HomeMy WebLinkAbout08-3359
Maro & Maro, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No. 89585
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA
RE: Joint Petition of 321 Henderson :Docket No. Or- 35,5?
Receivables origination, LLC and :
Kathryn Martin : Civil Action - Law
PETITION FOR CONSENT AND COURT APPROVAL TO PROCEED WITH A
PARTIAL TRANSFER OF X STRUCTURED SETTLEMENT PURSUANT TO
STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEO.
AND NOW comes your Petitioner, 321 Henderson Receivables Origination, LLC, by and
through its attorneys, Maro & Maro, P.C. and joint Petitioner, Kathryn Martin, and in accordance
with the applicable rules of Pennsylvania Civil Procedure, hereby represents as follows:
1. On or about March 11, 1998 an annuity was purchased on behalf of Kathryn
Martin
2. Pursuant to the terms of the Annuity, Joint Petitioner, Kathryn Martin, is to
receive periodical lump sum payments from a structured settlement annuity issued
by Allstate Life Insurance Company ("Allstate") and owned by Allstate
Assignment Corporation ("Allstate Owner").
3. Joint Petitioner, Kathryn Martin has entered into a Purchase Agreement with Joint
Petitioner, 321 Henderson Receivables Origination, LLC., wherein Kathryn
Martin is transferring a partial amount of the payments from the aforementioned
annuity.
4. Petitioner has filed, and has pending, a Petition for Partial Transfer of Structured
Settlement in the Court of Common Pleas of Dauphin County, Pennsylvania,
which action is of record at Docket No. 2008-CZ-4754-MT. A true and correct
copy of the Petition is attached hereto, made a part hereof, and is marked as
Exhibit "A."
5. Allstate Life Insurance Company and Allstate Assignment Company has raised an
issue that need to be address by this Honorable Court, the Court of Common Pleas
of Cumberland County. Specifically, Allstate is requiring that Petitioner, Kathryn
Martin comply with 40 P.S. §4003(a)(5)(i)(B) of the Pennsylvania Structured
Settlement Protection Act, which provides that if the transfer would contravene
the terms of the structured settlement that the transfer be expressly approved in
writing by the court that previously approved the structured settlement - - which is
the Court of Common Pleas of CumberlandCounty, Pennsylvania.
6. Although Joint Petitioners, and their respective counsel, do not believe that such
approval is necessary, in an effort to avoid the time, expense and litigation, Joint
Petitioners have agreed to seek the express written approval of the Court of
Common Pleas of Cumberland County pursuant to 40 P.S. § 4003(a)(5)(i)(B).
7. Joint Petitioners aver that upon the obtaining of approval by the Court of
Common Pleas of Cumberland County, and such approval having been filed with
the Court of Common Pleas of Dauphin County, Pennsylvania, that Allstate Life
Insurance Company and Allstate Assignment Company will supply a Stipulation
and/or Order in connection with the Petition for Partial Transfer of Structured
Settlement and not oppose same.
8. No prejudice would be borne by this Honorable Court in granting the requested
relief.
i
9. Joint Petitioner's are not requesting the Court of Common Pleas of Cumberland
County to conduct a best interests hearing, rather they are simply requesting the
Court of Common Pleas of Cumberland County to give approval and consent to
proceed in Dauphin County, the County in which Petitioner, Kathryn Martin is
domiciled. It is at the hearing in Dauphin County, where a judge will hear the
merits of the case and decide whether or not to approve the partial transfer of
structured settlement pursuant to 40 P.S. § 4004 (Appropriate place of Jurisdiction
is based upon the domicile of the Payee, Kathryn Martin).
WHEREFORE, Joint Petitioners, 321 Henderson Receivables Origination, LLC. And
Kathryn Martin, respectfully requests that this Honorable Court enter the relief requested in the
proposed Order of Court which is attached hereto so that Joint Petitioner's are able to proceed
with the action of record in Dauphin County, Pennsylvania.
Respectfully submitted,
Mar. &,4c?I?P.C.
By:
e A ARU, ESQUIRE
o el for 321 Henderson Receivables
Origination, LLC.
1115 W. Main Street
Norristown, PA 19401
610-275-9600
VERIFICATION
I, Robert A. Maro, Esquire, Attorney for 321 Henderson
Receivables Origination LLC, have read the foregoing Petition for Consent to Proceed in
Dauphin County between 321 Henderson Receivables Origination LLC and Kathryn
Martin 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.
/ 01-41 k/u
Date
0
Maro & Maro, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No. 89585
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA
RE: Joint Petition of 321 Henderson : Docket No.
Receivables origination, LLC and :
Kathryn Martin : Civil Action - Law
CERTIFICATE OF SERVICE
I, Robert A. Maro, Esquire, certify that I caused to be served a true and correct copy of
the foregoing PETITION FOR CONSENT AND COURT APPROVAL TO PROCEED WITH A
PARTIAL TRANSFER OF A STRUCTURED SETTLEMENT PURSUANT TO
STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ. this 28 h day of
May, 2008, via First Class, postage pre-paid United States mail, upon the following:
Allstate Life Insurance Company
544 Lakeview Parkway
L3F
Vernon Hills, IL 60061
Attn: Lisa Sterner
Allstate Assignment Company
544 Lakeview Parkway
L3F
Vernon Hills, IL 60061
Attn: Legal Dept/structured settlements
Kathryn Martin
10329 Jonestown Road
Grantville, PA 17028
E
Lawrence Rosen, Esquire
Attorney for Kathryn Martin
1101 N. Front Street
Harrisburg, PA 17102-3324
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 CUMBERLANDCOUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and ;
Kathryn Martin Civil Action - Law
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.
Maro &aro, Y.C.
By:
Attorney I.D. No 89585
Maro & Maro, P.C.
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600(office)
(610) 275-9666(Fax)
Exhibit "A"
T
On this day of _ 2008) it is ordered that a hearing on this
Pe ' ion to ans0--
er t
Settlement Payment Rights will be held on
AIJ -1
in Courtroom --R- at ;! 'clock. The payee shall bring
income tax eturns for the prior two (2) years to the hearing.
N_
IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY.
PENNSYLVANIA :m
'rte
M
RE: Joint Petition of 321 Henderson NO: 2008-CZ-47"T Xrn
Receivables Origination, LLC and D c = ° o
Kathryn Martin Z M
INITIAL ORDER OF COURT
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.
Allstate Life Insurance Company
544 Lakeview Parkway
OF
Vernon Hills, IL 60061
Attn: Lisa Sterner
Allstate Settlement Corporation
544 Lakeview Parkway
OF
Vernon Hills, IL 60061
Attn: Legal Dept/structured settlements
Robert A. Maro, Esquire
Maro & Maro, P.C.
1115 W. Main Street
Norristown, PA 19401
Lawrence Rosen, Esquire
Attorney for Kathryn Martin
1101 North Front Street
Harrisburg, PA 17102-3324
Grantville, PA 17028
r
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 DAUPHIN COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Kathryn Martin
NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED
SETTLEMENT PAYMENT RIGHTS
To: Allstate Life Insurance Company
544 Lakeview Parkway
L3F
Vernon Hills, IL 60061
Attn: Lisa Sterner
Allstate Settlement Corporation
544 Lakeview Parkway
L3F
Vernon Hills, IL 60061
Attn: Legal Dept/structured settlements
You are hereby given notice that KATHRYN MARTIN has filed a petition to transfer
structured settlement payment rights. A hearing in this matter has been scheduled on
2008 at o'clock in courtroom no. courthouse, Dauphin County
Court of Common Pleas, Harrisburg, Pennsylvania, 17101.
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.
Kathryn Martin
10329 Jonestown Road
Grantville, PA 17028
Lawrence Rosen, Esquire
Attorney for Kathryn Martin
1101 North Front Street
Harrisburg, PA 17102-3324
The Name, Address and Tax Identification number of the transfe ee is 321 H
Receivables Origination, LLC. 40 Morris Avenue, Bryn MavrTA 1 10, T I.D.
4728885
Date
BY:
'Robert A. Maid; wire
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 DAUPHIN COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Kathryn Martin
INITIAL ORDER OF COURT
On this day of 2008, it is ordered that a hearing on this
Petition to Transfer Structured Settlement Payment Rights will be held on
----------------
in Courtroom at o'clock. The payee shall bring
income 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:
J.
IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Kathryn Martin
FINAL ORDER OF COURT
On this Day of , 2008, it is ordered that the Petition to Transfer of
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 incfedompatible with
the proposed transfer, the transfer will not contravene any applicable eral 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 $15,000.00 on August 11, 2009; and
b. 1 payment of $31,000.00 on August 11, 2014.
(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 , the amount of
$26,500.00, from which no funds are owed for counsel fees, administrative fees, or
other costs, fees or expenses.
BY THE COURT:
J.
IV
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 DAUPHIN COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Kathryn Martin
JOINT PETITION FOR PARTIAL TRANSFER OF STRUCTURED
LEMENT PURCTTANT'rn Q rnrTr.TTTV1--
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, Kathryn Martin,
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, Kathryn Martin ("Payee"), an adult individual who
resides at 10329 Jonestown Road, Grantville, PA 17028.
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;
c. 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, Kathryn Martin, is the beneficiary of an annuity owned by
Allstate Settlement Corporation and issued by Allstate Life Insurance Company. The
structured settlement provides payment to the petitioner as described on
Attachment/Exhibit "2".
6. Joint Petitioner, Kathryn Martin, was represented by independent counsel in
this transaction. Joint Petitioner, Kathryn Martin and her 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
Kathryn Martin is attached hereto, incorporated herein and marked Attachment/Exhibit
"399.
7. Joint Petitioner, Kathryn Martin, proposes to enter into a purchase agreement
with 321 Henderson Receivables Origination LLC., 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 $15,000.00 on August 11, 2009; and
b. 1 payment of $31,000.00 on August 11, 2014.
8. The structured settlement is currently owned by Allstate Settlement
Corporation and issued by Allstate Life Insurance Company, and the net amount in return
payable to Kathryn Martin is $26,500.00 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 $26,500.00.
10. Based on the net amount that the payee will receive from this transaction
$26,500.00 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 13.20% per
year.
11. The Buyer furnished Kathryn Martin 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 Kathryn Martin 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
"5". 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
one minor child, Julianna Fournier, age 2. Joint Petitioner is also expecting another child
shortly. Joint petitioner is employed full time as a sales associate for Frystown Parts.
The purpose of this transfer is to assist Ms. Martin with the purchase of a home for
herself and her children. Ms. Martin has entered into negotiations to purchase a trailer
for $17,000.00. The lot rent for the trailer is $300 per month, $3,600.00 per year. With
the money received from this transfer, Ms. Martin would pay for the trailer and the first
year of the lot rent. Secondarily, Ms. Martin has about $5,000.00 that she owes in debt.
She would like to pay off all of her debts from this transfer. Based upon the foregoing
which will be expanded upon at the time of hearing, this transfer is clearly in the best
interest of Ms. Martin and her minor child. With the purchase of a home, her children
and herself will be afforded stability and a better environment within which to live.
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.
Respectfully / Ybmitte
;r
BY Ir`` / f
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
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.
4t
Maureen Healy, VP
9
Date
CERTIFICATION OF ATTORNEY FOR TRANSFEREE
I, Robert A. Maro, Esquire, attorney for Transferee, 321 Henderson Receivables
Originations, LLC., 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
Originations, LLC., 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 relating
to unsworn falsification of authorities. ? //
~L -,:,Z
Date
Rbbeft A. MaX,Xre
Attorney for Transferee, 321
Henderson Receivables Originations,
LLC.
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 DAUPHIN COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Kathryn Martin
Entry of Annearance
TO THE PROTHONOTARY/CLERK OF SAID COURT
Enter my appearance on behalf of. 321 Henderson Receivables Ori ination LLC.
Papers may be served at the address set forth below.
Respectfully Submitted:
Maro & Mho, P.
By:,
AoM"• Moly, Ei?quire
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 DAUPHIN COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and ;
Kathryn Martin
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 :
Allstate Life Insurance Company
544 Lakeview Parkway
L3F
Vernon Hills, IL 60061
Attn: Lisa Sterner
Allstate Settlement Corporation
544 Lakeview Parkway
OF
Vernon Hills,lL 60061
Attn: Legal Dept/structured settlements
Kathryn Martin
10329 Jonestown Road
Grantville, PA 17028
Lawrence Rosen, Esquire
Attorney for Kathryn Martin
1101 North Front Street
Harrisburg, PA 17102-3324
Date: y , ,)- _ ,r, g
By:
Robed A: MV EsYuire
Attorney for 321 Henderson Receivables
Originations, LLC.
ATTACHMENT/EXHIBIT "I"
Payee's Affidavit in Support of
Petition to Transfer Structured Settlement Rights
I, Kathyrn Martin, the payee, verify that the statements below are true and correct:
Payee's name, address and age: Kathyrn Martin, 10329 Jonestown Rd
Grantville, PA 17028
1. Marital Status:
X Never Married; Married; Separated; Divorced
If married or separated, name of spouse:
3. Minor Children and other dependents:
Julianne Fournier, age 2, resides with me
4. Income:
Payee's monthly income and sources: I am currently employed by Frystown
Truck Stop as a sales associate earning $18,000.00 annually.
(a) If presently married, spouse's monthly income and sources:
5. Child support, alimony or alimony pendente lite:
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? Yes X No
If yes, for each petition that you filed,
(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:
(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:
(ii) State the amount of money and the manner in which the
money was used:
(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 intend to use the proceeds from this
transfer to purchase a trailer and pay off my debt.
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
N/A
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: -00 A4fature
ATTACHMENT/EXHIBIT 662"
Uniform Qualified Assignment
4101-
"Claimant" Kathryn Martin
"Assignor' Allstate Insurance Company
"Assignee" Allstate Settlement Corpora/ on
"Annuity Issuer" Allstate Life Insurance Company
"Effective Date, VV I l qq
This Agreement is made and entered Into by and between
the parties hereto as of the Effective Rate with refererice to
the following facts;
A. Claimant has exectAW a settiemertt agreement or
release dated M-., 0 l1 018-3a
(the "Settlement Agree tent") that provides for the
Assignor to make certain periodic payments to or for
the benM of the Claimant as stated in Addendum
No.1 (the "Periodic Payrnents'J; and
3. The Assignee's liability to make the Periodic
Payments is no greater than that of the Assignor
immediately preceding this Agreement Assignee is
.not required to set aside specific assets to secuis the
Periodic Payments. The Clalmard has no rights
against the Assignee greater than a general creditor.
None of the Periodic Payments may be accelerated,
deferred, increased or decreased and may not be
anticipated, sold, assigned or encumbered.
B. The parties desire to effect a "qualified assignment' 4. The obligation assumed by Assignee with respect to
within the meaning and subject to the conditions of any required payment shall be discharged upon the
Section 130(c) of the internal Revenue Code of 1986 mailing on or before the due date of a valid check in
(the "Code'. the amount specified to the address of record.
NOW, THEREFORE, In consideration of the foregoing and
other good and valuable consideration, the parties degree
as follows.
1. The Assignor hereby assigns and the Assignee
hereby assumes d of the Assignors liability to make
the Periodic Payments. The Assignee assumes no
liability to make any payment not specified In
Addendum No. 1.
The Periodic Payments constitute damages on
account of personal Injury or sickness in a case
Involving Physical Injury or physical sickness within
the meaning of Sections 104(a)(2) and 130(c) of the
Code.
6. This Agreement shall be governed by and
interpreted In accord with the laws of the
i State of Re
B: The Assignee may fund the Periodic Payments by
purchasing a "qualUled funding assert" within the
meaning of Section 130(d) of the Code in the form of
an annuity contract Issued bythe Annuity Issuer. All
rights of ownership and control of such annuity
contract shall be and remain vested in the Assignee
exclusively.
F. The Assignee may have the Annuity Issuer send
payments under any "qualify funding asset"
purchased hereunder directly to the payee(s)
specified In Addendum No. 1. Such direction of
payments shall be solely for the Assignee's
convenience and shall not provide the Claimant or
any payee with any rights of ownership or control
over the "qualffied funding asset" or against the
Annuity Issuer.
i 'd 71%1 nooa! I) 7ni r-00A-) i i doue ww i s ea7:1 I on M jew
R. Assignee's gabgky to make the Periodic Payments
shall continue without diminutlon regardless of any asset" purchased hereunder to Assignor, and
Assignee's liability for the Periodic Payments shall
bankruptcy or Insolvency of the Assignor, terminate.
9. In the word the Settlement Agreement Is declared
terminated by a court of law or In the
event that 10. ThisAgreement shall be binding upon the respective
.
Section 130(0) of the Code has not been satisfied,
this Agreement shag terminate. The Assignee shall representatives, helm successors and assigns of the
Claimant, the Assignor and the Assignee and upon
then assign ownership of any "qualMed funding any person or entity that may assert any right
hereunder or to any of the Periodic Payments;
Assignor Al Atate Insurance Com)anv
Title - - -epresenia ?.
P w-1
PdntW1AUSA t`'ssrA National Structured Settlements Trade Association uoA ED. 4-85
7•d 7M (1000,1 ) 7ni n•Mg-i i i douc ww 14 ear. 1.1. On 9n JBIN
Addendum No.1
Description of Periodic Payments
Please make the following payments to
Kathryn Martin:
Beginning on August 11, 2002, $7,000.00 per year
for four (4) years;
4,$15,000.00 paid on August 11, 2007;
$15,000.00 paid on August 11,2009;
/$31,000.00 paid on August 11, 2014.
i OW$
Assignor.
Assignee:
Pclnled 1n USA
UQA ED. 4-88
?•• ^•,•••• 7n 1 n_nna ? 1 ? rlnl IL% WW I J nno• 1 I On Oft JGIAI
Aflstate® m"TrIm INsuk wcE C01{rA?lY HOME OMCE, NORTTiBROOtt, D-LD4019
.? /
Obligee: Kathryn Martin 90-302-861
%4aster Bond Number: 05-016 300 SB
Date of Qualified Assignment: March 11, 1998 ?
Know all men by these present, that we, ALLSTA7E SETTLEMENT CORpORA770N, a Nebraska corporation, as
Principal, and ALLSTATE INSURANCE COMPANY, an Illinois corporation, as Surety, are held and firmly bound
hereunder to the Obligee to make certain scheduled payments due from the Principal to the Obligee under the terms o: a
Qualified Assignment, a copy of which is attached hereto and becomes a part hereof, for which mini, well and truly to be
paid, Arc bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firnily by these
presents.
The condition of this obligation is such, that:
WHEREAS, the Principal has assumed, under a Qualified Assignment, the obligation to make oeitain scheduled papnents
to the Obligee, and
WHEREAS, the Principal's assumption of said payment obligation has been consented to by the Obligee and bas been
accomplished witWn. the meaning of Section 130(c) of the internal Revenue Code of 1986, as amended, by means of
aforesaid Qualified Assignment. and
WHEREAS, the Principal has purchased a qualified fiutding asset within the meaning of Section 130(4) of the Code, the
proceeds of which will apply to discharge said scheduled pt?yment obligation to the Obligee.
NOW, THEREFORE, if the Principal shall fail to make any scheduled payments to the Obligee as assumed under said
QUALIFIED ASSIGNMENT, then the Surety shall make such scheduled payment or payments within 10 days after
receipt of notice by the Obligee. Notice to the Surety shall be by certified or registered mail seat to Allstate Insurance
Company, 3075 Saunders Road, Suite 112A, Northbrook, IL 60062-7127.
Any dispute with respect to the interpretation of this bond or performance of the obligation set forth hcrein shall be
governed by the laws of the State of Nebraska,
Sealed with our seals, and dated this 3rd day of November Ig 99
Countersigned:
l% Jonathan A. Foremast
UB IX.a•20
-A - n..nn, , ,
ALLSTATE SETTLBhtENT CO TION
URA •N
ALLSTATE INS COMPANY
?S
r3•' c,000-144
• i -c
?_.--? LIN O
By
(AttOpney-Li-Fact)
•fn I ^ ^nc?- I I , Mini In vv t I nnn• I t nn On JAIAI
ATTACHMENT/EXHIBIT 443"
0V31/2008 14:57 7172343650 KREVSKY AND ROSEN PC 'PAGE
. 03
COUNSELORS AT LAW
1101 NORTH FRONT STREET
HARRISBURG. PENNSYLVANIA 17102.3324
Sanford A. Krevsky
Lawrence J. Rosen
Joshua M. Goldberger
March 31, 2008
J,a. WENTWORTH
40 MORRIS AVENUE
BRYN MAWR, PA 19010
Re: Katherlne Martic?
To Whom it May Concern:
I have provided representation-to Katherine Martin on the structured settlement
matter. I have provided her with legal, tax and financial advice regarding same.
Sincerely,
nce J. Rosen
Tol. (717) 234-4683
Fax (717) 234-3850
LJR:alr
ATTACHMENT/EXHIBIT 4649!
Mar 45 08 08,38a FTAA Shop 717-933-0102 7179330102 p,9
Account ID: 349584
PURCHASE AGREEMENT
This is a Purchase Agreement. The date of this Agreement is A 4L f ? 200_j Kathryn Martin is the
Seller. 321 Henderson Receivables Origination LLC, a Nevada Limited Liability Company, its successors
and/or assigns is the Buyer. In this Agreement, Kathryn Martin 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 AGREEIVI NT
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
Allstate 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", ail of the other rights You have under the Release and the
other rights as described in Section 1(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 Mce is Twenty Nine Thousand Two Hundred Fift Dollars and
00/100 Cents ($29, 50.00). The Net Purchase Price payable to You is V6,500.00 (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 gall 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 ((1) 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 PartncaWp
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P.10
Account lD: 349584
in the
mend wit ou tp ding as to the payee or the manner or place of making such
p y ) prior written consent. Yost will also, when this A
siagned by You and
lis, deliver to Us, addressed as We may require, such othn7oti es,
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 Kathryn Martin, as primary beneficiary of the Assigned Assets, of the terms
of this Agreement. the Estate of Kathryn Martin 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 speck attorney for such purpose,
3. Your Representations and Warrantiea• 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;
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;
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 party to make any
claim against You or your assets, or any of the Assigned Assets,
@2007 321 HendeFSOn Receivables Limited Partnership
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Account ID: 349584
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.
J 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
restricdous 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 is 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.
10
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Account ID: 349584
1. Your right to the Assigned Assets is not affected by any mortgage, pledge, lien,
charge, security lnteresr, 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
domunentation 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 I l 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, finder, 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.
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.
11
@2007 321 Madman Rexirables Limited Partnership
Mar f5 08 08:40a FTAA Shop 717-933-0102 7179330102 p.13
Account ID: 349584
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 l t of this Agreement.
d. You will not make any change in Your instructions to the Annuity
Company regarding payments to be made to You.
12
@2007 321 Hardcrsm Receivables Limited Parin"ip
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p.14
Account ID: 349584
e. You understand that the Annuity and the Release may say that You agree
not to sell Your rights to the Assigned Assets.
f. 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 se.
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 Armuity 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. 12IGHT TO ANCELLATiON YOU MAY CANCEL THIS CONTRACT QIII ,I 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 8 9 1 6 9-6754. 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 sip 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 tvithout 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.
D
C-2007321 HCadc mn Receivables Limited ParnrerAip
Mar 15 08 08:41a FTAA Shop 717-933-0102 7179330102 p.15
Account 1D: 349584
7. Continuation of M1presentatians. 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• Fr,YSlJt of Default, Your failure to comply with any tern 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 Defluilt." 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 11 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 moved 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. OLM 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 BECAI:SE
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, HI, ]A, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO,
MS, MT, NC, NE, NJ, NM, NV, OH OK, OR. RI, SC, SD, TN, TX, UT, VA, WA, IYV and WY the laws
of those jurisdictions shall be applied in the event of it 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. RMonsibility 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.
If. Notices . All notices and other communications under this Agreement will be in writing
and will be wade 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:
Kathryn Martin
10329 Jonestown Rd
Grarttville, PA 17028
14
(x)2007 321 Hen&tson Receivables Limited Partnership
. ' Mar'1b 08 08;42a FfAA Shop 717-933-0102 7179330102 p.16
Account ID: 349584
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. Hea in s. 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. Qunte arts. 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. A,ssi¢nment. 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. Limitatloa 2f Liability of Bayer 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 Aaarovnl. You understand that court approval is required for this transfer.
You agree that you will obtain such court approval.
15
GZOD7 321 H011(IMat RecdYAW3 Limited Putnetship
Mar •15 08 08:42a FTAA Shop 717-933-0102
7179330102 p.17
AccountlD: 349584
21. 9xhibits. Attached to this Purchase Agreement are the following Exhibits:
Exhibit "A" List of What Payments We are Buying.
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.
32114ENDERSON RECEIVABLES ORIGINATION LLC
By:
Vito President-Operations
Kathryn Mart SIGN HERE
Sworn to and subscribed C
before we this nn day o _Ojtg?, 200 1
If:.
At W,
Notary
Notadal Seal I
MU W9 P. Neal. Notary Put*c
IN OM CRY TWP . i ebenan Ca any I
:.YOMriftba E::plrasapr. 7, 2 8
'? ?.?:.Y?3:ine`ri•..:r:111..Anf.'li ?r!fll ilf l?0:£i:ti..
spouse
lb
02007 321 Hen&Am Receivables Limited Pmtnasbip
Mar 4 08 08;43a FTAA Shop 717-933-0102 7179330102 p.18
Account ED: 349584
xb Ibit
We are hereby purchasing from You under the Annuity:
0-- 01'
A) 1 payment of $15,000.00 on August 11, 2009 B) 1 payment of $31,000.00 on August 11, 02 14
Kathryn Martin SKIN I38IZE
STATE OF
COUNTY OF
-L
On this day of (yba6\
, 206?, before me, the above signed personally appeared before me, personally known to
me to he the person whose name is subscribed to the within instrument and acknowledged to me that lie executed it.
Notary
i c rrk.! Seal
R h ?Notary Public j
-' ??nrtar:?T%p., LebwonUa•r;^ I
.',vt
Mar 16 08 08;36a FTAA Shop 717-933-0102 7179330102 p,4
Account ID' 349584
SCHEDULE1
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 FRONJ YOU A) 1 payWnt of $15,000.00 on August
11, 2009 B) payment of $31,000.00 on August 11, 2014
[THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
Mar 1'5 08 08;37a FTAA Shop 717-933-0102 7179330102 p.5
SCHEDULE 1. PAGE 2
Account ID: 349584
THE AgGREGATE AMOUNT OF THE PURCHASED PAYMENTS IS
$46,000.00.
THE DISCOUNTED PRESENT VALUE OF THE AGGREGATE
PAYMENTS AT 3.60% IS $38,942.78. THE DISCOUNTED PRESENT
VALUE IS THE CALCULATION OF THE CURRENT VALUE OF THE
TRANSFERRED STRUCTURED SETTLEMENT PAYMENTS UNDER
FEDERAL STANDARDS FOR VALUING !PMITIRS.
THE GROSS
AMOUNT PAYABLE TO SELLER IS $29,25 .00.
THE FOLLOWING EXPENSES ARE INCURRED BY. THE SELLER
(YOU) AND WILL BE DEDUCTED FROM THE PURCHASE PRICE:
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COMPLIANCE AND ADMINISTRATIVE FEE: $750.00
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 $26,500.00.
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 AN LAVAL DISCOUNT RATE FOR THIS
TRANSACTION IS 13. 0%. 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.
' r
Mar 16 08 08:37a FTAA Shop 717-933-0102 7179330102 p,6
Account ID; 349584
SCHEDULE is PAGE 3
THE NET AMOUNT THAT YOU WILL RECEIVE FROM US IN
EXCHANGE FOR YOUR FUTURE STRUCTURED SETTLEMENT
PAYMENTS REPRESENTS 68.00% 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 68.00%.
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 US,
YOU WILL, IN EFFECT, BE PAYING INTEREST TO US AT A RATE OF
13.20% 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
0
4 Mar 15 08 08:38a FTAA Shop 717-933-0102 7179330102 p.7
Account ID: 349584
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.
Mar 1fi 08 08:38a FTAA Shop 717-933-0102 7179330102 p.8
Account ID: 349584
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.
0
KATH N MARTIN sicN
ATTACHMENT/EXHIBIT 465"
321
HENDERSON RECEIVABLES ORIGINATION, LLC
April 17, 2008
Allstate Life Insurance Company
544 Lakeview Parkway, L3F
Vernon Hills, IL 60061
Attn: Legal Department/Structured Settlements
Allstate Settlement Corporation
544 Lakeview Parkway, OF
Vernon Hills, IL 60061
Attn: Legal Department/Structured Settlements
RE: Notice of Sale/Assignment of Payment Rights
Your Contract #: 90-302-861
Payee: Kathryn Martin
SS #: 191-70-7387
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:
Maureen Healy, Vice P ent
3993 Howard Hughes parkway • Suite 250 • Las Vegas, NV 89169-6754
PHONE: (800) 454-9368 • FAX: (215) 567-7525 • E-MAIL:
JGW@JGWFUNDING.COM
WEB SITE: WWW.JGWFUNDING.COM
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IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY.
PENNSYLVANIA
RE: Joint Petition of 321 Henderson : Docket No. 0$ -3 9 Civil (e-?'
Receivables origination, LLC and :
Kathryn Martin : Civil Action - Law
ORDER OF COURT
AND NOW, to-wit, this day of 2008, upon
consideration of the within PETITION FOR CONSENT AND COURT APPROVAL TO
PROCEED WITH A PARTIAL TRANSFER OF A STRUCTURED SETTLEMENT
PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ.
and upon consideration of the Joint Petition for Partial Transfer of Structured Settlement by Joint
Petitioner's 321 Henderson Receivables Origination, LLC and Kathryn Martin of record in the
Court of Common Pleas of Dauphin County, Pennsylvania at Docket No. 2008-CZ-4754-MT,
and upon consideration that the proposed transfer would allegedly contravene the terms of the
structured settlement which was previously approved by this Honorable Court, it is hereby
ORDERED, ADJUDGED and DECREED that express approval is hereby granted to
KATHRYN MARTIN pursuant to 40 P.S. §4003(a)(5)(i)(B) to proceed in the Court of Common
Pleas of Dauphin County, Pennsylvania with the Joint Petition for Partial Transfer of Structured
Settlement.
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Maro & Maro, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No. 89585
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA
RE: Joint Petition of 321 Henderson : Docket No. 08-3359
Receivables origination, LLC and :
Kathryn Martin : Civil Action - Law
EMERGENCY AMENDED PETITION FOR CONSENT AND COURT APPROVAL TO
PROCEED WITH A PARTIAL TRANSFER OF A STRUCTURED SETTLEMENT
PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET
SEQ.
AND NOW comes your Petitioner, 321 Henderson Receivables Origination, LLC, by and
through its attorneys, Maro & Maro, P.C. and joint Petitioner, Kathryn Martin, and in accordance
with the applicable rules of Pennsylvania Civil Procedure, hereby represents as follows:
1. Joint Petitioner's hereby incorporate their Original Petition for consent and court
approval to proceed with a partial transfer of structured settlement pursuant to Structured
Settlement Protection Act which was filed with the Court of Common Pleas of Cumberland
County on May 30, 2008 as if same were set forth herein at length
2. By this emergency amended Petition, Joint Petitioner's are seeking to amend and
modify the original petition filed on May 30, 2008.
3. Included in the original petition filed on May 30, 2008, the Joint Petitioner's were
essentially requesting that this court, the Court of Cumberland County who originally approved
the structured settlement in this matter, grant consent and approval for Joint Petitioner's to
proceed in the Court of Common Pleas of Dauphin County, which action is of record at Docket
No. 2008-CZ-4754-MT.
4. Joint Petitioner's requested this consent from Cumberland County because it was
believed that Joint Petitioner, Kathryn Martin, resided in the County of Dauphin.
5. On June 13, 2008, this Court, the Court of Common Pleas of Cumberland County, did
grant consent to proceed in Dauphin County. A copy of the approval order signed by the
Honorable Edgar B. Bayley is attached hereto as exhibit "A".
6. After this Order was executed, Joint Petitioner, Kathryn Martin, informed Joint
Petitioner 321 Henderson Receivables Origination, LLC., that the city in which she resides,
Grantville, PA, is divided between both Dauphin County and Lebanon County. Further, Kathyrn
Martin, informed 321 Henderson Receivables Origination, LLC, that she resides in Lebanon
County.
7. As a result of Joint Petitioner Kathryn Martin residing in Lebanon County,
jurisdiction to determine the best interest of the transfer of structured settlement is proper in
Lebanon County and not Dauphin County. 40 P.S. §
8. As a result of this, a Petition for Partial Transfer of structured settlement was filed
with the court of Common Pleas of Lebanon County, docketed at 2008-01442 on July 7, 2008.
A copy of the Initial Order of Court from Lebanon County is attached hereto as Exhibit "B".
9. The Petition for Partial Transfer of Structured Settlement which was filed in Lebanon
County is identical to the Petition that was filed in Dauphin County, the only difference being the
Court/County in which the Petition was filed.
10. A hearing on the Partial Transfer of structured settlement in Lebanon County is
scheduled for August 1, 2008 at 8:30 a.m. in the Chambers of the Honorable Bradford H.
Charles.
11. The structured settlement annuity is issued by Allstate Life Insurance Company
("Allstate") and owned by Allstate Assignment Corporation ("Allstate Owner").
12. On July 29, 2008, Allstate and Allstate Owner requested that we again obtain consent
from Cumberland County to proceed in Lebanon County. Allstate and Allstate
Owner stated that the original order signed by Judge Bayley on June 13, 2008
granting consent to proceed was only for consent to proceed in Dauphin County and
therefore not valid to proceed in Lebanon County.
13. At this time, Joint Petitioner's are essentially asking the Court of Common Pleas of
Cumberland County to modify its order dated June 13, 2008 by removing references
to Dauphin County and inserting Lebanon County. All of the terms of the transaction
are exactly the same, the only difference is the County is which the Petitioner will be
heard.
14. Joint Petitioner's require this modified order as soon as possible so that the order can
be forwarded to Allstate and Allstate Owner so that the hearing scheduled in Lebanon
County for August 1, 2008 at 8:30 a.m. can proceed as scheduled.
15. Joint Petitioners aver that upon the obtaining of approval by the Court of Common
Pleas of Cumberland County, and such approval having been filed with the Court of
Common Pleas of Lebanon County, Pennsylvania, that Allstate and Allstate Owner
will supply a Stipulation and/or Order in connection with the Petition for Partial
Transfer of Structured Settlement and not oppose same.
16. No prejudice would be borne by this Honorable Court in granting the requested relief.
17. Joint Petitioner's are not requesting the Court of Common Pleas of Cumberland
County to conduct a best interests hearing, rather they are simply requesting the Court
of Common Pleas of Cumberland County to give approval and consent to proceed in
Lebabon County, the same approval and consent that was previously granted on June
13, 2008, however for the incorrect county. It is at the hearing in Lebanon County,
where a judge will hear the merits of the case and decide whether or not to approve
the partial transfer of structured settlement pursuant to 40 P.S. § 4004 (Appropriate
place of Jurisdiction is based upon the domicile of the Payee, Kathryn Martin).
WHEREFORE, Joint Petitioners, 321 Henderson Receivables Origination, LLC. And
Kathryn Martin, respectfully requests that this Honorable Court enter the relief requested in the
proposed Order of Court which is attached hereto so that Joint Petitioner's are able to proceed
with the action of record in Lebanon County, Pennsylvania.
Maro
By:
"Counsel for 321 Henderson Receivables
Origination, LLC.
1115 W. Main Street
Norristown, PA 19401
610-275-9600
Maro & Maro, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No. 89585
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA
RE: Joint Petition of 321 Henderson : Docket No. 08-3359
Receivables origination, LLC and :
Kathryn Martin : Civil Action - Law
CERTIFICATE OF SERVICE
I, Robert A. Maro, Esquire, certify that I caused to be served a true and correct copy of
the foregoing PETITION FOR CONSENT AND COURT APPROVAL TO PROCEED WITH A
PARTIAL TRANSFER OF A STRUCTURED SETTLEMENT PURSUANT TO
STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ. this 28 h day of
-5 k
2008, via First Class, postage pre-paid United States mail, upon the following:
Allstate Life Insurance Company
544 Lakeview Parkway
L3F
Vernon Hills, IL 60061
Attn: Lisa Sterner
Kathryn Martin
814 Lincoln Avenue
Northampton, PA 18067
Allstate Assignment Company
544 Lakeview Parkway
OF
Vernon Hills, IL 60061
Attn: Legal Dept/structured settlements
Sean M. McDonough, Esquire
Attorney for Kathryn Martin
22 Risk Avenue
Summit, NJ 07901
MARO &MAAR(YP.C.
BY:
V V
, ESQUIRE
EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY.
PENNSYLVANIA
RE: Joint Petition of 321 Henderson : Docket No. 63 - 3 35q (2i v t i u-w%
Receivables origination, LLC and :
Kathryn Martin : Civil Action - Law
RDER OF COURT
AND Now, to-wit, this 1- day of JU.-) ¢ . 2008, upon
consideration of the within PETITION FOR CONSENT AND COURT APPROVAL TO
PROCEED WITH A PARTIAL TRANSFER OF A STRUCTURED SETTLEMENT
PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ.
and upon consideration of the Joint Petition for Partial Transfer of Structured Settlement by Joint
Petitioner's 321 Henderson Receivables Origination, LLC and Kathryn Martin of record in the
Court of Common Pleas of Dauphin County, Pennsylvania at Docket No. 2008-CZ4754-MT,
and upon consideration that the proposed transfer would allegedly contravene the terms of the
structured settlement which was previously approved by this Honorable Court, it is hereby
ORDERED, ADJUDGED and DECREED that express approval is hereby granted to
KATHRYN MARTIN pursuant to 40 P.S. §4003(a)(5)(i)(B) to proceed in the Court of Common
Pleas of Dauphin County, Pennsylvania with the Joint Petition for Partial Transfer of Structured
Settlement.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson NO:
Receivables Origination, LLC and
Kathryn Martin
INITIAL ORDER OF COURT
On this 8 th day of July 2008, it is ordered that a hearing on this
Petition to Transfer Structured Settlement Payment Rights will be held on
August 1. 2008 INIt at8 : 3 0 o'clock. The payee shall bring
income 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
----_.------______certifruat"-service -"l-bbe fled with the court prior to the hearing.
BY THE COURT:
J. BRADFORD H. CHARLES
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AUG 0 5 2008P
IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,
PENNSYLVANIA
RE: Joint Petition of 321 Henderson : Docket No. 08-3359
Receivables origination, LLC and :
Kathryn Martin : Civil Action - Law
ORDER OF COURT
AND NOW to-wit this --*-day of 2008, upon
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consideration of the within PETITION FOR CONSENT AND COURT APPROVAL TO
PROCEED WITH A PARTIAL TRANSFER OF A STRUCTURED SETTLEMENT
PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ.
and upon consideration of the Joint Petition for Partial Transfer of Structured Settlement by Joint
Petitioner's 321 Henderson Receivables Origination, LLC and Kathryn Martin of record in the
Court of Common Pleas of Lebanon County, Pennsylvania at Docket No. 2008-01442, and upon
consideration that the proposed transfer would allegedly contravene the terms of the structured
settlement which was previously approved by this Honorable Court, it is hereby ORDERED,
ADJUDGED and DECREED that express approval is hereby granted to KATHRYN MARTIN
pursuant to 40 P.S. 43(a)(5)(i (B) to proceed in the Court of Common Pleas of Lebanon
CA- - ?
County, Pennsylvania with the Joint Petition for Partial Transfer of Structured Settlement.
BY THE CO
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