HomeMy WebLinkAbout07-6720n
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DARWIN KELL AND DORIS KELL, : IN THE COURT OF COMMON PLEAS
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. Q '? - (o 02- b C J,' 7 c frk
KATHLEEN A. DOTOLO, : CIVIL ACTION - LAW
Defendant : IN EQUITY
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIM 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 LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
NOTICA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted
debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas
o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara
medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para
usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
VERIFICATION
DARWIN KELL AND DORIS KELL,
Plaintiffs
V.
KATHLEEN A. DOTOLO,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CASE NO. V7 - 6 7 c Z
: CIVIL ACTION - LAW
: IN EQUITY
COMPLAINT
AND NOW COME Plaintiffs, Darwin Kell and Doris Kell, by and through their counsel,
Mark A. Mateya, Esquire, and in support avers the following:
1. Plaintiffs, Darwin Kell and Doris Kell, (hereinafter referred to as "Plaintiffs"), are
adult individuals who presently reside at 65 Old Stonehouse Road South, Carlisle, Cumberland
County, Pennsylvania.
2. Defendant, Kathleen A. Dotolo, (hereinafter referred to as "Defendant"), is an adult
individual who has an unknown address. Defendant's previous address was 1332 Swope Drive,
Boiling Springs, Cumberland County, Pennsylvania.
3. Defendant is the owner of a 1999 Hyundai vehicle (hereinafter referred to as
"Vehicle"), VIN Number KMHWF25S9XA125920.
4. Defendant has abandoned the Vehicle at the premises of Plaintiff since May 1, 2007;
the vehicle remains at Plaintiff's residence to the present time.
5. Plaintiffs contacted Defendant on or about August 16, 2007, at Defendant's last
known address by first-class mail and by way of Certified Mail requesting that she remove the
Vehicle from Plaintiff's premises.
6. Attempts to deliver the Certified Mail to Defendant were made on August 17, 2007,
C
August 22, 2007, and September 1, 2007. The Certified Mail was returned to Plaintiffs and
marked "Return to Sender Unclaimed Unable to Forward". A copy of the Certified Mail
envelope is attached hereto as Exhibit "A" and is incorporated herein by reference.
7. Plaintiffs have contacted the Defendant via e-mail at the e-mail address which
Defendant provided to Plaintiffs. Plaintiff's e-mail to Defendant have gone unanswered.
8. Plaintiffs have attempted to contact Defendant at the telephone number which she
provided to Plaintiffs. The telephone numbers have since been disconnected and no forwarding
telephone number has been provided.
9. Plaintiffs have no knowledge of Defendant's present address, telephone number, or e-
mail address in which to contact her.
10. Plaintiffs have concurrent with this Complaint filed a Motion to be permitted to serve
Defendant by publication.
WHEREFORE, Plaintiffs respectfully request that this Honorable Court:
1. Award Plaintiffs ownership of the Defendant's vehicle which is presently on
Plaintiff's premises;
2. Extinguish the right, title and interest of any other person to the vehicle.
Respectfully submitted,
Date: 6 -7
Mark A. Mateya, Es
Attorney ID No. 7031
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
VERIFICATION
I, Doris Kell, verify that the facts set forth in the foregoing document are true and correct
to the best of my knowledge, information, and belief. I understand that false statements herein
are subject to the penalties of 18 Pa. C.S. §4904, relating t sworn falsification to authorities.
Doris Kell
DATED: LP " y
VERIFICATION
I, Darwin Kell, verify that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information, and belief. I understand that false statements
herein are subject to the penalties of 18 Pa. C.S. §4904, relatin unsworn faf fication to
authorities. z"t A I / ,
Darwin Kell
DATED: &(a 6 ?,( Zoo
Bent Pint Alpaca Farm
Darwin & Doris Kell
S Old Stonehouse Rd. South
Carlisle, PA 17015-97%
Phone 1-800-863-3211
www.bentpi?tealpacas.com
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DARWIN KELL AND DORIS KELL,
Plaintiffs
V.
KATHLEEN A. DOTOLO,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CASE NO. 6') - 6 7 a 6 0", f -?
: CIVIL ACTION - LAW
: IN EQUITY
MOTION TO SERVE COMPLAINT
BY WAY OF PUBLICATION
AND NOW comes the Plaintiffs, Darwin Kell and Doris Kell, by and through their
counsel, Mark A. Mateya, Esquire, and in support of the foregoing avers the following:
1. Plaintiffs are initiating this action by way of filing a Complaint to the above term and
number concurrently herewith.
2. Plaintiffs have attempted to contact Defendant by certified mail on or about August
16, 2007, in an attempt to resolve the present issues without having to take legal action.
Defendant did not claim the aforementioned certified mail. A copy of the envelope evidencing
the attempts to serve the certified mail is attached hereto as Exhibit "A" and is incorporated
herein by reference.
3. Plaintiffs attempted to send mail to the Defendant via first class postage prepaid mail
at the last known address of Defendant. The first class mail was returned and the envelope
marked that Defendant had moved with no forwarding address. A copy of the envelope marked
as such is attached hereto as Exhibit "B" and is incorporated herein by reference.
4. Plaintiffs sent an e-mail to Defendant on July 8, 2007, and August 15, 2007, and
requested that Defendant contact them. No response was forthcoming from Defendant. A copy
of the e-mail dated July 8, 2007, and August 15, 2007, are attached hereto as Exhibit "C" and are
incorporated herein by reference.
5. Because Plaintiffs are unaware of Defendant's current address, telephone number or
other means of communication, Plaintiffs are unable to serve the Complaint filed to the above
term and number upon the Defendant.
6. There have been no other rulings in this matter which have been addressed by any
Judge in the Court of Common Pleas of Cumberland County.
7. The Defendant and/or her counsel are unknown to Plaintiffs to either give their
concurrence or nonconcurrence in the filing of the present motion.
WHEREFORE, Plaintiffs respectfully request that this Honorable Court issue an Order
granting Plaintiffs leave to serve the Complaint upon the Defendant by means of advertisement.
Respectfully submitted,
W. C
Mark A. Mateya, uire
Attorney ID No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Ji1 Counsel for Plaintiffs
)(;* ?
Date: /0
VERIFICATION
I, Doris Kell, verify that the facts set forth in the foregoing document are true and correct
to the best of my knowledge, information, and belief. I understand that false statements herein
are subject to the penalties of 18 Pa. C.S. §4904, relating t sworn falsification to authorities.
Doris Kell
DATED: J-0 6 - () 7
VERIFICATION
I, Darwin Kell, verify that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information, and belief. I understand that false statements
herein are subject to the penalties of 18 Pa. C.S. §4904, relatin t unworn fa 9
.• fcation to
authorities. i
Darwin Kell
DATED: -2(6 6d &
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Page 1 of 5
Information
From: "Darwin Kell" <darwin@bentpinealpacas.com>
To: <kathleen A. Dotolo>
Cc: <doris Kell>; <darwin D. Kell>
Sent: Sunday, July 08, 200712:00 AM
Subject: 1999 Hyundai Sonata,
Kathleen Dotolo,
Doris and I stopped at your house in White Rock the other day and it appears you have moved.
As you know I have had the 1999 Hyundai Sonata, your parents gave you, since I paid the bill and had it
towed on May 1, 2007.
I have had no contact from you and you have not made any effort to pay the outstanding bill or arrange to
pick-up the vehicle.
In frustration, I contacted your mother by telephone over a month ago. She assured me she would contact
you and get back to be about the vehicle. I did not get a response from you or your mother.
From the conversation with your mother and after doing some checking on my own, it appears most of what
you told me has been fabrications and untruths. In addition, upon doing a criminal record check on you the
public records show you have a very colorful record.
I called your parents telephone number today and got the answering machine. I left a message that I
needed to find out about the vehicle and was concerned when I found out you have a long criminal history.
I just returned home and had a message from your father on my answering machine. He informed me that
he would contact you and further I should never call their number again. I assume he followed through and
did contact you and give you the message to contact me.
Please call me or email me immediately and tell me the truth on the vehicle. I need to know if you do have a
clear title to the vehicle as you told me. And in light of your past, make sure there is no judgments against
the vehicle.
If I do not here from you immediately I will contact the PA State Police next week. I do not want to keep
the vehicle here any longer and will not release it until I either get paid the money owed me or file a claim
in court to make sure it is paid.
I tried to help you and have helped others in need. Even with our recent experience I will continue to help
others less fortunate when I can. However, I will not allow anyone to take advantage of me.
I am trying this email to contact you since I do not have a current mailing address.
Darwin
Darwiin do Doris Kell
Bent Pine Alpaca Farm
65 Old Stonehouse Rd. South
9/26/2007
Page 1 of I
Main
From: "Email" <email@bentpinealpacas.com>
To: "Kathleen A. Dotolo" <kdotolo@comcast.net>
Cc: "Doris J. Kell" <dods@bentpinealpacas.com>; "Darwin D. Kell" <darwin@bentpinealpacas.com>;
<info@bentpinealpacas.com>
Sent: Wednesday, August 15, 2007 9:22 PM
Subject: 1999 Hyundai -KMHWF25S9XA125920
Kathleen,
I tried to call you by telephone, however, both your home and cell phone say they have been changed, disconnected or are no
longer in service.
Please get back to me ASAP in reference to your 1999 Hyundai that has been stored at my farm since April.
I need to know if you want the vehicle? If you do, you need to pay me for the towing, service and storage so you can pick it up
and remove it from the property.
Looking forward to your timely response.
Darwin
Darwin Kell
Bent Pine Alpaca Farm
65 Old Stonehouse Rd. South
Carlisle, PA 17015-9798
www.bentpinealpacas.com
(717) 796-5949
Toll Free: 8009-863-3211
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DARWIN KELL AND DORIS KELL, : IN THE COURT OF COMMON PLEAS
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 6 7- 6 7 ?o J J* l fu-?.
KATHLEEN A. DOTOLO, : CIVIL ACTION - LAW
Defendant : IN EQUITY
ORDER
tQ4k
AND NOW this ? day of A) ff4?*? , 2007, upon consideration of
the foregoing Petition to Serve Complaint upon Defendant by Legal Advertisement,
IT IS HEREBY ORDERED AND DECREED that Plaintiffs are granted leave to serve
the Complaint upon Defendant by mean of advertisement.
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30too-Griu
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DARWIN KELL AND DORIS KELL,
Plaintiffs
V.
KATHLEEN A. DOTOLO,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CASE NO. 07-6720
CIVIL ACTION - LAW
IN EQUITY
AFFIDAVIT OF SERVICE
AND NOW, this 6th day of November. 2007, comes Mark A. Mateya, Esquire, Attorney
for Plaintiffs, who, being duly sworn according to law, deposes and says that:
1. A Complaint in Equity was filed on November 6, 2007, to the above term and
number.
2. On November 6, 2007, Plaintiffs filed a Motion to Serve Complaint by way of
Publication.
3 On November 13, 2007, an Order was issued granting Plaintiffs leave to serve the
Complaint upon the Defendant by means of advertisement.
4. On November 22, 2007, the Notice to Defend was published in the Patriot News,
which is a newspaper of general circulation. A copy of the Proof of Publication is attached hereto
as Exhibit "A" and is incorporated herein by reference.
4. On November 30, 2007, the Notice to Defend was published in the Cumberland Law
Journal which is a legal publication. A copy of the Proof of Publication is attached hereto as Exhibit
"B" and is incorporated herein by reference.
Respectfully submitted,
Ut-Mark A. Mateya, Es e
Attorney I.D. No. 78931
Attorney for Plaintiff
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108
(717) 238-7151
The Patriot-News Co.
•812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
MATEYA LAW FIRM
ATTORNEY AT LAW
POST OFFICE BOX 127
BOILING SPRINGS
RECEIVED NOV 2 7 2001Ihe Patr1*0tAtXeW5
Now you know
PA 17007
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
ad # 0001780919 ran on the dates shown below:
November 22, 2007
. . . . . . . . . . . ?. !r "WINN+ -? .r8s ~n 4 .i. . . . . . . . .
3v y/to and 7cri d before me this 26 day of November, 2007 A.D.
Notary Public
JaRM Wlal Seed
nrnlal M E*Wm June Z2008
PUBLICATION COPY
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
November 30, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
t:a?larie Coyne, E 'tor
SWORN TO AND SUBSCRIBED before me this
30 day of November, 2007
Notary
NOTARIAL SEAL
DEBORAH A COLLIN:COUNTy
Notary Public
CHUM TORO, CUMBERLANMy COMM" M Expires Apr 0
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas
Cumberland County, Pennsylvania
Civil Action-Law
CASE NO. 07-6720 CIVIL TERM
DARWIN KELL AND DORIS KELL,
Plaintiffs
vs.
KATHLEEN A. DOTOLO,
Defendant
IN EQUITY
NOTICE
TO: KATHLEEN A. DOTOLO
YOU HAVE BEEN SUED. If you
wish to defend, you must enter a
written appearance personally or by
attorney and file your defenses or
objections in writing with the court.
You are warned that if you fail to
do so the case may proceed without
you and a judgment may be entered
against you without further notice for
the relief requested by the plaintiff.
You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS NO-
TICE 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
LAWYER REFERRAL SERVICE
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MARK A. MATEYA, ESQUIRE
Counsel for Plaintiffs
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
Nov. 30
"
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DARWIN KELL AND DORIS KELL, : IN THE COURT OF COMMON PLEAS
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 07-6720
KATHLEEN A. DOTOLO, : CIVIL ACTION - LAW
Defendant : IN EQUITY
MOTION TO MAKE RULE ABSOLUTE
AND NOW comes the Plaintiffs, Darwin Kell and Doris Kell, by and through their
counsel, Mark A. Mateya, Esquire, and in support of the foregoing avers the following:
1. Plaintiffs initiated the action sub judice by filing a motion to serve complaint by way
of publication on November 6, 2007 after attempts failed to contact Defendant by certified mail.
2. Plaintiffs filed the Complaint on November 6, 2007.
3. This Honorable Court granted Plaintiffs permission to serve the Complaint upon the
Defendant by publication.
4. Plaintiffs served the Complaint by publication in the newspaper on November 22,
2007.
5. Plaintiffs served the Complaint by publication in the Cumberland County Law Journal
November 30, 2007.
6. Plaintiffs filed an Affidavit of Service on December 11, 2007, in reference to the
actions taken in the case sub judice and referenced above.
7. Plaintiffs filed a notice of intent to take a default judgment in the Cumberland County
Law Journal on February 14, 2008.
8. Plaintiffs filed a notice of intent to take a default judgment in the newspaper on March
14, 2008.
9. Defendant has not responded in any manner to any of the multiple filings herein.
10. Plaintiffs are contemporaneously herewith filing an Affidavit of Service of the Notice
of Default Judgment.
WHEREFORE, Plaintiffs respectfully request This Honorable Court grant the relief
requested, as spelled out more fully in the accompanying proposed Order and grant Plaintiffs the
title to the 1999 Hyundai, bearing vehicle identification number VIN Number
KMHWF25 S9XA 125920.
Respectfully Submitted,
Mark A. Mateya,
Counsel for Plaintiffs
Supreme Court ID 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099
DATE: 5
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DARWIN KELL AND DORIS KELL,
Plaintiffs
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CASE NO. 07-6720
KATHLEEN A. DOTOLO,
Defendant
: CIVIL ACTION - LAW
: IN EQUITY
AFFIDAVIT OF SERVICE
AND NOW, this 22nd day of Mqy, 2008, comes Mark A. Mateya, Esquire, Attorney for
Plaintiffs, who, being duly sworn according to law, deposes and says that:
1. A Complaint in Equity was filed on November 6, 2007, to the above term and
number.
2. On November 6, 2007, Plaintiffs filed a Motion to Serve Complaint by way of
Publication.
3 On November 13, 2007, an Order was issued granting Plaintiffs leave to serve the
Complaint upon the Defendant by means of advertisement.
4. Plaintiffs filed a Notice of Intent to take a Default Judgment which was advertised
in the Cumberland County Law Journal on February 29, 2008. A copy of the Proof of Publication
is attached hereto as Exhibit "A" and is incorporated herein by reference.
4. On March 14, 2008, the Notice of Intent to take a Default Judgment was published
in the Sentinel newspaper, which is a newspaper of general circulation. A copy of the Proof of
Publication is attached hereto as Exhibit "B" and is incorporated herein by reference.
Respectfully submitted,
Mark A. A??ateyaEs ire
Attorney I.D. No. 78931
Attorney for Plaintiff
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108
(717) 238-7151
ft 0 0
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
February 29, 2008
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Covne/Editor
TO AND SUBSCRIBED before me this
29 day of February, 2008
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE SORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
• •
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas
Cumberland County, Pennsylvania
Civil Action-Law
CASE NO. 07-6720
DARWIN KELL AND DORIS KELL,
Plaintiffs
vs.
KATHLEEN A. DOTOLO,
Defendant
IN EQUITY
IMPORTANT NOTICE
TO: Kathleen A. Dotolo, Defendant
DATE OF NOTICE: February 14,
2008
You are in default because you
have failed to enter a written appear-
ance 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 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 RE-
DUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
32 South Bedford Street
Carlisle PA 17013
(717) 249-3166
AVISO IMPORTANTE
A: Kathleen A. Dotolo, Defendido
FECHA DEL AVISO: February 14,
2008
Usted esta en rebeldia porque ha
fallado de registrar comparencencia
escrita por si mismo o a traves de un
abogado y someter con la corte sus
defensas u objecciones a los cargos
que se han presentado contra usted.
A menos que usted actue dentro de
diez dias de haber recibido este aviso,
la corte puede tomar una decision en
contra suya sin tener derechos a una
vista y usted puede perder su propie-
dad u otros derechos importantes.
USTED DEBE LLEVAR ESTA
DOCUMENTO A SU ABOGADO
INMEDIATEMENTE. SI USTED NO
TIENE UN ABOGADO, LLAME O
VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR
LOS SERVICIOS DE UN ABOGADO,
ES POSIBLE QUE ESTA OFICINA LE
PUEDA PROVEER INFORMACION
SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO
O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
32 South Bedford Street
Carlisle PA 17013
(717) 249-3166
Feb. 29
12
May.22. 2008 2:17PM THE SENTINEL No.7967 P. 1
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Erica Peterson, Advertising Operations Director, of The Sentinel, of the
County and State aforesaid, being duly sworn, deposes and says that
THE SENTINEL, a newspaper of general circulation in the Borough of
Carlisle, County and State aforesaid, was established December 13th, 1881,
since which date THE SENTINEL has been regularly issued in said County,
and that the printed notice or publication attached hereto is exactly the same
as was printed and published in the regular editions and issues of THE SENTINEL
on the following day(s) March 14, 2008,
COPY OF NOTICE OF PUBLICATION
...
'.NOTICE
CELL 'AND pOIiIS *ZLL1 IN THE COURT OF COMMON PLEAS
dntlfl?, CUMBERLAND COUNTY, PENNSYLVANIA'
CAME NO, 07-6720
N A. D07DL0, CIVIL'ACTION LAW
?fandarit ` IN EQUITY .
"IMPORTANT 1!1 I
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Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publication are true,
' 7 r
IE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY t' Tv M'
IN WRITING Y[TH THE COURT-YOUR DEFENSES OR OBJECTIONS TO
?IUSr . nu.: NLESS YOU ACT WITHIN TEN DAYS FROM THE. DATE'OF.
JLD TAKE THtB
tATIO.N ABOUT H
NNOT.AFFORD'T
CATION ABOUT A
ICED FEE OR NO
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!L AVISO: y8,?'
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EN REBELD A ' P 40%6
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O A TRAVES DE UN ABOGAD
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I'Mp0(k.TANT RIGHTS.:..
?LAWYEA gTONCE, IF.YOCI DO NCT HAVE A t.AWYER,'G0 ..!
IRTH„BELOW. THIS OFFICE CAN PROVIDE YOU WITH ')worn to and subscribed before me this
.. :.? "...:,.',
R.
2ndday of May, 2008.
ER 'THIS OFFICE MAY BE A LE TO PROVIDE YOU.WJT}{
MAY OPFER LEGAL BERVI ES TO EL10113LE'PERSONS AT '
I..' kr AYYYER.R, ZPARRAL!$ERVICE y
out Bedford StreeR Notary P4 cc
CdrlCi,l*' PA 1,7019 r '
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t)E REOISTRA$ DO ESCRITA PgI 81
SOMETER CON LA COUTE SUS DEF,ENSAS U O8 IONES,A'.My commission expires:
)O OONTRA USTED:'i? IirIENOS QUE USTED ACTUE DENTRODE
IN TENER DEREC"08,o1UNAVISTA Y USTED PUEDFt„P . DEa?l BU PROPIEDAD U OTR09;DERE-
NPORTANTES. )#?".-t` c> ?I,`r': ;•,,::i COMMONWEALTH OF PENNSYLVANIA
:BE'LLEVAR WA DOCUMENTO A.BU ASOOADO INM,'kDIA?TMENTE; SI LISTED NO TICNc NdA tal Saw
DO;.LLAME 0 VAYA A LA SIGUIENTE OFICINA'.'E$TA OFICINA PUEDE, PROVEERLE Ctxistlna L. Wdte, Notary Publ?
tACION A CEPtCA DE coMO CoNSEGUiR UN AaOQADP: -:.;',.'<,. .: (;ems eo(o, Cmberlarld County
.. .i'...;,.? .i...a'.. ', ,
N; O PUEDE PAGAR Ob LOS.t3ERVIe168 DE UN ASOGADO, ES PO.SISLE CUE ESTA OFICINA MyComrniaslon Expires Sept 1.2008
DA PROVEER INFORMACION SOBRE AGENCIAS OUE OFREZCAN SERVICIOS LEGALES Member, Penneyl?anfe A6RncJatlon Of Notarise
400 O BAJO COSTO A PERSONAS QUE CUALIFICAN.' ' r' .
CUMBERLANO COUNTY LAWYER REFERRAI. SERVICE
.32 South Bedford Street
Carpal*, PA 17019
1717) 240.3188
'r
A 51
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DARWIN KELL AND DORIS KELL, : IN THE COURT OF COMMON PLEAS
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 07-6720
KATHLEEN A. DOTOLO, : CIVIL ACTION - LAW
Defendant : IN EQUITY
AMENDMENT TO
MOTION TO MAKE RULE ABSOLUTE
AND NOW comes the Plaintiffs, Darwin Kell and Doris Kell, by and through their
counsel, Mark A. Mateya, Esquire, and amends the previously filed Motion to Make Rule
Absolute as follows:
1. The Honorable Judge Guido has previously ruled on issues concerning the above-
captioned matter.
WHEREFORE, Plaintiffs respectfully request This Honorable Court grant the relief
requested, as spelled out more fully in the proposed Order previously filed and grant Plaintiffs
the title to the 1999 Hyundai, bearing vehicle identification number VIN Number
KMHWF25S9XA125920.
Respectfully Submitted,
Mark A. Mateya, E
Counsel for Plaintiffs
Supreme Court ID 78931
P.O. BOX 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099
DATE: Jr d?
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MAY S 8 2008
DARWIN KELL AND DORIS KELL, : IN THE COURT OF COMMON PLEAS
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 07-6720
KATHLEEN A. DOTOLO, : CIVIL ACTION - LAW
Defendant : IN EQUITY
ORDER
AND NOW, this 1-tday of , 2008, upon consideration of the
foregoing and after reasonable notice d opportunity for hearing having been provided to all
interested parties, the Court hereby awards ownership of one 1999 Hyundai, bearing vehicle
identification number VIN Number KMHWF25S9XA125920 to Darwin and Doris Kell, and the
right, title and interest of any other person to said vehicle is hereby extinguished. The
Pennsylvania Department of Transportation may accept this Order as evidence of ownership in
lieu of a certificate title. The Petitioner shall submit the appropriate forms, taxes and fees and
comply with any other procedures of the Pennsylvania Department of Transportation in order to
receive the appropriate certificate of title for said vehicle.
J.
IIOVIO.
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