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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of J.G. Wentworth NO: //^ 7717
Originations, LLC and H. Mckee
INITIAL ORDER OF COURT
On this J ay of Of?(? 2011, it is ordered that a
hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on
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2011, in Courtroom C>Z at4?,90 o'clock.
The payee shall bring income tax returns for the prior two (2) years to the hearing.
Within seven (7) days, the transferee shall give notice of the hearing date to the
payee, the structured settlement obligor, the annuity issuer, the payee's spouse and any _
person receiving child support, alimony, or alimony pendente lite. The transferee shall
attach a certificate of service to the notice of hearing date. A copy of the notice with the
certificate of service shall be filed with the court prior to the hearing.
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BY THE COURT:
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Maro & Maro, P.C. r j
By: Robert A. Maro, Esquire
Attorney I.D. No.: 89585
F 12:
1115 W. Main Street
Norristown, PA 19401 „Ft.yio9 t;0 Ui
(610) 275-9600 Attorn J43r VA*Wrth Origination, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: Joint Petition of JG Wentworth NO: 2011-7717 Civil
Originations, LLC and H. McKee
CERTIFICATE OF SERVICE
I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the
Hearing Notice was served upon the Payee, The Structured Settlement Obligor, The
Annuity Issuer, the Payee's Spouse and any person receiving child support, alimony or
alimony pendente lite.
A copy of the Notice is attached hereto.
Date: October 18, 2011
Robert A. Maro, Esquire
Attorney for JG Wentworth
Originations, LLC
MARO & MARO, P.C.
By: Robert A. Maro, Esquire
Attorney I.D. No.: 89585
1115 West Main Street
Norristown, PA 19401
(610) 275-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of J.G. Wentworth //-77/7
Originations, LLC and H. Mckee NO: NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED
SETTLEMENT PAYMENT RIGHTS
To: Allstate Life Insurance Company
Attn. Lisa Sterner, Claims
3100 Sanders Rd., N3
Northbrook, IL 60062
Allstate Assignment Company
Attn: Lisa Sterner, Claims
3100 Sanders Rd. N3
Northbrook, IL 60062
J.G. Wentworth Originations, LLC
201 King of Prussia Road
Radnor, PA 19087
H. Mckee
You are hereby given notice that J.G. Wentworth Originations, LLC has filed a petition
to transfer structured settlement payment rights. A hearing in this matter has been scheduled on
, 2011 at a(/'" ;
3 o clock in courtroom no. ? courthouse,
Cumberland County Court of Common Pleas, Pennsylvania.
You are entitled to support, oppose or otherwise respond to the payee's petition, either in
person or by counsel, by filing written comments with the court prior to the hearing or by
attending the hearing.
The Name, Address and Tax Identification number of the transferee is J.G. Wentworth
Originations, LLC. 201 King of Prussia Road, Radnor, PA 19087, Tax I.D. No. 20-4728885.
fin" f-ll
Date
BY:
nsyUlre
Attorney for J.G. Wentworth
Originations, LLC.
1115 W. Main Street
Norristown, PA 19401
(610) 275-9600
(610) 275-9666(facsimile)
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Reserved for Court Use.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: Joint Petition of J.G. Wentworth / ep" 7`L%
NO: / - 7717
Originations, LLC and H. Mckee /
INITIAL ORDER OF COURT
On this -44 day of
2011, it is ordered that a
hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on
2011, in Courtroom. 92____ - at q: 3 o'clock. a M
The payee shall bring income tax returns for the prior two (2) years to the hearing.
Within seven (7) days, the transferee shall give notice of the hearing date to the
payee, the structured settlement obligor, the annuity issuer, the payee's spouse and any
person receiving child support, alimony, or alimony pendente lite. The transferee shall
attach a certificate of service to the notice of hearing date. A copy of the notice with the
certificate of service shall be filed with the court prior to the hearing.
BY THE COURT:
LI u /,ElD 1 l?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y.
PENNSYLVANIA
RE: Joint Petition of J.G. Wentworth NO. 1 1-7717 Civil Term
Originations, LLC and I lailey McKee
FINAL ORDER
AND NOW, this _ I 1"day of January, 2012, it is ordered that the Joint Petition for
Transfer of Structured Settlement Payment Rights is granted.
The Court specifically finds that:
The payee, Ilailey McKee a/k/a Hailey Katherine Witn a/k/a Hailey Wim ("Ms.
McKee"), has established that the transfer is in the best interest of Ms. McKee and her
dependents, taking into account the welfare and support of her dependents.
Based on the certification by an attorney for the transferee, J.G. Wentworth
Originations, LLC ("Wentworth"), and the Court having not been made aware of any statute.
regulation, or order that would be incompatible with the proposed transfer, the transfer will not
contravene any applicable federal or state statute or regulation, or the order of any court' or
responsible administrative authority, or any applicable law limiting the transfer of workers'
compensation claims.
3. The transfer complies with the remaining requirements of the Pennsylvania
Structured Settlement Protection Act, 40 P.S. § 4001 e1 seq., including sections 4003(a)(2),
4003(a)(4), 4003(a)(5), and 4003(a)(6).
1 The Court has reviewed and considered the Order dated March 20, 2009 entered by the Superior Court of
Hunterdon County, New Jersey, a copy of which is attached hereto as Exhibit "A," approving the underlying
structured settlement. The Court has further reviewed the January 6, 2012 Order of the Superior Court of I lunterdon
County, New Jersey, a copy of which is attached hereto as Exhibit *'B," -ranting express written approval of the
proposed transfer.
Based upon the foregoing findings, IT IS HEREBY ORDERED that:
1. The payments that are to be transferred are designated as follows: monthly
payments each in the amount of $650.58, commencing on January 18, 2017 through and
including July 18, 2029 (the "Assigned Payments")
2. The annuity issuer, Allstate Life Insurance Company ("Allstate Life"), shall
forward the Assigned Payments, within 7 days of the date due, by check made payable to ".1.G.
Wentworth Originations, I,LC," at P.O. Box 83364, Woburn, MA 01813-3364, as follows:
monthly payments each in the amount of $650.58, commencing on January 18. 2017 through and
including July 18, 2029.
3. The terms of this Order shall survive the death of Ms. McKee and shall be binding
on Ms. McKee's heirs, beneficiaries and assigns, and her death shall not affect the right of
Wentworth to receive the Assigned Payments.
4. In the event Wentworth further assigns or otherwise transfers the Assigned
Payments (or any portion thereof or interest therein) to another person or entity (a
"Reassignment"), Allstate Life and the structured settlement obligor, Allstate Assignment
Company (collectively, "Allstate"), will not be obligated to redirect the Assigned Payments (or
any portion thereof) to any person or entity other than Wentworth or to any payment address
other than that specified herein, and Wentworth and Ms. McKee shall remain obligated to
comply with all terms and conditions herein and in the parties' Stipulation ("Stipulation").
5. Wentworth shall defend, indemnify, and hold harmless Allstate and its directors.
shareholders, officers, agents, employees, servants, successors, and assigns, and any parent,
subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees,
servants, successors, and assigns, past and present, from and against any and all liability,
including but not limited to costs and reasonable attorneys' fees, for any and all claims asserted
by any person or entity, including but not limited to any claims asserted by any person or entity
not a party hereto, claiming an interest in the Assigned Payments, and any and all other claims
made in connection with, related to, or arising out of the Purchase Contract between Wentworth
and Ms. McKee, the proposed transfer, the Assigned Payments, any Reassignment, or Allstate's
compliance with the parties' Stipulation or this Order, except with respect to claims by
Wentworth against Allstate to enforce Allstate's obligations to Wentworth under the parties'
Stipulation. To the extent Wentworth fails to honor this indemnification and defense obligation.
Allstate may, in addition to all other remedies afforded by law, satisfy the same by withholding
to its own credit any remaining Assigned Payments.
6. Allstate's lack of opposition to the matter, or its or the other parties' stipulation
hereto or compliance herewith, shall not constitute evidence in this or any matter, and is not
intended to constitute evidence in this or any matter, that:
(a) payments under a structured settlement contract or annuity or related
contracts can be assigned or that "anti-assignment" or "anti-encumbrance'
provisions in structured settlement contracts or annuities or related
contracts are not valid and enforceable; or
(b) other transactions entered into by Wentworth and its customers constitute
valid sales and/or secured transactions; or
(c) Allstate has waived any right in connection with any other litigation or
claims; or
(d) Wentworth has waived any right other than as expressly set forth in the
parties' Stipulation and/or this Order.
7. Ms. McKee shall receive from Wentworth the net amount of $37,000.00 from
which no funds are owed for counsel fees, administrative fees, or other costs, fees, or expenses.
DONE IN OPEN COURT the ? day of January, 2012.
Judge
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EXHIBIT A
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LEARY, BRIDE, TINKER & `GRAN
A Professional Corporation
7 Ridgedale Avenue
Cedar Knolls, NJ 07927
(973) 539-2090
Attorneys for plaintiff Hayley Wien
by her Guardian ad Litem Shirlee Hewitt
File No. 25461 BP
kfiAYLEY WIM, BY HER GUARDIAN AD
LITEM SHIRLEE HEWITT
Plaintiff(s)
V.
JACOB CAROM AND RICHARD CAROM
Defendant (s)
0
AECE I V ED/FILED
AT CRAMBMS
MAR 2 5 2{}09
nmcs RuBIN
SUPERIOR COURT OF NJ
LAW DIVISION
HUNTERDON COUNTY
DOCKET NO. L 525-08
CIVIL ACTION
ORDER ENTERING JUDGMENT
AND DEPOSIT OF FUNDS
This matter having come before the Court in accordance
with 8.4:44-3 and the attorneys for the part.i.ws having
reported to the Court that a settlement of the infant
p?aintiff`s claim has been arrived at between the plaintiff
and the defendant(s), and the Court having then taker
proofs on the record and having approved said settlement;
IT IS on this ?o day of March 2009,
ORDERED that Judrmenl is entered on behalf of Hayley
Wim, an infant by he= Guardian. Ad Liten and in favor of
Flayley Wim individually, in the gross amount of $100,000
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against the defendant(s), Jacob Carom and Richard Carom
without costs and/or interest; and
IT IS FURTHER ORDERED that pursuant to Rule 4:48A,
that the net present recovery of $100,000 shall be
structured as follows. The payments will be assigned to
i
C Allstate Assignment Company (Assignee) by way of a Unifcrrn i
Qualified Assignment by the defendant and/or insurer. In
i
accordance with the Uniform Qualified Assignment, the
assignee will fund its obligation to flake payments through
the purchase of an annuity from Allstate Life Insurance
Company, an A+ Superior rated life carrier by the
independent rating service, A. M. Best. The payments will
be guaranteed through the issuance of Statement of
Guarantee by Allstate Life Insurance Company which
guarantees the obligation of Allstate Assignment Company
assumed under the Uniform Qualified. Assignment. Periodic
payments will be made to Hayley Wim as follows:
` $650.58 GUARANTEED monthly, for 20 Consecutive
years beginning August 18, 2009, with the final
guaranteed payment on :July 18, 2029.
In the event of the death of ttayley Wim prioE to July
18, 2029, any periodic; payment due and payable as out3-:ned
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above on the dates above will be paid to Nayley Wim's
designated primary boneficiary(s) who is: McKenna Wim.
Hayiey Wim retains the right to amend the beneficiary
designation, in accordance with the Settlement Agreement
and Re'-ease, upon reaching the age of majority.
IT IS FURTHER ORDERED that the attorney for the
plaintiff deliver a copy of this Order to all parties
within ? v days of the date hereof.
?(,YiY7 'u I?YQIri J.S.C.
J .
M. Lou Garty, Esq.
Vassallo & Garty, LLC
1236 Brace Road, Suite F
Cherry Hill, NJ 08034
(856) 382-0383
Attorney for J.G. Wentworth Originations, LLC
?,
20?2
HAILEY WIM, now known as HAILEY
McK.EE, by her Guardian Ad Litem,
SHIRLEE HEWI'17,
SUPERIOR COI Jl?T 0F NF; X .IFRSF?'
LAW DIVISION
HUNTERDON COIN" A*
DOCKET NO. L-525-08
PLAINTIFFS,
V.
Civil Action
JACOB CAROM and RICHARD CAROM,
j/s/ a,
DEFENDANTS
ORDI,R
This matter having been brought before the Court on the motion of Plaintiff, Hailey Wim,
now known as Hailey McKee ("Ms. McKee"), and the Petitioner, J.G. Wentworth Originations,
LLC, ("JGW") -- M. Lou Garty, Esq. of Vassalio & Garty, LLC appearing for the nerving party.
seeking an Order amending the prior Order approving the settlement on behalf of Ms. MC K?x,
who was then a minor child; and for an Order pennitting J.G. Wentworth to Intervene in illis
action, if tide Court deems necessary, to file the within motion seeking to amend the Order
approving the settlement in this case; and whereas no opposition to either of the ino-,Ions filed
has been filed; and for good cause shown;
IT IS ON this -6 -day of January, 2012, HEREBY ORDERED, ADJUDGI DI
and DECREED as follows:
1. The Motion to Reconsider the Court's Order of November 18, 2011 in this matter
BE and HEREBY is GRANTED; and
2. The Motion to Amend the prior Order of March 20, 2009 is GRAN I'I;U;
/ i / . . I. - _.•WrW"=n TO Elf
3. The Order Approving Infant Settlement and Entering Judgment dated March 20.
2009 by this Court, Docket No. L-525-08 is hereby modified to allow the transfer by Halley
Wim, now known as Hailey McKee, of the structured settlement payment rights subject to
obtaining any and all necessary court approval in compliance with any and all applicable state
statutes and Section 5891 of the Internal Revenue Code, and without in any way modifying or
adversely affecting the rights of Allstate Assignment Company and Allstate Life Insurance
Company under the settlement agreement, including the anti-assignment provisions contained
therein, or the related annuity contract in connection with any proposed transfer of the struuti.irej
settlement payment rights.
4. Allstate Assignment Company's and Allstate Life Insurance C:`on:pany's rights
under the settlement agreement and related annuity contract arc preserved.
5. Ms. McKee is hereby permitted to continue with the proposed transfer of her
structured settlement payment rights in the Courts of the Commonwealth of Pennsylvania.
{ ) o posed
{ unopposed
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