Opinion
Case No. 08-14481 RG, Adversary Proceeding #: 08-00531.
October 16, 2008
RICHARD D. LONDON, Attorney for Plaintiff.
Marc A. Appel, 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 David George Savage, Jr., paying the sum of $4,212.00, payable at the rate of $117.00 per month by the first of each month commencing October 1, 2008, and the 1st of each month thereafter until paid. 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 42642904054278003 on the payment.
3. The debt of defendant to plaintiff in the amount of $4,212.00, plus interest from date of filing of the petition, attorney's fees of $800.00 and court costs of $250.0, will be determined to be nondischargable. If defendant pays the $4,212.00 per the terms of 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 $4,212.00, defendant will also be liable to plaintiff for attorney's fees of $800.00 and costs of $250.00, plus interest.
I HEREBY CERTIFY that the terms of the copy of the consent order submitted to the Court are identical to those set forth in the original stipulation of settlement; and the signatures represented by the /s/ on this copy, reference the signatures of consenting parties on the original stipulation of settlement.