Loading...
HomeMy WebLinkAbout06-10-09Mark Fettro :In The Court of Common Pleas :Of The 9tb Judicial District Plaintiff :Of Pennsylvania V. :Cumberland County Branch Michael Fettro and Melva Moyer , Co-Defendants :NO. ~ r - 09 -0533 Praecine for Entev of Aoaearance To the Prothonotary: Enter my appearance on behalf of Plaintiff Mark Fettro. Papers may be served at the address set forth below. Christopher J. Basner, Es4wire Attorney for Party Named Above 205985 Sapreme Court Identification Number Christopher J. Basner P.C. Firm 341 Market Street Street Address NewDOrt. PA 17074 City, State, Zip Code (717) 567-6993 Telephone Number Date: April 24, 2009 N Ca e~ -r .sa .-_~_j ~~ ~` r rai G ~ ,~ c~,~~ 4 ~~~ ~~; : _ .. ~ ~ ~:.. Signature cc: File Mark Fettro : IN THE COURT OF COMMON PLEAS plaintiff : OF THE 9th JUDICIAL DISTRICT OF v, :PENNSYLVANIA Michael Fettro & Melvo Moyer - Co-Defendants : NO. o~ ~ " d _I - D ~ 33 AFFIDAVIT OF SERVICE I, Donna M. Jones, Legal Secretary to Christopher J. Banner, Esquire, hereby certify that a copy of the Petition for Removal of Co-Executors was served by regular mail on the following persons on the date listed below: Joseph P. Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 Michael Fettro 141 Herman Avenue Lemoyne, PA 17043 Melva Fettro Moyer 276 Marsh Run Road New Cumberland, PA 17070 Martin Fettro 4603 Valley Road Shermans Dale, PA 17090 Date: 0 D q ~~~r~ Donna M. Jones Legal Secretary for Christopher J. Banner, Esq. Attorney for Plaintiff 341 Market Street Newport, PA 17074 717-567-6993 Mark Fettro :In The Court of Common Pleas :Of The 9t6 Judicial District ~ ~~ Plaintiff c ~' ` V. :Of Pennsylvania Z ~ ~' ._- rz-z rs p ~xx :Cumberland County Branch ,,cr} e-,,, ~. Michael Fettro and Melva Moyer Co-Defendants ~ - ~ `~~ Petition for Removal of Co-Executors To The Honorable, The Judges of the Court: The petition of Mark Fettro respectfully states that: 1. Melvin E. Fettro, hereinafter referred to as Decedent, died on or about November 29, 2007, leaving a will dated February 12, 2007, appointing Michael Fettro and Melva Moyer as initial co-executors. To the best of petitioner's knowledge, neither letters testamentary nor letters of administration were ever granted. Furkhermore, to the best of petitioner's knowledge, no legal action has been taken by Michael Fettro or Melva Moyer to date to probate the above named estate. 2. Petitioner is a party in interest in the estate of the Decedent, being entitled to an equal share of the distribution of the remainder of the Trust Estate. (See attached Trust Agreement.) 3. Both co-executors, Michael Fettro and Melva Moyer have failed to perform their duties as required by law and the Last Will and Testament of Melvin E. Fettro. (See attached Last Will and Testament of Melvin E. Fettro.) 4. In particular, both Michael Fettro and Melva Moyer, co-executors, have allowed the mortgage of the property owned by Melvin E. Fettro to go unpaid, such that a Complaint in Mortgage Foreclosure has been filed in Cumberland County. (See attached Complaint.) WHEREFORE, petitioner requests this Court issue a citation, directed to Michael Fettro and Melva Moyer, to show cause why they should not be removed from his office as co- executors of the Last Will and Testament of Melvin E. Fettro, Deceased, and they be ordered to file an account. `o Verification of Counsel I verify that the statements made in this petition are true and correct to the best of my knowledge, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Christopher J. Basner, Esquire Attorney for Party Named Above 205985 Supreme Court Identification Number Christopher J. Basner P.C. Firm Date: 1 , 2009 341 Market Street Street Address Newport. PA 17074 City, State, Zip Code (717) 567-6993 Telephone Number ... S ature cc: File Verification I verify that the statements made in this petition are true and correct to the best of my knowledge, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §49U4 relating to unsworn falsification to authorities. ~„,, s~ 23 09 C i, ..,~ Mark Fettro ,. TRUST AGREEMENT THIS TRUST AGREEMENT made this ~ ~- day of ~~ ~ ~~a~ 20~ between MELVIN E. FETTRO, of the County of CUMBERLAND, Commonwealth of Pennsylvania, herein designated as Trustor, and MELVIN E. FETTRO, herein designated as Trustee. The term "Trustee" shall include Co-Trustees. _ IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE 1. TRUST PROPERTY A. Orioinal Trust Estate. The trust estate shall consist of the initial corpus of one hundred dollars ($100.00} and all assets listed in the Assignment of Personal Property to Trustees, and related Schedule `A'. All property subject to this instrument is referred to as the trust estate and shall be held, administered, and distributed according th this instrument. B. Name of Trust The name of this trust is THE MELVIN E. FETTRO TRUST. C. Additions to Trust F~tate. Additional property may be added to the trust estate at any time by the Trustor, or by any person or persons, by inter vivos or testamentary transfer. Such additions and iiEle to any property so added may be, but need not be, evidenced by amendment to _., this agreement or by schedule, deed, assignment, or other writings transferring property to the Trustee.. Ail such original and additional property is nferred to herein collectively as the trust estate and shalt be held, managed, and distributed as herein provided. ARTICLE II. TRUSTOR'S RIGHTS A. Amendment and Revocation. During the lifetime of the Trustor, this trust may be altered, amended, or revoked, in whole or in part, by written instrument signed by the Ttvstor and filed with the Trustee, .and upon any revocation, all such assets shall return to the Trustor free of trust. By way of construction, all property transferred to the trust is separate property of the Trustor and shall remain separate property in this trust. After the death of the Trustor, this trust may not be altered, amended, or revoked. B. incaoacrty of Trustor. if at any time, in the Trustee's discretion, or as certfied in writing by two (2) licensed physicians, not related by blood or marriage to the Ttustor or any beneficiary of this trust, the Trustor has become physically or mentally incapacitated, the Trustee shall apply for the Trustor's benefit as much of the net income and principal of the tnrst estate as is necessary, in the trustee's discretion, to provide for the Trustoe's health, education, maintenance, comfort, welfare, or happiness. The Trustee shall so act whether or not a court of competent jurisdiction has declared the Trustor competent or has appointed a -conservator. If a conservator has been appointed for the 4-5 ,' Trustor, however, the Trustee shall take into account any payments made for the Trustor's benefit -- by the conservator. This power of .the Trustee shall remain in effect until in the Trustee's discretion, or as certified in writing by two (2) licensed physicians, not related by blood or marriage to the Trustor or any beneficiary of this Trust, the incapacity is removed and the Trustor is again able to manage the Trustor's own affairs: C. Conservatorship or Guardianship. In the event that the Trustor shall be legally declared a Conservatee or a Ward of the court, and the income from the trust shat! be insufficient to provide for the proper health, support and maintenance of the Trustor, the Conservator or Guardian of the Trustor shall have the right, with the approval of the appropriate court, to invade the trust for the benefit of the Trustor to the extent that the Trustor could have invaded the trust had the Trustor not been, at that time, subject to a Conservatorship or Guardianship. The power of the Trustor to revoke or amend #his trust is personal to the Trustor and shalt not be exercisable in the Trustor's behalf by any Conservator or Guardian or other person, except ths't revocation or amendment may be authorized, after notice to the Trustee, by the court that appointed the Conservator or Guardian. D. Investment of Trust Estate. Whife the Trustor is living and corrrpete~nt, the Trustor may, at any time or times, direct the Trustee in writing to invest the trust estate in specific securities, properties or investments, to retain as part of the -trust estate any securixies, properties or investments for such length of time as such din~ctions may provide, or to sell, enbumber, lease, manage, control or dispose of any property of the trust estate. The Trustee shall not be liable for _ any foss sustained or incurred by reason of compliance by such Trustee with and such written `` dire-citions of the Trustor. E. Character of Property. Regardless of the location of such property, any personal property transferred to this trust shall remain personal property. ARTICLE Ili. DISPOSITIVE PROVISIONS DURING TRUSTOR'S LIFETIME A. Payment of Expenses. The Trustee shall pay or reserve sufficient funds to pay all expenses incident to the establishment, management, and administration of the bust estate, including the compensation of the Trustee, all or any part of which may, in the discretion of the Trustee, be charged either to income or principal of the trust estate. The remaining incbme shall be and is hereinafter referred to as "net income". B. Distribution of Income. During the Lifetime of the Trustor, the Tnrstee shall pay to the Trustor, or shall apply for the Trustoe's benefit, the net income of the trust in quarter-annual or more frequent intervals. C. Distribution of Principal. If the Trustee considers the net income insuffic_ lent, the Trustee may pay to or apply for the benefit of the Trustor as much of the principal of the trust estate as is necessary, in the Trustee's discretion, for the proper health, education, support, ~- maintenance, and comfort of the Trustor, 'in accordance with the accustomed manner of living of 4-6 the Trustor at the date of this instrument. The Trustee shall exercise this power to invade principal ~- in a (iberai manner. ARTICLE IV. DISPOSiTIVE PROVISIONS AFTER DEATH OF TRUSTOR A. Pr~ation of Trust Estate. Except as otherwise specifically provided in this instrument (or in the Trustoe's Will directing that the proper#y passing under the IMlli be applied to the satisfaction of a tax), all estate and other inherittance taxes, including interest and penalties, imposed on or by reason of the inclusion of any portion of the trust esiafie in the gross taxable estate of the Trustor may be paid by the Trustee and charged to, prorated among, or recovered 'from the trust estate of the persons entitled to the benefits under these trusts as provided in the Pennsylvania Probate Code and applicable provisions of the irrternal Revenue G~de. The trust estate includes propec[y subject to probate administration that is directed to be added to the trust estate by reason of the Trustor"s death. B. Pa~rment of Expenses of Trustor's Estate. On the death of the Trustor, the Trustee' - -~- may, in the- Trustee's discretion, pay, out of the tn~st, the debts of the Trustor; the estate and inheritance taxes, inducting interest and penalties, arising because of the Trustoe's death; the last illness and funeral expenses of the Trustor; and attorneys' fees and other casts incurred in administering the Tcustor's estate. The Trustee may pay any such taxes directly on, alternatively, in the sole discretion of the Trustee, distribute such sums #o the Executor as shall b~ necessary to pay all or any portion of such taxes. C. Payment of Expenses of Administration. Upon the death of the Trustor, the Trusfiee shall pay or reserve sufficient funds to pay ail expenses of management and administration of the trust estate, including the compensation of the Trustee and the attorney, ail or any jpart of which shall be charged, in the Trustee's discretion, to income and/or principal of the trust estate. The remaining income shall be and is hereinafter referred to as "net income". D. Distribution of Gifts. The Trustee shall distribute gifts of trust properly, subject to the provisions of ARTICLE IV. G. hereinbelow, to beneficiaries as follows: MICHAEL FETTRO is to receive the pick-up truck. MARTIN FETTRO is to receive the car. {f any beneficiary named in this ARTICLE iV .D. is not then living, the gift to sutth deceased beneficiary shall lapse and shall become a portion of the remainder of the trust estate. E. Distribution of Remainder of Trust Estate. Upon the death of the Trustor, the Trustee shall, after paying or reserving for all amounts payable, as provided in ARTICLE N. A. through D., divide the remainder of the trust estate into four (4) equal shares and distribute one (t) share each to MARTIN FETTRO, MICHAEL FETTRO, MELVA MOYER and MARK FETTRO set forth as follows and shall hold, administer and distribute each share according to the provisions of ARTICLE IV. G. hereinbelow. 4-7 F. Distribution of Deceased Beneficiary's Share. In the event a beneficiary named in Paragraph E. of this ARTICLE !V. is not then living, the share of such deceased bereficiary shall be distributed to his or her then living issue, per stirpes, subject to ARTICLE N. G. heceinbelow. If a beneficiary named in this section to receive the residue of the trust fails to survive the Trustor and leaves no living issue of his or her own, the deceased beneficiary's share of the residue of the trust shall augment proportionately the shares of the residue of the trust distributed to the other surviving beneficiaries. G. Distributions of Income and Principal. 1. The Trustee may pay to or apply for the benefit of each beneficiary for whom a mist is then held who has not yet attained the age of twenty-one (21 j years as much of the net income of said trust as the Trustee shall determine to be in the best irrtervest of and tending to promote the welfare of such beneficiary, after taking irrto consideration, to the extent the Trustee deems advisable, any other income or resources of such beneficiary. Any income not distributed shall be accumulated and added to and become part of the principal of said trust. After a beneficiary for whom a trust is then held attains the age of twenty-one (2.1) years, the Trustee shall pay to or apply for the benefit of such beneficiary the net income of said trust in convenient intervals not less frequently than quarter-annually, 2. If the Trustee deems the net income available hereunder not sufficient to provide for the reasonable health, support, maintenance and education of any beneficiary for whom a trust is then held, taking into consideration any other income and financial resources~aF such beneficiary, so far as known to the Trustee, it may, as often as it deems necessary, pay to or apply for the use and benefit of such beneficiary such part of the principal of the respective trust of such beneficiary, up to and including the whole thereof, as is necessary for the reasonable health, support, maintenance and education of such beneficiary. 3. The Trustee, in its discretion, may make net income or principal' payments to a minor or a beneficiary under disability by making such payments to the guardian or conservator of his or her person, to a custodian under a Uniform Transfers to Minors Act or similar statute applicable in the Commonwealth of Pennsylvania, or to any suitable person with whalm he a she resides, or the Trustee may apply such payments directly for the beneficiary's benefit, including any reimbursement to a friend or retafive for amourrts properly advanced for the beneficiary's benefit. The Trustee may make net income or principal payments directly to a minor child if, in the Trustee's discretion, such child is of sufficient maturity to manage. such distribution. 4. ~Jpon the death of a beneficiary for whom a trust is then held prior to final ~iistribt,tion,tot,~uch beneficiary, if said decedent is survived by issue, that portion o~ such trust . `'~~in0`~ioth principal and any accrued or undistributed income) which is not exempt frotri ~: generatis~n-skipping transfer tax imposed by Chapter 13 of the internal Revenue Code'oF 1°~s any successor provisions) shall be distributed to such one or more persons or entities, includiAgl-~ the decedent's estate, and on such terms and conditions, either outright or in trust, as the decedent shall have appointed by the last dated instrumerrt delivered to the Trustee, including a 1~I( (whether or not admitted to probate), spec~c$Ily referring to and exercising this power of appointment. Any of such portion of the trust as is not appointed, together with that portion of the trust that is exempt from the generation-skipping transfer tax, shalt be distributed to the issue of 4-8 the beneficiary, and if none, then according to the terms set forth in this ARTICLE hereinabove - providing for the distribution of the remainder of the Trust Estate. 5. There need be no physical segregation or division of the various trust shares except as segregation or division may be required by the termination of any of the trusts, but the Trustee shalt keep separate accounts for the different undivided interests. 6. Subject to a possible retention of some or all of the assets of the trust estate by the Trustee pursuant to ARTICLE Vi S., whenever any beneficiary for whom~a trust is then held shall have attained the age of twenty-five {25} years, the Trustee shall distribute to such beneficiary, free of trust, the entire principal and accumulated income, if any, of his or her separate trust. 7. In the event that there shall be na surviving named beneficiaries, including issue as set forth herein, the trust shaft thrminate and the proceeds shall be distributed to the then surviving heirs at law of the Trustor, as determined by the caws of intestate succession. then existing in the Commonwealth of Pennsylvania; excluding, however, any provision for distribution to heirs of a pnadeceased spouse. 8. The terms "child" and "children" shall include .both natural and legally adopted children, and-the term "issue", unless otherwise designated herein, shalt include adopted "issue" of descendants and lineal descendants, both natural and legally adopted indefinitely. Such term shall specifically exclude individuals adopted out of the family of Tntstor or art of the family of a descendant of Trustor. The word "living" shall include unborn persons in the period of gestation. H. Distribution ff Special Needs Trust Reyuired. In the event any beneficiary entitled to receive a distribution from the trust estate is also receiving government benefits that would impair the beneficiary's continued right to receive the government benefits, then~the funds that were to be distributed to the beneficiary shall instead be held, administered, and distributed by the Trustee for the benefit, welfare, and eduction of the beneficiary, pursuant to the provisions set forth below. 1. The primary beneficiary of this toast has a disability that substarrt~iaily impairs the beneficiary's ability to provide for the beneficiary`s own care or custody and constitutes a substantial handicap. The purpose of this tn~st is to provide financial aid that is supplemental to, rather than a replacement for, government benefits provided to the beneficiary, without disturbing government benefits that would be available to the beneficiary if the trust did not exist The Trustee shalt hold, administer, and distribute all property al{orated to the trust for the benefit of the following beneficiary during the beneficiary's {ifetime, unless this trust is earlier terminated. 2. in accordance with the purpose of this trust and subject to the guidelines provided below, the "Trustee. may pay to or apply for the benefit of the beneficiary as much of the trust net income as the Trustee determines, in the Trustee's sole discretion, to be necessary or desirable to meet the beneficiary's special needs. "Special needs" are items or services that the Trustee considers necessary for the beneficiary's health, protection, and welfare and that cannot, in the Trustee's opinion, be provided by grants, services, and supplies available through any public agency, .office, or department of Pennsylvania, any other state, or the United States. 4-9 "Special needs" may include funds, items, or services that enhance the beneficiary's quality of fife. - - - F~camples of funds, items, or services meeting special needs are incidental spending money, travel funds, personal items such as radios and televisions, gifts on the beneficiary's behalf to friends and relatives, a paid companion, health care services, supplies, and special equipmerit, training programs, and rehabilitation supplemental to those that the beneficiary is entiNed'to receive under a government assistance program. The Trustee is neither obligated nor cornpeiled to make any distribution. Any undistributed income shall be accumulated and added to princ+p~ll: 3. The Trustee shall seek support and maintenance for the beneficiary from all available public resources, including but not limited to Social Security paymenl~, Supplemental Security Income, Social Security Disability Insurance, Veterans Administration benefits of every kind, Medicaid .payments. If the Trustee receives govemment assistance benefits on the beneficiary's behalf, the Trustee shall collect, expend, and account for those benefits separately from, and not commingle them with, all other assets of this trust. 4. The Trustee shall not use or distribute trust assets that wilt: a. Make the beneficiary ineligible for public benefits otherwise available to the beneficiary from any public agency, office, or department of Pennsylvania, r~ny other state, or the United States; b. Cause the trust assets to bear all or part of any costs of treatment, equipmenrt, or other assistance that would otherwise be paid by a government agency or benefits Program; or c. Pay for services, including residential care, rendered to the beneficiary by any govemment agency or unit. 5. The Trustee shall not reimburse from trust assets any amounts claimed by any govemment agency for material goods, services, or funds provided to the beneficiary. 6. For purposes of determining the beneficiary's Medicaid 1 eligibility, no part of the principal or undistributed income of the trust estate shall be considered avnilable to the beneficiary. The Trustee shall deny any beneficiary request for the Tnistse to (1) rei~ase principal or income of the trust to or on behalf of the beneficiary to pay for equipment, rriedication, or services that Medicaid could provide if the trust did not exist; or (2) petition the court or any other administrative agency for the release of trust principal or income for this purpose. The Trustee may, in the Trusfiee's discretion, take necessary administrative or legal. steps to protect the beneficiary's Medicaid eligibility, including obtaining a ruling from a court a-f competent jurisdiction that the trust principal is not "available" to the beneficiary for purposes of determining Medicaid eligibility. Expenses for this purpose, including reasonable attorney fees, will be a proper charge to the trust estate. All references in this instrument to "Medicaid" include any other state's Medicaid program equivalent. 7. No interest in the principal or income of this trust may be anticipated, assigned, encumbered, or subject to any creditor's claim or to legal process before actual receipt by the beneficiary. Because this trust is intended to be conserved and maintained for the beneficiary's special needs, no part of the trust principal or income may be subject to tike claims of ~-- voluntary or involuntary creditors for any costs incurred or sums expended by any public agency, 4-70 office, or department of Pennsylvania, any other state, or the United States, for the provision of care and services (including residentia{ care) to or for the beneficiary (whether prospectively or in reimbursement). The beneficiary of the trust has a disability that substantially impairs the beneficiary's ability to provide for the beneficiary's own care or custody and constitutes a substantial handicap. 8. ff a court or government agency determines in the Trustee's opinion that the trust renders the beneficiary ineligible for government benefits for which the beneficiary would be eligible ff the .trust did not exist, the Trustee shall evacuate the financial loss caused to the beneficiary by the beneficiary's ineligibility for government benefits as compared 'to the financial gacn to the beneficiary resulting ftom the trust's continued operation, to determine whether to maintain the tn:st in operation or to terminate the trust. ff the Trustee determmines that the benefits conferred by the trust do not outweigh the detriment caused by the loss of goven~ment benefits, the Trustee may, in the Trustee's sole discretion, terminate the trust and distribute the trust assets according to the provisions be{ow. 9. The Trustee shall terminate this trust and distribute its assets as provided in subparagraph 12. if: a. A court of competent .jurisdiction issues an order compelling the Trustee to reimburse a government agency for payments made, services rendered, or materials supplied to or for the beneficiary by that agency; or b. The Trustee deternines, in the Trustee's so{e discretion, that the trust may be subject to garnishment, attachment, or execution by any creditor (including a government ~~. agency) and that no appeal or any other legal remedy can defeat the order for reimbursement or arrticipated garnishment, attachment, or execution, or that legal challenge to that order, garnishment, attachment, or execution would be excessively costly to the trust in view of the then-remaining trust assets and the needs of any other beneficiary. 10. ff the trust terminates during the beneficiary's lifetime, the Trusb~e shall, after paying the expenses of trust administration and termination, distribute tide remaining trust principal, together with any undistributed income, as designated in subparagraph 12. below. Each person receiving properly is requested, but not directed, to conserve, manage, and distribute the proceeds of the former trust estate for the benefit of the former beneficiary of the trust, in accordance with the provisions set forth in this tnlst for administration and distribution of the trust assets while the original beneficiary was beneficiary of thes trust. 11. The Trustee may, in the Trustee's discretion, pay last-illness and funeral expenses, any death taxes attributable to any part of the trust estate, and expensies ftom the administration or distribution of the trust estate. The Trustee shall not pay expanses for which, in the Trustee's opinion, there is an adequate source of payment outside the trust. The Trustee shall also not pay expenses incurred by or on behalf of the beneficiary during the beneficiary's life if a government benefits program was obligated to meet those expenses while the beneficiary was alive. 12. At the death of the beneficiary, the Trustee shall distribute any remaining balance of the bust estate (including accrued income and undistributed income) to one or more of -- the group consisting of the class specified below, on such terms and conditions (outright, in trust, 4-11 or by creating further powers of appointment) as the beneficiary shall appoint in a valid will or inter viwos document executed after the Trustor's death, specifically referring to and exercising this power of appointment. If the beneficiary does not effectively appoint all the trust estate, the Trustee shall distribute the trust properly amongst the beneficiary's issue, per stirpes, and if none, then to the Trustor's issue, per stirpes. 1. GSTT Provisions. The Trustee has the authority to allocate any portion or all of a Trustor's generation skipping tax exemption {hereinafter "exemption") provided under the Internal Revenue Service Code. The trustee may allocate the exemption to any property as to which that Trustor is the transferor, including any property transferred by the Trustor during that Trustor'a lifetime as to which that Trustor did not make any such allocation prior to that Trustor's death. The Trustee has the authority to make the special election under 26 U.S.C. § 2652(a)(3) sand any other applicable generation skipping tax election. [f the Internal Revenue Service code is interpreted in such a way as to deny the Trustee the power to allocate, or exercise any election, the Trustee is expressly authorized to instruct the Trustor's Executor to allocate the exemption or exercise the election. To avoid creating a partially exempt trust, the Trustee may divide any trust created hereunder to permit an allocation of the exemption solely to one trust that wor~id be entirely exempt from the generation skipping transfer tax (hereinafter the "tax"). The trustee may divide the trust into two separate trusts of equal or unequal value so that one trust will have an inclusion ratio of zero and the other trust will have an inclusion ratio of one. ff thei Trustee adds property to a trust that is exempt, and the addition would partially. subject the trust to the tax, the Trustee may hold the property in a separate trust in lieu of making the addition. Except as otherwise provided in this Trust, any trusts created by dividing another trust slhall have the same terms and conditions as this Trust. With respect to each trust, the Trustee tray {1) make different tax elections for each trust; {2) expend the principal and exercise discretionary powers differently with respect to each separate trust; and (3) invest the principal differrntly in each trust. Upon any distribution, if a generation skipping transfer tax is ,payable by a beneficiary, the Trustee shalt charge the tax to the trust to which the tax relates. if any termination of an interest in the trust property is a taxable termination subject to the tax, the trustee shalt pay the tax from the portion of the property, or trust, to which the tax relates, without adjustment of the relative interests of the beneficiaries. ARTICLE V. ADDITIONAL DISPOSITIVE PROVISIONS A. Discretionary Termination. If the value of the trust estate or of any segrepgated share held as a separate trust is determined by the Trustee to be valued at $10,000.00 or less, then such trust may,' in the discretion of the Trustee, be terminated and the remainder of such trust shall be distributed to the person then errtitied to the income therefrom. B. Rule Acrainst Perpetuities. Notwithstanding any other provision of this instrument, the trusts created hereunder shall vest in and be distributed to the persons then entitled to the income from such property within fhe time period specified in the Pennsylvania Statutes, as amended, unless vested sooner as provided in this instrument. ~- 4-12 C. Saendthrift Provision. No beneficiary of this trust, other than the Tn.estor, shall have .__ any right to alienate, encumber or hypothecate his interest in the trust to claims of his creditors, or to render such interest liable to attachment, execution, or other. process of law. The income of this tnlst shall not be .pledged, assigned, transferred, sold or accelerated, anticipated or encumbered in any manner whatsoever by any beneficiary, nor shall any incame of the trust be in any manner subject or liable in the hands aF the Trustee. for the debts, contracts or encroachments of any beneficiary or be sub'sct to any assignments or any other voluntary or imrolunt~ry alienation or disposition whatsoever. If the creditor of any beneficiary, other than the Trustor, who is entitled to any distributions from a trust established under this instrument shall attempt by any means to subject to the satisfaction of his daim such beneficiary's interest in distribution, then, notwithstanding any other provision herein, until the release of the writ of attachment or garnishment or other process, the distribution set aside for such beneficiary shalt be disposed of as follows: 1. Distribution to Beneficiary. The Trustee shall pay to or apply fmr the benefit of such beneficiary such sums as the Trustee shall determine to be necessary for ~ reasonable health, education {including study at institutions of higher learning), and support of'the beneficiary according to his or her accustomed mode of life. 2. Disposition of Excess. The portion,. of the distribution that the Trustee shall determine to be in excess of the amount necessary for such health, education (including study at institutions of higher learning) and support shall, in the Trustee's discretion, either be added to and become principal of the trust share of such beneficiary or be paid to or applied for the benefit of the other beneficiaries then entitled to receive payments from any trust establis~ned under this instrument, in proportion to their respective irrterests in the trust estate; or, if there be no other beneficiaries, the excess income may be paid to or applied for the benefit of the person or persons presumptively entitled to the next eventual interest, in proportion to their respective interests. D. Simultaneous Death. ff any beneficiary of the trust shall die simultaneously with the Trustor, or if there is insufficierrt evidence to establish that such beneficiary and the Trustor died other than simultaneously, it is hereby deemed that the Trustor shall have survived the beneficiary. E. Court Jurisdiction. Penrsylvania Probate Code authorizing court jurisdiction over revocable trusts apply to al{ trusts cxeated under the terms of this instrument ARTICLE Vl. TRUSTEE'S POWERS A Trustee has the power and authority to manage and control, buy, sell, and transfer the trust properly, in such manner as the Trustee may deem advisable and shall have, enjoy and exercise all powers and rights over-and concerning said properly and the proceeds thereof as fully and amply as though said Trustee were the absolute and qual~ed owner of the same. Additionally, and without limitation, to carry out the provisions of the trusts created by this instrument, the Trustee shall have the following powers in addition to those now or later conferred by law: 4-13 A. Power to Retain Trust Proaerly and Combiv with Existing Agreements. To continue - to hold any property received in trust, including undivided irrterests in real property, and to operate any property or any business received in trust as long as the Trustee, in the Trustee's discretion, may deem advisable, notwithstanding the fact that any or all of the investments retained are of a character or size which, but for this express authority, would not be considered proper for the Tnrstee. in the everrt the Trustor shall be a party to a Buy-Sell Agreement, Cross-Purchase Agreement, Stock Redemption Agreement, Option or any agreement providing for. the disposition of Trustors interest in property, whether such agreemerrt has been executed by Trustor individually or as Trustee of this Trust Agreement, and which property is owned by the trust, then upon the death of Trustor, the then acting Trustee of this trust is hereby directed to transfer as much of Trustor's interest in such properly then held in the trust as is necessary to carry out the provisions of any such agreement and to execute all documents and take all further actions necessary or appropriate to carry out the terms of such agreemenrt. B. Power to Manage Trust Proaerly. To manage, control, improve, maintain, sell, convey, exchange, _ partition, divide, improve and repair all real and personal gust properly; subdivide or develop land; make or obtain the vacation of plats and adjust boundaries, or adjust differences in valuation on exchange or partition by giving or receiving consideration; and dedicate land or easements to public use with our without consideration; matte ordinary or extraordinary repairs or„ alterations in buildings or other trust property, demolish any improvements, raze existing party walls or buildings, and erect new party walls or bulildings, as the Trustee deems advisable; to grarrt options and to sell upon deferred payments; to (base for terms within or extending beyond the duration of the trust, for any purpose, including exploration for and removal of oil, gas and other minerals; to enter into oil, gas and mineral leases, assignments, farmouts, fannins and joint ventures; to purchase and sell gas, oil and mineral royalties, to create restrictions, easements, and other servitudes; employ and discharge agents anti employees, including but not limited to attorneys, accountants, investment and other advisers, custodians of assets, property managers, real estate agents, and brokers, and appraisers, to advise and assist the trustee in the management of any trusts created under this trust instrumerrt, and compensate them from the trust property; to instihrte, compromise, arbitrate, defend, or otherwise adjust claims in favor of or against the trust; and to carry such insurance as the Trustee may deem advisable. C. Power to invest. To invest and reinvest the prindpai and to purchase or acquire therewith every kind of property, real or personal, and every kind of investment, specifically including, but not byway of limitation, commodities of every nature, corporate obligaftons of every kind, precious metals such as gold or silver, and stocks, preferred or common, and to buy stocks, bonds, commodities, and similar investments on margin or other leveraged accounts and to short seN such accounts, and to buy, sell and write stock and other security options, and to enter into commercial partnership as a partner, limited or general, and to operate any business as a sole proprietor. To open, operate, and maintain a securities brokerage account wherein arty securities may be bought and/or sold on margin, and to hypothecate, borrow upon, purchase and/or self existing securities in such account as the Trustee may deem appropriate or useful D. Power to Retain Trust Proaertv without Diversification. To retain, without liability for loss or depreciation resulting from such reterrtion; original property, real or personal, at any time received by the Trustee, for such time as the Trustee shall deem best, even though such property may not be of the character prescribed by taw or by the terms of this trust for the in~restment of 4-14 trust funds, and although it may represent a large percentage of the total trust or estate property, and without being required to observe the principle of diversification of trust investments. E. Power to Retain Unproductive Properly. To retain uninvested ail or any part of the trust estate from such time, and from time to time, as the Trustee may deem advisable. F. Power th Borrow. To bonow money for any trust purpose upon such terms and conditions as the Trustee may deem proper, and to obligate the trust estate by mortgage, deed of trust, pledge, or otherwise, using such procedure to consummate the transaction as the Tn~stee may deem adwisabfe and to pledge the assets of the trust estate to secure the guarantee by the Trustor of the debts of third parties. G. Power to Manage Securities. To have, respecting securities, afi the rights, powers and privileges of an owner, including the power to pay assessments and other sums deemed by the Trustee necessary for the protection of the bust state; to participate in voting trusts, pooling agreements, foreclosures, recapitalizations, reorganizations, consolidations, mergers, and liquidations, and in connection therewith to deposit securities with and transfer title to any protective or other committee under such terms as the Trustee may deem advisabie~; to exercise or sell stock subscription or conversion rights, to accept and retain as an investment any securities or other property received through the exercise of the foregoing powers. H. Power to Partition. Allot and Distribute. Upon any division or distribution of the trust estate, to partition, allot, and distribute the trust estate in undivided inten3sts or in kind, or partly in money and partly in kind, at valuations determined by the Trustee, and to sell such properly as the Trustee may deem necessary to make division or distribution. The power of the Trrustee to make distributions in kind shall include the power to make non-pro rata distributions in kind without regard to the income tax basis of assets so distributed. 1. Power to Determine Principal and Income. Except as otherwise spec~ffically provided in this Trust Agreement, the determination of all matters relating to principal and income and receipts and expenses shall be governed by the provisions of, Pennsylvania Statues or similar statute applicable in the Commonwealth of Pennsylvania from time to time existing. Any such matter not provided for either in this instrument or in the Pennsylvania Statutes applicable in the Commonwealth of Pennsylvania shall be determined by the Trustee in the Trustee's discretion. The Trustee`s powers shall be subject, at any time that a beneficiary shall be a Trustee hereunder, to the Trustee's duty to treat income and remainder beneficiaries equitably. J. Power to Distribute Income. To make payments, if any, of the net income of the trust in quarterly or more frequent intervals as may be convenient to the Trustee. Upon th~ death of the income beneficiary of the trust during its continuance, any. accumulated income which would have been paid to such beneficiary had he or she survived shalt not be payable to his or her estate but shall be paid to his or her successors or successor in interest in the trust as hereinabove provided. K. Power to Empfov Counsel. To employ counsel and corporate or other agents in the discharge of their duties and to pay them a reasonable compensation out of either income or principal, in the Trustee's discretion, and to rely upon the advice of counsel and to suffer no liability resulting from any action taken or withheld pursuant to such advice. ~.._ 4-15 L. Power to Pav Taxes and Expenses Relative to Trust Property. To pay from time to --- time all taxes, assessments, including corporate assessments, and other charges levied or accruing against or on account of the trust property, and to pay all expenses of the trust, including reasonable compensation to the Trustee. To deduct all said taxes, assessments, charges, and expenses from the income or principal of the trust as the- Trustee may deem proper, giving consideration to whether it was income or principal or an allocation between them wvhich gave rise to such taxes, charges and expenses. M. Power to Hold Trust Property in the Name ofi a Nominee. To take title to any property in its name as Trustee hereunder or in its own name or in the name of a nominee without disclosing the trust, or, in the case of securities, to take and keep the same unrejgistered and to retain them in such manner that title may pass by delivery; or, in the case of r+eal,estate, to keep deeds unrecorded; or to deposit cash in a checking or savings account without indication of any fiduciary capacity. N. Power to Distribute to or for the Benefit of Minor or Disabled Bene'~ciarv. In any case in which a trust share is distributable to a beneficiary who has not reachedmajority in the state of his or her residence, or in any case where mandatory or discretionary paymr3nts of income or principal are to be made to such a minor or other beneficiary under legal disabii#ty, the Trustee may, in its discretion, distribute income or principal .directly to the beneficiary, to tie guardian or parent of the beneficiary, to a bank account in trust, to a custodianship far the benr3ficiary or to a person with whom the beneficiary resides. The receipt of the beneficiary, guardian, parent, or person snail discharge the Trustee from its responsibility for the proper expenditure of income or principal. O. Power to Pav Taxes. To pay out of the trust shares or income intenests giving rise to such taxes, all state, federal and focal property taxes, income taxes and off other takes relating to the trust estate. P. Power to Lend. To lend money to any person, including the probate estate of the Trustor, provided that any such loan shalt be adequately secured and shall bear a reasonable rate of interest. Q. Power to insure.. To cony insurance of such kinds and in such amounts as the Trustee deems advisable, at the expense of the trust, to protect the trust estate anal the Trustee personally against haaard. R. Power to Commence or Defend Litigation and to Compromise. To commence or defend, at the expense of the trust, such litigation with respect to the trust or any property of the trust estate as the Trustee may deem advisable, and to compromise or otherwise adjust cl~~ms or litigation against or in favor of the trust. S. Power to Withhold Payment Pursuant to Conflicting Claims. To withhold from distribution, in the Tnrstee's discretion, at the time for distribution of any property in this trust, without the payment of interest, all ar any part of the properly, so long as the Trustee shall determine, in the Trustee's discretion, that such property may be subject to conflicting claims, to tax deficiencies, or to iiabilities, contingent or otherwise, properly incurred in the administration of the trust estate. The Trustee is under no obligation to make such retentions and shall be under no liability whatever for the exercise or the failure to exercise such discretion. The interests of the 4-16 beneficiaries hereunder shall be vested regardless of.whether or not such assets are so retained, and all income requin3d to be paid shall be payable to such beneficiaries in convenient intervals not less frequently than quarEer-annually. T. Power to Adjust for Tax Consequences. To take any action and to make any election, in the Trustee's discretion, in onier to minimize the tax liabilities of this trust and its beneficiaries or to extend the time for paymerrt of any tax liabilities. The Trustee shall allocate the benefits from such action or election among the various beneficiaries. The Trustee shall make adjustmerrts in the rights of any beneficiaries, or between the income and principal accounts, to compensate for the consequences of any tax election, investment, or administrative decision that the Trustee believes has had the effect of directly or indin3ctly preferring one beneficiary or group of beneficiaries over others. U. Power to Subject Trust Proaeriy to Probate. R is the Trustors intention to avoid probate through the use of this Tn~st Agn3emerrt. ff, however, the Trustee of this trust and the Executor of the estate of Trustor shall mutually determine that it shall be in the best irrterests of the beneficiaries of the t~ and the beneficial interests of the beneficiaries shall not then3by be altered, the Trustee may subject any asset to probate to accomplish a result unavailable without probate. This power shall be stric[iy construed and shalt only be used to secure any tax or other benefit otherwise unavailable to the trust. V. Power to Delegate. To perform or to delegate to any tnestee or non-t~vstee any non- discretionary power, including the power to singularly or jointly open, close, or transfer any type of bank account and savings and loan association account, sign checks, drafts, withdrawal slips, or other documents, give instructions for the receipt or delivery of securities or other, property, give instructions for the payment or the receipt of money and, singularly or with others, have access to any safe deposit box or other place containing property of this trust. W. .Paver to Make Gifts. The Trustor may at any time direct the Trustees in writing to pay single sums or periodic payments out of the trust estate to any other person or organization. The Trustor's power to so direct the Trustees shall be personal to the Trustor, except that this power may be exercised by the Trustoe's conservator or by the agent named in the Trustor's Durable General Power of Attorney authorizing such action to the extent that payments to one or more persons qualify for the annual federal gift tax exclusion. X. Power to Revoke. The power to revoke or amend this instrument is personal to the Trustor and shall not be exercisable on the Trustoe's behaff by a conservator or any other person. This limitation, however, does not apply to the Trustoe's agent under a Durable General Power of Attorney, who may exercise the power to revoke or amend this trust as tong as the agent is authorized to do so under the power of attorney instrument. Y. Power to Purchase Oations. The Trustee shall also have the power to establish and maintain margin accounts; and to buy or sell options, puts, and calls. Z. Power to Delegate Authority. To delegate to any person the authority to give instructions Xp any broker or transfer agent. 4-17 ARncLE 1/ll. LIMITATION OF POWERS A. Manasrement of Principal and Income. No powers, enumerated herein or accorded to Trustee generally by law, shat! be construed to enable any person appoinrted as Trustee or otherwise, or any other person, to purchase, exchange or otherwise deal with or dispose of the principal or income of this trust for less than an adequate consideration in money or moneys worth or to enable any person appointed as Trustee or otherwise to borrow the principal or income of this trust directly or indirectly without adequate interest or security. This limi~aation shall not apply to a Trustor acting as Trustee. B. Fiduciary Capaciiy of Trustee. Any Trustee ar Co-Trustee of an irrevocable trust hereunder shall act at all times in his or her fiduciary capacity and shall treat the income and remainder beneficiaries equitably, and no Trustee shall have any power which would cause indudibiliiy of such imevocabie trust share in his or her estate for federal estate tax purposes. Should any condition arise, including a change in the law, which would prevent any such Trustee or Co-Trustee of such irrevocable trust from acting as Trustee hereunder without causing indudibility of such trust share in his or her estate for federal estate tax purposes merely by reason of such trusteeship, such Trustee or Co-Trustee shall resign, and the next sucxessor Trustee, as designated herein, who shall not be subject to such indudibitity shall be appointed in his or her stead. C. Invasion of Principal by Trustee. No Trustee or Co-Trustee who is alsa a beneficiary _ _ of an irrevocable trust share hereunder shall have the power to invade the trust principal for his or '` her benefit prior to the termination of the trust, except pursuant to the ascertainable standards set forth in this Trust Agreement ARTICLE VIII. RECORDS AND ACCOUNTING Despite any provision of the Pennsylvania Statutes or the Pennsylvania Probate Code to the contrary, the Trustee is not required to render accounts or reports of the administration of the Trust as long as: 1. During the Trvstor's lifetime, the Trustee (if other than the Trustor) renders an account or a report to the.Tnlstor no less frequently than annually; 2. The Trustee, if other than a Trustor, renders an account or a report on the request of any Successor Trustee or any beneficiary, but no# more frequerrtlyr than once every six (6) months, whe#her #hat beneficiary has a present or future interest, vested, or contingent; and 3. The Trustee may render accounts or reports on the Trustee`s own initiative. The form, content, and manner of delivery of an account or a report shall be in accordance --- with the Pennsylvania Statutes. 4-18 ARTICLE IX. COMPENSATION OF TRUSTEE The Trustee shall receive as compensation for its services, unless waived, 'such amount of commissions as are customarily being charged by commercial trust companies fbr services as a trustee. of an inter vivos trust in the Commonwealth of Pennsylvania. ARTICLE X. SUCCESSOR TRUSTEES A. Desis~nation of Successor Trustee. Upon the death, n~ignation, qr incapacity of MELVIN E. FETTRO as Trustee, then MICHAEL FETTRO and MELVA MOYER shall serve joirrtly as Co-Trustees hereof. In the event one of them should become incompetent or otherwise unable or unwilling to serve, then the one remaining shah serve alone as Trustee hereof. B. Powers and Resuonsibility of Successor Trustee. Upon the appoihtrnent of any successor Trustee, such Trustee shall not be required to conduct an audit or alccount of the fiduciary conduct of any previous Trustee and shall incur no liabiilty whatsoever ay its failure to examine the prior trust record. Every successor Trustee shall have all the powers given the originally named Trustee. No successor Trustee shall be personally Liable for any act or omission ~-- of any predecessor. C. .Guardianship or Conservatorship of Trustee. The establishment of a Guardianship or Conservatorship of the Trustee, whether it is of the Estate or the Person, shall cause the trusteeship of such individual to terminate and to pass to 'the successor Trustee. Addfionalfy, should two physicians, neither of whom is a beneficiary hereunder, related to the Trustor or the Trustee within the second degree, nor related to any beneficiary of this trust or beneficiary under the Will of the Trustor within the second degree, certify that the Trustee is incompetent to act as Trustee, such trusteeship shall terminate and pass to the successor Trustee upon notification of such Memorandum to the Trustor, the Trustee, and each then income beneficiary. Shoufd the Trustor, Trustee, or any incase beneficiary object to such Memorandum, such objecting party may seek a legal determination of incompetence in any court of competent jurisdiction. D. Resis~nation of Trustee. Any Tr,rstee or Co-trustee of this Trust Agreement may resign as Trustee after written notice of such resignation is delivenad to the Trustbr, or, if the Trustor is deceased, to all of the beneficiaries then n:ceiving income interests, arhd upon the acceptance of the successor Trustee to act. The resignation of a Trustee can be effected by the attorney-in-fact for a Trustee exercising such power pursuant to a valid power of attorney. An accounting of the assets, income, .and expenses shall be delivered by the resigned Trustee to the successor Trustee as soon thereafter as is reasonably practical. E. Removal of Trustee. The Trustor shad have full power and authority, at any time or times, to remove the Trustee hereunder and to appoint a successor Tnestee, including any `-~ corporation or banking institution, and shall do so by delivering to the Trustee to be removed a 4-19 written notice of such removal, a written appointment of the successor Trustee, and a written -- acceptance by the successor Trustee. Upon delivery of such instruments to the Trustee, the Trustee shall, after deducting alt charges and amounts due it as Trustee, and upon receipt of such proper indemnity as it may require, transfer and deliver the trust estate to the successor Trustee. Thereafter, said removed Trustee shall have no further powers, discretion, rights, obligations, or duties with reference to the trust, and all such powers, discretion, rights, obligations, or duties given the Trustee by this instrument shall inure to and be binding upon said successor Trustee. F. Del~ation of Power to Co-Trustee(s) and Other Agents. Any acting Co-Trustee may, from time to time, delegate to one or more of the remaining acting Co-Trus#ees any powers, duties, or discretion. Every such delegation shall be in writing, delivered to the delegate or delegates and shall remain in effiect for the period of time specified in such written delegation or until earlier revocation in writing is delivered to such delegate or delegates. The Memorandum of any Trustee as to the name and authority of any Trustee acting by reason of delegation or otherwise shall be sufficient evidence and shall indemnify any person relying upon such Memorandum. Additionally, a Trustor acting as a Trustee may, by the execution of a Power of Attorney, delegate to a third party the power and authority to act for such Trustor in his or her capacity as a Trustee in any way in which said Trustee could act if personally present and able to act, subject to the provisions and any (imitations set forth in such executed Power of Attorney. G: Required Consent of Co-Trustees. Subject to the provisions of ARTICLE X F., whenever there are more than two (2} acting Co-Tnistees, a majority of such Co-Trustees, whether individual or corporate, shall have the power to make any decision, undertake any action or execute any documents affecting the trusts created herein, and the dissenting Co-Trustee or Co- _ Trustees shall thereupon be released from ail liability resulting from the decision of the majority. if there are two (2} acting Co-Trustees, they must act unanimously. If an individual Co-Trustee and a corporate Co-Trustee are acting, the decision of the individual Co-Trustee shall be binding. H. Vacancy in Trusteeship. in the event that ati of the named Trustees acrd successors shall die, resign, or be incapacitated, and in the everrt that the right to appoint or designate a successor Trustee is not exercised by the Trustor, as provided in ARTICLE X E. hereirtabove, then, and in that event, the successor Trustee shalt be chosen by a majority in interest oP the then living beneficiaries, with a parent or guardian voting for each minor beneficiary. I. Foreign Assets. in the event that the trust shall own real property (hereinafter referred to as "Foreign Assets") in some state other than Pennsylvania and the Trustee hereunder shall be a corporate or individual Trustee not authorized to do business in that .state, such corporate or individual Trustee shall select an individual ancillary Trustee located anywhere within the United States of America, providing such individual Trustee shall be legally able to act in such state, or a corporate ancillary Trustee located within the state ofi sites of such rea( property, and such ancillary Trustee shall be vested with, and only with, title to and managemerrt of each Foreign Asset, and such ancillary Trustee shall have the same rights and powers over the real property within such state as the regularly appointed Trustee under this trust would have had, had it been able to act as Tnistee within that state. The ancillary Trustee shall pay over to the Trustee hereunder, at least annually, the net income attributable to such Foreign Assets. The Trustee selecting such ancillary Trustee shall be held harmless for any wrongdoing on the part of the ancillary Trustee that it shall select. No individual ancillary Trustee may be selected who would, merely through selection as such ancillary Trustee, be subject to estate or inheritance tax on any trust assets upon his or her death. 420 aRncLE xl. BOND No Trustee or successor Trustee named herein shall be required to furnish any bond or bonds for the performance of Trustee's duties hereunder. ARTICLE X11. GOVERNING LAW The validity of this trust with respect to real property shall be governed by the state of its sites. The validity of this trust with respect to personal property, and the construc#ion, interpn3tation, and admin"istration of this trust with respect to alt property, shall be governed by the laws of the Commonwealth of Pennsylvania in force from time to time. ARTICLE X111. MERGER The trust created hereby shall not terminate or be held to have terminated uppn any theory of merger based on the fact that the same persons are, by the terms of this instrument, made sole beneficiaries and Trustee of said trust; and said beneficiaries are expressly given the right and privilege to participate in the property and business and the profits, dividends, earnings, and increase thereof without regacd to the relation as Trustee which such beneficiaries may bear to said trust. ARTICLE XIV. NO-CONTEST CLAUSE In the everrt that any beneficiary under this trust shall, singly or in conjunction with any other person or persons, contest in any court the validity of this trust or of the Truster's Last Will or shall seek to obtain an adjudication in any proceeding in any court that this trust or any of its provisions, or that such WiQ or any of its provisions, is void, or seek otherwise to void, nullify, or set aside this trust or any of its provisions, then the right of that person. to take any interest given to him by this trust shall be determined as it would have been determined had the person predeceased the execution of this Trust Agreement without issue. The Trustee is authorized to defend, at the expense of the trust estate, any contest or other attack of any nature on this trust or any of its provisions. 4-21 ARTICLE XV. MISCELLANEOUS PROVISIONS APPLICABLE TO TRUST AGREEMENT A. Choices of Law. The internal laws (and not the law of conflicts) of the Commonwealth of Pennsylvania in force from time to time, shalt govern the validity, construction„ interpretation, and administration of this trust, except that ail matters relating to real property sh~li be governed by the laws of the situs of that real property, including that state's conflict-of law principles. B. Distribution Required by Court, in the event that any court of competent jurisdiction shall make a final determination that some individual or institution other than a named beneficiary hereunder is, in fact, to be a recipient of a portion or all of this trust estate, the Trustee shall distribute to such court-determined beneficiary such share as such court shall order, and the Trustee and attorney for the trust shall be absolved from any liability whatever fc~r carrying out such order, and ail beneficiaries herein shall be bound by such court order. Should any such court make. such a determination after any assets are distributed hereunder, the individual or individuals receiving, such assets shall return them to the Trustee for redistribution in accordance with the court order. C. Violation of Law. ff the trust created hereunder shall violate any applicable rote against perpetuities, accumulations or any similar rule or taw, the Trustee is hereby directed to terminate such trust on the date limited by such rule or law and, thereupon, the pnbperty held in such trust shall be distributed to the persons then entitled to share in the income theirefrom, in the proportions in which they are entitled to share the income, notwithstanding any provision of this trust to the contrary. D. Exercise of Power of Auuointment in Violation of Law. No power of appointment granted hereunder .shall be so exercised as to violate any such applicable rule or law, and attempted exercise of any such power that violates such rule or taw shall be void, notwwithstanding any provision of this trust to the contrary. E. Education. Whenever provision is made to pay for the education of a beneficiary, the teen "education" shall indude tuition for vocations{ school, college, and postgrady~ate study if, in the Trustee's discretion, it is pursued to advantage by the beneficiary, at an institution of the beneficiary's choice. Payment for "education" shall also include expenses for boosts, supplies, and tutors. In determining payments to be made to the beneficiary for education, the Trustee shall consider the beneficiary's reasonable related Irving and traveling expenses: F. Notice to Trustee. Unless the Trustee has received actual written notice of the occurrence of an event affecting the beneficial interests of this toast, the Trustee shall rhot be liable to any beneficiary of this Trust for proceeding as though the event ~ had not occurred. This c{ause shall not exculpate the Trus#ee from liability arising from nonpayment of death taxes or generation- skipping, transfer taxes that may be payable by the toast on the occurrence of an event affecting the benefigial interests of this trust. G. Physical Division of Separate Trusts Not Required. When property will be held as part of a separate trust, share, or part created under this trust instrument, the Trustee shall not be nsquired to segregate physically or divide any such property unless the segregation or division - may be required by the termination of the Trust The Trustee shall, however, be required to keep 4-22 separate accounts for the separate undivided interests. The Trustee may, in the Trustee's __ discretion, divide any trust created under this instrument into two (2) or more separate trusts that have the same terns. H. Consolidation of Trusts. The Trustee may, in the Trustee's discretion, administer the assets of any trust created under this trust instrument with the assets of any other tnast or trusts otherwise created, without physically segregating the assets of the various trusts (except on termination of any of the trusts), as long as: (1) The Trustee determines that administration as a single trust will be consistent with the intent of the persons who established the trusts, including the intent with respect to the tax consequences of the trusts, and will facilitate trust administration without defeating or impairing beneficial interests; and (2} The terms of the various trusts are substantially identical. The Trustee shall keep separate accounts for the separate undivided interests. L Power to Distribute if Power of Appointment Not Exercised. Except has otherwise specifically provided in this instrument, ail provisions of this instrument regarding distribution of any trust shall be subject to the exercise of any power of appointment over the trust given under this instrumenrt. if, on the expiration of six (6) months after the death of any person holding a power of appointment given to him or her in this instrument, no instrument purporting to elxercise that ~"` power has been brought to the attention of the Trustee, any property may be distributed according to the term of this instrument as if the paver had not been exercised. ff a document purporting to exercise the power shall. be located later, the Trustee shall not be liable to the appointees under the exercise, and the rights of the appointees and the persons receiving property from the Trustee shall be governed by applicable: law. Any power of appointment given in this instrumert may be exercised by the beneficiary of the paver even if (1) the assets constituting the tust over which the power is exercisepd have not been received by the Trustee on the date of the death of the beneficiary and (2) the beneficiary is a minor. J. Survivorship Provision. Unless the trust instrument provides otherwise, iF any person named or described in the trust fails to survive any event by thirty (30) days, thhat person shall be considered to have predeceased that event. K. Disclaimers. Any beneficiary shall have the right to disclaim all or any part of any interest in property to which he or she may be entitled under this instrument. Except as otherwise provided in this instrument, any interest so disclaimed shaii be distributed as if the beneficiary had predeceased the Trustor. No other interest of the beneficiary shall be affected by the disclaimer, unless that interest also shall be disclaimed. L. Per Sticpes. Distribution of property to or division of property among the issue of a person "per stirpes" means to divide the property into as many equal shares as there are living children of that person and deceased children of that person who leave then-living issue. Each 4-23 living child of that person shall be allocated one share, and the share of each deceased child who --- leaves then-living issue shall be allocated in the same manner. M. Statutes, ~ Codes, and Regulations. ~ Except as otherwise specified, all references to specfic statutes, codes, or regulations shall be to those provisions as amended from time to time and to the corresponding provisions of any subsequent legislation of n3gulation. N. "Shaft" and "Mav". All references in this instrument to the word "shall" indicate a mandatory direction. All references to the word "may" indicate a permissive, but not mandatory, grant of authority. O. Gender and Number. The masculine includes the feminine and neuter, the feminine includes the masculine and neuter, the neuter includes the masculine and feminine, the singular includes the plural, and the plural includes the singular. P. Headincas. The headings, titles and subtitles used herein are for the cgnvenience of reference only and do not form a part hereof and in no way modify, interpret or construe the meanings of the provisions contained herein and shall not affect the construction hereof. 4-2~4 IN WITNESS WHEREOF, MELVIN E. FETTRO, Trustor, and MELYIN E. FETTRO, as Trustee, ~-- as evidence of accepEance of the responsibilities of Trustee hereunder, has signed this-Trust Agreement. DATED this / 2- day of ~~ /3 ti J h ti y , 20 6 7 TRUSTOR: 0 MELVlN E. FETTRO TRUSTEE: MELVIN E. FETTRO COMMONWEALTH OF PENNSYLVANIA COUNTY OF . ~ v -'~ 8 ~ /L t- A .J ~ .---- On 2 _ ~ 2 ' ~ ~ before me, ~ rJ ~ ~ ~ -k4'z'T'~ personally appeared MELVIN E. FETTRO, personally known to me (or proved to me on the basis of .~. satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument My Commission __,__, Expires: --~ Notary Public - 111 9~Q~I Rti sY~.°~, .~!/~ Y =~@fiber, pennsytvenia~ ~'~~ ~clation of Notario8 4-25 ~_ LAST WILL AND TESTAMENT OVERVIEW OF PERTINENT INFORMATION EXECUTOR APPOINTED FOR MELVIN E. FETTRO Initial Co-Executor: MICHAEL FETTRO and MELVA MOYER 9-1 LAST WILL AND TESTAMENT OF MELVIN E. FETTRO I, MELVIN E. FETTRO, a resident of the County of CUMBERLAND, Commonwealth of Pennsyhrania, do make and declare this to be my Wili, and I revoke all my prior Wills and Codicils. FIRST: Declaration Conceminsr Family. 1 declare that I am widowed and that I have four (4) children now living, namely MICHAEL FETTRO, MARTIN FETTRO, MARK FETTRQ and MELVA MOYER, and that I have no other children living or deceased, The terms "child", "children" and "issue" shall include adopted children. I further declare it is my intention to dispose of all property I am entailed to dispose of by Will. SECOND: Nomination .and Appointment of Executor. I hereby nominate 'and appoint MICHAEL FETTRO and MELVA MOYER as Co-Executors of this will to serve without bond. In the event one of them shall for any reason be unable or unwilling to act as Co-Execxrtor, then the one remaining shall act alone as sole Execxrtor hereof. No bond shall be required of arty individual, whether ailing as Co-Execertor or Executor hereof. The term "Executor" as used herein shall aPP1Y regardless of gender. Except for reimbursement of out of pocket expenses, the Executor is to serve without compensation. THIRD: Last illness and Funeral Expenses: Powers of Executor. 1 direct my Executor to pay my last illness and funeral expenses. 1 direct my Executor to take all actions legally permissible to have the probate of my will done as simply and. as free of court sulpervision as possible under the laws of the state having jurisdiction over this will, including filing a petition in the appropriate court for the independent administration of my estate. I hereby grant to my Executor all of the necessary powers to discharge m~ directions under this Will and the power to do all other acts which in his judgment may be necessary or appropriate for the proper distribution of my estate and the pour over of my estate tp the Trust. The foregoing powers, authority and discretion granted to my Executor are intended to be in addition to the powers, authority and discretion vested in him by operation of law by virtue of his office, and may be exercised as often as is deemed necessary or advisable, without applicatlon to or approval by any court in any jurisdiction. With respect to tax elections and exemptions, 1 have provided for such powers for the Trustee of the Trust. In the event that any tax law is interpreted to not allow the Trustee to exercise such powers, then the Executor is directed to follow the Trustee's directions with respect to such elections and exemptions. FOURTH: Debts. Taxes. and Administration Expenses. I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this will - or otherwise and estate, inheritance, transfer and succession taxes that become due by reason of my death, under THE MELVIN E. FETTRO TRUST, (hereinafter "rust") on the sarhe date as the execution of this Will. if the Tryst assets should be insuff~ient for these purposes, after the 9-2 pour over, my F~cecutor may elect to probate this Will and/or demand in a writing addressed to - the Trustee of the Trust an amount necessary to pay atl or part of these items, plus claims, pecuniary legacies, and family allowances by court order. FIFTH: Disposition of Residue of Estate. (1) All my personal and household effect were transferred to the Trust as a result of the Assignment of Personal Property to Trust signed. in connection with the Trust. If there are any questions regarding the ownership or disposition of these assets or any other assets not listed therein, it is my desire that all my assets pour into the Trust. (2) Accordingly, 1 give, devise, and bequeath ail the rest, residue, and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situated and whether acquired before or after the execution of this Will, tb the Trustee under the Trust executed by me on the same date of the execution of this Willa I din3ct my f=xecutor to transfer over to the Trust all of my right, title and interest in all property that I own or that 1 might have an interest in. The property is to be transferred to the Trust subje'~ct to ail liens and encumbrances, if any. The Trustee shall add the property bequeathed and devised by this wilt to the corpus of the Trust and shall hold, administer and distribute said property in accordance with the provisions of the Trust, including any amendments thereto made before my death. (3) If for any reason the said Trust shall not be in existence at the time of my death or if for any reason a court of competent jurisdiction shall declare thle foregoing testamentary disposition to the Tn~stee under said Trust as it exists at the time of mY death to be irrvalid, then 1 give all of my estate including the residue and remainder thereof to that person who wou{d have been the Trustee under the Trust, as Trustee and to their substitutes and successors under the Trust, described herein above, to be held, managed, Ingested, and destributed by the Trustee upon the terms and conditions pertaining to the period beginnin with the date of my death as are constituted in the Trust as at present constituted gluing effecgt to amendments, if any, hereafter made and for that purpose 1 do hereby incorporate such Trust by reference in full in this my Will. SIXTH: Partial Invalidity. Should any part, clause, provision, or condition of this Will be held to be void, invalid, or inoperative, then I direct that such invalidity shall not affect any other provision hereof, which shaft .be effective as though such invalid :provisions had not been made. SEVENTH: Omitted Heirs: WIN Contests. Except as otherwise specified in this. Will, i have intentionally and with ful[ knowledge omitted to provide for my heirs at the time of my death. If any beneficiary under this Will or heir at law of mine or person claiming through any of them shall contest or otherwise challenge the validity of this Will or. attack any of its provisions or the trust described in Paragraph FOURTH herein, directly or indirectly, any share or interest in my estate given to such person under this Will is henaby revoked, and such share or interest shall be distributed in the same manner provided herein as if such person had predeceased me without issue. 9-3 IN WITNESS WHEREOF, I, MELVIN E. FETTRO, sign, seat, publish and declare this - ' instrument as my Last Will and Testament this / ~- day of ~~f3~-v ~ times, ~-4a '7 MELVIN E. FETTRO, Testator The foregoing instrument consisting of four (4) typewritten pages was signed, sealed, published and declared by MELYIN E. FETTRO, the above-named Testator, to be his,Last WiN and Testament in our presence; all being pc+eserrt at the same time, and we, at his requeEst and in his presence and in the presence of each other, have subscribed our names as w'rbnesse~ on the date above written. Witness ~ ~ Witness __ END OF WILL Signature ' '"~ Signature ~ n Print name 1 Print name ~,Qh p ~ b Address ~" / 2- C2 .n ,n-,~ ~ u E Address ~--b b A E (L -~ ,~ .~~ c. 9-4 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAN©, ss. ~~ ~ ~ 1, MELVIN E. FETTRO and ~~ ~' ~'`t L' ~'~ and To g ~~~ ~' ~: ,the Testator and the witnesses respectively, whose names are signed, to the attached or foregoing instrument, being first duty sworn, do hereby declare to the undersigned authority that the Testator, M~ehrin E. Fettro, signed and executed said instrument as his Last ~ti and Testament in the presence and hearing of the wih~esses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, fraud or undue influence. Subscribed, sworn to and acknowledged before me by the said MELVIN E, FETTRO, 'testator, and --- su scribed and sworn to before me by the above-named witnesses, this ~ day of ~'PitiJ.4ti r ZOd 7 Notary Public My commission expires on ~- Nit.iNW~s67F~ a~ ~-~-~ny,~llAlYlA Aonald W Seal Noquyp~ .. Warw+dcTi~rp,, MYC~orruriissionE~freSq~ ~ 20tQ Memb9r, f'ennsylva~+ia ~0~«On ~ Natacies ~~ D ~~~~~ Te_~tor :.~ y r ~'~UE COff~Y F~I~a`~ ~E~l~t~ i"el~ rvhe~f,1(here e~~ ssct i-inji ~ci. .el de`11@ it# ~~d ~~~ i;~Ir ~, ,,may of ~. ~. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO ,ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 ~' ViVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIlVIE MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHII,ADELPHIA, PA 19103 X215) 563-7000 179aoa 0 cn °D -o ~ ~ ~~ 2 Zp ~-*, o ~rn N ATTORNEY FOR PLAINTIFF WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 3476 STATEVIEW BLVD : '~- '"° FORT MILL, SC 29715 Plaintiff v. MELVIN E. FETTRO TRUST DATED 2/12/07 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 THE UNKNOWN SUCCESSORS, TRUSTEES AND BENEFICIARIES OF THE MELVIN E. FETTRO TRUST DATED 2/12/07 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 MICHAEL FETTRO, HEIR OF MELVIN E. FETTRO, DECEASED 141 HERMAN AVENUE LEMOYNE, PA 17043 File #: 179404 COURT OF COMMON PLEAS CIVIL DNISION TERM G'U~ L CUMBERLAND COUNTY We hereby ce~jr the within to be a true end carrec°~ cagy of the MARTIN FETTRO, HEIR OF MELVIN E.. FETTRO, DECEASED 4603 VALLEY ROAD SHERMANS DALE, PA 17090 MARK FETTRO, HEIR OF MELVIN E.~FETTRO, DECEASED 4603 VALLEY ROAD SHERMANS DALE, PA 17090 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MELVIN E. FETTRO, DECEASED 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 179404 - NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment maybe 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F 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 REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 179404 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LII~WISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, ' COUNSEL FOR PLAINTIFF WILL SEN3j DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FII.ED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION File #: 179404 OF THAT '1 IME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 179404 1. Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MELVIN E. FETTRO TRUST DATED 2/12/07 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 THE UNKNOWN SUCCESSORS, TRUSTEES AND BENEFICIARIES OF THE MELVIN E. FETTRO TRUST DATED 2/12/07 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 MICHAEL FETTRO, HEIR OF MELVIN E. FETTRO, DECEASED 141 HERMAN AVENUE LEMOYNE, PA 17043 " MARTIN ~'ETTRO, HEIR OF MELVIN E. FETTRO, DECEASED 4603 VALLEY ROAD SHERMANS DALE, PA 17090 MARK FETTRO, HEIR ' ' OF MELVIN E. FETTRO, DECEASED 4603 VALLEY ROAD SHERMANS DALE, PA 17090 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIlVIING RIGHT, TITLE OR INTEREST FROM OR UNDER MELVIN B. FETTRO, DECEASED 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 who is/are the real owner(s) of the property hereinafter described. 3. On 09/11/2007 THE MELVIN E. FETTRO, TRUST & MELVIN E. FETTRO made, executed and delivered a mortgage upon the premises hereinafter described to PLAIlVTIFF which mortgage is recorded in the Office of the Recorder of "° ~ ' CUMBERLAND County, in Instrument No. 200736611. The mortgage and File #: 179404 assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/15/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a d~.te specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon aze collectible forthwith. 6. The following amounts aze due on the mortgage: Principal Balance $88,061.07 Interest $6,776.31 11/15/2007 through 10/01/2008 Attorney's Fees $1,250.00 Cumulative Late Chazges $0.00 09/11/2007 to 10/01/2008 Cost of Suit and Title Search 550.00 Subtotal $96,637.38 Escrow Credit $0.00 Deficit .: $OAO.. ; _ Subtotal 0.00 TOTAL $96,637.38 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining ;principal balance in the event the property is sold to a third party purchaser at Sheriffs'Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a File #: 179404 separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. The mortgage premises are vacant and abandoned. 10. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. 11. This action does not come under Act 91 of 1983 because the mortgaged premise is not owner-occupied. 12. Mortgagor MELVIN E. FETTRO died on 11/29/07 and, upon information and belief, his surviving heirs are MICHAEL FETTRO, MARTIN FETTRO, MARK FETTRO AND MELVA FETTRO. 13. Plaintiff contacted the Register of Wills of CUMBERLAND AND YORK County and was informed as of 9/25/08, no estate has been raised on behalf of the decedent mortgagor. 14. By executed waiver, MELVA FETTRO waived her right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit" A". 15. Plaintiff hereby releases MELVIN E. FETTRO, from liability for the debt secured by the mortgage. 16. Plaintiffdoes not hold the named Defendants, THE MELVIN E. FETTRO TRUST DATED 2/12/07, UNKNOWN BENEFICIARIES OF THE MELVIN E. FETTRO TRUST DATED 2/ 12/07, MICHAEL FETTRO, MARTIN FETTRO, MARK FETTRO AND .THE UNI~OWN HERS OF MELVIN E. FETTRO personally liable on this cause of action File #: 179404 ('. and releases them from any personal liability. This action is being brought to foreclose - their interest in the aforesaid real estate only. 17. Defendants, THE MELVIN E. FETTRO TRUST DATED 2/12!07, UNKNOWN BENEFICIARIES OF THE MELVIN E. FETTRO TRUST DATED 2/12/07, MICHAEL FETTRO, MARTIN FETTRO, MARK FETTRO AND THE UNKNOWN HEI~tS OF MELVIN E. FETTRO have been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interests in the premises and have no personal liability for. the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $96,637.38, together with interest from 10/01/2008 at the rate of $21.11 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HAI.LINAN & SCHMIEG, LLP By. f ~~yrs' WRENC T. PHE ,ESQUIRE . CIS ~: HALLIN ,ESQUIRE AN1EL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDTTFi T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE 7ENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 179404 LEGAL DESCRIPTION LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN BOROUGH OF LEMOYNE IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 02/12/2007 AND RECORDED 03/05/2007 IN BOOK 278 PAGE 4978 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: 210 HERMAN Avenue PARCEL N0.12-22-0822-104 File #: 179404 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.RC.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and aze true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 PaC.S. Sec 4904 relating to unsworn falsifications to authorities. "~ T vr~~a ttorneyfor. Plainti DATE: ~4 ' - D PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Identification No.. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff WELLS FARGO FINANCIAL PENNSYLVANIA, INC. v. ESTATE OF MELVIN E. FETTRO, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION • I, MELVA FETTRO, Heir of the Estate of MELVIN E. FETTRO, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by WELLS FARGO FINANCIAL PENNSYLVANIA, INC, involving a mortgage secured on premises 210 HERMAN AVENUE, LEMOYNE, PA 17043-1937, which property was owned by decedent at the time of his death. " I hereby consent to the foreclosure action, without any fuElier"notice ofproceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: 9 5 '08 t/I',L?~a~ ~%~ ~ ~ Melva Fettro, Heir Of the Estate of Melvin E. Fettro ., ;~: * This firm is a debt collector. Any information we receive""will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage.