Preview
FILED: LIVINGSTON COUNTY CLERK 08/27/2019 01:31 PM INDEX NO. 000446-2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/27/2019
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
FILED: LIVINGSTON COUNTY CLERK 08/27/2019 01:31 PM INDEX
Index NO.
# 000446-2019
: 000446-2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/27/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LIVINGSTON
INDEX NUMBER 000446-2019
CAPITAL ONE BANK (USA), N.A.
PLAINTIFF, FILE NO. N446158
-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 this Court and admits to the serviceof the summons and
complaint.
2. Consumer hereby waives any and alloffsets,defenses and/or counterclaims.
3. Consumer agrees to pay toCreditor in fullsettlement of account number ending in 9722 (the
"Account") the amount of $800.00 pursuant to the repayment schedule set forth inthis Agreement.
4. All payments shall be made payable to CAPITAL ONE BANK (USA), N.A. Consumer may forward
payments to Selip & Stylianou, LLP, P.O. Box 9001, Woodbury, NY 1 1797-9001, or pay online at
www.seliplaw.com, or by calling (866) 848-8975. All payments are subject to collection.
5. In the event that the Consumer shall default in making any of the payments required hereunder, then
Creditor shall mail written notice of the default to the Consumer's attorney. Ifthe default remains
uncured for ten (10) days from the mailing of the notice, then the entire amount claimed in the
complaint, less a credit against same for any payments made hereunder, shallimmediately be due and
payable at the option of theCreditor and without further notice and demand. Insuch an event, Creditor
may request that the court enter judgment fbr the amount requested inthe complaint, lessa credit for any
payments made pursuant to thisAgreement. The request for judgment may include principal, interest,
applicable costs, and disbursements as permitted by law.
6. Once Creditor receives the full amount Consumer has agreed topay pursuant to thisAgreement,
Creditor will provide to Consumer written confirmation that the Account issettled Ibr the amount agreed
to and a Stipulation of Discontinuance with prejudice.
7. Pursuant to NY CPLR R. 210I(e), the parties authorize the court to filea copy, facsimile, or
electronically-signed copy of this document in lieu of the original.
Page 1 of 3
2 of 4
FILED: LIVINGSTON COUNTY CLERK 08/27/2019 01:31 PM INDEXIndexNO.
#: 000446-2019
000446-2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/27/2019
Repayment Schedule
PAYMENT PAYMENT PAYMENT
NUMBER DATE AMOUNT
1. 08/26/2019 $50.00
2. 09/26/2019 $50.00
3. 10/26/2019 $50.00
4.| 11/26/2019 $50.00
5. 12/26/2019 $50.00
6. 01/26/2020 $50.00
7. 02/26/2020 $50.00
8. 03/26/2020 $50.00
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
15. 10/26/2020 $50.00
11/26/2020 $50.00
Page 2 of 3
3 of 4
FILED: LIVINGSTON COUNTY CLERK 08/27/2019 01:31 PM INDEXIndex NO.
#: 000446-2019
000446-2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/27/2019
8. Upon signing of thisagreement, Consumer releases and discharges Creditor, itsagents, and its
attorneys, including Selip & Stylianou, LLP (the"Releasees"), from allclaims of any kind, including
violations under the Fair Debt Collection Practices Act and applicable state laws, that the Consumer may
have with respect tothe Account, including allclaims that were asserted or could have been asserted in
thisaction and any claims stemming from debt collection efforts of Releasees. Upon payment of all
amounts due pursuant to this Agreement, the Creditor releases and discharges the Consumer 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 forththeir hands and seals on the date herein
above written.
x
Frank J. orgese, Esq.
Attorney for Consumer (Signature Above)
Lato a 1 unear Usg.
Selip & Styhanon, LLP
Attorneys forCreditor
File No. N446158
*------Page 3 of3 --*
4 of 4
Preview
FILED: LIVINGSTON COUNTY CLERK 08/27/2019 01:31 PM INDEX NO. 000446-2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/27/2019 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 FILED: LIVINGSTON COUNTY CLERK 08/27/2019 01:31 PM INDEX Index NO. # 000446-2019 : 000446-2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON INDEX NUMBER 000446-2019 CAPITAL ONE BANK (USA), N.A. PLAINTIFF, FILE NO. N446158 -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 this Court and admits to the serviceof the summons and complaint. 2. Consumer hereby waives any and alloffsets,defenses and/or counterclaims. 3. Consumer agrees to pay toCreditor in fullsettlement of account number ending in 9722 (the "Account") the amount of $800.00 pursuant to the repayment schedule set forth inthis Agreement. 4. All payments shall be made payable to CAPITAL ONE BANK (USA), N.A. Consumer may forward payments to Selip & Stylianou, LLP, P.O. Box 9001, Woodbury, NY 1 1797-9001, or pay online at www.seliplaw.com, or by calling (866) 848-8975. All payments are subject to collection. 5. In the event that the Consumer shall default in making any of the payments required hereunder, then Creditor shall mail written notice of the default to the Consumer's attorney. Ifthe default remains uncured for ten (10) days from the mailing of the notice, then the entire amount claimed in the complaint, less a credit against same for any payments made hereunder, shallimmediately be due and payable at the option of theCreditor and without further notice and demand. Insuch an event, Creditor may request that the court enter judgment fbr the amount requested inthe complaint, lessa credit for any payments made pursuant to thisAgreement. The request for judgment may include principal, interest, applicable costs, and disbursements as permitted by law. 6. Once Creditor receives the full amount Consumer has agreed topay pursuant to thisAgreement, Creditor will provide to Consumer written confirmation that the Account issettled Ibr the amount agreed to and a Stipulation of Discontinuance with prejudice. 7. Pursuant to NY CPLR R. 210I(e), the parties authorize the court to filea copy, facsimile, or electronically-signed copy of this document in lieu of the original. Page 1 of 3 2 of 4 FILED: LIVINGSTON COUNTY CLERK 08/27/2019 01:31 PM INDEXIndexNO. #: 000446-2019 000446-2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/27/2019 Repayment Schedule PAYMENT PAYMENT PAYMENT NUMBER DATE AMOUNT 1. 08/26/2019 $50.00 2. 09/26/2019 $50.00 3. 10/26/2019 $50.00 4.| 11/26/2019 $50.00 5. 12/26/2019 $50.00 6. 01/26/2020 $50.00 7. 02/26/2020 $50.00 8. 03/26/2020 $50.00 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 15. 10/26/2020 $50.00 11/26/2020 $50.00 Page 2 of 3 3 of 4 FILED: LIVINGSTON COUNTY CLERK 08/27/2019 01:31 PM INDEXIndex NO. #: 000446-2019 000446-2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/27/2019 8. Upon signing of thisagreement, Consumer releases and discharges Creditor, itsagents, and its attorneys, including Selip & Stylianou, LLP (the"Releasees"), from allclaims of any kind, including violations under the Fair Debt Collection Practices Act and applicable state laws, that the Consumer may have with respect tothe Account, including allclaims that were asserted or could have been asserted in thisaction and any claims stemming from debt collection efforts of Releasees. Upon payment of all amounts due pursuant to this Agreement, the Creditor releases and discharges the Consumer 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 forththeir hands and seals on the date herein above written. x Frank J. orgese, Esq. Attorney for Consumer (Signature Above) Lato a 1 unear Usg. Selip & Styhanon, LLP Attorneys forCreditor File No. N446158 *------Page 3 of3 --* 4 of 4