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HomeMy WebLinkAbout11-7204 MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 07 T Ir, LC a1! .i c. J fl: , 3, `t LA-IN'1=g cC'll11T IFEIEINSYLt%?iI' ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement NO: // -7" C,,,, Lr-7"- Funding, LLC and J. Wright JOINT PETITION FOR PARTIAL TRANSFER OF STRUCTURED SETTLEMENT PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ. TO THE HONORABLE JUDGES OF SAID COURT: And now comes your petitioner, Peachtree Settlement Funding, LLC, by and through its attorneys, Maro & Maro, P.C., and joint petitioner, J. Wright, and in accordance with the applicable rules of Pennsylvania Civil Procedure, hereby represents as follows: 1. Petitioner is Peachtree Settlement Funding, LLC. ("Buyer" or Transferee"), with an office address located at 3301 Quantum Boulevard, 2nd Floor, Boynton Beach, FL, 33426. 2. Joint Petitioner is, J. Wright ("Payee"), an adult individual who resides in the County of Cumberland. For privacy concerns, any and all notices can be sent to 3301 Quantum Boulevard, 2nd Floor, Boynton Beach, FL 33426. Petition shall establish jurisdiction at the time of hearing. A 9'4.Z.oo ?aT r1JTy e? yLzy ye 51) MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 FILED-OFFICE Y Y 1.6' ° rr11 16 PM a DEr LA CT P E , '? i.'.r"'k 1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement NO: j? -7" C. v C-7-" Funding, LLC and J. Wright JOINT PETITION FOR PARTIAL TRANSFER OF STRUCTURED SETTLEMENT PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ. TO THE HONORABLE JUDGES OF SAID COURT: And now comes your petitioner, Peachtree Settlement Funding, LLC, by and through its attorneys, Ma.ro & Maro, P.C., and joint petitioner, J. Wright, and in accordance with the applicable rules of Pennsylvania Civil Procedure, hereby represents as follows: 1. Petitioner is Peachtree Settlement Funding, LLC. ("Buyer" or Transferee"), with an office address located at 3301 Quantum Boulevard, 2nd Floor, Boynton Beach, FL, 33426. 2. Joint Petitioner is, J. Wright ("Payee"), an adult individual who resides in the County of Cumberland. For privacy concerns, any and all notices can be sent to 3301 Quantum Boulevard, 2nd Floor, Boynton Beach, FL 33426. Petition shall establish jurisdiction at the time of hearing. 4 $ ga . oo y 0-b(:& 411, ay ?..2 Z, y8sa 3. This Joint Petition has been verified by the Transferee, Peachtree Settlement Funding, LLC. and the Petition includes all necessary information as prescribed by PA R.C.P. 229.2(d) et al and Section 3 of the Act, 40 P.S. §4001 et seq. 4. Pursuant to PA. R.C.P. No. 229.2(d)(3) there are four (4) attachments incorporated herein as follows: a. PA R.C.P. 229.2(d)(3)(i) Payee's Affidavit in Support of Petition. Please see Attachment/Exhibit "1"; and b. PA. R.C.P. 229.2(d)(3)(ii) An Initial Order of Court Scheduling Hearing; c. PA. R.C.P. 229.2(d)(3)(iii) A certification by Robert A. Maro, Esquire, attorney for transferee, Peachtree Settlement Funding, LLC.; and d. PA. R.C.P. 229.2(d)(3)(iv) A Final Order of Court Granting he Petition. 5. Joint Petitioner, J. Wright, is the beneficiary of an annuity owned by Metropolitan 'Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. and issued by Metropolitan Life Insurance Company. The structured settlement provides payment to the petitioner as described on Attachment/Exhibit "2". 6. Joint Petitioner, J. Wright, after having the opportunity to have this matter reviewed by independent counsel of his own choosing including the implications of the transfer and any tax ramifications, expressly waived his right to independent counsel. A Copy of Joint petitioner's waiver is attached hereto, incorporated herein and marked Attachment/Exhibit "3". 7. Joint Petitioner, J. Wright, proposes to enter into a purchase agreement with Peachtree Settlement Funding, LLC., its nominees, successors, or assigns, whose address is 3301 Quantum Boulevard, 2°d Floor, Boynton Beach, FL 33426, who will purchase the following from Petitioner's structured settlement as follows: A) 288 monthly payments of $350.00 each, increasing at 2% annually, beginning on February 1, 2012 and ending on January 1, 2036 8. The structured settlement is currently owned by Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. and issued by Metropolitan Life Insurance Company, and the net amount in return payable to J. Wright is $33,000.00 from Buyer. A copy of the Purchase Agreement, Exhibit "A' to the Purchase Agreement and Disclosure Statement is attached hereto, made apart hereof, and designated Attachment/Exhibit "4". 9. The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges is $33,000.00. 10. Based on the net amount that the payee will receive from this transaction $33,000.00 and the amounts and timing of the structured settlement payments that would be assigned, the payee is, in effect, paying interest at a rate of 14.03% per year. 11. The Buyer furnished J. Wright with a Disclosure Statement pursuant to 40 P. S. 4003 (See Attachment/Exhibit "4") at least ten (10) days prior to the date on which J. Wright first incurred any obligation to the Buyer. 12. PA R.C.P. 229.2(b) requires the petition to be filed in the county in which the payee is domiciled (See also Section 4 of the Act 40 P.S. §4004). PA.R.C.P. 229.2(c) also requires both the Transferee and Payee to be parties to the Joint Petition. Both requirements have been fulfilled herein. 13. Written notice of the Transferee's Names, address and taxpayer identification number has been given to the Annuity Issuer and Structured Settlement Obligor. A copy of the Notice to the structured settlement obligor is attached hereto as Attachment/Exhibit "Y'. Joint Petitioners wills also serve written notice as required by 40 P.S. 4004 upon all interested parties. 14. The Joint Petitioner's best interest would be served by granting the relief requested herein for the following reasons. Joint Petitioner is married and has one minor child. Joint Petitioner has never transferred payment under the annuity in the past. Joint petitioner is employed. As a result of the poor economy, petitioner's hours of employment have been cut drastically and because of his wife's medical condition, she is unable to work. They have fallen behind on all of their bills and need this money to assist them though these difficult times. Based upon the foregoing which shall be expanded upon at the time of trial, the transfer is clearly within the best interest of Petitioner and his family. WHEREFORE, Joint Petitioner's respectfully requests this Honorable Court to enter the Initial Order attached to this petition which shall schedule a hearing so that Transferee and Payee shall have the opportunity to discuss the purpose and reasons for the transfer and after hearing thereon, respectfully request that this Honorable Court enter a Final Order approving the Transfer of Structured Settlement Payments Rights as is mentioned herein. Maro & Maro, P.C. 111'' Respec Y S mi d: By: Yrbert-A. Mfiro, Esquire Attorney for Transferee VERIFICAnONN I, Lori Borowski, Vice President of Settlement Funding, LLC, have read the foregoing Petition to Joint Petition to Transfer Structured Settlement Payment Rights and hereby aver that the statements contained therein are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to the unworn falsification to authorities. .Lori Borowski, VP Date CERTIFICATION OF ATTORNEY FOR TRANSFEREE I, Robert A. Maro, Esquire, attorney for Transferee, Peachtree Settlement Funding, LLC, hereby certify to the best of my knowledge, information and belief, formed after reasonable inquiry, that the Transfer will comply with the requirements of the Act (40 P.S. § 4000 et seq.) and will not contravene any other applicable federal or state statute or regulation or the order of any court or administrative authority. I, Robert A. Maro, Esquire, attorney for Transferee, Peachtree Settlement Funding, LLC, hereby verify that the facts and statements set forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification of authorities. Date r cover[ A. Maro; hsquire Attorney for Transferee, Peachtree Settlement Funding, LLC MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement NO: Funding, LLC and J. Wright Entry of Appearance TO THE PROTHONOTARY/CLERK OF SAID COURT Enter my appearance on behalf of. Settlement Funding, LLC. Papers may be served at the address set forth below. Respectfully Submitted: Maro & Maro, P.C. r By: bert"AMaro`, Esquire Attorney I.D. No 89585 Maro & Maro, P.C. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600(office) (610) 2'75-9666(Fax) MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement NO: Funding, LLC and J. Wright CERTIFICATE OF SERVICE I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the Petition for Transfer of Partial Structured Settlement has been served upon the following entities via first class mail and/or certified return receipt requested and/or email on : To: Metropolitan Life Insurance Company Structured Settlements MRMR 2025 Leestown Road, Suite J Lexington, KY 40511 Peachtree Settlement Funding, LLC 3301 Quantum Boulevard, 2"d Floor Boynton Beach, FL 33426 Metropolitan Tower Life Insurance Company a/k/a M:etLife Tower Resources Group, Inc. Structured Settlements MRMR 2025 Leestown Road, Suite J Lexington, KY 40511 Date: q--? By: J. Wright P,obert A. MWo, Esquire Attorney for Peachtree Settlement Funding, LLC ATTACHMENT/EXHIBIT "I" Payee's Affidavit in Support of Petition to Transfer Structured Settlement Rights I, Js.WAIN&Wright, the payee, verify that the statements below are true and correct: Payee's name, address and age: Jwv?WWright, ¦ ?Pennsylvania4001"Mears of age. 1. Marital Status: Never Married; X Married; Separated; Divorced Name of Spouse: Wright 2. Minor Children and other dependents: SUMScott 3. Income: Payee's monthly income and sources: I am working as a skycap operator at Harrisburg International Airport earning $7.25 an hour making $870.00/month before taxes. 4. Child support, alimony or alimony pendente lite: Obligation to pay: _X- Yes _No If yes, state the amount of the obligation, to whom payable, and whether there are arrearages: To whom payable: Florida Department of Revenue - Child Support Enforcement Amount: $204/month automatically deducted from each bi weekly employment paycheck 5. Previous transfers: Have you previously filed a petition to transfer payment rights under 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: If the transfer was approved, (b) State the name of the transferee and identify (listing due dates and payment amount(s)) the payments involved in the transfer: 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: No 6. Reasons for transfer: My hours have been decreased at work and my wife and I have fallen behind financially due to my low employment income. She currently suffers from frequent seizures and is unable to work or drive. 7. 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 Electric Expenses DECO $6,000.00 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 unworn falsification to authorities. DATED: , ATTACHMENT/EXHIBIT "2" TO BE SUPPLEMENTED ATTACHMENT/EXHIBIT "3" Please complete and sigh . Account[D: 585124 STAT MENT OF PROFESSIONAL REPRESENTA ON Mae Choose Either Box A R Box 8 Below, After you have made your choice, SIGN AND DATE the appropriate box signature line. YOU SHOULD SIGN ONLY ONE _BOX - THF, BOX YOU HAVE CHOSEN. A. I HAVE BEEN ADVISED BY PEACHTREE SETTLEMENT FUNDING, LLC ("PTSFNV") THAT I SHOULD OBTAIN INDEPENDENT PROFESSIONAL REPRESENTATION CONCERNING THE LEGAL, TAX AND/OR FINANCIAL IMPLICATIONS OF THIS TRANSACTION. I FULLY UNDERSTAND THE PURCHASE AGREEMENT AND THE IMPLICATIONS OF THE TRANSFER, INCLUDING THE TAX RAMIFICATIONS OF THE TRANSFER AND I DO NOT WISH TO SEEK OUT SUCH INDEPENDENT PROFESSIONAL REPRESENTATION. J?VR Da B. I HAVE OBTAINED INDEPENDENT REPRESENTATION AND I FULLY UNDERSTAND THE LEGAL, TAX AND/OR FINANCIAL IMPLICATIONS OF THE TRANSACTION, THE PURCHASE AGREEMENT AND THE RELATED DOCUMENTS. I WAS NOT REFERRED TO MY PROFESSIONAL ADVISOR BY PTSFNV. THE NAME OF MY PROFESSIONAL ADVISOR IS SET FORTH BELOW: WRIGHT Date To Be Completed By Cert fled Professional Advisor Only ifyou have signetl Box B Above Name of Professional: Attorney ID # Phone Number: Address: I have provided independent professional advice to contemplated thereby. James Wright was rcferred to me by the in respect of the Purchase Contract with PTSFNV and the transaction Professional's Signature Date SSC.contractll].doc , 10( 11'? '1 ii(nr:5•Jl.lowjll I,nndniC. I I t ATTACHMENT/EXHIBIT "4" Account ID: 585124 peachtree PURCHASE CONTRACT This Is a Purchase Contract (" Contract'l for the sale of structured settlement payments between ]VMiWright (You, Your), with legal residence at nd Peachtree Settlement Funding, LLC (We, Us, Our) 3993 Howard Hughes Parkway, Suite 204, Las Vegas, NV 89169-6754. GENERAL INFORMATION A. In connection with the resolution of a personal injury claim, You or someone acting for You, signed a Settlement Agreement that entitles You to receive certain future payments ("Settlement Payments), according to a set schedule. B. Those Settlement Payments are being paid to You from an annuity policy ("Annuity Policy") purchased by the Person responsible for making the Settlement Payments to You ("Obligor"). C. Rather than wait for the Settlement Payments to be made to You in the future, You want to sell all or some of those Settlement Payments ("Purchased Payments'l to Us now for a lump sum. D. THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH YOU SHOULD READ CAREFULLY, AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. E. For additional definitions, see Section 3 of this Contract. You and We agree as follows: 1. MOF THE PURCHA PAYM90 A. Upon the signing of this Contract and subject to certain conditions including Court Approval, You sell, transfer and assign to Us the right to receive the Purchased Payments specifically identified In the Disclosure Statement. B. We will pay You the Net Purchase Price as agreed to in the Contract Documents, subject to certain conditions, Including meeting Our underwriting requirements, Court Approval and satisfactory completion of the Closing Documents. We will do this in exchange for You: selling the Purchased Payments to Us; • changing the beneficiary of the Annuity Policy to Your estate and not changing it again until We have been paid all of the Purchased Payments; • having any current beneficiaries waive their rights to the Purchased Payments; and fulfilling Your promises under this Contract. Wi/ 10111 ... i:i! 1, .1 it ,ti I r I ! i .. I i.11111i I IC I, I ! i. Account ID: 585124 peachtree C. If We are buying only a portion of Your payments, this will have no effect upon Your rights in the unsold portion. You will continue to receive the unsold portion unless You have already sold or encumbered that portion. However, sometimes the Issuer, the Obligor or the court may require Us to receive the entire amount of Your payment. If so, We will then forward the portion of the payment still due to You and You hereby agree to this payment servicing arrangement 2. PURCHASE PRICE A. The Gross and Net Purchase Prices are shown on the Disclosure Statement and are fair and acceptable to You and Us. B. We will pay You the Net Purchase Price in the manner You designate for Us. C. Before we pay You, You agree that We will adjust for the following amounts, if applicable. Purchased Payments Owed to Us - The issuer may have already paid You some of the Purchased Payments before We have paid You for them. If that happens, We will deduct the amount of those Purchased Payments. Holdbacks- Due to possible delays In the Issuer beginning to make the Purchased Payments to Us Instead of You, We will hold back an amount equal to any Purchased Payments that the Issuer owes Us post Court Approval, that are due within 90 days of the Funding Date. If We subsequently receive those particular Purchased Payments directly, We will return the amount of any related holdback to You. • Payment of Debts Owed - If You owe any past due child support, bankruptcy payoffs or taxes, or have any judgments or liens against You or Your assets, We may pay those amounts and deduct them from the amount We pay You, and You hereby provide Us with specific authority to take such action. We will provide You with notice of the amounts that We are going to pay, prior to actual payment. D. If any Purchased Payments are mistakenly sent to You after We have paid You for them, You will immediately contact Us. If We then determine that any deductions or holdbacks as set forth above are not enough to reimburse Us, We will advise You of the amount You owe Us. You agree to immediately send that amount to Us by bank or certified check. 3. DEFINED WORDS Certain words used in this Contract have the specific meanings shown below. Annuity Policy The policy purchased by the Obligor to ensure that the Settlement Payments are made to You as required by the Settlement Agreement. 'tfp X11 1 I'oadlltel 1"; 6114110111 1111101,11j, )I.(" Account ID: 585124 peachtree Closing Documents Any documents necessary to carry out the purchase of the Purchased Payments, other than the "Contract or Contract Documents" as defined below. Contract or Contract Documents Collectively, only this Contract and the Disclosure Statement. Contract Date The date Your signature at the end of this Contract is notarized. However, if You happen to sign this Contract before the number of days stated at the end of Your Disclosure Statement for waiting has passed, You will have no obligation under Your Contract until that time has passed. Court Order A legally binding ruling issued by a judge or properly empowered administrative officer, approving the sale of the Purchased Payments to Us ("Court Approval'). Disclosure statement The document which identifies for You, the Purchased Payments, expenses, Purchase Price and various other disclosures. Encumbrance Any claim, right, lien, policy loan, or restriction. In addition, this includes any limits on rights of ownership (such as the use, voting, transfer, receipt of income, etc.). Funding Date The date We pay You the Net Purchase Price. Issuer The insurance company that issued the Annuity Policy. Obligor The Person who is obligated to make payments to You under the Settlement Agreement. Party One of You or Us. Parties means both You and Us. Person Any natural person or legal entity.. Purchased Payments Only those certain payments that We are purchasing from You under this Contract. Purchase Price: Gross Purchase Price The amount shown as the "gross amount payable to the seller (You)" on the Disclosure Statement. This Is the sum We have agreed to pay You before any deductions as setforth in the Contract Documents. f}iS?lli l r(}(I I°(.'iii"Ilif('''.` `'111?IiU'lli. i'I,II?IIIIHf, If. Account ID: 565124 peachtree Net Purchase Price The amount shown as the "net amount payable to the seller (You)" on the Disclosure Statement. This is the sum We have agreed to pay You att rany deductions as set forth in the Contract Documents. Settlement Agreement The agreement that You and the Obligor signed to resolve Your personal Injury claim. Settlement Payments All of the payments that the Obligor has agreed to make to You in the Settlement Agreement We, Our, or Us Peachtree Settlement Funding, LLC, along with any of its successors, assigns, and designees. Some of the Contract Documents or Closing Documents may refer to Us as the purchaser. You or Your The Person named on this Contract's first page. Some of the Contract Documents or Closing Documents may refer to You as the seller. 4. Yt UR.REP.RESEN"ATIONS AND_WABMIMES You represent and warrant to Us the following: A. You understand that THIS IS A SALE AND NOT A LOAN. B. The Annuity Policy is in full force, You are the sole and undisputed recipient of the right to the Purchased Payments have the right to sell them free and clear of any Encumbrances and have not previously sold any of the Purchased Payments to any other Person. C. You understand that Court Approval is required for this purchase; and You agree to fully cooperate with Us to obtain that approval. D. You gave Us all requested Information and signed all documents necessary to complete the purchase. Every statement made by You in the Contract Documents and Closing Documents is true and complete. E. No law, divorce decree or other legal obstacle: • requires You to keep the Purchased Payments for the benefit of a current or former spouse, dependent children, or other person; or • legally prevents You from contracting with Us, selling the Purchased Payments or changing the Annuity Policy's beneficiary. F. Either: • You have never filed for bankruptcy, will not do so before the Funding Date and there are no lawsuits or efforts by.any of Your creditors to put You Into bankruptcy or take any of the Purchased Payments; or miflofli '; I . Account ID: 585124 Peachtree • If You filed for bankruptcy, the Purchased Payments were not subject to the claims of Your creditors. You will give Us a copy of any of Your bankruptcy documents that We request including evidence of a final bankruptcy payoff or case closing, if any. G. We can rely on Your representations, warranties, and promises In this Contract. These representations, warranties, and promises are for Our benefit and the benefit of any future owners of the Purchased Payments. You understand that Our reliance on any Intentional misrepresentation by You may result in Our enforcing Our rights against You In court. H. You had enough time to consider the sale of the Purchased Payments, understand the terms of the Contract Documents and Closing Documents (Including the arbitration provision), are of legal contracting age and sound mind, not under the influence of drugs or alcohol, and freely and voluntarily, enter into this Contract and agree to all of its terms. I. You were advised by Us to obtain Independent legal advice and professional tax advice about the sale of the Purchased Payments and to have those advisors review the terms and legal, tax and other effects of this Contract with You prior to Your execution of this Contract. You have also explored all appropriate financial options before entering Into this transaction. 1. We did not provide tax, financial, or legal advice to You about this Contract and have advised You that We may not refer You to any specific attorney for such purpose. K. If You are married, Your spouse understands all of the terms and conditions of this Contract including, but not limited to the fact that, after the Funding Date, You (and Your spouse) will not receive the same amount of money on the same payment schedule as You would have received under the Annuity Policy. Your spouse has been provided with all information relating to the transaction and has had every opportunity to review the terms of the transaction and to seek any advice relating thereto. Your Spouse also understands that he or she will be giving up any property or contract rights that he or she may have in the Purchased Payments. L. We may sell, transfer, or assign our right to the Purchased Payments in a sale, securitization, or other financing transaction (resale). Any resale would involve disclosing certain information about You (including Your personal information) to the parties to a resale. M. Any future owner of the right to the Purchased Payments will have all of the same rights We have, including the right to the duties You owe Us under this Contract. This includes the right to make a claim against You for violating any of the representations, warranties, or promises You made in this Contract. 5. YOUR P-RO TO US Before and after the Funding Date: A. You will tell us right away if Your address or telephone number changes and do everything necessary, including completing and signing all documents to: • sell the right to the Purchased Payments to Us; • change the beneficiary as required by this Contract; • correct any documentation errors In the Contract Documents or Closing Documents. !"Iq . (() AN t Nedilo-o s oIUemt^ni R1111 411% 11 C Account ID: 585124 peachtree B. You will also tell Us If any of the following occurs- • a violation of this Contract; or • anything that could negatively affect the Annuity Policy, the Purchased Payments, or this Contract. C. You will not: • agree to sell the Purchased Payments to any Person other than us; • change the Annuity Policy's beneficiary to any Person other than Your estate until We have collected all of the Purchased Payments; or • withdraw cash from, borrow against, or change the Annuity Policy. D. You will give Us information necessary to update Your representations, warranties, and promises in this Contract. You will also update any documents and information so they will be true and complete on the Funding Date, E. We are now, and will continue in the future, to rely on the representations and warranties You have given Us. We will confirm the accuracy of Your representations and warranties. You must cooperate with this confirmation and provide complete access to any information We believe necessary. F. You agree that updating representations, warranties, promises, documents and other information will not cure a breach of any representation or warranty made by You that was not true and complete. G. You agree that Our obligation to You under this Contract is strictly limited to the requirement to pay You what We owe You under the terms of this Contract, after receipt and approval of the Closing Documents, final underwriting approval and Court Approval. Under no circumstances will We be liable for any consequential damages. H. You hereby appoint Us and any of Our designees, with full power of substitution as your Attorney in Fact, to act in Your name and place for the purpose of assigning and transferring ownership of any and all right, title and interest that You have In the Purchased Payments and for Us to obtain all benefits contemplated by this transaction. You also give Us full authority to act in any way proper and necessary to exercise this Attorney in Fact appointment Including, but not limited to: (1) negotiating, endorsing and executing checks, drafts and other instruments In Your name; and (2) instituting, maintaining, compromising, settling and terminating any litigation or other proceedings related to the Purchased Payments. This power of attorney is coupled with an interest and shall survive death or disability. 6. CANCELLATION, BY US We may cancel this Contract before the Funding Date If. A. You breach any representation, warranty, or promise In any Contract Documents or Closing Documents. B. The petition for the Court Order Is contested, opposed, or not approved. C. We are sued or threatened with a lawsuit or an arbitration about this Contract or the Annuity Policy. D. There is any threatened, pending, or final action, or change in law or rule challenging the legality of, or negatively affecting this transaction. E. You file for, or are forced into bankruptcy. [i;S? lil/I I :) :JM' I Pe?.ichiwi- : LN:?Ilw l 1'I.111G,nl, 1.1 C Account ID: 585124 peachtree F. You die. G. Final approval has not been given by Our underwriting department. H. The Purchase Contract is not signed by You and received back by Us by October 15, 2011. I. A major rating agency downgrades the Issuer's credit rating. J. The Issuer is, or becomes insolvent, or under regulatory supervision. K. With respect to A through J above, to the extent permitted by applicable law, the arbitration provision in Section 10 of this Contract shall survive the termination, cancellation or rescission of this Contract. 7. CANCELLAM BY YOL A. (1) YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION AT ANY TIME WITHIN FIVE (5) BUSINESS DAYS AFTER THE DATE YOU RECEIVE PAYMENT HEREUNDER FROM US. IN ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST SEND A NOTICE POSTMARKED AT ANY TIME WITHIN FIVE BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HEREUNDER FROM US (This Is the rescission period). (2) YOUR NOTICE IS TO BE SENT EITHER BY CERTIFIED OR REGISTERED MAIL (RETURN RECEIPT REQUESTED) OR FEDEX OR ANOTHER MAJOR OVERNIGHT DELIVERY SERVICE. THE NOTICE MUST INCLUDE A BANK OR CERTIFIED CHECK MADE PAYABLE TO US, IN THE FULL AMOUNT RECEIVED BY YOU. YOUR NOTICE MUST BE SENT TO: Peachtree Settlement Funding, LLC Attention: Manager of operations 3993 Howard Hughes Parkway, Suite 204 Las Vegas, NV 89169-6754 B. GEORGIA RESIDENTS, YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO 5:00 P.M. OF THE TWENTY=FIRST DAY FOLLOWING RECEIPT OF THE ENCLOSED "NOTICE OF CANCELLATION RIGHTS" FORM, OR AT THE HEARING ON THE APPLICATION FORAUTHORIZATION OF A TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, OR AT ANYTIME WITHIN FIVE (5) BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HERE UNDER FROM US, WHICHEVER EVENT OCCURS LAST (This is the Georgia rescission period). IN ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST SIGN THE ENCLOSED "NOTICE OF CANCELLATION RIGHTS" FORM AND MAIL OR DELIVER IT TO US AS SPECIFIED IN THAT NOTICE AND YOU MUST RETURN ALL AMOUNTS (PURCHASE PRICE OR OTHERWISE) RECEIVED BY YOU ACCORDING TO THE REQUIREMENTS OF 7 (A) (2) ABOVE. C. : IN ORDER FOR YOUR CANCELLATION TO BE EFFECTIVE, YOUR NOTICE CAN BE SUBMITTED VIA PHONE, MAIL, OR FACSIMILE. ANY AMOUNTS ADVANCED BY US IN CONTEMPLATION OF THE TRANSFER SHALL BE IMMEDIATELY REFUNDED TO US. IF YOU DISMISS YOUR ACTION AFTER APPOINTMENT OF A GUARDIAN AD LITEM, OR RESCIND YOUR TRANSFER AGREEMENT (PURCHASE CONTRACT) WITHIN THE RESCISSION PERIOD IN 7(A) (1) ABOVE, YOU SHALL BE RESPONSIBLE FOR THE FILING FEE AND ANY GUARDIAN AD LITEM FEES. D. With respect to A through .C above, to the extent permitted by applicable law, the arbitration provision in Section 10 of this Contract shall survive the termination, cancellation or rescission of this Contract 1)}i/ 10/ t J P;4r'i?' 1 . A" l.; s "dr.illl; ,i? ?ttlClli. i::'W10 llrj, lit, Account ID: 585124 peaEchtree 8. NOTICES A. All notices about this Contract must be in writing. All notices must be sent either by: (1) certified or registered mail (return receipt requested); or (2) FedEx or another major overnight delivery service with a delivery tracking system and are considered given when delivered as follows: If to You: to the most recent address for You listed in Our files. If to Us: to the address listed in Section 7(A) (2) of this Contract. You will be In default if You: A. fail to comply with any terms or conditions of this Contract; or B. breach any of Your representations, warranties and promises in this Contract If You are in default, even if You have not rejected the arbitration provision (see Section 10 of this Contract), We have the right to enforce Our rights against You in court to make You perform Your promises or to get money from You. If We sue You in court In connection with a Claim that is subject to arbitration under the arbitration provision In Section 10 of this Contract, and You have not rejected the arbitration provision, You will have the option of remaining in court or seeking to compel arbitration of that Claim under the terms of the arbitration provision. 10. To the extent permitted by applicable law, You and We agree to the following arbitration provision. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION PROVISION AS SET FORTH BELOW. If You do not reject this arbitration provision and a Claim is arbitrated, You will not have the right to: (2) have a court or a jury decide the Claim; (2) engage In information gathering (discovery) to the same extent as in court; (3) participate in a class action In court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration. Claims Subject to Arbitration. A "Claim" subject to arbitration is any claim, dispute or, controversy between You and Us (other than an Excluded Claim or Proceeding as set forth below), whether preexisting, present or future, which arises out of, or relates to the Contract, the negotiations related thereto, the breach thereof or any other transaction conducted with us in connection with the Contract. "Claim" has the broadest possible meaning and includes initial claims, counterclaims, cross- claims, third-party claims and federal, state, local and administrative claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity and includes claims for money damages and Injunctive or declaratory relief=. Upon the demand of You or Us, Claim(s) will be resolved by individual (not class or class-wide) binding arbitration in accordance with the terms specified in this arbitration provision. Special Definitions. Solely for purposes of this arbitration provision, in addition to the meanings set forth in this Contract: (1) "We," "Us" and "Our" also (a) refer to Our employees, officers, directors, parents, controlling persons, subsidiaries and affiliates and (b) apply to third parties if You assert a Claim against such third parties in connection with a Claim you assert against Us; and (2) "You" or "Your" also refer to Your current or former spouse(s), children. heirs, estate, executors, successors, assigns, representatives and beneficiaries. Excluded Claim or Proceeding. Notwithstanding the foregoing, "Claim" does not include any dispute or controversy about the validity, enforceability, coverage or scope of this arbitration provision or any part thereof (including, without limitation, the "Class Action Waiver" set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Contract as a whole 0411i to/ 11 '(j Mi.E Ptirdil ( ,Ir;1 011hn!: Fin dinrj, I IC Account ID: 585124 peachtree Is for the arbitrator, not a court, to decide. In addition, We will not require You to arbitrate any individual action brought by You in small claims court or Your state's equivalent court, unless such action is transferred, removed, or appealed to a different court. Federal Arbitration Act Notwithstanding any other provision in this Contract, You and We agree that this Contract evidences a transaction involving Interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) ("FAA") shall govern Its interpretation and enforcement and proceedings pursuant thereto. To the extent state law is applicable under the FAA, the law of the state of Your domicile (where You regularly reside on the Contract Date) shall apply. Class Action Waiver. Notwithstanding any other provision of this Contract, If a Claim is arbitrated, neither You nor We will have the right: (a) to participate in a class action, private attorney general action or other representative action In court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other Persons. No arbitrator shall have authority to conduct any arbitration In violation of this provision (provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency Is seeking relief on behalf of a class of borrowers Including You. This means that We will not have the right to compel arbitration of any claim brought by such an agency). The Class Action Waiver is nonseverable from this arbitration provision. If the Class Action Waiver is limited, voided or found unenforceable, then this arbitration provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. Arbitration Procedures. If You or We seek to arbitrate a Claim, the Party seeking arbitration must notify the other Party In writing. This notice can be given after the beginning of a lawsuit and can be given in papers filed in the lawsuit, such as a motion to compel arbitration. Otherwise, Your notice must be sent to Us at the address specified in Section 7 (A) (2) of this Contract and Our notice must be sent to the most recent address for You in our files. Any arbitration hearing that You attend will take place in a venue reasonably convenient to where You reside, If a Party files a lawsuit in court asserting Claim(s) that are subject to arbitration, and the other Party flies a motion to compel arbitration with the court, which is granted, it will be the responsibility of the Party prosecuting the Claim(s) to select an arbitration administrator in accordance with the paragraph below and commence the arbitration proceeding in accordance with the administrator's rules and procedures. The arbitration will be administered by the American Arbitration Association ("AAA"), 1633 Broadway, 10ti' Floor, New York, NY 10019, www.adr.org, 1-800-778-7879 or JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com, 1-800-352- 5267. The rules and forms of the AAA and JAMS may be obtained by writing to these organizations at the addresses listed above. If the AAA and JAMS are unable or unwilling to serve as administrator, the Parties may agree upon another administrator or, if they are unable to agree, a court shall determine the administrator. No company may serve as administrator, without the consent of all Parties, If It adopts or has in place any formal or informal policy that is inconsistent with and purports to override the terms of this arbitration provision. In the event of a conflict between the provisions of this arbitration provision, on the one hand, and other provisions of this Contract or any applicable rules of the AAA or JAMS or other adminlstrator used, on the other hand, the provisions of this arbitration provision shall control. A single arbitrator will be appointed by the administrator and must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will honor statutes of limitation and claims of privilege recognized under applicable law. In determining liability or awarding damages or other relief, the arbitrator will follow this Contract and the applicable substantive law, consistent with the FAA and this Contract, that would apply if the matter had been brought in court. At Your written request, we will pay all filing, hearing and/or other fees charged by the administrator and arbitrator to You for Claim(s) asserted by You in arbitration after You have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) In the judicial district in which You reside. (If You have already paid a filing fee for asserting the Claim(s) In court, You will not be required to pay that amount again). In addition, the administrator may have a procedure whereby You can seek a waiver of fees charged to You by the administrator and arbitrator. We will always pay any fees or expenses that We are required to pay by law or the administrator's rules or that We are required to pay for this arbitration provision to be enforced. The arbitrator will have the authority to award attorneys' and expert witness fees and costs to the extent permitted by this Contract, the administrator's rules or applicable law. The arbitrator will always award You reasonable attorneys' and expert witness fees and costs (a) if and to the extent You prevail on Claims you assert against Us in an arbitration commenced by You and (b) to the extent required under applicable law for this arbitration provision to be enforced. The arbitrator shall write a brief explanation of the grounds for the decision. A judgment on the award may be entered by any court having jurisdiction. f1.;/t(1/!.) G;) 20J 11(mc1111, I ':;allrni l1i I)lilt linri, ? I Account ID: 585124 peachtree Severability and Survival. If any part of this arbitration provision, other than the Class Action Waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. To the extent permitted by applicable law, this arbitration provision shall survive the termination, cancellation or rescission of this Contract. Effect of Arbitration Award. The arbitrator's award shall be final and binding on all Parties, except for any right of appeal provided by the FAA. However, If the amount of the Claim exceeds $50,000 or Involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either Party exceeding $50,000, any Party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing Party. The decision of the panel shall be by majority vote. Reference in this arbitration provision to "the arbitrator" shall mean the panel if an appeal of the arbitrator's decision has been taken. The costs of such an appeal will be borne In accordance with the above paragraph titled "Arbitration Procedures." Any final decision of the appeal panel is subject to judicial review only as provided under the FAA, Right to Reject Arbitration Provision. You may reject this arbitration provision by sending Us written notice of Your decision so that We receive it at the address listed below within forty-five (45) days of the Contract Date. Such notice must be sent by certified or registered mail (retum receipt requested) or by FedEx or another major overnight delivery service with a delivery tracking system; must include a statement that You wish to reject the arbitration provision along with Your name, address, Account I.D. number and Your signature; and must be delivered to Us at the address specified in Section 7 (A) (2) of this Contract. This is the sole and only method by which You can reject this arbitration provision. Upon receipt of a rejection notice, We will reimburse You for the standard cost of a certified or registered letter or ovemight delivery. Rejection of this arbitration provision will not affect any other terms of this Contract and will not result in any adverse consequence to You. You agree that Our business records will be final and conclusive with respect to whether You rejected this arbitration provision In a timely and proper fashion. This arbitration provision will apply to You and Us unless you reject it by providing proper and timely notice as stated herein. 11. MISCELLANEOUS A. You give Us permission to conduct background checks on You, including obtaining information from the credit bureaus, in order to verify Your legal residence, contact information, and any other information We deem necessary for this transaction. We can also search records for UCC filings, bankruptcy filings, judgments, liens and child support obligations against You. B. This Contract is the entire agreement between You and Us. C. If there Is more than one of Us or You, this Contract applies to all of those people together, and to each of them on their own. D. Both Parties must agree In writing to any change to this Contract or waiver of its terms, E. Except as set forth in the arbitration provision in Section 10 of this Contract, if a court undoes any part of this Contract, the rest of the Contract remains valid. F. You cannot voluntarily or involuntarily sell, assign, or transfer this Contract, or any of Your fights or duties under this Contract. Any such action taken by You in violation of this section shall be void and of no effect. G. Except as otherwise required by applicable law, the law of the state of Your domicile (where You regularly reside on the Contract Date) will govern this Contract. H. This Contract also holds responsible Your heirs, and executors. This Contract benefits only You and Us, and no one else. However, if properly assigned by Us, this Contract will bind and benefit Our successors and assigns. 1. Failure to enforce any provision of this Contract is not a waiver of that provision. iI,,y! t() 1),311 )(}j ?._ (r) 2011 10"11 NI(.P `,i ii I!?I11f,!7I' i tllltlll?t), 11,( Account ID: 585124 Peachtree 7. The Parties may sign this Contract in one or more counterparts. Each counterpart will be considered an original. All counterparts will form one Contract. A facsimile, pdf or other electronic copy of the signed Contract or any counterpart will be considered an original and treated as such in any court [or arbitration] proceeding. K. We have investigated the proposed transfer of the Purchased Payments and, in light of Information available to Us, have Identified no violation of any applicable state or federal law. L. You will not receive an IRS Form 1099 from Us. M. Titles and headings in this Contract are for convenience only. Do not use them to Interpret this Contract. N. Except as otherwise set forth in this Contract (Including the arbitration provision In Section 10 of this Contract), You and We will pay our respective costs and expenses in carrying out this Contract. You and We, Intending to be legally bound, have signed this Contract as of the Contract Date below, and agree to all of Its terms and conditions, including the arbitration provision. By signing below, You also acknowledge that You were advised by Us in writing, that You should obtain independent legal advice and professional tax advice about the sale of the Purchased Payments and to have those advisors review with You, the terms and legal, tax and other effects of this Contract. Sworn to and subscribed before me this _LQ4 day of 20_?_l ("Contract Date") 60--tary Acknowledged and Agreed: Sworn to and subscribed before me this /',""day of 2Q.;L Notary Hwy. , NOTARIAL 1 EAI,. ELAINE L, ROBINSON 1{otxry FtR1iC US: PALMYRA BOROUGH. LEBANON C10YUNTV Mt'Yt:cmmission Expires Apr 20, zY:i?'a ELAINE L. ROM"ON NOTARIAL SEAL Nattry Public PALMYRA BOROUGH, LEBANON CO INIV My Commission Expires Apr 20, 0 1 SELLER: fight SELLER'S SPOUSE (if applicable) orp Spouse Peachtree Settlement Funding, LLC BY., Lori Borowski, Vice President (r) ).01 I. '("If i;I1:, ' 3t1hit'i11r'I1i I Iif 1(lulo, 1 I I Account ID'. 585124 August 30, 2011 PENNSYLVANIA DISCLOSUU STATEMENT We will purchase the following payments (Purchased Payments) from You: A) 288 monthly payments of $350.00 each, increasing at 2% annually, beginning on February 1., 2012 and ending on January 'l, 2036 (The remainder of the page intentionally left blank) Account[D: 585124 August 30, 2011 The aggregate amount of the Purchased Payments is $127,771.44. The discounted present value of the aggregate Purchase Payments at the federal interest rate of 2.20% is $96,677.49. The discounted present value is the calculation of the current value of the transferred structured settlement payments (Purchased Payments) under federal standards for valuing annuities. The gross amount payable to seller (You) is $33,000.00. The net amount payable to the seller (You) is $33,000.00. Legal fees (this is an estimate of what Your attorney will charge You if You choose not to waive representation): $500.00 No other expenses are incurred by You. The net amount that You will receive from Us in exchange for Your future structured settlement payments represents 34.10% of the estimated current value of the payments based upon the discounted value using the applicable federal rate. Based on the net amount that You will receive in payment from Us and the amounts and timing of the structured settlement payments that You are selling to Us, this is the equivalent of interest payments to Us at a rate of 14.03% per year. PLEASE NOTE THAT THIS IS NOT A LOAN, BUT A SALE OF PAYMENT RIGHTS AND THE INTEREST FIGURE IS ONLY PROVIDED AS AN ILLUSTRATION OF THE ECONOMIC IMPACT OF THE SALE. Please be advised there are no penalties or liquidated damages payable by you in the event of any breach of the transfer agreement by you. By signing below, You are confirming receipt of this Disclosure Statement at least 10 days prior to You first incurring an obligation with respect to the transfer agreement (Purchase Contract). r . ?. w.... _ _. _ __ SIGN ERE VY ?fIT c? -z- :'DI 11""l, Wfi.;' :??'?Il'irn ltf I undmt'. I F t IMPORTANT NOTICE. You are strongly urged to consult with an attorney who can advise you of the potential tax consequences of this transaction. By: J _ R RTC Sworn to and subsc ibed Before a this :a of..r,_ , 20_!1. Notary _? ?_--- - NOTARIAL ELAINE NotMLK(F A AOMMIW (;Ott ",il on ?ttl 1 111 t ldrr, ?,:•t11, IIit.,II I ntt hua I I i ATTACHMENT/EXHIBIT "5" jr,o? ., . M peachtree September 13, 2011 Metropolitan Life Insurance Company MRMR 2025 Leestown Road, Suite J Lexington, KY 40511 Attn: Legal Department/Structured Settlements Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. MRMR 2025 Leestown Road, Suite J Lexington, KY 40511 Attn: Legal Department/Structured Settlements RE: Notice of Sale/Assignment of Payment Rights Your Contract #: Payee; Jt Wright Dear Insurer: Please be advised that Peachtree Settlement Funding, LLC and/or its successors and assigns, have entered into a transaction with the above-referenced annuitant who is seeking to transfer certain of his/her rights to the payments scheduled to be received under the above-referenced annuity policy. We are currently seeking court approval pursuant to the applicable structured settlement transfer statute. Pursuant to the statute, please note the following information about the Purchaser: Peachtree Settlement Funding, LLC 3301 Quantum Boulevard, 2nd Floor Boynton Beach, FL 33426 Tax ID # 45-2795843 PLEASE NOTE: No payments under this annuity should be held until the courts have entered a final order and we have forwarded this order to you. Very truly yours, Peachtree Settlement Funding, LLC By Lori Borowski, Vice President 3301 QUANTUM BOULEVARD, 2ND FLOOR • BOYNTON BEACH, FL 33426 PHONE: (800) 444-8641 • fAX: (215) 567-6096