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NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTI-I IN THE FOLLOWING PAGES, YOU
MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS
COMPLAINT AND NOTICE A:~E SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES AND 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 IMPORT ANT
TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF
YOU SHOULD 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 A VENUE
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff by its attorneys, Louis P Vitti and Associates, P,C, and Louis
p, Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through
1150, for its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Plaintiff is a corporation duly authorized to conduct business within the laws
oCthe Commonwealth of Pennsylvania, having a principal place of business located at One ContiPark,
338 S, Warminster Road, Hatboro, PA 19040-3430,
2, The Defendant(s) is/are individuals with a last known mailing address of 42 Blue
Rock Road, Newville, PA 17241. The property address is 173 W. North SIr'eet, Carllsle, PA 17013
and is the subject of this action,
3, On the 26th day of July, 1995, in consideration of a loan of Forty-Two Thousand
and No/100 ($42,000,00) Dollars made by Keystone State Mortgage Corporation, a DE corporation,
to Defendant(s), the said Defendant(s) executed and delivered to Keystone State Mortgage, a DE
corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Keystone
State Mortgage, as mortgagee, which mortgage was recorded on the I st day of August, 1995, in the
Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1274. page 732,
The said mortgage is incorporated herein by reference thereto as though the same were set forth fully
at length,
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The supporting affidavit retlects that Plaintiff mailed the required notices to the property
address, which Defendant admits to be her residence, Answer. Paragraph 2, Significantly,
Defendam does not aver having notified Plaillliff of an address change, As a result., Plaintiff has
complied with all notice requiremellls by sending the same to the property address, Furthermore,
actual receipt of the notices is not required, only proper mailing, Second Fed, Sav, and.l&;w
Ass'n v Brennan, 409 Pa, Super,Ct. 581. 598 A,2d 997,1000 (1991),
In addition, Defendant avers that the Complaint has not been properly verified, Such
matters of form. however, may be raised only by the filing of Preliminary Objections and are
waived by the filing of an answer, first Wisconssin Tmst C&.... V, Strausser, 439 Pa, Super, Ct,
192, 653 A.2d 688, (1995); 2B Anderson Penru.ylvania Civil Practice ~1O:l2 at llJ.123 , It
follows the Defendant's response to Paragraph 8 of the Complaint docs not set forth a viable
defense to th~ instant action.
The record clearly reflects Plaintiff's strict compliance with the notice requirements of the
mortgage and Act 91 prior to the institution of the installl action. It follows that Defendant has
raised no issue in defense to the instant action in mortgage foreclosure based upon any snch notice
requirement.
Defendant's denials of the matters averred in the Complaint are in~ufficiellt to franle a bona
fide issue of material fact, since the Plaintiff bas come forward with an Affidavit in support of its
averments, A prima g showing by the party seeking summary judgment, Le" the production
of enough evidence to demonstrate such party's entitlement to a judgment if the evidence were
uncontroverted at trial, shifts the burden of producing evidence to the party opposing the motion,
4
In such circumstances, summary judgment should be granted to the moving party unless the
opposing party offers competent evidence admissible at trial showing that there is a genuine issue
of male rial fact, Community Medical Services, Inc, v, Local 2665, 292 Pa. Super, Ct. 238.437
A,2d 23 (1981), Sununary judgment is properly granted where the pleadings, depositions,
answers to interrogatories aud admissions on file show that there is no genuine issue of material
fact and the moving party is entitled to judgment as a matter of law, Williams v, PillFim Life
Insurance CQ." 306 Pa, Super, Ct. 170,452 A,2d 269 (1982); Gabovitz v, State Farm..Au1o
Insurance AsS1l~tiun, 362 Pa, Super, Cl. 17, 523 A,2d 403 (1987); Hedlund ManufaclUrini-C.o..
y, Weiser, Stapler and Spivak, 517 Pa, 'i22. 539 A,2d 357 (1988); Pa, R,C,P, No, 1035(b).
In order to avoid the entry of Summary Judgment against him, Defendant may not rest
upon the averments contained in his pleading, but must show, by depositions. answers to
interrogatories, admissions or affidavits, that there is a genuine issue for trial. This Court must
ignore controverted facts contained in the pleadings and restrict its review to material filed in
support of and in opposition to the in.~tant Motion for Summary Judgment and to those allegations
in the pleadings that are uncontroverted, Washinl1lOn Federal Savinl1s and LoaD Association v,
~. 357 Pa, Super, Ct. 286, 515 A,2d 980 (1986),
IV. CONCLUSION
For the reasons hereinabove set forth, it is respectfully submitted that there is no genuine
issue of material fact which is raised by the pleadings or the balance of the record in this case,
5
4, A true and correct copy of the loan payment history for the mortgage account of Linda
Martin and Joseph Martin. including the period from August 30, 1997 to date, is attached hereto,
made a part hereof and collectively called Exhibit" A", The same reflects receipts posted to said
account and dishursements from said account for the same period, Each transaction was recorded
electronically by means of data processing entries which were made in the regular course of
business at or near the time of each tJ'Hnsaction hy the employees of ContiMortgage Corporation
who are responsible for receipts and disbursements from individual mortgage accounts, The data
is displayed in thc form of a payment history hy virtue of an electronic data processing program
applicable to mortgage accounts in general,
5, [have personally reviewed the documents in our records relating to the mortgage
account of Linda Martin and Joseph Martin which were prepared in the regular cOllrse of business
by the employees of ContiMortgage Corporation responsible for the servicing of the variolls
mortgage accounts, and I am personally familiar with the contents of our file relating to the
aforementioned mortgage account.
6, At no time since August 30. 1997 have the mortgagors tendered money sufficient to
satisfy all arrearages and reinstate their account to a current status,
7, True and correct copies of the notices of intention to foreclose dated November 5,
1997, which were mailed to each mortgagor by certified mail directed to the property address on
that date. are attached hereto, made a part hereof and collectively called Exhibit" B",
8, True and correct copies of the Notices of I-Iomeowners' Emergency Mortgage
Assistance Program dated Novemher 5, 1997, which were mailed to each mortgagor by regular
mail directed to the property address on that date. arc attached hereto, made a part hereof and
collectively called Exhibit "C",
~5N~6~0~~~AC ~ORPOR.rION
~ORSH.M p,( ~ ",.~
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NOV.MOEl S. ."1
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REI m'wIM~n\T CARLISLE p. nOB
~O[lCE_OE_lutElrIOU_IO.eOaECLOSUaE_MOR1GAGE
The M,rtgeg. .eld by ContIMortgHeolher..fter we. u. or ours I IS IN SERIOUS
OEHUL~ .. ~ r~,ult of your f.llure ~o >oy vollr .ortg.ge povments for the
monthll 8-3 -, ..-----~---.--.--.-43. ''']
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tat. c'UgU ha.fa ijlso ac,rued to th . date, Th. total .mount "OW requIred
to Ci,lr'8 t"'9 de .un or, In'othlH words. 2ct c.ught up 'n your payments.
~~.J~~~lih.~~f~t. of thl. etter, I' .et fl!r,~~D~8:owl '
, V.NCE I .50
SS P4. TI AL ?VHENT ~ECEIVED I .00
r.L 1.,S~~.30
You ~ov cure thIs d.fault .Ithln THIRTY (l0) OAYS of the date of thIS
letiel" bY paylng to u. the ,mount of 11,5"']0. olu. ~ny
odd tlo~.' uonthlv pavment, and late ~h.rqe which m'v 'all due during this
per ad. Such PHlI\Ont. must. be ude ~'n'er bv cO'OIer's Check, certified
check or nonflY ordtlr. and ",ade p!yab h tOl
CJNTI~O~rG.GE CORPO~.T10II P.O. BlX ~'7 HORS/IAM, p, .'044
If you do not cure the de'ault .Ithln t.e TllIRTV DOl DAYS, .. Intend to
oJC.erclse our'rlght to 9ccelhrfte the mortgaga payments. This leans that
whllt~~er Is 0" "q on the Qrlq nil amOunt 5orrowect will bClcQns dered dUe
'm",edTato V and you mav '"eJhe chance to payoff the or gin. mortgage In
"'Qnthly Install..nt,. If rul payment of the amount of default IS not mlde
., thin THI RTYf(30'10AVS, .e a .0 Intend tu In.tru~t our attornevs to start
, law,ul t to orec ose vour I1Iortga ged PI',perty, If the "",rtggge I.
roreclo,ed. your mortgaged property wi II he .0 d hV the sherlrf to pay of'
the mortqage deDt. ~
If .e refer vour c..e to our attornevs, Ollt VOU cure the default he'ore
they begin' loral procHdlng. ag.lnH vou, VOU wlll.tlll ha.e to pay th,
re"Qnable at orney's ree., Qctua/I, In<urr'ed, u~ 10 $SO.oo. ~oweYer, I'
lega, pr/ceed ng. are Haned e9r nst you, you "II he",e to pav the
re8sol101) e attorney' 5 fess eVen f they ,Ue oW'er S 0.00. Any Ittorney's
h.. .,1 b~ Idded to whate.er ~ou owo "', rhl~h oay a"o 'n~lude our
roefo~ab . fo"l If you cur, t e default. thin the thirty nO) day
per ad, you wl1 not be requ re to pay ..ttornfl:Y fl!es.
W. moV .1.0 ,uo personally ror, tho unpllot prlnel.a' bal.nce and all other
sums due under, the mortgage.
If VOU havo not cured the default within thlrtv DOl dav period and
foreclo.uro proceedings haye begun. VOU .tl 1 I hl.e the right to cure the
defaylt end .r.vont tne ,ale at' anv time up to on, (~I hour before tho
Sherlff"s foreClOsure sale. You m.y do so by payJng the total amount of
the un.ald Mnthly p,vmonts plus a~v late .r othor charges thlon due. ..
...'1 " the r.,sonah e attornev" re.. and clstl connected w th the
For.c o.ur, sa 0 I and Qerform any other regu rernents under tho lIlortgagel.
· not ce or the date of the 5hor rr sale .rl be sent to YQY berore tn.
$alo. Of coul"" the ...ou~\ needed to <""lthe def.ult w II Inct..s~ the
I anqor VOu ~a t. You mfV t M Ollt .t on, t me OKect Iv ~h.t jho regu red
payment ,,'ll he by call "9 u, at the fol ~w ng numbor I (\68 6~O-3~~ .
T~ , .avunt nust be In cUhler's ChecK. cOlrtlfled ch.c or money or .r and
made payable to us at the address stated abQYo.
You ,.ould r.oll.. that a Sher,lff'. sale .ill end vour owne"hlp of the
m.rta.god pro.ert~ and vour right to r.m~I" In It 1 rf vou contlnue to 11..
,,,. the pr:lparty .fter the SherTff' 5 sale. ~ awsu t could start to evict
you.
~Stl ~:~J '~SI~I~~r'Tb'~~C~ I~Eh~~&p~~~~Of~ ~~y~l~nA~N~~tT~np~Q.9S~of~~ty.
S~~T~~ls g~~t~ O~ahR ~~~Ra~v~O~~E ~1~~yA~~T~~~LL~~OT~AN~~E~IT~UJ pNOPER~~V
S E r 't M VilA TO aUYER R TR.NSF~RE WHO IL A 5 ME ME '
Mg~~G~ E g~8~~ p vlg~8 ~H.~ .I.L TH~ ogISTAN8lNa PbY~~NI~~ ~H RgF.~ .~O
~.t~E~ lQU 1~~'1JNt~DuNm T~~EMbmAb'~1 ARE r~AfIS~rEO~. S~kNfAUNUS ~~ TME
E M NE bE' WMAT CUM rANCES THIS IGH M ~HT ~. YUMA H
~ H~ ~O H~~E filS OEH5u ,UREO av AMY elllR plm m NG ON YOUR nHIL~.
If you oure th~ default. th~ mor,tgage will be r..tored to the same position
as 'f ., derault has oct.ured, Howe..r, yoU are not ontljled to thIs r ght
to cure '(:lur default more th~t three 'j) tiTles In ..ny ca endar year.
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COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the PlaintilTby its attorneys, Louis p, Vitti and Associates, p,c. and Louis
p, Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through
1150, for its Complaint in Mortgage Foreclosure, sets forth the following:
1, The Plaintiff iE a corporation duly authorized to conduct business within the laws
of the Commonwealth of Pennsylvania. having a principal place of business located at One ContiPark,
338 S, Warminster Road, Hatboro, PA 19040-3430,
2, The Defelldant(s) is/are individuals with a last known mailing address of 42 Blue
Rock Road, Ne\WilIe, PA 17241. The property address is 173 W. North Street, Carlisle, PA 17013
and is the subject of this action,
3, On the 26th day of July, 1995, in consideration of a loan of Forty- Two Thousand
and No/I 00 ($42,000,00) Dollars made by Keystone State Mortgage Corporation, a DE corporation,
to Defendant(s), the said Defendant(s) executed and delivered to Keystone State MOl1gage, a DE
corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Keystone
State Mortgage, as mortgagee, which mortgage was recorded on the I st day of August, 1995, ill the
Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1274, page 732,
The said mortgage is incorporated herein by reference thereto as though the same were set forth fully
at length,
",;....
CQMPLAINT IN MORTGAGE FORECLOSURE
AND NOW. comes the Plaintiff by its attorneys, Louis P Vitti and Associates, P,C, and Louis
p, Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through
1150, for its Complaint in Mortgage Foreclosure, sets forth the following:
1, The Plaintiff i: a corporation duly authorized to conduct business within the laws
of the Commonwealth of Penn sylva Ilia, having a principal place of business located at One ContiPark,
338 S, Warminster Road, Hatboro, PA 19040-3430
2, The Defenc1ant(s) is/are individuals with a last known mailing address of 42 Blue
Rock Road. Newville, PA 17241. The property address is 173 W. North Street, Carlisle, PA 17013
and is the subject of this action,
3, On the 26th day of July, 1995, in consideration of a loan of Forty-Two Thousand
and No/I00 ($42,000,00) Dollars made by Keystone State Mortgage Corporation, a DE corporation,
to Defendant(s), the said Defendant(s) executed and delivered to Keystone State Mortgage, a DE
corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Keystone
State Mortgage, as mortgagee, which mortgage was recorded on the 1st day of August, 1995, in the
Office of the Re~order of Deeds of Cumberland County, in Mortgage Book Volume 1274, page 732,
The said mortgage is incorporated herein by reference thereto as though the same were set forth fully
at length,
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CQMPLAINLIN MORIQAG:E_EQ.liliU.QS1lB.E
AND NOW, comes the Plaintiff by its attomeys, Louis P Vitti and Associates, P,C, and Louis
p, Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through
1150, for its Complaint in Mortgage Foreclosure, sets forth the following
1, The Plaintiff i~ a corporation duly authorized to conduct business within the laws
ofthe Conunonwealth of Pennsylvania, having a principal place of business located at One ContiPark,
338 S, Warminster Road, Hatboro, PA 19040-3430,
2, The Defendant(s) is/are individuals with a last known mailing address of 42 Blue
Rock Road, Newville, PA 17241 The property address is 173 W. North Street, Carlisle, PA 17013
and is the subject of this action,
3, On the 26th day of July, 1995, in consideration of a loan of Forty-Two Thousand
and No/IOO ($42,000,00) Dollars made by Keystone State Mortgage Corporation, a DE corporation,
to Defendant(s). the said Defendant(s) executed and delivered to Keystone State Mortgage, a DE
corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Keystone
State Mortgage, as mortgagee, which mortgage was recorded on the 1 st day of August, 1995, in the
Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1274, page 732,
The said mortgage is incorporated herein by reference thereto as though the same were set forth fully
at length,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Civil Division
CONTI MORTGAGE CORPORATION,
Assignee of KEYSTONE STATE
MORTGAGE CORPORATION,
Plaintiff
No. 98 - 894
v,
CIVIL ACTION
LINDA MARTIN, Single, and
JOSEPH MA,RTIN, Single,
Defendant
Mortgage Foreclosure
ANSWER
Defendant l,INDA MARTIN, pro se, files her AnBwer to Plaintiff I s
Complaint as follows:
1.
Admitted.
2.
Admi t ted as to Linda Martin. Defendant does
not address Defendant Joseph Martin except to deny specifically that
Joseph Martin resides with her.
3. Admitted,
4. Admitted.
5. Admit ted.
6. Admitted.
7. Admitted,
8, Denied, It is specifically denied Linda
Martin ever was advised in writing of the mortgagee's intention to
foreclose. Further, Defendant notes that Plaintiff's Complaint is
defective as to verification of facts, including the fact of notice,
inasmuch as the verification is by counsel and the signature of
Plaintiff could have been obtained within any time limitation to be
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It is further Ordered that this amount may be increased due
to additional disbursements by the plaintiff for the payment of
taxes, assessments, maintenance charges, insurance premiums or
costs incurred for the protection of the mortgaged premises or
the lien of the mortgage, or expenses incurred by the plaintiff
by reason of the default under the mortgage, including attorney's
fees, by petition with notice to all parties,
E, Guido, J,
Louis P. Vitti, Esquire
For the plaintiff
Linda Martin, Pro Se
Joseph Martin, Pro Se
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NO. 98-0894 CIVIL TFRM
STATEMENT OF FACTq
The record in this matter consists of the Complaint, the
answer of Defendant Linda Martin, Plaintiff's Motion for summary
Judgment arid an affidavit of an employee of plaintiff who is
custodian of its records relating to mortgages,
In her answer, Defendant Linda Martin admitted all of the
allegations of the Complaint except for paragraph 8 which
alleged:
8, In accordance with the appropriate Pennsylvania
Acts of Assembly and the Pennsylvania Rules of Civil
procedure, the mortgagor(s) has been advised in writing
of the mortgagee's intention to foreclose, The
appropriate time period has elapsed since the Notice of
Intention to Foreclose has been served upon the
mortgagor (s) ,
The Defendant's Answer responded to paragraph 8 of the Complaint
as follows:
8, Denied, It is specifically denied Linda Martin
ever was advised in writing of the mortgagee's
intention to foreclose, Further, Defendant notes that
plaintiff's Complaint is defective as to verification
of facts, including the fact of notice, inasmuch as the
verification is by counsel and the signature of
plaintiff could have been obtained within any time
limitation to be imposed on the filing of the
Complaint,
Plaintiff's affidavit in sllpport of its Motion for summary
Judgment included averments that notice of intention to foreclose
as well as the "Act 91" Notice' were mailed to the Defendants as
required on November 5, 1997.
'35 P,S,~ 168Q,403c,
2
',;,--.
NO, 98-0894 CIVn 'rERM
DISCUSSION
Pennsylvania Rule of Civil Procedure 1035,2 provides that a
party may move for BUmmary jUdgment as a matter of law .whenever
there is no genuine issue of any material fact as to a necessary
element of the cause of action",. .', Pennsylvania Rule of Civil
Procedure 1035,3(a) requires the adverse party to file a response
to the summary jUdgment motion within thirty days after service.'
Summary jUdgment may be entered against a party who does not
respond, "
Defendant Linda M~rtin admitted all of the allegations in
the Complaint, except paragraph eight (8), She raised only two
issues in her answer, i.e"
1) The Complaint was not properly verified; and
--
2) She was not advised in writing of the mortgagee's
'Pa.R.C,p, 1035,2 (1)
'Pa.R,C,p, 1035,3(a) provide as follows:
(a) The adverse party may not rest upon the mere
allegations or denials of the pleadings but must file a
response within thirty days after service of the motion
ident i fying
(1) one or more issues of fact arising from evidence in
the record controverting the evidence cited in sUpport
of the motion or from a challenge to the credibility of
one or more witnesses testifying in support of the
motion, or
(2) evidence in the record establishing the facts
essential to the cause of action or defense which the
motion cites as not having been produced.
'pa,R.c,p.1035,3(d),
3
.
,~
NO, 98-0894 CIvn, TrmM
required by law. In addition, true and correct copies of the
notices were attached to the affidavit, In WaFJhinqton Federal
$avinqs & Loan ASSQc, v, Stein, 357 pa.Super. 286, 515 A,2d 980
(1986) the court held:
lP] artieFI seeking to avoid the entry of summary
judgment against. them may not rest upon the averments
contained in their pleadings. On the contrary, they
are required to shoW, by depositions, answers to
interrogatodes, admissions or affidavits, that there
is a genuine issue for trial, The court, in ruling on
a motion for summary judgment, must ignore controverted
facts contained in the pleadings. The court must
restrict its review to the material ~uthorized by Rule
1035 to be filed in support of and in opposition to the
motion for summary judgloent and only those allegations
in the pleadings that are uncontroverted,
19., at 289 515 A.2d 980 at 981 (citations omitted).
Applying the above rationale to the case befol'e us, we are
compelled to grant plaintiff's Motion for summary Judgment.
Therefore, we will enter judgment in mortgage foreclosure in
favor of plaintiff and against Defendant Linda Martin in the
amount of $49,871,15 as of February 28, 1998."
QRDER OF COURT
AND NOW, this 16TH day of JUNE, 1999, in consideration of
plaintiff's Motion for summary Judgment and after argument
thereon, it is hereby Ordered, Adjudged and Decreed that said
"paragraph 9 of the complaint alleges and paragraph 9 of the
Answer acknowledges that $49,871,15 was due on the mortgage as of
February 28, 1998, including unpaid interest and expenses, It is
also alleged and acknowledged that additional interest and
expenses have continued to accrue,
5
NO. 98-0894 CIVIL TERM
Motion is granted and judgment in mortgage foreclosure is hereby
entered for the plaintiff and against Defendant Linda Martin for
the amount due on the mortgage as of February 28, 1998 itemized
as follows:
Unpaid principal balance $41,646,93
Interest, 7/30/97 through 2/28/98 at 11.95% 2,904 j 27
unpaid late charges 255.16
Escrow deficit 2,982.44
Attorney's fee at 5% 2,082.35
'I'OTAL DUE $49,871,15
It is further Ordered that this amount may be increased due
to additional disbursements by the plaintiff for the payment of
taxes, assessments, maintenance charges, insurance premiums or
costs incurred for the protection of the mortgaged premises or
the lien of the mortgage, or expenses incurred by the plaintiff
by reason of the default under the mortgage, including attorney's
fees, by petition with notice to all parties,
By the Court,
il!.LJi:dward E. Guidg,
Edward E, Guido, J,
Louis P. vitti, Esquire
Linda Martin, pro Be
Joseph Martin, Pro Be
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NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
RULE OF CIVIL PROCBDURE 3129.1
1'0 I LINDA MARTIN
JOSEPH MARTIN
42 BLUE ROCK ROAD
NEWVILLE, PA 17241
AND, ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued
out of the Court of Common Pleas of Cumberland County, Pennsylvania and
to the Sheriff of Cumberland County, directed, there will be exposed to
Public Sale in the Cumberland County Courthouse, Carlisle, PA on
Decmeber 8, 1999 at 10100 AM the following described real estate, of
which Linda & Joseph Martin are owners or reputed owners,
4th Wd., Carlisle Boro, Cumberland Cty" PA, HET a dwg, k/a 173 W,N,
St., Carlisle, PA 17013, PIN 05-20-1798-118,
The said wri t of Execution has issued on a :i udgment in the
mortgage foreclosure action of ContiMortgage, et al. v. Linda & Joseph
Martin at No, 98-894 in the amount of $49,871.15,
Claims against property must be filed at the Office of the Sheriff
before above sale date.
Claims to proceeds must ve made with the Office of the SheriEf
before the sale date.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the Office
of the Sheriff,
Attached hereto is a copy of the Writ of Execution, It has been
issued because there is a judgment against you. It may cause your
property to be held or taken to pay the judgment, You may have legal
rights to prevent your property from being taken, A lawyer can advise
you more specifically of these rights. If you wish to exercise your
rights you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCB. 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 ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
,
You may have legal rights to prevent the Sheriff's Sale and the
loss of your property. In order to exercise those rights, prompt
action on your part is necessary, A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriff's Sale by
filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not .file with the
Court any defense or objection you might have within twenty (20) days
after service of the Complaint for Mortgage Foreclosure and Notice to
Defend, you may have the right to have the judgment opened in you
promptly file a petition with the Court alleging a valid defense and a
reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriff's Sale would ordinarily be delayed
pending a trial of the issue of whether the Plaintiff has a valid claim
to foreclose the Mortgage,
You may also have the right to have the judgment stricken if the
Sheriff has not made a valid return of service of the Complaint and
Notice to Defend or if the judgment was entered before twenty (20) days
after service or in certain other events, To exercise this right, you
would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay
the execution and the Sheriff's Sale if you can show a defect in the
Writ of Execution or service or demonstrate any other legal or
equitable right,
You may also have the right to have the Sheriff's Sale set aside
if the property is sold for a grossly inadequate price or if ther.e are
defects in the Sheriff's Sale. To exercise this right, you should file
a petition with the Court after the sale and before the Sheriff has
delivered his Deed to the property. The Sheriff will deliver the Deed
if no petition to set aside the sale is filed within ten (10) days from
the date when the Schedule of Distribution is filed in the Office of
the Sheriff.
A~()jjlf
Louis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
pittsburgh, PA 15219
(412) 281.,1725
**THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. * *
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONTI MORTGAGE CORPORATION,
Assignee of KEYSTONE STATE
MORTGAGE CORPORATION,
CIVIL DIVISION
NO, 98-894
Plaintiff,
AFFIDA VIT OF SERVICE
VS.
Code
LINDA MARTIN, single and JOSEPH
MARTIN, single,
Filed on behalf of
Plaintiff
Defendants,
Counsel of record for this
party:
Louis p, Vitti, Esquire
PA LD #3810
Supreme Court #01072
Louis p, Vitti & Assoc, , p,c.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
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Conti mortgage Corporation Assignee
Of Keystone State Mortgagt: Corporation
-vs.
Linda Martin and Joseph Martin
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No, 98.894 Civil Term
Richard E, Smith Deputy Shcirff, who being duly sworn according to law, says on
September 30, 1999 at 8:25 o'clock A.M, EDST, he posted a copy of real Estate Writ
Notice Postel' and Description in the above entitled action on the pl'Opel1y of Linda
Martin and Joseph Martin located at 173 West North Street, Carlisle, Cumberland
County, Pennsylvania according t 0 law,
Christopher Evans, Deputy Sheriff, who being duly sworn according to law, says on
October 6, 1999 at 12:47 o'clock P,M, EDSDT, he served.t true copy of Real Estate Writ
Notice Poster and Description in the above entitled action upon one of the withinnamed
defendants to wit: Linda Martin, by making known unto Linda Martin at 42 Blue Rock
Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time
handing to her personally the said true and attested copies of the same,
R, Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Linda Martin by first class mail to her last known address 42 Blue
Rock, Road, Newville, Pennsylvania, This letter was mailed under the date of October 7,
1999 and never ret~lrned to ~h~ Sherifl~ s Office, il.... < ~, b", , J q '/ 'I
R, Thomas Kline, Shenft, who belllg duly;worn accordll1g to law, says after due and
legal notice had been given according to law, exposed the above described premises at
public venue or outcry at Court HOllse, Carlisle Cumberland County, Pennsylvania, at
10:00 A,M, EST and sold the same to Attorney Kathy Hersch for Contimortgage
Corporation for the sum of $ 1,00, It being the highest bid and best price received for the
same Conti mortgage Mortgage Corporation of 338 S, Warminister, I-Iatboro, Pa being the
buyer in this execution paid to R, Thomas Kline the sum 01'$ $ 569,52 it being costs,
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
30,00
11.17
15,00
15.00
30,00
10,00
.50
1.00
9,92
6,80
15,00
24,00
147.50
178.50
23.63
,
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
RULE OF CIVIL PROCEDURE 3129.1
TO I l.INDA MAR'I'IN
JOSEPH MARTIN
42 BLUE ROCK ROAD
NEWVIl.l.E, PA 17241
AND, Al.L l.IEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued
out of the Court of Common pleas of Cumberland County, Pennsylvania and
to the Sheriff of Cumberland County, directed, there will be exposed to
Public Sale in the Cumberland County Courthouse, Carlisle, PA on
Decmeber 8, 1999 at 10.00 AM the following described real estate, of
which Linda & Joseph Martin are owners or reputed owners,
4th ~ld., Carlisle Boro, Cumberland Cty" PA, HET a dwg, k/a 173 W.N,
St., Carlisle, PA 17013, PIN 05..20-1798-118.
The said Writ of Execution has issued on a judgment in the
mortgage foreclosure action of ContiMortgage, et aI, v. l.inda & Joseph
Martin at No, 98-894 in the amount of $49,871,15.
Claims against property must be filed at the Office of the Sheriff
before above sale date.
Claims to proceeds ",LIst be made with the Office of the Sheriff
before the sale date,
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the Office
of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been
issued because there is a judgment against you, It may cause your
property to be held or taken to pay the judgment. You may have legal
rights to prevent your property from being taken. A lawyer can advise
you more specifically of these rights. If you wish to exercise your
rights you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
,
You may have legal rights to prevent the Sheriff's Sale and the
loss of your property, In order to exercise those rights, prompt
action on your part is necessary. A lawyer may be able to help you,
You may have the right to prevent or delay the Sheriff's Sale by
filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or objection you might have within twenty (20) days
after service of the Complaint for Mortgage Foreclosut'e and Notice to
Defend, you may have the right to have the judgment opened in you
promptly file a petition with the Court alleging a valid defense and a
reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriff I s Sale would ordinarily be delayed
pending a trial of the issue of whether the Plaintiff has a valid claim
to foreclose the Mortgage,
You may also have the right to have the judgment stricken if the
Sheriff has not made a valid return of service of the Complaint and
Notice to Defend or if the judgment was entered before twenty (20) days
after service or in certain other events. To exercise this right, you
would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay
the execution and the Sheriff's Sale if you can show a defect in the
Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriff's Sale set aside
if the property is sold for a grossly inadequate price or if there are
defects in the Sheriff's Sale. To exercise this right, you should file
a petition with the Court after the sale and before the Sheriff has
delivered his Deed to the property, The Sheriff will deliver the Deed
if no petition to set aside the sale is filed within ten (10) days from
the date when the Schedule of Distribution is filed in the Office of
the Sheriff.
;{~o/arr
Louis p, Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
pittsburgh, PA 15219
(412) 281-1725
**THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE,**
;
,..'.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
RULE OF CIVIL PROCEDURE 3129.1
TO,
LINDA MARTIN
JOSgPH MARTIN
42 BLUE ROCK ROAD
NEWVILLE, PA 17241
AND, ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued
out of the Court of Common Pleas of Cumberland County, Pennsylvania and
to the Sheriff of Cumberland County, directed, there will be exposed to
Public Sale in the Cumberland County CouI'thouse, Carlisle, PA on
Decmeber 8, 1999 at 10,00 AM the following described real estate, of
which Linda & Joseph Martin are owners or reputed owners,
4th Wd., Carlisle Bora, Cumbedand Cty" PA, HET a dwg, k/a 173 W,N,
St" Carlisle, PA 17013, PIN 05-20-1798-118,
The said Writ of Execution has issued on c. judgment in the
mortgage foreclosure action of ContiMortgage, et aI, v, Linda & Joseph
Martin at No, 98-894 in the amount of $49,871,15.
Claims against property must be filed at the Office of the Sheriff
before above sale date,
Claims to proceeds must be made with the Office of the Sheriff
before the sale date.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribut,ion is filed in the Office
of the Sheriff,
Attached hereto is a copy of the Writ of Execution. It has been
issued because there is a judgment against you. It may cause your
property to be held or taken to pay the judgment, You nlay have legal
rights to prevent your property from being taken. A lawyeI' can advise
you more specifically of these rights. If you wish to exercise your
rights you must act promptly.
YOU SHOULD TAXE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. Ilr YOU DO NOT HAVE A LAWYll:R OR CAN'NO'l' AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717,.249-3166
You may have legal rights to prevent the Sheriff's Sale and the
loss of your property. in order to exercise those rights, prompt
action on your part is necessary. A lawyer may be able to help you,
You may have the right to prevent or delay the Sheriff's Sale by
filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution,
If the judgment was entered because you did not file with the
Court any defense or objection you might have within twenty (20) days
after service of the Complaint for Mortgage [o'oreclosure and Notice to
Defend, you may have the right to have the jud~nent opened in you
promptly file a petition with the Court alleging a valid defense and a
reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriff's Sale would ordinarily be delayed
pending a trial of the issue of whether the Plaintiff has a valid claim
to foreclose the Mortgage,
You may also have the right to have the judgment stricken if the
Sheriff has not made a valid return of ser?icp- of the Complaint and
Notice to Defend or if the jLld~nent was entered befor'e twenty (20) days
after service or in certain other events, To exercise this right, YOLl
would have to file a petition to strike the judgment,
You may also have the right to petition the Court to stay or delay
the execution and the Sheriff's Sale if you can show a defect in the
Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriff's Sale set aside
if the property is sold for a grossly inadequate price or if there are
defects in the Sheriff's Sale. To exercise this right, you should file
a petition with the Court after the sale and before the Sheriff has
delivered his Deed to the property, The Sheriff will deliver the Deed
if no petition to set aside the sale is filed within ten (10) days from
the date when the Schedule of Distribution is filed in the Office of
the Sheriff,
_ /;n~() AJ1!
Louis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
**THE DBBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE,**
WRIT OF EXECUTION and/or Al'TACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO, ___~,B-89~_ CIVIL 19 --...-
COUNTY OF CUMBERLAND) CIVIL ACTION. LAW
TO 'THE SHEf1IFF OF CUMlJlmL^ND COUNTY:
, d Cuntimurtgag~ Corporation,
To sa\lsfy tho debt, Inleresl an cosls duo __ ._.__,_,.,...__...___u,.._____'
K~ystun~ stat~ Mortgag~ Curporation
assign~~ of
trom Linda_ Martif),Si_n\]l", and
--__un ,., ,_. ___
_____..,______________.' .__PLAINTiFF(S)
J os "'_ptl_~at:,!_!.r.l2___~J:.n5l~:'.!.__42.Y.~ u~ .. Roc_~_ Rd .~.,___
N~wvill", P^ 17241,
-..-- ._-_.._-~-~._.._------_..,-_._...,._--
...__, _ ,__ _ ._________. .._.__,___,____~__.._,_._______DEFENDANT(S)
R",al ",stat", locat~d
(1) You are directed to levy upon the property 01 the defendant(s) and to sell -----.-
at 173 W, North St" Car1:Lsl", P^ 17013. (s",~ attach~d l~gal
d~scription. )
.. _______.__._..~__._.__ __.,n'." .._____~__.,_.__
~._........_. _______.___.______..___~.______...__...~._.__..._.___n_______._____...____
(2) You are also directed to allach the property of the defendant(s) not levied upon In the possession of
_____._______._.___.__...______.____.________.....__.u__..___..__.._~_____.._
._~---_.._-_..-. ....-._.-_.... ..---------...---. .-----_..----_.~-~-_._-
_.~~._-----~-_._~...__._-~-_..-- -.---.-
,.,___,. ___~....__~__.__~_____GARNISHEE(S) as tollows:
-.-.-------------------..-.--..--.----.. -....._---~- -..-..-
and to notny the garnlshee(s) that: (a) an nltachmenthas been Issued: (b) Ihe garnlshee(s) Is/are enjoined from paying any
debt to or for the account 01 the defendant(s) and trom delivering any property of the defendant(s) or otherwise disposing
thereof:
(3) If propertyollhe detendant(s) not levied upon an subject to attachment Is tound In the possession 01 anyoneotl1er
than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above
stated,
Amount Due $ 4 9 , 87 1 . 15
Interest ~!jli..1!3?~11~~1~1~~~i:~3i,~~'
AllY'S Comrn .-__._____,._..__.-_ % ___..,______..'__..__'
All Paid $139.54
y ----,----------,-----'------ ..__..-,-,--
Plaintiff Paid
LL
$,50
......-.._--".__._--_._.__...__...__.-~~----~
$1. 00
Due Profhy _______'
Other Costs
___ ___~.___._n___~____ ______..
Date:
.."' ._...-.-~_.._. ,._---~.~~------.....;..-..._-----_.._..._..
August 13, 1999
CURTIS R, LONG
REQUESTING PARTY:
Name ~_~_~_is~~_~i~~_r,:sq~ir(;l __
916 Fifth ^v~, --- -----
Address: _______,.
Pittsburgh PA 17219-------
Allorne lor~-- ----pTal"ntTff--....-- .-,------.-
y --..- ...,-------,---",
Tele hone: (412) 281-1725
P _..... ,,_,_______ -,--".-,--------.--
Supreme GOllrt 10 No, 0 1072
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On ~'1";,1~ I' 99 the sheriff levied upon the defendants
Interest In the real property situated in Cl...4.a ~.r
Cumberland County, Pa" known and numbered as:} 7.1' ~<k4)//~
Cl... L 4- and more fully described on Exhibit" A" tiled with
this writ and by this reference Incorporated herein.
Dale: J1.'fr-/ /( (19. BY~d~~
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Ret No,581, Rooroned MaU 16. 1929
Commonwealth of Pennsylvania, County 01 Dsuphln} ..
Michael Morrow 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 lhe 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 publicalion whicrl is securely allached herelo is exactly as printed and published in
their regular dally and/or Sunday and Melro editions/issues which appeared on the 26111 day of October and the 2nd
and 9th day(s) of November 1999, That neither he nor said Company is Interested In the subject mailer of said
printed notice or advertising, and that all of Ihe allegations of this statement as to the lime, place and character of
publication are true; and
That he has personal knowledge of Ihe facts aforesaid and Is duly authorized and empowered to verify this
statement on behalf of The Palriot.News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors O,~' the said Company and subsequently duly recorded in
the office for the Recording of Deeds In and for said counIY.~' D uphin" In Miscellaneous Book "M",
Volume 14, Page 317, I l ~ If\ J(Ml ^
PUBLICATION --VlJ'l VVV V \ '
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SA L E #31 [fIOI"''''S''''1 1'_ ,'/ (..;. {]/t/~', .
Irjr,y',. HI.IS'H,II, Nc. 'HI,Y Pilbll' , NOTARY PUBLIC
_1l:~!II'1l)tlrq. (li1llptlifl COli"'" _
My C'JIf\IIlI:','on l:)ltllf\h ;1\111(1 G, 2'.102
..a. __, _,___,__------Mv-n mission expires June 6 2002
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WrIt NCI, IIHM ' ,
Civil, Tllnn
CollI,.
CUMBERlAND COUNTY SHERIFFS OFFICE
COURTH:JUSE
CARLISLE, PA, 17013
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Statement of AdverlllllnQ Costs
To THE PATRIOT-NEWS CO" Dr,
For publishing the nolice or publication aUached
hereto on the above stated date~
Probating same Notary Fee(s)
Total
$
$
$
177,00
1,50
178,50
Publisher's Reoeipt for Advertising Cost
THE PATRIOT,NEWS CO" publisher of THE PATRIOT,NEWS and THE SUNDAY PATRIOT.NEWS, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid nolice and publication costs and certifies that the same have
been duly paid, THE PATRIOT-NEWS CO,
By.."",,,,,,,,,,,,,,,,,,,,,..,,,,,,,,,,,,,,,,,..,,,,,,..,,,,,,,,..,,