Preview
a
Lina M. Michael, Esq.; SBN: (237842)
Brian P. MeGurk. SBN: (250091)
MICHAEL & ASSOCIATES, PC
335 St. Charles Drive, Suite 204
Thousand Oaks, California 91360
‘Telephone: (855) 785-4705
Facsimile: (805) 379-8525
ATIONAL BANK {/k/a
; I CENTURION BANK
Our File Number: 19071669
Defendant’s Information for Record:
Jennifer Tunder, Esq.
Law Offices of Rabert S. Gitmeid P.C
440} NW 4° Street, Suite 116
Oklahoma City, OK 73107
Telephone Number: (404) 212-2257
Attorney for Defendant,
ul M VUOLO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
LIMITED CIVIL CASE
TIONAL BANK
[$8 CENTURION
Case No. 19CV351913
! RICAN EXPRESS
fikfa AMERICAN EXPR:
BANK,
|
| STIPULATION FOR CONDITIONAL
ENTRY GF FUDGMENT
Plaintiff, |
C.C.P, § 664.6
VS.
Complaint Filed: July 24, 2019
ULLEN M VUOLO, aka EM VUOLO, aka |
ELLEN MARIE VUOLO, an individual: Does
} through 20, inclusive.
Defendants.
rv iS HEREBY STIPULATED AND AGREED:
Certain disputes and differences have arisen between the parties concerning
AMERICAN EXPRESS NATIONAL BANK. f/k’a AMERICAN EXPRESS CENTURION
Shp ATION FOR CONDITIONAL ENTRY OF JUDGMENT CCP. §
\BANK's claim that there are alleged monies due and owing for unpaid credit card services for
account number XXXX-XXXXXX-X6004, and that the amount of the outstanding balance due
is $29.357.60.
it is now the desire of the respective parties hereto to resolve this dispute, without any
admission of liability or fault.
Now, therefore, in pursuance of this desire Plaintiff, AMERICAN EXPRESS
NATIONAL BANK fik’a AMERICAN EXPRESS CENTURION BANK, and Defendant,
ELLEN M VUOLQ, aka EM VUOLO, aka ELLEN MARIE VUOLO, an individual, stipulate
as follows:
a. Defendant's signature on this Stipulation is due in this office, on or before
November 1, 2019,
b. Payments will be made by check. Personal checks and cashier's checks should
be made payable to “American Express” and mailed to: Michael & Associates, PC at 555 St.
Charles Drive. Suite 204, Thousand Oaks, California 91360. If any payment is returned twice
for insufficient funds all future payments will be required to be made by a cashier's check or
wire. Ifyou make a payment via wire transfer, you must contact Michael & Associates, PC, and
confiem that such payment has been made and advise us of the date and amount of the payment.
i. Plaintiff shall recover from Defendant the sum of $18,720.00 (see table below), to be
paid as follows or this agreement shall be null and void:
Votal principal at tune of sult: $20,387.60
Court costs: $ $64.52
Total settlement forgiveness: $11,202.12)
Total due at time of stipulation: $18,720.00
Payment Schedule (Minimum due each month)
October 30. 2019 $780.00
November 30, 2019 $780.00
December 30,2019 $780.00
January 30, 2020 $780.00
February 29,2020 $780.00
March 30, 2020 $780.00
April 30, 2020 $780.00
May 30, 2020 $780.00
“STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. § 664.6
2to
oa
or
June 30, 2020 $780.00
July 30, 2020 $780.00
August 30, 2020 $780.00
September 30.2020 $780.00
October 30. 2020 $780.00
November 30, 2020 $780.00
December 30, 2020 $780.00
January 30, 2021 $780.00
February 28, 2021 $780.00
March 30, 2021 $780.00
April 30, 2021 $780.00
May 30. 2021 $780.00
June 30, 2021 $780.00
July 30, 2021 $780.00
August 30, 2021 $780.00
September 30, 2021 $780.00
2. Failing t make any payment on time or should any payment be refused or returned
by the bank upon which it is drawn, Defendant shall be in default under the terms of this
Stipulation, Defendam shall be notified of such default in writing by email sent to
JUNNIZE
TUNDER eGITMEIDL M. and is permitted to cure the default within
seven (7) days of the date of the notice. If Defendant fails to cure the default, Plainuff may then
obtain a judgment pursuant to Code of Civil Procedure § 664.6 for the entire balance owed by
Defendant in the amount of $29,357.60, plus court costs expended, less any payments made to
date and may execute on the judgment after entry, upon ex-parte or regular noticed motion,
3. The Parties acknowledge that they are familiar with the provisions ef California
Civil Code Section 1542. which provides as follows:
“A general release does not extend to claims that the creditor or releasing party
does aot know or suspect to exist in his or her favor at the time of exeeuting the
release and that, if known by him or her, would have materially affected his or her
settlement with the debtor or released party.”
‘Thus, notwithstanding the provisions of California Civil Code Section 1542, and for the
purpose of implementing a full and complete release and discharge of all claims, the Parties
expressly acknowledge that this Stipulation also is intended to include in its effect, without
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C_CP. § 664.6
3ho
wa
sé
29]
limitation, and that the mutual releases will apply to, without limitation, all claims that they do
not know or expect to exist in their favor as of the date hereof and that this Stipulation
contemplates and provides for the extinguishment of any and all such claims.
The Parties hereby release and absolutely and forever discharge each other, and their
respective agents and attorneys, of and from any and all claims, demands, damages, debts,
liabilities. accounts, obligations. costs, expenses, liens, actions and causes of action, of every
kind and nature (including claims for invasion of privacy. claims arising under the federal Fair
Debt Collection Practices Act. claims arising under the California Rosenthal Fair Debt
“Collection Practices Act, claims arising under the Gramm Leach Bliley Act (aka the Financial
Services Modernization Act), claims arising under the Fair Credit Reporting Act, and claims
arising under any Consumer Fraud Act), whether known or unknown, suspected or unsuspected,
which either party now has, owns or holds, or at any time heretofore ever had owned or held, or
could own or hold, based on, related to, or by reason of any of the relations which created the
underlying claims of this action, This waiver shall also specifically apply to the collections
activities of Michael & Associates, PC, and its employees, regarding the AMEX account(s)
specified above, This walver shall only apply to claims, demands. damages, debts, liabilities,
accounts, obligations, costs. expenses, liens, actions and causes of action arising prior to the
execution of this Stipulation, This Stipulation and this waiver of California Civil Code Section
1542 shall only pertain to the AMEX account{s) specified above, and to no other accounts.
i For the yood and valuable consideration as set forth herein, Defendant(s) agrec{s) to and
hereby does release Plaintiff{s) and its affiliated companies (including but not limited to.
American Express Company: American Express Travel Related Services Company, tne.
American Express Centurion Bank: and American Express Bank, FSB), their directors, officers,
agents, employees. representatives, servants, attorneys. predecessors, successors, assigns,
end all claims. actions causes of action!
sunsidiay parent, and 2
demands, liabilities, or obligations of any nature or kind, whether at present known or unknown,
upon or by reason of any damage, loss or injury, which heretofore has been or which hereafte:
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.CP. § 664.6
45
6
may be sustained by the undersigned, or for any other matters whatsoever from the beginning off
the world to this date. including, but not limited to, the subject matter of the Action.
4. the parties signing this Supulation agree thar this cour reserve personal anid subject
maiter jurisdiction over the parties to this case to enforce the settlement until the settlement has
been fully performed pursuant to Code of Civil Procedure § 664.6. Parties further agree that this
matter may be dismissed pursuant to Code of Civil Procedure § 664.6.
5. Plaintiff, through its counsel of record, shall file a fully-executed copy of this
Stipulation for Conditional Entry of Judgment. {tis further stipulated and agreed by the parties
hereto that should Defendant pay all sums required pursuant to this Stipulation, Plaintiff,
ithrough its counsel of record, shall file a Request for Dismissal with Prejudice of the above-
captioned action within 30 days of clearance of the final payment and shall not attempt to obtain
a judgment.
6. Defendant waives any and all rights to a trial by court or jury; to notice, hearing,
and/or the opportunity to contest or present evidence; to findings of fact and/or conclusion of
law: to appeal. to seck to nullify, to seek statutory or equitable relief or excuse from or
otherwise challenge any provision of this Stipulation and any judgment or other court order
sought, obtained, entered and/or enforced in any way related thereto, including, but not limited
to, any motion addressed to the Court pursuant to Code of Civil Procedure § 473. or any other
provision of law, equity, or other asserted power of the Court; to assert any argument or reason
or excuse for non-performance; and to assert partial or substantial performance in lieu of exact
performance.
7. In the event that any of the provisions of this Stipulation or any portion thercof is
held by a court of competent jurisdiction io be unenforceable and invalid, the validity and
enforceability of the enforceable portion of any such provision and of the remaining provisions
shall not be adversely affected.
8. This Stipulation is enforceable, binding and admissible in a court of law.
9. This Stipulation may be signed in counterparts.
‘iy
STIPULA10. Any signature on this Stipulation via facsimile. e-signature or scanned document
transmitted over e-mail shall be deemed as original.
11. This Stipulation is limited io AMERICAN EXPRESS NATIONAL BANK f'k/a
AMERICAN EXPRESS CENTURION BANK, for account number XXXX-XXXXXX-X6004,
for the above-entitled action only.
THE SIGNATURES BELOW INDICATE THIS STIPULATION HAS BEEN ENTERED
BETWEEN AMERICAN EXPRESS NATIONAL BANK AND ELLEN MVUOLO:
DATED: tol 24\ A AMERICAN EXPRESS NATIONAL BANK fk/a
AMERICAN EXPRESS CENTURION BANK
BY: Yn.
NOUBA OURIAN,
Agent for Plaintiff
AMERICAN EXPRESS NATIONAL
BANK
DATED: ELLEN M VUOLO, aka EM VUOLO, aka ELLEN
MARIE VUOLQ, an individuai
BY: PREC See Attached
ELLEN M VUGLO
Defendant
APPROVED AS TO FORM AND CONTENT:
DATED: (2 [4 pRoW
DATED:
MICHAEL & ASSOCIATES, PC
BY: Oday San
Attorney for Plaintiff
AMERICAN EXPRESS NATIONAL
BANK
LAW OFFICES OF ROBERT S. GITMEID P.C
BY: FIGAIE See ahackeol
JENNIFER TUNDER,
Attorney for Defendant
ELLEN M VUOLO
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT CCP, § 664.6
6Bow we
ue
iansmitted over e-mail shall be deemed as original.
for the above-entitied action only.
10. Any signature on this Stipulation via facsimile, e-signature or scanned document
Ii. This Stipulation is limited to AMERICAN EXPRESS NATIONAL BANK fik/a
AMERICAN EXPRESS CENTURION BANK, for account number XXXX-XXXXXX-X6004,
THE SIGNATURES BELOW INDICATE THIS STIPULATION HAS BEEN ENTERED |
BETWEEN AMERICAN EXPRESS NATIONAL BANK AND ELLEN M VUOLO:
DATED: AMERICAN EXPRESS NATIONAL BANK fk/a
AMERICAN EXPRESS CENTURION BANK
BY:
NOUBAR ASSADOURIAN,
Agent for Plain
AMERICAN EXPRESS NATIONAL
BANK
DATED: ELLEN M VUOLO, aka EM VUOLO, aka ELLEN
MARIE VUOQLO. an individual
f
;
1/2219 ls Lye
ELLEN M VUOLO
Defendant
APPROVED AS TO FORM ANP CONTENT:
DATED: MICHAEL & ASSOCIATES, PC
BY: an
HENRY YAN
Attorney for Plaindff
AMERICAN EXPRESS NATIONAL
BANK
DATED: October 28, 2019 LAW OFFICES OF ROBERT S. GITMEID P.C
BY:
JE ER TUNDER,
Attorndy for Defendant
ELLEN M VUOLO
| STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT CCP. § 664.6
6Co em YW DH BF DW wD He
RNa ei ik
Be B Se ARG E SH 2S
24
25
26
27
28
PROOF OF SERVICE
1, the undersigned, declare:
[am a citizen of the United States of America, am over the age of eighteen (18) years, and not a
party to the within action. | am an employee of the law firm of Michael & Associates, and my business
address is 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360.
On iQ Ke | 1S , | caused to be served the following document(s):
¢ STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT
¢ PROPOSED ORDER FOR ENTRY OF STIPULATION FOR CONDITIONAL ENTRY
OF JUDGMENT AND DISMISSAL PURSUANT TO C.C.P. 664.6
on the parties involved addresses as follows:
JENNIFER TUNDER, ESQ
Jennifer.tunder@gitmeidlaw.com
BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the offices of
each addressee above.
——. BY MAIL: I served the above-listed documents by enclosing them in an envelope and placing the
envelope for collection and mailing following our ordinary business practices. 1 am readily familiar with
this business’s practice for collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course of business
with the United States Postal Service in Thousand Oaks, California, in a sealed envelope with postage
fully prepaid. | understand that service shall be presumed invalid upon motion of a party served if the
postal cancellation date or postage meter date on the envelope is more than one day after the date of
deposit for mailing contained on this declaration.
BY FACSIMILE: By use of facsimile machine telephone number (805) 728-6266. | served a copy
of the within document on the above interested parties at the facsimile number(s) listed above on this date
before 5:00 p.m.
BY FEDERAL EXPRESS OVERNIGHT DELIVERY: | am “readily familiar” with the firm’s
practice of collection and processing correspondence for Federal Express. Under that practice, it would
be picked up by a representative on that same day, in the ordinary course of business and would be
delivered the next business.
XX__BY ELECTRONIC MAIL: By use of my email address
jenna.haffamier@michaellegalgroup.com, I served a copy of the within document on the above
interested parties at the email address listed above on this date before 5:00 p.m. Pacific Standard Time.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
EXECUTED JQ fB/[1F at Thousand Oaks, California.
JENNA H. AMIER
PROOF OF SERVICE
Preview
a Lina M. Michael, Esq.; SBN: (237842) Brian P. MeGurk. SBN: (250091) MICHAEL & ASSOCIATES, PC 335 St. Charles Drive, Suite 204 Thousand Oaks, California 91360 ‘Telephone: (855) 785-4705 Facsimile: (805) 379-8525 ATIONAL BANK {/k/a ; I CENTURION BANK Our File Number: 19071669 Defendant’s Information for Record: Jennifer Tunder, Esq. Law Offices of Rabert S. Gitmeid P.C 440} NW 4° Street, Suite 116 Oklahoma City, OK 73107 Telephone Number: (404) 212-2257 Attorney for Defendant, ul M VUOLO SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LIMITED CIVIL CASE TIONAL BANK [$8 CENTURION Case No. 19CV351913 ! RICAN EXPRESS fikfa AMERICAN EXPR: BANK, | | STIPULATION FOR CONDITIONAL ENTRY GF FUDGMENT Plaintiff, | C.C.P, § 664.6 VS. Complaint Filed: July 24, 2019 ULLEN M VUOLO, aka EM VUOLO, aka | ELLEN MARIE VUOLO, an individual: Does } through 20, inclusive. Defendants. rv iS HEREBY STIPULATED AND AGREED: Certain disputes and differences have arisen between the parties concerning AMERICAN EXPRESS NATIONAL BANK. f/k’a AMERICAN EXPRESS CENTURION Shp ATION FOR CONDITIONAL ENTRY OF JUDGMENT CCP. § \BANK's claim that there are alleged monies due and owing for unpaid credit card services for account number XXXX-XXXXXX-X6004, and that the amount of the outstanding balance due is $29.357.60. it is now the desire of the respective parties hereto to resolve this dispute, without any admission of liability or fault. Now, therefore, in pursuance of this desire Plaintiff, AMERICAN EXPRESS NATIONAL BANK fik’a AMERICAN EXPRESS CENTURION BANK, and Defendant, ELLEN M VUOLQ, aka EM VUOLO, aka ELLEN MARIE VUOLO, an individual, stipulate as follows: a. Defendant's signature on this Stipulation is due in this office, on or before November 1, 2019, b. Payments will be made by check. Personal checks and cashier's checks should be made payable to “American Express” and mailed to: Michael & Associates, PC at 555 St. Charles Drive. Suite 204, Thousand Oaks, California 91360. If any payment is returned twice for insufficient funds all future payments will be required to be made by a cashier's check or wire. Ifyou make a payment via wire transfer, you must contact Michael & Associates, PC, and confiem that such payment has been made and advise us of the date and amount of the payment. i. Plaintiff shall recover from Defendant the sum of $18,720.00 (see table below), to be paid as follows or this agreement shall be null and void: Votal principal at tune of sult: $20,387.60 Court costs: $ $64.52 Total settlement forgiveness: $11,202.12) Total due at time of stipulation: $18,720.00 Payment Schedule (Minimum due each month) October 30. 2019 $780.00 November 30, 2019 $780.00 December 30,2019 $780.00 January 30, 2020 $780.00 February 29,2020 $780.00 March 30, 2020 $780.00 April 30, 2020 $780.00 May 30, 2020 $780.00 “STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. § 664.6 2to oa or June 30, 2020 $780.00 July 30, 2020 $780.00 August 30, 2020 $780.00 September 30.2020 $780.00 October 30. 2020 $780.00 November 30, 2020 $780.00 December 30, 2020 $780.00 January 30, 2021 $780.00 February 28, 2021 $780.00 March 30, 2021 $780.00 April 30, 2021 $780.00 May 30. 2021 $780.00 June 30, 2021 $780.00 July 30, 2021 $780.00 August 30, 2021 $780.00 September 30, 2021 $780.00 2. Failing t make any payment on time or should any payment be refused or returned by the bank upon which it is drawn, Defendant shall be in default under the terms of this Stipulation, Defendam shall be notified of such default in writing by email sent to JUNNIZE TUNDER eGITMEIDL M. and is permitted to cure the default within seven (7) days of the date of the notice. If Defendant fails to cure the default, Plainuff may then obtain a judgment pursuant to Code of Civil Procedure § 664.6 for the entire balance owed by Defendant in the amount of $29,357.60, plus court costs expended, less any payments made to date and may execute on the judgment after entry, upon ex-parte or regular noticed motion, 3. The Parties acknowledge that they are familiar with the provisions ef California Civil Code Section 1542. which provides as follows: “A general release does not extend to claims that the creditor or releasing party does aot know or suspect to exist in his or her favor at the time of exeeuting the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” ‘Thus, notwithstanding the provisions of California Civil Code Section 1542, and for the purpose of implementing a full and complete release and discharge of all claims, the Parties expressly acknowledge that this Stipulation also is intended to include in its effect, without STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C_CP. § 664.6 3ho wa sé 29] limitation, and that the mutual releases will apply to, without limitation, all claims that they do not know or expect to exist in their favor as of the date hereof and that this Stipulation contemplates and provides for the extinguishment of any and all such claims. The Parties hereby release and absolutely and forever discharge each other, and their respective agents and attorneys, of and from any and all claims, demands, damages, debts, liabilities. accounts, obligations. costs, expenses, liens, actions and causes of action, of every kind and nature (including claims for invasion of privacy. claims arising under the federal Fair Debt Collection Practices Act. claims arising under the California Rosenthal Fair Debt “Collection Practices Act, claims arising under the Gramm Leach Bliley Act (aka the Financial Services Modernization Act), claims arising under the Fair Credit Reporting Act, and claims arising under any Consumer Fraud Act), whether known or unknown, suspected or unsuspected, which either party now has, owns or holds, or at any time heretofore ever had owned or held, or could own or hold, based on, related to, or by reason of any of the relations which created the underlying claims of this action, This waiver shall also specifically apply to the collections activities of Michael & Associates, PC, and its employees, regarding the AMEX account(s) specified above, This walver shall only apply to claims, demands. damages, debts, liabilities, accounts, obligations, costs. expenses, liens, actions and causes of action arising prior to the execution of this Stipulation, This Stipulation and this waiver of California Civil Code Section 1542 shall only pertain to the AMEX account{s) specified above, and to no other accounts. i For the yood and valuable consideration as set forth herein, Defendant(s) agrec{s) to and hereby does release Plaintiff{s) and its affiliated companies (including but not limited to. American Express Company: American Express Travel Related Services Company, tne. American Express Centurion Bank: and American Express Bank, FSB), their directors, officers, agents, employees. representatives, servants, attorneys. predecessors, successors, assigns, end all claims. actions causes of action! sunsidiay parent, and 2 demands, liabilities, or obligations of any nature or kind, whether at present known or unknown, upon or by reason of any damage, loss or injury, which heretofore has been or which hereafte: STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.CP. § 664.6 45 6 may be sustained by the undersigned, or for any other matters whatsoever from the beginning off the world to this date. including, but not limited to, the subject matter of the Action. 4. the parties signing this Supulation agree thar this cour reserve personal anid subject maiter jurisdiction over the parties to this case to enforce the settlement until the settlement has been fully performed pursuant to Code of Civil Procedure § 664.6. Parties further agree that this matter may be dismissed pursuant to Code of Civil Procedure § 664.6. 5. Plaintiff, through its counsel of record, shall file a fully-executed copy of this Stipulation for Conditional Entry of Judgment. {tis further stipulated and agreed by the parties hereto that should Defendant pay all sums required pursuant to this Stipulation, Plaintiff, ithrough its counsel of record, shall file a Request for Dismissal with Prejudice of the above- captioned action within 30 days of clearance of the final payment and shall not attempt to obtain a judgment. 6. Defendant waives any and all rights to a trial by court or jury; to notice, hearing, and/or the opportunity to contest or present evidence; to findings of fact and/or conclusion of law: to appeal. to seck to nullify, to seek statutory or equitable relief or excuse from or otherwise challenge any provision of this Stipulation and any judgment or other court order sought, obtained, entered and/or enforced in any way related thereto, including, but not limited to, any motion addressed to the Court pursuant to Code of Civil Procedure § 473. or any other provision of law, equity, or other asserted power of the Court; to assert any argument or reason or excuse for non-performance; and to assert partial or substantial performance in lieu of exact performance. 7. In the event that any of the provisions of this Stipulation or any portion thercof is held by a court of competent jurisdiction io be unenforceable and invalid, the validity and enforceability of the enforceable portion of any such provision and of the remaining provisions shall not be adversely affected. 8. This Stipulation is enforceable, binding and admissible in a court of law. 9. This Stipulation may be signed in counterparts. ‘iy STIPULA10. Any signature on this Stipulation via facsimile. e-signature or scanned document transmitted over e-mail shall be deemed as original. 11. This Stipulation is limited io AMERICAN EXPRESS NATIONAL BANK f'k/a AMERICAN EXPRESS CENTURION BANK, for account number XXXX-XXXXXX-X6004, for the above-entitled action only. THE SIGNATURES BELOW INDICATE THIS STIPULATION HAS BEEN ENTERED BETWEEN AMERICAN EXPRESS NATIONAL BANK AND ELLEN MVUOLO: DATED: tol 24\ A AMERICAN EXPRESS NATIONAL BANK fk/a AMERICAN EXPRESS CENTURION BANK BY: Yn. NOUBA OURIAN, Agent for Plaintiff AMERICAN EXPRESS NATIONAL BANK DATED: ELLEN M VUOLO, aka EM VUOLO, aka ELLEN MARIE VUOLQ, an individuai BY: PREC See Attached ELLEN M VUGLO Defendant APPROVED AS TO FORM AND CONTENT: DATED: (2 [4 pRoW DATED: MICHAEL & ASSOCIATES, PC BY: Oday San Attorney for Plaintiff AMERICAN EXPRESS NATIONAL BANK LAW OFFICES OF ROBERT S. GITMEID P.C BY: FIGAIE See ahackeol JENNIFER TUNDER, Attorney for Defendant ELLEN M VUOLO STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT CCP, § 664.6 6Bow we ue iansmitted over e-mail shall be deemed as original. for the above-entitied action only. 10. Any signature on this Stipulation via facsimile, e-signature or scanned document Ii. This Stipulation is limited to AMERICAN EXPRESS NATIONAL BANK fik/a AMERICAN EXPRESS CENTURION BANK, for account number XXXX-XXXXXX-X6004, THE SIGNATURES BELOW INDICATE THIS STIPULATION HAS BEEN ENTERED | BETWEEN AMERICAN EXPRESS NATIONAL BANK AND ELLEN M VUOLO: DATED: AMERICAN EXPRESS NATIONAL BANK fk/a AMERICAN EXPRESS CENTURION BANK BY: NOUBAR ASSADOURIAN, Agent for Plain AMERICAN EXPRESS NATIONAL BANK DATED: ELLEN M VUOLO, aka EM VUOLO, aka ELLEN MARIE VUOQLO. an individual f ; 1/2219 ls Lye ELLEN M VUOLO Defendant APPROVED AS TO FORM ANP CONTENT: DATED: MICHAEL & ASSOCIATES, PC BY: an HENRY YAN Attorney for Plaindff AMERICAN EXPRESS NATIONAL BANK DATED: October 28, 2019 LAW OFFICES OF ROBERT S. GITMEID P.C BY: JE ER TUNDER, Attorndy for Defendant ELLEN M VUOLO | STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT CCP. § 664.6 6Co em YW DH BF DW wD He RNa ei ik Be B Se ARG E SH 2S 24 25 26 27 28 PROOF OF SERVICE 1, the undersigned, declare: [am a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. | am an employee of the law firm of Michael & Associates, and my business address is 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360. On iQ Ke | 1S , | caused to be served the following document(s): ¢ STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT ¢ PROPOSED ORDER FOR ENTRY OF STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT AND DISMISSAL PURSUANT TO C.C.P. 664.6 on the parties involved addresses as follows: JENNIFER TUNDER, ESQ Jennifer.tunder@gitmeidlaw.com BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the offices of each addressee above. ——. BY MAIL: I served the above-listed documents by enclosing them in an envelope and placing the envelope for collection and mailing following our ordinary business practices. 1 am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Thousand Oaks, California, in a sealed envelope with postage fully prepaid. | understand that service shall be presumed invalid upon motion of a party served if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained on this declaration. BY FACSIMILE: By use of facsimile machine telephone number (805) 728-6266. | served a copy of the within document on the above interested parties at the facsimile number(s) listed above on this date before 5:00 p.m. BY FEDERAL EXPRESS OVERNIGHT DELIVERY: | am “readily familiar” with the firm’s practice of collection and processing correspondence for Federal Express. Under that practice, it would be picked up by a representative on that same day, in the ordinary course of business and would be delivered the next business. XX__BY ELECTRONIC MAIL: By use of my email address jenna.haffamier@michaellegalgroup.com, I served a copy of the within document on the above interested parties at the email address listed above on this date before 5:00 p.m. Pacific Standard Time. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED JQ fB/[1F at Thousand Oaks, California. JENNA H. AMIER PROOF OF SERVICE