UNITED STATES OF AMERICA v. HEMSTREET et al

Filing 9

DEFAULT JUDGMENT in favor of UNITED STATES OF AMERICA against KIMBERLY HUNSBERGER IN THE AMOUNT OF $165,672.76 PLUS INTEREST AT THE RATE OF $19.25 PER DAY FROM 6/29/2012 TO THE DATE OF ANY MARSHAL'S SALE OR OTHER SALE OF PROPERTY, ETC. SIGNED BY HONORABLE BERLE M. SCHILLER ON 10/15/2013. 10/15/2013 ENTERED AND COPIES E-MAILED. (COPY FORWARD TO U.S. MARHSAL)(kk, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA
Plaintiff

v.

Civil Action No: 13-02222

KIMBERLY HUNSBERGER
Defendant

ORDER
AND NOW, this

II)

day of

{)e~ bt t', 2013, upon consideration of Plaintiffs motion for

default judgment, the accompanying memorandum of law and affidavit, and any opposition thereto, it is
hereby

ORDERED
1.

That plaintiffs motion for judgment is granted. Judgment is entered in favor of Plaintiff,

United States of America, and against Defendant, KThffiERLY HUNSBERGER, in the amount of
$165,672.76 plus interest at the rate of $19.25 per day from June 29, 2012 to the date of any Marshal's
Sale or other sale of Property.
2.

That the promissory note and mmtgage between Plaintiff and Defendant are foreclosed as

to the property located at 727 Jefferson Street Red Hill, PA, 18076 ("Property"). In accordance with the
provisions of the National Housing Act, there is no right of redemption in the mortgagor or any other
person. 12 U.S.C 1701(k); U.S. v. Forest Glen Senior, 278 F.Supp. 343, 343 (Or. 1967)
3.

That the Property be sold according to the following:
(a)

The United States Marshal for the Eastern District of Pennsylvania is directed to

sell the Property for cash to the highest bidder at a public, judicial sale pursuant to Title 28 U .S.C. Section
2001 within 180 days of this Order. Notice must be given, in accordance with 28 U.S.C. Section 2002,
once a week for four consecutive weeks prior to the sale in one newspaper regularly issued and of general
circulation in the county and judicial district where the Property is situated. To reduce the costs and
expense of the sale, Plaintiff may advertise a short description of the Property rather than a complete legal

description.
(b)

Ten percent (10%) of the highest bid must be deposited in cettified check or

cashier's check with the United States Marshal by the bidder immediately upon the Property being struck
down to the bidder. The balance of the purchase money must be paid in certified or cashier's check by the
highest bidder to the Marshal within ten ( 10) days after the sale is confinned by the Court, without
demand for the same being made by the Marshal. It is the highest bidder's responsibility to ascertain the
date of continuation. If the highest bidder fails to settle, all their rights in the real estate shall cease and
be completely void and the Property may be re-advertised and sold by the Marshal without further order
of the Comt at the risk of the defaulting bidder whose deposit shall be forfeited; and in case of a
deficiency on such resale, they shall make good the same to the person thereby injured. The highest
bidder shall take the Property subject to and is to pay all state and local taxes, water rents or charges,
sewer rents or charges, and municipal claims, and any other claims, charges and liens against the Property
which are not divested by the Marshal's sale, and shall pay all state, local and federal transfer taxes and
stamps. If Plaintiff is not the successful bidder, Plaintiff will automatically be registered as the second
highest bidder at the judgment amount and may proceed to make settlement with the Marshal in the event
of default by the highest bidder.
(c)

Plaintiff, United States of America or its nominee is granted right of entry at

reasonable times to the Property for purposes of pre-sale inspection and Marshal's sale with the right to
inspect the house, the books, records and accounts, all other items, things and infonnation necessary for
the inspection, advetiisement and sale of the Property.
(d)

Motion for Confim1ation of the public sale shall be made by the Marshal or the

Plaintiff to the Couti thhty (30) days after the date of sale.
4.

Upon confirmation of the sale, the Marshal shall hold the proceeds of the sale after costs

and expenses of the sale pending distribution pursuant of further Order of this Court.
5.

Plaintiff shall be paid the amount adjudged due pursuant to the distribution of the

proceeds ofthe sale.

6.

A true copy of this Order and decree shall be delivered to the United States Marshal by

the Clerk.
7.

Jurisdiction is retained over this matter for the granting of such orders and decrees as the

circumstances may require.

J.