United States Of America v. Jennings

Filing 12

ORDER (memorandum filed previously as separate docket entry): Plaintiff's motion for default judgment is granted; judgment is entered in favor of Plaintiff, United States of America, and against Defendant Leslie Jennings, Administratrix of the E state of Rachel F. Boose, deceased, in the amount of $169,516.40 plus interest at the rate of $17.65 per day from June 3, 2016 to the date of any Marshal's Sale or other sale of property. Jurisdiction is retained over this matter for the granting of such orders and decrees as the circumstances may require. Signed by Honorable Matthew W. Brann on 5/3/17. (see order for further/complete details) (certified copy to USM Wmspt)(lg)

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

v.

Civil Action No: 16-02383

LESLIE JENNINGS, Administratrix of the Estate of
Rachel F. Boose Deceased
Defendant

ORDER
AND NOW, this

3rd

day of

May

, 2017, upon consideration of Plaintiffs rrnion for

default judgment, the accompanying memorandum of law and affidavit, and any opposition tl:i1: reto, 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, LESLIE JENNINGS, Administratrix of the: Lstate of
Rachel F. Boose Deceased, in the amount of $169,516.40 plus interest at the rate of $17.65 p•!l' day from
June 03, 2016 to the date of any Marshal's Sale or other sale of Property.
2.

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

to the property located at RR2 Box 181B a/k/a 5507 Berwick Turnpike Columbia Cross Roads. PA
16914 ("Property"). In accordance with the provisions of the National Housing Act, there is ni:• right of
redemption in the mortgagor or any other person. 12 U.S.C § l 701k; United States v. Forest Glen Senior
Residence, 287 F.Supp. 343(D.Or. 1967).
3.

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

The United States Marshal for the Middle District of Pennsylvania i5 directed to

sell the Property for cash to the highest bidder at a public, judicial sale pursuant to Title 28 US .C. Section
2001within180 days of this Order. Notice must be given, in accordance with 28 U.S.C. Sectirn 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

co~ts

and

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expenses of tax sale, Plaintiff may advertise a short description of the Property rather than a c:c nplete
legal description.
(b)

Ten percent (I 0%) of the highest bid must be deposited in certified c h1 :ck or

cashier's check with the United States Marshal by the bidder immediately upon the Property bf: ing struck
down to the bidder. The balance of the purchase money must be paid in certified or cashier's c: ieck by the
highest bidder to the Marshal within ten ( 10) days after the sale is confirmed by the Court, w tl out
demand for the same being made by the Marshal. It is the highest bidder's responsibility to

a~c::!rtain

the

date of confirmation. If the highest bidder fails to settle, all their rights in the real estate shal c: ease and
be completely void and the Property may be re-advertised and sold by the Marshal without ft.rt her order
of the Court at the risk of the defaulting bidder whose deposit shall be forfeited; and in case cf

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deficiency on such resale, they shall make good the same to the person thereby injured. The ii ~est
bidder shall take the Property subject to and is to pay all state and local taxes, water rents or ch rrges,
sewer rents or charges, and municipal claims, and any other claims, charges and liens against ti 1e Property
which are not divested by the Marshal's sale, and shall pay all state, local and federal transfer t: xes and
stamps. If Plaintiff is not the successful bidder, Plaintiff will automatically be registered as th~: second
highest bidder at the judgment amount and may proceed to make settlement with the Marshal i11 the event
of default by the highest bidder.
(c)

Plaintiff, United States of America, or its nominee, is granted right of 1:ntry 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 neee ;sary for
the inspection, advertisement and sale of the Property.

(d)

Motion for Confirmation of the public sale shall be made by the Mars!: al or the

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:: fter 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 oi' ·:he

proceeds of the sale.

6.

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

the Clerk.
7.

Jurisdiction is retained over this matter for the granting of such orders and dee. ·ees as the

circumstances may require.
HE COURT:

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