HomeMy WebLinkAbout03-0933F:\FILES~DATAFILE\Dickinson Collect.doc\42.coml
Created: 1/7/03 0:17:19 PM
Revised: 2/28/03 2:20:10 PM
DICKINSON COLLEGE,
Plaintiff
CHRISTIAN S. DAGHIR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-- 933
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
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 fights
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:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date: ,~/,a9 Y/t):~-
MARTSON DEARDOi~F WILLIAMS & OTTO
Y~~ _&~ l,]J~
B Daw~'~R. Gall°Way~-Es~;e
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717)243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaimiff
Vo
CHRISTIAN S. DAGHIR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- 933 ~ "T"~
CWIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and
nonprofit corporation with its principle place of business at West Street, Post Office Box 1773,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant Christian S. Daghir is an adult individual with a last known residence
at Post Office Box 91, Lykens, Dauphin County, Pennsylvania 17048.
3. On or about April 25, 1980, Defendant entered into a Promissory Note - Federal
Perkins Loan Program, (hereinafter "Note") with Plaintiff. A copy of that Note is attached
hereto as Exhibit "A."
4. The Note provided for the financing of $1,800.00 plus interest and costs by
Defendant on his own behalf for educational services and benefits at Plaintiff's institution.\
5. The Note is from funds created under Part E of Title IV of the Higher Education
Act of 1965 as amended, (hereinafter the "Act") and is 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 Note grants Plaintiff reasonable attorney's fees which Plaintiff has calculated
to be $500.00.
8.
As of January 31, 2003, the principal and interest due and payable by Defendant
to Plaintiff was $2,159.24, plus interest of $0.122 per day, attorney's fees in the amount of
$500.00 and costs accruing subsequent to January 31, 2003.
9. The outstanding balance of $2,159.24 represents the total and actual overdue
value of the financing provided to Defendant under the Note for which Defendant has yet to pay.
COUNT I
BREACH OF CONTRACT
10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 9 of this Complaint.
Plaintiff has fulfilled, performed and complied with all obligations and conditions
11.
of the Note.
12.
Defendant breached the expressed and implied obligations, conditions and terms
of agreement of the Note by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$2,159.24, plus interest of $0.122 per day, attorney's fees in the amount of $500.00 and costs
accruing subsequent to January 31, 2003; said amount is within the limits set forth for
compulsory arbitration in Cumberland County, Pennsylvania.
COUNT II
QUANTUM MERUIT
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs
1 through 12 of this Complaint.
14. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of
$2,159.24, plus interest of $0.122 per day, attorney's fees in the amount of $500.00 and costs
accruing subsequent to January 31, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$2,159.24, plus interest of $0.122 per day, attorney's fees in the amount of $500.00 and costs
accruing subsequent to January 31, 2003; said amount is within the limits set forth for
compulsory arbitration in Cumberland County, Pennsylvania.
David R. Galloway, Esquire ~
I.D. Number 87326 ~
Ten East High Street ~
Carlisle, PA 17013
Date: ~/~o°/o~- (717) 243-3341
Attorneys for Plaintiff
In making this communication, we are advising you this firm is a debt collector
attempting to collect a debt for Dickinson College. Any information gained from this
communication will be used for that purpose.
Exhibit A
PROMISSORY NOTE
National Direct Student Loan Program
DICKINSON COLLEGE
Carlisle, PA 17013
Instit,tion located at Carlisle, Pennsylvania, the surk~ such amounts as may from time to time be advanced to me and endorsed in the Schedule of Ad-
van~es set forth below together with all att. orney's fees and 9ther costs and c.harges necessary for thc collection of any amount not paid when due.
SCHEDULE OF ADVANCES
Year Year
Term Amount Date Signature of Maker Term Amount Date Signature of Maker
./. , ,.
lO
16 ,
(Street or Box Number, City, S~ate, 'and Zi~ Code)
, 19 F'O
further understand and agree that:
GENERAL
Ii All sums advanced pursuant to this note are drawn from a fund created under Part E of Title IV of the Higher
Education Act of 1965, hereinafter called the Act, and are subject to the Act and the Federal Regulations promulgated
pursuant to the Act. The terms of this note shall be construed in accordance with the Act and Federal Regulations,
copies of which shall be kept b~ the Lending Institution.
REPAYMENT
1I. (1) Interest shall accrue from the beginning of the repayment period and shall be at the rate of 3 per centum per annum on the unpaid balance.
except that no interest shall accrue duriug any period described in paragraph Ill {3).
(2) Except as provided in paragraph II (3) repayment of principal, together with interest thereon, shall be
made over a period beginning 9 months after the date on which I cease to be at least a half-time student at an institu-
tion of higher education or at a comparable institution outside the United States a~proved for this purpose by the
United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that
date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest
over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as determined by the Lend-
ing Institution, except that, if I request, such payments shall be made in graduated installments determined in accordamce
with such schedules as may be approved by the Lending Institution and the Commissioner. In either case, a schedule of
repayment shall be attached to and made part of this note.
(3) If the repayment schedule that would otherwise be established in accordance with paragraph II (2) would
provide for payments of principal and interest at a rate of less than $30 per month, I shall repay the total amount of
this loan plus the interest thereon at the rate of $30 per mouth, which shall include repayment of principal and in-
terest. In the event I receive or have received National Direct or Defense Student Loans from other lending institu-
tions, I shall repay this note at a monthly rate equal to not less than the amount by which $30 exceeds the total
monthly rate of principal and interest repaid on the other loans. A schedule of repayment shall be attached to and
made part of this note. The Lending Institution may permit me to pay less than the rate of $30 per month for a period
of not more than one year where necessary to avoid hardship to me unless such an action would extend the repayment
period in paragraph 2 of this article.
III. This note is also subject to the following conditions:
PREPAYMENT
(1) I may at my option and without penalty prepay all or any part of the principal, plus the accrued interest
thereon, at any time.
EX]{IBIT "A"
DEFAULT
d
(Street or Box~umber, City, S~a~e,
I further understand and agree that:
and Zi~ Code)
GENERAL
I. All sums advanced pursuant to this note are drawn from a fund created under Part E of Title IV of the Higher
Education Act of 1965, hereinafter called the Act, and are subject to the Act and the Federal Regulations promulgated
pursuant to the Act. The terms of this note shall be construed in accordance with the Act and Federal Regulations,
copies of which shall be kept b~ the Lending Institution.
REPAYMENT
11. (1) Interest shall accrue from the beginning of the repayment period and shall be at the rate of 3 per centum per annum on the unpaid balance.
except that no interest shall accrue during any period described in paragraph I[I (3).
(2) Except as provided in paragraph II (3) repayment of principal, together with interest thereon, shall be
made over a period beginning 9 months after the date on which I cease to be at least a half-time student at an institu-
tion of higher education or at a comparable institution outside the United States approved for this purpose by the
United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that
date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest
over the course of the repayment period in equal monthly, bimomthly or quarterly installments, as determined by the Lend-
ing Institution, except that, if I request, such payments shall be made in graduated installments determined in accordance
with such schedules as may be approved by the Lending Institution and the Comissioner. In either case, a schedule of
repayment shall be attached to and made part of this note.
(3) If the repayment schedule that would otherwise be established in accordance with paragraph ti (2) would
provide for payments of principal and interest at a rate of less than $30 per month, I shall repay the total amount of
this loan plus the interest thereon at the rate of $30 per month, which ahall include repayment of principal and in-
terest. In the event I receive or have received National Direct or Defense Student Loans from other lending institu-
tions, I shall repay this note at a monthly rate equal to not less than the amount by which $30 exceeds the total
monthly rate of principal and interest repaid on the other loams. A schedule of repayment shall be attached to and
made part of this note. The Lending Institution may permit me to pay less than the rate of $30 per month for a'period
of not more than one year where necessary to avoid hardship to me unless such an action would extend the repayment
period in paragraph 2 of this article.
III. This note is also subject to the following conditions:
PREPAYMENT
(1) I may at my option and without penalty prepay all or any part of the principal, plus the accrued interest
thereon, at any time.
DEFAULT
(2) If I fail to meet a scheduled repayment of any of the installments due on this note, the entire unpaid
indebtedness including interest due and accrued thereon, shall, at the option of the Lending Institution, become im-
mediately due and payable.
DEFERMENT
(3) Interest shall not accrue, and installments need not be paid (A) while I am enrolled and in attendance
as at least a half-time student at an institution of higher education or at a comparable institution outside the
United States approved for this purpose by the Commissioner, or (B) for a period not in excess of 3 years during
which I am (i) on full-time active duty as a member of the Armed Forces of the United States (Army, Navy, Air Force,
Marine Corps, or Coast Guard), (ii) in service as a volunteer under the Peace Corps Act, or (i~i) a VISTA volunteer
under Title I--Part A of the Domestic Service Act of 1973, P.L. 93-113, (formerly Title VIII of the Economic Oppor-
tunity Act of 1964).
The Lending Institution may, upon my application, defer or reduce any scheduled repayments, if, in the
view of the Lending Institution, extraordinary circumstances such as prolonged illness or unemployment , prevent me
from making such payments. However, interest shall continue to accrue.
CANCELLATION FOR TEACHING
(4) I am entitled to have the entire a~ount of this loan plus the interest thereon cancelled if I under-
take service (A) as a full-time teacher in a public or other nonprofit elementary or secondary school which is in a
school 'district of a local educational agency which is eligible for assistance pursuant to Title I of the Elementary
and Secondary Education Act of 1965 and which for the purposes of this clause has been designated by the Commissioner
in accordance with the provisions of Section 465(a) (2) of the Migher Education Act as a school with a high enrollment
of students from low-income families, or (B) as a full-time teacher of handicapped children (including mentally re-
tarded, hard of hear/nE, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, or other health-
impaired children who by reason thereof require special education) in a public or other nonprofit elementary or second-
ary school system.
This loan shall be cancelled for teaching service in accordance with the following rates: 15 per centt~n of
the total principal amount of the loan plus interest thereon shall be cancelled for the first and second complete aca-
demic years of teaching service; 20 per centum of the total principal amount plus interest thereon for the third and
fourth complete academic years of such service; and 30 per centum of the total principal amount plus interest thereon
for the fifth complete academic year of such service.
HEAD START CANCELLATION
(5) I am entitled to have the entire amount of this loan plus the interest thereon cancelled if I undertake
service as a full-time staff member in a preschool program carried on under Section 222(a) (1) of the Economic Oppor-
tunity Act of 1964 (Head Start) at the rate of 15 per centtma of the total principal amount of the loan plus interest
thereon for each complete school year or its equivalent of such service, if that Head Start program is operated for a
period which is comparable to a full school year in the locality, and if the salary of such staff member is not more
than the salary of a comparable employee of ~he local educational agency.
MILITARY CANCELLATION
(6) If I serve as a member of the Armed Forces of the United States, up to 50 per centum of the principal
amount of this loan plus the interest thereon shall be cancelled at the rate of 12~ per cent, w, of the total principal
amount of the loan plus interest thereon for each complete year of service in an area of hostilitiee that qualifies
for special pay under Section 310 of Title 37 of the United States Code.
DEATH AND DISABILITY CANCELLATION
(7) If I should die or become permanently and totally disabled, the entire amount of this loan plus the
interest thereon shall be cancelled.
ADDleS S CHANGE
(8) I am responsible for informing the Lending Institution of any change or changes in my address
PENALTY CHARGE
(9) If I fail to make timely payment of all or any part of a scheduled installment, or if I am eligible for
deferment or cancellation of payment (pursuant to paragraphs III (3), (4), (5), or (6), but fail to submit timely and
satisfactory evidence thereof, I promise to pay the charge assessed against me by the Lending Institution. No charge
may exc ~d (1) where the loan is repayable in monthly installments, $1 for the first month or part of a month by which
such ir. allment or evidence is late, and $2 for each month or part of a month thereafter; or (2) in the case of a loan
which il cepayable in bimonthly or quarterly installments, $3 and $6 respectively, for each installment interval or
part thereof By which such installment or evidence is late. If the Lending Institution elects to add the assessed
cha~ tq the outstanding principal of the loan, it shall so inform me prior to the due date of the next installment.
IV. This note may be assigned by the Lending Institutio~ only (A) to another institution upon my transfer to
that institution if that institution is participating in this pro,ram (or, if not so participating, ts eligible to
do so and is approved by the Commissioner for such purpose)or (B) to the United States if this note has been in de-
fault for two years. The provisions of this note that relate to the Lending Institution shall, where appropriate
relate to an assignee.
PRIOR LO~NS
V. I hereby certify that I have listed below all of the National Direct Student Loans (or National Defense
Student Loans) I have obtained at other institutions. If no prior loans have been received state "None."
SCHEDULE OF NATIONAL DIRECT ~TUDENT LOANS AND NATIONAL DEFENSE STUDENT LOANS AT
OT~ER I~STITI.~IONS
Amount Date ...Institution Signature of Maker
- - .......... of 12½ per centum of the total principal
~ ..... ~sn thereon for each complete year of service in an area of hostilities that qualifies
'for special pay under Section 310 of Title 37 of the United States Code.
DEATH AND ~ISA~ILI~Y CANCELLATION
~ (7) If I should die or become Permanently and totally disabled, the entire amount of this loan plus the
interest thereon shall be cancelled.
ADDRESS CHANGE
(8) I am responsible for informing the Lending Institution of any change or changes in my address
PENALTY CHARGE
(9) If I fail to make timely payment of all or any part of a scheduled ine~allment, or if I am eligible for
deferment or cancellation of payment (pursuant to paragraphs III (3), (&), (5), or (6), but fail to submit timely and
satisfactory evidence thereof, I promise to pay the charge assessed against me by the Lending Institution. No charge
may exc ~d (1) where the loan is repayable in monthly installments, $1 for the first month or part of a month by which
such in aliment or evidence is late, and $2 for each month or part of a month thereafter; or (2) in the case of a loan
which i~ :~epayable in bimonthly or quarterly installments, $3 and $6 respectively, for each installment interval or
part thereof by which such installment or evidence is late. If the Lending Institution elects to add the assessed
char tq the outstanding principal o~ the loan, it shall so inform me prior to the due date of the next installment.
ASSICNMBNT
IV. This note may be assigned by the Lending Institutio~ only (A) to another insti~ution upon my transfer to
that institution if that institution is participating in this PrOgram (or, if not so participating, is eligible to
do so and is approved by the Commissioner for such purpose)or (B) to the United States if this note has been in
fault for ~wo years. The provisione of this note that relate to the Lending Institution shall, where appropriate
relate to an assignee.
PRIOR LOANS
V. I hereby certify that I have listed below all of the National Direct Student Loans (or National Defense
Student Loans) I have obtained at other institutions.If no prior loans have been received state "None."
Amount Date Institution
of Maker
tVEAT - This note shall be execuced without security and withou= endorsement, except that if I am a m/nor and this
would not, under the law of the State in which the Lending Institution is located, create a binding obligation,
~ther security or endorsement may be required. The Lending Institution shall supply a copy of this note to me
· gnature of endorser
rmanent address Date
_, 19
(Street or Box Number, City, State, and Zip Code
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer 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
Tho~ '~' -
Assistant Treasurer of Dickinson College
Dated:
F:\FILES\DATAFILE\Dickinson Coll¢ct.doc\42-com I
F:\FILES\DAT/LFILEkDickinson College 7619\DickinsonCollegeCollections7619CkDocuxnents\42.pral/cny
Created: 4/11/03 9:12:18 AM
Revised: 4/11/03 9:28:20 AM ·
7619C.42
DICKINSON COLLEGE,
Plaintiff
CHRISTIAN S. DAGHIR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-933
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint to be served upon Christian S. Daghir,
Etzweiler & Associates, 105 North Front Street, Suite 101, Harrisburg, PA 17101. Please forward
the reinstated Complaint to the Sheriff for Service.
David R. Galloway, Esquire
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: April 11, 2003 Attorneys for Plaintiff
SHERIFF'S RETURN - OUT OF COUNTY
~ASE NO: 2003-00933 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
DAGHIR CHRISTIAN S
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
DAGHIR CHRISTIAN S
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April
25th , 2003 , this office was in receipt of the
attached return from DAUPHIN
Sheriff,s Costs:
Docketing
Out of County
Surcharge
Dep Dauphin County
18.00
9.00
10.00
31.50
.00
68.50
0A/25/2003
MDW&O
So answers: -' ? ......
Sheriff of Cumberland County
Sworn and subscribed to before me
this L ~ day of ~.
:2 ¢~/,-~ A.D.
Prothonotary '
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
: DICKINSON COLLEGE
vs
: DAGHIR CHRISTIAN S
Sheriff's Return
No. 0922-T - -2003
OTHER COUNTY NO. 03 933
AND NOW:April 18, 2003
COMPLAINT
DAGHIR CHRISTIAN S
ETZWEILER & ASSOCIATES
to KAREN PAUL (SEC)
of the original
at
COMPLAINT
2:05PM served the within
upon
by personally handing
1 true attested copy(ies)
and making known
to him/her the contents thereof at 105 NORTH FRONT STREET
HARRISBURG, PA 17101-0000
Sworn and subscribed to
before me this 18TH day,APRIL, 2003
PROTHONOTARY
So Answers,
Sheriff of Dauphin County, Pa.
ty ri
Sheriff's Costs: $31.50 PD 04/17/2003
RCPT NO 177761
HAYES
The Court of Common Pleas
Dickinson College
VS.
Christian S. Daghir
SERVE: s~ne
of Cumberland
No. 03-933 civil
County, Pennsylvania
NOW,_ April i5,. 2003 , I, SHERIFF OF CUMBE~~ COUNTY, PA, do
hereby deputize the Sheriff of Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, ,20~, at o'clock ~ M. served the
within
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this ~ day of
,20
SheH££ of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
DICKINSON COLLEGE,
Plaintiff
CHRISTIAN S. DAGHI1L
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-933
: CIVIL ACTION-LAW
ANSWER
AND NOW, comes Defendant, Christian S. Daghir and fries an Answer to Plaintiff's
Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted in part. The terms of the document purporting to be a copy of the
original attached to the Complaint as Exhibit "A" speak for them~lves.
4. Admitted in part. The terms of the document purporting to be a copy of the
original attached to the Complaint as Exhibit "A" speak for themselves.
5. The averments contained in paragraph five (5) of the Complaint are conclusions of
law to which a responsive pleading is not required. To the extent a response is deemed necessary,
the averments contained in paragraph five (5) are specifically denied.
6. The averments contained in paragraph six (6) of the Complaint are conclusions of
law to which a responsive pleading is not required. To the extent a response is deemed necessary,
the averments contained in paragraph six (6) are specifically denied.
7. The averments contained in paragraph seven (7) of the Complaint are conclusions
of law to which a responsive pleading is not required. To the extent a response is deemed
necessary, the averments contained in paragraph seven (7) are specifically denied. By way of
further answer, alter reasonable investigation, Defendant lacks knowledge or information as to the
troth of the averments in paragraph seven (7) relative to Plaintiff's calculation of reasonable
attorney's fees and proof thereof, if relevant is demanded at trial.
8. The averments contained in paragraph eight (8) of the Complaint are conclusions
of law to which a responsive pleading is not required. To the extent a response is deemed
necessary, the averments contained in paragraph eight (8) are specifically denied. By way of
further answer, after reasonable investigation, Defendant lacks knowledge or information as to the
troth of the averments in paragraph eight (8) relative to Plaintiff's calculation of principal, interest,
costs and attorney's fees and proof thereof, if relevant is demanded at trial.
9. The averments contained in paragraph nine (9) of the Complaint are conclusions of
law to which a responsive pleading is not required. To the extent a response is deemed necessary,
the averments contained in paragraph nine (9) are specifically denied. By way of further answer,
after reasonable investigation, Defendant lacks knowledge or information as to the truth of the
averments in paragraph nine (9) relative to Plaintiff's calculation of principal, interest, costs and
attorney's fees and proof thereof, if relevant is demanded at trial.
COUNT I
BREACH O,F CONTRACT
10. Defendant hereby incorporates by reference the answers contained in Paragraphs I
through 9 of this Answer.
11. The averments contained in paragraph eleven (11) of the Complaint are
conclusions of law to which a responsive pleading is not required. To the extent a response is
deemed necessary, the averments contained in paragraph eleven (11) are specifically denied.
12. The averments contained in paragraph twelve (12) of the Complaint are
conclusions of law to which a responsive pleading is not required. To the extent a response is
deemed necessary, the averments contained in paragraph twelve (12) are specifically denied.
WHEREFORE, Plaintiff's Complaint should be dismissed with costs assigned.
COUNT II
OUANTUM MERUIT
13. Defendant hereby incorporates by reference the answers contained in Paragraphs
1 through 12 of this Answer.
14. The averments contained in paragraph fourteen (14) of the Complaint are
conclusions of law to which a responsive pleading is not required. To the extent a response is
deemed necessary, the averments contained in paragraph fourteen (14) are specifically denied.
WHEREFORE, Plaintiff's Complaint should be dismissed with costs assigned.
Date:
Cs'[~istian S. l%ghir, E~lt~re, pm Se
I.D. 47741
P. O. Box 91
Lykens, PA
VERIFICATION
I verify that the averments in this pleading are
true and correct to the best of my knowledge, information and belief subject to the penalties of 18
Pa. C. S. § 4904 relating to unswom falsification to authorities.
CERTIFICATE OF SERVICE
This ,~l~-~dayof '7[ff$,ea ,2003, I certify that l served a tme and correct
copy of Defendant's Answer on David R. Gaffoway, Esquire at 10 E. High Street, Carlisle, PA
17013 by regular U. S. Mail, postage prepaid.
Christian S. Dagl~,~squi~,, Pr° Se
I.D. 47741
P. O. Box 91
Lykens, PA
DICKINSON COLLEGE,
Plaintiff
CHRISTIAN S. DAGHIR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CLrMBERLAND COUNTY, PENNSYLVANIA
NO. 03-933
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT
AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant CHRISTIAN S. DAGHIR, who
stipulate and agree as follows:
1. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion of a party, may
enter an appropriate judgment against a party upon admission.
2. Defendant agrees and admits that Judgment should be entered against him in favor
of Plaintiff in the mount of $2,159.24, plus interest at $.12 per ,flay from January 31, 2003, in the
amount of $22.20, attorneys' fees in the amount of $500.00 for a total of $2,681.44 and costs of suit.
3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment
pursuant to this Stipulation without issuance of a Rule to Sihow Cause, and without further
proceedings or notice.
C-hristian'S. Daghi~, squire
P.O. Box 91
Lykens, PA 17048
David R. Galloway, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Defendant
Date:
Attomey for Plaintiff /
Date:
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy of the foregoing Order for Entry of Judgment was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Christian S. Daghir, Esquire
P.O. Box 91
Lykens, PA 17048
MARTSON DEARDORFF WILLIAMS & OTTO
~cia~D. Eckemroad
Ten East High Street
Carlisle, PA 170,13
(717) 243 -3341
Dated: September 9, 2003
DICKINSON COLLEGE,
Plaintiff
CHRISTIAN S. DAGHIR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-933
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
ORDER OF COURT
AND NOW, this I~[ day of~~ , 2003, upon consideration of the attached
Stipulation, judgment is hereby entered in favor of Plaintiff Dickinson College and against
Defendant Christian S. Daghir in the amount of $2,159.24 plus interest from January 31, 2003, in
the amount of $22.20 and attorney's fees in the amount of $500.00 for a total of $2,681.44, plus costs
of suit and interest accruing from date of Judgment at $0.12 per day. Prothonotary is directed to
enter and index this judgment accordingly.
BY THE1,.,.'~ i
~J.
for Plaimiff.'
David R. Galloway, Esquire
Ten East High Street
Carlisle, PA 17013
Pro Se Defendant:
Christian S. Daghir, Esquire
P.O. Box 91
Lykens, PA 17048
DICKINSON COLLEGE,
Plaintiff
CHRISTIAN S. DAGHIR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-933
CIVIL ACTION-LAW
FURY TRIAL OF TWELVE DEMANDED
STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT
AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant CHRISTIAN S. DAGHIR, who
stipulate and agree as follows:
1. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion of a party, may
enter an appropriate judgment against a party upon admission.
2. Defendant agrees and admits that Judgment should be entered against him in favor
of Plaintiff in the amount of $2,159.24, plus interest at $.12 per day from January 31, 2003, in the
amount of $22.20, attorneys' fees in the amount of $500.00 for a total of $2,681.44 and costs of suit.
3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment
pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further
proceedings or notice.
By
Christian S. Dag e
P.O. Box 91
Lykens, PA 17048
David R. Galloway, Esquire
Martson DeardorffWilliams & Otto
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Defendant
Date: ~/~/~
Attorney for Plaintiff /
Date:
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy of the foregoing Order for Entry of Judgment was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Christian S. Daghir, Esquire
P.O. Box 91
Lykens, PA 17048
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 9, 2003
F \F1LES\DATAFILE~DmkinsonCollege7619\Collectior, s\Current\42 pra2
Created. 12/28/04 8 50AM
Revised 12/28/04 9-13AM
7619C 42
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, Plaintiff
V.
CHRISTIAN DAGHIR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-933
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the judgment in the above-captioned case satisfied and issue a certificate
reflecting the same.
M~~L~S. & OTTO
David R. Gallo--B~a~F.~quir{
I.D. Number 873:26 ~.
Ten East High Street
Carlisle, PA 1701.3-3093
(717) 243-3341
Attorneys for Plaintiff
Date: December 28, 2004
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, 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:
Christian S. Daghir, Esquire
P.O. Box 91
Lykens, PA 17048
MARTSON DEARDORFF WI~L~S & OTTO
~"~ylor
Ten{Epst High Street
Carllgle, PA 170113
(717) 243-3341
Dated: December 28, 2004