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Home My WebLink About03-15-12( ~FC~P;`~~~) i:F tCE OF PETTTION FOR GRANT OF LETTERS ~`~`'"~ `"~ ~`~~ 1!1~~'~' S REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNS~ S ~~ ~ R ~ O4 Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specifie ~~F~d in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropri ,S CQ();~T Decedent's Information Name: Dorothy M. ManiQlia a/k/a: a/k/a: a/k/a: Cl1ME3rRl.A~~~ ~~~ , PA File No• 02~ - la - D.3~ ~' (Assigned by Register) Social Security No: 286-03-8299 Date of Death: February 28, 2012 Age at death: 92 Decedent was domiciled at death in Cumberland County, pennsylvar»a (Stare) with his/her last principal residence at 5225 Wilson Lane. Apt. 328. Mechanicsbur¢ Lower Allen Township Cumberland County PA 17055 Street address, Poat OfRee and Ztp Code City, Township or Borough County Decedent died at 5225 Wilson Lane. Apt. 328. Mechanicsbure. Lower Allen Township. Cumberland County PA 17055 Stmt address, Post Office and Zip Cade C[ty, Township or Borough Coanty State Estimate of value of decedents property at death: Ifdomtcikd In PennsylvanJa ............................ All personal property $ 2,900,000.00 Ijnot domkikd in Pennsylvania ........................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania ........................ Personal property in County $ Value ojreal estate in Pennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $ 2.900.000.00 Real estate in Pennsylvania situated at: (Aaach additional rheetr, tjnecurary.) Street address, Poat Oface and Zip Code City, Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated July 27, 2004 and Codicil(s) thereto dated N/A. Rosario J. Mani¢lia predeceased the decedent on May 3.2010. State relevant clrcamstsncea (eg. renuncladon, death ojesecuwr, cta) Except as follows: after the execution ofthe instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS ®EXCEPTION3 ® B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., d.b.n.c.t.a., pendente cite, durante absentia, durance minoritate If Administration, c.ta. or db.n.c.ta., enter date of Will in Section A above and complete list of heirs. Except es follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated as incapacitated person. ® NO EXCEPTIONS ~ EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (ifany) and heirs (attach additional sheets, ifneeessary): Name Reladonahin Address Form RW-01 rev. 10/11/1011 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND r r-, °, - ..~1 '=~~~' L~ i~~l~iti I ~ Fil ~ ~ ~ ; ~ !~ ~~ Petitioner(s) Printed Name Petitioner(s) Printed Ad Richard J. Mani lia 1514 Greenlawn Road Paoli PA 19301 CU~1r' ~;.: ~~ ~' ,'~`~V~, ~ ~ 1r The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent, the Petitioner(s) will well aRd truly administer the estate according to law. Sworn to or affirmed and subscribed before ~~-~-- ~ .) ~ L' ~ 1L'-- Date 3 - l~ ' ~ 2 me this, ~~ay gf'~~(~~b2 f~ Date By: Date Date U BOND Required: Q YES ~O FEES: Letters ...................... $ 1,610.00 ( )Short Certificate(s)...... 20.00 ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other Will ........ 15.00 Automation Fee ............... 5.00 JCS Fee ..................... 23.50 TOTAL ..................... $ 1.673.50 To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: Printed Name: Mark D. Hipp, Esquire Supreme Court ID Number: 84493 Firm Name: Mette, Evans & Woodside Address: 3401 N. Front Street Pn Aox 5950 Harrisburg, PA 17110-0950 Phone: 717-232-5000 Fax: 717-236-1816 Email: mdhipF(~mette cnm DECREE OF THE REGISTER Estate of Dorothy M. Maniglia File No: ~ ~ - ~~ - ~~~~ a/k/a: AND NOW, ~~~~ l~ ~~ 11..~j ~~~1 ,r~_, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Richard J. Maniglia _ in the above estate and (if applicable) that the instrtunent(s) dated July 27 2004 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~ '0 ~-~f~1r ~ ~ ~S ~~ ~L ~~ egister of Wills ~O ~ ~ L '(1 ~~~'.1. 'L ~ }r1_ ~ ~` ~ ~" Form RW-02 rev. Joiiiizoil Page 2 of 2 P145.Rps RxV r9C I? /,~ -3/5 LOCAL REGISTR~IR'S CERTIFICATION OF DEATH WA I 1 J~s~;~l(~ duplicate this copy by photostat or photograph. IL; , v.:. ~.: .. ~ ;~ Fee for this certificate, $6.00 This is to certify that the information here given is a~ ~ 2 ~~R (5 d~ ~ ~ ; ~ 4 correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwazded to the State Vital ~~ S O~~~ST Records Office for permanent filing. P 1 81 ~ 0 7 7 A c~~n~r~E~G ar~o cc~ . PA ~ ~ Ma o 2 12 Certification Number type/Prim In Permanent '~ ^~ _..~, X~ cy -~ '` ~~ Local Registrar. _Date Issued COMMONWEALTH OF PENNSYLVANIA ~ DEPARTMENT OF HEALTH . VIT4L RECORDS f CQT~CtE"ATF AC 1'1CATLJ _ _. • 3. D•otlent•e lap Neme (Flret. MI tlle, Cart, bumx) Z. Sax 3. Socl•I Security Number 4. Date p De• MO/Day r) (SOall Me) Doroehy M. Maniglia Female 286 - 03 - 8299 ebruary 28, 2012 •. Aff-Last Birthtlry Yn Sb~ n •r l Yfar Sc. Untl•f 1 O• 6. Date of Birth (MO D•y/Ygr) (Spat MOmh) 7e. Birthplace (CI en Swte or FOMIfn Leunhy) ry lairH H Menihs Dayz HOars Minutia Be l g2 July 3 . 1919 7b. Bin:hpbu (County) Belmont f•. RNI coca h pr FOrolfn CAYn[N) fb. Rlaltlenu Street end Number - Inclutle Apt NO.) 8c. DI Decltlan[ Llye In • Towns ipi Pn n lvanla 5225 Wil6on Lane. ROOm 38 Yes, de<ed.nt uyetl In Lower Allen tyyp, etl. well nu Leanty Cumba nand fa. Rom.no (zip ease) 17 55 p Np, d•e•tlanc uy.d wbmn umhe pf uty/eero. 9. lWr In U9 A[m•d Ferclsi 10. MlrhN bt•tuf •[T{m• e} Duth MarAed WItlOWe 11. SurvWInB SOOUie'f Nem! (If will, Elv! n•m! prlOr t0 flM mlrrlefe p Yes ®No ~ Unknown Q Divorced Q NaV•r Merclatl p Unkno W 13. Father's Neme al.rt, Mitltlle, Lea[, suNlx) 13. Mother's Name Prier W F rtt Mardeie (First, Middie, tart) 34a. In cot's Nam. 14 . RehtlOnship to Decetlant rm 14c. Informant's Mellinf Atltlroaa (btroet end Number, Chy, bww, Zlp Co e) Richard J. Mani 11a MD Son 1514 Greenlawn Road Paoli PA 19301 ........... ............................... ....... ......................................... N D••Ch OeeYmatl in ! HospKa~'~~ ~ ~ t~ Inpatient .. ....... ~:...~fL.... ~~t......!..._?^.Y.one.,............................ ................................... ................................... 11 Death Occurt•tl 5omawharo OMer Than • Hospital: ~( Hospice Facility r~ U•cetlent's Heme Em• •n ROOm/OU afhn[ De•tl en Arclvel Narsln HOma/LOn Tfrm Core Faclll O[h•r (bpeclry) 36. FMIM Nem• (I net InsNtutlon, fWe ftroet entl nYmbeY~ ISC. LI[y or Town, State, entl 21p Cgde 16d. LoanCY of Death 13•. Method o1 sposKlon BurN Lrometbn lEb. D•w of Dlfee alHen M h p 16c. Platt of piapesl[lon (Name oT cemewry, crematory, er ether place) p RemoyIfrom stag p Dpnatmn Other • arc b , Indian COw11 Gap National Cf!metary w 39 . Location of DKpulekln (City er o n, SteN, a.M Zip lie. 51 al Service Llunsea or Plrfon in Charfe of Interment 1 b. Ucense NYmber Annv111e, PA 17003 FD 012 848 L STc. Name entl Cpmple[• Atltlfaff of Funarel Facility be an 1 O ~ If. Deu nt • E Yu[len - ChKk [h• ex that best defcribef the 19. Decadan! a Hispanic OAfin - Check t • 20. Dec! ant's Race -Check ONE OR MORE rocs to Indicts whet hlfhea[ tlefr•• er level of school comphhd at [A! [Ime e} tlaaM. box the[ best tl•sttibas whether [he tl•cedent the tlecetlan[ consitlerod himself or herself to be. 0 lthfrotle Or leas - Kbpaniah/HHPanlc/latin0. Check the "NO" ~ White p KOroen p No dlPleml, 9M - 12Ch trade box If deeetlent Is not sPanlsh/HlsPsnle/La<Ino. p BI•ek er Afrtun American p VI•enemise ~ Hlfh sphOOl frotluaw er GED completed ®No, not Spenlsh(Hlsunic/WtMe p AmaHCan Intll•n er Alaska Natty ~ Other Asian Q Game mllge crotlK, but n0 tlefroe p Yes, M•Kiden, Mexican American, Chic•n0 Q Asian Indian 0 Na[IVe Hawaiian ~ AsiOelah tlgroe (a.f. AA AS) Q Yes, Puerto Rlun p ehln•fe Q Guamenhn or Chamamo m Mchelor'a tlefrq (•.{. BA, AB, BS) Q Yes, Cuban p FII)P1no p bemoan 0 Nester's d•froe (e.f. MA, Mb, MEnf• MEd, NSW, MBA) p Y•f, other Spanish/Hispenic/Latlne 0 lepanefs p Other Pacifc Islentl•r p Docterata (a.f. PhD, EOD) or Prohsflenel d•froe (Sp•ciry) O Other (bpeciry) e. . MD O VM LLB lD ZI. Dec•dint s Sloth Rau Self-Desifnatlen -Check ONLY ON! to Indicate what the tlecedanf censlderetl himself Or hlrsal} to be. 22e. DacedentY Ufual OccupaClon - Intllca[e type of wedr p WhKa p l•pen•sa p Samoan done durlnf most of worklnf Iih. DO NOT USE RETIRED. 0 flack or Ahlun Am•rIC/n Q Koroen ~ Other Pacific Hhnder RH iBtered NurHH ' S KPOW/Net Sure p Am•HUnlntllan pr Alaska Native (~Vlatnamefa pDOn 0 Aahn Intllan Q Other Asian ~ Rafussd 22b. Kind elfusln•ss nduttry p Lhin.fe Q Natlyw Hawaiian O Othlf (SPetIN) d F111pM0 p GY•m•nl•n or Lhamorro Healthcare a. a[e o Oe• Mo ey . 3 fnatur! o P•non ronouncinf Deat On y w M app v • 23 c. Llcensa Num er r OY p O B4y~RfON WNO PRONOUNCES OR l~J LIJ O ~4A/S~7//l.~a~G lid. •tf Slfnatl MO ay 24. Time Of Death 35- Wb Medlin Exf er Or CAroneY ConwctWT p Yef NO CAlJSE OF DEATH ApprOxlmete 36. Part 1. Enter [h• Ehaln of events-diseaeas, InjuYles, or dempll<etlOns-tha<direttly caused th! tleaM. DO NOT enter wrminal events such az ardlec artest In[erval: ABBREVIATE. Enter only one cause On a Ilne. Add •tltll<lenal Ilnes If necessary I Onset to Death T O rosplrotery erroR, or ventYleular flbrllle[lOn without ahewlnf [ha atlelefy. DD N f ~ ~ IMMEDIATE CAUSE - ----P a I t~ ~ ~ ( .T, ~ ` ~ # ~ (yT~~ (Final dlNafe Or cendl<Ipn DY• t0 (OY as a consegYenca O1): rowKinf In tlgth) S ~. N ( L ~ (~ ~'l'3'7 ~f`/ -(-~ /~ { b. batluentl•Ily Iht rondltlens, Due to (or is a rAnalqulncs of): 1 If anY, h•tlln{ [o the c•usa i II•wd on Iln• e. Enter the c. i VNDMLy1NH CAUSE Due to (oY as a donaegaenca oft: (dhgse or Injury Met Inrthwa ehe eyentf resuKlne d. 1 es In death) MST. Dul [o (or • cometlueno of): i 3E. P•N 11. Enter ether bV[ not resultant In [ha undarlylnf cause flvan In Part 1 37. Waf an au[opsy perform T Y s o 2f. Wert autopfy flndlnfs available tp comple[e the cause of tlalthT a. Ves No 29. 1y 30. Dld Tobacco Use Contribute to DfathT 31. Manner of Death Y •a ~ PYObabIY {3'f'la[urel p HOmlclOe p ~ Not Preen•nt wKhin Pas[ Y•ar . .,. ! p pr•fnant ae time Of death rp •~o p unknown p Accltlene p Pendln f Invstifatlon ~' Not Prefnant, but Pryfn•n<within 42 tlaYS of death ~ Suicide ~ Gouid no[ be tletermined NOt pufnant, but profnan<43 tlaYa to 1 ye•Y before tlea<M1 33. Date Ot injury (MO/Day/Vr (Spell Month) p Unknown II pr•fnan[ wltM1ln the peat year 33. Time of Injury 3l. phca Injury e.R. MOmI: wnatructlon altar f•mr; ache0l) 33. Locatbn Pf IrtJury (b[rcet !nd Number, QtY. State. Zlp Lo e) 36. Inury at Work 9T. ItTronspOrt•[lon Injury, Spac{Iy: 33. Describe How Injury Occurretl: p vo [] Dreyer/operator p vedeatNan p NP p Passenfer O Other (SplClry) 39a. er (Check on y one GrtKylnf Physician - Te the bert of my knowledf•. tleaCh occurred due to the cauu(s) entl manner awted ~ pronouncing d CertlNlnf physician -Te Ma b•sC of my knowletlf•. death eccurrad at the Nme, date, entl place, entl tlue [o the uuN(s) entl manner rts!•d Q Metlic•1 Examiner/COrOn•r - On the bests of examinatlen, entl/or Inyestlfatlon, In my oplnien, death occurred at the [Ime, date, and place, and tlw [D the oase(s) end m nner rt•wtl Slina<Yr• W efrtlfler: ~L47, /~r~' Ttla of csr[Ifler: M~ Ucenu Number: M~ i{-2( ~[ fS0 39 Neme, Adtlress end ZIP Cotle o1 Person ComPletlnE 4ys• of Death (Item 26 /~ d l ~ IZ 1~ ' ' " 39c. Dew Sifn•d (Me ey/Vr) \r,1 VT [ e 1 1 l , 1 ) o I I 3 In S L TYi h V~17. vlrl')-rx tin IAA d,' ~ zet ) 1 >_ • ror s str tt Num er 41. Rai serer a tow a eflstror Flla D•ta o ey r ~~ ~ -~~~ ~. ~ l~~ 43. Amentlm•nta ' L/ DIfp051[Ipn Plrmlt No. C J~ (CJ OAT "I H105-143 REV Di/2011 /~ - ~3~s ~# ~u ~~~ t OF ~, ~Q ,,,, ~, DOROTHY M. MANIGLIA ~~~ ~ c~ o _~ ~_~ ~..J ~ (/~ ~ C31 - r r-~ I, DOROTHY M. MANIGLIA, of 5225 Wilson Lane, Mechanicsburg, ~~ ~ -~`' ,ate _ `= ~' Cumberland County, Pennsylvania, do make, publish and declare this to be my Last ~rl~ and `~ ~ 0 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 husband, ROSARIO J. MANIGLIA, I give to him all of my household furniture and furnishings, 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 husband, 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 N: I give the residue of my estate to my husband, ROSARIO J. MANIGLIA, and my son, RICHARD J. MANIGLIA, as Trustees, (herein collectively referred to as "Trustee"),INTRUST, 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 mazital or charitable deduction and after taking account of chazges 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 husband, ROSARIO J. MANIGLIA, during his lifetime, the net income in convenient, at least annual, installments. (b) During the lifetime of my husband, the Trustee shall pay to or for the benefit of my husband so much of the principal of this Trust as may be necessary, in the sole discretion of the Trustee [other than my husband], for his Page 2~="-~ proper support, maintenance, medical care after considering all other resources available to my said husband to maintain him, including proper support, maintenance and medical care. (c) Upon the death of my husband, or upon my death if he 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 separate 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) years, 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 shaze shall be held for that grandchild's issue, or upon default of issue added equally to the other shares originally created hereunder. (f) In the event I am not survived by my husband, ROSARIO J.. MANIGLIA, or any issue, or in the event there aze 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 ~~/~ L~ (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 husband, ROSARIO J. MANIGLIA, during his lifetime. The Trustee shall also, from time to time, pay to my husband so much of the principal of this Trust as the Trustee deems necessary for the proper support, maintenance and medical care of my husband. Page 4 ~I~~jy~- (b) Upon the death of my husband, the Trustee shall pay all accrued income and all income accumulated but undistributed to the estate of my deceased husband. 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 husband 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 husband's estate, out of the principal of this Trust upon the death of my husband, 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 husband's estate. This payment shall equal the amount by which (1) the total of the death taxes paid by my husband's estate exceeds (2) the total of the death taxes which would have been payable if the value of the Trust property Page 5 had not been included in his estate. My husband's Executor shall determine the amount payable, 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 husband'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 husband may waive his estate's right to payment under this subparagraph by Will, executed after my death, in which he 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 regazd 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 Page 6 ~~~ 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 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, Page 7 ~/~ in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares 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 similar 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 are 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. Page 8 (~Sl'~`!~72~ (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. 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 husband, ROSARIO J. MANIGLIA, to be the Executor, herein referred to as "Executor". In the event of his death, inability or refusal to serve, I appoint my son, RICHARD J. MANIGLIA, to serve as Executor. In the event of Richard J. Maniglia's death, inability or refusal to serve, I appoint MERRILL LYNCH TRUST COMPANY of MERRILL LYNCH, PIERCE, FENNER & SMITH INC. to serve as Executor. I Page 9~`~y ~ appoint my husband, ROSARIO J. 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 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 ~ 7~` day of 2004. a~C~ ~. , ~,._. (SEAL) DOROT M. MANIGLIA We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and yeaz first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. P.w,,,~-- ~ ~c'~,r....~.P~ Residing at ~~ C~h.~.~~ ~QQ v-~~ / c~ ~ Z off ~- Residing at S~ z s w, (~. ~..Q , ~, ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS.. I, DOROTHY M. MANIGLIA, Testatrix, 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. Nu,~..~., J'h . ~i ~ ~ SEAL) DOROTH M. MANIGLIA AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS.. COUNTY OF We, ~-2~1L7 <<~ssl~L and ~s,~,w ,. ; , /b~,~, ,~ ,the Witnesses whose names aze signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix, DOROTHY M. MANIGLIA, sign and execute the instrument as her Last Will and Testament, that Testatrix signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Witness fitness ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS.. COUNTY OF DAUPHIN On this, the ~~ day of d~ , 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 Testatrix, DOROTHY M. 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) M TH F P Y Notarial Seal Jo;ir~ E. Brothers. ~ tic Sus u_h~a 7~vp, My (~r~,:;mifaion Expires eb. 12, 20D6 Memne pedgyhanie Axarlalbn of NoMrNa ~~ ~~~ No Public My Commission Expires: ~ !~ ~06 400766v1 OATH OF SliBSCRIBI'rG `VI'I'NESS(ESj c~ r-_ ~~ -~Y ;.i ; , ~ REGISTER OF ~~'ILLS T ~'"t V -_'? ~~ - ~i'.r ~., -..--r__ _. r -- ` - - ~~~6~~~ti.-~ COLNTY PENi`1SYLVANI~~ , , , _ Y r-''~ ~ ; ; r , - ,_ a ?> .~= -s1 .L" 11 Estate of ~i~ro Tim ~, dh~ ~ ~ ~t ~. _ _, Deceased 2 l ~z s3 s / (each) a subscribing witness to ~~~ (Print Name/s) the Lt-J'Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that ~lte / he /they was / ire present and saw the above T~at~for /Testatrix sign the same and that Sly / he / tlye~~ signed the same and that The / the signed as a witness at the request of the T~to"r /Testatrix in her /rte presence and in the presence of each other. ~~ ~~ ~ ~~ (Signature) (Stye Address) f-c . ~ s ~ c~ v-r- (City, State, Zipf / Executed in Register's Office Sworn to or affirmed and subscribed before me this ,~~ ~j~~ day of _, 7 `~- '~~, Deputy for Register of ~~. 1 (Signature) (Street Addre~s (City, Slate, Zip) Executed or~t of Register's Office Sworn to or affirmed and subscribed before me this day of rotary Public ~l ~ Corriir~issio:: E}:i ire: ~i,aa;ure and Seai ofNotar} c: c[`.er c" :ciz; c..~~ne:; administer oaths. Show Bate of ezi.iratoc ei :~aa:y's %ommissioa.j NOTE: To be taken by Officer zuthorized to administer oaths. Please nave present the original or copy o: instrument(s) at time of notarization. Form RW'-03 rev. !0.!3.06