On April 07, 2022 a
Motion-Secondary
was filed
involving a dispute between
J.G. Wentworth Originations, Llc,
and
Jamilla Peay,
Prudential Assigned Settlement Services Corp.,
Prudential Insurance Company Of America,
for Special Proceedings - Other (SSPA)
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 04/07/2022 09:56 AM INDEX NO. 804276/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/07/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
In the Matter of the Petition of
J.G. Wentworth Originations, LLC,
AFFIDAVIT IN SUPPORT
Petitioner, OF PETITION
and Index No.
PRUDENTIAL ASSIGNED SETTLEMENT SERVICES CORP.,
PRUDENTIAL INSURANCE COMPANY OF AMERICA,
AND JAMILLA PEAY
as Interested Persons pursuant to GOL § 5-1701(f).
STATE OF NEW YORK )
) SS.:
COUNTY OF ERIE )
Jamilla Peay, under penalties of perjury, being duly sworn, deposes and
says:
1. I am a resident of County of Erie, State of New York.
2. I submit this affidavit in support of this petition, seeking approval of the
transfer of certain structured settlement payments due to me under a structured
settlement agreement.
3. I am the beneficiary of an annuity as the result of a structured
settlement.
4. My claim against the Defendants was resolved through a
settlement agreement, which provided for a series of cash payments that would be
paid to me, over time, under a structured settlement. Itis my understanding that,
Prudential Assigned Settlement Services Corp., purchased an annuity from
1 of 4
FILED: ERIE COUNTY CLERK 04/07/2022 09:56 AM INDEX NO. 804276/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/07/2022
Prudential Insurance Company of America who is responsible to make the annuity
payments to me.
5. The beneficiary of my structured settlement payment rights is my
estate.
6. I seek to sell, assign and transfer to Petitioner J.G. Wentworth
Originations, LLC certain payments remaining under the structured settlement
agreement, in exchange for a lump sum payment, pursuant to the terms of a
transfer agreement I made with Petitioner J.G. Wentworth Originations, LLC.
7. Prior to the receiving the Purchase Agreement, Petitioner J.G.
Wentworth Originations, LLC provided me with a disclosure statement, which I
read and understood as evidenced by my signature at the end thereof. See copy
"A."
of disclosure statement annexed hereto as Exhibit
8. Further, I have been advised by Petitioner to seek independent
professional advice regarding the transfer. See Exhibit "B".
9. Itis a condition of the transfer agreement that the transfer be
approved by court order.
10. I am 27 years old, single, and have 2 minor dependents. I am
currently employed at Kaleida Health and make an annual income of
approximately $20,000.
2 of 4
FILED: ERIE COUNTY CLERK 04/07/2022 09:56 AM INDEX NO. 804276/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/07/2022
11. I plan to use the cash received from the Petitioner J.G. Wentworth
Originations, LLC. as follows:
" car note is $1,900 a month and needs to be paid off in the next 6
My
months. I currently owe $9,600 on it.
" The $9,900 will be used towards a home purchase. I was
remaining
out of work last year and just got back. I had a very high-risk
pregnancy so stayed with my mom for help. I am not trying to move
into my own home with my two kids.
12. I have received the New York Disclosure Statement at least 10 days
prior to executing the transfer agreement.
3 of 4
FILED: ERIE COUNTY CLERK 04/07/2022 09:56 AM INDEX NO. 804276/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/07/2022
13. For the reasons stated herein, I ask that the Court approve the
transfer, as itis in my best interest.
WHEREFORE, I respectfully request that this Court enter an Order
approving the transfer.
Ja iillaPeay
Sworn to before me this
_fa_ day of hyf ( 20 .
Wotary Public
Sabrina Cannon
Notary Public.Stateof New
Reg. No. York
01CA6426163
Qualifiedin Erie
Commission County
Expires
December 6, 2025
4 of 4
Document Filed Date
April 07, 2022
Case Filing Date
April 07, 2022
Category
Special Proceedings - Other (SSPA)
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FILED: ERIE COUNTY CLERK 04/07/2022 09:56 AM INDEX NO. 804276/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/07/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE In the Matter of the Petition of J.G. Wentworth Originations, LLC, AFFIDAVIT IN SUPPORT Petitioner, OF PETITION and Index No. PRUDENTIAL ASSIGNED SETTLEMENT SERVICES CORP., PRUDENTIAL INSURANCE COMPANY OF AMERICA, AND JAMILLA PEAY as Interested Persons pursuant to GOL § 5-1701(f). STATE OF NEW YORK ) ) SS.: COUNTY OF ERIE ) Jamilla Peay, under penalties of perjury, being duly sworn, deposes and says: 1. I am a resident of County of Erie, State of New York. 2. I submit this affidavit in support of this petition, seeking approval of the transfer of certain structured settlement payments due to me under a structured settlement agreement. 3. I am the beneficiary of an annuity as the result of a structured settlement. 4. My claim against the Defendants was resolved through a settlement agreement, which provided for a series of cash payments that would be paid to me, over time, under a structured settlement. Itis my understanding that, Prudential Assigned Settlement Services Corp., purchased an annuity from 1 of 4 FILED: ERIE COUNTY CLERK 04/07/2022 09:56 AM INDEX NO. 804276/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/07/2022 Prudential Insurance Company of America who is responsible to make the annuity payments to me. 5. The beneficiary of my structured settlement payment rights is my estate. 6. I seek to sell, assign and transfer to Petitioner J.G. Wentworth Originations, LLC certain payments remaining under the structured settlement agreement, in exchange for a lump sum payment, pursuant to the terms of a transfer agreement I made with Petitioner J.G. Wentworth Originations, LLC. 7. Prior to the receiving the Purchase Agreement, Petitioner J.G. Wentworth Originations, LLC provided me with a disclosure statement, which I read and understood as evidenced by my signature at the end thereof. See copy "A." of disclosure statement annexed hereto as Exhibit 8. Further, I have been advised by Petitioner to seek independent professional advice regarding the transfer. See Exhibit "B". 9. Itis a condition of the transfer agreement that the transfer be approved by court order. 10. I am 27 years old, single, and have 2 minor dependents. I am currently employed at Kaleida Health and make an annual income of approximately $20,000. 2 of 4 FILED: ERIE COUNTY CLERK 04/07/2022 09:56 AM INDEX NO. 804276/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/07/2022 11. I plan to use the cash received from the Petitioner J.G. Wentworth Originations, LLC. as follows: " car note is $1,900 a month and needs to be paid off in the next 6 My months. I currently owe $9,600 on it. " The $9,900 will be used towards a home purchase. I was remaining out of work last year and just got back. I had a very high-risk pregnancy so stayed with my mom for help. I am not trying to move into my own home with my two kids. 12. I have received the New York Disclosure Statement at least 10 days prior to executing the transfer agreement. 3 of 4 FILED: ERIE COUNTY CLERK 04/07/2022 09:56 AM INDEX NO. 804276/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/07/2022 13. For the reasons stated herein, I ask that the Court approve the transfer, as itis in my best interest. WHEREFORE, I respectfully request that this Court enter an Order approving the transfer. Ja iillaPeay Sworn to before me this _fa_ day of hyf ( 20 . Wotary Public Sabrina Cannon Notary Public.Stateof New Reg. No. York 01CA6426163 Qualifiedin Erie Commission County Expires December 6, 2025 4 of 4