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Home My WebLink About03-2519PHARMACARE OF CUMBERLAND, Plaintiff, go DOROTHY C. ROSSER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. - .2 't q 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 an 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 PHARMACARE OF CUMBERLAND, Plaintiff, go DOROTHY C. ROSSER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW COMPLAINT NOW, comes Plaintiff, PharmaCare of Cumberland ("PharmaCare"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and flies the within complaint and, in support thereof, sets forth the following: 1. PharmaCare is a Maryland corporation with its principal place of business located at 1 James Day Drive, Cumberland, Maryland. PharmaCare is duly authorized to conduct business in the Commonwealth of Pennsylvania. 2. Defendant, Dorothy C. Rosser, is an adult individual residing at 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 3. PharmaCare is in the business of selling and dispensing pharmaceutical products. 4. For a number of years, PharmaCare has been supplying pharmaceutical products to residents of the Shippensburg Health Care Center located in Shippensburg, Pennsylvania. 5. Upon information and belief, Dorothy C. Rosser has been and currently is a resident of the Shippensburg Health Care Center. 6. During the period November 16, 1998 to the present, PharmaCare has provided pharmaceutical products to Dorothy C. Rosser as referenced on Exhibit "A" which is attached hereto and incorporated by reference. 7. The charges for the pharmaceutical products provide by PharmaCare to Dorothy C. Rosser total $2,329.40 as further referenced on Exhibit "A". 8. Despite demand therefore, Dorothy C. Rosser has failed and refused to pay PharmaCare for the pharmaceutical products provided. All conditions precedent to recover have been fulfilled. COUNT I UNJUST ENRICHMENT 10. Plaintiff incorporates Paragraphs one through nine as though set forth at length. 11. Dorothy C. Rosser has received the pharmaceutical products from PharmaCare referenced on Exhibit "A". 12. Dorothy C. Rosser has enjoyed the benefits of the pharmaceutical products provided by PharmaCare as referenced on Exhibit "A". 13. Dorothy C. Rosser has failed to pay for the pharmaceutical products provided by PharmaCare and has thus been unjustly enriched by the retention of the benefit provided without making payment. WHEREFORE, Plaintiff requests judgment in its favor and against Dorothy C. Rosser for the sum of $2,329.40 plus interest, costs and expenses. COUNT II length. 14. BREACH OF CONTRACT Plaintiff incorporates paragraphs one through thirteen as though set forth at 15. By placing orders for the pharmaceutical products listed on Exhibit "A" with PharmaCare, Dorothy C. Rosser agreed to pay for the products provided by PharmaCare. 16. PharmaCare invoiced Dorothy C. Rosser for the products set forth on Exhibit "A". 17. Dorothy C. Rosser has, without justification, failed and refused to pay for the products so provided. 18. Dorothy C. Rosser's breach of his agreement to pay for the ordered products has caused PharmaCare to not be paid for the products provided. WHEREFORE, Plaintiff requests judgment in its favor and against Dorothy C. Rosser in the amount of $2,329.40 plus interest, cost and expenses. Respectfully submitted, 'BRIEN, BARIC & SCHJ~.R David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 da b-dir/pharmacare/rosser/complaint.pld 05/20/2003 15:25 7172495755 OBS PAGE ~ERIFiCATIOI~ Thc statements in the foregoing Cora.plaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own, I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are truc and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PaC.$. § 4904 relating to unswom falsifications to autho, dties. F'~2QIb /'73, O35 t3B~trd~, M) 3:~q0:3 PAGI 73 04/3~/03 BAt, 10 wz~ I~ ~ 022403 ~ ~ ~ 0.2 oJJ703 0(~3332~ ~ ~ o.~ o~8o3 073758~, ~ ?~ ~ ~f 022803 O~ 23.4J 35,45 0?364~S~ ~ ~ ~ ~og Q22g03 O~ ~1.49 0737S6~7 8 ~ 2~ ~ 022103 0~ 4o.4~ ~377574 2 ~T Z.2~ 030303 O~ 07377GOS L ~ ~ 0.2 030~03 OX 8.40 0736465~ 7~ ~L ~ 200 ~os03 O~ ET.ts 90 ~ S~ 033X03 a~ Z3.4~ ~114397 SS ~M o.~ 033103 01 0739174S E ~ 3~ ~ 033~03 01 07398~7~ 20S ~ ~ ~B 033~03 OX ~,gg 073989?2 27 ~ ~ ~ 033X03 0X 141.99 ~98~73 21 ~ ~ ~ 033103 01 07398974 102 ~~ 25 03S~03 o~ O~.4S OTJ~ag?5 24 ~ ~O D~O30~ ~.4~ 074olg~5 ~5 ~ ~ ~ ~ Od0703 0~ S.3S s~z3q~emtmo,pA t?3s? EXHIBIT "A" ~ ~eo3 o1 LO0 ~3003 ~ o4]oo] ~ o43~3 ~ 043003 QL ~OOJ 02 043003 0~003 · O0 J3.4J Z4.S5 :L2.4A 3,34,4~ .00 ,o0 23~9.40 PA~ 74 04/3o/02 IV, (0-30) ('J3,~CO) ¢!,L-,1,~0) (~3,,_.,tqO,I 23J~,40 .QO , oo .00 SHERIFF'S RETURN - CASE NO: 2003-02519 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHARMACARE OF CUMBERLAND VS ROSSER DOROTHY C REGULAR KENNETH GOSSERT , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 30th day of May 121 WALNUT BOTTOM ROAD by handing to ADMINISTRATOR, ADULT IN CHARGE says, the within COMPLAINT & NOTICE ROSSER DOROTHY C DEFENDANT , at 1510:00 HOURS, at SHIPPENSBURG HEALTH CARE CTR SHIPPENSBURG, PA 17257 LARRY COTTLE, a the , 2003 true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this 22 ~ day of P~c~t honor ary So Answers: R. Thomas Kline 06/03/2003 O'BRIEN BARIC SCHERER By: PHARMACARE OF CUMBERLAND, Plaintiff, DOROTHY C. ROSSER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2519 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, PharmaCare of Cumberland and against the Defendant, Dorothy C. Rosser, for failure to file an answer to the Complaint of Plaintiff. A true and correct copy of the return of service from the Sheriff of Cumberland County is appended hereto as Exhibit "A." A true and correct copy of the Notice of Default is appended hereto as Exhibit "B." A true and correct copy of the Certificate of Mailing for the Notice of Defanlt is appended hereto as Exhibit "C." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiffrequests judgment in the amount of $2,329.40 as set forth in the Complaint. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/pharmacare/rosser/default.pra C~SE NO: 2003-025].9 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHARMACARE OF CUMBERLAND VS ROSSER DOROTHY C SHERIFF'S RETURN - REGULAR KENNETH GOSSERT , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE was served upon ROSSER DOROTHY C DEFENDANT , at 1510:00 HOURS, on the 30th day of May at SHIPPENSBURG HEALTH CARE CTR · 121 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 by handing to LARRY COTTLE, ADMINISTRATOR, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 06/03/2003 O'BRIEN BARIC SCHERER EXHIBIT "A" PHARMACARE OF CUMBERLAND, Plaintiff, DOROTHY C. ROSSER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2519 CIVIL TERM CIVIL ACTION-LAW TO: Dorothy C. Rosser 121 Walnut Bottom Road Shippensburg, Pennsylvania 17257 Date of Notice: June 26, 2003 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 //AN, BARIC AND SC~IL~R David A. Baric, Esquire 17 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "B" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER PS Form 3817, January 2001 EXHIBIT "C" CERTIFICATE OF SERVICE I hereby certify that on July ~ ,2003, I, David A. Baric, Esquire, ofO'Brien, Baric & Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the pa~ies listed below, as follows: Dorothy C. Rosser 121 Walnut Bottom Road Shippensburg, Pennsylvania 17257 David A. Baric, Esquire