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At an Ex Parte Special Term of theNew York State
Supreme Court held in and forthe County of Erieat
the Courthouse this__ day of ,
2018.
PRESENT: Hon.
Presiding Justice
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
M&T BANK, ORDER
Plaintiff,
vs.
Index No.: 805435/2018
CRAIG A. PAPKE
a/k/a CRAIG PAPKE, Individually and
d/b/a CRAIG PAPKE AGENCY,
ERIN M. PAPKE
a/k/a ERIN PAPKE,
Defendants.
Plaintiff, M&T BANK, having moved this Court for entry of default judgment against the
Defendants, CRAIG A. PAPKE a/k/a CRAIG PAPKE, Individually and d/b/a CRAIG PAPKE
AGENCY, and ERIN M. PAPKE a/k/a ERIN PAPKE, pursuant to C.P.L.R. § 3215 by Ex Parte
Motion dated June 21, 2018, and
Upon the Summons and Verified Complaint in this action, the Affidavit of Service, the
Affirmation of Mailing, the Military Service Affidavit, and upon the Affidavit with exhibits of
Aaron R. Walkow, Esq., sworn to on June 21, 2018, and all prior pleadings; and after due
deliberation having been had, itis hereby
ORDERED, that Plaintiff's Motion for Entry of Default Judgment against the
Defendants, CRAIG A. PAPKE a/k/a CRAIG PAPKE, Individually and d/b/a CRAIG PAPKE
AGENCY, and ERIN M. PAPKE a/k/a ERIN PAPKE, is granted in allrespects; and itis hereby
ORDERED, Plaintiff, M&T Bank, shall recover of the Defendant, CRAIG A. PAPKE
a/k/a CRAIG PAPKE, Individually and d/b/a CRAIG PAPKE AGENCY the sum upon the Third
Cause of Action in the amount of Twenty-Four Thousand Eight Hundred Ninety-Three and
10/100 ($24,893.10) plus interest at the default rate of WSJ Prime plus 13.5% per annum from
March 9, 2018; and itis hereby
ORDERED AND ADJUDGED, that the Plaintiff, M&T Bank, shall recover of the
Defendants, CRAIG A. PAPKE a/k/a CRAIG PAPKE, Individually and d/b/a CRAIG PAPKE
AGENCY, and ERIN M. PAPKE a/k/a ERIN PAPKE, the following sums:
• Upon the First and Second Causes of Action in the amount of Five Thousand
Three Hundred Ninety-Four and 01/100 Dollars ($5,394.01) plus interest at the
rate of WSJ Prime plus 2.25% per annum from March 24, 2018; and
• Upon the First and Second Causes of Action in the amount of One Hundred
Seventy-One Thousand Nine Hundred Thirty-Six and 98/100 Dollars
($171,936.98) plus interest at the rate of Wall Street Journal Prime plus 2.25% per
annum from March 9, 2018; and
• Upon the First and Second Causes of Action in the amount of Seventy-Five
Thousand Three Hundred Twenty-Four and 91/100 ($75,324.91) plus interest at
the rate of prime plus 2.75% per annum from March 9, 2018; and
• attorneys'
The reasonable fees in the amount of $ and the costs
and disbursements of this action totaling $ ; and
~ To have execution and itis further
therefor; hereby
ORDERED, that Plaintiff shall have leave of Court to make a further application for
attorneys'
fees incurred in connection with the enforcement of this Order.
Hon.
E N T E R :
HACltentMattersUvl pke,Craig (CPAPKE)'un&tbapap.ord.061518,wpd
&Tampa
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At an Ex Parte Special Term of theNew York State Supreme Court held in and forthe County of Erieat the Courthouse this__ day of , 2018. PRESENT: Hon. Presiding Justice STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE M&T BANK, ORDER Plaintiff, vs. Index No.: 805435/2018 CRAIG A. PAPKE a/k/a CRAIG PAPKE, Individually and d/b/a CRAIG PAPKE AGENCY, ERIN M. PAPKE a/k/a ERIN PAPKE, Defendants. Plaintiff, M&T BANK, having moved this Court for entry of default judgment against the Defendants, CRAIG A. PAPKE a/k/a CRAIG PAPKE, Individually and d/b/a CRAIG PAPKE AGENCY, and ERIN M. PAPKE a/k/a ERIN PAPKE, pursuant to C.P.L.R. § 3215 by Ex Parte Motion dated June 21, 2018, and Upon the Summons and Verified Complaint in this action, the Affidavit of Service, the Affirmation of Mailing, the Military Service Affidavit, and upon the Affidavit with exhibits of Aaron R. Walkow, Esq., sworn to on June 21, 2018, and all prior pleadings; and after due deliberation having been had, itis hereby ORDERED, that Plaintiff's Motion for Entry of Default Judgment against the Defendants, CRAIG A. PAPKE a/k/a CRAIG PAPKE, Individually and d/b/a CRAIG PAPKE AGENCY, and ERIN M. PAPKE a/k/a ERIN PAPKE, is granted in allrespects; and itis hereby ORDERED, Plaintiff, M&T Bank, shall recover of the Defendant, CRAIG A. PAPKE a/k/a CRAIG PAPKE, Individually and d/b/a CRAIG PAPKE AGENCY the sum upon the Third Cause of Action in the amount of Twenty-Four Thousand Eight Hundred Ninety-Three and 10/100 ($24,893.10) plus interest at the default rate of WSJ Prime plus 13.5% per annum from March 9, 2018; and itis hereby ORDERED AND ADJUDGED, that the Plaintiff, M&T Bank, shall recover of the Defendants, CRAIG A. PAPKE a/k/a CRAIG PAPKE, Individually and d/b/a CRAIG PAPKE AGENCY, and ERIN M. PAPKE a/k/a ERIN PAPKE, the following sums: • Upon the First and Second Causes of Action in the amount of Five Thousand Three Hundred Ninety-Four and 01/100 Dollars ($5,394.01) plus interest at the rate of WSJ Prime plus 2.25% per annum from March 24, 2018; and • Upon the First and Second Causes of Action in the amount of One Hundred Seventy-One Thousand Nine Hundred Thirty-Six and 98/100 Dollars ($171,936.98) plus interest at the rate of Wall Street Journal Prime plus 2.25% per annum from March 9, 2018; and • Upon the First and Second Causes of Action in the amount of Seventy-Five Thousand Three Hundred Twenty-Four and 91/100 ($75,324.91) plus interest at the rate of prime plus 2.75% per annum from March 9, 2018; and • attorneys' The reasonable fees in the amount of $ and the costs and disbursements of this action totaling $ ; and ~ To have execution and itis further therefor; hereby ORDERED, that Plaintiff shall have leave of Court to make a further application for attorneys' fees incurred in connection with the enforcement of this Order. Hon. E N T E R : HACltentMattersUvl pke,Craig (CPAPKE)'un&tbapap.ord.061518,wpd &Tampa