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HomeMy WebLinkAbout11-1317r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOINT PETITION FOR TRANSFER OF STRUCTURED SETLEMENT PAYMENT RIGHTS BY HAILEY WIM, PAYEE, AND STRATCAP INVESTMENTS, INC. - 1317 Ci v,7 Te (nn N o. 11 < ?? _ CJ C:: JOINT PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS Joint Petitioners, Stratcap Investments, Inc., and Hailey Wim, hereby submit the following Joint 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, Joint Petitioner herein is Stratcap Investments, Inc. ("Stratcap"), a company in the business of purchasing future periodic payments, and therefore a "Transferee," as those terms are defined by 40 P.S. § 4002. Stratcap is a Delaware corporation having a place of business at 100 Sheppard Avenue East, Toronto, Ontario M2N 6N5. 2. Joint Petitioner and "Payee" is Hailey Wim, an adult individual whose date of birth is August 18, 1991, and who resides at 6 Town Mills, Shippensburg, Pennsylvania 17257. 3. This Court has jurisdiction to determine the merits of this joint petition pursuant to the Act because the Payee is A 0?o?a.oo?d aly aS?r b47 domiciled in Cumberland County, Pennsylvania. 40 P.S. § 4004. 4. As the result of an injury claim, Payee is entitled to receive monthly payments in the amount of $650.58 commencing on August 18, 2009 through and including July 18, 2029 (an excerpt of Payee's annuity policy, reflecting these payments, is attached hereto as Exhibit "A"). 5. By operation of a Uniform Qualified Assignment, the obligation to make the monthly payments is held by Allstate Assignment Company, the Structured "Settlement Obligor" as defined by 40 P.S. § 4002. Allstate Assignment Company is located at 3100 Sanders Road, N3A, Northbrook, Illinois 60062. 6. The obligation was funded throug? the issuance of an annuity by Allstate Life Insurance Company (the "Annuity Issuer"). Allstate Life Insurance Company, is located at 3100 Sanders Road, N3A, Northbrook, Illinois 60062. 7. On or about January 24, 2011, Payee executed a "Structured Settlement Annuity Sale and 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 receiving 72 monthly payments in the amount of $650.58, which are due and payable commencing January 18, 2011 through and including December 18, 2016, to Stratcap.l 8. The right to receive the payments described above at paragraph 4, and reflected in Exhibit "A", is exclusive to the Payee, who owns them. She has never pledged, sold, assigned, transferred, or otherwise encumbered the rights to receive these payments. 9. The Transfer Agreement was executed by the Transferee on or about January 24, 2011. 10. Payee shall retain all right and interest in remaining payments not assigned. 11. 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 obtain an apartment, and vehicle. 12. Payee is 19 years old, and is not :married. 13. Payee has been provided, and has acknowledged receipt at least 10 days prior to receipt of the Transfer Agreement, of the "Disclosure Statement" required by 40 P.S. § 4003 (a)(2), attached and incorporated herein by reference as Exhibit "D". As set forth in greater detail in the Disclosure Statement, the following terms have been disclosed to the Payee: 1 Pursuant to Rule 229.2(d), Stratcap has attached a Verification in support of the joint petition. Pursuant to Rule 229.2 (c), the Payee is also a party, but is not represented by counsel for Stratcap. a. The amounts and due dates of the structured settlement payments to be transferred are: 72 monthly payments in the amount of $650.58, which are due and payable commencing January 18, 2011 through and including December 18, 2016. b. The aggregate amount of the structured settlement payments to be transferred is $46,841.76. C. The discounted present value of the payments transferred using the most recently published applicable federal rate for determining the value of an annuity is $43,663.42. d. The federal discount rate used to determine the discounted present value is 2.4%, as most recently published by the IRS. e. The gross amount payable to Payee in exchange for the transferred payments is $30,078.00. f. The net amount payable to Payee after deduction of legal fees, costs, expenses and processing fees is $30,078.00. g. The quotient is 68.9%. h. The amount of penalty and 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 is: NONE. 14. Based on the net amount that the Payee will receive from this transaction ($30,078.00), 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 16.4% per year ("Disclosure Statement", Exh. "D", para. H). 15. Payee has been provided, and has acknowledged receipt, at least 10 days prior to receipt of the Transfer Agreement, the written "Notice" in bold print 12-point type as required by 40 P.S. § 4003 (b). 16. Payee acknowledges that she has been advised to obtain independent professional advice regarding the consequences, implications, and tax effects of the transaction, as set forth in the "Statement of Professional Representation," attached to this Petition as Exhibit "E". 17. The transfer complies with the requirements of the 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 "F"). 18. Joint petitioners 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. 19. Payee has seriously contemplated this transaction, and due to her personal circumstances and needs, believes that this transfer is in her best interests. 20. 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 engaged solely to prepare and present the within Joint Petition, based upon Payee's independent determination and professional advice obtained from others, with respect to the advisability and ramifications of the transfer. 21. Pursuant to Cumberland County Local Rule 208.3(a)(2), Payee has had no other transfers reviewed by this Honorable Court, as this is her first transaction. (See, Exhibit "C", para. 6) . WHEREFORE, Joint Petitioners, Stratcap Investments, Inc., and Hailey Wim, pray that this Honorable Court grant this Joint Petition to Transfer Structured Settlement Payment Rights. Respectfully submitted, Swartz Campbell LLC By: eja Ronald E. Reitz PA I.D. No. 55408 Swartz Campbell LLC 600 Grant St. 4750 U.S. Steel Tower Pittsburgh, PA 15219 rreitz@swartzcampbell.com Attorney for Transferee, Stratcap Investments, Inc. VERIFICATION I, Shawn Richmor, COO for Stratcap Investments, Inc., have read the foregoing Joint 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: ems, -- Shawn Richmor CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing JOINT PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS was served by certified rail, return-receipt requested, postage pre-paid, on this -3day of February, 2011 on: Allstate Assignment Company Allstate Financial Att'n: Lisa Sterner 3100 Sanders Rd., N3A Northbrook, IL 60062 ("Settlement Obligor") Allstate Life Insurance Company 3100 Sanders Rd., N3A Northbrook, IL 60062 ("Annuity Issuer") and by regular U.S. mail, postage prepaid to: Strategic Capital Corporation 100 Sheppard Avenue East, Suite 720 Toronto, Ontario M2N 6N5 ("Transferee") Hailey Wim 6 Town Mills Shippensburg, PA 17257 ("Payee") Swa z az pb LLC By: Ronald E. R tz Attorney for Transferee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOINT PETITION FOR TRANSFER OF STRUCTURED SETLEMENT PAYMENT RIGHTS BY HAILEY WIM, No. PAYEE, AND STRATCAP INVESTMENTS, INC., FINAL ORDER OF COURT On this day of 2011, it is ordered that the Joint Petition to Transfer Structured Settlement Payment Rights is granted. The court specifically finds that: (1) the payee has established that the transfer is in the best interests of the payee or the payee's dependents; (2) based on the certification by an attorney for the transferee, 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 court or administrative authority; (3) the transfer complies with the remaining requirements of the Structured Settlement Protection Act, including Sections 3 (a) (2) , 3 (a) (4) , 3 (a) (5) and 3 (a) (6) ; (4) the payments that are to be transferred are designated as follows: 72 monthly payments in the amount of $650.58, which are due and payable commencing January 18, 2011 through and including December 18, 2016, to Stratcap Investments, Inc. or its designated Assignee. (5) the terms of this order shall survive the death of the payee and shall be binding on the payee's heirs, beneficiaries and assigns; (6) the payee shall receive from the transferee the amount of $30,078.00, from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: J. 46iE6 ULE.O?F PAYiS Start Date End Date Amount Frequency 08/18/09 07/18/29 $650.58 Monthly w ANNUITANT INF0Rf4ATION sasuring Life: ?ntract Number: oue Date: Name Halley Katherine Wim Sex Date of Birth SSAL23864A Female 08/18/91 01/27/09 Owner: Allstate Assignment Company TERMS RIDER T4 mucTURED SETTLEMENT NNurry ULE AND ASSK WIff XGREEMM Name of Seller. Halley Wim Sellers current / notice Address: 6 Town Mills, Shippensburg, Pennsylvania 17257 Seller's social security number. 136-92-2459 Seller's spouse's name: Seller's dependents' names and respective ages: Name of Annuity Issuer: Name of Annuity Owner. Annuity Policy Number: Allstate Life Insurance Company Allstate Assignment Company SSAL23WAA Payments Being (Assigned: Seventy Two (72) Monthly payments in the amount of Six Hundred and Fifty Dollars and Fifty Eight Dollars ($ 650.58) which will become due and payable to you commencing January 18, 2011 through and including December 18, 2016; Only the above payments are being assigned. All other unassigned payments shall remain due and payable to Seiler as and when due. Purchase Price: $30,078.00 SELLER: Halley Wi ST TS, INC. Per' a Name: Shawn Richmor Title: Chief Operating Officer STRUCTURED SETTLEMENT ANNUITY SALE AND ASSIGNMENT AGREEMENT THIS STRUCTURED ??"TLEMENT ANNUITY SALE AND ASSIGNMENT AGREEMENT dated as of the S9 of ? cvnuu , 2011 is entered into BETWEEN: HAILEY WIM An individual residing in the State of Pennsylvania (hereinafter called the "Seller") OF THE FIRST PART -and- STRATCAP INVESTMENTS. INC. A corporation incorporated pursuant to the laws of Delaware (hereinafter called "Buyer") OF THE SECOND PART WITNESSES THAT in consideration of the premises, the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which each party hereto irrevocably acknowledges), the parties agree as follows: SECTION ONE PURCHASE AND SALE OF ANNUITY 1.1 Agreement to Sell and Buy. Subject to the terms and conditions set forth in this Structured Settlement Annuity Sale and Assignment Agreement and schedules hereto, which form an integral part of this agreement (collectively referred to as the "Agreement"), Seller hereby agrees to sell, transfer, deliver and irrevocably assign to Buyer and Buyer's successors and assigns at Closing (as hereinafter defined), and Buyer hereby agrees to buy from Seller, all of Seller's right, title and interest in (a) certain payments arising out of an agreement or order to settle a personal injury damage claim (such agreement or order, the "Settlement Agreement"), to which Seller is a party and the payment obligations under which have been assigned to the Annuity Owner, as defined in the Terms Rider, which said payments are set out and more particularly defined in the Terms Rider (such payments are hereinafter collectively referred to as the "Assigned Payments"), (b) the Annuity (as defined in said Terms Rider) and (c) all Related Rights (as defined in Section 1.9 of this Agreement). Notwithstanding any references to the Annuity in this Agreement or any other provision of this Agreement to the contrary, the parties agree that the "Assigned Payments" and Related Rights hereunder shall include without limitation Seller's rights under the Settlement Agreement as against the Annuity Owner with respect to the payments identified in the Terms Rider and shall not be limited to Seller's rights under the Annuity. 1 of 10 1.2 Price and Terms of Payment. The purchase price (hereinafter called the "Purchase Price") for the Assigned Payments is as set out in the Terms Rider. Buyer covenants and agrees to pay the Purchase Price on the Closing Date (as hereinafter defined in Section 1.3 hereof) to the Seller in immediately available funds by wire transfer, bank draft or certified check, at Buyer's discretion. Should any payment from the Assigned Payments be received by the Seller prior to the Closing Date then Seller shall have the right to keep said payment(s) and the Purchase Price shall be reduced by the amount of any such payment(s). 1.3 Termination and Closing. The closing of the within transaction shall occur on the tenth (I Oh) business day following the date on which the last of the conditions precedent set forth in Section 2.1 has been satisfied (hereinafter referred to as the "Closing Date). At any time prior to the Closing Date Buyer shall have the sole and absolute discretion to cancel this Agreement without further obligation to Seller if (i.) Seller defaults in respect of his obligations hereunder; or (ii) Buyer is not satisfied with any of the conditions precedent or (iii) otherwise in accordance with the Agreement. Further, should any of the conditions precedent remain unsatisfied or should Buyer be dissatisfied with any of the conditions precedent by the ninetieth day after the date of this Agreement, Buyer shall have the sole and absolute right to cancel this Agreement at any time thereafter without further obligation of Buyer to Seller. 1.4 Delivery of Assigned Payments. (a) Seller shall deliver or cause to be delivered and assign, and Buyer shall accept, the Assigned Payments on the Closing Date. (b) Seller covenants with Buyer that at the time of closing on the Closing Date, title to the Assigned Payments will be good and marketable, free and clear of all claims, liens, mortgages or encumbrances of any kind or character. 1.5 Access to Documents. From and after the date of this Agreement and up to the Closing Date, Buyer shall, on reasonable notice to Seller from time to time have access to all documents and information related to the Annuity and the Assigned Payments as well as all related or underlying agreements ("Documents") for purposes of reviewing same. When requested by Buyer, Seller shall deliver copies of the Documents to Buyer for Buyer's review and files, which Documents shall include but not be limited to (i.) a copy of the underlying settlement and release agreement/order under which Seller is entitled to receive the Assigned Payments; (ii) the Annuity contract(s); (iii) a qualified assignment and release if applicable; (iv) a structured settlement questionnaire (to be provided by Buyer and executed by Seller); (v) a statement of legal representation; (vi) proof of Seller's age of majority and other valid government-issued personal identification; (vii) Seller's most recent federal and state income tax returns; (viii) and such other documents and information as Buyer may reasonably request depending on the personal situation of the Seller. 1.6 Disclosure Statement. Seller acknowledges receipt of a disclosure statement ("Disclosure Statement") setting out various information regarding this transaction. 1.7 2of10 Irrevocable Power of Attorne (a) With respect only to the Assigned Payments, Seller constitutes and irrevocably appoints Buyer or Buyer's successor or assign the true and lawful attorney for Seller and for Buyer's use and benefit to accept, sign, endorse, negotiate and/or transfer without restriction, in Seller's name and on Seller's behalf, all checks, drafts, promissory notes, or other instruments, payable to Seller's order, or which may require Seller's endorsement, and received pursuant to the Assigned Payments. This Power of Attorney shall be effective only upon the entering of a final court order. (b) This power of attorney shall be irrevocable until such time as Buyer has received all Assigned Payments to which it is entitled pursuant to the Agreement and shall not be affected by the death or disability of the principal. (c) With respect only to any promissory note given to Buyer by Seller in connection with this transaction, Seller grants Buyer the right to contact any financial institution in which Seller maintains any funds (a "Bank Account") to enforce the applicable provisions of the Agreement, such enforcement to be construed as a set-off against any and all obligations owed by seller to buyer under any promissory note given to Buyer by Seller. Seller hereby authorizes Buyer to record all appropriate UCC financing statements or other lien document on Seller's behalf against any such Bank Account. 1.8 Designation of Beneficiar. Seller designates Buyer as Seller's beneficiary to the Assigned Payments. Seller agrees to execute such additional beneficiary designation form as may be required by the owner of the Annuity and/or the issuer of the Annuity to carry out the intent of this Section 1.8. 1.9 Grant of Security Interest Seller hereby grants Buyer a first-priority, perfected and continuing security interest in all of Seller's right, title and interest in, to and under the Assigned Payments and the Related Rights (collectively, the "Collateral"). The term "Related Rights" as used in this Agreement means: (i) all payments in respect of the Assigned Payments; (ii) any underlying settlement and assignment documents or other ancillary documentation related to the Assigned Payments; (iii) all liens and property purporting to secure payment of the Assigned Payments; (iv) all rights of Seller under any insurance policy with respect to the Assigned Payments (and all proceeds and premium refunds thereof); (v) all guaranties, indemnities, warranties, financing statements and other agreements or arrangements of whatever character from time to time supporting or securing payment of the Assigned Payments; and (vi) all proceeds of and rights to enforcement with respect to any of the forgoing. All of the Collateral shall secure payment and performance of all of Seller's obligations at any time owing to Buyer, fixed or contingent, arising under this Agreement or by operation of law or otherwise. Upon the request of the Buyer, Seller shall furnish to Buyer such documents, financing statements and endorsements as Buyer may require to perfect its security interest in the Collateral. 1.10 Authorization to File Financing Statements Seller hereby authorizes Buyer, without notice to or further assent by Seller, to file such UCC financing statements and/or amendments 3of10 thereto with respect to the Collateral as Buyer deems necessary in order to perfect Buyer's security interest therein. SECTION TWO CONDITIONS OF CLOSING, INSPECTION AND WARRANTIES 2.1 Conditions Precedent. The following conditions precedent have been inserted for the benefit of Buyer and may be waived in whole or in part by Buyer in writing at any time at Buyer's sole discretion. It shall be a condition precedent to Buyer's obligation to complete the within transaction that at the time of closing on the Closing Date: (a) The Annuity and Assigned Payments shall be free and clear of all claims, Adverse Claims (as defined in Section 2.2 hereof), liens, mortgages, and encumbrances of any kind or character; (b) All necessary final and non-appealable court orders issued by courts of competent jurisdiction shall have been obtained by Buyer at Buyer's cost and expense with the cooperation of Seller in a form acceptable to Buyer approving the nature and particulars of the within transaction and directing that the Annuity Issuer recognize the sale and assignment of the Assigned Payments to Buyer or Buyer's successors and assigns as directed by Buyer without reduction or set off and receipt by Buyer of said court order(s), certified to be a true and complete copy by an officer or clerk of the court or filed in the court issuing such order (hereinafter referred to as "Court Order") and the corresponding Annuity Issuer and/or Annuity Owner's acknowledgement that the Assigned Payments shall be paid to Buyer or Buyer's successors or assigns as directed by Court Order; (c) Seller shall have caused to be terminated any UCC financing statement that purports to record a security interest in the Assigned Payments in favour of any secured party other than Buyer; (d) Seller shall have provided all documents and information requested by Buyer contemplated in Section 1.5 hereof; (e) Buyer shall have received a written acknowledgment from the Annuity Issuer in a form satisfactory to Buyer, in Buyer's absolute discretion, confirming that Seller is entitled to the Assigned Payments in the amount and manner described in the Terms Rider and acknowledging the Annuity Issuer's unqualified agreement to make all of the Assigned Payments to Buyer or Buyer's named successors and assigns in accordance with the Agreement and the Terms Rider and as directed precisely in accordance with the court order(s); (f) Buyer shall have determined in its sole and absolute discretion that (i) there has been no adverse change in the financial condition of the Annuity Issuer or Annuity Owner or (ii) the prospect of payment or performance by the Annuity Issuer or Annuity Owner has not been impaired in any way; 4of10 (g) Buyer shall have received and be satisfied with its review of the Documents and the final results of its Inspections (as defined in 2.2), including but not limited to credit and other searches; (h) Seller has performed all of his obligations under the Agreement. 2.2 Inspection. Buyer shall have the right to conduct one or more inspections ("Inspections") to enable it to determine whether there was filed any liens on, judgments against, or any adverse claim against the Seller and the Annuity (collectively referred to as "Adverse Claims"). Buyer, in its sole discretion, shall be entitled to discharge any Adverse Claims prior to or at the time of closing on the Closing Date by paying such amount or amounts necessary to so satisfy such Adverse Claims. In such case, the Purchase Price shall be automatically reduced by the amount of any such payments. If an undisclosed Adverse Claim affecting the Assigned Payments arises or is discovered after the Purchase Price is paid to Seller, Seller does indemnify Buyer and hold Buyer harmless from any and all resulting losses, shortfalls, or other encumbrances. 2.3 Warranties of Seller. Seller represents and warrants that: (a) The Agreement, when executed and delivered by Seller, will constitute a legal, valid and binding obligation of Seller, enforceable in accordance with its terms; (b) Seller is the holder of the entire right, title and interest in and to the Assigned Payments and has full power and authority to enter into and perform all of Seller's obligations under the Agreement, without obtaining the consent of any third party to do so. In that regard, Seller has and will at the time of closing on the Closing Date have full power and lawful authority to transfer the Assigned Payments to Buyer or to cause the Assigned Payments to be transferred to Buyer; (c) Seller is entitled to the Assigned Payments, free and clear of any right, interest, lien, charge, encumbrance, or other claim of any other person or entity. There are no suits or proceedings pending or threatened against or affecting the Seller or the Assigned Payments which are likely to have an adverse effect on Seller's ability to perform its obligations hereunder; (d) The Annuity (including the Assigned Payments) has not been obtained or created in any fashion which would violate any state, federal or local law, and there are no legal or equitable defenses to the payment of said Annuity to Seller; (e) Seller has paid all federal, state and local taxes owing through and including the date of execution of the Agreement, or has made or will make adequate provisions for such taxes; (f) Seller is not now in arrears or in default to any present or former spouse for support, maintenance or similar obligations nor is Seller indebted to any child for any child support or similar payment; 5of10 (g) The Assigned Payments, are not subject to any lien by any governmental agency to which benefits such as student loans, food stamp benefits or low income energy assistance benefits are owed; (h) Seller has never been known by any name(s) other than those set forth herein; (i) Seller's tax identification number is as set out in the Terms Rider; (j) The description of the Assigned Payments set forth in the Terms Rider is true and correct; (k) Seller has been independently advised and represented by counsel of choice throughout the negotiation of the Agreement or has knowing waived such advice. Seller has relied solely on the advice of Seller's counsel and other advisors with respect to the legal, tax and financial implications of this transaction and has not relied on Buyer's advice or the advice of Buyer's advisors and/or counsel; (1) Seller wishes to obtain "upfront" cash rather than wait for a series of scheduled payments in the future. Seller has considered other means of raising cash but after weighing options has determined that selling the Assigned Payments to Buyer would be in the best interest of the Seller; (m) Seller has not previously assigned, pledged or otherwise encumbered any portion of the Assigned Payments; (n) Seller has never voluntarily filed for bankruptcy or been subject to an involuntary bankruptcy proceeding or, if so, has had such bankruptcy proceedings discharged or dismissed and, if so, has disclosed the Annuity as required in the Bankruptcy filings; (o) Seller has not entered into this transaction for the purpose of evading creditors; (p) Seller shall immediately advise Buyer in writing in the event Seller changes his address of residency; (q) Seller is an adult of sound mind, not acting under duress or the influence of alcohol or other drugs; and (r) The facts set forth by Seller in the Agreement and all Schedules attached hereto are true and complete and do not omit to disclose anything as a result of which those statements are incomplete, false or misleading. 2.4 Indemnification. Seller agrees to hold harmless, defend and indemnify Buyer against all claims, losses, damages or expenses, including attorney fees, which Buyer might incur as a result of any breach or failure of any representation or warranty contained in Section 2.3 hereof or as a result of any breach of any term or provision of the Agreement. 6of10 SECTION THREE DEFAULT 3.1 Default by Buyer. Provided that Seller has not breached this Agreement, then in the event that Buyer shall fail to perform or observe any covenant or agreement to be performed or observed by it under the Agreement, Seller may at its option, and as its sole remedy, declare Buyer to be in default under the Agreement by written notice to such effect given to Buyer and declare the Agreement to be at an end. 3.2 Default by Seller. In the event that Seller shall fail to perform, observe, or honor any covenant or agreement in a timely manner or be in breach of any representation or warranty hereunder, Buyer may at its option, and in addition to any other remedies available to it in law (including the UCC) or equity, declare Seller to be in default under the Agreement by written notice to such effect given to Seller and, at any time thereafter, Buyer may declare the Agreement to be at an end. 3.3 Statutory Exception. Notwithstanding anything else contained in this Section 3, in the event that the transfer of the Assigned Payment fails to satisfy the conditions set forth in Title 40 of the Pennsylvania Statutes, or any amendments thereto, the Seller shall not incur any penalty or other liability to Buyer. 3.4 Remedies. Buyer may, in addition to any other remedies provided herein or at law, bring action at law or equity to exercise any one or more of the following remedies: (i) enforce performance of the defaulted provision, (ii) recover damages for breach thereof, along with its attorney fees and disbursements and other expenses of enforcing its rights hereunder to the extent disclosed to Seller in the Disclosure Statement. SECTION FOUR MISCELLANEOUS 4.1 Entire Agreement. The Agreement (together with the schedules attached hereto) represents the entire agreement between the parties and supersedes and cancels any prior negotiations, oral or written agreements, letter or intent or understanding related to the subject matter hereof. 4.2 Counterparts. The Agreement may be executed in several counterparts, and all so executed shall constitute on agreement, binding on both of the parties hereto, even though both parties are not signatories to the original or the same counterpart. Any counterpart of the Agreement that has attached to it separate signature pages, which altogether contain the signatures of both of the parties hereto, shall for all purposes be deemed a fully executed instrument. Each party to the Agreement agrees that (i) it/he will be bound by its own faxed signature, (ii) it/he accepts the faxed signature of the other parties to the Agreement and (iii) it/he will promptly deliver an original signature page to the other party. 7of10 4.3 Amendments. No provision of the Agreement may be amended, modified or waived except by written agreement duly executed by each of the parties hereto. 4.4 No Rule of Construction. The parties acknowledge that the Agreement was initially prepared by Buyer but Seller and Buyer have read and fully negotiated all of the language used herein. The parties acknowledge and agree that because Seller and Buyer participated in negotiating and drafting the Agreement, no rule of construction shall apply to the Agreement which construes any language, whether ambiguous, unclear, or otherwise, in favor of or against either Seller or Buyer. 4.5 Severability. Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any such provision shall be prohibited by or be invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement. 4.6 Waiver. The waiver or modification by a party of performance or breach of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent or other performance or breach thereof. 4.7 Survival of Obligations. The representations, warranties, agreements, acknowledgments, waivers and disclaimers made or contained in the Agreement shall. not merge in but survive the Closing Date and the consummation of the transaction contemplated by the Agreement, and shall remain in full force and effect until the expiration of any applicable statute of limitations. 4.8 Governing Law. The Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Pennsylvania and U.S. Federal law to the extent applicable. In the event of a dispute, the parties agree to attorn to the courts in the State of the Seller's domicile. The domicile state of the Seller is the proper venue to bring any cause of action arising out of the Agreement. 4.9 Headings. Section headings herein are used for convenience only and shall not otherwise affect the provision of the Agreement nor the interpretation hereof. 4.10 Assi nment. Buyer may, on written notice to Seller at any time prior to the Closing Date or thereafter assign the Agreement to Buyer's successors or assigns. Seller shall not assign any of its rights or obligations under the Agreement. 4.11 Expenses. Except as otherwise expressly stated in the Agreement, each party shall be responsible for paying its own fees and expenses (including attorney's fees) incurred in the negotiation of the Agreement and the documentation contemplated hereby and the closing of the within transaction. 4.12 Legal Fees. In the event that a dispute arises between the parties that results in litigation including any appeals, the prevailing party shall be entitled to be fully reimbursed by the unsuccessful party for its/his legal costs and other expenses including attorney's fees on a solicitor and client scale in addition to any award granted. 8of10 4.13 Waiver of Jury Both parties to the Agreement hereby waive the right to trial by jury in any action or proceeding instituted with respect to the Agreement. 4.14 Notices. All notices, consents, requests, instructions, approvals and other communications (hereinafter collectively called "Communications") provided for in the Agreement or given or made in connection with the transaction hereby contemplated shall be given, made or served in writing and shall be delivered by hand (which shall include courier delivery) or by facsimile transmission as follows: (a) if to Seller, to the Seller's Notice Address as set out in the Terms Rider. (b) if to Buyer: c/o Strategic Capital Corporation Fax No: 1-866-233-0863 575 Madison Avenue, Suite 1006 New York, New York 10022 Attention: Mr. Shawn Richmor Or such other address or fax number as either party may from time to time notify the other in accordance with this Section 4.14. All Communications made or given by delivery in accordance with the foregoing shall be conclusively deemed to have been given at the time of actual delivery thereof or, if made or given by facsimile transmission in accordance with the foregoing, shall be conclusively deemed to have been given at the time of transmittal. 4.15 Intentionally Left Blank 4.16 Further Acts. Seller shall do, make, execute, and deliver any and all such additional and further acts, assignments, assurances, and instruments as Buyer or Buyer's assigns may reasonably request for the purpose of completely vesting in Buyer or its Assigns, as the case may be, the rights assigned hereunder. 4.17 UCC Definition. As used in this Agreement, "UCC" shall mean the Uniform Commercial Code as the same may, from time to time, be in effect in the state where Seller resides (the "State"); provided, however, in the event that, by reason of mandatory provisions of law, any or all of the attachment, perfection or priority of Buyer's security interest in any Collateral is governed by the Uniform Commercial Code as in effect in a jurisdiction other than the State, the term "UCC" shall mean the Uniform Commercial Code in effect in such other jurisdiction for purposes of the provisions hereof relating to such attachment, perfection or priority and for purposes of definitions related to such provisions. IN WITNESS WHEREOF the parties have executed the Agreement as of the date first above written. 9of10 ST STMENTS, I N C. Name: Shawn Richmor Title: Chief Operating Officer SELLER Hailey Wim 10 of 10 Payee's Affidavit in Support of Petition to Transfer Structured Settlement Rights I, Hailey Wim, the payee, verify that the statements below are true and correct: 1. Payee' name, address and age:- "It i IA 2; M /Z 2. M rital Status: Never Married; Married; Separated; . Divorced If married or separated, name of spouse: 3. Minor children and other dependen : Names, a es, and places of re idence: 04 s o,r s 1?1a??11_?,r. M? Loo '?rn???? 4. Income: 16 (a) Payee's monthly income and sources: (b) If presently married, spouse's monthly income and sources: S. Child support, alimony oralimony pendente lite: Obligation to pay: Yes ?? No If yes, state the amount of the obligation, to whom payable, and whether there are arrearages: 6. Previous transfers: Have you previously filed a petition to transfer payment rights undel the structured settlement that is the subject of this petition? __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: (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: (ii) State the amount of money and the manner in which the money was used: (c) Have you ever transferred payments without court approval? 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 amount will not better serve your l /'' r interests: ('1e4 M ij !? exrj me.?1 t ? a /'?7 \ ?l ( A? A .' :..?.nn 8. Payment of debts: If you seek the transfer in order to pay debts, list each debt, including the name of the creditor and the amount presently owed: Debt Creditor Amount Owed Verification I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATE: I y D641" , 1. 1 Hailey Wim DATE RECEIVED: January 14, 2011 DMLOS ,j,?AM TO TITLE 40 QE= ENN§XLVANIA STATUTES COMES NOW, the Transferee, STRATCAP INVESTMENTS, INC., which pursuant to Title 40 of the Pennsylvania Statutes, as amended, hereby offers the following disclosure as required under the provisions of that section in connection with the above-captioned matter: (A) The amounts and due dates of the structured settlement payments to be transferred are: Seventy Two (72) Monthly payments in the amount of Six Hundred and Fifty Dollars and Fixity Eight Dollars ($ 650.58) which will become due and payable to you commencing January 18, 2011 through and including December 18, 2016; (B) The aggregate amount of these payments is $469841.76; (C) The discounted present value of the payments, based upon the discount rate of 2.4 percent is $43,663.42; (D) The gross amount payable to Transferor, Hailey Wim, in exchange for such payments is $30,078.00; (E) The estimated fees and costs to be charged to Transferor, Hailey Wim, with respect to this Transfer are: Brokers Fee: $ .00 Attorney Fees: $ .00 Filing Fees: $ .00 Postage: $ .00 Copies: $ .00 TOTAL $ .00 (F) The net amount payable to Transferor, Hailey Wim, following deduction of the aforementioned fees and expenses is $30,078.00; (G) The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of these payments is 6&9; Therefore, the net amount that you will receive from us in exchange for your future Structured Settlement Payments represents 68.9 percent of the estimated current value of the payments based upon the discounted value using the applicable federal rate. (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 16.4 percent per year; and (1) The amount of any penalty and the aggregate amount of any liquidated damages (including penalties) payable by Transferor, Halley Wim, in the event of your breach of the transfer agreement are: (1) Attorney's Fees: $ .00 (2) Recission Fee: $ .00 (3) Liquidated Damages: $ .00 TOTAL: $ .00 I have received and reviewed a copy of the foregoing Disclosure Statement. I agree with its terms, and my endorsement of this Statement reflects my understanding and acceptance of its Provisions. am aware that I have ten (10) days from the date of receipt of this Disclosure Statement to change my mind about this transaction and if I wish to terminate the transaction without penalty I may do so within this said ten (10) day period by providing written notice to Buyer. .p Halley Wim STATEMENT OF PROFESSIONAL REPRESENTATION I HAVE BEEN ADVISED BY STRATCAP INVESTMENTS, INC. THAT I SHOULD OBTAIN INDEPENDENT PROFESSIONAL REPRESENTATION CONCERNING THE LEGAL, TAX AND FINANCIAL IMPLICATIONS OF THIS TRANSACTION, BUT I FULLY UNDERSTAND THE AGREEMENT AND THE EFFECTS OF THE TRANSACTION AND I DO NOT WISH TO SEEK OUT SUCH INDEPENDENT PROFESSIONAL REPRESENTATION. Acknowledged by: ? J-1 i Hailey Wim OR I, HAILEY WIM HAVE OBTAINED INDEPENDENT REPRESENTATION & I FULLY UNDERSTAND THE LEGAL, TAX AND FINANCIAL IMPLICATIONS OF THE TRANSACTION STIPULATED IN THE STRUCTURED SETTLEMENT ANNUITY SALE AND ASSIGNMENT AGREEMENT AND THE RELATED DOCUMENTS. THE NAME OF MY PROFESSIONAL ADVISOR IS SET FORTH BELOW: Acknowledged by: Hailey Wim To Be Completed By Certified Professional Advisor (and Notarized) Name of Professional: Phone Number: ( ) Address: Type of Professional: ? Attorney ? Certified Public Accountant ? Certified Financial Advisor Designation: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOINT PETITION FOR TRANSFER OF STRUCTURED SETLEMENT PAYMENT RIGHTS BY HAILEY WIM, No. PAYEE, AND STRATCAP INVESTMENTS, INC. CERTIFICATION OF COUNSEL Ronald E. Reitz, attorney for Stratcap Investments, Inc., hereby sets forth the following: 1. I, Ronald E. Reitz, am counsel of record in this matter for Stratcap Investments, Inc. 2. Based on materials provided to me by Stratcap Investments, and upon reasonable investigation and inquiry, 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 . 229.2. knowledge, information and belief pursuant ZRe'tz I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOINT PETITION FOR TRANSFER OF STRUCTURED SETLEMENT PAYMENT RIGHTS BY HAILEY WIM, No. H - 13 17 C*) a PAYEE, r m r1 n - AND ?? cu am STRATCAP INVESTMENTS, INC., no INITIAL ORDER OF COURT Z? N ?m On this da of 2011 it is orAred y , that a hearing on this Joint Petition to Transfer Structured AP Settlement, Payment Rights will be held on ? in Courtroom at o'clock. The payee sr:aJ_1 bring income tax returns for the prior two (2) years to the hearing. Within seven (7) days, the transferee shall give notice of the hear=ing date to the payee, the structured settlement obligor, the annuity issuer, the payee's spouse and any person receiving child support, alimony, or alimony penden_te lice. 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: '?f2onaid E ??e?tz ?Alls-ktie ?s?nmen+ ?.o --- -- -' J . ?Hw1ey Warn W-led Si-rniec? iC eaf"w Corp Noes Iglu Alls?lo?.e Life?ns. Co a pi(g IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOINT PETITION FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS BY HAILEY WIM, No. 11-1317 PAYEE, AND STRATCAP INVESTMENTS, INC. FINAL ORDER OF COURT_ AND NOW, this day of June, 2011, it is ordered that the Petition to Transfer Structured Settlement Payments Rights is granted. The court specifically finds that: (1) The payee, Hailey Wim a/k/a Hailey Katherine Wim ("Ms. Wim"), has established that the transfer is in the best interest of Ms. Wim and her dependents, taking into account the welfare and support of her dependents. (2) Based on the certification by an attorney for the transferee, Stratcap Investments, Inc. ("Stratcap"), 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 court' or responsible administrative authority, or any applicable law limiting the transfer of workers' compensation claims. 1 The Court has reviewed and considered the Order dated March 20, 2009 entered by the Superior Court of Hunterdon County, New Jersey, a copy of which is attached hereto as Exhibit "A," approving the underlying structured settlement. The Court has further reviewed the June 22, 2011 Order of the Superior Court of Hunterdon County, New Jersey, a copy of which is attached hereto as Exhibit "B," granting express written approval of the proposed transfer. BEO1/ 767533.2 (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), 403(a)(5) and 4003(a)(6). Based upon the foregoing findings, IT IS HEREBY ORDERED that: (1) The payments that are to be transferred are designated as follows: monthly payments each in the amount of $650.58, commencing January 18, 2011 through and including December 18, 2016 (the "Assigned Payments"). (2) The annuity issuer, Allstate Life Insurance Company ("Allstate Life"), shall forward the following Assigned Payments, within 7 days of the date due, to Stratcap's designated assignee, Phyllis F. Perlin Revocable Trust ("Perlin Trust"), by check made payable to "Phyllis F. Perlin Revocable Trust," at 3360 S. Ocean Boulevard #5-HS, Palm Beach, FL 33480 (the "Designated Address"): monthly payments each in the amount of $650.58, commencing on July 18, 2011 through and including December 18, 2016. (3) The terms of this Order shall survive the death of Ms. Wim and shall be binding on Ms. Wim's heirs, beneficiaries and assigns, and her death shall not affect the right of Perlin Trust to receive the Assigned Payments. (4) Perlin Trust is authorized to make subsequent assignments or transfers of the Assigned Payments (a "Reassignment") except that, regardless of any such Reassignment, the Assigned Payments will continue to be serviced by Perlin Trust (or an agent on its behalf). In other words, the Assigned Payments will continue to be made by Allstate Life and the structured settlement obligor, Allstate Assignment Company (collectively, "Allstate"), to Perlin Trust at the Designated Address only, regardless of any Reassignment. However, if for reasons beyond the control of Perlin Trust, or for traditional address change purpose the Designated Address is no longer valid (i. e., if Perlin Trust moves or for other reasons the Designated Address is no longer BE01/ 767533.2 -2- a viable address for Perlin Trust to receive payments), Allstate agrees to make the Assigned Payments to a new address. Notwithstanding the foregoing, this Order and the parties' stipulation ("Stipulation') will remain binding and fully enforceable against Stratcap, Perlin Trust, and Ms. Wim. (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. Wim and will be forwarded by Allstate Life, when due, to Ms. Wim's most recent known address or any payment address designated by Ms. Wim, subject to Allstate's consent. (6) Stratcap and Perlin Trust 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 agreement between Stratcap and Ms. Wim, 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 Stratcap and Perlin Trust against Allstate to enforce Allstate's obligations to Stratcap and Perlin Trust under the parties' Stipulation. To the extent Stratcap and Perlin Trust fail 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. BE01/ 767533.2 -3- (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 Stratcap and/or Perlin Trust and their customers constitute valid sales and/or loans; or (c) Allstate has waived any right in connection with any other litigation or claims; or (d) Stratcap or Perlin Trust has waived any right other than as expressly set forth in this Stipulation. (8) Ms. Wim shall receive from Stratcap the amount of $30,078.00, from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: I?Unq ?of P i-4-2, z S ?10rll ma./,d py( -- vlq\-? Judge N 2 TI rn co =M C_- e- 7_ ' 0 CD Cn o )> = C-)-T1 O yC= rv = .... °M -t w :;0 BE01/ 767533.2 - 4 - FXHIBIT A BF,01/ 767533.2 02/08/2011 14:51 IFAX FAXR0011QDBR.C0M 2/8/2011 1:48:25 PM PAGE 11 LEARY, BRIDE, TINKER 4 MORAN A Professional Corporation 7 Ridgedale Avenue Cedar Knolls, NJ 07927 (973) 53972090 Attorneys for plaintiff Hayley Wim by her Guardian ad Litem Shirlee Hewitt File No. 25461 BP kHAYLEY WIM, BY HER GUARDIAN AD ) LITEM SHIRLEE HEWITT ) Plaintiff (s) ) V. ) JACOB CAROM AND RICHARD CAROM j Oefendant(s) } ) W FAX CENTER 0002/004 2/004 Fax Server 0 MAR 2 5 2009 RMOrs RUBIN SUPERIOR COURT OF NJ LAW DIVISION HUNTERDON COUNTY DOCKET NO. L 525-08 CIVIL ACTION ORDER ENTERING JUDGMENT AND DEPOSIT OF FUNDS This matter having come before the Court in accordance with R.4:44-3 and the attorneys for the parties having reported to the Court that a settlement of the infant plaintiff's claim has been arrived at between the plaintiff and the defendant(s), and the Court having then taken proofs on the record and having approved said settlement; IT IS on this 2"o day of March 2009, ORDERED that Judgment is entered on behalf of Hayley r Wim, an infant by her Guardian. Ad Litem and in favor of Hayley Wim individually, in the gross amount of $100,000 02/08/2011 14:51 IFAX FAXROOMBR.COM -+ FAX CF.NTFR Q003/004 2/8/2011 1:48:25 PM PAGE 3/004 Fax Server against the defendant(s), Jacob Carom and Richard Carom without costs and/or interest; and IT 15 FURTHER ORDERED-that pursuant to Rule 4;4$A, that the net present recovery of $100,000 shall be { structured as follows. The payments will be assigned to i i C A12state Assignment Company (Assignee) by way of a Uniform I Qualified Assignment by the defendant and/or insure=. In accordance with the Uniform Qualified Assignment, the 1 assignee will fund its obligation to make payments through ok the purchase of an annuity from Allstate Life Insurance C=Wany, an A+ Superior rated life carrier by the F independent rating service, A. M. Best. The payments will be guaranteed through the issuance of Statement of Guarantee by Allstate Life Insurance Company which guarantees the obligation of Allstate Assignment Company assumed under the Uniform Qualified Assignment. Periodic payments will be made to Hayley wim as follows; $650.58 GUARANTEED monthly, for 20 Consecutive years beginning August 18, 2009, with the final guaranteed payment on July 18, 2029. In the event of the death of Hayley slim prioz to July 18, 2029, any periodic payment due and payable as outlined 02/08/2011 14:51 IFAX FAXROOMODBR.COM FAX CENTER 0004/004 2/8/2011 1:48:25 PM PAGE 4/004 Fax Server E f above on the dates above will be paid to Rayley Wim's designated primary beneficiary(s) who is: McKenna Wim, Hayley Wim retains the right to amend the beneficiary designation, in accordance with the Settlement Agreement and Release, upon reaching the'age of majority, IT IS FURTHER ORDERED that the attorney for the plaintiff deliver a copy of this Order to all parties within '0 days of the date hereof. °W S6p?f6.v eliraiN J.s.c. EXHIBIT B BEO 1 / 767533.2 r f f ? JUN 222011 9 IN RE: i PUP RIOR COURT OF NJ LAW DIVISION MISCELLANEOUS PETITION` OF ).iUN•TERDON COUNTY STRATCAP INVESTMENTS, INC. FOR APPROVAL OF STRUCTURED DOCKET NO. SETTLEMENT TRANSFER FROM THE / COURT THAT-APPROVED ORIGINAL CIVIL ACTION STRUCTURED SETTLEMENT T)1_ ORDER 0?' COff-W- ORT AND NOW, this day of , 20? 1, it is hereby ORDMM, ADJUDGZD and DECREED that this Court expressly approves the proposed transfer of structured settlement payment rights by Payee, Hailey Wim, as requested in the within petition and as more fully set forth in No. 11-1317 in the Court of Cumberland County, Pennsylvania. Further ORDERED that a copy of this Order be served upon all interested partb3s within seven (7) days of the date hereof. BY THE COURT: of Common P1 4 TIED , tWIF b-OPY to- - FISTIr A. W9 J. 1.6V b .4(,40 41?1 1 /( y Y? L 01? 14? - A ? 2A: - , At,, - f ,, tom''