United States of America v. Nederveld

Filing 8

ORDER granting 7 Motion for Default Judgment. The tax liens of the United States are hereby foreclosed on Nedervelds interest in the property located at 441 Ruby Knoll Lane, Franklin, North Carolina 28743, as that property is more particularly described in the Complaint in this matter, and the property will be sold pursuant to a separate order of the Court. The United States shall have fourteen (14) days from the date of entry of this Judgment to submit a proposed order of sale in accordance with this Judgment.. Signed by District Judge Martin Reidinger on July 7, 2010. (pdf)

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U n i t e d States of America v. Nederveld Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE W E S TE R N DISTRICT OF NORTH CAROLINA B R Y S O N CITY DIVISION C IV IL CASE NO. 2:10cv14 U N IT E D STATES OF AMERICA, ) ) P l a i n t if f , ) ) ) v. ) ) ) H E R B E R T C. NEDERVELD, ) ) D e fen d a n t. ) ___________________________ ) D E F A U L T JUDGMENT TH IS MATTER comes before the Court upon the motion and request o f the United States of America for entry of default judgment against the D e fe n d a n t Herbert C. Nederveld. IT APPEARING TO THE COURT that the Complaint was filed and S u m m o n s issued in this action on May 13, 2010, which Complaint and S u m m o n s were served on the Defendant on May 18, 2010; and IT FURTHER APPEARING TO THE COURT that no answer or other re s p o n s ive pleading was timely served or filed by the Defendant and no e xte n s io n of time to serve or file such a pleading has been granted and that th e time for the Defendant to serve or file an answer or otherwise respond to the Plaintiff's Complaint has expired; and Dockets.Justia.com IT FURTHER APPEARING TO THE COURT that based on the d e fa u lt of the Defendant having been duly entered according to law, and u p o n the application of the Plaintiff in this action, judgment should be e n te re d against the Defendant. U p o n review of the Complaint, the Declaration of Revenue Officer K .O . Justice, and the entire record in this case, the Court hereby makes the fo llo w in g findings of fact and conclusions of law: 1. A s of June 30, 2010, Nederveld owes total federal tax liabilities in the amount of $516,416.26, which includes a liability of $ 4 0 1 ,6 6 5 .5 2 for tax year 2001 and a liability of $114,750.74 for th e unpaid employment and unemployment taxes incurred by N e d e rv e ld for certain periods in 2001 through 2003 through his s o le proprietorship, Constitutional Trust No. 2 1360; 2. T h e United States has valid tax liens resulting from these u n p a id tax liabilities; and 3. T h e tax liens attach to Nederveld's interest in the real property lo c a te d at 441 Ruby Knoll Lane, Franklin, North Carolina 2 8 7 4 3 , as that property is more particularly described in the C o m p la in t in this matter. N O W , THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the tax liens of the United States are hereby foreclosed on N e d e rve ld 's interest in the property located at 441 Ruby Knoll Lane, F ra n k lin , North Carolina 28743, as that property is more particularly d e s c rib e d in the Complaint in this matter, and the property will be sold p u rs u a n t to a separate order of the Court. The United States shall have fo u rte e n (14) days from the date of entry of this Judgment to submit a p ro p o s e d order of sale in accordance with this Judgment. T h e Clerk of Court is directed to provide copies of this Default J u d g m e n t to all counsel of record and to the Defendant, Herbert C. N e d e rv e ld , at the following address: 528 Arbour Way, Suwanee, Georgia 30024. IT IS SO ORDERED. Signed: July 7, 2010