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HomeMy WebLinkAbout11-2337. I r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: JOINT PETITION OF STONE I3? C1 T?rvK STREET CAPITAL, LLC No. - ) And . c7 JEANNIE L. HIGH, TO ?_ TRANSFER STRUCTURED IL _ 1-n- m PAYMENT RIGHTS I m c? "? t 1 N JOINT PETITION TO TRANSFER i-x -:--, STRUCTURED SETTLEMENT PAYMENT RIGHTS -C C Joint Petitioners, Stone Street Capital, LLC, and Jee, ni L. High, 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 Stone Street Capital, LLC ("Stone Street"), a company in the business of purchasing future periodic payments and therefore a "transferee" as defined by 40 P.S. § 4002. Stone Street is a Delaware limited liability company having a place of business at 7316 Wisconsin Avenue, Fifth Floor, Bethesda, Maryland 20814. 2. Joint Petitioner and "Payee" is Jeannie L. High, an adult individual whose date of birth is November 25, 1978, and who resides at 16 Mountain View Terrace, Newville, Pennsylvania 17241. 3893 / ,2* 25:5 9 . P 3. This Court has jurisdiction to determine the merits of this joint petition pursuant to the Act because the Payee is domiciled in Cumberland County, Pennsylvania. 40 P.S. § 4004. 4. As the result of an injury claim, Payee is entitled to receive $756.76 payable monthly on the 2nd of each month, guaranteed until October 2, 2018, increasing by 3% annually and continuing for life thereafter (a benefits letter, 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 Jamestown Life Insurance Company, the Structured "Settlement Obligor" as defined by 40 P.S. § 4002. Jamestown Life Insurance Company is located at 3100 Albert Lankford Drive, Lynchburg, Virginia 24501. 6. The obligation was funded through the issuance of an annuity by First Colony Life Insurance Company n/k/a Genworth Life & Annuity Insurance Company (the "Annuity Issuer"). First Colony Life Insurance Company n/k/a Genworth Life & Annuity Insurance Company is located at 6620 Broad Street, Richmond, Virginia 23230. 7. On February 18, 2011, Payee executed a "Purchase, Transfer 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 144 monthly payments of $1,047.54 from November 2, 2018 through and including October 2, 2030, increasing 3% each November, to Stone Street.l 8. The right to receive the payment described above at paragraph 4, and reflected in Exhibit "A", is exclusive to the Payee. 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 February 18, 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, Payee wishes to make home improvements, and purchase a vehicle. 12. Payee is 32 years old, and married with two children. 13. Payee has been provided, and has acknowledged receipt at least 10 days prior to receipt of the Transfer ' Pursuant to Rule 229.2(d), Stone Street Capital, LLC has attached a Verification in support of the joint 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 Stone Street. Agreement, 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: a. The amounts and due dates of the structured settlement payments to be transferred are: 144 monthly payments of $1,047.54 from November 2, 2018 through and including October 2, 2030, increasing 3% each November. b. The aggregate amount of the structured settlement payments to be transferred is $178,400.76. 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 $121,032.76. d. The federal discount rate used to determine the discounted present value is 2.8%, as most recently published by the IRS. e. The gross amount payable to Payee in exchange for the transferred payments is $36,601.22 f. The net amount payable to Payee after deduction of legal fees, costs, life insurance, and processing fees is $23,461.22. g. The quotient is 19.38%. 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 ($23,461.22), 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 16.72% per year ("Disclosure Statement", Exh. "D", para. 8). 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). ("Important Notice", Exhibit "E", attached). 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 on Independent Professional Advice," attached to this Petition as Exhibit F„ 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 "G"). 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), no judge of this County has ruled on any issue in the same or related matter. WHEREFORE, Joint Petitioners, Stone Street Capital, LLC, and Jeannie L. High, pray that this Honorable Court grant this Joint Petition to Transfer Structured Settlement Payment Rights. Respectfully submitted, Swartz C ll LLC By: / &C Ronald E. Reitz PA I.D. No. 55408 4750 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-456-5404 rreitz@swartzcampbell.com Attorney for Transferee, Stone Street Capital, LLC VERIFICATION I, Patricia LaBorde, Division Counsel for the Structured Settlement. Division of Stone Street Capital, LLC, have read the foregoing Petition for Jeannie High 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 is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 2 a f Date: Patricia LaBorde 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 mail, return-receipt requested, postage pre-paid, on this Z V_ day of February 2011 on: Jamestown Life Insurance Company 3100 Albert Lankford Drive Lynchburg, VA 24501 ("Settlement Obligor") First Colony Life Insurance Company n/k/a Genworth Life & Annuity Insurance Company 6620 Broad St. Richmond, VA 23230 ("Annuity Issuer") and by regular U.S. mail, postage prepaid to: Monica Saunders, Team Lead & Senior Paralegal Stone Street Capital, LLC Structured Settlement Division 7316 Wisconsin Avenue, Suite 500 Bethesda, MD 20814 ("Transferee") Jeannie High 16 Mountain View Terrace Newville, PA 17241-9022 ("Payee") Swartz C ell LC By: Ronald E. R 'tz Attorney for Transferee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: JOINT PETITION OF STONE STREET CAPITAL, LLC No. And JEANNIE L. HIGH, TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS 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: 144 monthly payments of $1,047.54 from November 2, 2018 through and including October 2, 2030, increasing 3% each November, to Stone Street Capital, LLC; (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 $23,461.22, from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: J. FEB-.09-2011 WED 11:47 AM MIST NORTH MIDDLETON FAX No. 7172585506 P.007 Genworth Financial Genworth Life and Annuty Insurance Company May 30, 2008 JEANNIE L METZGER P O BOX 562 MILLERSTOWN PA 17062 RE- !^.!nnLlify Contract #.E: OAA4898 Owner: JAMESTOWN LIFE INS CO Dear Ms. Metzger: y P.O. Box 6168 Lynchburg, VA 245056168 888 322.4629 Toll Fina 434 948.6440 Fax Thank you for choosing Genworth Life and Annuity Insurance Company for your Insurance needs. This letter will serve as verification of the annuity benefit payments currently scheduled to be paid to youl narne of payee, and is being sent at your request/ the request of Name. According to our records, you/person's name is/are scheduled to receive: • $756.76 payable monthly on the 2nd, guaranteed until October 2, 2018, increasing by 3% annually November 2"d, continuing thereafter for as long as you shall live These benefits are being paid according to the terms of a settlement agreement and must be paid as indicated. The periodic payments cannot be accelerated, deferred, increased, decreased, assigned, sold or transferred, This contract has no cash surrender or loan value. Your business is greatly appreciated and we look forward to serving you in the future. If you have questions, please call us at 888 322.4629, Monday-- Friday 9:00 a. M, to 6:00 p,m. Eastern Time. Sincerely, Annuity Benefit Services 42350 3007 FT I a FEB-18-2011 15:15 FROM:WILLIAM TAYLOR 7177899955 TO:18003641614 P.1 Stenestll a C a p i t a( PURCHASE, TRANSFER AND ASSIGNMENT AGREEMENT This Purchase, Transfer and Assignment Agreement, which along with the Terms and Conditions attached hereto is referred to herein as the "Agreement", is a contract between Stone Street Capital, L.LC its successors and/or assigns ("Stone Street" or "we," "us", or "our'), a Delaware Limited Liability Company, and kannic High (rofcmd to as "you" or "your"). The purpose of this Agreement is to set forth the terms of a legally binding contract where you agree to soil us your structured settlement payments. SUMMARY OF KEY TERMS: You agree to sell, and Stone Street agrees to purchase the following payments: 144 monthly payments of $1,047.54 from November 2, 201$ through and including October 2, 2030, increasing 3% each November ("the Assigned Payments") You have agreed to accept the following purchase price in exchange for the Assigned Payments: $36,601.22 (the "Purchase Price") Disclosure Statement. To comply with state and federal law, we gave you a Disclosure Statement that explained the financial terms of this Agreement. Among other things, the Disclosure Statement describes the fees that you will be responsible for at the time of funding. The terms set forth of the Disclosure Statement, including any later amendments to the document, are considered a part of this Agreement. You agree that you had the opportunity to read and review the Disclosure Statement, and that you agree to its terns. Date of the Agreement. The date of this Agreement is February 28, 2011, and you have no obligation under this Agreement before that date. By signing below, the parties agree to be bound to the terms of the agreement, including the provisions set forth in the Terms and Conditions attached hereto and incorporated herein by reference. SELLS Z?F Se ignaturc 't'his forego' g Instrume t was acknowledged before me this `day of 2011 by Jeannie l fish who is either (1) personally nown to mo or (ii) who has produced identificatiwr. STONE STREET CAPITAL, LLC: By: David M. Lewis, Senior Vice President Notary Sisnaturo,oo' [r Notary Public in and for the Sta of My Commission UpI/Ia- 01 EMY ires;NOTAIIAL KAL MMY POW INO T".,PERRY COWM +al Ma" F0VW MIY 6.1013 . FEB-18-2011 15:15 FROM:WILLIAM TAYLOR 7177899955 TO:18003641614 P.2 TERMS AND CONDMONS The purpose of this Terms Summary is to set forth additional terms of a legally binding contract where you agree to sell structured settlement payments to Stone Street Background A. You (or someone acting on your behalf) settled a lawsuit or a claim sometime before the date of this Agreement, and as a result of that settlement, you became entitled to receive payments payable over time. The terms of that agreement are documented in a Settlement Agreement or a similar document (the "Setticmcrit Agreement!). The defendants or their insurers in your lawsuit or claim assigned their obligation to make those payments to a third party, the Settlement Obligor (the "Obligor"). The Settlement Obligor purchased an annuity (the "Annuity") from an insurance company (the "Issuer") to make sure that you would receive the payments according to the terms of the Settlement Agreement. You are entitled to receive payments from. the Annuity. B. You have decided that receiving your payments according to the timetable set forth in the Settlement Agreement does not satisfy your financial needs. Air thinking about other ways of addressing your financial sit=tion, you have decided to sell some of your payments to Stone Street in exchange for a cash payment. 1. The Sale and Purchase. You agree to sell the settlement payments identified as the "Assigned Payments" on the Summary of Key Terms to which this Terms Summary was attached. Stone Street agrees to pay you, and you agree to accept, cash in the amount identified as the "Purchase Price" stated on the Summary of Key Terms to which this Terms Summary was attached 2. How the Purchase Price Will be Paid to You. We will pay you by any means you choose, including an electronic wire transfer directly to your bank account or by check. If you elect an electronic wire transfer, we will only make payment to a bank account in your name. 3 What Most Hap.Ren Before Funding. Before the Assigned Payments are transferred to Stone Street, a court must approve this Agreement. After court approval, there are additional conditions that must be met before we can pay you your Purchase Price. First, the Issuer must acknowledge, in writing, the receipt of a court order that: (a) dkoc:ts the Obligor and Issuer to make the Assigned Payments to Stone Street to the address and entity that we name; (b) makes all findings required by applicable law; and (c) cannot be appealed. Second, we must confirm that all of your obligations under the Agreement have been satisfied including providing us with all necessary documentation. Last, we must review the transaction, the supporting documents, lien, judgment, bankruptcy and other searches to verify that there is no right or condition that exists that would require us to terminate this Agreement. When these steps are satisfied, your transaction. will close and fund. 4. The Payments We Do Not Buy.. If you decided to sell us only a portion of your payments, this Agreement does not affect the payments that you did not sell. You will continue to receive the unsold portion of the payments unless those payments were previously sold, encumbered or subject to court ordered garnishment or execution, in some cases, the court, the Obligor or the Issuer may require that the entire structured settlement payment be paid to us, and, upon receipt, we shall remit the unassigned portion of the structured settlement payment back to you. If such a circumstance arises in your transaction, you agree to this payment servicing arrangement. 5. Other Documents. Stone Street will expeditiously and diligently work to get a court order approving this Agreement. To assist us in this process, you agree to execute additional documents that may be required by the court, the Obligor or the Issuer. You agree to provide us with complete copies of your Settlement Agreement and Annuity, and other documents necessary to complete the transaction. 6. You Own and Can Sell Your Payments. We must establish that you own the payments that FEB-19-2011 15:16 FROM:WILLIAM TAYLOR 7177999955 TO:18003641614 P.3 you are selling to us, and that no one else could claim an interest in the Assigned Payments, 'Unless you tell us in writing otherwise, you represent and promise to us that: (a) You have the right to receive and sell the Assigned Payments; (b) This Agreement does not conflict with any of your other obligations; (c) The Assigned payments are not subject to any community property or spousal rights of any person; (d) There is no dispute, lawsuit, or challenge relating to your right to receive the payments under the Settlement Agreement; (e) Neither you nor anyone else has sold, pledged or otherwise transferred the Assigned payments nor attempted to do so; No other person or business claims a security interest, lien, right, title, or interest of any kind in the Assigned Payments; (g) All applicable child support, alimony, and tax obligations are up to date; (h) There are no unsatisfied judgments against you; (i) You are not in bankruptcy; and {j) If one or more of these statements becomes untrue before the Purchase Price is paid to you, you agree to notify us in writing. Ia all events, you authorize us to conduct credit checks, judgment and lien searches, and criminal background searches to confirm that there are no claims against the Assigned Payments, 7. Your Promises to Ua. Stone Street is relying upon the statements you have made to us and the documents you have provided regarding you, your situation, the payments you are receiving, and the payments you are now selling, including the following: (a) You completed and signed an application along with this Agreement, and the information contained in the application is complete and correct; (b) You believe that selling the Assigned Payments is in the best interest of you and your dependents; (c) You are 18 years of age or older, are of sound mind, not under the influence of drugs or alcohol; (d) You understand and agree that you are not considered a "consumer" in this transaction, and that you waive the protection of various consumer protections laws; (e) You understand that we are not assuming any of your obligations under the Settlement Agreement, Annuity, Uniform Qualified Assignmont or other related documents; (f) You understand and agree to the terms of this Agreement; (g) No one has forced you to sign this Agreement nor has anyone promised you anything other than what is stated in this Agreement in an effort to persuade you to sign it. 8. Inde ndent Advisor. Before you sign this Agreement, you may wish to consult with an independent advisor to seek legal, financial or other expert advice regarding the legal, financial, and tux consequences of this Agreement. By signing this Agreement, you acknowledge that Stone Street has advised you of this right in writing. 9. Deductions from the Purchase Price. We will deduct from your Purchase Price any fees that are set forth on your Disclosure Statement, In addition, you may have elected to sell payments to pay off debts, liens, and past due obligations. If you owe back taxes, past due child support, or have judgments or liens recorded against you or your assets, we may require that some o'f those debts, claims, or liabilities be paid at the time the transaction is funded. If it is reasonably necessary to pay certain debts before funds are released to you so that the Assigned Payments are not subject to such debts, Stone Street will pay those debts for your account and deduct the payment from your Purchase Price. Also, you may have received a partial prepayment of the Purchase Price. Any pre-funding payments that you may have received prior to Closing will also be deducted from the Purchase Price. 10. Payments Received Before Fun&g. You acknowledge that it may take some time for the 0018"w FEB-1B-2011 15:16 FROM:WILLIRM TRYLOR 7177899955 TO:18003641614 P.4 Obligor and Issuer to receive and process the court order. Accordingly, you could receive payments that were supposed to be sold to Stone Street. If you receive some payments before we pay you the Purchase Pricc, the amount of payments received by you will be deducted from the Purchase Price. 11. Amount Reldb k from Purchase Price. As set forth above, it may take the Obligor and Issuer some time to process the court order. We may withhold an amount from the Purchase Price equal to the amount of the payments to be paid within two to six months of the closing (depending upon the insurer and its practices). When the Assigned Payments begin to be received by Stone Street, the amount withheld will be released to you, less the amount of any payments paid over to you in error while the insurance company was processing the address change. 12. ReMt_villg Payments In_Erro r, The Obligor and Issuer may send an Assigned Payment to you in error. In the event that you receive a payment that you have sold to Stone Street, you agree to hold those payments in trust and immediately turn them over to Stone Street. 13. Yom. imited Power o Attorney, Some insurance companies will continue to make the Assigned Payments payable in your name alter the transaction is closed. You hereby grant Stone Street, or its successors, assigns or agents, an irrevocable limited "power of attorney" granting us the right to cash these checks and to deposit the money into our collection acwunt. 14, farant of Security Interest, You intend to sell and Stone Sorest intends to pure ase your rights, title and interest in and to. the Assigned Payments. This Agreement is not a loan. Subject to the court's approval of the sale, you grant to Stone Street a security interest under Article 9 of the Uniform Commercial Code in your rights and interest in the Assigned Payments. These rights have been assigned to Stone Street as a payment intangible or general intangible under Article 9 of the Uniform Commercial Code. This Agreement shall function as a security agreement, and the security interest secures payment of the rights assigned and performance of your obligations under this Agreement. In the event that the transaction is for any purpose characterized as a loan, a financing or extension Uf credit or anything other than a true sale by any court, you grant us a security interest and al l rights of a secured party lender under the Uniform Commercial Code. We may file a UCC-1 financing statement or continuation statement evincing and perfecting our rights in the jurisdictions that we deem appropriate, 15. Tests mentarv Agreement. If you should die prior to the due date of the last Assigned Payment, Stone Street will continue to receive the Assigned Payments on the dates set forth in the Summary of Key Terms. You are giving up your rights to the Assigned Payments, and the rights of your heirs, successors, beneficiaries, and/or any other person claiming by, through or under you. Accordingly, this Agreement is a Testamentary Agreement in which you irrevocably agree to name Stone Street or its assigns as the party that will inherit the Assigned Payments upon your deatfi. You understand that you no longer have the power to amend, modify, alter or otherwise change this beneficiary designation. Also, you agree to sign a form designating Stone Street as the sole beneficiary under the Annuity during the term of the Assigned Payments. 16. Restrictions on Assignment, Your Settlement Agreement may contain language prohibiting your right or power to accelerate, defer, increase, decrease or assign your payments. You hereby waive and release any such restriction if your Settlement Agreement or the Annuity contains this or similar language, As such, you understand and agree that you will never claim or assert that the payments you are now selling were not transferable, or that this language renders this Agreement void. 17. Arbitration of Disputes after Closine. Once your transaction has closed, any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents, successors or assigns of the other, arising from or relating in any way to this Agreement or any prior agreement (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief) including Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement or any prior agreement, shall be resolved by mandatory binding arbitration. For matters that could be brought in your local small claims court, you have the option of proceeding in the small claims court rather than proceeding in arbitration. This arbitration provision cannot be used to FEB-18-2011 15:17 FROM:WILLIAM TAYLOR 7177899955 TO:18003641614 P.5 bypass state and federal laws requiring court approval of this transaction. Ile arbitration shall be conducted by JAMS Arbitration ("JAMS') under the Code of Procedure in offect at the time the Claim is filed. JAMS Rules and forms may be obtained and Claims may be filed at any JAMS office, online at www.'amsadr.or or by telephone 1-800-352-5267. You will have the right to counsel, the right to be heard in front of a neutral arbitrator, and you will have the opportunity to participate in the selection of the arbitrator. You will retain all the remedies that you are afforded under local, state and federal law. The arbitration shall take place in your hometown or in the JAMS office closest to where you are located, The arbitrator shall apply the law of the jurisdiction where we sought court approval of this Agreement. We or you may, upon approval of the other, substitute another nationally recognized, independent arbitration organization that uses a similar code or procedure. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 C' FAA'). Any arbitration award shall be final, and judgment upon the award may be entered in a court having jurisdiction. No Claim submitted to arbitration is heard by a jury, and no Claim may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. 18. Construction of this Agreement, All of the headings contained in this Agreement arc for convenience only, They are not part of this Agreement, and that shall not affect its meaning, construction or interpretation. This Agreement, the Disclosure Statement, and the attached exhibits make up the entire agreement between you and Stone Street and replace all prior arrangements and understandings, written or spoken. If we amend this Agreement, the terms of the amendment shall control over terms that set forth herein. 19. Sevetv. Should any provisions of this Agreement is held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, that provisions shall bo deemed to be modified to the extent necessary to render it lawful and enforceable. If such a modification is not possible, that provisions shall be severed from the Agreement and shall not in any way affect or impair the validity, legality and enforceability of the remaining provisions in this Agreement. 20. JFu a Agalloglent By Stone Street. Stone Street (and any future assignee) may assign all of its right, title, and interest in and to this Agreement, the other related documents, the Annuity, and the Assigned payments either before or after the closing and without any requirement of prior consent from or notice to you. 21. Applicable Law. Except as otherwise required by applicable statutory law, this Agreement shall be governed by and interpreted in accordance with the law of the jurisdiction where we sought court approval of this Agreement. M1 FEB-18-2011 15:18 FROM:WILLIAM TAYLOR 7177899955 TO:18003641614 P.8 TN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA PETITION OF STONE STREET CAPITAL, ) L.LC TO TRANSFER STRUCTURED ) No. S:UTLBMENT PAYMENT RIGHTS ) I, Jeannie High, the Payee, verify that the statements below are true and correct. 1. Payee's name, address and age: Jeannie High, 16 Mountain View Terrace, Newville, PA 17241 Age 32 2. Marital Status: - Never Married; -X Married; Separated; Divorced If married or separated, name of spouse. Mark High 3. Minor children and other dependents: Names, ages, and places of residence. Matthew & Mark Metzger both are age 8 living at home. 4. Income: (a) Payee's monthly income and sources: I am a homemaker. (b) If presently married, spouse's monthly income and sources; Welder - $1920.00. FEB-IB-2011 15:18 FROM:WILLIAM TAYLOR 7177899955 T0:1B003641614 P.9 5. Child support, alimony or alimony pendmie lire: Obligation to pay: Yes X 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 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: Approved in Perry County, I am unsure of tho case number. (b) If the transfer was approved, (i) State the narne of the transferec and identify (listing due dates and payment amount(s)) the payments involved in the transfer: The Transferee was JGW - I sold payments of $580 month until 10/2/I8 (c) Have you ever transfcrred payments without court approval? If so, please explain: FED-18-2011 15:18 FROM:WILLIAM TAYLOR 7177899955 TO:18003641614 P.10 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 interests: I am entering into this transaction to take care of home improvements and pay off a vehicle. R. 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 . FEB-IB-2011 15:18 FROM: WILLIAM TAYLOR 7177899955 TO:18003641614 P.11 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 unswom falsifications to authorities. DATE: FEB-18-2011 15:17 FROM:WILLIRM TAYLOR 7177899955 TO:18003641614 P.6 DISCLOSURE STATEMENT This Disclosure Statement is being provided by Stone Street Capital, LLC ("Stone Street") to you, Jeannie High, on February 18, 2011 in connection with your agreement to transfer and assign to Stone Street Capital, LLC, or its assigns, certain structured settlement payment rights. 1. Amounts and Due Dates of Payments tobe Transferred, You will assign to Stone Street all of your right, title and interest in and to 144 monthly payments of $1,047.54 from November 2, 2018 through and including October 2, 2030, increasing 3% each November out of those certain payments due under a certain Settlement Agreement. 2. Aggregate Amount o Payments Transferred. The aggregate amount of the payments to be transferred to Stone Street totals $178,400.76. 3. Calculation of Current Value o+Tran ferred traetured Settlement Payments Under Fed ral Standards for Valuing Annuities. The Internal Revenue Service discounted present value of the payments to be transferred is $121,032.76 determined by discounting the future payments to be transferred using a rate most recently published for determining the present value of an annuity by the Internal Revenue Service, which rate is 2.80%. This is a calculation of the current value of the transferred structured settlement payments under federal standards for valuing annuities. THIS IS NOT THE RATE USED TO CALCULATE YOUR PURCHASE PRICE. It is also not the market rate for transfers of annuity payments of structured settlement payments. 4. Gross Amount Payable. The gross amount payable to you in exchange for the transferred payments is $36,601.22. 5. Good Faith Estmat_ eof fees and Expenses. You will be responsible for paying the following commissions, fees, expenses, charges, and costs in connection with the closing of this transaction; Processing fees of $2,500.00; Life Insurance Fees $10,640.00. 6. Net Amount Payable. The net amount payable to you in exchange for the transferred payments is $23,461.22. 00185044 PA FEB-48-2011 15:17 FROM: WILLIAM TAYLOR 7177899955 TO: 18003641S14 P.7 7. Quotient. The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments is 19.38% (#6 divided by #3). 8. Effective Annual Interest Rate. Based on the net amount that you will receive from as 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 16.72% per year. 9. Breach of ontraet. 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 shall be: None. 10. Cancellation. You have the right to cancel the transfer agreement, without penalty or further obligation, not later than the third day after you sign the agreement. II-Effective Date. Stone Street's commitment or obligation to enter into this transaction is conditional and contingent upon the execution and your return of this Disclosure Statement and execution of a Purchase, Transfer and Assignment Agreement and related documents by all parties. The effective date of the Purchase, Transfer and Assignment Agreement shall be the date on which the transaction is closed and funded to you, which date shall not, under any circumstances, be less than ten (10) days after the date of this Disclosure. By signing this Disclosure Statement where provided below, you acknowledge and agree that you have read and fully understand the foregoing Disclosure Statement, that you have been advised by Stone Street to discuss the Disclosure Statement and the details of the proposed transaction with your financial advisors and attorneys and have been provided an opportunity to do so. AGREED AND ACKNOWLEDGED: High Date' 00185044 PA FEB-7-2011 18:38 FROM:WILLIRM TRYLOR 7177899955 TO:18003641614 P.14 STATEMENT ON INDEPENDENT PROFESSIONAL ADVICE Stone Street Capital, LLC is required by law to advise you of your right to consult with an independent professional advisor regarding the legal, tax and financial implications of the transfer of your structured settlement payment rights. I, Jeannie High understand that I may consult with an independent professional advisor and acknowledge that Stone Street has informed me of that right. Choose one: CJ I have received independent professional advice from (an Attorney, Licensed Financial Planner or CPA) whose office is located at . phone number ( regarding the legal, tax and financial implications of the trans&r of my structured settlement payment rights. -OR- 1 have knowingly and voluntarily chosen not to consult with an independent professional advisor and hereby expressly waive the right to do so. I am aware of the legal, tax and financial implications of the proposed transfer and I desire to have the court approve the transfer of structured settlement payment rights as described in the Purchase, Transfer and Assignment Agreement. 4 igh o 00185044 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: JOINT PETITION OF STONE STREET CAPITAL, LLC No. And JEANNIE L. HIGH, TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS CERTIFICATION OF COUNSEL Ronald E. Reitz, attorney for Stone Street Capital, LLC, hereby sets forth the following: 1. I, Ronald E. Reitz, am counsel of record in this matter for Stone Street Capital, LLC. 2. Based on materials provided to me by Stone Street Capital, LLC, and upon reasonable investigation and inquiry, the transfer set forth in the within 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 pursuant to Pa.R.C.P. 229.2. il & Ro 1 E. i t z WA Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: JOINT PETITION OF STONE STREET CAPITAL, LLC No. 1i? a J? And JEANNIE L. HIGH, TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS INITIAL ORDER OF COURT On this ? day of , 2011, it is ordered that a hearing on this Joint Petition to Transfer Structured Settlement Payment Rights will be held on a4k.P I q joll , in Courtroom at ? D /v\ o'clock. The payee shali 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. ?Teanh;e 14i 4 Moh,Ci, .SQuhde,? 6/pay L,`4 -T?S.eo- ? ?4P;Cs Ma. ?? 3?3j11 BY THE COURT: ?`titl ;,r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION "J r.,4 C IN RE: JOINT PETITION OF STONE r°'n STREET CAPITAL, LLC No. X337 C/)r?- -ate - -p- Q 51 And < Cj -0 z JEANNIE L. HIGH, TO rr) TRANSFER STRUCTURED c- rv SETTLEMENT PAYMENT RIGHTS FINAL ORDER OF COURT On this 14 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, from the issuer, Genworth Life and Annuity Insurance Company ("Genworth") are designated as follows: 144 monthly payments of $1,047.54 from November 2, 2018 through and including October 2, 2030, increasing 3% each November, to Stone Street Capital, LLC's Assignee, Structured Asset Trust (EIN is 27-6924619), at the following address: Structured Asset Trust, 95 Merrick Way, Suite 210, Coral Gables, FL 33134; (5) Beginning November 2, 2018, the Assigned Payments are life-contingent and, therefore, guaranteed only so long as Ms. High, is alive, Genworth are only obligated and ordered to comply with this Order and pay the Periodic Payments to Stone Street's assignee, Structured Asset Trust for so long as Ms. High is alive beginning November 2, 2018. Stone Street shall be required to provide to Genworth written certification at least on an annual basis beginning November 2, 2018 that High is still alive. Stone Street and Ms. High shall have a continuing duty to Genworth to cooperate in connection with confirming that Ms. High is still alive. If Ms. High, dies prior to the due date of any life-contingent Assigned Payment, Stone Street shall provide written notice of Ms. High's death to Genworth within ten (10) days after Stone Street learns that Ms. High has died. Within twenty (20) days of such written notice, Stone Street shall reimburse Genworth for any Periodic Payments made after Ms. High's death; (6) the payee shall receive from the transferee the amount of $23,461.22, from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: , J. hard delivered on eke i+7- , Est 4/1 1 ? /i ?06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: JOINT PETITION OF STONE ?lv?l STREET CAPITAL, LLC No. 1143-31 And JEANNIE L. HIGH, TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS AMENDED FINAL ORDER OF COURT cd On this _2 3 day of tA M.f 2012, 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, from the issuer, Genworth Life and Annuity Insurance Company ("Genworth") are designated as follows: 144 monthly payments of $1,047.54 from November 2, 2018 through and including October 2, 2030, increasing 3% each November, to Stone Street Capital, LLC's Assignee, INF Settlement Trust, Integrity Funding, LLC, UTI TTEE (EIN is 27- 681774), at the following address: INF Settlement Trust, Integrity Funding, LLC, UTI TTEE, 8181 S. Tamiami Trail, Suite B, Sarasota, FL 34231; (5) Payee no longer has the power or authority to request changes to the Payee's address or beneficiary designation relating to the Assigned Payment, and no person or entity other than Stone Street Capital or its successors or assigns shall have the power or authority to change the address for payment of the Assigned Payment. The Annuity Owner and the Annuity Issuer shall not change the payment address for the Assigned Payment unless it has received written notice from Stone Street Capital or its successors or assigns to do so. (6) Beginning November 2, 2018, the Assigned Payments are life-contingent and, therefore, guaranteed only so long as Ms. High, is alive, Genworth are only obligated and ordered to comply with this Order and pay the Periodic Payments to Stone Street's assignee, Structured Asset Trust for so long as Ms. High is alive beginning November 2, 2018. Stone Street shall be required to provide to Genworth written certification at least on an annual basis beginning November 2, 2018 that High is still alive. Stone Street and Ms. High shall have a continuing duty to Genworth to cooperate in connection with confirming that Ms. High is still alive. If Ms. High, dies prior to the due date of any life-contingent Assigned Payment, Stone Street shall provide written notice of Ms. High's death to Genworth within ten (10) days after Stone Street learns that Ms. High has died. Within twenty (20) days of such written notice, Stone Street shall reimburse Genworth for any Periodic Payments made after Ms. High's death; (7) the payee shall receive from the transferee the amount of $36,601.22, from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: V, R0 el 12 f, - 4, - fs, (EPy , J. .. ') -11 ' Co = _7 _ . . ' '?'.' CD .