UNITED STATES OF AMERICA v. ALL UNKNOWN HEIRS OF DONNA K. GIGLIOTTI, DECEASED

Filing 11

MEMORANDUM ORDER granting 8 Motion for Default Judgment and adopting Report and Recommendations re 10 Report and Recommendations. Signed by Judge Terrence F. McVerry on 4/7/2015. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
ALL UNKNOWN HEIRS OF DONNA
K. GIGLIOTTI, DECEASED,
Defendants.

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Civil Action No. 14-298E
United States District Judge
Terrence F. McVerry
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER
This case was commenced on December 1, 2014, and was referred to United States
Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges. On
March 4, 2015, Magistrate Judge Eddy filed a Report and Recommendation (ECF No. 10)
recommending that Plaintiff’s Motion for Default Judgment (ECF No. 8) against All Unknown
Heirs of Donna K. Gigliotti, Deceased (“Defendants”) be granted. That same day, a copy of this
Report and Recommendation was mailed to Defendants at their last known address, which
advised Defendants that they had fourteen (14) days to file written objections to the Report and
Recommendation. To date, no Objections to the Report and Recommendation were filed.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following order is entered:
AND NOW, to wit, this 7th day of April, 2015, after consideration of the foregoing

Motion upon Default for Judgment in Mortgage Foreclosure and for Deficiency Judgment
(ECF No. 8), heretofore filed by the Plaintiff, United States of America, it is hereby
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ORDERED that said Motion is GRANTED.
It is further ORDERED that Judgment by Default is hereby entered against Defendants
All Unknown Heirs of Donna K. Gigliotti, Deceased for failure to answer and in favor of
Plaintiff, United States of America, as follows:
Principal and advances
Interest through 5/15/14
Interest Credit Subject to Recapture
Attorney Fees
Escrow Due
TOTAL

$ 23,989.43
$
688.63
$ 13,856.18
$ 1,500.00
$
651.52
$ 40,685.76

together with interest at 8.25% per annum to the date of judgment, plus interest from the date of
judgment at the legal rate, reasonable attorneys’ fees and collection costs.
It is further ORDERED that the subject property hereby shall be and is exposed for
the purpose of satisfying Plaintiff’s Judgment.
It is further ORDERED that Plaintiff shall be paid the amount adjudged due to
Plaintiff with interest thereon to the time of such payment, together with costs of this
action and the expenses of sale.
It is further ORDERED that the Report and Recommendation is adopted as the
Opinion of the Court.

s/ Terrence F. McVerry
United States District Judge

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cc:

Plaintiff’s counsel via CM-ECF
All Unknown Heirs of Donna K. Gigliotti, Deceased
12 Kent Drive,
Bradford, Pennsylvania 16701

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