Preview
FILED: ONONDAGA COUNTY CLERK 07/17/2023 11:37 AM INDEX NO. 005442/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
.....- .-.._ _
Bankers Healthcare Group, LLC,
Plaintiff STIPULATION OF
SETTLEMENT
vs. 005442/2023
TAMMY J. DUFFIELD D/B/A FYI FINDS LLC
& TAMMY J. DUFFIELD
Defendants
STIPULATION OF SETTLEMENT PURSUANT TO CPLR §3215(i)
WHEREAS, Plaintiff commenced an action by Summons with Verified Complaint filed against
Defendants TAMMY J. DUFFIELD D/B/A FYI FINDS LLC and TAMMY J. DUFFIELD for
breach of financing agreement and breach of personal guaranty; and
WHEREAS, the parties wish to enter into a Stipulation of Settlement enforceable pursuant to
the terms of CPLR §2104 and §3215(i), providing for the remedy of entry of immediate
judgment should Defendants default under the terms of this Stipulation.
NOW THEREFORE, in consideration of the covenants contained herein and other good and
valuable consideration, the parties stipulate as follows:
1. The foregoing recitals are incorporated herein as if set forth at length.
2. Defendants hereby appear in this action and submit to the jurisdiction of this Court and
acknowledge they have been properly served.
3. Defendants hereby acknowledge they are justly indebted to Plaintiff in the sum set forth
in the Complaint plus agreed upon interest and attorney fees, without dispute, offset,
counterclaim, or defense of any kind whatsoever. Said debt is due pursuant to the financing
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FILED: ONONDAGA COUNTY CLERK 07/17/2023 11:37 AM INDEX NO. 005442/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2023
agreement and personal guaranty executed by Defendants and attached to the Complaint filed in
this action, the terms and conditions of which continue in full force and effect and which
continue to apply to the repayment set forth herein, with the exception of any terms specifically
altered herein.
4. In consideration for Plaintiff's agreement to forebear further proceedings against
Defendants in this matter, and in settlement of all said claims set forth in the Complaint,
Defendants promise to pay to the Plaintiff, their successors and/or assigns, the sum of $62,075.58
plus interest thereon as set forth in the payment schedule attached hereto which is incorporated
herein. Said payments shall be made to Bankers Healthcare Group LLC via Automated Clearing
House (ACH) and Defendant agrees to complete all requirements to enable said ACH payment,
including any and all ACH authorizations requested by Plaintiff.
5. In the event the full balance due, plus interest, as set forth above is paid in full, Plaintiff
may, in its sole discretion, waive the per diem interest charges set forth as the last payment in the
attached payment schedule. If Defendants default on the terms of payment set forth in the
attached payment schedule the per diem interest amount as well as any remaining amounts owed
shall remain due and owing and may be included in any judgment sought against the Defendants.
Nothing in this paragraph shall imply that Plaintiff is obligated to waive any interest charges
owed.
6. If any of the foregoing settlement terms shall not be met, including but not limited to,
payment by ACH, Plaintiff shall be entitled to file with the Onondaga County Clerk's office,
without further notice, an Affidavit of Failure to Comply with the terms hereof, together with a
copy of this Stipulation of Settlement and the Clerk shall enter judgment against Defendants for
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FILED: ONONDAGA COUNTY CLERK 07/17/2023 11:37 AM INDEX NO. 005442/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2023
the sum set forth in the Complaint, minus any amounts previously paid, together with interest
thereon, actual attorney fees and costs.
7. If any of the foregoing settlement terms shall not be met, including but not limited to,
payment by ACH, Plaintiff shall be entitled to file with the Onondaga County Clerk's office,
without further notice, an Affidavit of Failure to Comply with the terms hereof, together with a
copy of this Stipulation of Settlement and the Clerk shall enter judgment against Defendants for
the sum set forth in the Complaint, minus any amounts previously paid, together with interest
thereon, actual attorney fees and costs.
8. In the event the full principal balance due as set forth in the complaint is paid in full,
Plaintiff may, in its sole discretion, waive the per diem interest charges as set forth in the
complaint.
9. Any failure by Plaintiff to exercise any of its rights hereunder shall not be considered a
waiver of Plaintiff's rights to do so and Plaintiff reserves the right to enforce any provision
herein at any time.
10. Upon full payment being made as herein indicated, Plaintiff shall file a Stipulation of
Discontinuance with the Onondaga County Clerk.
11. The parties stipulate and agree that in the event it becomes necessary for Plaintiff to
commence further legal proceedings to enforce the terms of this Stipulation or any judgment
entered thereon, Defendants agree to reimburse Plaintiff for the costs of said legal proceedings,
including reasonable attorney fees incurred.
12. The venue of any action arising out of the terms herein shall be in the New York State
Supreme Court in Onondaga County, New York.
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13. This Stipulation shall constitute the entire agreement between the parties and may not be
varied except by a writing duty executed by both parties.
I4. This Stipulation is not for the puÆose of securing the Plaintiff against any contingent
liability. This Stipulation may be executed in counterparts.
BANKERS HEALTHCARE GROUP, LLC
Dated: , 2023
Christopher J. Cali, Esq.
CJC Law Office
Attorney for Plaintiff
Dated: , 2(}23
TAMMY J. DUFFIELD Individually and
TAMMY J. DUFFIELD D/B/A FYI FINDS LLC
Defendant
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Preview
FILED: ONONDAGA COUNTY CLERK 07/17/2023 11:37 AM INDEX NO. 005442/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA .....- .-.._ _ Bankers Healthcare Group, LLC, Plaintiff STIPULATION OF SETTLEMENT vs. 005442/2023 TAMMY J. DUFFIELD D/B/A FYI FINDS LLC & TAMMY J. DUFFIELD Defendants STIPULATION OF SETTLEMENT PURSUANT TO CPLR §3215(i) WHEREAS, Plaintiff commenced an action by Summons with Verified Complaint filed against Defendants TAMMY J. DUFFIELD D/B/A FYI FINDS LLC and TAMMY J. DUFFIELD for breach of financing agreement and breach of personal guaranty; and WHEREAS, the parties wish to enter into a Stipulation of Settlement enforceable pursuant to the terms of CPLR §2104 and §3215(i), providing for the remedy of entry of immediate judgment should Defendants default under the terms of this Stipulation. NOW THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the parties stipulate as follows: 1. The foregoing recitals are incorporated herein as if set forth at length. 2. Defendants hereby appear in this action and submit to the jurisdiction of this Court and acknowledge they have been properly served. 3. Defendants hereby acknowledge they are justly indebted to Plaintiff in the sum set forth in the Complaint plus agreed upon interest and attorney fees, without dispute, offset, counterclaim, or defense of any kind whatsoever. Said debt is due pursuant to the financing 1 of 4 FILED: ONONDAGA COUNTY CLERK 07/17/2023 11:37 AM INDEX NO. 005442/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2023 agreement and personal guaranty executed by Defendants and attached to the Complaint filed in this action, the terms and conditions of which continue in full force and effect and which continue to apply to the repayment set forth herein, with the exception of any terms specifically altered herein. 4. In consideration for Plaintiff's agreement to forebear further proceedings against Defendants in this matter, and in settlement of all said claims set forth in the Complaint, Defendants promise to pay to the Plaintiff, their successors and/or assigns, the sum of $62,075.58 plus interest thereon as set forth in the payment schedule attached hereto which is incorporated herein. Said payments shall be made to Bankers Healthcare Group LLC via Automated Clearing House (ACH) and Defendant agrees to complete all requirements to enable said ACH payment, including any and all ACH authorizations requested by Plaintiff. 5. In the event the full balance due, plus interest, as set forth above is paid in full, Plaintiff may, in its sole discretion, waive the per diem interest charges set forth as the last payment in the attached payment schedule. If Defendants default on the terms of payment set forth in the attached payment schedule the per diem interest amount as well as any remaining amounts owed shall remain due and owing and may be included in any judgment sought against the Defendants. Nothing in this paragraph shall imply that Plaintiff is obligated to waive any interest charges owed. 6. If any of the foregoing settlement terms shall not be met, including but not limited to, payment by ACH, Plaintiff shall be entitled to file with the Onondaga County Clerk's office, without further notice, an Affidavit of Failure to Comply with the terms hereof, together with a copy of this Stipulation of Settlement and the Clerk shall enter judgment against Defendants for 2 of 4 FILED: ONONDAGA COUNTY CLERK 07/17/2023 11:37 AM INDEX NO. 005442/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2023 the sum set forth in the Complaint, minus any amounts previously paid, together with interest thereon, actual attorney fees and costs. 7. If any of the foregoing settlement terms shall not be met, including but not limited to, payment by ACH, Plaintiff shall be entitled to file with the Onondaga County Clerk's office, without further notice, an Affidavit of Failure to Comply with the terms hereof, together with a copy of this Stipulation of Settlement and the Clerk shall enter judgment against Defendants for the sum set forth in the Complaint, minus any amounts previously paid, together with interest thereon, actual attorney fees and costs. 8. In the event the full principal balance due as set forth in the complaint is paid in full, Plaintiff may, in its sole discretion, waive the per diem interest charges as set forth in the complaint. 9. Any failure by Plaintiff to exercise any of its rights hereunder shall not be considered a waiver of Plaintiff's rights to do so and Plaintiff reserves the right to enforce any provision herein at any time. 10. Upon full payment being made as herein indicated, Plaintiff shall file a Stipulation of Discontinuance with the Onondaga County Clerk. 11. The parties stipulate and agree that in the event it becomes necessary for Plaintiff to commence further legal proceedings to enforce the terms of this Stipulation or any judgment entered thereon, Defendants agree to reimburse Plaintiff for the costs of said legal proceedings, including reasonable attorney fees incurred. 12. The venue of any action arising out of the terms herein shall be in the New York State Supreme Court in Onondaga County, New York. 3 of 4 FILED: ONONDAGA COUNTY CLERK 07/17/2023 11:37 AM INDEX NO. 005442/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2023 13. This Stipulation shall constitute the entire agreement between the parties and may not be varied except by a writing duty executed by both parties. I4. This Stipulation is not for the puÆose of securing the Plaintiff against any contingent liability. This Stipulation may be executed in counterparts. BANKERS HEALTHCARE GROUP, LLC Dated: , 2023 Christopher J. Cali, Esq. CJC Law Office Attorney for Plaintiff Dated: , 2(}23 TAMMY J. DUFFIELD Individually and TAMMY J. DUFFIELD D/B/A FYI FINDS LLC Defendant 4 of 4