Preview
FILED: ONONDAGA COUNTY CLERK 03/15/2024 03:00 PM INDEX NO. 002814/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
Index No.:
BANKERS HEALTHCARE GROUP, LLC Date Filed:
201 Solar Street
Syracuse, New York 13204 Plaintiff designates Onondaga
Plaintiff, County as the place of trial
-vs-
The basis of venue is
MICHAEL J.J. PARMA JR. D/B/A principal place of
MICHAEL J.J. PARMA JR., SOLE PROPRIETOR plaintiff's business
& MICHAEL PARMA, JR
19 Deep Wood Drive
Forestdale, Massachusetts 02644
Defendants.
SUMMONS
Plaintiff maintains an office
for the conduct of business at
Syracuse, County of Onondaga,
New York 13204
TO THE ABOVE-NAMED DEFENDANTS: MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J.
PARMA JR., SOLE PROPRIETOR & MICHAEL PARMA, JR
YOU ARE HEREBY SUMMONED to answer the complaint in this action and serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the
Plaintiff's attorneys within twenty (20) days after the service of this summons, exclusive of the day of
service (or within 30 days after the service is complete if this summons is not personally delivered to you
within the State of New York); and in case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded herein.
Dated: March 15, 2024
Christopher J. Cali, Esq.
CJC Law Office
201 Solar Street
Syracuse, New York 13204
Telephone: (315) 877-9360
Fax: (315) 637-4686
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DEFENDANTS'
ADDRESSES:
MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR
19 Deep Wood Drive
Forestdale, Massachusetts 02644
MICHAEL PARMA, JR
19 Deep Wood Drive
Forestdale, Massachusetts 02644
NOTICE: The nature of this action is for (1) breach of Financing Agreement, and (2) breach of
Personal Guaranty (Loan #1342151).
The relief sought is judgment.
UPON YOUR FAILURE TO APPEAR, JUDGMENT WILL BE TAKEN AGAINST YOU BY
DEFAULT FOR THE SUM OF $41,971.75 TOGETHER WITH INTEREST THEREON,
REASONABLE ATTORNEYS FEES, AND THE COST OF THIS ACTION.
PURSUANTTO 15 U.S.C. 1692 ET SEQ.,
YOUARE HEREBYNOTIFIED THAT THIS CORRESPONDENCE
IS AN ATIEMPT TO COLLECTA DEBT, AND ANY INFORMATION
OBTAINEDWILL BE USEDPORTHAT PURPOSE.
YOUARE HEREBYADVISED THAT:
1. UNLESS YOU, WITHIN THIRTY (30) DAYSAFTERRECElPTOF THIS NOTICE, DISPUTETHE VALIDITY OF THIS DEBT, OR ANY PORTION
THEREOF,THIS DEBT WILL BEASSUMEDTOBE VALIDBY US.
IF YOUNOTIFYUSIN WRITINGWITHIN THE THIRTY(30) DAYPERIODTHAT THE DEBTORANY PORTIONTHEREOFIS DISPUTED,WE WILL
OBTAINVERIFICATIONOF THEDEBTORA COPYOFTHEJUDGMENTAGAINSTYOUAND MAIL SUCHVERIFICATIONORCOPYTO YOU.
3- UPON YOURWRITTENREQUESTWITHIN THE THERTY(30) DAY PERIOD, WE WILL PROVIDEYOUWITH THE NAMEAND ADDRESSOF THE
ORIGINALCREDI1ŒR,IF DIFFERENTFROMTHE CURRENTCREDITOR.
.. ..
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
BANKERS HEALTHCARE GROUP, LLC
Plaintiff,
vs. VERIFIED COMPLAINT
MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR
& MICHAEL PARMA, JR
Defendants.
The plaintiff, Bankers Healthcare Group, LLC (hereinafter referred to as "BHG"), complains of
MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR &
MICHAEL PARMA, JR, defendants and alleges as follows:
PARTIES
1. That at all times hereinafter mentioned, Plaintiff BHG is a Florida limited liability company
with principal offices at 201 Solar Street, Syracuse, New York 13204, and 10234 West State Road
84, Davie, Florida 33324, and authorized to do business in the State of New York.
2. That at all times hereinafter mentioned, upon information and belief, Defendant(s)
MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, is a
Massachusetts sole proprietorship with its principal office located at 19 Deep Wood Drive,
Forestdale, Massachusetts 02644.
3. That at all times hereinafter mentioned, upon information and belief, Defendant MICHAEL
PARMA, JR is an adult resident citizen of the State of Massachusetts, with a residence located at 19
Deep Wood Drive, Forestdale, Massachusetts 02644.
1
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JURISDICTION, VENUE AND SERVICE
4. Jurisdiction, venue, and the matter of service in this case is established by the terms of the
Financing Agreement, Promissory Note/Security Agreement/Personal Guaranty between the parties
"A."
dated December 21, 2022, as referenced hereinbelow and as submitted herewith as Exhibit
5. Specifically, 'll SECURITY AGREEMENT, APPLICIABLE LAW JURISDICTION AND
VENUE, provides in pertinent parts as follows:
Debtor agrees to submit to the personal jurisdiction of the appropriate court in the State of
New York, Onondaga County or State of Florida, Broward County, for all such disputes.
Debtor expressly waives personal service of process and authorizes service of process on
Debtor by registered mail or certified mail or overnight delivery by a national delivery
service sent to Debtor's address as set forth in the introductory paragraph of this Agreement
or such other manner as may be permitted under applicable law (hereinafter the "Service
Provision").
AS AND FOR A FIRST CAUSE OF ACTION
(BREACH OF FINANCING AGREEMENT)
6. That upon information and belief, on or about December 21, 2022, Defendants MICHAEL
J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, made, executed and
delivered to BHG a Promissory Note (the "Note") for the total sum of Seventy-Nine Thousand, Two
Hundred Thirty-Nine DOLLARS and Seventy-Two CENTS ($79,239.72). As set forth above, a true,
"A"
accurate, correct and genuine copy of the Note is attached hereto as Exhibit and is incorporated
by reference as though fully set forth herein.
7. That upon information and belief, pursuant to the terms of the Note, Defendants MICHAEL
J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA SOLE PROPRIETOR agreed to make eighty-
JR.,
four (84) monthly payments of $943.33 each, commencing on January 25, 2023.
2
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8. That upon information and belief, on or about December 21, 2022, Defendants MICHAEL
J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, made, executed and
delivered a written Security Agreement (the "Security Agreement"), which Security Agreement
provided a security to BHG for Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J.
PARMA JR., SOLE PROPRIETOR, payment and performance obligations under the terms and
conditions of the Note. The Security Agreement provided BHG a security interest in all the right,
title and interest of the Debtor in and to Accounts Receivable, Inventory, Instruments, Equipment,
intangibles, Accounts, Chattel Paper, Good Will, Fixtures, Specific Property, and All Property of
Debtor and all proceeds thereof(collectively, the "Collateral"). A true, accurate, correct and genuine
"A"
copy of the Security Agreement is attached hereto as Exhibit and is incorporated by reference
as though fully set forth herein.
9. That the Financing Agreement provides that any payment due and owing thereunder not
made when due shall constitute an Event of Default. Moreover, the Note explicitly provides that
any payment not made when due shall bear late charges thereon calculated at the rate of ten percent
(10%) per month, but not to exceed the highest rate permitted by relevant law.
10. That the Financing Agreement further provide that upon any Event of Default thereafter,
BHG may accelerate all indebtedness due and owing under these Notes with Defendants MICHAEL
J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR.
11. That Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE
PROPRIETOR, have failed to comply with the clear and unambiguous terms and conditions of the
Financing Agreement by, among other things, failing to make timely payments due and owing to
BHG thereunder.
12. That Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE
PROPRIETOR, failure to make payments to BHG constitutes an Event of Default pursuant to page
1, of the Financing Agreement.
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13. That upon Default, BHG provided a Demand Letter giving Notice of Default to Defendants
MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR addressed
to the attention of its principal. A true, accurate, and correct copy of the Demand Letter is attached
"B"
hereto as Exhibit and is incorporated by reference as though fully set forth herein. Despite
BHG's demand, Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR.,
SOLE PROPRIETOR, failed to tender payment to BHG to cure the Default under the Financing
Agreement.
14. That as a result of Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA
JR., SOLE PROPRIETOR, default, BHG accelerated the indebtedness and declared the entire
indebtedness arising under the Financing Agreement to be immediately due and payable.
Accordingly, as of March 15, 2024, there is justly due and owing to BHG by Defendants MICHAEL
J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, an amount equal to,
not less than $41,971.75, inclusive of late charges, and costs (hereinafter the "Indebtedness").
15. That the Indebtedness, as of March 15, 2024, is separately itemized as follows:
Principal Balance Due Upon Default: $41,688.75
Late Charges: $283.00
Total (as of March 15, 2024) $41,971.75
16. That BHG has performed all conditions, covenants and promises required of it under the
terms and conditions of the Financing Agreement.
AS AND FOR A SECOND CAUSE OF ACTION
(BREACH OF PERSONAL GUARANTY)
17. Plaintiff repeats and re-alleges the allegations of paragraphs 1 through 16 above as if set forth
herein at length.
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18. That on or about December 21, 2022, that Defendant MICHAEL PARMA, JR made,
executed and delivered a written Personal Guaranty (the "Guaranty") in favor of BHG, pursuant to
which Defendant MICHAEL PARMA, JR absolutely guaranteed full payment and full performance
of Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE
PROPRIETOR, obligations under the Financing Agreement. As well as payment of all amounts
owed to BHG then and at any future time. A true, accurate, correct and genuine copy of the Guaranty
"A"
is attached hereto as Exhibit and is incorporated by reference as though fully set forth herein.
19. That in the Guaranty, that Defendant MICHAEL PARMA, JR expressly agreed to
"absolutely, irrevocably and unconditionally promises to pay and guaranty the full and prompt
payment of all of the debt...when due...without limitation all principal, accrued interest, attorney's
fees and collection and court costs that may become due from Debtor to Creditor in collecting the
Debt."
20. That BHG provided notice of Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL
J.J. PARMA JR., SOLE PROPRIETOR default to that Defendant MICHAEL PARMA, JR. A true,
accurate, genuine and correct copy of the MICHAEL PARMA, JR Notice of Default is attached
"B"
hereto as Exhibit and is incorporated by reference as though fully set forth herein. Despite
BHG's notice of Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR.,
SOLE PROPRIETOR default and its demand that Defendant comply with their obligations under
the Guaranty, that Defendant have failed to tender the full amount of the indebtedness to BHG as
they are required to do.
21. That BHG has performed all conditions, covenants and promises required of it under the
terms and conditions of the Guaranty.
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WHEREFORE, Plaintiff demands judgment against the Defendants as follows:
A. On the First Cause of Action, judgment against Defendants in the sum of $41,971.75
together with interest thereon.
B. On the Second Cause of Action, judgment against Defendants in the sum of $41,971.75
together with interest thereon.
C. Costs and disbursements of this action.
D. That the Plaintiff have such other and further relief as the Court deems equitable and
proper.
DATED: March 15, 2024
Christopher J. Cali, Esq.
CJC Law Office
201 Solar Street
Syracuse, New York 13204
Telephone: (315) 877-9360
Fax: (315) 637-4686
6
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Preview
FILED: ONONDAGA COUNTY CLERK 03/15/2024 03:00 PM INDEX NO. 002814/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA Index No.: BANKERS HEALTHCARE GROUP, LLC Date Filed: 201 Solar Street Syracuse, New York 13204 Plaintiff designates Onondaga Plaintiff, County as the place of trial -vs- The basis of venue is MICHAEL J.J. PARMA JR. D/B/A principal place of MICHAEL J.J. PARMA JR., SOLE PROPRIETOR plaintiff's business & MICHAEL PARMA, JR 19 Deep Wood Drive Forestdale, Massachusetts 02644 Defendants. SUMMONS Plaintiff maintains an office for the conduct of business at Syracuse, County of Onondaga, New York 13204 TO THE ABOVE-NAMED DEFENDANTS: MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR & MICHAEL PARMA, JR YOU ARE HEREBY SUMMONED to answer the complaint in this action and serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: March 15, 2024 Christopher J. Cali, Esq. CJC Law Office 201 Solar Street Syracuse, New York 13204 Telephone: (315) 877-9360 Fax: (315) 637-4686 1 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2024 03:00 PM INDEX NO. 002814/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/15/2024 DEFENDANTS' ADDRESSES: MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR 19 Deep Wood Drive Forestdale, Massachusetts 02644 MICHAEL PARMA, JR 19 Deep Wood Drive Forestdale, Massachusetts 02644 NOTICE: The nature of this action is for (1) breach of Financing Agreement, and (2) breach of Personal Guaranty (Loan #1342151). The relief sought is judgment. UPON YOUR FAILURE TO APPEAR, JUDGMENT WILL BE TAKEN AGAINST YOU BY DEFAULT FOR THE SUM OF $41,971.75 TOGETHER WITH INTEREST THEREON, REASONABLE ATTORNEYS FEES, AND THE COST OF THIS ACTION. PURSUANTTO 15 U.S.C. 1692 ET SEQ., YOUARE HEREBYNOTIFIED THAT THIS CORRESPONDENCE IS AN ATIEMPT TO COLLECTA DEBT, AND ANY INFORMATION OBTAINEDWILL BE USEDPORTHAT PURPOSE. YOUARE HEREBYADVISED THAT: 1. UNLESS YOU, WITHIN THIRTY (30) DAYSAFTERRECElPTOF THIS NOTICE, DISPUTETHE VALIDITY OF THIS DEBT, OR ANY PORTION THEREOF,THIS DEBT WILL BEASSUMEDTOBE VALIDBY US. IF YOUNOTIFYUSIN WRITINGWITHIN THE THIRTY(30) DAYPERIODTHAT THE DEBTORANY PORTIONTHEREOFIS DISPUTED,WE WILL OBTAINVERIFICATIONOF THEDEBTORA COPYOFTHEJUDGMENTAGAINSTYOUAND MAIL SUCHVERIFICATIONORCOPYTO YOU. 3- UPON YOURWRITTENREQUESTWITHIN THE THERTY(30) DAY PERIOD, WE WILL PROVIDEYOUWITH THE NAMEAND ADDRESSOF THE ORIGINALCREDI1ŒR,IF DIFFERENTFROMTHE CURRENTCREDITOR. .. .. 2 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2024 03:00 PM INDEX NO. 002814/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA BANKERS HEALTHCARE GROUP, LLC Plaintiff, vs. VERIFIED COMPLAINT MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR & MICHAEL PARMA, JR Defendants. The plaintiff, Bankers Healthcare Group, LLC (hereinafter referred to as "BHG"), complains of MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR & MICHAEL PARMA, JR, defendants and alleges as follows: PARTIES 1. That at all times hereinafter mentioned, Plaintiff BHG is a Florida limited liability company with principal offices at 201 Solar Street, Syracuse, New York 13204, and 10234 West State Road 84, Davie, Florida 33324, and authorized to do business in the State of New York. 2. That at all times hereinafter mentioned, upon information and belief, Defendant(s) MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, is a Massachusetts sole proprietorship with its principal office located at 19 Deep Wood Drive, Forestdale, Massachusetts 02644. 3. That at all times hereinafter mentioned, upon information and belief, Defendant MICHAEL PARMA, JR is an adult resident citizen of the State of Massachusetts, with a residence located at 19 Deep Wood Drive, Forestdale, Massachusetts 02644. 1 3 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2024 03:00 PM INDEX NO. 002814/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/15/2024 JURISDICTION, VENUE AND SERVICE 4. Jurisdiction, venue, and the matter of service in this case is established by the terms of the Financing Agreement, Promissory Note/Security Agreement/Personal Guaranty between the parties "A." dated December 21, 2022, as referenced hereinbelow and as submitted herewith as Exhibit 5. Specifically, 'll SECURITY AGREEMENT, APPLICIABLE LAW JURISDICTION AND VENUE, provides in pertinent parts as follows: Debtor agrees to submit to the personal jurisdiction of the appropriate court in the State of New York, Onondaga County or State of Florida, Broward County, for all such disputes. Debtor expressly waives personal service of process and authorizes service of process on Debtor by registered mail or certified mail or overnight delivery by a national delivery service sent to Debtor's address as set forth in the introductory paragraph of this Agreement or such other manner as may be permitted under applicable law (hereinafter the "Service Provision"). AS AND FOR A FIRST CAUSE OF ACTION (BREACH OF FINANCING AGREEMENT) 6. That upon information and belief, on or about December 21, 2022, Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, made, executed and delivered to BHG a Promissory Note (the "Note") for the total sum of Seventy-Nine Thousand, Two Hundred Thirty-Nine DOLLARS and Seventy-Two CENTS ($79,239.72). As set forth above, a true, "A" accurate, correct and genuine copy of the Note is attached hereto as Exhibit and is incorporated by reference as though fully set forth herein. 7. That upon information and belief, pursuant to the terms of the Note, Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA SOLE PROPRIETOR agreed to make eighty- JR., four (84) monthly payments of $943.33 each, commencing on January 25, 2023. 2 4 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2024 03:00 PM INDEX NO. 002814/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/15/2024 8. That upon information and belief, on or about December 21, 2022, Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, made, executed and delivered a written Security Agreement (the "Security Agreement"), which Security Agreement provided a security to BHG for Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, payment and performance obligations under the terms and conditions of the Note. The Security Agreement provided BHG a security interest in all the right, title and interest of the Debtor in and to Accounts Receivable, Inventory, Instruments, Equipment, intangibles, Accounts, Chattel Paper, Good Will, Fixtures, Specific Property, and All Property of Debtor and all proceeds thereof(collectively, the "Collateral"). A true, accurate, correct and genuine "A" copy of the Security Agreement is attached hereto as Exhibit and is incorporated by reference as though fully set forth herein. 9. That the Financing Agreement provides that any payment due and owing thereunder not made when due shall constitute an Event of Default. Moreover, the Note explicitly provides that any payment not made when due shall bear late charges thereon calculated at the rate of ten percent (10%) per month, but not to exceed the highest rate permitted by relevant law. 10. That the Financing Agreement further provide that upon any Event of Default thereafter, BHG may accelerate all indebtedness due and owing under these Notes with Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR. 11. That Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, have failed to comply with the clear and unambiguous terms and conditions of the Financing Agreement by, among other things, failing to make timely payments due and owing to BHG thereunder. 12. That Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, failure to make payments to BHG constitutes an Event of Default pursuant to page 1, of the Financing Agreement. 3 5 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2024 03:00 PM INDEX NO. 002814/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/15/2024 13. That upon Default, BHG provided a Demand Letter giving Notice of Default to Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR addressed to the attention of its principal. A true, accurate, and correct copy of the Demand Letter is attached "B" hereto as Exhibit and is incorporated by reference as though fully set forth herein. Despite BHG's demand, Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, failed to tender payment to BHG to cure the Default under the Financing Agreement. 14. That as a result of Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, default, BHG accelerated the indebtedness and declared the entire indebtedness arising under the Financing Agreement to be immediately due and payable. Accordingly, as of March 15, 2024, there is justly due and owing to BHG by Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, an amount equal to, not less than $41,971.75, inclusive of late charges, and costs (hereinafter the "Indebtedness"). 15. That the Indebtedness, as of March 15, 2024, is separately itemized as follows: Principal Balance Due Upon Default: $41,688.75 Late Charges: $283.00 Total (as of March 15, 2024) $41,971.75 16. That BHG has performed all conditions, covenants and promises required of it under the terms and conditions of the Financing Agreement. AS AND FOR A SECOND CAUSE OF ACTION (BREACH OF PERSONAL GUARANTY) 17. Plaintiff repeats and re-alleges the allegations of paragraphs 1 through 16 above as if set forth herein at length. 4 6 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2024 03:00 PM INDEX NO. 002814/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/15/2024 18. That on or about December 21, 2022, that Defendant MICHAEL PARMA, JR made, executed and delivered a written Personal Guaranty (the "Guaranty") in favor of BHG, pursuant to which Defendant MICHAEL PARMA, JR absolutely guaranteed full payment and full performance of Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR, obligations under the Financing Agreement. As well as payment of all amounts owed to BHG then and at any future time. A true, accurate, correct and genuine copy of the Guaranty "A" is attached hereto as Exhibit and is incorporated by reference as though fully set forth herein. 19. That in the Guaranty, that Defendant MICHAEL PARMA, JR expressly agreed to "absolutely, irrevocably and unconditionally promises to pay and guaranty the full and prompt payment of all of the debt...when due...without limitation all principal, accrued interest, attorney's fees and collection and court costs that may become due from Debtor to Creditor in collecting the Debt." 20. That BHG provided notice of Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR default to that Defendant MICHAEL PARMA, JR. A true, accurate, genuine and correct copy of the MICHAEL PARMA, JR Notice of Default is attached "B" hereto as Exhibit and is incorporated by reference as though fully set forth herein. Despite BHG's notice of Defendants MICHAEL J.J. PARMA JR. D/B/A MICHAEL J.J. PARMA JR., SOLE PROPRIETOR default and its demand that Defendant comply with their obligations under the Guaranty, that Defendant have failed to tender the full amount of the indebtedness to BHG as they are required to do. 21. That BHG has performed all conditions, covenants and promises required of it under the terms and conditions of the Guaranty. 5 7 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2024 03:00 PM INDEX NO. 002814/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/15/2024 WHEREFORE, Plaintiff demands judgment against the Defendants as follows: A. On the First Cause of Action, judgment against Defendants in the sum of $41,971.75 together with interest thereon. B. On the Second Cause of Action, judgment against Defendants in the sum of $41,971.75 together with interest thereon. C. Costs and disbursements of this action. D. That the Plaintiff have such other and further relief as the Court deems equitable and proper. DATED: March 15, 2024 Christopher J. Cali, Esq. CJC Law Office 201 Solar Street Syracuse, New York 13204 Telephone: (315) 877-9360 Fax: (315) 637-4686 6 8 of 8