Opinion
Case No. 08-1003508 SAL, Adversary Proceeding #: 08-00260.
July 21, 2008
Respectively Submitted, RICHARD D. LONDON, Attorney for Plaintiff.
ROBERT KEITH MCINTOSH, Attorney for Defendant.
STIPULATION OF SETTLEMENT AND ORDER
The Plaintiff and defendant, by counsel, stipulate and agree as follows:
1. Plaintiff has filed a complaint to determine debtor's debt to plaintiff, plus attorney's fees and costs, as nondischargable.
2. The parties have agreed to a settlement of this matter, conditioned upon the defendant Jerry F. Harvey, paying the sum of $1,500.00, payable at the rate of $300.00 by the end of June, 2008 and $100.00 per month by the 1st of each month for 12 months, commencing August 1, 2008. The payments will be sent to FIA Card Services, Attn: Mr. BK, 1000 Samoset Drive, DE5-023-03-03, Newark, DE 19713, or such other address specified by Plaintiff, with the account number of 4888931250373938 on the payment.
3. The debt of defendant to plaintiff in the amount of $1,500.00, plus interest from date of filing of the petition, attorney's fess of $550.00 and court costs of $250.00, will be determined to be nondischargable. If defendant pays the $1,500.00 in paragraph two as agreed, Plaintiff will accept this amount as full settlement.
4. In the event of default in making the payments in paragraph 2 above, in addition to the remaining balance of the $1500.00, defendant will also be liable to plaintiff for attorney's fees of $550.00 and costs of $250.00, plus interest.