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HomeMy WebLinkAbout12-4451.1 MARO & MARO, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 1, ?-I.. r1 - y. r 1 Ct?t;SF?I.A ID COUNTY pERhSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: RE: Joint Petition of Peachtree Settlement Funding, LLC and Curtis Hippensteel JOINT PETITION FOR PARTIAL TRANSFER OF STRUCTURED SETTLEMENT PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEO. 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, Curtis Hippensteel, 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, 2"d Floor, Boynton Beach, FL 33426. 2. Joint Petitioner is, Curtis Hippensteel ("Payee"), an adult individual who resides in the County of Cumberland, 425 Croghan Drive, Carlisle, PA 17013-1713. 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. 041*1 /, says 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 "I"; 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, Curtis Hippensteel, is the beneficiary of an annuity owned by American General Assignment Corporation and issued by Western National Life Insurance Company. The structured settlement provides payment to the petitioner as described on Attachment/Exhibit "2". 6. Joint Petitioner, Curtis Hippensteel, 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, Curtis Hippensteel, 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) 25 monthly payments of $500.00 each, beginning on September 2, 2012 and ending on September 2, 2014 B) 1 payment of $2,250.00 on October 2, 2016 C) 1 payment of $14,200.00 on October 2, 2021 D)1 payment of $18,000.00 on October 2, 2026. 8. The structured settlement is currently owned by American General Assignment Corporation and issued by Western National Life Insurance Company, and the net amount in return payable to Curtis Hippensteel is $18,000.00 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 $18,000.00. 10. Based on the net amount that the payee will receive from this transaction $18,000.00 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 15.29% per year. 11. The Buyer furnished Curtis Hippensteel 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 Curtis Hippensteel 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 currently married and has two (2) minor children. Joint Petitioner is employed. Joint Petitioner is transferring a partial amount of the structured settlement. The purpose of this transfer is to assist Petitioner and family with coming current with their past due mortgage; and resulting therefrom, a refinance of the current mortgage to a more affordable rate of interest and monthly payment. Lastly, Petitioner's wife will be finishing her internship in order to obtain her degree and the time for the internship is July through December 2012. While wife completes her internship, money will used and is needed for the care of the children. Petitioner and family have thought about this decision thoroughly and believes that this is in their best interest to proceed with this transaction. 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 family. 15. In accordance with Cumberland County Local Rule 208.3(a)(2), Three (3) other similar petitions have been filed and heard regarding this structured settlement. Under docket Number 2012-4449, Judge M.L. Ebert, Jr. approved a similar transfer and under dockets 2009-7555 and 2009-3223, Judge Wesley J. Oler, Jr. approved two (2) similar transfers. 16. This is a Joint Petition and notice of the petition has been sent to all interested parties in accordance with the applicable rules of civil procedure. As of date, no objection has been filed or received by joint Petitioners. 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. S By: A.- Maro, Esquire ;v for Transferee VERIFICATION I, Lori Borowski, Vice President of Settlement Funding, LLC, have read the foregoing Petition to Joint Petition to Transfer Structured Settlement Payment Rights an 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. bee 1 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 to unsworn falsification of authorities. 6 Date X'6`bdrX Maro, Esquire 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 Curtis Hippensteel 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: Western National Life Insurance Company Peachtree Settlement Fundim LLC Attn. Legal Dept./structured Settlements 3301 quantum Boulevard, 2° Floor 205 E. 10th Avenue Boynton Beach, FL 33426 Amarillo, TX 79101 Attn: Legal Dept/structured settlement American General Assignment Corporation Curtis Hippensteel Attn. Legal Dept/structured Settlements 205 East 10`x' Avenue Amarillo, TX 79101 Date: 7 d / -/), By: rt A. Maro, Esquire Attorney for 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 Curtis Hippensteel Entry of Appearance TO THE PROTHONOTARY/CLERK OF SAID COURT Enter my appearance on behalf of. Peachtree Settlement Funding, LLC. Papers may be served at the address set forth below. Respectfully Submitted: Maro & MwO, P By: Bert A. Maro, Esquire ttorney I.D. No 89585 Maro & Maro, P.C. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600(office) (610) 275-9666(Fax) ATTACHMENVEXHIBIT "1" Payee's Affidavit in Support of Petition to Transfer Structured Settlement Rights I, Curtis Lee I lippensteel, the payee, verify that the statements below are true and correct: Payee's name, address and age: Curtis Lee Hippensteel, 425 Croghan Dr., Carlisle, PA, 17013, 25 years old 1. Marital Status: _ _ _ Never Married; X Married; _Separated;__.._ _ __Divorced If married or separated, name of spouse: Dana Marie l lippensteel 2 Minor Children and other dependents: Caleb Lee Hippensteel 6 years Resides with me Caiden Mark Hippensteel 2 months Resides with me 3. Income: Payee's tnonthly income and sources: I am working as an inventory control specialist at Cumberland Truck Equipment earning $18,000 annually. 4. Child support, alimony or alimony pendente lite: Obligation to pay: _ Yes -X- No [f yes, state the amount of the obligation, to whom payable, and whether there are arrearages: none 5. Previous transfers: See Exhibit "A" 6. Reasons for transfer: I plan to use $10,000 to catch up on my mortgage. I am currently behind. I then plan to use $3,500 to refinance my home to have a more affordable monthly payment. The remaining $4,500 will be used to put towards care for my children while my wife is interning in order to finish up her degree which lasts from July until December. 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 No Debt 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 unsworn falsification to authorities. DATED: ?t urtis l.,ce Mppensteel 4 PRIOR APPROVALS Purchase Date Pavmcnts Purchased Court Order, Pre- Court Order or Act or Wrap Purchase Agreement & Exhibit .A Attached 6/30/2009 $38,594.26 CO Y_ 12/24/2009 $29,708.00 CO Y ... 10/7/2010 $20,630.66 CO Y DENIALS Denial Date Payments Purchased 4 N/a 1 W THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PY?ITfTON OF SETTLL7MEW FUNDING, LLC d/o/a PEACHTREE SETTLEMENT No. 09-3223 Civil T=w FUNDING TO TRANSFER STRUCTUREI) SETTLEMENT PAYMF,NT RIGHTS (PAYER, CURTIS L. J31PPENSTEEL) MAL 130")8RGp' COIMT. AND NOW, this 26th day of Junc,.2009, after hearing, it is ordered that the Petition to 'Imear Straoturod Settlement Payment Rights of Curtis Lee Hippensteel aWa Curtis L Hippa steel We Cutts Lee Davis a/ic/a Curtis Davis ("Mr. Hippensuxtt') is granted as described The Court q=Wcally fords that: 1: The transfer of structured settlement payment rights by the payee, Mr. mrppensteel, to the transferee, Settlement Funding, l:.I.C ("Settlement Funding") (the "Proposed Transfe % as desonbed in the Petition, complies with the requirements of 40 PA. CoNs. ANN. STAT. 4001, et seq., does not contraveno any federal or state stetuto or regulation or any applicable law limitiM the tzaushr of workers' compensation claims, as required by 40 PA. Corns. ANN. STAT. § 4003(a)(1), or the order of any court or responsible administr,3tive-aathority; 2. Not less than ten (10) days prior to the date on which Mr. Mppanstoal first incurred any 611*on with respect to the transf, Settlement Funding providad to W. Hippenftel a disclosure statement satisfying the requirements of 40 PA. CONS. ANN. STAT. § 4003(a)(2); 2001200'd 60:60 (1dA)600?-92-NAr . t 3. Mr. Hippensteel has established that the transfer is in his best interesta or the best 4 terests of his dependents taking into account the welfare and support of his dependents, if any, as required by 40 Pn. CONS. ANN. STAT. § 4003(a)(3); 4. W. gippensteel has rccoived, or waived in writing his right to receive. independent legal advice regarding the implications of the transfer, including consideration of tax ramifications of the transfer, as required by 40 PA. CONS. ANN. STAT. § 4003(x)(4); $, If the transfer would contravene the terms of the structured settlement agreement, the apress written approvals have been or will be properly obtained and Sled, as set forth it 40 PA. CONS. ANN. STAT. § 4003(axS); and• 6. Mr. Hippcnsteel has given written notice of the transferee's name, address and taxpayer identification number to the annuity issuer, Westem National We Insutntuce Company IWa AIG Annuity Insurance Company, sascesear t0 American General Annuity Iusutaace Cmnpany Elkin Western National Life Insurance Company ("WNI,'?, and the structured settlemeit obligor, American General Assignment Corporation, successor to Conseco Annuity testae Company ("AGAC"), and has filed a copy of such notice with the court, as required by 40 PA. CONS. Am. STAT_ § 4003(ax6). 7. Mr. liippensteel shall receive from SeWamont Funding the gross amount of 838,594.26. 8. Mr. Hippmeteel represents and warrants that be has all right, title, and interest in and to the Factored. Payments (defined below), that said payments were not previounsly transferred, assigned, sold, encumbered. or otherwise alienated, and that he is not aware of any claim or potential claim against, or interest of any third-party" said payanrents or payment rig its other than w expressly set forth herein. 100/E00'd 60:60 (IdJ)60g2-92-Nnr Now, bored on t}te foregoing findings, it is bereby: ORDERED that the Petition is GRANTED and APPROVED as follows: Pursuant to 40 PA. Corps. ANN. STAT. §§ 4001 - 4009 et seq., the assignment by Nit Hippenmeel to settlement Funding of all of his right, title. and interest in and to certain payments is hereby APPROVED. It is Autber, ORDERED that WNL is hereby directed on the dates set forth below to deliver and melee payable to Settlement Funding, LLC, *=tWa payments duo under policy no. 404,599 (the "Annuity', as follows: one lump suss payment of $43,150.00 due on October 2,.2011; and one lump sum payment of $43,150.00 due on Octvbenr 2, 2016 (tire "Factored Payments"). It is farther, ORDERED that the Factored Payments, together with rho remaining non- faotared portion of the lump sum payments due under the Annuity on October 2, 2011 and October 2, 2016 (the "Factored Pario&J, shall be delivered to Settlement Funding, LZC at the following address: Settlement Fending, LLC P.O. Box 116476 Atlwjts4 Georgia 30354476 (the "Designated Address"). It is finther, ORDEW that Settlement Funding shall issue to 1& Hippenstool the non- factored portion of each payment due under the Aamtity during the Factored Period (the "Servicing ,Asrangernwet . It is fiutdwr, ORDTRM that Sottieanent Funding, its aiI'iliatm and successors in interest, shall defend, indemnify, and bold harmless WNL and AGAC, and their respective directom shareholders, officers, agents, employers, servants, successors, and assigns, and any parent, 100/900 d 0l 60 rlad}600 -92-Nflf subsidiiaq, or all•lliwA thereof, mid tbeir.directms, shareholders, officers, agents, aMployees, servants, successors, and assigns, pest and present, from and against any and all liability, including but not litrtitud, to costs and reasonable attorneys' fees, for any and all claims trade in connection with, related to, or arising out of the Pefitiem, the Factored Payments, the Servicing Arrengen wat, or the compliance of WNL and/or AGAC with this Order, except with respect to claims by Settlement Funding against WNL and/or AGAC to enforce the oblfgations of WNL and/or AGAC to Settlement Funding under this Order. It is furrier, ORDEM that Settlement Foading,'its affiliates and successors in interest, will indemnify WNL and AGAC (and all of their affiliates, parents and subsidiaries, and their eve directors, officers and employees) from any adverse tax consequences incurred under the Intemal Revenue Code arising fmin or related to WNL's payment to Settlement Funding of the Factored Payments, together with the remaining non-factored portion of each payment due under the Annuity during the Factored Period it is further, ORDERED that neither the fact of tbo entry of this Order, nor any team or action taken bereundexr, shall be admissible at any time in any action or proceeding for any purpose, except if required in connection with the enforcement of any individual's or entity's rights hereunder. It is further, ORDERED that Settlement Funding is authorized by -this Order to make subsequent assignments or Mwfers of the Factored Payments, except that Mw dtcw of any such stiboequent assignment or tea aerr, the Factored Payments will be serviced by Se Wement funding. In other words, thr,1:aotored -.l'oyaaouts, together with the remaining non-factored portion of each payment due under the Annuity during the Factorod Period, will be sent from WNL to Settlement Funding at the Designated Address only, regardless of any subsequent Z00/SO.0 'd 01:60 (Iad 60 2-92-Nlif w transfer or assignment of the Factored Payments. However, if for reasons beyond the control of . Settlement Funding, or due to Settlement Funding being merged with or acquired by another individual or entity, or for traditional address change purposes (fie., if Atlanta, Georgia is no longer a viable address for Settlement Funding to receive payments) the Designated Address is no longer valid, WNL will send the Factored Payments, together with the remaining non- factored portion of each payment due under the Annuity during the Factored period, to a now address. It is further, ORDEMED that WNL and AGAC am hereby discharged from all liability for the Factored payments, together with the remaining non-factored portion of each payment due under the Annuity during the Factored Period, as to all individuals and entities except Settlement funding, This order is entered without prejudice to the rights WNL and AGAC, and the Court makes no finding regarding the enforceability of any anti-assigantent provisions contained in the underlying structured settlement agreemant, the Antralty, or related documents. This Order in no way modifies or negates the ownership or control over the Annuity by WNL and AGAC. It is further, ORDERED that the death of IVIr. HipgenstecI, prior to the due date of the last Factored Payment, shall not affect -the transfer of the Factored Payments, together with the remaining non•facbmed portion of each payment due under the Annuity during the Factored Period, from Mr. Hippensteel to Settlement Funding and Mr. Hippensteel bas given up his rights, and the rights of his heirs, assigns, successors, andlor executors, to the Factored Payments. TRUE COPY FROM RECORD In Testimony whereof, l hers unto set my hand and the sea, of aid court at Carlisle, Pa. G This ». day of.. ±r 4 ., .d....._.....--•-•-` r Proth notary L00/900 d BY M COMT: 0160 (Iad)600 2-02-Nnr IN THE COURT OF COMMON PLEAS OF CUMDEi2LAND COUNTY, PENNSYLVANIA IN IZI?; Pl?.TITION OF SETTLEMENT 1'IJNiaTNG, LLC d/bl;t PEAC:HT.REE SETTLEMENT FUNDING TO TRANSFER S' KIJCTURF -D SETTLEMENT PAYMi.;NT RIGHTS (PAYED:, CURTIS L. HIP1'ENSTE E;L) c7 No. 09-7..555 Civil Tcrm n'ME c: i a FYl?i UM-RA I : -Qui i N w o, AND NOW, this, 21st day of December, 2009, after hearing, it is ordered that the Petition to Transfor Structured Settlement Pnyment Rights of Curtis Lee'l-lippensteel a/k/a Curtis L. Hippensteel uAda Cutis Luc Davis a/Ida Curtis Davis C'Mr. Hippensteel") is granted as described herein. The Court specifically finds that: f. The transfer of structured settlement payment rights by the payee, Mr. Hippensteel, to the transferee, Settlement Funding, LLC ("Settlement Funding") (the "Proposed Transfer"), its described in the Petition, complies with the requirements of 40 PA. CONS. AN?v. STAT. §§ 4001, el seq., does not contravene any federal or state statute or rcgulation or any applicable law limiting tho transfer of workers' compensation claims, as required by 40 PA. CONS. ANN. STAT. §4003(a)(1), or the order of any court or responsible: administrative authority, 2. Not less than ten (10) days prior to the date on which Mr. Hippenstcel First incurrtod any obligation with respect to the transfer, Settlement funding provided to Mr. Hippunsteul a disclosure; statement satisfying the requirements Of '10 PA. Canis. ANN. STAT. P 001/007 i I i 4003(x)(2); DEC 21 2009(ION) 11:3) P.IJuelout 3. Mr. NippensWel has established that the transfer is in his best interests and the best interests of his dependents taking into account the welfare and support of his dependents, if any, as required by 40 PA. C Ns. ANN. STAT. § 4003(a)(3); d. Mr. Hippensteel has received, or waived in writing his right to receive, independent legal advice regarding the implications of the transfer, including consideration of tax ramifications of the transfer, as required by 40 PA. CONS. ANN. STAT. § 4003(x)(4); 5. if the transfer would contravene the terms of the structured settlement, the express written approvals have been or will be properly obtained and filed, as set forth. in. 40 PA. (',()NS. ANN. STAT. § 4003(a)(5); and 6. Mr. I-lippensteel has given written notice of the transferee's name, address and taxpayer identiFcation number to the annuity issuer, Western National Life Insurance Company fAk/a AIG Annuity Insurance Company, successor to American General Annuity Insurance Company flk/a Western National Life Insurance Company ("WN1."), and the structured settlement obligor, American General Assignment Corporation, successor to Conseco Annuity Guarantee Company ("AGAC"), and has filed a copy of such notice with the court, as required by 40 PA. CoNS..ANN, S ;°A'r. § 4003(x)(6). 1. Mr. Hippensteel shall receive from Settlement funding the gross an7ount of $29.708.00. $. Mr. Hippensteel represents and warrants that he has all right, title, and interest in and to the Factored Payments (defined below), that said payments were not previously transferred, assigned, sold, encumbered, or otherwise alionatcd, and that he is not aware of any claim or potential claim against, err interest of any t drd-party in, said payrncnis or payment rights other than as expressly set forth herein. DEC -'i--2G09(NON) 11 19 iii>w, based on the foregr>ing findings, it is hereby: ORDERED that the PeLition is GRANT813 and APPROVED as follows: Pui-sunnt to 40 PA. CONS. ANN. STAT. §§ 4001 - 4009 e1 seq., the assignment by Mr. HippensLeel to Settlement Banding of all of his right, title, and inLorest to and to certain payments is hereby APPROVED. It is further. ORDERED thut WNL is hereby directed on the dates set forth below to deliver and make payahle to Settlement Funding, LLC, certain payments due under policy no. 404,599 (the "Annuity"), as follows: one lump sum payment of $2x,000.110 clue on October 2, 201.1; one lump sum payment of $35,0001)(1 due on October 2, 2016; and one lump sum payment of 548,150.00 due on October 2, 2021 (the "Factored Payments").' It is further, ORDJrRED that the FaelorA'Payments, together with the remaining non- factored portion of the lump sum payments due under the Annuity on October 2, 2011, October 2, 2016, and October 2, 2021 (the "Factored Period"), shall be cicilvercd to Settlement Funding, LLC at the following address: Settlement Funding, LLC P.O. Box 116476 Atlanta, Gcorgin 30368-6476 (the "Designated Address"). It is further, ORDERED that Settlement Funding shall issue to Mr. flippenstecl the non. factored portion of each payment due under the Annuity Burin( the Factored Period (the "Servicing .Arrangement:"). 'Tic Propatcd Trann,fer contcmplatms the transfer of one lump sum payment or$25,0011.00 due on October 2, 2011; one lump sum payment of $35,000.00 due on October 2, 2016; and one lump surn payment of $49,15U.00 duo an October 2. M21. Hnwever. at a result orn nrlsir transfer by Mr. J-lianensteel ra Sertlemtnt Funding. %Ylkit trnnsler was approved by (his Conr( in tai Order dated .tune 26, 2009, Settlement Funding is entitled to receive an additional P 1-1031007 DEC- 21-200901CIN) 11 39 it is further, ORDERED that Settlement i--unding, its affiliates and successors in interest, shall dcllend, indemnify, and hold harmless WNL and AGAC.', and ti,icir respective directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, suhsidiarv, or affiliate thereof, and their directors, shareholder,, officers, agents, employers, servants, successors, and assigns, past and present, from and against any and all liability. including but not limited to costs and reasOnttble dttOrTICy$' flies, for any and all claims made in connection with, related to, or arising out of the Petition, the Factored Payments, the Servicing Arrangement, or the compliance of WNL and/or AGAC with this Order, except with respect to claim:; by Settlement Funding against WNI., and/or AGAC to enforce the obligations of WNL and/or ACAC to Settlement Funding under this Order. It is further, ORDERED that Settlement Funding, its affiliates and successors in interest, will indemnify WNL and AGAC (and all of their aMliates, parents and subsidiaries, and their respective directors, officers and employees) from any adverse tax consequences incurred under the Internal Revenue Code arising from or related to WNI.,'s payment to Settlcmcnt Funding of the Factored Payments, together with the remaining non-factored portion of each payrnent due under the Annuity during the Factored .Period. It is further, ORDEIIED that neither the fact of the entry of this Order, nor any term or action taken hereunder. shall be admissiolu at any time in any action or proceeding for any purpose, except if required in connection with the enforcement of any individual's or entity's rights hereunder. It is further. ORDERED than Settlement Funding is aiuthorized by this Order to make subsequent assigninertis o,- tt°,msfe.*rs of the Factored Payments, except that regardless of my such P 004/007 ........ Iump Burn payment of $43,150,00 due on October 2. 201 1: and an additional lump sum puymunt of $43.150.00 (lie on October 2, 2016. DEC-21-2009(MON) 11 39 F' 005/00i subsequent assignment or transfer, the Factored Payments will be sctwiC(A by 4uttletncnt f=unding,. In other- words, the Factored Payments, together with the remaining non-tiac:wrcd portion of each payment due under the Annuity during the Factored Period, will be sent from WNL to Settlement Funding at the Designated Address only, regardless of any substxluent transfer or assignment of the Factored Payments. However, if for reasons beyond the control of Settlement Funding, or due to Settlement I unding being merged with or acquired by another individual or entity, or for traditional address change purposes (I.e., if Atlanta, Georgia is no longer a viable address for Settlement Funding to receive payments) the Designated Address is no longer valid, WNL, will send the Factored Payments, together with the remaining non- factored portion or each payment due under the Annuity during the Factored Period, to a new address. It is further, QRDEIIED that WNI., and ACAC are hereby diseharGerl from all liability for the Factored Payments, together with the rurnaining non-factored portion of each payment duc under the Annuity during the Factored Period, as to all individuals and cntitics except Settlement Funding. This order is entered without prej Lidice to the rights WNL and ACAC, and the Court makes no finding regarding the enforceability of any anti-assignment provisions conutined in the underlying sta'uctured settlement agreerncmnt, the Annuity, or related documents. This Order in no way modifies or negates the ownership or control over the Annuity by NVNi„ and AGAC. It is funt:her. ORDERED that this Ordershall be rend in conjunction with all prior order(s) of this or any coder Court. trarnsferrir;g payments from Fir. Hippensteel Lo Settlement Funding and the payments Lransferred herein shrill be in addition to payments Lr:ansfarred pursuant to any wch prior orciur(s). DEC-21-2009(MON) Il 40 It is further, ORDERED shut the death of lvir. Flippc:nsteel, prior to the due date of the last Factored Payment, shall not affect the transfer of the Factored Payrncnts, togetlior with the remaining non-factored portion of each ptayment duc under the Annuity during, the 1':tetnred Period, from Mr. Hippensteel to Settiement.Funding and Mr. I lippensteel has given up his rights, and the rights of his heirs, assigns, successors, and/or executors, to the Factored Payments. P. 006/00 ( TRUE COPY FRC'AA RECOK. In Testimony whsreof, 1 hore unto set my hand and the seal o said Court at Carlisle, Pa. This ....!.:... day of...e??..h ,?, d9 prothonotary 13Y THE COURT: SEP-30-2010(THU) 13:02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Transfer of Structured a Settlement Payment Rights,to -?a 4 Settlement funding, LLCm m -? w CIVIL ACTION I_zc v J NO. 10-4449 c ?2 .......................... .................................................................... -K ..".. . ...................................................................................................... FINAL ORDER OF 000RT AND NOW, this 30th day or September, 2010, after hearing, it is ordered that Amended Joint Petition to Transfer Structured Settlement Payment Rights is granted described herein. The Court specifically finds that: P', 002/005 1.- Curtis L. Hippensteel a/k/a Curtis i•11ppen.*el aWa Curtis Lee Da (hereinafter, "Payee") has established that the transffcr is in his best interests a the best interests of his dependents, taking into account the welram. and supp ofhis dependents, if any. 2. The transfer will not contravene any applicable federal or state statute regulation, or the order of any court or responsible administrative authority. 3. 17hc transfer complies with the remaining requirements of the Structur Settlement Protection Act (P.S. § 400 et seq. or the "Pennsylvania Act including Sections "3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6) and this Order is "Qualified Order" pursuant to 26 U.S.C. § 5891, et sey. 4.. The payments that are to be transferred (the "Assigned Paymei nte) a designated as follows: One (1) hump sum payment of $I.!>t,080.00 pays?ble c October 2, 2011; One. (1) lump "sum payment of $35,750.00 payalile c October-2, 2016; and One (1) lump sum payment of 550,580.00 payab)c c October 2, 2021. 5. The terms of this Order shall survive the death of the Payee and shrill be on the Payee's heirs, beneficiaries and assigns; 6. The Payee shall receive from the Transferee, Settlement 14undirig, LLC, gross amount of $20,630.66. SEP-30-2010(THU) Hi R P.003/005 hereby Now, based upon the foregoing finding,, it is hereby: ORDERED that the transfer of the Assig,ncd Payments is approved; and it is ORDERED that the Annuity Issuer, Western National Lilt Insurance Company V, AIG Annuity Insurance Company, successor to American General Annuity Insurat Company Mda Western National Life Insurance Company ("WNL") and the Annuity Own American General Assignment Corporation {"AGAC"), shall send the Assigned Payments Settlement Funding,'LLC at P.O. Box 116476, Atlanta, Ceorgia, 30368-6476. It is !'aril hereby ORDERED that the Assigned Payments that are being transLurcd and assigned Settlement runding, LLC ("Settlement Funding") by way of this Final Order constitute only portion of the periodic payments due and owing from October 2, 2011 through and ineludir October 2, 2021 (the "Term"). AGAC and/or WNL are not required to divide or split tl payments due and owing during the Term (the 'I'crm Payments"). Therefore, Settleme Funding, LLC, Seneca One, T.T,C (the Previous Trans'feree), and the Payee have agreed to, ac the Coto hereby approves, a payment servicing arrangement relative to said payments. IT IS THEREFORE ORDERED that AGAC and/or WNL shall pay and remit Settlement Punding, LLC and Settlement Funding, LLC shall receive from .IACrAC and/ WNL, 1,00% of onoh structured 'settlerrnent/annuity }payment due and owing by WNL of AGFAC during the Term. Settlement Funding, LLC shall retain the portion of each Ter Payment it receives during the Term that represents an Assigned Payment and any previous assigned payment(s) and shall promptly pay and remit to the Payee the remaining un-assigns portion of each Tenn Payment, if any. IT IS FURTHER 01WERL13 that WNL and AGAC shall discharge their obligation ti i make the Term Payments in question by paying and directing the payments to Setilcrnc Funding, LLC and by doing so WNL and AGAC shall not have any liability to the Paycc fe the Assigned Payments. This Order is entered without prejudice to the rights of WNL aan AGAC and the Court mal=es uo finding regarding the cnforceability of any anti-assignmen provisions contained in the annui ty contract,; or related documents. This Final Order in no wa modifies or negates the ownership or control over the Annuity by WNL and/or AGAC. 1T IS FURTHER ORDERED that 'Settlement Fun ' ding, LLC, Seneca One, U C their respective affiliates and successors in interest, shalt defend, indemnify and hold hen WNL and AGAC and their succesqsors and assigns, parents, affiliates, and. subsidiaries, ; and against any and all liability from all claims in. connection with, related to, or is any arising out of the issuance of the Assigned Payments to Settlement Funding, LLC whether claims are brought by the Payee (including; the Payee's heirs, beneficiaries, and/or execut by any individual or entity to which Settlement Funding, LLC subsequently assigns or trap; file Assigned tayments, or any portion thereof, or by any other indrviduaal or entity. 5EP-30-2U1U(THU) 13:02 P.OO ns IT TS A)RTHER ORDERED shat this Order shall be read in conjunction with p order(s) of this or any other court transferring payments to Settlement Funding, LLC and payments transforrod heroin shall be in addition to payments transferred pumant to any s prior order(s). I3Y THE COURT: ATTACHMENT/EXHIBIT "2" 01/2912009 15:28 17.172415373 THE LAPS STORE 2078 PAGE Addendum No. 1 Description of Periodic Payments Periodic Payments: To Rranden Hippensteel, 1) the sum of $500,00 monthly beginning March 11, 2007 for 10 years, certain, 11) the lump sum payment of $146,650 payable an March 11, 2011, NI) the lump sum payment of $146,650 on March, 11, 2014, iv) the lump sum payment of 61413,650 on March 11, 2019, v) the lump sum payment of $146,650 on March 11, 2024, and vl) the lump sum payment of $146,684.90 on March 11, 2029. These payments are guaranteed; thus should he die before March 11, 2029, any remaining unpaid payments shall instead be paid, when due, to his Estate. To Curtis Davis, 1) the sum of $500.00 monthly beginning October 2, 2004 for 10 years, certain, 11) the lump sum payment of $118,1Bn on October 2, 2008, i11) the lump sum payment of $118,150 on October 2, 2011, Iv) the lump sum payment or $118,150 on October 2, 2418, v) the lump sum payment of $118,150 on October 2, 2021, and vi) the lump sum payment of $118,903.26 on October 2, 2026. These payments are guaranteed; thus should he die before Orinber 2, 2026, any remaininq unpaid payments shall instead be paid, when due, to his Estate. Initial$ AI ant.-8 1ssi?nor: ?j?N , 18 ATTACHMENT/EXHIBIT "3" Please complete and sign. Account ID: 549822 STATEMENT OF PROFESSIONAL REPRESENTATION Please Choose Either Box A OR Box B Below. After you have made your choice, the appropriate box signature line. YOU SHOULD SIGN - THE BOX YOU HAVE CHOSEN. A. I HAVE BEEN ADVISED BY PEACHTREE SETTLEMENT FUNDING, l,LC (" PTSFNV") THAT I SHOULD OBTAIN INDEPENDENT PROFESSIONAL REPRESENTATION CONCERNING THE LEGAL, TAX AND/OR FINANCIAL IMPLICATIONS OF THIS TRANSACTION. I FULLY UNDERSTAND THE PURCHA AGREEMENT AND THE IMPLICATIONS OF THE TRANSFER, INCLUDING THE T RAMIFICATIONS OF THE TRANSFER AND I DO NOT WISH TO SEEK QUT SUCH INDEy ND PROFESSIONAL REPRESENTATION. (kris ;NST Date B. I HAVE OBTAINED INDEPENDENT REPRESENTATION AND I FULLY UNDERSTA 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: CURTIS 111PPENSIT10, Date To Be Completed By Certified Professional Advisor Only if yon have signed Box B Above Name of Professional: .Attomey It) Phone Number: (_) __--------.__-- Address: I have personally met with and provided independent professional advice to in respect of the Purchase Contract with PT:SFNV and the transaction contemplatcd thcrcby. Curtis Hippenstecl was referred to me by the Professional's Signature Date SSC.ContractCAMXNE ATTACHMENTIEXHIBIT "4" peach-tree Account ID: PURCHASE CONTRACT This is a Purchase Contract ("Contract'l for the sale of structured settlement payments between Curtis Hippensteel (You, Your), with legal residence at 425 Croghan Dr, Carlisle, PA 17013-1713 and 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 sche B. Those Settlement Payments are being paid to You from an annuity policy ("Annuity Policy") purchased by the Per 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 thi Settlement Payments ("Purchased Payments'l to Us now for a lump sum. D. THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH YOU SHOULD READ CAREFULLY, 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. SALE OF THE PURCHASER effiM A. Upon the signing of this Contract and subject to certain conditions including Court Approval, You sell, transfer 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 paid all of the Purchased Payments; • having any current beneficiaries waive their rights to the Purchased Payments; and • fulfilling Your promises under this Contract. Account ID: peac?htree C. If We are buying only a portion of Your payments, this will have no effect upon Your rights in the unsold portion. 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 We will then forward the portion of the payment still due to You and You hereby agree to this payment servicing arrangement. 2. PURCHAM PRICE A. The Gross and Net Purchase Prices are shown on the Disclosure Statement and are fair and acceptable to You andIus. 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, Yapoicabie: • 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 Payment. 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 Data. If We subsequently receive those particular Purchased Payments directly, We will return the amou 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 authoirity 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 coi Us. If We then determine that any deductions or holdbacks as set forth above are not enough l:o reimburse Us, V will advise You of the amount You owe Us. You agree to Immediately send that amount to Us by bank or certified check. 3. Certain words used In this Contract have the specific meanings shown glow. Annuity Policy The policy purchased by the Obligor to ensure that the Settlement Payments are made to You as required by the Settipmpnt Anrppmpnt. Account ID: peac;htree Cuing Documents Any documents necessary to carry out the purchase of the Purchased Payments, other than the "Contract or Contract 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 number of days stated at the end of Your Disclosure Statement for waiting has passed, You will have no obligation ur 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 Encumbrance Any claim, right, lien, policy loan, or restriction. In addition, this includes any limits on rights of ownership (such as the use, 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 Oniy 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 sum We have agreed to pay You before any deductions as setforth in the Contract Documents. Account ID: peachtrec, Net Purchase Price The amount shown as the "net amount payable to the Seiler (You)" on the Disclosure Statement. This is the We have agreed to pay You aftrany 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 Closing Documents may refer to Us as the purchaser. You or Your The Person named on this Contracts first page. Some of the Contract Documents or Closing Documents may refer to You as th seller. 4. YOUR R6>REARIffA IONS AND WARRANDi S 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 Payi have the right to sell them free and dear of any Encumbrances and have not previously sold any of the Purch+ 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 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 Goring 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 Account ID: eachtire • If You filed for bankruptcy, the Purchased Payments were not subject to the claims of Your creditors. I 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, warrantt and promises are for Our benefit and the benefit of any future owners of the Purchased Payments. You understa that Our reliance on any Intentional misrepresentation by You may result in Our enforcing Our rights against You 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 Ind not under the influence of drugs or alcohol, and freely and voluntarily, enter into this Contract and agree to all o 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 Contra with You prior to Your execution of this Contract. You have also explored all appropriate financial options before enteri g 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 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 li to the fact that, after the Funding Date, You (and Your spouse) will not receive the same amount of money on th! same payment schedule as You would have received under the Annuity Policy. Your spouse has been provided w all information relating to the transaction and has had every opportunity to review the terms of the transaction and I 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 r ht to the duties You owe Us under this Contract. This Includes the right to make a claim against You for violating an of the representations, warranties, or promises You made in this Contract 5. YOUR PROMISES 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. Account ID: peach-free 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 Con 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 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. 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 confirm the accuracy of Your representations and warranties. You must cooperate with this confirmation and provi 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 You under the terms of this Contract, after receipt and approval of the posing Documents, final underwriting appr 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 i give Us full authority to act in any way proper and necessary to exercise this Attorney in Fact appointment includi but not limited to: (1) negotiating, endorsing and executing checks, drafts and other instruments in Your name; at (2) instituting, maintaining, compromising, settling and terminating any litigation or other proceedings related to ti Purchased Payments. This power of attorney is coupled with an interest and shall survive death or disability. 6. CANCELLArMN 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. Account ID: peacvhtree 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 bade by Us by August 12, 2012. I. A major rating agency downgrades the Issuer's credit rating. 1. The Issuer Is, or becomes Insolvent, or under regulatory supervision. K. With respect to A through I above, to the extent permitted by applicable law, the arbitration provision In Section this Contract shall survive the termination, cancellation or rescission of this Contract. 7. CANCELLATION BY YOU A. (1) YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION AT ANY TIN WITHIN FIVE (5) BUSINESS DAYS AFTER THE DATE YOU RECEIVE PAYMENT HEREUNDER FROM Ur ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST SEND A NOTICE POSTMARKED AT A TIME WITHIN FIVE BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HEREUNDER FROM US (This is rescission period). (2) YOUR NOTICE IS TO BE SENT EITHER BY CERTIFIED OR REGISTERED MAIL (RETURN RECEIPT REQUESTED) OR FEDEX OR ANOTHER MA70R OVERNIGHT DELIVERY SERVICE. THE NOTICE MUST INCLUDE A BANK OR CERTIFIED CHECK MADE PAYABLE TO US, IN THE FULL AMOUNT RECEIVED U 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. GIQJLS& : 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 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 I Georgia rescission period). IN ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST SIGN ENCLOSED "NOTICE OF CANCELLATION RIGHTS" FORM AND MAIL OR DELIVER IT TO US AS SPECII IN THAT NOTICE AND YOU MUST RETURN ALL AMOUNTS (PURCHASE PRICE OR OTHERWISE) RECi BY YOU ACCORDING TO THE REQUIREMENTS OF 7 (A) (2) ABOVE. C. VIM NIHORM REND : IN ORDER FOR YOUR CANCELLATION TO BE EFFECTIVE, YOUR NOTI 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 5 BE •-, GU .n • . C RESPONSIBLE PVK 1 TIC r'2LinV FEE AND wn vunnoarran. V. AD • D ?.arr• Eru. FL .....r. D. With respect to A through C above, to the extent permitted by applicable law, the arbitration In Section 10 of this Contract shall survive the termination, cancellation or rescission of this 4 Account ID: peachtree 8. NOTICES A. All notices about this Contract must be in writing. B. All notices must be sent either by: (1) certified or registered mail (return receipt requested); or (2) FedEx or an he major overnight delivery service with a delivery tracking system and are considered given when delivered as folio S. 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. 9. EVENTS OF DEFAULT 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 to enforce Our rights against You In Court to make You perform Your promises or to get money from you. If We sue you i court in connection with a Claim that is subject to arbitration under the arbitration provision in Section 10 of this Contract, You have not rejected the arbitration provision, You will have the option of remaining in court or seeking to compel arbitra 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 RDECT THIS ARBITRATION PROVISION AS SET FORTH BELOW. If You do not rej this arbitration provision and a Claim is arbitrated, You will not have the right to: (1) have a court or a jury decide the Claim; (2) engage in information gathering (discovery) to the same extent as in court; (3) partici in a class action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. right to appeal is more Nmited 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 , 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 terns specified in this arbitration provision. Special Definitions. Solely for purposes of this arbitration provision, in addition to the meanings set forth in this Contrac? (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 ab the validity, enforceability, coverage or scope of this arbitration provision or any part thereof (including, without limitation, "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 Account ID: peachtree is for the arbitrator, not a court, to decide. In addition, We will not require You to arbitrate any individual action brought You in small claims court or Your state's equivalent court, unless such action Is transferred, removed, or appealed to a dil court. Federal Arbitration Act. Notwithstanding any other provision in this Contract, You and We agree that this Contract evidences a transaction involvkhg 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 appl able under the FAA, the law of the state of Your domicile (where You regularly reside on the Contract Date) shall apply. Clsss Action Waiver. Notwitihetanding any other provision of this Controcit, If a Claim is arbitrated, neither Y u nor We wiN have the right: (a) to participate In a dose scion, p.ivafse attorney general action or other apeessntstlve action in court or in arbitration, either as a dose r rtadve or class member, or (b) to joi or ooars m N ok a Claims wkly claims of any other Persons. No arbitrator shoN have authority to coal ; ud any arbitration in violation of this provision (provided, however, that the Class Action Waiver does not apply to IawwR or administrative proceeding filed against us by a stabs or federal government agency even when h agency is welting relief on behaH of a days of borrowers Including You. This means that We wNl not have right to compel erbil rution of any ddm brought by such an agency). The Goes Action Waiver N nonseverabi ii from this arbitration provision. 9 the Class Action Waiver Is Naslitad, voided or found uner4srorlaWey than th arbitration provision (except for this sentence) shall be nuN and void with rasped to such preceedkV, 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 law!sutt, such as a notion 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 flies. Any arbitration hearing that You atteFid will take place in a venue reasonably convenient to where You reside. If a Party flies a lawsuit in court asserting Claim(s) tdh it 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 administrators rules and procedures. The arbitration will be administered by the American Arbitration Association ("AAA"), 1633 Broadway, l0a' Floor, New York, Y 10019, www.adr.org, i-BW-778-7879 or JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com, 1-800-3 2- 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 pocky 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 her administrator used, on the other hand, the provisions of this arbitration provision shah 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 th matter had been brought In court. At Your written request, we will pay all filing, hearing arid/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 changed to You by',the admini and arbitrator. We will always pay any fees or expenses that We are required to pay by law or the administrator's rules or at We are required to pay for this arbitration provision to be enforced. The arbitrator will have the authority to award attorney;' and expert witness fees and costs to the extent permitted by this Contract, the administraiur"s ruieb vi di,r,ii4 66 law. Ti -le arbitrator will always award You reasonable attorneys' and expert witness fees and costs (a) if and to the extent You prevail Claims you assert against Us in an arbitration commenced by You and (b) to the extent required under applicable law for th' arbitration provision to be enforced. The arbitrator shall write a brief explanation of the grounds for the decision. A judgme t on the award may be entered by any court having jurisdiction. Account ID: peachtre Sevarabiitly and Survival. If any part of this arbitration provision, other than the Class Action Waiver, is deemed or foubd to be unenforceable fbr 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. ERed of ArbRratlon Award. The arbitrator's award shall be final and binding on all Parties, except for any right of app provided by the FAA. However, if the amount of the Claim eaceeds $50,000 or involves a request for injunctive or declara relief that could foreseeably involve a cost or benefit to either Party exceeding $50,000, any Party can, within 30 days afte entry of the award by the arbitrator, appeal the award to a three-arbitrator parcel administered by the administrator. The I shall reconsider anew any aspect of the initial award requested by the appealing Party. The decision of the panel shall be majority vote. Reference in this arbitration provision to "the arbitrator" shall mean the panel If an appeal of the arbitrator' decision has been taken. The costs of such an appeal will be bome in accordance with the above paragraph titled "Arbita Procedures." Any final decision of the appeal panel is subject to judicial review only as provided under the FAA. Right to Rued Airliftution 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-fire (45) days of the Contract Date. Such notice mu be sent by certified or registered mail (return 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 a" 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 rej n notice, We will reimburse You for the standard cost of a certified or registered letter or overnight delivery. Rejection of thi arbitration provision will not affect any other berms 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 provislon n a timely and proper fashion. This arbltrtrtion provision will apply to You and Us unless you rejed It by providing proper and timely notice as stated herein. « 4 1 W.1 6' • 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 necr for this transaction. We can also search records for UCC filings, bankruptcy filings, judgments, liens and child 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 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 rights or duties under 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 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 of 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. v Account ID: .. ........ e ree J. 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 wun rpi 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 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), 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 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 profassbnal 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. I Acknowledged and Agreed: ?ILCCf /c? UI)tt asa ??rMrrwrww 1?MA.! iNliR? ?'? fififiinr sp?lulrtrr MI' C'IMhrNhiwiiOlR S. Ulf SELLER: if t Cu is Hip t. , SELLER'S SPOUSE (if applicable) Sruse i ;. US: Peachtree Settlement Funding, LLC Lori Borowski, Vice President Acc<mN I 54985 Jane 27 201 PENNSYLVANIA DISCLOSPRE STATEMENT We will purchase the following payments (Purchased Payments) from You: A) 25 monthly payments of $500.00 each, beginning on September 2, 2012 and en September 2, 2014 B)1 payment of $2,250.00 on October 2, 2016 C) I payment of $14,200,00 on October 2, 2021 D) 1 payment of $18,000.00 on October 2, 2026 (The remainder of the page intentionally left blank) 02011 Feuhvee Account IV: 54 22 June 2 20 2 The aggregate amount of the Purchased Payments is $46,950.00. The discounted present value of the aggregate Purchase Payments at tole federal rate of 1.20% is $42r362.18. The discounted present value is the calculation of tl value of the transferred structured settlement payments (Purchased Payments) i federal standards for valuing annuities. The gross amount payable to seller (You) is $18,000.00. The net amount payable to the seller (You) is $18,000.00. Legal fees (this is an estimate of what Xour 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 struc red settlement payments represents 42.50% of the estimated current value of the payr. enh 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 amot timing of the structured settlement payments that You are selling to Us, this is tb equivalent of interest payments to Us at a rate of 15.29% per year. PLEASE N( THAT THIS IS NOT A LOAN, BUT A SALE OF PAYMENT RIGHTS AND TI 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 of any breach of the transfer agreement by you. By signing below, You are confirming receipt of this Disclosure Statement at prior to Y op yfirst ' rring an obligation with respect to the transfer, CUI i'IS .ENS 1:EL 71 0 0 2011 Peachtree Sdtlcmclb rundiul LLC Account : 5498: June 27 20L TEXAS DISCLOSURE STATEMENT We will purchase the following payments (Purchased Payments) from You; A) 25 monthly payments of $500.00 each, beginning on September 2, 20x2 and en September 2, 2014 B) 1 payment of $2,250.00 on October 2, 2016 C)1 payment of $14,200.00 on October 2, 20210) 1 payment of $18,000.00 on October 2, 2026 (The remainder of the page intentionally left blank) D 2011 Peachtree Set tlemoet Amon t (f: 545 Tune 27 20 The aggregate amount of the Purchased Payments is $46,950-00. The discounted present value of the aggregate Purchased Payments at the federal rate of 120% is $42,362.18. The discounted present value is the calculation of the value of the transferred structured settlement payments (Purchased Payments) ul federal standards for valuing annuities. The gross amount payable to seller (You.) is $18,000.00. No other expenses are incurred by You. ne net aniount payable to the seller (You) is $18,000.00. Based on the net amount that You will receive in payment from Us and the amot timing of the structured settlement payments that You are selling to Us, this is th equivalent of interest payments to Us at a rate of 15.29% per year. PLEASE NC THAT THIS IS NOT A LOAN, BUT A SALE OF PAYMENT RIGHTS AND TI INTEREST FIGURE IS ONLY PROVIDED AS AN ILLUSTRATION OF THE ECONOMIC IMPACT OF THE SALE. Notice of Cancellation Rights: You may cancel without penalty or further obligation, not later than the fifth bi after Your receipt of payment from Us under the transfer agreement (Purchase Please be advised there are no penalties or liquidated damages payable by You in event of any breach of the transfer agreement (Purchase Contract) by You. By signing below, You are conf Ming receipt of this Disclosure Statement at prior to You "uting the transfer agreement (Purchase Contract). PEN Ii. ?... 0 2011 hach"= solloncm -2- f « IMPORTANT NOTICE You are strongly urged to consult with an attorney who can advise you of the potential tax consequences of this transaction. D G CUICTIS HIPPENSTEEL o' " I-LklY JO) NOTAII L UAL RWASA J NOUTt ft" PVNC tIMNNfi TIM.. PEAKY COUNTY My Cow lWOm Apr i, 2016 qp ATTACHMENT/EXHIBIT "5" *0 1 0% peac tree July 12, 2012 Western National Life Insurance Company 205 E. 10th Ave Amarillo, TX 79101 Attn: Legal Department/Structured Settlements American General Assignment Corporation 205 Last 10th Avenue Amarillo, TX 79101 Attn: Legal Department/Structured Settlements R.F.: Notice of Sale/Assignment of Payment Rights Your Contract #: 404,599 Payee: Curtis Hippensteel 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/h r 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 P[.EASF NOTE: No payments under this annuity should be held until the courts have entered a 1`-11,11 and we have forwarded this order- to you. Very truly yours, Peachtree Settlement Funding, LLC By: Lori dorowsKi, Vice president 3301 QUANTUM BOULEVARD, 2ND FLOOR • BOYNTON BEACH, FL. 33426 PHONE (800) 104-864.1 - FAX: (275) 567-6096 Reserved for Court Use. T ItE PP.0; T H'Jl , V cf^:: j 2312 JUL 20 AM 11: c yE CU Pl N YLVAN A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c? RE: Joint Petition of Peachtree Settlement NO Funding, LLC and Curtis Hippensteel INITIAL ORDER OF COURT On this ) ' day of , 2012, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on 000 r -? , 2012, in Courtroom -,?_ at 4'0 1) 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. J Maio -4- M 6(1-o l py tn.a .r,,d 740ba.. 9/i BY THE COURT: Maro & Mam, P.C. By: Robert A. Maro, Esquire Attorney I.D. No.: 89585 1115 W. Main Street Norristown, PA 19401 (6t0) 275-9600 Attorney for OF COMMON PLEAS OF C PENNSYLVANIA IN RE: Joint Petition of Peachtree Settlement Funding, LLC and Curtis Hippensteel CERTIFICATE (W SERVICE THE PROTHO TA 2912 JUL 21 PM 12: 21 xaM ' Y?LVA141 T NO: 2012-44$1 Civil I, Robert A. Maro, Esquire, hereby certify that a true and correct copy of the Notice of Hag was served upon the Payee, The Structured Settlement Obligor, The Annuity Issuer, the Payee's Spouse and any person receiving child support, alimony or alimony pendente lite. A copy of the Notice is attached hereto. Date: July 25, 2012 By: obert A. Main, Esquire Attorney for Peachtree Settlement Funding, LLC MARO & IRMO$ P.C. By: Robert A. Moro, Esgture Attorney I.D. No.: 89585 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUN LAND , PENNSY'LVANIIA • RE: Mint Petkien of Pe tree SefflenoW no. bid Fame LLC and Curtis Elippenobd : NOTICE OF HEARING ON PETITION TO TRANSFER STRUMMED SETTLEMENT PAYMENT RIGHTS To: Western National Life Insurance Company Attn. Legal DoWstructured Settlements 205 E. 10* Avenue Amarillo, TX 79101 Attn: Legal DgWStructured settlement American General Assignment Corporation Attn. Legal Dept/structured Settlements 205 East 10* Avenue Amarillo, TX 79101 Pie Settlement Fundiql? LLC 3301 quantum Boulevard, Floor Boynton Beach, FL 33426 Curtis Hip steel You are hereby given notice that Peachtree Settlement Funding, LLC has filed ? petition to transfer structured settlement payment rights. A hearing in this matter has been sched-on ri;J , Pe-_ .2012 at 'Y!d Po clock in courtroom no. _ courthouse, Cunnberland County Court of Common Pleas, Pennsylvania. You are entitled to support, oppose or otherwise respond to the payee's either in person or by counsel, by filing written comments with the court prior to the hearing or ?y lbehearing The Name, Address and Tax Identification number of the transferee is Pea ck SetllsrtseaZt Frog, LLC. 3301 Quantum Boulevard, tat Floor, Boynton Beach, FL, Tax I.D. No. 45- 2795843. -/6-12 Date BY: for Peachtree Settlement ending, LLC. 1115 W. Main Street Norristown, PA 19401 (610) 275-%00 (610) 275-96f16(facsimile) Resen?ed for Court Use. THE PR0TDNQtdi3T;, 2912 JUL 20 AM 11: I : CUMBERLAND CoUt,T j PENNSYLVANIA% OF VANIA r - -, . RE: Jaw Powks of Pumbb" Settlement NO: /a • t,??,/ Faaat LLC and Curtha H#ppaaestoet EWIAL ORDER OF COURT q#A on this QO day of 2012, it is end that a hearing on this Petition to Transfer Structured Settlement Payment Right; will be held em _ 0M&14/ a V , 2012, in Courtroom -2 at - ' &4 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 dated to the payee, the struchavd settlement obligor, the annuity issuer, the payee's spouse and any person receiving child support, alimony, or alimony pendente lite. The tramsferee 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: Is, * X Mke-p?,a, J. 4 tY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement NO: 2012-4451 Funding, LLC and Curtis Hippensteel , ORDER OF COURT After a hearing and review of the Joint Petition for Partial Transfer of Structured Settlement Pursuant to 40 PA. STAT. ANN. § 4001 (2000), et seq. (the "Petition"), the Court finds as follows: 1. The transfer of structured settlement payment rights by the payee, Curtis Lee Hippensteel a/k/a Curtis L. Hippensteel a/k/a Curtis Hippensteel ("Hippensteel") to the transferee, Peachtree Settlement Funding, LLC ("Peachtree"), as described in the Petition (the "Proposed Transfer"), complies with the requirements of 40 PA. STAT. ANN. § 4001 (2000), et seq. and will not contravene other applicable federal or state statutes, including TEX. Ctv. PRAC. & REM. CODE §§ 141.001 (2004), et seq., or regulations or any applicable law, as required by 40 PA. STAT. ANN. § 4003(a)(1); 2. Not less than ten (10) days prior to the date on which Hippensteel first incurred any obligation with respect to the Proposed Transfer, Peachtree provided to Hippensteel a disclosure statement satisfying the requirements of 40 PA. STAT. ANN. § 4003(a)(2); 3. Hippensteel has established that the Proposed Transfer is in his best interest or the best interest of his dependents, if any, as required by 40 PA. STAT. ANN. § 4003(a)(3); 4. Hippensteel has received, or waived in writing his right to receive, independent professional advice regarding the implications of the Proposed Transfer, including consideration of tax ramifications of the Proposed Transfer, as required by 40 PA. STAT. ANN. § 4003(a)(4); 5. If the Proposed Transfer would contravene the terms of the structured settlement agreement, the express written approvals have been properly obtained and filed, as set forth in 40 PA. STAT. ANN. § 4003(A)(5); and 6. Peachtree has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer, Western National Life Insurance Company, f/k/a AIG Annuity Insurance Company, successor to American General Annuity Insurance Company f/k/a Western National Life Insurance Company ("WNL" ), and the structured settlement obligor, American General Assignment Corporation f/k/a Conseco Annuity Guarantee ("AGAC"), and has filed a copy of such notice with the court, as required by 40 PA. STAT. ANN. § 4003(A)(6). 7. Hippensteel represents and warrants that he has all right, title, and interest in and to the Assigned Payments (defined below), that said payments were not previously transferred, assigned, sold, encumbered, or otherwise alienated, and that he is not aware of any claim or potential claim against, or interest of any third-party in, said payments or payment rights other than as expressly set forth herein. Based on the foregoing findings and being satisfied that the Proposed Transfer satisfies all applicable statutory requirements, including TEX. CIV. PRAC. & REM. CODE §§ 141.001 (2004), et seq., it is hereby, ORDERED that the Petition is GRANTED and APPROVED as follows: Pursuant to 40 PA. STAT. ANN. §§ 4001 (2000), et seq., the assignment by Hippensteel, to Peachtree, of all of his right, title, and interest in and to certain payments is hereby APPROVED. It is further, ORDERED that WNL is hereby directed, on the dates set forth therein, to deliver and make payable to Peachtree certain payments due under annuity contract No. 404,599 (the "Annuity"), as follows: 2 • 25 monthly payments of $500.00 each, commencing September 2, 2012 through and including September 2, 2014; • One (1) lump sum payment of $2,250.00 due on October 2, 2016; • One (1) lump sum payment of $14,200.00 due on October 2, 2021; and One (1) lump sum payment of $18,000.00 due on October 2, 2026 (the "Assigned Payments")'. The Assigned Payments shall be delivered to the following address (the "Designated Address"): Peachtree Settlement Funding, LLC P.O. Box 116476 Atlanta, GA 30368-6476 The Assigned Payments that are being transferred and assigned to Peachtree by way of this Order constitute only a portion of the payments due and owing from September 2, 2012 through and including October 2, 2026 (the "Term"). AGAC and/or WNL are not required to divide or split the payments due and owing during the Term. Therefore, Hippensteel and Peachtree have agreed to, and the Court hereby approves, a payment servicing arrangement relative to said payments. It is therefore ORDERED that AGAC and/or WNL shall pay and remit to Peachtree, and Peachtree shall receive from AGAC and/or WNL, 100% of each payment due and owing by WNL and AGAC during the Term that contains an Assigned Payment (the "Term Payments"). Peachtree shall retain the portion of each Term Payment it receives that constitutes an Assigned Payment, and any previously assigned payment(s). Peachtree shall promptly pay and remit to Hippensteel the remaining un-assigned portion of each Term Payment, if any. Peachtree and Hippensteel acknowledge that WNL has paid the Assigned Payment due on September 2, 2012 to Hippensteel and that, notwithstanding all other terms of this Order, WNL will not send this payment to Peachtree. Peachtree will seek this payment solely from Hippensteel. 3 It is further ORDERED that WNL and AGAC shall discharge their obligation to make the Term Payments in question by paying and directing said payments to Peachtree and by doing so WNL and AGAC shall not have any liability to Hippensteel for the Term Payments. This Order in no way modifies or negates the ownership or control over the Annuity by WNL and/or AGAC. It is further ORDERED that Peachtree, for itself and on behalf of Peachtree shall defend, indemnify, and hold harmless WNL and AGAC and their successors and assigns, parents, affiliates, and subsidiaries, from and against any and all liability from all claims in connection with, related to, or in any way arising out of the issuance of the Term Payments to Peachtree, whether such claims are brought by Hippensteel (including Hippensteel's heirs, beneficiaries, and/or executors), by any individual or entity to which Peachtree subsequently assign or transfer the Assigned Payments, or any portion thereof, or by any other individual or entity. To the extent that Peachtree neglects this indemnification and defense obligation AGAC and WNL may, in addition to all other remedies available at law, satisfy the same by withholding to their credit any remaining Assigned Payments. It is further ORDERED that neither the fact of the entry of this Order, nor any term or action taken hereunder, shall be admissible at any time in any action or proceeding for any purpose, except if required in connection with the enforcement of any party's rights hereunder. It is further ORDERED that WNL and AGAC are hereby discharged from all liability for the Term Payments, as to all parties except Peachtree, its successors and/or assigns. This Order is entered without prejudice to the rights of WNL and AGAC and the Court makes no finding regarding the enforceability of any anti-assignment provisions contained in the annuity contracts or related documents. a It is further ORDERED that the death of Hippensteel prior to the due date of the last Term Payment shall not adversely affect the transfer of the Assigned Payments from Hippensteel to Peachtree, and Hippensteel understands he is giving up his rights, and the rights of his heirs, successors and/or beneficiaries, to the Assigned Payments. It is further ORDERED that this Order shall be read in conjunction with prior order(s) of this or any other court transferring payments from the Annuity, and the payments transferred herein shall be in addition to payments transferred pursuant to any such prior order(s). This Order is a "Qualified Order" pursuant to 26 U.S.C. § 5891, et seq. It is further ORDERED that all costs of Court are hereby taxed against Peachtree. This is a final Order and is intended to dispose of all claims and relief asserted and requested in this proceeding. All other relief not expressly granted in this Order is DENIED. It is further ORDERED that Peachtree Settlement Funding, LLC shall pay to Curtis Hippensteel the net sum of $18,000.00, within ten (1# days from the date of this order from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. yh SIGNED THIS 14 DAY of October, 2012. PRE M4 o 5 G JUDGE c o r*3 c3o ©? z ,, 2 M FS fir=- <? --ip z? o C >-n C v 'l :. C ?