The URL can be used to link to this page

Home My WebLink About13-6624 F I rid. PR 0 K0 id' Ct�.'R Chad J. Julius N l AOV _8 PM 12. 56 Jacobson, Julius & McPartland CUMBERLAND COUNTY 8150 Derry Street PENNSYLVANIA Harrisburg, PA 17111 717.909.5858 717.909.7788 (facsimile) Counsel for Novation Funding LLC d/b/a Novation Capital COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND NOVATION FUNDING, LLC d/b/a i NOVATION CAPITAL FOR APPROVAL OF TRANSFER PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT TRANSFER OF STRUCTURED PAYMENT RIGHTS SETTLEMENT PAYMENT RIGHTS PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS Pursuant to 40 §§ 4001-4009 of the Structured Settlement Protection Act(the "Act"), the Pennsylvania Rules of Civil Procedure, and the Cumberland County Local Rules, Petitioners, J. PRIESTNER("Payee") and Novation Funding, LLC d/b/a Novation Capital ("Transferee"), respectfully submit this Petition for Approval of Transfer of Structured Settlement Payment Rights (this "Petition"): FACTUAL BACKGROUND 1. Pursuant to a Settlement Agreement and Release, Payee became entitled to receive certain periodic payments pursuant to a structured settlement. A true and correct copy of the Settlement Agreement and Release is attached hereto, made part hereof, and marked as "Exhibit A' /C� - 7S ,,I C If Metropolitan Life Insurance Company ("Issuer"). A true and correct copy of the Policy is attached hereto, made part hereof, and marked as "Exhibit B". 3. On?�r about August 22, 2013, Payee entered into an Agreement for Sale of Structured Settlement Payments (the "Sale Agreement") with Transferee. A true and correct copy of the Sale Agreement is attached hereto, made part hereof, and marked as"Exhibit U. 4. Pursuant to the Sale Agreement, Payee agreed to transfer, in consideration of payment to him from Transferee of Five Thousand Twenty Nine Dollars and Zero Cents ($5,029.00), lump sum payment of$16,375.00 due January 31, 2025. See "Exhibit U. 5. The net amount payable to the Payee after deduction of all commissions, fees, costs, expenses, and charges is $5,029.00. 6. Based on the net amount that the Payee will receive from this transaction ($5,029.00) 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 10.36% per year. PETITIONERS HAVE MET THE STATUTORY CONDITIONS REQUIRED TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS UNDER PENNSYLVANIA LAW. 7. By this Petition, Payee and Transferee seek this honorable court's approval of the aforementioned transfer of structured settlement payment rights. 8. The transfer complies with each of the requirements of the Act, and does not contravene any federal or state statutes or regulations, or any other applicable law. See 40 P.S. § 4003(a)(1). 9. Transferee has agreed to indemnify the Owner and Issuer from all liabilities arising from this petition and compliance or noncompliance with the Act; therefore, pursuant to 40 P.S. §4003(a)(5)(A), consent from the Owner and Issuer are deemed received by Transferee. 10. Pursuant to 40 P. S. § 4003(b), Payee was advised in writing by Transferee to seek independent professional advice regarding the legal and tax implications of the transfer. A - 3 - true and correct copy of said letter is attached hereto, made part hereof, and marked as "Exhibit D". 11. Pursuant to the Act, Transferee provided Payee with a Disclosure Statement, more than ten days prior to the time Payee incurred an obligation with respect to the Sale Agreement. A true and correct copy of the Disclosure Statement is attached hereto, made part hereof, and marked as "Exhibit E". 12. Pursuant to 40 P.S. §4003(b), Payee was provided the "Important Notice" as required by the Act. See "Exhibit E". 13. After discussions with family and friends, Payee has elected to waive independent professional advice. A true and correct copy of Payee's Waiver of Independent Professional Advice form is attached hereto, made part hereof, and marked as "Exhibit F". 14. The Disclosure Statement sets forth all of the information required by the Act. 15. Payee believes that the transfer is in his best interests and the terms of the Sale Agreement are fair and reasonable. 16. Payee is 28 years old. 17. Payee is divorced and has one dependent son—JP. 18. Payee resides in Cumberland County, Pennsylvania 19. Payee is employed as a machine operator and earns approximately $38,000.00 per year. 20. Payee is in dire need of a vehicle and needs to use the funds from this transfer to purchase a vehicle. See Payee's Affidavit in Support of Petition to Transfer Structured Settlement Rights that is attached hereto, made part hereof, and marked as "Exhibit G". - 4 - 21. Payee has considered other means of raising the funds necessary to meet his needs, but he does not have any property to sell or collateral to borrow against in order to receive a loan from a conventional lender. 22. After weighing all of the options available to Payee, including a sale of a lesser amount of the structured settlement amount, Payee determined that selling a portion of his structured settlement payment rights to be the most efficient, and least expensive, way for him to raise the funds that he needs. 23. The funds Payee seeks to transfer to Transferee are funds that are not currently available to the Payee but could greatly benefit him and his son now. 24. Payee has previously petitioned a court to transfer his annuity payments. 25. Pursuant to the Order of May 5, 2011 in Louisiana, Payee transfer lump sum payments to Novation Capital, LLC. In exchange, Payee received $12,000.00 and used the funds as a down payment on a home. A true and correct copy of the Court's Order of May 5, 2011 is attached hereto and made part hereof as "Exhibit H". 26. The assigned payments are to be made to Novation Funding, LLC 27. Pursuant to the Act, Transferee has given written notice of Novation Funding's address and taxpayer identification number to the Owner and the Issuer. A true and correct copy of said notice is attached hereto, made part hereof, and incorporated as "Exhibit I". 28. Novation Funding's taxpayer identification number is: Novation Funding, LLC #703057 P.O. Box 102265 Atlanta, GA 30368-2728 Tax ID: 46-0662843 30. No judge has ruled on any other matter with regard to the forgoing Petition. - 5 - ' 31. Counsel and/or Novation Funding, LLC d/b/a Novation Capital has contacted all parties involved in this matter and they neither oppose nor concur in this Petition. WHEREFORE, Payee and Transferee have met all of the conditions to transfer Payee's structured settlement payment rights, as set forth in the Act, and respectfully request this Honorable Court enter the attached Order of Court, thereby approving the transfer/sale of the structured settlement payment rights outlined infra. Respectfully submitted, JACOBSON, JULIUS & ARTLAND Date: November 7, 2013 Chad J. Jul s, 209496 8150 Derry eet Harrisburg, PA 17111 Phone: 717.909.5858 FAX: 717.909.7788 Counsel for Novation Funding, LLC d/b/a Novation Capital - 6 - Exhibit A 02/17/2011 11:33 BMZ LAW (FAx)8146431173 P.0071014 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release(the"Settlement Agreement")is made and entered into this $ day ofml - .20 by and between: "Claimant" Mrriestner "Defendant" I Britt;.CMritt;andIMBritt (each it"Defendant"and collectively,if applicable,the"Defendants") "Insurer" Metropolitan Property&Casualty Insurance Company RECITALS A. On or about October 19,2006,Claimant was injured in an accident occurring at or near State College,Pennsylvania. Claimant alleges that the accident and resulting physical and personal injuries arose out of certain alleged negligent acts or omissions of Defendant,and has made a claim seeldng monetary damdges on account of those injuries to Claimant. B. Insurer is the liability insurer of the Defendant,and as such,would be obligated to pay any claim made or judgment obtained against Defendant,which is covered by its policy with Defendant. C. The parties desire to entar into this Settlement Agremcut.in ordc to pro vide for certain payments in full settlement and discharge of all claims which Dave,or might be made,by reason of the incident described in Recital A.above,upon the terms and conditions set forth below. AGREEMENT The parties agree as follows: UZII7tZU11 11:33 BMZ LAW (FAA)3146431173 P.O1U11I014 s ` 1.0 RELEASE AND DISCHARGE 1.1 In consideration of the payments set forth in Section 2,Claimant hereby completely releases and forever discharges Defendant and Insurer from any and all past,present or future claims,demands,obligations,actions,causes of action,wrongful death claims,rights, damages,costs,losses of services,expenses and compensation of any nature whatsoever,whether based on a tort,contract or other theory of recovery,which the Claimant now has,or which may hereafter accrue or otherwise be acquired,on account of,or may in any way grow out of the incident described in Recital A.above,including,without limitation,any and all known or unknown claims for bodily and personal injuries to Claimant,or any future wrongful death claim of Claimant's representatives or heirs,which have resulted or may result from the alleged acts or omissions of the Defendant. 1.2 This release and discharge sball also apply to Defendant and Insurer's past,present and future officers,directors,stockholders,attorneys,agents,servants,representatives,employees, subsidiaries,affiliates,partners,predecessors and successors in interest,and assigns and all other persons,firms or corporations with whom any of the former have been,are now,or may hereafter be affiliated. 13 This release,on the part of the Claimant,shall be a fully binding and complete settlement among the Claimant,the Defendant and the Insurer,and their heirs,assigns and successors. 1.4 The Claimant acknowledges and agrees that the release and discharge set forth above is a general release. Claimant expressly waives and assumes the risk of any and all claims for damages which exist as of this date,but of which the Claimant does not know or suspect to exist,whether through ignorance,oversight,error,negligence,or otherwise,and which,if known, would materially affect Claimant's decision to enter into this Settlement Agreement. The Claimant further agrees that Claimant has accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact. Claimant assumes the risk that the facts or law may be other then Claimant believes. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim,and the payments are not to be construed as an admission of liability on the part of the Defendant,by whom liability is expressly denied, 02117/2011 11:33 BMZ LAW (FAX)8146431173 P.0091014 2.0 PAYMENTS In consideration of the release set forth above,the Insurer on behalf of the Defendant agrees to pay to the individual(s)named below("Payee(s)")the sums outlined in this Section 2 below; 2.1 Payments due at the time of settlement as follows: Twenty Five Thousand Dollars and 00/100 Cents($25,000.00)to Priestner and BMZ Law 2.2 Periodic payments made according to the schedule as follows(the"Periodic Payments"): Payee: J riestner Guaranteed Lump Sum Payments as follows: Five Thousand Dollars and 00/100 Cents($5,000.00)on January 31,2013; Six Thousand Five Hundred Dollars and 00/100 Cents($6,500.00)on January 31,2016; Eight Thousand Five Hundred Dollars and 00/100 Cents($8,500.00)on January 31,2019; Eleveii Thousand Five Hundred Dollars and 00/100 Cents($11,500.00)on January 31,2022;and Sixteen Thousand T1uee Hundred Seventy Five Dollars and 00/100 Cents ($16,375.00)on January 31,2025 All,sums set forth herein constitute damages on account of personal injuries or sickness, within the meaning of Section 104(a)(2)of the Internal Revenue Code of 1986,as amended. 02117/2011 11:34 BMZ LAW (FAX)3145431173 P.0101014 3.0 CLAIMANT'S RIGHTS TO PAYMENTS Claimant acknowledges that the Periodic Payments cannot be accelerated, deferred,increased or decreased by the Claimant or any Payee;nor shall the Claimant or any Payee have the power to sell,mortgage,encumber,or anticipate the Periodic Payments,or any part thereof,by assignment or otherwise. 4.0 CLADTANT'S BENEFICIARY Any payments to be made after the death of any Payee pursuant to the terms of this Settlement Agreement shall be made to�_ ?. r;F s+a2z !'eh -WR r - (,�}` I(V-7 mil q Z_ (please include name relationship,dare of birth and social secrerity member)or to such person or entity as shall be designated in writing by Payee to the Insurer. If no person or entity is so designated by Payee,or if the person designated is not living at the time of the Payee's death,such payments shall be made to the estate of the Payee. No such designation,nor any revocation thereof,shall be effective unless it is in writing and delivered to the Insurer. The designation must be in a form acceptable to the Iusu=before such payments are made. S.D RIGHT TO PURCHASE AN ANNUITY The Defendant and/or the Insurer,reserves the right to fund the liability to make the Periodic Payments through the purchase of an annuity policy from Metropolitan Life Insurance Company("the Annuity Issuer"). The Defendant or the Insurer shall be the sole owner of the annuity policy and shall have all rigbts of ownership. The Defendant or the Insurer may have the Annuity Issuer mail payments directly to the Payee(s). The CIaimant shall be responsible for maintaining a curreat mailing address for Payee(s)with the Annuity Issuer. 02/17/2011 11:34 UMZ LAW (FAX)3146431173 F.U711U14 6.0 DISCMARGE OF OBLIGATION The obligation of the Insurer to make each Periodic Payment shall be discharged upon the mailing of a valid check in the amount of such payment to the designated address of the Payee named in Section 2 of this Settlement Agreement or the deposit by electronic fiords transfer in the amount of such payment to an account designated by the Payee. If,after the due date,the Payee notifies the Insurer that payment was not received,the Insurer shall direct the Annuity Issuer to initiate a stop payment action. Upon confirmation that such check was not previously negotiated or electronic funds transfer deposited,Insurer shall promptly direct the Annuity Issuer to process a replacement payment. 7.0 ATTORNEY'S FEES Each party hereto shall bear all attorney's fees and costs arising from the actions of its own counsel in connection with this Settlement Agreement,the matters and documents referred to herein,and all related matters. 8.0 REPRESENTATION OF COMPREHENSION OF DOCUMENT 1n entering into this Settlement Agreement the Claimant represents that Claimant has relied upon the advice of his attorneys,who are the attorneys of his own choice,concerning the legal and income tax consequences of this Settlement Agreement;that the terms of this Settlement Agreement have been completely read and explained to Claiman by his attorneys;and that the terms of this Settlement Agreement are fully understood and voluntarily accepted by Claimant. UZ11/IZUI 1 11: 4 t3ML LAW (FAX)t31454J11/J F MI ZIUM 9.0 WARRANTY OF CAPACITY TO EXECUTE AGREEMENT Claimant represents and warrants that no other person or entity has,or has had, any interest in the claims demands,obligations,or causes of action referred to in this Settlement Agreement,except as otherwise set forth herein;that Claimant has the sole right and exclusive authority to execute this Settlement Agreement and receive the sums specified in it;and that Claimant has not sold,assigned,transferred,conveyed or otherwise disposed of any of the claims, demands,obligations or causes of action referred to in this Settlement Agreement. 10.0 CONFIDENTIALITY The parties agree that neither they nor their attorneys nor representatives shall reveal to anyone,other than as may be mutually agreed to in writing,any of the terms of this S ettlement Agreement or any of the amounts,numbers or terms and conditions of any sums payable to Payee(s)hereunder. 11.0 GOVERNING LAW This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of Pennsylvania. 12.0 ADDITIONAL DOCUMENTS All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions,which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement. ULl1/IZUI l l 1:J4 011i LAW Q-AR)t314ti4J11/J F.UI JIU14 13.0 ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST This Settlement Agreement contains the entire agreement between the Claimant and the Iusurer with regard to the matters set forth in it and shall be binding upon and inure to the benefit ofthe executors,administrators,personal representatives,heirs,successors and assigns of each. 14.0 EFFECTIVENESS Tlds Settlement Agreement shall become effective immediately following execution by each of the parties. Claimant Owriestner signature) Date: —q I CM 1 75 Claimant's Attorney BMZ Law By -'rG Date. 912101f- UL11/lLUI 1 11: 4 UM6 LAW t1-AA)if14b4311/:3 Y.0 141U14 08/10/2OOB 10:33 FAX ID002/003 OB/1012008 08:51 FAX 5013543220 caahridge Balaher fm 011/011 1]]SU7['eY Metropolitan Property and Casualty Insurance Cumpany nn 7 - r Title: �i-iir. Date:__ q-(G—Or Exhibit B 02117/2011 11:32 SMZ LAW (FAX)8146431173 P.0031014 etUre Metropolitan Life Insurance Company 200 Park Avenue,New York,NY 10966 Metropolitan Life insurance Company(herein called MetLife)certifies that It will make the payments described in this certificate. Group Annuity Contract No. 8281 Certificate No. 98299 I Measuring Life I J-Priestner Date of Birth of Measuring Life January 31, 1985 Owner MLTROPOLITAN PROPERTY AND CASUALTY Annuity Commencement date January 31,2013 Beneficiary(if any) Primary:LWriestner,Mother Contingent:Not Applicable i Form G.4324A 02/17/2011 11:32 BMZ LAW (FAX)8146431173 P.0041014 Rights of Owner: The Owner owns the annuity described in this certificate. The Owner will have the right at any time to designate the payee, including the Beneficiary, to whom benefits are payable under the annuity. However, unless the Owner otherwise directs, MetLife will make all payments under the annuity to the person(s) named in the certificate. In addition, at any time after the death of the Measuring Life, the Owner may direct MetLife to pay, In lieu of any term certain annuity payments described in this certificate, the commuted value of all remaining term certain annuity payments In a single sum to a payee named by the Owner. The commuted value of such annuity payments will be calculated using the same interest rate(s) as that used in determining the purchase price of the annuity. No such change in payee or terms of payment will be effective until written notice of the change is received by MetLife. However, any change In a Beneficiary designation will take effect as of the date the request was signed but without prejudice to MetLife on account of any payment made by it before receipt of the request. When contacting MetLife the Owner should mention the Contract number and the name and certificate number of the Measuring Life. Proof of Living: MetLife may require proof that the Measuring Life, the Beneficiary or other payee, as the case may be, is living on the date on which any annuity payment is to be made. If proof is requested, no payment will be made until the proof has been received by Meti_ife. Beneficiary: If two or more Beneficiaries are designated and their respective interests are not specified,their interests will be several and equal. Change or Waiver: No sales representative or other person, except an authorized officer of MetLife, may make or change any certificate or make any binding promises about any certificate on behalf of MetLife. Any amendment, modification or waiver of any provision of this certificate will be In writing and may be made effective on behalf of MetLife only by an authorized officer of MetLife. Misstatements: If the age or sex of the Measuring Life or any other relevant fact has been misstated, MetLife will not pay a greater amount of annuity than that provided by the actual amount received to purchase the annuity and the correct information. Any overpayment of annuity will, together with Interest, be deducted from future annuity payments. Any underpayment of an annuity will, together with interest, be paid immediately upon receipt of the corrected information. The interest rate(s) will be that used in determining the purchase price of the annuity. Nonassignability; Claims of Creditors: This certificate and the payments provided under it are nonassignable and will be exempt from the claims of creditors to the maximum extent permitted by law. Form G.4324A (2) f 0211712011 11:33 BMZ LAW (FAX)8146431173 P.005►014 Payment of Annuity: Met[_ife will make payments under this certificate as follows: MetLife will make the payment(s) shown in item (I) below to the payee named by the Owner, However, if the Measuring Life is not living on the date any such payment(s) is payable,and unless the Owner directs otherwise,IvSetLife will pay such payment(s)to the Beneficiary. (1) Date of Payment Amount ofPavment January 31,2013 $ January 31, $ January 31, $ January 3l, $ January 31,2025 $16,375.00 Farm G.4324A (3) � 02/1712011 11:33 BMZ LAW (FAX)8146431173 P.0061014 Meftife' Metropolitan Life Insurance Company 200 Park Avenue,New York, NY 10166 ENDORSEMENT Notwithstanding any provisions to the contrary,this certificate is hereby endorsed as of its issue date as follows: No annuity payments under this certificate are payable in a single-sum vaiue (i.e., annuity payments are not commutable). This certificate is not assignable. It cannot be transferred,assigned or pledged as collateral for a loan. Payments under this certificate cannot be changed or accelerated and paid before the payment due date. Metropolitan Life Insurance Company Gwenn L.Carr Senior Vice President and Secretary Form G.24247-571A Exhibit C Novation Capital e Agreement for Sale of Structured Settlement Payments ID J=Priestner This is an Agreement between J-Priestner (referred to as "you" in this Agreement) and Novation Funding, LLC dba Novation Capital ("Novation"). This Agreement sets forth the terms of a legally binding contract in which you agree to sell structured settlement payments to Novation. This Agreement and all its terms are subject to the approval of a court, which, by law, must approve the Agreement before it is carried out. Background A. Some time ago, you (or someone acting for you) entered into a Settlement Agreement. You have told Novation that you have the right to receive certain payments due under that Settlement Agreement. B. In connection with that Settlement Agreement, an insurance company agreed to make the settlement payments now due to you. In turn, that insurance company arranged for the purchase of an Annuity Policy so that certain settlement payments would be made on an agreed schedule. C. Because the settlement payments are funded by an annuity, your risk of not getting paid by the insurance company is low. However, those settlement payments will be made in the future, on a schedule that may no longer meet your needs. D. Accordingly, and after considering other ways of raising current cash, you have decided that you want to sell some for all) of your settlement payments. Simply stated, you now want to give up the right to receive certain future settlement payments in a trade for a lump-sum cash payment from Novation. THEREFORE: 1. The Sale: You agree to sell and Novation agrees to buy the settlement payments identified as the "Assigned Payments" at the very end of this Agreement. In exchange, Novation agrees to pay you (and you agree to accept) cash in the amount of the Purchase Price stated at the very end of this Agreement. 2. Payment to You: You can choose to be paid by wire transfer or by check. If you elect to be paid by some other means (for example, by "money order") any charges imposed by the bank or money transfer service will be deducted from your purchase price. 3. Court Approval: A court must approve your sale of payments before the Assigned Payments can be transferred and monies will be paid to you. You understand and Page 1 IIIIN��II i t,IIINIUNIaII'iNiiilulhilviniilLgiiil�liniq Nioiiiilvnln Cliilalii(iil 002l-2i013i)i All Ri II ItI qRI1111NIIeIIIIRIII qll Novation Capital agree that you will not be paid by Novation until the company that is making the settlement payments has acknowledged receipt of a final court order that: (a) cannot be appealed; (b) directs the Annuity Owner and Issuer to make the Assigned Payments to Novation (or to an entity named by Novation); and (c) makes all findings required by applicable state and federal law. 4. Best Efforts and Working Together: Novation agrees to use its best efforts to obtain the required court approval in an uncontested court proceeding. You agree to cooperate with Novation in that effort and to do all things reasonably necessary to cooperate with Novation in its effort to complete this transaction. Among other things, you agree to promptly provide Novation with complete and legible copies of the Settlement Agreement and the Annuity, as amended and now in effect, and execute such documents which may be necessary to obtain court approval of your sale to Novation. 5. We Rely Upon What You Tell Us: All facts or statements in this Agreement (including any attachments to this Agreement) regarding you, your situation, the payments you are receiving, and the payments you are now selling are based upon documents and information that you have provided to Novation. In entering into this Agreement, Novation is relying upon the truth of the statements you have made and the documents you have provided. 6. Your Money, Your Decision: You have told us that you are 18 years of age or older, are of sound mind, not under the influence of drugs or alcohol, and understand and agree to the terms of this Agreement. Further, you agree that no one has forced you to sign this Agreement nor has anyone promised you anything other than what is stated in this Agreement in an effort to persuade you to sign it. 7. Facts About Your Payments:N ovation must determine whether anyone other than you is claiming an interest in the structured settlement payments you are selling us. Unless you tell us in writing otherwise, we will assume: (a) You alone have the right to receive the Structured Settlement payments that you are now selling and the payments are guaranteed, not life contingent; (b) Neither you nor anyone else has sold or pledged or otherwise transferred the Assigned Payments nor attempted to do so; (c) No other person (or business) claims a lien, right, title, or interest of any kind in the Assigned Payments; (d) You are not in bankruptcy; Page 2 iiia�iAai Novation F uiiii�iuiiuuiinnui�io Nioiii tiniir�litniii2nuiii-iiuii1idi iNi�uiiii�iiii�i Reserved Novation Capital e (e) You are "up to date" in your child support (if any), alimony (if any), and tax payments; (f) There are no unsatisfied judgments or liens against you; (g) No lawsuit has been filed or threatened against you or your assets; and (h) As far as you know, there is no dispute about your right to receive the payments under the Settlement Agreement and no one has challenged or threatened to challenge your right to receive those payments. (i) The payments you are now selling are scheduled to be paid to You (or your heirs, beneficiaries, or assigns) whether or not you or some other person is still living at the time of payment. If one or more of these statements becomes untrue before the Purchase Price is paid to you, you agree to notify Novation in writing. In all events, you authorize Novation to conduct credit checks and judgment and lien searches to confirm that there are no claims against the Assigned Payments. 8. Facts About Your Life Situation: You have told us that neither you nor those who depend on you rely upon the payments you are now selling for food, shelter, medical care, or the other necessities of life. You understand that you may be asked to set forth additional facts about your circumstances and life situation so that the court can better understand your reasons for wanting to sell some or all of your structured settlement payments. Your name, date of birth, marital status, current and former addresses, social security number, and other personal information is fully and truthfully set forth on the application you provided to Novation. Your social security number will not be revealed by us in any public filings. 9. Certain Debts Paid: Many people choose to sell future settlement payments because they want to clear up their debts, pay off liens, and bring their past due obligations current. If you owe back taxes, past due child support, or have judgments or liens recorded against you or your assets, Novation will review any such obligations with you and determine which debts, claims, or liabilities must be paid at the closing. If it is necessary to pay certain debts before funds are released to you, Novation will pay those debts for your account and deduct the payment from your Purchase Price. 10. Other Possible Deductions from the Purchase Price: If some of the payments being sold to Novation under this contract are paid over to you (and not Novation) before the Purchase Price is paid to you, the payments received by you (rather than Novation) will be deducted "dollar for dollar" from the Purchase Price. Page 3 iilni�rift�iiNovation�ili�irlint,�iilC dliHUlAiniiiliiwi n Ciii utllll 1002-206.III AlIlI IIIIfisN Reserved IIVY Iliuli Novation Capital e 11. "Holdbacks" While Address Change Is Processed: The insurer making payments may take several months to process the change. Accordingly, Novation may withhold from the Purchase Price: (a) the sum of assigned payments, if any, due to be received within three to six months following the closing; or (b) 10% of the Purchase Price; or (c) $1,000.00, whichever is greater, until the insurer begins to re- direct payments to Novation (or other parties) pursuant to the court's order or the insurer making the payments confirms in writing the change of payee for the Assigned Payments. When the Assigned Payments begin to be received by Novation (or other third party designated in the order) or the insurer confirms in writing the change of payee, any amounts withheld will be paid over to you, less any monies paid to you in error while the insurance company was processing the address change. 12. Misrouted Payments: On rare occasions, even after a court has approved a sale, an Assigned Payment may be misrouted or mislabeled by the insurance company. In the event that payments you have sold to Novation are instead sent to you,you agree to hold those payments in trust and immediately turn them over to Novation. Similarly, in the event that payments you have sold to Novation are sent to Novation but made payable to you, you hereby grant Novation an irrevocable limited "power of attorney" authorizing Novation to cash any such checks and deposit them to Novation's collection account. In some cases, if the Assigned Payments only constitute a portion of your structured settlement payments, the court or your insurance company may require that the entire structured settlement payment be paid to-Novation and Novation remit the unassigned portion of the structured settlement payment back to you. If such a circumstance arises in your transaction, you agree to this payment servicing arrangement. 13. Grant of Security Interest:You intend to sell and Novation intends to buy your rights in and to the "Assigned Payments. " Subject to the court's approval of the sale, you grant to Novation a "first priority security interest" in the Assigned Payments. Accordingly,you agree that Novation shall have all of the rights of a secured party under the Uniform Commercial Code and may exercise the remedies of a secured party. 14. Change of Beneficiary: The payments you are selling (the Assigned Payments) are to be paid to Novation in accordance with a set timetable -- even if you are no longer living at the time the payments come due.To confirm that,you will sign and deliver to Novation Attached Exhibit B which names your estate as the sole beneficiary of the Assigned Payments under the Annuity during the term of the Assigned Payments. In addition and to similar effect, this Agreement is and shall be deemed a "Testamentary Agreement" in which you agree, for all time, to name Novation or its assigns as the party that will inherit the Assigned Payments in the event of your death. You cannot and will not amend, modify, alter or Page 4 IuilN� ll'NIIIIIRIOIIIatIIIIIIIIIIIIIIIIInIYILLNNIIIIIII�NNIRIIIaIOIIINIhIIIIIalI1II0NI2IIMIIIII1N�All NIIAN Reserved lll Iliilu Novation Capital o . otherwise change the beneficiary designation or this Testamentary Agreement without Novation's express prior written consent. 15. Agreement Binding on You and Your Successors: You agree that this Agreement in its entirety, including the Testamentary Agreement set forth in the immediately preceding paragraph and the beneficiary designation attached as Exhibit B, shall be binding upon you, your heirs, successors, assigns, and any person claiming by, through, or under you. 16. You Want to Sell Your Payments: Many Structured Settlements were set up before enactment of the laws that now allow people to sell their structured settlement payment rights. Accordingly, your Structured Settlement Agreement may contain one or more provisions that suggest that your payment rights cannot be sold. To the extent that your Settlement Agreement or the Annuity contains such a provision that purports to restrict or limit your ability to sell your payments, you hereby waive and release any such restriction. Consistent with the forgoing, you also agree that you will never claim or contend that the payments you are now selling were not transferable. 17. Novation Can Assign: Novation and/or its designated assignee may pledge or assign all or any portion of its right, title, and interest in and to this Agreement, the Settlement Agreement, the Annuity, and the Assigned Payments, without your further consent. If and when that happens, all references to Novation in this Agreement shall be read and understood to refer to Novation's immediate or subsequent assigns. 18. This is a Sale, Not a Loan: You are selling your payment rights. You agree that this is not a loan. If, from any possible construction of any document, it were determined that this Agreement somehow calls for the payment of "interest" and if such interest would be payable in excess of the Maximum Lawful Rate permitted by applicable laws, any such construction shall be automatically reformed and the interest payable shall be automatically reduced to the maximum lawful rate, without the necessity of execution of any amendment of new document. 19. What Happens If Court or Other Authority Says "No:" It is always possible that someone who has not signed this Agreement (such as your insurance company) could try and oppose the request for court approval. That could result in unanticipated expense and delay. You understand and agree that if someone opposes or contests the request for court approval, Novation may choose to cancel this contract without further obligation. Similarly, if someone who did not sign this Agreement (such as an insurance company) appeals a court's approval, you agree that Novation may choose to cancel the transaction rather than incur the expense and delay of litigation. If a nationally recognized rating agency (such as Standard & Poor's, Moody's, or Fitch ) should "downgrade" or otherwise take Page 5 IIIII��II�It,III Novation�allunllcUln�l'ILI�II IIaII�IIII Novation I IIItIII IIII�I2I�I�II1II1.IIIIII�IVIfis Rlllllllllldln�llllllll Novation Capital adverse rating action either with respect to the annuity issuer making the structured settlement payments or with respect to structured settlement payments assigned pursuant to Court order by residents of your state, Novation may choose to cancel this contract without further obligation. Additionally, if the annuity issuer is or becomes insolvent or is seized, administered, or liquidated by a regulator, liquidation bureau, court-appointed receiver, trustee, or other authority which advises that the annuity issuer (or its successor in interest) may not make some or all of the scheduled payments at the time and in the amounts set forth in the Annuity Policy, Novation may choose to cancel this contract without further obligation. In the vast majority of cases involving structured settlement transfers, Novation wins court approval without undue expense or delay. But if, for some reason, the court does not approve the sale, or if Novation elects to cancel in light of the opposition of some other person or in response to rating agency action, no payments will be transferred from you, no monies will be paid to you,you will have no further obligation to Novation, and Novation will have no further obligation to you. 20. General Provisions: The headings in this Agreement are to make it easier to read and shall not affect the meaning of this Agreement. This Agreement and the attached exhibits make up the entire agreement between you and Novation and replace all prior arrangements and understandings, written or spoken. This Agreement can only be changed, replaced, or canceled by a writing signed by you and Novation. If any part of this Agreement is ever held to be to invalid under any applicable law, that provision shall be deemed modified to the extent necessary to render it enforceable. If modification is not possible, then the provision shall be severed and the validity of the remaining provisions shall not be affected. In the event of a lawsuit to enforce this Agreement, the unsuccessful party shall pay to the successful party all costs and expenses, including, without limitation, actual attorneys' fees, expended or incurred. Any dispute under this Agreement shall be resolved in a court in the state where you are now residing, under the laws of that state.All of the terms and conditions of this Agreement shall be binding on and be enforceable by you and Novation and you and Novation's respective heirs, successors and assigns. All notices shall be in writing and shall be deemed to have been duly given if mailed first class, postage prepaid, certified United States mail, return receipt requested. This Agreement may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when two or more counterparts have been signed by each of the parties hereto and delivered to the other parties, it being understood that all parties need not sign the same counterpart thereof. 21. The Payments You Are Selling: The payments you are selling and their amount(s) and due dates are described on Exhibit "A". These payments you are selling are referred to as the "Assigned Payments". Page 6 iian��ii�'i'i111111111111111111�111111I01III11111IN1111IIIInINUIBIInIII11111111�10iiii-iilii�iiiiili11111 �111111mil111111ll11Ili Novation Capital 22. Purchase Price: Novation has agreed to pay you (and you have agreed to accept) the sum stated on Exhibit "A" as the "Purchase Price" for the Assigned Payments. You acknowledge that Novation has provided a written Disclosure Statement to you prior to your signing this Agreement as required by applicable state and federal law. 23. Independent Advisor: By signing this Agreement below, you acknowledge that Novation has advised you in writing to seek, and you have had the opportunity to seek, independent legal or other expert advice regarding the legal,financial, and tax consequences of this Agreement. By signing below, you agree to be bound by all of the terms of this Agreement. SELLER Novation Funding, LLC dba Novation Capital riestner By: Betty Castellanos Its: Operations Manager The foregoing instrument was acknowledged before me this day of A56guif, 2013 by the above signed, who is either (0) personally known to me or (+ 'who has produc �r a license as identification. Notary Signature A Notary Public in and for the State of Pn Printed Name: 2!&1 i W.6,ev- Commission Expires: /� go/& Q TARIAL SEAL GELA F UNGER Notary Public N TWP.,FRANKLIN COUNTY sion Expires Oct 7.2016 Page 7 Co ril�1N11111111111111d11n�111�1111111d11�9NAIIIIil�lll�6a��t811�10llllllllllllll1,.IAll 1jItd�Reserved Wllllll Novation Capital Exhibit "A" to Agreement for Sale of Structured Settlement Payments The Structured Settlement Payments you have agreed to sell to Novation Capital are: Lump sum payment of $16,375.00 due on or about January 31, 2025 The Purchase Price you have agreed to accept in exchange for the sale of the Structured Settlement Payments stated above is: 5,029.00 SELLER JMPriestner Copyright,Novation Fqqunding,ppLLC dbagqNovati��onI pCapital II(200nn2-I 2013).All Rights Reserved Exhibit D N OVATI ONCAPMAL a Novation Ventures Company 1641 Worthington Road,Suite 410 West Palm Beach,Florida 33409 (800)747-6472 NovationCap.com Via Email August 21, 2013 Mr. J4ft Priestner Re: Disclosure Statement Dear Mr. Priestner: Please find enclosed the Disclosure Statement that Novation must provide to you not less than ten (10)days prior to you incurring an obligation to transfer your structured settlement payments. Please read and sign the enclosed document. Novation recommends that you seek the advice of an attorney or licensed financial professional (example: certified public account or certified financial planner). If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Funding Executive Novation Funding, LLC dba Novation Capital Enclosure Copyright,Novation Funding,LLC dba Novation Capital(2002-2013).All Rights Reserved Exhibit E DISCLOSURE STATEMENT NAME: Priestner August 21, 2013 1. DESCRIPTION OF TRANSFERRED PAYMENTS I am transferring the following structured settlement payments: Lump sum payment of $16,375.00 due on or about January 31, 2025 The aggregate total of these payments is $16,375.00. 2. GROSS ADVANCE AMOUNT In exchange for these payments, I will receive a gross amount of $5,029.00. Funding will not occur until all conditions required under the transfer agreement have occurred. 3. TRANSFER EXPENSES I understand that the following fees and expenses will be deducted from the Gross Advance Amount payable to me or my account: Legal Fees best estimate $0.00 Broker Commission $0.00 Charges $0.00 Fees $0.00 Costs $0.00 Expenses $0.00 4. NET ADVANCE AMOUNT I understand that the Gross Advance Amount, as described above, shall be reduced by the Transfer Expenses described above resulting in the Net Advance Amount below: Net Advance Amount 1 $5,029.00 1 understand that I will receive this Net Advance Amount, minus Copyright,Novation Funding,LLC dba Novation Capital(2002-2013).All Rights Reserved Disclosure Statement:DE MN PA 1�11111111111111111111111111311111111111 V11111 11111111111111111111111111111111111111l 111111llll11n111111111 (a)any advances made to me or on my behalf by Novation for notary fees, for cash advances related to attorney fees to seek court approval; and (b)any amounts necessary to satisfy any outstanding liens, judgments, and credit-based obligations, pursuant to the terms of the transfer agreement. 5. QUOTIENT The net amount that you will receive from us in exchange for your future structured settlement payment(s) represents 38.60 % of the estimated current value of the payments based upon the discounted value using the applicable federal rate. 6. DISCOUNTED PRESENT VALUE This provides the calculation of the estimated current value of the transferred structured settlement payments under federal standards for valuing annuities. The Federal Rate that is used to make this calculation is provided below in addition to the Discounted Present Value. Federal Rate used to 2.00% calculate the Discount Present Value Discount Present Value $13,027.53 7. PENALTY IN THE EVENT OF BREACH OF CONTRACT The amount of any penalty or liquidated damages, inclusive of penalties, payable by me in the event I breach the transfer agreement is zero. 8. You will not incur any obligation under a transfer agreement until the tenth (10th) day after you receive this disclosure statement. Copyright,Novation Funding,LLC dba Novation Capital(2002-2013).All Rights Reserved Disclosure Statement:DE MN PA II�IIIVIIIVIIIIIIVIIINNIII�II IIIIII�IVI�III�MNI�NIIIIINIINIIII I�VINIIIIII�INI�I��InIVNIIIVIII I�IIVIN�II�IIIII� IMPORTANT NOTICE TO PENNSYLVANIA RESIDENTS ONLY: You are strongly urged to consult with an attorney who can advise you of the potential tax consequences of this transaction. Priestner Copyright,Novation Funding,LLC dba Novation Capital(2002-2013).All Rights Reserved Disclosure Statement:DE MN PA 1111111 ll ll l 111 111 l l 111 l ll l 111 l l l 111 l 11111 l l l lln l ll ll l�ll I II I III III III I I II I III I IIIII I I II II I III III I II IIII IN I III Exhibit F Novation Capital Waiver of Independent Professional Advice I, J=Priestner, have been advised by Novation Capital in writing, to seek independent professional advice from a professional such as an attorney, an accountant or financial planner regarding the implications of transferring my future rights to structured settlement payments. I have considered this option but I have chosen not to seek such advice. lNestner Copyright,Novation Funding,LLC dba Novation Capital(2002-2013).All Rights Reserved 11111111111111111111111 loll 11111 IIIIIIIIIIIIIIIIIIIIINIIIIIIIIII1I�IIII�II�IIIII��111111111111 Exhibit G IN THE COURT OF COMMON PLEAS OF CUMBERLAND,PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF JESSE No. PRIESTNER AND NOVATION FUNDING, LLC d/b/a NOVATION CAPITAL FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PETITION FOR APPROVAL PAYMENT RIGHTS OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS AFFIDAVIT OF IN SUPPORT OF THE PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS I, make the following Affidavit based upon my personal knowledge: 1. I am an adult individual and I firmly believe in the obligations of an oath. 2. I reside at Never Married; _Married; X Separated; Divorced; Widowed If married or separated, name of spouse: 3. Minor children and other dependents: Name Age Place of Residence J 3 4. Income: (a) Payee's monthly Income and sources: Monthlv Income Source $3,167.00 Machine Operator (b) If presently married, spouse's monthly income and sources: N/A Monthly Income Source 5. Child support, alimony or alimony pendente lite: Obligation to pay: Yes X No If yes, state the amount of the obligation, to whom payable, and whether there are arrearages: Amount of Obligation Payable to Arrearages 6. Previous transfers: Have you previously filed a petition to transfer payment rights under the structured settlement that is the subject of this petition? X Yes • ,. No If yes, for each petition that you filed, (a) If the transfer was submitted for court approval, list the court, the case caption and case number, and state whether the court approved or disapproved the transfer: Court Case Caption Case Number Approval/Disapproval 19th JUDICIAL IN RE: �� Approval DISTRICT COURT A PARISH OF EAST BATON ROUGE, LOUISIANA (b) if the transfer was approved, (i) State the name of the transferee and identify (listing due dates and payment amount(s)) the payments involved in the transfer: Name of Transferee Payment Amounts Due Date Novation Capital, LLC Lump sum payments as follows: $5,000.00 due 01/31/2013; $6,500.00 due 01/31/2016; $8,500.00 due 01/31/2019; $11,500.00 due 01/31/2022 (ii) State the amount of money and the manner in which the money was used: Amount of Money Manner Used $12,000.00 Purchased a home. (c) Have you ever transferred payments without court approval: Yes X No If so, please explain: 7. Reason for transfer: Describe in detail your reasons for the proposed transfer, including an explanation as to why a sale of a lesser amount of the structured settlement amount will not better serve your interests: I intend to use the funds to put a down payment on a vehicle. I have considered other means of raising the funds necessary to meet ray needs, but I do,.:not have any property to sell or collateral to borrow against in order to receive a loan from a conventional lender. I have weighed all of the options available to me, including a sale of a lesser amount of the structured settlement amount, and I determined that selling my structured settlement payment rights to be the most efficient, and least expensive, way to raise the funds that I need to insure my future security. 8. Payment of debts: N/A 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 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 unworn falsification to authorities. Dated: oil _.- AM estner Exhibit H uaw uofeuII ua:4i (PAX) N.uuJ/uub , I . IN RFA JI RIFSTNER + 19TH JUDICIAL DISTRICT COURT • PARISH OF EAST BATON ROUGE a„� # STATE OF LOUISIANA KLIING DATE DEPUTY CLERK AMENDED 06ER APPROVING TRANSFER OF m3h= [ENT PAYWFM RIGHT This cause came betbre the Court pursuant to the Ex Parte Petition for Court Approval of a 7hwer of Structured Settlement Payment Rights,pursuant to LA.R.S.9:2715. The Court having reviewed the Petition, the Affidavit of 300 Priestneq and the exhibits attached thereto and Metropolitan Life Insurance Company ("Annuity Mauer') Metropolitan Property dt Casualty Laurance Company C Struc kned Settlement Oblige having no objection and being My advised In the petition,makes the fbilowQ findings of&ct and conclusions of law: 1. The proposed transfer complies with the requirements of-La R.S.9:2715 and does not contravene any Federal or State statute or the order of any court or responsible administrative authority,and is in the best-interest of the payee,taking into account the welfare and suppprt of the payee's dependents, 2. Priceto the data onwMchdwJ4Prleatnw("Payco')signed an Agreement for Sale of Struts tired Solamatt Payments C Tratshr Agreement"), Payee received indepenoput pfohsslonal advice regarding the legal,tax,and finaaoial implications of the transfer. 1 The disclosed to the payee the discounted present value. 4. ' Petitioner has served written notice, including it. uiame, address and taxpayer ideMiAc�tion atnmbt?c,on the Annuity Issuer and the structured Settletnent obligor mid has$led and served its Petition and Notice as required by I.A.R.S.9:2715 upon all intereitad parties)none of whom have objected to the transfer. All costs of court for filingithis Petition for transfer of structured settlement rights have been paid by Novation Capital, 5. The T ranslbr Agreemmt provides that the law governing any disputes between the Parties is the law of the State of Louisiana: 6. Venue is proper in this Court Band on the foregoing findings,it is hereby u�r troi�� a qi (PAX) Y.UU4/UUb r S . j ORDER'BD AND ADJUDGED that the Under of structured settlement payment rights from Pa J�Prlestner to Novation Capital,LLC and/or its Yom+ p1 assigns as deacn'bed in the Trandar Agreement Med with the Petition in dhia matter,is hereby approved,and no party to this proceeding shall hereafter refuse to honor this approved transfer. Pursuant to the approval of the transfer, Structured Settlement Obligor and Annuity Issuer are hereby directed to make and pay the transferred payments of the payments as follows:Lump sum payments as follows:$5,000.00 doe 1/31/2013; $6.500.00 due 1/31=16;58,500.01)due 1/31/21119;511,500.00 due 1/31/2022;to Blsbock Funding, LLC,8523363 regardless of whather Payee is living at the time the transferred payment is due,at the following address: Bisbock Pt>tu ft LLC 0523363 P.O.Bwt 10226S Atlanta,GA 30368-2265 Tax IN 304423811. or to any other address or payee sa designated by ghbock Pending,LLC and/or its assigns and sucaasors at RAY time In writing to.the Structured Settlement Obligor and Annuity Issuer without further order of this hurt. , FURTMM ORDERED AND ADJUDGED that neither Structured Settlement Obligor nor On Annuity haver shall have any liability to the Payee or to any other party for any payment made to Elsbock ftnfti&LLC in accordance with this Order. F1IRTRER ORDERED AND ADJUDGED that this Order is entered without prejudice to the rights of Structured Settlement Obligor and Annuity Issuer,and the Court makes no finding regarding the enforce ability of any Pion-assignment provisions contained in the original Settlement Agreement or related documents.T16 Order in no way modifies or negates the ownership or control of the underlying annuity contract between Structured Settlement Obligor and Annuity Issuer. U12iU0i.9UII LW:40 (hAX) N.UUS/UUS FURTHER ORDERED AND ADJUDGED that within 20 days of service of this Order, Annuity Issuer shall provide to Padjoner and Payee a written statement that it will comply with the terms of this Order and the Pay Ass)8ned Payments as set forth above • i I SiPW at Baton Rouse,Louisiana on this day of 2011. JUPGC-�� i Respecttiilly submitted: ! ]Am 0.Toerner;Ber A.23573 104 North Cypress'Street PO Box 2603 Hammond,Louisiana 70404 i (983)542-8299 (985)542-8419 fiat G: ► . Gl 1{. C•1 O �t:� i . i Exhibit I JACOBSON, JULIUS & McPARTLAND ATTORNEYS&COUNSELORS AT LAW LESLIE DAVID JACOBSON s 16o DERRY STREET,SUITE A CHAD J.JULIUS HARRISBURG,PA 17111-626o SCOTT McPARTLAND November 7, 2013 Phone:(717)909-5868 Fax:(717)909-7788 Metropolitan Life Insurance Company Metropolitan Property & Casualty Attn: Metlife Structured Settlement Insurance Company 2025 Leestown Road 2025 Leestown Road Lexington,KY 40511 Lexington,KY 40511 RE: Application of Novation Funding, LLC DBA Novation Capital for Approval and Authorization of the Transfer of Structured Settlement Payment Rights by J. Priestner Dear Sir/Madam: Pursuant 40 P.S. § 4003(a)(6),please be advised that Novation Funding, LLC DBA Novation Capital has entered into a transaction with the above referenced Annuitant. Said Annuitant is seeking to transfer certain payments under an annuity issued by Metropolitan Life Insurance Company and owned by Metropolitan Property & Casualty Insurance Company. The Commonwealth of Pennsylvania requires court approval for all such transfers. We are currently seeking that court approval. Pursuant to the Pennsylvania Statute,please note the following information about the transferee: Novation Funding LLC Novation Funding, LLC d/b/a Novation Capital #703057 1641 Worthington Road, Ste. 410 P.O. Box 102265 West Palm Beach, FL 33409 Atlanta, GA 30368-2265 Tax ID #: 46-0662843 Tax ID: 46-0662843 If you should have any questions or comments, please feel free to contact me at your convenience. Thank you and I remain lChad o s, lius c: Client J. Priestner www.Ijacobsonlaw.com r VERIFICATION I,Michael Daniore, Special Counsel for No va7►ahw5 , LLC, being duly authorized to make this verification,do hereby verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: l�l'T B Michael Damore COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND NOVATION FUNDING, LLC d/b/a NOVATION CAPITAL FOR APPROVAL OF TRANSFER PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT TRANSFER OF STRUCTURED PAYMENT RIGHTS SETTLEMENT PAYMENT RIGHTS CERTIFICATION OF ATTORNEY FOR THE TRANSFEREE NOVATION FUNDING,LLC d/b/a NOVATION CAPITAL I, Chad J. Julius, Counsel for Novation Funding, LLC d/b/a Novation Capital, hereby certify that to the best of my knowledge, information and belief, formed after reasonable inquiry, that the transfer will comply with the requirements of the Structured Settlement Protection Act and will not contravene any other applicable federal or state statute or regulation or the order of any court or administrative authority. Respectfully submitted, JACOBSON, JULIUS & MCPARTLAND Date: November 7, 2013 Ch\'adJ. Julius V209496 8150 Derry Street Harrisburg, PA 17111 Phone: 717.909.5858 FAX: 717.909.7788 Counsel for Novation Funding d/b/a Novation Capital - 7 - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND NOVATION FUNDING, LLC d/b/a NOVATION CAPITAL FOR APPROVAL OF TRANSFER PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT TRANSFER OF STRUCTURED PAYMENT RIGHTS SETTLEMENT PAYMENT RIGHTS NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Metropolitan Property & Casualty Insurance Metropolitan Life Insurance Company Company Attn: Metlife Structured Settlement j 2025 Leestown Road j 2025 Leestown Road Lexington, KY 40511 Lexington, KY 40511 I i Ruth Susnick J. Priestner Metropolitan Life Address withheld at Payee's request. j 27-01 Queens Plaza North—One MetLife Plaza i Long Island City,NY 11101 i You are hereby given notice that J. Priestner and Novation Funding, LLC d/b/a Novation Capital filed a Petition to Transfer Structured Settlement Payment Rights. A hearing in this matter has been scheduled for at am. in Courtroom at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. The payee shall bring income tax returns for the prior two (2) years to the hearing. You are entitled to support, oppose or otherwise respond to the payee's petition, either in person or by counsel, by filing written comments with the court prior to the hearing or by attending the hearing. Date: Chad J. Julius, PA ID# 209496 8150 Derry Street Harrisburg, PA 17111 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND NOVATION FUNDING, LLC d/b/a NOVATION CAPITAL FOR APPROVAL OF TRANSFER PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT TRANSFER OF STRUCTURED PAYMENT RIGHTS SETTLEMENT PAYMENT RIGHTS CERTIFICATE OF SERVICE The foregoing Notice of Hearing on Petition to Transfer Structured Settlement Payment Rights has been served upon the following interested parties via regular first-class mail, postage prepaid, this day of , 2013, addressed as follows: Metropolitan Property & Casualty Insurance Metropolitan Life Insurance Company Company Attn: Metlife Structured Settlement 2025 Leestown Road 2025 Leestown Road Lexington, KY 40511 Lexington, KY 40511 i Ruth Susnick J. Priestner Metropolitan Life Address withheld at Payee's request. 27-01 Queens Plaza North—One MetLife Plaza Long Island City,NY 11 101 Elizabeth Rhoades, Paralegal s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND NOVATION FUNDING, LLC d/b/a NOVATION CAPITAL FOR APPROVAL OF TRANSFER PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT TRANSFER OF STRUCTURED PAYMENT RIGHTS SETTLEMENT PAYMENT RIGHTS FINAL ORDER OF COURT On this day of , 2013, it is ordered that the Petition to Transfer Structured Settlement Payment Rights is granted. The court specifically finds that: (1) the payee has established that the transfer is in the best interests of the payee or the payee's dependents; (2) based on the certification by an attorney for the transferee, and the court having not been made aware of any statute, regulation, or order that would be incompatible with the proposed transfer, the transfer will not contravene any applicable federal or state statute or regulation, or the order of any court or administrative authority; (3) the transfer complies with the remaining requirements of the Structured Settlement Protection Act, including 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6); (4) the payments that are to be transferred are designated as follows: lump sum payment of$16,375.00 due on January 31, 2025 (the "Assigned Payment"). (5) Metropolitan Life Insurance Company, the Issuer, will remit the Assigned Payment to: a ' Novation Funding, LLC #703057 P.O. Box 102265 Atlanta, GA 30368-2728 Tax ID: 46-0662843 (6) the terms of this order shall survive the death of the payee and shall be binding upon the payee's heirs, beneficiaries, and assigns; (7) the payee shall receive from the transferee, within 10 days of the date of this Order, a transfer of Five Thousand Twenty Nine Dollars and Zero Cents ($5,029.00), from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: J COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND NOVATION FUNDING, LLC d/b/a NOVATION CAPITAL FOR APPROVAL OF TRANSFER PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT TRANSFER OF STRUCTURED PAYMENT RIGHTS SETTLEMENT PAYMENT RIGHTS CERTIFICATE OF SERVICE The foregoing Petition for Approval of Transfer of Structured Settlement Payments Rights has been served upon the following interested parties via certified mail, return receipt requested, and regular first-class mail,postage prepaid, this , day of , 2013 addressed as follows: Metropolitan Property&Casualty Insurance Metropolitan Life Insurance Company Company Attn: Metlife Structured Settlement 2025 Leestown Road 2025 Leestown Road Lexington, KY 40511 Lexington, KY 40511 Ruth Susnick J. Priestner Metropolitan Life Address withheld at Payee's request. 27-01 Queens Plaza North—One MetLife Plaza Long Island City, NY 1 l 101 Elizabeth Rhoades, Paralegal - 8 - ;Aulln it, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT -,'s i v OV 13 PH 2: 40 COMMONWEALTH OF PENNSYLVANIA ^r # �. 1 �-y CIVIL DIVISION G' [ B�.r + PENNSYLVANIA IN RE: PETITION OF J. PRIESTNER AND • Case No. 13-6624 NOVATION FUNDING, LLC d/b/a • NOVATION CAPITAL • FOR APPROVAL OF TRANSFER PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT • TRANSFER OF STRUCTURED PAYMENT RIGHTS • SETTLEMENT PAYMENT • RIGHTS PRAECIPE TO ADD TO THE PROTHONOTARY OF SAID COURT: Please add the attached Notice to the above captioned case. Thank you. JACOBSON,JULIUS & Mc ARTLAND Dated: November 12, 2013 By: Chad J. Julius ID # 209496 Attorney for Novation Funding, LLC 8150 Derry Street Harrisburg, PA 17111-5260 717-909-5858 • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND : Case No. 13-6624 NOVATION FUNDING, LLC d/b/a NOVATION CAPITAL FOR APPROVAL OF TRANSFER • PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT • TRANSFER OF STRUCTURED PAYMENT RIGHTS • SETTLEMENT PAYMENT • RIGHTS CERTIFICATE OF SERVICE The foregoing Petition for Approval of Transfer of Structured Settlement Payments Rights has been served upon the following interested parties via certified mail, return receipt requested, and regular first-class mail, postage prepaid, this 12th day of November, 2013 addressed as follows: Metropolitan Property&Casualty Insurance Metropolitan Life Insurance Company Company Attn: Metlife Structured Settlement 2025 Leestown Road 2025 Leestown Road Lexington,KY 40511 Lexington,KY 40511 Ruth Susnick J. Priestner Metropolitan Life Address withheld at Payee's request. 27-01 Queens Plaza North—One MetLife Plaza Long Island City,NY 11101 ` & tt & El beth Rhoades, Paralegal 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND NOVATION FUNDING, LLC d/b/a NOVATION CAPITAL FOR APPROVAL OF TRANSFER PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT TRANSFER OF STRUCTURED PAYMENT RIGHTS SETTLEMENT PAYMENT RIGHTS INITIAL ORDER OF COURT AND NOW on this day ofcf) b UOW► &Y 2013, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on 0 1 D o� q8lo-ij��,in Courtroom at ck at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. 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 pendent elite. 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. i BY ORDER OF THE COURT: C') 3"d CD �. j ch 3 ., C=, w C" J. cv C 3 y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND : Case No. 13-6624 NOVATION FUNDING, LLC d/b/a NOVATION CAPITAL FOR APPROVAL OF TRANSFER : PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT : TRANSFER OF STRUCTURED PAYMENT RIGHTS : SETTLEMENT PAYMENT : RIGHTS °-) rte( ' i PRAECIPE TO ADD `� w -o C TO THE PROTHONOTARY OF SAID COURT: `=' *P' -1 Please add the attached Notice to the above captioned case. Thank you. JACOBSON,JULIUS ; McPARTLAND Dated: November 18, 2013 //`f By: -Tad�`rr J. Ju us ID # 209496 Attorney for Novation Funding, LLC 8150 Derry Street Harrisburg, PA 17111-5260 717-909-5858 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND : NOVATION FUNDING, LLC d/b/a : No. 13-6624 NOVATION CAPITAL FOR APPROVAL OF TRANSFER : PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT : TRANSFER OF STRUCTURED PAYMENT RIGHTS : SETTLEMENT PAYMENT : RIGHTS NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Metropolitan Property& Casualty Metropolitan Life Insurance Company Insurance Company Attn: Metlife Structured Settlement 2025 Leestown Road 2025 Leestown Road Lexington, KY 40511 Lexington, KY 40511 Ruth Susnick J. Priestner Metropolitan Life Address withheld at Payee's request. 27-01 Queens Plaza North—One MetLife Plaza Long Island City,NY 11101 You are hereby given notice that J. Priestner and Novation Funding, LLC d/b/a Novation Capital filed a Petition to Transfer Structured Settlement Payment Rights. A hearing in this matter has been scheduled for January 10, 2014 at 9:30 a.m. in Courtroom 2 at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. The payee shall bring income tax returns for the prior two (2)years to the hearing. You are entitled to support, oppose or otherwise respond to the pa ee's petition, either in person or by counsel, by filing written comments with th- court prior to he hearing or by attending the hearing. /741 r Date: November 18, 2013 Chad J. J i i , PA ID# 209496 8150 Derry Street Harrisburg, PA 17111 Phone: 717.909.5858 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND : NOVATION FUNDING, LLC d/b/a � NOVATION CAPITAL • / e FOR APPROVAL OF TRANSFER ` PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT TRANSFER OF STRUCTURED PAYMENT RIGHTS SETTLEMENT PAYMENT RIGHTS INITIAL Om ER OF COURT AND NOW on this /�/ day of 2013, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on jb.txt.tay JO ,in Courtroom at 9,°.,3,6 //O'clock at the Cumberland County Courthouse, 1 Courthouse Square,Carlisle, PA 17013. 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 pendent elite. The transferee shall attach a certificate of service to the notice of hearing date. A copy of the notice with the certificate of service shall be filed with the court prior to the hearing. BY ORDER OF THE COURT: 7% if) Jy C3 CO w Q J. rti - 1 - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND : NOVATION FUNDING, LLC d/b/a : No. 13-6624 NOVATION CAPITAL FOR APPROVAL OF TRANSFER : PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT : TRANSFER OF STRUCTURED PAYMENT RIGHTS : SETTLEMENT PAYMENT : RIGHTS CERTIFICATE OF SERVICE The foregoing Notice of Hearing on Petition to Transfer Structured Settlement Payment Rights has been served upon the following interested parties via regular first-class mail,postage prepaid, this 18th day of November, 2013, addressed as follows: Metropolitan Property & Casualty Metropolitan Life Insurance Company Insurance Company Attn: Metlife Structured Settlement 2025 Leestown Road 2025 Leestown Road Lexington, KY 40511 Lexington, KY 40511 Ruth Susnick J. Priestner Metropolitan Life Address withheld at Payee's request. 27-01 Queens Plaza North—One MetLife Plaza Long Island City,NY 11101 141tittA, aka-C60 Eli beth Rhoades, Paralegal COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINETH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF J. PRIESTNER AND : NOVATION FUNDING, LLC d/b/a : No. 13-6624 • NOVATION CAPITAL FOR APPROVAL OF TRANSFER • PETITION FOR APPROVAL OF OF STRUCTURED SETTLEMENT : TRANSFER OF STRUCTURED PAYMENT RIGHTS • SETTLEMENT PAYMENT • RIGHTS FINAL ORDER OF COURT 1h On this 10 day of an, , 2014, it is ordered that the Petition to Transfer Structured Settlement Payment Rights is granted. The court specifically finds that: (1) the Payee, Jesse Priestner a/k/a J. Priestner, has established that the transfer is in the best interests of the Payee or the Payee's dependents; (2) based on the certification by an attorney for the transferee, and the court having not been made aware of any statute, regulation, or order that would be incompatible with the proposed transfer, the transfer will not contravene any applicable federal or state statute or regulation, or the order of any court or administrative authority; (3) the transfer complies with the remaining requirements of the Structured Settlement Protection Act, including 3(a)(2), 3(a)(4), 3(a)(5) and 3(a)(6); (4) the payments that are to be transferred are designated as follows: one lump sum payment of$16,375.00 due on January 31, 2025 (the "Assigned Payment"). (5) Metropolitan Life Insurance Company, the Issuer, will remit the Assigned Payment to: Novation Funding, LLC #703057 P.O. Box 102265 Atlanta, GA 30368-2728 Tax ID: 46-0662843 (6) the terms of this order shall survive the death of the Payee and shall be binding upon the Payee's heirs, beneficiaries, and assigns; (7) the Payee shall receive from the transferee, within 10 days of the date of this Order, a transfer of Five Thousand Twenty Nine Dollars and Zero Cents ($5,029.00), from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: \\1\1\,. \\) ✓aid Jai, rn ✓3e55e Pri S' ne T' Epics "wen ��Ao/,v dkt