HomeMy WebLinkAbout13-3777 Supreme Court of Pennsylvania
Courif Cotnt> Pleas
For Prothonota , L "se 011bl:
V IZ'� r Meet
C'U1VI R# D County Docket No: /P
The r
The information collected on this form is used soleb for court administration purposes. This,fo?7n. does not
supplement or replace the filing and service of pleadings or other- papers as required ky knv or Mlles of court.
S Commencement of Action:
E ® Complaint ❑ Writ of Summons El Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: Lead Defendant's Name:
T EDUCATION LOAN SOLUTIONS KEITH GUTSHALL
j Dollar Amount Requested: ® within arbitration limits
O Are money damages requested? ®Yes ❑ No (check one) ❑ outside arbitration limits
I
N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No
j A Name of Plaintiff /Appellant's Attorney: Apothaker and Associates P.C.
❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑Malicious Prosecution ®Debt Collection: Credit Card F] Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
i ❑ Product Liability (does not
S include mass tort) El Employment Dispute:
Discrimination
I+ ❑Slander /Libel/ Defamation ❑ Employment Dispute: Other
C F Other: ❑Zoning Board
❑ Other:
T ❑ Other:
I
0 MASS TORT
N
F Asbestos
❑ Tobacco
❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS
❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration
❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
$ ❑ Other: ❑ Ground Rent
El Mandamus
❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations
❑ Mortgage Foreclosure: Residential Restraining Order
❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
PROFESSIONAL ❑ Partition ❑ Replevin
LIABLITY ❑ Quiet Title El Other:
❑ Other:
❑ Dental
❑ Legal
❑ Medical
❑ Other Professional:
I
Updated 1 /1/2011
Our File No.: 353937
- OFFICE'
APOTHAKER & ASSOCIATES, P.C. `' THE
Ut'HC4C7�E`:
BY: Kimberly F. Scian, Esquire 20 _.jt
Attorney I.D. #55140
520 Fellowship Road C306 CUMBERLAND COUNTY
Mount Laurel, NJ 08054 p N-NS Y LVAN! A
(800) 672 -0215
Attorneys for Plaintiff
EDUCATION LOAN SOLUTIONS ) COURT OF COMMON PLEAS
707 LANDFALL DRIVE ) CUMBERLAND COUNTY
ROCK HILL SC 29732 )
) NO.: IS-
Plaintiff, )
vs. )
KEITH GUTSHALL )
135 LEEDS ROAD )
NEWVILLE, PA 17241 -9597 )
Defendant. )
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD ST. O
CARLISLE PA 17013 5
717- 249 -3166
4 105 . q5 PA AT>~/
� 1 14
pf a9 08
Our File No.: 353937
APOTHAKER & ASSOCIATES, P.C.
BY: Kimberly F. Scian, Esquire
Attorney I.D. #55140
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672 -0215
Attorneys for Plaintiff
EDUCATION LOAN SOLUTIONS ) COURT OF COMMON PLEAS
707 LANDFALL DRIVE ) CUMBERLAND COUNTY
ROCK HILL SC 29732 )
Plaintiff, ) NO.:
vs. )
KEITH GUTSHALL )
135 LEEDS ROAD )
NEWVILLE, PA 17241 -9597 )
Defendant. )
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is EDUCATION LOAN SOLUTIONS LLC, 707 LANDFALL DRIVE, ROCK HILL,
SC 29732.
2. Defendant(s) is /are KEITH GUTSHALL, an adult individual residing at 135 LEEDS ROAD
NEWVILLE, PA 17241 -9597.
3. Plaintiff is the Assignee and Successor in Interest of the account ( "Account ").
4. At the special insistence and request of the Defendant, while the Defendant was enrolled at
ASHFORD UNIVERSITY, the Defendant entered into oral and /or implied contracts of law, wherein the
Plaintiff was to provide certain educational services to the Defendant
5. The Defendant has an outstanding balance of $4,366.00 which represents the cost of tuition as
set forth in Exhibit "A ".
6. Although demand has been made repeatedly, the Defendant has refused and failed to pay the
balance due, as set forth above, or any portion thereof.
7. Defendant has breached his contract with Plaintiff by not paying said balance due.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$4,366.00.
APOTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A Law Firm Engaged in Dpbt Collection
BY: C
Kimberly ,Acian, Esquire
Dated: June 20, 2013
Our File No.: 353937
VERIFICATION
Kimberly F. Scian, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to
take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to
the best of my knowledge, information, and belief. The undersigned understands that the statements therein are
made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities.
Kimberly . Scian, Esquire
Attorney for Plaintiff
DATE: June 20, 2013
DATE January 22, 2013
INSTITUTION EDUCATION LOAN SOLUTIONS LLC
DEBTOR NAME GUTSHALL, KEITH
ACCOUNT NUMBER KEGUTS6696
DATE LAST ATTENDED 5/23/11
UNPAID PRINCIPAL AT THIS DATE $ 4,366.00
UNPAID INTEREST AT THIS DATE $
PLUS
ASSESSED COLLECTION COST TO BORROWER $
LATE CHARGES $
TOTAL DUE $ 4,366.00
STATE OF SOUTH CAROLINA
COUNTY OF YORK
I AFFIRM THAT AS OF THIS D TE THE ABOVE BALANCE IS TRUE AND CORRECT
TO THE BE MY O DGE
I�
CHRISTOPHER P. RUH / GE�ERAL MANAGER DATE
SWORN TO AND SUBSCRIB D BEFORE ME THIS DAY OF
201
NOTAR PURLIC(SIGUAJ � Ex NAME
July 28, 2018
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F!LE4,i-0 iC
Sheriff �!E r q0T 0� 1A'i%Y
Jody S Smith 0' _ ;
Chief Deputy
Richard W Stewart MMBERLAND ' OUHTY
Solicitor £ ' = P EW4 S Y LVA 9 A
Education Loan Solutions Case Number
V& 2013-3777
Keith Gutshall
SHERIFF'S RETURN OF SERVICE
08/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Keith Gutshall, but was unable to locate the Defendant in his
bailiwick.The Sheriff therefore returns the within requested Affidavit as"Not Found"at 135 Leeds Road,
Penn Township, Newville, PA 17241. Several attempts at service were made but deputies were unable to
effectate service before the Complaint expired.
SHERIFF COST: $33.00 SO ANSWERS,
6Z
August 01, 2013 RONW R ANDERSON, SHERIFF
cj CcuntySuve Sheriff,Teleosaif,Inc.
Our File No.: 353937 ;LLD-a Fi I
APOTHAKER& ASSOCIATES, P.C. J " HE P ROTHON6TA rC1'
BY: David J. Apothaker, Esquire 2:313 OCT -3 PM I: 22
Attorney I.D. #38423
520 Fellowship Road C306 CUMBERLAND COUNTY
Mount Laurel,NJ 08054 PENNSYLVANIA
(800) 672-0215
Attorney for Plaintiff
EDUCATION LOAN SOLUTIONS ) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
Plaintiff, )
vs. ) NO.: 13-3777 CIVIL TERM
KEITH GUTSHALL )
135 LEEDS ROAD ) Civil Action
NEWVILLE, PA 17241-9597 )
Defendant. )
)
)
MOTION FOR ALTERNATIVE SERVICE
1. Plaintiff brings the within motion pursuant to Pa. R.C.P. 430(a), Pa. R.C.P. 410(c)(2).
2. The attached Affidavit is presented in support hereof.
3. A Judge has not ruled upon any other issue in the within motion.
4. Plaintiff attempted to contact the Defendant to seek concurrence of this motion, but was
unsuccessful in doing so.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant an
ORDER permitting service of the Complaint upon the Defendant(s) by posting the
Complaint on the most public part of the property located at 135 LEEDS ROAD
NEWVILLE, PA 17241-9597, and by serving it by certified and regular mail at 135 LEEDS
ROAD NEWVILLE, PA 17241-95! .
APOT AKE' &ASSOCIATES, P.C.
Atto ey for Plaintiff
A Law Fi ' E gaged in P-. Collection
By:
David J. Apothaker, Esquire
Attorney for Plaintiff
Our File No.: 353937
APOTHAKER& ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel,NJ 08054
(800) 672-0215
Attorney for Plaintiff
EDUCATION LOAN SOLUTIONS ) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
Plaintiff, )
vs. ) NO.: 13-3777 CIVIL TERM
KEITH GUTSHALL )
135 LEEDS ROAD ) Civil Action
NEWVILLE, PA 17241-9597 )
Defendant. )
)
)
)
AFFIDAVIT
I, David J. Apothaker, Esquire, attorney for Plaintiff in the above-captioned matter, do
hereby aver to the best of my knowledge, information and belief,the following:
1. Plaintiff brings this action to collect monies due on a credit card account.
2. The Sheriff of CUMBERLAND County was unable to serve the Complaint upon
Defendant at his/her residence at 135 LEEDS ROAD NEWVILLE, PA 17241-9597 because:
• NO ANSWER
Attached hereto as Exhibit "A" is a true and correct copy of the CUMBERLAND County
Sheriffs Return of Service.
3. I have made an investigation to determine the whereabouts of the defendant and
confirm 135 LEEDS ROAD NEWVILLE, PA 17241-9597 as Defendant's address. This
investigation has been supplemented by employees trained to skip trace, the process of locating a
person's whereabouts, from the time this account was opened through the present day. This
investigation consists of, but is not limited to, the use of TLO, LLC, Interactive Data, LLC,
Experian Credit Reporting Bureau, whitepages.com, whitepages.com/reverse-lookup,
searchsystems.net, PA Recorder of Deeds County Remote Access sites, in addition to:
a. Inquiry of United States Postal authorities pursuant to the Freedom of
Information Act, 39 C.F.R. Part 265. Attached hereto as Exhibit `B" is a true and correct copy of
the Request for Change of Address from the Postmaster confirming Defendant's address.
4. This investigation confirms that the address that the Sheriff of CUMBERLAND
County attempted to serve the defendant at 135 LEEDS ROAD NEWVILLE, PA 17241-9597, the
address where defendant is located.
I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A.
§4904 relating to unsworn falsification to authorities.
APOTHAKER& SOCIATES,P.C.
Atto -y for''laintiff
A Law Firm E gaged n Debt Collection
By:
David J. Apothaker, Esquire
Dated: 1 �(� 3
Our File No.: 353937
APOTHAKER& ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel,NJ 08054
(800) 672-0215
Attorney for Plaintiff
EDUCATION LOAN SOLUTIONS ) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
Plaintiff, )
vs. ) NO.: 13-3777 CIVIL TERM
KEITH GUTSHALL )
135 LEEDS ROAD ) Civil Action
NEWVILLE, PA 17241-9597 )
Defendant. )
)
)
CERTIFICATION OF SERVICE
I, David J. Apothaker, Esquire, attorney for Plaintiff, certify that on
, I caused to be served a copy of Plaintiffs Order, Motion for
Alternative Service and Supporting Affidavit by mail on:
Keith Gutshall
135 Leeds Road
Newville, Pa 17241-9597
APOTHA • &A OCIATES,P.C.
Attorney for I laintiff
A Law Fi N. = aged 'n Debt Collection
1
BY: 0
David J. Apothaker, Esquire
n`��� /� �^/~7~
� � �� .
�
SHERIFFS OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
v\ �xw
Jody S Smith
Chief Deputy .
Richard W Stewart
Solicitor re�°sw�p
Education Loan Solutions
vs. Case Number
Keith Gutshall 2013'3777
SHERIFF'S RETURN OF SERVICE
0801/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit: Keith Gutshall, but was unable to locate the Defendant in his
bailiwick.The Sheriff therefore returns the within requested Affidavit as"Not Found"at 135 Leeds Road,
Penn Townshi Newville, PA 17241. Several attempts at service were made but deputies were unable to
effectiate service before the Complaint expired.
SHERIFF COST: $33.00 SO ANSWERS,
August 01, 2013 RONN-S'R ANDERSON, SHERIFF
Our File No.: 353937
August 16,2013
Request for Change of Address or Box Holder
Information Needed for Service of Legal Process
AUG 2 9 an
POSTMASTER
-'7.
NEWVILLE, PA 17241-9597
Please furnish the new address or the name and street address,if a box holder,for the following:
Name: KEITH GUTSHALL
Address: 135 LEEDS ROAD NEWVILLE,PA 17241-9597
NOTE:The name and last known address are required for change of address information. The name,if known and post office box address
are required for box holder information.
The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing box holder information.
The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d) (I) and (2) and corresponding
Administrative Support Manual 352.44a and b.
1. Capacity of requester(e.g.,process server,attorney,party representing himself):ATTORNEY
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se -
except a corporation acting prose must cite statute):
3. The names of all known parties to the litigation:EDUCATION LOAN SOLUTIONS v. KEITH GUTSHALL
4. The court in which the case has been or will be heard:PROTHONOTARY
5. The docket or other identifying number if one has been issued: 13-3777 CIVIL TERM
6. The capacity in which this individual is to be served(e.g.defendant or witness): DEFENDANT
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CIIANGE OF ADDRESS INFORMATION OR
BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION
WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL.PENALTIES INCLUDING A FINE OF UP TO
$10,000.00 OR IMPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF
NOT MORE THAN 5 YEARS,OR BOTI I(TITLE 18 U.S.C.SECTION 1001).
I certify that the above information is true and that the address information is needed and will he used solely for service of legal process in
connection with actual or prospective litigation.
520 Fellowship Road C306
Signature Mount laurel,NJ 08054
DAVID.1 APOTITAKER,ES(.)
FOR POST OFFICE 115E ONLY
V r_ C-o IF`-, . r i4-- IF PO BOX- PROVIDE STREET ADDRESS
C No Change of Address Order on File NEW ADDRESS or BOXHOLDER'S POSTMARK
[1 Not Known at Address Given NAME and STREET ADDRESS
El Moved Left no Forwarding Address i � �' -
n No Such Address . i �- ',
s
EDUCATION LOAN SOLUTIONS ) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
Plaintiff, )
vs. ) NO.: 13-3777 CIVIL TERM
KEITH GUTSHALL )
135 LEEDS ROAD ) Civil Action
NEWVILLE, PA 17241-9597 )
Defendant. )
)
)
)
ORDER FOR ALTERNATE SERVICE OF PROCESS
AND NOW, this ,F4-71 day of az76 , 20 ,3 it is
ORDERED that plaintiff's Motion for Alternative Service of Process, pursuant to Pa.R.C.P. 430
(a), Pa.R.C.P. 410(c)(2) is Grantedf-RRetried. Plaintiff is directed to serve the defendant by
Posting the Complaint on the most public part of the property located at 135 LEEDS ROAD
NEWVILLE, PA 17241-9597 and sending it by certified and regular mail to 135 LEEDS ROAD
NEWVILLE, PA 17241-9597.
BY THE COURT:
J.
Co4ac'e_s /12bArl
K . 0,444
! 8//2
FILED-OFFICE
Our File No.: 35393? "`' "` ° '
APOTHAKER&ASSOCIATES, P.C. LC113 OCT 31 PM 2: 26
BY: David J. Apothaker, Esquire
Attorney I.D.# 38423 CUMBERLAND COUNTY
520 Fellowship Road C306 PENNSYLVANIA
Mount Laurel,NJ 08054 -
(800) 672-0215
Attorney for Plaintiff
EDUCATION LOAN SOLUTIONS ) COURT OF COMMON PLEAS
Plaintiff, ) CUMBERLAND COUNTY
vs. )
)
)
KEITH GUTSHALL ) NO.: 13-3777 CIVIL TERM
)
Defendant. )
)
PRAECIPE TO
REINSTATE COMPLAINT - CIVIL ACTION
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above captioned Civil Action for an
additional thirty (30) days.
APOTHAKER : ASSOCIATES, P.C.
Atto -y fo►Plaintiff
A Law Firm Eng ages in Debt Collection
BY:
David J. Apot er, Esquire
i4 IDIJ cd4y
e,bvso,
4acri & 02
Our File No.: 353937
APOTHAKER& ASSOCIATES, P.C. M
BY: David J. Apothaker, Esquire '-j c-) -z, .,
Attorney I.D.# 38423 7 ,,� ) '
520 Fellowship Road C306s
Mount Laurel,NJ 08054
(800) 672-0215 N)
Attorney for Plaintiff --_ '
EDUCATION LOAN SOLUTIONS ) COURT OF COMMON PLEAS
Plaintiff, ) CUMBERLAND COUNTY
vs. )
KEITH GUTSHALL ) NO.: 13-3777 CIVIL TERM
Defendant. )
PRAECIPE TO
REINSTATE COMPLAINT - CIVIL ACTION
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above captioned Civil Action for an
additional thirty (30) days.
APOTHAKER qaged OCIATES,P.C.
Attorn laintiff
A Law Firm En Debt Collection
BY:
David J. Apotha x,Esquire
411.15 Pp A
cr
P-J#aqq(0 0�
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
C*' ,vo UI. 4.MI/her,
? r
Jody S Smith ''a
Chief Deputy '` P. ( j 2: t _
Richard W Stewart
Solicitor =
,,',,t,,�L ��tt
S,s �.'1f�rn,^az
Education Loan Solutions
Case Number
vs.
Keith Gutshall 2013-3777
SHERIFF'S RETURN OF SERVICE
01/09/2014 04:34 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure upon the within named Defendant, to wit: Keith Gutshall, pursuant to Order of
Court by"Posting"the premises located at 135 Leeds Road, Penn Township, Newville, PA 17241 with a
true and correct copy according to law.
)h
DAWN KELL, DEPUTY
SHERIFF COST: $47.56 SO ANSWERS,
January 10, 2014 RON6 R ANDERSON, SHERIFF
Our File No.: 353937 'r cif I;j�C1Jf�ni ,.
APOTHAKER& ASSOCIATES, P.C. 111 FB
BY: David J. Apothaker, Esquire Pr's
Attorney I.D. #38423 �1t�9E1Fl.f;PJO � �
520 Fellowship Road C306 PENNS rLVANIA
Mount Laurel,NJ 08054
(800) 672-0215
Attorney for Plaintiff
) COURT OF COMMON PLEAS
EDUCATION LOAN SOLUTIONS ) CUMBERLAND COUNTY
)
Plaintiff )
vs. )
) NO.: 13-3777 CIVIL TERM
KEITH GUTSHALL )
)
Defendant )
AFFIDAVIT OF SERVICE
I, David J. Apothaker, Esquire, attorney for Plaintiff, certify that on January 6, 2014, I caused to
be served a copy of the Complaint by Certified and Regular mail to
KEITH GUTSHALL
135 LEEDS ROAD
NEWVILLE, PA 17241-9597
Attached hereto are:
❑ Electronic Delivery Information for Certified Ma'
❑ PS Form, 3811, Executed green Certified Card
IZ Unclaimed Certified Mail Envelope
• PS Form, 3817, Certificate of Mailing
David J. Apothaker, Esquire
Attorney for Plaintiff
Date:
a
•
• ,w4411
iii Ei l$
Electronic Return Receipt Requested c
°
e . 1011
m-�
KEITH C,UTSH. LL 1 r �.
135 LEEDS ROAD ?
NEWVILLE, PA 17241-9597, E'' °Uf
353937 alt mot LM
,r c. PO TO SE.{,
.L.A1�,,fit 6)
.iN `, L.E TO FORWARD
.e Y
N=om+b+ x'
+:t W x ..a -r aaz' •-3 :? 1 `: s g - $ 3.'
Iit-la°i$ 3td?,kI IiII I Ii E;--.i?3 E214$i 6 Iii€E#.SI '3 x �,7#ii
. U.S. Postal Service T�
. CERTIFIED MAlLTM RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
-Famdetivety information:visitourwebn#taetwwwusps.coi;i
'?Aqg911J001649208 c 2080
Certified Fee $0.86
Return Receipt Fee Postmark
$3.10 r4 Here
{Endorsement Required) $3. g 2
J
Restricted Delivery Fee
(Endorsement Required) $1.25 0
rt E
Total Postage&Fees $ $0.00 E
0
. h
$5.21 W
rn
rt Sent lb co
KEITH GUTSHALL ri
Street,Apt.No.; 135 LEEDS ROAD ai
or PO Box No. NEWVILLE,PA 17241 -o
0
.City,Stain,Zrp 4 0
t S°F rrn 8O0 ) tot y:2o13 See Reverse,for llstructions,
CERTIFICATE OF MAILING � , {r
U.S.POSTAL SERVICE 1 r
RO BEE SED NSUDOME IC AND INTERNATIONAL MAIL:DOES NOT ~ ••
r
+. . . ,
Received Frorn: el
APOTHAKER&ASSOCIATES,P.0 t • .
.•ri
Our File No.: 353937
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
EDUCATION LOAN SOLUTIONS
vs.
KEITH GUTSHALL
Plaintiff
Defendant
FICE
HONO TA ti
10 PH 2: 27
ERL ink NO COUNTY
HNSYLVrrNIA
) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
)
)
) NO.: 13 -3777 CIVIL TERM
)
) Civil Action
)
)
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment against Defendant, KEITH GUTSHALL, in the default
Answer, in the amount of $4,366.00 computed as follows:
Amount claimed in complaint:
Less: Amount Paid:
Plus: Interest from July 1, 2013 to March 4, 2014
at the legal interest rate of 0.00% per annum
Attorney fees
TOTAL
I certify that Defendant, KEITH GUTSHAL
NEWVILLE, PA 17241 -9597.
of an
4,366.00
( 0.00)
0.00
0.00
4,366.00
own address is 135 LEEDS ROAD
David J. Apothaker, Esq.
Attorney for Plaintiff
0,0 .61,-pel ci fit
CIL-k s
44- oc/ a �9
) ofl,`ek
((eJ
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: KEITH GUTSHALL
135 LEEDS ROAD
NEWVILLE, PA 17241-9597
) COURT OF COMMON PLEAS OF
EDUCATION LOAN SOLUTIONS ) CUMBERLAND COUNTY
)
Plaintiff )
vs. ) NO.: 13-3777 CIVIL TERM
)
KEITH GUTSHALL ) Civil Action
)
Defendant )
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
VC JUDGMENT BY DEFAULT
JUDGMENT IN REPLEVIN
JUDGMENT BY CONFESSION
JUDGMENT FOR POSSESSION
JUDGMENT ON AWARD OF ARBITRATORS
JUDGMENT ON VERDICT
JUDGMENT ON COURT FINDINGS
JUDGMENT ON WRIT OF REVIVAL
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Apothaker, Esq. at this telephone number: 800-672-0215
0,n
Our File No.: 353937
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672 -0215
Attorney for Plaintiff
EDUCATION LOAN SOLUTIONS
vs.
KEITH GUTSHALL
Plaintiff
Defendant
) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
)
)
) NO.: 13 -3777 CIVIL TERM
)
) Civil Action
)
)
CERTIFICATION PURSUANT TO RULE 237.1
Pursuant to PA Rule Civil Procedure 237.1, I certify that, after the failure to plead and at
least ten days prior to the date of the filing of the within praecipe, written notice of Plaintiff's
intention to file the within praecipe was sent to the defendant and defendant's attorney of record, if
any.
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the penalties 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
David J. Apo s!`"er, Esq.
Attorney for Plaintiff
Our File No.: 353937
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672 -0215
Attorney for Plaintiff
EDUCATION LOAN SOLUTIONS
vs.
KEITH GUTSHALL
Plaintiff
Defendant
) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
)
)
) NO.: 13 -3777 CIVIL TERM
)
) Civil Action
)
)
AFFIDAVIT OF NON - MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS.
David J. Apothaker, being duly sworn according to law, deposes and says that I am the
attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 135
LEEDS ROAD NEWVILLE, PA 17241 -9597.
We inquired with the web site of the Defense Manpower Data Center, located at 1600
Wilson Boulevard, Suite 400, Arlington, VA 222093, if the Defendant(s) is /are in any
branch of the military.
Mary M. Snavely- Dixon, Director of the P - Manpower Data Center has sent back
our inquiry indicated that the Defendant(s) is /are ni he military.
David J. Apothaker, Esq.
Attorney for Plaintiff
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
Department of Defense Manpower Data Center
Results as of : Mar -04 -2014 06:30:52 AM
SCRA 3.0
Status Repot
Pursuant to ;Servicemernhers Civil Reid-Act
Last Name: GUTSHALL
First Name: KEITH
Middle Name:
Active Duty Status As Of: Mar -04 -2014
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA.
No -
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
.. - No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His /Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA -
No
NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
•
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: L7NAME7EA0E8DDO
a
EDUCATION LOAN SOLUTIONS ) COURT OF COMMON PLEAS
) CUMBERLAND COUNTY
vs. )
KEITH GUTSHALL ) NO. 13 -3777 CIVIL TERM
To: KEITH GUTSHALL
135 LEEDS ROAD
NEWVILLE, PA 17241 -9597
Date of Notice: February 17, 2014
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD ST.
CARLISLE, PA 17013
717 - 249 -3166
353937
BENJAMIN J. CAVALLARO, ESQUIRE
APOTHAKER & ASSOCIATES, PC
A Law Firm Engaged in Debt Collection
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672 -0215
Attorney for Plaintiff
Attorney ID #307949
Q111, 11 11 I I 1111
Iu
D
i
1 — *