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HomeMy WebLinkAbout09-3066Mark Thomas Sophocles (PA ID #74998) MARK THOMAS SOPHOCLES, LLC 21 Industrial Blvd., Suite 201 Paoli, PA 19301 H Nl& Tel: (610) 651-0105 Fax: (610) 651-0106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA- CIVIL DIVISION IN RE: JERMAYNE M. WEBBER A/K/A JERMAYNE WEBBER PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL DOCKET # 2009- PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS 1. This Petition is brought pursuant to the provisions of the Pennsylvania Structured Settlement Protection Act, 40 P.S. §4001 et seq. and Pa. R.C.P. 229.2. 2. Petitioner and Transferee is Settlement Funding, LLC, 3301 Quantum Boulevard, Boynton Beach, FL 33426. 3. The Payee, Jermayne M. Webber a/k/a Jermayne Webber (hereinafter "Payee") is an adult individual of full age and who resides at 211 Academic Way, Shippensburg, PA 17257- 2168 in Cumberland County, Commonwealth of Pennsylvania. 4. This Court has venue pursuant to the Structured Settlement Protection Act, because the Payee is domiciled in Cumberland County, Pennsylvania. 5. Jermayne M. Webber a/k/a Jermayne Webber suffered personal injuries and, as a result, he receives annuity payments as follows: 48 monthly payments each in the amount of $434.00 commencing on May 3, 2011 through and including April 3, 2015; 120 monthly payments each in the amount of $850.00 commencing on May 3, 2015 through and including April 3, 2025; and 120 monthly payments each in the amount of $2,000.00 commencing on May 3, 2025 through and including April 3, 2035 (the "Periodic Payments") 6. The Annuity Owner is Metlife Insurance Company of CT, Legal Department, One Metlife Plaza, 27-01 Queens Plaza North, Long Island City, NY 11101. 7. The Annuity Issuer is Metlife Insurance Company of CT, Legal Department, One Metlife Plaza, 27-01 Queens Plaza North, Long Island City, NY 111018. 8. On May 10, 2009, Jermayne M. Webber a/k/a Jermayne Webber executed an Absolute Assignment Agreement (the "Transfer Agreement") a true and correct copy is attached and incorporated herein as Exhibit "B" that provides for the assignment of the payments as follows: 120 monthly payments each in the amount of $850.00 commencing on May 3, 2015 through and including April 3, 2025 (the Assigned Payments). 9. The Petitioner has provided to the Payee a Disclosure Statement, a true and correct copy of which is attached hereto as Exhibit C, setting forth, inter alia, the amounts and due dates of the Structured Settlement Payments to be transferred as set forth in paragraph 8 herein above and in paragraph A of Exhibit C. 10. The net amount payable to the Payee after deduction of all commissions, fees, costs, expenses, and charges is $13,244.08 minus any advances made to Payee against the amount payable to Payee. 11. Based on the net amount that the payee will receive from this transaction $13,244.08, the amounts and timing of the structured settlement payments that would be assigned, the payee is, in effect, paying interest at a rate of 21.94% per year. 12. After due consideration, the Payee is satisfied that the transfer is in his best interests for the reasons set forth in the Affidavit attached hereto as Exhibit D and incorporated herein by reference. 13. The Payee has received the notice required by 40 P.S. §4003(b) as evidenced by Exhibit F hereto. 14. The Payee has given the notice required by 40 P.S. §4003(a)(6) as evidenced by Exhibit G hereto. 15. Attached hereto as Exhibit H is the certification required by Pa. R.C.P. 229.2(d)(3)(iii). 16. Payee has executed a statement confirming that he has waived independent legal advice including considerations of any tax ramifications of the transfer. WHEREFORE, the Petitioner prays this Honorable Court to enter its Initial Order scheduling a hearing on this Petition. Respectfully submitted, Date: May 12, 2009 Attorney I.D. No. 74998 MARK THOMAS SOPHOCLEs, LLC 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Counsel for Settlement Funding, LLC MARK T. SOPHOCLES, ESQUIRE PA SUPREME COURT ID #74998 MARK THOMAS SOPHOCLES, LLC 21 Industrial Blvd., Suite 201 Paoli, PA 19301 Tel: (610) 651-0105 Fax: (610) 651-0106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA- CIVIL DIVISION IN RE: JERMAYNE M. WEBBER A/K/A JERMAYNE WEBBER PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS No. 09- NOTICE OF PROPOSED TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS TO: Metlife Insurance Company of CT Legal Department, One Metlife Plaza 27-01 Queens Plaza North Long Island City, NY 11101 (Settlement Obligor) Metlife Insurance Company of CT Legal Department, One Metlife Plaza 27-01 Queens Plaza North Long Island City, NY 11101 (Annuity Issuer) Settlement Funding, LLC 3301 Quantum Boulevard Boynton Beach, FL 33426 Attn: Court Order Group (Transferee) Jermayne M. Webber 211 Academic Way Shippensburg, PA 17257-2168 (Petitioner) You are hereby given notice that a petition to transfer structured settlement payment rights has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania. An Order has been issued by the court requiring that responses or objections of the transferee, structured settlement obligor or the annuity issuer, be brought before the court either in writing or in person at a hearing set (on or after June 5, 2009) for , at AM/PM in Courtroom , before the Honorable . (A copy of the Scheduling Order dated 2009, is included with this notice). You are entitled to support, oppose or otherwise respond to the payee's petition, either in person or by counsel, by filing written comments with the court prior to the hearing or by attending the hearing. Provided with this notice is a copy of the Petition to Transfer Structured Settlement Payment Rights, including as attachments thereto a copy of the Transfer Agreement, and a copy of the Transfer Disclosure Statement required by 40 P.S. § 4003 (2). Pursuant to 40 P.S. § 4003 (6), notice of the transferee's name, address and taxpayer identification number are as follows: Settlement Funding, LLC 3301 Quantum Boulevard Boynton Beach, FL 33426 (TIN: 58-2292928) Date: May 12, 2009 Mark Thomas SoliMcles, Esquire Attorney I.D. No. 74998 MARK THOMAS SOPHOCLES, LLC 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Counsel for Settlement Funding, LLC Mark Thomas Sophocles, Esquire PA SUPREME COURT ID #74998 MARK THOMAS SOPHOCLES, LLC 21 Industrial Blvd., Suite 201 Paoli, PA 19301 Tel: (610) 651-0105 Fax: (610) 651-0106 Counsel for Settlement Funding, LLC IN RE: JERMAYNE M. WEBBER : IN THE COURT OF COMMON PLEAS A/K/A JERMAYNE WEBBER : CUMBERLAND COUNTY, : PENNSYLVANIA : DOCKET# 09- PRAECIPE FOR HEARING TO THE PROTHONOTARY: Kindly schedule the hearing on the petition filed in the above-captioned matter. Respectfully submitted, Date: Mav 12, 2009 Mark Thomas SopYocles, Esquire Attorney I.D. No. 74998 MARK THOMAS SOPHOCLES, LLC 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Counsel for Settlement Funding, LLC CERTIFICATE OF SERVICE I, Mark T. Sophocles, hereby certify that a true and correct copy of this Petition to Transfer Structured Settlement Payment Rights and Exhibits via Certified Mail Return Receipt Requested and Federal Express upon the persons and entities, and at the addresses listed above, this 12th day of May 2009. TO: Metlife Insurance Company of CT Legal Department, One Metlife Plaza 27-01 Queens Plaza North Long Island City, NY 11101 (Settlement Obligor) Metlife Insurance Company of CT Legal Department, One Metlife Plaza 27-01 Queens Plaza North Long Island City, NY 11101 (Annuity Issuer) Settlement Funding, LLC 3301 Quantum Boulevard Boynton Beach, FL 33426 Attn: Court Order Group (Transferee) Date: May 12, 2009 Jermayne M. Webber 211 Academic Way Shippensburg, PA 17257-2168 (Petitioner) Attorney I.D. No. 74998 MARK THOMAS SOPHOCLEs, LLC 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Counsel for 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.A. §4904 relating to unsworn falsification to authorities. f? DATE: May ?Z, 2009 RT MOODY VERIFICATION AND CERTIFICATION I, Mark Sophocles, Esquire as authorized outside counsel for Settlement Funding, LLC verify that the statements made in this Petition are true and correct and to the best of my knowledge, information and belief, formed after reasonable inquiry, that the transfer will comply with the requirements of the Act and will not contravene any other applicable federal or state statute or regulation or the order of any court or administrative authority. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: May 12, 2009 Paoli, PA 19301 Counsel for Settlement Funding, LLC Attorney I.D. No. 74998 MARK THOMAS SOPHOCLEs, LLC 21 Industrial Boulevard, Suite 201 Mark Thomas Sophocles, Esquire PA SUPREME COURT ID #74998 MARK THOMAS SOPHOCLES, LLC 21 Industrial Blvd., Suite 201 Paoli, PA 19301 Tel: (610) 651-0105 Fax: (610) 651-0106 Counsel for Settlement Funding, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA- CIVIL DIVISION IN RE: JERMAYNE M. WEBBER A/K/A JERMAYNE WEBBER PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL DOCKET: 2009- FINAL ORDER OF COURT 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, Jermayne M. Webber a/k/a Jermayne Webber, has established that the transfer is in the best interests of the payee or his dependents, taking into account the welfare and support of his 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 applicable federal or state statute or regulation, or the order of any court or administrative authority; (3) The transfer complies with the remaining requirements of the Structured Settlement Protection Act, including Sections 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6); (4) The payments that are to be transferred are designated as follows: 120 monthly payments each in the amount of $850.00 commencing on May 3, 2015 through and including April 3, 2025 (the Assigned Payments). (5) The terms of this order shall survive the death of the payee and shall be binding on the payee's heirs, beneficiaries and assigns; (6) The payee shall receive from the transferee the gross amount of $13,244.08 (7) The Annuity Owner is Metlife Insurance Company of CT and the Annuity Issuer is Metlife Insurance Company of CT, Legal Department, One Metlife Plaza 27-01 Queens Plaza North Long Island City, NY 11101. The Annuity Owner and Annuity Issuer shall send 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. BY THE COURT: J. 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 misunderstanding 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 US 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, the 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 structure 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 transfer is in the best interest of the payee. MAY-10-2009 11:15 FROM:WILLIAM TAYLOR 7177899955 TO:18006007161 Veriflcadon I verify that the statements made in this affidavit are true and donut. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to Mworn falsification to authorities. P.8 n?rE:QS'";1U ?C? ermayne M. Webber a/k/a Jemayne Webber MAY-10-2809 11:13 FROM:WILLIAM TAYLOR 7177899955 TO: 18006W7161 P.2 ABSOLUTE AS9lG msw AGRBB SNT (TH "AGRE@aIENV I May 10, 2000 I, .lenmayns M. Webber, (111", "lute" or "Assignor") residing at 211 Academia Way $Nppend urg, PA 17257-2168 am entitled to 46 nhonthly payments each In the amount of $434.00 commencing on May 3, 2011 through and including April 3, 2015; 120 monthly payments each In the amount of $850.00 commencing on May 3, 2015 through and including April 3. 2025 and 120 monthly payments each In the amount of $2,000.00 corhmenc i g on May 3, 2025 through and Including April 3, 2035 (the "Periodic Payments") on account of the settlement of a can personal ir4ury claim, the settlement of which is memorialized in that certain settlement agreement dated $eptember 24, 2001(1 he "Settlement Agreement'). The Periodic Payments are due to me from Madife Insurance Company at CT (the "Settlement Obligor") under the terms of the Saitlement Agreement and are being funded by an annuity Issued by W E% Insurance Company of CT (the "Annuity Issuer") bearing annuity contract number 344308AGS"100000026178. A. I hereby sell, assign and convey to Settlement Funding, L.L.C. (the "Assignee") and its assigns through an assignment all of my rights to and interest In and to the following payments due or to become due under the Settlement Agreement: 120 mordhly payments each In the amount of $8S0.00 commencing on May 3, 2015 through and including April 3, 202.6 (the "Assigned Payments"); and In consideration for this assignment, Assignee shall pay to me the sum of: $15,444~08 (the "Assignment Prime"). B. 1 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 I am assigning hereunder. 2. 1 am not indebted to anyone that woad effect 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 shah be considered an event of default by me under this Absolute Assignment Agreement: 1. The representations set forth In Paragraphs 51 and B 2 above are at any time not true. 2. i=allure by me to perform the promise set forth in Paragraph 0 3 above. 3. Failure by the Settlement Obligor or the Annuity Issuer to make any one or more of the Assigned Payments as a result of any act by me, my estate or any of my heirs. 4. Failure by the Settlement Obligor or Annuity Issuer to forward one or more Assigned Payments to Assignee as a result of any act by me, my estate or any of my heirs. 5. Failure by me to forward promptly to Assignee any Assigned Payment received by me from the Settlement Obligor or the Annuity Issuer. 6. Failure by me to AM 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 whistled, In its sole discretion, that there are no claims or interests of any kind or nature whatsoever that do or may aifed Assignee's rights to or interest in the A signed 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 Annulty Issuer satisfactory to Assignee M its sole discretion (such court order or admawledgement together are hereinafter referred to as the "Order"), authorizing the transfer by assignment of the Assigned Payments (which may continue to be made out to my name) to Assignee, and directing that the Periodic Payments due on or after the day of the Order be forwarded, or authorizing the forwarding of the Periodic Payments, directly to Assignee. 3. Assignee shall have received final financing approval from applicable funding source(s). MAY-10-2009 11:13 FROM:WILLIA11 TAYLOR 7177999955 T0:18006007161 P.3 E. Under this Agreement and only to the extent permitted by law Assignee and I Intend to create a SscaxRY interest under Art io 9 of the Uniform Commercial Code of the gists 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 Paregraph F below. This Agreement shalt also function as a security agreement. This security Interest secures payment of the rights assigned and performance of my obligations under Paragraph 8 above. Assignee may direct any eocount debtor, obligor on an Instrument, including, without Imitation, the Settlement Obligor or Annuity Issuer, to make periodic payments directly to Assignee as contemplated by the Uniform Commercial Code. Assignee may go a UCC-f financing statement to perfect Its rights hereunder. Interpreted inn accordanncee With the el low o by applicable state resid statutory low, this Agemnt shelf be governed by and 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, shelf be settled by binding arbitration administered by the American Arbitration Assocatiom The demand for arbitration shall be flied in writing with the other party to this Agreement and with the American Arbitration Association offices in your state of residence. The 8rbitratton 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 Arbltrattion Association in effect at the time that the demand for arbitration is filed- Discovery, specitieihr including Interrogatories. production of documents and depositions shall be at the discretion of the arbitrator and to the extent permitted she# 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 inNitution of lsgai or equitable proceedings based on such dakn, 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 speoMo reference to this Agreement and signed by the entity sought to be joined. Consent to arbitration Involving an addtlfOral person or entity shall not constitute consent to arbitration of any deim, dispute or other matter in question not described in the written consent or with a person or an* 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 taw In any court having jurisdiction thereof: The award rendered by the arbitrator shall to foal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Such arbitrator shelf 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 brim 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 t 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 Imitation, the power to endorse chedts, draft or other Instruments, the power to after, edit and change payment Instructlorm and/or beneftlery designations and any other act which, in the sole discretion of Assignee as my Attorney-fn-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 Na Agreement regarding the payments to be assigned shall be deemed to be adjusted accordingly. In the event MAY-10-2009 11:13 FROM:WILLIAM TAYLOR 7177899955 TO: 18096007161 P.4 Assignee receives or otherwise comes into possession of any of the Periodic Payment(s) or portldrn(s) thereof which are not hx*xled In the payments being absolutely assigned to Assignee hereunder, Assignee shag kwmrd such amount(s) to me at the address set forth above within seven (7) days of receipt of such amount(s). 1. Assignee shall be entitled to discharge any adverse daims against Assignor or any of the Assigned Payments whether or not such adverse dsime are disclosed. Assignee may, provided Assignee furnishes prior written notice to Assignor, pay any and all amounts necessary or. It the Assignment Prim hoe been deposited into an escrow account, instruct the escrow agent to pay any and all amourits necessary to discharge such brrs or other adverse claims, end the Assignment Price shag be reduced by the amount of any such psyme L Adverse claims may include disclosed ernounts to be deducted by Assignee from the Assignment Price to pay Assignee, as servkxr for Peachtree Finance Company, LLC, to enable Assignor to obtain Peachtree Finance Company, LLVs release of its encumbrance on a portion of the Assigned Payments, which portion of Assigned Pats relate to prior transfer transaotion(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, t hereby request Assignee to pay me a portion of the Assignment Prim as soon as possible after the court order is granted and authorize Assignee to hold in escrow an amount It deems necessary or advisable h m the Assignment Price (the "Esorow Amount"} until all oondHions precedent have been satisfied, Including, without limitation, the receipt by Assignee of the Settlement 0b%or and ft Annuity issuer's acknowledgment of the terms of the court order in writing and their agreement to honor and comply with same. At such time or earlier as Assignee may detwolne, 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 materiel part of this Agreement and shall be read In pars materla herewith. In witness whereof 1 hereunto set my hand. I „r,,,,_.,/ STATE OF Mmayne M. Webber COUNTY OR CITY OF ,(f!9 ??'? On the ?D day of,_ _,,. ,_• In the year before me, the undersigned, personally appeared Jennayne M. Webber, personally known to me or proved to me on the basis of satiafectory evidence to be the Individual(s) whose nrxne(s) Is (are) subscribed to the within instrument, and acknowledged to me that tWshe/thay executed the some in hislherltheir cape ty(les), and that by hisfierNtal signature(s) on the Instrument, the Individual(s), or the person upon behalf of which the Individual(s) acted, executed the instrument. •e% My Commission expires on Accepted: air Set ment F d ! l .L.C. r? Dace PT;,iiaA E DO NOT SIGN TKIS DOCUMEN'T' UNTIL, 05110/2M Nar4 wru.raM R TAYLOR NOW PLM SPRING Twp MRr eouNh My c=Mk ion rut **$ don 27.201 o MAY--10-2099 11:14 FROM:WILLIAM TAYLOR 7177899355 TO:18006007161 P.5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PE'1'1TI014 OF SETTLEMENT FUNDING LLC A& PEACHTREE ) sETrLEMENT FUNDING TO ) No• TRANSFER STRUCTURED } SETTLEMENT PAYMENT RIC3KS ) Payee's Affidavit in Support of Petition to Transfer Structured Settlement Rights I, Jermayne M. Webber elide Jeamyne Webber, the payees, verify that the statements below are true and correct: 1. Payee's name, address and age: Jermayne M. Webber aWa Ja myne Webber, residing at 211 Academia Way, Shippmsburg, PA 17257.2168 and I am 19 years old 2. Marital Status: X NeverMarried; Married; separated; Divorced if married or separated, name of spouse: 3. Minor children and other dependents: No cWdren. Names, ages, and places of residence: 4. Income: (a) Payee's monthly income and sources: I am currently employed at Red Robbins Restaurant where I earn $900.00 a month. In addition, I will begin to receive structured settlement payments of $2,000.00 per month starting on May 3, 2025 through April 3, 2035. MAY-10-2009 11:14 FROM:WILLIAM TAYLOR 7177899955 TO, 18006007161 P.6 (b) If presently married, spouse's monthly income and sow"' N/A- Child support, alimony or alimony pendants lits: Obligation to pay: _ Yes - &-No if yes, state the amount of the obligation, to whom payable, and whether there are arraarages: 6. Previous transfers: Have you previously filed a petition to transfer payment rights under the structured settlement that is the subject of this petition? „Lyes...._ No if yes, far 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: in the court of Cominon Pleas of Cumberland County, Pennsylvania, IN RE: dermayne M. Webber, Petition to Transfer 3truchued Settlement Payment Rights, Civil Docket # 2008-7477. The transfer was approved. (b) If the transfer was approved, (1) State the name of the transferee and Identify (listing due dates and payment amount(s), the payments involved in the transfer: The transferee was Settlement Funding, LLC, and the payments involved were 48 monthly payments each in the amount of $434.00 commencing May 3, 2011 through mid including Apr113, 201 5. MAY-10-2009 11:14 FROM:WILLIAM TAYLOR 7177899955 TO: 18006007161 P.7 (li) State the amount of money and the manner in which the money was used: I received approximately $7,000.00, which I used to lease an apartment. (c) Have you ever Ww&rred payments without court approval? NO. If so, please explain: 7. Reasons for transfer. Describe in detail your reasons for the proposed transfer, including an explanation as to why a sale of a lesser amount of the structured settlement will not better serve your interests: I plan to use the entire proceeds of approximately $13,000.00 to retain a lawyer for a legal matter in which I am involved. A sale of a lesser amount will not allow me to afford this expense. Payment of debts: If you seek the transfer in order to pair debts, list each debt, including the name of the creditor and the amount presently owed: N/A. Debt Creditor Amount owed $ MAY-10-2009 11:18 FROM:WILLIAM TAYLOR 7177899955 TO:18006007161 P.23 PENNSYI..VANIA TRANSFER DISCLOSURE Payee: Jermayne M. Webber; resident of: PA A. Amounts and due dates of the structured settlement payments to be transferred: 120 monthly payments each in the amount of $850.00 commencing on May % 2015 through and including April 3, 2025. B. Aggregate amount of such payments: $102,000.00 C. (1) Discounted present value of such payments: $78,548.87 (2) The discount rate used In determining such discounted present value: 2.40 percent as of May 4, 2008. D. Gross amount payable to the Payee in exchange for such payments: $15,444.08 E. Itemized listing of all brokers' commissions, service charges, application or processing fees, closing costs, filing or administrative charges, legal fees, notary fees and other commissions, fees, costs, expenses and charges payable by the Payee or deductible from the gross amount otherwise payable to the Payee: Legal Fees: $2,000.00; Processing Fee: $200.00. F. Net amount payable to Payee after deduction of all commissions, fees, costs, expenses and charges described above: $13,244.03 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: 10.86%. N. 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 MAY-10-2009 11:18 FROM:WILLIAM TAYLOR 7177899955 70:18006007161 P.24 1. Payee acknowledges receipt of, and acknowledges to have read and understood, the above disclosure statement and information required to be d d by Payee's applicable state statute(s). Initla By signing below you are confirming that you received a copy of this disclosure at least 10 days prior to executing your transfer agreement. rmay a M. Webber Date MRY-10-2009 11:19 FROM:WILLIAM TAYLOR 7177899955 M:18096507161 P.25 NOTICE (PAl Payee: Jermayne M. Webber IMPORTANT NOTICE: You are strongly urged to consult with an attorney who can advise you of the potential tax consequences of this transaction. I acknowledge receipt of the above notice. By signing below you are confirming that you received a copy of this notice at least 10 days prior to executing your transfer agreement. Jermayne M. Webber os/ 0-m Date MAY-10-2009 11:19 FROM:WILLIAM TAYLOR 7177899955 70:18006007161 P.26 ACKNOWLEDGEMENT (PA) Payee: Jermayne M. Webber (Please initial the following statement) I expressly waive Independent legal advice regarding the implications of the transfer, Including considerations of the tax ramiticagone of the transfer. dais) Jermayne M. Webber Date MAY-10-2009 11:19 FROM:WILLIA31 TAYLOR 7177899955 M:1800600716l P.27 CONNECTICUT TRANSFER DISCLOSURE Payee: Jennayne M. Webber; resident of: PA A. Amount and due dates of the structured settlement payments to be transferred: 120 monthly payments each in the amount of $850.00 commencing on May 3, 2015 through and Including April 3, 2025. B. Aggregate amount of the payments: $102,000.00 C. Discounted present value of the payments: $78,548.87; 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 2.40% as of May 4, 2009. D. Gross advance amount: $15,444.08 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 beat estimate of the amount of any of those fees and disbursements: Processing Fee: $200.00. F. Estimate of the amount of attorney's fees: $2,000.00 C. Net advance amount: $13,244.08 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. MAY-10-2009 11:19 FROM:WILLIAM TAYLOR 7177899955 TO., 18006007161 P.28 K. Payee acknowledges receipt of, and acknowledges to have read and understood, the above disclosure statement and information required to be sed by Payee's applicable state statute(s). Initiats• By signing below you are confirming that you received a copy of this disclosure at least 3 days prior to executing your transfer agreement. Jermayne M. Webber 10-57 /0&:R Date MAY-10-2009 11:16 FROM:WILLIAM TAYLOR 7177899955 TO: 18096007161 P.12 DISCLOSURE AFFIDAVIT I, Jermayne M. Webber, being of full age and duly sworn according to taw, upon my oath depose and say: 1- I currently reside at 211 Academic Way, Shippensburg, PA 17267-2168. 2. 1 am over the age of (18) years old and am I make this affidavit upon my own personal knowledge. 3. 1 received all of the statutorily required Disclosures on 0510112009, by E-mail, at the following e-mail address: lermeynewebber@hotmall.com Further, the affldevit sayeth not. ermayne M. Webber , 0-02 Date STATE OF ?1,I/SyLL_ A?fJ//Qr COUNTY OR CITY OF On the day of in the yeepW? before me, the undersigned, personally appeared Jertnayne M. Webber, 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/shelthey executed the same in Father/their capacky(les), and that by hie/her/their signature(s) on the Instrument, the Individuaks), or the person upon behaff of which the Individual(s) acted, executed the Novi M WK" R TAYLOR ?N PubMc Von TWR MARY Comm my ca nmwm expw ion 27, 2010 Not ?- My Commission expires on IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT, PENNSYLVANIA-FRANKLIN COUNTY BRANCP Jermayne Mollo Webber, CIVIL ACTION by his parents and natural guardians, Kevin G. Webber s and Tammy L. Webber, No. 2001-2986 Plaintiff Judge: ----w VS. Donald F. Pratt, a a: Defendant v .D The Petition of Kevin G. Webber and Tammy L. Webber, his wife, parents and natural guardians of Jermayne Mollo Webber, respectfully represents: 1. Kevin G. Webber and Tammy L. Webber, his wife, are the parents and natural guardians of Jermayne Mollo Webber, a minor, having a date of bir_h of May 3, 1990. 2. The minor plaintiff resides with petitioners in the Borough n°. Shippensbuzg, Franklin County, Pennsylvania, his post office address being 400 Lurgan Avenue, in said Houough. 3. On January 19, 1997, the minor plaintiff was involved in an accident in which he sustained a fracture of his right femur, abrasions of his forehead, a hematoma on his upper lip, bilateral lamina pacyracea fractures, fracture of the right frontal bo;e of his nose, bilateral, orbital roof fractures and bilateral cribiforrr. plate fractures. 4. At the time of the accident, the minor plaintiff was attempting to cross Pennsylvania Route 11 when he was struck by a vehicle operated by the defendant. 3 5. Following the happening of the incident referred to above, Petitioners retained, as counsel, the law firm of Black and Davison to investigate the incident, prepare the damage aspects of T-119 claim, and present the claim to defendant's insurance carrier. Marked as Exhibit "A", and attached hereto, is a true and cortect copy of the contingent fee agreement with the law firm of Stack ano Davison. 6. After retention, the law firm of Black and Davison obtained and analyzed the appropriate incident reports, medical and hospitat reports, and consulted with an accident reconstruction expert who, along with counsel, conducted an on-sight inspection of the accident scene and interviewed witnesses to the accident. Counsel for petitioners also investigated the availability of liability end underinsured motorist coverage to determine whether there was applicable insurance against which a claim could be made by petitioners on behalf of their son. 7. As a result of the aforementioned i.nvestigat.ion, counsel determined that petitioners had a viable claim against the defendant in the above-captioned matter and entered into negotiations with Nationwide Insurance Company, defendant's insurance carrier, for the purpose of obtaining fair and reasonable compensation fox the minor plaintiff. 8. As a result of said negotiations, Nationwide insurance Companv offered the sum of fifty thousand ($50,000.00) dollars in settlement of petitioners' claim against the defendant, said su:n representing the full liability policy limits of defendant's policy. 9. On September 24, 2001, your Honorable Court entered an order approving the settlement of the liability claims. Marked as Exhibit "B" and attached hereto is a true and correct copy o_ said Ordex of Court. 10. Concurrently with the negotiations with Nationwide Insurance Company, counsel for petitioners entered into negotiations Witt, Travelers Property and Casualty Company which provided underinsured motorists covexage for Patricia Cashill, the mtzor platnt.ff's former foster parent. 11. At the time of the accident, Patricia Cashill maintaLned underinsured motorist coverage pursuant to her automobile insurance policy no. OJK748-032677175-3x1 issued by Travelers, which policy had split underinsured motorist benefits of $100,000/$300,00n. Marked as Exhi.b?t "C" is a true and correct copy of the coverages provided to Patricia Cashill by Travelers. 12. As a result of the aforementioned negotiations, Travelers has offered the sun of one hundred thousand ($100,000.00) dollars in settlement of petitioners' underinsured motorist clam, said amoure representing the full underinsured motorist policy limits of the American policy. l3. Travelers has certified that Patricia Cashill has no other automobile or umbrella coverage th-wough Travelers which might provide a source of underinsured motorists benefits to the minor ulaintiif. Marked as Exhibit "Dn is a true and correct copy cf correspondence, dated October 31, 2001, containing said certification. 14. Counsel for petitioners has conducted an invest2gation !n an effort to locate other coverage, which search has failed to reveal the existence of any other UIM coverage as evidenced by Exhibit "E" attached hereto. 15. Counsel for petitioners is of the opinion that the proposed settlement is fair and reasonable in light of the fact the: Travelers has offered its underinsured motorists policy limits and no other underinsured motorist coverage is available. 16. All debts and obligations arising out of the acc=den:, including, but not necessarily limited to reimbursement of cash and medical assistance have been paid or provided for, and there are no liens against the settlement proceeds. '7, 11. Subject to your Honorable Court's approval, B:atk and Devisor has agreed to counsel fees of twenty-five thousand ($25,000.00) dollars for the prosecution of the above-referenced underinsured motorist claim, said amount representing 25% of the gross recovery. 16. Counsel for petitioners has incurred expenses wh»ch a m itemized on Exhibit "F", attached hereto, for which reimbursement is sought. 19. From the proposed one hundred thousand ($100,00o.00) dol:.ars settlement, it is proposed that the following deductions be made: Counsel Fees (25%) $ 25,000.00 Out-of-Pocket Expenses 300.00 Reimbursement of Pa Dept of Public Welfare Lien S 963.21 Total $ 26,263.23 20. Petitioners aver that this settlement, after payment of counsel fees, expanses, and reimbursement to the Commonwealth, -a to be used for the purchase of a Structured Settlement Annuity. Marked as Exhibit "G", and attached hereto is a schedule o! periodic payments provided for under said structured settlement annuity to be issued by Travelers Life Insurance Company, a 1:,;:o insurance company having an "AW credit rating by A.M. seat. Marked as Exhibit "H" is a Best's Rating Report on Travelers Life Insurance Company. 21. ' The cost of the structured settlement annuity referred to above is one hundred and two thousand, seven hundred and eighty I _., ($102,780-00) dollars. Marked as Exhibit ..,. and attached here to is an evaluation of the proposed structured settlement pezfotmed by Legal Economic Evaluations, Inc. attesting to the cost of the proposed structured settlement annuity. WHEREFORE, petitioners request that: (1) That they be permitted to enter into tre settlement recited above; J l (2) That the net settlement proceeds be invested 3n a structuged settlement annuity as described in the attached Exhibit "G". (3) That they be authorized to execute an underinsured motorist release ir favor of rravelers, and (4) That an order of distribution of the proceeds from the J,nstant settlement be entered as follows: TO: Black and Davison, attorneys' fees . . . . . . . S 25,300.03 TO: Black and Davison., reimbursement of out-of-pocket expenses . . . . . . . . . . . $ 300.00 TO: Reimbursement of medical assistance . . . . . . S 963,21 TO: Purchase of structured settlement annuity .. . . $ 73,736.73 TOTAL . . . . . . . $100,003.0c Respectfully Submitted, 0, peat eove, Esc. een Street 13 C.hambersburg, PA 17201 (717) 264-5194 I.D. Ito. 09837 OF COUNSEL: SLACK AND DAvISON 92 West Queen Street Chambersburg, PA 17201 Date: November g,_, 2001 3 VI RIFICA7TI I, Tammy L. Webber, have read the foregoing ?etition for Approval of Minor Plaintiff's Compxomise and Settlement of Jndexinsured Motorist Claim and Distxibution of Proceeds which has been drafted by my counsel. The factual statements and/or denia:s contained therein are true and correct to the best of my knowledge, information and belief. T am authorized to make this Verificazion. This Verification is made only as to the factual averments contained therein and not to regal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This Verification is made subject to the penalties of 18 pa. C.3., Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. . tLhi2 X LUL G-t. T Tammy L. ebber Date: November 2L_, 2001 J IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT, PENNSYLVANIA-FRANKLIN COUNTY BRANCH CIVIL ACTION No. 2001-2986 Judge: VS. ?, Donald F.. Pratt, ev Mp Defendant .gyp 1? -C-C NOW, this _ day of Atwmu.,&? , 2001, upor, consideration of the within Petition, it is hereby ORDERED, Jermayre Mollo Webber, by his parents and natural guardians, Kevin G. Webber and Tammy L. Webber, Plaintiff ADJUDGED AND DECREED that the settlement of the underinsured motorist claims of Kevin G. Webber and Tammy L. Webber, as parents and natural guardians of Jermayne Mollo Webber, a minor, against Travelers Property and Casualty Company should be and the same are hereby approved. Distribution of the gross proceeds of one hundred thousand ($100,000.00) dollars shall be as follows: TO: Black and Davison, attorneys' fees (25%) . . . . $ 25,000.00 TO: Black and Davison, reimbursement of out-of-pocket expenses . . . . . . . . . . . $ 300.0;; TO: Reimbursement of medical assistance . . . . . . $ 963." TO: Purchase of structured settlement annuity . . . $ 73,236.29 TOTAL . . . . . . . . . . . . . . . . . . . . . $100,000-00 The sum of $73,736.79 referenced above shall be invested wi.kr Travelers Life Insurance Company, an A++ rated life insurance company, in a structured settlement annuity paying at 3east the BLACK AND DAVISON .., Attorneys-at-Lav 92 West Queen Street P. 0. BOX 513 Chanbersburg, PA 17201-OS13 Robert G. Schollaert (717) 264-5194 Jan 0. Sulcove Jermayne M. Webber BILLING DATE 08-31-02 400 Lurgan Avenue Shippensburg, PA 17257 ACCFT NO. JaS16361.00 RE: B.I. DATE EXPENSES 04-20-01 Carlisle Police Dept - accident report 015.00 05-03-01 Middlesex Township Police - report $15.00 05-17-01 Recordex - medical records $67.96 06-18-01 WIlmal's Photography - photos $79.50 07-26-01 Sollenberger's - registration info $19.00 09-30-01 Prothonotary - filing fee $50.50 TOTAL FOR THE ABOVE EXPENSES $246.96 TOTAL FOR CURRENT PERIOD $246.96 PREVIOUS BALANCE $0.00 TOTAL $246.96 TOTAL PAYMENTS $0.00 AMOUNT DUE $246.96 Please write the above account number on your chock and make your check payable to black and Davison **THM YOU** s IN THE COURT OF COMMON PLEAS Or THE 39TH JUDICIAL DISTRICT, PENNSYLVANIA-FRANKLIN COUNT`; BRANCH Jermayne Mollo Webber, CIVIL ACTION by his parents and natural guardians, Kevin G. Webber and Tammy L. Webber, 2001-2996 v .n Plaintiff Nudge: C ?-°r- -< 91?= -o r'. VS. N ~i Donald F. Pratt, Defendant C, a, I NOW, this 2 day of 2041, upon c;onsideraLior of the within Petition, it is hereby ORDERED, ADJUDGED AVD DECREED that the settlement of the claims of Kevin G. Webber and Tammy L, Webber, as parents and natural guardians of ;ermayne Mollo Webber, a minor, against Donald ?. Pratt, should be and the same are her b} approved. Diatrtbution of the gross proceeds of fifty thousand ($50,000.00) dollars shall be as follows: TO: Kevin G. Webber and Tammy L. $37,253.04 Webber, parents and natural guardians of Jermayne Mollo Webber TO: Black and Davison - reimbursement $ 246.96 of out-of-pocket expenses TO: Black and Davison - attorneys fees $12.500.00 (251) Total $50,000.00 The foregoing sum of $37,253.04 shall be deposited in to federally-insured separate account for the benefit of Jerrayne Mollo Webber, and no withdrawal shall be made from said account i o OrE coDR 11 _, t I IN THE COURT OF COMMON PLEAS OF THE 39TH I JGDrant DISTRICT, PENNSYLVANIA- FRAN_CLIN COUNTY BRANCH Jexmayne Mollo Nebber, CIVIL ACTION by his parents and natural guardians, Kevin G. Webber and Tammy L. Webber, 2001-2986 Plaintiff Judge: vs. Donald F. Pratt, , Defendant until Je=mayne Mollo Webber attains majority, except as authorizes by further Order of Court. Petitioners are authorized to execute and deliver ali ' necessary documents to effectuate the said settlement as set forth in the within Petition. Petitioners are ordered and directed to submit to the Cour: written verification of the establishment of a federal ly-insuzed depository account for the benefit of Jermayne Mollo Webber. BY THE COURT, J gld L J. 4, ene sS -'- i T IN THE COURT OF C0144ON PLEAS OF THE 39TH JUMIAL DISTRICT, PUNiSYLVPrNIA-MMKLIN COWTY BRANCH' Jermayne No?to Webber, CIVIL aCTrON by ?_s parents and natural 1 t guardians, Kevin G. Webber' 2Q01- and Tammy 1. Webber, Plaintiffs Judge:.. i vs . Donald P. Pratt, Defendant j ONNM or NOW this 11 day of September, 2C01, the witz.in. Petition having been aresentod read, considered, and ordered to be fi;- the Z A-* day of PfFACe.E/ 2045, at 1--34 o'clock km. in =he Courtroom designated by the Franklin County Court Admin.,strator is hereby sett as the time and place for hear_ng art t:.he w trin Petition. ?s r 7AV MCI > T r j i I I do hereby retains Black- um bavisoa, of Chambersburg, Pennsylvania, as my attorneys to negotiate for me at settlement or to institute for me in my name any legal proceedings or actions that in their judgment are neces$Zry in conn tion with my claim for damages et' statinad o the III day of gee ?-, 101117 against and any other person, firm, corporation or entity -w may-Bi responsible for my claim, and/ox to obtain an amicable settlement. I hereby give to my attorneys a °Powesr of Attorney to execute: all documents connected with the claim for the proseenxtion of which the attorneys are retained, including pleadings, contracts, commercial paper, settlement agreements, Compromises sad raleame:s, verifications, dismissals, orders, settlement checks and all others domments that I could properly execute in, connection with this lawsuit. I agree not to settles or adjust the above claim or any proceedings arising from said claim :nor to discuss said claim with any other persons I agree to pay attorneys, fees from the total amount recovered from any source, except first party benefits (i.e. work ;loss and medical benefits); on account of my claim, including my claim for uninsured or underinsured motorist benefits, on the following balsis Settlement of third party tort claim prior to filing of legal action. Settlement of third party tort claim on or after filing of legal action. Settlement of uninsured or underinsured motorist claims prior to selection of my arbitrator. Settlement of uninsured or underinsured-motorist claims after selection of my arbitrator. 2s% -39 7`34 of total sum recovered 33,13 q -"4 of total sum recovered 2S9. a- #' of total suin recovered 33')3% -44D+ of total sum recovered Costs: Costs are to be paid from share of the total amount recovered and includes, but are not limxteed toss h?toeapiess, fax charges, notaries, long distance telephone charge,s, mileage for attorneys and staff, investigation chargee&$ photographs, court costs!, legal research, charges, medical records costs, fees for police report, deposition coasts, expert witneae fees, stenographer coets,and video deposition fees. In the event that no recovery is obtained on this `claim, the attorneys will make no charges for their time or services. However, any costs or expenses which the attorneys may have advanced on behalf of the claim must be paid by me: upon request by said at tornetys . As one possible settletttent option, I authorize the said attorneys to explore the possibility of a structured settlement through the use of deferred periodic payments. I agree that if m claim ie settled through such structure, the attorneys' fees may be paid directly to said attorneys from the insurance company, either in one lump sure payment at settlement, or, at the sole option o said attorneys and/oz' insurance company, deferred into future payments. However, in any event, said attorneys, fees shall be calculated in the percentage as met forth above based upon the: coat of the structured settlement or present value thereof in accordance with applicable: law. The undersigned authorize the tape recording of telephone conferences with ion G. sulcov?e or other employees of shack and Davison for purposes of record keeping., IN HITMMS WHSWBOP, I have hereunto not toy hand and seal this ,. day of? 2041. Witness: ,-.- (SEAL) ANL? NOW, this # day of 2001, the within Agreement Is appravee BLACK AND DAVISON By._ LTAW . Su cave page 2 of 2 Robert C. Schollaert BLACK AND IMVISON Attorneys-*tLast 83 West Queen Street P. Q. DOX 513 Chanbersbrurq, PA 17201-0513 (717) 264-5194 jar""* x. Webber 400 LAtrgan Avenue Shipponsburq, PA 17257 RE; B. Z. DATE EXPENSES Jan G. Sulcove? BILLING MATS 09-31-01 ACCT 94. JGS36361.00 04-20--01 carlisis Police Dept - accident report $15.00 05-03-01 Middlesex Township Police - report $15.00 05-17-01 Recordsx - medical records $67.46 06-18--01 Wilm's Photography - photos $79.50 07-25-01 Solloobargex's - registration info $19.80 08-30-02 Prothonotary tiling gee $50.50 TOTAL POR Tug ABOVE v(MSES TOTAL FOR CUMENT PJWOQ P'REVIOUS' BALANCE T'OT'AL TotAL PAYMMS. AMOUNT DUS $246.96 $346.96 $0.00. $246.96 $0.00 $246,.96. VIO&Gs vrite o ab4vc acaoxutt llumbor on y+0ur check and Make your check payable to black and Davison •*THAM YOU** 11 IN THE COURT OF COWSON PLEAS OT THE 39TH JUDICIAL DISTRICT, P9VKSYLVANIA-FPJWKLIN COMITY BRANCK Jermayne Mono Webber, by his parents and natural guardians, Kevin .C. Webber and Tammy L. Webber, Plaintiff' Vs. IDonald F. pr'att Defendant CIVIL ACTION t 2001-2386 Jraage ; ? '?? . ?,, LS. ° ems : lid oa' ?e?s NQW, this Y ,'day o: 2001, upor consWeration c_°. then, within Petition, it is hereby ORDERED, ADJUDGED AND DECREED .hat the settlement of the, claims of Kevin G. Webber and Tammy T., i Webber, as parents and :natural guardians of Jeemaynea Vollo Webber. a minor, against Donald F. Pratt, should be° 80d the esame are he.reht approved. aistr;buttcn of the gross proceeds of fifty 'thousand ($50,000.00) dollars shall be as follows: r TO; Kevin G. Webber and Tar.my $37,233.04 ' We3bber, parents and natural guardians of Jermayne3 M611o Webber TO: 81ack and Davison reimblxsement $ 246.96. of out-of-pocket expenses TO': Black end Davisor. attorneys fees 512,500.00: (25%) Total $50,000,.00 The foregoing suit of $37,253.04 shall be deposited in y fete'rally- insuured separate account for the benefit of Jermayn° Mollo Webber, and no withdrawal shall be _rade from said account. c ' A IN THE COURT OF CO MOM MAS, Op' T;$8 39T4 JUDICIAL DISTRICT. PENUSYLVANIA- NKI19 COUNTY BRANCH k JGr Mayne Mo11Q Webber, CIVIL ACTION I by his pa_ents and natural I f guardians, Kevin G. Webber No. 2001-2986 r and Tammy L. Webber, r Judges- Plaintiff .; t f, its . I i Oonald F Pratt, r Defendant oil NOW, thitC day of November, 2041, the within Egypt t -?r I?I i having been presented, read, considered, and ordered :,a he ` erg, ! the -M daffy of ^AA 2001, at 10 of clock, L;-M. ir. the 1 l Courtroom designated by the Franklin County Court Adw...tn?.str for i hereby suet a:a the time and place for hearing r. they wit,;;. +?JW T COU •? `' } J. I f Cz- i r b? j co C" w 1I 1 i op in. The Court of COMMON i of 39th Judioiai District - Pe wwyivania Fra?kiln Countlt Fite No2001 CIVIC. ACTION - LAW MKM SOLD MOLL iC ? TAM 4 V$ PRATT DONAW F ?' • ?+ w b p ORDER OF COUR1r NOW. April 07..`2000 the above-csp*wwd matter having come before the Prothonotary to determine the status. of the case by reason of inactivity that no statement of Intention to proceed has been filed. IT 19 ORDERED. that the case be terminated with prejudice for faiiurs to prosecute. By THE COURT, t ` e • - --r.r.. Unit L. Dowd; AVVWXMWY CC WOMA ?? LM PA 17201 Wig imp 01 rNE MOLLO a zN THE COURT OF COWON PLEAS OF THE 39TH JUDICIAL DISTRICT, PENNSYLVANIA-FRANKLIN COUNTY BRANCH JeMRaYn* M0110 Webber, b,Y his parents and natural guardians, Kevin G. Webber and Tammy I. Webber, Plaintiff vs . . Donald F. Pratt, Defendant CIVIL ACTION No. 2001-2'966 Judge: annuitp benefits specified or. 'Exhibit` "G", attached to the within Petition. Petitioners are authorized ti o: and deliver a:.' necessary instrutaenta to effefctusite the said compromise as ,se*_ forth in the, within Petition. Counsel for 'Petitioners is directed to transmit to the coor: fo. thwith a fully executed, true and correct copy of the Structured Settlement Agreement evidencing the above terins. BY THE CoUaT U Ixlvuuk wbV 49M PAX 610 634 3442, RINGM ASSOC Xhii?'Vt?UALLY S8Y`1t?+dBly'!' NA W& 1 PB txtm wga= per W-M& #or l0 yors Tctgd Cob $100 ®ov MAU -4$/03/90 9(&Z 20 '' (o IM001 r ,T?w?Y 2009 MAY 1 4 101' 3 0 & 0 1f v lw-? ff,e V- Mark Th mas Sophocles (PA ID #74998) MARK OMAS SOPHOCLES, LLC 21 Indus 'al Blvd., Suite 201 Paoli, PA 19301 Tel: (610) 651-0105 Fax: (610 651-0106 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA- CIVIL DIVISION IN RE: JERMAYNE M. WEBBER A/K/A JERMAYNE WEBBER PETITIO TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL D CKET # 2009- INITIAL ORDER OF COURT On s Ah& day of 2009, it is ordered that a hearing on this Petition to ransfer Structured Settlement Payment Rights will be held on , 2009 in co oomj?_ at/,.26'clock Aft/PM. 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. W. 18 209t ??-BUG ?j / r-/KnI BY THE COURT: ,? ,L J. co, > .u 4? g °y - ,,.,.5 y _1 M? t.i.. G: ?? C? ? c? g Mark T. Sophocles (PA ID #74998) MARK THOMAS SOPHOCLES, LLC 21 Industrial Blvd., Suite 201 Paoli, PA 19301 Tel: (610) 651-0105 Fax: (610) 651-0106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA- CIVIL DIVISION IN RE: JERMAYNE M. WEBBER PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS CIVIL DOCKET # 2009-03066 FINAL ORDER On this 4 day of June, 2009, it is ordered that the Petition to Transfer of Structured Settlement Payment Rights is granted. The court specifically fords that: (1) The payee, Jermayne M. Webber, has established that the transfer is in the best interests of the payee or his dependents, taking into account the welfare and support of his 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 applicable federal or state statute or regulation, or the order of any court or administrative authority; (3) The transfer complies with the remaining requirements of the Structured Settlement Protection Act, including Sections 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6); (4) The payments that are to be transferred are designated as follows: monthly payments each in the amount of $850.00 commencing on May 3, 2015 through and including April 3, 2025 (the "Assigned Payments"). ,t (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 the gross amount of $15,444.08 (7) Metlife Insurance Company of CT is both the Annuity Owner and the Annuity Issuer. Metlife Insurance Company of CT shall send the Assigned Payments, as each becomes due, to Settlement Funding, LLC at P.O. Box 116476, Atlanta, GA 30368-6476 or to such other address as designated by Settlement Funding, LLC. BY THE COURT: FILED-of ACE OF 7HE PI^?O NOTAPY 2009 JU-11-9 PPS 1: 56 cv ? t-,; i? ?a:?UNTY p tiSYLV?`; 1?A