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HomeMy WebLinkAbout09-8849MARO & 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 J.G. Wentworth NO: Originations, LLC and Brittany Rosenberry 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, J.G. Wentworth Originations, LLC, by and through its attorneys, Maro & Maro, P.C., and joint petitioner, Brittany Rosenberry, and in accordance with the applicable rules of Pennsylvania Civil Procedure, hereby represents as follows: 1. Petitioner is J.G. Wentworth Originations, LLC. ("Buyer" or Transferee"), with an office address located at 40 Morris Avenue, Bryn Mawr, Pennsylvania, 19010. 2. Joint Petitioner is, Brittany Rosenberry ("Payee"), an adult individual who resides at 57 Sandbank Road, Shippensburg, PA 17257. 3. This Joint Petition has been verified by the Transferee, J.G. 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. 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 $20,100.00. 10. Based on the net amount that the payee will receive from this transaction $20,100.00 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 24.96% per year. 11. The Buyer furnished Brittany Rosenberry with a Disclosure Statement pursuant to 40 P. S. 4003 See Attachment/Exhibit "4") at least ten (10) days prior to the date on which Brittany Rosenberry 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 no minor children. Joint Petitioner has never transferred payments under her annuity in the past. Joint petitioner is only transferring a partial amount of her annuity leaving the majority thereof intact as it becomes due under the terms of the annuity. The purpose of this partial transfer is to assist Mr. Rosenberry with the purchase of a vehicle and to pay repairs to her father's vehicle that she caused. Further, Ms. Rosenberry will use the rest of the money toward college tuition. Being able to purchase a vehicle is extremely important and necessary to Ms. Rosenberry so that she can get to and from work and soon to and from school. Ms. Rosenberry is an adult and feels that this partial transfer is in her best interest at this time to accomplish goals that she would otherwise be unable to do. Based upon the foregoing which will be expanded upon at the time of trial, the transfer is clearly within the best interest of Ms. Rosenberry. 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: for Transferee Maro & Maro, P.C. 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 Brittany Rosenberry 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. %U4U-0- CC%4 Maureen Healy, VP III)-U1.005 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. Mkfo, Esquire 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 J.G. Wentworth NO: Originations, LLC and Brittany Rosenberry 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 : To: Genworth Life and Annuity Insurance Company Attn. Legal Dept./structured Settlements 700 Main Street Lynchburg, VA 24505-1280 J.G. Wentworth Originations, LLC 40 Morris Avenue Bryn Mawr, PA 19010 Jamestown Life Insurance Company Attn. Legal Dept./structured Settlements 6604 Broad Street Richmond, VA 23230 Date: y , y1 7 By: Brittany Rosenberry 57 Sandbank Road Shippensburg, PA 17257 Wttofney for 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 Brittany Rosenberry 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. By: PtobeVA.' o, Esquire Attorney I.D. No 89585 Maro & Maro, P.C. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600(office) (610) 275-9666(Fax) Respectfully Submitted: ATTACHMENT/EXHIBIT 6'1" Payee's Affidavit in Support of Petition to Transfer Structured Settlement Rights I, Brittany Rosenberry, the payee, verify that the statements below are true and correct: Payee's name, address and age: Brittany Rosenberry, 57 Sandbank Road Shippensburg PA 17257, 22 years old. 1. Marital Status: I am not married. 2 Minor Children and other dependents: I have no children. 3. Income: I am unemployed but I currently receive $1,000.00 per month from my Genworth annuity. Child support, alimony or alimony pendente lite: I have no child support or alimony obligation. 4. Previous transfers: Complete the below for competition deals only. If prior transfers were with JGW then just type See Exhibit "A". (a) NONE 6. Reasons for transfer: I want to use the money to purchase a vehicle and to pay to fix my father's vehicle which I caused damage to. I also plan on using the remaining portion of this money to pay for college tuition. 7. Payment of debts: Besides paying to fix my father's vehicle, I have no outstanding debts. 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: 0" f 7' dq W--77?? rittany o berry 61f ATTACHMENT/EXHIBIT "2" 11/24/2009 11:05 Genworth Financial 7175329265 RT FIEN2Y M4ARINACY PAGE 01/01 GOVO06 uh and k#" IMUn U Gamey P.O. WE 6158 Lyn", VA 246066158 888 3.4888 TOI FM 434948.6440 Fax November 18, 2009 Brittany Rosenberry 57 Swidbank Rd. Shippensburg PA 17267 RE: Annuity Contract #:1753136 Owner. Jamestown We Insurance Company Dear RAs. Rosenberry: Thank you for choosing 43enworth Life end Annuity Insurance Company for your insurance needs. This letter will serve as verification bf the annuity benefit payments currently scheduled to be paid to you, and is being sent at your requiW. According to our records, you are Scheduled to recehro: • $1,oo0.00 payable monthly on the 1, guaranteed until January 01, 2013, and continuing thereafter for as long as you shall live, $15,000.00 payable in a Lump sum due October 22, 2012, • $38,000.00 payable in a lump an due October 22, 2017, • $50,000.00 payable in a lump sum due October 22, 2027, $76,000.00 payable in a lump sum due Ocl!ober 22, 2037, + $100,000.00 payable in a lump sum due October 22, 2041. These benefits are betrtg paid according to the tenns of a wMement agreement and mutt be paid as indicated. The periodic payments cannot be scoelsrated, deferred, increased, decreased, assigned, sold or transferred. Thib contract has no cash surrender or loam value. Your business Is greatly appreciated and we look forward to serving you in the future. if you tmwe questions, please call us at 888 322.462A, Monday - Friday 9:00 a.m. to 6:00 p.m. EsMem Time. Sincerely, Annuity Benefit Services 42988 WW ATTACHMENT/EXHIBIT "3" Account ID: 353255 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 RAMIFICATIONS OF THE TRANSFER AND I DO NOT WISH TO SEEK OUT SUCH INDEPENDENT PROFESSIONAL REPRESENTATION. '64? 111A 11.41 11d Zl'l Y f?T ANY E BE Y Date 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: BR]r fANY ROSENBERRY Date To Be Completed By Cerl led Profession/ Advisor Only if you have signed Box B Above Name of Professional: Phone Number: (__) Address: I have provided independent professional advice to contemplated thereby. Professional's signature Attorney ID # in respect of the Purchase Contract with JGW and the transaction Date ssCl1].Contractdoc 0 2009 J.G. Wentworth Originations, LLC ATTACHMENT/EXHIBIT 664" AccountlD: 353255 PURCHASE CONTRACT This is a Purchase Contract ("Contract") for the sale of structured settlement payments between Brittany Rosenberry (You, Your), with legal residence at 57 Sandbank Road, Shippensburg, PA 17257 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. , 9W AccountlD: 353255 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, tf applkabk: • 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. AccountlD: 353255 • 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, wan-antics, 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 terns. 1. 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 terns 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. Account lD: 353255 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 and 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. Account ID: 353255 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. 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 January 19, 2010. 1. A major rating agency downgrades the Issuer's credit rating. 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 ?!) ?1, i , 3 F;Lt t?3-i t )1'i,?ifi',f1 o[7a. i,,. C.;_, AccountlD: 353255 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 period). 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) PedEx 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. AccountlD: 353255 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. I. 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 subscribed before me this flay of 2001"Contract Date") SELLER. SIGN HERE 16 tj I - r ?? ?& Brittany Rose rry Sworn to and sui3scribed before me this day of - _ --' 200 Notary US: SELLER'S SPOUSE (if applicable) Spouse J.G. Wentworth Originations, LLC BY: Maureen Healy, Vice President Bt?MABNwFxTt+ of p -0-f- MA" NoWtsl saM MyCommWWW ? Nw.19, 2012 Account ID: 353255 PENNSYLVANIA DISCLOSURE STATEMENT We will purchase the following payments (Purchased Payments) from You: A) 33 monthly payments of $450.00 each, beginning on February 1, 2010 and ending on October 1, 2012 B) 1 payment of $10,000.00 on October 22, 2012 C) 3 monthly payments of $450.00 each, beginning on November 1, 2012 and ending on January 1, 2013 D) 1 payment of $20,000.00 on October 22, 2017 (The remainder of the page intentionally left blank) f I: AccountlD: 353255 The aggregate amount of the Purchased Payments is $46,200.00. The discounted present value of the aggregate Purchase Payments at the federal interest rate of 3.20% is $40,100.47. 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 $20,100.00. The net amount payable to the seller (You) is $20,100.00. 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 50.10% 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 24.96% 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. • AccountlD: 353255 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 to You executing the transfer agreement (Purchase Contract). E SIGN HERE BMttANyRdSV, k 40f Sworn to and s abed bef r me this lay of lllltJ"I Notarv COMMONWEALTH OF PENNSYLVANIA Notadal Seal Meadw A. Flsher, Notary Public Shimensburg Boro, Cumbertand Cowty My Cammisslon Ejcphas Nov. 19, 2012 MWber, Pennsylvania AssodeWn 91 WOOS IMPORTANT NOTICE You are strongly urged to consult with an attorney who can advise you of the potential tax consequences of this transaction. Bra B A ? RO t ERIjJ Sworn to and subscribed Before me this 30 day of /???l abr, Zpp? Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Camia L. Coley, Notary Pubk Sl 0)mj0xq Bono, bwTberiaW Om* My CormmMW Expires Dec. 22, 2040 Member, PenneyWen?a Aeaaatatlon of Not4d" 0 2009 1 G. Wentworth Originations, LLC i ATTACHMENT/EXHIBIT 665" . '' 4 J.G. Wentworth Originations, LLC December 21, 2009 Genworth Life and Annuity Insurance Company 700 Main Street Lynchburg, VA 24505-1280 Attn: Legal Department/Structured Settlements Jamestown Life Insurance Company 6604 Broad Street Richmond, VA 23230 Attn: Legal Department/Structured Settlements RE: Notice of Sale/Assignment of Payment Rights Your Contract #: 1753138 Payee: Brittany Rosenberry SS #: 175-68-0836 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 453? 5L By: Maureen Healy, Vice President 3993 Howard Hughes Parkway - Suite 250 - las Vegas, NV 89169.6754 PHONE: (800) 454.9368 - FAX: (215) 567.7525 - E-MAIL: IGW0 GWFUNDING.COM WEB SITE: WWW.JGWFUNDING.COM J` a ro 4 ?I A rv S ? c?# 3 6 yy ? a , 5 y? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of J.G. Wentworth NO: r Originations, LLC and Brittany Rosenberry INITIAL ORDER OF COURT On this ? day of 20 A0, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on - 0 f' a in Courtroom at .jV 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. Y THE CO T: J. FILED---, i C' i E P 2010 JAN -4 Pi {: 49 ohat&cc P. /If I .( 40 Maro & Maro, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 W. Main Street FILED-OFFICE IMF DIP' P,, , 17- OTH,- lJTARY 2010 JAN 12 AM 11: 21 Norristown, PA 19401 UP1J$` ; ;v , `}may (610) 275-9600 Attorney for JG Wentworth Origination, LL Nr'1,;`,'I v `j€A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Joint Petition of JG Wentworth NO: 2009-8849 Civil Originations, LLC and Brittany Rosenberry 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. J Date: January 7, 2010 By; Robert A. Maro, Esquire Attorney for JG Wentworth Originations, LLC DEC 2 8 2009 4 4MARO & 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 J.G. Wentworth Originations, LLC and Brittany Rosenberry NO: © 7? $-K? ! c % ( tc-A NOTICE OF HEARING ON PETITION TO TRANSF:?R STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Genworth Life and Annuity Insurance J.G. Wentworth Originations, LLC Company 40 Morris Avenue Attn. Legal Dept./structured Settlements Bryn Mawr, PA 19010 700 Main Street Lynchburg, VA 24505-1280 Jamestown Life Insurance Company Brittany Rosenberry Attn. Legal Dept./structured Settlements 57 Sandbank Road 6604 Broad Street Shippensburg, PA 17257 Richmond, VA 23230 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 rmLtter has been scheduled on 10 0^ e VO , 2001 at ;? 30 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 trar e/is. G. tworth Originations, LLC. 40 Morris Avenue, Bryn Mawr, PA 19010. . N 885 Date BY: //( ertA. iro, Esquire ttorney for T.G. Wentworth Originations, LLC. 1115 W. Main Street Norristown, PA 19401 (610) 275-96)0 (610) 275-96 56(facsimile) IN THE COURT OF COMMON PLEAS OF CUIV}:BERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of J.G. Wentworth NO: 8-119 Originations, LLC and Brittany Rosenberry INITIAL ORDER OF COURT On this q 1 day of 20 A0, it i 3 ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on 1' a in Courtroom a J0 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 pendent; 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 earing. Y THE CO T: J J J. ~J ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOINT PETITION OF J.G. WENTWORTH ORIGINATIONS, LLC and BRITTANY ROSENBERRY: NO. 2009 - 8849 CIVIL TERM ORDER OF COURT AND NOW, this 9TH day of FEBRUARY, 2010, the hearing scheduled for Wednesday, February 10, 2010, at 1:30 p.m. is continued and rescheduled to FRIDAY, FEBRUARY 26, 2010, at 10:30 a.m. in Courtroom # 3. B ourt, Edward E. Guido, J. '' ROBERT A. MARO, ESQUIRE 1115 WEST MAIN STREET NORRISTOWN, PA 19401 ~TTANY ROSENBERRY 57 SANDBANK ROAD SHIPPENSBURG, PA 17257 sld a. 4 1 v ~~ ~~ c> o ~, c ,~ - ~~, ~ ~~ t`; vs - ~ rn ~: j ~ : ~ , =~ -o ~ ~ s 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. 20lQ FEB 1 g Pfd 4: ~ ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA IN RE: Joint Petition of JG Wentworth NO: 2009-8849 Civil Originations, LLC and Brittany Rosenberry CERTIFICATE OF SERVICE I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the 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: February 16, 2010 .,.~~ ~ By, / Robert A. Maro, Esquire Attorney for JG Wentworth Originations, LLC A JOINT PETITION OF J.G. WENTWORTH ORIGINATIONS, LLC and BRITTANY ROSENBERRY: NO. 2009 - 8849 CIVIL TERM ~ ~~ IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this 9TH day of FEBRUARY, 2010, the hearing scheduled for Wednesday, February 10, 2010, at 1:30 p.m. is continued and rescheduled to FRIDAY. FEBRUARY 26, 2010, at 10.30 a m in Courtroom # 3. By.the "Court, °^~ ~_,fr~.~» ~,_._ ,~ ~: ~ Edward E. Guido, J. ROBERT A. MARO, ESQUIRE 1115 WEST MAIN STREET NORRISTOWN, PA 19401 BRITTANY ROSENBERRY 57 SANDBANK ROAD SHIPPENSBURG, PA 17257 :sld ~ k RE: JOINT PETITION OF J.G. IN THE COURT OF COMMON PLEAS OF WENTWORTH ORIGINATIONS, LLC and CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY ROSENBERRY NO. 09-8849 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of March, 2010, this matter is continued to April 12, 2010, at 1:00 p.m. to give Petitioner Brittany Rosenberry the opportunity to present concrete plans in connection with the following: 1. The type o.f v.ek~icle she wants to buy and the cost. 2. The tuition she intends to pay and the costs. In addition, we want testimony with regard to her actual attempts to secure financing from a traditional lender as well as the seller of the car. By the rt, Edward E. Guido, J. ~ Robert A. Maro, Esquire MARO & MARO, P.C. 1115 West Main Street Norristown, PA 19401 J.G. Wentworth Brittany Rosenberry 57 Sandbank Road Shippensburg, PA 17257 :mlc rr. ~a r ~ S rn.~ t l.~C~, 3~~ ~iD ~.-~~ C ° ~ ~~ cx~ ~ ,~.~ ,. r, `~~ : p• ~ ~ ~ ~~_~ ~ cry _~;. w ~; 14 i•" r. ~_ ~~ W ""i _,