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United States of America v. Bernard I. Herbst

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 29, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BERNARD I. HERBST, DOING BUSINESS AS NITTANY LINES HOBBIES; AND CINDY B. HERBST, DEFENDANTS.

The opinion of the court was delivered by: Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania

ORDER

Having considered the United States' motion for default judgment, any response(s) thereto, the applicable law, and the entire record of this case; and finding that the United States will be prejudiced if the Court denies default judgment, that the defendants appear to have no litigable defense, that the defendants' default is due to their own culpable conduct, and that alternative sanctions would not be effective, it is hereby ORDERED that the United States' motion for default judgment is GRANTED and Default Judgment should be entered in favor of the United States as to all counts of its Complaint and as to all parties; and it is FURTHER ORDERED that the Clerk shall enter the attached Judgment as a separate entry on the docket of this case. The Court will enter a separate Order of Sale of the real property located at 1221 William Street, State College, Pennsylvania, and the proceeds of such sale will be distributed by future Order of this Court.

Yvette Kane

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

No. 4:12-cv-01471-YK

UNITED STATES OF AMERICA, Plaintiff, v. BERNARD I. HERBST, ) doing business as ) NITTANY LINES HOBBIES; and CINDY B. HERBST, Defendants.

DEFAULT JUDGMENT

In accordance with the Court's Order, Default Judgment is entered as follows:

(1) Bernard I. Herbst was indebted to the United States in the amount of $295,696.20 as of March 28, 2012, plus all interest and statutory additions pursuant to 28 U.S.C. § 1961 and 26 U.S.C. § 6621 that have accrued on the unpaid balance since March 28, 2012 and that accrue hereafter until the liabilities are fully paid, in connection with the federal tax assessments made against him for the following tax liabilities:

Type of Tax Tax Period Ending On Assessment Date

06/30/1997 07/14/2008 06/30/1998 10/06/2008 09/30/1998 07/14/2008 12/31/1998 06/30/2008 03/31/1999 06/30/2008 06/30/1999 06/30/2008 09/30/1999 06/30/2008

Employment 12/31/1999 06/30/2008

(Form 941) 03/31/2000 06/30/2008

06/30/2000 03/01/2010 09/30/2000 03/01/2010 12/31/2000 03/01/2010 03/31/2001 06/30/2008 06/30/2001 06/30/2008 09/30/2001 06/30/2008 12/31/2001 06/30/2008 03/31/2002 01/04/2010 06/30/2002 10/05/2009 09/30/2002 10/05/2009 12/31/2002 10/05/2009 03/31/2004 04/07/2008 06/30/2004 04/07/2008

09/30/2004 03/31/2008 12/31/2005 03/31/2008 Employment 03/31/2008 10/06/2008 (Form 941)

[cont'd] 06/30/2008 10/06/2008

09/30/2008 02/16/2009 12/31/2008 05/04/2009 12/31/1996 06/23/2008 12/31/1998 06/30/2008 12/31/2000 01/04/2010 12/31/2002 10/05/2009 Unemployment 12/31/2003 04/21/2008

(Form 940) 12/31/2004 04/21/2008

12/31/2005 04/21/2008 12/31/2006 04/07/2008 12/31/2007 04/07/2008 12/31/2008 05/04/2009

Civil Penalty (IRC § 6721) 12/31/2006 09/21/2009

(2) The United States has valid and subsisting tax liens against Bernard I. Herbst that attached to his interest in the Real Property located at 1221 William Street, State College, Pennsylvania ("the Real Property"), those tax liens are hereby foreclosed, and the Real Property shall be sold by the Internal Revenue Service.

Dated this ___ day of __________________, 20____.

MARY D'ANDREA Clerk of Court

By: Deputy Clerk

20121129

© 1992-2012 VersusLaw Inc.



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