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HomeMy WebLinkAbout03-0630IN RE: RYAN J. ZIRKLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : ORPHANS' COURT DIVISION PETITION TO TRANSFER STRUCTURED SETTLEMENT TO THE HONORABLE JUDGE OF SAID COURT: The Petition of Ryan J. Zirkle, by and through his attorneys, Friedman & King, P.C., respectfully represents as follows: 1. Petitioner is Ryan J. Zirkle, an adult individual who resides at 208; 9th St., Apt. 1, New Cumberland, Pennsylvania 17070. 2. Petitioner is the beneficiary of an annuity owned by Erie Insurance Company and issued by Erie Family Life Insurance Company. The structured settlement provides payments to the Petitioner as follows: Payable on 7/27/07 - $20,000.00 Payable on 7/27/12 - $46,920.00 3. Petitioner proposes to enter into a Purchase Agreement with 321 Henderson Receivables Limited Parmership, its nominees, successors or assigns, whose address is 40 Morris Ave., Bryn Mawr, Pennsylvania 19010, which will purchase Petitioner's structured settlement set forth abox, e, for the sum [- 09~i ~0. of $31,000.00. A copy of the Purchase Agreement is attached hereto, made a part hereof, and designated as Exhibit "A". 4. Not less than ten (10) days prior to the date on which Petitioner first incurred any obligation with respect to the transferee, 321 Henderson Receivables provided the Petitioner, Ryan .1. Zirkle, with a Disclosure Statement pursuant to 40 P.S. § 4003. See Exhibit "A". 5. 321 Henderson Receivables has served written notice, including its name, address, and tax identification number, to the structured settlement obligor and has served written notice as required by Pennsylvania Statute 40 P.S. 4004 upon all interested parties, none of whom have objected to the transfer. True and correct copies of said notices are attached hereto, made a part hereof, and designated as Exhibit "B". 6. The best interest of Ryan J. Zirkle would be served by granting the relief requested herein so that Ryan J. Zirkle can attend the New England Culinary Institute and obtain an Associates Degree in culinary arts, and provide for his living expenses while attending said school. Said degree will enable Mr. Zirkle to earn substantially more money working as a chef than he currently earns working as an assistant cook, without a degree. This degree will, likewise, enable him to pursue other food-related careers as well. WHEREFORE, Petitioner respectfully requests this Honorable Court approve and authorize the sale of the structured settlement payment stream between Erie Family Life Insurance Company and Ryan J. Zirkle to be sold and transferred to 321 Henderson Receivables Limited Partnership, Inc., its nominees, successors or assigns. Respectfully submitted, FRIEDMAN & KING, P.C. 0~0hI~55Se~oFnridedS~ea~ E s qu ire Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 a/p :pleadings~zirkle.pet VERIFICATION I, Ryan J. Zirkle, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition To Transfer Structured Settlement; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswornDated: falsification0 ~ to authorities. ~~ ~ IN RE: RYAN J. ZIRKLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. : ORPHANS' COURT DIVISION CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on August 1, 2003, I served a copy of the within Petition To Transfer Structured Settlement, by depositing same in UPS overnight delivery, charges prepaid, addressed as follows: 321 Henderson Receivables 40 Morris Ave. Bryn Mawr, PA 19010 Erie Family Life Insurance Company Attn: Legal Dept./Structured Settlements 100 Erie Insurance Place Erie, PA 16530 Erie Life Insurance Company Attn: Legal Dept./Structured Settlements 100 Erie Insurance Place Erie, PA 16530 FRIE i . R~hard S. Friedman, EsqUire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 EXHIBIT A PURCHASE AGREEMENT This is a Purchase Agreement. The date of this Agreement is .,~o .5 ~ ,200 3. Ryan Zirkle is the Seller. 321 Henderson Receivables Limited Partnership, a Nevada Limited Partnership, its successors and/or assigns is the Buyer. In this Agreement, Ryan Zirkle is referred to as "You" or "Your" and 321 Henderson Receivables Limited Partnership or its nominee, is referred to as "We", "Us" or "Our". BACKGROUND OF THIS AGREEMENT 1. On July 01, 2000, You signed a Settlement Agreement with Barry L. Wilson, et al ("BLW") and possibly others (the "Release" or the "Settlement A~reement"). Under the Settlement Agreement, You are entitled to receive certain payments (the "Payments") because You settled a personal injury claim with BLW. 2. BLW and/or its insurer funded the Payments by buying an annuity contract (the "Annuity") issued by Erie Family Life Insurance Company (the "Annuity Company"). 3. A list of the Payments being sold under this Agreement is attached to this A~reement as Exhibit "A". You have supplied us with a copy of the Release and a copy of the Annuity or a letter that describes the obligations of Erie Family Life Insurance Company under the Annuity. 4. You desire to sell and assign to Us all of Your rights to receive all or a portion of the Payments under the Release, as described on Exhibit "A", all of the other rights You have under the Release a~d the other rights as described in Section I(a) below. We desire to purchase all of Your rights and benefits, on the terms and under the conditions described in this Agreement. You and We agree as follows: I. Purchase and Sale. You now sell, transfer and assign to Us all of Your ri~ohts in the "Assio~ned Assets" as listed in E.',chibit "A". As used in this Ao~reement, the te~rrn "Assigned Assets" means (1) Your rights to receive all or a portio~ of the Payments under the Release, (2) the Payments listed in Exhibit "A", (3) the right to receive all or a portion of the "qualified funding asset" defined in the Qualified Assignment described in Exhibit "C" and anv interest in the proceeds of the qualified funding asset related to the Assigned Assets. (4') all of Your other rights (but none of Your obligations) under the Release and the Qualified Assignment related to the Assigned Assets, and (5) all of Your present or future rights to sell, assign, transfer, cause an early termination of, modify, waive, settle, or receive value for, the Payments on Exhibit "A". By Our signing this Agreement, We are hereby purchasing and accepting the sale and assignment of all of the Assigned Assets described above. The purchase price is Thirty-One Thousand Dollars and 00/I00 Cents ($31,000.00) (the "Purchase Price"). The Purchase Price will be paid to You when both You and We sign this Agreement and We have completed Our internal process. 2. Instructions to Annuity Company; Acknowledgment. Initial: ao When this Agreement is signed by You and Us, You will deliver to Us a letter, addressed to the Annuity Company, stating that all payments to be made relating to any of the Assigned Assets will be sent to Us (the "Notice of Direction of Payment"). The Notice of Direction of Payment will be in a form satisfactory to Us. You will also, at the time of or after Your signing of this Agreement, deliver to Us, addressed as We may require, other notices, instructions or documents, and copies of them, as We think are necessary or ,02001 321 Henderson Receivables Limited Partnership Co proper to carry, out this Agreement. When You and We sign this Agreement, You will also deliver to Us: (1) a letter addressed to the Annuity Company directing that all payments of the Assigned Assets after Your death shall be sent directly to Us. and (2) a Change of Beneficiary Form changing the beneficiary of the Assigned Assets. after Your death, to "321 Henderson Receivables Limited Partnership", as sole beneficiary [(1) and (2) above are referred to as the Change of Beneficiary Form]. The Change of Beneficiary Form will state that the instructions may never be revoked and that no change may be made in the instructions or in the payments (including as to the payee or the manner or place of making such payments) without Our prior written consent. You will also, when this Agreement is si~ned bv You and Us, deliver to Us, addressed as We may require, such other notices. instructions or documents, and copies of them, as We think are necessary or proper to carry out this Agreement. Before You and We sign this Agreement, You will deliver to Us an acknowledgment of the Estate of Ryan Zirkle, as primary, beneficiary of the Assigned Assets. of the terms of this Agreement. the Estate of Ryan Zirkle will agree that 7hey are not entitled to any rights to any of the Assigned Assets. ' ~ You agree to sign all other documents which We may request forever naming Us as the only beneficiary of the Assigned Assets. including gut not limited to an agreement to provide in Your Last Will and Testament that all of Your rights to the Assigned Assets were sold to Us (a "Testamentary. Agreement"). You acknowledge that We advised You to obtain independent professional tax advice to determine whether this transaction will result in any adverse federal and/or state tax consequences. You acknowledge that We advised You must obtain independent legal representation prior to executing this Agreement and that We have advised you that We may not refer You to any specific attorney for such purpose. Initial: Your Representations and Warranties. You now represent and warrant to Us that: You own (and are selling and assigning to Us under this Agreement) all of the Assigned Assets, free and clear of all claims, liens, charges, security interests, encumbrances, and agreements of any nature (other than this Agreement), and when You and We sign this Agreement, no one other than Us shall have any present or future right to the Assigned Assets. This Agreement and all of the other documents signed in connection with this Agreement have been properly signed by You, and they represent Your legal, valid and binding obligation, enforceable against You in accordance with their terms. The copies of the list of Payments, Release and Annuity or a letter that describes the obligations of Erie Family Life Insurance Company under the Annuity, attached to this Agreement as Exhibits A, B and C are true copies of such agreements, and have not been altered, amended or modified in any way since the date they were signed. The Release is valid and binding on all of the parties that have signed it, is in full force and effect, and no party has violated any of its terms. c. The signing and performance of this Agreement by You and the transactions described in this Agreement: ¢2001 321 Henderson Receivables Limited Partnership eo h. iii. iv. do not conflict with any other obligations of Yours: will not cause a violation under (or create any right of termination, cancellation or acceleration or similar right under) any contract or agreement by which You or Your assets, including the Release, are bound or may be affected; will not create, or give any party (other than Us) the right to create, any lien. charge, security interest or encumbrance in. to or on any of the Assigned Assets; and will not create a present or future right in any other party to make any claim against You or Your assets, or any of the Assigned Assets. You understand the terms and provisions of this Agreement and You have been represented by tax and accounting advisors and a lawyer in the signing of this Agreement. Neither You nor anyone else have to do anything else for (1) the proper signing and performance by You of this Agreement and any transactions intended to be done in this Agreement. or (2) the carrying out by Us of any of Our rights and remedies under this Agreement. No other person has made a claim in any rights in or to the Assigned Assets. You have valid reasons for selling Your interest in the Assigned Assets rather than obtaining a loan with the Assigned Assets as collateral, and You agree that the transaction set forth in this Agreement is not a loan or other financing transaction. This Agreement is a valid sale, transfer and assignment to Us of the Assigned .Assets. Your residence and legal adr~ress ~,~,a/s,z~d~,.scribed in Paragraph 12 of this Agreement. During the lastO "-~,~rs'!¥ou have lived at such address. No representation or warranty of Yours in this Agreement or in any of the documents delivered in connection with this Agreement or in any agreement required by this Agreement, is inaccurate or contains any untrue or misleading statement. The signing by You of this Agreement will not violate any other promise or agreement you have made with anyone else. You understand that any and all restrictions on the assignability of the Scheduled Payments were included in the Release and/or Annuity at Your request, for Your benefit and not for the benefit of any other person. These restrictions, if any, were included by You as a precautionary measure to make sure You were allowed favorable tax treatment under the Internal Revenue Code. You understand that by entering into this A~eement, you may be giving up this favorable tax treatment. You understand that any income earned by You on any investment or use of the Purchase Price may be taxable to You. You may have to pay more in taxes as a result of this Agreement. For Our benefit and the benefit of Our assigns or successors, You agree to WAIVE AND RELEASE all of Your rights in. to, or under, such restrictions on assignability, if any. Initial: ~2001 321 Henderson Receivables Limited Partnership Initial: ko You have not before the date of this Agreement, sold or assigned Your right to the Assigned Assets or any part of the Assigned Assets. You do not o~ve anv money to Your present or former spouse for support maintenance or similar obligations, nor do You owe any money to any of Your children or guardians of Your children. The Assigned Assets are not subject to any community property or similar marital rights of any person. Your right to the Assigned Assets is not affected by any mortgage, pledge, lien. charge, security interest, encumbrance, restriction or adverse claim of any nature. You understand that any violation of any of Your representations in this agreement will result in an act of fraud by You which could result in You being held responsible for damages in favor of Us, with money to be paid by You to Us. You are not in violation of any obligations concerning child-care, alimony or support. You now give up forever all Your rights in any agreement that says that You cannot assign or sell Your rights in the Assigned Assets to Us. You have not requested and You do not expect to receive from Us, a Form 1099 or any other documentation which could make the transaction described bv this Agreement taxable to You in any way. You further understand that We have not given to You any advice about any of Your taxes in this transaction. You have relied on Your own professional advisors concerning taxes. As of the date of this Agreement, You are of legal age in the state noted as Your address in Section 11 of this Agreement, mentally sane, and of a sound mind. You have never been convicted of a felony or any other crime involving dishonesty. You are very. familiar with Your financial affairs and condition. With that full understanding, You certify that (1) on the date We pay You the Purchase Price and You sell to Us the Assigned Assets, the fair value of Your assets are and will be greater than all of Your debts; (2) You presently intend to pay all of Your creditors when such payments are due; and (3) You have not intentionallv hidden the fact from any creditor of Yours that You have entered into this Agreement and the other documents referred to in this Agreement. You do not intend to file for ban'kruptcy and there are no lawsuits or other efforts by any of Your creditors to put You into ban'kruptcy or to take the Assigned Assets. The Purchase Price is not Your only or most important source of income and You do not have any mental or physical problems that would prevent You from having a paying job. You promise to us that no broker, finder, or other person other than those persons named in the broker statement signed by you in connection with this Agreement was involved in or important in arranging the purchase transaction in this Agreement. No other person has a right to any fee, payment, commission, or other compensation because of this Agreement. You agree that We have not forced You to give to Us copies of any confidential documents. You agree that We told You that We only needed to see those documents which described the Assigned Assets so we could buy from You the ¢2001 321 Henderson Receivables Limited Partnership Assigned Assets. You agree that We do not intend to tell anv other party about what is included in those documents. You understand that i'f We do so, it will only be tbr the sole purpose of buying the Assigned Assets. You understand that it usually takes four weeks to complete this process, but that it could take longer if we do not receive cooperation from you or the annuity company. You understand that. due to the delays that may be occasioned by the annuity company, we will escrow the amount equal t~ the next two monthly payments due to you from the annuity company to insure that we receive all of the payments that we purchase. You understand that we may either pay or escrow funds to satis!ry any judgments, tax liens or child support'against you or the assigned assets and deduct those amounts from the purchase price. You understand that we will deduct from the purchase price any amounts of payments received by you prior to funding, if such amounts are not covered by the escrowed funds. You promise Us that: You xvill not, and will not allow any other party, (except Us or Our assignee. if applicable) to take funds away from the Assigned Assets. You will not do anything else to affect the Assigned Assets. You will not say You still own the Assigned Assets. You will not do anvthino~ or allow anyone else to do anything that could in any way interfere ~vith ~r lessen Our' rights in the Assigned Assets. You will not do anything that will. or could in the future, violate the Release. or any of the agreements required to be executed bv this Agreement. You also agree to cooperate with Us to help Us to obtain'all of the rights that We are buying from You in this Agreement and in the Release. You will give to Us at least thirty (30) days ~vritten notice of Your intention to move Your residence or change Your legal address from the address in Paragraph 11 of this Agreement. d. You will not make any change in Your instructions to the Annuity Company regarding payments to be made to You. e. You understand that the Annuity and the Release may say that You agree not to sell Your rights to the Assigned Assets. You agree to continue to cooperate with Us. This includes Your obligation to immediately deliver to Us any checks, funds or other form of Pa(,ment received after the date of this Agreement by You or anyone other than'Us. If any Payment is ever denied, delayed, or withheld from Us, as determined by Us in our reasonable discretion, directly or indirectly on account of any act or omission by You or any person acting for You, then You shall be in default under this Agreement (and an Event of Default under {}8 shall be deemed to have occurred). Immediately upon such default, and without any further notice to You, You will pay to Us the following amounts: (i) the full, dollar value of all remaining Scheduled Payments as they become due after the date of the default; Initial: r32001 321 I%nderson Recmvables Limited Partnership All of the remedies specified under this section shall be cumulative with all of the remedies t'or default pursuant to 58. If You learn before or after the signing of this Agreement of the threat or actual beginning of any lawsuit or proceeding that has anything to do with Our rights under this Agreement or the Assigned Assets, then You will immediately notify. Us of that and You will give Us copies of all notices and other writings relating to it promptly after You receive them. If You receive any notice relating to any supposedly unpaid claim affecting the Annuity or the Assigned Assets or to any other claim against the Annuity or the Assigned Assets, then You will promptly notify. Us and will promptly give Us copies of all notices and other writings relating to it received by You promptly after You receive them. You give to Us the right (if We want to do it) to create and use a signature stamp from a specimen signature given by You to Us for use: (I) in endorsing checks given under the Annuity or the Release in payment of the Assigned Assets: and (2) to assist Us to do anything necessary so We can get all of the rights that We are paying You for under this Agreement. even if You die or get sick. As described in the Notice of Direction of Payment, You will tell the Annuity Company (1) to mail all future Annuity payments for the Assigned Assets to the address We suggest and to change the mailing address of the primary, and contingent beneficiaries to that address; (2) to ignore all future requests, demands, and instructions received from You (or any other person besides Us) about the Assigned Assets; and (3) to accept and honor future requests, instructions, and orders about the Assigned Assets only from Us. 5. RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION WITHIN TWENTY-ONE DAYS FROM THE DATE YOU RECEIVE PAYMENT FROM 321 HENDERSON. In order for the cancellation to be effective. You must mail a notice of cancellation by registered or certified U.S. mail, postmarked within txventy-one (21) days of receipt of the Purchase Price to Us. c/o Vice President of Operations at 2920 North Green Valley Parkway. Building #3. Suite 321, Henderson, NV 89014. Furthermore, in order tbr Your notice of cancellation to be effective, Your registered or certified U.S. mail package to us must include a bank or certified check for the full Purchase Price that We paid You under this Purchase A~reement. Any failure to comply with the above procedure shall be a waiver of Your right to cancel this transaction. 6. Your Further Promises. You agree that, from time to time, at Your expense, You will promptly sign and give to Us any and all documents to help Us realize our rights and benefits under this Agreement. This promise includes signing, filing or allowing Us to file financing or continuation statements, or amendments or assignments of those documents. You permit Us or others acting for Us to sign our name and/or your name and file without Your signature such financing statements, if that is permitted in Your state of residence. When You sign this Agreement, You will also sign and deliver to Us a "Special Irrevocable Power of Attorney" You must retain the services of an attorney and deliver an opinion of Your attorney about the sale of Assigned Assets to Us, in a form acceptable to Us. 7. Continuation of Representations~ Warranties and Covenants. All of Your representations, warranties and promises made in this Agreement will continue to be relied on by Us after this Agreement is signed. Initial: :O2001 321 Henderson Receivables Limited Partnership 8. Event of Default. Your thilure to comply with any term of this A,.zreement or Your breach of any of Your representations in this Agreement will mean that You xvill be in default. We refer to this as an "Event of Default." If there is an Event of Default. We have the ri,zht_ to sue You in court to make You per/btm Your promises or to get money from You. Your failure to comply with any material terms of this Agreement will be a default. ' In Paragraph 4 (c) You agree to give US at least thirty (30) days written notice after Your move to a new residence or change of Your legal address from the address in Paragraph 16 of this Agreement. If we are purchasing fi.om You certain lump sum payments, We will contact you at least 3 months before the scheduled payment is due to determine if the address change We have effected with the annuity company is in place and to determine if Your legal address has remained the same. If We cannot eontaet'you because You have changed Your legal address or moved Your residence and failed to notifv Us, We will consider such failure to notify Us to be an EVENT OF DEFAULT and We will exercise all of our legal rights under this Agreement. OUR RIGHT TO PROCEED AGAINST YOU UNDER THIS AGREEMENT SHALL BE SOLELY LIMITED TO WHEN YOU HAVE COMMITTED AN EVENT OF DEFAULT. WE SHALL NOT HAVE THE RIGHT TO SUE YOU IF OR BECAUSE THE ANNUITY COMPANY 1S NOT ABLE TO MAKE PAYMENTS BECAUSE IT 1S NOT FINANCIALLY ABLE TO DO SO. o. Controllin~ Law. This Agreement shall be governed, construed and enforced in accordance with the internal laws of the State of Pennsylvania without reaard for the conflicts of law rules thereof or elsewhere. (For Court Orders or Notice Trahsfers obtained in'-the tbllowing jurisdictions: AZ. CA. CT, DE, FL. GA. IA, ID, IL, IN, KY, LA, MA. MD, [VIE, MI, MN, MO, MS. NC. NE, NJ, OH OKi RI. SC. SD, TN, TX. UT, VA, WA and WV the laws of those jurisdictions shall be applied in the event ora dispute regarding the transfer.) Your domicile is the proper place of venue to bring an,,' action arising out ora breach of this Agreement. 10. Responsibility for this A~reement. This Agreement xvil[ hold responsible Your heirs. executors, successors and assigns and will benefit Our representatives, successors, beneficiaries and permitted assigns. Nothing in this Agreement is intended to give anyone other than You or Us or each of Our successors or assigns any benefits. I1. Notices. All notices and other communications under this Agreement ~vill be in ~vriting and will be made by delive0, by means by which the sender obtains a receipt of deliveO, from the carrier (including without limitation, certified mail return receipt requested or overni~ht~ courier services), addressed to the party to whom a request or demand is to be made. Such demand or notice or request shall be deemed given on the date which is one business day after the date sent by overniaht mail or three days after the date sent by certified mail. ~ ' The addresses of the parties are as follows: If to You: Ryan Zirkle 208 9th Street Apt# 1 Ne~v Cumberland, PA 17070 If to Us: 321 Henderson Receivables Limited Partnership 2920 North Green Valley Parkway Building # 3, Suite 321 Henderson, NV 89014 Attention: Vice President- Operations Initial: 0,2001 321 Henderson Receivables Limited Partnership 12. Past Actions. Anything either You or We did or said before this Agreement was signed will not affect Your or Our rights under this Agreement in any way. 13. Expenses. Except as otherwise affirmatively set forth in this Agreement, You and We agree that we will each pay our respective costs and expenses in connection with the carrying out of this Agreement. 14. Headings. The section and subsection headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. 15. Counterparts. One or more originals of this Agreement may be signed with Your or Our signature. When put together they will make one agreement and the Agreement will be considered signed by all parties that need to sign. A facsimile signature will be considered an original. 16. Assignment. We and anyone to whom We assign this Agreement may assign Our right, title and interest in and to this Agreement, the Annuity and the Assigned Assets without Your approval. You and We agree that if there is an assignment by Us to someone else, We shall not be responsible to You. You must look only to the person or company that We assign this Agreement to for any payment (for example, of the Purchase Price) and performance of this Agreement. When asked by Us or any assignee, You will sign and deliver any such documents as We may require to perform this transaction, as assigned. 17. Your spouse. You and Your spouse are fully aware of Your rights in the Assigned Assets. You and Your spouse fully give up those rights. You and Your spouse understand that by selling the Assigned Assets to Us, You and Your spouse are not receiving the same amount of money as You would if You waited for all of the scheduled Payments of the Assigned Assets but, rather, are receiving a discounted value in return for receipt of the Purchase Price immediately. You and Your spouse have valid reasons for selling the Assigned Assets. You and Your spouse fully understand the terms of the Purchase Agreement and understand that the sale of the Assigned Assets is final. You also understand that Your spouse gives up any property right he or she may have in the Assigned Assets that Your spouse could claim because of Your marriage. 18. Entire Agreement. This Agreement and the E.xhibits and other documents You signed make up the entire understanding and agreement between You and Us about this Agreement. This Agreement replaces all prior agreements, whether written or oral, about this Agreement. This Agreement may not be changed unless in a writing signed by You and Us. 19. Limitation of Liability of Buyer. You understand that Our liability to You under this Agreement is strictly limited to the requirement to pay the Purchase Price and under no circumstances will We be responsible for consequential damages. 20. Court Approval. You understand that this sale of the structured settlement payments may be required to be approved by an order ora court. You agree to cooperate with us to obtain such court approval. 2~. Disclosure Statement PLEASE BE ADVISED THAT THE PROPOSED TRANSACTION IS A SALE, NOT A LOAN, AND THAT YOU WILL BE SELLING ALL RIGHTS AND TITLE TO THE ASSIGNED ASSETS ONCE THIS TI~a, NSACTION IS CONSUMMATED. PLEASE BE ADVISED THAT YOU MAY BE STATE INCOME TAX Initial: SUBJECT TO ADVERSE FEDERAL AND CONSEQUENCES AS A RESULT OF THE 0.,z901 321 Henderson Receivables Limited Parmership PROPOSED TRANSACTION. YOU SHOULD CONSULT YOUR OWN COUNSEL, ACCOUNTANT, OR FINANCIAL ADVISOR REGARDING ANY FEDERAL OR STATE INCOME TAX CONSEQUENCES ARISING FROM THE PROPOSED TRANSFER. YOUR PURCHASE PRICE WAS DERIVED ASSUMING A DISCOUNT RATE SIGNIFICANTLY HIGHER THAN THE PRIME INTEREST RATES CHARGED BY COMMERCIAL BANKS, THEREFORE, WE URGE YOU TO EXPLORE ALL FINANCIAL OPTIONS. WE WILL PURCHASE FROM YOU A) 1 payment of $20,000.00 on 7/27/2007 B) 1 payment of $46,920.00 on 7/27/2012 THE AGGREGATE AMOUNT OF THE PURCHASED PAYMENTS IS $66,920.00. THE DISCOUNTED PRESENT VALUE OF THE AGGREGATE PAYMENTS AT 3% IS $53,647.37. THE DISCOUNTED PRESENT VALUE IS THE CALCULATION OF THE CURRENT VALUE OF THE TRANSFERRED STRUCTURED SETTLEMENT PAYMENTS UNDER FEDERAL STANDARDS FOR VALUING ANNUITIES. THE GROSS AMOUNT PAYABLE TO SELLER IS $31,000.00. THE NET AMOUNT PAYABLE TO THE SELLER IS $31,000.00. NO EXPENSES ARE INCURRED BY YOU. THE DISCOUNTED PRESENT VALUE OF PAYMENTS SHALL BE CALCULATED AS FOLLOWS: THE APPLICABLE FEDERAL RATE USED IN CALCULATING THE DISCOUNTED PRESENT VALUE IS 3%. THE EFFECTIVE ANNUAL DISCOUNT RATE FOR THIS TRANSACTION IS 11.18%. THE CASH PAYMENT YOU RECEIVE IN THIS TRANSACTION FROM US WAS DETERMINED BY APPLYING THE SPECIFIED EFFECTIVE ANNUAL DISCOUNT RATE, COMPOUNDED MONTHLY, TO THE TOTAL AMOUNT OF FUTURE PAYMENTS TO BE RECEIVED BY US, LESS THE TOTAL AMOUNT OF COMMISSIONS, FEES, COSTS, EXPENSES AND CHARGES PAYABLE BY YOU. Initial: ~ '~?,O0l 321 Henderson Receivables Limited Partnership THE NET AMOUNT THAT YOU WILL RECEIVE FROM US IN EXCHANGE FOR YOUR FUTURE STRUCTURED SETTLEMENT PAYMENTS REPRESENTS 57.8% OF THE ESTIMATED CURRENT VALUE OF THE PAYMENTS BASED UPON THE DISCOUNTED VALUE USING THE APPLICABLE FEDERAL RATE. THE QUOTIENT OBTAINED BY DIVIDING THE NET PAYMENT BY THE DISCOUNTED PRESENT VALUE IS 57.8 %. BASED ON THE NET AMOUNT THAT YOU WILL RECEIVE FROM US AND THE AMOUNTS AND TIMING OF THE STRUCTURED-SETTLEMENT PAYMENTS THAT YOU ARE TURNING OVER TO US, YOU WILL, IN EFFECT, BE PAYING INTEREST TO US AT A RATE OF 11.18% PER YEAR. NOTICE OF CANCELLATION RIGHTS: YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO 5:00 P.M. OF THE TWENTY-FIRST DAY FOLLOWING THE LATER OF THE EXECUTION OF THE PURCHASE AGREEMENT, OR THE DATE THE PAYEE BECOMES OBLIGATED UNDER THE PURCHASE AGREEMENT WITHOUT PENALTY OR FURTHER OBLIGATION. THIS CANCELLATION RIGHT CANNOT BE WAIVED IN ANY MANNER. TO CANCEL, YOU MUST PROVIDE WRITTEN NOTICE TO THE TRANSFEREE. WRITTEN NOTICE SHOULD BE MAILED OR DELIVERED TO THE ADDRESS BELOW BY 5:00 P.M. OF (THE TWENTY-FIRST DAY FOLLOWING THE TRANSACTION). IT IS BEST TO MAIL IT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND TO KEEP A PHOTOCOPY OF THE SIGNED FORM AND YOUR POST OFFICE RECEIPT. ADDRESS TO WHICH CANCELLATION IS TO BE RETURNED: 321 HENDERSON RECEIVABLES LIMITED PARTNERSHIP Initial: ~_~ C2001 321 Henderson Receivables Limited Partnership Aug-01 -~3 I I: 51A Maur~n ~UG-G1 0~ 11:.~ F~O~:FPlFF~N ~ 800-269- 7921 TO:~ 2~ 7~21 P.02 PRSE:02 2920 NORTH GREEN VALLEY PARKWAV BUILDING # 3. SUITE 321 HENDERSON, NV 89014 ATTENTION: VICE PRESiDENT-OPER.ATIONS IMPORTANT NOTICE: YOU ARE STRONGLY I/RGED TO CONSULT WITH AN ATTORNEY WHO CAN ADVISE YOU' OF THE POTENTIAL TAX CONSEQUENCES OF THIS TRANSACTION. 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. THERE ARE NO BROKERS COMMISSIONS, SERVICE CHARGES, APPI.ICATiON FEES. PROCESSING FEES, CLOSING COSTS. FILING FEES, ADMINISTRATIVE FEES, LEGAL FEES, NOTARY FEES AND OTHER COMMISSIONS, FEES, COSTS, EXPENSES AND CHARGES PAYABLE BY YOU OR DEDUC'I'ED FROM GROSS A~IOUNT OTHERWISE PAYABLE TO YOU. ]2. £~hihi:i. Ar~ached to this Purchnae ^O.r¢crncn~ arc tl:¢ tbltawing Exhibits: ExhibJl "A" I_i~[ of Wha{ P;?~ymt.~nl~ We ate Ruyin~ Exhibil "B" Scalcmunt Agree~l%e~l, exhib[E "C" Annuity Con~r=Ct. the hr~( pLt~c o[(h~5 A~te~mcnt, 32t HI~NDERSON R~CE[VABt.E~ LIMITED Sworn [o and s¥~bsfribed va ~  J Han~u~ Dauphin Ceu~ IM~ ~smn'~pl~ May ~, EXHIBIT B .Aug;O1 -'03 I I: B2A August 1,2003 Maureen 800-269-7921 321 HENDERSON KECEIVABLES I~IMITED PARTNERSHIP P~02~ Erie I'~amily Life Tn~qurance Company 100 Erie Place Eric Place Philadelphia PA 16530 Altn: Legal Department/Stnletured Settlements Erie Insurance Comp;my 100 Erie l'lac¢ Et, ir Place Philadelphm PA 16530 Attn: Leg:~l Department/Structured Settlements RE: Nolice of SMa/Assignment of Payrnen! Rights Your Contract ??84518 Payee: Marvin Ryan Zirkle l'lcasc be advised that 321 llenderson Receivables Limitcd Partnership and/or ils successors and assigns, have entered into a transaction with thc ahove-referencctl annuitant who is seeking to transfet- ocrtain of his/her right~ to the payment.q .qeheduled !o be received under Iht above-referenced annuily policy. We arc currently seeking court approval pursuant to the applicable slructured settlement translbr statute. Pursuant to the statute, please note the following information about thc Purchaser: 321 ! lenderson Receivables Limited Partnership 40 Morri.q Avenue Bryn Mawr, PA 19010 Tax ID #88-0510841 PLEASE NOTE: No payments under this annuity shoukl be held until the courls have entered a formal Order and wc have tbrwarded this Order to you. Very Iruly yours, 321 Henderson Kcccivables l.imited Parmcrship \, By: ~~r Vice 2920 N. GREEN [~OO-' 45~ '9368 Parkway -B~lildJng 3- Suite 321' Henderson, NV 89014 (~'15) 587,7~a5 * ~-mail: j~w~j~.w£undinq~corn - WWw. j gwfunding, corn IN RE: RYAN J. ZIRKLE · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PA 'NO. C~J-0S-0~,~ ' ORPHANS' COURT DIVISION RULE AND NOW, this ~day of tqm, ~ 5. ~ ,2003, upon consideration of Petition to Transfer Structured Settlement, a Rule is hereby issued on Erie Family Life Insurance Company, Erie Insurance Company, and 321 Henderson Receivables, LP to show cause why said Petition should not be granted. RULE RETURNABLE BY THE COURT: I I ATTORNEYS AT LAW (BOO N. SECOND ST. PENTHOUSE SUITE P.O. Box 984 HARIRISBURG, PENNSYLVANIA 17108 II II IN RE: Ryan J. Zirkle IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2003-0630 RULE WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why said Petition should not be granted. RULE RETURNABLE 10 days from service. Wimess my hand an official seal of office at Carlisle, Pennsylvania, this 13th day of August, 2003. Clerk, Orphans Court Division Cumberland County, Carlisle, PA My Commission Expires on the 1st Monday January, 2006 IN RE: RYAN J. ZIRKLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 21-2003-0630 : : ORPHANS' COURT DIVISION ORDER AND NOW, this ~ day of ~ ~| 2003 the Court having considered the Petition of Ryan J. Zirkle for the transfer of structured settlement payment rights pursuant to Act 200-1 (40 P.S. 4001, et seq.), and further having considered the Motion to Make Rule Absolute filed by Ryan J. Zirkle on September 2, 2003, and the interested parties to this action as defined by 40 P.S. 4002 are as follows: 1. The Payee: Annuity Policy Owner Annuity Policy Issuer 4. Transferee: Ryan J. Zirkle 208 9th St., Apt. 1 New Cumberland, PA 17070 Erie Ins. Co. a/k/a Erie Insurance Exchange 100 Erie Insurance Place Erie, PA 16530 Erie Family Life Ins. Co. 100 Erie Insurance Place Erie, PA 16530 321 Henderson Receivables 40 Morris Ave. Bryn Mawr, PA 19010 The Court, upon such Petition, hereby makes the following findings: 1. None of the responding parties lis~ed able, "Annuity Policy Owner, Annuity Policy Issuer, and Transferee", responded to said Rule in a timely fashion; 2. Erie Insurance Company, a/k/a Erie Insurance Exchange, and Erie Family Life Insurance Company, through counsel, has stated that they neither join in nor oppose said Petition; 3. The Rule of August 13, 2003 is therefore made ABSOLUTE; 4. The transfer sought to be approved complies with the requirements of the Structured Settlement Protection Act, 40 P.S. 4000, et seq. and will not contravene any other applicable law; 5. Not less than ten (10) days prior to the date on which Petitioner first incurred any obligation with respect to the transferee, 321 Henderson Receivables has provided to Ryan J. Zirkle a Disclosure Statement as required by Pennsylvania Statute 40 P.S. 4003(a) (2); 6. The transfer does not contravene any Federal or State statute or the Order of any court or responsible administrative authority; 7. The best interest of Ryan J. Zirkle, taking into account the welfare and support of Ryan J. Zirkle's dependents, renders the transfer appropriate (Mr. Zirkle has no dependents); 8. 321 Henderson Receivables has served written notice, including its name, address, and tax identification number, to the structured settlement obligor and has served written notice as required by Pennsylvania Statute 40 P.S. 4004 upon all interested parties, none of whom have objected to the transfer. Based on the foregoing findings, it is hereby ORDERED that the transfer of structured settlement payment rights, as described in the Purchase Agreement filed with the application in this matter, is hereby APPROVED, and no party to this proceeding shall hereafter refuse to honor this approved transfer. Erie Family Life Insurance Company is hereby AUTHORIZED to remit the assigned payments of $20,000.00 on July 27, 2007 and $46,920.00 on July 27, 2012 to the following address: 321 Henderson Receivables Limited Partnership P. O. Box 7780-4244 Philadelphia, PA 19182-4244 This Order is entered without prejudice to Erie Family Life Insurance Company, and the Court makes no finding regarding the enforceability of any nonassignment provision(s) contained in the original settlement agreement or related documents. This Order in no way modifies or negates the ownership or control of the underlying contract with Erie Insurance Company. BY THE COURT: IN RE: RYAN J. ZIRKLE : IN THE COURT OF COMMON PLEAS : ORPHANS' COURT DIVISION : CUMBERLAND COUNTY, PA : : NO. 21-2003-0630 MOTION TO MAKE RULE ABSOLUTE AND NOW COMES Ryan J. Zirkle, by and through his attorneys, Friedman and King, P.C., and motions this Honorable Court to make the Rule of August 13, 2003 absolute and to issue the Order requested by said Ryan J. Zirkle, who respectfully represents as follows: 1. Moving party, Ryan J. Zirkle, by and through his attorneys, filed a Petition to Transfer Structured Settlement, docketed to the above term and number, on August 1, 2003. 2. On August 13, 2003, this Honorable Court issued a Rule to Show Cause why said Petition should not be granted, said Rule being issued on Erie Family Life Insurance Company, Erie Insurance Company, and 321 Henderson Receivables, L.P. 3. Said Rule was returnable ten days after service. 4. Service was effectuated upon Erie Family Life Insurance Company, Erie Insurance Company, and 321 Receivables, L.P. by UPS Overnight delivery on August 19, 2003. A signed, sworn Certificate of Service attesting to service on August 19, 2003 is attached hereto and marked Exhibit A. 5. Erie Insurance Company (also referred to as Erie Insurance Exchange) and Erie Family Life Insurance Company retained separate and independent counsel, to wit, Veronica W. Saltz, Esquire. 6. By letter to Richard S. Friedman, Esquire, dated August 26, 2003, Ms. Saltz advised that Erie Insurance Exchange and Erie Family Life Insurance Company "neither join in the Petition, nor oppose the Petition". A copy of said letter is attached and marked Exhibit B. 7. Ten days from service have elapsed without a responsive pleading to the Rule to Show Cause. WHEREFORE, moving party, Ryan J. Zirkle, requests this Honorable Court make the Rule of August 13, 2003 absolute and issue the requested Order allowing for transfer of the structured settlement. Respectfully s/bmitted, FRIEDMAN &~.~:C. Richard S.~iedman, Esquire 600 N. Seco Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 (717) 236-8000 EXHIBIT A IN RE: RYAN J. ZIRKLE : IN THE COURT OF COMMON PLEAS : ORPHANS' COURT DIVISION : CUMBERLAND COUNTY, PA : : NO. 21-2003-0630 CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on August 18, 2003, I served a copy of the Rule of August 13, 2003, on the following parties by depositing same in UPS Overnight delivery for delivery on August 19, 2003, charges prepaid: 321 Henderson Receivables P.O. Box 7780-4244 Philadelphia, PA 19182-4244 Erie Family Life Insurance Company ATTN: Legal Dept./Structured Settlements 100 Erie Insurance Place Erie, PA 16530 Erie Life Insurance Company ATTN: Legal Dept./Structured Settlements 100 Erie Insurance Place Erie, PA 16530 Respect ful l¥/~ubmitted, Penthous~ Suite P.O. Box 984 Harrisburg, PA 17108 (717) 236-8000 KA.mf.pleadings\zirk.cos EXHIBIT B ALTZ HOLLAENDER P.C. ATTORNEYS AT LAW / PROCTORS IN ADMIRALTY 993 OLD EAGLE SCHOOL ROAD SUITE 412 WAYNE, PA 19087 PHONE: (610) 964-3333 FAX: (610) 964-3334 E-MAIL: vsaltz@shpclawfirm.com WEBSITE: www.shpclawfirm.com Philadelphia, PA * Cherry Hill, NJ Affiliated Office: Wilmington, DE August 26. 2003 Via Facsimile and Regular Mail Richard S. Friedman, Esquire Friedman & King, P.C. 600 N. Second Street, 5th Floor P.O. Box 984 Harrisburg, PA 17108 Re: In Re: Ryan J. Zirkle CCP~ Cumberland County, No.: 21-2003-0630 Dear Mr. Friedman: In accordance with our telephone conversation today, I represent Erie Insurance Exchange and Erie Family Life Insurance Company in connection with the above- captioned matter. The purpose of this letter is to advise you that Erie Insurance Exchange and Erie Family Life Insurance Company neither joins in the Petition nor opposes the Petition for transfer of structured settlement rights pursuant to 40 P.S.{} 4001 et seq. In the event the Court is inclined to grant the Order for transfer of structured settlement in this matter, we would appreciate receiving a copy of the signed Order along with instructions as to whom the structured settlement payments should be made payable, the address where said payments are to be sent and 321 Henderson federal tax identification number. Your cooperation in this regard is yours, VWS/aml W. Saltz FiRIEDIvtAN (~c KING. P.C. ATTORNEYS AT LAW 00o N. SECOND ST. PENTHOUSE SUITE P.O. Box 984 HARRISBURG. PENNSYLVANIA 1710/=/