The URL can be used to link to this page

Home My WebLink About00-05489 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEARS, ROEBUCK AND COMPANY, Plaintiff, NO. 00-5489 vs. CIVIL ACTION - LAW FRANK L. FLOTO, Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S PRO SE PLEADING AND NOW, TO WIT, this 3fd. day of October, 2000, comes the Plaintiff, Sears, Roebuck and Company, by and through its attorney, Daniel F. Wolfson, Esquire, and the law firm of Wolfson & Associates, P .c., and files the following Answer to Defendant's Pro Se Pleading as follows: 1. Denied. By way of further answer, after reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. 2. Denied. By way of further answer, after reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. 3. Admitted in part; denied in part. It is admitted that Defendant made some small payments on his account. To the extent that further answer may be deemed appropriate, since the word "numerous" is used, and no specifics concerning the payments are presented in Defendant's pleading, Answering Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averment of Paragraph 3 of :'. -~_-lT-_:~~-:~- ---_.--~ - ,0' 1 ^~."' < -"It]'.-"- f~'t ~t/>~';:~'~:'t' '"": '~P'if~~~ fi'iiy~'_f:+,:~:":fi-\t:'ir':'.t'::' J!r In:.t~fC~-~fl~i.:'rJF-:.." ii~- . ".... ..... ............... --,,, , ';." .... .... .i.I.I.......j..]JIIr~IIlifJ...._..f..Yrj;rr "',~'""-~-;'y_'1"'.;,;,;"{'_-;'~v :'~"'.;",~,.,~.:~fr;"~-'-~%liiiJ;~)if";~l:'Jr~:.:ltH-''''f)eJ1j'~'' "''i'--1n''K;il- J I _!':!'!!" _ _ _ ...........,.. ."........P............... .... ..............,........,.........=......,..""'1.... . ........................................ ................................ (') C ? '"Dr" nlr'r'l z... ,..}..1 zr ~~;, ~;:C) ~2 z =< ...,-4"1"..........'__,--;??'" .......'. c co C> ") :..... , (.r C:? :." (>:) ~'f; (";; --'j -'i:-'" :.q -, .. -.--~- ::i,':~ - , \ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter for the next Arg\Inent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) SEARS, ROEBUCK AND CO (Plaintiff) vs. FRANK L. FLOTO (Deferrlant) No. 5489 Civil :u 2000 1. S,tate matter to be argued (i.e., plaintiff's rrDtion for new trial. deferrlant's d6l1llITer to canplaint. etc.): ANSWERED FILED IN RESPONSE TO JUDGMENT REVIVAL 2. Identify counsel who will argue case: (a) for plaintiff: WOLFSON & ASSOCIATES, P.C. Address: 267 EAST MARKET STREET YORK, PA 17403 (b) for deferrlant: FRANK L FLOTO PRO SE Address: 1017 KENT DRIVE MECHANICSBURG, PA 17055 3. I will notify all parties in writing within 1:'NO days that this case has been listed for argunent. 4. Argl.ment Court Date: OCTOBER 24, 2001 Dated: ~~:::lV~ Attorney for SEARS, ROEBUCK AND CO. ~ -~"',.., ",.~ , I: II~ I: , ~i , ""'~ ,e " !~~ r>>' ,,~', 7' ,~~-,-~ o c s: ""On) rllrn -? ."i ~ zt'- ~'~~r C?c.:' Pr- z(< >c ~ e Cl "'" '-- W N c:o Q ,-"" I :::'-('1 [..) --r-, , ,c_-._. fl~' h~ c- o:> -:-,. '5J -<: !!lL e!!l"p',.," ~ - "'" " " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEARS, ROEBUCK AND CO, Plaintiff, NO 00-5489 vs CIVIL ACTION-LAW FRANK L. FLOTO, Defendant, CERTIFICATE OF SERVICE AND NOW, this ~ day of IllAn (, rf 200~, I, Daniel F. Wolfson, Esquire, do hereby certify that I have served a ~ foregoing Praecipe for Listing case for Argument upon the Defendant by mailing same via regular mail, first class, prepaid and Certified, first class mail, postage pre-paid as follows: Frank L. Floto 10 1 7 Kent Drive Mechanicsburg, PA 17055 Respectfully submitted, Daniel F. Wolfson, Esquire WOLFSON & ASSOCIATES, P.c. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 20617 Attorney for Sears, Roebuck and Co. " n .. .. 0 C) c:. -:~~. "7-' -u f'(" (-.:. rn r,' '::"-J ~~~: :'0 ,-., U,'-p C) ~J -'" ,> Ci r-21~ ~, . I " -5 ..-, ::P C~I C) ~6 :~~; ;~n I Y"G ~ ?, r. ~> =< (f) ~ I I ! i I ;-" 'd" ., .'- >._,,"'~_"H_~, '"--' --._".t.-:,<,-",- "!!C'" . -","~-, "--~,.-~~ ~~<< ,,~~- ,.~~~l!I~_, .0-_:'0;1:.";,:'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEARS,ROEBUCK AND COMPANY Plaintiff, v. No.: 95-5386 No. 00-5489 Civil Term FRANK L. FLOTO, Defendant. DEFENDANT'S ANSWER TO PRAECIPE FOR WRIT OF REVIVAL NOW COMES the Defendant, Frank L. Floto, pro se, and files this Answer to Plaintiff's Praecipe to Issue Writ of Revival respectfully representing as follows: I. The item purchased at "Sears" was purchased in 1991 and specifically was a computer in the amount of$2,499.00 plus tax. 2. A second item was purchased on or about April 8, 1993 in the amount of $77.90 3. Between the date and time of the initial purchase in 1991 and the only other purchase in 1993 numerous timely payments were made on account of Defendant. 4. In spite of numerous timely payments to Plaintiff on behalf of Defendant, the amount of debt continued to grow due to continued raises in the rate of interest as applied to the account. 5. On numerous occasions Defendant has corresponded not only with Plaintiff, and most recently in February, 1999, with Mr. Wolfson's office requesting a full accounting of the payments and -debt accrued with regard to this account and has received no response from either "Sears" or Mr. Wolfson's office. ';-', ~~", -" - ,~, , ' "."_\J?__,_.", :',,-,- ,'" t'~~/\"-'"-", _"_,,~,,,:,~__,"!"S"':'P , -, ",' -~" "~_\,.; _~__,_ -, <-7-~-' ,," -~,,-_0'_1_ -,,~- '_<-'_':':--' _ -;~'- ,p, _,_L_-"".._ _'. d' .,,".,- .", _^""",,,,,,,", _ ^ _" _ >,.~,_ _._'_ --''''.,'''"_-" ' ~- - . ",.'\0- -~,_'.,_-j -, \., '-_;;:0' . --,.-, -",-'--- ,- ~~ i~ ~ S., :::J!: .'.c::. ..;~- 5:> '. .' ~...) C .:::-; 2: ;> =< .1J (.;.0 -< () 0 () c 0 "",1 ~~ (l) -01'1; P1 :',!J I"n fT'~ \1 Z::n 1'.) :-~:Jt9 ZC- (fJ",:":;' -.l '>6 ~c~ OJ . " ~f -rl ,- :1C ('~"2' 4:(; ,"',) 5;8 w ~rn S?, Z s; =< (..J -< "',<c'':.>:'';'", U.S. POSTAL SERVICE CERTIFICATE .oF MAl ING MAY.tiIE lis ED ,FPf\DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR It.a~URANCE-POSTMASTER Affix fee here in stamps 1'-'- Ii:: -\ \c,,,,- Q o\"\-'c,",ok Received From: Si:\<:> \c l\:)n ~V'-"" at ,....,;,... \~cX\.\)"~ I\J) \:) w-. ~. \ One piece of ordinary mail addressed to: Cu....~Y--- I) _\.Cl.V"(,\ (C'lL1,^~C.ouAnQ\\.BlIt.o \.; \ ('r"l....A""~~,,;;;:dl. ~~).C'1.."'--->'-- ~\.m'-'- ',,", \ '\ \" - '''0,:, '0 PS Form 3817, Mar. 1989 '.~- ~_~__ , '~r_ ,.", ," u',"" ., .,.<~ . ~~ ) '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEARS, ROEBUCK AND COMPANY, Plaintiff vs. 00 - Slip( NO. 95-5386 Cc'vll '-r~ Frank L. Floto, Defendant PRAECIPE TO ISSUE WRIT OF REVIVAL To The Prothonotary: Please issue Writ of Revival Judgment entered to No. 95-5386 and index it in the Judgment Index against Frank L. Floto, Defendant in the amount of $ 2,661.03 with interest from October 11, 1995. ; ~. 'By: ~; . Daniel F. Wolfson, Esquire WOLFSON AND ASSOCIATES. P.C. 267 East Market Street York, Pennsylvania 17403 Telephone # 717-846-1252 Attorney ID # 20617 Attorney for Plaintiff WRIT OF REVIVAL To: Frank L. Floto 1017 Kent Dr. Mechanicsburg, PA 17055-7608 1. You are notified that the Plaintiff has commenced a proceeding to revive and continue the lien of the Judgment entered to No. 95-5386. 2. The Plaintiff claims that the amount due and unpaid is $ 2,661.03 with interest from October 11, 1995. 3. You are required within twenty (20) days after service of this writ to file an answer or otherwise plead to this writ. If you fail to do so, Judgment of Revival will be entered. Date: /JU1 PI.;tOa6 ~thonotary, ~iVil Division ~ ~~tJ.P.'n?~ Deputy ~\~~"'-,~. ", ~ .'In ~ -- ~~~ ~ "~ . I' " " .., N ~,,_ . I ~ .. , ~ 0 0 0 <<l. ~ ~ 0 " ~ :2: -.... ) \ ;--.. ~ ~ ~!B ~ F~f9 . <n 8 ~ 8 I "\:Jm l:t ~s; 0:> :7:1'1' -<-<'- 00 ~D :;:t.. ~ ~ :> 5:.u 3Eo ::a;: -0 :i>~ -;{~-.rn u 6' ~ fjJ f~ ~ '0 ~ - .;0 -...c:- ~ N -< ~ ~ ., ."iIIf . ~< ~"'>-"'~-~~~' ;J/Qml~~lf~_~l}i'1$'I1N!I.i!i:~:'~C"F~ql~~llI!/l'!!!l .' ,-,J,' ~~<'""'''''''"'''''''~'-f'!-'''''''_' [~DI\F\t~,___, ,',_ >_ -'_~ } '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00 -SJ.ff7 (>/()~l ~~ SEARS, ROEBUCK AND COMPANY, NO. 95-5386 Plaintiff v. Frank L. Floto, CIVIL ACTION: LAW Defendant ENTRY OF APPEARANCE Please Enter the Appearance of Daniel F. Wolfson, Esquire, as the Attorney for the Plaintiff. Respectfully Submitted, Date: ? ;L-rOO Daniel F. Wolfson, squire WOLFSON & ASSOCIATES, P.C. 267 E. Market Street York, Pennsylvania 17403 Telephone No. (717) 846-1252 I.D. # 20617 Attorney for Plaintiff "".,""'~~ ~-,~. - .1 ~ ~ ~"',. ~~",. - 'm_, ",~,'~",,<+ _.,'"" ,'" ~~~, ." .. ".. '" \ 8 0 0 0 ..,., :s:: ,.., '-1 -oOJ c:: T ~fT1 c..""> 'il :JJ ::D ~ r- Zs;,; I ~om 00_ co :nO ~L Q6 - c" ;< - ",. ,1;' ~o :x ") -+J ">(") :;:;0 iSm ~ ,::::> s;! r", ::0 -< 'J, <~ IT "^~ ~". > ,~_, -11 " f~_, l~_~om?~~mf'!ifol.'F!l!!Iffl"l%!!!ff~~ljj~""""""",,,~.~ ., - ~_', "','''''~r0'', SHERIFF'S RETURN - REGULAR CASE NO: 2000-05489 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEARS ROEBUCK AND COMPANY VS FLOTO FRANK L ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF REVIVAL was served upon FLOTO FRANK L the DEFENDANT , at 1930:00 HOURS, on the 11th day of Auqust , 2000 at 1017 KENT DR MECHANICSBURG, PA 17055 by handing to FRANK FLOTO a true and attested copy of WRIT OF REVIVAL together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge 18.00 8.68 .00 10.00 .00 36.68 So Answers: ~~/~ R. Thomas Kline day of 08/11/2000 WOLFSON & ASSOCIATES By: ~)(~ct</~~ Deputy Sheriff Sworn and Subscribed to before me thi s Irq;;. ()'o;. ;2ffl A.D. _0. /1UL,~ Prothonotary \ - SEARS, ROEBUCK AND CO., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. FRANK L. FLOTO, DEFENDANT : 00-5489 CIVIL TERM BEFORE BAYLEY. J. AND GUIDO. J. AND NOW, this ORDER OF COURT 2--5 day of October, 2001, the Writ of Revival of the Judgment entered to No. 95-5386, IS GRANTED.1 The Prothonotary shall index it in the Judgment Index against defendant, Frank L. Floto, in the amount of $2,661.03 with interest from October 11, 1995. Daniel F. Wolfson, Esquire For Plaintiff , ~ Q~ 4 Pi\s Frank L. Floto, Pro se 1017 Kent Drive Mechanicsburg, PA 17055 :saa 1 The writ of revival was filed within the required statutory period, and the judgment has not been paid. Therefore, plaintiff is legally entitled to have it revived. '("''"''--' ",- "I - - .,~" .~ - __ m r' '4\t-Nr::ln~~~~~~1~(i() }..l..\'lf\OCl-"'-- I"n \ \\ r" 0V"'< ..."? .\\\.\ij ,,(, ~ "e,,' I -, ~ '_Il'-"",\r- \' "{ l'i'" " " 1\0. .L "~~:)U::O'~'_: ," , i._ ~. --~ ....~ ,Ii , _,1r'i11_'!Ift~~$I~~1I~~~~JOj~1~g!,1. Jt'-"~~IliJI. ."... __ SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT.LAW 26 w. High Street Carlisle. P A I I, .',- -" "~-~.' !I DONNA MOUNTZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 7179 CIVIL TERM CIVIL ACTION. LAW Plaintiff vs. RANDALL C. MOUNTZ, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWVER 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 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for PI' iff By: - . -<~_, J~._ ~ -~, _ "_ __, __~_w -. ---,.- SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEVS'AT'LAW 26 W. High Street Carlisle. P A ",'I' 'I mountz. divorce complaint tjb June 19. 2002 DONNA MOUNTZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 7179 CIVIL TERM CIVIL ACTION - LAW Plaintiff vs. RANDALL C. MOUNTZ, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE DONNA MOUNTZ, Plaintiff, by her attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C., respectfully represents: 1. The Plaintiff is Donna Mountz, who currently resides at 262 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania, where she has resided since May 13, 1977. 2. The Defendant is Randall C. Mountz, who currently resides at 262 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania, where he has resided since May 13, 1977. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 7, 1970, in Maryland. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. ,>" ~- -- I . .~^ _- - -, _,..~_ '._~'___ , ",,.t---,',,-,,-.-' ',--',' " , -, ~,,-'~ SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, PA .-C-~l~ ~"..~ T'_' I;~, _., __ ,_,. II mountz, divorce complaint tjb June 19. 2002 COUNT I - DIVORCE 6. The Plaintiff avers that she is entitled to a divorce on the grounds that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT 11- EQUITABLE DISTRIBUTION 8. The averments in Paragraphs 1 through 8 are incorporated herein by reference as if set out in full. 9. In the course of their marriage, Plaintiff and Defendant acquired certain real and personal property. 10. Plaintiff requests the Court to equitably divide the marital property. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing the Plaintiff from the Defendant and equitably dividing the marital property. COUNT 11I- ALIMONY. COUNSEL FEES AND COSTS 11. The averments in Paragraphs 1 through 10 are incorporated herein as if set out in full. " .-"-. -, --_._~ - -'''-' <"', " ,",' .", . - , , - ~-" I SHU~~~WER 'I & LINDSAY j, I' , ATIORNEVS.AT.LAW 26 W. High Street Carlisle, PA :] 1] I], ~ " mountz, divorce complaint ljb June 19. 2002 12. Plaintiff is without the ability to support herself both before and after the divorce, or to pay her counsel fees and costs. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce along with alimony, alimony pendente lite, attorneys fees and costs. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plain . By: C 01 J. Lindsay, Esquire # 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 , ,^' "oJ C ,d<". . " -'" "_U','"~''' ___ .. '_1 ~,'._' _' '-,"" .'- -'.'.-' " ,',-""'" SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA ''Fw~- " VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. )L~,~ Date: <, . '-' ,.." - .~- .',-' - '. -~" , .' 0__' ~ I I I , II I, ~ ~ I,. - ~-l' -, " ."--'. ,_""ll .. " . ~ ~~ -is. k, P 0 i:. , - C U ..... () ....} (,...J r w ~ P b' "-J '-.J r r ~ - ~- _ ~ ,. _~,~ dl,l!l!r'''-' ~" ~-",., . o $;; lJ~ C:'j;:-' ~~- ~:.~ :2:('" ).;:(~~ 2: =< !l"II",.~_,,~~~_ _n,.,_. -~ ,~ -, '..' o r,,) o -r, ~= ;:.::::: -" "'il] ~~} ~> ~ ., (')::J ..:..:.;.() cSrn -~ >' :D -< -' !_'~ i:2 c- ,^' >,~' ':" -"',:,r~,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEARS, ROEBUCK AND COMPANY, Plaintiff NO. 00-5489 vs. FRANK L FLOTO, CIVIL ACTION Defendant PRAECIPE TO REMOVE To the Prothonotary: ( ) Please mark the above captioned action Or (X) Please mark the above captioned judgment or lien settled or satisfied. THE ACCOUNT IS PAID - SETTLED Dated: '1//uIO'd- ~)~ Daniel F. Wolfson, ~SqUir. --............ Attorney for SEARS, ROEBUCK AND CO. WOLFSON & ASSOCIATES, P.c. 267 E. Market St. York, Pennsylvania 17403 Telephone No. (717) 846-1252 Attorney 1.0. No. 20617 C1nr - -. - ~~ ~.!<. :w , ! I , '< ~ < 'd co ~JIIlI": _, ~ "~"".,,P, 0 0 {::J c:: 1'..) ~il g: <- -all] f= -n rnrr' ""'1 Z.-'-.' ~~ .-' . ~-; ''''''; 'c'.'<~> ~O - ~,~:. c. ~O ~,-.. --C> tf: J>c. ;:.:::\ ~ J;~ (]1 ::5l -, ~~. < ~~_~~~,p~~~~lf~~~_~. '" ,~ffM~. ~'_~8,.r-