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HomeMy WebLinkAbout10-1353IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT F ' ?' " -;App' PENNSYLVANIA 2010 FEB 24 CIVIL DIVISION l; 7 : s IN RE: PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS OF ZOE E. MULHOLLAN A/K/A ; ZOE MULHOLLAN ?'PJ .;J,N No. 10 -)3S3 (fL U i L ` l PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS Transferee, SETTLEMENT FUNDING, LLC brings forth the following Petition to Transfer Structured Settlement Payment Rights pursuant to, and in compliance with, the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, and Pa.R.C.P. 229.2 and in support states as follows: 1. The Payee is ZOE E. MULHOLLAN A/K/A ZOE MULHOLLAN, an adult individual whose date of birth is October 5, 1988, and who resides at 1109 Yverdon Drive, Apt. B7, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. This Court has venue pursuant to the Structured Settlement Protection Act, because the Payee is domiciled in Cumberland County, Pennsylvania. 3. As a result of a bodily injury claim, the Payee entered into a Release and Settlement Agreement with the tortfeasor's insurance carrier. The Agreement provided for payments to the Payee as follows: 4 annual payments each in the amount of $20,000.00 commencing on October 5, 2006, through and including October 5, 2009; and lump sum payments as follows: $15,000.00 due on October 5, 2006, $17,500.00 due on October 5, 2009, $25,000.00 due on October 5, 2013, and $40,000.00 due on October 5, 2018. Q 14.2 . ov ?-?+ ta8 4. The obligation to make the monthly periodic payments to the Payee is held by Sun Life Assurance Company of Canada (US), the Structured "Settlement Obligor" as defined by 40 P.S. § 4002. Sun Life Assurance Company of Canada (US) is located at One Sun Life Executive Park, Wellesley, MA 02481. 5. Sun Life Assurance Company of Canada (US) funded the obligation by purchasing an annuity from Liberty Life Assurance Company of Boston, the "Annuity Issuer." Id. Liberty Life Assurance Company of Boston is located at 100 Liberty Way, Mail Stop 03A, Dover, NH 03820. A true and correct copy of the Annuity Policy confirming the payment stream and ownership of the policy is attached as Exhibit "A." 6. On February 15, 2010, Payee executed an Absolute Assignment Agreement (the "Transfer Agreement"), a true and correct copy is attached and incorporated herein as Exhibit "B." The Transfer Agreement provides for the assignment of Payee's right and interest in receiving: One lump sum payment of $25,000.00 due on or about October 5, 2013 (the "Assigned Payment"), to Settlement Funding, LLC (the "Transferee"). Settlement Funding, LLC is located at 3301 Quantum Beach Boulevard, Boynton Beach, FL 33426. 7. The "Payee's Affidavit in Support of Petition to Transfer Structured Settlement Payment Rights" required by Pa.R.C.P. 229.2 is attached hereto as Exhibit "C." As set forth therein in further detail, Payee avers that: a. She is a single adult who has no dependents. b. She is under no obligation to pay child support, alimony or alimony pendente lite, and she has not previously attempted any transfers of structured settlement payment rights, either with or without court approval. C. She is currently employed as a receptionist for Chic Hair Designs earning approximately $1,200.00 per month. 2 d. She intends to use the proceeds of the transfer to help expand a start-up photography business called Executive Images that she has recently begun with her fiance. She will use approximately $7,500.00 to expand the business which will include the purchase of upgraded photography equipment including mobile backgrounds, mobile lights and professional grade camera and lenses. She also intends to use the remaining funds to pay for a move to a larger townhouse that will accommodate the growing photography business. 8. Payee has been provided, and has acknowledged receipt, at least 10 days prior to receipt of the Transfer Agreement, of the "Transfer Disclosure" required by 40 P.S. § 4003 (a)(2) attached and incorporated as Exhibit "D." 9. i. Pursuant to the Transfer Agreement, the net amount payable to the Payee after deduction of all commissions, fees, expenses, and charges is $10,500.09. ii. Based on the net amount that the Payee will receive from this transaction ($10,500.09) 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 26.29% per year. 10. Payee has been provided, and has acknowledged receipt, at least 10 days prior to receipt of the Transfer Agreement, of the written "Important Notice" in bold print 12-point type required by 40 P.S. § 4003 (b). A true and correct copy of Payee's acknowledgement of the receipt of the § 4003 (b) notice is attached as Exhibit "E." 11. Payee has been advised in writing to seek independent professional advice and fully intends to receive such advice prior to the scheduled hearing for approval of the proposed transfer of structured settlement payment rights. 12. On January 24, 2002, "The Victims of Terrorism Tax Relief Act," PL 107-134, 115 Stat. 2427, was enacted, which in part, amends the Internal Revenue Code of 1986. The Act amends 26 U.S.C.A. § 5891 and now provides for favorable tax treatment of "structured settlement payment factoring transactions" that are approved in advance by a qualified court 3 order approving the transaction. 26 U.S.C.A. § 5891 (b)(1). A "structured settlement payment factoring transaction" is defined as "a transfer of structured settlement payment rights (including portions of structured settlement payments) made for consideration by means of sale, assignment, pledge, or other form of encumbrance or alienation for consideration." 26 U.S.C.A. § 5891 (c)(3)(A) (parentheses in original). A "structured settlement" is defined as an arrangement established by "agreement for the periodic payment of damages excludable from the gross income of the recipient under [Internal Revenue Code] section 104 (a)(2)..." and under which the periodic payments are "of the character described in subparagraphs (A) and (B) of section 130(c)(2)." A true and correct copy of 26 U.S.C.A. § 5891 is attached hereto as Exhibit «F 13. 26 U.S.C.A. § 5891 (d)(1) was also added by the Act and provides: [I]f the applicable requirements of sections 72, 104(a)(1), 104(a)(2), 130, and 461(h) were satisfied at the time the structured settlement involving structured settlement payment rights was entered into, the subsequent occurrence of a structured settlement factoring transaction shall not affect the application of the provisions of such sections to the parties to the structured settlement (including an assignee under a qualified assignment under section 130) in any taxable year. (Emphasis added). Accordingly, a favorable tax result was in effect at the time the Payee and the Transferee entered into the Transfer Agreement. 14. Since a favorable tax result is in effect, approvals of the Settlement Obligor and the Annuity Issuer to the proposed transfer are not required. 40 P.S. § 4003 (a)(5)(i)(A). 15. The structured settlement did not arise out of a workers' compensation claim. 4 16. A Certification of Compliance certifying that the transfer complies 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 is attached as Exhibit "G." 17. Payee has seriously contemplated this transaction, and due to her personal circumstances and needs, believes that this assignment is in her best interests, taking into account the welfare and support of Payee's dependents. WHEREFORE, the Transferee prays that this Honorable Court grant this Petition to Transfer Structured Settlement Payment Rights. Respectfully submitted, By: Robert L. Monks PA I.D.# 52760 Grant Building, Suite 1200 310 Grant Street Pittsburgh, PA 15219 412-208-0584 Counsel for Transferee, Settlement Funding, LLC 5 Page 'GUIDE ANNUITY BENEFIT .. ASSIGNMENT ...... BENEFICIARY .... _ ..... _ . _ .. 6 DEFINITIONS .. ...... .5. GENERAL CONTRACT, PROVISIONS :._- 6 INCONTESTABILLTY'... ........ . .... .. :.. . OWNER :...:. _ ..... 6 PAYMENT OF PROCEEDS ....... 5 _.....-..._... POLICY INFORMATION,.... _ _ ... _ . 3 PREMIUM .. . . . ........... . .... 5 PREMIUM REFUND .............. .. .:.. _ ...... _ .. 5 ANY ADDITl•OIVAL AGREEMENTS, A.COPY•OF THE APPLICATION AND ANY ENDORSEMENTS APPEAR AFTER PAGE ,........... 6 .DEF1NTiONS. This is what we mean when we use the fo[lowing italicized words in your policy: Proceeds. All or part of the amount payable under any provision of this policy" Written Request.. A notice,in'writing, satisfactory to us, placed on file at our Home Office. We have not italicized the following words because they appear in so many places in your policy, but this is what they mean: We, Our, Us. The Liberty Life Assurance Company of Boston. You, Your. The Owner of this policy, who may be someone other than : the Annuitant. Z00 18 TNI4S8SSV %V,L 0Q V86908LLTL XVd 0£:60 OT/50/ZO POLICY INFORMATION ANNUITANT: ZOE MULHOLLAN POLICY NUMBER: NP3-001189 DATE OF ISSUE: AUGUST 3, 1994 ISSUE AGE: 6 SINGLE PREMIUM: VALUABLE CONSIDERATION SEX: FEMALE TYPE OF COVERAGE POLICY: Single Premium Immediate Annuity ADDITIONAL AGREEMENTS: Amendatory Agreement $20,000. will be paid on October 5, 2006 and every year there- a to - hrough October 5, 2009. Also 4 lump sums ill be paid as follows: 2G,CGOO (1) $15,000. on October 5, 2006. Zoo - ZGK 1 ..I g 00----(2) $17,500. (3) $25 000 on October n Octobe 5, 2009. 2 00-6 5 2013 - Q ?j , . r o , . - (Q) $40,000. on October S, 2018. 37,500 ALL PAYMENTS ARE GUARANTEED. Payment will be made to the Annuitant if living, otherwise; Estate of Zoe Mulhollan. v £Ooln Dmsassv Yvi oa t0909LLTL YEA O£:60 OT/90/ZO PREMIUM PAYMENT (II.- 111ZEM1UM T The single I'renliunl is payable at our Home Office, or to an authorized age n' t, on or beftu-c dcIk vey of Ill is policy. The due date of thV prenlillril is the Date of issue. "ie will give •,•t11r .1 receipt upon re(Juest- This policy will not tale effect until the premium is paid. PREMIUM REFUND AT DEATH 11 the Annuit.lrll dies before the date the first'r?liriuity I?enefrt Fi,jgrileiat is'lo he t made, we will refund the premium paid plus interest to the Beneficiary. Interest will never 1k' less than it _"o a year from the date tilt! prcmrunl payment was received at Our I lorne Office it) the date of refUnd. OWNER AND OWNER BENEFICIARY The Owner is as named in the application on the Date of issue, and may be changed from tillic to time. Unless otherwise provided, the ownership rights of an individual who dies before the Annuitant %vill belong; to the executors or adminis- trators of that indh•idual's estate. The ownership rights of a corporation, partner- ship or liducia ry will belting; to its successors or assigns. During the Annuitant's lifetime, the rights and privileges stated in this policy may be exercised only by the Owner. BENEFICIARY The Beneficiary is as named in the application on the Date of Issue, and may be changed from time to time. The interest of any Beneficiarn, who dies before the Annuitant Will terminate at the death of that fknefici lrv. The interest of any Bc•neri- ciary who dies af,er the .-Annuitant, but before receipt of any procee•tli, will belong to the executors or administrators of that BerteFciarv's estate- If no beneficiary designation is in effect ai the .+nnuitant's death, or if there is no designated Beneficiary then living, you will be the Beneficiary. However, if the Annuitant was the Owner, the executors or administrators of the Annuitant's estate will be the Beneficiary. Unless otherwise provided, payment will be made in equal shares to those benefi- ciaries entitled to receive the proceeds. CHANGE OF OWNERSHIP OR BENEFICIARY You may change the Owner or any Beneficiary b%- iorrtten request during the Annui- tant's lifetime. The change will take effect as of the date the request is signed if we acknowledge receipt in writing, whether or not you or the Annuitant is living at the time of acknowledgment- The change will be subject to anv assignment, and to any payment made or action taken by us before acknowledgment. too in DMS3SSV YV.L 3Q ti96909LLTL YVA T£t60 OT/90/ZO" PAYMENT OF ['ROOF BEFORE PAYMENT PROCEEDS We have the right to require proof: of the correct age of the Annuitant before making the first Annuity Benefit payment; and 2. that the Annuitant is living; on the date each Annuity Benefit payment is payable. Payment to the Beneficiary will be made only if we receive proof, satisfactory to us, of the Annuitant's death. INCONTEST- INCONTESTABILITY ABILITY We will not contest this policy. GENERAL YOUR POLICY CONTRACT Your policy is issued in consideration of the application and the payment of the PROVISIONS single premium. A copy of the application is attached. All statements made in the application are representations and not warranties. No statement made by or on behalf of the Annuitant will be used by us to rescind this policy, or defend a claim under it, unless it is in the application. Any additional agreements ire shown on page 3. These agreements are attached to and made a part of this police. This policy and the applic,aior contain the entire contract between you and us. WAIVER No waiver nor agreement to change any provision of this policy will be valid unless made in writing by our President, Vice President, Secretary or Assistant Secretary. MISSTATEMENT OF AGE OR SEX If the age or sex of the Annuitant has been misstated, any proceeds will be adjusted to that amount which the premium paid would have purchased at the correct age and sex. Age refers to the Annuitant's age nearest birthday on the Date of Issue. ASSIGNMENT Your policy may be assigned. We will not be on notice of any assignment until a duplicate of the original assignment is filed at our Home Office. We assume no responsibility for the validity or effect of any assignment, and may rely solely on the assignee's statement of interest. The proceeds of this policy will be subject first to the interest of an assignee, to whom payment will be made only in one sum- ANNNERSARIES Months, years and their anniversaries will be computed from the date the first Annuity Benefit payment is to be made. NONPARTICIPATING Your policy is not eligible for dividends. f9.A@[Ml Soo n 6 INKSHSSV %V,L 3Q VRP909LLTL %Vd TV:60 OT/40/90 LIBERTY LIFE ASSURANCE COMPANY OF BOSTON AMENDATORY AGREEMENT MODIFICATION OF POLICY This poli cy is changed as follows: The provision entitled PREMIUM REFUND AT DEATH is hereby deleted. THIS AGREEMENT AND THE POLICY This Agreement is made a part of your policy if we have listed it on page 3. The values and div- idends in the policy will not be increased by this Agreement. EFFECTIVE DATE This Agreement is effective on the Date of Issue shown on page 3 of this policy. PRESIDENT PLA-8194 9001M iNKSHSSV XV,L 0Q M909LLTL XV3 1£:60 OT/50/ZO LIBERTY LIFE ASSURANCE COMPANY OF BOSTON ANNUITY APPLICATION PART 1 N P3-001 189 N2 100043 1. Annuitant (first, middle initial, last): 10. Additional Benefits (Complete PART IA): Zoe Mulhollan ? Waiver of Premium ? Other 2. Birth Date: 3. Insurance Age: 4. Sex: 1 l . N Yes ? No Is Annuitant's health such as to warrant a rea- Month Day Year b Male sonable expectation of life? IO 5 88 Female 12. ? Yes B No Is this Annuity intended to replace or change. " in whole or in part, any existing life insur- 5. Name of Owner (if no other Owner is designated, the Annuitant will ance, including U.S.Government Life lnsur- be the Owner): ance, or Annuity in this or another company? Keyport Life Insurance Company If 'yes;' give company, plan and amount: 6. (a) Owner's Social Security or Tax Identification Number: 13. Name (first, middle initial, last) of (b) Annuitant's Social Security Number: Beneficiary and relationship to Annuitant: Estate of Zoe Mulhollan 7. Premium Payor's name and address (street, city, state, zip code): Keyport Life Insurance Company 235 Promenade Street RMidence, RI 02908 14. S_ has been paid in exchange 8. Plan of annuity: I sPIA for the Receipt bearing the same number as this Application. . 9. If this is a Flexible Premium Annuity show: (a) Frequency of Premium Reminder ?A CS [I Q ?M ?PAC (b) Anticipated amount of each Premium payment (c) Amount of First Premium to be excluded from Waiver of 15. Other instructions: $20,000. will be paid on October 5, 2006 and every year there- after through October 5, 2009. Also 4 lump sums will be paid as follows: (1) $15,000• on October 5, 2006. (2) $17,500. on October 5, 2009. (3) $25,000. on October 5, 2013. Premium Benefit calculation $ (4) 840,000. on October 5, 2018. (Deposit Premium less modal premium). I ALL PAYMENTS ARE GUARANTEED. l7. I declare that all statements and answers in all Parts of this Application are. true and complete to the best of my knowledge and belief. I agree that they will form the basis for, and be a part of, any Annuity contract issued by the Company. I also agree that: (a) No Sales Representative or Medical Examiner has the authority to: (I) determine insurability; (2) waive any rights or requirements of the Company; or (3) make or modify any Annuity contract. Nn information acquired by any such person will bind the Company unless it has been set out in writing in a Part of this Application. (b) No change as to age, amount, benefits, classification, or plan of Annuity will take effect unless agreed to in writing by the Applicant. However, acceptance of any policy issued on the basis of this Application will be a ratification by the Applicant of any other corrections, modifications, or additions made by the Company in Question #16 above. (c) Any payment submitted with this Application will be applied to pay the first premium of the policy applied for. If no policy is issued, the Company's only liability will be to refund the payment. Dated at oil and State Keypon Life Insurance Cdcl pang By. Q Witness LOO ?j JIKMSHSSV XV1 3a V9t908L1TL YVA Z£:60 OT/50/ZO GALAHER SETTLEMENTS AND INSURANCE SERVICES COMPANY, INC. MEMO: LIBERTY LIFE ASSURANCE COMPANY OF BOSTON RE: ANNUITANT: POLICY NUMBER: ATTORNEY: Zoe MulhoHan NP3-001189 Richard Angino Law Office of Richard Angino 4503 North Front Street Harrisburg„ PA 17055 ANNUITY PAYMENTS SHOULD BE MAILED DIRECTLY TO: Zoe Mulhollan RRI, Box 185 Ickesburg, PA 17037 HEYPORT LIFE INSURANCE COMPANY BY: DATE: e 800 q? INKSHSSV %V1 oQ v86909LLTL xvA zv:60 OT/90/ZO 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 06 ABSOLUTE ASSIGNMENT AGREEMENT (THE "AGREEMENT") February 1s, 2010 I, Zoe E. Mulholian alkla Zoe Mulhollan, Cl', "Me" or `Assignor") residing at 1109 Yvdrdon Drive Apt 87 Camp Mill, PA 17011-1286 am entitled to Lump sum payments as follows: $25,000.00 due on October 5, 2013 and $40,000 00 due on October 5, 2018. (the "Periodic Payments") on account of the settlement of ascertain personal injury claim, the settlement of which is memorialized in that certain settlement agreement (the " $attiement Agreement"). The Periodic Payments are due to me from Sun Life Assurance Company of Canada (WS) (the 'Settlement Obligor') under the terms of the Settlement Agreement and are being funded by an annuity issued by Liberty Life Assurance Company of Boston (the "Annuity Issuer") bearing annuity contract number NP3-0011$9. A I hereby sell, assign and convey to Settlement Funding, L.L.C. (the "Assigned") 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: One lump sum payment of $25,000.00 due on or about October b, 2013 (the 'Assigned PayrnentsJ; and In consideration for this assignment, Assignee shall pay to me the sum of: $12,700.09 (the "Assignment Price") 8. i hereby make the following unconditional representations, warranties and prorhtses: 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 would affect in any way either thei assignment of the Assigned Payments referenced above or Assignee's absolute rights to receive slime. 3. 1 agree to conduct my affairs so as to ensure that Assignee obtains all of the benefits of the assignment contemplated hereby. C, I agree that the following shall be considered an event of default by me under this Absolute Assignment Agreement: 1. The representations set forth in Paragraphs B 1 and 8 2 above are at any time not true, 2. Failure by me to perform the promise set forth In Paragraph B 3 above.' 3. Failure by the Settlement Obligor or the Annuity Issuer to make any !one or more of the Assigned Payments as a result of any act by me, my estate or any of my heirs. 4, Failure by the Settlement Obligor or Annuity Issuer to forward one or more Assigned Payments to Assignee as a result of any act by me, my estate or any of my heirs. 5 Failure by me to forward promptly to Assignee any Assigned Paymr'nt received by me from the Settlement Obligor or the Annuity Issuer. a. Failure by me to fulfill any other obligation of mine under this Agreement D. The following are conditions precedent to Assignee's obligation to pay me the Assignment Price: 1. Assignee shall be satisfied, in its sole discretion, that there are no claiVns or interests of any kind or nature whatsoever that do or may affect Assignee's rights to or interest in the Assigned Payments and Assignee's ability actually to receive some on the dates and in the amounts set forth herein 2. Assignee shall have received a final non-appealable court order, or a signed acknowledgment from Settlement Obligor and the Annuity Issuer satisfactory to Assignee in its sole discretion (such court order or acknowledgement together are hereinafter referred to as the "Order'), authorizing the transfer by assignment of the Assigned Payments (which may continue to be made out to my name) to Assignee, and directing that the Periodic Payments due on or after the day of the Order be forwarded, or authorizing the forwarding of the periodic Payments, direbtly to Assignee. 3. Assignee shall have received final financing approval from applicable funding source(s). E. Under this Agreement and only to the extent permitted by law Assignee and I intend to create a security interest under Article 9 of the Uniform Commercial Code of the stage designated In Paragraph F below, in my fights to and interest in the Assigned Payments, which rights have been assigned to Assignee as General Intangibles under Article 9 of the Uniform Commercial Code of the state designated In Paragraph F below. This Agreement Exhibit B 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 07 shall also function as a security agreement. This security Interest secures payment of the rights assigned and performance of my obligations under Paragraph 6 above. Assignee may direct any occount debtor, obligor on an instrument, including, without limitation, the Settlement Obligor or Annuity Issuer, to make periodic payments directly to Assignee as contemplated by the Uniform Commercial Code. Assignee may fife a UCC-1 financing statement to perfect Its rights hereunder. P Except as otherwise required by applicable statutory law, this Agreement shall be governed by and interpreted in accordance with the law of the state of residence of the Assignor on the date of this Agreement. ARBITRATION Any and all controversies, dalms, disputes, rights, Interests, suits or causes of action arising out of or relating to this Agreement and the negotiations related thereto, or the breach thereof, shall be bettled by binding arbitration administered by the American Arbitration Association. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association offices in-your state of residence. The arbitration shah be held in the largest city in your state of residence. The arbitration: shall be held before a single arbitrator selected In accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time that the demand for arbitration Is tiled, Discovery, specifically including interrogatories, production of documents and depositions shall be at the discretion of the arbitrator and to the extent permitted shall be conducted In accordance with, and governed by the Federal Rules of Civil Procedure A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event, shall the demand for arbitration be made after the date when Institution of legal or equitable proceedings based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent of the parties hereto, containing a specific reference to this Agreement and signed by the entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim. dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof, Such arbitrator shah identify th6 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 regarlding the transfer of structured settlement payments In such case any disputes between the parties will be governed in accordance with the laws of the domicile state of the payee and the domicile state of the payee is the proper' venue to bring any cause of action arising out of a breach of the agreement, G, I hereby grant to Assignee an Irrevocable Power of Attorney with full powers of substitution to do all acts and things that I might do regarding the Assigned Payments and any and all rights I have under the Settlement Agreement with respect to the Assigned Payments, including, without limitation, the power to endorse checks, drafts or other instruments, the power to alter, edit and change payment Instructions and/or beneficiary designations and any other act which, in the sole discretion of Assignee as my Attorney-in-Fact is necessary or expedient for it to obtain all of the benefits of the bargain contemplated by this transaction. This power of attorney is coupled with an interest and shall survive my death or disability- H. In the event that prior to the consummation of the transaction contemplated hereby I receive any of the Assigned Payments, or any portion thereof, the Assignment Price shall be reduced in like amount and the terms of this Agreement regarding the payments to be assigned shall be deemed to be adjusied accordingly. In the event Assignee receives or otherwise comes into possession of any of the Periodic Payments) or portion(s) thereof which are not included in the payments being absolutely assigned to Assignee hereunder,, Assignee shall forward such amount(s) to me at the address set forth above within seven (7) days of receipt of such amount(s). 01/03/2010 07:13 17178321084 APLUSABSTPACT PAGE 08 I Assignee shall be entitled to discharge any adverse claims against Assignor or any of the Assigned Payments whether or not such adverse claims are disclosed- Assignee may, provided Assignee fumishes prior written notice to Assignor, pay any and all amounts necessary or, If the Assignment Fyrice has been deposited into an escrow account, instruct the escrow agent to pay any and all amounts necessary to' discharge such liens or other adverse claims, and the Assignment Price shall be reduced by the amount of any such payment. Adverse claims may Include disclosed amounts to be deducted by Assignee from the Assignment Prig to pay Assignee, as servicer for Peachtree Finance Company, LLC, to enable Assignor to obtain Peachtree Finances Company, LLC's release of Its encumbrance on a portion of the Assigned Payments, which portion of Assigned 124ments relate to prior transfer transaction(s) consummated prior to the effective date of the applicable transfer act(s);which encumbrance must be released for the transaction contemplated herein to be consummated J I know that it will take some time for the Settlement Obligor and the Annuity issuer to receive and process the court order once it is granted I would like to receive the Assignment Price or h portion thereof as soon as possible thereafter Accordingly, I hereby request Assignee to pay me a portion of the Assignment Price as soon as possible after the court order is granted and authorize Assignee to hold In escrow an amount it deems necessary or advisable from the Assignment Price (the "Escrow Amount") until all conditions pricedent have been satisfied, Including, without limitation, the receipt by Assignee of the Settlement Obiigar and the Annuity Issuer's acknowledgment of the terms of the court order in writing and their agreement to honor and comply with some At such time or earlier as Assignee may determine. I understand that Assignee will send the Escrow Amount to me minus any Assigned Payments that the Annuity Issuer and/or Settlement Obligor se6t to me while the Settlement Obligor and the Annuity Issuer were processing the court order K This Agreement shall take effect on the date It is signed by me (the Assignor) or on such later date prescribed by applicable statutory law L. All disclosure statements are a material part of this Agreement and shall be read in par) mateda herewith. In witness whereof I hereunto set my hand. STATE OF N hVi 2 ,el VOL n Ck COUNTY OR CITY OF 6r?Qr• c ?- Zoe E. Mulholian alkla a ulho an On the _J111 day of f-kitw x w; , In the year OR before me, the undersigned, personally appeared Zoe I- Mulhollan, personally known to his or proved to me on the basis of ittisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within Instrument, and aclmow(edged to me that helshelthey executed the same in hismerAheir capecity(les), and that by hismer/their signatUre(s) on the instrument, the individual(s), or the person upon behalf of which the Individual(s) acted, executed the instrument Notary My Commission expires on f ~ 2. a ` Z9 I I Accepted: SetHQ a rrding, L.L.C. Datep i _ PLEASE DO NOT SIGN THIS DOCUMENT iJNTIL OV1512010 COMMONWEALTH OF PENNSYL AN No*bl Seal CM 0. Robkmm B IVO17vy Public pskivu M, Uft" 0=* WCara mn Exwa sJan 71 Pennsylvania Assooiatfon of Notaries 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION OF SETTLEMENT ) FUNDING LLC d/b/a PEACHTREE ) SETTLEMENT FUNDING TO ) No. TRANSFER STRUCTURED ) SETTLEMENT PAYMENT RIGHTS } Payee's Affidavit in Support of Petition to Transfer Structured Settlement Rights I, Zoe E. Mulhollan a/k/a Zoe Mulhollan, the payee, verify that the statements below are true and correct: I. Payee's name, address and age: Zoe E. Mulhollan a/k/a Zoe Mulhollan residing at 1109 Yverdon Drive Apt B7 Camp Hill, PA 17011-1286 and 1. am 21 years old. 2. Marital Status: X Never Married; Married; Separated; . Divorced If married or separated, name of spouse: 3. Minor children and other dependents: Names, ages, and places of residence: N/A 4. Income: (a) payee's monthly income and sources: I am currently em¢loyed as a receptionist for_Chic Hair Designs earning $1,200.00 a month. I will also receive payment from my structured settlement in the amount of $40.000.00 October' 201 S. (b) If presently married, spouse's monthly income and sources: Exhibit C 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 10 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: d. 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 edurt, the case caption and case number, and state whether the court approved or disapproved the transfer: (b) If the transfer was approved, (i) State the name of the transferee and identify (listing dire dates and payment amount(s), the payments involved in the transfer: (ii) State the amount of money and the manner in which, tl:e money was used: (c) Have you ever transferred payments without court approval? No. If so, please explain: 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 11 7. Reasons for transfer: I. 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: My finance and I have started a nhotognhx company called Executive Images and would like to use $7,500.00 from these proceeds to expand our business which will include purchasing upgraded photogranhy equipment including mobile backgrounds mobile lights and mfessional grade camera and lenses. Since we are exnanding we will need to move into a larger apartment. Therefore, I would like to use 13,000 00 to nay for the first month last month an security deposit on a townhouse in the Camp Hill, Pennsylvania area that will accommodate our business. Sale of a lesser amount will not allow me to Each this oatz 1 Without the proceeds from this transaction, I lack the resources to accomplish this goal and improve my overall standard of living. Therefore. I have decided to pursue this transaction with Peachtree S. Payment of debts: If you seek the transfer in order to pay debts, list each debt, including the name of the creditor and the amount presently owed: Debt Creditor Amount Owed 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 12 Verification I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.$. §4904, relating to unsworn falsification to authorities. DATE: 2?,shn Q Toe E. Mulhollan ?MA6ulhollan 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 36 PE,,NNSYLVANIA TRANSFER DISCLOSURE Payee: Zoe E. Mulhollan alkla Zoe Mulhollan; resident of: PA A. Amounts and due dates of the structured settlement payments to be transferred: One lumpsum payment of $25,000.00 due on or about October 5, 2013 B. Aggregate amount of such payments: $23,000.00 0. (1) Discounted present value of such payments: $22,078.62 (2) The discount rate used in determining such discounted present value: 3.40 percent as of February 5, 2040. D. Gross amount payable to the Payee in exchange for such payments: $12,700.05 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: $10,500.09 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: 47.66° H. Amount of any penalty and the aggregate amount of any liquidated damages, inclusive of penalties, payable by the Payee in the event of any breach of the transfer agreement by the Payee: NONE, I. An estimate of the Administrative fee(s) being charged by the Annuity Owner and or the Annuity Issuer to be paid by the transferee (not the consumer) as a result of the transfer: Liberty Life Assurance Company of Boston - $500.00 Exhibit D 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 37 Payee acknowledges receipt of, and acknowledges to have read and understood, the above disclosure statement and information required to be disclosed by Payee's applicable state statute(s), Initials: By signing below you are confirming that you received a copy of this disclosure at least 10 days prior to executing your transfer agreement. At., Zoe E. Mulholla n /k/a Zoe Mulhollan Der 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 32 D T SFE DISCLOSURE -IMMRE Payee: Zoe E. Mulhollan alkle Zoe Mulhollan; resident of: PA A. Amounts and due dates of the structured settlement payments to be transferred: One lumpsum payment of $25,000.00 due on or about October 6, 2013 B. Aggregate amount of such payments; $25,000.00 C. Discounted present value of the payments: $22,078.62; determined by applying the most recently published (discount) rate of 3.40% as of February 5, 2010. D. Gross amount payable to the Payee in exchange for such payments: $12,700.09 E. Itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses and charges payable by 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: $10,600.09 minus any advances made to the Payee or on Payee's behalf, or claims satisfied, against the amount payable to Payee. 0. Quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments: 4746% H. Amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the Payee in the event of any breach of the transfer agreement by the Payee: NONE 1. An estimate of the Administrative fee(s) being charged by the Annuity Owner and or the Annuity Issuer to be paid by the transferee (not the consumer) as a result of the transfer: Liberty Life Assurance Company of Boston - $600.00 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 33 Payee acknowledges receipt of, and acknowledges to have read and understood, the above disclosure statement and information required to be disclosed by Payee's applicable state statute(s). Initials: By signing below you are confirming that you received a copy of this disclosure at least 10 days prior to executing your transfer agreement. Zoe E. Mulhollan a/k/a Zoe Mulhollan r0 D e 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 34 MASSACHUSETTS TBANAFgB Q#§CLOSUR'E Payee: Zoe E. Mulhollan alkla Zoe Mulhollan; resident of: PA A. Amounts and due dates of the structured settlement payments to be transferred: One lumpsum payment of $25,000.00 due on or about October 5, 2013 B. Aggregate amount of the payments: $20,000.00 C. Discounted present value of the payments: $22,078.62; determined by applying the most recently published (discount) rate of 3.40% as of February 5, 2010. D. Gross amount payable to the Payee in exchange for such payments: $12,700.09 E. Itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, referral fees, administrative fees, 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 the Payee after deduction of all commissions, fees, costs, expenses and charges described above: $10,600.09 minus any advances made to the Payee or on Payee's behalf, or claims satisfied, against the amount payable to Payee. G. The net amount that you will receive from us in exchange for your future structured settlement payments represent 47.56% of the estimated current value of the payments. H. Based on the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are turning over to us, you will, in effect, be paying Interest to us at a rate of 26.29% per year. I. Amount of any penalty and aggregate amount of any liquidated damages, including penalties payable by the Payee In the event of a breach of the transfer agreement by the Payee: NONE 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 35 J. An estimate of the Administrative fee(s) being charged by the Annuity Owner and or the Annuity Issuer to be paid by the transferee (not the consumer) as a result of the transfer: Liberty Life Assurance Company of Boston - $500.00 Payee acknowledges receipt of, and acknowledges to have read and understood, the above disclosure statement and information required to be disclosed by Payee's applicable state statute(s). Initials: By signing below you are confirming that you received a copy of this disclosure at least 10 days prior to executing your transfer agreement. &,, Zoe E. Mulhollan alk/a Zoe Mulhollan 2&Vza „ Dater 01/03/2010 07:13 17178321084 APLUSABSTRACT PAGE 38 NOTICE (PA] Payee: Zoe E. Mulhoilan alkla Zoe Mulhollan 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 40 days prior to executing your transfer agreement. Zoe E. Mulhollan "aAda Zoo Mulhollan Datfi Exhibit E 26 USCA § 5891 26 U.S.C.A.§ 5891 I.R.C. § 5891 UNITED STATES CODE ANNOTATED TITLE 26. INTERNAL REVENUE CODE SUBTITLE E--ALCOHOL TOBACCO AND CERTAIN OTHER EXCISE TAXES CHAPTER 55--STRUCTURED SETTLEMENT FACTORING TRANSACTIONS Copr. © West Group 2002. No claim to Orig. U.S. Govt. Works. Current through P.L. 107-136, approved 1-24-02 § 5891. Structured settlement factoring transactions Page 1 (a) Imposition of tax.--There is hereby imposed on any person who acquires directly or indirectly structured settlement payment rights in a structured settlement factoring transaction a tax equal to 40 percent of the factoring discount as determined under subsection (c)(4) with respect to such factoring transaction. (b) Exception for certain approved transactions.-- (1) In general.--The tax under subsection (a) shall not apply in the case of a structured settlement factoring transaction in which the transfer of structured settlement payment rights is approved in advance in a qualified order. (2) Qualified order.--For purposes of this section, the term "qualified order" means a final order, judgment, or decree which-- (A) finds that the transfer described in paragraph (1)-- (i) does not contravene any Federal or State statute or the order of any court or responsible administrative authority, and (ii) is in the best interest of the payee, taking into account the welfare and support of the payee's dependents, and (B) is issued-- (i) under the authority of an applicable State statute by an applicable State court, or (ii) by the responsible administrative authority (if any) which has exclusive jurisdiction over the underlying action or proceeding which was resolved by means of the structured settlement. (3) Applicable State statute.--For purposes of this section, the term "applicable State statute" means a statute providing for the entry of an order, judgment, or decree described in paragraph (2)(A) which is enacted by-- (A) the State in which the payee of the structured settlement is domiciled, or (B) if there is no statute described in subparagraph (A), the State in which either the party to the structured settlement (including an assignee under a qualified assignment under section 130) or the person issuing the funding asset for the structured settlement is domiciled or has its principal place of business. (4) Applicable State court.--For purposes of this section-- (A) In general.--The term "applicable State court" means, with respect to any applicable State statute, a court of Copr. © West 2002 No Claim to Orig. U.S. Govt. Works . Mi Exhibit F 26 USCA § 5891 26 U.S.C.A. § 5891 the State which enacted such statute. Page 2 (B) Special rule.--In the case of an applicable State statute described in paragraph (3)(B), such term also includes a court of the State in which the payee of the structured settlement is domiciled. (5) Qualified order dispositive: -A qualified order shall be treated as dispositive for purposes of the exception under this subsection. (c) Definitions.--For purposes of this section-- (1) Structured settlement.--The term "structured settlement" means an arrangement-- (A) which is established by-- (i) suit or agreement for the periodic payment of damages excludable from the gross income of the recipient under section 104(a)(2), or (ii) agreement for the periodic payment of compensation under any workers' compensation law excludable from the gross income of the recipient under section 104(a)(1), and (B) under which the periodic payments are-- (i) of the character described in subparagraphs (A) and (B) of section 130(c)(2), and (ii) payable by a person who is a party to the suit or agreement or to the workers' compensation claim or by a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with section 130. (2) Structured settlement payment rights.--The term "structured settlement payment rights" means rights to receive payments under a structured settlement. (3) Structured settlement factoring transaction.-- (A) In general.--The term "structured settlement factoring transaction" means a transfer of structured settlement payment rights (including portions of structured settlement payments) made for consideration by means of sale, assignment, pledge, or other form of encumbrance or alienation for consideration. (B) Exception.--Such term shall not include-- (i) the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution in the absence of any action to redirect the structured settlement payments to such institution (or agent or successor thereof) or otherwise to enforce such blanket security interest as against the structured settlement payment rights, or (ii) a subsequent transfer of structured settlement payment rights acquired in a structured settlement factoring transaction. (4) Factoring discount.--The term "factoring discount" means an amount equal to the excess of-- (A) the aggregate undiscounted amount of structured settlement payments being acquired in the structured settlement factoring transaction, over (B) the total amount actually paid by the acquirer to the person from whom such structured settlement payments are acquired. (5) Responsible administrative authority.--The term "responsible administrative authority" means the Copr. 0 West 2002 No Claim to Orig. U.S. Govt. Works 26 USCA § 5891 Page 3 26 U.S.C.A.§ 5891 administrative authority which had jurisdiction over the underlying action or proceeding which was resolved by means of the structured settlement. (6) State.--The term "State" includes the Commonwealth of Puerto Rico and any possession of the United States. (d) Coordination with other provisions.-- (1) In general.--If theapplicable requirements of sections 72, 104(a)(1), 104(a)(2), 130, and 461(h) were satisfied at the time the structured settlement involving structured settlement payment rights was entered into, the subsequent occurrence of a structured settlement factoring transaction shall not affect the application of the provisions of such sections to the parties to the structured settlement (including an assignee under a qualified assignment under section 130) in any taxable year. (2) No withholding of tax.--The provisions of section 3405 regarding withholding of tax shall not apply to the person making the payments in the event of a structured settlement factoring transaction. CREDIT(S) 2002 Pocket Part (Added Pub.L. 107-134, Title 1, ?I 15(a), Jan. 23, 2002, 115 Stat. 2436.) <General Materials (GM) - References, Annotations, or Tables> HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 2002 Acts. Statement of President, see 2001 U.S. Code Cong. and Adm. News, p. 1812. Effective and Applicability Provisions 2002 Acts. Pub.L. 107-134, Title I, § I I5(c), Jan. 23, 2002, 115 Stat. 2438, provided that: "(1) In general.--The amendments made by this section [enacting this chapter] (other than the provisions of section 5891(d) of the Internal Revenue Code of 1986, as added by this section [26 U.S.C.A. § 5891(d)]) shall apply to structured settlement factoring transactions (as defined in section 5891(c) of such Code (as so added) [26 U.S.C.A. § 5891(c)]) entered into on or after the 30th day following the date of the enactment of this Act [Jan. 23, 2002]. 11(2) Clarification of existing law.--Section 5891(d) of such Code (as so added) [26 U.S.C.A. § 5891(d)] shall apply to structured settlement factoring transactions (as defined in section 5891(c) of such Code (as so added) [26 U.S.C.A. § 5891(c)]) entered into before, on, or after such 30th day. "(3) Transition rule.--In the case of a structured settlement factoring transaction entered into during the period beginning on the 30th day following the date of the enactment of this Act [Jan. 23, 20021 and ending on July 1, Copr. 0 West 2002 No Claim to Orig. U.S. Govt. Works 26 USCA § 5891 Page 4 26 U.S.C.A.§ 5891 2002, no tax shall be imposed under section 5891(a) of such Code [26 U.S.C.A. § 5891(a)] if-- "(A) The structured settlement payee is domiciled in a State (or possession of the United States) which has not enacted a statute providing that the structured settlement factoring transaction is ineffective unless the transaction has been approved by an order, judgment, or decree of a court (or where applicable, a responsible administrative authority) which finds that such transaction- 11(i) does not contravene any Federal or State statute or the order of any court (or responsible administrative authority); and "(ii) is in the best interest of the structured settlement payee or is appropriate in light of a hardship faced by the payee; and "(13) the person acquiring the structured settlement payment rights discloses to the structured settlement payee in advance of the structured settlement factoring transaction the amounts and due dates of the payments to be transferred, the aggregate amount to be transferred, the consideration to be received by the structured settlement payee for the transferred payments, the discounted present value of the transferred payments (including the present value as determined in the manner described in section 7520 of such Code [26 U.S.C.A. § 7520]), and the expenses required under the terms of the structured settlement factoring transaction to be paid by the structured settlement payee or deducted from the proceeds of such transaction." 26 U.S.C.A.§ 5891 26 USCA § 5891 END OF DOCUMENT Copr. © West 2002 No Claim to Orig. U.S. Govt. Works IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION IN RE: PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS OF ZOE E. MULHOLLAN A/K/A ZOE MULHOLLAN No. CERTIFICATION OF COMPLIANCE I, ROBERT L. MONKS, Attorney for the Transferee, hereby represent to the best of my knowledge, information and belief, formed after reasonable inquiry, that the transfer will comply with the requirements of the Pennsylvania Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, and will not contravene any other federal or state statute or regulation or the order of any court or administrative authority. Respectfully submitted, BY: / r 2x?"'O' Robert L. Monks PA I.D.# 52760 Grant Building, Suite 1200 310 Grant Street Pittsburgh, PA 15219 412-208-0584 Counsel for Transferee, Settlement Funding, LLC Exhibit G FEB 2 5.2m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION IN RE: PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS OF ZOE E. MULHOLLAN AWA ZOE MULHOLLAN No. ?ORDER OF COURT SCHEDULING HEARING DATE 0 -R"161- AND NOW, this I day of y 2010, upon the filing and presentation of the Petition to Transfer Structured Settlement Payment Rights pursuant to the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, it is hereby ORDERED that a hearing thereon is set for the day of , 2010, at Ljt 4.m. in Courtroom S before the Honorable a&a ff . ? The Payee shall bring income tax returns for the prior two (2) years to the hearing. Within seven (7) days, the Transferee shall give at least twenty (20) days 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. Ca ) is e-yta.t LL ` g ? ? ? * b ? cv IIFi• , r t 'L c: NtS?G2.?c` J O v BY THE COURT: C) C N °- r K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN ? is ° PENNSYLVANIA `.-" i "- CIVIL DIVISION aQ ("? N 3 0 IN RE: PETITION TO TRANSFER STRUCTURED ` SETTLEMENT PAYMENT RIGHTS OF y o ZOE E. MULHOLLAN A/K/A ZOE MULHOLLAN No. 10 - 1353 - Civ. ORDER OF COURT RESCHEDULING HEARING DATE AND NOW, this y of March, 2010, it appearing to the Court that a hearing in the above matter had been set for April 14, 2010, and it further appearing to the Court that the Petitioner and Payee have jointly requested an earlier hearing date, it is hereby Ordered, Adjudged and Decreed that the hearing date is now set for the 29`" day of March, 2010, at 1:30 p.m. in Courtroom 5 before the Honorable Albert Masland. The Payee shall bring income tax returns for the prior two (2) years to the hearing. Within seven (7) days, the Transferee shall give at least twenty (20) days 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: ?o?y rhatLsr-L n ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ' PENNSYLVANIA CIVIL DIVISION 73 c)lp IN RE: PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS OF - o ZOE E. MULHOLLAN A/K/A ZOE MULHOLLAN No. 10 - 1353 - Civ. NOTICE OF PROPOSED TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Sun Life Assurance Company of Canada (US) One Sun Life Executive Park, Wellesley, MA 02481 (Settlement Obligor) Liberty Life Assurance Company of Boston 100 Liberty Way, Mail Stop 03A Dover, NH 03820 (Annuity Issuer) Settlement Funding, LLC 3301 Quantum Beach Boulevard Boynton Beach, FL 33426 Attn: Court Order Group (Transferee) Zoe E. Mulhollan a/k/a Zoe Mulhollan 1109 Yverdon Drive, Apt. B7 Camp Hill, PA 17011 (Payee) Please take 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, or through counsel, at a hearing set for March 29, 2010, at 1:30 p.m. in Courtroom 5, before the Honorable Judge Albert Masland. (A copy of the Conformed Order dated March 3, 2010, is included with this notice). 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 Beach Boulevard Boynton Beach, FL 33426 (TIN: 58-2292928) Respectfully submitted, By: Robert L. Monks PA I.D.# 52760 310 Grant Street, Suite 1200 Pittsburgh, PA 15219 412-208-0584 Counsel for Transferee, Settlement Funding, LLC .. 1 1 • CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Notice of Proposed Transfer of Structured Settlement Payment Rights, the Petition to Transfer Structured Settlement Payment Rights and the Transfer Disclosure Statement, and the Order Scheduling a Hearing Date have been served via certified mail, return-receipt requested upon the persons and entities, and at the addresses listed above, this 4th day of March 2010. Respectfully submitted, By: Robert L. Monks PA I.D.# 52760 310 Grant Street, Suite 1200 Pittsburgh, PA 15219 412-208-0584 Counsel for Transferee, Settlement Funding, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION IN RE: PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS OF ZOE E. MULHOLLAN A/K/A ZOE MULHOLLAN No. 10 -1353 - Civ. n p ?? ?2ZT AFFIDAVIT OF SERVICE OF NOTICE OF - PROPOSED TRANSFER, NOTICE OF =- ' - = - FILING OF PETITION AND NOTICE OF HEARING COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) BEFORE ME, the undersigned authority, a Notary Public, this day personally appeared Robert L. Monks, Esquire, to me known, who, being duly sworn according to law, deposes and says that on March 4, 2010, he served true and correct copies of the Petition to Transfer Structured Settlement Payment Rights of Zoe E. Mulhollan a/k/a Zoe Mulhollan including a copy of the Transfer Disclosure, a copy of the Notice of Proposed Transfer of Structured Settlement Payment Rights, and a copy of the Order Scheduling the hearing thereon, via certified mail, return-receipt requested, upon the following: Sun Life Assurance Company of Canada (US) One Sun Life Executive Park Wellesley, MA 02481 (Settlement Obligor) Liberty Life Assurance Company of Boston 100 Liberty Way, Mail Stop 03A Dover, NH 03820 (Annuity Issuer) Page 1 of 2 Mulhollan Affidavit of Service, No. 10 - 1353 - Civ. Copies of the certified mail return-receipts are attached hereto as Exhibit "A." Respectfully submitted, By: Robert L. Monks PA I.D.# 52760 310 Grant Street, Suite 1200 Pittsburgh, PA 15219 412-208-0584 Counsel for Transferee, Settlement Funding, LLC Sworn to and subscribed before me this day of 1)74 ,tY , 2010. zg? 6?-' NOTARY PUBLIC My Commission Expires: COWWONWEALTH OF PENNSYLVANIA WNW Sad Deborah A. Catwk Notary Pubic CAy Of Pb btm#L Aiegly" County W CMVrkebn Eow Dec. 29, 2011 Member, Pennsylvania Assodation of Notaries Page 2 of 2 Mulhollan Affidavit of Service, No. 10 - 1353 - Civ. + ¦ Complete items 1, 2, and 3. Also complete S item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse 1 so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Sun Life Assurance Company of Canada (US) One Sun Life Executive Park t.9f PEI-INAN%141 ?Agent 0 Addressee Roc>aiv v ) .[zARwelivery _ WzY HILLS, MA 024--R, i D. Is delivery address different from item 17 YeA If YES, enter delivery address below: 0 No Wellesley, MA 02481 9. S Ice Type ifild Mail ?O press Mall O Registered FrRetum Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7008 0150 0002 3574 2855 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 i, ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Libery Life Assurance Company of Boston 100 Liberty Way, Mail Stop 0 Dover, NH 03820 A. Signatures X O Agent ? Addressee B. Receiv ( ted Name) C. Date of Delh,ery µr5 1-L-/6 D. Is delivery address different from Rem 1? ? Yes If YES, enter delivery address below: ? No 3. Type ?poce Ce tlfied Mail ? Express Mall ? Registered 11011etum Receipt for Merchan iise 0 Insured Mall 0 C.O.D. 4, Restricted Delivery? (Extra Fee) 13 Yes 2. Article Number 7008 0150 0002 3574 2862 _ (transfer from service khW Ps Form 3811, February 2004 Domestic Return Receipt -''102595-r d Exhibit A