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HomeMy WebLinkAbout10-71504 Maro & Maro, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 Attorney for JG Wentworth Origination, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Joint Petition of JG Wentworth NO: 2010-7150 Civil Originations, LLC and Tracey Deatrick 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, aAmony or alimony pendente lite. o -n -03 r T" 0 © m X A copy of the Notice is attached hereto. M M -) c -- r- Date: November 29, 2010 B 3 +o - Robert A. Maro, Esquire y? N Attorney for JG Wentworth a o Originations, LLC °' -< i NOY 18 2010 Reserved for Court Use. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , - ?l ?? lei ? ? ? RE: Joint Petition of J.G. Wentworth NO: Originations, LLC and Tracey Deatrick : INITIAL ORDER OF COURT 14 On this/ P day of 0014*001 2010, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on 2011, in Courtroom 3 at td 6 o'clock. " -Z 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. 'a . BY THE CO J. 3 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 W `c- THE PRO-?NONO A, .. ri , 2010 DEC I 0 PIS 1: IN THE COURT OF COMMON PLEAS OF C PENNSYLVANIA IN RE: Joint Petition of JG Wentworth Originations, LLC and Tracey Deatrick PRAECIPE TO AMEND AND ATTACH TO THE PROTHONOTARY: COUNTY, NO: 2010-7150 Civil Kindly Amend the Petition filed in this matter by attaching the Texas Disclosure Statement to the Petition which is attached hereto. Date: December 2, 2010 Respectfully Submitted: By: obert aro, Esquire Attorney for JG 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: )O` o_ ?l Originations, LLC and Tracey Deatrick : CERTIFICATE OF SERVICE I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the Praecipe to Amend and Attach has been served upon the following entities via first class mail and/or certified return receipt requested and/or email on : To: Allstate Life Insurance Company Attn. Lisa Sterner, Claims 3100 Sanders Rd., N3 Northbrook, IL 60062 J.G. Wentworth Originations, LLC 40 Morris Avenue Bryn Mawr, PA 19010 Allstate Assignment Company Attn: Lisa Sterner, Claims 3100 Sanders Rd. N3 Northbrook, IL 60062 Date: 0- By: Tracey Deatrick 22 Court Lane Carlisle, PA 17013 Attorney for J.G. LLC Esquire Wentworth Originations, Account D: 478233 November 23, 2010 TEXAS DISCLOSURE STATEMENT We will purchase the following payments (Purchased Payments) from You: A) 1 payment of $5,000.00 on August 1, 2011 B) 1 payment of $5,000.00 on December 1, 2011 C)1 payment of $5,000.00 on August 1, 2012 D) 1 payment of $5,000.00 on December 1, 2012 E) 1 payment of $5,000.00 on August 1, 20131) 1 payment of $5,000.00 on December 1, 2013 G)1 payment of $72,000.00 on September 15, 2016 (The remainder of the page intentionally left blank) Account ID: 478233 November 23, 2010 The aggregate amount of the Purchased Payments is $102,000.00 The discounted present value of the aggregate Purchased Payments at the federal interest rate of 2.00% is $92,927.69. 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 $52,500.00. No other expenses are incurred by You. The net amount payable to the seller (You) is $52,500.00. 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 16.07% 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. Notice of Cancellation Rights: You may cancel without penalty or further obligation, not later than the fifth business day after Your receipt of payment from Us under the transfer agreement (Purchase Contract). Please be advised there are no penalties or liquidated damages payable by You in the event of any breach of the transfer agreement (Purchase Contract) by You. By signing below, You are confirming receipt of this Disclosure Statement at least 3 days prior to You executing the transfer agreement (Purchase Contract). 4TCEY EA CK SIGN HERE V 2009 J.G. Wcntworth Originations, Lf,C -2- MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 FILED-OFFICE OF T11C PROTHoXOTAR`s` 2011 -3 P1 t,: 22 COU'lTy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of J.G. Wentworth : NO:2010-7150-Civil Originations, LLC and Tracey Deatrick , MOTION FOR CONTINUANCE NOW COMES, J.G. Wentworth Originations, LLC by and through its attorney, Robert A. Maro, Esquire and moves for a continuance as follows: 1. The above captioned matter is scheduled for a hearing on the 3rd day of January 2011 at 1:00 p.m., Courtroom 3, before the Honorable Judge Guido. -?J 2. The Moving party for said proceeding is J.G. Wentworth Originations, LLC and Tracey Deatrick, as this is a Joint petition. 3. The other parties in the case are: There are no defendants in this case; this is a joint petition for partial transfer of a structured settlement. 4. The proceeding was scheduled by Initial Order of Court dated November 22, 2010. 5. The proceeding has NOT bee previously continued. 6. A continuance is requested because: a. The annuity Owner and Issuer, Allstate Life Insurance Company and Allstate Assignment Company, by email dated December 28, 2010 at 1:00 p.m. notified J.G. Wentworth Originations, LLC, that at the time Ms. Deatrick originally settled her personal injury action, Ms. Deatrick was a minor and the 23`d Judicial District Court of Wharton County, Texas, approved the minor's compromise. As such, under the Pennsylvania Structured Settlement Protection Act, before we are able to proceed in Cumberland County, PA, Joint Petitioners need to obtain express approval from the 23rd Judicial District Court of Wharton County, prior thereto. Local counsel in Texas is preparing to have the petition filed and scheduled for a hearing. As such, until we obtain an Order from Texas, we cannot proceed in Cumberland County, PA. A copy of the email from the attorneys for the annuity owner and issuer is attached hereto as Exhibit «A„ 7. No interested party objects to the continuance. 8. I hereby certify that if a continuance is granted, I will notify all witnesses who would be appearing at my request and will provide a copy of this Motion to any opposing counsel and unrepresented parties. 9. I specifically request a continuance as follows: a. I would like to have the matter scheduled for late February 2011, early March 2011 to allow time to have a consent petition filed and heard in Texas. Respectfully Submitted: Maro & Maro, P.C. 11-?-q-'-() II) Date BY: t Ebert X. Maro, Esquire /Attorney for J.G. Wentworth Originations, LLC. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 (610) 275-9666(facsimile) r Exhibit "A" oe -Al 5,X Page 1 of 2 Bob Maro From: "jgwinsure" <jgwinsureQgwentworth.com> To: "Bob Maro" <rmaro@maroandmaro.com> Sent: Tuesday, December 28, 2010 1:10 PM Subject: FW: Deatrick, Tracey PA 01.3.11.DOC Bob, The upcoming hearing needs to be continued. We need to seek approval from the underlying court before proceeding. Thanks Victor Burgess J.G. Wentworth P: 484-434-2390 F: 484-434-2379 The preceding e-mail message contains information that is confidential, may be protected by the attomey/dient or other app/icable Pnwleges, and may constitute non public information. It is intended to be conveyed only to the designated iedp/eno). If you are not an intended mciblent of this message, please notify the sender at (115) 567-7660 Unauthorized use, dissemination, distribution, or reproduction of this message is stncdy prohibited and may be unlawful. From: Hopkinson, Ingrid B. [mailto: Ingrid. Hopkinson@dbr.com] Sent: Tuesday, December 28, 2010 1:01 PM To: Theresa Ruane; jgwinsure Subject: RE: Deatrick, Tracey PA 01.3.11.DOC I have reviewed the transfer petition and file materials pertaining to Tracey Deatrick. Kindly note that at the time of the underlying settlement, Ms. Deatrick was a minor. The 23rd Judicial District Court of Wharton County, Texas (the "Texas Court") entered an order approving the minor's settlement. Pursuant to Pennsylvania's transfer act, if the proposed transfer contravenes the terms of the structured settlement (the settlement contains anti-assignment language), then the prior express written approval of the underlying court is required. Kindly confirm that this matter will be continued in order to obtain the express written approval of the Texas Court. Furthermore, the Texas transfer act is triggered. Kindly provide me with a copy of the Texas disclosure signed by Ms. Deatrick. Thank you, Ingrid From: Theresa Ruane [mailto:truane@jgwentworth.com] Sent: Tuesday, December 14, 2010 10:44 AM To: Hopkinson, Ingrid B. Subject: Deatrick, Tracey PA 01.3.11.DOC Attached is the Drafted stipulation and order for Tracey Deatrick. Hearing is set for 01.3.11. Thanks! Disclaimer Required by IRS Rules of Practice: Any discussion of tax matters contained herein is not intended or written to be used, and cannot be used, for the purpose of avoiding any penalties that may be 12/29/2010 I %I imposed under Federal tax laws. ********************************** This message contains information which may be confidential and privileged. Unless you are the intended addressee (or authorized to receive for the intended addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender at Drinker Biddle & Reath LLP by reply e-mail and delete the message. Thank you very much. *********************************** Page 2 of 2 3 MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 OF T+c ±L RO THONoTARY 201 9',f., -; P-; ): 19 CUM9K??_ t±.-1;t?T C0 P%TY 'JAN 0 4 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of J.G. Wentworth : NO:2010-7150-Civil Originations, LLC and Tracey Deatrick AMENDED INITIAL ORDER OF COURT AND NOW, this 4+4 day of ?!O? 2011 , upon consideration of the attached motion for continuance by J.G. Wentworth Originations, LLC: The Motion is denied. The Motion is Granted and the Joint Petition for Partial Transfer of Structured Settlement scheduled for January 3, 2011 at 1:00 p.m. before the Honorable Judge Guido is hereby continued until it" ? , 2011 at /4006 )0--M_, Courtroom The Moving Party shall promptly notify all interested parties of this Order. All other terms and conditions of the original initial order of court shall remain in effect ?"?o6er+ A .Mara ; > MQJI? Dw BY T URT: J. Maro & Maro, P.C. FILE-0-OFFICE By: Robert A. Maro, Esquire OF THE PROTHONOTAR`r Attorney I.D. No.: 89585 1115 W. Main Street 2011 ?'', ? 12 Norristown, PA 19401 ?? T Y (610) 275-9600 Attorney for JG Wentworth Ori?,?, ; IN THE COURT OF COMMON PLEAS OF CUMBERL 00m v, PENNSYLVANIA IN RE: Joint Petition of JG Wentworth NO: 2010-7150 Civil Originations, LLC and Tracey Deatrick CERTIFICATE OF SERVICE I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the Amended Initial Order of Court was served upon the Payee, The Structured Settlement Obligor, The Annuity Issuer, the Payee's Spouse and any person receiving child support, alimony or alimony pendente lite. A copy of the Notice is attached hereto. Date: January 13, 2011 By- Robert A. Maro, Esquire Attorney for JG Wentworth Originations, LLC J 'JAN 0 4 2011 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:2010-7150-Civil Originations, LLC and Tracey Deatrick AMENDED INITIAL ORDER OF COURT AND NOW, this 4+0 day of 2011 V upon consideration of the attached motion for continuance by J.G. Wentworth Originations, LLC: The Motion is denied. ?_ The Motion is Granted and the Joint Petition for Partial Transfer of Structured Settlement scheduled for January 3, 2011 at 1:00 p.m. before the Honorable Judge Guido is hereby continued until /M" 2011 at /-"06 )0 M , Courtroom , The Moving Party shall promptly notify all interested parties of this Order. All other terms and conditions of the original initial order of court shall- remain in effect BY THE-COURT , r J. TWA, CO" F*= PAWRD 1R any -- t bratuntD W nW tend iii, o - at aw"is. Pa. N" d 20i t cq, C. Proftnolwy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of J.G. Wentworth No. 2010-7150 Civil Originations, LLC and Tracey Deatrick ^?4 FINAL ORDER AND NOW, this a? day of March, 2011, it is ordered that the Petition to Transfer Structured Settlement Payments Rights is granted. The Court specifically finds that: The payee, Tracey Deatrick a/k/a Tracey L. Deatrick ("Ms. Deatrick"), has established that the transfer is in the best interest of Ms. Deatrick and her dependents, if any, taking into account the welfare and support of her dependents, if any. 2. Based on the certification by an attorney for the transferee, J.G. Wentworth Originations, LLC ("Wentworth"), and the Court having not been made aware of any statute, regulation, or order that would be incompatible with the proposed transfer, the transfer will not contravene any applicable federal or state statute or regulation, or the order of any courts or responsible administrative authority, or any applicable law limiting the transfer of workers' compensation claims. 3. The transfer complies with the remaining requirements of the Pennsylvania Structured Settlement Protection Act, 40 P.S. § 4001 et seq., including sections 4003(a)(2), 4003(a)(4), 4003(a)(5), and 4003(a)(6). ' The Court has reviewed and considered the Order dated December 10, 2004 of the 23rd Judicial District Court of Wharton County, Texas (the "Texas Court"), a copy of which is attached hereto as Exhbit "A," approving the underlying structured settlement. In accordance with 40 P.S. § 4003(a)(5), Wentworth has attempted to obtain the required express written approval of the Texas Court; however, the Texas Court has asserted it does not have jurisdiction to provide such express written approval. BE01/ 745650.2 Based upon the foregoing findings, IT IS HEREBY ORDERED that: 1. The payments that are to be transferred are designated as follows: annual payments each in the amount of $5,000.00, beginning on August 1, 2011 through and including August 1, 2013; annual payments each in the amount of $5,000.00, beginning on December 1, 2011 through and including December 1, 2013; and one lump sum payment of $72,000.00 due on September 15, 2016 (the "Assigned Payments"). 2. The annuity issuer, Allstate Life Insurance Company ("Allstate Life"), shall forward the Assigned Payments, within 7 days of the date due, by check made payable to "J.G. Wentworth Originations, LLC," at P.O. Box 83364, Woburn, MA 01813-3364, as follows: annual payments each in the amount of $5,000.00, beginning on August 1, 2011 through and including August 1, 2013; annual payments each in the amount of $5,000.00, beginning on December 1, 2011 through and including December 1, 2013; and one lump sum payment of $72,000.00 due on September 15, 2016. 3. The terms of this Order shall survive the death of Ms. Deatrick and shall be binding on Ms. Deatrick's heirs, beneficiaries and assigns, and her death shall not affect the right of Wentworth to receive the Assigned Payments. 4. In the event Wentworth further assigns or otherwise transfers the Assigned Payments (or any portion thereof or interest therein) to another person or entity (a "Reassignment"), Allstate Life and the structured settlement obligor, Allstate Assignment Company (collectively, "Allstate"), will not be obligated to redirect the Assigned Payments (or any portion thereof) to any person or entity other than Wentworth or to any payment address other than that specified herein, and Wentworth and Ms. Deatrick shall -2- BE01/ 7456502 remain obligated to comply with all terms and conditions herein and in the parties' stipulation ("Stipulation") 5. All remaining structured settlement payments (and/or portions thereof), if any, that are not the subject of the Proposed Transfer and not previously assigned, shall be made payable to Ms. Deatrick and will be forwarded by Allstate Life, when due, to Ms. Deatrick's most recent known address or any payment address designated by Ms. Deatrick, subject to Allstate's consent. 6. Wentworth shall defend, indemnify, and hold harmless Allstate and its directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present, from and against any and all liability, including but not limited to costs and reasonable attorneys' fees, for any and all claims asserted by any person or entity, including but not limited to any claims asserted by any person or entity not a party hereto, claiming an interest in the Assigned Payments, and any and all other claims made in connection with, related to, or arising out of the purchase contract between Wentworth and Ms. Deatrick, the proposed transfer, the Assigned Payments, any Reassignment, or Allstate's compliance with the parties' Stipulation or this Order, except with respect to claims by Wentworth against Allstate to enforce Allstate's obligations to Wentworth under the parties' Stipulation. To the extent Wentworth fails to honor this indemnification and defense obligation, Allstate may, in addition to all other remedies afforded by law, satisfy the same by withholding to its own credit any remaining Assigned Payments. -3- BE01/ 745650.2 7. Allstate's lack of opposition to this matter, or its or the other parties' stipulation hereto or compliance herewith, shall not constitute evidence in this or any matter, and is not intended to constitute evidence in this or any matter, that: (a) payments under a structured settlement contract or annuity or related contracts can be assigned or that "anti-assignment" or "anti-encumbrance" provisions in structured settlement contracts or annuities or related contracts are not valid and enforceable; or (b) other transactions entered into by Wentworth and its customers constitute valid sales and/or secured transactions; or (c) Allstate has waived any right in connection with any other litigation or claims; or (d) Wentworth has waived any right other than as expressly set forth in the parties' Stipulation and/or this Order. Ms. Deatrick shall receive from Wentworth the net amount of $62,000.00 from which no funds are owed for counsel fees, administrative fees, or other costs, fees, or expenses. DONE IN OPEN COURT thisP3 day arch 2 ?l C'L / d / !ate, DGu'f?'1 c k ? _et3 _ // BE01/ 745650.2 Judge -4- C ? _n _ as s3. rn Ar - Z rr7_ -urn 0, W p -n = Y ?, C C t EXHIBIT A BE01/ 745650.2 11/24/2010 9:23:09 AM PAGE 2/005 %A Fax: 71365 92204 Dec 16it4 16:15 NO. 39,517 Fax Server P. 00 CRAIG L. TRIM, MDNOUALLY, AND -- AS PERSONAL REPRF.•SBNTATM OF § IN THE DiST im coTiRT OF TIB HMS AND BSTATE OF DANIEL § TOXEY. DECEASED, AND AS NEXT OF § FRIEND OF JASON TILE EY,11 40R, AND § TAMMY DEATIUCK, INDIVWUALLY, § AND AS PERSONAL REPRESENTATIVE OF THE HEIRS AND ESTATE OF RONNIE § WHARTON COUNTY TE Fl? E O DEATRICK, DECEASED, AND AS NEXT FRIEND OF TRACEY DEATR]CK, M1rTOR § § DEC 14 2004 OARLOCK, ET AL. § 23RD AIDICLa,•L rhRiv=X QBM CUE= e On the 2nd day of November, 2004, cane on to be oonsidered the above-entitled and numbered cause, when came the Plaintiff, Tammy Danttiok, Individually and as Next Friend of Tracey Deatritk, a minor, in person and by and through her attorney of record, and Defendant, Industrial Holdings Cmporatiton aWa The Carbotvadum Company (hereinafter, "the Defeadanel, by and through its auomey of record, Dawn R. Tezino. John C. Maher, Jr., hea tofore appointed by this court as guardisA ad litetn, appeared for the minor Plaintiff. It was announced to the Court that, subject to the approval of the Court, a campromise settlement had been reached in this case, under the terms as act forth in that certain EMI MMU?d In itv m executed bythc Plaintiff, Tammy Deatick, in ihll settlement of all claims, demands, and causes of action, whether ]mown or unknown, Which have arisen, or which may arise, as a result of the claims made against the IWeadaut and among the bases of this lawsuit. The Court thereupon called for evidence betting upon tha settlement agreement, and after he sting the evidence pertaining to the matters involved bacin, is of the opinion that such agreement of settlement of Plaintiff Tammy Destrick's claims againt Defendant is in the best interest ofthe miter Plaintiff, and does approve 11/24/2010 9:23:09 AM PAGE 3/UU5 rax oca vim. ,,,,. • Fax:7136592204 Dec 1 fi?04 16:15 P.05 the compromise settlement proposed to the Court and 'enters Its order as to such minor settlement as follows: It is ORDERED that the minor Plaintiff, Tracey Dowi ck, suing hereiq by and through her next friend. and Tammy Deatrick. Individually, do jointly have and recover of and ftm the Dofendant, Industrial Holdings Corporation aWa The Carboruadum company, as follows: A. To the minor plaintiff, Tracey Deaukk, the following periodic payments: $3,000.00 on 09/15/2009 (Ago 18). $5,000.00 payable atmudlY. beginning 12/01/2009 $Or 5 years certain curly. Last guniteed payment.ii due 12/01!2013, $5,000.00 payable annually, bo mning 08101/2010 for 4 years certain only. Last guaranteed payment is due 08/01/2013. $72, 000.00 on.09/1 S/2016 to bo paid directly to Trey Destrick upon herreaching age 25. $96,728.06 on 09/1512021 lobe paid directly to Tracey Deatrick upon her reaebins age 30. B. To adultplaintiff, Tammy Deaiiick, individually and as next8iend of Traoey Deatrick, and to her attorneys, The Lanier Law Firm, for all claims asserted or that could have been asserted by them, those sums as described in that E W1 aW Final Release and Lr???+»r 1tv exeouted by Plaintiff, Tammy Deatrick, the teams of whloh are expressly incorporated herein by reference. Other than as provided above, the setdortmm which have been entered and negotiated between; the various parties, plaintiff and defendant, no not aictod by this Order, and may proceed directly with and between Rmdiag between those parties without !!other supervision or order by this Court. The Court has heard and accepted the evidence of the. Ad Litam. attorney John C. Maher's legal ftcs of $6,000.00 and big expenses of $1,500.00 (total amount $7,500.00) and finds that such fees and expenses are reasonable and hereby ORDERS that the following defendants shall pay to the Ad t.item attorney, within 30 days of this Order, such $7,500.00 fees and expenses, pro rata, on the followlag basis- .21 11/24/2010 9:23:09 AM PAGE 4/005 Fax Server Fax:7136592204 Dec 16?D4 16:15 Defcndaat Bondex 300/c, 52,250.00 DO*ndOnt ??? wEc 259/0 $1,875.00 Defendant Industdal Hol&gs/ 209'e $1,500,00 Carborundum Company 15% $1,125.00 Defendant St, Gobein/Nonon 10% S 750.00 Total 1000/0 S7,S00.00 SIGM ft tho, day o =72004. P. 06 JUDGE PRESIDINQ . APPROVED: NRRUFFY 8t WEBER, P,C. 1?tti•yc.y 4b4Z v.ye>r• Dawn R. 'fezina , '' 0 r . State Bar No. 24033382 2615 Calder Ave., suite 800 Bcaumora, Toxas 77702 Tel: 409/835-5011 Fax: 4091835.5177 Attorney for Dcfondaat THE LAMER LAW FIRM Charles F. Hard, Jr. . State Bar No. 0950848 6810 FM 1%0 Wost Houatan, Texas 77069 Tel: 713659-5200 Fax: 713/659-2204 Attorney for Plaintiff .3. 11/24/2010 9:23:09 AM PAGE 5/005 Fax Server • "' Fax: 7136592204 Dec 1604 16:15 P.07 John C. Mahar, Jr. of Attorney at Law State Bar No. 12833290 135 W. Burleson Wharton, TOW 77488 Tel: 979/531-0322 Fax: 979/531-0355 Chwdian Ad Litem r -4-