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IN THE ALLEN COUNTY SUPERIOR COURT
STATE OF INDIANA
IN RE: Marlin Eicher, Jr., )
Respondent/Transferor. ) No. 02D02-1806-MI-578
FINAL AMENDED ORDER APPROVING TRANSFER
OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
24th day of September , 2018, upon consideration of the unopposed
AND NOW, this _____
Petition of Apis Management, LLC d/b/a Fairfield Funding, LLC (“APIS”), the Court hereby
finds as follows:
1. This Court’s Order dated August 21, 2018 is hereby amended as stated herein.
2. The transfer of the structured settlement payment rights, specifically:
Monthly payments of $4,575.88 each, beginning June 30, 2034 and continuing through
and including April 30, 2036, increasing 3% every May 31st
(the “Assigned Payments”), by Marlin Eicher, Jr. (“Mr. Eicher”) to APIS as described in the
application in this matter and in the Transfer Agreement (the “Transfer Agreement”) between
Mr. Eicher and APIS (the “Proposed Transfer”) (i) does not contravene any applicable federal or
state statute or the order of any court or responsible governmental or responsible administrative
authority, and (ii) is in the best interest of Mr. Eicher, taking into account the welfare and support
of Mr. Eicher’s dependents, if any.
3. The Proposed Transfer complies with the Indiana Structured Settlement
Protection Act (the “Act”), Ind. Code Ann § 34-50-2-1, et seq., 26 U.S.C. § 5891, and does not
contravene any other applicable law.
4. The consideration Mr. Eicher will receive for the Proposed Transfer reasonably
reflects the present fair market value of the future periodic payments under the structured
settlement agreement as required by Ind. Code Ann. § 34-50-2-7(1).
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5. The Proposed Transfer is in the best interest of Mr. Eicher, as required by Ind.
Code Ann. § 34-50-2-7(2).
6. The Proposed Transfer will not materially impair Mr. Eicher’s ability to discharge
his obligations to his dependents, if any, as required by Ind. Code Ann. § 34-50-2-7(3).
7. APIS has provided Mr. Eicher with a disclosure statement in accordance with Ind.
Code Ann. § 34-50-2-6, as required by Ind. Code Ann. § 34-50-2-7(4).
8. APIS assigned to STRUCTURED ORIGINATIONS, LLC (“ASSIGNEE”) all of
its rights and obligations under the Transfer Agreement, including the right to receive the
Assigned Payments.
9. APIS has timely filed with the Court and served on all interested parties,
including New York Life Insurance and Annuity Corporation (“NY Annuity”) and New York
Life Insurance Company (“NY Life”) (NY Annuity and NY Life are referred to collectively
herein as “Insurers”), Mr. Eicher’s counsel that assisted in the establishment of the structured
settlement, and all dependents of Mr. Eicher, and the notice of the Proposed Transfer as required
by Ind. Code Ann. § 34-50-2-8.
10. Jurisdiction and venue are proper in this Court pursuant to 26 U.S.C.
§ 5891(b)(4)(A) and Ind. Code Ann. § 34-50-2-8.
Based upon the foregoing findings, IT IS HEREBY ORDERED that:
A. Pursuant to the Act, the Proposed Transfer is APPROVED. Regardless of the
designated beneficiary under annuity contract number FP207 472 for the Assigned Payments,
owned by NY Annuity and issued by NY Life, ASSIGNEE shall be entitled to receive the
Assigned Payments even in the event of Mr. Eicher’s death, and Mr. Eicher understands he is
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giving up his rights, and the rights of his heirs, successors and/or beneficiaries, to the Assigned
Payments.
B. NY Life shall forward the Assigned Payments, within 7 days of the date due, to
ASSIGNEE, by check made payable to “STRUCTURED ORIGINATIONS, LLC,” at P.O.
Box 83364, Woburn, MA 01813-3364 (the “Designated Address”), TIN 80-0809141, as
follows:
Monthly payments of $4,575.88 each, beginning June 30, 2034 and continuing
through and including April 30, 2036, increasing 3% every May 31st.
C. Any obligation of NY Life hereunder to direct the Assigned Payments to
ASSIGNEE is limited to such Assigned Payments that have not already been paid as of the date
NY Life receives a signed stipulation (the “Stipulation”) between the parties, a W9 completed by
ASSIGNEE, and a certified or court filed-stamped copy of this Order allowing the Proposed
Transfer. ASSIGNEE agrees to seek recovery solely from Mr. Eicher for any Assigned
Payments made by NY Life prior to the receipt of the foregoing.
D. It is understood and agreed that ASSIGNEE is authorized to make subsequent
assignments or transfers of the Assigned Payments (a “Reassignment”) except that, regardless of
any such Reassignment, the Assigned Payments will continue to be serviced by ASSIGNEE (or
an agent on its behalf). In other words, the Assigned Payments will continue to be made by NY
Life to ASSIGNEE at the Designated Address only, regardless of any Reassignment.
E. ASSIGNEE and APIS shall defend, indemnify, and hold harmless Insurers and
their respective directors, shareholders, officers, agents, employees, servants, successors, and
assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers,
agents, employees, servants, successors, and assigns, past and present, from and against any and
all liability, including but not limited to any claims asserted by any person or entity not a party
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hereto, claiming an interest in the Assigned Payments, and any and all other claims made in
connection with, related to, or arising out of the Transfer Agreement, the Proposed Transfer, the
Assigned Payments, any Reassignment, or Insurers’ compliance with the Stipulation or this
Order, except with respect to claims by ASSIGNEE or APIS against Insurers to enforce Insurers’
obligations to ASSIGNEE or APIS, if any, under the Stipulation or this Order. To the extent that
ASSIGNEE or APIS fails to honor this indemnification and defense obligation, Insurers may, in
addition to all other remedies afforded by law, satisfy the same by withholding to their own
credit the Assigned Payments.
F. All remaining Periodic Payments (and/or portions thereof), if any, that are not the
subject of the Proposed Transfer and not previously assigned shall be made payable to Mr.
Eicher and will be forwarded by NY Life, as they become due, to Mr. Eicher’s most recent
known address or any payment address designated by Mr. Eicher, subject to the consent of
Insurers.
G. Insurers’ lack of opposition to this matter, or its or the other parties’ stipulation
hereto or compliance herewith, shall not constitute evidence in this or any other matter, and is
not intended to constitute evidence in this or any other matter, that:
i. payments under a structured settlement contract or annuity or
related contracts can or cannot be assigned or that “anti-
assignment” or “anti-encumbrance” provisions in structured
settlement contracts or annuities or related contracts are or are not
valid and enforceable; or
ii. other transactions entered into by ASSIGNEE, APIS, and their
customers do or do not constitute valid sales and/or secured
transactions; or
iii. Insurers have waived any right in connection with any other
litigation or claims; or
iv. ASSIGNEE and APIS have waived any right other than as
expressly set forth in the Stipulation and/or this Order.
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H. For good and valuable consideration, and intending to be legally bound hereby,
ASSIGNEE, APIS, and Mr. Eicher, for themselves and for their respective directors,
shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent
beneficiaries, executors, administrators, and assigns, and any parent, subsidiary, or affiliate
thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and
assigns, past and present (the “Releasors”), hereby remise, release and forever discharge each
other and Insurers, and their respective directors, shareholders, officers, agents, employees,
servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their
directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and
present (the “Insurers Releasees”), of and from any and all manner of actions and causes of
action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments,
settlements, damages, claims, and demands whatsoever, in law or in equity, in connection with,
related to, or arising out of, any claim or allegation that was or could have been asserted in
connection with, related to, or arising out of the Transfer Agreement, the Assigned Payments,
any Reassignment, the Proposed Transfer, the Stipulation, or this Order, which against each
other or the Insurers Releasees, the Releasors have or had from the beginning of the world
through the date of this Order, except for claims of Releasors against the Insurers Releasees to
enforce the Insurers Releasees’ obligations to Releasors, if any, under the Stipulation or this
Order. Eicher shall receive $25,000.00.
I. This Order is a “Qualified Order” within the meaning of 26 U.S.C. § 5891, et seq.
24th day of __________________,
SIGNED THIS _____ September 2018.
__________________________________________
Hon. Judge Stanley A. Levine MR
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IN THE ALLEN COUNTY SUPERIOR COURT STATE OF INDIANA IN RE: Marlin Eicher, Jr., ) Respondent/Transferor. ) No. 02D02-1806-MI-578 FINAL AMENDED ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS 24th day of September , 2018, upon consideration of the unopposed AND NOW, this _____ Petition of Apis Management, LLC d/b/a Fairfield Funding, LLC (“APIS”), the Court hereby finds as follows: 1. This Court’s Order dated August 21, 2018 is hereby amended as stated herein. 2. The transfer of the structured settlement payment rights, specifically: Monthly payments of $4,575.88 each, beginning June 30, 2034 and continuing through and including April 30, 2036, increasing 3% every May 31st (the “Assigned Payments”), by Marlin Eicher, Jr. (“Mr. Eicher”) to APIS as described in the application in this matter and in the Transfer Agreement (the “Transfer Agreement”) between Mr. Eicher and APIS (the “Proposed Transfer”) (i) does not contravene any applicable federal or state statute or the order of any court or responsible governmental or responsible administrative authority, and (ii) is in the best interest of Mr. Eicher, taking into account the welfare and support of Mr. Eicher’s dependents, if any. 3. The Proposed Transfer complies with the Indiana Structured Settlement Protection Act (the “Act”), Ind. Code Ann § 34-50-2-1, et seq., 26 U.S.C. § 5891, and does not contravene any other applicable law. 4. The consideration Mr. Eicher will receive for the Proposed Transfer reasonably reflects the present fair market value of the future periodic payments under the structured settlement agreement as required by Ind. Code Ann. § 34-50-2-7(1). -1- 91392200.1 5. The Proposed Transfer is in the best interest of Mr. Eicher, as required by Ind. Code Ann. § 34-50-2-7(2). 6. The Proposed Transfer will not materially impair Mr. Eicher’s ability to discharge his obligations to his dependents, if any, as required by Ind. Code Ann. § 34-50-2-7(3). 7. APIS has provided Mr. Eicher with a disclosure statement in accordance with Ind. Code Ann. § 34-50-2-6, as required by Ind. Code Ann. § 34-50-2-7(4). 8. APIS assigned to STRUCTURED ORIGINATIONS, LLC (“ASSIGNEE”) all of its rights and obligations under the Transfer Agreement, including the right to receive the Assigned Payments. 9. APIS has timely filed with the Court and served on all interested parties, including New York Life Insurance and Annuity Corporation (“NY Annuity”) and New York Life Insurance Company (“NY Life”) (NY Annuity and NY Life are referred to collectively herein as “Insurers”), Mr. Eicher’s counsel that assisted in the establishment of the structured settlement, and all dependents of Mr. Eicher, and the notice of the Proposed Transfer as required by Ind. Code Ann. § 34-50-2-8. 10. Jurisdiction and venue are proper in this Court pursuant to 26 U.S.C. § 5891(b)(4)(A) and Ind. Code Ann. § 34-50-2-8. Based upon the foregoing findings, IT IS HEREBY ORDERED that: A. Pursuant to the Act, the Proposed Transfer is APPROVED. Regardless of the designated beneficiary under annuity contract number FP207 472 for the Assigned Payments, owned by NY Annuity and issued by NY Life, ASSIGNEE shall be entitled to receive the Assigned Payments even in the event of Mr. Eicher’s death, and Mr. Eicher understands he is -2- 91392200.1 giving up his rights, and the rights of his heirs, successors and/or beneficiaries, to the Assigned Payments. B. NY Life shall forward the Assigned Payments, within 7 days of the date due, to ASSIGNEE, by check made payable to “STRUCTURED ORIGINATIONS, LLC,” at P.O. Box 83364, Woburn, MA 01813-3364 (the “Designated Address”), TIN 80-0809141, as follows: Monthly payments of $4,575.88 each, beginning June 30, 2034 and continuing through and including April 30, 2036, increasing 3% every May 31st. C. Any obligation of NY Life hereunder to direct the Assigned Payments to ASSIGNEE is limited to such Assigned Payments that have not already been paid as of the date NY Life receives a signed stipulation (the “Stipulation”) between the parties, a W9 completed by ASSIGNEE, and a certified or court filed-stamped copy of this Order allowing the Proposed Transfer. ASSIGNEE agrees to seek recovery solely from Mr. Eicher for any Assigned Payments made by NY Life prior to the receipt of the foregoing. D. It is understood and agreed that ASSIGNEE is authorized to make subsequent assignments or transfers of the Assigned Payments (a “Reassignment”) except that, regardless of any such Reassignment, the Assigned Payments will continue to be serviced by ASSIGNEE (or an agent on its behalf). In other words, the Assigned Payments will continue to be made by NY Life to ASSIGNEE at the Designated Address only, regardless of any Reassignment. E. ASSIGNEE and APIS shall defend, indemnify, and hold harmless Insurers and their respective directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present, from and against any and all liability, including but not limited to any claims asserted by any person or entity not a party -3- 91392200.1 hereto, claiming an interest in the Assigned Payments, and any and all other claims made in connection with, related to, or arising out of the Transfer Agreement, the Proposed Transfer, the Assigned Payments, any Reassignment, or Insurers’ compliance with the Stipulation or this Order, except with respect to claims by ASSIGNEE or APIS against Insurers to enforce Insurers’ obligations to ASSIGNEE or APIS, if any, under the Stipulation or this Order. To the extent that ASSIGNEE or APIS fails to honor this indemnification and defense obligation, Insurers may, in addition to all other remedies afforded by law, satisfy the same by withholding to their own credit the Assigned Payments. F. All remaining Periodic Payments (and/or portions thereof), if any, that are not the subject of the Proposed Transfer and not previously assigned shall be made payable to Mr. Eicher and will be forwarded by NY Life, as they become due, to Mr. Eicher’s most recent known address or any payment address designated by Mr. Eicher, subject to the consent of Insurers. G. Insurers’ lack of opposition to this matter, or its or the other parties’ stipulation hereto or compliance herewith, shall not constitute evidence in this or any other matter, and is not intended to constitute evidence in this or any other matter, that: i. payments under a structured settlement contract or annuity or related contracts can or cannot be assigned or that “anti- assignment” or “anti-encumbrance” provisions in structured settlement contracts or annuities or related contracts are or are not valid and enforceable; or ii. other transactions entered into by ASSIGNEE, APIS, and their customers do or do not constitute valid sales and/or secured transactions; or iii. Insurers have waived any right in connection with any other litigation or claims; or iv. ASSIGNEE and APIS have waived any right other than as expressly set forth in the Stipulation and/or this Order. -4- 91392200.1 H. For good and valuable consideration, and intending to be legally bound hereby, ASSIGNEE, APIS, and Mr. Eicher, for themselves and for their respective directors, shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, administrators, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the “Releasors”), hereby remise, release and forever discharge each other and Insurers, and their respective directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the “Insurers Releasees”), of and from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, settlements, damages, claims, and demands whatsoever, in law or in equity, in connection with, related to, or arising out of, any claim or allegation that was or could have been asserted in connection with, related to, or arising out of the Transfer Agreement, the Assigned Payments, any Reassignment, the Proposed Transfer, the Stipulation, or this Order, which against each other or the Insurers Releasees, the Releasors have or had from the beginning of the world through the date of this Order, except for claims of Releasors against the Insurers Releasees to enforce the Insurers Releasees’ obligations to Releasors, if any, under the Stipulation or this Order. Eicher shall receive $25,000.00. I. This Order is a “Qualified Order” within the meaning of 26 U.S.C. § 5891, et seq. 24th day of __________________, SIGNED THIS _____ September 2018. __________________________________________ Hon. Judge Stanley A. Levine MR -5- 91392200.1