This Joint Petition has been verified by the Transferee, 321 Henderson
Receivables Origination, LLC. and the Petition includes all necessary information as
prescribed by PA R.C.P. 229.2(d) et al and Section 3 of the Act, 40 P.S. §4001 et seq.
4. Pursuant to PA. R.C.P. No. 229.2(d)(3) there are four (4) attachments
incorporated herein as follows:
a. PA R.C.P. 229.2(d)(3)(i) Payee's Affidavit in Support of Petition.
Please see Attachment/Exhibit "I"; and
b. PA. R.C.P. 229.2(d)(3)(ii) An Initial Order of Court Scheduling
Hearing;
PA. R.C.P. 229.2(d)(3)(iii) A certification by Robert A. Maro, Esquire,
attorney for transferee, 321 Henderson Receivables Originations,
LLC.; and
d. PA. R.C.P. 229.2(d)(3)(iv) A Final Order of Court Granting
he Petition.
5. Joint Petitioner, Charles Smeigh, is the beneficiary of an annuity
owned by Erie Insurance Exchange and issued by Erie Family Life Insurance Company.
The structured settlement provides payment to the petitioner as described on
Attachment/Exhibit "2".
6. Joint Petitioner, Charles Smeigh, was represented by independent counsel in
this transaction. Joint Petitioner, Charles Smeigh and his attorney have reviewed and
discussed the terms of this transaction together and fully understating the terms therein,
freely and voluntarily executed the Purchase Agreement, Exhibit "A" to the Purchase
Agreement and the Disclosure Statement. A letter of representation from the attorney for
Charles Smeigh is attached hereto, incorporated herein and marked Attachment/Exhibit
6435
7. Joint Petitioner, Charles Smeigh, proposes to enter into a purchase agreement
with 321 Henderson Receivables Origination L.L.C.., its nominees, successors, or
assigns, whose address is 40 Morris Avenue, Bryn Mawr, Pennsylvania, 19010, who will
purchase the following from Petitioner's structured settlement as follows:
A) 1 payment of $1,000.00 on September 15, 2008 B) 1
payment of $1,000.00 on December 15, 2008 C) 1
payment of $1,000.00 on March 15, 2009 D) 1 payment
of $1,000.00 on June 15, 2009 E) 1 payment of $1,000.00
on September 15, 2009 F) 1 payment of $1,000.00 on
December 15, 2009 G) 1 payment of $1,000.00 on March
15, 2010 H) 1 payment of $1,000.00 on June 15, 2010 I)
1 payment of $1,000.00 on September 15, 2010 J) 1
payment of $1,000.00 on December 15, 2010 I) 1
payment of $1,000.00 on March 15, 2011 L) 1 payment
of $1,000.00 on June 15, 2011 M) 1 payment of
$1,000.00 on September 15, 2011 N) 1 payment of
$1,000.00 on December 15, 20110) 1 payment of
$1,000.00 on March 15, 2012 P) 1 payment of $1,000.00
on June 15, 2012 Q) 1 payment of $1,000.00 on
September 15, 2012 R) 1 payment of $1,000.00 on
December 15, 2012 S) 1 payment of $1,000.00 on March
15, 2013 T) 1 payment of $1,000.00 on June 15, 2013 U)
1 payment of $1,000.00 on September 15, 2013 V) 1
payment of $1,000.00 on December 15, 2013 V) 1
payment of $1,000.00 on March 15, 2014 X) 1 payment
of $1,000.00 on June 15, 2014 Y) 1 payment of $1,000.00
on September 15, 2014 Z) 1 payment of $1,000.00 on
December 15, 2014 ) 1 payment of $1,000.00 on March
15, 2015 ) 1 payment of $1,000.00 on June 15, 2015 ) 1
payment of $1,000.00 on September 15, 2015) 1
payment of $1,000.00 on December 15, 2015) 1 payment
of $1,000.00 on March 15, 2016 ) 1 payment of $1,000.00
on June 15, 2016 ) 1 payment of $1,000.00 on September
15, 2016 ) 1 payment of $1,000.00 on December 15, 2016
) 1 payment of $1,000.00 on March 15, 2017 ) 1 payment
of $1,000.00 on June 15, 2017
8. The structured settlement is currently owned by Erie Insurance Exchange and
issued by Erie Family Life Insurance Company, and the net amount in return payable to
Charles Smeigh is $16,100.00 from Buyer. A copy of the Purchase Agreement, Exhibit
"A' to the Purchase Agreement and Disclosure Statement is attached hereto, made apart
hereof, and designated Attachment/Exhibit "4".
9. The net amount payable to the payee after deduction of all commissions,
fees, costs, expenses, and charges is $16,100.00.
10. Based on the net amount that the payee will receive from this transaction
$16,100.00 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 20.98% per
year.
11. The Buyer furnished Charles Smeigh with a Disclosure Statement pursuant to
40 P.S. 4003 See Attachment/Exhibit "4") at least ten (10) days prior to the date on
which Charles Smeigh first incurred any obligation to the Buyer.
12. PA R.C.P. 229.2(b) requires the petition to be filed in the county in which the
payee is domiciled See also Section 4 of the Act 40 P.S. §4004). PA.R.C.P. 229.2(c)
also requires both the Transferee and Payee to be parties to the Joint Petition. Both
requirements have been fulfilled herein.
13. Written notice of the Transferee's Names, address and taxpayer identification
number has been given to the Annuity Issuer and Structured Settlement Obligor. A copy
of the Notice to the structured settlement obligor is attached hereto as Attachment/Exhibit
115". Joint Petitioners wills also serve written notice as required by 40 P.S. 4004 upon
all interested parties.
14. The Joint Petitioner's best interest would be served by granting the relief
requested herein for the following reasons. Joint Petitioner is currently single and has no
minor children. Mr. Smeigh currently owns the property located at 268 Carlisle Avenue,
Enola, PA 17025 and is behind on his mortgage with City Financial. The main purpose
of this transfer is to reinstate his mortgage so as Mr. Smeigh does not lose it to
foreclosure. With any additional money remaining, Mr. Smeigh intends to purchase a
reliable used vehicle. Based upon the foregoing which will be expanded upon at the time
of trial, the transfer is clearly in the best interest of Mr. Smeigh.
WHEREFORE, Joint Petitioner's respectfully requests this Honorable Court to
enter the Initial Order attached to this petition which shall schedule a hearing so that
Transferee and Payee shall have the opportunity to discuss the purpose and reasons for
the transfer and after hearing thereon, respectfully request that this Honorable Court enter
a Final Order approving the Transfer of Structured Settlement Payments Rights as is
mentioned herein.
B
Maro & Maro, P.C.
VERIFICATION
I, Maureen Healy, Vice President of 321 Henderson
Receivables Origination LLC, have read the foregoing Petition to Transfer Structured
Settlement Payment Rights between 321 Henderson Receivables Origination LLC and
rn c-? and hereby aver that the statements contained
therein are true and correct to the best of my knowledge, information and belief.
This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to the unsworn falsification to authorities.
Maureen Healy, VP
"-7-1 oa
Date
CERTIFICATION OF ATTORNEY FOR TRANSFEREE
I, Robert A. Maro, Esquire, attorney for Transferee, 321 Henderson Receivables
Origination L.L.C., hereby certify to the best of my knowledge, information and belief,
formed after reasonable inquiry, that the Transfer will comply with the requirements of
the Act (40 P.S. § 4000 et seq.) and will not contravene any other applicable federal or
state statute or regulation or the order of any court or administrative authority.
I, Robert A. Maro, Esquire, attorney for Transferee, 321 Henderson Receivables
Origination L.L.C., hereby verify that the facts and statements set forth herein are true
and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4904
to unsworn falsification of authorities.
H-7-,?
Date
Rd'b A: Maxr6 "Esquire
Attorney for Transferee, 321
Henderson Receivables Origination
L.L.C.
MARO & MARO, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No.: 89585
1115 West Main Street
Norristown, PA 19401
(610) 275-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Charles Smeigh
Entry of Appearance
TO THE PROTHONOTARY/CLERK OF SAID COURT
Enter my appearance on behalf of. 321 Henderson Receivables Origination. LLC.
Papers may be served at the address set forth below.
Respectfully Submitted:
Maro & Maro, P.?C.
By:
Robeft'A. 'Mee, Esquir
Attorney I.D. No 89585
Maro & Maro, P.C.
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600(office)
(610) 275-9666(Fax)
MARO & MARO, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No.: 89585
1115 West Main Street
Norristown, PA 19401
(610) 275-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Charles Smeigh
CERTIFICATE OF SERVICE
I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the
Petition for Transfer of Partial Structured Settlement has been served upon the following
entities via first class mail and/or certified return receipt requested and/or email on :
Erie Insurance Exchange
Erie Insurance Exchange
100 Erie Insurance Place
Erie, PA 16530
Erie Family Life Insurance Company
Attn. Legal Dept./structured Settlements
100 Erie Insurance Place
Erie, PA 16530
Michael D. Rentschler
Attorney for Charles Smeigh
28 n 32nd st
camphill, PA 17011
Date: q-7_(4
Charles Smeigh
268 Carlisle Ave
Enola, PA 17025,
By:
Attorney for 321 Henderson Receivables
Origination L.L.C.
ATTACHMENT/EXHIBIT 441"
Account ID: 316601
Payee's Affidavit in Support of
Petition to Transfer Structured Settlement Rights
I, Charles Smeigh, the payee, verify that the statements below are true and correct:
Payee's name, address and age: Charles Smeigh / 268 Carlisle Ave
Enola, PA 17025/ 52.
1. Marital Status:
_X_ Never Married; Married; Separated; Divorced
If married or separated, name of spouse: N/A
3. Minor Children and other dependents:
Names, ages, and places of residence: N/A
4. Income:
I am unemployed but receiving $1,650.00 monthly from disability benefits.
If presently married, spouse's monthly income and sources: N/A
5. Child support, alimony or alimony pendente liter
Obligation to pay: Yes X No
If yes, state the amount of the obligation, to whom payable, and whether there are
arrearages:
6. Previous transfers:
Have you previously filed a petition to transfer payment rights under the
structured settlement that is the subject of this petition? _X Yes No
If yes, for each petition that you filed,
AccountID: 316601
(a) If the transfer was submitted for court approval, list the court, the
case caption and case number, and state whether the court
approved or disapproved the transfer:
In the Court of Common Please of Cumberland County, Pennsylvania
No 07-1047 Civil
approved
(b) If the transfer was approved,
(i) State the name of the transferee and identify (listing due
dates and payment amount(s)) the payments involved in the
transfer:
321 Henderson Receivables Origination, LLC
Quarterly payments of $1,181.00 each, beginning June 15, 2007
and ending June 15, 2017
State the amount of money and the manner in which the
money was used:
Approximately $8,000.00 used to pay off debt and minor
home repairs.
(c) Have you ever transferred payments without court approval? If so,
please explain: No
7. Reasons for transfer:
Describe in detail you reasons for the proposed transfer, including an
explanation as to why a sale of a lesser amount of the structured settlement
amount will better serve your interests: I want to use the money from this transfer
Account ID: 316601
to pay off my mortgage and purchase a reliable used vehicle. The money I am
receiving will allow me to address my current needs.
8. Payment of debts:
If you seek the transfer in order to pay debts, list each debt, including the name of
the creditor and the amount presently owed:
Debt Creditor Amount Owed
Mortgage Payments City Financial $8-10K
Verification
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 unsworn falsification to authorities.
DATED:
Sign e
ATTACHMENT/EXHIBIT 112"
ERIE FAMILY LIFE INSURANCE COMPANY
100 ERIE INSURANCE PLACE
ERIE, PA 16530
CERTIFICATE
BRIE FAMILY LIFE INSURANCE COMPANY certifies that the purchase
payment for the following structured settlement has been paid in full,
as evidenced by the issuance of this certificate. The specifics of the
settlement are:
Certificate#i 606-878
Payee's Name: CHARLES SMEIGH
268 CARLISLE AVE
ENOLA, PA 17025
Schedule of Payments
Effective Bate: 04/12/2002
Birth Date! 12/05/1955
Benefit Type Duration Amount Mode
-------------- ---------------- r-e•. .....or.... ....
Certain 09/19/2002-06/15/2017 $2,181 0
Guaranteed Payout : $130,860 Expected Payout : $130,860
* Upon the death of the payee, any unpaid guaranteed payments will be
paid in accordance to the attached beneficiary designation.
This certificate outlines the structured settlement payments. It is
not a contract- The actual contract provisions will control,
C..- - ,
JAY MA I
VICE PRESIDENT & WMAGER
ERIE FAMILY LIFE INSURANCE COMPANY
ATTACHMENVEXHIBIT 4'39'
MAP--23-200e 04:26 AM
1,AW OFFICH OF
MICHAEL D.'0,NTSCHLER., P,C;,
28 North 3Z 4 Street
Camp bItli, Pennsylvania 17011
(717) 975-9129 Fax (727) 975-2939
March 21, 2008
3Ci Wentworth
40 Morris Avenue
Bryn MAWr, PA 19010
Attn: Busy Salazar
RE: Seller: Charles Smeigh
Annuity Policy Owner:
Annuity Policy Issuer:
Dear Ms. Salazar:
Erie Insurance Exchange
Erie Family Life Insurance Company
This office has acted a legal counsel to the Seller referenced above with respect to a transaction
more lhlly described in a Purchase Agreement between 321 Henderson Receivables Origination,
L,IX (the "Purchaseel and the Seller. This estoppel letter is being delivered at the Purchaser's
request pursuant to the Purchase Agreement and is being relied upon by the Purchaser in entering
into the within. tranwtion. Capitalized terms used and not otherwise defined herein shall have
the same meanings as ascribed thereto In the Purchase Agreement.
Subject to limitations, qualifications and exceptions set forth herein, and based upon the
representations of the Seller where indicated, we represent and state, as of the date hereof, that:
1. The undersigned is. an attorney licensed to practice law in the Commonwealth of
Pennsylvania, license #45836 and is In good standing with the State Bar Association of
the jurisdiction in which the undersigned is licensed to practice law,
2. The undersigned and his firm have acted as independent legal counsel to the Seller in the
above-referenced transaction and has provided legal, accounting and tax advice.
3. The undersigned has been available to the Seiler and has explained the terms of the
transaction contemplated in the Purchase Agreement and has inquired of the Seller and is
satisfied that the Seller understands tho nature and terms of such transaction.
4. The undersigned is satisfied that the Seller is entering into the transaction contemplated
by the Purchase Agreement of $oiler's own free will and volition and Is not under any
duress or undue influence relatiing to the Seller's entry into the transaction contemplated
in the Purchase Agreement.
P.0
MAP,-23--2008 04:27 AM
S. The undersigned has spoken with Seller and has physically inspected photographic
identification (Pennsylvania Driver's License and Social Security Card) of the Seller,
which photpgraph identification has been presented to the undersigned by the Seller in
person asul is satisfied that the person identifying herself as the Seller is the same petson
identified in the Annuity Policy referenced above.
6. The Seller's counsel W verified the "location" of the Seller (City: Enoia, State.
Pennsylvania, and County: Cumberland) in order that UCC-1 Financing Statements may
be filed in the appropriate jurisdietions.
7. Neither this office nor the undersigned has any interest, financial or otherwise, in the
ft maction contemplated in the Purchase Agreement. Our compensation is not affected
by the approval or denial of this transftr.
Very truly yours,
Michael D. Rentschler
P.03
Cc: Charles Smeigh
File
ATTACHMENT/EXHIBIT 664"
AccountlD: 316601
PURCHASE AGREEMENT
This is a Purchase Agreement. The date of this Agreement is a c b, 206. Charles J Smeigh is
the Seller. 321 Henderson Receivables Origination LLC, a Nevada Limited Liability Company, its
successors and/or assigns is the Buyer. In this Agreement, Charles J Smeigh is referred to as "You" or
"Your" and 321 Henderson Receivables Origination LLC or its nominee, is referred to as "We", "Us" or
„Our'
BACKGROUND OF THIS AGREEMENT
1. You or someone on your behalf signed a Settlement Agreement (the "Release" or the
"Settlement Agreement"). in connection with the resolution of a personal injury claim.
2. The insurer funded the Payments by buying an annuity contract (the "Annuity") issued by Erie
Family Life Insurance Company (the "Annuity Company").
3. A list of the Payments being sold under this Agreement is attached to this Agreement as
Exhibit "A".
4. You desire to sell and assign to Us all of Your rights to receive all or a portion of the Payments
under the Release, as described on Exhibit "A", all of the other rights You have under the Release and the
other rights as described in Section I (a) below. We desire to purchase all of Your rights and benefits, on
the terms and under the conditions described in this Agreement.
You and We agree as follows:
1. Purchase and Sale.
a. You now sell, transfer and assign to Us all of Your rights in the "Assigned Assets" as
listed in Exhibit "A". By Our signing this Agreement, We are hereby purchasing and
accepting the sale and assignment of all of the Assigned Assets described above.
b. The Gross Purchase Price is Eighteen Thousand Six Hundred Dollars and 00/100 Cents
($18,600.00). The Net Purchase Price payable to You is $16,100.00 (the "Purchase
Price"). The Net Purchase Price will be paid to You when both You and We sign this
Agreement and We have completed Our internal process.
2. Acknowledgment.
a. You will agree after Your signing of this Agreement to deliver to Us, addressed as We
may require, other notices, instructions or documents, and copies of them, as We think
are necessary or proper to carry out this Agreement.
b. When You and We sign this Agreement, You will also deliver to Us: (1) a letter
addressed to the Annuity Company directing that all payments of the Assigned Assets
after Your death shall be sent directly to Us, and (2) a Change of Beneficiary Form
changing the beneficiary of the Assigned Assets, after Your death, to "321 Henderson
Receivables Origination LLC", as sole beneficiary [(I) and (2) above are referred to as
the Change of Beneficiary Form]. The Change of Beneficiary Form will state that the
instructions may never be revoked and that no change may be made in the instructions or
@2007 321 Henderson Receivables Limited Partnership
AccountlD: 316601
in the payments (including as to the payee or the manner or place of making such
payments) without Our prior written consent. You will also, when this Agreement is
signed by You and Us, deliver to Us, addressed as We may require, such other notices,
instructions or documents, and copies of them, as We think are necessary or proper to
carry out this Agreement.
c. Before You and We sign this Agreement, You will deliver to Us an acknowledgment of
the Estate of Charles Smeigh, as primary beneficiary of the Assigned Assets, of the
terms of this Agreement. the Estate of Charles Smeigh will agree that they are not
entitled to any rights to any of the Assigned Assets.
d. You agree to sign all other documents which We may request forever naming Us as the
only beneficiary of the Assigned Assets, including but not limited to an agreement to
provide in Your Last Will and Testament that all of Your rights to the Assigned Assets
were sold to Us (a "Testamentary Agreement").
e. You acknowledge that We advised You to obtain independent professional tax advice to
determine whether this transaction will result in any adverse federal and/or state tax
consequences.
f. You acknowledge that We advised You must obtain independent legal representation
prior to executing this Agreement and that We have advised you that We may not refer
You to any specific attorney for such purpose.
Your Representations and Warranties. You now represent and warrant to Us that:
a. You own (and are selling and assigning to Us under this Agreement) all of the
Assigned Assets, free and clear of all claims, liens, charges, security interests,
encumbrances, and agreements of any nature (other than this Agreement), and
when You and We sign this Agreement, no one other than Us shall have any
present or future right to the Assigned Assets.
b. This Agreement and all of the other documents signed in connection with this
Agreement have been properly signed by You, and they represent Your legal,
valid and binding obligation, enforceable against You in accordance with their
terms.
c. The signing and performance of this Agreement by You and the transactions
described in this Agreement:
i. do not conflict with any other obligations of Yours;
ii. will not cause a violation under (or create any right of termination,
cancellation or acceleration or similar right under) any contract or
agreement by which You or Your assets, including the Release, are
bound or may be affected;
iii. will not create, or give any party (other than Us) the right to create, any
lien, charge, security interest or encumbrance in, to or on any of the
Assigned Assets; and
iv. will not create a present or future right in any other parry to make any
claim against You or Your assets, or any of the Assigned Assets.
@2007 321 Henderson Receivables Limited Partnership
Account ID: 316601
d. You understand the terms and provisions of this Agreement and You have been
represented by tax and accounting advisors and a lawyer in the signing of this
Agreement.
e. Neither You nor anyone else have to do anything else for (1) the proper signing
and performance by You of this Agreement and any transactions intended to be
done in this Agreement, or (2) the carrying out by Us of any of Our rights and
remedies under this Agreement. No other person has made a claim in any rights
in or to the Assigned Assets.
f. You have valid reasons for selling Your interest in the Assigned Assets rather
than obtaining a loan with the Assigned Assets as collateral, and You agree that
the transaction set forth in this Agreement is not a loan or other financing
transaction.
g. This Agreement is a valid sale, transfer and assignment to Us of the Assigned
Assets.
h. Your residence and legal address is as described in Paragraph 11 of this
Agreement. During the last years, You have lived at such address.
i. No representation or warranty of Yours in this Agreement or in any of the
documents delivered in connection with this Agreement or in any agreement
required by this Agreement, is inaccurate or contains any untrue or misleading
statement.
The signing by You of this Agreement will not violate any other promise or
agreement you have made with anyone else. You understand that any and all
restrictions on the assignability of the Scheduled Payments were included in the
Release and/or Annuity at Your request, for Your benefit and not for the benefit
of any other person. These restrictions, if any, were included by You as a
precautionary measure to make sure You were allowed favorable tax treatment
under the Internal Revenue Code. You understand that by entering into this
Agreement, you may be giving up this favorable tax treatment. You understand
that any income earned by You on any investment or use of the Purchase Price
may be taxable to You. You may have to pay more in taxes as a result of this
Agreement. For Our benefit and the benefit of Our assigns or successors, You
agree to WAIVE AND RELEASE all of Your rights in, to, or under, such
restrictions on assignability, if any.
k. You have not before the date of this Agreement, sold or assigned Your right to the
Assigned Assets or any part of the Assigned Assets. You do not owe any money
to Your present or former spouse for support maintenance or similar obligations,
nor do You owe any money to any of Your children or guardians of Your
children. The Assigned Assets are not subject to any community property or
similar marital rights of any person.
@2007 321 Henderson Receivables Limited Partnership
Account ID: 316601
1. Your right to the Assigned Assets is not affected by any mortgage, pledge, lien,
charge, security interest, encumbrance, restriction or adverse claim of any
nature. You understand that any violation of any of Your representations in
this agreement will result in an act of fraud by You which could result in
You being held responsible for damages in favor of Us, with money to be
paid by You to Us.
m. You are not in violation of any obligations concerning child-care, alimony or
support.
n. You now give up forever all Your rights in any agreement that says that You
cannot assign or sell Your rights in the Assigned Assets to Us. You have not
requested and You do not expect to receive from Us, a Form 1099 or any other
documentation which could make the transaction described by this Agreement
taxable to You in any way. You further understand that We have not given to
You any advice about any of Your taxes in this transaction. You have relied on
Your own professional advisors concerning taxes.
o. As of the date of this Agreement, You are of legal age in the state noted as Your
address in Section 11 of this Agreement, mentally sane, and of a sound mind.
You have never been convicted of a felony or any other crime involving
dishonesty.
p. You are very familiar with Your financial affairs and condition. With that full
understanding, You certify that (1) on the date We pay You the Purchase Price
and You sell to Us the Assigned Assets, the fair value of Your assets are and
will be greater than all of Your debts; (2) You presently intend to pay all of
Your creditors when such payments are due; and (3) You have not intentionally
hidden the fact from any creditor of Yours that You have entered into this
Agreement and the other documents referred to in this Agreement.
q. You do not intend to file for bankruptcy and there are no lawsuits or other
efforts by any of Your creditors to put You into bankruptcy or to take the
Assigned Assets.
r. The Purchase Price is not Your only or most important source of income and
You do not have any mental or physical problems that would prevent You from
having a paying job.
s. You promise to us that no broker, fmder, or other person other than those
persons named in the broker statement signed by you in connection with this
Agreement was involved in or important in arranging the purchase transaction in
this Agreement. No other person has a right to any fee, payment, commission,
or other compensation because of this Agreement.
t. You agree that We have not forced You to give to Us copies of any confidential
documents. You agree that We told You that We only needed to see those
documents which described the Assigned Assets so we could buy from You the
Assigned Assets. You agree that We do not intend to tell any other party about
what is included in those documents. You understand that if We do so, it will
only be for the sole purpose of buying the Assigned Assets.
@2007 321 Henderson Receivables Limited Partnership
Account ID: 316601
U. You understand that it usually takes six to eight weeks to complete this process,
but that it could take longer. You understand that you have to obtain court
approval of this transfer. YOU UNDERSTAND THAT, DUE
TO OCCASIONAL DELAYS, WE WILL HOLD
BACK THE AMOUNT EQUAL TO THE NEXT
TWO MONTHLY PAYMENTS DUE TO YOU
FROM THE ANNUITY COMPANY TO INSURE
THAT WE RECEIVE ALL OF THE PAYMENTS
THAT WE PURCHASE. YOU UNDERSTAND
THAT WE MAY EITHER PAY OR HOLD BACK
FUNDS TO SATISFY ANY JUDGMENTS, TAX
LIENS OR CHILD SUPPORT AGAINST YOU OR
THE ASSIGNED ASSETS AND DEDUCT THOSE
AMOUNTS FROM THE PURCHASE PRICE. YOU
UNDERSTAND THAT WE WILL DEDUCT FROM
THE PURCHASE PRICE ANY AMOUNTS OF
PAYMENTS RECEIVED BY YOU PRIOR TO
FUNDING, IF SUCH AMOUNTS ARE NOT
COVERED BY THE HOLD BACK FUNDS.
4. You promise Us that:
a. You will not, and will not allow any other party (except Us or Our assignee,
if applicable) to take funds away from the Assigned Assets. You will not
do anything else to affect the Assigned Assets. You will not say You still
own the Assigned Assets. You will not do anything or allow anyone else
to do anything that could in any way interfere with or lessen Our rights in
the Assigned Assets.
b. You will not do anything that will, or could in the future, violate the
Release, or any of the agreements required to be executed by this
Agreement. You also agree to cooperate with Us to help Us to obtain all of
the rights that We are buying from You in this Agreement and in the
Release.
c. You will give to Us at least thirty (30) days written notice of Your intention
to move Your residence or change Your legal address from the address in
Paragraph I 1 of this Agreement.
d. You will not make any change in Your instructions to the Annuity
Company regarding payments to be made to You.
10
(x)2007 321 Henderson Receivables Limited Partnership
AccountlD: 316601
e. You understand that the Annuity and the Release may say that You agree
not to sell Your rights to the Assigned Assets.
You agree to continue to cooperate with Us. This includes Your obligation
to immediately deliver to Us any checks, funds or other form of Payment
received after the date of this Agreement by You or anyone other than Us. If
any Payment is ever denied, delayed, or withheld from Us, as determined by
Us in our reasonable discretion, directly or indirectly on account of any act
or omission by You or any person acting for You, then You shall be in
default under this Agreement (and an Event of Default under §8 shall be
deemed to have occurred). Immediately upon such default, and without any
further notice to You, You will pay to Us the following amounts:
(i) the full, dollar value of all remaining Assigned Assets as they
become due after the date of the default;
All of the remedies specified under this section shall be cumulative with all
of the remedies for default pursuant to § 8.
g. If You learn before or after the signing of this Agreement of the threat or
actual beginning of any lawsuit or proceeding that has anything to do with
Our rights under this Agreement or the Assigned Assets, then You will
immediately notify Us of that and You will give Us copies of all notices and
other writings relating to it promptly after You receive them.
h. If You receive any notice relating to any supposedly unpaid claim affecting
the Annuity or the Assigned Assets or to any other claim against the
Annuity or the Assigned Assets, then You will promptly notify Us and will
promptly give Us copies of all notices and other writings relating to it
received by You promptly after You receive them.
5. RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT
WITHOUT PENALTY OR FURTHER OBLIGATION WITHIN TWENTY-ONE DAYS FROM THE
DATE YOU RECEIVE PAYMENT FROM 321 HENDERSON. In order for the cancellation to be
effective, You must mail a notice of cancellation by registered or certified U.S. mail, postmarked within
twenty-one (21) days of receipt of the Purchase Price to Us, c/o Manager of Operations at 3993 Howard
Hughes Parkway, Suite 250, Las Vegas, NV 89169-6754. Furthermore, in order for Your notice of
cancellation to be effective, Your registered or certified U.S. mail package to us must include a bank or
certified check for the full Purchase Price that We paid You under this Purchase Agreement. Any failure to
comply with the above procedure shall be a waiver of Your right to cancel this transaction.
6. Your Further Promises. You agree that, from time to time, at Your expense, You will
promptly sign and give to Us any and all documents to help Us realize our rights and benefits under this
Agreement. This promise includes signing, filing or allowing Us to file financing or continuation
statements, or amendments or assignments of those documents. You permit Us or others acting for Us to
sign our name and/or your name and file without Your signature such financing statements, if that is
permitted in Your state of residence. When You sign this Agreement, You will also sign and deliver to Us
a "Special Irrevocable Power of Attorney" You must retain the services of an attorney and deliver an
opinion of Your attorney about the sale of Assigned Assets to Us, in a form acceptable to Us.
11
@2007 321 Henderson Receivables Limited Partnership
Account ID: 316601
7. Continuation of Reure4entations. Warranties and Covenants. All of Your
representations, warranties and promises made in this Agreement will continue to be relied on by Us after
this Agreement is signed.
8. Event of Default. Your failure to comply with any term of this Agreement or Your
breach of any of Your representations in this Agreement will mean that You will be in default. We refer to
this as an "Event of Default." If there is an Event of Default, We have the right to sue You in court to make
You perform Your promises or to get money from You. Your failure to comply with any material terms of
this Agreement will be a default.
In Paragraph 4 (c) You agree to give US at least thirty (30) days written notice after Your move to
a new residence or change of Your legal address from the address in Paragraph 1 I of this Agreement. If we
are purchasing from You certain lump sum payments, We will contact you at least 3 months before the
scheduled payment is due to determine if the address change We have effected with the annuity company is
in place and to determine if Your legal address has remained the same. If We cannot contact you because
You have changed Your legal address or shoved Your residence and failed to notify Us, We will
consider such failure to notify Us to be an EVENT OF DEFAULT and We will exercise all of our
legal rights under this Agreement. OUR RIGHT TO PROCEED AGAINST YOU UNDER THIS
AGREEMENT SHALL BE SOLELY LIMITED TO WHEN YOU HAVE COMMITTED AN
EVENT OF DEFAULT. WE SHALL NOT HAVE THE RIGHT TO SUE YOU IF OR BECAUSE
THE ANNUITY COMPANY IS NOT ABLE TO MAKE PAYMENTS BECAUSE IT IS NOT
FINANCIALLY ABLE TO DO SO.
9. Controlling Law. This Agreement shall be governed, construed and enforced in
accordance with the internal laws of the State of your domicile without regard for the conflicts of law rules
thereof or elsewhere. (For Court Orders or Notice Transfers obtained in the following jurisdictions: AK,
AR, AL, AZ, CA, CO, CT, DE, FL, GA, Hl, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, Ml, MN, MO,
MS, MT, NC, NE, NJ, NM, NV, OH OK, OR, RI, SC, SD, TN, TX, UT, VA, WA, WV and WY the laws
of those jurisdictions shall be applied in the event of a dispute regarding the transfer.) Your domicile is the
proper place of venue to bring any action arising out of a breach of this Agreement.
10. Responsibility for this Agreement. This Agreement will hold responsible Your heirs,
executors, successors and assigns and will benefit Our representatives, successors, beneficiaries and
permitted assigns. Nothing in this Agreement is intended to give anyone other than You or Us or each of
Our successors or assigns any benefits.
11. Notices. All notices and other communications under this Agreement will be in writing
and will be made by delivery by means by which the sender obtains a receipt of delivery from the carrier
(including without limitation, certified mail return receipt requested or overnight courier services),
addressed to the party to whom a request or demand is to be made. Such demand or notice or request shall
be deemed given on the date which is one business day after the date sent by overnight mail or three days
after the date sent by certified mail.
The addresses of the parties are as follows:
If to You:
Charles J Smeigh
268 Carlisle Ave
Enola, PA 17025
12
@2007 321 Henderson Receivables Limited Partnership
Account ID: 316601
If to Us:
321 Henderson Receivables Origination LLC
3993 Howard Hughes Parkway
Suite 250
Las Vegas, NV 89169-6754
Attention: Manager - Operations
12. Past Actions. Anything either You or We did or said before this Agreement was signed
will not affect Your or Our rights under this Agreement in any way.
13. Expenses. Except as otherwise affirmatively set forth in this Agreement, You and We
agree that we will each pay our respective costs and expenses in connection with the carrying out of this
Agreement.
14. Headings. The section and subsection headings contained in this Agreement are for
reference purposes only and will not affect in any way the meaning or interpretation of this Agreement.
15. Counterparts. One or more originals of this Agreement may be signed with Your or Our
signature. When put together they will make one agreement and the Agreement will be considered signed
by all parties that need to sign. A facsimile signature will be considered an original.
16. Assignment. We and anyone to whom We assign this Agreement may assign Our right,
title and interest in and to this Agreement, the Annuity and the Assigned Assets without Your approval.
You and We agree that if there is an assignment by Us to someone else, We shall not be responsible to
You. You must look only to the person or company that We assign this Agreement to for any payment (for
example, of the Purchase Price) and performance of this Agreement. When asked by Us or any assignee,
You will sign and deliver any such documents as We may require to perform this transaction, as assigned.
17. Your spouse. You and Your spouse are fully aware of Your rights in the Assigned
Assets. You and Your spouse fully give up those rights. You and Your spouse understand that by selling
the Assigned Assets to Us, You and Your spouse are not receiving the same amount of money as You
would if You waited for all of the scheduled Payments of the Assigned Assets but, rather, are receiving a
discounted value in return for receipt of the Purchase Price immediately. You and Your spouse have valid
reasons for selling the Assigned Assets. You and Your spouse fully understand the terms of the Purchase
Agreement and understand that the sale of the Assigned Assets is final. You also understand that Your
spouse gives up any property right he or she may have in the Assigned Assets that Your spouse could claim
because of Your marriage.
18. Entire Agreement. This Agreement and the Exhibits and other documents You signed
make up the entire understanding and agreement between You and Us about this Agreement. This
Agreement replaces all prior agreements, whether written or oral, about this Agreement. This Agreement
may not be changed unless in a writing signed by You and Us.
19. Limitation of Liability of Buyer. You understand that Our liability to You under this
Agreement is strictly limited to the requirement to pay the Purchase Price and under no circumstances will
We be responsible for consequential damages.
20. Court Approval. You understand that court approval is required for this transfer.
You agree that you will obtain such court approval.
13
®2007 321 Henderson Receivables Limited Partnership
Account ID: 316601
21. Exhibits. Attached to this Purchase Agreement are the following Exhibits:
Exhibit "A" List of What Payments We are Buying.
321 HENDERSON RECEIVABLES ORIGINATION LLC
45?? 564
By:
Vice President
Charles J Smeigh GN HERE
Spouse
Intending to be legally bound, You and We have signed this Agreement as of the date at the top of
the first page of this Agreement.
Sworn to ands bscribed
before me this day of le:;C; 200
Notary
'??? nbtanat Seal
Lisa A. Seat. Nom put>Nc
Cr, Of Harrisburg, Dauphin 24 * 2011
My Commissim EA*O$
, Pennsyivarda Association of Notaries
Member
14
@ 2007 321 Henderson Receivables Limited Partnership
Exhibit A
We are hereby purchasing from You under the Annuity:
AccountlD: 316601
A) 36 quarterly payments of $1,000.00 each, beginning on September 15, 2008 and
ending on June 15, 2017
&X 52
Charles J Smeigkj SIGN HERE
STATE OF '`{Cu ?•?
COUNTY OF cl?
On this ? day of , 2 IF, before me, the above signed personally appeared before me, personally known to
me to be the perso oWame is su scribed to the within instrument and acknowledged to me that he executed it.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Lisa A. Sexy, Notary Pubic
City Of Hardsiwrg, Dauphin County
My Commission E.)bres July 24, 2011
Member, Penn<vivanla Associrtlon :if Notaries
r
AccountlD: 316601
SCHEDULE 1
DISCLOSURE STATEMENT
PLEASE BE ADVISED THAT THE PROPOSED TRANSACTION IS A
SALE, NOT A LOAN, AND THAT YOU WILL BE SELLING ALL RIGHTS
AND TITLE TO THE ASSIGNED ASSETS ONCE THIS TRANSACTION
IS CONSUMMATED. PLEASE BE ADVISED THAT YOU MAY BE
SUBJECT TO ADVERSE FEDERAL AND STATE INCOME TAX
CONSEQUENCES AS A RESULT OF THE PROPOSED TRANSACTION.
YOU SHOULD CONSULT YOUR OWN COUNSEL, ACCOUNTANT, OR
FINANCIAL ADVISOR REGARDING ANY FEDERAL OR STATE
INCOME TAX CONSEQUENCES ARISING FROM THE PROPOSED
TRANSFER.
YOUR PURCHASE PRICE WAS DERIVED ASSUMING A DISCOUNT
RATE SIGNIFICANTLY HIGHER THAN THE PRIME INTEREST RATES
CHARGED BY COMMERCIAL BANKS, THEREFORE, WE URGE YOU
TO EXPLORE ALL FINANCIAL OPTIONS.
WE WILL PURCHASE FROM YOU
A) 36 quarterly payments of $1,000.00 each, beginning on September 15, 2008
and ending on June 15, 2017
[THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
AccountID: 316601
SCHEDULE 1, PAGE 2
THE AGGREGATE AMOUNT OF THE PURCHASED PAYMENTS IS
$36,000.00.
THE DISCOUNTED PRESENT VALUE OF THE AGGREGATE
PAYMENTS AT 3.60% IS $30,451.45. THE DISCOUNTED PRESENT
VALUE IS THE CALCULATION OF THE CURRENT VALUE OF THE
TRANSFERRED STRUCTURED SETTLEMENT PAYMENTS UNDER
FEDERAL STANDARDS FOR VALUING ANNUITIES. THE GROSS
AMOUNT PAYABLE TO SELLER IS $18,600.00.
THE FOLLOWING EXPENSES ARE INCURRED BY THE SELLER
(YOU) AND WILL BE DEDUCTED FROM THE PURCHASE PRICE:
COMPLIANCE AND ADMINISTRATIVE FEE: $500.00
LEGAL FEES TO PROCURE COURT APPROVAL (THIS IS AN
ESTIMATE OF WHAT YOUR ATTORNEY WILL CHARGE YOU TO
OBTAIN COURT APPROVAL) : $500.00
FILING AND RELATED EXPENSES FEE: $1,500.00
THE NET AMOUNT PAYABLE TO THE SELLER(YOU) IS $16,100.00.
NO OTHER EXPENSES ARE INCURRED BY YOU.
THE DISCOUNTED PRESENT VALUE OF PAYMENTS SHALL BE
CALCULATED AS FOLLOWS: THE APPLICABLE FEDERAL RATE
USED IN CALCULATING THE DISCOUNTED PRESENT VALUE IS
3.60%.
THE EFFECTIVE ANNUAL DISCOUNT RATE FOR THIS
TRANSACTION IS 20.98%. THE CASH PAYMENT YOU RECEIVE IN
THIS TRANSACTION FROM US WAS DETERMINED BY APPLYING
THE SPECIFIED EFFECTIVE ANNUAL DISCOUNT RATE,
COMPOUNDED MONTHLY, TO THE TOTAL AMOUNT OF FUTURE
PAYMENTS TO BE RECEIVED BY US, LESS THE TOTAL AMOUNT OF
COMMISSIONS, FEES, COSTS, EXPENSES AND CHARGES PAYABLE
BY YOU.
Account ID: 316601
SCHgDULE 1, PAGE 3
THE NET AMOUNT THAT YOU WILL RECEIVE FROM US IN
EXCHANGE FOR YOUR FUTURE STRUCTURED SETTLEMENT
PAYMENTS REPRESENTS 52.90% OF THE ESTIMATED CURRENT
VALUE OF THE PAYMENTS BASED UPON THE DISCOUNTED VALUE
USING THE APPLICABLE FEDERAL RATE.
THE QUOTIENT OBTAINED BY DIVIDING THE NET PAYMENT BY
THE DISCOUNTED PRESENT VALUE IS 52.90%.
BASED ON THE NET AMOUNT THAT YOU WILL RECEIVE FROM US
AND THE AMOUNTS AND TIMING OF THE STRUCTURED-
SETTLEMENT PAYMENTS THAT YOU ARE TURNING OVER TO US9
YOU WILL, IN EFFECT, BE PAYING INTEREST TO US AT A RATE OF
20.98% PER YEAR. THE NET AMOUNT PAID TO YOU (THE PAYEE)
BY US (THE TRANSFEREE) REPRESENTS AN ESTIMATE OF THE
FAIR MARKET VALUE OF THE FUTURE PERIODIC PAYMENTS
TRANSFERRED UNDER THE STRUCTURED SETTLEMENT
AGREEMENT.
NOTICE OF CANCELLATION RIGHTS:
YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO
5:00 P.M. OF THE TWENTY-FIRST DAY FOLLOWING THE LATER OF
THE EXECUTION OF THE PURCHASE AGREEMENT, OR THE DATE
THE PAYEE BECOMES OBLIGATED UNDER THE PURCHASE
AGREEMENT WITHOUT PENALTY OR FURTHER OBLIGATION.
THIS CANCELLATION RIGHT CANNOT BE WAIVED IN ANY
MANNER.
TO CANCEL, YOU MUST PROVIDE WRITTEN NOTICE TO THE
TRANSFEREE. WRITTEN NOTICE SHOULD BE MAILED OR
DELIVERED TO THE ADDRESS BELOW BY 5:00 P.M. OF
(THE TWENTY-FIRST DAY FOLLOWING THE TRANSACTION). IT IS
BEST TO MAIL IT BY CERTIFIED MAIL, RETURN RECEIPT
Account ID: 316601
SCHEDULE 1, PAGE 4
REQUESTED, AND TO KEEP A PHOTOCOPY OF THE SIGNED FORM
AND YOUR POST OFFICE RECEIPT. ADDRESS TO WHICH
CANCELLATION IS TO BE RETURNED:
321 HENDERSON RECEIVABLES ORIGINATION LLC
3993 HOWARD HUGHES PARKWAY
SUITE 250
LAS VEGAS, NV 89169-6754
ATTENTION: MANAGER - OPERATIONS
IMPORTANT NOTICE: YOU ARE STRONGLY URGED TO CONSULT
WITH AN ATTORNEY WHO CAN ADVISE YOU OF THE POTENTIAL
TAX CONSEQUENCES OF THIS TRANSACTION.
PLEASE BE ADVISED THERE ARE NO PENALTIES OR LIQUIDATED
DAMAGES PAYABLE BY YOU IN THE EVENT OF ANY BREACH OF
THE TRANSFER AGREEMENT BY YOU. THERE ARE NO BROKERS
COMMISSIONS, SERVICE CHARGES, APPLICATION FEES,
PROCESSING FEES, CLOSING COSTS, FILING FEES,
ADMINISTRATIVE FEES, LEGAL FEES, NOTARY FEES AND OTHER
COMMISSIONS, FEES, COSTS, EXPENSES AND CHARGES PAYABLE
BY YOU OR DEDUCTED FROM GROSS AMOUNT OTHERWISE
PAYABLE TO YOU OTHER THAN THE COMPLIANCE AND
ADMINISTRATIVE FEE AND THE FILING AND RELATED EXPENSES
FEE.
IF YOU BELIEVE YOU WERE TREATED UNFAIRLY OR WERE
MISLED AS TO THE NATURE OF THE OBLIGATIONS YOU ASSUMED
UPON ENTERING INTO THIS AGREEMENT, YOU SHOULD REPORT
THOSE CIRCUMSTANCES TO YOUR LOCAL DISTRICT ATTORNEY
OR THE OFFICE OF THE ATTORNEY GENERAL.
THE EFFECTIVE DATE OF THE TRANSFER AGREEMENT SHALL BE
DEEMED TO BE THE DATE THAT THE AGREEMENT WAS SIGNED
BY THE YOU (PAYEE).
PLEASE BE ADVISED THAT PAYMENT TO YOU PURSUANT TO THE
TRANSFER AGREEMENT IS CONTINGENT UPON COURT APPROVAL
OF THE TRANSFER AGREEMENT, WHICH YOU MUST OBTAIN.
Account ID: 316601
SCHEDULE 1, PAGE 5
PLEASE BE ADVISED THAT PAYMENT TO YOU WILL BE DELAYED
UP TO 30 DAYS OR MORE IN ORDER FOR THE COURT TO REVIEW
AND APPROVE THE TRANSFER AGREEMENT.
BY SIGNING BELOW YOU ARE CONFIRMING RECEIPT OF THIS
DISCLOSURE AT LEAST 10 DAYS PRIOR TO RECEIPT OF THIS
CONTRACT.
C ARLES MEIGH SIGN HERE
ATTACHMENT/EXHIBIT "5"
321
HENDERSON RECEIVABLES ORIGINATION, LLC
April 4, 2008
Erie Family Life Insurance Company
100 Erie Insurance Place
Erie, PA 16530
Attn: Legal Department/Structured Settlements
Erie Insurance Exchange
Erie Insurance Exchange
100 Erie Insurance Place
Erie, PA 16530
Attn: Legal Department/Structured Settlements
RE: Notice of Sale/Assignment of Payment Rights
Your Contract #: 606878
Payee: Charles Smeigh
SS #: 191-46-3568
Dear Insurer:
Please be advised that 321 Henderson Receivables Origination LLC and/or its successors and
assigns, have entered into a transaction with the above-referenced annuitant who is seeking to
transfer certain of his/her rights to the payments scheduled to be received under the above-
referenced annuity policy. We are currently seeking court approval pursuant to the applicable
structured settlement transfer statute. Pursuant to the statute, please note the following
information about the Purchaser:
321 Henderson Receivables Origination LLC
40 Morris Ave
Bryn Mawr PA 19010
Tax ID # 20-4728885
PLEASE NOTE: No payments under this annuity should be held until the courts have entered a
final order and we have forwarded this order to you.
Very truly yours,
321 Henderson Receivables Origination LLC
By: !5?" 5?z
Maureen Healy, Vice Pr ent
3993 Howard Hughes parkway • Suite 250 • Las Vegas, NV 89169-6754
PHONE: (800) 454-93168 • FAX: (215) 567-7525 • E-MAIL:
JGW®JGWFUNDING.COM
WEB SITE: WWW.JGWFUNDING.COM
oo ?..?
00
_?
MARO & MARO, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No.: 89585
1115 West Main Street
Norristown, PA 19401
(610) 275-9600
Charles Smeigh
268 Carlisle Ave
Enola, PA 17025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO: O$- olQ78
Receivables Origination, LLC and
Charles Smeigh
NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED
SETTLEMENT PAYMENT RIGHTS
To: Erie Family Life Insurance Company
Attn. Legal Dept./structured Settlements
100 Erie Insurance Place
Erie, PA 16530
0,-(Y ,l l Tem.
Michael D. Rentschler
Attorney for Charles Smeigh
28 n 32nd st
Camphill, PA 17011
Erie Insurance Exchange
Erie Insurance Exchange
100 Erie Insurance Place
Erie, PA 16530
You are hereby given notice that 321 Henderson Receivables Origination L.L.C. has filed
a petition to transfer structured settlement payment rights. A hearing in this matter has been
scheduled on 971 Aq , 2008 at /0:00 4'o' clock in courtroom no. _ courthouse,
Cumberland Coun Court of Common Pleas, Carlisle, PA 17013.
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.
The Name, Address and Tax Identification number of the
Receivables Origination L.L.C.. 40 Morris Avenue, Bryn Mav'r,, A
4728885
L4-7-0Z
Date
BY:
?
APR 142008
;e is 91 nde son
10,'Tax Y.D. N . 20-
p
r IVVV?!!
F,obeff A`: Mafo, Esquire
Attorney for 321 Henderson
Receivables Origination, LLC.
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600
(610) 275-9666(facsimile)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Charles Smeigh .
INITIAL ORDER OF COURT
On this 15-4 day of 2008, it is ordered that a hearing on this
Petition to Transfer Structured S ttlement Payment Rights will be held on
2 a00 8 , in Courtroom at/6*,VV o'clock. The payee shall bring
incon. tax returns for the prior two (2) years to the hearing.
Within seveA (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 pendente lite. 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.
BY THE COURT:
??
(?Yr Q? -P371vm 1100 - 9,01sllh
Maro & Maro, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No.: 89585
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600 Attorney for 321 Henderson Receivables Origination, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: Joint Petition of 321 Henderson Receivables NO: 2008-2278
Origination, LLC and Charles Smeigh
CERTIFICATE OF SERVICE
I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the
Initial Order of Court was served upon the Payee, The Structured Settlement Obligor,
The Annuity Issuer, the Payee's Spouse and any person receiving child support, alimony
or alimony pendente lite.
A copy of the Notice is attached
Date: April 22, 2008 By
ob rt A. Maro, Esquire
Attorney for 321 Henderson Receivables
Origination, LLC
%ft
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Charles Smeigh
INITIAL ORDER OF COURT
On this -LSQay of 2008, it is ordered that a hearing on this
Petition to Transfer Structured Se lement Payment Rights will be held on
4:nb o'clock. The payee shall bring
1Y,&, Zq Qo,6in Courtroom Al atI
inco a tax returns for the prior two (2) years to the hearing.
Within sever (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 pendente lite. 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.
BY THE COURT:
?? .:fib Ja• F,t?#r. ? ,. ? ? ,~?S {./
rite
K
APR 14 2008
MARO & MARO, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No.: 89585
1115 West Main Street
Norristown, PA 19401
(610) 275-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO: ?$? a1a'T8 l?+Yt I 4
Receivables Origination, LLC and
Charles Smeigh .
NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED
SETTLEMENT PAYMENT RIGHTS
To: Erie Family Life Insurance Company
Attn. Legal Dept./structured Settlements
100 Erie Insurance Place
Erie, PA 16530
Erie Insurance Exchange
Erie Insurance Exchange
100 Erie Insurance Place
Erie, PA 16530
Michael D. Rentschler
Attorney for Charles Smeigh
28 n 32nd st
Camphill, PA 17011
Charles Smeigh
268 Carlisle Ave
Enola, PA 17025
You are hereby given notice that 321 Henderson Receivables Origination L.L.C. has filed
a petition to transfer structured settlement a ment rights. A hearing in this matter has been
scheduled on l;t?( -W , 2008 atA2UO'clock in courtroom no. courthouse,
Cumberland County Court of Common Pleas, Carlisle, PA 17013.
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.
The Name, Address and Tax Identification number of the nsfe a is j21 nde' on
Receivables Origination L.L.C.. 40 Morris Avenue, Bryn Ma A
Ot0 /? ax 20-
4728885 i
L4 -7-OZ
Date
BY:
j,obeffX Mafo, Esquire
Attorney for 321 Henderson
Receivables Origination, LLC.
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600
(610) 275-9666(facsimile)
??
t- - c'-?
?,..?
i °°-*, l
?.?
-,-, _ .
a?„
t; ;
_ .•
.?' - _-
t?•,
r
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO: d a? C1?li
Receivables Origination, LLC and
Charles Smeigh
FINAL ORDER OF COURT
On this j, Day of , 2008, it is ordered that the Petition to
Transfer of Structured Settlement ayment 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 statue 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);
(4) the payments that are to be transferred are designated as
follows:
A) 1 payment of $1,000.00 on September 15, 2008 B) 1
payment of $1,000.00 on December 15, 2008 C) 1 payment
of $1,000.00 on March 15, 2009 D) 1 payment of
$1,000.00 on June 15, 2009 E) 1 payment of $1,000.00 on
September 15, 2009 F) 1 payment of $1,000.00 on
December 15, 2009 G) 1 payment of $1,000.00 on March
15, 2010 H) 1 payment of $1,000.00 on June 15, 2010 I) 1
payment of $1,000.00 on September 15, 2010 J) 1 payment
of $1,000.00 on December 15, 2010 K) 1 payment of
$1,000.00 on March 15, 2011 L) 1 payment of $1,000.00
on June 15, 2011 M) 1 payment of $1,000.00 on September
15, 2011 N) 1 payment of $1,000.00 on December 15, 2011
O) 1 payment of $1,000.00 on March 15, 2012 P) 1
payment of $1,000.00 on June 15, 2012 Q) 1 payment of
$1,000.00 on September 15, 2012 R) 1 payment of
$1,000.00 on December 15, 2012 S) 1 payment of
' $1,000.00 on March 15, 2013 T) 1 payment of $1,000.00
on June 15, 2013 U) 1 payment of $1,000.00 on September
15, 2013 V) 1 payment of $1,000.00 on December 15, 2013
W) 1 payment of $1,000.00 on March 15, 2014 X) 1
payment of $1,000.00 on June 15, 2014 Y) 1 payment of
$1,000.00 on September 15, 2014 Z) 1 payment of
$1,000.00 on December 15, 2014 ) 1 payment of $1,000.00
on March 15, 2015 ) 1 payment of $1,000.00 on June 15,
2015 ) 1 payment of $1,000.00 on September 15, 2015 ) 1
payment of $1,000.00 on December 15, 2015 ) 1 payment
of $1,000.00 on March 15, 2016 ) 1 payment of $1,000.00
on June 15, 2016 ) 1 payment of $1,000.00 on September
15, 2016 ) 1 payment of $1,000.00 on December 15, 2016 )
1 payment of $1,000.00 on March 15, 2017 ) 1 payment of
$1,000.00 on June 15, 2017
(5) the terms of this order shall survive the death of the payee and shall be
binding on the payee's heirs, beneficiaries and assigns;
(6) the payee shall receive from the transferee, as of ,J'vk". ? L°dpthe amount of
$16,100.00, from which no funds are owed for counsel fees, administrative
fees, or other costs, fees or expenses.
BY THE COURT:
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