HomeMy WebLinkAbout08-7477Mark Thomas Sophocles (PA ID #74998)
MARK THOMAS SOPHOCLES, LLC y1, 08. 7y77 T
21 Industrial Blvd., Suite 201
Paoli, PA 19301
Tel: (610) 651-0105
Fax: (610) 651-0106
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA- CIVIL DIVISION
IN RE: JERMAYNE M. WEBBER
PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS
PETITION FOR APPROVAL OF
TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS
1. This Petition is brought pursuant to the provisions of the Pennsylvania Structured
Settlement Protection Act, 40 P.S. §4001 et seq. and Pa. R.C.P. 229.2.
2. Petitioner and Transferee is Settlement Funding, LLC, 3301 Quantum Boulevard,
Boynton Beach, FL 33426.
3. The Payee, Jermayne M. Webber, (hereinafter "Payee") is an adult individual of
full age and who resides at 407 Scott Drive, Shippensburg, PA 17257 in
Cumberland County, Pennsylvania.
4. This Court has venue pursuant to the Structured Settlement Protection Act,
because the Payee is domiciled in Cumberland County, Pennsylvania.
Jermayne M. Webber suffered personal injuries, and as a result, he entered into a
Settlement Agreement and Release providing that Webber would receive
payments as follows:
48 monthly payments each in the amount of $434.00 commencing on May 3,
2011 through and including April 3, 2015; 120 monthly payments each in the
amount of $850.00 commencing on May.3, 2015 through and including April
3, 2025 and 120 monthly payments each in the amount $2000.00 commencing
on May 3, 2025 through and including April 3, 2035 (the Periodic Payments).
6. Annuity Owner is Metlife Insurance Company of CT, Legal Department, One
Metlife Plaza, 27-01 Queens Plaza North, Long Island City, NY. 11101.
7. Annuity Issuer is Metlife Insurance Company of CT, Legal Department, One
Metlife Plaza, 27-01 Queens Plaza North, Long Island City, NY. 11101.
8. On December 13, 2008, Webber executed an Absolute Assignment and UCC
Article 9 Security Agreement (the "Transfer Agreement") a true and correct copy
is attached and incorporated herein as Exhibit "B" that provides for the
assignment of monthly payments as follows:
48 monthly payments each in the amount of $434.00 commencing on May 3,
2011 through and including April 3, 2015 (the Assigned Payments).
9. The Petitioner has provided to the Payee a Disclosure Statement, a true and
correct copy of which is attached hereto as Exhibit C, setting forth, inter alia, the
amounts and due dates of the Structured Settlement Payments to be transferred as
set forth in paragraph 8 hereinabove and in paragraph A of Exhibit C.
10. The net amount payable to the payee after deduction of all commissions, fees,
costs, expenses, and charges is $7,292.04.
11. Based on the net amount that the payee will receive from this transaction
$7,292.04 the amounts and timing of the structured settlement payments that
would be assigned, the payee is, in effect, paying interest at a rate of 27.87%
per year.
A true and correct copy of the Transfer Agreement is attached hereto, made part
hereof, and marked Exhibit B.
12. After due consideration, the Payee is satisfied that the transfer is in his best
interests for the reasons set forth in the Affidavit attached hereto as Exhibit D and
incorporated herein by reference.
13. The Payee has received the notice required by 40 P.S. §4003(b) as evidenced by
Exhibit F hereto.
14. The Payee has given the notice required by 40 P.S. §4003(a)(6) as evidenced by
Exhibit G hereto.
15. Attached hereto as Exhibit H is the certification required by Pa. R.C.P.
229.2(d)(3)(iii).
16. Payee has executed a statement confirming that he waived independent legal
advice including considerations of any tax ramifications of the transfer
WHEREFORE, the Petitioner prays this Honorable Court to enter its Initial Order scheduling a
hearing on this Petition.
Dated: December 23, 2008
Respectfully submitted,
MARK THOMAS SOPHOCLES, LLC e'
copy of the Scheduling Order dated
2008, is included with this
notice). 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.
Provided with this notice is a copy of the Petition to Transfer Structured Settlement
Payment Rights, including as attachments thereto a copy of the Transfer Agreement, and a copy
of the Transfer Disclosure Statement required by 40 P.S. § 4003 (2). Pursuant to 40 P.S. § 4003
(6), notice of the transferee's name, address and taxpayer identification number are as follows:
Settlement Funding, LLC
3301 Quantum Boulevard
Boynton Beach, FL 33426
(TIN: 58-2292928)
Respectfully submitted,
? r
Dated: December 23, 2008
MARK THOMAS SOPHOCLES, LLC
CERTIFICATE OF SERVICE
I, Mark T. Sophocles, hereby certify that a true and correct copy of this Notice of
Proposed Transfer of Structured Settlement Payment Rights, the Petition to Transfer Structured
Settlement Payment Rights and the Transfer Disclosure Statement, and the Order of Court
Scheduling a Hearing Date have been served via Certified Mail Return Receipt Requested and
Federal Express upon the persons and entities, and at the addresses listed above, this 15th day of
December 2008.
To: Metlife Insurance Company of CT,
Legal Department, One Metlife Plaza,
27-01 Queens Plaza North,
Long Island City, NY. 11101.
(Settlement Obligor)
Metlife Insurance Company of CT,
Legal Department, One Metlife Plaza,
27-01 Queens Plaza North,
Long Island City, NY. 11101.
(Annuity Issuer)
Settlement Funding, LLC
3301 Quantum Boulevard
Boynton Beach, FL 33426
Attn: Court Order Group
(Transferee)
Dated: December 23, 2008
Jermayne M. Webber
407 Scott Drive
Shippensburg, PA. 17257-2168
(Petitioner)
Respectfully submitted,
-"?ql A
M HOMAS SOPHOCLES, LLC
VERIFICATION AND CERTIFICATION
I, Mark Sophocles, Esquire as authorized outside counsel for Settlement Funding, LLC
verify that the statements made in this Petition are true and correct and to the best of my
knowledge, information and belief, formed after reasonable inquiry, that the transfer will comply
with the requirements of the Act and will not contravene any other applicable federal or state
statute or regulation or the order of any court or administrative authority. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn
falsification to authorities.
Date: December 23, 2008 MARK SOPHOCLES
Mark Thomas Sophocles (PA ID #74998)
MARK THOMAS SOPHOCLES, LLC
21 Industrial Blvd., Suite 201
Paoli, PA 19301
Tel: (610) 651-0105
Fax: (610) 651-0106
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA- CIVIL DIVISION
IN RE: JERMAYNE M. WEBBER
PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS
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 incompatible with
the proposed transfer, the transfer will not contravene any applicable federal or state
statute or regulation, or the order of any court or administrative authority;
(3) the transfer complies with the remaining requirements of the Structured
Settlement Protection Act, including Sections 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6);
(4) the payments that are to be transferred are designated as follows:
48 monthly payments each in the amount of $434.00 commencing on May 3,
2011 through and including April 3, 2015 (the "Assigned Payments").
(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;
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.
4
DATE:
Jermayne M. Webber a/k/a Jermayne Webber
2008-12-13 15:16 Mary Potter 7175974847 >> P 5145
ABSOLUTE AssIGNMENT AND UCC ARTICLE 9 SECURITY AGREEMENT
THE "AGREEMENT")
December 13, 2008
I, Jermayne M. Webber, CI", "Me" or "Assignor") reslding at 407 Scott Drive Shlppensburg, PA 17257.2188 am
entitled to 48 monthly payments each In the amount of $434,00 commencing on May 3, 2011 through and Including
April 3, 2015; 120 monthly payments each In the amount of $650.00 commencing on May 3, 2016 through and
including April 3. 2025 and 120 monthly payments each In the amount of $2,000.00 commencing on May 3, 2025
through and including April 3, 2035 (the "Periodic Payments") on account of the settlement of a certain personal
Injury claim, the settlement of which Is memorialized In that certain settlement agreement (the "Settlement
Agreement"). The Periodic Payments are due to me from MWft Insurance Company of CT (the "Settlement
Obligor"') under the terms of the Settlement Agreement and are being funded by an annuity Issued by Metlife
Insurance Company of CT (the "Annuity Issuer") bearing annuity contract number 34430SA55449.
A. I hereby sell, assign and convey to Settlement Funding, L.L.C. (the "Assignee") and its assigns through an
assignment all of my rights to and interest In and to the following payments due or to become due under the
Settlement Agreement:
48 monthly payments each In the amount of $434.00 commencing on May 3, 2011 through
and including April 3,20`15. (the "Assigned Payments"); and
In consideration for this assignment, Assignee shall pay to me the sum of: $8,482.04 (the "Assignment Price").
B. I hereby make the following unconditional representations, warranties and promises:
T. No one other than me has any interest or claim of any kind or nature In, to or under the Assigned
Payments I am assigning hereunder.
2. 1 am not Indebted to anyone that would affect in any way either the assignment of the Assigned
Payments referenced above or Assignee's absolute rights to receive some.
3. 1 agree to conduct my affairs so as to ensure that Assignee obtains all of the benefits of the
assignment contemplated hereby.
C. t agree that the following shall be considered an event of default by me under this Absolute Assignment
Agreement:
1. The representations set forth In Paragraphs 81 and B 2 above are at any time not true.
2. Failure by me to perform the promise set forth In Paragraph B 3 above.
3. Failure by the Settlement Obligor or the Annuity Issuer to make any one or more of the Assigned
Payments as a result of any act by me, my estate or any of my heirs,
4. Failure by the Settlement Obligor or Annuity Issuer to forward one or more Assigned Payments to
Assignee as a result of any act by me, my estate or any of my heirs,
5. Failure by me to forward promptly to Assignee any Assigned Payment received by me from the
Settlement Obligor or the Annuity issuer.
6. Failure, by me to fulfill any other obligation of mine under this Agreement.
0. The following are conditions precedent to Assignee's obligation to pay me the Assignment Price:
1. Assignee shall be satisfied, in its sole discretion, that there are no claims or Interests of any kind or
nature whatsoever that do or may affect Assignee's rights to or Interest In the Assigned Payments
and Assignee's ability actually to receive some on the dates and in the amounts set forth herein.
2. Assignee shall have received a final non-appealable court order, or a signed acknowledgment from
Settlement Obligor and the Annuity issuer satisfactory to Assignee In its sole discretion (such court
order or acknowledgement together are hereinafter referred to as the "Order"), authorizing the
transfer by assignment of the Assigned Payments (which may continue to be made out to my name)
to Assignee, and directing that the Periodic Payments due on or after the day of the Order be
forwarded, or authorizing the forwarding of the Periodic Payments, directly to Assignee.
E. Under this Agreement and only to the extent permitted by law Assignee and i Intend to create a security
interest under Article 8 of the Uniform Commercial Code of the state designated in Paragraph F below, In my rights
to and Interest In the Assigned Payments, which rights have been assigned to Assignee its General Intangibles
2006-12-13 15:16 Mary Patter 7175974847» P 6/45
under Article 9 of the Uniform Commercial Code of the state designated In Paragraph F below. This Agreement
shall also function as a security agreement. This security Interest secures payment of the ruts assigned and
performance of my obligations under Paragraph B above. Assignee may erect any account debtor, obligor on an
Instrument, including, without limitation, the Settlement Obligor or Annuity issuer, to make periodic payments directly
to Assignee as contemplated by the Uniform Commercial Code. Assignee may file a UCC-1 financing statement to
perfect Its rights hereunder.
F. Except as otherwise required by applicable statutory law, this Agreement shall be governed by and
Interpreted in accordance with the law of the state of residence of the Assignor on the date of this Agreement.
ARBITRATIQN
Any and all controversies, claims, disputes, rights, Interests, suits or causes of action arising out of or relating to this
Agreement and the negotiations related thereto, or the breach thereof, shall be settled by binding arbitration
administered by the American Arbitration Association. The demand for arbitration shall be filed In writing with the
other party to this Agreement and with the American Arbitration Association offices In your state of residence. The
arbitration shall be held in the largest city In your state of residence. The arbitration shall be held before a single
arbitrator selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association in
effect at the time that the demand for arbitration Is filed. Discovery, specifically Including Interrogatories, production
of documents and depositions shall be at the discretion of the arbitrator and to the extent permitted shall be
conducted in accordance with, and governed by the Federal Rules of Civil Procedure.
A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter In question
has arisen. In no event, shall the demand for arbitration be made after the date when Institution of legal or equitable
proceedings based on such claim, dispute or other matter in question, would be barred by the applicable statute of
ilmitatlons.
No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other
manner, an additional person or entity not a party to this Agreement, except by written consent of the parties hereto,
containing a specific reference to this Agreement and signed by the entity sought to be joined. Consent to
arbitration Involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or
other matter In question not described in the written consent or with a person or entity not named or described
therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity
duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law In
any court having jurisdiction thereof.
The award rendered by the arbitrator shall be final, and judgment may be entered upon It In accordance with
applicable law in any court having jurisdiction thereof. Such arbitrator shall Identify the substantially prevailing party
and shell include legal fees and expenses for the substantially prevailing party.
This provision does not apply to the extent Inconsistent with applicable state law regarding the transfer of structured
settlement payments. In such case any disputes between the parties will be governed in accordance with the laws
of the domicile state of the payee and the domicile state of the payee Is the proper venue to bring any cause of
action arising out of a breach of the agreement.
G. I hereby grant to Assignee an Irrevocable Power of Attorney with full powers of substitution to do all acts and
things that I might do regarding the Assigned Payments and any and all rights t have under the Settlement
Agreement with respect to the Assigned Payments, including, without limitation, the power to endorse checks, drafts
or other instruments, the power to after, edit and change payment instructions and/or beneficiary designations and
any other act which, in the sole discretion of Assignee as my Attomey-in-Fact Is necessary or expedient for it to
obtain all of the benefits of the bargain contemplated by this transaction. This power of attorney Is coupled with an
Interest and shall survive my death or disability,
H. In the event that prior to the consummation of the transaction contemplated hereby I receive any of the
Assigned Payments, or any portion thereof, the Assignment Price shell be reduced in Oka amount and the terms of
this Agreement regarding the payments to be assigned shall be deemed to be adjusted accordingly. In the event
Assignee receives or otherwise comes into possession of any of the Periodic Payment(s) or portion(s) thereof which
are not Included In the payments being absolutely assigned to Assignee hereunder, ASSigneB 0811 folWBrd SUCK
amount(s) to me at the address set forth above within seven (7) days of recelpt of such amount(s).
2008-12-13 15;17 Mary Potter 7175974847»
P 7/45
1. Assignee shell be entitled to discharge any adverse claims against Assignor or arty of the Assigned
Payments whether or not such adverse claims are disclosed. Assignee may, provided Assignee furnishes prior
written notion to Assignor, pay any and all amounts neoessary or, If the Assignment Price has been deposited Into
an escrow account, Instruct the escrow agent to pay any and all amounts necessary to discharge such None or other
adverse claims, and the Assignment Price shall be reduced by the amount of any such payment. Adverse claims
may include disclosed amounts to be deducted by Assignee from the Assignment Price to pay Assignee, as servicer
for Peachtree Finance Company, LLC, to enable Assignor to obtain Peachtree Finance Company, LLC's release of
its encumbrance on a portion of the Assigned Payments, which portion of Assigned Payments relate to prior transfer
transaction(s) consummated prior to the effective date of the applicable transfer act(s) which encumbrance must be
released for the transaction contemplated herein to be consummated.
J. i know that it will take some time for the Settlement Obligor and the Annuity Issuer to receive and process
ths4wrt order once it is granted. i would like as som as
possible thereafter. Accordingly, t hereby request Assignee to pay me a portion of the Assignment Price as soon as
possible after the court order Is granted and authorize Assignee to hold In escrow an amount it deems necessary or
advisable from the Assignment Price (the "Escrow Amount") until all conditions precedent have been satisfied,
including, without limitation, the receipt by Assignee of the Settlement Obligor and the Annuity Issuer's
acknowledgment of the terms of the court order in writing and their agreement to honor and comply with same. At
such time or earlier as Assignee may determine, I understand that Assignee will send the Escrow Amount to me
minus any Assigned Payments that the Annuity Issuer and/or Settlement Obligor sent to me white the Settlement
Obligor and the Annuity Issuer were processing the court order.
K. This Agreement shall take effect on the date It is signed by me (the Assignor) or on such later date
prescribed by applicable statutory law.
L. All disclosure statements are a material part of this Agreement and shall be read In part mateds herewith,
In witness whereof I hereunto sat my hand,
Jermayne M. Webber
STATE OF
COUNTY OR CITY OF f jakiElI nQL?
On the 10 day of De C , in the year 01 before me, the undersigned, personalty
appeared Jermayne M. Webber, proved to mtri on the basis of satisfactory evidence to
be the Individual(s) whose name(s) Is (ei?e) subscribed to the within Instrument, and acknowledged to me that
he/she/they executed the same in hisNheFi4leir capacky(ies), and that by his/gerAl ieW s4nature(s) on the Instrument,
the Individual(s), or the person upon behalf of which the individual(s) acted, executed the Instrument.
Notary
My Commission expires on PLEASE DO NOT SIGN THIS
Accepted: 03-14-1) DOCUMENT UNTIL 12/1312008
Settlement Funding, L.L.C. EMARY iAt SEAL
POKER
Public
Title: ANKLIN COUNly
Date. pl+ss MCI 14, 2011
2008-12-13 15:18 Mary Potter 7175974847»
A d ation For Deductions
Pursuant to the terms of the Agreement, Assignee may deduct from the Purchase Price the full amount due to
any and all third party creditors, judgment holders, holders of child support obilgations, the holder of any other
outstanding lien or claim (electively the "Judgments/Clalme) Including life insurance policy payment(s) or any
attorney fees In connection with the consummation of this transaction.
If Assignee is able to satisfy in full the Judgments/Clalms for less than the full amount due, Assignee shall be
entitled to keep the difference between the amount deducted and the amount actually paid.
Authorization to Conduct Credit and Criminal Background Checks
P 14/45
I, Jermayne M, Weber residing at 407 Scott Drive, Shippensburg, PA 1726T•2i5B, hereby authorize
Settlement Funding or any of its agents or designees, to conduct any and aA criminal background reports,
searches or checks and any and all credit history reports, searches or checks which it in its sole discretion and
judgment deans necessary or advisable.
Authorization, to Release Information
I, Jermayne M. Webber, hereby request and authorize MetNfe Insurance Company of CT, MWIfe Insurance
Company of CT, or any of their successors, assigns, designees, agents or administrators, or my attorney to
disclose, or any other parties that may possess any information deemed necessary by Settlement Funding, or
any of its agents or designees to be disclosed, make available and furnish to Settlement Funding, or any of Its
agents or designees any and all information pertaining to my personal injury settlement as set forth In a certain
release or any other documents deemed necessary by Settlement Funding, or any of Its agents or designees. I
specifically direct that Metilfe Insurance Company of CT, Motile Insurance Company of CT, or any of their
successors, assigns, designees, agents or administrators or any other person or entity that this authorization is
given to, cooperate with Settlement Funding or any of their agents or designees regarding disclosure of
Information pertaining or related to my settlement or other required documentation. I also hereby request and
authorize any third party creditors, judgment holders, any Child Support Enforcement agencies, or any other
holder of any outstanding lien or claim, such as tax liens, government overpayments, etc., to release any
Information deemed necessary to Settlement Funding, or any of its agents or designees. Please provide copies
via fax (1.800.800.7191) or otherwise of any and all documents requested by Settlement Funding or their agents
or designees.
Dated.,
ermayne M. Webber
STATE OF PA
COUNTY OR CITY OF _
On the day of 1= . In the year a$ before me, the undersigned,
personalty appeared Jermayne M. Webber, 1misonally le me proved to me on the basis of
setisfectory evidence to be the Individual(s) whose name(s) Is.(** subscribed to the within instrument, and
acknowledged to me that helsheHhey executed the some In hisAwAltekr: copaaty(ies), and that by hks/heMlheir.
signature(s) on the instrument, the indMdual(s), or the person upon behalf of which the individual(s) acted,
executed the Instrument. _ n
My Commission expires on D a* L 4-, t l
NOTARIAL eau
MARY K POTTER
Notary public
4"IM m?. FRANIRIN colitM
MY commotion Expffes Mat 1 ,4, 2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PETITION OF SETTLEMENT }
FUNDING LLC d/b/a PEACHTREE )
SETTLEMENT FUNDING TO ) No.
TRANSFER STRUCTURED )
SETTLEMENT PAYMENT RIGHTS )
Payee's Affidavit in Support of
Petition to Transfer Structured Settlement Rights
I, Jermayne M. Webber a/k/a Jermayne Webber, the payee, verify that the statements
below are true and correct:
1. Payee's name, address and age: Jermayne M. Webber residing at 407 Scott Drive,
Shippensburg, PA 17257-2168 and I am 18 years old.
2. Marital Status:
X Never Married; Married; Separated;
If married or separated, name of spouse:
3. Minor children and other dependents:
Names, ages, and places of residence: None.
4. Income:
Divorced
(a) Payee's monthly income and sources: I work in food services for Shippensburg
University and I earn $188.00 per month. I will also continue to receive structured
settlement payments of $850.00 per month from May 3, 2015, through April 3, 2025.
On May 3, 2025, those payments will increase to $2,000.00 per month, through April
3, 203 5.
(b) If presently married, spouse's monthly income and sources: N/A
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? NO. If so, please
explain:
7. Reasons for transfer:
Describe in detail your reasons for the proposed transfer, including an explanation as to
why a sale of a lesser amount of the structured settlement will not better serve your
interests: I would like to use the funds to move into an apartment. Since being asked to
leave my foster parents' house (because I am now 18 and they are no longer receiving
payments for my care), I have been staying with a friend's family. However, this living
situation is temporary until I am able to get an apartment of my own. Therefore, I would
like to use $7,200.00 of the proceeds from this transaction to pay for the security deposit
and the rent for one year, so I can concentrate on school. I will be starting school next
year at Shippensburg University on an athletic scholarship and balancing a full class load
and practice will leave me with little time for an outside job, so prepaying the rent will
help me manage my fiances and school priorities. A sale of a lesser amount will not be
sufficient to accomplish these goals.
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: N/A.
Debt Creditor Amount Owed
2008-12-13 15:23 Mary Potter 7175974847 »
CONNECTIGUT TRANSFER DISCLO URE
Payee: Jermayne M. Webber; resident of: PA
A. Amount and due dates of the structured settlement payments to be
transferred: 48 monthly payments each in the amount of $434.00
commencing on May 3, 2011 through and Including April 3, 2015.
B. Aggregate amount of the payments: $20,832.00.
C. Discounted present value of the payments: $17,973.42; the
calculation of current value of the transferred structured settlement
payments under federal standards for valuing annuities and is
determined by applying a (discount) rate of 3.40% as of December
3, 2008.
D. Gross advance amount: $9,492.04.
E. Itemized listing of all applicable transfer expenses, other than
attorney's fees and related disbursements payable in connection
with the transferee's application for approval of the transfer, and
the transferee's best estimate of the amount of any of those fees
and disbursements: Processing Fee $200.00.
F. Estimate of the amount of attorney's fees: $2,000.00.
0. Net advance amount: $7,292.04.
H. Amount of any penalties or any liquidated damages payable by the
Payee in the event of any breach of the transfer agreement by the
Payee: NONE.
i. You have the right to cancel the transfer agreement, without
penalty or further obligation, not later than the third business day
after the date the agreement Is signed by you.
P 32/45
J. You are advised to seek independent professional advice regarding
the transfer.
2008-12-13 1523 Mary Potter 7175974847»
K. Payee acknowledges receipt of, and acknowledges to have read
and understood, the above disclosure statement and Information
required tn ho disclosed by Payee's applicable state statute(s).
Initials:
By signing below you are confirming that you received a copy of this
disclosure at least 3 days prior to executing your transfer agreement.
Jermayne M. Webber
P 33/45
?1 =0 _
Date
2008-12-13 15:23 Mary Potter 7175974847 >> P 34/45
PENNSYLVANIA TRANSFER DISCLOSURE
Payee: Jermayne M. Webber; resident of: PA
A. Amounts and due dates of the structured settlement payments to be
transferred: 48 monthly payments each in the amount of $434.00
commencing on May 3, 2011 through and including April 3, 2015.
B. Aggregate amount of such payments: $20,832.00.
C. (1) Discounted present value of such payments: $17,973.42.
(2) The discount rate used In determining such discounted present
value: 3.40 percent as of December 3, 2008.
0. Gross amount payable to the Payee in exchange for such payments:
$9,492.04.
E. Itemized listing of all brokers' commissions, service charges,
application or processing fees, closing costs, filing or administrative
charges, legal fees, notary fees and other commissions, fees, costs,
expenses and charges payable by the Payee or deductible from the
gross amount otherwise payable to the Payee: Legal Fees: $2,000.00;
Processing Fee: $200.00.
F. Net amount payable to Payee after deduction of all commissions,
fees, costs, expenses and charges described above: $7,292.04 minus
any advances made to Payee against the amount payable to Payee.
0. The quotient, expressed as a percentage, obtained by dividing the
net payment amount by the discounted present value of the
payments: 40.87%.
H. Amount of any penalty and the aggregate amount of any liquidated
damages, Inclusive of penalties, payable by the Payee in the event of
any breach of the transfer agreement by the Payee: NONE.
2008-12-13 15;23 Mary Potter 7175974847»
1. Payee acknowledges receipt of, and acknowledges to have read and
understood, the above disclosure statement and Information required
to be dis d by Payee's applicable state statute(s).
Initials:
By signing below you are confirming that you received a copy of this
disclosure at least 10 days prior to executing your transfer agreement.
Jermayne M. Webber
P 35/45
,G2 &.V
Date
2006-12-13 15:23 Mary Potter 7175974847 >>
NOTICE
Payee: Jermayne M. Webber
IMPORTANT NOTICE: You are strongly urged to consult with an
attorney who can advise you of the potential tax consequences of this
transaction.
I acknowledge receipt of the above notice.
By signing below you are confirming that you received a copy of this
notice at least 10 days prior to executing your transfer agreement.
Jermayne M. Webber
P 36/45
Date
2008-12-13 15:24 Mary Patter 7175974847» P 38/45
ACKNO-WLEDGE ENT (PA)
Payee: Jermayne M. Webber
(Please initial the following statement)
I expressly waive Independent legal advice regarding the Implications of
the transfer, including considerations of the tax ramifications of the
transfer.
tials)
ermayne M. Webber
Date
Dec 02 08 03:09p Palmer Hendricks LLC
.The Travelers insurance Company
One Tower Square, Hartford, CT 06483-8033
Measuring Life:
Joint Measuring Ufa:
Address of Measuring Life:
Owner - Name:
Address:
Wool,
7175325114 p.1
To? & I ox\ j266 r \s
TrmeU=I.ife&A=Wtf
Describe annuity ptan, schedule of payments, and payees. Add itiona4 information for annuity payments can
on reverse side or on an attached page which must be signed *1uLAppjmM and the Owner.
PLEASE NOTE: THE PAYEE WILL BE THE MEASURING LIFE UNLESS STATED O RERWIllff.
Commencing on 0510312011, $434 per month for 4 years guaw teed;
Commencing on 05103/2015, $650 per month for 10 years guaranteed;
Commencing on 05103!2025, 52,000 per montl for 10 years guaranteed.
Cor\A- 1 kA A)O. 34MOtA5 R
Proof of age of Measuring Ufa (and Joint Measuring Life, if
involved. A birth certificate. baodsrnal certificate, or vassD
must be submitted where a He contingency is
red.
nmulty osvments to:
0 Payee Address 400 LwM Avenue
Benefid" After Death of Measuring Ufe(s) -
Name and Relatlonship to Measuring Ufa
Unless stated otherwise, the Beneficiary wNl be the estate of
Other Address
the application is approved in the Home Ofitce of The Travelers Insurance Company. No representative is authorized to
make changes to the contract or application. I understand that The Travelers Insurance Company may amend this
contract to comply with changes In the Internal Revenue Code and related regulations subject to the acceptance of the
ANNUITANT/EMPLOYEE.
Signed at (City, State) .j,.?,.4., AO0 !C p on (Month, Day) / /- /S% ld1 .
Agent: Do you have known pe of reason to believe that Applicant: is ills annuity intended to replace any existing.
replecemrent is involved? 13 Yes ? No ' surance or ann ntre Yes ? No
(if 'yes' submit forms req*sd) %
Agent's Slgndure Applicant's Slgrnsture
W. Ross Duncan. C.S.S.C.
Agent's Name (Type or Print) Owner's Signature (if other than the app"rgnf
RiNGLER ASSOCIATES
Company/Agency Telephone S
i AgenVAgency Code _
L- 11902
Notice to Annuity Issuer and Structured Settlement Obligor
Metlife Insurance Company of CT Metlife Insurance Company of CT
Legal Department, One Metlife Plaza 27-01 Legal Department, One Metlife Plaza 27-01
Queens Plaza North Queens Plaza North
Long Island City, NY I 1101 Long Island City, NY 11101
(OBLIGOR) (ISSUER)
RE: Transfer of structured settlement rights by Jermayne Webber
Annuity Contract #: 34430SA55449
DOB: 5/3/1990
Payments to be Transferred: 48 monthly payments each in the amount of $434.00
commencing on May 3, 2011 through and including April 3, 2015.
This letter shall serve as formal notice to you, as required by PA ST 40 PS §4003(a)(6) of
Jermayne Webber's pending transfer of certain structured settlement payment rights.
Pursuant to PA ST 40 PS §4003(a)(6), the transferee's name and address is:
Name: Settlement Funding, LLC
Address: 3301 Quantum Boulevard
Boynton Beach, FL 33426
Taxpayer I.D.: 58-2292928
Any other statutory requirements that may apply to this transaction will also be followed.
3301 Quantum Boulevard • Boynton Beach, FL 33426
Phone: (561) 962-3900 - Fax: (561) 962-7217
2008-12-13 15:20 Mary Potter 7175974847 >>
December 7, 2008
Metkfe Insurance Company of CT
Legal Department, One Matiife Plaza
Long Island City, NY 11101
Re: Annuity Contract No. 34430SA55449
Claimant: Jermayne M. Webber
SS#:163-72-1842
Dear Sire:
Please change your records to show the Estate of Jermayne M. Webber as the beneficiary after my
death under the above-captioned settlement agreement and annuity oontracL Kindly confirm that you have
made this modification to your records by signing in the space provided below and mailing to, Settlement
Funding, LLC, 3301 Quantum Boulevard, Boynton Beach, FL 33426-8622.
Regards,
lie.
A& 11:9
Jermayne M. Webber
P 20/45
STATE OF
COUNTY OR ITY OF
On the day of in the year 02 before me, the undersigned,
personally appeared Jermayne M. Webber, proved to me on the basis of
satisfactory evidence to be the Individual(s) whose name(s) N farersubscribed to the within Instrument, and
acknowledged to me that helahekhey executed the same in hielheNN+eiF capecity(les), and that by hIsMefteir
signature(s) on the Instrument, the individual(e), or the person upon behalf of which the Indlvidual(s) acted,
executed the instrument.
L
Notary
My Commission expires on 03.14. < <
NOTARIAL IEAI
MARY K POTTER
Motllfe Insurance Company of CT ANTRIM TNol Nola"
couN1Y
By: Dated: My COMIsslon ex
Pmt Mar T ?, Zp T T
2008-12-13 15:20 Mary Potter 7175974947» P 21/45
December 7, 2008
MetNfa Insurance Company of CT
Legal Department, One Metlire Plaza
Long Island City, NY 11101
Re: Annuity Contract No. 34430SA55449
Claimant: Jermayne M. Webber
SS#:163.72-1842
Dear Sirs:
Please change your records to show the Estate of Jermayne M. Webber as the beneflclary after my
death under the above-captioned settlement agreement and annuity contract. Kindly confirm that you have
made this modification to your records by signing in the space provided below and mailing to: Settlement
Funding, LLC, 3301 Quantum Boulevard, Boynton Beach, FL 33428.8522•
Regards,
ti
Jermayne M. Webber
STATE OF PA
COUNTY OR CITY OF
On the day of C.. , In the year OSt before me, the undersigned,
personally appeared Jermayne M. Webber, proved to me on the basis of
satisfactory evidence to be the Individual(s) whose name(s) is jere -subscrlbed to the within instrument, and
acknowledged to me that hah0w0they executed the some in his! mMmir-capecity(les), and that by hI&+* M*Ir-
signature(s) on the instrument, the individual(s), or the person upon behalf of which the Individual(s) acted,
executed the Instrument.
W
Notary
My Commission expires on d?? ?A .
Metlife Insurance Company of CT
OUNTY
By: Dated: 1;W
14, x011
2008-12-13 15:22 Mary Potter 7175974847»
DEPENDENTS OF JERMAYNE M. WE1313ER
"Dependents" inchpde your spouse and minor-children and all ofgr family members and other
persons for whom vo g13 leeally obliaste rovide support, ineludine alimony.
P 29/45
I have no children/dependent(s):
Wayne M, obbor Dace
V44 ?
r
fry
N"
V"
c.?
nn
Mark Thomas Sophocles (PA ID #74998)
MARK THOMAS SOPHOCLES, LLC
21 Industrial Blvd., Suite 201
Paoli, PA 19301
Tel: (610) 651-0105
Fax: (610) 651-0106
?6, 6 ,- `7417-7 ca;, l +ci,&
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA- CIVIL DIVISION
IN RE: JERMAYNE M. WEBBER
PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS
INITIAL ORDER OF COURT
On this 06-4 day of )ad&2g,&j2 ? 200, it is ordered that a hearing on this
-2
Petition to Transfer Structured Settlement Payment Rights will be held on
( XKeA
41
2009 in courtroom at y,- 30 o'clock AM/1. The payee shall bring income tax returns
for the prior two (2) years to the hearing.
Within seven (7) days, the transferee shall give notice of the hearing date to the payee,
the structured settlement obligor, the annuity issuer, the payee's spouse and any person receiving
child support, alimony, or alimony 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:
)F ?HE iY
I G DEC 30 PN 3, 09
i`
Mark T. Sophocles (PA ID #74998)
MARK THOMAS SOPHOCLES, LLC
21 Industrial Blvd., Suite 201
Paoli, PA 19301
Tel: (610) 651-0105
Fax: (610) 651-0106
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA- CIVIL DIVISION
IN RE: JERMAYNE M. WEBBER
PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS
CIVIL DOCKET # 2008-7477
FINAL ORDER OF COURT
On this 7-3"day of 2009, it is ordered that the Petition to Transfer
Structured Settlement Payment Rights is granted. The court specifically finds that:
(1) the payee, Jermayne M. Webber, 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, Settlement Funding, LLC, and
the court having not been made aware of any statute, regulation or order that would be
incompatible with the proposed transfer, the transfer will not contravene any applicable federal
or state statute or regulation, or the order of any court or administrative authority;
(3) the transfer complies with the remaining requirements of the Structured
Settlement Protection Act, including Sections 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6);
(4) the payments that are to be transferred are designated as follows:
48 monthly payments each in the amount of $434.00 commencing on May 3, 2011 through and
including April 3, 2015 (the "Assigned Payments").
(5) the terms of this order shall survive the death of the payee and shall be binding on the
• ' 016.
payee's heirs, beneficiaries and assigns;
(6) the payee shall receive from the transferee the gross amount of $9,492.04
(7) The Annuity Owner, Metlife Insurance Company of CT and Annuity Issuer, Metlife
Insurance Company of CT, shall send the Assigned Payments, as each becomes due, to
Settlement Funding, LLC at P.O. Box 116476, Atlanta, GA 30368-6476 or to such other address
as designated by Settlement Funding, LLC.
--?s Comes
BY THE COURT:
....a- 5 3
-J*w vwl