SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN

Transcription

1 4 6 LAW OFFIcEs OF JOHN Z. SHAFAI John Z. Shafai [State Bar No South Beverly Drive, Suite 305 Beverly hills. California Telephone: (310) Facsimile: (310) Attorneys for Petitioner, STONE STREET CAPITAL. LLC lled :OUHTMETPL\T ZO1L B McNMLV, ULt In Re: 12 JOSE GARCIA, JR. 1 - I SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN CASE NO. S-i 500-C V-264-NFT NOTICE OF ENTRY OF ORDER FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS PLEASE TAKE NOTICE that on June , the Order for Approval of Transfer of Structured Settlement Payment Rights (the"order") was entered in the above-entitled action. A true and correct copy of the Order is attached hereto as ExhihirT' n DATED: July 3, 2012 Respectfully noticed, HAA OFFICES OF JOHN Z. SHAFAI ma q-n ZSHAFAI, Atrneys for Petitioner. STONE STREET CAPITAL, LLC NOTICE OF ENTRY OF ORDER

2 V IIT %111J)11 EXHIBIT 441"

3 I LAW OFFICES OF JOHN Z. SHAFAT John Z. Shafai [State Bar No South Beverly Drive, Suite 305 Beverly Hills, California Telephone: (310) Facsimile: (310) Attorneys for Petitioner, STONE STREET CAPITAL, LLC $UPIOR C FILED OUR MAOP0L!1AN DiV(sN COUNTY OF KERN JUN 25 2G; IRRY MCNALLY CLERK DEP SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN ii 11 In Re: CASE NO. S-I 500-CV-264-NFT 12 JOSE GARCIA, JR. ORDER FOR APPROVAL OF TRANSFER 13 OF STRUCTURED SETTLEMENT 14 PAYMENT RIGHTS 15 Date: June 2l, Time: 8:30a.m. Place: Department : Pursuant to Insurance Code, section 10134, et seq., the Petition of Petitioner Stone Street Capital. TIC ("Petitioner") for Approval of Transfer of Structured Settlement Payment Rights by Jose Garcia, Jr. alkla Jose M. Garcia, Jr. alkla Jose Manuel Garcia, Jr. alkla Manuel Garcia, Jr. (the "Payee") having come on regularly for hearing, and the court having reviewed the moving papers, and no objection having been made or received, IT IS HEREBY ORDERED THAT: 1. Pursuant to Insurance Code, section , the Petition to transfer, from the Payee to Petitioner, one lump sum payment of $62, due and payable on April 13, 2013 (the "Assigned Payment"), made under a structured settlement agreement under which G.E. Capital Assignment Corp. (the "Payment Obligor") is the obligor and pursuant to which the Payment Obligor purchased an annuity contract from Genworth Life Insurance Company f/kla G.E. Capital Assurance Company (the "Payment Issuer") to fund its obligation, is granted. 2. The Payment Issuer shall remit and make payable the Assigned Payment to Petitioner, its successors and/or assigns, at the following address or such further address as ORDER FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RLft LJ ) P (

4 Petitioner, or its assignee, may designate in writing in the future: WMS Chestnut Fund, LLC 2 P.O. Box 5519, Towson, MD (the "Designated Address"), Tax ID No The death of the Payee prior to the due date of the Assigned Payment shall not affect the 4 obligation of the Payments Obligor and/or Payment Issuer to WMS Chestnut Fund, LLC to make -S the Assigned Payment as set forth in this Order The transfer encompassed by this Order complies with the statutory requirements set forth in Insurance Codes, section 1013 and (a), and is based upon the following 8 findings: 9 (I) The transfer is fair and reasonable and is in the best interest of the Payee, taking 10 into account the welfare and support of the Payee's dependents, if any. Il (2) The Payee has been advised in writing by Petitioner to seek independent 12 professional advice regarding the transfer and has either received that advice or knowingly 13 waived, in writing, the opportunity to receive the advice. 14 (3) The Petitioner has complied with the notification requirements pursuant to 15 Insurance Code, section (f)(2), has provided the Payee with a disclosure form that 16 complies with Insurance Code, section 10136, and the transfer agreement complies with 1 Insurance Code, sections and (4) The transfer does not contravene any applicable law, any applicable statute or the 19 order of any court or other governmental authority. 20 (5) The Payee understands the terms of the Transfer Agreement, including the terms 21 set forth in the Disclosure Statement required by Insurance Code, section (6) The Payee understands and does not wish to exercise the Payee's right to cancel 23 the Transfer Agreement Pursuant to Insurance Code, section (i), the Court retains continuing 25 jurisdiction to interpret and monitor the implementation of the Transfer Agreement, as justice 26 requires, including the payment of $51,042.00, by the Petitioner to the Payee. 2 DATED: June CD- -j-. 30 Judge of the Kern County Superior Court ORDER FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS

5 PROOF OF SERVICE BY MAIL n STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California, I am over the age of 18 years, and not a party to the within action: my business address is 10 South Beverly Drive, Suite 305. Beverly Hills, California 90212, which is located in the county where the mailing described below took place. On July 3, 2012, a true and correct copy of the within document(s) more fully described as NOTICE OF ENTRY OF ORDER FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully prepaid, on the party(ies) named below, and that envelope was placed for collection and mailing on that date following ordinary business practices addressed as follows: PLEASE SEEA TTACHED SERVICE LIST Y MAIL: I am readily familiar with the firm's practice for collection and processing of correspondence for mailing. Under that practice, it is deposited with the United States Postal Service that same day in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the foregoing Proof of Service is true and correct and that this declaration was executed on July 3, 2012, at Beverly Hills, California. tvv Arian'a3 Blumen1d-James PROOF OF SERVICE

6 PROOF OF SERVICE BY MAIL SERVICE LIST: Margaret Reiter Supervising Deputy Attorney General Office of the Attorney General 455 Golden Gate Avenue, Suite San Francisco, California Jose Garcia, Jr h Street California City, California GE Capital Assignment Corporation Attention: Agent for Service of Process 3100 Albert Lankford Drive Lynchburg, Virginia (;enorth Life Insurance Company Attention: Agent for Service of Process 3100 Albert Lankford Drive Lynchburg, Virginia () n PROOF OF SERVICE

7 w PROOF OF SERVICE ) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California, I am over the age of 18 years, and not a party to the within action; my business address is 10 South Beverly Drive, Suite 305. Beverly Hills, California 90212, which is located in the county where the mailing described below took place. On May 31, 2012, a true and correct copy of the within document(s) more fully described as DECLARATION OF JOSE GARCIA, JR., IN SUPPORT OF PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully prepaid, on the party(ies) named below, and that envelope was placed for collection and mailing on that date following ordinary business practices addressed as follows: BY MAIL: PLEASE SEE A TTA CHED SERVICE LIST I am readily familiar with the firm's practice for collection and processing of correspondence for mailing. Under that practice, it is deposited with the United States Postal Service that same day in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the foregoing Proof of Service is true and correct and that this declaration was executed on May 31, 2012, at Beverly Hills, California. Ariana Bumenfeld-JSmes PROOF OF SERVICE

8 It PROOF OF SERVICE SERVICE LIST: , I _) Margaret Reiter Supervising Deputy Attorney General Office of the Attorney General 455 Golden Gate Avenue, Suite San Francisco, California Jose Garcia, Jr h Street California City, California GE Capital Assignment Corporation Attention: Agent for Service of Process 3100 Albert Lankford Drive Lynchburg, Virginia Genworth Life Insurance Company Attention: Agent for Service of Process 3100 Albert Lankford Drive Lynchburg, Virginia PROOI OF SIRVIFF

9 Structured Settlement Annuity Contract 'i/i U,cai 59e0 5),te 5500 P5 Ocx 490 /pxt0e WA 911) L)0/'55 /030 General Electric Capital Assurance Company ("GE Capital Assurance Lompany"), a stock life insurance company, provides this Annuity to the Owner. This Annuity is issued in considersioti of the application and payment of the Premium. This Annuity does riot provide any cash surrender benefit or any death benefit. In addition, there is no assurance that the Owner will recover his or her Premium. Right to Examine Within 20 days after this Annuity is first received, it may be cancelled by delivering or mailing it to the agent through whom it was purchased or to the GE Capital Assurance Company Home Office. Upon cancellation, the Premium will be refunded from the Home Office and the Annuity will be void from the beginning. This Annuity is a legal contract between the Owner and GE Capital Assurance Company. After the 20-day Right to Examine, the terms of this Aiiiiiiity (e.g. Annuitant, payment schedule, amount), may not be revoked or changed. The Owner should retain the original of this Annuity. READ THIS ANNUITY CAREFULLY. Signed at the Home Office on the Effective Date: 2'j~ _ 'S_-. Nv~ Pri Secretary Individual Single Premium Structured Settlement Annuity Contract Annuity Payments Specified in Schedule Non-Participating CE 0O WA CC01099 ()Y)

10 S SCHEDULE Owner: GE Capital Assignmeni Corporation Owner Address: 601 Union Street, Suite 5600 Seattle, WA Date Premium Received: January 3, 199 Single Premium: Valuable Consideration Issue Date: May 30, 199 Payee(s): Manuel Garcia, Jr. Contract #: K Contingent Owner: N/A Beneficiary: The Estate of Manuel Garcia, Jr. The Owner, any Contingent Owner, and the initial Payee(s) and any Beneficiary(s) designated in the Schedule are subject to change as provided in this Contract. Age and Sex of Annuitant(s): Manuel Garcia, Jr. Annuitant(s): 13 Male The.Annuity payments to be made under this Contract and their respective payment dates are as follows: To the Payee(s), $ 20, annually from April 13, 2001 until April 13, 2004, inclusive. To the Payee(s), $ 40, on April 13, 2008 $ 102,103,04 on April 13, 2013 This Contract will terminate on the date of the last payment set forth above. GE

11 S. Application for Structured Annuity GE Capital Agsura,,ce Campany Two Union Square Suite 5600 PD. Box 4913 Seattle. Washington owner GE C tal Assignment Corporation Phone: ( )_ Adoress: To Union Square, Suite 5600 Seartie WA 98LOt Social Secur/ax ID No.: Contingent Owner may be designated in Special Requests Section. Annuilant:_Januel Garcia, Jr. Address 14 Blackwood, LaPuente, CA 9146 Phone: (_ Social Security No.: Date of Birth: 4/13/03 Sex: M Joint Annuitant (if applicable): Phone: Address: Social Security Na.: Date of Birth:_. Sex: Payee (will be Annuitant if left blankl_ Social Security No.:,. Phone: Relationship to Annuitant: Send Payments To: (check one) ['1 A. Direct Deposit Bank Name: - ABA Routing/Jiansit # B. Annuitant's Address Bank Address_.. - City' State: Zip: Bank Phone # Cortact Person: Account #: E C. Payee Address (if other than Annuitairt). City:- State: Zip:_ I Beneficiary (will be Annuitants Estate if left blank): Phone: -- Social Security No.: Relationship to Annuitant:. This is the Pimar Beneficiary. A Secondary Beneficiary may he designated in the Special Requests Section ffa Payment Information (Submit proof of age for life or Joint life payments.) Attach additional pages if necessary Type (e g.. cert2in, Start Date life, lump sum, joint) Amount Frequency Of Payments See attached adcenc1um to application

12 NOW DENOIJM TO PP1JCATT(IN 1age 1 Summary of Payments for 01GARCIA, LAUUEL JR Sex: Male DOE: 04/13/1983 Age: 13 State : WA Rate Commitment Fee: No Payment Type Duration Payment Frequency (Annuity) Period Certain 04/13/ /13/2004 $20, Annual 4 yr(s) Certain. LUMP SUM PAYMENTS Lump Sums Payment Date Age Payment (Annuity) Lump Sum 04/13/ $40, (Annuity) Lump Sum 04/13/ $102,103.04