HomeMy WebLinkAbout12-1638T) F.\FILES\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\376 Bitler\7619C376.cotn
Christopher E. Rice, Esquire - t?E Cl i?
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAI24PIMAR 14 PM 12: 2
MARTSON LAW OFFICES
Ten East High Street CUMBERLAND COUNTY
Carlisle, PA 17013 PENNSYLVANIA
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
v.
HESTON BITLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012 - I 3 ?- C v ?? lM
: CIVIL ACTION - LAW
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 Plaintiffs. 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, 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 REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
yr o ?. ? s d ?7ry
,? 7a W3
F TILES\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\376 Bitter\7619C.376.com
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012 -
HESTON BITLER, CIVIL ACTION - LAW
Defendant
COMPLAINT
AND NOW, comes Plaintiff, Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows:
1. Plaintiff, Dickinson College, is a Pennsylvania educational institution and nonprofit
corporation with a business address of Post Office Box 1773, Carlisle, Cumberland County,
Pennsylvania 17013.
2. Defendant, Heston Bitter, is an adult individual residing at 602 Gregg Street, Reading,
Berks County, Pennsylvania 19607.
3. On or about September 11, 2001, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff for the financing of $4,000.00 plus interest for
educational services and benefits at Plaintiff's institution. A copy of Note #1 is attached hereto as
Exhibit "A."
4. On or about December 6, 2002, Defendant entered into an additional Promissory Note
- Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $2,000.00 plus interest
for educational services and benefits at Plaintiff's institution. A copy of Note #2 is attached hereto
as Exhibit "B."
5. Note #1 and Note #2 are funds created under Part E of Title IV of the Higher
Education Act of 1965 as amended (hereinafter the "Act") and are subject to the Act and the Federal
Regulations issued under the Act.
6. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling,
disbursing and collecting of funds associated with the programs under the Act.
7. The collective principal for the Notes is $6,000.00.
8. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has
calculated to be $1,500.00.
9. As of August 4, 2011, the principal and interest due and payable by Defendant to
Plaintiff was $5,689.84, with interest accruing at 5% per annum.
10. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
the Note.
COUNTI
BREACH OF CONTRACT
11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 10 of this Complaint.
12. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of the by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,689.84,
plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $1,500.00,
and costs of suit.
COUNT II
IN QUANTUM MERUIT
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 12 of this Complaint.
14. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
15. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,689.84,
plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $1,500.00,
and costs of suit.
MARTSON LAW OFFICES
0I
By:. i S'- K----
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: Attorneys for Plaintiff
THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR
DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE.
EXHIBIT "A"
PTIMAL PERIUNS LOAN d o f7
PROMISSORY NOTE - ' ?
1. Name (last, first, middle initial) and 2. Social Security Number
Permanent Address (street, city, state, zip code)
Bitter, Heston 3. Date of Birth
4. Area Code/Telephone Number
5. Driver's License Number (List state abbreviation first)
6. School Name & Address (street, city, state, zip code) 7. Borrower Status 8. Interest Rate
Dickinson College XRaN-dne or grater r.uthmh,wdme S%
P.O. Box.1773 9. Loan Amount: 10. Loan Period
Carlisle, PA 17013-2896
_ $ 4,000.00 2001-2002
TERMS AND CONDITIONS:
(Any bracketed clause or paragraph may be included at option of institution.]
APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title N of the Higher
Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to
the Act and Federal regulations issued under the Act.
REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period
beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a
comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless I
request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of
this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years
if I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment,
hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in
equal monthly, bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of S5. (I
will make a minimum monthly repayment of $40 (or $30 if I,have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum
payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.]
LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of
the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges
may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or
include it with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due.
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written
request to the school and must submit to the school any documentation the school requires to prove my eligfbility for these benefits. I am responsible for submitting the
appropriate requests on time, and I may lose my benefits if I fail to file my request on time.
DEFAULT - If I fail to make a scheduled payment when due; if I fail to submit to the school, on or before the due date of a scheduled payment, documentation that I
qualify for a deferment, cancellation, or forbearance; or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement, the
school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including
principal, interest, late charges, and collection costs). The school, and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to credit bureau
organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I
will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal
student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan.
CHANGE OF STATUS - I will inform the school of any change in my name, address, telephone number, Social Security number, or driver's license number.
ASSIGNMENT -This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate
to the assignee.
PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note,
plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other charges,
necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on the reverse side. This loan has
been made to me without security or endorsement. My signature certifies I have read, understand, and agree to the terms and conditions of this Promissory Note. THIS
IS A LOAN(S) THAT MUST BE REPAID
9(/1101
Borrower's Signature Date
EXHIBIT "B"
`T DERAL PERKINS LOAN PROMISSORY NOTE
Name (last, first, middle initial) and Permanent Address (strut, 2. Social Security Number
city, state, zip code)
9357-09 3. Date of Birth (=Vdd/yyw)
Heston
Bitler
,
5.2 '1ve
al
07
S
` Sl`
P
1
{ 4. Area Code/telephone Number
C
4
IB
G
a}
??, 5. Driver's License Number (List state abbrevitition first)
6. School Name & Address ( street, city, state, zip code) 7. Borrower Status 8. Annual Interest
Dickinson College
PO Box 1773 X Half-time or greater oLess than half-tine ,fie
$/o
Carlisle, PA 17013-2896 9. Loan Amount: 10. Loan Period:
$ 2,000.00 2002-2003
7X"SAND CONDITUM.
.[Any bracketed clause or-paragraph maybe included at option of-institution]
APPLICABLE LAW - The terms of this Federal Perkins Loan Promissory Note (hereinafter called the Note) and any disbursements made under this Note shall be
interpreted in accordance with Part E of Title N of the Higher Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations issued
under the Act All sums advanced under this Note are subject to the Act and Federal regulations issued under the Act
REPAYMENT - I am obligated to repay the principal and the interest that accrues on my loan(s) to the above-named institution (hereinafter called the School) over
a period beginning 9 months (or sooner if I am a Less-Than-Ralf--Tim Borrower) after the date I cease to be at keel a half-time student at an institution of higher
education or a comparable school outside the United States approved by the United States Department of Education (hereinafter called the Department) and ending
10 years later, unless I request in writing that my repayment period begin sooner. I understand that the School will report the amount of my installment payments,
along with the amount of this loan to at least one national credit bureau. Interest an this loan shall accrue from the beginning of the repayment period. My
repayment period may be shorter then 10 years if I am required by my School to make minimum monthly payments. My repayment period may be e3dended during
periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Department I will nuke my
installment payments in equal ninthly, bimmthly or quarterly installments as determined by the School. The School may round my installment payment to the next
highest multiple of $5. a will make a minimum monthly payment of $40 (or $30 if I have outstanding Federal Perkins Loans made before October 1, 1992 that
included the $30 minimum payment option) in accordance with the Mininnnn Monthly Payment Section of the Terris and Conditions contained on the reverse side
of this document]
LATE CHARGES - The School will irrgwae late charges if I do not nuke a scheduled payment when due or if I fail to submit to the School on or before the due
date of the payment, a properly documented request for any of the forbearance, deferment or cancellation benefits as described below. No late chargesmay meed
20 percent of my ninthly, bimonthly, or quarterly payment The School may add the late charges to principal the day after the scheduled payment was due or
include it with the next scheduled payment after I have received notice of the charge, and such notice is sent before the next installment is due.
FORBEARANCE, DEFERMENT, OR CANCELIA11ON -, I may apply for a forbearance, deferment, or cancellation on ny loan. During an approved
forbearance period, payments of principal and interest, or principal only, may be postponed or reduced. Interest continues to accrue while my loan is in forbearance.
During an approved deferment period, I am not required to make scheduled installment payments on my loan. I am not liable for any interest that might otherwise
accrue while my loan is in deferment If I mad the eligibility requirements for a cancellation of my loan, the institution may cancel up to 100 percent of the
outstanding principal loan amount. Information on eligibility and application requirements for forbearances, deferments, and cancellations is provided on pages 2
and 3 of this Note. I am responsible for submitting the appropriate requests on time, and I may lose my benefits if I fail to file my request on time.
DEFAULT - The School may, at its option, declare my loan to be in default if (1) I fail to make a scheduled payment when due; (2) I fail to submit to the School,
on or before the due date of a scheduled payment, documentation that I qualify for a forbearance, defe rrnw , or cancellation; or (3) I fail to comply with the tonne
and conditions of this promissory Note or written repayment agreement
The School may assign a defaulted loan to the Department for collection. I will be ineligible for any further federal student financial assistance authorized
under the Act until I make arrangements that are satisfactory to the School or the Department to repay my loan. The School or the Department shall disclose to
credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I
default on my loan. The School or the Department may accelerate my defaulted loan. Acceleration means that the School or the Department demands
immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs. I will lose my right to receive
cancellation benefits for service that is performed after the date the School or the Department accelerated the loan.
CHANGE OF STATUS - I will inform the School of any change in my name, address, telephone number, Social Security Number, or driver's license number.
PROMISE TO PAY: I promise to pay the School, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this
Note, plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other
charges, necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on pages 2 and 3 of this
Note. This loan has been made to me without security or endotsement My signature certifies I have read, understand, and agree to the teams and conditions of this
Promissory Note. I UNDERSTAND THAT-IAM RECEIVING A LOAN THAT MAST BE REPAIR.
°G
V co ice, al
Borrower's Signature Date
Page 1 of 4
VERIFICATION
I, SALLY HECKENDORN, Bursar of Dickinson College, acknowledge that I have the
authority to execute this Verification on behalf of Dickinson College and certify that the foregoing
Complaint is based upon information which has been gathered by my counsel in the preparation of
this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the
document and to the extent that this Complaint is based upon information which I have given to my
counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent
that the content of this Complaint is that of counsel, I have relied upon counsel in making this
Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
By: J?t4??
Sally Hecke orn, Bursar
FAFILES\Clients\7619 Dickinson College\7619,Collections\7619.C.Cunent\376 Bitlet\7619C.376.com
COUNTY OF BERKS, PENNSYLVANIA
SHERIFF'S DEPARTMENT
Courthouse-3rd Floor Phone:610.478.6240
633 Court Street Fax:610.478.6222
Reading, PA 19601 .
S*Co Eric J. Weaknecht, Sheriff John St n,�higDeputy
rnao x m c
AFFIDAVIT OF SERVICE I-<_ ° ;
Y' c:)j`
DOCKET NO. 12-1638 ?� tV c_F7'
COMMONWEALTH OF
PENNSYLVANIA:
COUNTY OF BERKS
Personally appeared before me,Christopher Gorel,Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633
Court Street,Reading,Pennsylania,who being duly sworn according to law,deposes and says that on 3/29/2012
5:55:OOPM,he served the annexed Complaint in Civil Action Law-CUMBERLAND CO. upon HESTON
BITLER,within named defendant,by handing a copy thereof to HESTON BITLER,HESTON BITLER
personally, at 602 GREGG STREET, City of Reading, Berks County, Pa.,and made known to defendant the
contents thereof.
DEP Y SHER F BERKS COUNTY.,PA
Sworn and subscribed before me Christopher Gorel
ika�01 2
ia
NOTARY PUBLIC, READING,BERKS CO.,PA
Services made as set forth above
NOTARIAL SEAL
REBECCA OXENREIDER
Notary Public
CITY OF READING,BERKS COUNTY So Answers,
My Commission Expires Feb 22,2016
SHERIF OF BERKS COUNTY,PA
Eric J. Weaknecht
Sheriffs Costs in Above Proceedings
$ 100.00 DEPOSIT
$ 46.20 ACTUAL COST OF CASE
$ 53.80 AMOUNT OF REFUND
All Sheriffs Costs shall be due and payable when services are performed,and it shall be lawful for him to
demand and receive from the party instituting the proceedings, or any part liable for the costs thereof,all unpaid
sheriffs fees on the same before he shall be obligated by law to make return thereof.
_Sec. 2,Act of June 20, 1911, P.L/ 1072
Dedicated to public service with integrity, virtue & excellence
www.countvofberks.com/sheriff
a 3/20/12 * * * * Berks County Sheriffs Department * * * * SFT155
v ` SHRMILLE Receipt # L01206749
Received from: MATSON LAW OFFICES II��IIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIII�Itl�l�ll`�I
ID#: 4930 10 East High Street
Carlisle PA 17013 Telephone: 717 243-3341
Term No. : 12-1638 Cumberland Defendant: HESTON BITLER
Transaction: Out-of-County Service Deposit
Date paid. . : 3/20/12 Sheriff's Fee. . . . : .00
State Surcharge. . :
Notary Fee. . . . . . . . .00
Escrow. . . 100.00 OC Total. . 100.00
Cash Check St/Check# Check-2 St/Check#-2 Total Paid Change
100.00 PA 25293 100.00
Entered by. . : RMI
Authorized Signature
* * * C U S T O M E R C O P Y
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ��i1r a C11anbrt"111d
Sheriff
Jody S Smith
Richard W Stewart
Chief Deputy OFFICE OF THE MRIFF Solicitor
Dickinson College Case Number
vs.
Heston Bitler 2012-1638
SERVICE COVER SHEET
0
N .__.
M Service Details:
o Category: ICivil Action -Complaint& Notice Zone:
X Manner: Deputize Expires: 04/13/2012 Warrant:
W
Notes:
0
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Q Serve To: Final Service:
CL —_ .__
Z Name: I Served: Personally• Adult In Charge • Posted • Other
Q Primary 602 Gregg Street Adult In
ww Address: Reading, PA 19607 Charge:
w Phone: DOB: Relation:
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Alternate Date Time:
� Address:
W Phone: Deputy. Mileage:
Atto /Originator:
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Name: lChristopher E Rice Phone: 717-243-3341
Service Attempts
Date:
M Time:
N Mileage:
° Deputy: !;
Notes/Special Instructions:
Z------------ ----------------------------- ------------------------------------------------------------------------------------------------
-
--
P Now, March 15, 2012 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Berks County to
w execute service of the documents herewith and make return thereof according to law.
X
O Return To:
W
� Cumberland County Sheriffs Office
m One Courthouse Square
Carlisle, PA 17013 onny R Anderson, Sheriff
(c)countysuite sherltf.Teleosok.Inc.
78FARLES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.376 Bitler\7619C.376.pra.defaulcwpd
M
Christopher E. Rice, Esquire �_:o C111 ,
Attorney I.D. No. 90916 -cam cv C) '.
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER �� o
MARTSON LAW OFFICES =C) rZ5 ')C_1
Ten East High Street 5c=
c
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012 - 1638 CIVIL TERM
HESTON BITLER, CIVIL ACTION - LAW
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant in the amount of $5,689.84, plus interest accruing at 5% per annum, collection and
attorney's fees in the amount of$1,500.00, for failure to file an Answer to Plaintiffs Complaint.
I do hereby certify that a written notice of intention to file this Praecipe was mailed to the
Defendant at the address indicated thereon,on April 5,2013,which date was subsequent to the date
default occurred and at least ten (10) days prior to the date of the Praecipe.
MARTSON LAW OFFICES
B C f YL
y
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: g
�7 4!73 52
1�0441cc *4,14
F\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.376 Si tier\7619C.376.10daynotice.wpd
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012 - 1638 CIVIL TERM
HESTON BITLER, CIVIL ACTION - LAW
Defendant
IMPORTANT NOTICE
TO: Heston Bitler Date: April 5, 2013
602 Gregg Street,Shillington,PA 19607
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) 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.
This is a debt collecting firm attempting to collect a debt for Dickinson College Any
information obtained will be used for that purpose.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MAR LAW, OFFICESC �
By:
Christopher E. Rice, Esquire
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012 - 1638 CIVIL TERM
HESTON BITLER, CIVIL ACTION - LAW
Defendant
AFFIDAVIT AS TO MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
has authority to make this affidavit on behalf of his client, and to the best of his knowledge,
information and belief,the Defendant above named is not in the military service of the United States
of America, that he has knowledge that the said Defendant is now living at: 602 Gregg Street,
Shillington, PA 19607. Said Defendant's place of employment is unknown.
Christopher E. Rice, Esquire
Sworn to and subscribed before me
this 01 Is f' day of August, 2013.
No ary ublic
COMMONWEALTH OF PENNSYLVANIA
Notarlal Seal
Mary M.Price,Notary Public
Carlisle Boro,Cumberland County
M CommlSSlon Expires Aug.18,2015
MEMIIR, .k _'ANIA AgWaAnON OF NOTARIES
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012 - 1638 CIVIL TERM
HESTON BITLER, CIVIL ACTION - LAW
Defendant
COMMONWEALTH OF PENNSYLVANIA )
: SS
COUNTY OF CUMBERLAND )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,attorneys
for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania
Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was
given to him by mail on April 5, 2013.
Christopher E. Rice, Esquire
Sworn to and subscribed
before me this c (, day of August, 2013.
6
Not ry blic
COMMONWEALTH OF PENNSYLVANIA_
Notarial Sea!
Mary M.Price,Notary Public
Carlisle Smo,Cumberland County
My Commission Expires Aug.18,2015
MEr4SM PVf 6nLVAf A ASSOCIATION OF NOTARIES
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY& FALLER,hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Heston Bitler
602 Gregg Street
Shillington, PA 19607
MARTSON LAW OFFICES
By /j,G
Ma . Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 4Y x/13
This is a debt collecting firm attempting to collect a debt for Dickinson College. Any
information obtained will be used for that purpose
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012 - 1638 CIVIL TERM
HESTON BITLER, CIVIL ACTION - LAW
Defendant
TO: HESTON BITLER, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on the a-ll-k6�day of August,2013,the following Judgment
was entered against you in the above-captioned action:judgment in the amount of$5,689.84,plus
interest accruing at 5% per annum, collection and attorney's fees in the amount of$1,500.00, for
failure to file an Answer to Plaintiffs Complaint.
eft
Date: 61 �./oi-A/S
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Heston Bitler
602 Gregg Street
Shillington, PA 19607