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HomeMy WebLinkAbout06-0473 c: ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF JEROMEY TASKER A/K/A JEREMY MICHAEL TASKER, FOR APPROVAL OF TRANSFER OF STRUCTURED SElTLEMENT PAYMENT RIGHTS CIVIL DIVISION NO. 0 fs,- If 1 ~I (~'"J, --r;:.... PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS Filed on behalf of: Petitioners, Jeromey Tasker and : Novation Capital, LLC Counsel of Record Allen D. Moyer 8150 Derry Street Harrisburg, PA 17111 717.909.5858 717.909.7788 (facsimile) (Counsel for Jeromey Tasker) r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETmON OF JEROMEY TASKER A/K/A JEREMY MICHAEL TASKER FOR APPROVAL OF TRANSFER OF STRUcrURED SETILEMENT PAYMENT RIGHTS NO. tJ/,- '17.3 ~,':J 'T~ PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS Pursuant to 40 SS 4001-4009 (the "Act"), the Pennsylvania Rules of Civil Procedure, and the Cumberland County Local Rules, Petitioners, Jeromey Tasker a/k/a Jeremy Michael Tasker ['Payee") and Novation Capital, LLC ("Novation"), respectfully submit this Petition for Approval of Transfer of Structured Settlement Payment Rights (this "Petition"): A. Factual Backaround 1. Pursuant to a Settlement Agreement and Release, Payee became entitled to receive monthly payments of $496.00 commencing August 15, 2007 guaranteed through and including July 15, 2027 and life thereafter. See true and correct copy of the Settlement Agreement and Release ("Settlement Agreement"), attached as Exhibit "A" and incorporated by reference. 2. In order to fund its obligation to pay the aforementioned payments, Allstate Settlement Corporation ("Owner"), purchased an annuity policy from Allstate Life Insurance Company ("Issuer"). See exhibit "A". I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF JEROMEY TASKER AIK/ A JEREMY MICHAEL TASKER FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS NO. 06-473 CIVIL TERM PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS PRAECIPE TO ADD To the Prothonotary: Please add the attached Certificate of Service to the above captioned case. Thank you. LAW OFFICES OF LESLIE D. JACOBSON Date: January 26,2006 By: Allen D. Moyer 10 # 81846 Attorney for Mark Scone 8150 Derry Street Harrisburg, P A 17111.5260 717.909.5858 717.909.7788 [fax] ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF JEROMEY TASKER A/K/A JEREMY MICHAEL TASKER FOR APPROVAL OF TRANSFER OF STRUcrURED SETTLEMENT PAYMENT RIGHTS NO. 06-473 CIVIL TERM PETITION FOR APPROVAL 0' TRANSFER OF STRUCTURED'- SETTLEMENT PAYMENT RIGHTS r--<'1 \.J " r :~_~ '" \,-,) c' , CERTIFICATE OF SERVICE -, ,,) {.:"l 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 26th day of January, 2006, addressed as follows: Allstate Settlement Corporation 544 Lakeview Pkwy, L3F Vernon Hills, Illinois 60051 Allstate Life Insurance Company 544 Lakeview Pkwy, L3F Vernon Hills, Illinois 60051 Courtesy Copies to: Lisa Stern Allstate Life Insurance Company Drinker, Biddle, & Reath LLP 1000 Westlakes Drive Suite 300 BeIWyn, PA 19312-2409 Lisa Sterner Allstate Life Insurance Company 3100 Sanders Road Suite M3B Northbrook, IL 60062 ,:~ . 3. On or about September 1, 2005 Payee entered into an Agreement for Sale of Structured Settlement Payments (the "Sale Agreement") with Novation. See true and correct copy of the Sale Agreement, attached as Exhibit "B" and incorporated by reference. 4. Pursuant to the Sale Agreement, Payee agreed to transfer/sell to Novation some of the payments due under the Settlement Agreement. See Exhibit "B". 5. Specifically, Payee agreed to transfer, in consideration of payment to him by Novation of twenty six thousand four hundred and ninety dollars and no cents ($26,490.00), monthly payments of $496.00 commencing July 15, 2007 through and including June 15,2017. B. Petitioner Has Met the StatutOry Conditions of Transfer of the Structured Settlement Payment Riahts Under pennsylyania Law. 6. By this Petition, Payee and Novation seek this Honorable Court's approval of the aforementioned transfer of structured settlement payment rights. 7. 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. 94003(a)(1). 8. Pursuant to the Act, Novation provided Payee with a Disclosure Statement on August 29, 2005, Le., more than ten days prior to the time Payee incurred an obligation with respect to the Sale Agreement. See true and correct copies of August 29, 2005 letter and the Disclosure Statement attached as Exhibit "C" and "0" respectively and incorporated by reference. 9. The Disclosure Statement sets forth all of the information required by the Act. 10. The transfer contemplated by the Sale Agreement is in Payee's best interests. See also, Affidavit of Jeromey Tasker in Support of his Petition to Transfer Structured Settlement Payment Rights attached as Exhibit "E" and incorporated by reference at ~ 15. 11. Payee is single with no children. 12. Payee intends to use the money to payoff some of his debts. See Exhibit "E" ~ 11. 13. Pursuant to 40 P. S. 9 4003(b), Payee was advised in writing by Novation to seek independent professional advice regarding the legal and tax implications of the transfer. 14. Payee has waived his right to seek independent professional advice. See Waiver of Independent Professional Advice attached as Exhibit "F". 15. Novation has transferred its rights under the Sale Agreement to Novation Holdings, LLC ("Novation Holdings") 16. Pursuant to the Act, Novation has given written notice of Novation Holdings' address and taxpayer identification number to Allstate Settlement Corporation and Allstate Life Insurance Company. 17. Specifically, Novation Holdings' address and taxpayer identification number is: Novation Holdings, LLC #520661 P.O. Box 102265 Atlanta, GA 30368-2265 Tax 10: 20-1861007 WHEREFORE, Payee and Novation 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, Date: ,:..; - :JC ,200~ Allen D. oyer 10# 81846 8150 Derry Street Harrisburg, PA 17111 Phone: 717.909.5858 FAX: 717.909.7788 Counsel for Jeromey Tasker -1 \\,~ .....C ',;) ,. ^".,'J j.>:. ," -, !.(- ~ \-j 1 ,,"..I -:,\\. \:\ NOV-18-2005 02:47PM FROM-WILSON COLLEri +1"'641578 7-474 POOl H20 SETTLEMENT AGREEMENT AND RELEASE THIS SETtLEMENT AGREEMENT !\ND IU::LEASE (Settlement Agreement) is made and entered into th1s --3~b___ day of 19 b d Shori TilSki'>t' and .TCl"allV Tasker -1L'IDJ,lst 'J1!L.' y iln among Gera.rd 'j'askm- , 7\ M1nOr (Releasing I?arties), and EIlr.l rtc.iU..!sLDutch Wonderland (Released Parties). 1. Fat' and in consiJeraUon or those paymcI'ILs provideu for herein, the sufficiency of which is hereby acknewledged, the Releasing Parties, being of lawful ago, do hereby, anu for their heirs, executors, administrators, successors anu assigns, release, acquit and forever discharge the Released Parties as ~ell ~s its o(fice~s, directors, attorneys, represontatives, employees, associates, pn~lncrs, agents, sa~vants, l~sure~s, successors, heirs, exocuto"r-!J, administrotot's and all other persons, fitms, corporations, associations or partnerships or any other el'ltity connected therewith or and from any .Jnel all _cr..ims, actioMs, causes of action, dem~nds, obligations, lie~s, rights, damag~s, costs, loss of scr-viee, expense a~d/or compensation, oE any nature .wh~tsoever which I:he Releasing Parties now have or which may hereaftor accrue to the Releasing Parties on account of, or i~ any way growi~g out of, any and all known or unknown, foreseen and unforeseen, injuries and/or damages ~nd the consequences thereof, il'lcludi~g wro~yful death, resulting from, or to result from, l:.he i~cide~t, casualty or event which occurleed on or about l\uaust 15 19.JlL' in J,ancllstar. Pl\ ,and which has resulted in a claim and/or lawsuit for physical injuries and damages being brought by the Releasing l'a.rties against the Released Parties.. .,; .. Exhibit "A" NOV-19-2005 02:A7PU FROM-WILSON COLLEGE +11 126AI578 7-m P 002 H20 2. Payments In cOnsideration of the Release set forth above, th.. Insurer on behalf of the Released Parties hereby agrees to pay the following sums in the following manner: (a). Immediate Payment: The sum of Thirt~ saven t~ousand five hundred dollars Sha,rJ. 'H\SkW;c:er;a,J. 'n\S"d~' I 11 d ($37.500.00 ) to...:r~ 1n lVHua 'I, an Dennis L. Plank his/her attorney(sl. (b) Future Periodic Payments, $37,5~0.00 'f'? Purchase an . - AnnUl. ty PayJ.1lg: The sum of: $500 per month Commencing on August ]5, 2000 and monthly thcroafter for (4S1 months certain. The sum of: $6000 per year Commencing on August IS, 2000 and annually thereafter for (4) years certain. The sum of: $496 per month Commencing on August 15, 2007 and mOnthly thereafter for (20) twenty years or life, whichever is greater. Payable to Jeremv Tasker Any and all payments to be made are not compensation but are on account of physical injuries. Primary Bcnc[;iciary In the event of the death of JERBM~ TASKER any remaining payments will be paid when due to Shari Tusker and Geruld Tasker NOV-18-2005 02:48PM FROM-WILSON COLL~G;. +7172641518 H14 P 003 H20 (c). Fun(~ ing OCV L_,J It is understood and aurced that Allstate Insur~nce Company will pay the neccss~ry money to Allstate Settlomont Corporation in order to tran5fer. its obligatio~ to make the future periodic payments stated herein to Allstate Settlement Co rpoTa t ion . Shari.T[\sk~l:, Gerald'i'ilsker, and hcr.eby agree to look solely to J=emy Tasker Allstate Settlement Cor.poration for. these future payments. It is understood and agroed that the obligation to make future periOdic payments will be transfer.red to Allstate :3etlloment Corporation and Albtate Settlement corporation will fund its obligations with an annuity contract purchased from Allstate Life Insurance company. Allstate Settlement Corporation will be the owner of such annuity contract and shall retain all r.ights of owner.ship ther.ein. Cd). Contr.ol of Payments: The Releasing Parties shall have no r.ight to the discounted present value of the payments and no right to control the investment of that amount, and no r.ight to anticipate said payments in advance of the aforementioned SChedule. " J. Releasing rartier.' Rights to Payments The Rolei15e<l Parties and/or tho Insurer. shall not oer)r:"egatc or. set aside ilny of its ass.:>ts to fLlnd tha pilymants to RalaasinrJ Parties r:'oquired herein, it baing under:'sl:ood Re1easino Parties are and shall be a general creditor to the Released Parties, the In5urer, or. thoir assignee. Saiei payments cannot be accel'jratcd, deferred, increased or. decreased by tho neleasing Parties and no part of the payments called for. herein or. any assets of the. Released parties, Insurer, or tho ^osi\Jnee aro to bo subject to execution or any legal proees5 Eor any obligation in any manner, nor. shall the Releasing Parties hava the power. to sell or. mortgage or encumber same. or. any pal-I: thereof, nor. anticipate the same, or any part thereof, by assignment or otherwise. NOV-li-2005 02:4iP~ FROM-WILSON COLL~G~ +717264\Sli T-474 P004/0\2 F-120 4. Qualified Assiqnment Th", Purties he...cto 1lcknowl..dge 1lnd agree that the lteleased Parties undlor the Insure... will make a "qualified assignment" within the meaning of Section 130 [0). of the Inter-nal Revenue Code of 1954, as amended. oC the Released parties' and/or the Insurer's liability to make the pe...iodio payments required her-ein. Said assignment shall be accepted by the Releasing Pilrtics without right of rejection and shall completely release and discharge the Released Parties and the Insurer from such obligations hereunder as arc ussigned to the assignee. The Releasing Par-ties recoqnize that. the assiqnec shall be their sole obligor wi th .espoct to the obUga tions ilSS igned, ilnd tha t all olhe... releases that pertain to the liability of the Releused Parties and the Insu~e... shall thereupon become final. irrevocable and absolute. It the liability to makc the periodic payments is assigned by way of a "qualified assignment", 1. That periodic payments from the assignee cannot be Acccler-ated. dofel'r-ed. increased 011 decreased by the neleasing Parties 2. The assignee does not pro~ide to the Releusing Parties rights against the assignee that are 9~eater than those of a general creditor; and J, The assignee's obligation for payment of the poriodic pAyments is no greater than tho obligation of the person or-iginally liable (whether by suit Ot" agreement) fot" p~yment and (r-om whom the obligation was assigned. NOV-18-2005 02:~8PM FROM-WilSON COll;GE +7172S~I5T8 T-~7~ P005/012 F-920 .:..~.~...-'''-':~~'''::':-~' \.III '11111\.1 l....r The Assignee w.II fund i~s liabiti~y tu make pe~iodic payments through the purchase oE an annuity policy [rom Allstate Life Insur.ancQ Company. The Assignee sh<lll be the OWntH' of the annuity policy, and shall have all rights oE ownership. The Assi~nee may have the annuity c<lrl'ie~, Allstat,~ LiCe InSUrance Camp"ny, mail piJyments directly to tho Releasing partias receiving per.iodic payments. The said Releasing Parties shall be responsible Eor maintilining the cLlrrency of the proper maili'lg address and mortality InEOl'mation to Allstate Life Insu~ance Comp"ny. 6. Attorney's Fees Each party hereto shall bear all attorney's (eas and cost arising (~um the actions of its own ceunsel in connection with tho Complaint. this Settlement Agreument and the matter.s "nd documents referred to herein, the Eiling oE a Dismissal of the Complaint. and all related matters. 7. Releasing Pa~tics' Beneficiar.ies Any payment~ to be made aEter the death of the Releasing Parti~s receiving periodic payments pursuant to the terms oE this Settlement Agreement shall be milde to such person or entity as shall be designated in writing by said Releasing Parties to the Insurer or the Insurer's assignee. If no person or entity is so designated by said nele~sing Parties, such payments shall be made to the cstat. of the said Releasing Pilt'ties. No such designation nor any revocation thereof shall be eEfective unless it is in writing and delivered to the Insurer. or. the Insurer's assignee. 8. Tax Disclaimer Clause Relcilsing Parties agree and wa!:'rant th"t they (Lilly understand that the Released Parties and ~ssignee have no cont~ol or responsibility and shall have no liability fo!:' any changes in the law or by virtue o( any rLlling of the Internal Revenue Se.vice (" IRS") which might result in a change in the talC-free status of any portion of the benefits herein described. Any chango, modification, or. alteration in tax rulings, regulations or 13WS dealing with the talCability oE said payments as those pr.ovided Eo.r herein shall have nO efEect upon this Settlement Agr.ceme'lt and Release of all Claims which is full and Einal upon execution and pe~Eor.mance. (5 ) NOV-19-2005 02:49PM FROM-WILSON COLLEGE +7112641579 T-474 P006/012 F-920 '9. Disch~e of Obligation The obligations of the Assignees to make oach monthly payment pu~suant to the terms of the Agreement shall be discharged upon the mailing of a valid check in the amount of ~ueh payments to the addross designated by the party to whom the payment is required to be made under the terms of the Settlement ^grcemeYlt anel the Insurer shall not be liable for the failure of the appropriate persons to receive any such check if said check is so ma lIed. In the event of non-I."eeeipt of said mailed check the Releasing Party shall notify the assignee. 'The assignee will upon propel." notiCication taka the necessary steps to issue a stop payment on said missing cheCk and replace it as is proper. 10. General Release The Releasing Parties hercby acknowledgo and agree that the Re10nse set Corth het"ein is a gonera1 release and further expt"essly waive and assume the risk of any and all claims for damages which exist as of this date but which do not know of or suspect to exist, whether through ignorance, oversight, error, negligence. or otherwise, and Wll ieh. if known, would materially affect their decision to enter into this Settlement Agreement. The Reto.1sin9 Parties further agree they have accepted payment o~ the sums specified herein as a complete compromise and satisfaction of the Final Judgement involving disputed issues of law and [act .and they fully aSSUme the risk that facts or.' taw may be otherwise than they believe. 11. Warra~ of Capacity to Execute~reement The Relea$ing Parties represent and warrant that no other person or entity has or has. had any interest in the claims. demnnds, Obligations. or causes oE action referred to in this Se t t leme n t Ag reemen t, tha t they have the sole ri9h t and exclusive authority to execute this Settlement Agreement and rece i ve the sums spec ified in it; and that they have not sold. assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, 01." causes oE action referred to in this Settlement Agreement. (6 ) NOV-IS-2005 02:49PM FROM-WILSON COLLEGE +7171641578 T-474 P.007/012 F-920 l~. Disclaimer of Liability The Releasing Pilrties ilgroll and ilcknowledge that they accept payment of the sums specified in this Settlement Agreement as a full and complete compromise of matters involving d ispu ted issues; that neither paymen t of the sums by the Released Parties, Insurers, their assignees, nor the negotiations of this settlement by the Insurers, thoir Released Parties. or their attorneys shall be considerod admissions by any of said parties; that nO past or present negligenco on the part of the Released Parties be implied by such payment or negotiations. 13. Delivery of Dismissal with Prejudice Concurrently with the execution of this Settlement Agreement. coun:<;ol (or the Releasing Parties has delivered to counsel fat' the Released Parties, or counsel for the Insurer an executed Dismissal with prejudice of the civil action described in paragraph 1 above. The Releasing Pat'ti~s have authocized their Attorney to execute this Di.smissal on their behalf and hereby authorize counsel for the Released Parties or counsel Eor the Insurer to file said Oismissal with the court and enter it as a mattec of rocord. 14. Construction b~n~svlvania Law. This Settlement ^gceement is and shall be construed and entered into in the CO!'1monwealth interpreted in accordance of PA'..' '. with its laws. (7) NOV-19-2005 02:4IP~ FROM-WILSON COLL;GE +1172641519 1-414 P"009/012 F-IIO 15. ~re5cntlltionn of Comprehen"ion of DoCUIh"...S In entering into this Settlement Agreement the Rclc~sin9 Parties represent that they have celied upon the legal advice of their attorneys, who arc the attorneys of their own choice and that the terms of this Settlement Agreement have been completely read and eltplained to them by their attorneys. and thot those terms are fully understood and VOluntarily accepted by them. 16. ~ntire Aqreemcnt and Successor" in Interest This settlement Agre~menl:. contains the entire agreement between the Releasing Parties. the Released Parties and the Insurer with regard to the matters set forth herein and shall be binding upon and enure to the benefit of the eltecutors, admin iSl:.rators. personal representatives. heirs, successors and assigns of each. It to; specifically understood and agreed Agr.eement and Release of All Claims is not any of the Defendants named in the pending subject matter of the .Complaint. other Parties. ".. that this Settlelllent intended to release action which is the than the . Re leased 17. ^dditional 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 eEEect to the basic terms and in~ent of this Settlement Agreement. (a) [ NOV-19-1005 01:41PM FROM-WILSON COLLEGE +7111641578 T-474 P 001/012 F-IlO 17. Effectiveness This Settlement Agreement and Release shall become effective immediately following execution by all of the parties. Datel <;/15!D By"" 0,:, _ RcYeasing arty: A. TASKE , individually, and as parent and guardian of the property of JEREMY TASKER, a minor. Date: By: ,C6~e abo've) Releasing l'arty:GERALD A. TASKER, SR. .individu~lly, and as parent and guardian 'of the property of JEREMY TASKER, a minor. Date: 3/df? l3y: {l~~:~ j.' ft,1.,k Rclcaslng Parties' 'Attorney: DENNIS L. PLANK of the law firm of GOING '" PLANK T.H.E. INSURANCE CO., (Insurance carrier) Date: By: Name: Title: N/A NOV-I8-2005 02:49PM FROM-WILSON COLLEGe +T1TZ6415T8 T-474 P.OIO/OI2 H20 Allstate:life Insurance/Company A stock Company - Home Office: Northbrook, Illinois 60062 This contract is issued to the Owner (called "you") in consideration of the application, a copy 01 which is attached, and your payment of the single premium. This contract and the. application are the entire con. tracl. All statements made in the application are representations and not warranties. No statement will be used by us in defense of a claim or to void this contract unless It Is in the signed application. Only our officers may ohange this contract or waive a right or requirement. No agent may do this. Allstate Life Insurance Company (called "we" or "us") will pay the Annuitant or the Owner's designee the Payments shown on Page 3 as long as the Annuitant shall live. In addition, lIthe Annuitant is not living, any Payments shown as Certain Payments on Page 3 will be made to the Beneficiary. This contract terminates on the later of the payment 01 the last Certain Payment or the death of the Annui- tant. If you are not satisfied with this contract, you may void it b~Bit to us or our agent within 10 days after you receive It. We will give you all of your money back.. ) 'iRPOLICY CAREFULLY. ~k &?~~.s$-~ Secretary President Page 1 (1-90) LU970 ~. ;: NAME SEX DATE OF BIRTH . ' ANNUITANT: JEREMY MICHAEL TASKER MALE OCT 30. 1't80 CONTRACT NUMBER: 9070<370 ISSUE DATE: AUG 23, 1990 OWNER: ALLSTATE SETTLEMENT CORP PAGE 3 POLICY DATA PAGE FOR LU970 .... NOV-18-2005 02:'9P~ FROM-WILSON COLLEGE +11728.1518 T-.1. P 011/012 F-920 ..._....I......&.,U.f.Jo-_......,....":("......_1Q.7<:'> .- '-"01 ";:"1<~~ --.-._i'" . ,.)~ SCHEDULE OF PAYMENTS DATE AMOUNT AUG IS. 2007 AND THEREAFTER $ 496.00 MONTHLY CERTAIN PAYMENTS, THE FIRST 240 PAYMENTS SHOWN ABOVE. THE LAST ONE SCHEDULED FOR JUL 15. 2027. NAME SEX DATE OF BIRTH ANNUITANT, JEREMY MICHAEL , TASKER MALE OCT 30. 1980 CONTRACT NUMBER. 90702370 ISSUE DATE: AUG 23. 1990 OWNER. ALLSTATE SETTLEMENT CORP PAGE :3 POLICY DATA PAGE FOR LU970 I .'1 , I I I , ..j I . , , , , , . NOV-I8-IOOS OI:SOPM FROll-WllSON COllEGE +71TIS41S78 A.....:STATEt'I'A: lM:iUHArcwc u\,l~ ..... Application for Single Premium Annuity H/O H74 P 01//011 , I j ! , I ., , I ! ) 1. Annuitant a. Full Name (PRIN'O c. Address d. Pllone ( 2, Owner TASKER JEREMY Michael b.SoClaISecurllyNo. 199-68-4771 Last First Middle 9~ l.ocu..t Street, ShiDPensoou. PennsYlvania 17257 No. and Sueet City,. County Unkt10wn e. Blrthdate(M/D/Y)~~J..{L I. Age 9 State Zip g.Se)(~ ^ i , ,~ ! a. Name Allstate Settlement Corporation b. Relation 10 Annultanl None AddressOne Penn Square W2St,Ste. 1504 Philadelphia. ~9102d.None No. and Streel City State Zip Phone 3. Single Premium Valuable Consideration (must be submllled wllh application) 4. Type 01 Annuity f]: a. Cenaln Payments only (Annuitant's survival not required) fi b. Single life Annuity (submit proof of age, e.g. birth certlflcale) C"mmencil.:' 08-15-2007 o c. Joinl and Survivor Lile Annully (submit proof 01 ages, 8.g. birth cerllneales: also submit LR5'2) 5. Number of Cenaln Payments 240 (Enter "0" if none desired) 6. Payment Informallon a. First pa.yment date (M/DIY) ~-.-lli~O $500 per month for 48 months. o Annually 0 Irregular tJ Other__S6.000 per )1"81:' (4) vear~ Commencing: 08-15-2000 b. Frequency: 0 Monthly c. AmOunl(S) 01 Payments a I. Level payments 01 $ o Ii. Slart payments at $ (percant or amount) G Iii. Irregular Payments Dale --' . , Amount -.1-:.- 496.00 Commencing: 08-15-2007 L/20yrs . Increase payments_ (Irequency and duration). Dale Date Amollnt Amount ..' <-.;' 7. Make payments'to {jj Annuitant o Other designee (give name, address, relallon, etc.) . , 5. Benellciery (will be the Annuitant's eSlate illefl blank) GERALD TASKER Father IN EQUi SHAREs a. Primary: Name Relallon to Annuitant b. ~Name SHARI TASKER Mother Aelalion to Annuifant The Applicanl represents that all statements and answers on this Application are true 10 lhe best of his or h. knowledge and belief and completely recorded herein. Applicant: Allgtar.. S..rtlpClll'nt Corp by ciI-f" .....-/:'9/1.1. Date: -----1-------1_ Agen t: GERALD D. GREGER Signature < - Mo. Day Y, LRS".' NOVATION CAPITALt LLC Agreement for Sale of Structured Settlement Payments c Jeromey Tasker This is on Agreement between Jeromey Tasker (referred to as "you" in this Agreement) and Novation Capital, LLC ("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 those 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 raisin!~ current cash, you have decided that you want to sell some (or 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. Paymenllo 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 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 m:Jke the Assigned Payments to Novation (or to an entity named by Novation); and (c) makes 011 findings required by applicable state and federal law. Page I Copyright Novation Capital, L1,C (2002~2004). All Rights Reserved Exhibit "B" NOVATION CAPITAL, LLC:: 4. Best Efforts and Working Together: Novation agrees to use ,"s 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 approvol 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 fo 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: Novation 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; (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; (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. 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 Page 2 Copyright, Novation Capital. LLC (2002-2004). All Rights Reserved NOVATION CAPITAL, lLC 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 ot 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, payoff 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 lhose 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. 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 fo 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 tum 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 Page 3 Copyright. Novation Capital. LLC (2002-2004). All Rights Reserved , NOVATION CAPITAL, tLc: 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 priarity 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. 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 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. Furthermore, you waive and release any rights under applicable statutes that might be deemed to exempt the Assigned Payments from execution. attachment. garnishment, seizure or other process by Novation. 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 wholly owned Clffiliate, Novation Holdings, LLC) 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 Page 4 Copyright, Novation Capital, LLC (2002-2004). All Rights Reserved . NOVATION CAPIT A~ He; 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 Says "No"lt 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. 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, 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". 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. Page 5 Copyright, Novation Capital, LLC (2002-2004). All Rights Reserved NOVATION CAPITAL. hb( 23. Independent Advisor: By signing this Agreement below, you acknowledge that Novation has advised you In wriling 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. -----, , Ital. LLC: SE By: Charles Lowe Its: Chief Financial Officer The foregoing insyYment was acknowledged before me this ~ day of JePf<rnlJet;2ooS;:by the above signed, who is either (0) personally known to me or m9l who has produced fA- Pho-h> W as identification. ~F ~ALTII OF PENNSYLVANIA Notary Ignature . I S I A Notary Public in an for ~~tjilo/&::'ill N';:~ Public Printed Nome: Orrstown Boro, Fr,ankhn Co~nfOO8 Commission Expires: Y . .., . M9lTIosr, l-'ermsyr\l~1tld ,l.,=nA.,ation of Notanes COMMONWEALTH OF PENNSYLVANIA Notarial Seal loge/a F. Unger, Notary Public M rrstow'.l Bora, Franklin Count Y Commission Expires Oct 7, 2bo8 Member, Pennsylvania Association of Notaries Spousal Consent - IF APPLICABLE I am at least 18 years old, am of sound mind, not under the influence of drugs or alcohol, and am married to Jeromey Tasker. I consent and agree to this Agreement and waive any right to or interest in the Assigned Payments, including, without limitation, any community property interests. No one has forced me to sign this consent nor has anyone promised me or my sp 'n other than what is stated in the Agreement. Hie foregoing irwrument was acknowledged before me this L day of .fRpfem~r, 200"- by fhe above signed, who is either (0) personally known to me or !fill who has produced dL /11010 0 as identification. NOVATION CAPITAL, LLC 1818 South Australian Avenue, Suite 450 West Palm Beach, Florida, 33409 (800) 7476472 www.Novationcap.com Notary Ignature A Notary Public in and for fhe Sfafe of Printed Name: Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Angela F. Unger, Notary Public Orrstown Bom, Franklin County My Commission Expires Oct. 7, 2008 Member, Pennsylvania Association of Notaries Page 6 Copyright, Novation Capital, LLC (2002.2004). All Rights Reserved . NOVATION CAPITAL, 1JC Exhibit "A" to Agreement for Sole of Structured Settlement Payments@ The Structured Settlement Payments you have agreed to sell to Novation Capital, LLC are: Monthly payments of $496.00 commencing 7/15/2007 through and including 6/15/2017 The Purchase Price you have agreed to accept in exchange for the sale of the Structured Settlement Payments stated above is: $ 26.490.00 SELLER Copyright, Novation Capital, LLC (2002-2004). All Rights Reserved . VIA UPS 2ND DAY DELIVERY August 29, 2005 Jeromey Tasker 327 East Orange Street Shippensburg, PA 17257 Re: Disclosure Statement Dear Mr. Tasker: Please find enclosed the Disclosure Statement that Novation must provide to you not less than three (3) days before you execute a transfer agreement to transfer your structured settlement payments. Please review the enclosed document carefully. Novation recommends that you seek the advice of an attorney or licensed financial professional (i.e. certified public accountant or licensed financial planner). Novation will send the transfer agreement for your execution approximately three (3) days after you were sent the enclosed disclosure statement. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Dawn Epstein Financial Product Sales Assistant Novation Capital LLC Enc. I1C" Exhibit . , . DISCLOSURE STATEMENT I NAME: Jeromey Tasker I 1. DESCRIPTION OF TRANSFERRED PAYMENTS I am transferring the following structured settlement payments: Monthly payments of $496.00 commencing 7/15/2007 through and including 6/15/2017 The aggregate total of these payments is $59,520.00. 2. GROSS ADVANCE AMOUNT In exchange for these payments, I will receive a gross amount of $26,490.00. 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 Charaes $0.00 Fees $0.00 , Costs $0.00 EXDenses $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: I Net Advance Amount I $26,490.00 I Disclosure Statement: DE, MN & PA Exhibit"o" Copyright:. Novation Capital, LLC (2002-2004). All Rights Reserved . ' . I understand that I will receive this Net Advance Amount, minus (a) any advances made to me or on my behalf by Novation Capital LLC 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 61.17 % 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 calculate the Discount Present Value Discount Present Value 4.80% $43,305.19 7. PENAL TV 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. Disdosure Statement: DE, MN & PA Copyright, Novation Capital, LLC (2002-2004). All Rights Reserved . ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF JEROMEY TASKER A/K/A JEREMY MICHAEL TASKER FOR APPROVAL OF TRANSFER OF SfRUcrURED SETTLEMENT PAYMENT RIGHTS NO. PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS AFFIDAVIT OF JEROMEY TASKER IN SUPPORT OF PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS I am Jeromey Tasker, a/k/a Jeremy Michael Tasker and I make the within Affidavit of Jeromey Tasker in Support of Petition for Approval of Transfer of Structured Settlement Payment Rights ("Affidavit") based upon my personal knowledge: I. I am an adult individual, and I firmly believe in the obligations of an oath. 2. I reside at 327 East Orange Street, Shippensburg, Pennsylvania 17257. 3. I am currently employed. 4. I am entitled to receive certain payments under a release and settlement agreement that I entered into, with Court approval. 5. Pursuant to a settlement agreement, I became entitled to receive lump sum payments as follows: monthly payments of $496.00 commencing August 15, 2007 guaranteed through and including July 15, 2027 and life thereafter. 6. On or about September I, 2005, I entered into a written Agreement for Sale of Structured Settlement Payments ("Sale Agreement") with Novation Capital, LLC ("Novation"). Exhibit"E" ... I' . 7. I entered into the Sale Agreement because I desire to transferlsell to Novation certain of the payments due under the settlement agreement in exchange for a single, lump-sum payment from Novation. 8. I have agreed to transfer, in consideration of payment of $26,490.00 from Novation, monthly payments of $496.00 commencing July 15, 2007 through and including June 15,2017. 9. I do not/will not rely upon the aforementioned settlement payments to pay my living expenses such as food, clothing, shelter, and medical care expenses. 10. I am currently single with no children. II. I desire to sell the aforementioned payments to Novation so that I can payoff some of my debts. 12. I fully understand that I will be giving up the right to receive the payments for a one time, lump sum payment from Novation. 13. I have considered other means of raising the funds necessary to meet my 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. 14. After weighing all of the options available to me, I have detenmned that selling a portion of my structured settlement payment rights is the most efficient, and least expensive, way for me to raise the funds that I need. IS. I believe that the transfer is in my best interests, in the best interests of my dependent, and the terms thereof are fair and reasonable. 16. Before entering into the Sale Agreement, I analyzed the financial and legal consequences of the same. 17. On August 29, 2005, Novation provided me with a Disclosure Statement, that I have read and fully understand. 2 ... !' .. 18. I was advised by Novation, in writing, to seek independent legal advice regarding the implications of the transfer. 19. I have waived independent legal advice regarding the implications of the transfer, including the tax ramifications of the transfer. 20. I fully understand the transfer outlined herein and in the Sale Agreement. 21. I have read the Petition for Approval of Transfer of Structured Settlement Payment Rights ("Petition"), and I fully understand the Petition. 22. I understand that the Petition must be approved by this Honorable Court before the transferlsale can be completed. 23. Each of the factual allegations of the Petition is true and correct to the best of my personal knowledge, information, and belief. 24. I have supplied my verification to the Petition. 25. I request that the Court approve the Petition. SWORN and subscribed before me this 3-- day of ~Ai\). , 200~, by Jeromey Tasker an adult individual who provided proper identification. .0:::::J //~ ( /;,l.. .. . ~/.~;.. ,Jeromey T as. er I , My Commission expires on: NOTARIAL SEAL TAMMY L. KETTERER, NOTARY PUBLIC SWATARA TWP.. COUNTY OF DAUPHIN MY COMMISSION EXPIRES OCTOBER 30, 2006 3 .. ", " NOVATION CAPITAL, lh<:: Waiver of Independent Professional Advice I, Jeromey Tasker, have been advised by Novation Capital LLC in writing, to seek independent professional advice from a professional such as an afforney, an accountanl or financial planner regarding fhe implications of transferring my future rights to structured settlement payments. I have considered this option but I have chosen not to seek such advice. .sf The foregoing instrument was acknowledged before me this ~ day of >-pft'".b;r 200S- by the above signed, who is either 10, personally known to me or (~ who has prOduced ~ Ph*,.IO as identification. N~/'~ A Notary Public in and for the state of Printed Nome: Commission Expires: COMMONWEALTH Of PENNSYLVANJA Notarial Seal Angela F. Unger, Notary Public Omtown Bom, Franklin County My Commission Expires Oct. 7, 2008 Member, Pennsylvar1l8 AsSOCIation of Notaries Exhibit"F" Copyrigbt, Novation Capital, LLC (2002-2004), All Rights Reserved III ! ~ _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF JEROMEY TASKER A/K/A JEREMY MICHAEL TASKER FOR APPROVAL OF: TRANSFER OF STRUCTURED SEITLEMENT PAYMENT RIGHTS NO. PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS VERIFICATION OF JEROMEY TASKER I, Jeromey Tasker, have read the foregoing Petition for Approval of Transfer of Structured Settlement Payment Rights and verify that the factual allegation of the petition are true and correct to the best of my personal knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. 13 4904 relating to unsworn falsification to authorities. Dated: ~ 'i\r(:; . -<~ .:,1,) .,-, (., ,200b .. .. " "",-,\ ~ ".' ";? ~ ~ l.__ ?- .' ... ~ , 'J', c. -. r \to ...4, ~ ..::> W -" d v) r<'j C> " " c~'> ~ 0./ .IMI ? F:, iUUti IN THE COURT OF COMMON PLEAS Cf OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: PETITION OF JEROMEY TASKER AIKIA JEREMY MICHAEL TASKER FOR APPROVAL OF TRANSFER OF STRUCTURED SEITLEMENT PAYMENT RIGHTS NO. Of,. 'n,} (l1;;'l--r::.- PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS ORDER AND NOW, this 3t-tL day of -4-~ 200W' upon consideration of Petitioner's Petition for Approval of Transfer of Structured Settlement Payment Rights, as filed with this Court on or about ~ ..:)5 200~, it is hereby ORDERED that the Court of Common Pleas for Cumberland County will conduct a hearing on said matter on the~ day of Jk2~_ ,200 (PI at I D:OD l1.m. in Courtroom No. '- C) of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. By ORDER OF THE COURT: Dated: 3 F ~~ \'0~.t't-, 2001, ~~ ~ ( \. v J. ~r 1. ~. '" w r . I. ","'",\ r n..i'_r..J~~ \;jp \iVJ\ T:\ :;>'. '~--;)'>~:"]n'"' i!~,f1i"';.r,r-- ""-"":.r'i, J /'u..J'" " fl ~ L C : II fJV 8 - 83J SOul j,;.r,l'(i\ iiJ i C:'iJ 3Hl :10 '-l Y':"~'-l ".. "H- ~ '.'1-'1' , ;~JH::iO-{;:J i:,'.1 o2i22/2006 15 04 FAX 6109938585 DRINKER 8IDDLE L 1,!}01Q/018 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA IN RE: PETITION OF JEROMEY TASKER, A/KJA JEREMY MICHAEL TASKER AIKIA JEREMY TA.SKER FOR APPROVAL OF A TRANSFER OF STRUCTIJRED SETTLEMENT PAYMENT RIGHTS CIVIL DMSION NO. 06-473 ORDER r.- AND NOW, this 1.'"\ day of February, 2006, upon consideration oflhe wwpposed joint petition of Novation Capital, LLC (''Novation'1 and Jeromey Tasker allda Jeremy Michael Tasker allda Jeremy Tasker ("Mr. Tasker"), and upon consideration of the court order attached hereto as Exhibit "A" approving the underlying structured settlement, and subject to the written approval of the Court of Common Pleas ofLanc;aster Counly, Pennsylvania, the Court hereby finds as follows: 1. This Court has jurisdiction over this matter pursuant 10 the Pennsylvania Structured Settlement Protection Act, 40 P .S, 9~ 4001 et seq. 2. The transfer of structured settlement proceeds, specifically monthly payments of $496.00 each, commencing on August 15.2007 through and including July IS. 2017 (the "Assigned PaymeIlt9"), by Mr. Tasker to Novation as described in the purchase agreement (the "Purchase Agreement'1 between Mr. Tasker and Novation and in the petition in Ibis matter (the "Proposed Transfer") (1) does not contravene any applicable federal or state statute or regulations, or the oreer of any court or responsible governmental or administrative authority, or any applicable law limiting the transfer of workers' compensation claims, and (ii) is in the best interest of Mr. Tasker, taking into account the welfare and support of Mr. Taskec's dependents, if any. BIM4SI_ 02/221200, 15 05 FAX ,10993B5B5 DRINKER BIDDLE L 1lJ C 11/0 1 S 3. The Proposed Transfer complies with the requirements of the Structured Settlement Protection Act, 40 P.S, ~~ 4001 et seq. and 215 ILCS 153/1 et IICq., and will not contravene other applicable law. 4. Not less than ten (10) days prior to the date on which Mr. Tasker fint incurred any obligation with respect to the Ptoposed Transfer, Novation provided to Mr. Tasker a disclosure statement in full compliance with 40 P.S. S 4003(a)(2). 5. Novation has provided Mr, Tasker with a written notice on a sepante sheet in compliance with 40 P.S, ~ 4003(b). 6. Mr. Tasker has received or expressly waived, in a seplll'ate written acknowledgment ~igned by Mr. Tasker, independent legal advice regarding the implications of the Proposed Transfer, including consideration of the tax ramifications of the Proposed Transfer. 7. No vation has given written notice of its name, address, and taxpayer identification n\lIIlher to Allstate Settlement Colporation and Allstate Life Insurance Company ("Allstate Life") (collectively, "A1Istl\te'), and has filed a COPY ofsuch notice with the Court. S. Novation has timely filed and served on all interested parties, including Allstate, a notice of the Proposed Transfer and the application for its authorization in compliance with the requirements of 40 P.S. ~ 4004. 9. Mr. Tasker has COUSlllJted, in writing, to the Proposed Transfer, and Novatiott shall seek the <tpprOval of the Court of Common Pleas of Lancaster County, Pennsylvania, which previously approved the structured settlement. Based on tile foregoing findings, IT IS HEREBY ORDERED THAT: I. Pursuant to 40 PS. ~ 4003, the Proposed Transfer is approved subject to the further written approval of the Court of Common Pleas of Lancaster County, Pennsylvania. .ElTI'r! Vllkoo... ~lIt JlrtJplllrly-.me. 02/22/2006 15 05 FAX 8109938585 ORINKER BIGGLE L ~012/01S Until the due date of the last Assigned Payment, the designated beneficiary under lllllIUity contract nos. 90702370 and 90702371 shall be the Estate of Mr. Tasker. However, it is the intention of the parties that the Assigned Payments sha1l be made to Novation's assignee, Novation Holdings, LLC ("Novation Holdings") even in the event of Mr. Tasker's death. 2. Allstate Life shall fOTWlU'd the Assigned Payments, within 7 days of the date due, by check made payable to ''Novation Holdings, LLC (#52.0661)," at P.O. Box 102265, Atlanta, GA 30368-2.2.65, Tax ID: 2.0- I 861 001, all follows: monthly payments of $496.00 each, commencing on August 15, 2007 through and including July IS, 2017. 3. In the event Novation or Novation Holdings further assigns or otherwise transfers the Assigned Payments (or any portion thereof or any interest therein) to any other person ot entity (a "Reassignment"), Allstate !.ife wi1l not itself be obligated to redirect the Assigned Payments (or any portion theroof) to any person or entity other than Novation Holdings or tll any payment address other than that specified herein, and Novation and Novation Holdings shall remain obligated to comply with all terms and conditions herein. 4. All remaining Periodic Payments (andlor portions thereot), if any, that are not the subjecl of the Proposed Transfer IWd not previously assigned, shall be made payable to Mr. Tasker and will be furwarded by Allstate Life, when due, to Mr. Tasker's most recent known address or any payment address designated by Mr. Tasker, subject to Allstate's COMent. 5. Novation and Novation Holdings sball defend, indemnify, and hold hannle!lS Allstate and its directors, shareholders. officers, agentll, employees, servants, successors, and assigns, and any parent, subsidiary, or aflilialcl thereof, and their direclcrs, shareholders, officers, agents, employees. servmrts, s==rs, and assigns, past and present, from and against any and all liability, including but not limited to costs and reasonable attorney's fee!!, for any and all Error! UpboWD doaurmat proputy lIUH. 02/22/2006 1506 FAX 6108838585 DRINKER 8IDDLE L ~013/018 claiIns made in connection with, related to, or arising out of the Purchase Agreement, the Proposed Transfer, the Assigned Payments, any Reassignment, or Allstate's compliance with the parties' Stipulation or this Order, exc~t with respect to claims by Novation and Novation Holdillgll agairurt Allstate to enforce Allstate's obligations to Novation and Novation Holdings under the parties' Stipulation. To the extent that Novation or Novation HoIdin!!8 fails to honor this indemnification and defense obligation, Allstate may, in addition to all other remedies afforded by law, satisfy the same by withholding to its own credit any remaining Assigned Payments. 6. AUstate's lack of opposition to this matter, or its, Novation's or Novation Holdings' stipulation hereto Or compliance herewith, shall not constitute evidence in this or any matter, lUld is not intended to constitute evidence in this or any matter, that: a. payments undt:r a stroctmed settlement conlNlct or annuity or related contracts can be assigned or that "anti-assignment" or "anti-encumbnmce" provisions in strUCtured settlement contracts or annuities or related contracts are not valid and enfurceahIe; or b. other transactions entered into by Novation and/or Novation Holdings and its customers coJlStitute valid sales and/or loans; or c. Allstate has waived any right in connection with any other litigation Cof claims; or d. Novation and Novation Holdings have waived any right other than as expressly set forth in the parties' Stipulation and this Order, 7. Novation, Novation Holdin!!8 and Mr. Tasker. for themselves lUld for their respective directors, shareholders, omcees, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, administrators, and assigns, and any paren t, subsidiary, or ;lffilia:te thereof, ll1ld their directors, shareholders, officers, agenlS, employees, servants, SIl(:Cessors,ll1ld assigns, past ll1ld present (the ''Releasors''), hereby remise, release and forever discharge Allstate, and its directors, shareholders, officers. agentll, employees, servaats, IlUCCeSBOrS, and assigns, and any parcmt, subsidiary, or affiliate thereof, and their dim:tors. Errcir! Vnbo.,. doeoment p..-pmy ..... , . 02/22/2006 1507 FAX 610883B585 DRINKER BIDDLE L ~Q14/01~ shateholders, officers, agllllts, llIllployees, servants, successors, and 118signs, past and present (the "Allstate Releasees"), of and from any and all manner of actions and causes of action. suits, debts, dues, lICCQunts, bonds, covenants, contracts, agreements, judgments, settIements, damages, claims, and demauds whatsoever, in law or in equily, in connection with, related 10, or arising out of any claim or allegation that was or could have been asserted in connection with, relat.:d to, or arising out of the Purchase Agreement, the Assigned Payments, the Proposed Transfer, or the parties' Stipulatiou, which against each other or the Allstate Releasees, the Releasors have or had from the beginning of the world through the date of this Order, except for claims ofRelcll8Ors against the Allstate Releasees to enforce the Allstate Releasees' obligations to Releasors, if any, under the parties' Stipulation or this Order. i" DONE IN OPEN COURT this 1.'1 day of February, 2006. '\~ --L Judge ElT9r' V.bow. doaurunC propc:rCf IIlUrIC. -f t;- I:J ~ h \'-... '-(~ "() "- r ~ --' ~ '-< (d (") I.''" , ,- -~ - ~; " fA) C., 02/22/2008 15.07 FAX 6108836585 DRINKER BIDDLE l ~015/016 EXHffirr A BIl\341180\2 02/2212008 15 07 FAX 8109988585 DRINKER B1DDlE L lllOiB/01B AlllTASII:ER IN THE COURT OF COMMON PLeAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. No. 3339 of 1989 .." ~ <.:1. f'":'"""::t l=l-<.:5 z;.>: Ole:: ;:::..-,. (,1':1"";.. ;;I ~~~ -.- - - . .., ""'<::> P"<\ -n n en :", . g .. ,M ',>"'~":: " ~ ::0 m I ;:g en "" ".>>- pc;: == :! UI... ''l'''' o ,. w JEREMY TASKER, A MINOR BY.HtS PAREN'tS Ii NATURAL: GUARDlJUlS, SHARI TASKER 5 GERALD TAS~ER 5 SHARI TASKER i GBRALD TASKER IN TREIR OWN RIGRT : = = BARL REALTY, lHe./ooTeR IlOMDl!:RLMlP : 2!R~! AND !lOW t:his 5'" day of Apdl. 1990 upon cons1derllltion of t:he Petition of Shari Tasker and Gerald TaBke~ relative to a pro- posed settlement for 1~jurieB sustained by Minor Plaintiff Jere-v Tasker in an accident on Defendants' pre.ises whiCh occurred on August 15, 1987, the court: hereby ORDERS and DECREES the fOllo.inq, 1. Compromise of claim of Minor Plaintiff Jeremy Tasker upon the teras set forth in the petition is hereby approved, 2. The toul settl,"""nt of $75,000.00 in p.y.ent. of all clat.s of Minor Plaintiff Jeremy Taster.arlsinq out of the acel~ dent of August 15. 1987 shall be distrlbut&d'ae follOVSt (a) .~ of the total s.t.tlellent.eu~c1 'value of .. $75.000.00; or $37 "SOO~OO.sh"ll .'bCt uUlbed by Respondents' insurance carrier. T.R.B. . -1- 02/22/200G 1508 FAX S108838585 DRINKER 8IDDlE L IiJ O~I1' /018 ':.':0 .. :'" I",.ur.llee~IlY. fOT .,til.pJcIUI';'oi .':1\... ailnui tl'i881i6d DY A1ls~t"'i,fe,IniNX:an~ COlItlaliy. and .aVnedb,YAlbtateBettlwrie;\ COrpOTationWlliChwill"J'o...ida,oua~.nte4id . . .. future periodic .1'1l:pi8nte 'toM1nor.Pl.alnt'iff', . Jeremy ,Tasker .i1i1 'lt1liidi:edln:thelli.stlailt ~... . ..' petitionl .... ...... ... .. . ." '- ..'". . . ..,,',", (bl rhere.ta.lni'ng ~ ofthesehl~ft(f~~,'... $37,SOO.00 "hall. ~ distributed 'ail: fol1ow.i":~. .. (1) Jere-r Taeter, Kinor Plaintiff (sum to be placee! in a trust accoUnt until Minor Plaintiff reaches the ag. ot 18 years, at .II'1\1ch tie he may withdraw the futtde and use th.. as he seeS tit with prior withdrawal by Court order only) , $4 ;425.43 . (2) Gerald Tasker, wage reimbursemont (31 Shari Tasker, wage ret.bur~nt .hi'097~S.2 ;. . ..'$ 971.05 ".'..-" "', (4) Comaunity Anesthesia ASsociates, Ltd. $1,066.00 (5) ComlunHy Surgical Associates, Inc. . $4,940.00 (61 Going, Plank, Attorneys fee at . , 33-1/3 fee of total settle..nt fund value . . $25,OOO~OO ':, , Total . . . .' ..U7;'500~Oo. . ,. 3. Any funds placed in " bank .account in ,trust for Mbor :.i.'" PIainUff JerelBY' Tasker shall beheld by the bank or Qi:h~i:;'tin4rieial institution of petiti.oners' choieeltithsaldfunisil. to~.'~l.~:.in "'''''''', '." trust for Minor Plaintiff Jeremy .TAlIIter, .llorn Octobor .30.1!I80., -2- . . 02/22/2008 ;5 08 HX 8108838585 DRINKER BIDDLE L ~018/0H3 f I 4. Tlleaett:.le_nt as henin apprOV'ed~J.1.li<lt lrL~gll " .-,.' - , .'" . settle_nl: of l:l!.e liability of al1DOfendants n'..a,:hiilr.:l~':!~itd, . ",' , . .. - .' ~ ; ..: ... .-":: .: ,,: - \' -' " ~'.' ... ,; ,", . their ins"t"ers for aU cau.ses of. 6o:tlon orclaiiil.t:liai:,:th'!"Plain-.. . .,:,d,n,.: ""'. ..:'...,' : .:':,": _", . ',; -' "..,"_.'. .' tiffs or any other per.roft or pllrtyh~."e or ..airba.,,&;~is '.:.~il8i.lt,6f .. ."-'i:,", ,_,:,:,~>,~:...:;,:,,~,,~:,~_,"".~ .'._,".\ the injudes 1I1.1$tained by Minor Plaintiff J.u:eIllYTaliker.bY'reaii"". \; (",: ' ,,' , :, " '.: :. '.'. ',. ,.~ of the accident of August 15, 1987. 5. pt"oof of deposlt of any funds placed in trust for' . . .. Minor PlainUff shall be filed of record purlluanttoPli.1t.c. P. 2039Ib). 6. Upon approval of tne instant petition and pa,.ent of all funds as contained therein. the ?etitionerssball enter 4.full satisfaction of the withi;, aetion upon thed~ket.Ofthls"cOurt. "7ao~'~ ter._. J. Attest. fJE1IUW~ .o>!,","'".....'~".lO"-"':~...;; ~~~~~l!'~:~ ~~:; ~~.!,'. ~" .., ;~~~r:~.~~~l,~:~:: _...."';~"~.i....:.;...; ,...'. ~1~'~"...AI..,.J"~~"".. ,tgi'~""< $~ :!1"1t! ;;i~iA..',:!S~ -3- IN RE: PETITION OF JEROMEY TASKER, a/kJa JEREMEY MICHAEL TASKER, for Approval Of Transfer of Structured Settlement: Payment Rights IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-473 CIVIL TERM IN RE: PETITION TO APPROVE TRANSER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS ORDER OF COURT AND NOW, after hearing on this 24'h day of February, 2006, the Court finds that the requested transfer complies with the requirements of the Structured Settlement Protection Act, and does not contravene any of Federal or State statutes or regulations, and that the transfer is in the best interest of Jeromey Tasker, accordingly, the Petition for Approval of Transfer of Structured Settlement Payment Rights is GRANTED. By the Court, ,,~ -t ~ M. L. Ebert, Jr., Allen D. Moyer, Esquire 8150 Derry Street Harrisburg, PA 17111-5260 for Jeromey Tasker 'Up<f .0<4<:h<l. ;;l, J 1. tit.... C).v' bas ',I,. ') I ., iil