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HomeMy WebLinkAbout14-5093Maro & Maro, P.C. By: Robert A. Maro, Esquire Attorney I.D. No. 89585 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 OFt KO fax: 2J CUI j8E 'L •1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW RE: Joint Petition of Peachtree Settlement Funding, LLC and Amy Wright• : Docket No. PETITION FOR CONSENT AND COURT APPROVAL TO PROCEED WITH A TRANSFER OF A STRUCTURED SETTLEMENT PAYMENT RIGHTS PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ. AND NOW comes your Petitioner, Peachtree Settlement Funding, LLC., by and through its attorneys, Maro & Maro, P.C. and Joint Petitioner, Amy Wright, and in accordance with the applicable rules of 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, 2nd Floor, Boynton Beach, FL 33426. 2. Joint Petitioner is, Amy Wright ("Payee"), an adult individual who resides in the County of Dauphin, 1936 Franklin Avenue, Harrisburg, PA 17109. 3. An annuity was purchased on behalf of Amy Wright and approved by this Honorable Court. 4. Pursuant to the terms of the Annuity, Joint Petitioner, Amy Wright, was to periodic monthly payments from a structured settlement annuity issued by Metropolitan Life Insurance Company and owned by Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. (Collectively referred to as "Metropolitan"). 5. Joint Petitioner, Amy Wright currently resides in the County of Dauphin and jurisdiction is proper in that County at this time. A Petition for transfer of structured settlement has been filed in Dauphin County Court of Common Pleas and is attached hereto, incorporated herein and marked Exhibit "A". 6. This consent petition is being filed in Cumberland County, PA in compliance with 40 P.S. §4003(a)(5)(i)(B) of the Pennsylvania Structured Settlement Protection Act, which provides that if the transfer would contravene the terms of the structured settlement that the transfer be expressly approved in writing by the court that previously approved the structured settlement - - which is the Court of Common Pleas of Cumberland. 7. Joint Petitioners are seeking the express written approval of the Cumberland Court of Common Pleas pursuant to 40 P.S. § 4003(a)(5)(i)(B), so that Amy Wright may enter into and proceed with transfers of structured settlement in the County in which he is domiciled. 8. Joint Petitioners aver that upon the obtaining of approval by the Cumberland County Court of Common Pleas in accordance with 40 P.S. §4003(a)(5)(i)(B), Petitioner Amy Wright shall be permitted to proceed with transfers of structured settlement in the county in which he is domiciled and that Metropolitan will supply a Stipulation and/or Order in connection with the Petition for Transfer of Structured Settlement and not oppose same. 9. No prejudice would be borne by this Honorable Court in granting the requested relief. 10. Joint Petitioners are not requesting the Cumberland Court of Common Pleas to conduct a best interests hearing, rather they are simply requesting the Cumberland Court of Common Pleas to give approval and consent to Amy Wright to proceed in the County where she is domiciled with transfers of structured settlement. It is at the hearing in the County where Amy Wright is domiciled that a judge will hear the merits of the actual case and decide whether or not to approve the transfer of structured settlement. WHEREFORE, Petitioners, Peachtree Settlement Funding, LLC. and Amy Wright, respectfully requests that this Honorable Court enter the relief requested in the proposed Order of Court which is attached hereto so that Petitioner, Amy Wright is permitted to proceed with transfers of structured settlement in the County in which she is domiciled. Respectfully submitted, Maro & Ma By: RG :_.; T'•r./MARO, ESQUIRE ounsel for Peachtree Settlement Funding, LLC. 1115 W. Main Street Norristown, PA 19401 610-275-9600 VERIFICATION I, Lori Borowski, Vice President of Peachtree Settlement Funding, LLC, have read the foregoing Joint Petition to Transfer Structured Settlement Payment Rights and 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 unsworn fRlsification to authorities. g Z7-70ty Date Maro & Maro, P.C. By: Robert A. Maro, Esquire Attorney I.D. No. 89585 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW RE: Joint Petition of Peachtree Settlement : Docket No. Funding, LLC and Amy Wright CERTIFICATE OF SERVICE I, Robert A. Maro, Esquire, certify that I caused to be served a true and correct copy of the foregoing PETITION FOR CONSENT AND COURT APPROVAL TO PROCEED WITH A PARTIAL TRANSFER OF A STRUCTURED SETTLEMENT PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, via First Class, postage pre -paid United States mail, upon the following: To: Metropolitan Life Insurance Company Peachtree Settlement Funding, LLC Structured Settlements 3301 Quantum Boulevard, 2nd Floor MRMR Boynton Beach, FL 33426 2025 Leestown Road, Suite J Lexington, KY 40511 Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. MRMR 2025 Leestown, Road, Suite J Lexington, KY 40511 Attn: Structured Settlements DATE: Ls' %7�( Amy Wright 1936 Franklin Avenue Harrisburg, PA 17109 Maro & Maro, P.C. By: Robert A. Maro, Esquire Attorney I.D. No. 89585 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW RE: Joint Petition of Peachtree Settlement : Docket No. Funding, LLC and Amy Wright 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. By: Respectfully Submitted: Maro & Maro, P.C. ro, Esquire ttorne I.D. No 89585 Maro & Maro, P.C. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600(office) (610) 275-9666(Fax) EX B GG /\" Supreme C Con The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other paprs as required by law or rules of court. Commencement of Action: 0 Complaint 0 Writ of Summons Petition D Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: Lir-15k ). Lead Defendant's Name: 141 1 1)- 1 1 Are money damages requested? 0 Yes al -No Dollar Amount Requested: 0 within arbitration limits (check one) 17;loutside arbitration limits Is this a Class Action Suit? 0 Yes OrNo Is this an MW Appeal? a Yes RNo Robert A. Maro, Esquire Attorney ID 89585 Name of Plaintiff/Appellant' s Attorney: 0 Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) TORT (do not include Mass Tort) 0 Intentional 0 Malicious Prosecution Motor Vehicle Nuisance CI Premises Liability O Product Liability (does not include mass tori) 0 Slander/Libel/ Defamation Other. MASS TORT • Asbestos O Tobacco O Toxic Tort -DES 0 Toxic Tort - hnplaut 0 Toxic Waste o Other: PROFESSIONAL LIABLITY Dental O Legal O Medical CI Other Professional: CONTRACT (do not include Judgments 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other CIVIL APPEALS Administrative Agencies 0 Board of Assessment 0 Board of Elections Dept. of Transportation Ci Statutory Appeal: Other O Zoning Board 0 Other: REAL PROPERTY Ci Eje,ctment Eminent Domain/Condemnation Ci Ground Rent CI Landlord/Tenant Dispute O Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial O Partition 0 Quiet Title CI Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration D Declaratory Judgment RMandamus Non -Domestic Relations Restraining Order 0 Quo Warranto a Replevin ;la Other: Petition for Partial Transfer of Structured Settlement. Updated VI/2011 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 DAUPHIN COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement Funding, LLC and Amy Wright NO: NOTICE OF HEARING ON PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS To: Metropolitan Life Insurance Company Structured Settlements MRMR 2025 Leestown Road, Suite J Lexington, KY 40511 Peachtree Settlement Funding, LLC 3301 Quantum Boulevard, 2"d Floor Boynton Beach, FL 33426 Amy Wright Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. MRMR 2025 Leestown, Road, Suite J Lexington, KY 40511 Attn: Structured Settlements You are hereby given notice that Peachtree Settlement Funding, LLC has filed a petition to transfer structured settlement payment rights. A hearing in this matter has been scheduled on , 2014 at o'clock in courtroom no. courthouse, Dauphin County Court of Common Pleas, Pennsylvania. 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. The Name, Address and Tax Identification number of the transferee is Peachtree Settlement Funding, LLC. 3301 Quantum Boulevard, 2"d Floor, Boynton Beach, FL 33426, Tax I.D. No. 45-2795843. Date g;7 -r BY: rt A.squire Attorney for Peachtree Settlement Funding, LLC. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 (610) 275-9666(facsimile) IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement NO: Funding, LLC and Amy Wright INITIAL ORDER OF COURT On this day of 2014, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on 2014, in Courtroom at 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. BY THE COURT: J. Metropolitan Life Insurance Company Peachtree Settlement Funding, LLC Structured Settlements 3301 Quantum Boulevard, 2❑d Floor MRMR Boynton Beach, FL 33426 2025 Leestown Road, Suite J Lexington, KY 40511 Amy Wright 1936 Franklin Avenue Metropolitan Tower Life Insurance Company Harrisburg, PA 17109 a/k/a MetLife Tower Resources Group, Inc. MRMR Robert A. Maro, Esquire 2025 Leestown, Road, Suite J 1115 W. Main Street Lexington, KY 40511 Norristown, PA 19401 Attn: Structured Settlements Attorney for Peachtree IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement NO: Funding, LLC and Amy Wright FINAL ORDER OF COURT On this Day of , 2014, it is ordered that the Petition to Transfer of 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 statue 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 Sections 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: A) 144 monthly payments of $500.00 each, beginning on June 1, 2021 and ending on May 1, 2033. the terms of this order shall survive the death of the payee and shall be binding on the payee's heirs, beneficiaries and assigns; the payee shall receive from the transferee, within ten (10) days from the date of this Order, the amount of $14,000.00, from which no funds are owed for counsel fees, administrative fees, or other costs, fees or expenses. BY THE COURT: J. Metropolitan Life Insurance Company Peachtree Settlement Funding, LLC Structured Settlements 3301 Quantum Boulevard, 2nd Floor MRMR Boynton Beach, FL 33426 2025 Leestown Road, Suite J Lexington, KY 40511 Amy Wright 1936 Franklin Avenue Metropolitan Tower Life Insurance Company Harrisburg, PA 17109 a/k/a MetLife Tower Resources Group, Inc. MRMR Robert A. Maro, Esquire 2025 Leestown, Road, Suite J 1115 W. Main Street Lexington, KY 40511 Norristown, PA 19401 Attn: Structured Settlements Attorney for Peachtree 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 DAUPHIN COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement NO: Funding, LLC and Amy Wright JOINT PETITION FOR PARTIAL TRANSFER OF STRUCTURED SETTLEMENT PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ. 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, Amy Wright, 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, 211d Floor, Boynton Beach, FL 33426. 2. Joint Petitioner is, Amy Wright ("Payee"), an adult individual who resides in the County of Dauphin, 1936 Franklin Avenue, Harrisburg, PA 17109. 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. 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 "1"; 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 the Petition. 5. Joint Petitioner, Amy Wright, is the beneficiary of an annuity owned by Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. and issued by Metropolitan Life Insurance Company. The structured settlement provides payment to the petitioner as described on Attachment/Exhibit "2". 6. Joint Petitioner, Amy Wright, 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, Amy Wright, proposes to enter into a purchase agreement with Peachtree Settlement Funding, LLC., its nominees, successors, or assigns, whose address is 3301 Quantum Boulevard, 2nd Floor, Boynton Beach, FL 33426, who will purchase the following from Petitioner's structured settlement as follows: A) 144 monthly payments of $500.00 each, beginning on June 1, 2021 and ending on May 1, 2033. 8. The structured settlement is currently owned by Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. and issued by Metropolitan Life Insurance Company, and the net amount in return payable to Amy Wright is $14,000.00 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 $14,000.00. 10. Based on the net amount that the payee will receive from this transaction $14,000.00 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 14.68% per year. 11. The Buyer furnished Amy Wright 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 Amy Wright 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 "5". 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 no minor children. Joint Petitioner is transferring a partial amount of the structured settlement. Joint Petitioner has no vehicle which limits her ability to obtain employment. The purpose of this transfer is to assist petitioner with obtaining a reliable vehicle that will enable her to get to and from work and to and from daily appointments. Further, Petitioner has some outstanding medical debt that needs to be paid off which petitioner will do with this money. Petitioner and her husband have thought about this transfer thoroughly and believe that this transfer is in their best interest. 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. 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. Respectfully Submitted: Bv: o, Esquire Attorney fo Peachtree Settlement Funding, LLC VERIFICATION I, Lori Borowski, Vice President of Peachtree Settlement Funding, LLC, have read the foregoing Joint Petition to Transfer Structured Settlement Payment Rights and 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 unsworn falsification to authorities. `-. 2 ? - zn 141 Date 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 relating to unsworn falsification of authorities. Date M • • , Esquire Attorney fo 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 DAUPHIN COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement Funding, LLC and Amy Wright • NO: 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: Metropolitan Life Insurance Company Structured Settlements MRMR 2025 Leestown Road, Suite J Lexington, KY 40511 Peachtree Settlement Funding, LLC 3301 Quantum Boulevard, 2nd Floor Boynton Beach, FL 33426 Amy Wright Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. MRMR 2025 Leestown, Road, Suite J Lexington, KY 40511 Attn: Structured Settlements Dater ),7 y aro squire Attorney for ' eachtree 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 DAUPHIN COUNTY, PENNSYLVANIA RE: Joint Petition of Peachtree Settlement NO Funding, LLC and Amy Wright 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 & Maro, P.C. , squi Attorney I.D. No 8958 Maro & Maro, P.C. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600(office) (610) 275-9666(Fax) ATTACHMENT/EXHIBIT "1" I, Amy Wright, Payee's Affidavit in Support of etition to Transfer Structured Settlement Rights payee, verify that the statements below are true and correct: Payee's name, address and age: Amy Wright, Dauphin County, Pennsylvania. 1. Marital Status: ever Married; X Married; Separated; Divorced married or separated, name of spouse: N/A 2 Minor Clfldren and other dependents: N 3. Income I an currently unemployed and actively seeking work 4. Child stport, alimony or alimony pendente lite: Ohtion to pay: Yes X No If yes, stat the amount of the obligation, to whom payable, and whether there are arrearagesbone 5. Previoul transfers: See Exhibit "A" Have you ously filed a petition to transfer payment rights under the structured!aettlement that is the subject of this petition? X Yes t 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: If the transfer was approved, Amy L. Wright and (listing due dates and payment ount(s)) the payments involved in the transfer: State the amount of money and the manner in which the money was used: (c) Have you ever transferred payments without court approval? If so, please explain: No 6. Reasons ' ransfer: I want to the money to purchase a reliable used vehicle and to pay off my medical d ht This will help me get out of debt and to get around. 7. Payment i`debts: If you seek tie transfer in order to pay debts, list each debt, including the name of the creditor and the amount presently owed: D Creditor Amount Owed Medical debt $3,000 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 unswom falsification to authorities. DATED AnyVright . - bZ'd 996L-069-LlL Aid cps d9Z:10blblant/ PRIOR APPROVALS Purchase Date Puree Price • Court Order, Pre- Act or Wrap Court Order or Purchase Agreement & Exhibit A Attached 05/17/2011 $75, .00 Court Order See Attached j DENIALS Denial Date N/A i ayments Purchased May 13 11 04:11p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA- CIVDIVISION c IL m =rn � INNBE: AMY L. WRIGHT A/K/A AMY WRIGHT PETITION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIG Civil Docket No.2011-3420 FINAL ORDER OF COURT p.1 cy zA GJ W On this 13th day of May, 2011, it is ordered that the Petition to Transfer Structured Settlement Payment Bights is granted. The Court hereby finds as follows: 1. The Payee, Amy L. Wright a/k!a Amy Wright, has established the transfer is in the best interests of the Payee and the Payee's dependents, tatting into account the welfare and support of the Payee's dependents, if any. 2. Based on the certification by an attorney for the Transferee, Settlement Funding, LLC, 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 federal or state statute or regulation, or the order of any court or responsible administrative authority. 3. The transfer complies with the remaining requirements of the Structured Settlement Protection Act, including Sections 3(a)(2), 3004), 3(a)(5) and 3(a)(6). 4. The payments that are to be transferred are designated as follows: monthly payments each in the amount of $1,104.08 commencing on June 1, 2011 through and including January 1, 2012 and monthly payments each in the amount of $1,126.16 commencing on February 1, 2012 increasing 2.00% every 12 payments through and including May 1, 2021 (the "Assigned payments"). TRtti. cir r baldtolusume+ �°okiOri i+ arg Oki �my_ry This..1.end the 3 ifitthwi et► Q -1rnrrl .66 Op -n May 13 11 04:12p 5. The terms . f this order shall survive the death of the Payee and shall be binding on the Payee's he beneficiaries and assigns. 7C'_p,c 6. The Payee shall receive from the eree the gross amount of (..t+ G► 70'x, 8'©a , 7. The Ann ty Owner is MetL' ower Resources Group, Inc. and the Annuity Issuer is p.2 Metropo ' an Life Insurance Company. Annuity Owner and Annuity Issuer shall send the Assigned ayments to Settlement Funding, LLC at P.O. Box 116476, Atlanta, GA 30368-64 6 or to any such other address as designated by Settlement Funding, LLC. 8. Aunuity ; • er and Annuity Issuer are ordered to issue a formal acknowledgement letter confirmin the tens of this transfer within ten (10) days of the date of receipt of this Order. a formal acknowledgement letter shall be sent to Settlement Fending, LLC at 3301 Q Blvd., 2°a Floor, Boynton Beach, FL 33426. 9, This is a " • = ified Order" pursuant to 26 U.S.C. Section 5891, et seq. J. ATTACHMENT/EXHIBIT "2" May 13 2011 9:OOAM HP LASERJET FAX 1 MetLife Insurance Company US Business — Annuity & Investment Operatlons PO Box 1471©• Lexington, KY 40512-4710 Facsimile: 1-859-825-6700 April11, 2011 Amy L. Wright 407 N Walnut Street Mechanicsburg PA 17055-3379 J RE: Annuitant: Amy L. Wright Annuity #: 8805ZEPS . _. Ofr-der: Metllfe T©vvef Ilestinicee Dear Ms. Wright: rou p.1 MetLife Enclosed please find a copy of the above referenced certificate detailing payments you are entitled to as payee. The Description of Benefits is listed on theCertificate. Your current monthly payment is $1,104.08. Please keep this certificate in a safe place for future reference. Metllfe Tower Resources Group, Inc. owns this structured settlement referenced above. All rights incident of ownership of this annuity reside with the owner. Please be advised that in order to obtain a copy of the settlement agreement or any other legal document regarding your annuity, you will need to contact the attorney who settled the case or the court where the case was settled THIS IS A STRUCTURED SETTLEMENT ANNUITY AND CANNOT BE ASSIGNED OR USED AS COLLATERAL ON A LOAN. PAYMENTS CANNOT BE ACCELERATED, DEFERRED, INCREASED OR DECREASED. THIS IS A TAX FREE BENEFIT WITH NO CASH PROVISION OR SURRENDER VALUE ALLOWED. Should you have further questions,. please call our Customer Sales and Service Group Monday through Friday, 8:00 AM to 11:00 PM Eastern Time, toll-free at 1-800-638-2704 and a Customer Service Representative will be happy to help you. Sincerely, Structured Settlements Unit 1ga . Enclosure DCN: 110406007700 INVE ATTACHMENT/EXHIBIT "3" Account ID: 550876 Please complete and sign. STATEMENT OF PROFESSIONAL REPRESENTATION Please Choose Either Box A OR Box B Below. After you have made your choice, SIGN AND DATE the appropriate box signature line. YOU SHOULD SIGN ONLY ONE BOX — THE BOX YOU HAVE CHOSEN. A. I HAVE BEEN ADVISED BY PEACHTREE SETTLEMENT FUNDING, LLC ("PTSFNV") THAT I SHOULD OBTAIN INDEPENDENT PROFESSIONAL REPRESENTATION CONCERNING THE LEGAL, TAX AND/OR FINANCIAL IMPLICATIONS OF TRIS TRANSACTION. 1 FULLY UNDERSTAND THE PURCHASE AGREEMENT AND THE IMPLICATIONS OF TIM TRANSFER, INCLUDING THE TAX RAMIFICATIONS OF nix TRANSFER AND I DO NOT WISH TO SEEK OUT SUCH INDEPENDENT PROFESSIONAL REPRESENTATION. AMY tT �� J-4'- . .0-6/7 I HAVE OBTAINED INDEPENDENT REPRESENTATION AND I FULLY UNDERSTAND THE LEGAL, TAX AND/OR FINANCIAL IMPLICATIONS OF THE TRANSACTION, THE PURCHASE AGREEMENT AND TIIE RELATED DOCUMENTS. I WAS NOT REFERRED TO MY PROFESSIONAL ADVISOR BY PTSFNV. THE NAME OF MY PROFESSIONAL ADVISOR IS SET FORTH BELOW: AMY WRIGHT Date To Be Complexed By Cer.lfied Professional.-tdvisor Only 4f you have signed Box B Above Name of Professional: Phone Number: i� Address. Attorney ID # I have personally met with and provided independent professional aleicc w in respect of the Purchase Contract with PTSFN V and the transaction comemplated thereby. Amy Wright was referred to the by the Professional's Signature Dae 390-pago Wel 6£'d gelL-06s-L1L t'POt PracI1ro SatL,7.:knrF'%ndu .LIC kid clog d££:l0blb6Bny ATTACHMENT/EXHIBIT "4" PURCHASE CO Account 101 550876 This is a Purchase Contract ("Contract') for the sale of structured settlement payments between Amy Wright (You, Your), and Peachtree Settlement Funding, LLC (We, Us, Our) 3993 Howard Hughes Parkway, Suite 204, Las Vegas, NV 89169-6754. GENERAL INFORMATION A. In comection 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 schedule. B, Those Settlement Payments are being paid to You from an annuity policy ("Annuity Policy") purchased by the Person responsible for making the Settlement Payments to You ("Obligor"). C. Rather than waft for the Settlement Payments to be made to You in the future, You want to sell all or some of those Settlement Payments ("Purchased Payments") to Us now for a lump sum. D. THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICii YOU SHOULD READ CAREFULLY, AS 17 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. j ALE OF THE PURCHASED pAYMENTS A. Upon the signing of this Contract and subject to certain conditions inducting Court Approval, You sell, transfer and . 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 undermittng requirements, Court Approval and satisfactory completion of the Closing Documents. We will do this in exchange for You: C112r12 « selling the Purchased Payments to Us; • changing the benefidary of the Annuity Policy bo Your eskate and not changing it again until We have been paid all of the Purchased Payments; • having any current beneficiaries waive their rights to the Purchased Payments; and • fuifdiing Your promises under this Contract. i i 20-1 P adttr+ee Settttment Funding, _L^. LZ'd 991.L-069-LlL tidclog dLZ:40VI, VI, any Account ID: 550676 If We are buying only a portion of Your payments, this will have no effect upon Your rights in the unsold portion. You 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 so, We will then forward the portion of the payment stip due to You and You hereby agree to this payment servicing arrangement 2. PURCHASE PRICE A. The Gross and Net Purchase Prices are shown on the Disclosure Statement and are fair and acceptable to You and Us. 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, ifappiimble: • Purchased Payments Owed to Us — The Lssuer may have already paid You some of the Purchased Payments before We have paid You for them. If that happens, We win deduct the amount of those Purchased Payments. • Holdbacks — Due to possible delays in the Issuer beginning to make the Purchased Payments to 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 Date. 2f We subsequently receive those particular Purchased Payments directly, We will return the amount of any related hotdbadc 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 authority 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 wit immediately contact Us. If We then determine that any deductions or holdbacks as set forth above are not enough to reimburse Us, We wall advise You of the amount You owe Us. You agree to Immediately send that amount to Us by bank or certified check. 3. DEFINED WORDS Certain words used In this Contract have the specific meanings shown below. Affiliate An entity controlled by, controlling, or under common control with, another entity. Annuity Policy The pokey purchased by the Obligor to ensure that the Settlement Payments are made to You as required by the Settlement Agreement. Closing Documents Pate 07;12/12 2011 Peachtree Settlement funding, LLC gZ'd 98IL-069-LLL Ai qo9 d8Z:LOt7 tri BEN Account ib 550876 Any documents necessary to carry out the purchase of the Purchased Payments, other than the "Contract or Contract Documents" 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 the number of days stated at the end of Your Disclosure Statement for waiting has passed, You will have no obligation under 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 Purdiased Payments to Us f"CourtApproval" ). Disdosure Statement • The document which Identifies for You, the Purchased Payments, expenses, Purchase Price and various other disclosures. Encumbrance Any deim, right, Ren, poky ban, or restriction. In addition, this includes any limits on rights of ownership (such as the use, voting, transfer, receipt of income, etc.). Funding Date The date We pay You the Net Purchase Price. Issuer The insurance company that sued 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 Only those certain payments that We are purchasing from You under this Contract. Purchase Price: Cross Purchase Price The amount shown as the "gross amount payable to the seller (You)u an the Disclosure Statement This Is the sum We have agreed to pay You before any deductions as setforth In the Contract Documents. Net Purchase Price Page 3 (,7/12,12 .) 2011 Peachtree Settlement Funding, LLC 6Z'd 99U -069-L14 r(rd4oe d9Z:10bI.blBnd Account 10: 550876 The amount shown as the "net amount payable to the seller (You)" on the Disclosure statement. This Is the sum We have agreed to pay You aftereny 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 or Closing Documents may refer to Us as the purchaser. You or Your The Person roamed on thls Contract's first page. Some of the Contract Documents or Closing Documents may refer to You as the seller. 4. YOUR REPRESENTATIONS ANP WARRANTIES You represent and warrant to Us the following: A. You understand that THIS ISA SALE AND NOT A LOAN. t3. The Annwiy Policy is in full force, You are the sale and undisputed redolent of the right to the Purchased Payments have the right to sell them free and clear of any Encumbrances and have not previously sold any of the Purchased 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 obtain 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 Closing 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 Poicy's beneficiary. F. Either: • You have never filed for bankruptcy, wig not do so before the Funding Date and there are no lawsuits or efforts by any &Your creditors to put You Into bankruptcy or bake any of the Purchased Payments; or Page 4 07/12/52 2015 •veaulteee Settlement Funding, LLC 0£"d 99 14-069-L LL tie qoe d6Z: l0 b l b . end ee Account ID: 550876 • If You filed for bankruptcy, the Purchased Payments were not subject to the datms of Your creditors. You 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 canrely on Your representations, warranties, and promises in this Contract. These representations, warranties, and promises are for Our benefit and the benefit of any future owners of the Purchased Payments. You understand that Our relance on any intentional misrepresentation by You may result in Our enforcing Our rights against You in court 11. 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 mind, not under the influence of drugs or alcohol, and freely and voluntarily, enter into this Contract and agree to all of 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 Contract with You prior to You' execution of this Contract You have also explored ad appropriate financial options before entering Into this transaction. 3. We did not provide tax, finandal, or legal advice to You about this Contract and have advised You that We may not refer You to any specific attorney for such purpose. K. If You are married, Your spouse understands all of the terms and oonditk ns of this Contract including, but not limited to the fact that, aft the Funding Date, You (and Your spouse) will not receive the same amount of money on the same payment schedule as You would have received under the Annuity Polky. Your spouse has been provided with all Information relating to the transaction and has had every opportunity to review the terms of the transaction and to 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 right to the duties You owe Us under this Contract. This includes the right to make a claim against You for violating any of the representations, warranties, or promises You made in this Contract. S. YOUR PROMISES TO US Before and atter the Funding Dater 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. 07/12112 Page S 1011 Peachtree Settlement Funding, LLC £'d 981L -069 -LLL kid qo8 d6Z: LO PI, VI. Bny Account ID: 550876 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 Contract. 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 of the Purchased Payment sy 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. You will also update any documents and Information so they wll 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 will confirm the accuracy of Your representations and warranties` You must cooperate with this confirmation and provide complete access to any Intonation 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 owe You under the terms of this Contract, after receipt and approval of the Closing Documents, final underwriting approval and Court Approval. Under no circumstances will We be liable for any consequential damages. R. 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 also give Us futi authority to act in any way proper and necessary to exercise this Attorney In Fact appointment Including, but not limited to: (1) negotiating, endorsing and executing checks, drafts and other instruments in Your name; and (2) instituting, maintaining, oompromeing, settling and terminating any litigation or other proceedings related to the Purchased Payments. This power of attorney Is coupled with an Interest and shall survive death or disability. 6. £ANCELLATION W( 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 fated into bankruptcy. mil v12 sane C + 2011 Peac7ttreR 5a:ttlernent Funding, tit Z£"d gilLL-069-LLL A -1J qo8 d6Z: 1.0 tr i f3ny r - i Account ID: 550876 F. You die. G. Final approval has not been given by Our underwriting department. N. The Purchase Contrail is not signed by You and received back by Us by September 28, 2014. I. A major rating agency downgrades the Issuer's credit rating. 3. The Issuer is, or becomes insolvent, or under regulatory supervision, K. With respect to A through J above, to the extent permitted by applicable law, the arbitration provision in Section 10 of this Contract shall survive the termination, canceilatlon or resdsslon of this Contract. 7. CANCELLATION BY YOU A. (1) YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION AT ANY TIME WITHIN FIVE (5) BUSINESS DAYS AFTER THE DATE YOU RECEIVE PAYMENT HEREUNDER FROM US. IN ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST SEND A NOTICE POSTMARKED AT ANY TIME WITHIN FIVE BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HEREUNDER FROM US (This is the rescission period). (2) YOUR NOTICE IS TO BE SENT EITHER BY CERTIFIED OR REGISTERED MAIL (RETURN RECEIPT REQUESTED) OR FEDEX OR ANOTHER MAIOR OVERNIGHT DELIVERY SERVICE. THE NOTICE MUST INCLUDE A BANK OR CERTIFIED CHECK MADE PAYABLE TO US, IN THE FULL AMOUNT RECEIVED BY YOU. YOUR NOTICE MUST BE SENT TO: Peachtree Settlement Funding, LLC Attention: Manager of Operations 3993 Howard Hughes Parkway, Suite 204 Las Vegas, NV 09159-6754 5. GEORGIA RESIDENT: YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO 5:OO 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 OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, OR AT ANYTIME WITHIN FIVE (5) BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HERE UNDER FROM U5, WHICHEVER EVENT OCCURS LAST (This is the Georgia rescission period). IN ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST SIGN THE ENCLOSED "NOTICE OF CANCELLATION RIGHTS" FORM AND MAIL OR DELIVER IT TO US AS SPECIFIED IN THAT NOTICE AND YOU MUST RETURN ALL AMOUNTS (PURCHASE PRICE OR OTHERWISE) RECEIVED BY YOU ACCORDING TO THE REQUIREMENTS OF 7 (A) (2) ABOVE. C. WEST VIRGINIA RESIDENTS: IN ORDER FOR YOUR CANCELLATION TO BE EFFECTIVE, YOUR NOTICE 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 SHALL BE RESPONSIBLE FOR THE FaING FEE AND ANY GUARDIAN AD LITEM FEES. D. With respect to A through C above, to the extent permitted by applicable law, the arbitration provision in Section 10 of this Contract shalt survive the termination, cancellation or rescission of this Contract :)age 7 07/12/12 6 2011 Peachtree Setaernent Funning, LLC ££'d 99LL-o69-L LL kid goe dO£:l0bltiBny Account ID: 550676 ee A. All notices about this Contract must be in writing. 8. All notioes must be sent ether by: (1) certified or registered mall (retum receipt requested); or (2) FedBc or another major overnight delivery service with a delivery tracking system and are considered given when delivered as follows: If to You: to the most recent address for You listed In Our Ales. If to Us: to the address listed In Section 7(A) (2) of this Contract 9. mews OF DEFAULT You will be In default if You: A. fail to comply with any terns or condWUons of this Contract; or B. breach any of Your representations, warranties and promises In this Contract. 17 You are In default, even If You have not rejected the arbitration provision (see Section 10 of this Contract), We have the right to enforce Our rights against You In court to make You perform Your promises or to get money from You. If We sue You in Court in connection with a Claim that Is subject to arbitration under the arbitration provision in Section 10 of this Contract, and You have not rejected the arbitration provision, You will have the option of remaining In court or seeking to compel arbldation of that Claim under the terms of the arbitration provision. 10, ARBITRATION PROVISION To the ectent permitted by applicable law, You and We agree to the following arbitration provision. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION PROVISION AS SET FORTH BELOW. If You do not reject 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) participate in a Bass action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited In arbitration than in court end other rights In court may be unavailable or limited in arbitration. Claims Subject to Arbitration. A "Claim" subject to arbitration is any dalm, dispute or controversy between You and Us (other than an Bcduded Claim or Proceeding as set forth beim), whether precasting, present or future, which arses out of, or relates to the Contract, the negotJatbns 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 dalms, 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 daims for money damages and injunctive or declaratory ref+ef. Upon the demand of You or Us, Clalm(s) will be resolved by individual (not lass or class -wide) binding arbitration in accordance with the terms specified In this arbitration provision. Special Definitions. Solely for purposes of this arbitration provision, in addition to the meanings set forth in this Contract': (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. 6tduded Cairn or Proceeding. Notwithstanding the foregoing, "Claim" does not Include any dispute or controversy about the validity, enfareability, coverage or scope of this arbitration: provision or any part thereof (including, without limitation, the "Class Action Waiver" set forth below and/or this sentence); all such disputes or controversies are for a court and not en arbitrator to decide. Nowever, any dispute or controversy that concems the validity or enforceability of the Contract as a whole Pace If 0?/12112 C.; 2011 Pealhtme Settlernmt Funding, LLC b£'d 994L -069-L 4L ticlog d0£: 40 V 41r4 Bny . ee Account 10: 550876 is for the arbitrator, not a court, to deride. In addition, We wilt not require You to arbitrate any individual action brought by You in small claims court or Your state's equivalent court, unless such action is transferred, removed, or appealed to a different court. Federal Arbitration Act. Notwithstanding any other provision in thisContract, You and We agree that this Contact evidences a transaction involving interstate commence and that the Federal Arbitration Act (Tide 9 of the United States Code) ("FAA") shall govern its interpretation and enforcement and proceedings pursuant thereto. To the extent state law is applicable under the FAA, the law of the state of Your domicile (where You regularly reside on the Contrail Date) shah apply. Class Action Waiver. Notwithstanding any other provision of this Contract, if a Claim is arbitrated, neither You nor We will have the right: (a) to participate In a class action, private attorney general action or other representative action in court or in arbitration, either as a doss representative or class member, or (b) to join or consolidate Claims with claims of any other Persons. No arbitrator shall have authority to conduct any arbitration In violation of this provision (provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a lass of borrowers including You. This means that We will not have the right to compel arbitration of any claim brought by such an agency). The Class Action Waiver is nonseverabie from this arbitration provision. If the Class Action Waiver Is limited, voided or found unenforceable, then this arbitration provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the itmitatibn 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 willing. This notice can be given after the beginning of a Iawsutt and can be given in papers filed in the lawsuit, such as a motion 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 files. Any arbitration hearing that You attend will take place In a venue of Your domicile. If a Party files a lawsuit In court asserting Claims) thataresubject to arbitration, and the other Party files a motion to compel arbitration with the court, which is granted, it will be the responsibility of the Party prosecuting the Clahm(s) to select an arbitration administrator in accordance with the paragraph below and commence the arbitration proceeding In accordance with the administrator's rules and procedures. The arbitration will be administered by the American Arbitration Association ("AAA'), 1633 Broadway, 10th floor, New York, NY 10019, www.adr.org, 1-800-77B-7879 or JAMS, 1920 Main Street, Suite 300, Irvine, CA 9261.1, www.jamsadr.cam, 1-800-352- 5267. The rules and forms of the MA and JAMS may be obtained by writing to these organizations at the addretses fisted 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 shaft 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 policy 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 MA or JAMS or other administrator used, on tote other hand, the provisions of this arbitration provision shall control. A single arbitrator will be appointed by the administrator and must be a prectidng 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 wU honor statutes of limitation and chins of privilege recognized under applicable law. In deterrnlning 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 the matter had been brought in court, At Your written request, we wilt pay all filing, hearing and/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 charged to You by the administrator and arbitrator. We will always pay any fees or expenses that We are required to pay by law or the administrator's nies or that We are required to pay for this arbitration provision to be enforced. The arbitrator will have the authority to award attorneys' and expert witness fees and costs to the extent permitted by this Contrail, the administrator's rules or applicable law. The arbitrator will always award You reasonable attorneys' and expert witness fees and costs (a) if and to the extent You prevail en Claims you assert against Us in an arbitration commenced by You and (b) to the extent required under applicable law for this arbitration provision to be enforced. The arbitrator shall write a brief explanation of the grounds for the dedsion. A judgment on the award may be entered by arty court having jurisdiction. Page 07,f12112 2011 Peachtree 5ettlitmeer Fertdtng, LIZ st'd ge LL -069-L L L idgoe dl£:LObLt+lsnv Account ID: 550876 Severability and Survival. If any past of this arbitration provision, other than the Class Action Waiver, is deemed or found to be unenforceable for 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. Effect of Arbitration Award. The arbitrator's award shall be final and binding on a0 Parties, except for any right of appeal provided by the FAA. However, if the amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either Party exceeding $50,000, any Party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three -arbitrator panel administered by the administrator. The panel shall reconsider anew any aspect of the Initial award requested by the appeaing Party. The derision of the panel shall be by majorty vote. Reference In this arbitration provision to "the arbitrator" shall mean time panel if an appeal of the arbibator's decision has been taken. The costs of such an appeal will be borne in accordance with the above paragraph titled "Arbitration Procedures." Any final decision of the appeal pend is subject to judicial review only as provided under the FAA, Right to Reject Arbitration Provision. You may reject this arbitration provision by sending Us written notice of Your derision so that We receive It at the address listed below within forty-five (45) days of the Contract Date. Such notice must be sent by certified or registered mail (return receipt requested) or by redEx or another major overnight delivery service with a delivery tracking system; must include a statement that You wish to reject the arbitration provision along with Your name, address, Account I.0. 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 cart reject this arbitration provision. Upon receipt of a rejection notice, We w91 reimburse You far the standard cast of a certified or registered letter or overnight delivery. Rejection of thls arbitration provision will not affect any other terms of this Contract and will not result in any adverse consequence to You. You agree that Our business records will be final and condusive with respect to whether You rejected this arbitration provision in a timely and proper fashion. This arbitration provision will apply to You and Us unless you reject it by providing proper and timely notice as stated herein. 11. MISCELI ANEOUS A. You glue 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 necessary for this transaction. We can also search records for UCC filings, bankruptcy filings, judgments, liens and child support obligations against You. B. This Contract Is the entire agreement between You and Us. C. If there is more than one of i s or You, this Contract applies to all of those people together, and to each of them on their own. D. Both Parties must agree In writing to any change to this Contractor warner of its terms. E. Bcoept 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 hwoluntarily sell, assign, or transfer this Contract, or any of Your rights or duties under this 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 on the Contract Date) will govem this Contract and disputes under this Contract shaft be determined In Your domicile State (where You regularly reside on the Contract Date). H. This Contract also holds responsible Your heirs, and executors. This Contract benefits only You and Us, and no one else. However, if properly assigned by Us, this Contract will bind and benefit Our successors and assigns. 10 07/12/12 C�, 201: Peachtree Sertiernnnt Funding, LLC 9£'d 981E -069-L 1 L tic gob dZ£: t O b i b l End e Account ID: 550976 I. Failure to enforce any provision of this Contract is not a waiver of that provisos. ). 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 counterpart w91 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 Us, 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), You and We will pay ow respective costs and expenses In carrying out this Contract. O. You give tis permission to request from our Affiliates Information and documentation You have prevlotlsly provided to them which we deem necessary for this transaction, Induding, bankruptcy filings, judgments, settling documents, annuity documents, lints, ch9d support obligations, divorce documents. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Pate. 07i12%i2 2011 Peachtree Settlement Funding, LLC L£'d 9914-069-L lL AAA 408 dZ£:l0 171. tri env ee nccountIP: 550876 You and We, intending to be legally bound, have signed this Contract as of the Contract Date below, and agree to all of its teams and condtionss inducting the arbitration proviston. By signing below, You also adcnowledge that You were advised by Us in writing, that You should obtain independent legal advice and professional tax advice about the sale of the Purchased Payments and to have those advisors review with You, the Harms and legal, tax and other effects of thls Contract. Sworn to and subsrJibed before me thisday nf+T, 2tt et ("Contract Date") Notary s Aclmowledged and Agreed: Sworn to and subscribed before me this _ day of � 20_ Notary C INAONHEWK 6►iffPlUitaill l Olen 1$11.14.44 $P1. INt. n.' • IM . ..7.: CN1 Ny C;aimissun .Pin!a J4,. 25.2017 37;1262 SELLER'S SPOIISE.(if applicable) Spouse US: Peachtree Settlement Funding, LLC lJrrcc 4)2::..4 ICr BY: Lori Borowski, Vice President • Page 17.. 2011 Peachtree Settlement Funding, LLC 8£'d 981E-069-LlL Nd Rab d££: l0 tib Pi Bny PENNSYLVANIA DISCLOSURE STATEMENT Account ID: 550876 August 13,, 2014 We will purchase the following payments (Purchased Payments) from You: A)144monthly payments of 5500.00 each, beginning on June 1, 2021 and ending on May 1, 2033 J J 9L d (The remainder of the page intentionally left blank) 99 LL -069-L lL - a Z01 i i'k:»entatic SmIcfmmit retrAin . t.l.t: tid qo db3;1.0trLDI env Account ID: 550576 August 13, 2014 The aggregate amount of the Purchased Payments is 572,000.00. The discounted present value of the aggregate Purchase Payments at the federal interest rate of 2.20% is 554,697.62. The discounted present value is the calculation of the current value of the transferred structured settlement payments (Purchased Payments) under federal standards for valuing annuities. The gross amount payable to seller (Yon) is 514,000.00. J The net amount payable to the seller (You) is $14,000.00. Legal fees (this is an estimate of what Your attorney will charge You if You choose not to waive representation): $500.00 No other expenses are incurred by You. The net amount that You will receive from Us in exchange for Your future structured settlement payments represents 25.60% of the estimated current value of the payments based upon the discounted valve using the applicable federal rate. Based on the net amount that You will receive in payment from Us and the amounts and timing of the structured settlement payments that You aye selling to Us, this is the equivalent of interest payments to Us at a rate of 14.683 per year. PLEASE NOTE THAT THIS IS NOT A LOAN, BUT A SALE OF PAYMENT RIGHTS AND THE INTEREST FIGURE IS ONLY PROVIDED AS AN ILLUSTRATION OF THE ECONOMIC IMPACT OF THE SALE. Please be advised there are no penalties or liquidated damages payable by you in the event of any breach of the transfer agreement by you. By signing below, You are confirming receipt of this Disclosure Statement at least 10 days prior to You first incurring an obligation with respect to the transfer. L L'd 98 LL -069-L LL ??:: PaaltncS;rucalen;frm m� Ll.0 tid goe dgZ: LO i I, env IMPORTANT NOTICE You are strongly urged to consult with an attorney who can advise you of the potential tax consequences of this transaction. Sworn to and sobbed /r�f .t B�fere S , 201±0' Nota mp1FCt rOv Stull Srlik. wr. *j COIR tAplre. 04,1 g.2011 Frnriwnx Suttiermid Funding. LLC Zb'd S81L-06SrL1L kid (108 db£:Lt)bLblBnd ATTACHMENT/EXHIBIT "5" August 25, 2014 Metropolitan Life I ce Company MRMR 2025 Leestown Roadfite J Lexington, KY 40511 Attn: Legal Departmen'MfSpuctured Settlements Metropolitan Tower tiff Insurance Company a/k/a MetLife Tower Resources Group, Inc. MRMR 2025 Leestown Roadj$uitt J Lexington, KY 405111/s Attn: Legal Departmen,tructured Settlements RE: Notice of Sale/Assignment of' Payment Rights Your Contract 1; 88052EPS/88052 Payee: Amy Wright Dear Insurer: Please be advised that icachtree Settlement Funding, LLC and/or its successors and assigns, have entered into a transactiof with the above -referenced annuitant who is seeking to transfer certain of his/her 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. 201 King of Prussia Road, Suite 200 Radnor, PA 19087 Tax ID # 45-2795843 PLEASE NOTE: No . yments under this annuity should be held until the courts have entered a fmal order and we have forwarde4 this order to you. Very truly yours, Peachtree Settlement F d.ng, LLC By: Lori Borowski, tce President RA1'KINH OF PRUSSIA ROAD, SUITE 200 • RADNOR, PA 19087 PRONE: (800) 444-8641 • FAX: ($66) 455-8067 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW RE: Joint Petition of Peachtree Settlement : Docket No. 1 q' 67'93 Funding, LLC and Amy Wright /e"' ORDER OF COURT `ilk ftLrA AND NOW, to -wit, this day of S e " , 2014, upon consideration of the within PETITION FOR CONSENT AND COURT APPROVAL TO PROCEED WITH ANY TRANSFER OF A STRUCTURED SETTLEMENT PAYMENT RIGHTS PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT, 40 P.S. 4000, ET SEQ. and upon consideration that the transfer would allegedly contravene the terms of the structured settlement, Amy Wright is permitted to proceed with transfers of structured settlements regarding the structured settlement previously approved by this Court in the Court of Common Pleas of the jurisdiction where Amy Wright resides. It is hereby ORDERED, ADJUDGED and DECREED that express approval is hereby granted to Amy Wright to proceed with any future Transfer of Structured Settlement Payment Rights subject to applicable law(s). BY THE COURT: Ccfrmai* ts_ct 94-DiZoL