Preview
FILED: LIVINGSTON COUNTY CLERK 08/19/2019 03:29 PM INDEX NO. 000446-2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/19/2019
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
fl A ÏÏ Geneseo, New York 14454
182' ~
(585) 243-7010 Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
MITCHELL G. SLAMOWITZ MITCHELL G. SLAMOWITZ
199 CROSSWAYS PARK DRIVE 199 CROSSWAYS PARK DRIVE
WOODBURY, NY 11797 WOODBURY, NY 11797
Document Type: STIPULATION SETTLEMENT Document Desc: STIPULATION -
SETTLEMENT (PRE RJI)
Plaintiff Defendant
CAPITAL ONE BANK (USA), N.A. VALES CAROLYNN
Recorded Information:
State of New York
Index #: 000446-2019
County of Livingston
Stipulation Sett|êment $35.00
EFiling through NYSCEF
Livingston County Clerk
This sheet cons+!tutesthe Clerk's endomement equimd by section 319 of the Real Property Law ofthe State ofNew York
AKB
Do Not
1 ofDetach
4
Index
INDEX #
NO.: 000446-2019
000446-2019
FILED:
t/O
LIVINGSTON COUNTY CLERK 08/19/2019 03:29 PM
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/19/2019
SUPRBME COURT OF THE STATE OF NEW YORK
COtWrY OF LIVINGSTON
INDEX NU MBER 000446-2010
CAPITAL ONE BANK (USA), N.A.
PLAINTIFF, FILE NO. N446t58
-AGAINST-
CAROLYNN VALES
DEFENDANT(S).
FORBEARANCE AGREEMENT AND STIPULATION OF SETTLEMENT
THIS AGREEMENT ismade on August 1, 2019, between CAPITAL ONE BANK (USA), N.A. (the
"Creditor") and Carolynn Vales (the"Consumer").
l. Consumer consents to thejurisdiction of thisCourt and admits to the serviceof the summona and
complaint.
2. Consumer hereby waives any and alloffsets, defenses and/or cosiscisists.
3. Consumer agrees to pay to Creditor in fullsettlement of accoüiitnumber ending in9722 (the
"Account") the amount of $800.00 pursuant to the repayment schedule set forthin this Agreement.
4. All payments shallbe made payable to CAPITAL ONE BANK (USA), N.A. Consumer may forward
payments to Selip & Stylianou, LLP, P.O. Box 9001, Woodbury, NY I 1797-9001, orpay online at
www.seliplaw.com, or by calling (866) 848-8975. All payments are subject to collection.
5. In the event that the Camamer shalldefault in making any of thepayments required hemunder, then
Creditor shall mail written notice of the default to the Consumet's attorney.Ifthe default remains
uncured for ten (10) days ftom the mailing of the notice, then the entireamount claimed inthe
comphEt, lessa credit against same forany payments made hereunder, shalliñimediëtely be due and
payable at theoption of the Creditor and without fi rthernotice and demand. In such an event, Creditor
may request thatthe court enter judgment for theamount requested in thecomplaint. less a credit forany
payments made pursuant to thisAgreement. The request forjudgment may include principal, interest,
applicable costs, and disbursements as permitted by law.
6. Once Creditor receives the fullamount Consumer has agreed to pay pursuant to thisAgreement,
Creditor will provide to Corisümer written confirmation that theAccount issettled for the emoun! agreed
to and a Stipulation of Discontinuance with prejudico.
7. Pursuant to NY CPLR R. the
2 10 l (e), parties nuthorize the court to filea copy, facsimile, or
electronically-signed copy of thisdocument in lieu ofthe original.
Page I of3
2 of 4
Index#:000446-2019
INDEX NO. 000446-2019
FILED:
:/ O
LIVINGSTON COUNTY CLERK 08/19/2019 03:29 PM
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/19/2019
Repayment Schedule
PAYMENT PAYMENT PAYMENT
NUMBER DATE AMOUNT
1. 08/26/2019 $50.00
2, 09/20/2019 $50.00
3. 10/26/2019 $50.00
4. 11/26/2019 $50.00
5. $2/26/2019 $50,00
6. 01/26/2020 $50,00
7. 02/26/2020 $50.00
5. 03/26/2020 $80.00
9. 04/26/2020 $50,00
10. 05/26/2020 $50.00
11. 06/26/2020 $50.00
12. 07/26/2020 $50.00
13. 08/26/2020 $50.00
14. 09/26/2020 $50.00
i5. 10/26/2020 $50.00
16, 11/26/2020 $80.00
Page 2 of 3
3 of 4
FILED: LIVINGSTON COUNTY CLERK 08/19/2019 03:29 PM INDEXIndex NO.
#: 000446-2019
000446-2019
/ O
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/19/2019
8, Upon signing of this agreement, Consumer releases and discharges Creditor, itsagents, and its
attorneys, including Selip & Stylianou, LLP (the"Releasees"), from allclaims ofany kind, including
Practices Act Consumci·
violations under the Fair Debt CGilêcticñ and applicable statelaws, that the may
have with respect tothe Account, including allclaims that were asserted or could have been asserted in
thisaction and any claims stemmi-:; from debt callection effortsof Releasees. Upon payment of all
amounts due punuunt to thisAgreement, the Creditor releases and discharges the Censumer from all
claims of any kind, both known and unknown, that the Creditor may have with respect to the Account,
including allclaims that were asserted or could have been asserted in this action.
In witness whereof, the parties hereto have set forththeirhands and sealson thedate herein
above written.
Frank J. Orhese, Esq.
Attorney for Consumer (Signature Above) .. .
La VDunc , As
Selip ICLLP
Attorneys for Creditor
File No. N446158
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Preview
FILED: LIVINGSTON COUNTY CLERK 08/19/2019 03:29 PM INDEX NO. 000446-2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/19/2019 Mary F. Strickland , County Clerk Livingston County Government Center 6 Court Street, Room 201 fl A ÏÏ Geneseo, New York 14454 182' ~ (585) 243-7010 Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: MITCHELL G. SLAMOWITZ MITCHELL G. SLAMOWITZ 199 CROSSWAYS PARK DRIVE 199 CROSSWAYS PARK DRIVE WOODBURY, NY 11797 WOODBURY, NY 11797 Document Type: STIPULATION SETTLEMENT Document Desc: STIPULATION - SETTLEMENT (PRE RJI) Plaintiff Defendant CAPITAL ONE BANK (USA), N.A. VALES CAROLYNN Recorded Information: State of New York Index #: 000446-2019 County of Livingston Stipulation Sett|êment $35.00 EFiling through NYSCEF Livingston County Clerk This sheet cons+!tutesthe Clerk's endomement equimd by section 319 of the Real Property Law ofthe State ofNew York AKB Do Not 1 ofDetach 4 Index INDEX # NO.: 000446-2019 000446-2019 FILED: t/O LIVINGSTON COUNTY CLERK 08/19/2019 03:29 PM NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/19/2019 SUPRBME COURT OF THE STATE OF NEW YORK COtWrY OF LIVINGSTON INDEX NU MBER 000446-2010 CAPITAL ONE BANK (USA), N.A. PLAINTIFF, FILE NO. N446t58 -AGAINST- CAROLYNN VALES DEFENDANT(S). FORBEARANCE AGREEMENT AND STIPULATION OF SETTLEMENT THIS AGREEMENT ismade on August 1, 2019, between CAPITAL ONE BANK (USA), N.A. (the "Creditor") and Carolynn Vales (the"Consumer"). l. Consumer consents to thejurisdiction of thisCourt and admits to the serviceof the summona and complaint. 2. Consumer hereby waives any and alloffsets, defenses and/or cosiscisists. 3. Consumer agrees to pay to Creditor in fullsettlement of accoüiitnumber ending in9722 (the "Account") the amount of $800.00 pursuant to the repayment schedule set forthin this Agreement. 4. All payments shallbe made payable to CAPITAL ONE BANK (USA), N.A. Consumer may forward payments to Selip & Stylianou, LLP, P.O. Box 9001, Woodbury, NY I 1797-9001, orpay online at www.seliplaw.com, or by calling (866) 848-8975. All payments are subject to collection. 5. In the event that the Camamer shalldefault in making any of thepayments required hemunder, then Creditor shall mail written notice of the default to the Consumet's attorney.Ifthe default remains uncured for ten (10) days ftom the mailing of the notice, then the entireamount claimed inthe comphEt, lessa credit against same forany payments made hereunder, shalliñimediëtely be due and payable at theoption of the Creditor and without fi rthernotice and demand. In such an event, Creditor may request thatthe court enter judgment for theamount requested in thecomplaint. less a credit forany payments made pursuant to thisAgreement. The request forjudgment may include principal, interest, applicable costs, and disbursements as permitted by law. 6. Once Creditor receives the fullamount Consumer has agreed to pay pursuant to thisAgreement, Creditor will provide to Corisümer written confirmation that theAccount issettled for the emoun! agreed to and a Stipulation of Discontinuance with prejudico. 7. Pursuant to NY CPLR R. the 2 10 l (e), parties nuthorize the court to filea copy, facsimile, or electronically-signed copy of thisdocument in lieu ofthe original. Page I of3 2 of 4 Index#:000446-2019 INDEX NO. 000446-2019 FILED: :/ O LIVINGSTON COUNTY CLERK 08/19/2019 03:29 PM NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/19/2019 Repayment Schedule PAYMENT PAYMENT PAYMENT NUMBER DATE AMOUNT 1. 08/26/2019 $50.00 2, 09/20/2019 $50.00 3. 10/26/2019 $50.00 4. 11/26/2019 $50.00 5. $2/26/2019 $50,00 6. 01/26/2020 $50,00 7. 02/26/2020 $50.00 5. 03/26/2020 $80.00 9. 04/26/2020 $50,00 10. 05/26/2020 $50.00 11. 06/26/2020 $50.00 12. 07/26/2020 $50.00 13. 08/26/2020 $50.00 14. 09/26/2020 $50.00 i5. 10/26/2020 $50.00 16, 11/26/2020 $80.00 Page 2 of 3 3 of 4 FILED: LIVINGSTON COUNTY CLERK 08/19/2019 03:29 PM INDEXIndex NO. #: 000446-2019 000446-2019 / O NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/19/2019 8, Upon signing of this agreement, Consumer releases and discharges Creditor, itsagents, and its attorneys, including Selip & Stylianou, LLP (the"Releasees"), from allclaims ofany kind, including Practices Act Consumci· violations under the Fair Debt CGilêcticñ and applicable statelaws, that the may have with respect tothe Account, including allclaims that were asserted or could have been asserted in thisaction and any claims stemmi-:; from debt callection effortsof Releasees. Upon payment of all amounts due punuunt to thisAgreement, the Creditor releases and discharges the Censumer from all claims of any kind, both known and unknown, that the Creditor may have with respect to the Account, including allclaims that were asserted or could have been asserted in this action. In witness whereof, the parties hereto have set forththeirhands and sealson thedate herein above written. Frank J. Orhese, Esq. Attorney for Consumer (Signature Above) .. . La VDunc , As Selip ICLLP Attorneys for Creditor File No. N446158 *.-. page3 of3 ----* 4 of 4