United States of America v. Curfman et al
ORDER & DEFAULT JUDGMENT granting pltf's motion 9 for default jdgmt - JUDGMENT hereby ENTERED in favor of pltf United States of America & against defts William J. Curfman & Jody L. Shauf in amt of $210,819.27 plus interest @ rate of $23.30/day from 8/5/7 to date of any USM or other sale of property; directing that promissory note & mortgage btwn pltf & defts foreclosed as to real property @ 1580 Saint Thomas-Edenville Rd, Chambersburg, PA 17202-7535 w/ no rt of red emption in mortgagor or any other person; directing sale of real property according to following provisions... (see Paras 3a-d for specific instructions); directing USM, upon confirmation of sale, to hold proceeds after costs & expenses pending distr ibution of sale proceeds; dircting pltf shall be pd amt due pursuant to the distribution of proceeds of sale; directing Clrk of Ct to deliver true copy of this order to USM; & noting ct shall retain jurisdiction over this matter... (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 4/10/18. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
WILLIAM J. CURFMAN AND
JODY L. SHAUF,
CIVIL ACTION NO. 1:17-CV-1945
(Chief Judge Conner)
ORDER AND DEFAULT JUDGMENT
AND NOW, this 10th day of April, 2018, upon consideration of plaintiff’s
motion for default judgment (Doc. 9) and documents filed in support thereof (see
Docs. 1, 10), to which there are no objections, it is hereby ORDERED as follows:
1. Plaintiff’s motion for default judgment (Doc. 9) is GRANTED. Judgment is
hereby ENTERED in favor of plaintiff, UNITED STATES OF AMERICA,
and against defendants, WILLIAM J. CURFMAN AND JODY L. SHAUF, in
the amount of $210,819.27, plus interest at the rate of $23.30 per day from
August 5, 2017, to the date of any Marshal’s Sale or other sale of property.
2. The promissory note and mortgage between plaintiff and defendants are
foreclosed as to the real property located at 1580 Saint Thomas-Edenville
Road, Chambersburg, PA 17202-7535. 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
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
b. 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.
c. Plaintiff, United States of America, or its nominee is granted right of
entry at reasonable times to the subject premises for purpose of presale 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
d. 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.
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 to further
order of this court.
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, Chief Judge
United States District Court
Middle District of Pennsylvania
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