United States of America v. Nellermoe

Filing 1

COMPLAINT against defendant(s) Mark D Nellermoe, filed by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons)(Bartlett, Anastasia) (Fee Waived)

United States of America v. Nellermoe

Doc. 1

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COMPLAINT - 1
U N ITED STATES ATTO R N EY 700 S TEWART S TREET , S UITE 5220 S EATTLE , W ASHINGTON 98101-1271 [phone]

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, Plaintiff, v. MARK D. NELLERMOE, DPM, Defendant. ) ) ) ) ) ) ) ) ) )

NO.

COMPLAINT

The United States of America, by and through Jenny A. Durkan, United States Attorney for the Western District of Washington, and Anastasia D. Bartlett, Assistant United States Attorney, for its Complaint against the Defendant alleges: I Jurisdiction is conferred upon this Court pursuant to Title 28, United States Code, Section 1345. II The Defendant resides within the Western District of Washington.

Dockets.Justia.com

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COMPLAINT - 2

III The Defendant applied for and was granted Health Education Assistance Loans (HEAL) insured by the Department of Health & Human Services, as authorized under 42 U.S.C. § 292 et seq. Said loans are more particularly set out in the Certificate of Indebtedness, attached hereto as Exhibit 1. Copies of the HEAL applications and promissory notes signed by Defendant are attached hereto as Exhibits 2 and 3. IV Although demand has been made for payment, there remains due and owing under the Health Education Assistance Loans the principal sum of $79,034.50; administrative/collection costs of $.00; plus $874.90 interest, as of March 17, 2011; and interest continues to accrue on the principal sum of $79,034.50 at the current rate of 3.25% ($7.02 per day). Interest is computed at a variable rate, is adjusted quarterly, and is compounded semi-annually. See Exhibit 1. V In addition to the amounts set forth above, the United States of America is entitled to have and recover reasonable attorneys fees from the Defendant. WHEREFORE, the United States demands judgment against Defendant as follows: 1. Principal in the amount of $79,034.50; administrative/collection costs of $.00; and interest

in the amount of $874.90 accrued through March 17, 2011; 2. Interest to continue to accrue on the $79,034.50 principal at the rate of 3.25% per annum

($7.02 per day) from March 17, 2011 until paid in full or until date of judgment; 3. Interest on the total judgment amount from the date of judgment at the legal rate in effect on

the date of judgment, computed daily and compounded annually, until paid in full, pursuant to U.S.C. §§ 1961; 4. 5. 6. Reasonable attorney's fee; Costs of suit; Filing fee of Three Hundred Fifty Dollars ($350.00) pursuant to 28 U.S.C. § 2412(a)(2);

U N ITED STATES ATTO R N EY 700 S TEWART S TREET , S UITE 5220 S EATTLE , W ASHINGTON 98101-1271 [phone]

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7. 8.

Docket fees of Twenty Dollars ($20.00) pursuant to 28 U.S.C. § 1923(a); and Such other relief as this Court may deem just.

DATED this 21st day of March 2011. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COMPLAINT - 3
U N ITED STATES ATTO R N EY 700 S TEWART S TREET , S UITE 5220 S EATTLE , W ASHINGTON 98101-1271 [phone]

JENNY A. DURKAN United States Attorney

/s/ Anastasia Bartlett ANASTASIA BARTLETT Assistant United States Attorney Washington State Bar No. 7142 700 Stewart Street, Suite 5220 Seattle, WA 98101 Telephone: [phone] Fax: [phone] E-mail: [e-mail]