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HomeMy WebLinkAbout11-0004'y. • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU NTY, PENNSYLVANIA o C-) IN RE: PETITION OF SETTLEMENT J ? FUNDING, LLC d/b/a/ ?a PEACHTREE SETTLEMENT FUNDING TO TRANSFER CLn STRUCTURED SETTLEMENT - -;, PAYMENT RIGHTS , =°-3 ( PAYEE , PAMELA 1. KUHN as ADMINISTRATOR OF THE ESTATE OF WILLIAM A. MAXWELL a/k/a WILLIAM MAXWELL) PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS Petitioners, Settlement Funding, 1,LC d/b/a Peachtree Settlement Funding, and Pamela I. Kuhn, as Administrator of the Estate of William A. Maxwell a/k/a William Maxwell, hereby submit the following Petition to Transfer Structured Settlement Payment Rights pursuant to the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009 ("the Act"), and Pa.R.C.P. 229.2, and in support state: 1. Pursuant to Rule 229.2, the "Transferee" and Petitioner herein is Settlement Funding, LLC d/b/a Peachtree Settlement Funding, with offices located at 3301 Quantum Blvd., Second Floor, Boynton Beach, Florida 33426. 2. Co-petitioner and "Payee" is Pamela I. Kuhn, as Administrator of the Estate of William A. Maxwell a/k/a Willlam Maxwell, an adult individual whose date of birth is July 30, 1950, and who resides at 632 North West Street, k q*>- '? aS3 oc? ? Q? 1J Carlisle, Pennsylvania 17013. (Attached hereto as Exhibit "A" is the Certificate granting Letters Testamentary to Pamela I. Kuhn, from the Register of Wills of this Honorable Court). 3. As the result of a personal injury claim sustained by William Maxwell, Payee, as Administrator of the Estate of William Maxwell, is entitled to receive 240 monthly payments each in the amount of $2,290.40 commencing on February 15, 1995 through and including January 15, 2015. 4. By operation of a Uniform Qualified Assignment, the obligation to make the monthly payments is held by Travelers Casualty & Surety Company, the Structured "Settlement Obligor" as defined by 40 P.S. § 4002. Travelers Casualty & Surety Company is located at 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. 5. The obligation was funded through the issuance of an annuity by ING Life Insurance and Annuity Company (the "Annuity Issuer"). ING Life Insurance and Annuity Company is located at ING Americas, One Orange Way, Windsor, Connecticut 06095. 6. On December 24, 2010, Payee executed an Absolute Assignment Agreement (the "Transfer Agreement"), a true and correct copy of which is attached hereto and incorporated herein by reference as Exhibit "B". The Transfer Agreement provides for the assignment of Payee's right and interest in Page 2 of 6 receiving 48 monthly payments each in the amount of $800.00 commencing on February 15, 2011 through and including January 15, 2015, to Settlement Funding, LLC.1 7. Payee has completed the "Payee's Affidavit in Support of Petition" required by Rule 229.2, a copy of which is attached hereto as Exhibit "C". As set forth in further detail in the Affidavit, the purpose of this transaction is to benefit the Estate of William Maxwell (Exhibit "C", para. 7). 8. Payee has been provided, and has acknowledged receipt at least 10 days prior to receipt of the Transfer Agreement, the "Transfer Disclosure" required by 40 P.S. § 4003 (a)(2), attached and incorporated herein by reference as Exhibit "D". 9. Based on the net amount that the Payee will receive from this transaction ($24,250.23), and the amounts and timing of the structured settlement payments that would be assigned, the Payee is, in effect, paying interest at the rate of 25.63% 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 "Notice" in bold print 12-point type i Pursuant to Rule 229.2(d), Settlement Funding, LLC d/b/a Peachtree Settlement Funding has attached a Verification in support of the Petition. Pursuant to Rule 229.2 (c), the Payee is also a party to this petition, as reflected in the caption, but is not represented by counsel for Settlement Funding, LLC. Page 3 of 6 as 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 to seek independent legal advice regarding the implications of the transfer, including the tax ramifications of the transfer, as reflected in the "Acknowledgment" signed on December 24, attached hereto as Exhibit "F". 12. The transfer complies with the requirements of the Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, and will not contravene other applicable Federal or State statutes or regulations or any applicable law limiting the transfer of workers' compensation claims. (See, Certification of Ronald E. Reitz, attached as Exhibit "G"). 13. Transferee and Payee respectfully request that the Court sign an order approving this transfer which constitutes a "qualified order" for purposes of 26 U.S.C.A § 5891. 14. A brief discussion regarding -the non-applicability of anti-assignment provisions is attached for the Court's convenience, as Exhibit "H" herein. 15. Payee acknowledges that Swartz Campbell LLC has not been engaged to render professional advice with respect to the advisability, or the implications of the transfer, including the tax ramifications of the transfer. Counsel has been Page 4 of 6 I.%, engaged solely to prepare and present the within Petition, based upon Payee's independent determination and advice obtained from others, with respect to the advisability and ramifications of the transfer. 16. Pursuant to Cumberland County Local Rule 208.3(a)(2), no judge of this County has ruled on any issue in the same or related matter. WHEREFORE, Co-petitioners, Settlement Funding, LLC, and Pamela I. Kuhn as Administrator of the Estate of William A. Maxwell a/k/a William Maxwell, pray that this Honorable Court grant this Petition to Transfer Structured Settlement Payment Rights. Respectfully submitted, Swartz a ll LLC By: ton0ad E. Reitz PA. I.D. No. 55408 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-232-5404 rreitz@swartzcampbell.com Attorney for Transferee Page 5 of 6 VERIFICATION I, Kurt Moody, In-House Counsel of Settlement Funding, LLC d/b/a Peachtree Settlement Funding, have read the foregoing Petition to Transfer Structured Settlement Payment Rights, and hereby aver that the statements therein are correct to the best of my personal knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: December 30, 2010 KU T MOODY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS was served by certified mail, return-receipt requested, # postage pre-paid, on this %10 day of December, 2010 on: Travelers Casualty & Surety Company Corporation Service Company Attn: SOP Department 2711 Centerville Rd., Suite 400 Wilmington, DE 19808 ("Settlement Obligor") ING Life Insurance and Annuity Company Att'n: Ida I. Colon ING Americas One Orange Way Windsor, CT 06095-4774 ("Annuity Issuer") and by regular U.S. mail, postage prepaid to: Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426) ("Transferee") Pamela I. Kuhn, Administrator of the Estate of William A. Maxwell 632 N. West St. Carlisle, PA 17013-1966 ("Payee") Swartz kERLLCz By: onalAttorney for Transferee JAN-10-2004 08:21A FROM:B D 7177765912 TO:8006007161 P.2/2 COMMONWEALTH OF PENNSYLVANIA SHORT CERTIFICATE COUNTY OF CUMBERLAND - - I, GLENDA FARNER STRASBAUGH •- Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on '; - the 7th day of April, Two Thousand and Ten, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of WILLIAMA MAXWELL JR late of CARLISLEBOROUGH IFbst. Mid lsat! a/k/a WILLIAM A MAXWELL WILLIAM MAXWELL in said county, deceased, to PAMELA/ KUHN (First, Mddh, LssO and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 7th day of April Two Thousand and Ten. File No. 2010-00368 PA Fi 1 e No. 21- 10- 0368 Date of Death 211312010 S . S . # 169-44-6902 L-A2.24 n ? has6iri-I eg it is e ury NOT VALID WITHOUT ND IMPRESSED SEAL 03/16/2008 17:52 7177320282 SUSAN SMITH PAGE 08/48 ABSOLUTE ASSIGNMENT AGREEMENT (THE "AGREEMENT") December 24, 2010 I, Pamela 1, Kuhn as Administrator of the Estate of William A. Maxwell a/k/a William Maxwell, ("I", "Me" or "Assignor"} residing at 632, N. West St Carlisle, PA 17013-1966 am entitled to 240 monthly payments each In the amount of $2,290.40 commencing on February 15, 1995 through and including January 15, 2015 (the "Periodic Payments") on account of the settlement of a certain personal injury claim, the settlement of which is memorialized In that certain settlement agreement dated February 1, 1995 (the "Settlement Agreement"). The Periodic Payments are due to me from Travelers Casualty & Surety Company (the "Settlement Obligor"). under the terms of the settlement Agreement and are being funded by an annuity Issued by IN© Life Insurance and Annuity Company (the "Annuity issuer'") bearing annuity contract number WS200811A. A, I hereby sell, assign and convey to Settlement Funding, 1-1 C. (the "Assignee") and its assigns through an assignment all of my rights to and interest in and to the following payments due or to become due under the Settlement Agreement: 48 monthly payments each in the amount of $800.00 commencing on February 15, 2011 through and including January 16, 2015. (the "Assigned Payments"): and in consideration for this assignment, Assignee shall pay to me the sum of: $26,460,23 (the "Assignment Prics"). B. I hereby make the following unconditional representations, warranties and promises: 1. No one other than me has any interest or claim of any kind or nature in, to or under the Assigned Payments I am assigning hereunder. 2. 1 am not Indebted to anyone that would affect in any way either the assignment of the Assigned Payments referenced above or Assignee's absolute rights to receive same. 3. 1 agree to conduct my affairs so as to ensure that Assignee obtains all of the benefits of the assignment contemplated hereby. C. I agree that the following shall be considered an event of default by me under this Absolute Assignment Agreement: 1 The representations set forth in Paragraphs B 1 and B 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 helr5- 5. Failure by me to forward promptly to Assignee any Assigned Payment received by me from the Settlement Obligor or the Annuity Issuer 6 Failure by me to 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 claims 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 same on the dates and in the amounts sat 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 trade out to my name) to Assignee, and directing that the Periodic Payments due on or after the day of the Order be forwarded, or authorizing the forwarding of the Periodic payments, directly to Assignee. 3 Assignee shall have received final financing approval from applicable funding source(s). 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 state designated in Paragraph F below, in my rights to and interest in the Assigned Payments, which rights have been assigned to Assignee as General intangibles 1 03/16/2008 17:52 7177320282 SUSAN SMITH PAGE 09/48 under Article 9 of the Uniform Commercial Code of the state designated in Paragraph F below. This Agreement shall also function as a security agreement. This security interest secures payment of the rights assigned and performance of my obligations under Paragraph S above. Assignee may direct any account 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 file a UCC-1 financing statement to perfect its rights hereunder. F 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 residenoe of the Assignor on the date of this Agreement. ARBITRATION Any and all controversies, claims, disputes, rights, Interests, suits or causes of action arising out of or relating to this Agreement and the negotiations related thereto, or the breach thereof, shall be settled 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 shall be held in the largest city in your state of residence. The arbitration shall be held before a single arbitrator selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time that the demand for arbitration Is filed. Discovery, spWiically 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 shall identify the substantially prevailing party and shall include legal fees and expenses for the substantially prevailing party. This provision does not apply to the extent inconsistent with applicable state law regarding the transfer of structured settlement payments. In such case any disputes between the parties will be governed in accordance with the laws of the domicile state of the payee and the domicile state of the payee is the proper venue to 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 limbbon;, 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 Attornay4n-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 shalt 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 adjusted accordingly. In the event Assignee receives or otherwise comes into possession of any of the Periodic Payment(s) 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). .03/16/2008 17:52 7177320282 SUSAN SMITH PAGE 10/48 I Assignee shall be entitled to discharge any adverse claims against Assignor or any of the Assigned Payments whether or not such adverse claims aria disclosed Assignee may, provided Assignee furnishes prior written notice to Assignor, pay any and all amounts necessary or, if the Assignment Price 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 shalt be reduced by the amount of any such payment. Adverse claims may include disclosed amounts to be deducted by Assignee from the Assignment Price to pay Assignee, as servicer for Peachtree Finance Company, L.LC, to enable Assignor to obtain Peachtree Finance Company, LLC's release of its encumbrance on a portion of the Assigned Payments, which portion of Assigned Payments relate to prior transfer transaction(s) consummated prior to the effootive date of the applicable transfer act(s) which encumbrancs 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 fssuer to receive and process the court order once it is granted t would like to receive the Assignment Pdoe or a 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 precedent have been satisfied, including, without limitation, the receipt by Assignee of the Settlement Obligor and the Annuity issuer's acknowledgment of the terns of the court order in writing and Moir agreement to honor and comply with same. 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 sent to me while the settlement Obligor and the Annuity Issuer were processing the court order K This Agreement shall take effect on the date it Is signed by me (the Assignor) or on such later date prescribed by applicable statutory law L Ali disclosure statements are a material part of this Agreement and shalt be read in pars materia herewith in witness whereof I hereunto set my hand. Pamela Kuhn as Administrator of the Estate of William A. Maxwell aWa William Maxwell STATE OF COUNTY OR CITY O On the ay' _ day of in the year,11Dtp before me, the undersigned, personally appeared Pamela I. Kuhn, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the some In his/herAheir capacity(les), and that by his/her/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 - ! ( ?. rX Accepted: settler , Title: Date: PLEASE DO NOT SIGN THIS DOC.VMENT UNTIL 12/24/2010 NOTARIAL SEAL SUSAN M SMITH Notary PubBC HAMPDEN TWP, CUMBERLAND COUNTY My Commlaolon Expires May 14, 2012 03/16/2008 17:52 7177320282 SUSAN SMITH PAGE 11/48 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION OF SETTLEMENT ) FUNDING LLC d/b/a PEACHTREE ) SETTLEMENT FUNDING TO ) No. TRANSFERSTRUCTURED ) SETTLEMENT PAYMENT RIGHTS ) Payee's Affidavit in Support of Petition to Transfer Structured. Settlement Rights I, Pamela I. Kuhn, as Administrator of the Estate of William A_ Maxwell a/k/a William Maxwell, the payee, verify that the statements below are true and correct: 1. Payee's name, address and age: Pamela I, Kuhn, as Administrator ofthe Estate of William A_ Maxwell a/k/a William Maxwell residing at 632 N. West Street, Carlisle, PA 17013- 1966 and I am 58 years old. 2. Marital Status: Never Married; Married; Separated; 7C DiVOTeed If married or separated, name of spouse: 3. Minor ebildren and other dependents: Names, ages, and places of residence: I have no minor children. 4. Income. (a) Payee's monthly income and sources: I am a dog-groomer and l earn $2,800.00 per month. In addition, I, as Administrator of the Estate of William A, Maxwell dVa William Maxwell, will continue to receive structured settlement payments of 03/16/2008 17:52 7177320282 SUSAN SMITH PAGE 12/48 ._..,..:,,::':.-'::',:?.??.:'.?..':e.-'L:'.Air.N:I?C.?'?m:.:Ntt.:,ter.:.AK..?.?_.._.:-'n^:-.-::?'..:.---.•.....m.:?a'n:n.,..?fw'iw-n'r.W::.:<n?a\a.,.::?..?;?.:.,?.?.?.-•'•:•.+.?,..?.w'qn..ww..........dn'n:.?nw:..paa?n.Ynrv.?gwvnrnv. ex: ".1f::.. ....... ..... fnnwwn„u..w.?...n N,n., -?..--? $1,340.40 per month through January 15, 2011. On February 15, 2011, those payments will decrease to $540.40 per month through January 15, 2015.. (b) If presently married, spouse's monthly income and sources: N/A 5. Child support, alimony or alimony pendente lite: Obligation to pay: Yes __ No If yes, state the amount of the obligation, to whom payable, and whether there are arrearagcs- - 6. Previous transfers: Have you previously filed a petition to transfer payment rights under the structured settlement that is the subject of this petition? X Yes _ No If yes, for each petition that you filed, (a) If the transfer was submitted for court approval, list the court. the case caption and case number, and state whether the court approved or disapproved the transfer: 1). State of South Carolina, County of Lexington, In Re: Application of Settlement Funding, LLC d/b/a Peachtree Settlement Funding, and William Maxwell for Approval of Transfer of Structured Settlement Payment Rights Under S,C. Code 15-50-60, In the Court of Common Pleas, Case NO.06-CP- 32-754, The Court approved this matter. 2)_ State of'South Carolina, County of Lexington, In Re; Application of Settlement Funding, LLC d/b/a Peachtree Settlement Funding, and William Maxwell for Approval of Transfer of Structured Settlement Payment Rights 03/16/2808 17:52 7177320282 SUSAN SMITH PAGE 13/48 Under S.C. Code 15-50-60, In the Court of Con-anon Pleas, Case NO.06- CP32-3716. The Court approved this matter- 3). In the. Court of Common Pleas of Cumberland County, Pennsylvania In RE: Petition of Settlement Funding, LLC d/b/a Peachtree Settlement to Transfer Structured Settlement Payment Rights (Payee, William A. Maxwell), Civil Term, No,. 09-6671 _ This matter was withdrawn. 4). In the Court of Common Pleas of Cumberland County, Pennsylvania In RE: Petition of Settlement Funding, LLC d/b/a Peachtree Settlement to Transfer Structured Settlement Payment Rights (Payee, William A Maxwell), Civil Term, No. 09-8792. This matter was withdrawn, (b) If the transfer was approved, (i) State the name of the transferee and identify (listing due dates and payment amount(s), the payments involved in the transfer: The transferee was Settlement Funding, LLC and the payments involved were 105 monthly payments each in the amount of $950,00 commencing on May 15, 2006 through and including January 15, 2015. For the December 2006 transfer, the transferee was Settlement Futtding, LLC and the payments involved were 96 monthly payments each in the amount of $540.40 commencing on Februsiy 15, 2007 through and including .January 15, 2015. (ii) State the amount of money and the manner in which the money was used: William Maxwell received approximately $3$,720.32 :in April oF2006, of which 03/16/2008 17:52 7177320282 SUSAN SMITH he used $3500.00 to purchase property in Lexington, 5C. $1,700.00 to pay property taxes, $2,000.00 to clear the land and install utilities. In the December 2006 deal, he received approximately $23,000,00, which he used to finish clearing the land, lay the driveway and install a septic tank. (c) Have you ever transferred payments without court approval? No. If so, please explain- 7. Reasons for transfer: Describe in detail your reasons for the proposed transfer, including an explanation as to why a sale of a lesser amount of the structured settlement will not better serve your interests: I, Pamela 1. Kuhn, as Administrator of the Estate of William A. Maxwell a/k/a William Maxwell, intend to use the entire proceeds of $24,200,00 from this transfer for the benefit of the Estate of William A. Maxwell. The sale of a lesser amount will not be PAGE 14/48 sufficient to accomplish the above. & 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: NIA Debt Creditor Amount Owed 03/16/2008 17:52 7177320282 SUSAN SMITH PAGE 15/48 ...`^?.??w?++.wvnnw?.:.n:•MfunTl?Qw iYIX1':•I?G.{1.:.Yv,4'Nw\K?:P::K+i11Cr:•Y.?:p. 'YY??M•\h:.1Y(wr'pH<pMAYf?1fiT'•.hKY1'•t1.Nlp?\'w•:K'rK?n'n.:.n•Kni.Kl%!M11'in.:t1'AYN..-M4.:<AYn^.M1:KnY':i<•:?\+t.:r,?fK'.tipY:lfiti•F:n'f:vwf<nfir.yyfrRYpn?ti M'v?'M1p..Y,fW.'frM'ff?i•t1f.•\%?p1CY:ffiKFp•YK'a?.:Y Verifieatiou I verify that the statements made in this affidavit are true and Correct 1 understand that false statements herein are made sub*t to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. DATE: 1 ?. Aq 10 `U G2M'l C),?YQ" Pamela I. Kuhn as Administrator of the Estate of William A. Maxwell aWa William Maxwell 03/16/2008 17:52 7177320282 SUSAN SMITH PAGE 38/48 P sY v IA TMECR DISC RI= Payee: Pamela I. Kuhn as Administrator of the Estate of William A. Maxwell alkia William Maxwell; resident of, PA A. Amounts and due dates of the structured settlement payments to be transferred: 48 monthly payments each in the amount of $800.00 commencing on February 15, 2011 through and including January 15, 2015. B. Aggregate amount of such payments: $38,400.00 C. (1) Discounted present value of such payments: $36,950.01 (2) The discount rate used in determining such discounted present value: 1.80 percent as of December 10, 2010. D. Gross amount payable to the Payee in exchange for such payments: $26,450.23 E. itemized listing of all brokers' commissions, service charges, application or processing fees, Closing coasts, 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: $24,260.23 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: 65.63% 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 cif the transfer agreement by the Payee: NONE 03/16/2008 17:52 7177320282 SUSAN SMITH PAGE 39/48 Payee acknowledges receipt of, and acknowledges to have read and understood, the above disclosure statement and information required to be disc sed 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. <2 Pamela 1. Kuhn as Administrator of the Estate of William A. Maxwell a/k/a William Maxwell Date 03/16/008 17:52 7177320282 SUSAN SMITH PAGE 40/48 NOTICE (PA) Payee: Pamela 1. Kuhn as Administrator of the Estate of William A. Maxwell a/k/a William Maxwell IMPORTANT NOTICE: You are strongly urged to consult with an attomey who can advise you of the potential tax consequences of this transaction. 1 acknowledge receipt of the above notice. By signing below you are confirming that you received a copy of this notice at least 10 days prior to executing your transfer agreement. Pamela 1. Kuhn as Administrator of the Estate of William A. Maxwell a/k/a William Maxwell 191m Ito Date 03/16/?008 17:52 7177320262 SUSAN SMITH PAGE 42/48 .: ACKNOWLEDGEMENT (PA) Payee: Pamela 1. Kuhn as Administrator of the Estate of William A. Maxwell a/k/a William Maxwell (Please initial the following statement) I expressly waive independent legal advice regarding the implications of the transfer, including considerations of the tax ramifications of the transfer. We, . (initials) ?Q1=.",QCa . a ?? Pamela 1. Kuhn as Administrator of the Estate of William A. Maxwell alk/a William Maxwell LA? Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT No. FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS . (PAYEE, PAMELA I. KUHN as ADMINISTRATOR OF THE . ESTATE OF WILLIAM A. . MAXWELL a/k/a WILLIAM . MAXWELL) CERTIFICATION OF COUNSEL Ronald E. Reitz, attorney for Settlement Funding LLC d/b/a Peachtree Settlement Funding, hereby sets forth the following: 1. I, Ronald E. Reitz, am counsel of record in this matter for Settlement Funding, LLC d/b/a Peachtree Settlement Funding. 2. Based on materials provided to me by Settlement Funding, and upon reasonable investigation and inquiry, including my discussions with the Payee, the transfer set forth in the subject Petition complies with all requirements of the Structured Settlement Protection Act, 40 P.S. § 4001-4009, and does not contravene any applicable Federal or State statute or regulation, or order of any court or administrative authority. 3. This Certification is made to the best of my knowledge, information and belief pursu Pa C.P. 229.2. Ronald E. R itz Back,ground on Structured Settlements Generally: Contrary to popular misconception, structured settlements typically result from a voluntary settlement of an underlying tort claim. While many believe that structured settlements are typically court approved, court ordered or otherwise mandated by the court as a form of spendthrift trust, this is simply not true. Structured settlements are a convenient and cost effective way to settle personal injury claims, particularly where there is disagreement over the size of the settlement as the! perceived value of future payments is generally higher than their true value. Simply put, structured settlements are a cost effective way for insurance carriers to settle personal injury claims on favorable terms and are often used for garden variety cases. In the vast majority of cases they are simply the result of a negotiated settlement between plaintiff and defendant with no substantive court involvement. Anti-assignment provisions are often included in structured settlement agreements under the mistaken belief that they are required to prevent the application of the "constructive receipt" tax doctrine. These anti-assignment provisions were not included as a form of spendthrift trust nor were they intended as a restriction on alienation of the right to receive structure settlement payments. Rather they are a result of an overly cautious reading of several private letter rulings from the early 1980's and a mis-understanding of the constructive receipt tax doctrine. Any lingering doubts as to whether an anti- assignment provision is required to prevent constructive receipt were dispelled in 2002 with the passage of 26 USC Section 5891, et seq. which made it clear - by way of a clarification of existing law - that a sale or transfer of structure payments rights would not alter the tax treatment applicable to the annuitant or annuity issuers. Notwithstanding this, anti-assignment clauses remain a vestige of common practice and are hence present in many settlement agreements. The one common failing of structured settlements is that they are relatively inflexible. Once established they cannot be altered. As a consequence, a secondary market for structured settlements evolved in the 1990's. Because of the significant demand from structured settlement recipients to restructure/refinance how and when they receive these payments, a secondary market flourished. In 2002, the United States Congress, after hearings before the Ways and Means committee, passed 26 USC Section 5891, et seq. making it clear that structured settlements could be transferred and that no adverse tax consequence would attach. As part of providing this clarification, Congress required that a transfer of structured settlement payment rights be pursuant to a state transfer statute finding that the transfer was in the best interest of the selling annuitant. Employees and officers of the petitioner, Settlement Funding, appeared at the congressional hearing referenced above and worked tirelessly in the late 90's and early 2000's to obtain the passage of 26 USC Section 5891 and to pass state transfer laws around the country. Almost every state now has a structured settlement statute which provides for unprecedented levels of consumer safeguards prior to an individual being permitted to sell a structured settlement. This is so notwithstanding the fact that the decision to accept the structured settlement, as outlined above, is typically the result of a simple negotiation between plaintiff and defendant and not as consequence of the independent judgment that . AO the recipient is unable to manage their financial affairs. The structured settlement transfer statutes and the provisions of 26 USC Section 5891, et seq. make it clear that both federal and state legislators recognized the need for liquidity in the secondary market for structured settlement payments. Provided that the transfer statute is adhered to, the court should permit the transfer of the structured settlement payments provided that such transfer is in the best interest of the payee. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, PAMELA I. KUHN as ADMINISTRATOR OF THE ESTATE OF WILLIAM A. MAXWELL a/k/a WILLIAM MAXWELL) Civil Division No. 2011-4 ORIGINAL VERIFICATION OF KURT MOODY Filed on behalf of Transferee, Settlement Funding, LLC d/b/a Peachtree Settlement Funding COUNSEL OF RECORD FOR THIS PARTY: Ronald E. Reitz Pa. I.D. No. 55408 SWARTZ CAMPBELL LLC Firm I.D. No. 765 4750 U.S. Steel Tower 600 Grant St. Pittsburgh, PA 15219 G r O ?- 3 rn ; " - -, , I :In --i -,c C rn ? 412.232.9800 VERIFICATION I, Kurt Moody, In-House Counsel of Settlement Funding, LLC d/b/a Peachtree Settlement Funding, have read the foregoing Petition to Transfer Structured Settlement Payment Rights, and hereby aver that the statements therein are correct to the best of my personal knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: December 30, 2010 KU T MOODY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing ORIGINAL VERIFICATION OF KURT MOODY was served by regular United States mail, postage pre-paid, on this cJ day of January, 2011 on: Travelers Casualty & Surety Company Corporation Service Company Att'n: SOP Department 2711 Centerville Rd., Suite 400 Wilmington, DE 19808 ("Settlement Obligor") ING Life Insurance and Annuity Company Att'n: Ida I. Colon ING Americas One Orange Way Windsor, CT 06095-4774 ("Annuity Issuer") Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Pamela I. Kuhn, Administrator of the Estate of William A. Maxwell 632 N. West St. Carlisle, PA 17013-1966 ("Payee") Swartz el C By: Ronald E. itz Attorney for Transferee JAN 04 ?011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ /,??- PEACHTREE SETTLEMENT No. ??'?? Z ?VI l FUNDING TO TRANSFER STRUCTURED SETTLEMENT - ?? PAYMENT RIGHTS (PAYEE, PAMELA I. KUHN as M CD c,.., - ? ; ADMINISTRATOR OF THE -}? M ESTATE OF WILLIAM A. rn MAXWELL a/k/a WILLIAM MAXWELL) -'?j INITIAL ORDER OF COURT == On this day of DP4? 2011, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on -?? 4 J x911 in Courtroom o at Ath-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. ?`1 onald Reiiz , &-,cL -- Kurt Moody, f_sq_ '/ TNG U fe Snsurax 4 Armu#4y co rr,?elem caa=Ky +sure+y cony W c°I0 , J. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, PAMELA I. KUHN as ADMINISTRATOR OF THE ESTATE OF WILLIAM A. MAXWELL a/k/a WILLIAM MAXWELL) , No. 2011-4 Civil 0 T ep2m 0 -n 771 -i rn r -? rn 70 ) C? - o -n ° m -t c_n -? c.0 NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Travelers Casualty & Surety Company Corporation Service Center Att'n: SOP Department 2711 Centerville Rd., Suite 400 Wilmington, DE 19808 ("Settlement Obligor") ING Life and Annuity Company Att'n: Ida I. Colon ING Americas One Orange Way Windsor, CT 06095-4774 ("Annuity Issuer") Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Pamela I. Kuhn Administrator of the Estate of William A. Maxwell 632 N. West St. Carlisle, PA 17013-1966 ("Payee") You are hereby given notice that Settlement Funding LLC has filed a petition to transfer structured settlement payment rights. A hearing in this matter has been scheduled on Wednesday, February 23, 2011 at 11:00 a.m., before Hon. M.L. Ebert, Jr., Courtroom 2, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. A copy of the Initial Order of Court is attached hereto as Exhibit "A". 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. Pursuant to 40 P.S. §4003(a)(6), the Transferee's name, address, and taxpayer identification are: Settlement Funding, LLC 3301 Quantum Boulevard Boynton Beach, Florida 33426 Taxpayer I.D. No.: 58-2292928. 1-10,-1 Date Settlement Funding LLC c/o Ronald E. Reitz Swartz Campbell LLC 600 Grant Street 4750 U.S. Steel Tower Pittsburgh, PA 15219 (412) 232-9800 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT FUNDING, LLC d/b/a/ PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, PAMELA I. KUHN as ADMINISTRATOR OF THE ESTATE OF WILLIAM A. MAXWELL a/k/a WILLIAM MAXWELL) No. ]1.- 01 6w INITIAL ORDER OF COURT On this 1-4 day of , 2011, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on re-brUapy JQS? OU in Courtroom 4 at 1:00 M o'clock. The payee shall bring income tax returns for the pr.--or two (2) years to the hearing. Within seven (7) days, the transferee shall give notice of the hearing date to the payee, the s,--ructured 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 1--o the hearing. TRUE COPY FROM RECORD WTe@tkMW wt*r*0. I Mo unto em my hand and spi aF ti9i? at CadiW* Pa. of -1-JAA - 20 ", J\fi,? Prothonotary y CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this NOTICE OF HEARING ON PETITION TO TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS has been served by certified mail, return-receipt requested, postage pre-paid, on this 10 day of January, 2011 on: Travelers Casualty & Surety Company Corporation Service Company Attn: SOP Department 2711 Centerville Rd., Suite 400 Wilmington, DE 19808 ("Settlement Obligor") ING Life Insurance and Annuity Company Att'n: Ida I. Colon ING Americas One Orange Way Windsor, CT 06095-4774 ("Annuity Issuer") and by regular U.S. mail, postage prepaid to: Kurt Moody, Esquire Structured Settlements-In-House Counsel Peachtree Settlement Funding 3301 Quantum Boulevard, Second Floor Boynton Beach, FL 33426 ("Transferee") Pamela I. Kuhn Administrator of the Estate of William A. Maxwell 632 N. West St. Carlisle, PA 17013-1966 ("Payee") Swartz Cavell LLC By: R'a Reitz Attorney or Transferee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF SETTLEMENT No. 11-04 FUNDING, LLC d/b/a PEACHTREE SETTLEMENT FUNDING TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS (PAYEE, PAMELA I. KUHN, as ADMINISTRATOR OF THE ESTATE OF WILLIAM A. MAXWELL a/k/a WILLIAM MAXWELL) ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS COME NOW, Settlement Funding, LLC d/b/a Peachtree Settlement Funding ("Settlement Funding" or the "Transferee"), by counsel, and Pamela 1. Kuhn, as Administrator of the Estate of William A. Maxwell ("Ms. Kuhn" or the "Administrator"), upon the Petition to Transfer Structured Settlement Payment Rights (the "Petition") pursuant to the Pennsylvania Structured Settlement Protection Act, 40 Pa. Stat. Ann. § 4001, et seg. (the "Pennsylvania Act"). Accordingly, upon hearing and upon a review of the papers filed in this matter and the evidence presented, the Court finds that: The Estate of William A. Maxwell is entitled to receive payments (the "Periodic Payments") under an annuity, contract number WS20081 IA (the "Annuity"), owned by Travelers Casualty and Surety Company f/k/a Aetna Casualty and Surety Company ("Travelers") and issued by ING Life Insurance and Annuity Company ("ING"). The Periodic Payments include monthly payments each in the amount of $2,290.40 commencing on February 15, 1995 through and including January 15, 2015 (the "Monthly Payments"). 2. Pursuant to an Order entered by the Court of Common Pleas for Lexington County, South Carolina in In re Application of Settlement Funding, LLC and William A. Maxwell . for Approval of Transfer of Structured Settlement Payment Rights, Case No. 06-C P-32-754, on April 18, 2006, Mr. Maxwell transferred to Settlement Funding his rights to receive a $950.00 portion of each Monthly Payment commencing on May 15, 2006 through and including January 15, 2015. 3. Pursuant to an Order entered by the Court of Common Pleas for Lexington County, South Carolina in In re Application of Settlement Funding, LLC and William Maxwell for Approval of Transfer of Structured Settlement Payment Rights, Case No. 06-CP32-3716, on December 8, 2006, Mr. Maxwell transferred to Settlement Funding his rights to receive a $540.40 portion of each Monthly Payment commencing on February 15, 2007 through and including January 15, 2015. 4. Following the death of William A. Maxwell ("Mr. Maxwell") in February 2010, the Register of Wills for Cumberland County, Pennsylvania granted Letters Testamentary, appointing Ms. Kuhn as Administrator of the Estate of William Maxwell. This Court has exclusive jurisdiction over the Estate of Mr. Maxwell, making this Court an appropriate forum for the filing and prosecution of the Petition. 5. Pursuant to an Absolute Assignment Agreement dated on or about December 24, 2010 (the "Transfer Agreement"), Ms. Kuhn, as Administrator of the Estate of William A. Maxwell, has now agreed to transfer to Settlement Funding the right to receive the remaining $800.00 portion of each Monthly Payment commencing on February 15, 2011 through and including January 15, 2015 (the "Assigned Partial Payments"). 2 6. Not less than ten (10) days prior to the date on which the Estate of William A. Maxwell first incurred any obligation with respect to the transfer, Settlement Funding provided the Administrator a disclosure statement setting forth the disclosures required pursuant to § 4003(a)(2) ofthe Pennsylvania Act, including: a. The amounts and due dates of the structured settlement payments to be transferred; b. The aggregate amount of such payments; The discounted present value of such payments, together with the discount rate or rates used in determining such discounted present value; d. The gross amount payable to the Payee in exchange for such payments; e. An 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; f. The net amount payable to the Payee after deduction of all commissions, fees, costs, expenses and charges described in subparagraph (e); g. The quotient, expressed as a percentage, obtained by dividing the net payment amount by the discounted present value of the payments; and h. The 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. 7. The transfer is in the best interests of the Estate of William A. Maxwell. I / I/ Pursuant to the Last Will and Testament of Mr. Maxwell, dated February 8, 2010 and recorded in the Office of the Register of Wills of Cumberland County, Pennsylvania, Mr. Maxwell ceded his entire estate to Ms. Kuhn, as Administrator of the Estate of William A. Maxwell, has received, or expressly waived in a separate written acknowledgment signed by Ms. Kuhn, independent legal advice regarding the implications of the transfer, including consideration of the tax ramifications of the transfer. 9. The Transferee has given written notice of its name, address, and taxpayer identification number to ING and Travelers and has filed a copy of such notice with the Court. 10. The transfer does not contravene any applicable federal or state statutes or regulations, or the order of any court or other government authority or responsible administrative authority, or any applicable law limiting the transfer of workers' compensation claims. 11. The transfer complies with all requirements of the Pennsylvania Act, together with the applicable requirements of the Connecticut structured settlement protection act, Conn. Gen. Stat. Ann. § 52-225g, et seq. (the "Connecticut Act"), to the extent that they differ from the requirements of the Pennsylvania Act. This Order is a "Qualified Order" pursuant to 26 U.S.C. § 5891, el seq. Based on the foregoing findings, IT IS HEREBY ORDERED ADJUDGED AND DECREED that: A. The transfer to Settlement Funding of the Estate of William Maxwell's rights to receive the Assigned Partial Payments be and hereby is APPROVED, and ING is hereby authorized and directed to send the Assigned Partial Payments to Settlement Funding at the following address: Ms. Kuhn. The Court has not been made aware of any other parties entitled to receive the Assigned Partial Payments upon the death of Mr. Maxwell, and Ms. Kuhn, as Administrator of the Estate of William A. Maxwell, understands that she is agreeing to transfer to Settlement Funding the rights of the Estate of William A. Maxwell to receive the Assigned Partial Payments. 4 Settlement Funding, LLC P.O. Box l 16476 Atlanta, GA 30368-6476 or to such other address as Settlement Funding may designate, by written notice to Travelers and ING, signed and acknowledged by an authorized officer of Settlement Funding and given at least sixty (60) days before the date when such change is to take effect. B. Settlement Funding shall be liable to Travelers and ING for any and all liabilities and costs, including reasonable costs and attorney's fees, arising from compliance with this Order or arising as a consequence of any failure of Settlement Funding to comply with the Pennsylvania Act or the Connecticut Act or to comply with this Order. C. Settlement Funding shall defend, indemnify, and hold harmless Travelers and ING, their affiliates, successors and assigns, and the respective officers and directors of the foregoing (collectively, "Indemnitees") from and against any and all claims, liabilities, obligations, losses, damages, penalties actions, causes of action, judgments, suits, costs, expenses, disbursements, attorneys' fees and other costs or expenses of any kind or nature (collectively, "Obligations/Costs") arising from, related to or in connection with the Transfer Agreement and the Assigned Partial Payments that are the subject of this Order (excepting any Obligations/Costs incurred in responding to an action by Settlement Funding against an Indemnitee to enforce the terms of this Order). Without limiting the generality of the foregoing, Settlement Funding shall defend, indemnify, and hold the Indemnitees harmless from and against any and all Obligations/Costs arising from, related to or in connection with (i) any transfer agreement or other agreement or transaction or attempted transaction between Mr. Maxwell and Rapid Settlements, Ltd. and/or any assignee, nominee or successor thereof (al I such parties being hereinafter collectively referred to as "Rapid"); (ii) the Petition for Court Approval of a Transfer of Structured Settlement Payment Rights in In re Transfer of Structured Settlement Payment Rights by William Maxwell, York Cty., Pa. Ct. Comm. Pl. No. 2004-SU-1934-Y08; (iii) any arbitration proceeding or other proceeding brought by Rapid or Mr. Maxwell, arising from any matter identified in clause (i) or (ii) above; and (iv) any other claim to or interest in any of the Assigned Partial Payments asserted by Rapid. D. Travelers and ING are discharged and released, as to all parties whatsoever except Settlement Funding, from any and all liability with respect to the Assigned Partial Payments. E. This Order shall be binding upon Ms. Kuhn, the Estate of William Maxwell, Settlement Funding, Travelers, ING, and any other interested party. F. This Order is entered without prejudice to the rights of Travelers and ING under, and the Court makes no finding concerning the enforceability of, any non-assignment provision(s) contained in the Annuity or related documents. Nothing contained in this Order shall be deemed to afford the Estate of William Maxwell any rights of ownership or control of the Annuity or shall otherwise affect the exclusive ownership and control of such Annuity by Travelers. Neither Travelers nor ING shall under any circumstances be required to make any payment that it would not have been obligated to make if the transfer had not occurred. G. This Order shall be read in conjunction with prior orders of this or any other Court transferring payment rights of Mr. Maxwell, and the payments transferred herein shall be in addition to payments transferred pursuant to any such prior orders. H. The Clerk of this Court is directed to transmit a certified copy of this Order to counsel of record for the Transferee at the following address: Ronald E. Reitz, Esq. Swartz Campbell LLC 4750 U.S. Steel Tower 600 Grant Street 6 Pittsburgh, PA 15219. Such counsel shall send copies to all other interested parties. n 1 SO ORDERED this r A /? •7 day of February, 2011 lw? I", Judge Crj r-I ;1-t r 0 4 a ?Y ?,??LCY g?? 44-? aJa.3/r! 7