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HomeMy WebLinkAbout05-22-15 ri OF RECORi?F.O OFF REG-1 CF + ILL$ 1 INHERITANCE LOAN COMPANY,LLC 1 1 11 n n 1231 PINE STREET NIS �i � 2� ,1 1 (-b 2 OAKLAND,CA 94607-1460 TELEPHONE: (510)735-9846 3 FACSIMILE: (510)922-8835ORPO ' 4 In Pro Se 5 6 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 7 ORPHAN'S COURT 8 In the Matter of the Estate of: CASE NUMBER: 21-14-0813 9 10 LISA BUTCHER'S ASSIGNMENT#5, SALE NANNETTE BUTCHER, &TRANSFER OF BENEFICIAL INTEREST 1I IN DECEDENT'S ESTATE TO 12 Deceased. INHERITANCE LOAN COMPANY, LLC 13 14 THIS FIFTH ASSIGNMENT AGREEMENT is made and entered into between LISA 15 BUTCHER(hereinafter"Seller"), and purchaser, INHERITANCE LOAN COMPANY,LLC, 16 (hereinafter"ILC") a California Company, located at 1231 Pine Street, Oakland CA 94607-1460. 17 1. Assignment. Seller hereby irrevocably assigns, sells and transfers $9,900.00 of Seller's 18 beneficial interest in the ESTATE OF NANNETTE BUTCHER, Decedent(hereinafter"Estate")to 19 ILC in exchange for an immediate cash payment of$5,000.00. The statement of the assigned 20 amount, cash payment and total cost to Seller was provided to Seller prior to signing this agreement. 21 2. Payment. Seller authorizes and instructs the personal representatives of the Estate and their 22 attorneys to pay and deliver$9,900.00 to ILC prior to making any distribution from this Estate to 23 Seller. 24 3. Early Payoff Rebate Periods. 25 • If$9,900.00 is received by ILC on or before NOVEMBER 1, 2015, ILC shall rebate to 26 seller the amount of$2,100.00, resulting in new net assigned amount of$7,800.00. 27 • If$99900.00 is received by ILC on or before MAY 1, 2016, ILC shall rebate to seller 28 the amount of$1,100.00, resulting in new net assigned amount of$8,800.00. Pagel of 3 LISA BUTCHER'S ASSIGNMENT#5, SALE AND TRANSFER OF BENEFICIAL INTEREST IN DECEDENT'S ESTATE TO INHERITANCE LOAN COMPANY,LLC • • 1 • If$9,900.00 is received by ILC after MAY 1, 2016, no rebate shall be paid. 2 All outstanding assignments between Seller and ILC must be paid in full before any rebate 3 shall be payable by ILC to Seller. 4 4. Beneficial Interest Assigned. Seller's beneficial interest in the Estate shall include any and 5 all rights: a) as a beneficiary, devisee,heir, legatee or otherwise of the Estate; b)to commissions and 6 fees as personal representative of the Estate; c)to distributions from ancillary proceeding(s); d)to 7 distributions from any IRA, retirement plan, employee benefit plan or other non-probate asset of the 8 decedent; and e)to Seller's individual interest in the decedent's homestead property, if applicable. 9 5. Waiver of Right to Disclaim. In consideration of ILC's agreement to purchase a portion of 10 Seller's beneficial interest in the Estate, Seller hereby agrees not to disclaim any portion of his/her ll inheritance. 12 6. Sale of Real Property. Seller authorizes ILC to direct the personal representative of the 13 Estate to sell the Estate's property to avoid the distribution in-kind of undivided interests. 14 7. Prohibited Conduct. Seller agrees not to take any action that may in any manner defeat, 15 eliminate, reduce, delay or prevent ILC's receipt of the assigned amount of$9,900.00. 16 8. Bankruptcy. Seller does not now or in the immediate future contemplate filing for 17 bankruptcy. Seller has not consulted any lawyer or other professional within the last ninety (90) 18 days regarding the possibility of filing for bankruptcy. If Seller files for bankruptcy after entering 19 into this agreement, Seller acknowledges that ILC shall be entitled to enforce all its rights as a 20 creditor secured by a lien on all of Seller distributions from the Estate. 21 9. Recourse. Other than recourse for any expense or damage arising out of the material breach 22 of this agreement or fraud by Seller, ILC shall have no recourse against Seller if the distribution 23 from the Estate is less than $9,900.00. 24 10. Successor Rights. This instrument binds Seller and his/her heirs, executors, 25 administrators, successors and other assignees of Seller. 26 27 28 Page 2 of 3 LISA BUTCHER'S ASSIGNMENT#5, SALE AND TRANSFER OF BENEFICIAL INTEREST IN DECEDENT'S ESTATE TO INHERITANCE LOAN COMPANY,LLC f 1 11. California Law. This agreement is made and shall be interpreted under the Iaws of the 2 State of California. It may be amended only by an agreement in writing that is dated and signed by 3 Seller and ILC. 4 12. Consult Legal Counsel. Seller acknowledges that ILC advised him/her to consult with 5 legal counsel concerning this transaction prior to signing this agreement. 6 7 Dated: 9 sA BUTCHER,Seller/Assignor Io Dated: 1I INH TANCE LO C PA L,PurchaserlAssignee r 12 13 By 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 3 LISA BUTCHER'S ASSIGNMENT 45,SALE AND TRANSFER OF BENEFICIAL INTEREST IN DECEDENT'S ESTATE TO INHERITANCE LOAN COMPANY,LLC In the Matter of NANNETTE BUTCHER, Deceased 21-14-0813 PROOF OF SERVICE BY MAIL 1. 1 am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. 2. My residence or business address is: 1231 Pine Street Oakland,CA 94607-1460 3. 1 served the foregoing Assignment Agreement#5 on each person named below by enclosing a copy in an envelope addressed as shown below AND a. Q depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. ❑ placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with the business practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing,it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with the postage fully prepaid. 4. a. Date of Deposit: May 4,2015 b.Place of deposit: OAKLAND,CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: May 4,2015 C .............. Erik Rose..................... jEERSON (TYPE OR PRINT NAME) (SIGNATU OF DECLARANT) NAME AND ADDRESS OF EACH TO WHOM NOTICE WAS MAILED Steve Nicholas, Esq. Nicholas Law Offices, P.C. 2215 Forest Hills Drive,Suite 37 Harrisburg, PA 17112 ❑ List of named and addresses continued in attachment. ADMISSION OF SERVICE 1. 1 am the ❑ personal representative,conservator,guardian,or trustee ❑ the attorney. 2. 1 ACKNOWLEDGE that I was served a copy of the foregoing Assignment Agreement#5. Date: ........................................ ► (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) ASSIGNMENT AGREEMENT#5 PROOF OF SERVICE BY MAIL 9 ! r) r) oho C air CDM � o n o ° I 0 � � �, p � a Z ~ nom i fBAOC 51 - <o C. o ccn. ! ` o�CDC)a VN CAl'1'1 10