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HomeMy WebLinkAbout09-7359MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of JG Wentworth NO: 0 q. 9 359 Originations, LLC and Rance Brownawell Jr. JOINT PETITION FOR PARTIAL TRANSFER OF STRUCTURED SETTLEMENT PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT. 40 P.S. 4000. ET SEO. TO THE HONORABLE JUDGES OF SAID COURT: And now comes your petitioner, JG Wentworth Originations, LLC, by and through its attorneys, Maro & Maro, P.C., and joint petitioner, Rance Brownawell Jr., and in accordance with the applicable rules of Pennsylvania Civil Procedure, hereby represents as follows: 1. Petitioner is JG Wentworth Originations, LLC ("Buyer" or Transferee"), with an office address located at 40 Morris Avenue, Bryn Mawr, Pennsylvania, 19010. 2. Joint Petitioner is, Rance Brownawell Jr. ("Payee"), an adult individual who resides at 231 Mt. Zion Rd., Carlisle, PA 17015. 3. This Joint Petition has been verified by the Transferee, JG Wentworth Originations, LLC. and the Petition includes all necessary information as prescribed by PA R.C.P. 229.2(d) et al and Section 3 of the Act, 40 P.S. §4001 et seq. 4. Pursuant to PA. R.C.P. No. 229.2(d)(3) there are four (4) attachments incorporated herein as follows: a. PA R.C.P. 229.2(d)(3)(i) Payee's Affidavit in Support of Petition. Please see Attachment/Exhibit "I"; and b. PA. R.C.P. 229.2(d)(3)(ii) An Initial Order of Court Scheduling Hearing; c. PA. R.C.P. 229.2(d)(3)(iii) A certification by Robert A. Maro, Esquire, attorney for transferee, JG Wentworth Originations, LLC; and d. PA. R.C.P. 229.2(d)(3)(iv) A Final Order of Court Granting he Petition. 5. Joint Petitioner, Rance Brownawell Jr., is the beneficiary of an annuity owned by Hartford Cebsco and issued by Hartford Life Insurance Company. The structured settlement provides payment to the petitioner as described on Attachment/Exhibit "2". 6. Joint Petitioner, Rance Brownawell Jr., after having the opportunity to have this matter reviewed by independent counsel of his own choosing including the implications of the transfer and any tax ramifications, expressly waived his right to independent counsel. A Copy of Joint petitioner's waiver is attached hereto, incorporated herein and marked Attachment/Exhibit "3". 7. Joint Petitioner, Rance Brownawell Jr., proposes to enter into a purchase agreement with J.G. Wentworth Originations, LLC., its nominees, successors, or assigns, whose address is 40 Morris Avenue, Bryn Mawr, Pennsylvania, 19010, who will purchase the following from Petitioner's structured settlement as follows: A) 1 payment of $20,000.00 on February 18, 2012 B) 1 payment of $25,000.00 on February 18, 2017 C) 1 payment of $37,546.42 on February 18, 2022 8. The structured settlement is currently owned by Hartford Cebsco and issued by Hartford Life Insurance Company, and the net amount in return payable to Rance Brownawell Jr. is $25,000.00 from Buyer. A copy of the Purchase Agreement, Exhibit "A' to the Purchase Agreement and Disclosure Statement is attached hereto, made apart hereof, and designated Attachment/Exhibit "4". 9. The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges is $25,000.00. 10. Based on the net amount that the payee will receive from this transaction $25,000.00 and the amounts and timing of the structured settlement payments that would be assigned, the payee is, in effect, paying interest at a rate of 18.57% per year. 11. The Buyer furnished Rance Brownawell Jr. with a Disclosure Statement pursuant to 40 P. S. 4003 See Attachment/Exhibit 114") at least ten (10) days prior to the date on which Rance Brownawell Jr. first incurred any obligation to the Buyer. 12. PA R.C.P. 229.2(b) requires the petition to be filed in the county in which the payee is domiciled See also Section 4 of the Act 40 P.S. §4004). PA.R.C.P. 229.2(c) also requires both the Transferee and Payee to be parties to the Joint Petition. Both requirements have been fulfilled herein. 13. Written notice of the Transferee's Names, address and taxpayer identification number has been given to the Annuity Issuer and Structured Settlement Obligor. A copy of the Notice to the structured settlement obligor is attached hereto as Attachment/Exhibit "5". Joint Petitioners wills also serve written notice as required by 40 P.S. 4004 upon all interested parties. 14. The Joint Petitioner's best interest would be served by granting the relief requested herein for the following reasons. Joint Petitioner is currently single and has three minor children, Ashley (11), Shelly (8) and Brandon (6). Joint petitioner has never transferred payments under his annuity in the past. Joint Petitioner is self employed and would like the money to assist with purchasing of supplies for his business and the initial set up cost involved therewith. Further, Joint Petitioner would like to use some of the money to purchase a wheelchair. Joint Petitioner feels that by investing in his business, it will certainly be more profitable and he can help better provide for his family. Based upon the foregoing which will be expanded upon at the time of trial, the transfer is clearly within the best interest of Petitioner and his family. 15. Prior to entering into any agreement to make a transfer under this act, the payee was provided with a written notice on a separate sheet that contains the following in bold print and at least 12 point type: IMPORTANT NOTICE: YOUR ARE STRONGLY URGED TO CONSULT WITH AN ATTORNEY WHO CAN ADVISE YOU OF THE POTENTIAL WHEREFORE, Joint Petitioner's respectfully requests this Honorable Court to enter the Initial Order attached to this petition which shall schedule a hearing so that Transferee and Payee shall have the opportunity to discuss the purpose and reasons for the transfer and after hearing thereon, respectfully request that this Honorable Court enter a Final Order approving the Transfer of Structured Settlement Payments Rights as is mentioned herein. By Artorney for i ransteree VERIFICATION I, Maureen Healy, Vice President of JG Wentworth Originations LLC, have read the foregoing Petition to Transfer Structured Settlement Payment Rights between 321 Henderson Receivables Origination LLC and Rance Brownawell, Jr. and hereby aver that the statements contained therein are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to the unsworn falsification to authorities. 453j??? Maureen Healy, VP I 'Q ! I? I a.©o? Date CERTIFICATION OF ATTORNEY FOR TRANSFEREE I, Robert A. Maro, Esquire, attorney for Transferee, J.G. Wentworth Originations, LLC, hereby certify to the best of my knowledge, information and belief, formed after reasonable inquiry, that the Transfer will comply with the requirements of the Act (40 P.S. § 4000 et seq.) and will not contravene any other applicable federal or state statute or regulation or the order of any court or administrative authority. I, Robert A. Maro, Esquire, attorney for Transferee, J.G. Wentworth Originations, LLC, hereby verify that the facts and statements set forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification of authorities. Date Robert A. a , squire Attorney for Transferee, J.G. Wentworth Originations, LLC MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of JG Wentworth NO: Originations, LLC and Rance Brownawell, Jr. Entry of Appearance TO THE PROTHONOTARY/CLERK OF SAID COURT Enter my appearance on behalf of: JG Wentworth Origination. LLC. Papers may be served at the address set forth below. Respectfully Submitted: Maro & Maro. P.C. By: ?ttorney I.D. No 89585 aro & Maro, P.C. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600(office) (610) 275-9666(Fax) MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of JG Wentworth NO: Origination, LLC and Rance Brownawell Jr. CERTIFICATE OF SERVICE I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the Petition for Transfer of Partial Structured Settlement has been served upon the following entities via first class mail and/or certified return receipt requested and/or email on : Hartford Life Insurance Company Attn. Legal Dept/structured Settlements 200 Hopmeadow Street Simsbury, CT 06089 JG Wentworth Originations, LLC 40 Morris Avenue Bryn Mawr, PA 19010 Hartford Cebsco Attn. Legal Department-Structured Settlements 200 Hopmeadow Street Simsbury, CT 06089 Date: 1. _73 -nc? By: Rance Brownawell Jr. 231 Mt. Zion Rd. Carlisle, PA 17015 Mirf A: Maro, Esquire Attorney for J.G. Wentworth Originations, LLC ATTACHMENT/EXHIBIT ul" Payee's Affidavit in Support of Petition to Transfer Structured Settlement Rights I, Rance Brownawell, the payee, verify that the statements below are true and correct: Payee's name, address and age: Rance Brownawell / 231 E. Mt. Zion Road (? Carlisle, PA 17015/ ?,X:37 ?31 • MT' Z Igo n " c PA- 1. Marital Status: 1 7 v Never Married; Married; Separated; ^X Divorced If married or separated, name of spouse: N/A 3. Minor Children and other dependents: Names, ages, and places of residence: Ashley (11) Shelly (8) Brandon (6) reside with mother 214 Acer Drive, Carlisle, PA 17013 4. Income: I am self employed making approximately $15,000.00 annually. If presently married, spouse's monthly income and sources: N/A 5. Child support, alimony or alimony pendente lite: Obligation to pay: -Yes X No If yes, state the amount of the obligation, to whom payable, and whether there are arrearages: 6. Previous transfers: Have you previously filed a petition to transfer payment rights under the structured settlement that is the subject of this petition? Yes X No If yes, for each petition that you filed, (a) If the transfer was submitted for court approval, list the court, the case caption and case number, and state whether the court approved or disapproved the transfer: N/A (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: N/A State the amount of money and the manner in which the money was used: N/A (c) Have you ever transferred payments without court approval? If so, please explain: No 7. Reasons for transfer: Describe in detail you reasons for the proposed transfer, including an explanation as to why a sale of a lesser amount of the structured settlement amount will better serve your interests: I want to use the money from this transfer to purchase supplies for my business and cover initial start up costs. I can also use the money for a new wheelchair and to get my car repaired. I would also like to set up a saving account for my children's future. 8. Payment of debts: If you seek the transfer in order to pay debts, list each debt, including the name of the creditor and the amount presently owed: Debt Creditor Amount Owed N/A Verification I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: /f/ ` 9'U ^'6-? (g) the initial order of court shall be substantially in the following form: ATTACHMENT/EXHIBIT 11277 • 4 COPY CONTRACT SPECIFICATIONS AGE AND SEX OF 35 Male FIRST ANNUITANT AGE AND SEX OF N/A SECOND ANNUITANT DATE OF FIRST PAYMENT 02/18/2012 DATE OF ISSUE 04/02/2007 OWNER Hartford CEBSCO FIRST ANNUITANT Rance Brownawell Jr. SECOND ANNUITANT N/A INCOME PAYMENT $20,000.00 INCOME PAYMENT Annually FREQUENCY ANNUITY NUMBER CCX02tW SCHEDULE OF BENEFITS AND PREMIUMS FORM NUMBERS DESCRIPTION OF BENEFIT HL- 16948,9352,15692 15693 Guaranteed Lump Sum Payments $20,000.00 On 02/18/2012 $25,000.00 On 02/18/2017 $37,546.42 On 02118/2022 L-9352 Pane R SINGLE PREMIUM Paid In Full ATTACHMENVEXHIBIT 66379 Account ID: 359759 Please complete and sign. STATEMENT OF PROFESSIONAL REPRESENTATION Please Choose Either Box A OR Box B Below. After you have made your choice, SIGN AND DATE the appropriate box signature line. YOU SHOULD SIGN ONLY ONE BOX - THE BOX YOU HAVE CHOSEN. A. I HAVE BEEN ADVISED BY J.G. WENTWORTH ORIGINATIONS, LLC ("JGW") THAT I SHOULD OBTAIN INDEPENDENT PROFESSIONAL REPRESENTATION CONCERNING THE LEGAL, TAX AND/OR FINANCIAL IMPLICATIONS OF THIS TRANSACTION. I FULLY UNDERSTAND THE PURCHASE AGREEMENT AND THE IMPLICATIONS OF THE TRANSFER, INCLUDING THE TAX TIONS OF?XW TRANSFER AND I DO NOT WISH TO SEEK OUT SUCH ENT P IO NTATION. B A L JR Da B. I HAVE OBTAINED INDEPENDENT REPRESENTATION AND I FULLY UNDERSTAND THE LEGAL, TAX AND/OR FINANCIAL IMPLICATIONS OF THE TRANSACTION, THE PURCHASE AGREEMENT AND THE RELATED DOCUMENTS. I WAS NOT REFERRED TO MY PROFESSIONAL ADVISOR BY JGW. THE NAME OF MY PROFESSIONAL ADVISOR IS SET FORTH BELOW: RANCE BROWNAWELL JR. To Be Completed By Cerd led Professional Advisor Only if you have signed Box B Above Name of Professional: Phone Number. U Address: I have provided independent professional advice to contemplated thereby. Professional's Signature Date Attorney ID #. in respect of the Purchase Contract with JGW and the transaction Date SSC14l•Cont act•doc 0 2009 J.G. Wentworth Originations, LLC ATTACHMENT/EXHIBIT "4" Account M: 359759 PURCHASE CONTRACT This is a Purchase Contract ("Contract") for the sale of structured settlement payments between Rance Brownawell Jr. (You, Your), with legal residence at 231 Mt. Zion Rd., Carlisle, PA 17015 and J.G. Wentworth Originations, LLC (We, Us, Our) 3993 Howard Hughes Parkway, Suite 250, Las Vegas, NV 89169-6754. BACKGROUND A. In connection with the resolution of a personal injury claim, You or someone acting for You, signed a Settlement Agreement that entitles You to receive certain future payments ("Settlement Payments"), according to a set schedule. B. Those Settlement Payments are being paid to You from an annuity policy ("Annuity Policy") purchased by the person responsible for making the Settlement Payments to you ("Obligor"). C. Rather than wait for the Settlement Payments to be made to You in the future, You want to sell all or some of those Settlement Payments ("Purchased Payments") to Us now for a lump sum. DEFINED WORDS Certain words used in this Contract have specific meanings, shown below. Annuity Policy The policy purchased by the Obligor to ensure that the Settlement Payments are made to You as required by the Settlement Agreement. Closing Documents Any documents necessary to carry out the purchase of the Purchased Payments, other than the "Contract or Contract Documents" as defined below. Contract or Contract Documents Collectively, only this Contract and the Disclosure Statement. Contract Date The date Your signature at the end of this Contract is notarized. Court Order A legally binding ruling issued by a judge or properly empowered administrative officer, approving the sale of the Purchased Payments to Us ("Court Approval'). Disclosure Statement The document which identifies for You, the Purchased Payments, expenses, Purchase Price and various other disclosures. Encumbrance Any claim, right, lien, policy loan, or restriction. In addition, this includes any limits on rights of ownership (such as the use, voting, transfer, receipt of income, etc.). Funding Date The date We pay You the Net Purchase Price. Issuer The insurance company that issued the Annuity Policy. Obligor The Person who is obligated to make payments to You under the Settlement Agreement. Party One of You or Us. Parties means both You and Us. Pave I of 7 <', 2009 J.(i. Wentworth Originations.. I.I.( Account ID: 359759 Person Any natural person or legal entity. Purchased Payments Only those certain payments that We are purchasing from You under this Contract. Purchase Price: Gross Purchase Price The amount shown as the "gross amount payable to the seller (You)" on the Disclosure Statement. This is the Sum We have agreed to pay You before any deductions as set forth in the Contract Documents. Net Purchase Price The amount shown as the "net amount payable to the seller (You)" on the Disclosure Statement. This is the sum We have agreed to pay You after any deductions as set forth in the Contract Documents. Settlement Agreement The agreement that You and the Obligor signed to resolve Your personal injury claim. Settlement Payments All of the payments that the Obligor has agreed to make to You in the Settlement Agreement. We, Our, or Us J.G. Wentworth Originations, LLC, along with any of its successors, assigns, and designees. Some of the Contract Documents or Closing Documents may refer to Us as the purchaser. You or Your The Person named on this Contract's first page. Some of the Contract Documents or Closing Documents may refer to You as the seller. You and We agree as follows: 1. SALE OF THE PURCHASED PAYMENTS A. Upon the signing of this Contract and subject to certain conditions including Court Approval, You sell, transfer and assign to Us the right to receive the Purchased Payments specifically identified in the Disclosure Statement. B. We will pay You the Net Purchase Price as agreed to in the Contract Documents, subject to certain conditions, including meeting Our underwriting requirements, Court Approval and satisfactory completion of the Closing Documents. We will do this in exchange for You: • Selling the Purchased Payments to Us; • changing the beneficiary of the Annuity Policy to Your estate and not changing it again until We have been paid all of the Purchased Payments; • having any current beneficiaries waive their rights to the Purchased Payments; and • fulfilling Your promises under this Contract. 2. PURCHASE PRICE A. The Gross and Net Purchase Prices are shown on the Disclosure Statement and are fair and acceptable to You and Us. B. We will pay You the Net Purchase Price in the manner You designate for Us. C. Before we pay You, You agree that We will adjust for the following amounts, if appllcaN/e: • Purchased Payments Owed to Us - The Issuer may have already paid You some of the Purchased Payments before We have paid You for them. If that happens, We will deduct the amount of those Purchased Payments. Page 2 o(7 C 2009 J.G. Wentworth Originations. H.C Account ID: 359759 • Holdbacks - Due to possible delays in the Issuer beginning to make the Purchased Payments to Us instead of You, We will hold back an amount equal to any Purchased Payments that the Issuer owes You within 90 days of the Funding Date. If We subsequently receive those particular Purchased Payments directly, We will return the amount of any related holdback to You. • Payment of Debts Owed - If You owe any past due child support, bankruptcy payoffs or taxes, or have any judgments or liens against You or Your assets, We may pay those amounts and deduct them from the amount We pay You. We will first confirm those amounts with You. D. If any Purchased Payments are mistakenly sent to You after we have paid You for them, You will immediately contact Us. If we then determine that any deductions or holdbacks as set forth above are not enough to reimburse Us, We will advise You of the amount You owe Us. You agree to immediately send that amount to Us by bank or certified check. 3. YOUR REPRESENTATIONS AND WARRANTIES You represent and warrant to Us the following: A. You understand that THIS IS A SALE AND NOT A LOAN. B. The Annuity Policy is in full force, You are the sole and undisputed recipient of the right to the Purchased Payments and have the right to sell them, free and clear of any Encumbrances. C. You understand that Court Approval is required for this purchase; and You agree to fully cooperate with Us to obtain that approval. D. You gave Us all requested information and signed originals of all documents necessary to complete the purchase. Every statement made by You in the Contract Documents and Closing Documents is true and complete. E. No law, divorce decree or other legal obstacle • requires You to keep the Purchased Payments for the benefit of a current or former spouse, dependent children, or other person; or • legally prevents You from contracting with Us, selling the Purchased Payments or changing the Annuity Policy's beneficiary. F. Either: • You have never filed for bankruptcy, will not do so before the Funding Date and there are no lawsuits or efforts by any of Your creditors to put You into bankruptcy or take any of the Purchased Payments; or • If You filed for bankruptcy, the Purchased Payments were not subject to the claims of Your creditors. You will give Us a copy of any of Your bankruptcy documents that We request including evidence of a final bankruptcy payoff, if such is the case. G. We can rely on Your representations, warranties, and promises in this Contract. These representations, warranties, and promises are for Our benefit and the benefit of any future owners of the Purchased Payments. You understand that any violation of Your representations or warranties is an act of fraud by You, which could result in You being held responsible for damages in favor of Us, with money to be paid by You to Us. H. You had enough time to consider the sale of the Purchased Payments, understand the terms of the Contract Documents and Closing Documents, are of legal contracting age and sound mind, not under the influence of drugs or alcohol, and freely and voluntarily, enter into this Contract and agree to all of its terms. I. You were advised by Us to obtain independent legal advice and professional tax advice about the sale of the Purchased Payments and to have those advisors review the terms and legal, tax and other effects of this Contract with You prior to Your execution of this Contract. You have also explored all appropriate financial options before entering into this transaction. I'agc 3 47 C 2009 Y i. Weni"oah t nginations. I 1 c Account m: 359759 J. We did not provide tax, financial, or legal advice to You about this Contract and have advised You that We may not refer You to any specific attorney for such purpose. K. If You are married, Your spouse understands all of the terms and conditions of this Contract including, but not limited to that You and Your spouse will not receive the same amount of money as You would receive under the Annuity Policy payments. Your spouse gives up any property rights he or she may have in the Purchased Payments. L. We may sell, transfer, or assign Our right to the Purchased Payments in a sale, securitization, or other financing transaction (resale). Any resale would involve disclosing certain information about You (including Your personal information) to the parties to a resale. M. Any future owner of the right to the Purchased Payments will have all of the same rights We have and duties You owe Us under this Contract. This includes the right to make a claim against You for violating any of the representations, warranties, or promises You made in this Contract. 4. YOUR PROMISES TO US Before mad after the Funding Date: A. You will tell us right away if Your address or telephone number changes and do everything necessary, including completing and signing all documents to: • sell the right to the Purchased Payments to Us and change the beneficiary as required by this Contract; and • correct any documentation errors in the Contract Documents or Closing Documents. B. You will also tell Us if any of the following occurs: • a violation of this Contract; or • anything that could negatively affect the Annuity Policy, the Purchased Payments, or this Contract. C. You will not: • agree to sell the Purchased Payments to any person other than us; • change the Annuity Policy's beneficiary to any Person other than Your estate until We have collected all of the Purchased Payments; or • withdraw cash from, borrow against, or change the Annuity Policy. D. You will give Us information necessary to update Your representations, warranties, and promises in this Contract. You will also update any documents and information so they will be true and complete on the Funding Date. E. We are now, and will continue in the future, to rely on the representations and warranties You have given Us. We will confirm the accuracy of Your representations and warranties. You must cooperate with this confirmation and provide complete access to any information We believe necessary. F. You agree that updating representations, warranties, promises, documents and other information will not cure a breach of any representation or warranty made by You that was not true and complete. G. You agree that Our liability to You under this Contract is strictly limited to the requirement to pay You what We owe You under the terms of this Contract, after receipt and approval of the Closing Documents, final underwriting approval and Court Approval. Under no circumstances will We be liable for any consequential damages. Page 4 of 7 C, 2009 J.U. Wenmorlh Originations. LLC Account 0: 359759 5. INDEMNIFICATION You will pay Us for losses or damages We suffer: A. If You do not comply with Your duties in this Contract. B. You failed to honor any promise You made in this Contract. C. Because any representation or warranty You made in this Contract was not true and complete. 6. CANCELLATION BY US We may cancel this Contract before the Funding Date if. A. You breach any representation, warranty, or promise in any Contract Documents or Closing Documents. B. The petition for the Court Order is contested, opposed, or not approved. C. We are sued or threatened with a lawsuit about this Contract or the Annuity Policy. D. There is any threatened, pending, or final action, or change in law or rule challenging the legality of, or negatively affecting this transaction. E. You file for, or are forced into bankruptcy. F. You die. G. Final approval has not been given by Our underwriting department. H. The Purchase Contract is not signed by You and received back by Us by November 16, 2009. I. A major rating agency downgrades the Issuer's credit rating. 1. The Issuer is, or becomes insolvent, or under regulatory supervision. 7. CANCELLATION BY YOU A. (1) YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION AT ANY TIME WITHIN FIVE (5) BUSINESS DAYS AFTER THE DATE YOU RECEIVE PAYMENT HEREUNDER FROM US. IN ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST SEND A NOTICE POSTMARKED AT ANY TIME WITHIN FIVE BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HEREUNDER FROM US (This is the rescission period). (2) YOUR NOTICE IS TO BE SENT EITHER BY CERTIFIED OR REGISTERED MAIL (RETURN RECEIPT REQUESTED) OR FEDEX OR ANOTHER MAJOR OVERNIGHT DELIVERY SERVICE. THE NOTICE MUST INCLUDE A BANK OR CERTIFIED CHECK MADE PAYABLE TO US, IN THE FULL AMOUNT RECEIVED BY YOU. YOUR NOTICE MUST BE SENT TO: J.G. Wentworth Originations, LLC Attention: Manager of Operations 3993 Howard Hughes Parkway, Suite 250 Las Vegas, Nevada 89169-6754 Page 4 7 f 2001) 16. Wentworth o iginations. 11c Account ID: 359759 B. GEORGIA RESIDENTS: YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO 5:00 P.M. OF THE TWENTY-FIRST DAY FOLLOWING RECEIPT OF THE ENCLOSED "NOTICE OF CANCELLATION RIGHTS" FORM, OR AT THE HEARING ON THE APPLICATION FOR AUTHORIZATION OF A TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, OR AT ANY TIME WITHIN FIVE (5) BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HEREUNDER FROM US, WHICHEVER EVENT OCCURS LAST (This is the Georgia rescission perlod), IN ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST SIGN THE ENCLOSED "NOTICE OF CANCELLATION RIGHTS" FORM AND MAIL OR DELIVER IT TO US AS SPECIFIED IN THAT NOTICE. C. WEST VIRGINIA RESIDENTS: IN ORDER FOR YOUR CANCELLATION TO BE EFFECTIVE, YOUR NOTICE CAN BE SUBMITTED VIA PHONE, MAIL, OR FACSIMILE. ANY AMOUNTS ADVANCED BY US IN CONTEMPLATION OF THE TRANSFER SHALL BE IMMEDIATELY REFUNDED TO US. IF YOU DISMISS YOUR ACTION AFTER APPOINTMENT OF A GUARDIAN AD LITEM, OR RESCIND YOUR TRANSFER AGREEMENT (PURCHASE CONTRACT) WITHIN THE RESCISSION PERIOD IN 7(A) (1) ABOVE, YOU SHALL BE RESPONSIBLE FOR THE FILING FEE AND ANY GUARDIAN AD LITEM FEES. 8. NOTICES A. All notices about this Contract must be in writing. B. All notices must be sent either by: (1) certified or registered mail (return receipt requested); or (2) FedEx or another major overnight delivery service and are considered given when delivered as follows: If to You: to Your address listed on the first page of this Contract. If to Us: to the address listed in Section 7(A) (2) of this Contract. 9. EVENTS OF DEFAULT You will be in default if You: A. fail to comply with any terms or conditions of this Contract; or B. breach any of Your representations, warranties and promises in this Contract. If You are in default, We have the right to sue You in court to make You perform Your promises or to get money from You. 10. MISCELLANEOUS A. We can do background checks on You, including from the credit bureaus, in order to verify your legal residence and other contact information. B. This Contract is the entire agreement between You and Us. C. If there is more than one of Us or You, this Contract applies to all of those people together, and to each of them on their own. D. Both Parties must agree in writing to any change to this Contract or waiver of its terms. E. If a court undoes any part of this Contract, the rest of the Contract remains valid. F. You cannot voluntarily or involuntarily sell, assign, or transfer this Contract, or any of Your rights or duties under this Contract. G. The law of the state of Your domicile (where You regularly reside on the Contract Date) will govern this Contract. The Parties must litigate any dispute arising under this Contract in that state's courts and the Parties agree to the jurisdiction of that state's courts. Pagc 6 )1 '7 C, 2009 LG. Wenhvorth Originations, lJ.C Account ID: 359759 H. This Contract also holds responsible Your heirs, and executors. This Contract benefits only You and Us, and no one else. However, if permitted to be, and if properly assigned, this Contract will bind and benefit the respective successors and assigns of the Parties. 1. Failure to enforce any provision of this Contract is not a waiver of that provision. J. The Parties may sign this Contract in one or more counterparts. Each counterpart will be considered an original. All counterparts will form one Contract. K. We have investigated the proposed transfer of the Purchased Payments and, in light of information available to Us, have identified no violation of any applicable state or federal law. L. You will not receive an IRS Form 1099 from Us. M. Titles and headings in this Contract are for convenience only. Do not use them to interpret this Contract. N. Except as otherwise set forth in this Contract, You and We will pay our respective costs and expenses in carrying out this Contract. You and We, intending to be legally bound, have signed this Contract as of the Contract Date below, and agree to all of its terms and conditions. By signing below, You also acknowledge that You were advised by Us in writing, that You should obtain independent legal advice and professional tax advice about the sale of the Purchased Payments and to have those advisors review with You, the terms and legal, tax and other effects of this Contract. Sworn to and syy cribed before me this/W day of , 2001("Contract Date") lid Ad Aj r ry Sworn to and subscribed SELLER'S SPOUSE (if applicable) before me this day of '200 A Notary Spouse US: J.G. Wentworth Originations, LLC d9x6A.-u 402z BY: Adt C%Z Maureen Healy, tce President Page 7 of 7 0 2009 J.G. Wentworth Originations, LLC Account fl): 359759 October 1, 2009 . PENNSYLVANIA DISCLOSURE STATEMENT We will purchase the following payments (Purchased Payments) from You: A) 1 payment of $20,000.00 on February 18, 2012 B) 1 payment of $25,000.00 on February 18, 2017 C)1 payment of $37,546.42 on February 18, 2022 (The remainder of the page intentionally left blank) -1- C 2001) J.(; WC111v%ord) Originauious. I.L(' Account ID: 359759 October 1, 2009 The aggregate amount of the Purchased Payments is $82,546.42. The discounted present value of the aggregate Purchase Payments at the federal interest rate of 3.20% is $63,792.39. The discounted present value is the calculation of the current value of the transferred structured settlement payments (Purchased Payments) under federal standards for valuing annuities. The gross amount payable to seller (You) is $25,000.00. The following expenses are incurred by the seller (you) and will be deducted from the Purchase Price: Issuer fee: $0.00 Obligor fee: $0.00 The net amount payable to the seller (You) is $25,000.00. Legal fees (this is an estimate of what Your attorney will charge You if You choose not to waive representation): $500.00 No other expenses are incurred by You. The net amount that You will receive from Us in exchange for Your future structured settlement payments represents 39.20% of the estimated current value of the payments based upon the discounted value using the applicable federal rate. Based on the net amount that You will receive in payment from Us and the amounts and timing of the structured settlement payments that You are selling to Us, this is the equivalent of interest payments to Us at a rate of 18.57% per year. PLEASE NOTE THAT THIS IS NOT A LOAN, BUT A SALE OF PAYMENT RIGHTS AND THE INTEREST FIGURE IS ONLY PROVIDED AS AN ILLUSTRATION OF THE ECONOMIC IMPACT OF THE SALE. -2- 2000J.(i 1Vcmwur(Ir(Iriginalion,.I.I.(: Account ID: 359759 October 1, 2009 Please be advised there are no penalties or liquidated damages payable by you in the event of any breach of the transfer agreement by you. By signing below You are confirming receipt of this Disclosure Statement at least 10 days prior t u executin the transfer agreement (Purchase Contract). CE BR WEL SIGN HERE Sworn to and suipcrybed OOMMO-M LTH OF PENNSYLVANW befo m this y of , 200 Baum ?R. County nCN 7, 2013 No ry of -3- C 2009 J.G. Wentworth Originations, LLC ATTACHMENT/EXHIBIT 665" -A 01 J.G. WENTWORTH ORIGINATIONS, LLC October 22, 2009 Hartford Life Insurance Company 200 Hopmeadow Street Simsbury, CT 06089 Attn: Legal Department/Structured Settlements Hartford Cebsco 200 Hopmeadow Street Simsbury, CT 06089 Attn: Legal Department/Structured Settlements RE: Notice of Sale/Assignment of Payment Rights Your Contract #: Payee: Rance Brownawell Jr. SS #: 204-52-4892 Dear Insurer: Please be advised that J.G. Wentworth Originations, LLC and/or its successors and assigns, have entered into a transaction with the above-referenced annuitant who is seeking to transfer certain of his/her rights to the payments scheduled to be received under the above-referenced annuity policy. We are currently seeking court approval pursuant to the applicable structured settlement transfer statute. Pursuant to the statute, please note the following information about the Purchaser: J.G. Wentworth Originations, LLC 40 Morris Ave Bryn Mawr PA 19010 Tax ID # 20-4728885 PLEASE NOTE: No payments under this annuity should be held until the courts have entered a final order and we have forwarded this order to you. Very truly yours, J.G. Wentworth Originations, LLC By: 4%441? 5406 Maureen Healy, Vice President 3993 Howard Hughes Parkway - Suite 250 - Las Vegas, NV 89169.6754 PHONE: (800) 454.9368 - FAX: (215) 567.7525 - E-MAIL: 1GW(&1QWFUNDING.COM WEB SITE: WWW.JGWFUND1NG.COM OF THE ,6 T- 2009OCT 26 PM 2: 22 CUMB,c:i R J DJUNW PENNSYL.VMA *78.5D PO p C?.? 3'S(oa1 ` A3a 588 Z MARO & MARO, P.C. By: Robert A. Maro, Esquire OCT 212009 Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of JG Wentworth NO: CIQ -'7859 V; L Taro, Originations, LLC and Rance Brownawell Jr. NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Hartford Life Insurance Company JG Wentworth Originations, LLC Attn. Legal Dept/structured Settlements 40 Morris Avenue 200 Hopmeadow Street Bryn Mawr, PA 19010 Simsbury, CT 06089 Hartford Cebsco Rance Brownawell Jr. Attn. Legal Department-Structured Settlements 231 Mt. Zion Rd. 200 Hopmeadow Street Carlisle, PA 17015 Simsbury, CT 06089 You are hereby given notice that J.G. Wentworth Originations, LLC has filed a petition to transfer structured settlement payment rights. A hearing in this matter has been scheduled on D?'?i` D , 2009 at 5: "0 0 P,fA . o'clock in courtroom no. courthouse, Cumberland County Court of Common Pleas, Pennsylvania. You are entitled to support, oppose or otherwise respond to the payee's petition, either in person or by counsel, by filing written comments with the court prior to the hearing or by attending the hearing. The Name, Address and Tax Identification number of the,afra0sfer e is J. Originations, LLC. 40 Morris Avenue, Bryn Mawr, PA 1901x I. No. 20, S ` ^ `1 BY: Date u,.ac n for JG"Wentworth Originations, LLC. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 (610) 275-9666(facsimile) ,-1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of JG Wentworth NO: Originations, LLC and Rance Brownawell Jr. A INITIAL ORDER OF COURT On this a day of cy, "L,, 2009, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on ryw? to Vol Courtroom 3 at 31v o? ck. The payee shall bring income tax returns for the prior two (2) years to the hearing. Within seven (7) days, the transferee shall give notice of the hearing date to the payee, the structured settlement obligor, the annuity issuer, the payee's spouse and any person receiving child support, alimony, or alimony pendente lite. The transferee shall attach a certificate of service to the notice of hearing date. A copy of the notice with the certificate of service shall be filed with the court prior to the hearing. BY THE COURT: J. THE T?;RY J MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of JG Wentworth NO: 09-7359 Originations, LLC and Rance Brownawell Jr. PETITION FOR CONTINUANCE And now comes your petitioner, JG Wentworth Originations, LLC, by and through its attorneys, Maro & Maro, P.C., and in accordance with the applicable rules of Pennsylvania Civil Procedure, hereby represents as follows: 1. A Petition for Partial Transfer of Structured Settlement was filed with this Court on or about October 23, 2009. 2. On November 12, 2009 at 9:30 a.m., this Office contacted the Court to inquire as to the status of the hearing date. The Court Personnel informed this office that the hearing was scheduled for December 10, 2009 at 3:00 p.m. in Courtroom #3, The Honorable Edward Guido to be presiding. 3. Unfortunately, I am already scheduled for a hearing on December 10, 2009 at 3:00 p.m. in Wyoming County, Pennsylvania. I attach a copy of the order of court scheduling the hearing date as Exhibit "A". 4. Because of the conflict, I will not be able to attend the hearing scheduled by this court. 5. None of the parties object to this continuance request. 1 WHEREFORE, Petitioner prays that this Court enter an Amended Order, Continuing the Hearing scheduled from December 10, 2009 and setting a new date for said hearing. By: . Nfat6, Esquire for Transferee 2 Maro & Maro, P.C. MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of JG Wentworth NO: 09-7359 Origination, LLC and Rance Brownawell Jr. CERTIFICATE OF SERVICE I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the Petition for Transfer of Partial Structured Settlement has been served upon the following entities via first class mail and/or certified return receipt requested and/or email on : Hartford Life Insurance Company Attn. Legal Dept/structured Settlements 200 Hopmeadow Street Simsbury, CT 06089 JG Wentworth Originations, LLC 40 Moms Avenue Bryn Mawr, PA 19010 Hartford Cebsco Attn. Legal Department-Structured Settlements 200 Hopmeadow Street Simsbury, CT 06089 Date: II _ (Y o By: Rance Brownawell Jr. 231 Mt. Zion Rd. Carlisle, PA 17015, Wentworth Originations, LLC 4 ATTACHMENT/EXHIBIT 66A" IN THE COURT OF COMMON PLEAS OF WYOMING COUNTY, PENNSYLVANIA RE: Joint Petition of 321 Henderson NO: ?U? r b Receivables Origination, LLC and Thomas Marshall / INITIAL ORDER OF COURT On this day of 2009, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on aunmj ? ,in Courtroom Z at T ad '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. BY T COURT: J. Cc S - :JG b01 Vd 'AINnap `ii IG? dvi lo 2 009 K,0V 16 P11 6; L 6 NOV 17 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of JG Wentworth NO: 09-7359 Originations, LLC and Rance Brownawell Jr. 1 INITIAL ORDER OF COURT On this 18 day of Nt0 2009, it is ordered that hearing scheduled for December 10, 2009 is hereby continued. The new hearing date regarding this Petition to Transfer Structured Settlement Payment Rights will be held on 47, F in Courtroom 3 at -?,b0 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. TH COU J. oF MWOMA R r 9 mov Is PM 1 04 UNTY PENNSYLVANIA, &I. y mat tco` Maro &Maro, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 Attorney for JG Wentworth Origination, LLC 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Joint Petition of JG Wentworth NO: 2009-7359 Civil Origination, LLC and Rance Brownawell Jr. CERTIFICATE OF SERVICE I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the Initial Order of Court was served upon the Payee, The Structured Settlement Obligor, The Annuity Issuer, the Payee's Spouse and any person receiving child support, alimony or alimony pendente lite. A copy of the Notice is attached hereto. Date: November 24 2009 B ~ ~" !'~%I , Y, obert A. Maro, Esquire Attorney for JG Wentworth Origination, LLC NOV 1 7 ZOpg ~ ,Z .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of JG Wentworth NO: 09-7359 Originations, LLC and Rance Brownawell Jr. INI-TI`AL ORDER OF COURT On this ~ 8 ~ ay of N U 2009, it is ordered that 1learing scheduled for December 10, 2009 is hereby continued. The new hearing date regarding this Petition ~~ to Transfer Structured Settlement Payment Rights will be held on ~ ~"' ~~ ~'/'V~'' in Courtroom ~ at ~'~ 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. TH COU J. 3 2C~~ ~~,''~ ~0 F~; ;3~ ~2 ~~ F ;,,