Loading...
HomeMy WebLinkAbout09-0958MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of 321 Henderson NO: Receivables Origination, LLC and Heather Hurley NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Allstate Life Insurance Company Michael D. Rentschler Attn. Lisa Sterner Attorney for Heather Hurley 544 Lakeview Parkway, OF 28 n 32nd st Vernon Hills, IL 60061 Camphill, PA 17011 Allstate Assignment Company Heather Hurley Attn. Legal Dept/structured Settlements 71 Broad Street 544 Lakeview Parkway Newville, PA 17241 OF Vernon Hills, IL 60061 You are hereby given notice that 321 Henderson Receivables Origination L.L.C. has filed a petition to transfer structured settlement payment rights. A hearing in this matter has been scheduled on , 2009 at o'clock in courtroom no. courthouse, Cumberland County Court of Common Pleas, Pennsylvania. You are entitled to support, oppose or otherwise respond to the payee's petition, either in person or by counsel, by filing written comments with the court prior to the hearing or by attending the hearing. The Name, Address and Tax Identification number of the 1 Receivables Origination L.L.C.. 40 Morris Avenue, Bryn Mawr, 4728885 f r)-.-I-?' o09 Date BY: Attorney for 321 Henderson Receivables Origination, LLC. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 (610) 275-9666(facsimile) MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of 321 Henderson NO: Q Cl 14e.Ck Receivables Origination, LLC and Heather Hurley JOINT PETITION FOR PARTIAL TRANSFER OF STRUCTURED SETTLEMENT PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT. 40 P.S. 4000. ET SEQ. 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, Heather Hurley, 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, Heather Hurley ("Payee"), an adult individual who resides at 71 Broad Street, NEWVILLE, PA 17241. 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, Heather Hurley, is the beneficiary of an annuity owned by Allstate Assignment Company and issued by Allstate Life Insurance Company. The structured settlement provides payment to the petitioner as described on Attachment/Exhibit 11211 . 6. Joint Petitioner, Heather Hurley, was represented by independent counsel in this transaction. Joint Petitioner, Heather Hurley 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 Heather Hurley is attached hereto, incorporated herein and marked Attachment/Exhibit 66319. 7. Joint Petitioner, Heather Hurley, proposes to enter into a purchase agreement with 321 Henderson Receivables Origination L.L.C., its nominees, successors, or assigns, whose address is 40 Morris Avenue, Bryn Mawr, Pennsylvania, 19010, who will purchase the following from Petitioner's structured settlement as follows: A) 180 monthly payments of $300.00 each, beginning on November 19, 2010 and ending on October 19, 2025 8. The structured settlement is currently owned by Allstate Assignment Company and issued by Allstate Life Insurance Company, and the net amount in return payable to Heather Hurley is $12,000.00 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 $12,000.00. 10. Based on the net amount that the payee will receive from this transaction $12,000.00 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 21.46% per year. 11. The Buyer furnished Heather Hurley 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 Heather Hurley 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 married to Jeremy Riland and together they have one minor child, McKenna Riland (D.O.B. 9/26/07). Joint Petitioner is employed full time as a dietary nutritionist at Carlisle Hospital. With a relatively new baby, the expenses of raising a child have certainly surmounted for Ms. Hurley. She and her husband have amassed credit card debt in the amount of $6,000.00 and they interest rate on the card continues to make the minimum monthly payments more and more difficult. Petitioner is looking to transfer a partial amount of her structured settlement to pay off this credit card debt. With the additional money, Petitioner will place it in a savings account when additional expenses are needed for the minor child, included bedroom set, clothes and necessities. Based upon the foregoing which will be expanded upon at the time of trial, the transfer is clearly within the best interest of Ms. Hurley and her family, especially her minor child. 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. F 71 D_ A n r 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 r- Pur Le ?4 and hereby aver that the statements contained r a f-?e 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 unworn falsification to authorities. Maureen Healy, VP A/w)'Q05 Date CERTIFICATION OF ATTORNEY FOR TRANSFEREE I, Robert A. Maro, Esquire, attorney for Transferee, 321 Henderson Receivables Origination L.L.C., hereby certify to the best of my knowledge, information and belief, formed after reasonable inquiry, that the Transfer will comply with the requirements of the Act (40 P.S. § 4000 et seq.) and will not contravene any other applicable federal or state statute or regulation or the order of any court or administrative authority. I, Robert A. Maro, Esquire, attorney for Transferee, 321 Henderson Receivables Origination L.L.C., hereby verify that the facts and statements set forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification of authorities. Date Robert A. M&rb, Esquire Attorney for Transferee, 321 Henderson Receivables Origination L.L.C. MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of 321 Henderson NO: Receivables Origination, LLC and Heather Hurley 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 Assignment Company Attn. Legal Dept/structured Settlements 544 Lakeview Parkway L3F Vernon Hills, IL 60061 Allstate Life Insurance Company Attn. Lisa Sterner 544 Lakeview Parkway, L3F Vernon Hills, IL 60061 Michael D. Rentschler Attorney for Heather Hurley 28 n 32nd st camphill, PA 17011 Heather Hurley 71 Broad Street NEWVILLE, PA 1724 Date:') - 0--o By: )Kofiert A( MaVd, Esquire Attorney for 321 Henderson Receivables Origination L.L.C. MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of 321 Henderson NO: Receivables Origination, LLC and Heather Hurley Entry of Appearance TO THE PROTHONOTARY/CLERK OF SAID COURT Enter my appearance on behalf of. 321 Henderson Receivables Origination, LLC. Papers may be served at the address set forth below. Respectfully Submitted: Maro & Mara. P. By: R ert A. MarKvEsquir Attorney I.D. No 89585 Maro & Maro, P.C. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600(office) (610) 275-9666(Fax) ATTACHMENT/EXHIBIT "1" Payee's Ai®davit in Support of Petition to Transfer Structured Settlement Rights I, Feather Hurley, the payee, verify that the statements below are true and correct: Payee's name, address and age: Heather Hurley, 71 Broad Street, Ncwville, pA 17241 1119/87 1. Marital Status: Never Married;' _Y&_ Married; Separated; Divorced If married or separated, name of spouse: Jeremey Riland 2 Minor Cbildren and other dependents: Makcnna Riland 9/26107 3. Income: I work in dietary at Carlisle Hospital. I make an around $19,000.00 annually. 4. Child support, alimony or alimony pcodente lite: Obligation to pay: Yes X No if yes, state the amount or the obligation, to whom payable, and whether there are arrearages: none Previous transfers: See Exhibit "A" 6. Reasons for transfer: I am going to use the money to pay off my credit cards. 7. Payment of debts: if you secck the tramsfar in order to pay debts, hit each debt, including the hams o the creditor and the amount presently owed: Credit Cards Visa . $6,000.00 Verification I verify that the statements made in this affidavit are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa-C.S. §4904, relating to nnsworin falsification to authorities. DATED: ddZU4 Heather Hurl EXHIBIT " " The following represents all the prior transactions the payee has received court approval, from a court of competent jurisdiction, with the transferee Q.G. Wentworth/321 Henderson): Purchase Price $17,500.00 Purchase Date 6/01/2007 To the best of the transferee's knowledge, information and belief the following represents all of the transactions that payee has entered into with the transferee that have been denied by a court of competent jurisdiction: None THE ABOVE LISTS DO NOT INCLUDE NOR IS IT INTENDED TO INCLUDE ANN' TRANSACTIONS THE PAYEE MAY HAVE ENTERED INTO WITH AN ENTITY OTHER THAN THE TRANSFEREE. ATTACHMENT/EXHIBIT 66299 I ii I-IR -, .: .. AM 10610* Ybift in good bends. STATEMENT OF GUARANTEE Claimant: Heather Hurley Policy Number: SSAL12966A Date: April 25, 2006 Allstate Life InsUrance Company (Allstate Life), an insurance company domiciled in the State of Illinois, hereby states the following: Whereas Allstate Assignment Company (AAC), domiciled in the State of Nebraska, . has established certain structured settlement arrangements and assumed third party payment obligations to injured parties ("Claimants") through Qualified Assignments, as defined in internal Revenue Code Section 130; and Whereas AAC has entered into a Qualified Assignment; and Whereas Allstate Life desires to facilitate such structured settlement arrangements; and Whereas Allstate Life guarantees all obligations of -AAC to make payments to Claimants under Qualified Assigments. Now, therefore, Allstate We guarantees that if AAC shall fail to make any payment to the Claimant or Beneficiary(ies) as required under said Qualified Assignments, then Allstate Life shall make such payment(s) in accordance with the terms and conditions of the Qualified Assignment promptly after receipt of written notice of AAC's default. Said guarantee is irrevocable as to the above referenced Claimant. ALLSTATE LIFE INSURANCE COMPANY J. Eric Smith Vice President NB-193 Uniform Qualified Assignment "Claimant" Heather Hurley "Assignor" Allstate Insurance Company Allstate Assignment Company "Assignee' Allstate Life Insurance Company "Annuity Issuer" "Effective Date" Avi ? 2s, .-(D 6 This Agreement Is made and entered into by and between the parties hereto as of the Effective Date with reference to the following facts: A. Claimant has executed a settlement agreement or release dated f,, al" ? (the "Settlement Agreeme ") that provides for the Assignor to make certain periodic payments to or for the benefit of the. Claimant as stated in Addendum No. 1 (the "Periodic Payments"); and The parties desire to effect a "qualified assignment" within the meaning and subject to the conditions of Section 130(c) of the Internal Revenue Code of 1986 (the "Code'l. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the parties agree as follows: The Assignor hereby assigns and the Assignee hereby assumes all of the Assignor's liability to make the Periodic Payments. The Assignee assumes no liability to make any payment not specified in Addendum No. 1. 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 secure the Periodic Payments. The Claimant 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. 4. The obligation assumed by Assignee with respect to any required payment shall be discharged upon the mailing on or before the due date of a valid check in the amount specified to the address of record. 5. This Agreement shad be governed by and Interpreted in accordance with the taws of the State of Al 9 6. The Assignee may fund the Periodic Payments by purchasing a'quaiified funding asset" within the meaning of Section 130(d) of the Code in the form of an annuity contract issued by the Annuity Issuer. AN rights of ownership and control of such annuity contract stall be and remain vested in the Assignee exclusively. 2. The Periodic Payments constitute damages on 7. account of personal injury or sickness in a case involving physical injury or physical sickness within the meaning of Sections 104(a)(2) and 13o(c) of the Code. The Assignee may have the Annuity Issuer send payments under any "qualified funding asset' purchased hereunder directly to the payee(s) specified in Addendum Na 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 "qualified funding asset' or against the Annuity Issuer. Initials Assignor: _,C- S Addendum No. 1 Description of Periodic Payments To Heather Hurley: Beginning on November 19, 2010, Six Hundred Sixty-Seven Dollars ($667.00) per month for fifteen (15) years. Printed in USA UQA ED. 4.88 ATTACHMENT/EXHIBIT 663" FEB-11-2009 05:17 AM LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. 28 North 32' Street Camp Hill, Pennsylvania 17011 (717) 975-9129 Fix (717) 975-2939 February 10, 2009 10 Wentworth 40 Morris Avenue Bryn Mawr, PA 19010 Attn: Betsy Salazar RE: Seller: Heather Hurley Annuity Policy Owner: Allstate Assignment Corporation Annuity Policy Issuer: Allstate Life Insurance company Dear Betsy: This office has acted a legal counsel to the Seller referenced above with respect to a transaction more fully described in a Purchase Agreement between 321 Henderson Receivables Origination, LLC, a Nevada limited liability corporation (the "Purchaser") and the Seller, This estoppel letter .;s being delivered at the Purchaser's request pursuant to the Purchase Agreement and is being "allied upon by the Purchaser in entering into the within transaction. Capitalized terms used and not otherwise defined herein shall have the same meanings as ascribed thereto in the Purdue Agreement, Subject to limitations, qualifications and exceptions set forth herein, and based upon the representations of the Seller where indicated, we represent and state, as of the date hereof, that: 1. The undersigned is an attorney licensed to practice law in the Commonwealth of Pennsylvania, license #45836 and is in good standing with the State Bar Association of the jurisdiction in which the undersigned is licensed to practice law. 2. The undersigned and his firm have acted as independent legal counsel to the Seller in the above-referenced transaction and has provided legal, accounting and tax advice. 3. The undersigned has been available to the Seller and has explained the terms of the transaction contemplated in the Purchase Agreement and has inquired of the Seller and is satisfied that the Seller understands the nature and terms of such transaction. 4. The undersigned is satisfied that the Seller is entering into the transaction contemplated by the Purchase Agreement of Seller's own free will and volition and is not under any duress or undue influence relating to the Seller's entry into the transaction contemplated in. the Purchase Agreement. 5. The undersigned has spoken with Seller and has physically inspected photographic F.0 FEB-11-2009 05:18 AM identification (Driver's License) ofthe Sailer, which photograph identification has been presented to the undersigned by the Seller in person and is satisfied that the person identifying himself as the Seller is the same parson identified in the Annuity Policy referenced above. b. The Seller's munsel has verified the "location" of the Seller (City: Newville, State: Pennsylvania, and County: Cumberland) in order that UCC-1 Financing Statements may be filed in the appropriate juriMictions. 7. Neither this office nor the undersigned has any interest, financial or otherwise, in the transaction contemplated in the Purchase Agreement. Our compensation is not affected by the approval or denial of this transfer. Very truly yours, Michael D. Rentschler P. ri 3 Cc: Hoather Hurley File ATTACHMENVEXHIBIT 66499 AccountlD: 325731 PURCHASE AGREEMENT This is a Purchase Agreement. The date of this Agreement is , 200_. Heather Hurley is the Seller. 321 Henderson Receivables Origination LLC, a Nevada Limited Liability Company, its successors and/or assigns is the Buyer. In this Agreement, Heather Hurley is referred to as "You" or "Your" and 321 Henderson Receivables Origination LLC or its nominee, is referred to as "We", "Us" or "Our". BACKGROUND OF THIS AGREEMENT 1. You or someone on your behalf signed a Settlement Agreement (the "Release" or the "Settlement Agreement'). in connection with the resolution of a personal injury claim. 2. The insurer funded the Payments by buying an annuity contract (the "Annuity") issued by 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", all 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 Price is Thirteen Thousand Two Hundred Fifty Dollars and 00/100 Cents ($13,250.00). The Net Purchase Price payable to You is $12,000.00 (the "Purchase Price"). The Net Purchase Price will be paid to You when both You and We sign this Agreement and We have completed Our internal process. 2. Acknowledgment. a. You will agree after Your signing of this Agreement to deliver to Us, addressed as We may require, other notices, instructions or documents, and copies of them, as We think are necessary or proper to carry out this Agreement. b. When You and We sign this Agreement, You will also deliver to Us: (1) a letter addressed to the Annuity Company directing that all payments of the Assigned Assets after Your death shall be sent directly to Us, and (2) a Change of Beneficiary Form changing the beneficiary of the Assigned Assets, after Your death, to "321 Henderson Receivables Origination LLC", as sole beneficiary ((l) 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 02008 321 Henderson Receivables Origination LLC Account 1D: 325731 in the payments (including as to the payee or the manner or place of making such payments) without Our prior written consent. You will also, when this Agreement is signed by You and Us, deliver to Us, addressed as We may require, such other notices, instructions or documents, and copies of them, as We think are necessary or proper to cant' out this Agreement, c. Before You and We sign this Agreement, You will deliver to Us an acknowledgment of The Estate of Heather Hurley, as primary beneficiary of the Assigned Assets, of the terms of this Agreement. The Estate of Heather Hurley will agree that they are not entitled to any rights to any of the Assigned Assets. d. You agree to sign all other documents which We may request forever naming Us as the only beneficiary of the Assigned Assets, including but not limited to an agreement to provide in Your Last Will and Testament that all of Your rights to the Assigned Assets were sold to Us (a "Testamentary Agreement"). e. You acknowledge that We advised You to obtain independent professional tax advice to determine whether this transaction will result in any adverse federal and/or state tax consequences. f. You acknowledge that We advised You must obtain independent legal representation prior to executing this Agreement and that We have advised you that We may not refer You to any specific attorney for such purpose. Your Representations and Warranties. You now represent and warrant to Us that: a. You own (and are selling and assigning to Us under this Agreement) all of the Assigned Assets, free and clear of all claims, liens, charges, security interests, encumbrances, and agreements of any nature (other than this Agreement), and when You and We sign this Agreement, no one other than Us shall have any present or future right to the Assigned Assets. b. This Agreement and all of the other documents signed in connection with this Agreement have been properly signed by You, and they represent Your legal, valid and binding obligation, enforceable against You in accordance with their terms. c. The signing and performance of this Agreement by You and the transactions described in this Agreement: i. do not conflict with any other obligations of Yours; ii. will not cause a violation under (or create any right of termination, cancellation or acceleration or similar right under) any contract or agreement by which You or Your assets, including the Release, are bound or may be affected; iii. will not create, or give any party (other than Us) the right to create, any lien, charge, security interest or encumbrance in, to or on any of the Assigned Assets; and iv. will not create a present or future right in any other party to make any claim against You or Your assets, or any of the Assigned Assets. 2 02008 321 Henderson Receivables Origination LLC Account ID: 325731 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 I I 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 restrictions on the assignability of the Scheduled Payments were included in the Release and/or Annuity at Your request, for Your benefit and not for the benefit of any other person. These restrictions, if any, were included by You as a precautionary measure to make sure You were allowed favorable tax treatment under the Internal Revenue Code. You understand that by entering into this Agreement, you may be giving up this favorable tax treatment. You understand that any income earned by You on any investment or use of the Purchase Price may be taxable to You. You may have to pay more in taxes as a result of this Agreement. For Our benefit and the benefit of Our assigns or successors, You agree to WAIVE AND RELEASE all of Your rights in, to, or under, such restrictions on assignability, if any. k You have not before the date of this Agreement, sold or assigned Your right to the Assigned Assets or any part of the Assigned Assets. You do not owe any money to Your present or former spouse for support maintenance or similar obligations, nor do You owe any money to any of Your children or guardians of Your children. The Assigned Assets are not subject to any community property or similar marital rights of any person. 02008 321 Henderson Receivables Origination LLC Account ID: 325731 Your right to the Assigned Assets is not affected by any mortgage, pledge, lien, charge, security interest, encumbrance, restriction or adverse claim of any nature. You understand that any violation of any of Your representations in this agreement will result in an act of fraud by You which could result in You being held responsible for damages in favor of Us, with money to be paid by You to Us. in. You are not in violation of any obligations concerning child-care, alimony or support. You now give up forever all Your rights in any agreement that says that You cannot assign or sell Your rights in the Assigned Assets to Us. You have not requested and You do not expect to receive from Us, a Form 1099 or any other documentation which could make the transaction described by this Agreement taxable to You in any way. You further understand that We have not given to You any advice about any of Your taxes in this transaction. You have relied on Your own professional advisors concerning taxes. o. As of the date of this Agreement, You are of legal age in the state noted as Your address in Section 11 of this Agreement, mentally sane, and of a sound mind. You have never been convicted of a felony or any other crime involving dishonesty. p. You are very familiar with Your financial affairs and condition. With that full understanding, You certify that (l) 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. t. You agree that We have not forced You to give to Us copies of any confidential documents. You agree that We told You that We only needed to see those documents which described the Assigned Assets so we could buy from You the Assigned Assets. You agree that We do not intend to tell any other party about what is included in those documents. You understand that if We do so, it will only be for the sole purpose of buying the Assigned Assets. 4 ®2008 321 Henderson Receivables Origination LLC Account 11): 325731 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 1 of this Agreement. You also agree that we can do background checks, including from the credit bureaus derived from credit bureau data, in order to verify your legal address and other contact information for purposes of this transaction, d. You will not make any change in Your instructions to the Annuity Company regarding payments to be made to You. 5 02008 321 Henderson Receivables Origination LLC Account ID: 325731 e. You understand that the Annuity and the Release may say that You agree not to sell Your rights to the Assigned Assets. You agree to continue to cooperate with Us. This includes Your obligation to immediately deliver to Us any checks, funds or other form of Payment received after the date of this Agreement by You or anyone other than Us. If any Payment is ever denied, delayed, or withheld from Us, as determined by Us in our reasonable discretion, directly or indirectly on account of any act or omission by You or any person acting for You, then You shall be in default under this Agreement (and an Event of Default under §8 shall be deemed to have occurred). Immediately upon such default, and without any further notice to You, You will pay to Us the following amounts: (i) the full, dollar value of all remaining Assigned Assets as they become due after the date of the default; All of the remedies specified under this section shall be cumulative with all of the remedies for default pursuant to §8- g. If You learn before or after the signing of this Agreement of the threat or actual beginning of any lawsuit or proceeding that has anything to do with Our rights under this Agreement or the Assigned Assets, then You will immediately notify Us of that and You will give Us copies of all notices and other writings relating to it promptly after You receive them. h. If You receive any notice relating to any supposedly unpaid claim affecting the Annuity or the Assigned Assets or to any other claim against the Annuity or the Assigned Assets, then You will promptly notify Us and will promptly give Us copies of all notices and other writings relating to it received by You promptly after You receive them. 5. RIGHT TO CANCELLATION. YOU MAY CANCEL THIS TRANSACTION NO LATER THAN THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU EXECUTE THE PURCHASE AGREEMENT, WITHOUT PENALTY OR FURTHER OBLIGATION. In order for the cancellation to be effective, You must provide written notice of cancellation to US, c/o Manager of Operations at 3993 Howard Hughes Parkway, Suite 250, Las Vegas, NV 89169-6754. 6. Your Further Promises. You agree that, from time to time, at Your expense, You will promptly sign and give to Us any and all documents to help Us realize our rights and benefits under this Agreement. This promise includes signing, filing or allowing Us to file financing or continuation statements, or amendments or assignments of those documents. You permit Us or others acting for Us to sign our name and/or your name and file without Your signature such financing statements, if that is permitted in Your state of residence. When You sign this Agreement, You will also sign and deliver to Us a "Special Irrevocable Power of Attorney" You must retain the services of an attorney and deliver an opinion of Your attorney about the sale of Assigned Assets to Us, in a form acceptable to Us. 02008 321 Henderson Receivables Origination LLC Account ID: 325731 7. Continuation of Representations, Warranties and Covenants. All of Your representations, warranties and promises made in this Agreement will continue to be relied on by Us after this Agreement is signed. 8. Event of Default. Your failure to comply with any term of this Agreement or Your breach of any of Your representations in this Agreement will mean that You will be in default. We refer to this as an "Event of Default." If there is an Event of Default, We have the right to sue You in court to make You perform Your promises or to get money from You. Your failure to comply with any material terms of this Agreement will be a default. In Paragraph 4 (c) You agree to give US at least thirty (30) days written notice after Your move to a new residence or change of Your legal address from the address in Paragraph I I of this Agreement. If we are purchasing from You certain lump sum payments, We will contact you at least 3 months before the scheduled payment is due to determine if the address change We have effected with the annuity company is in place and to determine if Your legal address has remained the same. If We cannot contact you because You have changed Your legal address or moved Your residence We will consider our inability to contact you to be an EVENT OF DEFAULT and We will exercise all of our legal rights under this Agreement. OUR RIGHT TO PROCEED AGAINST YOU UNDER THIS AGREEMENT SHALL BE SOLELY LIMITED TO WHEN YOU HAVE COMMITTED AN EVENT OF DEFAULT. WE SHALL NOT HAVE THE RIGHT TO SUE YOU IF OR BECAUSE THE ANNUITY COMPANY IS NOT ABLE TO MAKE PAYMENTS BECAUSE IT IS NOT FINANCIALLY ABLE TO DO SO. 9. Controlling Law. This Agreement shall be governed, construed and enforced in accordance with the internal laws of the State of your domicile without regard for the conflicts of law rules thereof or elsewhere. (For Court Orders or Notice Transfers obtained in the following jurisdictions: AK, AR, AL, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, Ml, MN, MO, MS, MT, NC, NE, NJ, NM, NV, OH OK, OR, Rl, SC, SD, TN, TX, UT, VA, WA, WV and WY the laws of those jurisdictions shall be applied in the event of a dispute regarding the transfer.) Your domicile is the proper place of venue to bring any action arising out of a breach of this Agreement. 10. Responsibility for this Agreement. This Agreement will hold responsible Your heirs, executors, successors and assigns and will benefit Our representatives, successors, beneficiaries and permitted assigns. Nothing in this Agreement is intended to give anyone other than You or Us or each of Our successors or assigns any benefits. 11. Notices. All notices and other communications under this Agreement will be in writing and will be made by delivery by means by which the sender obtains a receipt of delivery from the carrier (including without limitation, certified mail return receipt requested or overnight courier services), addressed to the party to whom a request or demand is to be made. Such demand or notice or request shall be deemed given on the date which is one business day after the date sent by overnight mail or three days after the date sent by certified mail. The addresses of the parties are as follows: If to You: Heather Hurley 71 Broad Street NEWVILLE, PA 17241 02008 321 Henderson Receivables Origination LLC Account 1D: 325731 If to Us: 321 Henderson Receivables Origination LLC 3993 Howard Hughes Parkway Suite 250 Las Vegas, NV 89169-6754 Attention: Manager - Operations 12. Past Actions. Anything either You or We did or said before this Agreement was signed will not affect Your or Our rights under this Agreement in any way. 13. Expenses. Except as otherwise affirmatively set forth in this Agreement, You and We agree that we will each pay our respective costs and expenses in connection with the carrying out of this Agreement. 14. Headings. The section and subsection headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. 15. Counterparts. One or more originals of this Agreement may be signed with Your or Our signature. When put together they will make one agreement and the Agreement will be considered signed by all parties that need to sign. A facsimile signature will be considered an original. 16. Assignment. We and anyone to whom We assign this Agreement may assign Our right, title and interest in and to this Agreement, the Annuity and the Assigned Assets without Your approval. You and We agree that if there is an assignment by Us to someone else, We shall not be responsible to You. You must look only to the person or company that We assign this Agreement to for any payment (for example, of the Purchase Price) and performance of this Agreement. When asked by Us or any assignee, You will sign and deliver any such documents as We may require to perform this transaction, as assigned. 17. Your spouse. You and Your spouse are fully aware of Your rights in the Assigned Assets. You and Your spouse fully give up those rights. You and Your spouse understand that by selling the Assigned Assets to Us, You and Your spouse are not receiving the same amount of money as You would if You waited for all of the scheduled Payments of the Assigned Assets but, rather, are receiving a discounted value in return for receipt of the Purchase Price immediately. You and Your spouse have valid reasons for selling the Assigned Assets. You and Your spouse fully understand the terms of the Purchase Agreement and understand that the sale of the Assigned Assets is final. You also understand that Your spouse gives up any property right he or she may have in the Assigned Assets that Your spouse could claim because of Your marriage. 18. Entire Agreement. This Agreement and the Exhibits and other documents You signed make up the entire understanding and agreement between You and Us about this Agreement. This Agreement replaces all prior agreements, whether written or oral, about this Agreement. This Agreement may not be changed unless in a writing signed by You and Us. 19. Limitation of Liability of Buyer. You understand that Our liability to You under this Agreement is strictly limited to the requirement to pay the Purchase Price and under no circumstances will We be responsible for consequential damages. 20. Court Approval. You understand that court approval is required for this transfer. You agree that you will obtain such court approval. 02008 321 Henderson Receivables Origination LLC Account TD: 325731 21. F,xhihits. I Attached to this Purchase Agreemcnt are the following Exhibits. Exhibit "A"I List of What Payments We are Buying. Intending to be legally bound, You and We have signed this Agrcement as of the date at the top of the first page of this Agreement. 321 fIE'NDERSON RECEIVABLES ORIGiNATTON LLC By: Virx President-Operation; ea nrley , SIGN ti1?.RE so Sworn to and subscribed before me this f day of 6 .2009 Not ry COMAapWX1A' TH OF emsyi mm fie"iim&- ?y pUbb pnlac 80M. Cumb? 0a b Counh, MY"+Abcs.hxt 18,1012 X ? 7Nvan15 Aaao?aiyr? of PlpSwlyp 02008 321 Ha ndumn Raeeivabia QEWDWM LLC AceountlD: 323731 Exhibit A We are hereby purchasing from You. under the Annuity: A) 180 monthly payments of 5300.00 each, bebrinning on November 19, 2010 and ending on October 19, 2025 Heat ter Hurley SIGN STATE OF COUNTY Of On this to day of r•. h , 2001, berore me, the above signed personally appeared before mc, pemnally known to we to be the person whose name is subscribed to the within instrument and ackeowledged to me that he executed it. ):? -c"-> Nota COMMONWEALtI, JF PtNNSYLVANIA ,eel , Mcmry Public COW bmb q County M? ion. 18, 2012 Member. .yz? t:sodati??oi lYOnrlto Account ID: 325731 SCHEDULE I 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 BANDS, THEREFORE, WE URGE YOU TO EXPLORE ALL FINANCIAL OPTIONS. WE WILL PURCHASE FROM YOU A) 180 monthly payments of $300.00 each, beginning on November 19, 2010 and ending on October 19, 2025 [THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] e Account ID; 325731 SCHEDULE 1, PAGE 2 THE AGGREGATE AMOUNT OF THE PURCHASED PAYMENTS IS $54,000.00. THE DISCOUNTED PRESENT VALUE OF THE AGGREGATE PAYMENTS AT 2.00% IS $45,139.85. THE DISCOUNTED PRESENT VALUE IS THE CALCULATION OF THE CURRENT VALUE OF THE TRANSFERRED STRUCTURED SETTLEMENT PAYMENTS UNDER FEDERAL STANDARDS FOR VALUING ANNUITIES. THE GROSS AMOUNT PAYABLE TO SELLER IS $13,250.00. THE FOLLOWING EXPENSES ARE INCURRED BY THE SELLER (YOU) AND WILL BE DEDUCTED FROM THE PURCHASE PRICE: COMPLIANCE AND ADMINISTRATIVE FEE: $750.00 LEGAL FEES TO PROCURE COURT APPROVAL (THIS IS AN ESTIMATE OF WHAT YOU WILL BE CHARGED TO OBTAIN COURT APPROVAL): $500.00 FILING AND RELATED EXPENSES FEE: $0.00 THE NET AMOUNT PAYABLE TO THE SELLER(YOU) IS $129000.00. 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 2.00%. THE EFFECTIVE ANNUAL DISCOUNT RATE FOR THIS TRANSACTION IS 21.46%. THE CASH PAYMENT YOU RECEIVE IN THIS TRANSACTION FROM US WAS DETERMINED BY APPLYING THE SPECIFIED EFFECTIVE ANNUAL DISCOUNT RATE, COMPOUNDED MONTHLY, TO THE TOTAL AMOUNT OF FUTURE PAYMENTS TO BE RECEIVED BY US, LESS THE TOTAL AMOUNT OF COMMISSIONS, FEES, COSTS, EXPENSES AND CHARGES PAYABLE BY YOU. Account ID: 325731 SCHEDULE 1, PAGE 3 THE NET AMOUNT THAT YOU WILL RECEIVE FROM US IN EXCHANGE FOR YOUR FUTURE STRUCTURED SETTLEMENT PAYMENTS REPRESENTS 26.60% 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 26.60%. BASED ON THE NET AMOUNT THAT YOU WILL RECEIVE FROM US AND THE AMOUNTS AND TIMING OF THE STRUCTURED- SETTLEMENT PAYMENTS THAT YOU ARE TURNING OVER TO US9 YOU WILL, IN EFFECT, BE PAYING INTEREST TO US AT A RATE OF 21.46% 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 NO LATER THAN THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU EXECUTE THE PURCHASE AGREEMENT, WITHOUT PENALTY OR FURTHER OBLIGATION. THIS CANCELLATION RIGHT CANNOT BE WAIVED IN ANY MANNER. YOU MAY CANCEL THIS TRANSACTION NO LATER THAN THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU EXECUTE THE PURCHASE AGREEMENT, WITHOUT PENALTY OR FURTHER OBLIGATION. Account 1D: 325731 SCHEDULE 1, PAGE 4 IN ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST PROVIDE WRITTEN NOTICE OF CANCELLATION TO US: 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. AccovutID: 32$731 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. It CA A~- -,!T ?R/ HEATHER LEY SIdN HEttE Mn1, . -- 1 ATTACHMENT/EXHIBIT "5" 321 HENDERSON RECEIVABLES ORIGINATION LLC February If, 2009 Allstate Life Insurance Company 544 Lakeview Parkway, OF Vernon Hills, 1L 60061 Attn: Legal Department/Structured Settlements Allstate Assignment Company 544 Lakeview Parkway OF Vernon Hills, IL 60061 Attn: Legal Department/Structured Settlements RE: Notice of Sale/Assignment of Payment Rights Your Contract #: SSAL12966 Payee: Heather Hurley SS #: 181-72-1575 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 Morns 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 President 3993 Howard Hughes Parkway - Suite 250 -Las Vegas, NV 89169-6754 PHONE: (800) 454.9368 - FAX: (215) 567-7525 - E-MAIL: 1GWCw1GWFUNDING.C0M WEB SITE: WWW.JGWFUNDING.COM C7 ?/ f e .j ' B 2Q?8 MARO & MARO, P.C. FEE) 1By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of 321 Henderson NO: Receivables Origination, LLC and Heather Hurley NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Allstate Life Insurance Company Attn. Lisa Sterner 544 Lakeview Parkway, L3F Vernon Hills, IL 60061 Michael D. Rentschler Attorney for Heather Hurley 28 n 32nd st Camphill, PA 17011 Allstate Assignment Company Attn. Legal Dept/structured Settlements 544 Lakeview Parkway L3F Vernon Hills, IL 60061 Heather Hurley 71 Broad Street Newville, PA 17241 You are hereby given notice that 321 Henderson Receivables Origination L.L.C. has filed a petition to transfer structured settlement payment rights. A hearing in this matter has been scheduled on , 2009 at o'clock in courtroom no. courthouse, Cumberland County Court of Common Pleas, Pennsylvania. You are entitled to support, oppose or otherwise respond to the payee's petition, either in person or by counsel, by filing written comments with the court prior to the hearing or by attending the hearing. The Name, Address and Tax Identification number of the i Receivables Origination L.L.C.. 40 Morris Avenue, Bryn Mawr, 4728885 '-- ` 17--' ?--? o- BY: Date Attorney for 321 Henderson Receivables Origination, LLC. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 (610) 275-9666(facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of 321 Henderson Receivables Origination, LLC and Heather Hurley NO: Q?-4cN? fir` INITIAL ORDER OF COURT On this a 674 day of 2009, it is ordered that a hearing on this Petition to Transfer Structured Settlement?ayment Rights will be held on 3 Oa ?, in Courtroom `/ at $:.30 o'clock. The payee shall bring OJQA- in ome 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 4 cr, J V ci W rU Maro & Maro, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 for 321 Henderson Receivables Origination, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Joint Petition of 321 Henderson Receivables NO: 2009-958 Civil Origination, LLC and Heather Hurley CERTIFICATE OF SERVICE I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the Initial Order of Court was served upon the Payee, The Structured Settlement Obligor, The Annuity Issuer, the Payee's Spouse and any person receiving child support, alimony or alimony pendente lite. A copy of the Notice is attached hereto. Date: March 3, 2009 B . - - `" Robert A. Maro, Esquire Attorney for 321 Henderson Receivables Origination, LLC r IN THE COURT OF COMMON-PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of 321 Henderson NO: Receivables Origination, LLC and 6 ?? cN Heather Hurley INITIAL ORDER OF COURT On this day of 2009, it is ordered that a hearing on this Petition to Transfer Structured Settlement ayment Rights will be held on in Courtroom I - atcln o'clock. The payee shall bring i me 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: 1?[ A t Lq . J. T F. e% ow ?ot 441d .. ' C7 %Wo T7k -Ln l 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of 321 Henderson NO: C ? j Receivables Origination, LLC and Heather Hurley FINAL ORDER OF COURT On this 3' Day of A ,?; % , 2009, it is ordered that the Petition to Transfer of Structured Settlement ayment Rights is granted. The court specifically finds that: (1) the payee has established that the transfer is in the best interests of the payee or the payee's dependents; (2) based on the certification by an attorney for the transferee, and the court having not been made aware of any statute, regulation or order that would be incompatible with the proposed transfer, the transfer will not contravene any applicable federal or state statue or regulation, or the order of any court or administrative authority; (3) the transfer complies with the remaining requirements of the Structured Settlement Protection Act, including Sections 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6); (4) the payments that are to be transferred are designated as follows: A) 180 monthly payments of $300.00 each, beginning on November 19, 2010 and ending on October 19, 2025 (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 ,00 $12,000.00, from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: 'rAMAkSt lN,-3 ! 1 q :6 WV £- sdv 6w AMONOH1GLd 3RL ,d£} 3-C#-(t3'