United States Of America v. Lerman

Filing 22

CONSENT JUDGMENT re 21 Proposed Order filed by United States Of America. Signed by Judge Alsup on March 28, 2012. (whalc2, COURT STAFF) (Filed on 3/28/2012)

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03/27/2012 1 0 : 08 7079372269 PAGE 01/03 MICHAEL COSENTINO. SBN 83253 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ~ALIFORNIA SAN FRANCISCO DIVISION ) NO C 11-02804 WHA / 1 Plaintii, ) aka E.D. Lerman, Defendant. CONSENT JUDGMENT 1 ) The aboveentitled plaintiff havingfiled its complaint herein, and the above entitled defendant having consented to the making and entry of this final judgment without trial, hereby agree as follows: 1. This Court has jurisdiction over the subject matter of this litigation and over the parties to the Consent Judgment. The Complaint herein states a claim upon which relief can be granted. The defendant hereby acknowledges and accepts service of the complaint filed herein. 2. Judgment shall be in favor of plaintiff, United States of America, and against defendant, Edithe D. Lerman aka Dalya Lerman aka E.D. Lerman, in the sum of $102,072.24 consisting of $65,341.21 in principal, $36,696.03 interest to March 21, 2012, CIF costs of $0.00, court costs of $35.00 and attorney's fees of $0.00, plus interest Congent .lr;dqment; CAND Case Nurnhcr -C 11-O2R04 WHA U . S . v . Lorman Page 1 63/27/2012 16: 06 PAGE 7079372269 82/03 of Judgment, less any sums tendered toward satisfaction of the obligation during said time period. I 3. This consent judgment shall bear interest pursuant to the provisions of 28 U.S.C §1961(a) at the legal rate per annum from the date of entry of judgment, which interest will be compounded annually pursuant to the provisions of 28 U.S.C. §1961(b) until paid in full. 4. Defendant shall pay $1,250.00 monthly commencing April 15, 2012, and continuing monthly thereafter, each payment being due on the 15th day of each month, subject to a 30 day grace period, until the account is paid in full. Alternatively, at any point in time, defendant may satisfy the judgment by 5. paying a single lump sum in the amount of 75% of the then current total balance due on the judgment. 6. Payments shall be made payable to the US Department of Justice and bear defendant's name and CDCS # 2010A80643 and mailed to: ' Nationwide Central Intake Facility U. S. Department of Justice P. 0. 790363 Box St. Louis. MO 63179-0363 7. (a) Each said payment shall be applied first to the payment of court costs and interest accrued to the date of receipt of said payment, and the balance, if any, to the principal. (b) For as long as defendant is not in default (subject to a 30 day grace period) of the $1,250.00 monthly payments, plaintiff will require no financial informatjon from defendant. (c) In the event defendant defaults on any monthly payment (subject to a 30 day grace period) defendant shall submlt financial data to the plaintiff as specified by plaintiff, where after the parties shall adjust the monthly payment amount accordingly. subject to court approval in the event the parties are not in agreement. Cor:aen't Judqment: CAND Cape Nn~mbcr , C 11-02!?(14 WtlA U . S . v; I.:?rman Page 2 03/27/2612 10: 08 PAGE 7079372209 03/03 8. An Abstract of Judgment shall be recorded with the Recorder's Oftice of the County of residence of the defendant: plaintiff may also record or file similar doctrrnents elsewhere. 9. Default under the terms of this consent judgment will entitle the United States of America to execute on this judgment without notice to defendant. 10. The defendant has the right of prepayment of this debt without penalty, and the interest charged will only be calculated to the date of final payment, consistent with paragraph 5 , herein. 11. In case of default (subject to a 30 day grace period), all costs incurred in 10 recording, filing, executing, or levying on, satisfying, or otherwise servicing this judgment 11 shall be paid by the defendant. 01 12. Upon a change in address of record for the defendant, defendant shall report l2 13 the new address to the court and to counsel for plaintiff, until the judgment is satisfied. I( '14 Dated: March 21, 2012 ~ I C H A E COSENTINO L Counsel for plaintiff :L 5 16 I have read the foregoing; I understand and agree to the terms, and I A /? df&-\ sign this agreement as a free and voluntary act. Dated(hafcC L 201 Edithe D. Lerman aka Dalya Lerman aka E.D. Lerman Defendant and Judgment Debtor APPROVED AND SO ORDERED THIS 28 DAY OF 2012 2012. 25 1 The Clerk of the Court is DIRECTED to close the file in the action. I WILLIAM H. ALSUP William Alsup UNITED STATES DISTRICT COURT JUDGE UNITED STATES DISTRICT JUDGE Cnnscnl- Jllrlgmcnt: CAIiD Case Number C 11-02004 WfIA ( 1 . S . v . [.@?man Page :3

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