Opinion
Case No. 07-21874 PM, Adversary Proceeding #: 08-00164 PM.
May 13, 2008
Richard D. London, Attorney for Plaintiff.
David M. Gormley, 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 Domingo Dumlao, paying the sum of $2,500.00, payable at the rate of $100.00 per month by the 20th of each month commencing May 20, 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 $2,500.00 will be determined to be nondischargable. If defendant pays 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, defendant will also be liable to plaintiff for attorney's fees of $550.00 and costs of $250.00, plus interest from the entry of this order, which amounts will also not be discharged.
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.