United States of America v. Gentzyel et al

Filing 9

ORDER & DEFAULT JUDGMENT granting pltf's motion for default jdmgt 6 as follows: 1. Pltf's motion for default jdgmt 6 GRANTED w/ JUDGMENT entered in favor of pltf & against defts in amt of $98,957.43 plus interest @ rate of � 36;10/46/day from 5/15/10 to date of any USM or other sale.; 2. Promissory note & mortgage btwn plft & defts foreclosed as to real property described therein... ; 3. Real property described therein to be sold according to followin provisions... (see Paras 3a-3d for specifics).; 4. Upon confirmation of sale, USM to hold proceeds... after costs & expenses... pending distribution pursuant to further order of ct.; 5. Pltf shall be pd amt due pursuant to distribution of sale proceeds.; 6. Clrk of Ct to deliver true copy of this order to USM.; 7. Ct shall retain jurisdiction... (See order/jdgmt for complete details.) Signed by Honorable Christopher C. Conner on 07/12/11. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA
Plaintiff
v.
TRACIE JO GENTZYEL and
DENNIS E. GENTZYEL
Defendants

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CIVIL ACTION NO. 1:11-CV-530
(Judge Conner)

ORDER AND DEFAULT JUDGMENT
AND NOW, this 12th day of July, 2011, upon consideration of plaintiff’s
motion for default judgment (Doc. 6) and documents filed in support thereof (see
Docs. 1, 6, 7), to which there are no objections, it is hereby ORDERED as follows:
1.

Plaintiff’s motion for default judgment (Doc. 6) is GRANTED.
Judgment is hereby ENTERED in favor of plaintiff and against
defendants in the amount of $98,957.34, plus interest at the rate of
$10.46 per day from May 15, 2010, to the date of any Marshal’s Sale or
other sale of property.

2.

The promissory note and mortgage between plaintiff and defendants is
foreclosed as to the real property described therein. In accordance
with Section 204(1) of the National Housing Act there is no right of
redemption in the mortgagor or any other person.

3.

The real property described therein shall be sold according to the
following provisions:
a.

The United States Marshal for the Middle District of
Pennsylvania is directed to sell the real property specified in the
mortgage between plaintiff and defendants for cash to the
highest bidder at a public, judicial sale pursuant to 28 U.S.C.
§ 2001 within 180 days of the date of this order. Notice must be
given, in accordance with 28 U.S.C. § 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 wherein the real estate is situated; plaintiff may

advertise a short description of the property rather than a
complete legal description.
b.

c.

Plaintiff, United States of America, or its nominee is granted
right of entry at reasonable times to the subject premises for
purpose 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 information necessary for the inspection,
advertisement and sale of the subject premises.

d.

4.

Ten percent (10%) of the highest bid must be deposited in a
certified 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 check or cashier’s check by the highest
bidder to the Marshal within ten (10) days after the sale is
confirmed 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 confirmation. If the highest bidder fails to
settle, all his 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 court at the risk of
the defaulting bidder whose deposit shall be forfeited; and in
case of a deficiency on such resale, he shall make good the same
to the person thereby injured. The highest bidder shall take the
real estate subject to and is to pay all current 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.

Motion for Confirmation of the public sale shall be made by the
Marshal or plaintiff to the court thirty (30) days after the date of
sale.

Upon confirmation of the sale, the Marshal shall hold the proceeds of
the sale after costs and expenses of the sale pending distribution
pursuant to further order of this court.

2

5.

Plaintiff shall be paid the amount due pursuant to the distribution of
the proceeds of the sale.

6.

The Clerk of Court is directed to deliver a true copy of this order to the
United States Marshal.

7.

The court shall retain jurisdiction over this matter for the purpose of
granting such orders and decrees as the circumstances may require.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge