StipulationCal. Super. - 3rd Dist.August 3, 2017A Z O E P A T E N A U D E & FE LI X, AP C - A T T O R N E Y S A T L A W 45 45 M U R P H Y C A N Y O N R O A D , 3% ) F L O O R SA N DI EG O, CA 92 12 3 TE LE : (8 58 ) 24 4- 76 00 FA X: (8 58 ) 83 6- 03 18 10 11 13 | 14 15 16 17|| 18 19 * |’ jurisdiction and power to set aside dismissal and enter judgment upon showing failure of Defindant to complete 2 24 23 26 7 (28. | Tele: (858) 244-7600 Fax: (858) 836-0318 12 wins © | LAW OFFICES OF | PATENAUDE & FELIX, A.P.C. Michael R. Boulanger, Esq. (#226294) ELED Michael D. Kahn, Esq. (#236898) SUPERIOR COURT OF CALIFORNIA Stephanie J. Boone, Esq. (#160182) : COUNTY OF PLACER Jeffrey W. Speights, Esq. (#265206) SEP 27 2017 Jessica F, Flynn, Esq. (#270304) JAKE CHATTERS EXECUTIVE OFFICER & CLERK By: C. Vallan-Brown, Deputy O% 4545 Murphy Canyon Road, 3rd Floor San Diego, California 92123 Attorneys for Plaintiff NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2, A DELAWARE STATUTORY TRUST(S) . SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER, PLACER DIVISION - UNLIMITED CIVIL CASE “NATIONAL COLLEGIATE STUDENT Case No. SCV0039813 SuSE IRS 3 DELAWARE CONDITIONAL STIPULATED | ST , _ | SETTLEMENT Plaintiff, Vv. MARCIA A LANOIE, PHILIP G LANOIE and DOES 1 through 15, inclusive, - Defendant(s). IT IS HEREBY STIPULATED by and between Plaintiff NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2, A DELAWARE STATUTORY TRUST(S), (hereinafter "PLAINTIFF"), and Defendant Marcia A Lanoie, (heremafter "DEFENDANT"), and jointly referred to as the "PARTIES", that: Judgment is to be granted in favor of PLAINTIFF as described in Paragraph 1; Judgment entry is to be stayed | to allow for DEFENDANT to complete settlement terms delineated in Paragraphs 4-8.; That while entry of the >| stipulated judgment is stayed, the above entitled case be dismissed without prejudice, reserving this Court's settlement terms. STIPULATED JUDGMENT 1. By the authorized signatures below, the parties herein agree and acknowledge that the Judgment shall be entered in favor of PLAINTIFF, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2,.A DELAWARE STATUTORY TRUST(S) and against DEFENDANT, Marcia A Lanoie in the following | amounts: 1 \l-2eer CONDITIONAL STIPULATED SETTLEMENT CA_62 Stipulation P&F File No. 17-27934 pe rm en an t r e r e P A T E N A U D E & F E L I X , A P C A T T O R N E Y S A T L A W 45 45 M U R P H Y C A N Y O N RO AD , 3® ” F L O O R SA N DI EG O, CA 92 12 3 TE LE : (8 58 ) 24 4- 76 00 FA X: (8 58 ) 83 6- 03 18 10 11 12 13 14 15 16 17 18} 19 20 21 22 23 24 25 26 27 28 i i ©) sai a Oo (1) Principal in the amount of $45,304.26 (2) costs in the amount of $502.50; (3) final Judgment amount shall reflect credits for any and all amount paid to PLAINTIFF by DEFENDANT towards the balance owed in this case. Total amount of Judgment shall equal $45,806.76 less credits for any and all payments received. STAY ON ENTRY OF JUDGMENT 2. The Parties herein stipulate, agree, and acknowledge that entry of the above Judgment shall be stayed, and that no Judgment shali be entered provided that said DEFENDANT timely and properly makes all payments in the matter herein provided. 3. It is further stipulated that the above entitled case be dismissed without prejudice, reserving this Court's jurisdiction and power to set aside said dismissal and enter judgment upon showing of default of the terms of this Stipulation, as outlined below: CONDITIONAL STIPULATED SETTLEMENT 4. The Parties herein stipulate, agree and acknowledge that the above entitled Court shall dismiss this action without prejudice, as to DEFENDANT, and further agree that this Court, at the request of PLAINTIFF, and without any further notice to DEFENDANT, may reopen the case, resume jurisdiction under California Code of Civil Procedure section 664.6, to enter judgment as outlined in Paragraph 1 above, upon a showing of DEFENDANT failure to comply with the terms of payment below. The PARTIES further stipulate and agree to, and do, waive all statutes of limitations and any other legal impediment or bar to this Court retaking jurisdiction of this case under the circumstances set forth above. STIPULATION BALANCE AND METHOD OF REPAYMENT 5. It is stipulated by and between the PARTIES that the DEFENDANT shall pay PLAINTIFF the sum of $45,739.26 as full resolution of this lawsuit pertaining to account number XXXXX8872-001-PHEA. Further, it is stipulated that DEFENDANT will forward, to PLAINTIFF, DEFENDANT first appearance fee, in a separate check in the amount of $435.00 made payable to the "CLERK OF THE COURT". Said fee will be utilized for the filing of this Stipulation. ‘ff 2 CONDITIONAL STIPULATED SETTLEMENT CA_62 Stipulation P&F File No. 17-27934 p e c t i n p s P A T E N A U D E & F E L I X , A P C A T T O R N E Y S ‘A T L A W 45 45 M U R P H Y C A N Y O N RO AD , 3“ ” FL OO R SA N DI EG O, CA 92 12 3 TE LE : (8 58 ) 24 4- 76 00 FA X: (8 58 ) 83 6- 03 18 10 11 12] 13 14 15 16 17 18 19 20 21 22 23 24 25 26 “27 28 © iss a oO 6. It is stipulated that DEFENDANT Marcia A Lanoie shall pay to PLAINTIFF the total sum of $45,739.26, on the following terms: One Time Payment made via: Personal Check for $50.00 on: 08/23/2017 THEN Monthly Payments made via: Personal Check for $50.00 beginning: 09/25/2017 FINAL PAYMENT made via: Personal Check for $44,839.26 on 02/25/2019. 7. It is stipulated by and between the PARTIES that each of the above-described payments shall be in the form of a check or money order made payable to "NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2, A DELAWARE STATUTORY TRUST(S)", and shall be delivered to the Law Offices of Patenaude & Felix, A.P.C:, 4545 Murphy Canyon Road Third Floor San Diego CA 92123. 8. Time is of the essence of this Stipulation and the payments due hereunder. DEFAULT IN REPAYMENT TERMS 9. Inthe event DEFENDANT fails to make any payment by its respective due date, and upon Declaration of PLAINTIFF or Plaintiff's Attorney regarding said default, the Court shall set aside the dismissal without prejudice, resume jurisdiction over the matter, and enter a Judgment in favor of PLAINTIFF and against DEFENDANT as agreed in Paragraph 1 of this stipulation. WAIVER OF RIGHT TO TRIAL OR FURTHER CONTEST 10. DEFENDANT understands that in signing this document the right to a trial or to further contest is waived, and agrees that the full amount of the Stipulated Judgment in Paragraph 1 of this Stipulation is owed by DEFENDANT to PLAINTIEF. , 11. The parties to this Agreement are aware of Greentree Financial Group, Inc. v. Execute Sports, Inc. (2008) 163 Cal.App. 4th 495 and specifically and directly waive any and all ‘| restrictions on the parties’ rights to enter into this Agreement, wherein PLAINTIFF shail be pennitted to obtain a judgment as agreed in Paragraph 1 of this stipulation in the event of a default on the settlement payment plan. Mit ~ f/f 3 CONDITIONAL STIPULATED SETTLEMENT CA_62 Stipulation P&F File No. 17-27934 10} iy 13 SA N DI EG O. CA 9Z I2 3. “T EL E: (8 58 ) 24 4- 76 00 FA X: (8 58 ). S E N S I S : 16 PA TE NA UD E & FE LI X, AP C A T T O R N E Y S A T ' L A W . 45 45 MU RP HY CA NY ON RO AD : 3" FL OO R 18 1 20) 21 E b 25 26 27. 28 o Pe M R ew e w 42] 14] 15] TH 221 © 12. This Stipulation shall be construed according to the laws of the State of Califoriia. 13. This Stipulation may be executed in countérpartt and/or by duplicate original, and. facsimile. copies of signatures shall be as binding and effective as original signatures. DATED: j- b+! / s Marist H@eby F ax parep,__7: /B 7 ths Authorized Agent for Plaintiff NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2, A DELAWARE STATUTORY TRUST(S)" Pritt Name: Dudley Turner File by Fax 4 CONDITIONAL STIPULATED SETTLEMENT CA_62 Stipulation . Pack HHile No. 17-27934
