HomeMy WebLinkAbout06-03-10Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
_ Estate of Rosario J. Mani lia No. - /U ~ JT(~ 6
also known as ,Deceased Social Securi No. 089-16-4863 e~ N
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late of Lower Allen Township, Cumberland Coun ,Penns Ivania ~ ~ ~ }
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Petitioner, who is 18 years of age or older applies for. "' W r t
COMPLETE "A" OR "B" BELOW:) ~ c!> ~
C-; C:7 -n ~ ... - i
® A. Probate and Grant of Letters and avers that Petitioner is the executor named in the Lasof the t~ederi~; r,
dated _ Julv 27.2004 and codicil dated N/A ~-a .. ~ -; _-
a _ ~-~
Decedent's spouse, Dorothy M. Maniglia, has renounced her right to serve as a Co-Executor in favor of her son,
Richard J. Maniglia by Renunciation filed herewith
State relevant arcumstences, e.g., renunpatwn, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent:
^ B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente life; durente absentia; dureMe minoritate)
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following
Spouse (if anvl anti hairc•
ALL
sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence
at 5225 Wilson Lane Apt 328 Mechanicsburg Lower Allen Township Cumberland Countv Pennsvlvania 17055
(hst street, number and mumapaltry)
Decedent, then 90 years of age, died May 3.2010, at Holv Spirit Hospital East Pennsboro Township Cumberland
County, Pennsvlvania
(t.ooetion)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property .................................. $2,600.000.00
..............................................
not domiciled in PA) Personal property in Pennsylvania ............................................ $
(If not domiciled in PA) Personal property in County ...................................................... $
Value of real estate in Pennsylvania ................................................................................................... $
Total ..................................................................................................................................... $2 600 000.00
Real Estate situated as follows: NONE
Wherefore, Petitioner respectfully requests the probate of the last Will and Codicil(s) presented with this Petition and the
grant of letters in the appropriate form to the undersianeri~
t ypeo or printed name and
-~ , //~-<.~~~~..,,.;, Richard J. Maniglia
PA 1930
. vnn n""-, rn8e i m t tuaupmn county -Rev. Bfli2)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and
correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent,
Petitioner will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed / __ ~ J ~ yt'~`-~ ~`"'
before me this ~~ day of
20
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DEC
Estate of
also known as
Social Security No
089-16-4863 Date of Death May 3, 2010
AND NOW, ~ ~ ~.- ~ ~ , 2010, in consideration
of the Petition on the reverse side reon, satisfactory proof having been presented before me,
IT IS DECREED that Letters ®Testamentary ^ of Administration
(c.t.a.; d.b.n.c.t.; pendente liter durante absentia; durante minoritate)
are hereby granted to Richard J. Maniglia
in the above estate and that the instrument(s), if any, dated July 27, 2004
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES ~' ~ ~ ~ /
Letters .................................. $ I ~ ~Ul~. ~ egister of W I s ~ 2~
~~~~
Short Certificate(s) ............... $ c~(~. ~
Renunciation ........................
Affidavit ( ) .........................
Extra Pages ( ) ..................
Codicil ..................................
JCP Fee ...............................
Inventory & Tax Forms
Other ............................
$ 5.~
$ ~?~ a~
_h ~
TOTAL .................... $ ~ ~j~~~~
Rosario J. Maniglia, Deceased
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Attorney: Peter J. Ressler, Esquire
I.D. No.: 06844
3401 North Front Street
Address: Harrisburg, PA 17110-0950
Telephone: 717-232-5000
DATE FILED: ~ ~ 3 -I y
Form RW-1 Page 2 of 2 (Dauphin County -Rev. 9/92)
527422v1
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ Fee for this certificate, $6.00
P 16177583
Certification Number
1 REV 11/20EE
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COMMONYVEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH .VITAL RECORDS
CERTIFICATE OF DEATH
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Rosario J. Maniglia, M.D. Male 089 - 16 - 4863 May 3> 2010
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This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records yO,f~fice for permanent filing.
~2-yn- ~'C ~ MAY 0 61010
Local Registrar Date Issued
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ROSARIO J. MANIGLIA ~_.
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I, ROSARIO J. MANIGLIA, of 5225 Wilson Lane, Mechanicsburg, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament,
hereby revoking all Wills and Codicils by me at any time made.
ITEM I: I direct that all inheritance and estate taxes becoming due
by reason of my death, whether payable by my estate or by any recipient of any property, shall
be paid by the Executor out of the residue of my estate, as an expense and cost of administration
of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any
such tax so paid, even though on proceeds of insurance or other property not passing under this
Will.
ITEM II: I direct the Executor to pay the expenses of my last illness
and funeral expenses from the residue of my estate as an expense and cost of administration of
my estate.
ITEM III: If I die before my wife, DOROTHY M. MANIGLIA, I give
to her all of my household furniture and fiunishings, books, pictures, jewelry, silverware,
automobiles, wearing apparel and all other articles of household or personal use or adornment
and all policies of insurance thereon. If I do not die before my wife, I make this gift to my son,
RICHARD J. MANIGLIA, if living at the time of my death, otherwise to my issue, per stirpes,
to be divided among them as they shall agree. The Executor shall represent any minors in the
division of this property. If the Executor thinks any property to which a minor child would
become entitled is unsuitable for the child's use, the property shall be sold and the proceeds shall
be added to the share of my residuary estate held for the benefit of that child. The Executor may
deliver any property to which a minor is entitled and which is not sold to the person with whom
Page 1
the child resides or who has the care or control of him (without bond), and the receipt of that
person shall be a complete release of the Executor
ITEM IV: I give the residue of my estate to my wife, DOROTHY M.
MANIGLIA, and my son, RICHARD J. MANIGLIA, as Trustees, (herein collectively referred
to as "Trustee"), IN TRUST, to be divided into two parts, each of which shall constitute separate
trust funds to be known as "Trust A" and "Trust B".
"Trust A": "Trust A" shall consist of the lazgest amount that
can pass free of Federal estate tax under my Will by reason of the unified credit
and the state death tax credit (provided that the use of this credit does not require
an increase in state death taxes) allowable to my estate but no other credit and
after taking account of dispositions under other items of this Will and property
passing outside of this Will which do not qualify for the marital or charitable
deduction and after taking account of charges to principal that are not allowed as
deductions in computing my Federal estate tax. For purposes of establishing the
amount to be placed in "Trust A", the values finally fixed in the Federal estate tax
proceeding relating to my estate shall be used. I recognize that this amount may
be zero (0), in which case no property shall pass under "Trust A". I also
recognize that this sum may be affected by the action of the Executor in
exercising certain tax elections.
"Trust B": The balance of my residuary estate not placed in
"Trust A" shall be placed in "Trust B".
ITEM V: The following provisions shall apply to "Trust A":
(a) The Trustee shall pay to my wife, DOROTHY M. MANIGLIA,
during her lifetime, the net income in convenient, at least annual, installments.
(b) During the lifetime of my wife, the Trustee shall pay to or for the
benefit of my wife so much of the principal of this Trust as may be necessary, in
the sole discretion of the Trustee [other than my wife], for her proper support,
Page 2
maintenance, medical care after considering all other resources available to my
said wife to maintain her, including proper support, maintenance and medical
Gaze.
(c) Upon the death of my wife, or upon my death if she fails to survive
me, the Trustee shall distribute outright all principal and accumulated income to
my son, RICHARD J. MANIGLIA. If my said son does not survive me, the
Trustee shall create as many equal shazes as there are then living grandchildren of
mine. Trustee shall hold one share as a sepazate Trust for the benefit of each
grandchild as provided in subparagraphs (d) and (e) that follow.
(d) In each Trust established for the benefit of each grandchild, the
Trustee shall quarterly pay the net income to or for the benefit of that grandchild.
As soon as any grandchild attains the age of twenty-five (25) yeazs, and in no
event later than twenty (20) years following the death of myself or my wife, the
Trustee shall distribute the remaining principal and accumulated income from that
grandchild's share to said grandchild.
(e) If, before final distribution of the assets of any Trust established
for a grandchild, that grandchild should die, his or her share shall be held for that
grandchild's issue, or upon default of issue added equally to the other shazes
originally created hereunder.
(f) In the event I am not survived by my wife, DOROTHY M.
MANIGLIA, or any issue, or in the event there are no issue of mine surviving
upon the termination of any Trust, the principal shall be distributed as follows:
(i) Thirty (30%) percent of the undistributed principal
and accumulated income shall be paid to the HOLY SPIRIT
HOSPITAL, Camp Hill, Pennsylvania;
Page 3
(ii) Thirty (30%) percent of the undistributed principal
and accumulated income shall be paid to the DREXEL
UNIVERSITY SCHOOL OF MEDICINE, Philadelphia,
Pennsylvania;
(iii) Ten (10%) percent of the undistributed principal
and accumulated income shall be paid to ALLENDALE CHRIST
PRESBYTERIAN CHURCH for general administrative purposes;
(iv) Ten (10%) percent of the undistributed principal
and accumulated income shall be paid to the AMERICAN RED
CROSS;
(v) Ten (10%) percent of the undistributed principal
and accumulated income shall be paid to the HOSPICE OF
CENTRAL PENNSYLVANIA;
(vi) Ten (10%) percent of the undistributed principal
and accumulated income shall be paid to CATHOLIC
CHARITIES OF THE DIOCESE OF HARRISBURG,
Pennsylvania.
ITEM VI: The following provisions shall apply to "Trust B":
(a) Trustee shall, beginning at my death, pay over the net income in
convenient, at least quarterly, installments to my wife, DOROTHY M.
MANIGLIA, during her lifetime. The Trustee shall also, from time to time, pay
to my wife so much of the principal of this Trust as the Trustee deems necessary
for the proper support, maintenance and medical care of my wife.
Page 4
(b) Upon the death of my wife, the Trustee shall pay all accrued
income and all income accumulated but undistributed to the estate of my deceased
wife. The Trustee shall thereafter transfer the principal of this Trust to "Trust A"
to be held, administered and distributed in accordance with the provisions of
ITEM V of this Will.
(c) If my wife should not survive me, the provisions of "Trust B" shall
be void. The part of my estate which would have constituted "Trust B" shall be
added to "Trust A" to be disposed of in accordance with ITEM V of this Will.
(d) The Executor is authorized in the Executor's exclusive and
unrestricted discretion to determine whether to elect (under Section 2056(b)(7) of
the Internal Revenue Code of 1986 as amended, or any corresponding provision
of the Federal estate law), to qualify all, none or a fraction of "Trust B" for the
Federal estate tax marital deduction. The Executor's decision with respect to this
election shall be binding upon all persons. Only property which is fully eligible
for the marital deduction under Federal estate tax law shall be assigned to this
Trust. Notwithstanding anything to the contrary contained in this Will, the
Trustee shall not retain or invest in any property which is or becomes
unproductive. Notwithstanding the provisions of subparagraph (b) of this Item,
the Trustee shall promptly pay to the Executor of my wife's estate, out of the
principal of this Trust upon the death of my wife, an amount equal to the estate,
inheritance, transfer, succession and other death taxes ("death taxes"), Federal,
state and other, payable by reason of the inclusion of the value of Trust property
in my wife's estate. This payment shall equal the amount by which (1) the total
of the death taxes paid by my wife's estate exceeds (2) the total of the death taxes
which would have been payable if the value of the Trust property had not been
included in her estate. My wife's Executor shall determine the amount payable,
Page 5
and the determination shall be final. The determination of the amount due shall
be based upon values as finally determined for Federal estate tax purposes in my
wife's estate. After payment of the amount determined to be due hereunder, the
Trustee shall be discharged from any further liability with respect to payment.
My wife may waive her estate's right to payment under this subparagraph by
Will, executed after my death, in which she specifically refers to this right.
ITEM VII: No part of the income or principal of any Trust created by this Will
shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or
receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal
distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified
by me, as their interests may appear, without regard to any attempted anticipation, pledging or
assignment, and without regard to any claim or attempted levy, attachment, seizure or other
process against the beneficiary.
ITEM VIII: The Executor and the Trustee shall each possess the following
powers, each of which may be exercised in a fiduciary capacity only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named that bank
as the Executor or Trustee.
(b) To vary investments, and to invest in bonds, stocks, notes, real
estate mortgages or other securities or in other property, real or personal, without
being restricted to so-called "legal investments", and without being limited by any
statute or rule of law regarding investments by fiduciaries.
(c) In order to divide the principal of a Trust or for any other purpose,
including final distributions, the Executor and Trustee are authorized to divide
and distribute personal property and real property, partly or wholly in kind, and to
allocate specific assets among beneficiaries and Trusts so long as the total market
value of each share is not affected by the division, distribution or allocation in
Page 6
kind. The Executor and Trustee are each authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including giving of
mutual deeds, or other obligations, with as wide powers as an individual owner in
fee simple.
(d) To sell either at public or private sale real and personal property
severally or in conjunction with other persons, and to consummate sale(s) by
deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title.
No purchaser shall be obligated to see to the application of the purchase money or
to make inquiry into the validity of any sale(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments, options or
other writings as necessary or convenient to any of the power conferred upon the
Executor and Trustee.
(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any person, including the Executor or
Trustee, to pay indebtedness of mine or of my estate, expenses of administration
or inheritance, legacy, estate and other taxes, and to assign and pledge assets of
my estate or any Trust established by this Will. This paragraph shall not be
construed to authorize borrowing from "Trust B".
(g) To pay all costs, taxes, expenses and charges in connection with
the administration of my estate or any Trust established under this Will. If any
death taxes are payable with respect to my estate, these taxes shall be paid from
"Trust A".
(h) To make distributions of income and of principal to the proper
beneficiaries, during the administration of my estate, with or without court order,
in such manner and in such amounts as the Executor deems prudent and
appropriate.
Page 7 ~
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(i) To vote shazes of stock which form a part of my estate or any Trust
established under this Will, and to exercise all the powers incident to the
ownership of stock.
(j) To unite with other owners of property similaz to property in my
estate to carry out plans for the reorganization of any company whose securities
form a part of my estate.
(k) To disclaim any interest in property which would devolve to me or
my estate by whatever means, including but not limited to the following means:
as beneficiary under a will, as an appointee under the exercise of a power of
appointment, as a person entitled to take by intestacy, as a donee of an inter vivos
transfer, and as a donee under athird-party beneficiary contract.
(1) To prepare, execute and file tax returns of any type required by
applicable law, and to make all tax elections authorized by law.
(m) To employ custodians of property, investment or business advisors,
accountants and attorneys as the Executor or Trustee deems appropriate, and to
compensate these persons from assets of my estate or trust, without affecting the
compensation to which the Executor and Trustee aze entitled.
(n) To divide any Trust created in this Will into two or more separate
Trusts so that inclusion ratio for purposes of the generation-skipping transfer tax
shall be either zero or one, in order that an election under Section 2652(a)(3) of
the Internal Revenue Code may be made with respect to one of the separate
Trusts, or for any other reason.
(o) To do all other acts in their judgment necessary or desirable for the
proper and advantageous management, investment and distribution of the estate
and Trusts established under this Will.
Page 8
ITEM IX: The Trustee is authorized to distribute principal and/or
income in any one or more of the following ways if the Trustee, in the sole discretion of the
Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best
interests, or if the beneficiary is under a legal disability:
(a) Directly to the beneficiary;
(b) To the Trustee, or to another person selected by the Trustee, as
custodian under the Pennsylvania Uniform Transfers to Minors Act as to a
beneficiary under the age of twenty-five (25) years;
(c) To a relative of the beneficiary, to be expended by that relative for
the benefit of the beneficiary; or
(d) By directly applying distributions for the benefit of the beneficiary.
This power shall not apply to any trust which has qualified for the marital deduction in my estate.
ITEM X: Any person who has died at the same time as I have, or in a
common disaster with me, or under such circumstances that the order of our deaths cannot be
established by proof, or within thirty (30) days of my death, shall be deemed to have predeceased
me.
ITEM XI: I appoint my wife, DOROTHY M. MANIGLIA, and my
son, RICHARD J. MANIGLIA, to be the Executors, collectively referred to as "Executor". In
the event of the death, inability or refusal of both to serve as Executor, I appoint
MERRILL LYNCH TRUST COMPANY of MERRILL LYNCH, PIERCE, FENNER & SMITH
INC. to be the Executor in their place. I appoint my wife, DOROTHY M. MANIGLIA, and my
son, RICHARD J. MANIGLIA, as Trustees, collectively referred to as "Trustee". In the event of
the death, inability or refusal of either to serve as Trustee, I appoint the aforesaid
MERRILL LYNCH TRUST COMPANY as Trustee hereunder. The Executor and Trustee
Page 9 !~
are specifically relieved from the duty of filing bond or entering security, and
MERRILL LYNCH TRUST COMPANY's fee schedule at the time of my death shall control
compensation to be paid for its services.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
Testament, consisting of this and the preceding nine (9) pages, at the end of each page of which I
have also set my initials for greater security and better identification this ~ ~ day of
,, ~/"~ , 2004.
a( (SEAL)
ROSARIO J. MANIGLIA
We, the undersigned, hereby certify that the foregoing Will was signed, sealed,
published and declared by the above-named Testator as and for his Last Will and Testament, in
the presence of us, who, at his request and in his presence and in the presence of each other, have
hereunto set our hands and seals the day and year first above written, and we certify that at the
time of the execution thereof, the said Testator was of sound and disposing mind and memory.
- ~n c,:.~
~ ~~~
Residing at ,~ z2.s ~/ lsc~. ~..,.1_
'Y,bt1.t~-e~~-4.~~-.-~, /4 /7 o I~1
r
Residing at ~y'oo '~~
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS..
COUNTY OF
I, ROSARIO J. MANIGLIA, Testator, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and
that I signed it as my free and voluntary act for the purposes therein expressed.
~~ (SEAL)
ROSARIO ANI IA
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS..
COUNTY OF
W e, ~e,a~~r-~, .c,, t~Li ~..v ,r. j.,_ ,and ~rts`~rL ~ ~,~ ~ ~ ~~,e ,the
Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw Testator, ROSARIO J.
MANIGLIA, sign and execute the instrument as his Last Will and Testament, that Testator
signed willingly and that he executed said Will as his free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testator signed the Will as
Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or
more years of age, of sound mind and under no constraint or undue influence.
Witness Witness
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS..
COUNTY OF DAUPHIN
On this, the ~ day of Jul , 2004, before me, a notary
public, the undersigned officer, personally appeared PETER J. RESSLER, known to me or
satisfactorily proven to be a member of the bar of the highest court of Pennsylvania, Supreme
Court ID No. 6844, and a subscribing witness to the within instrument and certified that he was
personally present when the foregoing acknowledgment was signed by the Testator,
ROSARIO J. MANIGLIA, and the affidavit was signed by the witnesses; and that said persons
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal..
(SEAL) MME NW T F P NNSYLV
400764v1
Notarial Scat
gusJgy~~ 7~ N Public
MY Commission Eicpi~~ l~ ~~
Member, Pennsylvanle Agepgaypn ~ i~ouHtee
~ ~~ ~-d
No Public
My Commission Expires: ~ -~ ~ .-a ~
r
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
„,~~ r, ,.,,.-,,,,~
~~ JI',i~ ~ vi' iVi. ~.. ~j
2Q10 JUN -3 PM 12~ ! 3
CLERK Ofi
ORtPNta'~'S COURT
Estate of Rosario J. Maniglia ,Deceased
I, Dorothy M. Maniglia , in my capacity/relationship as
(Print Name)
wife of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Richard J. Manislia (son of Decedent
~ 1-~~ ~ °~
(Date) (Signature)
~ 5225 Wilson Lane
(Street Address)
Witness Mechanicsburg, PA 17055
(City, ware zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this day
of
Notary Public
My Commission Expires:
(SignaNre and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
526997v1
Form RW-06 rev. 10.13.06
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF DAUPHIN
On this, the ~ day of June, 2010 ,before me, the undersigned officer, a
notary public in and for said county and state, personally appeared PETER J.
RESSLER, known to me (or satisfactorily proven) to be a member of the bar of the
highest court of said state, Supreme Court ID Number 6844, and a subscribing
witness to the within instrument, and certified that he was personally present when
DOROTHY M. MANIGLIA, whose name is subscribed to the within instrument
executed the same, and that the said person acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
4. ~`,
No ary Public
(SEAL) COMMONWEALTH OF pENN5YLVANL4
Notarial Seal
Joan E. Brothers, Nmtary public
Susquehanna TWp., Dauphin County
Comml~ion 1116 Feb. 12 2014
Member. PennsvNanle Aeodatlon of Nbtane6