Preview
(FILED: ERIE COUNTY CLERK 0573072014) INDEX NO. 804915/2013
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/30/2014
HP LASERJET FAH Pee
Apr 0@ 2014 4:23PM
SUPREME COURT OF THE STATE OF NEW YORK
Se EXPRESS BANK, FSB, )
Plato’, | Index No. 804915/2013
-againste
SEIKLEMOENT
JOHN BUSALACHI A/K/A JOHN F. BUSALACHTL,
i Tafandant,
l
7” dey of April, 2014 by and
This Stipulation of Settlament (“Stipulation”) to made this
ss’), and JOHN BUSALACHT
between American Express Centurion Bank, (American Expre
ing at , 1530 Eggert Rd Amherst, NY
AKA JOHN F. BUSALACHI, (“Defendant”), resid
14226-3372,
WXINESSETH
ss for charges incurred on
WHEREAS, Defendant was indebted to American Expre
- 1002 (the “Account” inthe
American Express Card Account Number XXXX-2CCXXXX
amount of $2,623.87 (the “Defendant's Debt"); and
-captioned action seeking to
WHEREAS, American Express commenced the above
recover the Defendant's Debt (the "Action", end
ant to this
theAS
‘WHERE , s wish to arrange for settlement of the Action purmu
partie
Stipulation without resort to flurther litigation,
ises and covenants tet forth herein,
NOW, THEREFORE, in consideration of the prom
y stipulated and agreed as of this 7" day of
and other good and valuable consideration, It ls hereb
April, 2014, asdllown
ee
2a°d WY Setar fraz—rriwn
Apr 0@ 2014 4:29PM HP LASERJET FRX p39
b Rasitala. ‘The foregoing recital paragraphs are incorporated into and form ¢ part
of this Stipulation,
2 Settlement Payment. In settiement of the Defendant’s Debt, Defendant shull pay
49 American Express the gum of $2,623.67 (the “Settlement Sum"), paid as follows:
@ One (1) pay t on or before April 16, 2014, and
$100.0 dus
ofmen
@) ‘Thirteen (13) songecutive monthly payments of $180.00 each,
commencingon of before May 16, 2014, and continuing on or before the
16* day of each consecutive month thereafter, through and including May
16, 2015, and
(s) A final payment of 513,67 due on or before June 16, 2018.
(ay All payments made under this paragraph shall be in United States currency
by good check, unless otherwise noted, made payable to American
e at its offices located at 600 Third
& Asher
Express and mailed to Jaff
the
Avenue New York, New York 10016 so as to be received on or before
due date thereof, If any payment would otherwise be due on a day which
ts not a business day, then payment shall be due on the next succeeding
business day. Any peyment required to be :nade hereunder may be
prepaid in whole, or in part, without penalty,
4 Acknowledgemen t Defendant agross tha: if and only if there occurs an
of Debt.
uncured Bvent of Default a9 defined in paragraph 4 below, he shall be indebted to American
Express in che principal amount of $2,623.67, loss any amount ceveived herecnder (she
2
bard WY 26tet plez—-tt-aay
Apr O08 2014 4:29PM HR LASERJET FAX p.4
“Obligation"). Defendant acknowledges and agrees that tho Obligation shall be due and payable
without offtet, counterclaim or defense, all of which are hereby forever waived, Defendant
further agreas to accept service of process in any legal action following default hereunder by
First Class U.S. Mail to the addresa listed in paragraph 15 below.
4. Eyents
of Dafmilt. 1f() any of the payments
due under paragraph 2 of this
Stipulation
are not paid when due in the precise manner required hereunder, including, but not
limited to the failure to make such payment when due via wire transfer or by certified or bank
check(s), or (ii) if there oocurs any other default of any term or provision hereof by Defendant,
then, upon the ocourrence of eny such event (each an “Event of Default"), Defendant shall be in
default
of this Stipulation.
5 Bemodieg. Upon
the occurrence of an Event of Default, counsel for American
BAY yd GUL PAY CLA De undeved mish vette metlan af che defense ond on Amnneimit
in anre
y Tf
the Bvent of Default ia not cured within seven (7) days from ismance of the notice of default,
then the remaining balunce of the Obligation shall be immediately due and payeble in full, and
Amoticen Express in uny order, or simultancously, may exercise any and all legal and equitable
Tights with respect to the enforcement of the obligations hereunder, inchuding, but rot ‘imited to
taking sny und al! steps necessary
to obtain a judgment against Defendant for the amount of the
Obligation pursuant to CPLR $ 3215(), without further notice, and any other possible
means,
which Defendant
hereby consents to. Notwithstanding
the above, Defendant
shall not be entitled
to a notive of default with respect to the first payment due on oy before Apri) 16, 2014, pursuant
to paragraph
2 hereinabove.
6. NoFutherCleims. Defendant acknowledges and represents
that they possess no
claims, demands, defenses, counterclaims, or causes of action whatsoever against American
3
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Ape G8 2014 4:24PM HP LASERJET FAX~ pes
heirs and assigns,portaining tu the
Express, its officers, directors, employees, agents, attorneys,
ation. Defendant forever waives
“Account, which are not being resolved pursuant to this Stipul
covenants and
and relingulches any oe all rach claims, whether known or unknown, aad firther
eding ov action at lew, equity, arbitration, or
agrocs that they shall not institute any sult, proce
the institution or prosecution of any
otherwisea gainst American Express, or in any way aid in
American Exprens rising drat or adiretly ot of
claim, demand, or cause of cton against
t,
or in comostion with the Accoun
and representa that it possesses
no claims,
American Expreas acknowledges
Account, which are
s, ot ense ne of acti on wha tso eve r against Defendant pectalning to the
domaci
ulation.
not being readlved pursuant to this Sdip
‘J
Jedges that no othe r party 0: en
& NoRepresmiation. Bech party hereto ecknow
fm, corporation, or ény other entity
y other party
of eny
agent or attome , of any othe r persa n,
werr enty what scev er, express or implied, not contained
has made any promise, repr esen tati on of
n
utofiothis
Stipuladio n ro inéuce the exec
herein conceming thesubject matter of this
ledges that he or it has not executed this
snatrument, and exch signatory hereby acknowl thls
on eny prom ise, uprevenvation or warranty not contained in
instrument in reliance
Stipulation.
, Thi s Sti pul ati on aay be executed in sopernta covaterpert, oboh of
o Cou nte rpa rty
original as to all parties that bave executed any one
a fully executed
hiel hall be deamed to be
onmore of thote separate counterparts.
Suip ulat ion aha: l be vinsing vpon and rare 6 che beceicof
10. Binding Effect, This
s, successors and
al !sentative
, personrepre
the partion hereto, and each end allof their heirs
assigns.
_———a —_——————
—_——:
a
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Apr 08 2014 4:24PM HP (LASERJET Fax
P.8
. Governing Law. This Stipulation shail in all respects be in:erpreted, enforced and
governe
by and
d under the laws of the State
of New York.
12. Construction, This Stipu
shall
latio
be construed
n with
regard toout
the party or
parties responsible for its preparatio
andn shall
by deemed da having been prepared jointly by the
Parties hereto, Any ambiguity or uncertainty existing herein shall nat be interpreted or constmed
against
any party hereto,
13, No Waves, No delay or failure by either patty to exercise anty right under this
Stipuistion, and no partial or single exercise of that right, shall ponatitute a walver of that or any
other right, unless otherwlau oxpreaaly provided herein.
4, Entire Agreement. This Stipulation constitares the entire agreement of the parties
end supers
ul! prior or ede
contemporaneous
s agreements, discussi
or representat
ons ions, oral or
written, with respect to the subject matter hervof, and cach of the partie
hareto statey
s that
he has
ead each of the paragraphs hereof and that he understands the same and understands the legal
obligations created thereby.
15. Notices. Any notices given or required
to be given under this Stipulation shall bo
in writing and delivered either personally or by first Oluve mail, or via commercial ovemight
courier, or vie facsimile transmission as follows:
Any notice given to American Express sha
be sent
ll to the following address:
David Joyandeh, Eaq.
Jaifo & Asher LLP
600 Third Avenue
New York, NY 10016
Facsimile (212) 687-3601
Any notice given to Defend
shal] ant
be sent to the following address;
JOHN BUSALACHI
2a°d MM eter ree ite wee
Ape Of 2014 4:25PM HP LASERJET FRX, pe?
1530 Bggert Rd
Amherst, NY 14226-3372
mile shall be deemed given when
Notices delivered personally, by overnight mail, or by facsi
ng.
received. Notices delivebyred mail shall be deemed given three business days after raaili
notice given pursuant to this parageaph.
Parieu mey chenge their addres for notices in a
ec ut
apeb eher
furt
16. ies agree to enter intoand ex
Nesengary Dosuments. ‘The part
fecr ce
Stipulat
this ua ion.
documents or instrume mey sbe necessary end appropriate 39 ef
aa nt
ies has had che benefit of the udivice
of
17, Advice of Counsel. Bach of the patt
and ths
ita own chol co in the nego dati ng, draf ting and exeoution of this Stipulation,
counsel of
Accordingly,
productofthe efforts of wll counsel.
language in all parts of this Stipulation is &
provis ion contained hersin shall be
deemed to have been
r the enti re Stip ulat ion nor any
neitne
ion abalbe
construed against uny party. This Stipulat
proposed of drafted by any party of
construed as « whole according to its plein meaning.
n Stipulation and the
executofiothis
Facsimile Signatures Bioding. jie
18.
same by
fac sim ile sha ll be bin din g on the party signing ang transecining
rransaiosion thereof by gy’s
h part
bear sucin
l
the esam e ext ent as if counterpart of this Stipul ation
feofoll syiandmtoi
lexchange
original signature had been delt
yore, Notwithstanding the foregoing, the parties shal
hereof
rpa rts of the Sti pul ati on promptly following execution
original counte
convenience only
par agr aph hea dings in dhe Stipulation ere for
19, Headings. The
isicn herein.
notlbe
and snai wed to constras or lorereet the meaning of any prov
part y her eto represents and warrants that it
20, Powersnd Author ity ta Bxe mte . Eac h
perf orm this Stipulation, that each
and nuth otis y to exec ute, deli ver and
has the full power e
ecutthi
beha lf of « part y bas boen duly auth orized by that party to ex
iodividual signing co
6
——
ce oe
sed Wk Aclar wrazorriwin
Apr O8 2014 4:25PM HP LASERJET FAX
p.s
Stipulation
on its behalf, and that no claims being released under
the terms of this Stipulation
have been assigned, sold, or otherwise transf
to any
erred
other entity,
2k. Blus:Penciling [f any term or provisi
ofon
this Stipu
islatio
determized tonbe
inva
or unenforceabl
lid e, such term or provisi
shall
onbe deemed stricken and the entire
remainder of thia Stipulation shel] remain in full foros and effect.
22, Digcontinuangs. Folthe
low timely ing
receipt of all payments due pursusnt
to
Paragraph2 hereinabove, American Express shall promptly discontinue the Actlon with
Prajudios,
Dated: April 7, 2014
sher,
By.
Toyandab,
forFI
AMERICAN EXPRESS BANK,
FSB
60°d Bim anes Lene ee ee
Apr 08 2034 4:25PM HP LASERJET FAX p-8
‘This communication is from a debt collector.
etd
WH Tetar eene oe -
Preview
(FILED: ERIE COUNTY CLERK 0573072014) INDEX NO. 804915/2013 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/30/2014 HP LASERJET FAH Pee Apr 0@ 2014 4:23PM SUPREME COURT OF THE STATE OF NEW YORK Se EXPRESS BANK, FSB, ) Plato’, | Index No. 804915/2013 -againste SEIKLEMOENT JOHN BUSALACHI A/K/A JOHN F. BUSALACHTL, i Tafandant, l 7” dey of April, 2014 by and This Stipulation of Settlament (“Stipulation”) to made this ss’), and JOHN BUSALACHT between American Express Centurion Bank, (American Expre ing at , 1530 Eggert Rd Amherst, NY AKA JOHN F. BUSALACHI, (“Defendant”), resid 14226-3372, WXINESSETH ss for charges incurred on WHEREAS, Defendant was indebted to American Expre - 1002 (the “Account” inthe American Express Card Account Number XXXX-2CCXXXX amount of $2,623.87 (the “Defendant's Debt"); and -captioned action seeking to WHEREAS, American Express commenced the above recover the Defendant's Debt (the "Action", end ant to this theAS ‘WHERE , s wish to arrange for settlement of the Action purmu partie Stipulation without resort to flurther litigation, ises and covenants tet forth herein, NOW, THEREFORE, in consideration of the prom y stipulated and agreed as of this 7" day of and other good and valuable consideration, It ls hereb April, 2014, asdllown ee 2a°d WY Setar fraz—rriwn Apr 0@ 2014 4:29PM HP LASERJET FRX p39 b Rasitala. ‘The foregoing recital paragraphs are incorporated into and form ¢ part of this Stipulation, 2 Settlement Payment. In settiement of the Defendant’s Debt, Defendant shull pay 49 American Express the gum of $2,623.67 (the “Settlement Sum"), paid as follows: @ One (1) pay t on or before April 16, 2014, and $100.0 dus ofmen @) ‘Thirteen (13) songecutive monthly payments of $180.00 each, commencingon of before May 16, 2014, and continuing on or before the 16* day of each consecutive month thereafter, through and including May 16, 2015, and (s) A final payment of 513,67 due on or before June 16, 2018. (ay All payments made under this paragraph shall be in United States currency by good check, unless otherwise noted, made payable to American e at its offices located at 600 Third & Asher Express and mailed to Jaff the Avenue New York, New York 10016 so as to be received on or before due date thereof, If any payment would otherwise be due on a day which ts not a business day, then payment shall be due on the next succeeding business day. Any peyment required to be :nade hereunder may be prepaid in whole, or in part, without penalty, 4 Acknowledgemen t Defendant agross tha: if and only if there occurs an of Debt. uncured Bvent of Default a9 defined in paragraph 4 below, he shall be indebted to American Express in che principal amount of $2,623.67, loss any amount ceveived herecnder (she 2 bard WY 26tet plez—-tt-aay Apr O08 2014 4:29PM HR LASERJET FAX p.4 “Obligation"). Defendant acknowledges and agrees that tho Obligation shall be due and payable without offtet, counterclaim or defense, all of which are hereby forever waived, Defendant further agreas to accept service of process in any legal action following default hereunder by First Class U.S. Mail to the addresa listed in paragraph 15 below. 4. Eyents of Dafmilt. 1f() any of the payments due under paragraph 2 of this Stipulation are not paid when due in the precise manner required hereunder, including, but not limited to the failure to make such payment when due via wire transfer or by certified or bank check(s), or (ii) if there oocurs any other default of any term or provision hereof by Defendant, then, upon the ocourrence of eny such event (each an “Event of Default"), Defendant shall be in default of this Stipulation. 5 Bemodieg. Upon the occurrence of an Event of Default, counsel for American BAY yd GUL PAY CLA De undeved mish vette metlan af che defense ond on Amnneimit in anre y Tf the Bvent of Default ia not cured within seven (7) days from ismance of the notice of default, then the remaining balunce of the Obligation shall be immediately due and payeble in full, and Amoticen Express in uny order, or simultancously, may exercise any and all legal and equitable Tights with respect to the enforcement of the obligations hereunder, inchuding, but rot ‘imited to taking sny und al! steps necessary to obtain a judgment against Defendant for the amount of the Obligation pursuant to CPLR $ 3215(), without further notice, and any other possible means, which Defendant hereby consents to. Notwithstanding the above, Defendant shall not be entitled to a notive of default with respect to the first payment due on oy before Apri) 16, 2014, pursuant to paragraph 2 hereinabove. 6. NoFutherCleims. Defendant acknowledges and represents that they possess no claims, demands, defenses, counterclaims, or causes of action whatsoever against American 3 Sd*da WY AIAL braz—Tr-aaH Ape G8 2014 4:24PM HP LASERJET FAX~ pes heirs and assigns,portaining tu the Express, its officers, directors, employees, agents, attorneys, ation. Defendant forever waives “Account, which are not being resolved pursuant to this Stipul covenants and and relingulches any oe all rach claims, whether known or unknown, aad firther eding ov action at lew, equity, arbitration, or agrocs that they shall not institute any sult, proce the institution or prosecution of any otherwisea gainst American Express, or in any way aid in American Exprens rising drat or adiretly ot of claim, demand, or cause of cton against t, or in comostion with the Accoun and representa that it possesses no claims, American Expreas acknowledges Account, which are s, ot ense ne of acti on wha tso eve r against Defendant pectalning to the domaci ulation. not being readlved pursuant to this Sdip ‘J Jedges that no othe r party 0: en & NoRepresmiation. Bech party hereto ecknow fm, corporation, or ény other entity y other party of eny agent or attome , of any othe r persa n, werr enty what scev er, express or implied, not contained has made any promise, repr esen tati on of n utofiothis Stipuladio n ro inéuce the exec herein conceming thesubject matter of this ledges that he or it has not executed this snatrument, and exch signatory hereby acknowl thls on eny prom ise, uprevenvation or warranty not contained in instrument in reliance Stipulation. , Thi s Sti pul ati on aay be executed in sopernta covaterpert, oboh of o Cou nte rpa rty original as to all parties that bave executed any one a fully executed hiel hall be deamed to be onmore of thote separate counterparts. Suip ulat ion aha: l be vinsing vpon and rare 6 che beceicof 10. Binding Effect, This s, successors and al !sentative , personrepre the partion hereto, and each end allof their heirs assigns. _———a —_—————— —_——: a 90-4 WH RIAT wraz—TToman Apr 08 2014 4:24PM HP (LASERJET Fax P.8 . Governing Law. This Stipulation shail in all respects be in:erpreted, enforced and governe by and d under the laws of the State of New York. 12. Construction, This Stipu shall latio be construed n with regard toout the party or parties responsible for its preparatio andn shall by deemed da having been prepared jointly by the Parties hereto, Any ambiguity or uncertainty existing herein shall nat be interpreted or constmed against any party hereto, 13, No Waves, No delay or failure by either patty to exercise anty right under this Stipuistion, and no partial or single exercise of that right, shall ponatitute a walver of that or any other right, unless otherwlau oxpreaaly provided herein. 4, Entire Agreement. This Stipulation constitares the entire agreement of the parties end supers ul! prior or ede contemporaneous s agreements, discussi or representat ons ions, oral or written, with respect to the subject matter hervof, and cach of the partie hareto statey s that he has ead each of the paragraphs hereof and that he understands the same and understands the legal obligations created thereby. 15. Notices. Any notices given or required to be given under this Stipulation shall bo in writing and delivered either personally or by first Oluve mail, or via commercial ovemight courier, or vie facsimile transmission as follows: Any notice given to American Express sha be sent ll to the following address: David Joyandeh, Eaq. Jaifo & Asher LLP 600 Third Avenue New York, NY 10016 Facsimile (212) 687-3601 Any notice given to Defend shal] ant be sent to the following address; JOHN BUSALACHI 2a°d MM eter ree ite wee Ape Of 2014 4:25PM HP LASERJET FRX, pe? 1530 Bggert Rd Amherst, NY 14226-3372 mile shall be deemed given when Notices delivered personally, by overnight mail, or by facsi ng. received. Notices delivebyred mail shall be deemed given three business days after raaili notice given pursuant to this parageaph. Parieu mey chenge their addres for notices in a ec ut apeb eher furt 16. ies agree to enter intoand ex Nesengary Dosuments. ‘The part fecr ce Stipulat this ua ion. documents or instrume mey sbe necessary end appropriate 39 ef aa nt ies has had che benefit of the udivice of 17, Advice of Counsel. Bach of the patt and ths ita own chol co in the nego dati ng, draf ting and exeoution of this Stipulation, counsel of Accordingly, productofthe efforts of wll counsel. language in all parts of this Stipulation is & provis ion contained hersin shall be deemed to have been r the enti re Stip ulat ion nor any neitne ion abalbe construed against uny party. This Stipulat proposed of drafted by any party of construed as « whole according to its plein meaning. n Stipulation and the executofiothis Facsimile Signatures Bioding. jie 18. same by fac sim ile sha ll be bin din g on the party signing ang transecining rransaiosion thereof by gy’s h part bear sucin l the esam e ext ent as if counterpart of this Stipul ation feofoll syiandmtoi lexchange original signature had been delt yore, Notwithstanding the foregoing, the parties shal hereof rpa rts of the Sti pul ati on promptly following execution original counte convenience only par agr aph hea dings in dhe Stipulation ere for 19, Headings. The isicn herein. notlbe and snai wed to constras or lorereet the meaning of any prov part y her eto represents and warrants that it 20, Powersnd Author ity ta Bxe mte . Eac h perf orm this Stipulation, that each and nuth otis y to exec ute, deli ver and has the full power e ecutthi beha lf of « part y bas boen duly auth orized by that party to ex iodividual signing co 6 —— ce oe sed Wk Aclar wrazorriwin Apr O8 2014 4:25PM HP LASERJET FAX p.s Stipulation on its behalf, and that no claims being released under the terms of this Stipulation have been assigned, sold, or otherwise transf to any erred other entity, 2k. Blus:Penciling [f any term or provisi ofon this Stipu islatio determized tonbe inva or unenforceabl lid e, such term or provisi shall onbe deemed stricken and the entire remainder of thia Stipulation shel] remain in full foros and effect. 22, Digcontinuangs. Folthe low timely ing receipt of all payments due pursusnt to Paragraph2 hereinabove, American Express shall promptly discontinue the Actlon with Prajudios, Dated: April 7, 2014 sher, By. Toyandab, forFI AMERICAN EXPRESS BANK, FSB 60°d Bim anes Lene ee ee Apr 08 2034 4:25PM HP LASERJET FAX p-8 ‘This communication is from a debt collector. etd WH Tetar eene oe -