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CASE 0:13-mc-00079 Document 1 Filed 10/03/13 Page 1 of 3

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IN TI{E STATE COURT OF FULTON COT]NTY STATE OF'GEORGIA

SALLIE MAE SERVICING CORPORATION, Plaintiff,
v.

CNIL ACTION FILE No' 06-w-0e,18:"?3r ::v < r . {

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MERCEDES HENDERSON.
Defendant.

ORDER GRANTING PLAINTIFF'S MOTION f,'OR ST]MMARY JUDGMENT oN DAMAGES

The above-styled matter came before this Court on Plaintiffs Motion for
Summary Judgment. On November

2, 2009, the Court entered an Order Vacating

Defauit Judgment. The Order entered an amended default judgment as to liability only
against Defendant. Plaintiff chose to establish damages by motion in lieu of evidentiary

hearing. In support of its Motion for Summary Judgment, Plaintiff relies upon sworn affidavit testimony and other competent dvidence
response to

of

Defendant's indebtedness. In

Plaintiff s Motion, Defendant argued that Plaintiff had failed to establish an

entitlement to any damages because the promissory note at issue, by its terms and based on Defendant's continuing education, remains in deferment.

Having reviewed and considered PlaintifPs Motion for Summary Judgment and supporting materials, Defendant's response

in opposition thereto, the record evidence

(including the Affrdavit of Robin Zimmermann with attached exhibits), and applicable law, the Court finds that Plaintiff established, as a matter of law, the amounJ 9.
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Defendant to Plaintiff. The Court firther finds that ttr" irrrr"

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CASE 0:13-mc-00079 Document 1 Filed 10/03/13 Page 2 of 3

Defendant, relates to liability, not damages, and that liability has been established by

default. Accordingly,

IT IS HEREBY

ORDERED AND ADJUDGED that Plaintiffls MOtiON fOr

Summary Judgment is GRANTED. Plaintiff shall have judgment against the Defendant

for the principal amount of $26,580.87, pre-judgment interest of $9,416.06, and court
costs of $142.50.

This

tt7

day of February,2}l}.

Judge, State Court of Fulton CountY Copies to:

Hal J. Leitman, Esq. MACEY, WILENSKY, KESSLER & HENNINGS, LLC 230 Peachtree Street, NW Suite 2700 Atlanta, GA 30303 Attorney for Plaintiff
F. Robert Slotkin, Esq. 111 N. McDonough Street Decatur, Georgia 30030 Attorney for Defendant

d0 ci.#itl th?'t ,.. trii|rin ?ilrif,,o:nl le s tru0 Compliif,i, e*il rr:iiiila:|. ?A.i:! r;? !.n.'i $ilfii'nl ifl aid c8ae, &3 sFiiaar$ l:t l:':o i.ttii;,:.ici t:..t i;:'J l:1 tho Oftlco

$ailhilan

www.SallleMae.com

CASE 0:13-mc-00079 Document 1 Filed 10/03/13 Page 3 of 3

IN 46206
1a00) 25L-4L27

PO BOX 6228

INDIANAPOLIS

Account Number: 945636a922-L

STATE COURT OE EUTTON CNTY

ATLANTA

].85 CENTRAL AVE

SW

GA

30303-3519

Dear

STATE COURT

oF

EULTON

CNTY: to
the

O3/30/LO

HICA EDUCATION LOAN CORPORATION,

in consideration of the funds paid by the Unit,ed States of Anerica, hereby assign assignee, the judgenent recovered on 02/L8/10 docketed in fulton county, georgia, Case No. 05-vs-094873d, against MERCEDES J HENDERSON.

I, diane klinges/ representing

Assignor authorizes the United States of America to ask, denand, receive and to sue out executions and take aII lawfu1 ways for recovery of the money due or to become due on this judgment. Assignor has not done and will noL do anything to hinder or prevent the United States of America fron enforcing this judgmenL.
The assigenor's address is: HICA EDUCATION LOAN 3900 I^I TECHNOLOGY CIRCIE, SIOUX FALLS, SD, 57106, (605) 351-s051.
CORPORATION,

The Assigneets address is: United States of America, United SLates Department of Health and Human Services, Debt,Management Branch, 5500 Fishers Lane, Room 88-45, Rockville, MD 20857, 30L-443-L782,

I have executed on 03/30/10.

this

assignment

at

HICA EDUCATION ldeU COnpORATIoN,

PHONE

(800)2s14127 .

FAX (800)

848-1949

TDDTmY

(888) 833-7562

24 HRS/? DAYS

Para comunicarse en Espanol con'Atenci6n al Ctente', llame gratis aI l-888-27i-5543, y marque el numero correspondiente.

L1t5

El?Etg

4880