Opinion
Civil Action No. 1:02-CV-2687-RLV (Formerly Civil Action No. 02-A-6874, Sup.Ct. of Gwinnett County)
August 7, 2003
PERRY W. GREENE, Monroe, Defendant Pro Se
FRANK M. DALE JR., Washington, D.C., for Defendant United States of America
CONSENT ORDER
The Plaintiff, Midfirst Bank, filed a Complaint for Interpleader with the Superior Court of Gwinnett County, Georgia. Defendant, United States of America ("United States"), removed this matter to this Court pursuant to 28 U.S.C. § 1446. By Consent Order dated April 21, 2003, this Court ordered the payment of $3,715.30 to Midfirst Bank and the dismissal of Midfirst Bank and the City of Snellville as parties to this action. On June 18, 2003 and June 23, 2003, the Clerk entered defaults against defendants Richard D. Hill and the Georgia Department of Revenue, respectively. As the United States and Perry W. Greene ("Greene") are the only remaining parties that have appeared in this matter and have claimed an interest in the interpleaded funds, and as the United States and Greene have reached an agreement with respect to disbursement of such funds, it is hereby
ADJUDGED and ORDERED that Greene is entitled to receive from the interpleaded funds at issue in this case the sum of $11,803.34, which represents the amount of the interpleaded funds to which he is entitled pursuant to a Deed to Secure Credit entered into with Richard D. Hill ("Hill") and recorded on April 5, 1989, and it is
FURTHER ORDERED that the Clerk is to disburse to Perry W. Greene, who resides at 320 Seven Oaks Drive, Monroe, North Carolina, 28110, the sum of $11,803.34, and it is
FURTHER ORDERED that the United States is entitled to all of the remaining interpleaded funds, together with any interest thereon, pursuant to federal tax liens that attach to the interpleaded funds as a result of Hill's assessed, unpaid federal tax obligations for the tax years 1986 through 1996, and it is
FURTHER ORDERED that following disbursement of $11,803.34 to Greene, the Clerk is to disburse the remainder of the interpleaded funds to the United States Treasury — Internal Revenue Service, c/o Frank M Dale Jr., Trial Attorney, P.O. Box 14198, Tax Division, U.S. Department of Justice, Washington, D.C. 20044.
FURTHER ORDERED that the United States and Greene are dismissed as parties to this action, and that the Clerk is directed to close this case.