IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America,

Plaintiff, 

v. Criminal No. 00-152-01-JD 

Patrick McKenna,

Defendant. 

CONSENT ORDER OF PAYMENT

Plaintiff, the United States of America, having obtained

Judgment in the captioned action, and the defendant, having

consented to the making and entry of this Consent Order of

Payment, hereby agree as follows:

1. This Court has jurisdiction over the subject matter of

this litigation and over all parties thereto. 

2. The defendant hereby agrees to repay the balance of the

restitution in the sum of $9,568.90.

3. Plaintiff's consent to the entry of this Order of

Payment is based upon certain financial information which

defendant has provided to plaintiff and the defendant's express

representation to plaintiff that he is unable to presently pay

the amount of restitution in full. The plaintiff's consent to

the entry of this Order of Payment also is based upon the further

representation of the defendant that he will well and truly honor

and comply with the Order of Payment entered in this case which

provides terms and conditions for the defendant's payment of the

restitution in regular monthly installment payments, as follows:

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(a) Beginning on or before the 1st day of April, 2006, the

defendant shall tender to the United States a bank check or money

order, payable to the Clerk, U.S. District Court, in the amount

of $150.00 and shall tender a like sum on or before the 1st day

of each of the following months until the entire amount of the

Judgment is paid in full. Defendant agrees to submit a financial

statement on or before February 1 of each year and understands

that the monthly payment amount may be increased, if appropriate.

(b) The defendant shall mail each monthly installment

payment to: Clerk, U.S. District Court, 55 Pleasant Street, Room

110, Concord, NH 03301. Personal checks will not be accepted.

(c) The defendant shall keep the United States currently

informed, in writing, of any material change in his financial

situation or ability to pay, and of any change in his employment,

place of residence, or telephone number. Defendant shall provide

such information to the United States Attorney at 53 Pleasant

Street, 4th Floor, Concord, NH 03301-3904.

(d) The defendant shall provide the United States with

current, accurate evidence of his assets, income and expenditures

(including, but not limited to, his Federal income tax returns)

on an annual basis or within fifteen (15) days of a request for

such evidence by the United States Attorney. 

4. A Notice of Lien shall be recorded among the records of

the Registry of Deeds in the county of residence of the

defendant, and all other jurisdictions where it is determined by

the United States that the defendant owns real or personal

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property. Notwithstanding the periodic payment schedule

specified in paragraph 3(a), the lien secured by the Abstract of

Judgment will not be released in anticipation of a sale or

transfer of defendant's real property until the United States

receives full payment of the balance of the Judgment or such

other lump sum as the United States may agree.

5. Defendant acknowledges that the debt which is the

subject of this Order of Payment originated from a Judgment in a

Criminal Case entered by this Court on June 18, 2001, for an

order of restitution which remains subject to the exception from

discharge provisions of 11 U.S.C. § 523.

6. Default under the terms of the Consent Order of Payment

will entitle the United States to execute on the Judgment without

notice to the defendant. The parties agree that the defendant

shall be in default under the terms of the Order of Payment if

any payment is not received in the United States District Court

by the 5th calendar day after the payment due date as specified

in paragraph 3(a) above.

7. The defendant has the right of prepayment of this debt

without penalty.

8. The parties further agree that any Consent Order of

Payment which may be entered by the Court pursuant hereto may

thereafter be modified and amended upon stipulation of the

parties; or, should the parties fail to agree upon the terms of a 

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new stipulated Order of Payment, the Court may, after 

examination of the defendant, enter a supplemental Order of

Payment.

THOMAS P. COLANTUONO

United States Attorney

/s/ Patrick McKenna By: /s/ David L. Broderick

Patrick McKenna, pro se David L. Broderick (No. 0123)

20 Stagecoach Road Assistant U.S. Attorney

Durham, NH 03824 U.S. Attorney's Office

 53 Pleasant Street, 4th Floor

 Concord, NH 03301-3904

DATED: March 18, 2006 DATED: March 23, 2006

APPROVED THIS DAY OF , 2006.

 ______________________________

U.S. District Court Judge

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