Free Default Judgment - District Court of Delaware - Delaware


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Date: August 14, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:06-cv-00205-JJF Document 10 Filed 08/13/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, j
v. g Civil Action No. 06-205 JJF
THOMAS R. McGRATH and j
EDNA McGRATH, )
Defendants. g
FINAL ORDER AND JUDGMENT
Upon consideration of the United States’ Motion For Entry Of Default Judgment Against
Defendants Thomas R. McGrath And Edna McGrath, and
The Court finding that good cause exists for the granting of said motion, it is
ORDERED that the United States’ Motion For Entry Of Default Judgment be and hereby
is GRANTED; and it is further
ORDERED that JUDGMENT is entered in favor of the United States and against Thomas
R. McGrath and Edna McGrath, jointly and severally, for unpaid joint Federal income taxes, and
statutory additions, for the years 1990, 1994, 1996, and 1997, as of October 22, 2007, in the total
amount of $ 85,844.34, plus statutory additions accruing thereon according to law from October
22, 2007; and it is further
ORDERED that JUDGMENT is entered in favor of the United States and against Thomas
R. McGrath, individually, for unpaid Form 941 (employment) taxes, and statutory additions, for
the third quarter of 1996, the second, third and fourth quarters of 1997, the first, second, and
fourth quarters of 1998, and the first and second quarters of 1999, as of November 26, 2007, in
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Case 1:06-cv-00205-JJF Document 10 Filed 08/13/2008 Page 2 of 4
the total amount of $ 26,593.88, plus statutory additions accruing thereon according to law from
November 26, 2007; and it is further
ORDERED that the United States has valid and existing liens against all property and
rights to property owned by the defendants, Thomas R. McGrath and Edna McGrath, including
the real property located at 325 A Cedar Neck, Ocean View, Sussex County, Delaware, with a
legal description as follows:
a. Certain real property commonly known as 325 A Cedar Neck, Ocean View,
Delaware, and described in a deed filed on or about August 9, 1995 with the Recorder of Deeds
for Sussex County, Delaware as follows:
All that certain lot, piece or parcel of land in Baltimore
Hundred, Sussex County, Delaware, which is known and
designated as Lot Number 23, on the plot of lands of
Martin E. Cox and Caroline S. Cox, which is of record in
Plot Book Number 6, at page 8. Said lot is on the side of
a thirty foot (3 O') road and the rear property line is on a
lagoon connecting to White Creek as will more fully and
at large appear upon reference to the said plot which was
prepared by Bany Bressler on May 31, 1996;
and it is further
ORDERED that the Federal tax liens of the United States are foreclosed against the real
property owned by Thomas R. McGrath and Edna McGrath located at 325 A Cedar Neck, Ocean
View, Sussex County, Delaware, and that said real property shall be tumed over to the Internal
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Case 1:06-cv-00205-JJF Document 10 Filed 08/13/2008 Page 3 of 4
Revenue Service and sold free and clear of any interest therein of Thomas R. McGrath and Edna
McGrath by the Internal Revenue Service through the agency’s Property Appraisal and
Liquidation Service, or by such representative as may be appointed or employed, in accordance
with Title 28, United States Code (U.S.C.), pursuant to any Order of Sale entered by this Court;
and it is further
ORDERED that the proceeds of the sale of said real property shall be distributed in the
following order:
a. First, to the Intemal Revenue Service, for the cost of the sale;
b. Second, to the United States to be applied against the unpaid
joint Federal income taxes, and statutory additions, due and
owing by Thomas R. McGrath and Edna McGrath for the years
1990, 1994, 1996, and 1997;
c. Any funds remaining after the distributions described in subparts
a and b shall be divided into two equal parts. The first part shall be
paid to the United States to be applied against the unpaid Form 941
(employment) taxes, and statutory additions, due and owing by
Thomas R. McGrath for the employment tax liabilities of Thomas
R. McGrath Plumbing and Heating Company for the third quarter
of 1996, the second, third and fourth quarters of 1997, the first,
second, and fourth quarters of 1998, and the first and second
quarters of 1999, and the second part to shall be distributed to
Edna McGrath, and
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Case 1:06-cv-00205-JJF Document 10 Filed 08/13/2008 Page 4 of 4
d. Fourth, any surplus of the sale proceeds from the property
shall be distributed to Thomas R. McGrath and Edna McGrath;
and it is further
ORDERED that the United States shall, within 30 days from the date the FINAL ORDER
AND JUDGMENT is entered on the docket, tile with the Court a proposed Order directing the
sale of the subject real property; and it is further
ORDERED that the Clerk shall enter judgment in favor of the United States accordingly
pursuant to F ed.R.Civ.P. 58; and it is further
ORDERED that the Clerk shall serve a copy of this FINAL ORDER AND JUDGMENT
on the following:
Thomas R. McGrath
Edna McGrath
6ll Fallon Drive
Wilmington, Delaware 19804
IT is so ORDERED.
Dated: ( $( 2’&9x‘
~ ~ ”%
mq;- AL O~·~c·»
J PH FA AN, JR.
· d States District Judge
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