Opinion
October 29, 2008
Jeffrey L. Friedman (06290), FRIEDMAN ASSOCIATES, Reisterstown, MD, ATTORNEY FOR PLAINTIFF.
James Greenan (08623), Christopher Hamlin, MCNAMEE HOSEA JERNIGAN KIM GREENAN WALKER, PA, Greenbelt, MD, ATTORNEY FOR DEFENDANT.
Steven Zendarski, Annapolis, MD, DEFENDANT.
STIPULATED JUDGMENT IN SETTLEMENT OF ADVERSARY COMPLAINT
Plaintiff, American Express Centurion Bank, ("American Express"), and the Defendant, Steven Zendarski (the "Defendant"), by and through their undersigned counsel, hereby stipulate and agree as follows:
1. The sum $8,500.00 ("Judgment Amount"), representing a portion of the balance owed to Plaintiff by the Defendant with respect to account number xxxx-xxxxxx-x2000, is hereby determined to be nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). Plaintiff is hereby awarded a nondischargeable final judgment against the Defendant in the amount of $8,500.00.
2. Execution on the Judgment shall be stayed so long as the Defendant pays the sum of $8,500.00 ("Judgment Amount") to Plaintiff, over sixty (60) months as follows: $142.00 per month for fifty-nine (59) months, followed by one (1) final payment of $122.00. The first monthly payment shall be due on or before October 15, 2008 and each payment thereafter shall be due by the fifteenth (15th) day of each month. Upon timely payment of the Judgment Amount, Judgment shall be satisfied.
3. The Defendant shall submit his payments made payable to AMERICAN EXPRESS directly c/o BECKET LEE LLP, P.O. Box 3001, MALVERN, PA 19356 or at any future address designated by the Plaintiff in writing. The Defendant shall reference his full 15-digit account number and/or his nine (9)-digit social security number on all tendered payments. Plaintiff shall be allowed to contact the Defendant directly regarding payment and/or default under this Stipulated Judgment. The Defendant understands that he must advise Plaintiff in writing of any change of address until the Judgment has been satisfied. The Defendant's current mailing address is 40 Greystone Court, #K, Annapolis, MD 21403.
4. The Defendant may prepay all or any portion of the Judgment Amount at any time without penalty provided that, if for any reason, in any month, the Defendant pays more than the amount due for that month under this Stipulated Judgment, the Defendant shall continue to be obligated under this Stipulated Judgment to make the next monthly payment as scheduled. The payment in excess of the amount required under this Stipulated Judgment shall shorten the Defendant's repayment schedule, but shall not, under any circumstances, entitle the Defendant to skip the next scheduled payment.
5. In the event Defendant fails to provide any payment required under this Stipulation, American Express may issue a Notice of default under the Stipulated Judgment, with a copy thereof to Defendant's counsel, stating the amount required to cure the default (including attorney's fees of $100.00 incurred as a result of said default) by a date not less than ten (10) days thereafter. Defendant shall have the right to cure only three (3) events of default under this Stipulated Judgment.
6. Following compliance with the requirements of paragraph five (5), above, and unless payment or proof thereof is received by American Express on or before the date set forth in the Notice establishing the default, then Plaintiff shall be entitled to execute on the judgment entered by the Bankruptcy Court (less any payments made to date by the Defendant), and may also add interest at the judgment rate of interest per annum (accruing upon the due date of the earliest payment in default), and may add reasonable attorney fees and costs incurred by Plaintiff from and after any such default in the pursuit and enforcement of its rights hereunder.
7. Any payments becoming due after the Defendant has defaulted on any monthly payment or after the Defendant has furnished insufficient funds to Plaintiff shall thereafter be made in the form of money order or certified funds.
8. Plaintiff remains entitled to distribution from the bankruptcy estate. Any amounts received from the bankruptcy estate in combination with any monies paid by the Defendant, which exceed the account balance, shall be returned to the Defendant. WHEREFORE, the parties pray this Honorable Court for an Order approving the instant Stipulated Judgment and closing the adversary matter.
I HEREBY CERTIFY that the terms of the copy of the Stipulated Judgment submitted to the Court are identical to those set forth in the originalSO ORDEREDconsentorderStipulated Judgment; and the signatures represented by the/s/on the copy reference the signatures of consenting parties on the original Stipulated Judgment.
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0416-1 User: gwhitt Date Created: 10/30/2008 Case: 08-00140 Form ID: pdfall Total: 6 aty Christopher Hamlin chamlin@mhlawyers.com aty Craig Palik cpalik@mhlawyers.com aty Jeffrey L. Friedman jeff@friedmanlaw.net TOTAL: 3 pla American Express Centurion Bank c/o Jeffrey L. Friedman, Esq. Friedman Associates 100 Owings Court, Suite 4 Reisterstown, MD 21136 dft Steven Zendarski 40 Greystone Ct., #K Annapolis, MD 21403 James Greenan, Esq. 6411 Ivy Lane, Suite 200 Greenbelt, MD 20770 TOTAL: 3