`STATE
`SUPREME
`COURT
`
`:
`
`COUNTY
`
`OF GENESEE
`
`BANK
`NORTHWEST
`SAVINGS
`BANK,
`
`f/k/a NORTHWEST
`
`v.
`
`Plaintiff,
`
`Index
`
`No. E67596
`
`INC.,
`FUNERAL
`
`AND
`
`INC.
`
`BANK,
`
`MICHAEL
`S. TOMASZEWSKI,
`A. TOMASZEWSKI,
`VALERIE
`ACME
`HOLDINGS
`OF N.Y.,
`S. TOMASZEWSKI
`MICHAEL
`CREMATION
`LLC,
`CHAPEL,
`CREDIT
`ATLANTIC
`FINANCE,
`A/P/O
`CAPITAL
`ONE,
`TARGET
`NATIONAL
`JOHN BRYMER,
`MAURA
`C. NEWSTEAD
`DIBBLE,
`OF AMERICA/DEPARTMENT
`UNITED
`STATES
`THE TREASURY/INTERNAL
`REVENUE
`SERVICE,
`BANK
`NORTHWEST
`f/k/a NORTHWEST
`SAVINGS
`NEW YORK
`DEPARTMENT
`OF TAXATION
`STATE
`AND FINANCE,
`PATRICIA
`TOMASZEWSKI,
`CARL
`TOMASZEWSKI,
`
`OF
`
`BANK,
`
`Defendants.
`
`PURSUANT
`FOR JUDGMENT
`TO
`STATEMENT
`ORDER
`GRANTED
`AND JUDGMENT
`OF DEFICIENCY
`J.S.C. ON JUNE
`HON.
`DIANE
`2, 2022
`Y. DEVLIN,
`
`BY
`
`AMOUNT
`
`CLAIMED
`
`IN ORDER
`
`INTEREST
`
`FROM 3/11/22
`
`THROUGH
`
`7/1/22
`
`JUDGMENT
`
`AMOUNT
`
`$223,682.16
`
`$
`
`6..232.46
`
`$229,914.62
`
`The
`
`undersigned,
`
`a partner
`
`with Rupp
`
`Baase
`
`Pfalzgraf
`
`Cunningham
`
`LLC,
`
`attorneys
`
`of
`
`record
`
`for plaintiff
`
`herein,
`
`states,
`
`under
`
`the penalties
`
`of perjury,
`
`(1)
`
`that
`
`this
`
`application
`
`is based
`
`on an
`
`order
`
`granted
`
`on June
`
`2, 2022
`
`by the Hon. Diane
`
`Y. Devlin,
`
`J.S.C.,
`
`(2)
`
`that
`
`the defendant(s)
`
`was
`
`served
`
`in
`
`
`
`the manner
`
`prescribed
`
`by law,
`
`and (3)
`
`if
`
`the balance
`
`stated
`
`above
`
`is less than
`
`the amount
`
`claimed
`
`in the
`
`complaint,
`
`the said
`
`balance
`
`represents
`
`the proper
`
`balance
`
`owing
`
`after
`
`all payments
`
`or other
`
`credits
`
`subsequent
`
`to preparation
`
`of
`
`the complaint.
`
`If
`
`judgment
`
`is sought
`
`against
`
`less than
`
`all defendants,
`
`plaintiff
`
`applies
`
`for an order
`
`of
`
`the Clerk
`
`under CPLR
`
`3215(a)
`
`severing
`
`the action
`
`as to defendants
`
`not
`
`included
`
`in the judgment.
`
`Defaulting
`
`defendant(s),
`
`if
`
`less than
`
`all defendants,
`
`is:
`
`VALERIE
`
`A. TOMASZEWSKI
`
`Dated:
`
`New York
`Buffalo,
`1, 2022
`July
`
`RUPP BAASE
`for Pl
`Attorneys
`
`PFALZGRAF
`'
`tiff
`
`NNINGHAM
`
`LLC
`
`By:
`
`1600
`Buffalo,
`(716)
`
`Esq.
`
`Daniel
`
`E. Sarzynski,
`Building
`Liberty
`New York
`854-3400
`
`14202-3694
`
`ORDER OF THE CLERK
`
`PURSUANT
`
`TO C.P.L.R.
`
`3215(a)
`
`:
`
`less than
`
`all of
`
`the defendants
`
`in the action
`
`and
`
`Judgment
`
`having
`
`been
`
`applied
`
`for against
`
`the action
`
`continuing
`
`against
`
`the following
`
`named
`
`defendants,
`
`it
`
`is hereby ORDERED
`
`that
`
`this
`
`action
`
`be
`
`severed
`
`as against
`
`the following
`
`named
`
`defendant(s):
`
`MICHAEL
`
`S. TOMASZEWSKI,
`
`ACME
`
`HOLDINGS
`
`OF N.Y.,
`
`INC.,
`
`MICHAEL
`
`S. TOMASZEWSKI
`
`FUNERAL
`
`AND CREMATION
`
`CHAPEL,
`
`LLC,
`
`ATLANTIC
`
`CREDIT
`
`FINANCE,
`
`INC.
`
`A/P/O
`
`CAPITAL
`
`ONE,
`
`TARGET
`
`NATIONAL
`
`BANK,
`
`JOHN
`
`BRYMER,
`
`MAURA
`
`C. NEWSTEAD
`
`DIBBLE,
`
`UNITED
`
`STATES
`
`OF
`
`AMERICACEPARTMENT
`
`OF THE
`
`TREASURY/1NTERNAL
`
`REVENUE
`
`SERVICE,
`
`NORTHWEST
`
`BANK
`
`f/k/a NORTHWEST
`
`SAVINGS
`
`BANK,
`
`NEW YORK
`
`STATE
`
`DEPARTMENT
`
`OF TAXATION
`
`AND FINANCE,
`
`PATRICIA
`
`TOMASZEWSKI,
`
`CARL
`
`TOMASZEWSKI
`
`DATED:
`
`,2022
`
`By:
`
`CLERK
`
`-2-
`
`
`
`JUDGMENT
`
`ENTERED:
`
`, 2022.
`
`The Summons
`
`and
`
`Complaint
`
`in this
`
`action
`
`having
`
`been personally
`
`served
`
`on each defendant
`
`against
`
`whom judgment
`
`is
`
`entered
`
`hereby
`
`in the manner
`
`prescribed
`
`by law,
`
`and the time
`
`of each
`
`said defendant
`
`to appear
`
`or answer
`
`having
`
`expired
`
`(unless
`
`and to the extent
`
`that
`
`judgment
`
`is granted
`
`herein
`
`pursuant
`
`to court
`
`order
`
`specified
`
`below),
`
`and the said defendant(s)
`
`not having
`
`appeared
`
`or answered
`
`herein
`
`(or
`
`judgment
`
`being
`
`awarded
`
`pursuant
`
`to said court
`
`order).
`
`NOW,
`
`THEREFORE,
`
`ON MOTION
`
`OF Rupp
`
`Baase Pfalzgraf
`
`Cunningham
`
`LLC,
`
`attorneys
`
`for plaintiff,
`
`and authorized
`
`by Order
`
`of
`
`this Court,
`
`Hon. Diane
`
`Y.
`
`Devlin,
`
`J.S.C.
`
`presiding,
`
`granted
`
`June 2, 2022,
`
`it
`
`is
`
`ADJUDGED,
`
`that Plaintiff,
`
`Northwest
`
`Bank
`
`f/k/a Northwest
`
`Savings
`
`Bank,
`
`100 Liberty
`
`Street, Warren,
`
`Pennsylvania
`
`16365,
`
`does
`
`recover
`
`of
`
`AND ADDRESS(ES)
`NAMES(S)
`DEFENDANT(S)-JUDGMENT
`
`OF
`DEBTOR(S)
`
`AMOUNT(S)
`
`OF JUDGMENT
`
`1.
`
`VALERIE
`66 Clearfield
`East Amherst,
`
`A. TOMASZEWSKI
`Drive
`New York
`
`14221
`
`AMOUNT
`
`CLAIMED
`
`INTEREST
`
`TOTAL
`
`JUDGMENT
`
`$ 223,682.16
`
`$
`
`6,232.46
`
`$ 229,914.62
`
`and, as to each
`
`defendant,
`
`that plaintiff
`
`has execution
`
`therefor.
`
`CLERK
`
`-3-
`
`
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