In Re Jacobs

936 A.2d 1156, 2007 Pa. Super. 341, 2007 Pa. Super. LEXIS 3872
CourtSuperior Court of Pennsylvania
DecidedNovember 19, 2007
StatusPublished
Cited by33 cases

This text of 936 A.2d 1156 (In Re Jacobs) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Jacobs, 936 A.2d 1156, 2007 Pa. Super. 341, 2007 Pa. Super. LEXIS 3872 (Pa. Ct. App. 2007).

Opinions

OPINION BY

JOHNSON, J.

¶ 1 We are asked to determine whether a trial judge has abused his discretion or committed an error of law where that judge denies without prejudice a petition to transfer structured settlement payment [1158]*1158rights filed pursuant to the Structured Settlement Protection Act (“SSPA” or “the Act”). See 40 P.S. §§ 4001-09. We find that the Act requires a court to determine, on an independent basis, that any transfer made pursuant to the Act serves the best interest of the petitioner. In the case before us, the judge has provided guidelines detailing the contents of any proposed petition. We find that those guidelines are intended to ensure that a petition contains the information necessary to support a finding that the transfer will be in the petitioner’s best interests. We are unable to conclude that requiring a petitioner to adhere to those guidelines, as a preliminary step to receiving a hearing on the petition, constitutes an abuse of discretion or error of law. Accordingly, we affirm the order which denied the petition, without benefit of a hearing, where that order set forth the matters that needed to be addressed in any amended petition the petitioner may seek to file.

¶2 Michelle Jacobs (nee Junecko) appeals from the trial court’s order denying her Petition to Transfer Structured Settlement Payment Rights without holding an evidentiary hearing. Jacobs contends that section 4004 of the SSPA requires the court to convene an evidentiary hearing and that the trial court erred as a matter of law in denying her petition. See 40 P.S. §§ 4004. Jacobs further asserts that the SSPA confers upon her certain property rights in her structured settlement payments and that she was deprived of these rights in violation of procedural and substantive due process. Upon review, we conclude that the plain language of section 4004 of SSPA does not require the trial court to schedule and hold a hearing before denying a petitioner’s SSPA petition. We also conclude that Jacobs has not demonstrated the deprivation of a constitutionally protected property interest, and thus, the protections of the due process clause are not implicated in this case.

¶ 3 This matter arises out of Jacobs’s second attempt to sell and transfer her right to receive future structured settlement payments to a third party by filing the required petition under the SSPA and the trial court’s subsequent denial of that petition without holding an evidentiary hearing.

¶ 4 On May 27, 1985, when Jacobs was nineteen years old, she was injured in an automobile accident. In June 1987, Jacobs settled her claim with the alleged tortfeasor’s insurance company and entered into a Release and Structured Settlement Agreement (“the Agreement”). The insurance company assigned its obligation to make payments to AEGON Structured Settlements, Inc. (the settlement obligor), which purchased an annuity from Monumental Life Insurance Company (the annuity issuer) to fund the settlement payments. Pursuant to the Agreement, Jacobs was to receive both monthly payments and lump sum payments every five years. The monthly payments were based on an increasing scale: $1,900 per month for the period of July 1987 to June 1992; $2,150 per month for the period of July 1992 to June 1997; $2,400 per month for the period of July 1997 to June 2002; $2,650 per month for the period of July 2002 to June 2007; $2,900 per month for the period of July 2007 until Jacobs’s death. Additionally, the lump sum payments were scheduled to be made as follows: $10,000 in June 1992; $20,000 in June 1997; $40,000 in June 2002; $80,000 in June 2007; $120,000 in June 2012; $150,000 in June 2017. Sometime before 2000 and the enactment of the SSPA, Jacobs (the payee) entered into a purchase agreement with a different structured settlement purchase company, Stone Street Capital (the transferee), and transferred [1159]*1159her rights to receive the June 1, 2007 lump sum payment of $80,000, as well as her monthly payments through March 2008. The record does not disclose what lump sum amount of money Jacobs received in return from Stone Street Capital or how she spent or invested the money.

¶ 5 On February 11, 2000, the General Assembly enacted and the Governor signed into law the SSPA. Under the SSPA, a payee must first seek court approval before transferring a structured settlement payment to a third-party transferee, by filing a petition requesting the transfer in the court of common pleas of the judicial district in which the payee is domiciled. See 40 P.S. §§ 4003-04. In order to effectuate a structured settlement payment transfer, the SSPA requires that a trial court enter an order granting the petition, expressly finding, inter alia, “that the transfer is in the best interests of the payee or his dependents.” See 40 P.S. § 4003(a)(3). Without a final court order or decree granting the petition, “[n]o transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment to any transferee_”40 P.S. § 4003(a).

¶ 6 On April 20, 2006, Jacobs filed a Petition to Transfer Structured Settlement Payment Rights (Petition) in the Court of Common Pleas of Allegheny County. The Petition sought court approval to transfer her future rights of payment to Structured Asset Funding, LLC (“SAF”). Under the proposed purchase agreement, Jacobs would assign 180 monthly payments in the amount of $1,450 per month from March 1, 2008 to February 1, 2023, $75,000 of the $120,000 lump sum payment due on June 1, 2012, and $100,000 of the $150,000 lump sum payment due on June 1, 2017 (an aggregate amount of $436,000). In exchange, SAF would pay Jacobs $143,000. The Petition averred that the parties had complied with all of the requirements of section 4003 of the SSPA. The Petition also averred that the transfer would be in the best interest of Jacobs and her family, because her husband was recently injured at work, debts were accumulating, the family home was in need of various repairs, and her scheduled monthly payments through March 2008 were already transferred to Stone Street Capital. The Petition, however, did not describe the details and circumstances surrounding Jacobs’s previous transfer to Stone Street Capital, nor did it mention the manner in which Jacobs spent the money she received.

¶ 7 On April 21, 2006, Jacobs’s counsel presented the Petition in Motions Court to the Honorable R. Stanton Wettick, Civil Division Administrative Judge, and requested that a hearing be scheduled pursuant to section 4004 of the SSPA. On April 26, 2006, Judge Wettick declined to set a hearing date and denied Jacobs’s petition without holding an evidentiary hearing because the facts averred in the petition, if established, precluded him from making a finding that the transfer would be in Jacobs’s best interest. In reaching his conclusion, Judge Wettick found that after reviewing the Petition, “there [was] no explanation as to the circumstances of the prior transfer [to Stone Street Capital] or any showing that the funds from the prior transfer were prudently used-petitioner’s best interests are served by preserving an income stream.” Trial Court Order, 4/26/06, at 1 (unnumbered). On May 9, 2006, Jacobs filed a notice of appeal. Following the trial court’s order, she then filed a Rule 1925(b) Statement of Matters Complained of on Appeal. Judge Wettick, in turn, filed his Rule 1925(a) Opinion on July 20, 2006.

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Cite This Page — Counsel Stack

Bluebook (online)
936 A.2d 1156, 2007 Pa. Super. 341, 2007 Pa. Super. LEXIS 3872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jacobs-pasuperct-2007.