Motion for Writ in J.G. Wentworth Originations, Llc v. Pacific Life And Annuity Company, Pacific Life And Annuity Services, Inc., R. M.| Trellis.Law

On April 11, 2024 a Exhibit,Appendix was filed involving a dispute between J.G. Wentworth Originations, Llc, and Pacific Life And Annuity Company, Pacific Life And Annuity Services, Inc., R. M., for Special Proceedings - Other (Transfer-Structured Sett.) in the District Court of Nassau County.

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FILED: NASSAU COUNTY CLERK 04/11/2024 01:57 PM INDEX NO. 606341/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/11/2024

EXHIBIT A
FILED: NASSAU COUNTY CLERK 04/11/2024 01:57 PM INDEX NO. 606341/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/11/2024

AccountmL21t4613

NEW YORK PURCHASE CONTRACT

this1s a Purchase Contract ("Contract") for the sale of structured settlement payments between

R 1 (You, Your), and10 Wentworth Originations, LLC (We, Us, Our)
3993 Howard Hughes Perkway, Suite 250, Las Vegas, NV 89169-6754.

BACKGROUND
A. In nonnection with the resolution of.a personal i·jury olaim, You or someone acting for You, signed a
Settlement Agreement that eniltles You to receive certain future payments ("Settlement Payments"),
according to a set schedule.

B. Those Settlement Payments are being paid to You from an annuity p6lloy C'Atinuity Poli6y") purchased by the Person
responsible for making the SettlementPayments to You CŒbligor").

C. Rather than wait for the Settlement Payments to.be made to Youhi the future, You wantto sell all otsonne ofthose
SettlementPayments (%rchased Payments") to Us now for a luing suiñ.

DEFDIEDWORDS

Certain wonis used in this Contmethave specific meanings, shown below.

Afflitate An entity controlled by, cotstrolling, or under cominon connel withi another entitya

Atnnuity Pojief the jiofloy lierchokedby the Obligor to ensufé that the Settlement Payments are made to You as
required by the SettlementAgreement.

Closing Doc inents Any documents necessary to carry out the purchase of the Purchased Pay ments, ather
than the "Contreet or Contract Docuinents" as defined below.

Contract or Contra4t
Decaments Collectively, only this Contract and the Disclosure Statement.

Contract Date The date Your signature at the end of this Contract is notarized. However, if Vou happen
to sign this Constract before the number of days stated at the end of Your Disolosure
Statentent for waiting has passed, You will have no obligation under Your Contract until
that time has passed.

Court 0rder A legally binding ruling issued by ajudge or properly empowered administrative officer,
approving the sale ofthe PttrchasedPgyments toUs ("Cotitt Apptsval").

Disclosure Statement The docume:1t which identifies ibr You, the PurchasedPayments, expenses, Pureliase Price
and various other disclosures.

Encu1nbrance Any claim, right, lien, policy loan, or restriction. In addition, this Includes any
linilts on rights of ownership (such as the uire, yoting, transfer, receipt ôf fricòme, oto,).

Funding Date The date We pay You the NetPurchase Price.

Instver The insurance contpany that issued the Annuity Policy.

8 who is obligated
Obligor Tlie Person to make payments to You under the Settlement Agreement.

Party One ofYou or Us. Parties means lioth You and Us.

runenasscommacrrome a
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Person Any natural person or legal entity.

Purchased Payments Only those certain payments that We are purchasing from You under this Contract.

(You)"
Gross Purchase Price The amount shown as the "gross amount payable to the seller on the Disclosure
Statement. This is the sum We have agreed to pay You before any deductions as set
forth in the Contract Documents.

(You)"
Net Purchase Price The amount shown as the "net amount payable to the seller on the Disclosure
Statement. This is the sum W.e have agreed to pay You after any deductions as set forth
in the Contract Documents.

Settlement Agreement The agreement that You and the Obligor signed to resolve Your personal injury claim.

Settlement Payments All of the payments that the Obligor has agreed to make to You in the Settlement
Agreement.

We, Our, or Us J.G. Wentworth Originations, LLC, along with any of its successors, assigns,
and designees. Some of the Contract Documents or Closing Documents may refer to Us as
the purchaser.

You or Your The Person named on this Contract's first page. Some of the Contract Documents or
Closing Documents may refer to You as the seller.

You and We agree as follows:

l. SALE OF THE PURCHASED PAYMENTS

A. Upon the signing of this Contract and subject to certain conditions including Court Approval, You sell, transfer
and assign to Us the right to receive the Purchased Payments specifically identified in the Disclosure Statement.

B. We will pay You the Net Purchase Price as agreed to in the Contract Documents, subject to certain conditions,
including meeting Our underwriting requirements, Court Approval and satisfactory completion of the Closing
Documents. We will do this in exchange for You:

" selling the Purchased Payments to Us;

" changing the beneficiary of the Annuity to Your estate and not changinjr it again until We have
Policy
been paid all of the Purchased Payments;

" having any current beneficiaries waive their rights to the Purchased Payments; and

" fulfilling Your promises under this Contract.

C. If We are buying only a portion of Your payments, this will have no effect upon Your rights in the unsold portion.
You will continue to receive the unsold portion unless You have already sold or encumbered that portion.
However, sometimes the Issuer, the Obligor or the court may require Us to receive the entire amount of Your
payment. If so, We will then forward the portion of the payment still due to You and You hereby agree to this
payment servicing arrangement.

2. PURCHASE PRICE

A. The Gross and Net Purchase Prices are shown on the Disclosure Statement and are fair and acceptable to You and Us.

PURCHASB FoBMI
CONrRACF

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Account lD: 2114613

B. We will pay You the Net Purchase Price in the manner You designate for Us.

C. Before we pay You, You agree that We will adjust for the following amounts,lfapplicable:

" Purchased Payments Owed to Us- The Issuer may have already paid You some of the Purchased
Payments before We have paid You for them. If that happens, We will deduct the amount of those
Purchased Payments.

" Holdbacks - Due to possible delays in the Issuer to make the Purchased Payments to Us
beginning
instead of You, We will hold back an amount equal to any Purchased Payments that the Issuer owes Us
post Court Approval, that are due within 90 days of the Funding Date. If We subsequently receive those
particular Purchased Payments directly, We will return the amount of any related holdback to You.

" Payment of Debts Owed - If You owe any past due child support, bankruptcy payoffs or taxes, or have
any judgments or liens against You or Your assets, We may pay those amounts and.deduct them from the
amount We pay You, and You hereby provide Us with specific authority to take such action. We will
provide You with notice of the amounts that We are going to pay, prior to actual payment

D. If any Purchased Payments are mistakenly sent to You after We have paid You for them, You will immediate@y contact
Us. If We then determine that any deductions or holdbacks as set forth above are not enough to reimburse Us, We will
advise You of the amount You owe Us. You agree to immediately send that amount to Us by bank or certified check.

3. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant to Us the following:

A. You'understand that THIS IS A SALE AND NOT A LOAN.

B. The Annuity Policy is in full force, You are the sole and undisputed recipient ofthe right to the Purchased Payments,
have the right to sell them free and clear of any Encumbrances and have not previously sold any of thePurchased
Payments to any other Person.

C. You understand that Court Approval is required for this purchase; and You agree to fully cooperate with Us to
obtain that approval.

D. You gave Us all requested information and signed all documents necessary to complete the purchase.
Every statement made by You in the ContractDocuments and Closing Documents is true and complete.

E. No law, divorce decree or other legal obstacle:

" requires You to keep the Purchased Payments for the benefit of a current or former spouse, dependent children,
or other person; or

" legally prevents You from contracting with Us, selling the Purchased Payments or changing the Annuity
Policy's beneficiary.

P. Either:

" You have never filed for bankruptcy, will not do so before the Funding Date and there are no lawsuits or efforts
by any ofYour creditors to put You into bankruptcy or take any of the Purchased Payments; or

PURCHASH
CONrRACrFORM
I
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" If You filed for bankruptcy, the Purchased Payments were not subject to the claims of Your creditors. You will
give Us a copy of any of Your bankruptcy documents that We request including evidence of a f mal bankruptcy
payoff or case closing, if any.

G. We can rely on Your representations, warranties, and promises in this Contract. These representations, warranties, and
promises are for Our benefit and the benefit of any future owners of the Purchased Payments. You understand that Our
reliance on any intentional misrepresentation by You may result in Our enforcing Our rights against You in
court.

H. You had enough time to consider the sale of the Purchased Payntents, understand the terms of the Contract Documents
and Closing Documents, are of legal contracting age and sound mind, not under the influence of drugs or alcohol, and
freely and voluntarily, enter into this Contract and agree to all of its terms.

I. You were advised by Us to obtain independent legal advice and professional tax advice about the sale of the Purchased
Payments and to have those advisors review the terms and legal, tax and other effects of this Contract with You prior to
Your execution of this Contract. You have also explored all appropriate financial options before
entering into this transaction.

J. We did not provide tax, financial, or legal advice to You about this Contract and have advised You that We may not refer
You to any specific attorney for such pumose.

K. If You are married, Your spouse understands all of the tenns and conditions of this Contract including, but not limited to
the fact that, after the Funding Date, You (and Your spouse) will not receive the same amount of money on the same
payment schedule as You would have received under the Annuity Policy . Your spouse has been provided with
all information relating to the transaction and has had every opportunity to review the terms of the transaction and to
seek any advice relating thereto. Your Spouse also understands that he or she will be giving up any property or contract
rights that he or she may have in the Purchased Payments.

L. We may sell, transfer, or assign Our right to the Purchased Payments in a sale, securitization, or other financing
transaction (resale). Any resale would involve disclosing certain information about You (including Your personal
information) to the parties to a resale.

M. Any future owner of the right to the Purchased Payments will have all of the same rights We have, including the right to
the duties You owe Us under this Contract. This includes the right to make a claim against You for violating any of the
representations, warranties, or promises You made in this Contract.

4. YOUR PROMISES TO US

Before and after the Funding Date:

A. You will tell us right away if Your address or telephone number changes and do
everything necessary, including completing and signing all documenty.to:

" sell the right to the Purchased Payments to Us;

" change the beneficiary as required by this Contract; and

" correct any documentation errors in the Contract Documents or Closing Documents.

B. You will also tell Us if any of the following occurs:

" a violation of this Contact; or

.an,thn tha.oudne .1,affecttheAnnu oc ePu,chasedPa,me.ts o,thscont,act.

CoNrRACrFORMI
PURCHASs
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C. You will not:

" agree to sell the Purchased Payments to any Person other than Us;

" change the Annuity Policy's beneficiary to any Person other than Your estate until We have collected all of the
Purchased Payments; or

" withdraw cash from, borrow against, or change the Annuity Policy.

D. You will give Us information necessary to update Your representations, warranties, and promises in this Contract You
will also update any documents and information so they will be true and complete on the Funding Date.

E. We are now, and will continue in the future, to rely on the representations and warranties You have given Us. We will
confirm the accuracy of Your répresentations and warranties. You must cooperate with this confirmation and provide
complete access to any informs(tion We believe necessary.

F. You agree that updating representations, warranties, promises, documents and other information will not cure a breach
of any representation or warranty made by You that was not true and complete.

G. You agree that Our obligation to You under this Contract is strictly limited to the requirement to pay You what We owe
You under the terms of this Contract, after receipt and approval of the Closing Documents, final underwriting approval
and Court Approval. Under no circumstances will We be liable for any consequential damages.

H. You hereby appoint Us and any of Our designees, with full power of substitution as your Attorney in Fact, to act in
Your name and place for the purpose of assigning and transferring ownership of any and all right, title and interest that
You have in the Purchased Payments and for Us to obtain all benefits contemplated by this transaction. You also give
Us fhil authority to act in any way proper and necessary to exercise this Attorney in Pact appointment including, but not
limited to: (1) negotiating, endorsing and executing checks, drafts and other instruments jn Your name; and
(2) instituting, maintaining, compromising, settling and terminating any litigation or other proceedings related to the
Purchased Payments. This power of attorney is coupled with an interest and shall survive death or disability.

5. CANCELLATION BY US

We may cancel this Contract before the Funding Date if:

A. You breach any representation, warranty, or promise in any Contract Documents or Closing Documents.

B. The petition for the Court Order is contested, opposed, or not approved.

C. We are sued or threatened with a lawsuit about this Contract or the Annuity Policy.

D. There is any threatened, pending, or final action, or change in law or rule challenging the legality of, or negatively
affecting this transaction.

E. You file for, or are forced into bankruptcy.

F. You die.

G. Final approval has not been given by Our underwriting department.

H. The Purchase Contract is not signed by You and received back by Us by May 23, 2024.

I. A major rating agency downgrades the Issuer's credit rating.

J. The Issuer is, or becomes insolvent, or under regulatory supervision.

6. CANCELLATION BY YOU

PURCHAsE
CoNrRACrFORM1
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A. YOU MAY CANCEL THIS
CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION AT ANY
TIME WITHIN FIVE
(5) BUSINESS DAYS AFTER THE DATE YOU RECEIVE PAYMENT
HEREUNDER FROM US. IN ORDER FOR THE CANCELLATION TO BE EFFECIŠVE, YOU MUST
SEND A NOTICE POSTMARKED AT ANY TIME WITHIN FIVE BUSINESS DAYS AFTER YOU
RECEIVE PAY MENT HEREUNDER FROM US (This is the rescission period).

B. YOUR NOTICE IS TO BE SENT EITHER BY CERTIFIED OR REGISTERED MAIL (RETURN
RECEIPT REQUESTED) OR FEDEX OR ANOTHER MAJOR OVERNIGHT DELIVERY SERVICE. THE
NOTICE MUST INCLUDE A BANK OR CERTIFIED CHECK MADE PAYABLE TO US, IN THE FULL
AMOUNT RECEIVED BY YOU. YOUR NOTICE MUST BE SENT TO:

J.G. Wentworth Originations, LLC
Attention: Manager of Operations
3993 Howard Hughes Parkway, Suite 250
Las Vegas, NV 89169-6754

7. NOTICES

A. ,, All notices about this Contract must be in writing.

B. All notices must be sent either by: (1) certified or registered mail (return receipt requested); or (2) FedEx or another m jor
overnight delivery service with a delivery tracking system and are considered given when delivered as follows: If to You:
to the most recent address for You listed in Our files. If to Us: to the address listed in Section 6 (B) of this Contract.

8. EVENTS OF DEFAULT

You will be in default if You:.

A. fail to comply with any terms or conditions ofthis Contract; or

B. breach any of Your representations, warranties and promises in this Contract.

If You are in default, We have the right to sue You in court to make You perform Your promises or to get money fmm You.

9. MISCELLANEOUS

A. You give Us permission to conduct background checks on You, including obtaining information from the credit bureaus,
in order to.verify Your legal residence, contact information, and any other information We deem necessary for this
transaction. We can also search records for UCC filings, bankruptcy filings, judgments, liens and child support
obligations against You.

B. This Contract is the entire agreement between You and Us.

C. If there is more than one of Us or You, this Contract applies to all ofthose people together, and to each of them on their
own. "

D. Both Parties must agree in writing to any change to this Contract or waiver of its terms.

E. If a court undoes any part of this Contract, the rest of the Contract remains valid.
F. You cannot voluntarily or involuntarily self, assign, or transfer this Contract, or any of Your rights or duties under this
Contract. Any such action taken by You in violation of this section shall be void and of no effect.

G. Except as otherwise required by applicable law, the law of the state of Your domicile (where You regularly reside on the
Contract'Date) will govem this Contract. The Parties must litigate any dispute arising under this Contract in the courts of
the state of Your domicile and the Parties agree to the jurisdiction of that state's courts.

H. This Contract also holds responsible Your heirs, and executors. Šhis Contract benefits only You and Us, and no one else.
However, if properly assigned by Us, this Contract will bind and benefit Our successors and assigns.

PURcHASE
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I. Failure to enforce any provision of this Contract is not a waiver of that provision.

J. The Parties may sign this Contract in one or more counterparts. Each counterpart will be considered an original. All
counterparts will form one Contract A facsimile, pdf or other electronic copy of the signed Contract or any counterpart
will be considered an original and treated as such in any court proceeding.

K. We have investigated the proposed transfer of the Purchased Payments and, in light of information available to Us, have
identified no violation of any applicable state or federal law.

L. You will not receive an IRS Form 1099 fmm Us.

M. Titles and headings in this Contract are for convenience only. Do not use them to interpret this Contract.

N. Except as otherwise set forth in this Contract, You and We will pay our respective costs and expenses in carrying out this
Contract

O. You give Us permission to request from our Affiliates information and documentation You have previously provided to
them which we deem necessary for this transaction, including, bankruptcy filings, judgments, settling documents,
annuity documents, liens, child support obligations, divorce documents.

[REMAINDER OF PAGE INTBITIONAllY 1.EFT BLANK]

PURCHASE
CONrRACT
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FILED: NASSAU COUNTY CLERK 04/11/2024 01:57 PM INDEX NO. 606341/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/11/2024

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Case Info

Judge

Denise Sher Track Judge’s New Case

Case No.

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Document Filed Date

April 11, 2024

Case Filing Date

April 11, 2024

County

Parties

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Exhibit,Appendix: J.G. Wentworth Originations, Llc v. Pacific Life And Annuity Company, Pacific Life And Annuity Services, Inc., R. M.

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