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FACSIMILE: (718) 732-2409 At an I.A.S. Part / Term _ of the
Supreme Court of the State of New
York, held in and for the County of
Jefferson, at the courthouse thereof,
located at 175 Arsenal Street,
Watertown, New York 13601, on
the ____ day of , 2021.
P R E S E N T: HON.
Justice of the Supreme Court
--------------------------------------------------------------------X
LION GATE HOLDINGS, LLC, INDEX NO.
Petitioner(s),
- against - ORDER TO SHOW CAUSE
PRUDENTIAL ASSIGNED SETTLEMENT
SERVICES CORPORATION, THE PRUDENTIAL
INSURANCE COMPANY OF AMERICA, and T.B.,
Respondent(s).
________-----_____________----- _____..__________------X
Upon reading and filing the Petition of Lion Gate Holdings, LLC, dated and verified on
April 9, 2021, the exhibits annexed thereto in support of this proceeding, and upon all the
pleadings and proceedings heretofore had herein, and sufficient cause having been shown
therein,
LET Respondents show cause at an I.A.S. Part / Term __, Room __, of this Court, at
the courthouse thereof, located at 175 Arsenal Street, Watertown, New York 13601, on the ___
day of , 2021, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as
counsel can be heard, WHY an Order should not be made and entered herein as follows:
A. Declaring that the sale and transfer of structured settlement payment rights,
pursuant to a Purchase, Sale, and Transfer Agreement (the "Purchase
Agreement") by and between T.B., as the Payee/Seller, and Lion Gate Holdings,
LLC, as the Purchaser, complies with all requirements of New York's The
Structured Settlement Protection Act, Gen. Oblig. Law §5-1701 et seq., 26 U.S.C.
§5891 et seq., and Pub. L. 107-134, Title 1, §135(c)(3)(A);
B. Declaring that the sale and transfer of structured settlement payment rights is in
the best interest of the Payee/Seller, T.B., taking into account the welfare and
support of the Payee/Seller's dependents (if applicable), and that the transaction,
including the discóünt rate used to determine the gross advance amount and the
fees and expenses used to determine the net advance amount, are fair and
reasonable;
C. Declaring that the Payee/Seller, T.B., have been advised in writing of the right to
seek independent professional advice regarding the transfer of structured
settlement payment rights and has either received such advice or knowingly
waived such advice and opportunity in writing;
D. Declaring that the sale and transfer of structured settlement payment rights does
not contravene any federal or state statute or order of any court, governmental
authority or other responsible administrative authority;
E. Declaring that the Purchase Agreement and all disclosure and related documcats
are written in plain langaâge and in compliance with Gen. Oblig. Law §5-702;
F. Authorizing and approving the sale and transfer of structured settlement payment
rights by and between T.B., as the Payee/Seller, and Lion Gate Holdings, LLC, as
the Purchaser, pursuant to the Purchase Agreement;
G. Directing Prudential Assigned Settlemeñt Services Corporation, as the Structured
Settlement Obligor, and The Prudential Insurance Company of America, as the
Annuity Issuer, to recognize and honor the terms of the Purchase Agreement and
the assignment by the Payee/Seller, T.B., to the Purchaser, Lion Gate Holdings,
LLC, its successors and/or assigns;
H. Directing Prudential Assigned Settlement Services Corporation, as the Structured
Settlement Obligor, and The Prudential Insurance Company of America, as the
Annuity Issuer, to make payments in accordance with a certain annuity
"B"
contract/policy (m Exhibit and Exhibit "C"); and
I. Granting such other and further relief as the Court deems just, proper and
equitable.
SUFFICIENT REASON APPEARING THEREFOR, let service of a copy of this Order,
via overnight delivery, together with a copy of the papers upon which said Order was granted,
upon the Respondents (i) T.B.; (ii) The Prudential Insurance Company of America; and (iii)
Prudential Assigned Settlement Services Corporation, on or before the day of
, 2021 (which date shall be at least twenty (20) days before the time at
which application is noticed to be heard), be deemed good and sufficient service.
E N T E R
J.S.C.
2
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FACSIMILE: (718) 732-2409 At an I.A.S. Part / Term _ of the Supreme Court of the State of New York, held in and for the County of Jefferson, at the courthouse thereof, located at 175 Arsenal Street, Watertown, New York 13601, on the ____ day of , 2021. P R E S E N T: HON. Justice of the Supreme Court --------------------------------------------------------------------X LION GATE HOLDINGS, LLC, INDEX NO. Petitioner(s), - against - ORDER TO SHOW CAUSE PRUDENTIAL ASSIGNED SETTLEMENT SERVICES CORPORATION, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, and T.B., Respondent(s). ________-----_____________----- _____..__________------X Upon reading and filing the Petition of Lion Gate Holdings, LLC, dated and verified on April 9, 2021, the exhibits annexed thereto in support of this proceeding, and upon all the pleadings and proceedings heretofore had herein, and sufficient cause having been shown therein, LET Respondents show cause at an I.A.S. Part / Term __, Room __, of this Court, at the courthouse thereof, located at 175 Arsenal Street, Watertown, New York 13601, on the ___ day of , 2021, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, WHY an Order should not be made and entered herein as follows: A. Declaring that the sale and transfer of structured settlement payment rights, pursuant to a Purchase, Sale, and Transfer Agreement (the "Purchase Agreement") by and between T.B., as the Payee/Seller, and Lion Gate Holdings, LLC, as the Purchaser, complies with all requirements of New York's The Structured Settlement Protection Act, Gen. Oblig. Law §5-1701 et seq., 26 U.S.C. §5891 et seq., and Pub. L. 107-134, Title 1, §135(c)(3)(A); B. Declaring that the sale and transfer of structured settlement payment rights is in the best interest of the Payee/Seller, T.B., taking into account the welfare and support of the Payee/Seller's dependents (if applicable), and that the transaction, including the discóünt rate used to determine the gross advance amount and the fees and expenses used to determine the net advance amount, are fair and reasonable; C. Declaring that the Payee/Seller, T.B., have been advised in writing of the right to seek independent professional advice regarding the transfer of structured settlement payment rights and has either received such advice or knowingly waived such advice and opportunity in writing; D. Declaring that the sale and transfer of structured settlement payment rights does not contravene any federal or state statute or order of any court, governmental authority or other responsible administrative authority; E. Declaring that the Purchase Agreement and all disclosure and related documcats are written in plain langaâge and in compliance with Gen. Oblig. Law §5-702; F. Authorizing and approving the sale and transfer of structured settlement payment rights by and between T.B., as the Payee/Seller, and Lion Gate Holdings, LLC, as the Purchaser, pursuant to the Purchase Agreement; G. Directing Prudential Assigned Settlemeñt Services Corporation, as the Structured Settlement Obligor, and The Prudential Insurance Company of America, as the Annuity Issuer, to recognize and honor the terms of the Purchase Agreement and the assignment by the Payee/Seller, T.B., to the Purchaser, Lion Gate Holdings, LLC, its successors and/or assigns; H. Directing Prudential Assigned Settlement Services Corporation, as the Structured Settlement Obligor, and The Prudential Insurance Company of America, as the Annuity Issuer, to make payments in accordance with a certain annuity "B" contract/policy (m Exhibit and Exhibit "C"); and I. Granting such other and further relief as the Court deems just, proper and equitable. SUFFICIENT REASON APPEARING THEREFOR, let service of a copy of this Order, via overnight delivery, together with a copy of the papers upon which said Order was granted, upon the Respondents (i) T.B.; (ii) The Prudential Insurance Company of America; and (iii) Prudential Assigned Settlement Services Corporation, on or before the day of , 2021 (which date shall be at least twenty (20) days before the time at which application is noticed to be heard), be deemed good and sufficient service. E N T E R J.S.C. 2