United States District Court, M.D. Pennsylvania
Malachy E. Mannion, United States District Judge
before the court is the motion for default judgment, (Doc.
6), filed by plaintiff the United States, on behalf of its
agency, the Department of Treasury, against defendants Angelo
Parente and Parente's Riverview Pizzeria, pursuant to
Fed.R.Civ.P. 55(b)(2). Defendants have not appear or defended
in this action seeking to recover an outstanding business
disaster loan debt, and they did not file an opposition brief
to the government's motion. For the reasons that follow,
the court will GRANT the government's
motion and, enter default judgment in its favor and against
25, 2019, the government filed its complaint with an attached
exhibit, namely, Certificate of Indebtedness, indicating that
defendant Angelo Parente, d/b/a Parente's Riverview
Pizzeria of Hughestown, Pennsylvania, executed a promissory
note and unconditional guarantee loan agreement on February
2, 2012 with the U.S. Small Business Administration
(“SBA”) Disaster Assistance Processing and
Disbursement Center for $29, 900, with interest accruing at a
rate of 4.00%. (Doc. 1-2).
Certificate of Indebtedness then indicates that on February
21, 2012, the SBA gave defendants a total of $14, 800, and
defendants subsequenlty made payments on the loan totaling
$3, 742. The SBA applied that defendants' payments as
follows, $2, 869 to the principal and $872.82 to the
Janaury 8, 2014, defendants became delinquent on their loan
obligation and owed a balance of $11, 930.82.
March 18, 2014, the SBA referred defendants' outstanding
debt for collection purposes to the Treasury Department's
Bureau of the Fiscal Service, Debt Management Services
(“DMS”). However, DMS was not able to collect the
delinquent debt from defendants.
on April 26, 2019, DMS referred the debt to the Department of
Justice for litigation and collection of the delinquent
amount due of $11, 930.82, plus daily interest accruing at
$1.31. As of April 26, 2019, defendants are indebted to the
United States in the following amounts: Principal $11,
930.82; Interest (@4.00%) $147.75; and Administrative fees
$4, 358.25. Thus, the total amount defendants owed the
governement as of April 26, 2019 was $16, 436.82. (Doc. 1-2).
complaint, the government avers that demand was made upon
defendants for the stated total amount due but this amount
was not paid.
relief, the government seeks the amount of $16, 436.82, the
allowed filing fee of $150, interest from the date of
judgment at the legal rate of interest in effect on the date
of judgment until paid in full, and costs.
the defendants were served with the summons and complaint,
(Doc. 4), they failed to answer or defend in a timely manner.
Nor did either defendant enter an appearance in this case.
August 29, 2019, the government filed a request for entry of
default against defendants with an Affidavit in support from
government's counsel attached as well as proof that
defendants' were served with the summons and complaint.
(Docs. 5, 5-1 & 5-2).
defendants failed to timely answer or otherwise plead with
respect to the government's complaint, the clerk of court
entered default against defendants on August 30, 2019,
pursuant to Fed.R.Civ.P. 55(a). (Doc. 8).
on August 29, 2019, the government filed a motion for default
judgment, with attached Affidavits of Service, pursuant to
Fed.R.Civ.P. 55(b)(2), seeking the sum certain of $16,
597.95. (Doc. 6; Doc. 1-2). The government also filed a
Verification with an attached Defense Military Authorization
Verification indicating that defendants are not presently in
the military. (Doc. 7). The ...