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Home My WebLink About12-5463 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY r. TWELFTH JUDICIAL DISTRICT •~~~ ,:.a ~., COMMONWEATH OF PENNSYLVANIA ~~'m o r~_F CIVIL DIVISION ~r- N ~~~--` ..~~ i- ~ ~ ~ -+~ ~' ~'~ as 2 -n c:~ -r~ 1N RE: PETITION OF ' ~' z . ~-.; SALLYANN DARHOWF.R No. 1 Z-5463 Civil :z:~ ~ ~ ; AND NOV.ATION CAPITAL LLC --~ ~ ~ , , . FOR APPROVAL OF TRANSFF,R UF' STKUCTURED SET"1'LEMENT ; PAYMENT RIGHTS FINAL ORDER AND NOW, this day of October, 2012, it is ordered that the. Petition fo r Transfer of Structu~ed Settlement Payment Rights is granted. The Court specifically finds that: The payee, Sallyann Darhower a/k/a Sallyann C. Darhower ("Ms. Darh~:~wer"), has established that the transfer is in the best interest of Ms. Darhower and her dependf°nts. taking into account the welfare and support of her dependents. 2. [3ased nn the certification by an attorney for the transferee, Novation Capital LLC ("Novation"'), and the Court having not been made aware of'any statute, regulatian or order that would be incompatible with the proposed transfer, the transfer will not contravene any applicable federal or state statute or regulation, or the order of any court ~or responsible administrati~-e authority, or any applicable law limiting the transfer of workers' compensation claims. 3. "I'he transfer complies with the remaining requirements of the Pennsylvania Structured Settlement Protection Act, 40 P.S. § 4001 e~ seq., including suctions 4003(a)(2) 4Q03(~il(4), -I003(ai(5)., and 4003(a)(6}. Based upon the foregoing findings, IT IS HEREBY ORDERF,D that: ~ii.o a s~obrsa i z 'The payment that is to be transferred is designated as follows: one lump sum payment of 531,963.00 due on July 26, 2014 (the "Assigned Payment") 2. The annuity issuer, Allstate Life Insurance Company (`'A:{lstate Life"'), sg1a1? forward the Assigned Payment, within 7 days of the date due, to Novation's designated assignee, Acrospire, LLC ("Acrospire"), by check made payable to ``Acrospire, LLC #524381," at P.O. Box 102728, Atlanta, GA 30368-2728 (the "Designated Address"), as follows: one lump sum payment of 531,963.OC- due on July 26, 2014. 3. The terms of this Order shall survive the death of Ms. Darhower and shall be. binding on Ms. Darhower's heirs, beneficiaries and assigns, and her death shall not affect the right of Acrospire to receive the Assigned Payment. 4. Acrospire is authorized to make subsequent assignments or transfers of the Assigned Payment (a "Reassignment") except that, regardless of any such Reassignment, the Assigned Payment will continue to be serviced by Acrospire (or an agent on its behalf), In other words. the Assigned Payment will continue to be made by Allstate Life and the structured settlement obligor, Allstate Settlement Corporation (collectively, "Allstate"), to Acrospire at the Designated .Address only, regardless of any Reassignment. However, if for reasons beyond the control of Acrospire, or due to Acrospire being merged with or acquired by another entity, ar for traditional address change purpose the Designated Address is no longer valid (i. e., if~ Acrospire moves or for other reasons the Designated Address is no longer a viable .address for Acrospire to receive payment), Allstate agrees to make the Assigned Payment to a new payee and/or pavment address. Notwithstanding the foregoing, this Order and the parties' Stipulation ("Stipulation") will remain binding and fully enforceable against Novation, Acrospire, and Ms. Darhower. E3L01~ yU6b41 2 - 2 - 5. .All remaining structured settlement payments (andJor portions thereof), i f ally, that arc not the subject of the Proposed Transfer and not previously assigned, shall be n-iade payable to I~'[s. Darhower and will be forwarded by Allstate Life, when due, to Ms. Darho~~er's most recent known address or any payment address designated by Ms. Darhower, subject to Allstate's consent. 6. 'ovation and Acrospire shall defend, indemnify, and hold harmless Allstate and its directors. shareholders, officers, agents, employees, servants, successors, and assigns, and any parent. subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents.. employees, servants, successors, and assigns, past and present, from and against any arni ail liability, including but not limited to costs and reasonable attorneys' fees, for any and all claims asserted by any person or entity, including but not limited to any claims asserted by any person or entity not a party hereto, claiming an interest in the Assigned Payment, and any and all ether claims made in connection with, related to, or arising out of the Agreement for Sale of `structured Settlement Payments between Ms. Darhower and Novation, the proposed transfer, the Assigned Payment, any Reassignment, or Allstate's compliance with the parties' Stipulation or this Order, except with respect to claims by Novation and Acrospire against Allstate to enforce Al Istale's obligations to Novation and Acrospire under the parties' Stipulation. To the extent No~,~~.itii~n or Acrospire fails to honor this indemnification and defense obligation, Allstate may. in addition to all other remedies afforded by law, satisfy the same by withholding to its own credit the Assigned Payment. 7. Allstate's lack. of opposition to this matter, or its or the other parties" stipulation hereto or compliance herewith, shall not constitute evidence in this or any matter, and i.~. nc~t intended to constitute evidence in this or any matter, that: 13E01%~~U6641 2 - 3 - (a) payments under a structured settlement contract or annuity or related contracts can be assigned or that "anti-assignment" or ``anti-encumbrance" provisions in structured settlement contracts or annuities or related contracts are not valid and enforceable; or (b) other transactions entered into by 1ovation and/or Acrospire and their customers constitute valid sales andior loans; or (c) Allstate has waived any right in conriectiou with any other litigation or claims; or (d) Novation or Acrospire has waived any right other than as expressly set forth in the parties' Stipulation and/or this Order. $. Ms. Da~rhower shall receive from Novation the amount of $22,592.00 Crom which no funds are owed }or counsel fees, administrative fees, or other costs, fees or expenses, Judge ~~~ L~~ ~. P ~ /~~ ,~ -/ ` UCI cis ~ ~f ~. J8 f ~ ~~~ C'. ~~c~(~i o~~'r 0 ~ ~~a. ~~`~~ Z r~~.ou y~:,f,~~~ i : - 4 -