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United States v. Konco

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


March 24, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANTHONY J. KONCO, JR., BERNADETTE L. KONCO, ARNOT MEDICAL SERVICES, DUANE SPILDE, COMMISSIONER OF HUMAN SERVICES, OR HIS SUCCESSOR IN OFFICE, CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES, JEFFREY BERRY, DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

By notice of motion (Dkt. #24), the United States moves for an order distributing surplus monies resulting from the Judgment of Foreclosure entered October 8, 2004. Based on the Report of Sale, it appears that there are surplus funds of $9,726.35, plus interest.

All parties or claimants believing that they have some entitlement to these proceeds must submit a detailed affidavit indicating the sum to which they believe they are entitled and the reason the claim should be granted and why it has priority over other claims. These claims and affidavits must be filed in this Court on or before April 18, 2008. The Clerk is directed to serve this on the Chemung County Department of Social Services; Arnot Medical Services, P.C., and Anthony J. and Bernadette L. Konco, 115 Lynhurst Avenue, Horseheads, New York 14845 and at Middleton Town Park, Lot. 7, Columbia Cross Roads, PA 16914.

IT IS SO ORDERED.

20080324

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