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Filing # 127018261 E-Filed 05/18/2021 12:02:16 PM
IN THE CIRCUIT COURT OF THE 17"!
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE 20-016587
SUTTONPARK CAPITAL, LLC, a
Delaware limited liability company,
Plaintiff,
vs.
UNITED STATES LIFE INSURANCE
COMPANY IN THE CITY OF NEW YORK,
a New York corporation, AMERICAN HOME
ASSURANCE COMPANY, a New York
Corporation, and RYMELL LYNN,
Defendants.
/
PLAINTIFF, SUTTO RK CAPITAL LLC’S, REQUEST FOR JUDICIAL NOTICE
COMES NOW, Plaintiff, SUTTONPARK CAPITAL LLC (“Plaintiff’ or “SuttonPark”),
by and through its undersigned counsel and pursuant to Florida Statutes Sec. 90.202, and
respectfully requests that this Court take judicial notice of the following attached documents:
1. The docket in Jn Re: Approval Of Transfer Of Structured Settlement Payment
Rights Between Advance Funding LLC, A Foreign Limited Liability Company, Petitioner, And
Rymell Lynn, Respondent, Case No. 14-008960-CACE-09, Circuit Court, Broward County,
Florida (the “Transfer Proceeding”), Exhibit C to the Complaint in this matter.
2. Petition for Court Approval of Transfer of Structured Settlement Payment Rights
and (the “Petition”) Notice of Filing Petition for Approval of Transfer of Payment Rights and
Notice of Hearing in the Transfer Proceeding, Composite Exhibit A to the Complaint in this
matter.
58615/0006-40695 1071
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/18/2021 12:02:15 PM.****3. Agreed Final Order granting the Petition (the “Prior Order”) in the Transfer
Proceeding, Exhibit B to the Complaint in this matter.!
4. Stone Street Capital, LLC’s Motion to Intervene and Vacate and/or Set Aside
Prior Order (the “Motion to Intervene”) in the Transfer Proceeding, Exhibit D to the Complaint
in this matter.
5. Stone Street Capital, LLC’s Notice of Withdrawal (the “Stone Street Notice”) of
the Motion to Intervene in the Transfer Proceeding, Exhibit E to the Complaint in this matter.
6. Advance Funding LLC’s Unopposed Motion for An Amended Final Order (the
“Motion to Amend”) in the Transfer Proceeding, Exhibit F to the Complaint in this matter
7. Rymell Lynn’s Motion to Vacate Order with an attached Declaration of Lynn and
Notice (the “Initial Lynn Motion”) and second Motion to Vacate along with Declaration of Lynn
(the “Second Lynn Motion”) in the Transfer Proceeding, portions of which were Composite
Exhibit G to the Complaint in this matter.”
8. Rymell Lynn’s Notice of Withdrawal of Motion to Vacate in the Transfer
Proceeding, Exhibit H to the Complaint in this matter.
9. Advance Funding LLC’s Motion for Clarification of the Court’s Amended Order
(the “Motion for Clarification”) in the Transfer Proceeding, Exhibit I to the Complaint in this
matter.
10. | Rymell Lynn’s Affidavit in support of the Notice of Withdrawal of Motion to
Vacate in the Transfer Proceeding, Exhibit J to the Complaint in this matter.
1 The Prior Order is on a list of Orders! that the judge assigned to this matter has averted that he did not
sign. See Affidavit of the Honorable John T. Luzzo, which is being attached to this Notice.
2 Composite Exhibit G to the Complaint consisted of the Notice with respect to the Initial Lynn Motion, the
Second Lynn Motion and the Declaration of Lynn accompanying the Second Lynn Motion. It appears that the
Declaration with respect to the Initial Lynn Motion is the same as the Declaration for the Second Lynn Motion
58615/0006-40695 107111. Amended Final Order entered on February 5, 2015 in the Transfer Proceeding,
Exhibit K to the Complaint in this matter.
12. Notice of Appearance and a Notice of Hearing on the Petition in the Transfer
Proceeding filed by the Tables Law Group, P.A., Composite Exhibit M to the Complaint in this
matter.
13. Affidavit of the Honorable John T. Luzzo, referenced as Exhibit N to the
Complaint in this matter.*
COLE SCHOTZ P.C.
Attorneys for Plaintiff, SuttonPark Capital
LLC
By: ___/s/ Scott J. Topolski
Scott J. Topolski
Florida Bar No. 0006394
2255 Glades Road, Suite 142W
Boca Raton, Florida 33431
Telephone: 561 609-3856
Facsimile: 561 423-0392
stopolski@coleschotz.com
vberdan-bono@coleschotz.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by email by uploading same to the Florida e-filing portal to: Lelia M. M. Schleier,
McDowell Hetherington LLP, 2385 N.W. Executive Center Drive, Suite 400, Boca Raton,
FL 33331, Lia. Schleier@mhllp.com, Lisa.Nurse@mhllp.com and FLFiling@mhllp.com;
and via Regular U.S. Mail and email on Rymell Lynn, 468 Beach 45" Street, Far
Rockaway, NY 11691, kareemj069@gmail.com, this 18'" day of May, 2021.
3 It appears this Exhibit was inadvertently not attached to the Complaint in this matter, but, as with all other
Exhibits described in this Notice is being attached hereto.
58615/0006-40695 1071/s/ Scott J. Topolski
Attomey
58615/0006-40695 10718/25/2020
COMPREHENSIVE CASE INFORMATION SYSTEM *
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Filing # 13438905 Electronically Filed 05/08/2014 02:21:59 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. .
IN RE:
APPROVAL OF TRANSFER OF
STRUCTURED SETTLEMENT PAYMENT
RIGHTS BETWEEN ADVANCE FUNDING LLC,
a foreign limited liability company,
Petitioner,
And
RYMELL LYNN,
Respondent.
/
PETITION FOR COURT APPROVAL OF A TRANSFER
OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
COMES NOW Petitioner, Advance Funding LLC, a foreign limited liability company
(hereinafter “Transferee’”’), by counsel, and with the approval of Respondent, Rymell Lynn
(hereinafter “Payee”), and petitions this Court for approval of a transfer of structured settlement
payment rights pursuant to Florida Statute Chapter 626, and states as follows.
1, This is a Petition for the approval of the transfer of payment rights under a
structured settlement, as required by Florida Stat. §626.99296,
2. By the terms of a settlement agreement, resulting from a personal injury claim,
Payee became entitled to receive certain periodic payments (hereinafter “Periodic Payments”),
thereby creating a structured settlement agrecment (hercinafter “Settlement Agreement”).
3, Pursuant to the Settlement Agreement and/or qualified assignment executed in
connection with the Settlement Agreement, American Home Assurance Company, the Structured
CAMACHQ LAW GROUP, P.A.
1000 Brickell Avenue, Suite 920, Miami, F1, 33131 “Telephone (305) 479-2616 Facsimile (305) 397-1196
om Dacre
Composite Exhibit "A" to the ComplaintUn Re: Approval of a ‘Transfer of Structured Settlement Payment Rights Between
Advane Vunding LLG, and Lynn, Case Noe
Settlement Obligor/Annuity Owner (hereinafter “Obligor”), became obligated to make the
Periodic Payments to Payee.
4. In order to fulfill its obligation under the Settlement Agreement and/or qualified
assignment, Obligor purchased an annuity from United States Life Insurance Company in the
City of New York f/k/a American International Life Assurance Company of New York
(hereinafter “Annuity Issuer”), naming Payee as annuitant.
5 Payee, desiring to receive a lump sum in lieu of a portion of Periodic Payments
Payee would otherwise receive pursuant to the settlement agreement, has agreed to transfer to
Transferee the following lump sum payments: one (1) lump sum payment of $175,000.00 due on
or about December 6, 2014; one (1) lump sum payment of $250,000.00 due on or about
December 6, 2019; and one (1) lump sum payment of $410,325.00 due on or about December 6,
2024 (hereinafter “Assigned Payments”).
6. Payee has executed a Purchase Agreement (hereinafter “Transfer Agreement"),
which becomes final as of the date this Court approves this Petition. A true and correct copy of
the Transfer Agreement, along with all of its attachments, is attached hereto as Exhibit “A” and
incorporated herein,
7 The name, address, and taxpayer identification number of Transferee is:
ADVANCE FUNDING LLC
48 Wall Street, | 1th Floor
New York, NY 10005
Taxpayer ID; 27-4865022
8. Transferee provided to Payee a Disclosure Statement, the form and content of
which complies with Florida Statute §626.99296(3)(a)(2), more than ten (10) days prior to the
date on which Payee was first to incur any obligation with respect to the transfer. Additionally,
Transferee has also provided a Disclosure Statement which complies with the New York transfer
2
CAMACHO LAW GROUP, P.A.
1000 Brickell Avenue, Suite 920, Miami, FI. 33131 “Telephone (305) 479-2616 - Facsimile (305) 397-1196Ln Re: Approval of a Transfer of Structured Settlement Payment Rights Betueen
Advance Funding, VC, and Lynn, Cae Nos
act. True and correct copies of the Disclosure Statements are attached hereto as Composite
Exhibit “B” and incorporated herein.
9 The transfer contemplated under the Transfer Agreement complies with the
requirements of Title 37 Chapter 626 of the Florida Statutes and 26 U.S.C §5891 e/ seg, and
does not contravene any applicable federal or state statute or order of any court or any
responsible governmental or administrative authority.
10. ‘The best interests of Payee, taking into account the welfare and support of any
dependents (three dependents: Syma | ggg. DOB: P2008; Tt | pee, DOB: HEF2012;
and RI Lg
the Payee to pay off high interest debt and purchase a home in Hialeah, FL. Payee has provided
, DOB 2014), renders the transfer appropriate because it will enable
an Affidavit in support of this Petition outlining the reasons for pursuing this transfer. ‘The
Affidavit provides additional detail and justification related to why this transfer is in Payee's best
interest. A true and correct copy of Payee's Affidavit in support of the transfer is attached hereto
as Exhibit "C" and incorporated herein.
11 The net amount payable to Payee is fair, just and reasonable under the existing
circumstances,
12 Payee has considered its current financial situation carefully before executing the
Transfer Agreement. Moreover, Payee was advised in writing by Transferee to seek independent
professional advice regarding the legal, tax and financial implications of this transfer, and has
knowingly and voluntarily waived the right to receive such advice, A true and correct copy of
Payee's Waiver of Independent Professional Advice is attached hereto as Exhibit "D" and
incorporated herein.
3
CAMACHO LAW GROUP, P.A
1000 Brickell Avenue, Suite 920, Miami, FI, 33131 “Telephone (305) 479-2616 «Facsimile (305) 397-1196In Res Approval of a Transfer of Structured Settlement Payment Rights Between
Advance Funding, CLC, and | yn, Case No. FREE
13 Transferee has provided written notice of the transfer (hereinafter “Notice”) to all
interested parties, including Payee, Annuity Issuer and Obligor, which Notice includes
Transferee’s name, address and taxpayer identification number.
14. Pursuant to the terms of the Transfer Agreement, any disputes between the parties
will be governed in accordance with the laws of the state of Florida, and Florida is the proper
venue to bring any cause of action arising out of the breach of the Transfer Agreement.
WHEREFORE, Petitioner Advance Funding, LLC by counsel, hereby petitions this
Court, upon the disclosure and notice required under the applicable Florida Statute, to make
findings required under the Florida Statute and approve the transfer of structured settlement
payment rights as described in this Petition and the Transfer Agreement.
Respectfully submitted,
CAMACHO LAW GROUP, P.A.
Counsel for Petitioner
1000 Brickell Avenue, Suite 920
Miami, FL 33131
Tel: 305-479-2616
Fax: 305-397-1196
Jose M. Camacho, Jr., Esq
Fla. Bar No: 0192619
Primary: — Jcamacho@camacholawgroup.com
Secondary: Muonzalez HaAchohwyroup, com
DATED: May 8, 2014
4
CAMACHO LAW GROUP, B.A
1000 Brickell Avenue, Suite 920, Miami, FI. 33131 “Telephone (305) 479-2616 -Facsiinile (305) 397-1196Purchase Agreement
This is an Agreement between Rymell Lynn (referred to as “you” in this Agreement) and
Advance Funding LLC ("AF"). This Agreement sets forth the terms of a legally binding
contract in which you agree to sell structured settlement payments to AF. This Agreement
and ail its terms are subject to the approval of a court, which, by law, must approve the
Agreement before it is carried oul.
Background
Some time ago, you (or someone acting for you) entered into a Settlement
Agreement, You have told AF that you have the right to receive certain
payments due under that Settlement Agreement
In connection with that Settlement Agreement, an insurance company agreed
to make the settlement payments now due to you, In tum, that insurance
company arranged for the purchase of an Annuity Policy so that those
setilement payments would be made on an agreed schedule.
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 meel
your needs,
Accordingly, and after considering other ways of raising 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 fo receive certain future settlement
payments in a trade for a lump-sum cash payment from AF.
THEREFORE;
1.
The Sale: You agree to sell and AF agrees to buy the settlement payments
identified as the "Assigned Payments" at the very end of this Agreement, In
exchange, AF agrees to pay you (and you agree to accept) cash in the amount
of the Purchase Price stated ai the very end of this Agreement
Payment to You: You can choose fo 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.
EXHIBIT
\ —A :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 AF 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
make the Assigned Payments to AF (or to an entity named by AF]; and (c) makes
all findings required by applicable state and federal law.
Best Efforts and Working Together: AF agrees to use its best efforts to obtain the
required court approval in an uncontested court proceeding. You agree to
cooperate with AF in that effort and to do all things reasonably necessary to
cooperate with AF in its effort to complete this transaction. Among other things,
you agree to promptly provide AF 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 oblain court approval of
your sale to AF.
We Rely Upon What You Tell Us: Ali 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 AF, In entering into
this Agreement, AF is relying upon the truth of the statements you have made.
and the documents you have provided.
Your Money, Your Decislon: 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 to 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.
Facts About Your Payments: AF must defermine whether anyone other than you
is claiming an interest in the structured settlement payments you are selling us,
Unless you fell us in writing otherwise. we will assume:
(a) You alone have the tight 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 AF in writing. In all events, you authorize AF to
conduct credit checks and judgment and lien searches to confirm that there are
no claims against the Assigned Payments.
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
of your structured settlement payments, Your name, date of birth, marital status,
current and former addresses, social security number, dependent information
and other personal information is fully and truthfully set forth on the application
you provided to AF. Your soclal security number will not be revealed by us In
any public filings.
Certain Debts Pald: Many people choose to sell future settlement payments
because they want to clear up their debts, pay off 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, AF will review any such
obligations with you and determine which debts, claims, or liabilities must be
pdid at the closing. If it is necessary to pay certain debts before funds are
released to you, AF will pay those debts for your account and deduct the
payment from your Purchase Price.14,
Other Possible Deductions from the Purchase Price: If some of the payments
being sold to AF under this contract are paid over to you (and not AF) before the
Purchase Price is paid to you, the payments received by you (rather than AF) will
be deducted “dollar for dollar" from the Purchase Price.
“Holdbacks” While Address Change Is Processed; The Insurer making payments
may take several months to process tne change of address. If any of the
payments referenced in the court order are scheduled to be paid within three
months of the time of closing this transaction, AF will withhold an amount equal
to three to six months of monthly payments (depending upon the insurer and its
practices) until such time as the insurer actually begins to re-direct payments to
AF (or other parties) pursuant to the court's order, but in no event for more than
120 days. When the Assigned Payments begin to be received by AF (ar such
other third party mentioned in the order), the amount withheld will be released
to you, less the amount of any payments paid over to you in error while the
insurance company was processing the address change.
Misrouted Payments: On rare occasions, even afier 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 AF are instead sent to
you, you agree to hold those payments in trust and immediately turn them over
to AF, Similarly, in the event that payments you have sold to AF are sent lo AF
but made payable to you, you hereby grant AF an irrevocable limited "power of
attorney” authorizing AF to cash any such checks and deposit them to AF's
collection account. In some cases, if the Assigned Payments only constitute a
portion of your structured settlement paymenis, the court or your insurance
company may require that the entire structured settlement payment be paid to
AF and AF remit the unassigned portion of the structured settlement payment
back to you. If such a circumstance arises in your transaction, you agree to this
payment serving arrangement.
Grant of Security Interest: You intend to sell and AF intends to buy your rights in
and to the "Assigned Payments", Subject to the court's approval of the sale, you
grant to AF a "first priority security interest" in the Assigned Payments.
Accordingly, you agree that AF shall have all of the rights of a secured party
under the Uniform Commercial Code and may exercise the remedies of a
secured party if you do not meet your obligations under this Agreement.
Change of Beneficiary: The payments you are selling (the Assigned Payments}
are to be paid to AF 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 AF Attached Exhibit B that names your estate as the sole16
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 AF 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 AF's
express prior written consent.
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 8.
shall be binding upon you, your heirs, successors, assigns, and any person
claiming by, through, or under you,
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 AF, Consistent with the forgoing, you also agree that
you will never claim or cantend that the payments you are now selling were not
transferable.
AF Can Assign: AF may assign all or any portion of its right, title, and interest in
and to ihis Agreement, the Settlement Agreement, the Annuity, and the
Assigned Payments, without your furlher consent. If and when AF assigns this
Agreement, all references to AF in this Agreement shall be read and understood
to refer to AF's assignee.
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 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,
20,
21,
What Happens If Court Says "No" It 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, AF 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 AF 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,
AF wins court approval without undue expense or delay, But if, for some reason,
the court does not approve the sale, or if AF 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 AF, and AF will
have no further obligation to you.
What Happens If You Cancel, Breach, Fall To Appear or Refuse to Cooperate: if
you cancel or breach this Agreement after the cancellation period, fail to
appear for the court hearing or refuse to cooperate in efforts to obtain a Court
Order or required documents, you agree to pay AF an amount equal to 25% of
the agreed Purchase Price as a penalty or liquidated damages. The penalty or
liquidated damages is to cover any costs and fees in connection with obtaining
required documents, performing due diligence, and the legal fees and costs in
connection with seeking the Court Order,
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 AF and
teplace all prior arrangements and understandings, written or spoken, — This
Agreement can only be changed, replaced, or canceled by a writing signed by
you and AF. If any part of this Agreement is ever held to be to invalid under any
applicable law, that provision shall be deemed modified to ihe 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 cosis 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 AF and you and AF'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 Uniled22.
23.
24,
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.
The Payments You Are Selling: The payments you are selling and their amouni(s)
and due dates are described on Exhibit “A". These payments you are selling are
referred to as the “Assigned Payments",
Purchase Price: AF 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 AF has provided a written Disclosure Statement to you
prior to your signing this Agreement.as required by applicable state and federal
law,
Independent Advisor: By signing this Agreement below, you acknowledge that
AF has advised you in writing to seek, and you have had the opportunity to seek,
Independent legal or other expert advice regarding the legal, flnanclal, and tax
consequences of this Agreement, Including any adverse consequences.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]By signing below, you agree to be bound by alll of the terms of this Agreement.
Further, Seller hereby certifies that Seller is;
a. Married
b. Olvorced (if divorced, please return a copy of divorce decree).
ck Never married
d Widowed
SELLER Advance Funding LLC:
rmell Lynn.
ay, De Oevultes
Its: foes (ONT
The foregoing instrument was acknowledged belore me this \ day of May. 20\4 by the
above signed, who fs elther (]) personally known to me or (who has produced L-D:yess _ as
identification. at est
Notaty. Signature f MICHAEL C. QUATY
A Notary Public In and for the State of (lori AY COMALSSION FEE 67175
f : y ao : Febuary $2037
Printed Name: (aed Co Eaeecky Se EXPIRES: Feb. 2097
Commission Expires(i2 108 [701) Fae tured Tes Batty Se
Spousal Consent - NOT APPLICABLE
| am at least 18 years old, am of sound mind, not under the Influence of drugs or alcohol,
and am martied to Rymell Lynn. | 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 spouse anything other than what is stated in the Agreement.
The foregoing instrument was acknowledged before me this... dayof__ . 20. by
the above signed, who is elther (J) personally known to me or (CJ) who has produced ae
as identification.
Notary Signature
A Natary Public in and for the State of
Printed Name: __
Commission Expire:Exhibit "A" to Purchase Agreement
The Structured Settlement Payments you have agreed to sell to Advance Funding
LLC are:
Three (3) lump sum payments, payable as follows:
One [I] lump sum payment of $175,000.00 due on or about December 6, 2014,
One {1} lump sum payment of $250,000,00 due on or about December 6, 2019 and
One {1} lump sum payment of $410,325.00 due on or about December 6, 2024
The Purchase Price you have agreed to accept in exchange for the sale of the Structured
Settlement Payments stated above Is: $400,000,00
SELLER
oe CEE GetFLORIDA DISCLOSURE STATEMENT
[NAME: Rymell Lynn State of Residence: FL
41. DESCRIPTION OF TRANSFERRED PAYMENTS
The amounts and due dates of the structured settlement
payments to be transferred:
Three (3) lump sum payments, payable as follows:
One (1) jump sum payment of $175,000.00 due on or about
December 6, 2014,
One (1) lump sum payment of $250,000.00 due on or about
December 6, 2019 and
One (1) lump sum payment of $410,325.00 due on or about
December 6, 2024
The aggregate amount of these payments is
$835,325.00.
2. DISCOUNTED PRESENT VALUE OF PAYMENTS
This provides the calculation of 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 2.4%
calculate the Discount
PresentValue
Discount Present Value
“$709,379.53
3. GROSS AMOUNT PAYABLE TO PAYEE
In exchange for these payments, | will receive a gross amount of
$400,000.00. Funding will not occur until all conditions required
under the transfer agreement have occurred.
4. TRANSFER EXPENSES
| understand that the following fees and expenses will be
deducted from the Gross Advance Amount payable to me or my
account:
yy DOS +-C.
EXHIBIT
u
Disclosura Statement: FL
WBroker Commission +e $0.00
Service Charges cee $0.00
Application Fees __ $0.00
Processing Fees __ a $0.00 |
Closing Costs $0.00
Filing Fees ae)
Referral Fees $0.00
Administrative Fees** $0.00 - $300.00
Legal Fees $0.00,
Notary Fees ~ See #1 below $0.00
Other Misc. Fees $0.00 |
“Fees up to the amount of $300.00 may be charged to me if Advance has to
obtain documents that | should have in my possession (i.e. Release and
Settlement, Annuity Contract, etc.).
#1 +=The transfer agreement you will be asked to execute
requires that some of your signatures be witnessed and
verified by a notary public. The cost you may or may not
have to pay a notary for this service will vary. Please keep
in mind that Florida Statute 117.05(2)(a) limits the cost a
notary can charge for his/her services to $10 per
notarization.
5, NET AMOUNT PAYABLE TO THE PAYEE
| 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:
[Net Advance Amount | $400,000.00 |
| understand that | will receive this Net Advance Amount, less
(a) any advances made to me or on my behalf by Advance;
and
(b)any amounts necessary to satisfy any outstanding
liens, judgments, and credit-based obligations,
pursuant to the terms of the transfer agreement.
Disclosure Statement: FL6. QUOTIENT
The net amount that you will receive from us in exchange for
your future structured settlement payment(s) represents 56.39%
of the estimated current value of the payments based upon the
discounted value using the applicable federal rate.
7. EFFECTIVE ANNUAL INTEREST RATE
Based on the net amount that you will receive from us and the
amounts and timing of the structured settlement payments that
you are turning over to us, you will, in effect, be paying interest
to us at a rate of 12.345% per year.
8, PENALTY IN THE EVENT OF BREACH OF CONTRACT
The amount of any penalty and the aggregate amount of any
liquidated damages, including penalties, payable to the payee in
the event of a breach the transfer agreement is $10,000.00
9. | understand that | have the right to cancel the transfer
agreement without penalty or further obligation upon myself if |
do so not later than the third business day after | have signed
the transfer agreement.
10. You will not incur any obligation under a transfer agreement
until the tenth (10) day after you receive this disclosure
statement.
Disclosure Statement: FLStructured Settlament Transfer
DISCLOSURE STATEMENT - NY State
[Name of Individual Receiving Payments: Rymell Lynn FL |
All Calculations as of: May 1, 2014
1. DESCRIPTION OF PAYMENTS TO BE TRANSFERRED
You will be transferring (i.e. selling) the following
structured settlement payments:
Three (3) lump sum payments, payable as follows:
One (1) lump sum payment of $175,000.00 due on or about
December 6, 2014,
One (1) lump sum payment of $250,000.00 due on or about
December 6, 2019 and
One (1) lump sum payment of $410,325.00 due on or about
December 6, 2024
(referred to as the “Assigned Payments”).
2. PURCHASE PRICE
In exchange for the Assigned Payments, you will receive a
Purchase Price of:
$400,000.00
3. AGGREGATE AMOUNT OF THE TRANSFERRED
PAYMENTS
Adding all the Assigned Payments together
totals:
$835,325.00
4. CALCULATIO: OF CURRENT VALUE OF THE
TRANSFERRED STRUCTURED SETTLEMENT PAYMENTS
UNDER FEDERAL STANDARDS FOR VALUING ANNUITIES
The federal government publishes a discount rate to be
used in calculating the present value of annuities for tax
purposes. As of May 1, 2014, that rate is:
2.4%
Disclosure Statement NYCalculated as of May 1, 2014, the current value of the
transferred structured settlement payments using the
federal standard for valuing annuities is:
$709,379.53
5. PRICE QUOTES FROM ANNUITY ISSUERS
United States Life Insurance Company in the City of New
York fikla American International Life Assurance Company
of New York, the insurance company now making
payments to you, will not provide a quote for the issuance
of a new annuity policy that pays the specific periodic
payments you are now selling to Advance. Minnesota Life
and Integrity Life Insurance are companies with
comparable ratings. They each publish rates at which they
will sell long term annuities. Using the published rates for
annuities issued by those two issuers, as of May 1, 2014,
the cost to buy an annuity that would payout in the same
amounts and on the same schedule as the Assigned
Payments would be
$735,833.79 (SecureOption Focus 3)'
$748,306.80 (SPDA Series II 3)?
6. GROSS ADVANCE AMOUNT AND THE ANNUAL DISCOUNT
RATE
The gross advance amount to be paid to you for the
Assigned Payments is:
$400,000.00
As of May 1, 2014, this gross advance amount (equal to the
Purchase Price in the agreement) has been calculated by
Issuer: Minnesota Life, Product: SecureOption Focus 3, Duration of Guaranteed Interest
Rate: 3 years, Guaranteed Interest Rate: 1.85%, Cost of Annuity: $735,833.79
Issuer: Integrity Life Insurance, Product: SPDA Series iI 3, Duration of Guaranteed
Interest Rate: 3 years Guaranteed Interest Rate: 1.60%, Cost of Annuity: $748,306,80
Disclosure Statement NYdiscounting the Assigned Payments at the following
annual rate, compounded monthly:
12.345%
7. FEES TO BE DEDUCTED FROM YOUR GROSS PURCHASE
PRICE
Legal Fees $0.00
Broker Commission $0.00
All other Fees and $0.00 - $300.00
Charges**
“*Fees up to the amount of $300.00 may be charged to me if Advance
has to obtain documents that | should have in my possession (i.e.
Release and Settlement, Annuity Contract, etc.).
Additionally, the Purchase Agreement, which will be sent
to you no less than ten (10) days after this Disclosure
Statement provides that you may have to satisfy any
judgments or liens filed against you. Prior to closing,
Advance will identify any such claim and the amounts (if
any) that will be deducted from the purchase price to
satisfy your obligations.
8, NET AMOUNT DUE TO YOU AFTER ALL DEDUCTIONS
FROM THE PURCHASE PRICE
The net cash payment you receive in this transaction from
the buyout was determined by applying the specified
discount rate to the amount of future payments received by
the buyer, less the total amount of commissions, fees,
costs, expenses and charges payable by you.
$400,000.00
9. PENALTIES AND DAMAGES
The amount of any automatic penalty or liquidated
damages payable by you in the event of any breach of the
transfer agreement is:
$10,000.00
Disclosure Statament NY10. RIGHT TO CANCEL
You will have the right to cancel the transfer agreement,
without penalty or further obligation, not later than the
third business day after the date you sign the transfer
agreement.
11. LEGAL, FINANCIAL AND TAX ADVICE
It is strongly recommended that you consult with an
attorney, financial advisor or tax advisor regarding any
federal and state income tax consequences arising from
your pending transfer of structured settlement payments.
R¥mell Lynn
Disclosure Statement NYIN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIAL CIRCUIT JN AND FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO,
IN RE: APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT
PAYMENT RIGHTS BETWEEN ADVANCE FUNDING LLC, a
foreign limited liability company, Petitioner, and RYMELL LYNN, Respondent.
AFFIDAVIT OF RYMELL LYNN IN SUPPORT OF
TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
1, Rymell Lynn (“I”, “Me”, “We”, “Seller”), affiant herein, being duly sworn upon my oath
depose and say:
L, 1 am 24 years old, of sound mind, sane and not under the influence of alcohol or
drugs, and ] am not suffering from any physical or mental impairment affecting my judgment. | am
fully and personally cognizant of all facts and matters stated in this Affidavit. I have never been
adjudged incompetent by any court.
2, 1 am domiciled in the State of Florida. I recently moved back to Florida and am
seeking full time employment at the near by Wal-Mart and Home Depot.
3. hereby consent to the venue in Broward County, Florida.
4 Iam Single with 3 dependents (Sma Lyww, DOB: f/2008; TAM Lggg, DOB:
#B20)2; and Remmi, F., DOB mapa /2014).
5. Iam signing and submitting this Affidavit in connection with that certain Purchase
Agreement (“Transfer Agreement”) executed by and between myself as the Seller and Advance
Funding LLC (“Advance”) as the Purchaser, and dated May 1, 2014. Capitalized terms not
otherwise defined in this Affidavit shall have the meanings given to them in the Transfer
EXHIBIT
} ‘a[.\ffidavit of Rymell Lynn in Support of his transfer of Structured Settlement Payment Rights]
Agreement. The “Transaction” shall hereafter refer to the transaction set forth and described in the
Transfer Agreement and related documents, involving the sale and assignment of my right to
receive cerlain future payments to Advance.
6. I have read and understand the Transfer Agreement and related documents and
understand the transaction. | am fully aware of the economic consequences of this transaction and
am fully capable of managing my financial, personal and business affairs.
7. [am entitled to the settlement payments set forth in the Transfer Agreement. The
structured settlement payments arose as a result of a wrongful death claim. The cause of action
associated with the aforementioned lawsuit has been resolved. I have no physical injuries that
impair my ability to eam a living. Pursuant to a settlement agreement, | was entitled to receive the
following payments: one (1) lump sum payment of $175,000.00 due on or about December 6,
2014; one (1) lump sum payment of $250,000.00 due on or about December 6, 2019; and one (1)
lump sum payment of $410,325.00 due on or about December 6, 2024 (collectively, hereinafter
“Periodic Payments”) thereby creating a structured settlement agreement (hereinafter, the
“Settlement Agreement”).
8. I do not rely upon the Periodic Payments to pay my monthly living expenses (food
clothing, shelter, and medical care), I do desire to sell a portion of the monthly payments,
specifically; one (1) lump sum payment of $175,000.00 due on or about December 6, 2014; one
(1) lump sum payment of $250,000.00 due on or about December 6, 2019; and one (1) lump sum
payment of $410,325.00 due on or about December 6, 2024 (collectively, hereinafter “Assigned
Payments”),
9. 1 desire to transfer the Assigned Payments in exchange for a lump sum today to pay off
high interest credit card debt and multiple loans that are piling up so that I can purchase a home.[Affidavit of Rymell Lynn in Support of his transfer of Structured Settlement Payment Rights}
I would first pay my child support that is approximately $4,000.00, I have two car loans 1)
$4635.00 and 2) $3200.00. 1 also have a personal Joan from my sister that totals $2640.00. My
high interest credi cards from Wells Fargo, Chase, and Citi Bank total approximately $6920.00.
Once all of this debt is paid off I will be able to purchase a home in the Hialeah area. | have
done my research and have found housing for around $265,000.00. If this transfer is approved I
will be able to pay cash for this home and get a better deal. I’ve also figured that taxes would
total $55,000 for ten years. I will set up a fund for taxes and insurance on the home so that | do
not get into any finical hardships with this purchase. | would also purchase furniture for the
house for around $6500.00. I also plan to attend ITT Tech for an Electrician’s Certification that
is $50,000 to complete ($493/credit). This amount includes lab fees, books, and expenses. If this
transfer is approved, | will be able to reach these goals, be out of debt, have a roof over my head,
and complete my education to maintain a safe and sable life for myself and my family.
10. T understand that | will be giving up the right to receive the Assigned Payments in
exchange for a lump sum payment from Advance. | have considered other means of raising cash,
but 1 do not have any other property to sell or sufficient collateral against which to borrow from a
conventional lender. After weighing the options available to me, I have determined that selling
portion of my settlement to Advance is the most efficient and least expensive way for me to raise
the funds I need in order to meet my goals.
11. [ have determined that the sale of the Assigned Payments to Advance is fair and
reasonable, will improve the quality of my life and is in my best interests taking into account the
welfare and support of my dependents, if any.
12, Before entering into this transaction, ] analyzed the financial and legal consequences
of this transaction. I have not received any accounting, tax, legal or other advice from Advance in(Affidavit of Rymell Lynn in Support of his rransfer of Structured Settlement Payment Rights]
connection with this transaction. I was advised by Advance to seek professional legal and tax
advice regarding the ramifications of this transaction, After strong consideration, I have decided to
knowingly waive my right to receive such advice.
13.1] understand that the Settlement Agreement and/or settlement documents may contain
provisions that restrict or prohibit the assignment or sale of the Assigned Payments. | waive all such
restrictions and prohibitions and desire to complete the transaction notwithstanding such restrictions
and prohibitions.
14. I understand and acknowledge that each of the representations, warrantics,
covenants, agreements, obligations, and duties I make under the Transfer Agreement and related
documents are being relied upon by Advance. | understand that if] breach or violate any terms of
the Transfer Agreement or related documents, Advance will suffer substantial damages as a result,
15 I will not permit anyone claiming by or through me (other than Advance), to do
anything that would divert the Assigned Payments from Advance.
16. I recognize and accept the continuing and irrevocable duty and obligation under the
Transfer Agreement to cooperate with Advance to make sure that Advance receives the entire
Assigned Payment, including the duty to immediately deliver to Advance any checks, funds or other
form of payment received by me which constitute any portion of the Assigned Payments, 1
understand that this duty exists regardless of whether the Assigned Payments are received by
mistake or as a result of any action or omission on the part of Advance.
17. 1 have not previously pledged, promised, assigned, sold or encumbered any of my
rights in or to the Assigned Payments due under the Annuity (except as may be set forth and fully
disclosed in the Disclosure Statement and/or other closing documents in this transaction), nor have|Affidavie of Rymell Lynn in Support of his transfer of Structured Settlement Payment Rights]
any such payment rights or benefits ever been attached, levied, foreclosed upon, seized, restricted,
or subjected to garnishment or other legal process or proceeding,
18. Twenty days or more prior to the date of the hearing on approval of this matter, 1
received and I hereby accept service of the Petition for Court Approval of a Transfer of Structured
Settlement Payment Rights, along with all required documents and information pursuant to Florida
Statute 626.99296 et. seq.
19, 1 acknowledge receiving, reading, and understanding the Disclosure Statement
provided to me by Advance at least ten (10) days prior to receipt of the Transfer Agreement.
20. I fully understand this transaction and the Petition, and I request the Court to
approve the transfer as set out therein.
21,1 do not have any outstanding child support obligations, nor any outstanding
judgments rendered against me.| \tidavit of Rymell Lynn in Suppor of his teanster of Structured Settlement Payment Rights]
FURTHER AFFIANT SAYETH NAUGHT.
Were LYNN” G
Acknowledgement for Rymell Lynn
State of Florida )
)ss:
County of Broward )
|. a Notary Public of the County and State aforesaid, do hereby certify that the foregoing
Affidavit was acknowledged belore me this \ day of May. 20\4_, by RYMELL
LYNN, who is personally known to me or has shown me FL Dyers Veen as
personal identification, and who did take an oath.
# MICHAEL C. GUATY rag Ne
ae MY COMMISSION # EE 071475 fg
MES, EXPIRES: February5,2017 Nofary Styndfure
an
Bonded Thru Budget Notary Services
Mined 0 Crady
Print Notary Name
NOTARY PUBLIC
State of Florida at Large moe
“
Preview
Filing # 127018261 E-Filed 05/18/2021 12:02:16 PM IN THE CIRCUIT COURT OF THE 17"! JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE 20-016587 SUTTONPARK CAPITAL, LLC, a Delaware limited liability company, Plaintiff, vs. UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, a New York corporation, AMERICAN HOME ASSURANCE COMPANY, a New York Corporation, and RYMELL LYNN, Defendants. / PLAINTIFF, SUTTO RK CAPITAL LLC’S, REQUEST FOR JUDICIAL NOTICE COMES NOW, Plaintiff, SUTTONPARK CAPITAL LLC (“Plaintiff’ or “SuttonPark”), by and through its undersigned counsel and pursuant to Florida Statutes Sec. 90.202, and respectfully requests that this Court take judicial notice of the following attached documents: 1. The docket in Jn Re: Approval Of Transfer Of Structured Settlement Payment Rights Between Advance Funding LLC, A Foreign Limited Liability Company, Petitioner, And Rymell Lynn, Respondent, Case No. 14-008960-CACE-09, Circuit Court, Broward County, Florida (the “Transfer Proceeding”), Exhibit C to the Complaint in this matter. 2. Petition for Court Approval of Transfer of Structured Settlement Payment Rights and (the “Petition”) Notice of Filing Petition for Approval of Transfer of Payment Rights and Notice of Hearing in the Transfer Proceeding, Composite Exhibit A to the Complaint in this matter. 58615/0006-40695 1071 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/18/2021 12:02:15 PM.****3. Agreed Final Order granting the Petition (the “Prior Order”) in the Transfer Proceeding, Exhibit B to the Complaint in this matter.! 4. Stone Street Capital, LLC’s Motion to Intervene and Vacate and/or Set Aside Prior Order (the “Motion to Intervene”) in the Transfer Proceeding, Exhibit D to the Complaint in this matter. 5. Stone Street Capital, LLC’s Notice of Withdrawal (the “Stone Street Notice”) of the Motion to Intervene in the Transfer Proceeding, Exhibit E to the Complaint in this matter. 6. Advance Funding LLC’s Unopposed Motion for An Amended Final Order (the “Motion to Amend”) in the Transfer Proceeding, Exhibit F to the Complaint in this matter 7. Rymell Lynn’s Motion to Vacate Order with an attached Declaration of Lynn and Notice (the “Initial Lynn Motion”) and second Motion to Vacate along with Declaration of Lynn (the “Second Lynn Motion”) in the Transfer Proceeding, portions of which were Composite Exhibit G to the Complaint in this matter.” 8. Rymell Lynn’s Notice of Withdrawal of Motion to Vacate in the Transfer Proceeding, Exhibit H to the Complaint in this matter. 9. Advance Funding LLC’s Motion for Clarification of the Court’s Amended Order (the “Motion for Clarification”) in the Transfer Proceeding, Exhibit I to the Complaint in this matter. 10. | Rymell Lynn’s Affidavit in support of the Notice of Withdrawal of Motion to Vacate in the Transfer Proceeding, Exhibit J to the Complaint in this matter. 1 The Prior Order is on a list of Orders! that the judge assigned to this matter has averted that he did not sign. See Affidavit of the Honorable John T. Luzzo, which is being attached to this Notice. 2 Composite Exhibit G to the Complaint consisted of the Notice with respect to the Initial Lynn Motion, the Second Lynn Motion and the Declaration of Lynn accompanying the Second Lynn Motion. It appears that the Declaration with respect to the Initial Lynn Motion is the same as the Declaration for the Second Lynn Motion 58615/0006-40695 107111. Amended Final Order entered on February 5, 2015 in the Transfer Proceeding, Exhibit K to the Complaint in this matter. 12. Notice of Appearance and a Notice of Hearing on the Petition in the Transfer Proceeding filed by the Tables Law Group, P.A., Composite Exhibit M to the Complaint in this matter. 13. Affidavit of the Honorable John T. Luzzo, referenced as Exhibit N to the Complaint in this matter.* COLE SCHOTZ P.C. Attorneys for Plaintiff, SuttonPark Capital LLC By: ___/s/ Scott J. Topolski Scott J. Topolski Florida Bar No. 0006394 2255 Glades Road, Suite 142W Boca Raton, Florida 33431 Telephone: 561 609-3856 Facsimile: 561 423-0392 stopolski@coleschotz.com vberdan-bono@coleschotz.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by email by uploading same to the Florida e-filing portal to: Lelia M. M. Schleier, McDowell Hetherington LLP, 2385 N.W. Executive Center Drive, Suite 400, Boca Raton, FL 33331, Lia. Schleier@mhllp.com, Lisa.Nurse@mhllp.com and FLFiling@mhllp.com; and via Regular U.S. Mail and email on Rymell Lynn, 468 Beach 45" Street, Far Rockaway, NY 11691, kareemj069@gmail.com, this 18'" day of May, 2021. 3 It appears this Exhibit was inadvertently not attached to the Complaint in this matter, but, as with all other Exhibits described in this Notice is being attached hereto. 58615/0006-40695 1071/s/ Scott J. Topolski Attomey 58615/0006-40695 10718/25/2020 COMPREHENSIVE CASE INFORMATION SYSTEM * rave Heonbor Fas Date U7EREEREONNORNET 45 wagng RSneMNRLDRLSS! 95 gua. Pasty Man ces no HENGLARE HEE LNA RYMELL AOVANCE FUNDING LLC CAMACHO JOSE MUR E50 MOLES, RYAN £8 Docket imige Doc Artion Daa a vaea01s a venwaars 2 exuz0rs a or9018, w verano s ranean 6 vara. ” sonano1 rename 15 seria. “ rsnar0r4 ” sxnorors ” ‘ooan014 " owatove 10 ye ne0.e ° ase 5 aronn0s4 , ooroare0:4 6 ooer014 5 osorzova “ sisi 14 a vsnzno.a 2 ‘asiosior4 1 osronre0'4 uly Aasiginn History Court Evens Financial Sunvary Reopen Hlstory county ane type Staton antowan Recioood Gove Pauly Tyoe torney supce DEFENDANT PLAINTIFF 192619 atronney arrorney aus ovew of Harng Tunssoy Fabrunyy9 2010 al 8 45am Nates of Anpsorance er ‘Aa OF RYMEL( LYH IN| SUPPORT C1 HIS NOTICE. OF WITHHORAWAL OF MOTION TO YAGAIE ORDERARYAELY LYN (DF ‘Moon fr Claicshon OF THIS COURTS’ AMENDED ORDER OATED ALGUST 24.2014 Alached EshI e-qpun Fe Paya: MOR ORIK emut CIS Ig Reco 20LATFA LA 60990: ‘Algo in Supper 0! Moion OCCLARATION OF MYMELLLYNN Manon to Vacst Oreat Nowce of Windiawal OF MOTION 10 VACATE OROER Maven te Yeeste Order Notes Of Matin chon lo wasste oder, Ryn Lanes délavehon ard order Recooes Foe Payer TIMOR BRK : Used: CTSjstvers Receipt: 20141YE1CO01409, Commants: CASH Fat Oro ava of Wibdewal OF MOTION WITHOUT PREADICE ‘Unopposed Maton FOR AW AMESIOED FINAL ORDER Heice of Hoang July 29.20%4 98048 0m, Mouon w inlanane AND TO VACATE ANDIOR SET ASIDE PRIOR ORDERYInervonor STONE STREET CAPITAL LL Waiver of Survic ol Process ANSWER AND GONSENT TO RELIEF ‘Ayeed Order GRANTING APPROVAL OF STRUCTURED SETI EMENT PAYMIENT (RANSFER ‘Antolin Support OF YRANSFER OF STRUCTURED SECTLEUENT PAYMENT RIGHTS ‘wore9 of Heat) Tues, June 3, 2014 91:45 2: Rat 10208 Fig Fos Payor JOSE M CAMACHO JR : Us CTS-9), Kocay 20141FA A073 19 Complain oftea) KOR COURT APPROVAL OF A TRANSFER OF STRUCTURED SET LEMENT PAVAICH GIS ChitCovu Sheet Exhibit "C" to the Complaint CC Enaana.ay uy Tal eee WwWaoe vue, WEL TU UU UU Levu, UF Filing # 13438905 Electronically Filed 05/08/2014 02:21:59 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. . IN RE: APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS BETWEEN ADVANCE FUNDING LLC, a foreign limited liability company, Petitioner, And RYMELL LYNN, Respondent. / PETITION FOR COURT APPROVAL OF A TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS COMES NOW Petitioner, Advance Funding LLC, a foreign limited liability company (hereinafter “Transferee’”’), by counsel, and with the approval of Respondent, Rymell Lynn (hereinafter “Payee”), and petitions this Court for approval of a transfer of structured settlement payment rights pursuant to Florida Statute Chapter 626, and states as follows. 1, This is a Petition for the approval of the transfer of payment rights under a structured settlement, as required by Florida Stat. §626.99296, 2. By the terms of a settlement agreement, resulting from a personal injury claim, Payee became entitled to receive certain periodic payments (hereinafter “Periodic Payments”), thereby creating a structured settlement agrecment (hercinafter “Settlement Agreement”). 3, Pursuant to the Settlement Agreement and/or qualified assignment executed in connection with the Settlement Agreement, American Home Assurance Company, the Structured CAMACHQ LAW GROUP, P.A. 1000 Brickell Avenue, Suite 920, Miami, F1, 33131 “Telephone (305) 479-2616 Facsimile (305) 397-1196 om Dacre Composite Exhibit "A" to the ComplaintUn Re: Approval of a ‘Transfer of Structured Settlement Payment Rights Between Advane Vunding LLG, and Lynn, Case Noe Settlement Obligor/Annuity Owner (hereinafter “Obligor”), became obligated to make the Periodic Payments to Payee. 4. In order to fulfill its obligation under the Settlement Agreement and/or qualified assignment, Obligor purchased an annuity from United States Life Insurance Company in the City of New York f/k/a American International Life Assurance Company of New York (hereinafter “Annuity Issuer”), naming Payee as annuitant. 5 Payee, desiring to receive a lump sum in lieu of a portion of Periodic Payments Payee would otherwise receive pursuant to the settlement agreement, has agreed to transfer to Transferee the following lump sum payments: one (1) lump sum payment of $175,000.00 due on or about December 6, 2014; one (1) lump sum payment of $250,000.00 due on or about December 6, 2019; and one (1) lump sum payment of $410,325.00 due on or about December 6, 2024 (hereinafter “Assigned Payments”). 6. Payee has executed a Purchase Agreement (hereinafter “Transfer Agreement"), which becomes final as of the date this Court approves this Petition. A true and correct copy of the Transfer Agreement, along with all of its attachments, is attached hereto as Exhibit “A” and incorporated herein, 7 The name, address, and taxpayer identification number of Transferee is: ADVANCE FUNDING LLC 48 Wall Street, | 1th Floor New York, NY 10005 Taxpayer ID; 27-4865022 8. Transferee provided to Payee a Disclosure Statement, the form and content of which complies with Florida Statute §626.99296(3)(a)(2), more than ten (10) days prior to the date on which Payee was first to incur any obligation with respect to the transfer. Additionally, Transferee has also provided a Disclosure Statement which complies with the New York transfer 2 CAMACHO LAW GROUP, P.A. 1000 Brickell Avenue, Suite 920, Miami, FI. 33131 “Telephone (305) 479-2616 - Facsimile (305) 397-1196Ln Re: Approval of a Transfer of Structured Settlement Payment Rights Betueen Advance Funding, VC, and Lynn, Cae Nos act. True and correct copies of the Disclosure Statements are attached hereto as Composite Exhibit “B” and incorporated herein. 9 The transfer contemplated under the Transfer Agreement complies with the requirements of Title 37 Chapter 626 of the Florida Statutes and 26 U.S.C §5891 e/ seg, and does not contravene any applicable federal or state statute or order of any court or any responsible governmental or administrative authority. 10. ‘The best interests of Payee, taking into account the welfare and support of any dependents (three dependents: Syma | ggg. DOB: P2008; Tt | pee, DOB: HEF2012; and RI Lg the Payee to pay off high interest debt and purchase a home in Hialeah, FL. Payee has provided , DOB 2014), renders the transfer appropriate because it will enable an Affidavit in support of this Petition outlining the reasons for pursuing this transfer. ‘The Affidavit provides additional detail and justification related to why this transfer is in Payee's best interest. A true and correct copy of Payee's Affidavit in support of the transfer is attached hereto as Exhibit "C" and incorporated herein. 11 The net amount payable to Payee is fair, just and reasonable under the existing circumstances, 12 Payee has considered its current financial situation carefully before executing the Transfer Agreement. Moreover, Payee was advised in writing by Transferee to seek independent professional advice regarding the legal, tax and financial implications of this transfer, and has knowingly and voluntarily waived the right to receive such advice, A true and correct copy of Payee's Waiver of Independent Professional Advice is attached hereto as Exhibit "D" and incorporated herein. 3 CAMACHO LAW GROUP, P.A 1000 Brickell Avenue, Suite 920, Miami, FI, 33131 “Telephone (305) 479-2616 «Facsimile (305) 397-1196In Res Approval of a Transfer of Structured Settlement Payment Rights Between Advance Funding, CLC, and | yn, Case No. FREE 13 Transferee has provided written notice of the transfer (hereinafter “Notice”) to all interested parties, including Payee, Annuity Issuer and Obligor, which Notice includes Transferee’s name, address and taxpayer identification number. 14. Pursuant to the terms of the Transfer Agreement, any disputes between the parties will be governed in accordance with the laws of the state of Florida, and Florida is the proper venue to bring any cause of action arising out of the breach of the Transfer Agreement. WHEREFORE, Petitioner Advance Funding, LLC by counsel, hereby petitions this Court, upon the disclosure and notice required under the applicable Florida Statute, to make findings required under the Florida Statute and approve the transfer of structured settlement payment rights as described in this Petition and the Transfer Agreement. Respectfully submitted, CAMACHO LAW GROUP, P.A. Counsel for Petitioner 1000 Brickell Avenue, Suite 920 Miami, FL 33131 Tel: 305-479-2616 Fax: 305-397-1196 Jose M. Camacho, Jr., Esq Fla. Bar No: 0192619 Primary: — Jcamacho@camacholawgroup.com Secondary: Muonzalez HaAchohwyroup, com DATED: May 8, 2014 4 CAMACHO LAW GROUP, B.A 1000 Brickell Avenue, Suite 920, Miami, FI. 33131 “Telephone (305) 479-2616 -Facsiinile (305) 397-1196Purchase Agreement This is an Agreement between Rymell Lynn (referred to as “you” in this Agreement) and Advance Funding LLC ("AF"). This Agreement sets forth the terms of a legally binding contract in which you agree to sell structured settlement payments to AF. This Agreement and ail its terms are subject to the approval of a court, which, by law, must approve the Agreement before it is carried oul. Background Some time ago, you (or someone acting for you) entered into a Settlement Agreement, You have told AF that you have the right to receive certain payments due under that Settlement Agreement In connection with that Settlement Agreement, an insurance company agreed to make the settlement payments now due to you, In tum, that insurance company arranged for the purchase of an Annuity Policy so that those setilement payments would be made on an agreed schedule. 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 meel your needs, Accordingly, and after considering other ways of raising 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 fo receive certain future settlement payments in a trade for a lump-sum cash payment from AF. THEREFORE; 1. The Sale: You agree to sell and AF agrees to buy the settlement payments identified as the "Assigned Payments" at the very end of this Agreement, In exchange, AF agrees to pay you (and you agree to accept) cash in the amount of the Purchase Price stated ai the very end of this Agreement Payment to You: You can choose fo 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. EXHIBIT \ —A :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 AF 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 make the Assigned Payments to AF (or to an entity named by AF]; and (c) makes all findings required by applicable state and federal law. Best Efforts and Working Together: AF agrees to use its best efforts to obtain the required court approval in an uncontested court proceeding. You agree to cooperate with AF in that effort and to do all things reasonably necessary to cooperate with AF in its effort to complete this transaction. Among other things, you agree to promptly provide AF 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 oblain court approval of your sale to AF. We Rely Upon What You Tell Us: Ali 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 AF, In entering into this Agreement, AF is relying upon the truth of the statements you have made. and the documents you have provided. Your Money, Your Decislon: 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 to 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. Facts About Your Payments: AF must defermine whether anyone other than you is claiming an interest in the structured settlement payments you are selling us, Unless you fell us in writing otherwise. we will assume: (a) You alone have the tight 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 AF in writing. In all events, you authorize AF to conduct credit checks and judgment and lien searches to confirm that there are no claims against the Assigned Payments. 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 of your structured settlement payments, Your name, date of birth, marital status, current and former addresses, social security number, dependent information and other personal information is fully and truthfully set forth on the application you provided to AF. Your soclal security number will not be revealed by us In any public filings. Certain Debts Pald: Many people choose to sell future settlement payments because they want to clear up their debts, pay off 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, AF will review any such obligations with you and determine which debts, claims, or liabilities must be pdid at the closing. If it is necessary to pay certain debts before funds are released to you, AF will pay those debts for your account and deduct the payment from your Purchase Price.14, Other Possible Deductions from the Purchase Price: If some of the payments being sold to AF under this contract are paid over to you (and not AF) before the Purchase Price is paid to you, the payments received by you (rather than AF) will be deducted “dollar for dollar" from the Purchase Price. “Holdbacks” While Address Change Is Processed; The Insurer making payments may take several months to process tne change of address. If any of the payments referenced in the court order are scheduled to be paid within three months of the time of closing this transaction, AF will withhold an amount equal to three to six months of monthly payments (depending upon the insurer and its practices) until such time as the insurer actually begins to re-direct payments to AF (or other parties) pursuant to the court's order, but in no event for more than 120 days. When the Assigned Payments begin to be received by AF (ar such other third party mentioned in the order), the amount withheld will be released to you, less the amount of any payments paid over to you in error while the insurance company was processing the address change. Misrouted Payments: On rare occasions, even afier 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 AF are instead sent to you, you agree to hold those payments in trust and immediately turn them over to AF, Similarly, in the event that payments you have sold to AF are sent lo AF but made payable to you, you hereby grant AF an irrevocable limited "power of attorney” authorizing AF to cash any such checks and deposit them to AF's collection account. In some cases, if the Assigned Payments only constitute a portion of your structured settlement paymenis, the court or your insurance company may require that the entire structured settlement payment be paid to AF and AF remit the unassigned portion of the structured settlement payment back to you. If such a circumstance arises in your transaction, you agree to this payment serving arrangement. Grant of Security Interest: You intend to sell and AF intends to buy your rights in and to the "Assigned Payments", Subject to the court's approval of the sale, you grant to AF a "first priority security interest" in the Assigned Payments. Accordingly, you agree that AF shall have all of the rights of a secured party under the Uniform Commercial Code and may exercise the remedies of a secured party if you do not meet your obligations under this Agreement. Change of Beneficiary: The payments you are selling (the Assigned Payments} are to be paid to AF 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 AF Attached Exhibit B that names your estate as the sole16 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 AF 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 AF's express prior written consent. 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 8. shall be binding upon you, your heirs, successors, assigns, and any person claiming by, through, or under you, 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 AF, Consistent with the forgoing, you also agree that you will never claim or cantend that the payments you are now selling were not transferable. AF Can Assign: AF may assign all or any portion of its right, title, and interest in and to ihis Agreement, the Settlement Agreement, the Annuity, and the Assigned Payments, without your furlher consent. If and when AF assigns this Agreement, all references to AF in this Agreement shall be read and understood to refer to AF's assignee. 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 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, 20, 21, What Happens If Court Says "No" It 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, AF 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 AF 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, AF wins court approval without undue expense or delay, But if, for some reason, the court does not approve the sale, or if AF 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 AF, and AF will have no further obligation to you. What Happens If You Cancel, Breach, Fall To Appear or Refuse to Cooperate: if you cancel or breach this Agreement after the cancellation period, fail to appear for the court hearing or refuse to cooperate in efforts to obtain a Court Order or required documents, you agree to pay AF an amount equal to 25% of the agreed Purchase Price as a penalty or liquidated damages. The penalty or liquidated damages is to cover any costs and fees in connection with obtaining required documents, performing due diligence, and the legal fees and costs in connection with seeking the Court Order, 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 AF and teplace all prior arrangements and understandings, written or spoken, — This Agreement can only be changed, replaced, or canceled by a writing signed by you and AF. If any part of this Agreement is ever held to be to invalid under any applicable law, that provision shall be deemed modified to ihe 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 cosis 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 AF and you and AF'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 Uniled22. 23. 24, 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. The Payments You Are Selling: The payments you are selling and their amouni(s) and due dates are described on Exhibit “A". These payments you are selling are referred to as the “Assigned Payments", Purchase Price: AF 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 AF has provided a written Disclosure Statement to you prior to your signing this Agreement.as required by applicable state and federal law, Independent Advisor: By signing this Agreement below, you acknowledge that AF has advised you in writing to seek, and you have had the opportunity to seek, Independent legal or other expert advice regarding the legal, flnanclal, and tax consequences of this Agreement, Including any adverse consequences. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]By signing below, you agree to be bound by alll of the terms of this Agreement. Further, Seller hereby certifies that Seller is; a. Married b. Olvorced (if divorced, please return a copy of divorce decree). ck Never married d Widowed SELLER Advance Funding LLC: rmell Lynn. ay, De Oevultes Its: foes (ONT The foregoing instrument was acknowledged belore me this \ day of May. 20\4 by the above signed, who fs elther (]) personally known to me or (who has produced L-D:yess _ as identification. at est Notaty. Signature f MICHAEL C. QUATY A Notary Public In and for the State of (lori AY COMALSSION FEE 67175 f : y ao : Febuary $2037 Printed Name: (aed Co Eaeecky Se EXPIRES: Feb. 2097 Commission Expires(i2 108 [701) Fae tured Tes Batty Se Spousal Consent - NOT APPLICABLE | am at least 18 years old, am of sound mind, not under the Influence of drugs or alcohol, and am martied to Rymell Lynn. | 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 spouse anything other than what is stated in the Agreement. The foregoing instrument was acknowledged before me this... dayof__ . 20. by the above signed, who is elther (J) personally known to me or (CJ) who has produced ae as identification. Notary Signature A Natary Public in and for the State of Printed Name: __ Commission Expire:Exhibit "A" to Purchase Agreement The Structured Settlement Payments you have agreed to sell to Advance Funding LLC are: Three (3) lump sum payments, payable as follows: One [I] lump sum payment of $175,000.00 due on or about December 6, 2014, One {1} lump sum payment of $250,000,00 due on or about December 6, 2019 and One {1} lump sum payment of $410,325.00 due on or about December 6, 2024 The Purchase Price you have agreed to accept in exchange for the sale of the Structured Settlement Payments stated above Is: $400,000,00 SELLER oe CEE GetFLORIDA DISCLOSURE STATEMENT [NAME: Rymell Lynn State of Residence: FL 41. DESCRIPTION OF TRANSFERRED PAYMENTS The amounts and due dates of the structured settlement payments to be transferred: Three (3) lump sum payments, payable as follows: One (1) jump sum payment of $175,000.00 due on or about December 6, 2014, One (1) lump sum payment of $250,000.00 due on or about December 6, 2019 and One (1) lump sum payment of $410,325.00 due on or about December 6, 2024 The aggregate amount of these payments is $835,325.00. 2. DISCOUNTED PRESENT VALUE OF PAYMENTS This provides the calculation of 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 2.4% calculate the Discount PresentValue Discount Present Value “$709,379.53 3. GROSS AMOUNT PAYABLE TO PAYEE In exchange for these payments, | will receive a gross amount of $400,000.00. Funding will not occur until all conditions required under the transfer agreement have occurred. 4. TRANSFER EXPENSES | understand that the following fees and expenses will be deducted from the Gross Advance Amount payable to me or my account: yy DOS +-C. EXHIBIT u Disclosura Statement: FL WBroker Commission +e $0.00 Service Charges cee $0.00 Application Fees __ $0.00 Processing Fees __ a $0.00 | Closing Costs $0.00 Filing Fees ae) Referral Fees $0.00 Administrative Fees** $0.00 - $300.00 Legal Fees $0.00, Notary Fees ~ See #1 below $0.00 Other Misc. Fees $0.00 | “Fees up to the amount of $300.00 may be charged to me if Advance has to obtain documents that | should have in my possession (i.e. Release and Settlement, Annuity Contract, etc.). #1 +=The transfer agreement you will be asked to execute requires that some of your signatures be witnessed and verified by a notary public. The cost you may or may not have to pay a notary for this service will vary. Please keep in mind that Florida Statute 117.05(2)(a) limits the cost a notary can charge for his/her services to $10 per notarization. 5, NET AMOUNT PAYABLE TO THE PAYEE | 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: [Net Advance Amount | $400,000.00 | | understand that | will receive this Net Advance Amount, less (a) any advances made to me or on my behalf by Advance; and (b)any amounts necessary to satisfy any outstanding liens, judgments, and credit-based obligations, pursuant to the terms of the transfer agreement. Disclosure Statement: FL6. QUOTIENT The net amount that you will receive from us in exchange for your future structured settlement payment(s) represents 56.39% of the estimated current value of the payments based upon the discounted value using the applicable federal rate. 7. EFFECTIVE ANNUAL INTEREST RATE Based on the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are turning over to us, you will, in effect, be paying interest to us at a rate of 12.345% per year. 8, PENALTY IN THE EVENT OF BREACH OF CONTRACT The amount of any penalty and the aggregate amount of any liquidated damages, including penalties, payable to the payee in the event of a breach the transfer agreement is $10,000.00 9. | understand that | have the right to cancel the transfer agreement without penalty or further obligation upon myself if | do so not later than the third business day after | have signed the transfer agreement. 10. You will not incur any obligation under a transfer agreement until the tenth (10) day after you receive this disclosure statement. Disclosure Statement: FLStructured Settlament Transfer DISCLOSURE STATEMENT - NY State [Name of Individual Receiving Payments: Rymell Lynn FL | All Calculations as of: May 1, 2014 1. DESCRIPTION OF PAYMENTS TO BE TRANSFERRED You will be transferring (i.e. selling) the following structured settlement payments: Three (3) lump sum payments, payable as follows: One (1) lump sum payment of $175,000.00 due on or about December 6, 2014, One (1) lump sum payment of $250,000.00 due on or about December 6, 2019 and One (1) lump sum payment of $410,325.00 due on or about December 6, 2024 (referred to as the “Assigned Payments”). 2. PURCHASE PRICE In exchange for the Assigned Payments, you will receive a Purchase Price of: $400,000.00 3. AGGREGATE AMOUNT OF THE TRANSFERRED PAYMENTS Adding all the Assigned Payments together totals: $835,325.00 4. CALCULATIO: OF CURRENT VALUE OF THE TRANSFERRED STRUCTURED SETTLEMENT PAYMENTS UNDER FEDERAL STANDARDS FOR VALUING ANNUITIES The federal government publishes a discount rate to be used in calculating the present value of annuities for tax purposes. As of May 1, 2014, that rate is: 2.4% Disclosure Statement NYCalculated as of May 1, 2014, the current value of the transferred structured settlement payments using the federal standard for valuing annuities is: $709,379.53 5. PRICE QUOTES FROM ANNUITY ISSUERS United States Life Insurance Company in the City of New York fikla American International Life Assurance Company of New York, the insurance company now making payments to you, will not provide a quote for the issuance of a new annuity policy that pays the specific periodic payments you are now selling to Advance. Minnesota Life and Integrity Life Insurance are companies with comparable ratings. They each publish rates at which they will sell long term annuities. Using the published rates for annuities issued by those two issuers, as of May 1, 2014, the cost to buy an annuity that would payout in the same amounts and on the same schedule as the Assigned Payments would be $735,833.79 (SecureOption Focus 3)' $748,306.80 (SPDA Series II 3)? 6. GROSS ADVANCE AMOUNT AND THE ANNUAL DISCOUNT RATE The gross advance amount to be paid to you for the Assigned Payments is: $400,000.00 As of May 1, 2014, this gross advance amount (equal to the Purchase Price in the agreement) has been calculated by Issuer: Minnesota Life, Product: SecureOption Focus 3, Duration of Guaranteed Interest Rate: 3 years, Guaranteed Interest Rate: 1.85%, Cost of Annuity: $735,833.79 Issuer: Integrity Life Insurance, Product: SPDA Series iI 3, Duration of Guaranteed Interest Rate: 3 years Guaranteed Interest Rate: 1.60%, Cost of Annuity: $748,306,80 Disclosure Statement NYdiscounting the Assigned Payments at the following annual rate, compounded monthly: 12.345% 7. FEES TO BE DEDUCTED FROM YOUR GROSS PURCHASE PRICE Legal Fees $0.00 Broker Commission $0.00 All other Fees and $0.00 - $300.00 Charges** “*Fees up to the amount of $300.00 may be charged to me if Advance has to obtain documents that | should have in my possession (i.e. Release and Settlement, Annuity Contract, etc.). Additionally, the Purchase Agreement, which will be sent to you no less than ten (10) days after this Disclosure Statement provides that you may have to satisfy any judgments or liens filed against you. Prior to closing, Advance will identify any such claim and the amounts (if any) that will be deducted from the purchase price to satisfy your obligations. 8, NET AMOUNT DUE TO YOU AFTER ALL DEDUCTIONS FROM THE PURCHASE PRICE The net cash payment you receive in this transaction from the buyout was determined by applying the specified discount rate to the amount of future payments received by the buyer, less the total amount of commissions, fees, costs, expenses and charges payable by you. $400,000.00 9. PENALTIES AND DAMAGES The amount of any automatic penalty or liquidated damages payable by you in the event of any breach of the transfer agreement is: $10,000.00 Disclosure Statament NY10. RIGHT TO CANCEL You will have the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date you sign the transfer agreement. 11. LEGAL, FINANCIAL AND TAX ADVICE It is strongly recommended that you consult with an attorney, financial advisor or tax advisor regarding any federal and state income tax consequences arising from your pending transfer of structured settlement payments. R¥mell Lynn Disclosure Statement NYIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT JN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO, IN RE: APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS BETWEEN ADVANCE FUNDING LLC, a foreign limited liability company, Petitioner, and RYMELL LYNN, Respondent. AFFIDAVIT OF RYMELL LYNN IN SUPPORT OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS 1, Rymell Lynn (“I”, “Me”, “We”, “Seller”), affiant herein, being duly sworn upon my oath depose and say: L, 1 am 24 years old, of sound mind, sane and not under the influence of alcohol or drugs, and ] am not suffering from any physical or mental impairment affecting my judgment. | am fully and personally cognizant of all facts and matters stated in this Affidavit. I have never been adjudged incompetent by any court. 2, 1 am domiciled in the State of Florida. I recently moved back to Florida and am seeking full time employment at the near by Wal-Mart and Home Depot. 3. hereby consent to the venue in Broward County, Florida. 4 Iam Single with 3 dependents (Sma Lyww, DOB: f/2008; TAM Lggg, DOB: #B20)2; and Remmi, F., DOB mapa /2014). 5. Iam signing and submitting this Affidavit in connection with that certain Purchase Agreement (“Transfer Agreement”) executed by and between myself as the Seller and Advance Funding LLC (“Advance”) as the Purchaser, and dated May 1, 2014. Capitalized terms not otherwise defined in this Affidavit shall have the meanings given to them in the Transfer EXHIBIT } ‘a[.\ffidavit of Rymell Lynn in Support of his transfer of Structured Settlement Payment Rights] Agreement. The “Transaction” shall hereafter refer to the transaction set forth and described in the Transfer Agreement and related documents, involving the sale and assignment of my right to receive cerlain future payments to Advance. 6. I have read and understand the Transfer Agreement and related documents and understand the transaction. | am fully aware of the economic consequences of this transaction and am fully capable of managing my financial, personal and business affairs. 7. [am entitled to the settlement payments set forth in the Transfer Agreement. The structured settlement payments arose as a result of a wrongful death claim. The cause of action associated with the aforementioned lawsuit has been resolved. I have no physical injuries that impair my ability to eam a living. Pursuant to a settlement agreement, | was entitled to receive the following payments: one (1) lump sum payment of $175,000.00 due on or about December 6, 2014; one (1) lump sum payment of $250,000.00 due on or about December 6, 2019; and one (1) lump sum payment of $410,325.00 due on or about December 6, 2024 (collectively, hereinafter “Periodic Payments”) thereby creating a structured settlement agreement (hereinafter, the “Settlement Agreement”). 8. I do not rely upon the Periodic Payments to pay my monthly living expenses (food clothing, shelter, and medical care), I do desire to sell a portion of the monthly payments, specifically; one (1) lump sum payment of $175,000.00 due on or about December 6, 2014; one (1) lump sum payment of $250,000.00 due on or about December 6, 2019; and one (1) lump sum payment of $410,325.00 due on or about December 6, 2024 (collectively, hereinafter “Assigned Payments”), 9. 1 desire to transfer the Assigned Payments in exchange for a lump sum today to pay off high interest credit card debt and multiple loans that are piling up so that I can purchase a home.[Affidavit of Rymell Lynn in Support of his transfer of Structured Settlement Payment Rights} I would first pay my child support that is approximately $4,000.00, I have two car loans 1) $4635.00 and 2) $3200.00. 1 also have a personal Joan from my sister that totals $2640.00. My high interest credi cards from Wells Fargo, Chase, and Citi Bank total approximately $6920.00. Once all of this debt is paid off I will be able to purchase a home in the Hialeah area. | have done my research and have found housing for around $265,000.00. If this transfer is approved I will be able to pay cash for this home and get a better deal. I’ve also figured that taxes would total $55,000 for ten years. I will set up a fund for taxes and insurance on the home so that | do not get into any finical hardships with this purchase. | would also purchase furniture for the house for around $6500.00. I also plan to attend ITT Tech for an Electrician’s Certification that is $50,000 to complete ($493/credit). This amount includes lab fees, books, and expenses. If this transfer is approved, | will be able to reach these goals, be out of debt, have a roof over my head, and complete my education to maintain a safe and sable life for myself and my family. 10. T understand that | will be giving up the right to receive the Assigned Payments in exchange for a lump sum payment from Advance. | have considered other means of raising cash, but 1 do not have any other property to sell or sufficient collateral against which to borrow from a conventional lender. After weighing the options available to me, I have determined that selling portion of my settlement to Advance is the most efficient and least expensive way for me to raise the funds I need in order to meet my goals. 11. [ have determined that the sale of the Assigned Payments to Advance is fair and reasonable, will improve the quality of my life and is in my best interests taking into account the welfare and support of my dependents, if any. 12, Before entering into this transaction, ] analyzed the financial and legal consequences of this transaction. I have not received any accounting, tax, legal or other advice from Advance in(Affidavit of Rymell Lynn in Support of his rransfer of Structured Settlement Payment Rights] connection with this transaction. I was advised by Advance to seek professional legal and tax advice regarding the ramifications of this transaction, After strong consideration, I have decided to knowingly waive my right to receive such advice. 13.1] understand that the Settlement Agreement and/or settlement documents may contain provisions that restrict or prohibit the assignment or sale of the Assigned Payments. | waive all such restrictions and prohibitions and desire to complete the transaction notwithstanding such restrictions and prohibitions. 14. I understand and acknowledge that each of the representations, warrantics, covenants, agreements, obligations, and duties I make under the Transfer Agreement and related documents are being relied upon by Advance. | understand that if] breach or violate any terms of the Transfer Agreement or related documents, Advance will suffer substantial damages as a result, 15 I will not permit anyone claiming by or through me (other than Advance), to do anything that would divert the Assigned Payments from Advance. 16. I recognize and accept the continuing and irrevocable duty and obligation under the Transfer Agreement to cooperate with Advance to make sure that Advance receives the entire Assigned Payment, including the duty to immediately deliver to Advance any checks, funds or other form of payment received by me which constitute any portion of the Assigned Payments, 1 understand that this duty exists regardless of whether the Assigned Payments are received by mistake or as a result of any action or omission on the part of Advance. 17. 1 have not previously pledged, promised, assigned, sold or encumbered any of my rights in or to the Assigned Payments due under the Annuity (except as may be set forth and fully disclosed in the Disclosure Statement and/or other closing documents in this transaction), nor have|Affidavie of Rymell Lynn in Support of his transfer of Structured Settlement Payment Rights] any such payment rights or benefits ever been attached, levied, foreclosed upon, seized, restricted, or subjected to garnishment or other legal process or proceeding, 18. Twenty days or more prior to the date of the hearing on approval of this matter, 1 received and I hereby accept service of the Petition for Court Approval of a Transfer of Structured Settlement Payment Rights, along with all required documents and information pursuant to Florida Statute 626.99296 et. seq. 19, 1 acknowledge receiving, reading, and understanding the Disclosure Statement provided to me by Advance at least ten (10) days prior to receipt of the Transfer Agreement. 20. I fully understand this transaction and the Petition, and I request the Court to approve the transfer as set out therein. 21,1 do not have any outstanding child support obligations, nor any outstanding judgments rendered against me.| \tidavit of Rymell Lynn in Suppor of his teanster of Structured Settlement Payment Rights] FURTHER AFFIANT SAYETH NAUGHT. Were LYNN” G Acknowledgement for Rymell Lynn State of Florida ) )ss: County of Broward ) |. a Notary Public of the County and State aforesaid, do hereby certify that the foregoing Affidavit was acknowledged belore me this \ day of May. 20\4_, by RYMELL LYNN, who is personally known to me or has shown me FL Dyers Veen as personal identification, and who did take an oath. # MICHAEL C. GUATY rag Ne ae MY COMMISSION # EE 071475 fg MES, EXPIRES: February5,2017 Nofary Styndfure an Bonded Thru Budget Notary Services Mined 0 Crady Print Notary Name NOTARY PUBLIC State of Florida at Large moe “