United States of America v. Beitler

Filing 10

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED THAT: 1.The United States motion for default judgment (Doc. No. 5), is GRANTED; 2.Judgment is hereby entered in favor of the United States of America and againstDefendant Gr ant F. Beitler in the amount of $154,987.96 plus interest at the rateof $16.45 per day from October 14, 2016 to the date of any Marshals Sale orother sale of the property located at 847 Blosser Street, Millersburg, Pennsylvania17061 (the Pr operty); 4.The Property shall be sold according to the following: (a) The United States Marshal for the Middle 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. § 2001...(b) Ten percent of the highest bid must be deposited in certified check or cashiers check with the United States Marshal by the bidder immediately upon the Property being struck down to the bidder...(c) The United States, or its no minee, is granted right of entry at reasonable times to the Property for purposes of pre-sale inspection and Marshals 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 Property...5. 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; 6. The United S tates shall be paid the amount adjudged due pursuant to the distribution of the proceeds of the sale; 7. A true copy of this Order shall be delivered to the United States Marshal by the Clerk of Court; 8. Jurisdiction is retained over this matter for the granting of such orders as the circumstances may require; and9. The Clerk is directed to administratively CLOSE this case. Signed by Honorable Yvette Kane on 5/31/17. SEE ORDER FOR COMPLETE DETAILS.(rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
Plaintiff
v.
GRANT F. BEITLER,
Defendant

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ORDER

No. 1:16-cv-02535
(Judge Kane)

AND NOW, this 31st day of May 2017, default having been entered against Defendant
Grant F. Beitler, and upon consideration of the United States’ motion for default judgment (Doc.
No. 5), together with consideration of the supporting documents filed therewith, IT IS
ORDERED THAT:
1.

The United States’ motion for default judgment (Doc. No. 5), is GRANTED;

2.

Judgment is hereby entered in favor of the United States of America and against
Defendant Grant F. Beitler in the amount of $154,987.96 plus interest at the rate
of $16.45 per day from October 14, 2016 to the date of any Marshal’s Sale or
other sale of the property located at 847 Blosser Street, Millersburg, Pennsylvania
17061 (“the Property”);

3.

The promissory note and mortgage between the United States and Defendant are
foreclosed as to the 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); United States v. Forest Glen Senior Residence, 278 F. Supp.
343, 343 (D. Or. 1967);

4.

The Property shall be sold according to the following:
(a)

The United States Marshal for the Middle 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. § 2001. 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 where the Property is
situated. To reduce the costs and expenses of tax sale, the United States
may advertise a short description of the Property rather than a complete
legal description;

(b)

Ten percent of the highest bid must be deposited in 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 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 their rights in the
real estate shall cease and be completely void and the Property may be readvertised 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, 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 the
United States is not the successful bidder, the United States 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)

The United States, 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 information necessary for the inspection,
advertisement and sale of the Property; and

(d)

Motion for confirmation of the public sale shall be made by the Marshal
or the Plaintiff to the Court thirty days after the date of sale.

5.

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;

6.

The United States shall be paid the amount adjudged due pursuant to the
distribution of the proceeds of the sale;

7.

A true copy of this Order shall be delivered to the United States Marshal by the
Clerk of Court;

8.

Jurisdiction is retained over this matter for the granting of such orders as the
circumstances may require; and

9.

The Clerk is directed to administratively CLOSE this case.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania