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At an I.A.S. Part / Term of
the Supreme Court of the State of
New York, held in and for the
County of Kings, at the courthouse
thereof, located at 360 Adams
Street, Brooklyn, New York 11201,
on the day of
_ _ _ _ _ _ _ _, 2016.
PRESENT: HON.
Justice of the Supreme Court
---------------------------------------------------------------------)(
In the Matter of the Petition of INDE)(NO.
SENECA ONE, LLC,
Petitioner(s),
ORDER TO SHOW CAUSE
For Approval of the Sale and Transfer of Structured
Settlement Payment Rights of Quintaya Montgomery,
In Accordance with Gen. Oblig. Law §5-1701, et seq.
-against-
QUINTAYAMONTGOMERY, TRANSAMERICA
FINANCIAL LIFE INSURANCE COMPANY AND
TRANSAMERICA ANNUITY SERVICE
CORPORATION,
Respondent(s).
----------------------------------------------------------------------)(
Upon reading and filing the Petition of Seneca One, LLC, dated and verified on
November 30, 2016, the exhibits annexed thereto in support of the instant 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 360 Adams Street, Brooklyn, New York 11201, on the __
day of _ _ _ _ _ _ _, 2016, 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 Transfer and Assignment Agreement (the "Purchase Agreement") by
and between Quintaya Montgomery, as the Payee/Seller, and Seneca One, 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, §115(c)(3)(A);
B. Declaring that the sale and transfer of structured settlement payment rights is in
the best interest of the Payee/Seller, Quintaya Montgomery, taking into account
the welfare and support of the Payee/Seller's dependents (if applicable), and that
the transaction, including the discount 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, Quintaya Montgomery, has 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 documents
are written in plain language and in compliance with Gen. Oblig. Law §5-1702;
F. Authorizing and approving the sale and transfer of structured settlement payment
rights by and between Quintaya Montgomery, as the Payee/Seller, and Seneca
One, LLC, as the Purchaser, pursuant to the Purchase Agreement;
G. Directing Transamerica Annuity Service Corporation, as the Structured Settlement
Obligor, and Transamerica Financial Life Insurance Company, as the Annuity
Issuer, to recognize and honor the terms of the Purchase Agreement and the
assignment by the Payee/Seller, Quintaya Montgomery, to the Purchaser, Seneca
One, LLC, its successors and/or assigns;
H. Directing Transamerica Annuity Service Corporation, as the Structured Settlement
Obligor, and Transamerica Financial Life Insurance Company, as the Annuity
Issuer, to make payments, in accordance with a certain annuity contract/policy, as
follows: sixty (60) monthly payments in the amount of $500.00, beginning with
the payment due and payable on or about May 1, 2020, continuing through to and
including the payment due and payable on or about April 1, 2025; plus one (1)
lump sum payment in the amount of $50,000.00 due and payable on or about
March 25, 2027; and
I. Granting such other and further relief as the Court deems just, proper and
equitable.
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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 Respondents (i) Quintaya Montgomery, at 167 Schenectady Avenue, Apartment 1,
Brooklyn, New York 11213; and (ii) Transamerica Annuity Service Corporation and
Transamerica Financial Life Insurance Company, both at 4333 Edgewood Road NE, MS 2360,
Cedar Rapids, Iowa 52499, on or before the day of , 2016 (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.
ENTER
J.S.C.
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Preview
At an I.A.S. Part / Term of the Supreme Court of the State of New York, held in and for the County of Kings, at the courthouse thereof, located at 360 Adams Street, Brooklyn, New York 11201, on the day of _ _ _ _ _ _ _ _, 2016. PRESENT: HON. Justice of the Supreme Court ---------------------------------------------------------------------)( In the Matter of the Petition of INDE)(NO. SENECA ONE, LLC, Petitioner(s), ORDER TO SHOW CAUSE For Approval of the Sale and Transfer of Structured Settlement Payment Rights of Quintaya Montgomery, In Accordance with Gen. Oblig. Law §5-1701, et seq. -against- QUINTAYAMONTGOMERY, TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY AND TRANSAMERICA ANNUITY SERVICE CORPORATION, Respondent(s). ----------------------------------------------------------------------)( Upon reading and filing the Petition of Seneca One, LLC, dated and verified on November 30, 2016, the exhibits annexed thereto in support of the instant 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 360 Adams Street, Brooklyn, New York 11201, on the __ day of _ _ _ _ _ _ _, 2016, 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 Transfer and Assignment Agreement (the "Purchase Agreement") by and between Quintaya Montgomery, as the Payee/Seller, and Seneca One, 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, §115(c)(3)(A); B. Declaring that the sale and transfer of structured settlement payment rights is in the best interest of the Payee/Seller, Quintaya Montgomery, taking into account the welfare and support of the Payee/Seller's dependents (if applicable), and that the transaction, including the discount 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, Quintaya Montgomery, has 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 documents are written in plain language and in compliance with Gen. Oblig. Law §5-1702; F. Authorizing and approving the sale and transfer of structured settlement payment rights by and between Quintaya Montgomery, as the Payee/Seller, and Seneca One, LLC, as the Purchaser, pursuant to the Purchase Agreement; G. Directing Transamerica Annuity Service Corporation, as the Structured Settlement Obligor, and Transamerica Financial Life Insurance Company, as the Annuity Issuer, to recognize and honor the terms of the Purchase Agreement and the assignment by the Payee/Seller, Quintaya Montgomery, to the Purchaser, Seneca One, LLC, its successors and/or assigns; H. Directing Transamerica Annuity Service Corporation, as the Structured Settlement Obligor, and Transamerica Financial Life Insurance Company, as the Annuity Issuer, to make payments, in accordance with a certain annuity contract/policy, as follows: sixty (60) monthly payments in the amount of $500.00, beginning with the payment due and payable on or about May 1, 2020, continuing through to and including the payment due and payable on or about April 1, 2025; plus one (1) lump sum payment in the amount of $50,000.00 due and payable on or about March 25, 2027; and I. Granting such other and further relief as the Court deems just, proper and equitable. 2 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 Respondents (i) Quintaya Montgomery, at 167 Schenectady Avenue, Apartment 1, Brooklyn, New York 11213; and (ii) Transamerica Annuity Service Corporation and Transamerica Financial Life Insurance Company, both at 4333 Edgewood Road NE, MS 2360, Cedar Rapids, Iowa 52499, on or before the day of , 2016 (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. ENTER J.S.C. 3