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Home My WebLink About06-1321 RE: JEREMY TASKER :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO: 01.:. - !Joll (!{~~L~8Ll PETITION FOR PARTIAL TRANSFER OF STRUCTURED SETTLEMENT PURSUANT TO STRUCTURED SETTLEMENT PROTECTION ACT 40 P.S. 4000 ET. SEO. TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes Petitioner, JEREMY TASKER, by and through counsel, Lawrence J. Rosen, Esquire, and respectfully represents as follows: I. Petitioner is and adult individual residing at 327 Orange Street, Shippensburg, P A 17257. 2. Petitioner is the beneficiary of an annuity contract issued by Allstate Life Insurance Company, 544 Lakeview Parkway, L3F, Vernon Hills, IL 60061. The structured settlement provides payments to the Petitioner as follows: A. $37,500 payable ..................................................,.....................".August, 1989 B. 48 payments of$500.00 per month commencing on................ ,August 15,2000 C. $6,000.00 per year for four years commencing on.....................August 15,2000 D. $496.00 per month for life with 20 years certain commencing on August 15,2007 3. The structured settlement payment schedule is more fully set forth on the Settlement Agreement and Release entered into with Allstate Life Insurance Company (Attached hereto as Exhibit "A"). 4. Petitioner proposes to enter into a purchase agreement with 321 Henderson Receivables Limited Partnership ("Buyer" or "Transferee"), its nominees, successors, or assigns, whose address is 40 Morris avenue, Bryn Mawr, P A 19010 who will purchase 120 monthly payments of $496.00 each, beginning of 8115/2007 and ending on 7/15/2007 from settlement Obligor, Allstate Settlement Corporation of Vernon Hills, Illinois and issued by Allstate Life Insurance Company of Vernon Hills, Illinois for a one time payment of thirty thousand dollars ($30,000.00). A copy of the Purchase Agreement is attached hereto, made a part hereof, and designated as "Exhibit B". 5. The Buyer/Purchaser has furnished Petitioner with a Disclosure Statement pursuant to 40 P.C. Section 4003 (See Exhibit C) at least 10 days prior to the date on which Petitioner first incurred any obligation to the Buyer. The Statute also requires a Petition and court Order, authorizing the sale and a finding the sale is in the best interest of the Petitioner or the Petitioner's dependents. 6. The buyer/purchaser has served written notice, including its name, address and tax identification number, to the structured settlement obligor and has served written notice as required by Pennsylvania Statute 40 P.S. Section 4004 upon all interested parties, none of whom have objected to the transfer. True and correct copies of said notices are attached hereto made a part hereof and designated as "Exhibit D ". 7. Petitioner's best interest would be served by granting the relief requested herein so that Petitioner can satisry current debts and finish his education. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter a rule upon Allstate Life Insurance Company and Allstate Settlement Corporation to show cause why the sale of a portion of the structured settlement payments stream between Allstate Settlement Corporation and Jeremy Tasker to be sold and transferred to 321 Henderson receivable Limited, Partnership, its nominees, successors or assigns should not be approved. Date: !2./fJ.$).2../JO ( Respectfully submitted: KREVSKY & ROSEN, P.C. By: " -:." ~' I." i ,._, '.! t) I ( 1 r: I I',.~ .J I.:l 'f t:: I~ .~ '.' 11 I " 19)'J".,. 2. PaYJ'M!Mts In co"siderutiofl of the [<oleuse sot forth abov", the Inllut'or On b"half of th.. I<eloas"d parti"lS het'oby agrees to pa.' th" following .ums in the foLlowing manner: (AI. l~~ediate Payment: Th.. Gum of Thirtw"vGn thOUittd five hundred snjl,r:L '! ~;~a,.LQ ',I. .. . ($ 37 ,;OO.J2.!L) to ~ ndlvidualJ.y, and Dennis 1;.. Plank __ hi.s/her attorney("J'. dollars (b). Fut.urtO Pe!"iodic pavment.a: $~~:.S~Ot'O~.'II? PuJ:-chase an ~",ul. y ,~Yl.Ilg' 'The su.tn of ~ $~OO pet:' month Ccmmt;tOcing on ^ugust 15, 2000 and monthly thereafter for (481 monthe certai!"'l. The sum of: $GOOO ~"r year Commencin~ on Augu$t l~, 2000 and annually the""sEbor (Ot' ('I) yeat.a QortaiC1. The sum of, $496 per month Comm"".::ing Oil August 15, 2007 and monthly thereafter for (20) twenty yoars or lifa, whichever is grea~or. Payable to "er"mv Task"" Any and all payment. to be ..ade at'e not comp"f1satiofl but are on account or ~hyslcal injuries, Primary Beneficiary In the evont or: th. de&th or JER~Mr TASKeR any remainin'J payments will be paid when due to Shari T~sk~r and G~rnld Ta.k.r ;:"'.J Ei'02.Et>;;G3al:Dl S:;;'3~5-ci:S-j.'tL-': l-lW-id ),~',1:3H .l 1:::3EO~:WO~J es:t-l S02i2-~'n-.1:Jc- 02/21/2{(J8 17 1E r~.)( JG ~IEN'!ORTH f.a!.(J1S/:r;il (c). run(~ina PcvL.1J : It is undc~.tood and ag~oed Lhat Allotate InsurAnce comp~ny will ~ay the ncces.ary money to All't~to Settlement Corpor.ation in ardor. to transCor. Lts obligation to maXe the (ul:ur.e pododic paymllnts lltlltad heroin to AlhtQttl SeUlement CO rparll tlon . S:"lari T..sy...... Gerald 'l'c.sk~, and hc~elJy agroo Jeremy Tasker Allstate Settlement corporntlon (or. tnoso to look sololy to CUlure payments. It is undc~stood and agreed that tho obligation to make future Dar.iodlc payments will be t~an8ferr.ed to AII.tate :;etHemenl;. CorporAtion and IIlhtata Settle..ont Corpo"ation will Cund its obllgation~ with an annuity eant".et pu~ch~sQa (r.o,n Allntato Lifo IIISUrllllco Co"'p"ny. hllst..to Settlemont; Co I"[lOI" 0 t ion wi 11 be the ownar of such IlnllU ity contl"ae I: "lid shall rotain all rights of ownorshlp ther.eLn. (G). Control of ~Qymontsl The Roleuin<;/ Porties shilll hovo no r.i~hl: to t:he clineountecl preSQ lit v41ue of the paymonts and 110 right to conl:(ol the investmcnt oe that amount. and no right to anticipate said payments in advance of tho afor.mentioned !Schedule:. J. Rcleosing part ion' niqnts to PlIvmcntn ThO l'\e1045eu l'u'tloG lind/or tile lnsur.er shall not 3Q(Jre!7oto Or set aside ony of 11:8 QSSQt~ to fund tho paY~8nts to ReleasinD Parties required ho~oin, it boing Understood Relouing p.1rtio. arc and shall be 1I genoral creditor to the Ralcasod Pa~tio" the Innu ror. Dr. thci~ .....lgnoo. Said paym~nta cannot b~ aecel"!:atcd. duCol"r"d, incrou<ld or. Qccreilsed by tile nal~hlGino partics and no part oE tho paymDn~. "..lIed for horoln or. allY assets ot tho nelea~od Par.tics, In.ur.G~, or tho AD9iqnoe ..roo to be subject ~g execution or. ~ny legll proceG~ for. any obligation in any ~an"Dr. oar shall tllo nete.sing Pl.lr:tlos ha\'" the po"cr to '011 a~ mortgoge or encumber. samo, o~ any Dart thereof, nO~ a~tieipate tho same, or any par.t ther.eof, by a....ignment or. othorwise. ~'d ['921.."SfJIl81,Dl S926-2.S-HL-, W~l;Hd ~aSH 1 l~3ElJ~'WtJ(lcI 8S';.! ~OOC-01-nc :: / ~ 1.. ::' I,I:J~; 1 ( .1 i: ;-~. ,~, .)1) 1I't r~ i \'i UI-' Ii'! I,{iJ ..I ,: '.I.' ~"j.:.t 4. Ouali~ied ASSlqnment Tho 1'11' r-t ies. hOlrQl:.o l\cknpwllJc1Qo a.n~ &'iu"ee: that. thG Rele4Aod Pa"Ucs anti/or tho I"',..."... ...ill "'B~e /J "gu.1HiGa assignment" within the meaning of soetion 130 (cl, of the !ntec-nal RevenUo CQdo of 19~4, ..& amended, of tho lIehasorl l'al:'ties' and/ol." lhn IM.....ec.s 1hbility to make the /lcdodic peYlllon,l! ""<luic-oll hc""ln. Said ellsign..e"t ahlll1 be accepted by 1:.110 1',,1",1$1nll PAr-tics without doght of t'o:lecl:.ion and shall oOtl1pletaly t'oleau ""Q discharge the Released pa..tiesand the In.u['oc fram such obli~otions h"reunde.. a. a,,~ assigned to the "soignee. Tho R<:lOilslng Parties ,,"coqn1... thllt" ,-h~ a~siqnCl: shall be on'lL" !lol~ ooligo/:" "Uh r-espcH,t to the obligations assignod, /Ind that aU otho~ ..e1e/lS09 that pertain to the liability of ~hc lleleand PartieS and the lnsu~ev $hal1 thereupon become final, Lrt'evocable /Ind absolute>. If the liability to make the periodic payments in assigned by "a, of a "qualified assignment', 1. That perio~ic pa~ents from the ..ssignee cannot be ..cooler-II tel'l , dClCet'red, increased ot' decreased by the n"lOi!lsing parUes 2. Th... a..ignee daulI not p"o.~lde to the nelell!lin~ PlUt10s ri.,.h\:" asain..t tho ,".oig"ee thot at'o gruter than those of " generlll oredito~t and 3. 'the ~sol9n1!Il'S obligation for- payment <:Ie Lhe l,,,dodlc paymanes 15 no geeatec than the abliQiltlon of "he peraon oc1~i"ally liable (wheth.... by suit Or agreeMent) fo, p..ymel\L and from whom the obligation ~ae assigned. v'd W21~v~;llOOl :01 S925-~,"-!,lL.1 _ i<lN3H;. .l.oJ6iJi:1"IO~J 8S'''1 Si~<Hl1'DO 02;21/20)8 17 7 F~X JG WEW"WORTH lt1J021/034 .:i... !!i!J~ll l..o purchar-' iJn ^nn.U1..tlf 1:1,,,, 1\51;19n"" wdl Cuncl H~ ll...blli~l' ~'J ,...k" ".,Iodle p~Y>1\~nl>l th~ou"h lIl\! purc:h"se oC "" .nnuay I?olley ["0'" Alls~..l. J.,i(e lnsuron.,.. Company. 'the ^"sigM'. 5holl be the ownor. of the onnuity poliey, and sh.ll have all rIghts of owner&hl~. The ^""1'1neo moy have the annuity carrier, Allsta~. tole. I"su~anc" Company, ",,,11 paymon\;,s rHrecHy to ~h!) Roleaein~ P.rt.lo~ rGc:eiv!n~ p"rIo~lc: p.ymonee. Tho "...id Rele"..inQ ParttaK .hall be r.c5ponsil,ttl for maIntaining ehe currBney of thlO p..,ope.. mdllnll address and mor.tality intorm"tlon to Allstate ~i[o Insurance Compo.,y. 6. ~~or.ney's Pees E"ch /.Jdrt, hereto Shall bear ~ll attorney's reeo And eost 4riSln~ Cr.o~ the aetion5 of its O~n ccun$el in connection witn the Co~pluint. this Sottlement Ag.eemcnt and the m4tte~5 and docum~nt. <oC."-red to here.n, the Elling of a DIsmissal o( the CO'~l'l,lnt. and all /"el..ted mattets. 7. ~elcasin~ pa.ties' Beneficlaries Any vaymentn to be made acto"- the doath of tn~ ~elea9Lng po.tiu, receiving poriodic payment. pursuant to the terms of this i;;olUo",onl Agr.e....ent shall be made to such person or ontity as sh"ll be desigMte\! In wr.iting by said Mlell"Lng t'ar.t.los to tho I'lsurer or th<ll Insurer.'s "ssillnee. I! no person or entity is SI) des ignated by said Rcleasi'lg Par.U.s, I/ut;h payments shall be m<lde to lhe e~t.t" of the said Relea.ing Parties. No sueM ueslgnatlo'l nor any ..evocation the...or shall be effecti.ve unless it Is i" writing and dolivered to the Insurer or. the Insurer's assignoe. 8. T~x Olsclaimer CLAuse nQl~a$if\'l 1'..~t.L.s a<;lree .nll warrant that I:hey (ully un<i~<sldnd that tho ItOloased Partill,. and ^saignoe have no "..,,,trol or r.esponsiblllty and shall havo no liability for any changes i'l the law or. by virtu" ,,~ any "ulin9 oJ: the Internal Revenull Service ["IRS") w/llt;h might result in 11 chanll" [n the tax-free status of any portion ot the be'lefits herein descr.ibed. Any c~ango. ~odlfication, or alteration in tax rulln'ls. regulations or laws rJ"Uinq .,l~h the taK.bltlty oE ..aid payments '''' those p",,"vi<Jed for herein ..l1al1 h..ve ,,,. effeQt upon this SetUement !\gr...ment and Rolo.... oE aU Chims whiCh is full and ,final upon ox~cueio~ a~d PQ~fQ~~nce, I Sl s>~, 5921Et>Sm81 :01. S92G-2;;~-1.1.i.-1 WoWd AON:3H 11.~38(J~'~~"; 8S';,f, S002,en,lJ,c <i':' 1,1 i!.JIJb I i I ( I'I',A ,-ill \Ir'U,' ~UK I tl I.rL\U':'::i,I,:,t1 '3. Discharge o( Obligation The obiigulions of the ^Qsigneea to mak" e;1ch monthly puy~ent purausnt to the tdr~. of the Agreement .~..11 Co discharged upon the mailing o[ a valid check in the ..mount of such pnyments ~o the .o~ro.o Oe.ignote~ by the party to whom t~o poyms"\:. l~ required \:.0 bo mado under the term. of the Settlement ^7rcement and the Insurer shall not ~ liable for the fallure of the ..p~ropria\:.. persons 1:.0 rec~lve any such check if said cheek is $0 11I0 ilod. In the ovent of non-roceipt oe ..aio:l ",,,Hco chock the nOleQain~ ParLy sha~l no~iCy ~h~ aesignee. The ,.$(9ne" will upon ptoper l'Iotif icatlon \;a1\o the nace.sary atep. to iIIsl.le a sLop paym~nt on said migsing check and ~~place it as iG proper. 10. Ganornl Release The Releasing PartioR hereby aekno~led?o and agree that the ~~lQa3" 5el Eorth heroin is a goneral rol..aso and further. expressly ~alve and as~Uma th~ risk of anr <lnQ all claims for dam"Jos wllleh eX is I;, 'liS of this "ate but whlch do not know of or ....spec~ \;0 ."ist, ",he~her through illnorance, oVQrsighL, error, negligenc", or ol:.hlrltiCo. and wl,Len, if kno...n. ...ould mat"dally a(fect their Q'Icislon to onter into this SoUl.ment Agroem"nt. The 1\"le.,.iog ['artie, fUl:"the~ agree thoy h".... aeeepl;"cl payment of the sums specieled 110l:"0'1'\ as .. c:omplete compromise and satisfaction of the Final Judgement involving dispu~ed Issuos of law and (.ct and they eul1;; assume the risk that facta ,,'. la.. mey be otherwise than tney bellove. 11. Warrantr of CapocLty to B~ecuto hDree~ent The Relealling Pal:"tlcs represent .no warrant Lhat no Q I:hot' v"rson ell:" entity has or l1ae had any interest in loh. claims. demands, obligations. or ....uses of action refel:"l:"ed to i~ thls SetU..ment A;reement. that th..y have the solo right and o~cl\l.ive authority to execute th~s Settlement AgreemenL and receive the sums speclfied in it! and that they h..ve not sold. assigned, trans!orrsd, convoyed, or otherwise disposed cE any o( the el4i~s, demandS, obligations. o. caU$ea of aclion ~eCerr8d to in this Settlemertl ~~eemenl. (61 9'd 6921!:~1'Oi S926-2l:<;-L1L-l \.W-Id ~3H ). )'~38oa:wCl'l.-l e>;'~'\ selO,,-01-DO 1J:l.;" 1 .' ~ f) ':)\:; 1 I 10 f ,O,,~( JI;i \YE'oI'\'/UR1H ~\J.!:)/:\';: H. Dischill1er_ of LiQbi1ic~ Th" noleasil'l\l Par\:ies olll."e" IInd acknowledge that they acc.vl.: paymont of the sums specified in this Settle",en\: Agrcclt1enl: a$ " full and coml?lete co",pl."omisc of ",attet"s involving disputed issues; that noilhee payment of the sums by the Released Poetics. I",surers, thaic assigneQs. nor the negotiations of this settlement by the Insurers, theit" ~clc"..d Parl.:los. or their a\:l.:ocneys shall be considered Qdmle$i~ns by any of said porties, that no paet or t>...osent I'le\jlillencc On t.he part o~ the 1\\;1..08eo Pc ...tie.. be implied by such >>.:lyment o~ ne!lotill~lons. 1). Dolivo~y of Dismissal with P~ejudiee Concu~rently wlth lh" cxecution'of ~his 5GlUeme"t AQt:'cp.m"nt. CQun.~el CO~ tho \\81011811'19 ?ard"s has d.liv"~ed to eQu...."l Eor th" Roleased Partios. 01." counsel for the Insurer an executed Oi$m<..,,\ wlt~ V~ojudicD of the civil actIon dosc~ibed 1n para~raph 1 above. The Releasing Partilts have llllthorlzed thQi~ Attorney to ""ecute this Di,$1111sea1 on tr",te behalf /lna l1er<loy au tho r l Zo 00'JI'Is01 for the Rulaasod Parties or coun""l fo~ th.. Insuret" to fil.. aaio Dismissal with the court and entet" it as a matt..~ DC '''coco. 14. Const.ruction b,y: PQfll}sYl""ni~ LaW. This Settlemen~ Agreement is ..n~..r..d lnto tn th<l Co",,"onwealth o'E 1'1\1.,' '. and shall be construod snd lntel'pl'oted in ..ccordanc.. with its law... (7 ) l: d 6921~b~OOtlt:ni. i9as-2lCS-LlL-l _ A>-li3-i 1 l<JilEIJlNUcl,j 5S'v! =2-01-eO t)t:/t- ',1.:::'}Jr;, II I') 1"'....,' -'.... "L." I II VOl'" '/'-" --' ~5. IlcP...o"cntaLionn, <Ie Compeon,,":>ion of Docum.....s In entering into Lhis SeLLlement Agreement the R"lcnsin'J Parties eeprc!ScnL that they havo .relied upon Lhll le(J~l advice or Lheir atoorney.., who are ohe o.tt.orneys o[ their C1o/" enolc.. alld that the terms of this Settlement Agr".",""t h"va I:l..,,~ coml,'lota\y read and explal.ned to the", by Lheir ..tto...n.}'", and that;. those terms are fully und.......tood and volunt.....ily ..c~eptod by thorn. 16. entiro AQreement and sucCon~OCD in Interest ThiS settlement Agreement. contain.. the entire ogreemant bet"'een the Releasing p"rtiCls, tho Releaud PDrtie. and th.. Insurer with reg"rd to th, matters set lorth herein and chall be h.nd ing \J.['on and en\J1:fIl to the bel'ltJU t at tho .a..cuto~~. admini" trll tors, personal repr.."ntllti"es. he i..s. "UOCQSSors lInd a~~iY~$ of each. It l~ ,,:;>ec1ElcaUy understood an\! 8\lrDlild that this Settlement /\groomenL and Ilclo:ase of All Claims is not inl:.ended to rele..". IIny of the Oefondants named in ,th.. pend ing action whioh it': the subject mlltl:",... of the "Complaint" other th..n the "Rel.c<lsod Part.iqs." 17. ndditional OOcumBntp ~IL parties aqree to cooperate tully and e~ecute any and all $UPDlementary documents and to take all addition.., actions which may be noCeesary or appropriate to glvG full force and eCEeet to the b...le t~nn. end intent of this Settle~ent ^g"e~..ent . (81 S.d 692I~\>.ooe1 :OJ S;92G-~g-L!L-I _ ^""3H 1 Hi3GOll WOll.ol 6;;:\>1 ~~e2-m-~JC i:':~/:,:'l.'!(')~ I{'!~~ r~.Y, Jl.:i vn:."I' \'iUH I ii IQj'.'c:tl/'),J"i r. Allstate Life Insurance Company A Slock Company ~- Home Office: Northbrook, i11lno;! 60062 This contracl ia laoued Ie the Ownsr (nailed "You") In cOl..ld....tlon 0' the application, a cop~ Of ""hioh is attached. and your payment of Ihe 81ngle p...mlum. This corllracl end the, application .re Ihe entire oon. Iract. AlI8lat8ma~ls made In lhe application are repre.entatlons and nol warranties, No alatement will be used by U8 In dellW'SIl of a claim or to void Ihla oonlr.ot unl... it i8 In Ihe signed application. Only our olfieo" may chMge Ihlo contrael or waive a rlghl or reQulrament. No agenl may do tnis. Allstata Life InsurMce COmpany (called "W8" or "us") will pay Ihe Annuitant or 1M Owner's designee lhe Paymenla ahown on Page 3 as lono .. the Annuitant Shall live. III aedltion, If the Annuitant IS nOlllvlng, any Payments shown as Cerlaln Paymlmla on Page 3wlll be made to the Benellclary, Ted. conlract terminalls on the later 01 the payment of Ihe lasl Certain Pa~menl 13r tna dealh of the Annui' lanl. If yo~ ar. not saUalled wllh thl~ conlraCI, Vou mav void It b~~t to ue or our agent within to Days afleryou reoelve It. Wewll! glvevou all of your money back. ~ "i.R POLICY CAREFULLY. A~ , ,./ , President /"'" 6?~.%.~~ See"!:llary Page t (1-50) lU!l70 TASKER SEX MALE DATE OF 'URnl NAME , ANNUITANT, JE~EHV ~ICHAEL OCT 30. 19~O CONTRACT NUHBER, 9070Z37D ISSIJE DATE' /LUG 23. 199Q OWHER. ALLST/LTE SETTlEHENT CORP PAGE 3 POLICY DATA PAGE FOR LU~70 61"d rS92t~bfi0i3('3'( :01 ~saG-2li:S-Ll.!.-t ~ '\~3H ~ .L~3BOc:I,IO~.J m,pST S002-01-.L:xJ 02/21/2(1)8 11 1~ F~X JG n~'I'IIJH1H \1Ll1J~!;' ')jl.) r \ Page 2 ra~'lII!l.Ot Cam......"\ .~; l'll.'~"" SCHEDULE OF ~AYMeNTS DA.TE AUG IS. 2007 MID THERIiM TER AMOUNT . 4'6.00 MONTHLY CERTAIN PAYMENTS, THE FIRST 240 PAyMENTS SHOWN ABOVE. THE LAST ONE SCHEDULEO ~OR JUL 15. 2021. TASKER SEX MALE DATE OF' BIRTH OCT 30 I HBC NAME ANNUITANT. JER.MY /1ICHAIiL, , CONTRACT NUMBER. '0102370 ISSUE DATE' AUG 23, 1"0 OWNER, ALLSTATE SETTLEMENT CORP PAGE 3 POLICY DATA PAGE FOR LU9TO t1 'd 69C,~,,:0e08,:OI S926-2~s-nL-1 ~.2ji;l1d ,\l:IN3H 1 l.S38Ll~::liWOOj OO:Sl sel02-12'11--1JO 1)~'/'2L<.'(!jB 17'20 FAX ..!G ~'(~FiIIOF:iK !4l O:::\)/ '):34 " ,- i,il t. . At.L.STATE'L"l'J'1:: 'Il'r.iUHA"'''~ ..........n....' Application for Slngl' PremIum Annuity 1. Annuitant a. Full Name (PAIN'O c. Addre.. II. Phon. I 2. Owner TASKER JEBt;~'( Michael b. Social BtGUllt~ No. 199-68-4771 Laar Flret Middle 98>0 Loeust Street, Sl'linoensoorl/;. l'etm'vl....nia 17257 No. and Stleet CIty. COunty Stale Unla1OWl'l a. Blrthdato IMIDiY).12-J~...M.... I. Age 'I lip g. Sox.1L.... a. Nama Allstate Settlement Corporation b.flelallontoAnnullAllt ~one AcldreasOn, Penn Square West,Ste. 1504 Philadelphia.. PA~02d.Non" N'II. and Slreel Clly &tate Zip Phone 3. Single Pl'emlum Valuable Consideration (musl be 9ubmfl\ad wilt! IIPpl/eallonl ~. Type 01 Annuity 0: a. Certain Paymenla only [Annultanl'll sUl'llfnl not !8qu/tedl Db. SlngleUleAnnully(eubmltproorolag8,e.g.blrlhCllrtlllcate) Commencit'. 08-15-Z007 o c. Joint and s..t'lllIor Ufo Annully(aubmll plool of og... e.g, birth clllllleI18'; ,Iso ,ubmll LA5121 6. Numbe, 0>' Certain paymant. 240 (Enter "0" 1/ none doslred, e. paymam Information a. Flrlilllaymenl elate (M/ON) -M.J~~O $500 par month for 48 months. b. Frequoncy: iJ Monl/1ly O. Amount/o, 01 Pilyments o I. Ltvel paymonl8 of $ o Ii. Slart payment. II $ (percenl or ameunt) G Ill. Irregular Paymanla Q!!!' ",__ Amount . , . . (11 o Annually Olrrogular tl Other 5&,000 P"" year (4)~5 Commencing: 08~15.2000 49&.00 Commencing: 08.15-2007 L/20yrs . Increase parm"nll (lrequenoy and duration). Oata Amount B!.!!! Amount I o Other Cleslgnee (glye name, addrass. rolallon. elC,) 7. Make payment" 10 1GI Annul lent , 8. SeMI/clary (will be lhe AnnuItant's ..Ial. If lall blank) a. Primary; Name GEAAtD 1AS!<ER Flelallon 10 Annullsnl Fether IN ~A b. ~N.mo siv.RI TASKER RelallonloAnnullant Mother SHAllES The Appllceni repras""ts that ell Glatamenle and ..nswera on thiS Applioatlon Ire true 10 tho bul 01 his or he, knowladga and oallef .M completely racorded Mreln. otI..,. --/'9/.(,_oaI0: ____J.._-'_ Slgnalure Mo. Da~ Yr. oy Applicant; Albtat. S..tU""",nt I'.n'i> Agent: GERALD D. GREGER LA511.1 :;:1'0;1 6Si;n:i:..s1l0S1 :O.L S926-e>;S;.L1L-! W<ltt-Id A~3-l ~ .L~3eo~:1.0~j 00,:;;, S[lB2:e1~1~J Exhibit "B" . .. l. ~ I i. I) ',.' lj i I I) '::i t I' l. ,Jl;; 'Ii t 1'~ I WU 1". I ti ~ l,"..',;i/')~41j PURCHASE AGREEMENT This is a i'urchJlge Agreement. The <late .fthi, Agreement is _,200__. Jeremy Tasker is the Seller, 321 Henderson Receivables Limited Partnenhip. a Nevada Limited P.rtn.~hjp, its successors and/or assign. t. the Buyer. In !his Agreement, Jeremy Tasker is referred to.. "Vou" or "Your" and 321 Henderson Receivables Limited Partnership or its nominee, i, referred to 8.5 "We'\ 11 Us" or "Our". BACKGROUND OF THIS AGREEMENT I. Your 01" someone 00 your behalf signed a Settlement Agreement (the "Relea~e" or the "Senlement Agreement"). in eoJltlectlon with the r..olution of. personal injury claim, 2, The insurer fIlnded the Payments by buyin@ an annuity contract (tile 'Annuiti') issued by Allstate Life Insurance Company (the "Annuil)' Company"). 3, A list ofthe Payment. being sold under this Agreement is attached to this Agreement as Exhibit'IA", 4, You desire to ..11 and assign to Us all orYour rights to receive an or a portion of the Payments under the Relt8$e. as described on Exhibit "A". all or the other rillhts You have under the Relea.e and the other rights as described in Section I(a) below. We desire to purobase all of Your rights and benefits, on the tenas and under the conditions described in thi, Agreement. You and We .~r...., follows: 1, Purch..e and Sal.. a, You !lOW sell, transfer and ...ign to Us all of Your rights in the "Assiined Assets" as listed in Exhibit "A". By Our signing !hi:! Agreement, We are hereby purchasing and accepting the sale and assignment ofall of the Assigned Assets described above. b. The Gro.. Purchase Price Is Thirty Thouaand Dollar. and 00/100 Cents ($30,000.00). The Net Purchase Price payable to 'I o~ is $29,500,00 (the "Purchase Price"). The Ne' Purchase Price will be paid to You when both You and W. sign this Agreement and We have completed Our internal process, 2. Aeknowlodemenl. a. You will alVee afler Your signing of this Agreement to delive, to Us. addressed as We may require, other notices, instructions or documents, and copies of them, as We think are neeenary or proper to carry out this Agreement, b, When You and We sien this Agreement, You will also deliver to Us: (1) a letter addressed to the Annuity Company directing tho! all payments of the Assigned Asse,s after Your death shall be sent directly to Us, and (2) . Change of Beneficiary Fonn changing the beneficiary of the Assigned A,sets. ,fter Your dealil, to "321 Henderson Receivables Limited Partnership", as sole beneficiary [(1) and (2) above ore referred to as the Change of Beneficiary Form]. The Change of Beneficiary Fann will state that the instructions may never be revoked and that no change may be made in the instructions or lJ\itial .~MT_ @lOOS 321 HrndenlOlt Rec('lVabl~ [~imited PartlItnhip 02i21;~O~8 17 08 F~Y JG \\EIIfIOR1H I4J 004 !O:)4 in the payments (including as to the payee or the manner or place of making such paym.nu) without Our prior written consent. You will al",. when this Awe.ment is signed by You and Us, d.U"er to Lis, addressed.. We may requite, ,uch other notice" instructions or documents, and copies of them, as We think or. necessary or ptoper 10 carry out this Agreement. C, Before You and W. sign this Agreement, You wLU deliv.,. to Us an acknowledgment of the &tate of Jeremy Task.r. .. primary beneficiary of the Assigned AMe"', of the tenus ofthi$ Agreement. the E'l1Ite of Jeremy T.sker will agNe that they 8J'e not .ntitled to any rights to any of the Assigned Assets. d, You agree to sign all other document' which We may request forever naming U. as the only beneficiary of the A..igned As..". including but not limited to an agreement to provide in Your Lost Will and Testament \hot oil of Your right. to the Assigned AMets were sold to U. (a "Testamentary Agreement"). e. You acknowledgc thaI We advised You 10 obtain independent professional tal< advice to determine whether this mm..ction will resuh in any .dverse federal andlor state tax consequences. f. You acknow..dge that We advised You must obtain independent legal representation prior to executin= thi. Agr..ment and that We have advised you that We may not refer You to any ,pecific attorney for such purpo,.. 3. Your ReoresentatioRSllnd Warranties. You now repres~nt and warrant to Us that: a. You own (and ale ..elling and "",igning to Us under this Agreement) .Il of ,he Assigned Assets, free .nd clear of.ll claims, liens, charges. security interests, ellcumbrances, and aveemenls of any lUItur. (other than this Agreement), md when You and We sign thi, Agreement, no one ot,or than Us sholl have any present or future righl to tho Assigned A".t., b. 111;, Agreement OIId all of the other docume,," .igned ill connection with this Agreement have been properly signed by You, and they represent Your legal, valid and binding obligation, enforceable against You in acwrdaw:e with their terms, e, The signing and performance of this Agreement by You and the transactions described in thi, Agreement: l. do not confJiet with any other obligatio"" of Yours; ii. will nOt cause a viol.tion under (or create any right of tennination, oancellation Of acceleration or similar right under) any contract ur agreement by which You or Your ....ts, includmg the Release, are bolJlld or may be affected; iji. wm not create, or give .ny party (other thAn Us) the right to creale, allY lien, charge, security interest or ~n.cumbrance in, to or on any of the A..igned Asse\.; and iv, will not cr..te. present or future right in any other party to make any claim against You or Your .ssets, or any of the Assigned A.sels lnilill' j;1;7i_ 2 @2005 .121 Hend~rson Rc<<h..abJcl Limil.ed Panncrstlip L)~,".'1i.21) :~; 11' 1)8 ~/~; --18 iliUH'liORTH iJ '-'C!:. i(:34 d. You undont....d the terms and provision, ofthi, Agr.en">1lt and You havc been repr.'''''ted by lax and "c<owlling odV;'''IS and" lawyer in the .igning afthi, Agreement. e. Neither You nor an)'Qne else have to <10 anything el.. for (1) the proper ,igning and performance by You of this Agre-.ement and any tnms3ctions intended to be done in thi. Agreemeut, or (2) the carryin~ out by U, of any of Our rights alld rcmildies wIder thi, Agreement. No other person ha. made a claim i.tI any rights ia or to the Assigned Assets, f. Vou bave v.lid !'ellSOn. for selling Your ilIterest in tho Assigned A,sets ,"lher ttJan oblaiJting a loan witb the Assigned Assets as collateral, and You agree that the transaction set forth 1n this Agreement is not a loan or other flDancing transaction. g, This Agreem.nt i. a valid ..Ie, min.fer and assignment 10 U, of the Assigned Ass.ts, h Your residence and I.g.l otIdre.. is as described in Paragraph II of this Agre.ment. During the last year". You bave lived at such addres.. i. NQ repTe$efitation or warranty of Yours in this Agre~ment or in any of the documents delivered In connecllon with tlds Agreement or in any agreement required by this Agreement, is inaccurate or contains any untrUe or mi~leadmg ."'temenl. j. The ,igning by You of thi. A!lJ'tCment Will not y,olate any other promise or agreernelll you bave made with anyone else, Yon understand lhal any and all restrictions on the assi&ll"bility of the Scheduled Payments were included in lhe Re!.... and/or Annuity at Your request, for Your benefit and not f(l'f the benefit of an)I other person. The!it restrictions, if any, were included by You as a precautionllI}' measure to make sure You w.,. 1l1l0wed flovorable tax treatment under the Internal Revenue Code. You und.mlUJd that by entering into this Agreement, you may b. giving up this favorable tax treatmenL You understand th.t .ny income earned by You on ony bve'Im..t or us< of the Purchase Price may be taXable to You. You may ba.e to pay more in taxes as. =nl!..r tbls Agreem..t. For Our bellefit ""d the benefil of Our assigns or 'Ul;cessors. You aKfee to W A[VE AND RELEASE all of Your rights in, to, 0' ullder, such r.",ictions 011 ...ignobility, if any. k. You have not before the date of this Agreement, ,old or assigned Your right to lb. Assigned Assets or llllY part of the Assiilled Asse.s, You do nol owe any money to YO\lr present or fonner spouse for support ma.intena.nce or similar obligatioDs, nor do Yon owe any money to any of Your children Dr gll3l'dians of Your children. The A..igned Assets lIl'O not subjecl to lUll' community property or similar rnarillll right' ofll/lY per""', In;tial:_\rVlf __ 3 @200S 321 H~lItJ"Sl:m Reteivahloes Limited Partnml.ll~ " i... .~ 1<, ') '):::, I I '):, r 1'.'. _,~) )! t. f'I I WU"" : n l.f!J .. ,~, c-' , '.J -_' ~ L Your right to the Assigned Asset, is not t1ffected by any mortgage. pledge, lie., charge, security interest. encumbrance, res:tri,tion or i1d.ver5e claim of any nature, You understand lhat any .iolalion of IUY of Your representations in this agreement will result in aa act or traud by You which could r..ult in You being held r.,ponslble for dam.~.. in ravor or Us, wit. mDney to b. paid by Y onto Us. m. You are DO. in violation of any obligations concerning cnild-care, alimony OT support. n. You now gi.e up forever all Yo", rights in any agreemenr th.! says that You cannot assign or sell Your rights in the Assiined Assets to Us. You have not requested and You do not eXpllCllO receive from Us, . Form 1099 Or any other documentation wWch could make the transactlon de.cribed by thi, Agreemenl t8l<llble to You in .ny way, You further W1dcrst.nd that We h.ve oot giveo to You any advice about any of Your taxes in this transaction_ You have relied on Your own profes6ional advisors conctrning taxes. o. A. of tho d.te of this Agreement, You are oflegal age in the srate noted.s Your address in SectIOn II of this Agreement, menmlly sane, .nd of a sOWld mind, You hive flever been convicted of a felony or any other crime involving dishonesty. p. You are VOl)' familiar wkh Your [manei.1 .tl'.irs and conditioll, With that full understanding, You certify th.t (t) on the date We pay You the Pll1'eh.... Price and You sell to Us the Assigned A"ets, the fair value of Your .ssets are and will be gre.ter than all of Your debts; (2) You pre.enlly intend to pay all of Your "reditors when such payments are due; and (3) You have not intentlonally hidden the fset from any creditor of Yours that You have enlered into this Agreemont and the other doouments referred to in this Agreement. q. You do not intend to file for hllllkruplcy aUll there are no lawsuits or other efforts by any of Your LTCditors (0 put You into bankruptcy '" to take the Assigned Asset., r, The purohase Price is not Your only or most important "ouree of income and You do not have any mental or phy.ical problems that would pr.vent You from having a paying job, s. You promi.. to us that no broker, linder, or other ptrson other than those persollS named 111 the broker statement signed by you in connection with this Agreement was involved in or important in arranging the purchase transaction in thi, Agreement. No other person has a ri~t to any fee, payment, conulli.sion, or other compensation because of this Agreement, t. You agree th.t We have not forced You to give to LJ. copies "r any coufidenl1al dooll\lletlts. You agree that W. told You that W. "uN needod to ... those documenlo which described the Anigned A,"ots '0 we c~uld buy from You the Assigned Assets, You agree that We do not intend to toll any o!her p.rty aboot what is included in those documents. You understand that if We do so, it wlll only be for the so). ?urpose of buying th" AssiJ!'led Assets, IOiti,IJ('11 '" 4 @200S321 HcndcJ,;,:tn Rccci"lIbl~s Umitcl.l Putnr:l~hifl I.I!./ i:: 1/ L 1) 'Jij I i I ') r II,~: JI:i \\'tNIWUKIH tgI 1.1 \J ~ .' '.1 -;:l 0:: U. You under.tand thar it usuaUy takes six to eight weeks to complete this process, but that it could take longer. You underslAlld Illat we have 10 obtain court awoval of this transfer. YOU UNDERSTAND THAT, DUE TO OCCASIONAL DELAYS, WE WILL ESCROW THE AMOUNT EQUAL TO THE NEXT TWO MONTHLY PAYMENTS DUE TO YOU FROM THE ANNIDTY COMPANY TO INSURE THAT WE RECEIVE ALL OF THE PAYMENTS THAT WE PURCHASE. YOU UNDERSTAND THAT WE MAY EITHER PAY OR ESCROW FUNDS TO SATISFY ANY ,JUDGMENTS, TAX LIENS OR CHILD SUPPORT AGAINST YOU OR THE ASSIGNED ASSETS AND DEDUCT THOSE AMOUNTS FROM THE PURCHASE PRICE, YOU UNDERSTAND THAT WE WILL DEDUcr FROM THE PURCHASE PRICE ANY AMOUNTS OF PAYMENTS RECEIVED BY YOU PRIOR TO FUNDING, IF SUCH AMOUNTS ARE NOT COVERED BY THE ESCROWED FUNDS. 4, You promise U. that lniti~: J,01t' a. You will not, and ",ill notaUow any other party (eKcept Us or Our ..signee, if applicable) to take funds away from lhe Assigned Assets. You will not do anythlng else to arreet lhe Assigned A..et!l. You will not say Yoo still own the Assigned Assets. You will I1Ol. do anything or allow anyone else to do anything that C<luld in any way interfere with or "'...en Our rights in the Assigned Ass.t!, b. You will not do an)'lhing that will, or could in the future, violate the Releast, or any of the agreemem. required to he eKoewed by this Agreement. You also agree to coop<i'a1e with Usia help Us to obtain aU of the rights that We are buying from Vou in thi:! Agreement and in the Rele..e, e. or au will give to Us at least thirty (30) days written notice of Your intention to move YOW' residence or change Your legal address from the address in Paragraph 11 of this Agreement. d, You will not make ouy change in Vour instruelio", to the Annuity Company regardmg payments to be made to You. -- 5 @2-00S 311 HendersDn. Re<<:ivllblm Limil.cd Pil.Mership ........ "'-",,,,.,,,,,, '.u.,"" e, You wadersrsl1d that the Annulty and the Release lnay say that YOu agree not to seli Your right. 10 the Assigned ASle.. f. You agree 10 conllnue to cooperate with Us, Thls include. Your obligation to immediat.ly deliver to U. any check<, funds or other form of PaYt1lent rec.j,ert .fter Ibe date afthis Agreement by You OI'l"'yone oth.rthan Us. If any Payment i. ever denied, delayed, or wilhhold from Us, .. detennined by Us in our reasonable discretion, diroctly or indirectly on account of any act or omisOlon by You or any person acling for Vou, then You .h.ll be in delllllll under !his Agreemont (and an Event of Default under ~8 shaH he deemed to have occun'ed). Immediately upon such default, and without any furlber nolice to You, You will pay to U. the following ommmls: (i) the ful~ dollar valoe of all remaining Assigned "...Is as they become due after the date oflhe default; All afthe remedies 'pocitied under tbis '''''lion sball he cumul.rive willi all of the remedies for default pursWlnt to i'i 6 , g, !f You le!lnl befure or .fulr the signilli of this Agreement of the thre'l Or 0<11181 beginning of any lawsuit or prn<eeding that has anything to do with Our rights under this AlU"emont Ot the Assigned Asset., Ulen Vou will immediately notify Ua oflhat and You will giqe Us copies ofaU notieos IU1d other writings relating to it promptly aller You re""ive them. h. [f You re<ei>e any notice relating to any supposedly unpaid claim affec1ing the Annuity or tile A"igned Assets or to any otMr olaim against the Annuity or the AISigned A.sets, then You will promptly notify L, .nd wili promptly give U. copies of all notiees and other writing. retOling 10 it received by You promplly after YOll receive lhorn, 5. RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION WITHIN TWENTY-ONE DAYS FROM THE DATE YOU RECEIVE PAYMENT FROM 321 HENDERSON. In order for the clIDCetlaliOJl to be effective, V ou Inu5I mail >I notice of canceUation by registered or certified U.S. mail. postmarked within '",enly-one (2 I) days ofreceipt of Ibe Purchase Price to Us, c/o Vice President of Operations at 2215.8, Suite 5, Renaissance Dri.., Las Vegas, NV 89119. Furthermore, in order fur Your notice. ofcaneeUatioD to be .!foeti", Yoar regi"ter.d or certified U.S. mail pilcl<age to "' must include. bonk or eenmed check for the full Pw'chase Plice that We paid You ""der Ihis Purchase Agreement. AllY i'ailure to comply wilh ,he abQvel'rocedure shali be a waiver of Your right to cancel this !r:lll.Iaetlon. 6. Iour F.rlherPron~ You agree that, from time to rime, ,tYour expo"", You will promptly S1gn lIIld give to Us any and all doeuments to belp U. r..Hze our rights and benefits under tit" Agroement. This promise illdudes signini. filing or allowing Us to file financing or continuation ~tate:men{s, or amendments or assignmentS of those documents. You penult Us or others a.cting for Us to !tign our nlUne and.'oi' YOll!' name and file without Your signature such financing statementsj if that is permitted in Your ,Ulle ofr.sid""ce. When You sign !hi, Al\1'eement, You wlll also sign and de]iverto Us it "Special Irrevocable Power of Attorney'l You must retain the l!iervices of an attorney anti deliver .an ol)inion or Your atwnt.ey aboul the sale of Assigned Assets to Us, in a tom acceptable to Us. 'olli.l -=> f1t fIIf 6 @2005321 Hel'ldt.tson R.r:ceiYllhlt:s Limited P!lI1lltDtllP 7. Coothmatkm of RIDresentaUOQs. Warranties and CO'Yenant!. All of Your representations, warranties and promises made in this Agreement will continue to be relied on by Us after 1I1il1 AllIeement is signed. 8, Event of Default. Your failure to comply with any term a(this Agreement o<Vour breach of any o(Your representation. in this Agreement will mean that You will ~ in default, We refer to thi, as an "Event of Default," If thcre is lID Event of Default. W. have the right ro .uo Vou in court to make You perfonn Your promi!le! or to get money fi'om You, Your failure (Q comply with all)' material terms of this Agreemem will be a default. In Paragraph 4 (c) You agree to give US at least thirty (30) days writt.n notice aft.r Your move to a n.w residence orchonge of Your legal addle.. ITom the address in Pal'agrapl111 ofthia Agreement, lfwe are purch",ing from You cel1ain lump .urn payments, We will contatt you all.fISt 3 months before the scheduled payment is due to determine if the address change We have effected with the annuil)' company is in place and to determine ifYow legal address has remained the II8me, JfWe eannol coDtact you b....ua. You bave chonged Your legal add..... or moved Your re.iden.e aad failed In noli/)' US, W. will ..n.ideroucb rail... to notify U. to be lin EVENT OF DEFAULT aod We will exerci$. all., 08r legal rights under this Agreenl.nt. OUll. RIGHT TO PROCEED AGAINST YOU UNDER THIS AGREEMENT SHALL BE SOLELY LIMITED TO WHEN YOU HAVE COMMITTED AN EVENT OF DEFAULT. WE SHALL NOT HAVE mE lUGHT TO SUE YOU IF OR BECAUSE THE ANNUITY COMPANY IS NOT ABLE TO MAKE PAYMENTS BECAUSE ITIS NOT FINANCIALLY ABLE TO 00 SO. 9. Controlline Law, This Agreement .han be governed, constllled and enfo",ed in accordance with the internal laws of the State of PenDrylvania without regard fur the conflicts of law rule. thereof or ebewhere, (For Court Orders Or NOlice Transfers obtained in the fi>llowinll jurisdictions: AK, AR, AZ, CA, CO. CT. DE, FL, GA, lA, !D, IL, IN, KS, KY, LA. MA, MD, ME, MI. MN. MO, MS, MI, ~~~~~OO~~n~~m~~~~~~~~cl~ jurisdiction. shall be applied in the event of. dispute rellardilli the transfer,) Your domicile i. the proper plate of venue to bring any action ari.ing OUI of a breach oflhi. Agreement. 11). R.esnon.ibility for thi. Agreement. Thi. Agreement wHl hold r.'1"'''''ih1e Your heirs, ~xec\ltors, SUCCeS$CTS and assigns and will benefit OW' representatives. suecesscrs1 beneficiaries: and penuitted ...igns, Nothing in this Agreement is intended to give .nyone other than Vou or Us Or each of Our successors or assiJ,ns any benefiu. I L Notices. All notice. ...d other eommunications under this Agreement will be in writing and will be mode by delivery by means by which the sender obtains a receipt of delivery from the canier (including without JimiWlon, certified mail rellln. reGelpt requested or overnight courier s..vices), address.d to the party to whom a request or demand is to be made, Such demand or notic. or requesl shall be deemed given on the dale which is one busjne.. day after the dale sent by overnigltt mail or three day. after the date sent by certified mail. The .ddr.....c. of the partie. are '" follows: Ifto You: Jeremy Ta.ker 32 7 Orange Street Shippensbur&, P A 17257 In''i~:i6L __ 7 @200~ 311 th:ndc,:!iol\ R~i.ablcs Ijmittld P2ttftetship il!.,":' I;' ;':1)1)0 I j iLl" }l,J. )1.1 Wtl'llt'!!UKIN 1m~III)ru,j~ Ifto Uo: 321 Henderson Recei,able. Limited Partnership 2215-8 Ren.i..ancc Dri,e Suite 5 Las Ve&"" NV 89119 Attention: Vice Pre~ident - Operations 12, P... Aelions. Anything either You or We did or said before this Agreement was signed will not affect Your or Our rlgh!s undenhis Agreement in any way, 13, E...n.... Except as otherwise affirmatively ,et forth in this Agreement. You and We agree that we will e!Jcn pay our res.pective costs a.nd expenses. in connection with the carrying om of this Agreement. 14. Hudi.... The section and .uh.oction headings contained in this Agreement are for reference purpo.es (mly""" will \Wt affect in any way the meaning or interpretation of this Aaroemem. 15, CounlerD.rts. One or mOrc originals of this Agreement may be signed wllh Your or Our signature. When pultogether !hey will make one eareement and the Agreemlltll will be considered signed by all partles that need 10 sign, A facsimile signature will be considered an original. 16. Alllenm.nl We and anYODe to whom We ..sign this Agreement may .S!ign Our right. title and Interest in and to thi" Agreement. the Annuity and the A5Signed Asset, wilhout Your approval. You and We agree that if !here is an assisnment by Us to someone else, We shall not be reSflOnsible to You, You mtlSllook only to the person or comp.ny Ih.t We ...ign this A&IOetDent to for my payment (for example, of the Purchase Price) and perfnrmanoe of !his Agreement, When asked by U. or any assignee, You will sign and deliver any such documents as We ma) require to perform this tr..m.sactjon. as assigncd_ IlIiti'I~\V11r _ 8 @lOOS 321 Htndtl'~ol'l Receivables 1,..imited 'Partflmhip 2/21/20JS "~ 12 F~X JG WErH'ill.jrnH [~: 11 /i):~:4 17, )'9ur SDOuO.. You and Your 'pou.. are fully aware of Your right, in the Assigned A.sets. You and Your opoust fully gi.. up tho.e rights, Yoa and Vour spou.e under.tand that 1>)' ..mng the Assigned A...ts 10 Us, Vouond Your .pouse.... not r""eivmg the some amount of money as You would if Vou wailed for all of the ",heduled Paym.nts of the Assigned Assets but, ralber, are r<<elving . discounted value in return for r<<eipt of the Purch...", Price immediately, You and Your .pou,e he" valid reoso,n. for selling the A..igned Assets. You and Vour spouse fully understand the term. of me Purchase Agreement .nd und""tand that Ibe sale of the Assigned Assets is floaL You olso understand that Your 'pouse give. up allY property nght he or ,he may ha..... in the Assigned Assets that 'lour spouse could claim becau.e of Your marrioge. 18. Entire Avreemeot. This Agreement and the bhibilS and other documents You signed makc up the entire undorstanding and agreement bet_en You and U. about this Agreement. This Agreement replaces all prior agreemena. whether written or oral, about this Agreement. This Agreement may not be ehanged ',nie.. in a writing signed by You and U, 19. Limitation of Li.biliIV of B.nt. You understanli that Our liability to You under this Agreement is strictly limited 10 the requirement to pay the Purch.se Price and under no clccurnstance, will We be re.ponsible for consequential damages, 20, Coun ApDfOva\' Vuu understand !hat court approval is required for thi.tr.n,fer You agree to cooperate with us to obtain such court appruval. 21. Exhibit>;, Attached to this Purchase Agreement are 1!Je following Exhibits: EKhibit "AU List of What Payment' We are BU)'lng. Intending to be legaUy boUlld, YOll and W. have S'llDed this Agreement.. of the date.t the top of the Iirst page ofth;, A_ment. 321 HENDERSON RECEN ABlES LIMITED PARTNERSHIP .-. . ~w' --"':: , " -;.." J <JI9NHERE J ..::::'- ":.': " '" -;- .~~', , --:-.... <. "., """"':"'./ '~. "~r' ..~..... . ~:-'" . ,"'~ ....... . -.~'\ ~.' ""'.~:~~~~'i~::;~,'" -~~---'-----~ Spouse ........ ~MMONWl!AI.TH O~ PENNSYLVANIA I _Seal -Sowon. ~Publlc ~Bolo, ~_ec..,1y MyO:mnllllan!!>qliM r.Ily 24. 2008 Yehlbw, ~lOil.\ ABiOQltiCln Of Natlr!elJ 9 @2005 121 Henderson Rtcdvablc:s Limiltd Pat'U1<:rsnlp ()2/2i/2Ij)Ei 17 12 FA:~ Ai WtNT,~ORTH ~ '~i '2/03,1 Exhibit .~ W. are hereby pur<:h8siog from You under the An1lllity: A) 120 Monthly payments ofS496.00 eatb. beginning on 8/15/2007 Iml.nding on 7115/2017 <JroNHEiEl STATE OF PC"~~,\ IV Ci r,} 0- COlNTY oFFro.Y\~"h o. tbi, \~ day of ~\,.I01Yk 200il.l hefore me, the above signed per~on.lI) appeared belore JIIe, penQ.ally known to m u b"_tht me 51Jbsrribed to the Witbin instrument and ackno~'led~cd to me th$:lt he executed it. ,,\.- -, . 'C '7 ~ -""_. L~:{~':"::':::;:}.~'"\ ....~:.r.": COAIMOMNI!:At TH OF ~SYlVANIA NoIami SeeI Jon'" ~ NoIotyPub/k; ~1\l6ao. FrankIo County Mt ~ El>p... ","y2.4, 200Il UlilfT1ber, POMlvtv.ni8 A.lSOCi8l.ion Of N:lill'ig~ ~', -, .,- ,:-..: ,~<~~(~!>' "._~.-......-.-'- EXHIBIT "C" '),~ (.t. I". L. I)')~ I I I,j j M 1. JU lTl:l'llTUf~ln ,~y '.-" ',".'" SCHEDULE 1 IUSCLOSURESTATEMENI PLEASE BE ADVISED THAT THE PROPOSED TRANSACTION IS A SALE, NOT A LOAN, AND THAT YOU WILL BE SELLING ALL RIGHTS AND TITLE TO THE ASSIGNED ASSETS ONCE THIS TRANSACTION IS CONSUMMATED. PLEASE BE ADVISED THAT YOU MAY BE SUB.JECT TO ADVERSE FEDERAL AND STATE INCOME TAX CONSEQUENCES AS A RESULT OF THE PROPOSED TRANSACTION. YOU SHOULD CONSULT YOUR OWN COUNSEL, ACCOUNTANT, OR FINANCIAL ADVISOR REGARDING ANY FEDERAL OR STATE INCOME TAX CONSEQUENCES ARISING FROM THE PROPOSED TRANSFER. YOUR PURCHASE PRICE WAS DERIVED ASSUMING A DISCOUNT RATE SIGNIFICANTLY HIGHER THAN THE PRIME INTEREST RATES CHARGED BY COMMERCIAL BANKS, THEREFORE, WE URGE YOU TO EXPLORE ALL FINANCIAL OPTIONS. WE WILL PURCHASE FROM YOU A) 120 Monthly payments of $496.00 each, beginning on 8/1512007 and ending on 7/15/2017 THE AGGREGATE AMOUNT OF THE PURCHASED PAYMENTS IS $59,520.00. THE DISCOUNTED PRESENT VALUE OF THE AGGREGATE PAYMENTS AT 5.40% IS $42,745.61. THE DISCOUNTED PRESENT VALUE IS THE CALCULATION OF THE CURRENT VALUE OF TH1o: TRANSFERRED STRUCTURED SETTLEMENT PAYMENTS UNDER FEDERAL STANDARDS FOR VALUING ANNUITIES. THE GROSS AMOUNT PAYABLE TO SELLER IS $30,000.00. THE FOLLOWING EXPENSES ARE INCURRED BY THE SELLER (YOU) AND WILL BE DEDUCTED FROM THE PURCHASE PRICE: COMPLIANCE AND ADMINISTRATIVE FEE: $500.00 FILING AND RELATED EXPENSES FEE: $0.00 THE NET AMOUNT PAYABLE TO THE SELLER(YOU) IS $29,500.00. NO OTHER EXPENSES ARE INCURRED BY YOU. '.' r..,' ,,- 'i .,- \.'.~ u 'I ,;, r,~ ", J~ 11 L:.11' R\..'I""I 'ltJ'-."" '......... . SCHEDULE 1, PAGE 2 THE DISC01JNTED PRESENT VALUE OF PAYMENTS SHALL BE CALCULATED AS FOLLOWS: TIlE APPLlCABI,E FEDERAL RATE USED IN CAI,CULA TING THE DISCOUNTED PRESENT VALUE IS 5.40%. THE EFFECTIVE ANNUAL DISCOUNT RATE }<'OR THIS TRA,NSACTION IS 12.34%. THE CASH PAYMENT YOU RECEIVE IN THIS TRANSACTION FROM US WAS DF.TERMINED BY APPLYING THE SPECIFIED EFFECTIVE ANNUAL DISCOUNT RATE, COMPOUNDED MONTBLY, TO THE TOTAL AMOUNT OF FUTURE PAYMENTS TO BE RECEIVED BY US, LESS THE TOTAL Al\fIOUNT OF COMMISSIONS, "'EES, COSTS, EXPENSES AND CIlARGES PAYABLE BY YOU. THE 'NET AMOUNT 'fIlAT YOU WILL RECEIVE FROM US IN EXCHANGE FOR YOUR FUTURE STRUCTURED SETTLEMENT PAYMENTS REPRESENTS 69.00% OF THE ESTIMATED CURRENT VALUE OF TIlE PAYMENTS BASED UPON THE DISCOUNTII.D VALUE USING THE APPLICABLE FEDERAL RA 'fE. THE QUOTIENT OBTAINED BY DIVIDING THE NET PAYMENT BY THE DlSCOUN'fED PRESENT VALUE IS 69.00%, BASED ON THE NET AMOUNT THAT YOU WILL RECEIVE FROM US AND THE AMOUNTS AND TIMING OF THE STRUCTURED- SET'IT.EMENT PAYMENTS THAT YOU ARE TURNING OVER TO US, YOU WILL, IN EFFECT, BE PAYING INTEREST TO US AT A RATE OF 12.34% PER U:J\R. THE J.'\o'ET AMOUNT PAlD TO YOU (THE PAYEE) BY US (fHE TRANSFEREE) REPRESENTS AN ESTIMATE OF THE FAIR MARKET VALUE OF THE FUTURE PERIODIC PAYMENTS TRANS}'ERRED UNm:R THE STRUCTURED SETI'LEMENT AGREEMENT. r)'<!'/'Ll/tl)r)b I { l~ ~,~,;l': Jl~ \\'tNINUr:IH lfI'JI'J(').j'l . SCHjQULE 1. PAGE 3 NOTICE OF CANCELLATION RIGHTS: YOU MAY CANCEL TIDS TRAi.~SACTION AT ANY TIME PRIOR TO 5:00 P.M. OF THE TWENTY.FlRST DAY FOLLOWING THE LATER OF THE EXECUTION OF THE PURCHASE AGREEMENT, OR THE DATE THE PAYEE BECOMES OBLIGATED UNDER THE PURCHASE AGREEMENT WITHOUT PENALTY OR FURTHER OBLIGATION. THIS CANCELLATION RIGHT CANNOT BE WAIVED IN ANY MANNER. TO CANCEL, YOU MUST PROVIDE WRITTEN NOTICE TO TIlE TRANSFEREE. WRITTEN NOTICE SHOULD BE MAILED OR DELIVERED TO THE ADDRESS BELOW BY 5:00 P.M. OF (THE TWENTY-FIRST DAY FOLLOWING THE TRANSACTION). IT IS BEST TO MAIL IT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND TO KEEP A PHOTOCOPY OF THE SIGNED FORM AND YOUR POST OFFICE RECEIPT. ADDRESS TO WIDCR CANCELLATION IS TO BE RETURNED: 321 HENDERSON RECEIVABLES LIMITED PARTNERSHIP 2215-B RENAISSANCE DRIVE SUITE 5 LAS VEGAS, NY 89119 ATTENTION: VICE PRESIDENT - OPERATIONS IMPORTANT NOTICE: YOU ARE STRONGLY URGED TO CONSULT WITH AN ATIORNEY WHO CAN ADVISE YOU OF THE POTENTIAL TAX CONSEQUENCES OF THIS TRANSACTION. 02/21'20)8 17 1~ FAX JG WENTIYORTH 14] U 1 i)/ IJ:::C; . SCHEDUL~l. PAGE 4 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. THERE ARE NO BROKERS COMMISSIONS, SERVICE CHARGES, APPLICATION FEES, PROCESSING FEES, CLOSING COSTS, FILING FEES, ADMINISTRATIVE FEES, LEGAL FEES, NOTARY FEES AND OTHER COMMISSIONS, FEES, COSTS, EXPENSES AND CHARGES PAYABLE BY YOU OR DEDUCTED FROM GROSS AMOUNT OTHERWISE PAYABLE TO YOU OTHER THAN THE COMPLIANCE AND ADMINISTRATIVE FEE AND THE FILING AND RELATED EXPENSES FEE. IF YOU BELIEVE YOU WERE TREATED UNI<'AIRL Y OR WERE MISLED AS TO THE NATURE OF THE OBLIGATIONS YOU ASSUMED UPON ENTERING INTO THIS AGREEMENT, YOU SHOULD REPORT THOSE CIRCUMSTANCES TO YOUR LOCAL DISTRICT ATTORNEY OR TIlE OFFICE OF THE ATTORNEY GENERAL. THE EF'F,ECTIVE DATE OF THE TRANSFER AGREEMENT SHALL BE DEEMED TO BE THE DATE THAT THE AGREEMENT WAS SIGNED BY THE YOU (pAYEE). PLEASE BE ADVISED TllA T PAYMENT TO YOU PURSUANT TO THE TRANSFER AGREEMENT IS CONTINGENT UPON COURT APPROVAL OF TIlE 'IRANSFER AGREEMENT. PLEASE BE ADVISED THAT PAYMENT TO YOU WILL BE DELAYED UP TO 30 DAYS OR MORE IN ORDER FOR THE COURT TO REVIEW AND APPROVE THE TRANSFER AGREEMENT. BY SIGNING BELOW YOU ARE CONFIR.\1.ING RECEIPT OF THIS DISCLOSURE AT LEAST 10 DAYS PRIOR TO RECEIPT OF THIS CON ~IGN HERE I . EXHIBIT "D" 02/21/2008 17 22 FAX J8 WEIJTNORTH , . 321 HENDERSON RECEIVABLES LIMITED Pil.RTNERSHIP February 21 , 2006 Allslale Life Insurance Company 544 Lakeview Parkway, L3F Vemon Hills, IL 60061 Altn: Leg.ll)epartmentJStructured Settlements Allstate Settlement Corporation 544 Lakcview Parkway, L3F Vernon Hills, IL 6006] A!tn: Legal Dep.rtmentJStruetured Settlements RE: Notice of Sale/Assignment of Payment Rights Your Contract #; 90702370 Payee: Jeremy Tasker SS #: 199-68.4771 [)ear In,urer: Plea><> be advised that 321 Henderson Receivables Lhnited Partnership and/or its successors and a"signs, have entered into a transaction with the .bove.referenced annuitant who is ,eekins to transfer certain of his/her rights to the plIyIllerlts scheduled to be received under the above- referenced annuity pOlicy. We are currently seeking court approval pursuant to the applicable structured settlement transfer stal\lte. Pursuant to the ,ta!ute, please note the foUowing information about the Purchaser: 321 Henderson Receivables Limited Partnership 40 Morri, Avo Bryn M&wr PA ]9010 Tax ID #88.0513164 PLEASE NOTE, No payments under this annuity should be held until the COUli, have entered a final order and we have forwarded this order to you. Very truly yours, ::'H'":~~5~dershiP VI . eape, emo resi ent 2215.B RENAISSANCE DRIVE. onile 5. LAS VEGAS, NY 89lJ9 PHONE: 800.4-54.9368. FAX: (215) 567-7525. E-MAIL: IGW@JGWFlJNDlNG.CQM WEB SITE: WWW.jGWFVNDING.COM III (l :_~ 4;' f):3 4 ~ . IN RE: JEREMY TASKER :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO: VERIFICATION I, LAWRENCE J. ROSEN, ESQUIRE on behalf of JEREMY TASKER, hereby verifY that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. DATE: 1f.~/2dOt' to . IN RE: JEREMY TASKER :IN THE COURT OF COMMON PLEAS :CUMBERLAND, COUNTY, PENNSYLVANIA :NO: CERTIFICATE OF SERVICE .. AND NOW, this ~ day of March, 2006, I, Lawrence 1. Rosen, Esquire on behalf of Krevsky & Rosen, P.C. for Petitioner, Jeremy Tasker, hereby certifY that I have this day served a copy of this Petition in the above-captioned matter, by First Class U.S. Mail, on the following: Allstate Life Insurance Company 544 Lakeview Parkway, L3F Vernon Hills, IL 60061 Attention: Lisa Sterner Allstate Settlement Company 544 Lakeview Parkway, L3F Vernon Hills, IL 60061 321 Henderson Receivables 40 Morris A venue Bryn Mawr, PA 19010 ~~ a ence J. Rosen ------- 110 North Front Street Harrisburg,PA ]7102 (717) 234-4583 T) P ('t- 7i -- ~ 4 l\' Vi, VI ~ tn, ~ ~ -4 Lrt U'\ lf1 \) -U ?- t ~J:-- .... -: rc~ " - . 7 . R:::CcIVED MAR 10 L3 'I IN RE: JEREMY TASKER :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO: 0(., - IJ,}J Clu~LT&2-~ AND NOW, this nth dayof RULE t\1l."c.~ , 2006, upon consideration of the within Petition for Partial Transfer of Structured Settlement Pursuant to Structured Settlement Protection Act, 40 P.S. 4000, Et. Sec., a Rule is hereby issued upon Allstate Life Insurance Company, Allstate Settlement Corporation and 321 Henderson Receivables, L.P. to show cause why said Petition should not be granted. RULE RETURNABLE FOR HEARING the eX {p 'fL.aay of ~L 2006 at ,;J:[O f' M. in Courtroom No. -5 in the Cumberland County Court House, Carlisle, Pennsylvania. BY THE COURT: ~ 't ~~ I Distribution: Awrence J. Rosen, Esquire, 1101 North Front Street, Hbg, P A ] 71 02 ;:.,.reremy Tasker, 327 Orange St., Shippensburg, P A 17257 JJfstate Life Insnrance Company, 544 Lakeview Parkway, L3F, Vernon Hills,]L 60061; Attention: Lisa Sterner ~tate Settlement Corporation, 544 Lakeview Parkway, L3F, Vernon Hills, IL 60061 V011 Henderson Receivables, 40 Morris Avenue, Bryn Mawr, PA 190] 0 \1'; ...;') /,~1 }:::"::i.j: {~:1J Alr~f~(.~".",-" '_~;::~I\JnJ S I : I ~~d L I ~VlI9DDl iltJVJC!'iC>LC,id 3i-ll dO :J8:J:!O-03ll::! IN RE: JEREMY TASKER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06 - 1321 PRAECIPE TO SETTLE AND DISCONTINUE TO: CURTIS B. LONG, PROTHONOTARY Please mark this docket settled and discontinue the above-captioned matter. Respectfully submitted, KREVSKY & ROSEN, PC Date: y;j :J~' f a ence J. Rosen, Esquire Atto ney for Plaintiff 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 Atty. No. 10625