Filed: 8/5/2021 3:02 PM

Superior Court 2
Howard County, Indiana

STATE 0F INDIANA ) IN THE HOWARD SUPERIOR cou RT 2

'

) ss:
COUNTY 0F HOWARD
_

) CASE No. 34D02-21 03—cc_000665

ROCK CREEK CAPITAL, LLC,

Plaintiff, : MOTION FOR DEFAULT
JUDGMENT
vs.

: This communication isfi'om a deb!

ASHLEY GOODMAN, : collector. This is an attempt to collect
: a debt, and any information obtained
Defendant. _
: wih’ be usedfor that purpose.

Comes now Plaintiff, Rock Creek Capital, LLC, by and through counsel, and pursuant t0

Rule 55 ofthe Indiana Rules of Trial Procedure, moves the Court for a judgment
by default against

the Defendant, on the grounds that the Defendant was duly served with a summons and a copy 0f

the complaint via sheriff service on June 22, 2021‘ and Defendant has failed t0 appear, plead or

otherwise defend in this action within the time permitted by law.

See Memorandum in Support attached hereto.

Respectfully submitted,

Is! Greg A. Goldblatt

Greg A. Goldblatt (28965-1 5)

Sonnek & Goldblatt, Ltd.
746 State Route 28
Milford, Ohio 45150
Phone: (51 3) 41 7-8692
Fax: (513) 453-4445
Email: ggoldblatt@sonnekandgoldblatt.com
 MEMORANDUM IN SUPPORT
Defendant enrolled as a student in a medical assistant education program with Plaintiff“ s

assignee Ross Education, LLC and agreed to pay tuition of $15,680.00 for the program.

Defendant withdrew from the program before completion and pursuant t0 the Agreement,

after applicable refunds, the balance due from Defendant to Plaintiffis $6,3 12.00.

Plaintiff has made demand upon Defendant for payment due pursuant t0 the Agreement,

but Defendant has failed and refused t0 make said payment.

By failing and refusing to perform her obligations as described above under the temls 0f

the Agreement, Defendant has breached her contractual obligations. As a direct and proximate

result ofsaid breach and/or breaches, Defendant owes Plaintiff damages in the amount of

$6,3 12.00.

Plaintiff’s Assignor, Ross Education, LLC, provided educational instruction and extended

credit to Defendant at Ross’s expense and under circumstances that would make it unjust for

Defendant t0 retain the benefit ofbeing provided the education without paying for the same. The

credit was not extended gratuitously and Defendant has been unjustly enriched, all in the sum 0f

36,3 12.00.

Defendant owes Plaintiffthe sum 0f$6,312.00 upon an open account. See Affidavit of

Account attached hereto as Exhibit A.

 WHEREFORE, Plaintiff Rock Creek Capital, LLC, respectfully requests an Order

granting its Motion for Default Judgment, including ajudgment against the Defendant, Ashley

Goodman, in the amount 0f $6,312.00, plus Plaintiff‘s court costs incurred herein, statutory

interest 0n the judgment amount, and any and all other relief that the Court deems just and proper

under the circumstances.

Respectfully submitted,

Isl Greg A. Goldblatt

Greg A. Goldblatt (28965-15)

Sonnek & Goldblatt, Ltd.
746 State Route 28
Milford, Ohio 45150
Phone: (513) 417 — 8692
Fax: (5 l 3) 453 — 4446
Email: ggoldblafi@sonnekandgoldblatt.com

CERTIFICATE OF SERVICE
The undersigned certifies that a true and accurate copy of the foregoing was served upon
the following thisé—d" day 0f
#ASM , 2021, via ordinary U.S. mail.

Ashley Goodman
2620 N. Washington, Lot 42
Kokomo, 1N 46901

/s/ Greg A. Goldblatt

Greg A. Goldblatt (28965-15)

ROCK CREEK CAPITAL,LLC, EXHIBIT
vs.

ASHLEY GOODMAN,
i

A -

STATE OF TEXAS .

: SS
COUNTY OF TARRANT

AFFIDAVIT OF DEBT

Comes now afiant, and statas:

Chad Welch, am
I, u Plaintifi‘
OR
I a designated full-time employee of Rock Creek Capital, LLC (Plaintifi).

I am of adult age and am fully authorized by Plaintiff to make the following representations. I am familiar with
the record keeping practices of Plaintifi. The following representations are true according to documents kept in
the normal course of Plaintifi’s business and/or my personal knowledge:

Plaintifi‘:

n is the original owner of this debt

0R
I is not the original owner of this debt. The original owner of this debt is Ross Education,
LLC.

Ashley Goodman, Defendant, has an unpaid balance of $6,312.00 on account ending GA96. That
amount is due and owing to Plaintiff. Defendant entered into the agreement with Ross Education, LLC
on Decembet 15, 2017. The last payment was received from the Defendant on November 9, 2018.
The type of account is:
D Credit card account (Le. Visa, Mastercard, Department Store, etc.)
List the name ofthe Company/Store issuing credit card:
n Account for militias (i.e. telephone, electric, sewer, etc.)
|:I Medical bill account (Le. doctor, dentist, hospital, etc.)
u Account for services (i.e. attorney fees, mechanic fees, etc.)
u Judgment issued by a court (a copy of the judgment is required to be attached)
I Other: Breach of Contract
This account balance includes:
n Late fees in the amount of $ as of .

(Month, Day, Year)

I No post charge-ofi’ late fees or other charges

Plaintifi‘:
 D is seeking attorney’s fees and additional evidence will be presented to the
court prior to entry
ofjudgment on attomey’s fees.
OR
I is not seeking attomey’s fees.

Plaintiffbelievcs that defendant is not a minor or an incompetent individual.

If the defendant is an individual, plaintiff states and declares that:

I Defendant is not 0n active military service. Plaintiff’s statement that Defendant

is not on active
military sewice based upon the following facts: See attached Military Status Report from
is

the Department 0f Defense Manpower Data Center

OR

U Plaintiffis unable to determine whether or not Defendant is not on active military service
military service.

(“Active military service” includes fulltime duty in the military (including the
National Guard and
reserves) and, for members of thc National Guard, service under a call to active scrvicc
authorized by
the President or Secretary of Defense. For funher information, see the definition
of“military service" in
the Servicemembers Civil ReliefAct, as amended, 50 U.S.C.A. Appx. § 52 1.)

1 swear or affirm under the penalties 0f perjury that the foregoing representations are

Dated: 3" l‘ Z l
Signature ofAffiant: WWW true.

Sworn to and subscribed in my presence this 2 3 F" day 0f mah/‘VL‘ , 20 t I .

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AMY DIANA RAN1SEY
Norarv Pubhc. State of Texas
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Commission expires: I @Uq gaapa
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Nonazy s0 131444278
 Department of Defense Manpower Data Center Rom as of: Jan-29-2021 ”21:39 AM
SCRA57

'
Status chon
Pursuant to Serviccmcmbcrs Civil ReliefAct

SSN: XXX—XX-2559
Birth Date:

Last Name: GOODMAN

First Name: ASHLEY
Middle Name:
Status As Of: Jan-29-2021
CertificatelD: SDSNOHZMDQTI'KCC

m MW NA
Data Acfive M
NA
mmmmyOnWIeDuySmmDaw
End Dom Sum Service Componenl
No NA
TH: response tom the IndewK ocu've du‘fy mm hm on Ina Adm Duty Status Daio

uflMvoDmyWflhlnM7DflysolflwvnMSlaleW
Acuve Duty sun am. Am Duw End Dam Status Some Compmont
NA NA
This WSW laflods m ”a lnw'vldual loll m dulymms m 367 days
No

mambo IN Wye Duly Slums Data

NA

W Momma Slnrl Dale

NA
1mMembaro:HM-IerUquNomofachwuploAmDMymAdNeDmysmu-sme
Older Mafia! Em Dale Sum 30m WWI
NA Db NA
ThismmmmmewmmmammmmmmIomportforacuvoduty

Upon searching the data banks of the Depaflment olDefense Manpower Data Center. based on the informaflon lhal you provided, the above ls the status of
the individual on the acfive duly status dale as to all branches of the Unilormed Services (Army. Navy. Marine Corps. Air Force. NOAA. Puinc Heaith. and
Coast Guard). This status Indudes information on a Servicemembar or his/her unit receiving notification of future orders lo report for Actévc Duty.

Michael V. Sorranlo. DIrecLo:

Department of Delense - Manpower Data Center
400 Gigling Rd.

Seaside. CA 93955
 The Defense Manpower Data Center (DMDC) ls an organization of the
Dapartnent of Defense (DoD) mat malntains the Defense Enrollment and
Reporting System (DEERS) dambase which i3 the offidal source of dam on eligibility for miliary mean! m and other eligibility systems.
Eligibility

The DoD strungly supports the enfomement of the Servleemembers CM] Rollef Act
(50 USC App. § 3901 at seq. ea amended) (SCRA) (formalfy known as
the Soldlets' and Sallers' Civil Refiean of 1940). OMDC has
Issued hundreds ofmomands of 'does not possess any infonnafion Indicating the! lite
individual ls currently on ach‘ve duty“ responses. and has experienced only a small error ram. in tho event me individual mferenced above. 0t any family
member. friend. or mpresantafive mars 1n any manner that me Individual was on active duly lot me active duly status date, or Is otherwise entitled to the
ptotecdone of the SCRA. you are suongty encouraged lo obtain further vedflwfion of the pason‘s sums
by contacting that person's Service. Service oonmd
infonnaflon can be found on the SCRA website‘s FAQ page (035) via this URL: httsz/scradmdaosdfifillsaamfiaqs. ff you have evidence
the person
was on aeflve duty for the awve duty smtus data and you fall to obmln this addlfianal Service ven‘ficaflon. punitive ptovislons o! me SCRA may be Invoked
against you. Soo 50 USC App. § 39210:).

Thb response roflods me tollowing Information: (1) The Indeual'a Active Duty status on the Active Duty Status Data (2) Whether me Individual Ian Actlve
Duty smtus within 367 days proceding the Adm Du1y Status Date (3) Whether the Indfvidual or Malher unit received early notification Io repon for active
duty on the Active Duty sums Date.

More Information on ”Active Duty Status"

Active duty stains as toported In his eerflflmta b defined In accordance with 1D USC § 101(d) (1). Prior ho 2010 oniy some of the active duty periods less
than 30 coneecuflve days tn lengm wera available. In me ease of a member of lho Nafional Guam. ihls lndudes service under a mil m active service
Swamry of Defense undef 32 USO § 5020) for pmposes o! responding lo a national emergency declared by aha
authorized by tho President or the
President and supported by Federal funds.NI Adjve Guard Reserve (AGR) membem must be assigned against an authorhed mobflhaflon position in
{he
unit they support Thh Indudes Navy Training and Admlnlsu'afion
oi the Reserves (TARs). Marine Corps Adve Reserve (ARs) Coast Guam Reserve
ngtam Adminlsuator (RPAs). Advo Duly shins also applies to a Unlformed Service member who is an active duly commlssloned office: of the
m
v.8.
Public Health Service or tho National Oceanic and Atmospheric Administralion
(NCAA Commissioned Corps).

Coverage Under the SCRA is Broader in Some Cases

Coverage under me SCRA B broader In some cases and Includes some categories of persons on acfive duly low purposes of the SCRA who
would not be
reported as on Active Duly under mi: certificate. SCRA protections am fat Titre 10 and
nae 14 active duty records lot all the Uniformed Service: periods.
Title 32 periods of Active Duty am not eovemd
by SCRA, as defined In accordance with 10 USC § 101 (d)(1 ).

Many limos omen am amended m emu the period of active duty, whim muld mend SCRA protecflons. Poisons seeking to rely on Ims webslm
wrfiflcafion shoutd check to make sure mo orders on which SCRA protodiom are based have not been amended to extend me tndmive datas of service.
Furthemzore. soma protefions affine SCRA may extend to persons who have received orders to ropon for active duty 01' to be Inducted. but who have not
actually begun active dmy or actually reported fat tnducflon. The Last Dam on Active Duty envy ls Imporunt because a number of protecflons of the SCRA
extend beyond tho 133i dates of active duty.

Those who could rely on this oarfifieate are urged to seek quatified legal counsel to ensure that all rights guaranteed to Sewlca members under tho SCRA
are pmladed

WARNING: This wrflficato was provided based on a last name. SSNtdate of birth. and active duty status dale provided by mo requester. Providing
emms Information will muse an mneous oorfifioeto to be provided.
STATE OF INDIANA ) IN THE HOWARD SUPERIOR COURT 2
) SS;
COUNTY OF HOWARD ) CASE NO. 34D02-2 03-CC-000665
l

ROCK CREEK CAPITAL, LLC,

Plaintiff,

MILITARY AFFIDAVIT
vs.

ASHLEY GOODMAN,

Defendant.

The affiant, Greg A. Goldblatt, being first duly cautioned and sworn, states that he is the

attomey for the Plaintiff, and pursuant t0 the attached Department 0f Defense Manpower Data

Center Report, the Defendant is not in the active military service as defined in the

Servicemembers Civil Relief Act, 50 U.S.C. § 522 and Amendments thereto.

Affiant further states that, t0 the best of his knowledge, information and belief, Defendant

is competent, not a minor, and was duly served with the summons and complaint as set forth in

Plaintiff‘s Motion for Default Judgment.

Greg A.
“
006m: (28965-15)
STATE OF OHIO )

) SS
COUNTY OF CLERMONT )

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Subscribed and acknowledged and sworn before me on thisflday 0f ,

2021.

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DEBRA s. KASTER
5: . . .. _
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Expires 12-18-2022
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 Department of Defense Manpower Data Center Rewnsme-m-ZON 06:21:05AM

SCRA 5.8

Status Report
Pursuant to Scrvicemembers Civil Relief Act

SSN: XXX-XX-2559
Birth Date:

Last Name: GOODMAN

First Name: ASHLEY
Middle Name:
Status As Of: Aug-04-2021
Certificate ID: QC‘IDLWVCKMCVNM?

0n Acme Duly On Acn‘ve Duty Sialus Dale

Acme Duly Start DaIe Active Duly End Date Smus Service Component
NA NA No NA
Thls response reflecla me hdividuah' active duly slams basw on Ihe Active Duty Sums Dale

Lofl Active Duly Mmifl 367 Days MW“ Duly Stalin Dale
Acflve Duty Stan Dale Mvo Duty End Data Statm Service component
NA NA No NA
Th5 reaponsu reflects whero tho IndM-dual Iell active duly slams withrn 367 days preceding the Mva Duty Stalus Dale

The Mamet or HislHer Unit Was Nolifled of o Future CalI-Up Io Relive Duly on Active Duty Slams Date
Order flofifimflon Stan Data Order Notification End Data Status Service Component
NA NA No NA
This response refleds whether Ire Individual or hIther unfl has reoelved
ewly nouflullon Io report [or acllvo duty

Upon searching lhe data banks of the Depadment 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 lo 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 lo report for Active Duly.

Michael V. Sonenlo, Director

Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside. CA 93955