On December 09, 2019 a
Stipulation,Agreement
was filed
involving a dispute between
American Express National Bank,
and
Richard Lohmann A K A Richard C Lohmann,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 07/29/2020 09:17 AM INDEX NO. 617074/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/29/2020
SUPREME COURT
COUNTY OF NASSAU STATE OF NEW YORK
------------------------------ ------------------------x
AMERICAN EXPRESS NATIONAL BANK, Index No.: 617074/2019
Plaintiff
STIPULATION OF SETTLEMENT
-against-
RICHARD LOHMANN RICHARD C LOHMANN,
Defendant,
--- --------- ----------------------------------------x
It is hereby stipul ted and agreed by and between the parties that the above case is settled for the sum of $12,600.00
to be paid on the followin(terms:
1. Defendant agree to pay Plaintiff $11,000.00 by January 29, 2020.
2. Defendant is to pay the remaiñiñg balance of $1,600.00 in 1 lump sum payment of $1,600.00 due by February 28,
2020 when the b ance is settled in full.
3. Payments are to bb applied initially to court costs and disbursements and then to the reducticn of principal. Any
payment received above the monthly amount due will be credited but does not relieve the defendant from making
future monthly payments in accordance with the terms set forth above.
4. No interest is to accrue provided there is no default payment under the terms of this agreemeñt.
5. All payments are to be made payable to Zwicker and Associates PC and sent to Zwicker & Associates PC, PO Box
9043, Andover, lyfA, 01810-9043 via U.S. Mail.
6. This stipulation otsettlement shall be filed with the court. Defendant waives objections to service of process and
consents to the jurisdiction of the court.
7. In the event of default, notice of such default will be mailed by ordinary mail to the Deféñdañt at their last known
address and if sudh default remains uncured for ten (10) days then Plaintiff shall be entitled, without further notice,
to enter judgmcñ against the Defendant in the amount listed within the complaint of $35,849.92 plus costs if any,
disbursements, interest, less payments received.
ady
8. Facsimile copies fill be treated as originals with respect to this stipulation of setticment only.
9. If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the
following types of income from being taken to pay the debt:
1. Supplemental security income, (SSI);
2. Social sec rity;
3. Public assistance
(welfare);
4. Spousal support, maintenance (alimony) or child support;
5. Unemployment benefits;
6. Disability benefits;
Workers'
7. compensation benefits;
8. Public or private pensions;
Veterans'
9. benefits;
10. Federal s1udent loans, federal student grants, and federal work study funds; and
11. Ninety percent of your wages or salary earned in the last sixty days.
10. Upon full paymcñt by Defendant in accordance with the terms of this stipulation of settlement, Plaintiff shall file a
notice of discontifjuance with the court. In the event the court requires that a stipulaticñ of discontinuance be filed
regardless of the fact full payment has not been made in accordance with the terms of settlemeñt, then Defcñdañt
consents to ha e e action restored upon motion by Plaintiff in the eve of efault in payment.
RICHARD ÈOHMANN A A RICHARD C LOHMANN JASON V EN, Esq./STEPHANIE M. WALLACE, Esq.
AND ARKIS, Esq./ LIZABETH DEERY, Esq.
L T. WELL, Esq. OSEPH JAKAS, Esq.
Date: ,2 Po AO M
Sworn before me on 3 4 , 2020 Zwicker & Associates PC
A law firm engaged in debt collection
.... Attorneys for Plaintiff
Notary Public Date:
A ROSSOANDRUS
(M( - York
(.. & NotaryPublic Stateof New
NO.01AN6293591
Qualifiedin NassauCounty
MyCommission ExpiresDoc16,2021
1 of 1 RCVDFEB112020
Document Filed Date
July 29, 2020
Case Filing Date
December 09, 2019
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: NASSAU COUNTY CLERK 07/29/2020 09:17 AM INDEX NO. 617074/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/29/2020 SUPREME COURT COUNTY OF NASSAU STATE OF NEW YORK ------------------------------ ------------------------x AMERICAN EXPRESS NATIONAL BANK, Index No.: 617074/2019 Plaintiff STIPULATION OF SETTLEMENT -against- RICHARD LOHMANN RICHARD C LOHMANN, Defendant, --- --------- ----------------------------------------x It is hereby stipul ted and agreed by and between the parties that the above case is settled for the sum of $12,600.00 to be paid on the followin(terms: 1. Defendant agree to pay Plaintiff $11,000.00 by January 29, 2020. 2. Defendant is to pay the remaiñiñg balance of $1,600.00 in 1 lump sum payment of $1,600.00 due by February 28, 2020 when the b ance is settled in full. 3. Payments are to bb applied initially to court costs and disbursements and then to the reducticn of principal. Any payment received above the monthly amount due will be credited but does not relieve the defendant from making future monthly payments in accordance with the terms set forth above. 4. No interest is to accrue provided there is no default payment under the terms of this agreemeñt. 5. All payments are to be made payable to Zwicker and Associates PC and sent to Zwicker & Associates PC, PO Box 9043, Andover, lyfA, 01810-9043 via U.S. Mail. 6. This stipulation otsettlement shall be filed with the court. Defendant waives objections to service of process and consents to the jurisdiction of the court. 7. In the event of default, notice of such default will be mailed by ordinary mail to the Deféñdañt at their last known address and if sudh default remains uncured for ten (10) days then Plaintiff shall be entitled, without further notice, to enter judgmcñ against the Defendant in the amount listed within the complaint of $35,849.92 plus costs if any, disbursements, interest, less payments received. ady 8. Facsimile copies fill be treated as originals with respect to this stipulation of setticment only. 9. If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt: 1. Supplemental security income, (SSI); 2. Social sec rity; 3. Public assistance (welfare); 4. Spousal support, maintenance (alimony) or child support; 5. Unemployment benefits; 6. Disability benefits; Workers' 7. compensation benefits; 8. Public or private pensions; Veterans' 9. benefits; 10. Federal s1udent loans, federal student grants, and federal work study funds; and 11. Ninety percent of your wages or salary earned in the last sixty days. 10. Upon full paymcñt by Defendant in accordance with the terms of this stipulation of settlement, Plaintiff shall file a notice of discontifjuance with the court. In the event the court requires that a stipulaticñ of discontinuance be filed regardless of the fact full payment has not been made in accordance with the terms of settlemeñt, then Defcñdañt consents to ha e e action restored upon motion by Plaintiff in the eve of efault in payment. RICHARD ÈOHMANN A A RICHARD C LOHMANN JASON V EN, Esq./STEPHANIE M. WALLACE, Esq. AND ARKIS, Esq./ LIZABETH DEERY, Esq. L T. WELL, Esq. OSEPH JAKAS, Esq. Date: ,2 Po AO M Sworn before me on 3 4 , 2020 Zwicker & Associates PC A law firm engaged in debt collection .... Attorneys for Plaintiff Notary Public Date: A ROSSOANDRUS (M( - York (.. & NotaryPublic Stateof New NO.01AN6293591 Qualifiedin NassauCounty MyCommission ExpiresDoc16,2021 1 of 1 RCVDFEB112020