Filed: Apr. 04, 2014
Latest Update: Apr. 04, 2014
Summary: FROST, District Judge. CONSENT JUDGMENT ENTRY WHEREAS, this matter came before the Court on the Complaint [Docket 1] filed by Plaintiff UBS Bank USA ("Plaintiff") against Defendant Jacqueline A. Katz ("Defendant," and together with Plaintiff, the "Parties") on June 10, 2013; WHEREAS, the Court has been advised that the Parties wish to enter into this Consent Judgment Entry (the "Judgment") in order to resolve the claims set forth in the Complaint; WHEREAS, the Parties hereby STIPULATE and
Summary: FROST, District Judge. CONSENT JUDGMENT ENTRY WHEREAS, this matter came before the Court on the Complaint [Docket 1] filed by Plaintiff UBS Bank USA ("Plaintiff") against Defendant Jacqueline A. Katz ("Defendant," and together with Plaintiff, the "Parties") on June 10, 2013; WHEREAS, the Court has been advised that the Parties wish to enter into this Consent Judgment Entry (the "Judgment") in order to resolve the claims set forth in the Complaint; WHEREAS, the Parties hereby STIPULATE and ..
More
FROST, District Judge.
CONSENT JUDGMENT ENTRY
WHEREAS, this matter came before the Court on the Complaint [Docket 1] filed by Plaintiff UBS Bank USA ("Plaintiff") against Defendant Jacqueline A. Katz ("Defendant," and together with Plaintiff, the "Parties") on June 10, 2013;
WHEREAS, the Court has been advised that the Parties wish to enter into this Consent Judgment Entry (the "Judgment") in order to resolve the claims set forth in the Complaint;
WHEREAS, the Parties hereby STIPULATE and AGREE, and the Court hereby FINDS as follows:
1. Defendant executed the Account Services Selection Agreement, a copy of which is attached to the Complaint as Exhibit A;
2. Pursuant to that Agreement, Defendant applied for and obtained a UBS Visa Signature credit card issued by Juniper Bank, and agreed, among other things, that any UBS Visa Signature credit card issued to her would be governed by the terms of a separate Credit Card Cardholder Agreement, a copy of which is attached to the Complaint as Exhibit B;
3. Juniper Bank approved Defendant's application and, in or around November 2006, issued to her a UBS Visa Signature credit card, account number ending in 0901 (the "Account");
4. Juniper Bank subsequently sold and/or assigned to Barclays Bank a portfolio of UBS Visa Signature credit card accounts, which included Defendant's Account (the "Credit Card Portfolio"). Barclays Bank, in turn, later sold and/or assigned the Credit Card Portfolio, including Defendant's Account, to UBS Bank. Accordingly, Defendant currently maintains the Account with Plaintiff, and Plaintiff owns all rights and interests as the creditor under the Cardholder Agreement and/or the Account;
5. Among other provisions, the Cardholder Agreement requires Defendant to timely pay Plaintiff a minimum monthly invoice for credit advanced by Plaintiff to Defendant under the Account;
6. The Cardholder Agreement further provides that, in the event that Defendant fails to make such minimum monthly payments by the payment due date specified in the monthly invoices, the entire outstanding balance owed under the Account is accelerated such that it becomes immediately due and payable in full;
7. At the time of filing the Complaint, there was an outstanding balance due and owing from Defendant to Plaintiff in the amount of $82,303.31, in addition to interest, attorneys' fees, and other expenses due under the Cardholder Agreement; and
8. The amount due and owing under the Cardholder Agreement remains unpaid.
Now, therefore, based upon the foregoing FINDINGS, to which the Parties hereby STIPULATE and AGREE, it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff is entitled to judgment against Defendant in the amount of $82,303.31.
It is further ORDERED, ADJUDGED, AND DECREED that interest shall accrue on the Judgment at the rate of 5% per annum from the date of this Judgment.
IT IS SO ORDERED.
