INRE 

BRADLEY TURPIN 

Cause No. CV-0037918 

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IN THE COUNTY COURT 

AT LAW NO. 2 

GALVESTON COUNTY, TEXAS 

NOTICE OF APPEAL OF INTERESTED PARTIES METROPOLITAN INSURANCE 

AND ANNUITY COMPANY AND METRO POLIT AN LIFE INSURANCE COMP ANY 

Interested Parties Metropolitan Life Insurance Company and Metropolitan Tower Life 

Insurance Company give notice of their intent to appeal the trial court's Final Order Approving 

Transfer of Structured Settlement Payment Rights (the "Final Order") rendered on June 10, 

2015, in Cause No. CV-003 79 18, styled In Re Bradley Turpin, in the County Court at Law No. 

2, Galveston County, Texas, to the First or Fourteenth Court of Appeals, Houston, Texas. A true 

and correct copy of the Final Order is attached and incorporated herein by reference. 

Respectfully submitted, 

By: ill it: Patri k B. l arkin 

State Bar No. 24013004 

The Larkin Law Firm, P.C. 

11200 Broadway, Suite 2705 

Pearland, Texas 77584 

(281) 412-7500 Telephone 

(28 1) 412-7502 Fax 

Email: plarkin@larkin-law.com 

Attorneys for Metropolitan Life Insurance 

Company and Metropolitan Tower Life 

Insurance Company 

Filed

7/9/2015 11:04:58 AM

Dwight D. Sullivan

County Clerk

Galveston County, Texas

ACCEPTED

14-15-00584-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

7/14/2015 9:14:11 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 7/14/2015 9:14:11 AM CHRISTOPHER A. PRINE Clerk
CERTIFICATE OF SERVICE 

I certify that on Ju { V i , 2015 a true and correct copy of the foregoing instrument 

was served electronically/ by hand delivery, facsimile, certified mail/return receipt requested, 

and/or first class mail to all parties of record and interested parties. I ~ - 1' /l. 'fL Pafu B. Larkin 
CAUSE NO. CV-0073918 

IN THE COUNTY COURT 

INRE: 

AT LAW NO. 2 

BRADLEY TURPIN 

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§ GALVESTON COL.'NTY, TEXAS 

FINAL OBDER APPROVING TRANSFER OF 

STRUCTURED SETTLEMENT PAYMENT RIGHTS 

On the 13 •h day of May, 20 IS, I his case came on for final hearing and lriaJ and 

consideration by 1he Court of lhe Application for Approval of Sale of Partial Payment Rights 

(lhe "Application") tiled by Suucturcd Asset Funding, LLC d/b/a 123 LumpSum, as lhc 

transferee (MSAF" or "Transferee"), and Bradley Turpin as the payee ("Payee" or "Mr. Twpin'') 

pursuant co Chapter 141 of the Texas Civil Practice & Remedies Code (the "Texas Transfer 

Suitute"). The Court, after due consideration of the Application, the Objection and Response lo 

the proposed transfer filed by Metropolitan Tower Life lnsurance Co1npany and !\ilelropolitan 

Life Insurance Company (the "MetLife Opposition'"), and the other pleadings and documents on 

file with the Court end the evidence and testimony presented at the hearing, hereby makes the 

following findings: 

1. This Court has subject matter jurisdiction over Ibis proceeding and personal 

jurisdiction over the panics. Venue of this matter is proper in Galveston County, Texas and this 

Court because Mr. Twpin resides in Galveston County, Texas. All persons/entities entitled to 

be served and/or provided notice of these proceedings have been served and/or pro vided such 

notice or have appeared in this proceeding directly and/or through counsel. 

FILED 

2. Mr. Turpin is currently entitled to receive structured settlement payments from 

15JUN 10 AHI0:33 

Metropolitan Tower Life Insurance Company ("MetLife Tower''). MetLife Tower funded its 

obligation to make those structured Seltlcment payments to Mr. Turpin w41't s'5-..i.rd-ii :._ CO"l'"Y C' ~ 

f!NAL ORDER APPROVING Tl\ANSF'ER Of' GALV( $ •• ; '. ·~;; ' r , .. ' 

STRUCTURED SEITLEMENI PAYMENT RIGHTS-Pact I or 8 

COUNTY OF GALVESTON 

The above is a full. true. and correct photographic copy of the original record now in my lawful custody and possession, as the 

same is recorded in the Official Public Records of Count~ Coun at Law No 2 in my o ffice. 

I hereb) ceni fy on June I 0, 2015 
an annuity (Group Annuity contract no. 8298, certificate no. 82886) b)· Metropolitan Life 

Insurance Company ('Metropolitan Life"). 

3. Mr. Turpin is married and has two minor children and therefore has three (3) 

dependents, as that term is defined in the Texas Transfer Statute. 

4. Mr. Turpin agreed in a Purchase and Assigrunent Agreement Contract dated on 

or about March 10, 2015 (the "Transfer Agreement," a copy of which was filed with the Court 

as an exhibit to the Application) to transfer and assign to SAF 174 panial monthly payments io 

the amount of One Thousand Eight Hundred Fifty and No/100 Dollars ($1,850.00) each 

commencing April 15, 2015 and continuing through and including September 15, 2029. (These 

monthly payments which were to be transferred and assigned by Mr. Turpin from April of2015 

through September of 2029 shall hereafter be referred to as the "Turpin Assigned Payments." 1 

5. The total monthly structured settlement/annuity payments coming due and 0'4ing 

from and after the date of this Final Order through September of2029 [the "Tenn"), which have 

not been previously transferred and assigned ro third parties pursuant to a court-approved 

transfer/assignment of such payments (the "Previously Assigned Payments")2

, shall be referred 

1 A ponion of the April, M.ay and June 201 S monthly structured settlement/annuity payments 1ha1 have not been 

previously transfened and iwigned were inili&lly contempla1ed by Turpin and SAF to be included in the 

1r1n11crion dt11 is the subject of this final Order. However. tho.se payments have already come due and owing and 

been paid and received by Me1Life to Turpin (or will be whhin !he next few days alter this order is being submitted 

to the court) and will therefore not be included In !he Turpin Assigned Payments. MetLife hos fully complied with 

iu obligation relative to 1hc April, May, and June 20 IS payments remitted to Mr. Turpin prior to the date of this 

final Order. The TUl}lin Assigned Payments will 1herefore begin with the July 201 S payment for purposes ofrhis 

Final Ordct. 

1 Mt. Turpin completed• prior tnnsaction involving a ponion of his monthly strucrurcd settlement paymenu due 

and owing by MccLife during the Term with Bentzen f inancial, LLC and i1s desi&llated 1ssig11ee, SuaonParli: 

Structured Settlernenis. LLC, in 2012, which ITtnuction was approved in a Final Order Approving Transfer of 

Struaurtd Senlemcnt Payment Righ!s (!he "2012 Order") by the Oalveston County Coun at Law 'No. 3, in Cau:ie 

No. CV-68114. In thiu 2012 transaction and 2012 Order, Mr. Turpin lrlnsferTed and &>signed to 

BentunlSunonParl< partial moothly paymenu in the amount ofS 2,SOO frvm Novcmba' 2012 through September 

2029. Mr. Turpin also tomple1ed a prior rransaction involving a ponion of his monthly structured settlement 

payments due and owing during the Term with Srruaured Auet funding, LLC and Its designated assignee, 

Madison Avery Scttlcmcn! Fund, LLC in 2013, whicli transaction \\AS approved in a f inal Order Approving 

Assisnmcnt ofS!naclured Settlement Payments (the '"2013 Order") by the Galveston County Court II Law 'No I, in 

FlrfAL ORDER APPRQy!NG TRANSFER Of 

STRUCIUR[D SEULEMENI PAYMENT R!GHTS--Pact 2 of 8 

COUNTY OF GALVESTON 

I he a~o'e is a ful_I. true, and _correct ~hotographic cop) of the original record now in m) lawful custod) and possession. as the 

same 1s recorded in the Offictal Publrc Records of County Court at I aw No 2 in my office. 

I hereby certify on June I 0, 2015 
to as the "Tenn Payments 1 A portion of each monthly Tean Payment coming due and owing 

!Tom and aft.er the date of this Final Order through September of 2029 that are not being 

transferred and assigned by Mr. Turpin (the "Turpin Assigned Payments"), and which have not 

been previously transferred and assigned by Mr. Turpin, under the Prior Court Orders (the 

Previously Assigned Payments} and which shall be retained by Mr. Turpin, shall hereafter be: 

referred to as the "Remaining Turpin Monthly Payments". 

6. SAF has assigned all of its right, title, and interest in and to the Transfer 

Agreement and the Turpin Assigned Payments lo an affiliate, Andrew Jonalhan Settlement 

Fund, LLC ("Andrew Jonathan"). The proposed transfer of the Turpin Assigned Payments by 

Mr. Turpin to SAF and, ultimately, to Andrew Jonathan, as reflected in the Transfer Agreement 

and described in the Application, satisfies and complies with all statutory requirements of 

Chapter 141 of the Texas Civil Practice and Remedies Code (the "Texas Transfer Statute''), and 

docs not contravene any applicable statute or an order of any court or other governmental 

authority. The transfer also satisfies the Internal Revenue Code Section 5891 and does not 

contravene any Federal or SIAte statute or the order of any court or responsible administrative 

authority. 

C1usc No. CV ·69309. In that 2013 111ns1C1ion and 2013 Otdc.r, Mr. Turpin aansfmed and &.\signed to 

SAF/Madison Avery patti1I monthly payments in the amount oCS 1,000 each from May 2013 drou&h April of 

2021. The payments previously transferred 111d assigned by Mr. Turpin in the 2012 Order ind 2013 Order shall 

hereafter be referred to as lhe Previously Assigned Payments. The Court finds that MetLife is making the 

Previously Assigned P1ymenl5 dircc:tly to SunonPark md M1dison Avery pursuant to the 20 I 2 Order and 20 l 3 

Order 1111d wrn con1inue to do so dler this order is signtd. 

1 As~ r<suh of the 2012 Final Ordtr and rhc 20 t 3 final Order (the "Prior C<llm Orders"), llld in tigh1 of this Final 

Order, Mr. Turpin ls currently receiving S 730.00 per month from lhc sll'Ucrured scnlemenllannuicy payments due 

and owing by MetLife and will cont in~ to receive mat amoun1 lhrough April of2021, when the transoclion 

approved in !he 2013 Final Order concludes, at which time, Mr. Turpin will be receiving SS,J07 perrnonth until 

September of2029, when the lrall.l•clion 1pprovcd in the 2012 final Order is concluded. The monthly payments 

due and owin1 by MetLife between the dale of this final Order and September of2029 (the Tenn), which bave no1, 

prior to the due of this Final Order, been rr.nsfcrred and assigned to any !bird party and were beina paid and 

mnitted monthly to Mr. Turpin by MetLife, shall be referred to in this f inal Order as the •Trnn P1yrnents." The 

Tenn Payments, which include !he paymcnu to be tr&Mfcrred and a.maned pursuant to tins Fm1J Order, .,. the 

p1yrncnts which wil I be the subject of the Servicing Arrangement as hereafter dc$Cribed 

FINAL ORDER APPROYING TRANSFER OF 

SIRUCIURl:P SEULEMENT PAYME!'!T B!CHTS--r•c• 3 or 8 

COUNTY OF GALVESTON 

The above is a full. true, and correct photographic copy of the original n:cord no\' in m~ la,dul custody and ossession ~ 1hc: 

same is recorded in the Official Public Records of Count) Court at La\\ No. 2 in m) office. 

I hcrcbycertif}'on June 10, 2015 

ut~ 
7. ~transfer of the Turpin Assigned Payments to SAF, and ultimately, to Andrew 

Jonathan, is in che best interest of Payee, taking into account the welfare and support of Payee's 

dependents, if any. 

8. Payee has been advised in writing by Andrew Jonathan to seek independent 

professional advice regarding the transfer, and has either received the advice or knowingly 

waived the opporrunity 10 seek and receive said advice in writing. 

9. Disclosures to the Payee were made, and notices of the hearing and che tiling of 

the Application were provided to all i.ntercsted parties, including Metropolitan Life and MetLife 

Tower (collectively, sometimes referred to herein as "MetLife") in accordance with the Texas 

Transfer Stall.lie. Payee has been advised that his death prior to the due date of the last Turpin 

Assigned Payment shall not affect the transfer of the Turpin Assigned Payments from Payee lo 

SAF and Payee understands he is giving up his rights, and the righu of his heirs, successors 

and/or beneficiaries, 10 the Turpin Assigned Payment, and Payee has requested that this transfer 

be approved. 

I 0. The Court has considered the objection/opposition tiled by MetLife Tower and 

Metropolitan Life and herby overrules and denies said objectionlopposition. 

11. The Court further finds that MetLife Tower and Metropolitan Life are not being 

and will not be required or directed to divide any structured settlement/annuity payments 

amongst Mr. Turpin and Andrew Jonathan or any other party. 

12. This Final Order constitutes a "Qualified Order" under 26 U.S.C. § 5891, ti seq. 

13. The Court finds that SAF and Mr. Turpin have agreed to an increase in the 

purchase price to be paid to Mr. Turpin in connection with the proposed transfer to One 

Hundred Ninety Thousand and 00/100 Dollars (Sl90,000.00). 

FINAL ORDER APPRQYING TRANSFER OF 

STRUCOJRED SEITLEMENT PAYMENT RIGHTS-Part ~ of 8 

COUNTY OF GALVESTON 

The above is a full. true. and correct photographic cop~ of 1he original record now in my la\1 ful custody and posse:.sion. as the 

same is recorded in the Official Public Records of County Court at La\1 o. 2 in my office. 

I hereby cenif} on June I 0. 2015 ULLIVAN,C 1tyC erl-. ty, Texas 

' _ _ Ul) 
Based on the foregoing findings and the evidence submitted to the Coun and being 

satisfied that the proposed transfer satisfies all applicable statutory requirements, IT IS 

ORDERED, ADJUDGED, AND DECREED that the Application is GRANTED and the 

transfer and assignment of al! of Payee's right, title, and interest in and to the Tw-pin Assigned 

Payments by lhe Payee to SAF, and ultimately to Andrew Jonathan, is APPROVED. 

IT IS FURTHER ORDERED that the MetLife Opposition is hereby denied and 

ovenuled. 

IT IS FURTHER ORDERED that in furtherance of the Court's order granting the 

Application and approving the proposed transfer described herein, Metropolitan Life Insurance 

Company and MetLife Tower and AMUity Company, arc hereby authorized and directed to pay 

and remit to Andrew Jonathan, and as Mr. Turpin's designated and authorized payment agent for 

purposes of receiving the Tenn Payments, 100% of the Term Payments (the monthly structured 

settlement/annuity payments that come due and owing by Metropolitan Life and/or MetLife 

Tower from June of 2015 through September of 2029 which have not been previously transferred 

and assigned to a third party in a prior, court-approved transfer {the Previously Assigned 

Payments], when and as said Term Payments come due. (Specifically, MetLife will continue to 

pay and remit the Previously Assigned Payments to the designated transferees and assignees as 

reflected in the Prior Court Orders and will send only the Tenn Payments to Andrew Jonathan). 

Upon receipt of each monthly Term Payment, Andrew Jonathan shall retain the ponion of each 

Tenn Payment that constitutes a Turpin Assigned Payment ($1 ,850 out of the total monthly 

Tenn Payment of $7,307 per month through April of 2028 and out of the total monthly Tenn 

Payment of S 8,307 per month from May of 2028 through September of 2029), and is ordered to 

pay and remit to Mr. Turpin the portion of said Term Paymcncs that constitute the Remaining 

Turpin Monthly Payments ($ 5,457.00 per month from June of 2015 through April of 2028 and 

FINAL ORDER APPROY!NG TRANSFER Of 

SIRUCTlJRED SEULEM ENT PAYMENT BlCHIS- P•gt s or 8 

COUNTY OF GALVt:STON 

The ahovc is a full, true, and correct photographic copy of the original record now in Ill) hm ful custody and possession as the 

same is recorded in the Official Public Records of Count) Coun at La\\ No. 2 in my office. ' 

I hereb} cenify on June 10. 2015 

put~ 
$6,457.00 per month from May of2028 through September of2029). This arrangement shall be 

referred to as the "Servicing A.rranJ!cment." 

IT IS FURTHER ORDERED that the Tenn Payments shall be sent directly to Andrew 

Jonathan by Metropolitan Life pursuant to this order and lhe Servicing Arrangement described 

herein, at the following address or to such other address designated by Andrew Jonathan: 

Andrew Jonathan Settlement Fund, LLC 

P.O. Box 200699 

Pittsburgh, PA 15251-0699 

IT IS FURTHER ORDERED that Metropolitan Life and MetLife Tower shall 

absolutely, irrevocably, and forever discharge and satisfy their legal and contractual obligation 

to ma.kc the Tenn Payments (including the Turpin Assigned Payments and the Remaining 

Turpin Monthly Payments) by paying and remitting said Tenn Payments to Andrew Jonathan, 

pursuant to this court order and the Servicing Ammgement and by doing so, Metropolitan Life 

and MetLife Tower are forever released from, and shall have not have, any current or future 

liability or obligation to Mr. Turpin for the Term Payments. By signing and approving this 

order, Mr. Turpin acknowledges, understands, and agrees that he will receive the Remaining 

Turpin Monthly Payments through Andrew Jonathan (as the servicer under this Final Order and 

as his designated payment agent solely for purposes of receiving and distribu1ing the Term 

PaymentS to Mr. Turpin pursuant to the Servicing Arrangement and this Final Order) and that 

Metropolitan Life and MetLife Tower shall not be obligated to make any portion of the Term 

Payments directly to Mr. Turpin; that Mr. Turpin shall look solely and exclusively to Andrew 

Jonathan for the Remaining Turpin Monthly Payments; and that Metropolitan Life and MetLife 

Tower shall not, following the signing of this Final Order by the Court, have any obligation or 

liability (contractual or legal) to Mr. Turpin relative to the Tenn Payments, including the 

Remaining Turpin Monthly Payments. 

FINAL ORDER APPROYING TRANSFER OF 

STRUCTURED SEffiEMENI PAYMENT RIGHJS-Pace 6 or 8 

COUNTY OF GALVESTON 

The above is a full , true, and correct pho tographic copy of the original record now in my lawful custody and possession, as the 

same is recorded in the Official Public Records of County Court at Law No. 2 in my office. 

I hereby certify on June I 0, 2015 
IT IS FURTHER ORDERED that the Remaining Turpin Monthly Pa}ments shall 

remain the property of Mr. Turpin, even though said payments are lo be paid and remitted to 

Andrew Jonathan pursuant lo the Servicing Arrangement and this Final Order. 

IT IS FURTHER ORDERED that Metropolitan Life and MetLife Tower arc not being 

forced or required or ordered 10 split or divide any structured settlement/annuity payments 

amongst Mr. Turpin and Andrew Jonathan and shall not be required 10 do so in the future. 

IT IS FURTHER ORDERED that Metropolitan Life and MetLife Tower shall 

irrevocably change the beneficiary for the Turpin Assigned Payments to Andrew Jonathan, and 

no other individual or entity other than the Transferee shall have the authority to change the 

beneficiary for the Turpin Assigned Payments. 

TT IS FURTHER ORDERED thar pursuant lo the Texas Transfer Statute, by making and 

delivering the Term Payments to Andrew Jonathan as set forth in the preceding paragraphs, 

proceeding. All other relief not expressly granted in this order is DENIED. 

SIGNED this_/- day of June, 2015. 

JUDGE PRESIDING 

v{~ 

FILED 

15 JUN I 0 AM IQ: 3 3 

FINAL ORQER APPROVING TRANSFER Of' 

STBUCTIJBtD S£UL£M£r<T PAYMENT R!GHTS-P•c• 7 ors 

COUNTY OF GALVESTON 

The above is a full, tm e. and correct photographic cop~ of the o riginal record now in my la\\ fu l custody and possession. as the 

same is recorded in the Official Public Records of County Court at I aw No. 2 in m)' o fiice. 

I hereby certify on June 10. 20 15 
Agreed to and Approved 

M to Form and Substance: 

fJ?W. ORDtB APfBOYJNG JRANSFEB OF 

NESBITT, VASSAR&: MCCOWN, LLP 

15851 Dallas Parkway, Suite 800 

Addison, TX 75001 

PH. (972) 371-2411 

Telecopicr-(97 71 

By: ~~~=-~~~.:.l.--­ Earl S. Nes . 

State BarN . 14916900 

David S. Vassar 

State Bar No. 20503175 

J. Brian Dear 

State Bar No. 240321 17 

A ITORNEYS FOR STRUcruRED ASSET 

FUNDING, LLC dlb/a 123 LUMPSUM AND 

ANDREW JONA TiiAN SE1TLEMENT FUND, LLC 

FILED 

15 JUN I 0 AH 10: 3 2 

SIBJJOl!BW SEJTLEMJ:NT PAYMENT RIGDlS--PaKC a ors 

I..\ ... ) .,:..-fl• . 

COUNTY OF GALVESTON 

1"'"""' \.. -... 1,.,t(.l"U-t<.-t.-

r.~ ·., •;; ·! c1 y 

GALV!S:'1 .•: •-:!.; •cv 

The above is a full. true. and correct photographic cop) of the original record now in my lawful custody and possession. as the 

same is recorded in the Official Publ ic Records of County Court at La\\' No. 2 in my office. 

I hereby certify on June I 0, 2015