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HomeMy WebLinkAbout09-1538IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) No . 9- /S?3-F CLd T't ` PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMM RIGHTS Petitioner, Settlement Funding, LLC d/b/a Peachtree Settlement Funding, hereby submits the following Petition to Transfer Structured Settlement Payment Rights pursuant to the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009 ("the Act"), and Pa.R.C.P. 229.2, and in support states: 1. Pursuant to Rule 229.2, the "Transferee" and Petitioner herein is Settlement Funding, LLC d/b/a Peachtree Settlement Funding, a Georgia Limited Liability Company with offices located at 3301 Quantum Blvd., Second Floor, Boynton Beach, Florida 33426. 2. The "Payee" is Eliezer C. Ocasio, an adult individual whose date of birth is March 21, 1981, and who resides at 11 Cottage Court, Mechanicsburg, Pennsylvania 17050. 3. This Court has jurisdiction to determine the merits of this petition pursuant to the Act because the Payee is domiciled in Cumberland County, Pennsylvania. 40 P.S. § 4004. 4. As the result of an injury claim, Payee is entitled to receive 480 monthly payments each in the amount of $2,863.32 commencing on December 6, 2007 through and including November 6, 2047 (An excerpt of Payee's annuity policy, the "Contract Specifications" with payment schedule, is attached hereto as Exhibit "A"). 5. By operation of a Uniform Qualified Assignment, the obligation to make the monthly payments is held by Hartford- Comprehensive Employee Benefits Service Company, the Structured "Settlement Obligor" as defined by 40 P.S. § 4002. Hartford- Comprehensive Employee Benefits Service Company is located at 200 Hopmeadow Street, Simsbury, Connecticut 06089. 6. The obligation was funded through the issuance of an annuity by Hartford Life Insurance Company (the "Annuity Issuer"). Hartford Life Insurance Company is located at 200 Hopmeadow Street, Simsbury, Connecticut 06089. 7. On March 6, 2009, Payee executed an Absolute Assignment and UCC Article 9 Security Agreement (the "Transfer Agreement"), a true and correct copy of which is attached hereto and incorporated herein by reference as Exhibit "B". The Transfer Agreement provides for the assignment of Payee's right and interest in receiving 296 monthly payments each in the Page 2 of 7 amount of $2,163.32 commencing on June 6, 2009 through and including January 6, 2034, to Settlement Funding LLC.1 8. The rights to receive the payments described above at paragraph 4 are exclusive to the Payee, who owns them. 9. The Transfer Agreement was executed by the Transferee on March 6, 2009. 10. Payee has completed the "Payee's Affidavit in Support of Petition" required by Rule 229.2, a copy of which is attached hereto as Exhibit "C". As set forth in further detail in the Affidavit, the purpose of this transaction is to purchase a home outright. (See, Exhibit "C", para. 7). 11. Payee has been provided, and has acknowledged receipt at least 10 days prior to receipt of the Transfer Agreement, the "Transfer Disclosure" required by 40 P.S. § 4003 (a)(2), attached and incorporated herein by reference as Exhibit "D". 12. Based on the net amount that the Payee will receive from this transaction ($149,915.00), and the amounts and timing of the structured settlement payments that would be assigned, the Payee is, in effect, paying interest at the rate of 17.51% per year. 13. Payee has been provided, and has acknowledged receipt, at least 10 days prior to receipt of the Transfer Agreement, the Pursuant to Rule 229.2(d), Settlement Funding, LLC d/b/a Peachtree Settlement Funding is the Petitioner and has attached a Verification in support thereof. Pursuant to Rule 229.2 (c), the Payee is also a party to this petition, as reflected in the caption, but is not represented by counsel for Petitioner. Page 3 of 7 written "Notice" in bold print 12-point type as required by 40 P. S. § 4003 (b). A true and correct copy of Payee's acknowledgement of the receipt of the § 4003 (b) Notice is attached as Exhibit "E". 14. Payee has been advised in writing to seek independent professional advice regarding the implications of the transfer, and has received such advice as set forth in the signed "Acknowledgement", attached hereto as Exhibit "F". 15. The transfer complies with the requirements of the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, and will not contravene other applicable Federal or State statutes or regulations or any applicable law limiting the transfer of workers' compensation claims. (See, Certification of Ronald E. Reitz, attached as Exhibit "G"). 16. Petitioner and Payee respectfully request that the Court sign an order approving this transfer which constitutes a "qualified order" for purposes of 26 U.S.C.A § 5891. 17. Payee believes that due to his personal circumstances and financial needs, his best interests are served by completing this transfer. 18. A brief discussion regarding "Structured Settlement Transfers" is attached for the Court's convenience, as Exhibit "H" herein. Page 4 of 7 19. Payee acknowledges that Swartz Campbell LLC has not been engaged to render professional advice with respect to the advisability, or the implications of the transfer, including the tax ramifications of the transfer. Counsel has been engaged solely to prepare and present the within Petition, based upon Payee's independent determination and advice obtained from others, with respect to the advisability and ramifications of the transfer. WHEREFORE, Petitioner prays that this Honorable Court approve this Petition to Transfer Structured Settlement Payment Rights, as set forth herein. Res] Swa: By: Page 5 of 7 Attorney for Petitioner, Settlement Funding, LLC VERIFICATION I, Kurt Moody, In-House Counsel of Settlement Funding, LLC d/b/a Peachtree Settlement Funding, have read the foregoing Petition to Transfer Structured Settlement Payment Rights, and hereby aver that the statements therein are correct to the best of my personal knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date : / ' 0 MOO Y Y T Page 6 of 71 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS was served by certified mail, return-receipt requested, postage pre-paid, on this __t&day of March, 2009 on: Hartford-Comprehensive Employee Benefits Service Company 200 Hopmeadow St. Simsbury, CT 06089 ("Settlement Obligor") Hartford Life Insurance Company ATT'N: STRUCTURED SETTLEMENTS 200 Hopmeadow St. Simsbury, CT 06089 ("Annuity Issuer") and by regular U.S. mail, postage prepaid to: Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Eliezer C. Ocasio 11 Cottage Ct. Mechanicsburg, PA 17050-3171 ("Payee") Swartz By: lonald Reitz Attorney Petitioner, Settlement Funding, LLC Page 7 of 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER No. STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) FINAL ORDER On this 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, Eliezer C. Ocasio, has established that the transfer is in the best interests of the payee taking into account the welfare and support of 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 Federal or State statute or regulation, or the order of any court or responsible 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: 296 monthly payments each in the amount of $2,163.32 commencing on June 6, 2009 through and including January 6, 2034, to Settlement Funding, LLC (the "Assigned Payments"). (5) the Settlement Obligor is Hartford-Comprehensive Employee Benefits Service Company, and the Annuity Issuer is Hartford Life Insurance Company. Annuity Issuer shall forward the Assigned Payments to Settlement Funding, LLC, when due, to P.O. Box 116476, Atlanta, GA 30368-6476 or to such other address as designated by Settlement Funding, LLC. (6) the terms of this order shall survive the death of the payee and shall be binding on the payee's heirs, beneficiaries and assigns. (7) the payee shall receive from the transferee the gross amount of $150,115.00. BY THE COURT: J. COPY CONTRACT SPECIFICATIONS AGE AND SEX OF 28 Male FIRST ANNUITANT AGE AND SEX OF NIA SECOND ANNUITANT DATE OF FIRST PAYMENT 12/06/2007 DATE 00 ISSU9 01/24/2008 OWNER Hartford CESSCO FIRST ANNUITANT Eliezer Caraballo Ocasio SECOND ANNUITANT NIA INCOME PAYMENT $2,863.32 INCOME PAYMENT Monthly FREQUENCY ANNUITY NUMBER CCX0539543 SCHEDULE OF BENEFITS AND PREMIUMS FORM NUMBERS DESCPJPTION OF BENEFIT SINGLE "L- 16949,9352,15692 15893 Single Premium Life Annuity With Certain Period Certain Period - 40 Years Income Payments Of $2,86$.32 Monthly Beginning 12/06/2007 i a N 0 r PREMIUM Paid In Full 90:11 6eez/vz/6e COPY ,--IN .IHE 1~oitn SCHEDULE A Payments for Eliezer Carab#Ho 4caslo: Dartford Life lusurance Compauy 200 Hopmeadow Street Simsbury, Cunnecticut 06089 $2,863,32 monthly for life with 480 months guaranteed, beginning 12/06/2007 lit.-19693 90/00 39W 98LISOANI V3Q33 96LOT99LTL SO M 600Z/0L/Z0 AsimuTL AssICNMENT AND UCC ARTICLE 0 SECURITY At3R NT (TIE "AcRoomm") March 6, 2009 1. Elissrr C. Ocaslo, ("I", We" or "Assignor') residing at 11 Cottage Ct. Mechanicsburg, PA 17050-3171 am entitled to 480 monthly payments each In the amount of $2,863.32 oommencing on December 6, 2007 through and Including November 6, 2047 then continuing for life thereafter (the "Periodic PaymenW) 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 Hartford-Comprehermi" Employe* Don. Svc. Co. (the "Settlement Obligor") under the terns of the Settlement Agreement and are being funded by an annuity issued by Hartford Life Insurance Company (the "Annuity Issuer") bearing annuity contract number =0539543. A.. I hereby sell, assign and convey to Settlement Funding, L.L.C. (the "Assignee") and ft 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: 296 monthly payments each In the amount of $2.163.32 commencing on June 6, 2009 through and Including January 6, 2034 (the "Assigned Payments"); and in consideration for this assignment, Assignee shall pay to me the sum of $150,115.00 (the "Assignment Price"). B. I hereby make the following unconditional representations, warranties and promises: 1. No one other than me has any interest or claim of any kind or nature In, to or under the Assigned Payments t 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 same. 3. 1 agree to conduct my affairs so as to ensure that Assignee obtains all of the benefits of the assignment contemplated hereby. C. I 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 Pat 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. D. 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 same 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 dtrecting 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 9 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 as General Intangibles under Article 9 of the Uniform Commercial Code of the state designated In Paragraph F below. This Agreement 56/Z0 mid d ,,,y 68ETZEU T1 hZ:00 8006/T0/T0 shalt also function as a security agreement. This security interest secures payment of the rights assigned and performance of my obligations under Paragraph B above. Assignee may direct any account debtor, obligor on an instrument, Including, without limitation, the Settlement Obligor or Annulty 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. ARBITRATION 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 uniting 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 limitations. 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 shall 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 I have under the Settlement Agreement with respect to the Assigned Payments, Including, without gmitation, the power to endorse checks, drafts or other Instruments, the power to alter, edit and change payment Instructions and/or beneficiary designations and any other act which, in the sole discretion of Assignee as my Attorney-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 shall be reduced in like 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, Assignee shall forward such amount(s) to me at the address set forth above within seven (7) days of receipt of such amount(s). BE/E0 39Vd dIH3 3MH b9ETZEUTL t1z:00 B00Z/T0/T0 I. Assignee shall be entitled to discharge any adverse claims against Assignor or any of the Assigned Payments whether or not such adverse claims are disclosed. Assignee may, provided Assignee furnishes prior written notice to Assignor, pay any and all amounts necessary 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 liens 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 the court order once It Is granted I would like to receive the Assignment Price or a portion thereof as soon as possible thereafter. Accordingly, I 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. Al 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 while 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 pars materi herewith. 1 In witness whereof I hereunto set my hand. / - L4:?Q._ EI er C. Ocasio STATE OF _ COUNTY OR CITY OF C"/0 On the _C? day of !VtS.n , in the year cwt before me, the undersigned, personally appeared Eliezer C. Ocaslo, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) Is (are) subscribed to the within Instrument, and acknowledged to me that he/she/they executed the some in h1oftwltheir capacity(les), and that by hismer/their signature(s) on the Instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executetiae?, meat. um A. My Commission expires Accepted: g, L.L.C. S ttiement u I 1A -a T Me: „ ?U!' Date: DO NOT SIGN THIS ENT UNTIL 03/06/2009 9E/170 39Vd dIH0 3n-H 09ETZEZITL VZ:00 B00Z/10/ 0 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 1, Eliezer C. Ocasio, the payee, verify that the statements below are true and correct: 1. Payee's name, address and age: Eliezer C. Ocasio residing at 11 Cottage Court, Mechanicsburg, PA 17050-3171, and I am 27 years old. 2. 3. 4. Marital Status: X Never Married; Married; Separated; Divorced If married or separated, name of spouse: Minor children and other dependents: Names, ages, and places of residence: Aracelys Ocaslo, age 8, Arianne Ocasio, age 7, Kenny Ocasio, age 4, and Raul Oeasio, age 1 % ; all live at the some address as above. Income: (a) Payee's monthly income and sources: I am not employed, but I am actively searching for work. 1 will continue to receive structured settlement payments of $2,863.32 per month through May 6, 2009, when the payments will decrease to $700.00 per month through January 6, 2034. On February 6, 2034,1 will start receiving payments of $2,863.32 per month and continuing for life thereafter. SE/Go 39dd e5etaeUTL ea:ee eeeziteite (b) If presently married, spouse's monthly income and sources: N/A. 5. Child support, alimony or alimony pendente life: Obligation to pay: 'Y'es 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? _ 'Y'es _ & 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: 96/90 39vd dIMD 3n-M PSETZEUTL VZ:00 800Z/T0/T0 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 plan to use $140.000.00 of the proceeds for the outright purchase of a three- bedroom, two-bathroom house, and the remaining $9,900.00 for closing costs, taxes and fees. Buying the house in full will eliminate the burden of monthly mortgage payments and will free up my finances to cover maintenance and upkeep costs or other expenses for my family. A sale of a lesser amount will not be enough to finance this investment. S. 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 $ $ s 5E140 39dd dIHO MIS 09ETZEUT4 bZ:00 800Z/T0/T0 VerUleation 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 P&C.S. §4904, relating to unswom falsification to authorities. DATEJZ??- oc "CYO Eli er C. CO cual s i 96/80 3Jdd dIHD 31"0 b9EIZEZLLL hZ:00 800Z/Z0/10 PENNSYLVANIA TRA , ' FER DISCLOIURE Payee: Eliezer C. Oceelo; resident of: PA A. Amounts and due dates of the structured settlement payments to be transferred: 296 monthly payments each in the amount of $20163.32 commencing on June 6, 2009 through and Including January 6, 2034. B. Aggregate amount of such payments: $640,342.72. C. (1) Discounted present value of such payments: $502,550.80 (2) The discount rate used in determining such discounted present value: 2.00% percent as of February 25, 2009. D. Gross amount payable to the Payee In exchange for such payments: $150,115.00. 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: WAIVED; Processing Fee: $200.00. F. Net amount payable to Payee after deduction of all commissions, fees, costs, expenses and charges described above: $149,915.00 minus any advances made to Payee against the amount payable to Payee. G. The quotient, expressed as a percentage, obtained by dividing the net payment amount by the discounted present value of the payments: 29.83%. 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. GEM 39Vd 09ETZCZLTL DL:ee 8eezii9/T0 1. Payee acknowledges receipt of, and acknowledges to have read and understood, the above disclosure statement and information required to be 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 10 days prior to executing your transfer agreement. '/ Mom c. ocaslo 0 3r pate 9E/4Z 39dd dIHO 31-M h9EZZEZLTL bZ:00 800Z/I0/Z0 NOTICE (PA) Payee: Eliezer C. Ocasio 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. ile-zer C. Ocasio Date SE/6Z 3Jdd h9ETZ£ZLTL OZ:00 800Z/10/T0 F.TMJ • It -i Payee: Eliezer C. Ocasio (Please initial of the following statement) 1 have received Independent legal advice regarding the implications of the transfer, including considerations of the tax ramifications of the transfer. EC (Initials) r c ?elleker C. Ocasio 03 -r06 a Date 9E/EZ 39Vd 09ETZEZLTL hZ:00 800Z/T0/10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT No. FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) CERTIFICATION OF COUNSEL Ronald E. Reitz, attorney for Settlement Funding LLC d/b/a Peachtree Settlement Funding, hereby sets forth the following: 1. I, Ronald E. Reitz, am counsel of record in this matter for Settlement Funding, LLC d/b/a Peachtree Settlement Funding. 2. Based on materials provided to me by Settlement Funding, and upon reasonable investigation and inquiry, the transfer set forth in the subject Petition complies with all requirements of the Structured Settlement Protection Act, 40 P.S. § 4001-4009, and does not contravene any applicable Federal or State statute or regulation, or order of any court or administrative authority. 3. This Certification is made to the best of my knowledge, information and belief pursua o a.R.C.P. 229.2. R ald tz Background _on Structured Settlements Generally: Contrary to popular misconception, structured settlements typically result from a voluntary settlement of an underlying tort claim. While many believe that structured settlements are typically court approved, court ordered or otherwise mandated by the court as a form of spendthrift trust, this is simply not true. Structured settlements are a convenient and cost effective way to settle personal injury claims, particularly where there is disagreement over the size of the settlement as the perceived value of future payments is generally higher than their true value. Simply put, structured settlements are a cost effective way for insurance carriers to settle personal injury claims on favorable terms and are often used for garden variety cases. In the vast majority of cases they are simply the result of a negotiated settlement between plaintiff and defendant with no substantive court involvement. Anti-assignment provisions are often included in structured settlement agreements under the mistaken belief that they are required to prevent the application of the "constructive receipt" tax doctrine. These anti-assignment provisions were not included as a form of spendthrift trust nor were they intended as a restriction on alienation of the right to receive structure settlement payments. Rather they are a result of an overly cautious reading of several private letter rulings from the early 1980's and a mis-understanding of the constructive receipt tax doctrine. Any lingering doubts as to whether an anti- assignment provision is required to prevent constructive receipt were dispelled in 2002 with the passage of 26 USC Section 5891, et seq. which made it clear - by way of a clarification of existing law - that a sale or transfer of structure payments rights would not alter the tax treatment applicable to the annuitant or annuity issuers. Notwithstanding this, anti-assignment clauses remain a vestige of common practice and are hence present in many settlement agreements. The one common failing of structured settlements is that they are relatively inflexible. Once established they cannot be altered. As a consequence, a secondary market for structured settlements evolved in the 1990's, Because of the significant demand from structured settlement recipients to restructure/refinance how and when they receive these payments, a secondary market flourished. In 2002, the United States Congress, after hearings before the Ways and Means committee, passed 26 USC Section 5891, et seq. making it clear that structured settlements could be transferred and that no adverse tax consequence would attach. As part of providing this clarification, Congress required that a transfer of structured settlement payment rights be pursuant to a state transfer statute finding that the transfer was in the best interest of the selling annuitant. Employees and officers of the petitioner, Settlement Funding, appeared at the congressional hearing referenced above and worked tirelessly in the late 90's and early 2000's to obtain the passage of 26 USC Section 5891 and to pass state transfer laws around the country. Almost every state now has a structured settlement statute which provides for unprecedented levels of consumer safeguards prior to an individual being permitted to sell a structured settlement. This is so notwithstanding the fact that the decision to accept the structured settlement, as outlined above, is typically the result of a simple negotiation between plaintiff and defendant and not as consequence of the independent judgment that the recipient is unable to manage their financial affairs. The structured settlement transfer statutes and the provisions of 26 USC Section 5891, et seq. make it clear that both federal and state legislators recognized the need for liquidity in the secondary market for structured settlement payments. Provided that the transfer statute is adhered to, the court ,should permit the transfer of the structured settlement payments provided that such transfe'r' is' in the be'st interest of the payee. _p 00 K } i .j 4:.7 ? A.7 ? O C ® ` 1 J a % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: AMENDED PETITION OF . SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE No.09-1538 SETTLEMENT FUNDING TO TRANSFER STRUCTURED , SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) AN=ED PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMM RIGHTS Petitioner, Settlement Funding, LLC d/b/a Peachtree Settlement Funding, hereby submits the following Amended Petition to Transfer Structured Settlement Payment Rights, pursuant to the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009 ("the Act"), and Pa.R.C.P. 229.2, and in support states: 1. Pursuant to Rule 229.2, the "Transferee" and Petitioner herein is Settlement Funding, LLC d/b/a Peachtree Settlement Funding, a Georgia Limited Liability Company with offices located at 3301 Quantum Blvd., Second Floor, Boynton Beach, Florida 33426. 2. The "Payee" is Eliezer C. Ocasio, an adult individual whose date of birth is March 21, 1981, and who resides at 11 Cottage Court, Mechanicsburg, Pennsylvania 17050. "rne amendment pertains only to paragraph 20 herein, which was not part of the original petition. I , i 3. This Court has jurisdiction to determine the merits of this amended petition pursuant to the Act because the Payee is domiciled in Cumberland County, Pennsylvania. 40 P.S. § 4004. 4. As the result of an injury claim, Payee is entitled to receive 480 monthly payments each in the amount of $2,863.32 commencing on December 6, 2007 through and including November 6, 2047 (An excerpt of Payee's annuity policy, the "Contract Specifications" with payment schedule, is attached hereto as Exhibit "A"). 5. By operation of a Uniform Qualified Assignment, the obligation to make the monthly payments is held by Hartford- Comprehensive Employee Benefits Service Company, the Structured "Settlement Obligor" as defined by 40 P.S. § 4002. Hartford- Comprehensive Employee Benefits Service Company is located at 200 Hopmeadow Street, Simsbury, Connecticut 06089. 6. The obligation was funded through the issuance of an annuity by Hartford Life Insurance Company (the "Annuity Issuer"). Hartford Life Insurance Company is located at 200 Hopmeadow Street, Simsbury, Connecticut 06089. 7. On March 6, 2009, Payee executed an Absolute Assignment and UCC Article 9 Security Agreement (the "Transfer Agreement"), a true and correct copy of which is attached hereto and incorporated herein by reference as Exhibit "B". The Transfer Agreement provides for the assignment of Payee's right Page 2 of 7 and interest in receiving 296 monthly payments each in the amount of $2,163.32 commencing on June 6, 2009 through and including January 6, 2034, to Settlement Funding LLC.2 8. The rights to receive the payments described above at paragraph 4 are exclusive to the Payee, who owns them. 9. The Transfer Agreement was executed by the Transferee on March 6, 2009. 10. Payee has completed the "Payee's Affidavit in Support of Petition" required by Rule 229.2, a copy of which is attached hereto as Exhibit "C". As set forth in further detail in the Affidavit, the purpose of this transaction is to purchase a home outright. (See, Exhibit "C", para. 7). 11. Payee has been provided, and has acknowledged receipt at least 10 days prior to receipt of the Transfer Agreement, the "Transfer Disclosure" required by 40 P.S. § 4003 (a)(2), attached and incorporated herein by reference as Exhibit "D". 12. Based on the net amount that the Payee will receive from this transaction ($149,915.00), and the amounts and timing of the structured settlement payments that would be assigned, the Payee is, in effect, paying interest at the rate of 17.51% per year. 2 Pursuant to Rule 229.2(d), Settlement Funding, LLC d/b/a Peachtree Settlement Funding is the Petitioner and has attached a Verification in support thereof. Pursuant to Rule 229.2 (c), the Payee is also a party to this petition, as reflected in the caption, but is not represented by counsel for Petitioner. Page 3 of 7 13. Payee has been provided, and has acknowledged receipt, at least 10 days prior to receipt of the Transfer Agreement, the written "Notice" in bold print 12-point type as required by 40 P.S. § 4003 (b). A true and correct copy of Payee's acknowledgement of the receipt of the § 4003 (b) Notice is attached as Exhibit "E". 14. Payee has been advised in writing to seek independent professional advice regarding the implications of the transfer, and has received such advice as set forth in the signed "Acknowledgement", attached hereto as Exhibit "F". 15. The transfer complies with the requirements of the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, and will not contravene other applicable Federal or State statutes or regulations or any applicable law limiting the transfer of workers' compensation claims. (See, Certification of Ronald E. Reitz, attached as Exhibit "G"). 16. Petitioner and Payee respectfully request that the Court sign an order approving this transfer which constitutes a "qualified order" for purposes of 26 U.S.C.A § 5891. 17. Payee believes that due to his personal circumstances and financial needs, his best interests are served by completing this transfer. Page 4 of 7 18. A brief discussion regarding "Structured Settlement Transfers" is attached for the Court's convenience, as Exhibit "H" herein. 19. Payee acknowledges that Swartz Campbell LLC has not been engaged to render professional advice with respect to the advisability, or the implications of the transfer, including the tax ramifications of the transfer. Counsel has been engaged solely to prepare and present the within Amended Petition, based upon Payee's independent determination and advice obtained from others, with respect to the advisability and ramifications of the transfer. 20. No Judge of this Court has previously been involved in this matter. WHEREFORE, Petitioner prays that this Honorable Court approve this Petition to Transfer Structured Settlement Payment Rights, as set forth herein. Respect,?usu fitted, Swartz LC By: Ronald E%,Zeitz Attorney for Petitioner, Settlement Funding, LLC Page 5 of 7 I % 1 11 WRIFICATION Date : - tc)7 T MOO Y I, Kurt Moody, In-House Counsel of Settlement Funding, LLC d/b/a Peachtree Settlement Funding, have read the foregoing Petition to Transfer Structured Settlement Payment Rights, and hereby aver that the statements therein are correct to the best of my personal knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Page of T! CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing AMENDED PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS was served by certified mail, return-receipt requested, postage pre-paid, on this day of March, 2009 on: Hartford-Comprehensive Employee Benefits Service Company 200 Hopmeadow St. Simsbury, CT 06089 ("Settlement Obligor") Hartford Life Insurance Company ATT'N: STRUCTURED SETTLEMENTS 200 Hopmeadow St. Simsbury, CT 06089 ("Annuity Issuer") and by regular U.S. mail, postage prepaid to: Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Eliezer C. Ocasio 11 Cottage Ct. Mechanicsburg, PA 17050-3171 ("Payee") Swar By: Page 7 of 7 Attorney for Petitioner, Settlement Funding, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: AMENDED PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) FINAL ORDER On this day of No. 09-1538 2009, it is ordered that 11 the Amended Petition to Transfer Structured Settlement Payment Rights is granted. The court specifically finds that: (1) the payee, Eliezer C. Ocasio, has established that the transfer is in the best interests of the payee taking into account the welfare and support of 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 Federal or State statute or regulation, or the order of any court or responsible 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: 296 monthly payments each in the amount of $2,163.32 commencing on June 6, 2009 through and including January 6, 2034, to Settlement Funding, LLC (the "Assigned Payments"). (5) the Settlement Obligor is Hartford-Comprehensive Employee Benefits Service Company, and the Annuity Issuer is Hartford Life Insurance Company. Annuity Issuer shall forward the Assigned Payments to Settlement Funding, LLC, when due, to P.O. Box 116476, Atlanta, GA 30368-6476 or to such other address as designated by Settlement Funding, LLC. (6) the terms of this order shall survive the death of the payee and shall be binding on the payee's heirs, beneficiaries and assigns. (7) the payee shall receive from the transferee the gross amount of $150,115.00. BY THE COURT: J. COPY CONti'RACT SPECVICATIONS AGE AND Slot OF 29 Mate FIRST ANNUITANT Eliezer Caraballo Ocaelo PMT ANNUITANT SECOND ANNUITANT N/A A09 AND SEX OF NIA SECOND ANNUITANT INCOME PAYMENT $2,883.32 DATE OF FIRST PAYMENT 12=12007 INCOME PAYMENT Monthly FREQUIMPICY DATIII 00 ISSUE 0112412008 ANNUITY NUMBER CCXO$89643 OWNER Hartford CES$00 SCHEDULE OF BENEFI'T'S AND PREMIUMS FORM N UMI39RS DESClaVVON OF BENEFIT WGILE HL" PREMIUM 16849, 9352, 15892 Paid In Full 15893 Single Premium U,ife Annuity Wft Certain Period Certain Period - 40 Years Income Payments Of $2,883:32 Monthly Beginning 12/06/2007 ?f HL-9352 58/96 39Vd 99L TL SVITT 606E/9L/Le ti. Mull 'WN% HASTFO'?.T1 SCHEDULE A Pa mnu Asr EUemer Car o Ot Aw. COPY lbrdfbrd We laegraaca Compassy 300 klepaeedow Street 9iausbary, Cuaaentiaat 06069 $2,863.32 raon * for Hfe wkb 480 mouft guaranteed, bethimg 12/46/2007 SOM 3Wd 9SLTSMINDOOM 96LOTSWSL 90:11 608L/bL/L6 AmmuT! A ovT AND UCC Airrm 9 SEC mw -0-co imMT (TM "Av?iewT"? March 6, 009 1. Fusser C. Oaado, ("t", "Me" or "Assignor") residing at 11 Maps Ct. Mechanicsix g, PA 17050171 am entitled to 4110 monthly payments each M the amount of $2,883.32 commencing on December 8, 0007 through and induce November 8, 2017 then condnuMg for We thereafler (tile "Pertodtc Paym ends") on account of the settlement of a certain personal inJucy calm, the settlement of which is memorialized in that pertain attiarnent agreement (tits "setliarrnnt Agresrnennt"}. The Periodic Payments we due to me from Hartbrd-Car?rshaansiw En6 kw" ftm Sta. Co. (the "Sett ment Obligor") under the terms of the Se11lernent Agrownlrnt and are being horded by an annully Issued by Hartford. 1.8e Insurance Company (the "Annuity ls>tuer') bearing annuity contract number CCX0639W. A. I hereby sell, assign and convey to Settlement Funding, L.L.C. (Iho 'Assignee") and ft sea" through an assignment all of mytbrights to and interest in and to the following payments due or to become due under the Settlement Agreeme 206 monk/ payawft sash In tine amount of $2,163.32 commencing on June 6, 2009 through and Inckmili ng January 6, 2084 (the "Assigned Psymentrk and in conskhraallon for this assignment, Assignee "I pay to me the sum of. $150,1 MOD (the "Assignment Price"). 8. I hereby make the following uncondlIonal represantallorm warranties and promises: 1. No one other than me has any Interest or claim of any kind or nature In, to or under the Assigned Payments t am assigning hereunder. 2. 1 am not IrK~ to anyone that would affect In any way either the assignment of the Assigned Payments referenced alcove or Assignee's absolute rights to receive same. 3. 1 agree to conduct my off0s so as to ensure that Assignee obtains all of the benefits of the assignment contemplated hereby. 0. 1 agree that the following shall be considered an event of dsfoult by me under this Absolute Assignment Agrawnent. 1. The representations sat forth In Paragraphs 61 and 6 2 above are at any time not true. 2. FeAure by me to perform the promise set forth in Paragraph B 3 above. 3. Failure by the Settlement Obligor or the Annuity hover to make any one or more of the Assigned Psywra* as a result of any art by me, my estate of any of my heirs. 4. Failure by the Settlement Obligor or Annuity Issuer to forward one or more Aesi$ted Payments to Assignee as a result of any act by am. my estate or any of my heirs . 6. Failure by me to forward promptly to Assignee any Assigned Payment received by me from the Seltiernent Obligor or the Annuity fewer. 6. Failure by me to fulftil any other obligation of mine under this Agreement. D. The following are conditions woedent b Assignee's obligation to pay me the Assignment Price: I. Assignee shah be selhiled, in its sole discretion, tires there are no akkas or Intaremin of any kind or nature whatsoever that do or may affect Assignee's rights to or Fnimest in the As Payments and Assignee's ebft actually to reoahve same on Fie datas and In the am ouMa at herein. 2. Assignee shall have received ay lfatal non-oppantabie court order, or a signed ont from Settiemerrt obligor and the Annuity issuer satisfaclory to Assignee M lts sole discretion (such court order or acknowledgement togdher am hereinafter referred to as the "Order"), suthorizing the transfer by assignment of the Assigned Payments (whloh may continue to be made taut to my name) to Assignee, and directing that the Periodic Payments due on or titer the day Of the Order be forwarded, or authorizing the forweniing of the Periodic Payments, directly to Assignee. E. Under this Agreement and only to the extent pennitled by law Assignee and i intend to create a security Mtersed under Article 8 of the UnW&m Commercial Coda of the state designated In Paragraph F below. In my righte to and Interest In the Assigned Payments, which rights have boon assigned to Assignee as Intangibles under Article 9 of the Unilomn Commercial Code of the state designated in Paragraph F below. This Agreement GSE/Z0 3Wd 6SETZEUTZ bZ 700 Beez/10/T0 shelf also ftanotion so a security agreement. This security interest so mss payment of the rights assigned and perIbmanoe of my oblbuttions under Paragraph B above. Assignee may direct any account debtor, obligor an an Instnim ard, Inckru V, wNhMK limitation, Vw Settlement Obligor or Anm * issuer, to make par&k;' paymoM dlnm#y to Assignee as conteinplated by the Uniform commercial code. Assignee may file a UCC-1 nnarwirmg statemdtrmt to psrioot its ruts t,ereu„der. F. Except as odilnetwlee required by applicaable statutory law, ads Agreement shelf be governed by end interpreted In acoordarwa with the law of the elate of residence of the Assignor on the date of trlfs Agreement :.. I • Any and all controversies, dolman disputes, tights, inbreele, sulfas or causes of action anteing out of or reWnq to this Agreement and Vw negolefto related adminishRed by the American ArbittWon ? The demo d for obttratlon shall be by bk*v n len In writing with ft other patty to this Agreement and with the Amedom Ad nation Assoclamflan oMoos in your slat's Of reshtence. The arbitration shdl be hold In the largest city in yorr state of residence. The arblfrafion slull be treed before a single arbitrator selected in accordance with the ComffwvlW Atblfratton Rules of the Anronolen Atbftgpn Association in effect at the time ti'rat the darnwW for attrl istion Is filed. Micovery, speclftwity dciudany production of documents and depositions shall be al the disoetion of time aMkstor and to the extent pormitled shall be conduaW in accordance with, and governed by the Federal Rules of CIA Procedure. A demand for arbitration shed be made wNhin a reasonable time alter the claim, dispute or other matter In question has adssn. In no Gwent, shalt the demand for arbitration be made after the date when institution of hegel or equitable proceedings based on such claim, dispute or other matter In question, would be barred by the applicable **Me of firnitattons. No a rMtratiot arising out of or relatkrg to this Agreement shall bnciuds, by consolidation or Joinder or in any other manner, an addllfanal pwoor or entity not a party to tints Agreement, except by wM n consent of to parties hereto, oo1takft a spooiltc raftrerroa to this Agreement and signed by the dimity sought to be Jo W. Consent to arbitration W Wei ft an adctitiona l person or erdW shall not wnodtcmte consent b atbibnatbn of any, d elm, dispute or other matter In question not described in to written consent or with a potion or enffty net named or described tirereln. The foregoing agreement to arbNn h and other agiowneft to arbibate with an additional person. or entity duty consented to by parties to this Agreement, shell be spooMoolly enforceable In accordance with applicable law In any court having Jte)rn thereof. The award renderad by the arbitrator shah be tined, and judgment may be entered upon it in accordance with applicable law In any coot hs*Q JurisaloUon MmA Such arbitrator shell Idantify the substarslatl)+ prevailing party and shalt Include legal fees and expenses for the substantially prevailing party. This provision does not apply to the extent iriconoMent with applicable state law regardng the transfer of structured settlement paytnerts. In such vase any rflfgx bs between the peruse will be governed In mmords6cs with tiro laws of the dor icily state of the payse and the domicile state of the payee is tine proper venue to bring any cause of action arising out of a breach of the agresmsnt. 0. f hereby grant to Assignee an inevo=Mo Power of Atiamey with foil p NMT* of subakillon to do all adds and thlqs that I aright do regarding the Assigned Payments and any and all rights 1 have under the 5aWwwnt Agreement with respect to Una Assigned Payments, induding, without btrka>fon, t#0 power b endoree chador, drafts or outer kWMM rds, the power to after, odk and change payment insttucWns and/or beneficiary designations and rector o#w act wlmioh. In the sob c ameon of Assignee ae my Attomey4 n-Fact is necessary or s*pedent for n to obtain all of the barreAts of the bargain cotemplated by this transaction- This power of attorney is coupled with an Interest and shit survive my death or diesbtiNy. H. In the event that prior to the consummation of the tcanseotion oontempkrtad hereby I r oske any of the Assignrd Payments, or any potion lhon f, the Assignment Price shah be reduced In Ike amount and the ferns of this Agreemert regarding the payments to be assigned 0*1 be deemed m be adf; nW accordingly. in the event Assignee recofves or otherwlse comes Into possession of any of the Periodic Payment(s) or pa s) enersot which are not included In are paymers being absolutely assigned to Assignee hereunder, Assignee OW forward such amount(s) to me at the addrttie set %M above within seven (7) days of receipt of such amount(s). 9E/E8 3DVd dIHD WE KMEZLTL W90 BoWTOM V. i. Assignee ehati be entltbd to discharge any adverse dakns against Aeaignor or any of the Assigned Payments whether or rot such advance claims are disclosed. Assfgrvee may, provided Asognoo furnishes prior written notice to Aasignor, pay any and all amounts necessay or. If the Assig mnt Price has bean deposNod into an escrow account, Instruct the escrow oW t to pay any and all amounts necessary to discharge such News or other adverse dooms, and the Asdgnment Price shall be reduced by the amount of any such payment. Adverse daime may include disclosed amounts to be deducted by Assignee from the Assignment Pdoo to pay Aeeignse, on servicer for Peachtree Finance Company, LLC, to erraele Assignor to obtain Peachtree Fli nano Carvpay LLC'a release of Its oncumbrssloe an a portion of the Assigned Payments, which Portion of Assigma i Payments raele?e to prior transfer transaofan(s) conomno ad prior to tine efrectlve date of the pi-Mable transfer act(s) which encutnbrence must be released for the transaction oon*npb W herein to be consumirmled. J. I know that it will take some time for the Settlement Obligor and the Annuity Issuer to reo" and process the court order once it Is premed i woad like to receive the Assignment Price or a portion thlsrow as soon as posalbie rinereafisr Acoadkrgly, I hereby request AssiDtee te pay ms a portlorv of tlros Assignvrrvarvs Price as soon as possible vW the pout order is Wanted and authorize Assignee to hold in esorow an amount R dooms necessary or advisable from the Assignment Price (the 'Escrow Amounr) urM all cordons procedent have been satisfied, IndudkV, wiltout limliallon, the receipt by Assignee of the Settlement Obligor and the Annuity Iesver's adcnowledgreM 0the tams of the court order In wriling and tha1r ogreoment to honor and comply with some. At such time or writer as Assignee may determine, I understand that Assignee will send the Escrow Amount to me minus any AsoWW Payments that the Annuity Issuer and/or Settlement Obligor sort to me wt a the Settlement Obligor and the Annuity lesuer were processing the court order. K. This Agreement shall take effect on the date It is signed by me (the Assignor) or on such lam date prescribed by appNcr" statutory law. L. AN disclosure statements are a material part of this Agreement and shall be read in pert materie herewith. t In witness whereof I herounto set my hand. lw_v r C. Ocasio STA'T'E OF _ ?(A COUNTY OR CITY F ?'- _..?? . In the yea. before me, the undersigned, personally On the ?day of C? appeared l.Itssosr C. OceNo, personally known to me or proved to me on the basis of saftbotbry evidence to be the Individual(s) whose nerve(s) is (are) subsarbed to to within trretnxnmt, and aoknowl0dged to me that he/stve/lhey executed the same In hMwditr capoWles), and that by hbftmltlneir sigrvature(s)'on the Imetrurrrerut, the individual(s), or the person upon behalf of which the indivkh awl(s) acted, execu ltv?insturmsrt. my Commission expires Accepted: ttiemsnt su g, L.L.C. T106.; vr- Date: DO NOT SIGN THIS ENT UNTIL 0 009 se/be 3DVd dIHD 3MEI 09CUEUIL Pr, X66 Beer,/16/r,9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. PETITION OF SETTLEMEM ) FUNDING LLC We PEACHTREE ) SETrLWdMqT FUNDING TO No. TRANSFER STRUCTURED ) SL?'I' HMIW PAYMENT RIGM Payee's At'fldavlt M Seppert of ?odds to Trander Sumdbured Sept RI&B I, Eliezer C. Ocesio, the payee, v%* that the status below are true and correct: I. Payee's nano, address and age: Eliczar C. Ocasio residing at I I Cottage Count, j MechvA sbwg, kA 17050-3171, and I an 27 yoars old. 2. Manta[ Stam XTavcrMarried; Married; 3eparatod; Divorced If married or separated, name of spouse: 3. Minor cMWren and odd dgmdeote: Names, ages, and places ofresideuce: Araeelys Oc asio, age 8, Arianne Ocasio, ago 7, Kenny Ocasio, age 4, and Raul Ocasio, age 1'A ; all five at the some address as above. 4. Tecome: (a) Payee's monthly income and sounds; I am not employed, but I am actively seard»ng for work. I will conthwe to racaive oMmturod sattlam t. payments of $2,86332 per month throagh May 6, 2009, when the payments will die to $700.00 per month ftwgh January 6, 2034. On February6, 2034, I wtU start reeaiving payments of $2,863.32 per month and continuing for life thereafter. 96 /Se 39Vd aSeYaeactic VV89 eaeaiteite ¦ %' % (b) If prusatitty married, spouse's monthly ineome and Warm: N/A. 5. thud rapport, any a' sMMeny pendwe life. Obligatton to pay, 'Y'es No If yes, stato the amount of the obligation, to whom payable, and whether time are arroarages: 6. Prevtoas tranders: Have you proviously filed a petition to transfer payment lights under the struotured settlement that is the subject of this petition? _ Yes -X- No If yes, for each petition that you 014 (a) If the tmsfer was submitted for court approval, list the court, the one oaption 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 gisting due dates and payment amuu*), the payments involved in the traasf{tr; (ii) State the amount ofmoney and the manner in which the money was used: (e) Have you ever transferred payments without court approval? No, If so, please emlain: 9E/9e 39Vd diHa M-E eaeizezttc M.'eB aeeaiieita 7. a. SE/L9 39W 5 5 S Reasons for transfers Describe in detail your reasons for the proposed transfer, including an explmdon as to why a sale of a lesser amount of the structured settlement will not better serve your interest: I plan to use $140,000.00 of the proceeds ft the outright purchase of'a three- bedroom, two-bathroom house, and the remaining $9,900.00 for closing costs, taxes and fees. Buying the house in fall will eliminate the burden of mouldy mortW payments and will free up my finances to cover maintenance and uplwap costa or other expomw for my fancily. A sale of a lesser amount will not be enough to finance this investment. Payment of debts: If you seek the transfer in order to pay debts, list each debt, including the scams of the creditor and the amount presently owed: N/A. Debt Creditor Amount Owed dIFD M-19 h9ETZEUT1 OZ:96 Beet;/T9/T9 Vermesdm I varify tiwt the atatemeas made in this aMdrAt are true and correct. I und%*Oud that false stator ants horoin are made subject to the pooddoo of I8 P&C.3. §4904, relating to unmmm t3alsif4cadon m Audiodtics. DATE, Z-?' o? 'tR SE/88 39vcI Eli c Ooasio dIHO 31115 65ETLEUTI bL:oo 888E/T8/T8 P_ ENN3XUMlA IMMf-ERR SURE Payee: Elieser C. Ooaelo; resident of: PA A. Amounts and due dotes of the structured settlement payments to be transferred: 2M nwnthiy payments each In the amount of $2,163.32 comr encing on June 0, 2009 through and Including January $, 2034. B. Aggregate amount of such payments: $640,342.72. C. (1) Discounted present value of such payments: ;502,550.80 (2) The discount rafts used In determining such discounted present value: 2.00% percent as of February 25, 2009. D. Gross amount payable to the Payee In exchange for such payments: $150,115.00. E. Itemized listing of all brokers' con missions, 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 Payse or deductible from the gross amount otherwise payable to the Payee: Legal Fees: WAIVED; Processing Fee: $200.00. F. Net amount payable to Payee after deduction of all commissions, fees, costs, expenses and charges described above; $1409913.00 minus any advances made to Payee against the amount payable to Payee. G. The quotient, expressed as a percentage, obtained by dividing the net payment amount by the discounted present value of the payments: 29.83%. M. 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. GEM 3ld ORCIZEUTZ 6Z:00 880E/te/i0 I. Payee acknowledges receipt of, and acknowledges to have read and u to be nderstood, the above disclosure statement and InfornMon required nitfals: m by Payee's applicable stat@ statute(s). By signing below you are confirming that you recelved a copy of this disclosure at least 10 days prior to executing your transfer agreement. I C.Ocaslo Ox -DC-- 4)Date Se/TZ 3"d dIHD 3n18 h8ETZ6ZLTL WOO B68Z/T0/Te Payne: Eliezer C. Ocasio IMPORTANT NOTICE: You are strongly urged to consult with an attorney who can advise you of the potential tax oonsequences of this transaction. I acknowledge meipt 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 trensfrsr agreement. iezer C. Oceslo tip Date SE/66 3DVd PSELZEUT4 66:00 0086/ZO/ZO ¦ F. Payee: Eliezer C. Ocasio (Pivase initial of the following statement) I have received independent legal advice regarding the hn~ons of the bamr%r, Including considerations of the tax rernMeadoris of the transfer. E, 7, (f (Initials) t I er C. Odrasio Date 5E/6z BOW 09CUEUT1 bz:08 sm/i8/is IN THE ?COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: 'PE'?IIJTETION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT No. 09-1538 FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) CERTIFICATION OF COUNSEL Ronald E. Reitz, attorney for Settlement Funding LLC d/b/a Peachtree Settlement Funding, hereby sets forth the following: 1. I, Ronald E. Reitz, am counsel of record in this matter for Settlement Funding, LLC d/b/a Peachtree Settlement Funding. 2. Based on materials provided to me by Settlement Funding, and upon reasonable investigation and inquiry, the transfer set forth in the subject Petition complies with all requirements of the Structured Settlement Protection Act, 40 P.S. § 4001-4009, and does not contravene any applicable Federal or State statute or regulation, or order of any court or administrative authority. 3. This Certification is made to the best of my knowledge, information and belief pursu t Pa.R.C.P. 229.2. Ronald eitz ar2na3F11Lt!#fted.1e.non1t GeneUy: Contrary to popular misconception, structured settlements typically result from a voluntary settlement of an underlying tort claim. While many believe that Metured settlements are typically court approved, court ordered or otherwise mandated by the court as a form of spendthrift trust, this is simply not true. Structured settlements are a convenient and cost effective way to settle personal injury claims, particularly where there is disagreement over the size of the settlement as the perceived value of future payments is generally higher than their true value. Simply put, structured settlements are a cost effective way for insurance carriers to settle personal injury claims on favorable terms and are often used for garden variety cases. In the vast majority of cases they are simply the result of a negotiated settlement between plaintiff and defendant with no substantive court involvement. Anti-assignment provisions are often included in structured settlement agreements under the mistaken belief that they are required to prevent the application of the "constructive receipt" tax doctrine. These anti-assignment provisions were not included as a form of spendthrift trust nor were they intended as a restriction on alienation of the right to receive structure settlement payments. Rather they are a result of an overly cautious reading of several private letter rulings from the early 1980's and a mis-understanding of the constructive receipt tax doctrine. Any lingering doubts as to whether an anti- assignment provision is required to prevent constructive receipt were dispelled In 2002 with the passage of 26 USC Section $891, at seq. which made it clear - by way of a clarification of existing law - that a sale or transfer of structure payments rights would not alter the tax treatment applicable to the annuitant or annuity issuers. Notwithstanding this, anti-assignment clauses remain a vestige of common practice and are hone present in many settlement agreements. The one common failing of structured settlements is that they are relatively inflexible. Once established they cannot be altered. As a consequence, a secondary market for structured settlements evolved in the 1990's. Because of the significant demand from structured settlement recipients to restructure/refinance how and when they receive these payments, a secondary market flourished. In 2002, the United States Congress, after hearings before the Ways and Means committee, passed 26 USC Section 5891, et seq. making it clear that structured settlements could be transferred and that no adverse tax consequence would attach. As part of providing this clarification, Congress required that a transfer of structured settlement payment rights be pursuant to a state transfer statute finding that the transfer was in the best interest of the selling annuitant. Employees and officers of the petitioner, Settlement Funding, appeared at the congressional hearing referenced above and worked tirelessly in the late 90's and early 2000's to obtain the passage of 26 USC Section 5891 and to pass state transfer laws around the country. AlmA every state now has a structured settlement statute which provides for unprecedented levels of consumer safeguards prior to an individual being permitted to sell a structured settlement. This is so notwithstanding the fact that the decision to accept 'the structured settlement, as outlined above, is typically the result of a simple negotiation between plaintiff and defendant and not as consequence of the independent judgment that the recipient is unable to manage their financial affairs. The structured settlement transfer statutes and the provisions of 26 USC Section 5891, at seq. make it clear that both federal aAd state legislators recognized the need for liquidity in the secondary market for structured settlement payments. Provided that the transfer statute is adhered to, the court ahould permit the transfer of the structured settlement payments provided that such traiusfcY is in the be§t interest of the payee. 77 r µ 4 co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) Civil Division No. 09-1538 CONNECTICUT TRANSFER DISCLOSURE Filed on behalf of Petitioner, Settlement Funding, LLC d/b/a Peachtree Settlement Funding Counsel of Record for this Party: Ronald E. Reitz Pa. I.D. No. 55408 SWARTZ CAMPBELL LLC Firm I.D. No. 765 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-232-9800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT No. 09-1538 FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) CONNECTICUT TRANSFER DISCLOSURE AND NOW, comes Petitioner, Settlement Funding, LLC d/b/a Peachtree Settlement Funding, and files the within Connecticut Transfer Disclosure, attached hereto as Exhibit "A". Respect Aalkiell 1 submitted, Swartz LLC By: xonala E. Reitz Attorney for Petitioner CONNEOCUT TRANSFER DMGLOSURE Payee: Eliezer C. Ocaslo; resident of: PA A. Amount and due dates of the structured settlement payments to be transferred: 296 monthly payments each in the amount of $2,983.32 commencing on June 6, 2009 through and including January, 6, 2034. B. Aggregate amount of the payments: $640,342.72. C. Discounted present value of the payments: $502,500.80; 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 2.00% as of February 25, 2009. 0. Gross advance amount: $150,115.00. 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: WAIVED. G. Net advance amount: $949,995.00. 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. 1. 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. J. You are advised to seek independent professional advice regarding the transfer. 9E/9Z MVd b, ;_'I:• M 09ETZEZLTL bZ:00 800Z/10/10 K. Pay** acknowledges receipt of, and acknowledges to have read and understood, the above disclosure statement and Information required to be ,is?closed 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. 9L.a 41e-4.44?1 Eli er C. Ocasio Date 5E/LZ 3Wd dIHD 3n-m 09ETZEZLTL OZ:80 Suez/TU/Te . I V CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this CONNECTICUT TRANSFER DISCLOSURE was served by regular U.S. mail, Postage pre-paid on this day of March, 2009, on: Hartford-Comprehensive Employee Benefits Service Company 200 Hopmeadow St. Simsbury, CT 06089 ("Settlement Obligor") Hartford Life Insurance Company ATT'N: STRUCTURED SETTLEMENTS 200 Hopmeadow St. Simsbury, CT 06089 ("Annuity Issuer") Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Eliezer C. Ocasio 11 Cottage Ct. Mechanicsburg, PA 17050-3171 ("Payee") Swartz e LLC By: Ronald E- 'Reitz Attorney for Petitioner _- - --;;s ? 1 `' ,? !- _r , ; L"",? ??:._ ' . -s- - r` `?"' _ ? _ ? a1 ' <_.; . ? '?' ?.,a i.: t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) Civil Division No. 09-1538 REVISED PAYEE AFFIDAVIT Filed on behalf of Petitioner, Settlement Funding, LLC d/b/a Peachtree Settlement Funding Counsel of Record for this Party: Ronald E. Reitz Pa. I.D. No. 55408 SWARTZ CAMPBELL LLC Firm I.D. No. 765 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-232-9800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT No. 09-1538 FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) REVISED PAYEE AFFIDAVIT AND NOW, comes Petitioner, Settlement Funding, LLC d/b/a Peachtree Settlement Funding, and files the within Revised Payee's Affidavit, attached hereto as Exhibit "A". Respec Swartz C submitted, 11 LLC By: onald E. Reitz Attorney for Petitioner 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, Eliezer C. Ocasio, the payee, verify that the statements below are true and correct: 1. Payee's name, address and age: Eliezer C. Ocasio residing at 11 Cottage Court, Mechanicsburg, PA 17050-3171, and I am 27 years old. 2. 3. Marital Status: X Never Married; Married; Separated; Divorced If married or separated, name of spouse: Minor children and other dependents: Names, ages, and places of residence: Aracelys Caraballo, age 8 and she lives at the same address as above. 4. Income: (a) Payee's monthly income and sources: I am not employed, but I am actively searching for work. I will continue to receive structured settlement payments of $2,863.32 per month through May 6, 2009, when the payments will decrease to $700.00 per month through January 6, 2034. On February 6, 2034, I will start receiving payments of $2,863.32 per month and continuing for life thereafter. (b) If presently married, spouse's monthly income and sources: N/A. 5. Child support, alimony or alimony pendente lite: Obligation to pay: 'Y'es 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? _'Y'es __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 over transferred payments without court approval? NO, If so, please explain: BE/90 3DVd dIHJ 3 TS h9ETZEZLTL hZ:00 8002/T0/T0 7. S. 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 plan to use $140,000.00 of the proceeds for the outright purchase of a three. bedroom, two-bathroom house, and the remaining $9,900.00 for closing costs, taxes and fees. Buying the house in full will eliminate the burden of monthly mortgage payments and will free up my finances to cover maintenance and upkeep costs or other expenses for my family. A sale of a lesser amount will not be enough to finance this investment. 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 $ SE/10 3E)Vd dIHO MIS PSELZEUT1 bZ:00 MOUT0/t0 VerMeation 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 unswom falsification to authorities. DATE:U?' OHO 'tR 4Eli C. Acasio 9E/80 39Vd dIHD WE OSCIZEZLtL bZ:00 8002/Z0/i0 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this REVISED PAYEE AFFIDAVIT was served by regular U.S. mail, postage pre-paid on this (7 day of March, 2009, on: Hartford-Comprehensive Employee Benefits Service Company 200 Hopmeadow St. Simsbury, CT 06089 ("Settlement Obligor") Hartford Life Insurance Company ATT'N: STRUCTURED SETTLEMENTS 200 Hopmeadow St. Simsbury, CT 06089 ("Annuity Issuer") Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Eliezer C. Ocasio 11 Cottage Ct. Mechanicsburg, PA 17050-3171 ("Payee") Swa By: Attorney for Petitioner 7W- , a < to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: AMENDED PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) NOTICE OF HEARING ON TRANSFER OF STRUCTURED 3 No. 09-1538 PETIT TO: Hartford-Comprehensive Employee Benefits Service Company 200 Hopmeadow Street Simsbury, CT 06089 ("Settlement Obligor") Hartford Life Insurance Company ATT'N: STRUCTURED SETTLEMENTS 200 Hopmeadow Street Simsbury, CT 06089 (Annuity Issuer") Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Eliezer C. Ocasio 11 Cottage Ct. Mechanicsburg, PA 17050-3171 ("Payee") You are hereby given notice that Settlement Funding, LLC has filed an Amended Petition to Transfer Structured Settlement Payment Rights. A hearing in this matter has been scheduled on or after April 3, 2009 at/after 8:30 a.m., Cumberland County Courthouse, Courtroom TBA, One Courthouse Square, Carlisle, PA 17013-3387. r You are entitled to support, oppose or otherwise respond to the petition, either in person or by counsel, by filing written comments with the court prior to the hearing, or by attending the hearing. Pursuant to 40 P.S. §4003(a)(6), the Transferee's name, address, and taxpayer identification are: Settlement Funding, LLC 3301 Quantum Boulevard Boynton Beach, Florida 33426 Taxpayer I.D. No.: 58-2292928. 9 I ` d Swart 1 LLC Date By: Ronald . Reitz Pa I.D. No. 55608 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 Phone: (412) 232-9800 Fax: (412) 471-1106 E-Mail: rreitz@swartzcampbell.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this NOTICE OF HEARING ON AMENDED PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS has been served by certified mail, return-receipt requested, postage pre-paid on this day of March, 2009, on: Hartford-Comprehensive Employee Benefits Service Company 200 Hopmeadow St. Simsbury, CT 06089 ("Settlement Obligor") Hartford Life Insurance Company ATT'N: STRUCTURED SETTLEMENTS 200 Hopmeadow St. Simsbury, CT 06089 ("Annuity Issuer") and by regular U.S. mail, postage prepaid to: Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Eliezer C. Ocasio 11 Cottage Ct. Mechanicsburg, PA 17050-3171 ("Pay if Swartz Ca 1, LLC By: onald E. eitz Pa. I.D. No. 55608 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 Phone: (412) 232-9800 Fax: (412) 471-1106 E-Mail: rreitz@swartzcampbell.com C'7 x C . Zv ,alb T ' f f ? • MAR 19 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: AMENDED PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE No. 09-1538 SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) INITIAL ORDER OF COURT On this oj04day of ?' 2009, it is ordered that a hearing on this Amended Petition to Transfer Structured Settlement Payment Rights will be held on awzz oZ?. vZ4o 9 , in Courtroom - at /1%00 0,t", o'clock. 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. 4Y THE COURT: X J. cr% N J LO t Wf cl- ?^ fJ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCAS IO ) Civil Division No. 09-1538 NOTICE OF INDEPENDENT PROFESSIONAL ADVICE Filed on behalf of Petitioner, Settlement Funding, LLC d/b/a Peachtree Settlement Funding Counsel of Record for this Party: Ronald E. Reitz Pa. I.D. No. 55408 SWARTZ CAMPBELL LLC Firm I.D. No. 765 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-232-9800 i I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) NOTICE OF No. 09-1538 PROFESSIONAL ADVICE AND NOW, comes Petitioner, Settlement Funding, LLC d/b/a Peachtree Settlement Funding, and files the within Notice of Independent Professional Advice, attached hereto as Exhibit "A". Respect y ubmitted, Swartz am TALC By: Ronald E.z Attorney for Petitioner 03/13/2009 14:22 FAX Ittj003 r Law Offices JOHN S. ;SHERRY & Assoc us 113 Stcnegate DrNai McMurray, PENjVSYWANiA 15317-2700 Telephone: (412):11"935 Feat: (724) 2$0.0223: E-mi fh isherryesgemsn.com Web Silo; http://w VyA wyers.com4ahnaherry March, l3, 2009 Re: AsOpment of Structured Settlement Mr. Eliezer C. Ocasio 11 Cottage Ct. . Mechanicsburg; PA 17050-3171 Dear Mr. Ocasio, This will conf#m our telephone conversation of March 13, 2009, in which I informed you that I received and reviewed the documents submitted to me regarding the assignment of your structured settlement being paid to you by Hartford-Comprehensive Employee Ben. Svc. Co. and funded by I lartford Life I purance Company under annuity contract CCX0539543. The documents consisted of the Absolute Assignment and UCC Article 9 Security Agreement, your Affidavit and the Pennsylvania Transfer Disclosure, which sets out all of the amounts being paid and the amount being given up. We discussed Your need to convert the full proceeds from this transaction $149,915.00 in order to use $140,000.06to buy a. three bedroom, two bath home. The remaining $9,900.00 will be used for closing costs, tPixes and fees. I advised you thit you are giving up a substantial amount of money in order to receive a lump sum of $149,915.00 after costs and expenses, as set forth in the documents. We also discussed the fact that a court could deny this transfer if it does not believe this is in your best interest. Further, we discussed the tax implications of such a transfer, You indicated that you understand this agreement is final, once approved, and all disagreements must be submitted toarbitration. You indicated that it is your intention to proceed with the agreement. Additionally yo'gave me permission to send a copy of this letter and bill to Peachtree Settlement Funding Thank you for permitting me to be of service to you. If I may be of service to you in the future, please do not hesitate to call me. Very truly yours, John S. Sherry Cc. Peachtree Settlement Funding, Sherry Strong OF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this NOTICE OF INDEPENDENT PROFESSIONAL ADVICE was served by regular U.S. mail, postage pre-paid on this 0 day of March, 2009, on: Hartford-Comprehensive Employee Benefits Service Company 200 Hopmeadow St. Simsbury, CT 06089 ("Settlement Obligor") Hartford Life Insurance Company ATT'N: STRUCTURED SETTLEMENTS 200 Hopmeadow St. Simsbury, CT 06089 ("Annuity Issuer") Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Eliezer C. Ocasio 11 Cottage Ct. Mechanicsburg, PA 17050-3171 ("Payee") Swartz (;,&*? e?ll By:- V Ronald E. eitz Attorney fo etitioner .- ?V , ITZ CJ7 r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: AMENDED PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE No.09-1538 SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) . SUPPLEMENTAL NOTICE OF HEARING ON AMENDED PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS TO: Hartford-Comprehensive Employee Benefits Service Company 200 Hopmeadow Street Simsbury, CT 06089 ("Settlement Obligor") Hartford Life Insurance Company ATT'N: STRUCTURED SETTLEMENTS 200 Hopmeadow Street Simsbury, CT 06089 (Annuity Issuer") Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Eliezer C. Ocasio 11 Cottage Ct. Mechanicsburg, PA 17050-3171 ("Payee") You are hereby given notice that Settlement Funding, LLC has filed an Amended Petition to Transfer Structured Settlement Payment Rights. A hearing in this matter has been scheduled on April 28, 2009 at 11:00 a.m., before Hon. Kevin Hess, Cumberland County Courthouse, Courtroom TBA, One Courthouse Square, Carlisle, PA 17013-3387. f t You are entitled to support, oppose or otherwise respond to the petition, either in person or by counsel, by filing written comments with the court prior to the hearing, or by attending the hearing. Pursuant to 40 P. S. §4003(a) (6) , the Transferee's name, address, and taxpayer identification are: Settlement Funding, LLC 3301 Quantum Boulevard Boynton Beach, Florida 33426 Taxpayer I.D. No.: 58-2292928. 3 _ 23- " 1 Swartz Ca , 1 7 LC Date By: Ronald E\J$eitz Pa I.D. No. 55608 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 Phone: (412) 232-9800 Fax: (412) 471-1106 E-Mail: rreitz@swartzcampbell.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this SUPPLEMENTAL NOTICE OF HEARING ON AMENDED PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS has been served by certified mail, return-receipt requested, postage pre-paid on this r 1, %ay of March, 2009, on: Hartford-Comprehensive Employee Benefits Service Company 200 Hopmeadow St. Simsbury, CT 06089 ("Settlement Obligor") Hartford Life Insurance Company ATT'N: STRUCTURED SETTLEMENTS 200 Hopmeadow St. Simsbury, CT 06089 ("Annuity Issuer") Amarilys Cruz 633 Wallace Street York, PA 17403-1322 Giovanni Manuel Caraballo-Cruz 11 Cottage Ct. Mechanicsburg, PA 17050-3171 Aracelys Caraballo-Cruz 11 Cottage Ct. Mechanicsburg, PA 17050-3171 and by regular U.S. mail, postage prepaid to: Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Eliezer C. Ocasio 11 Cottage Ct. Mechanicsburg, PA 17050-3171 ("Payee") Swartz a 1 , L C By: R nald E. itz Pa. I.D. No. 55608 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 Phone: (412) 232-9800 Fax: (412) 471-1106 E-Mail: rreitz@swartzcampbell.com ,7 .a„,} ?.^ ""? X t"iii ',1,Z ?? _?.. ? ? :: ?:. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: AMENDED PETITION OF . SETTLEMENT FUNDING, LLC d/b/a PEACHTREE SETTLEMENT FUNDING TO TRANSFER No.09-1538 STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, ELIEZER C. OCASIO) FINAL ORDER On this Zr' day of 41- It 2009, it is ordered that the Amended Petition to Transfer Structured Settlement Payment Rights is granted. The court specifically finds that: (1) the payee, Eliezer C. Ocasio, has established that the transfer is in the best interests of the payee or his dependents, taking into account the welfare and support of payee's dependents, if any; (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 Federal or State statute or regulation, or the order of any court or responsible 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: 296 monthly payments each in the amount of $2,163.32 commencing on June 6, 2009 through and including January 6, 2034 (the "Assigned Payments"). (5) the Structured Settlement Obligor is Hartford- Comprehensive Employee Ben. Svc. Co., and the Annuity Issuer is Hartford Life Insurance Company. The Strucured Settlement Obligor and Annuity Issuer shall forward the Assigned Payments, when 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. (6) the terms of this order shall survive the death of the payee and shall be binding on the payee's heirs, beneficiaries and assigns. (7) the payee shall receive from the transferee the gross amount of $150,115.00. rwq a tlanac Iy 1;a vl tqx/6 BY THE COURT: J. FILE[)--' OF THE cr.-; -,,,,, OTARY ,, 2C, 99 AIR 28 A 14 11: 33 sLa.?? J l y r.