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Home My WebLink About11-8755Maro & Maro, P.C. By: Robert A. Maro, E Attorney I.D. No.: 895 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 IN THE COUR ???..?.O?OFFlCE WE FROTHONOTA111 20110EC 22 A"10.51 Attorney for JG Vier; WWOMIbn, LLC OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Joint Petition of G Wentworth NO: 2011-8755 Civil Originations, L C and W. Porter-Lovett CERTIFICATE OF SERVICE I, Robert A. M , Esquire, hereby certify that a true and correct copy of the Initial Order of Court 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 lit e. A copy of the Notice is attached hereto. Date: December 20, 20 ? 1 By: obert A. Maro, Esquire Attorney for JG Wentworth Originations, LLC Reserved for Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of J.G. Wentworth NO: 11- $'I? Civil Term Originations LLC and W. Porter-Lovett INITIAL ORDER OF COURT On this IaS day of ? 2011, it is ordered that a hearing on this Petiti n to Transfer Structured Settlement Payment Rights will be held on cola l??arlrwu rt)At'v__?__ Courtroom _S at :30 o'clock. The payee shall bring `income tax returns for the prior two (2) years to the hearing. Within seven d7) 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 ervice 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. j-n Co :zm o n-r` BY THE COURT: ? roF --? ?- o cn_i N) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re: Petition of William Porter-Lovett to Docket No. 2011-8755-Civil Transfer Structured Settlement Payment Rights ORDER Petitioner, J.G. Wentworth Originations, LLC, having petitioned this Court for an Order pursuant to the Pennsylvania Structured Settlement Protection Act 40 P.S. § 4001 et seq., (the "Pennsylvania Act"), approving the transfer of structured settlement payment rights pursuant to a transfer agreement ("Transfer Agreement") between J.G. Wentworth Originations, LLC ("Transferee") and William Porter-Lovett ("Payee"), and upon all papers and pleadings in this matter, including the Transfer Agreement, the disclosure statement, the testimony of the Payee and all other papers submitted in support of the transfer, and Hartford Life Insurance Company and Twin City Fire Insurance Company, having expressed no objection to the terms of this transfer, and the Court having heard Transferee's Counsel at the hearing on this matter on this 1st day of February, 2012, and due deliberation being had thereon, the Court hereby makes the following express findings: This Court has jurisdiction over this matter pursuant to the Pennsylvania Act; 2. The transfer of the structured settlement payments complies with the requirements of the Pennsylvania Act, and Connecticut General Statutes § 52-225-g-1 (collectively, "Applicable Acts"); 3. The only interested parties or potential interested parties to this action as defined by the Applicable Acts are as follows: Pay e: William Porter-Lovett 600 E Keller St Mechanicsburg, PA 17055-3425 Structured Settlement Obligor: Twin City Fire Insurance Company Hartford Plaza Hartford, CT 06115 Attn. Legal Dept/structured Settlements Annuity Issuer: Hartford Life Insurance Company 200 Hopmeadow Street Simsbury, CT 06089 Attn. Legal Dept/structured Settlements 4. The Court has determined that the transfer is in the best interest of the Payee, taking into account the welfare and support of Payee's dependents, if any. The transaction, including the discount rate used to determine the gross advance amount and the fees and expenses used to determine the net advance amount are fair and reasonable to all interested parties. 5. The Payee has received, or expressly waived, in a separate written acknowledgement signed by the payee, independent legal advice regarding the implications of the transfer, including consideration of tax ramification of the transfer; 6. The transfer does not contravene any applicable federal or state statute or regulation, or any applicable law limiting the transfer of workers' compensation plans, or order of any court or other governmental authority; 7. The Payee has consented to the transfer in writing; Transferee has satisfied the notice provisions of the Applicable Acts by serving a copy of the notice of proposed transfer, the application for its approval and all other required documents on all interested parties at least 20 days prior to the time at which the Petition was noticed to be heard; 9. In connection with the transfer, at least 10 days before the date on which Payee first incurred an obligation with respect to the transfer, Transferee provided to the Payee the disclosure statements as required by the Applicable Acts; 10. The Transfer Agreement provides that if the Payee is domiciled in this state, any disputes between the parties will be governed in accordance with the laws of this state, and that this state is the proper venue to bring any cause of action arising out of a breach of the Transfer Agreement; 11. The Transferee has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor, and has filed a copy of that notice with the Court; 12. The Transfer Agreement does not authorize Transferee or any other party to confess judgment or consent to entry of judgment against the Payee; and 13. The Agreement does not involve the transfer of life contingent payments. 14. The aggregate amount of the payments being transferred is $40,000.00. 15. Net amount payable to Payee in exchange for such payments is $21,500.00. ORDERED that the petition of Transferee is granted; and it is further ORDERED that Twin City Fire Insurance Company and Hartford Life Insurance Company shall recognize and honor the terms of the Transfer Agreement and the assignment to Transferee, and/or its successors or its assigns; and it is further ORDERED that Hartford shall make payments of. A) 1 payment of $20,000.00 on December 23, 2014 B) 1 payment of $20,000.00 on December 23, 2019 (the "Assigned Payment") to Transferee; and it is further ORDERED that Twin City Fire Insurance Company and Hartford Life Insurance Company shall remit the Assigned Payment to Transferee at the following address, or such other address as Transferee shall designate in writing: J.G. Wentworth Originations, LLC. P.O. Box 83364 Woburn, MA 01813-3364; and it is further ORDERED that Twin City Fire Insurance Company and Hartford Life Insurance Company shall, as to all parties except Transferee, be discharged from any and all liability for the Assigned payment; and it is further ORDERED that the Transferee shall be liable to Twin City Fire Insurance Company and Hartford Life Insurance Company for any liabilities, taxes or costs of any kind, including reasonable costs and attorneys' fees arising from compliance by Twin City Fire Insurance Company and Hartford Life Insurance Company with this order and/or arising as a consequence of the Transferee's failure to comply with applicable law; and that, if, as a consequence of the Transferee's failure to comply with applicable law, the Transferee owes any amount to Twin City Fire Insurance Company and Hartford Life Insurance Company, then the Transferee expressly grants to Twin City Fire Insurance Company and Hartford Life Insurance Company the right to recover any liabilities, taxes, costs of any kind, and attorneys' fees, as well as their attorneys' fees relating to the above-captioned action; and it is further ORDERED that this Order in no way modifies or negates the ownership or control of the underlying contract by Twin City Fire Insurance Company and is entered without prejudice to the rights of Twin City Fire Insurance Company and Hartford Life Insurance Company and the lack of opposition by Twin City Fire Insurance Company and Hartford Life Insurance Company to this transfer, and their compliance with this Order, shall not constitute evidence in this or any other matter regarding: (i) the assignability of payments under a structured settlement agreement or annuity contract or related contracts or whether such payments can be assigned; (ii) the enforceability of provisions that restrict and/or preclude assignment of payments under a structured settlement agreement or annuity contract or related contracts or orders; (iii) the validity of other transactions entered into by Transferee; or (iv) whether Twin City Fire Insurance Company and Hartford Life Insurance Company has waived any right in connection with any other litigation or claims or rights other than the rights to the Assigned payment as described above; and it is further ORDERED that after Twin City Fire Insurance Company and Hartford Life Insurance Company changes the address for the Assigned payment to the above designated address ("Designated Address"), then Twin City Fire Insurance Company and Hartford Life Insurance Company shall not again be required to change the address for the Assigned payment; however, the Transferee may request and Twin City Fire Insurance Company and Hartford Life Insurance Company will reasonably grant up to one address change per calendar year; and it is further ORDERED that in the event that Transferee further assigns rights to the Assigned payment (or any portion thereof) to any other person or entity, then Twin City Fire Insurance Company and Hartford Life Insurance Company will not themselves be obligated to redirect the Assigned payment (or any portion thereof) to any person or entity other than Transferee, and Twin City Fire Insurance Company and Hartford Life Insurance Company shall have no duty or obligation to any person other than Transferee; and it is further ORDERED that if prior to the issuance of the order or within 30 days after the entry of the order, Twin City Fire Insurance Company and Hartford Life Insurance Company sends any of the scheduled. Assigned Payments to the Payee that came due and owing under the settlement and annuity in that time period, it is adjudged that Twin City Fire Insurance Company and Hartford Life Insurance Company has fulfilled their obligations to the Payee and to the Transferee with respect to any such payment(s); and it is further ORDERED that the death of Payee prior to the due date of the last of the Assigned payment shall not affect the transfer of the Assigned payment from Payee to J.G. Wentworth Originations, LLC., and Payee understands he is giving up his rights, and the rights of his heirs, successors and/or beneficiaries, to the Assigned payment; and it is further ORDERED that any further transfer of structured settlement payments rights by the Payee shall be made in compliance with all of the requirements of Applicable Acts; and it is further ORDERED that this order is binding on any and all successors of the Payee, of other interested parties, and of the Transferee; and it is further ORDERED that the Payee shall not incur any penalty, forfeit any application fee or other payments, or otherwise incur any liability to Transferee or any other person based on -4ny failure of the transfer to satisfy the Applicable Acts; and it is further r -n -`°- n "I , ??. ORDERED that this constitutes a Final Order of the Court . Date&-, ' , , ,S?cll err?-t. J ??,1,c .r b n1 r?? \,.., "--L C-,r e r, LLC /'^??Z'a r GC>Gc 24 l f ? ! p? - _._-_ ?bber+ Maro, Sal, - hand d* (:t//?o cB