United States Of America v. Bittinger

Filing 12

MEMORANDUM (Order to follow as separate docket entry) re 6 MOTION for Default Judgment as to AMY A. BITTINGER filed by United States Of America. Signed by Honorable Matthew W. Brann on 11/13/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
AMY A. BITTINGER,
Defendant.

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No. 4:17-CV-01194
(Judge Brann)

MEMORANDUM OPINION
NOVEMBER 13, 2017
FINDINGS:
1.

On July 7, 2017, Plaintiff, the United States of America, filed its
Complaint in this action against the Defendant, Amy A. Bittinger.
ECF No. 1;

2.

Service of the operative Summons and Complaint was personally
made upon the Defendant in accordance with Federal Rule of Civil
Procedure 4(e). ECF No. 6, Ex. 2;

3.

The Defendant has failed to timely answer Plaintiff’s Complaint;

4.

On October 13, 2017, the Clerk of Court entered Default as to the
Defendant. ECF No. 9;

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5.

On October 12, 2017, Plaintiff moved for entry of Default Judgment
as to the claims advanced in its Complaint against the Defendant. ECF
No. 6;

6.

The Defendant has failed to make an appearance in this action;

7.

Plaintiff’s claim is for $ 220,058.86 together with interest accruing
upon the unpaid balance at a daily rate of $ 26.94 due on a March 28,
2007 loan from the United States Department of Agriculture in the
principal amount of $168,000.00, ECF No. 1 at 2-3;

8.

Accordingly, Plaintiff’s claim “is for a sum certain or a sum that can
be made certain by computation” as contemplated by Federal Rule of
Civil Procedure 55(b)(1);

9.

Counsel for Plaintiff swears that, upon reasonable investigation, the
Defendant is not believed to be presently in the military service of the
United States. ECF No. 8;

10.

On October 17, 2017, this Court issued a Notice and Order to Show
Cause, ECF No. 10, directing as follows:
IT IS HEREBY ORDERED that the Defendant, within twenty-one
(21) days of this Notice and Order to Show Cause and no later than
November 7, 2017 at 5:00 p.m., shall SHOW CAUSE as to why this
Court should not grant Plaintiff’s Motion for Default Judgment. In
the event that the Defendant fails to show cause, the Defendant is
NOTICED that this Court will grant Plaintiff’s Motion for Default
Judgment in full and will immediately award Plaintiff the entirety of
the relief it seeks.
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11.

In that same Order, the Court further directed the Clerk of Court to
mail a copy of the same to the Defendant at the following address of
record:
Amy A. Bittinger
462 W. 4th Street
Waynesboro, PA 17268.

12.

The Clerk mailed a copy of the Notice and Order to Show Cause as
directed. ECF No. 11;

13.

As of today’s date, no response has been received from Defendant.

CONCLUSION:
Plaintiff, the UNITED STATES OF AMERICA, is entitled to the entry of
default judgment, the Defendant, AMY A. BITTINGER, having failed to show
cause and having been noticed that this Court will grant Plaintiff’s Motion for
Default Judgment in full and will immediately award Plaintiff the entirety of the
relief it seeks in the event of such failure. Accordingly, Plaintiff’s Motion for
Default Judgment, ECF No. 6, is GRANTED. An appropriate Order shall issue.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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