HomeMy WebLinkAbout05-22-12
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Ronald L. Finck, Esquire
Supreme Court ID No. 89985
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
717-232-5000
rlfinck@mette.com
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CUMBt;RLAND CO., p~ ,
1N RE: AGREEMENT OF TRUST OF IN THE COURT OF COMMON PLEAS OF
ROSARIO J. MANIGLIA, DECEASED CUMBERLAND COUNTY, PENNSYLVANIA,
ORPHANS' COURT DIVISION
NO. ~'/~ /U`5~08
PETITION FOR APPOINTMENT OF
SUCCESSOR TRUSTEE
The Petitioner, Richard J. Maniglia ("Petitioner"), individually and in his capacity as the
Executor of the Estate of Dorothy M. Maniglia, deceased ("Dorothy"), files this Petition for
Appointment of Successor Trustee, as follows:
1. Petitioner is an adult individual residing at 1514 Greenlawn Road, Paoli,
Pennsylvania 19301.
2. By Agreement of Trust dated Apri13, 1996, Petitioner's father, Rosario J.
Maniglia ("Grantor") established a charitable remainder unitrust within the meaning of Section 8
of Revenue Procedure 90-30 and Section 664(d)(2) of the United States Internal Revenue Code
(the "Trust"). A copy of the Agreement of Trust is attached hereto as Exhibit `A' and made a
part hereof by reference.
3. The Trust was amended by Amendment to Agreement of Trust dated July 27,
2004. A true and correct copy of the Amendment to Agreement of Trust is attached hereto as
Exhibit `B' and made a part hereof by reference.
4. The initial trustees of the Trust were the Grantor, and the Grantor's wife, Dorothy.
5. The Grantor died on May 3, 2010, a resident of Cumberland County,
Pennsylvania.
6. The Grantor died testate and his Will was entered into probate on June 3, ZO10, in
the Office of the Register of Wills of Cumberland County, Pennsylvania at Estate No. 2010-
00568.
7. Dorothy disclaimed any and all interest in the Grantor's estate as well as her right
to be the executrix of the Grantor's estate.
8. The Petitioner was appointed the sole executor of the Grantor's estate.
9. Dorothy died on February 28, 2012, a resident of Cumberland County,
Pennsylvania.
10. Dorothy died testate and her Will was entered into probate on March 15, 2012 in
the Office of the Register of Wills of Cumberland County, Pennsylvania at Estate No. 2012-
00315.
11. The Petitioner is the sole executor of Dorothy's Estate.
12. The only "current beneficiary" as defined by Section 703 of the Pennsylvania
Uniform Trust Act, 20 Pa.C.S. §7703, is Dorothy.
13. The Trust Agreement does not identify successor or alternate trustees.
2
14. Presently, there is no individual authorized by the Trust Agreement to act as
trustee of the Trust.
15. Petitioner desires to be appointed as successor trustee of the Trust.
16. As set forth in Article I of the Agreement of Trust instrument, the Grantor
designated $500,000.00 of his individual retirement account to be paid, upon his death, to the
trustee of the Trust. A true and correct copy of the Retirement Plan Beneficiary form evidencing
such designation is attached hereto as Exhibit `C' and made a part hereof by reference.
17. Pursuant to Article II, paragraph (a) of the Trust Agreement, the Trustee was
required to pay a unitrust amount equal to seven (7%) percent of the fair market value of the
Trust assets to Rosario J. Maniglia, as grantor.
18. Pursuant to Article II, paragraph (h) upon Rosario J. Maniglia's death, the unitrust
amount described above was to be paid to Dorothy.
19. Since Rosario J. Maniglia's death on May 3, 2010, no payments have been paid to
Dorothy and these payments are owed to Dorothy's estate.
20. As of this filing, the retirement account proceeds have not been paid out because
no account has been created for the retirement account proceeds.
21. In order to receive the payment, a trustee must be appointed and the trustee must
thereafter open a trust account.
22. The names and addresses of the remainder beneficiaries are as follows:
Holy Spirit Hospital
503 N. 21st Street
Camp Hill, PA 17011
Drexel University School of Medicine
2900 W. Queen Lane
Philadelphia, PA 19129
3
Christ United Presbyterian Church a/k/a
Allendale Christ Presbyterians Church
421 Deerfield Road
Camp Hill, PA 17011
American Red Cross
American Red Cross of Susquehanna Valley
430 West Orange Street
Lancaster, PA 17603
Hospice of Central Pennsylvania
1320 Linglestown Rd.
Harrisburg, PA 17110
Catholic Charities of the Diocese of Harrisburg
4800 Union Deposit Road
Harrisburg, PA 17111
22. Once the payments aze made to Dorothy's estate, the trustee will make the
payments to the remainder beneficiaries.
23. By letters dated Apri15, 2012, the undersigned counsel for the Petitioner notified
the remainder beneficiaries of Petitioner's intent to file this Petition and sought their consents.
24. Christ United Presbyterian Church a/k/a Allendale Christ Presbyterians Church,
Hospice of Central Pennsylvania, Holy Spirit Hospital, and Catholic Charities of the Diocese of
Harrisburg consented to the Petitioner's Petition as evidenced by the consents collectively
attached hereto as Exhibit `D' and made a part hereof by reference.
25. Richard J. Maniglia, in his capacity as Executor of Dorothy's estate consented to
the Petitioner's Petition as evidenced by the consent attached hereto as Exhibit `E' and made a
part hereof by reference.
26. Drexel University School of Medicine and the American Red Cross of the
Susquehanna Valley have not responded.
27. The Petitioner notified the Pennsylvania Attorney General's office, in writing, of
the Petition and sought the Attorney General's concurrence.
4
28. The Attorney General's office indicates that it has no objection to the Petitioner's
Petition as is evidenced by the letter attached hereto as Exhibit `F' and made a part hereof by
reference.
29. This Honorable Court has jurisdiction over this matter and authority to grant the
relief requested herein pursuant to 20 Pa. C.S. §7764(d) .
WHEREFORE, Petitioner, Richard J. Maniglia, respectfully requests that this Honorable
Court issue a Rule to Show Cause in the form attached upon Drexel University School of
Medicine and the American Red Cross of the Susquehanna Valley and thereafter appoint the
Petitioner as successor trustee of the Rosario J. Maniglia Trust, with all powers set forth in the
Agreement of Trust dated Apri13, 1996, as amended. Petitioner further requests such other relief
as the Court deems just and appropriate under the circumstances.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: 2~. ~ _~.~~:•C.
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 -Phone
(717) 236-1816 -Fax
Attorneys for Petitioner, Richard J. Maniglia
Date: May 18, 2012
5
VERIFICATION
I, RICHARD J. MANIGLIA, have read the foregoing document and verify that the facts
set forth herein are true and correct to the best of my knowledge, information and belief. To the
extent that the foregoing document and/or its language is that of counsel, I have relied upon
counsel in making this Verification.
I understand that any false statements made herein aze subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsification to authorities.
DATED: S - ~ - ~ '_- ~L•-....-+--- ~ J • ~~^-~j~L-:
RICHARD J. MANIGLIA
METTE, EVANS & WOODSIDE
~~ ATTORNEYS AT LAW
~~°
HARRISBURG. PENNSYLVANIA 17110-0950
~ ,[~~PPiltPltt ~f ~~'lt~t
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Agreement, made and entered into this ~""- day of Q~xe.`Q , 19CtCtby
and between ROSARIO J. MANIGLIA, party of the first part, hereinafter referred
to as "Grantor" and DOROTHY M. MANIGLIA and ROSARIO J. MAIVIGLIA,
parties of the second part, hereinafter collectively referred to as the "Trustee".
WITNESSETH:
ARTICLE I: The Grantor, ROSARIO J. MANIGLIA, will
designate Five Hundred Thousand ($500,000) Dollars of his Individual Retirement
Account(s), to be paid, upon his death, to the Trustee hereunder, and Trustee, in
consideration thereof, agrees to hold and administer said assets and any additions
thereto, including the proceeds of any insurance policies, IN TRUST
NEVERTHELESS, it being Grantor's intention to establish a charitable remainder
unitrust within the meanie of Section 8 of Revenue Procedure 90-30 and Section
664(d)(2) of the Internal Revenue Code.
ARTICLE II: .The following provisions shall apply to the
charitable remainder unitrust:
(a) In each taxable year of the Trust, the Trustee shall pay in
quarterly installments a unitrust amount equal to seven (7%) percent
of the net fair market value of the assets of the Trust valued as of the
first day of each taxable year of the Trust (the "Valuation Date") to
Grantor.
-1-
(b) In determining the unitrust amount, the Trustee shall
prorate the same on a daily basis for a short taxable year and for the
taxable year ending with the death of the last noncharitable
beneficiary.
(c) The unitrust amount shall be paid in equal quarterly
amounts from income and, to the extent that income is not sufficient,
from principal. Any income of the Trust for a taxable year in excess
of the unitrust amount shall be added to principal.
(d) If for any year the net fair market value of the Trust assets
is incorrectly determined, then, within a reasonable period after the
value is finally determined for federal tax purposes, the Trustee shall
pay to the beneficiary (in the case of an undervaluation), or receive
from the beneficiary (in the case of an overvaluation), an amount
equal to the difference between the unitrust amount properly payable
and the unitrust amount actually paid.
(e) Except for the payment of the unitrust amount to the
Grantor, and not withstanding any other provision of this Agreement,
the Trustee is prohibited frnm engaging in any act of self-dealing as
defined in Section 4941(d) of the Internal Revenue Code, from
retaining any excess business holdings as defined in Section 4943(c)
of the Internal Revenue Code, from making any investments which
would jeopardize the charitable purpose of the Trust within the
meaning of Section 4944 of the Internal Revenue Code and the
regulations thereunder, and from making any taxable expenditures as
defined in Section 4945(d) of the Internal Revenue Code. The Trustee
-2-
shall make distributions at such time and in such manner as not to
subject the Trust to tax under Section 4942 of the Internal Revenue
Code.
(f) The obligation to pay the unitrust amount shall commence
upon the complete funding of the Trust. Within a reasonable time
after the end of the taxable year in which the complete funding of
the Trust occurs, the Trustee must pay to the beneficiary named in
Article II(a), in the case of an underpayment, or must receive from
the beneficiaries named in Article II(a), in the case of an
overpayment, the di$'erence between:
(i) Any unitrust amounts actually paid, plus
interest, compounded annually, computed for any period at
the rate of interest that the federal income tax regulations
under Section 664 of the Internal Revenue Code prescribe
for the Trust for such computation for such period; and
(ii) The unitrust amounts payable, plus interest,
compounded annually, computed for any period at the rate
of interest that the federal income tax regulations under
Section 664 of the Internal Revenue Code prescribe for the
Trust for such computation for such period.
(g) The taxable year of the Trust shall be the calendar year.
(h) Upon the death of the Grantor, this Trust shall continue
for the benefit of Grantor's wife, DOROTHY M. MANIGLIA, if living.
-3-
Upon the death of Grantor's wife, or upon Grantor's death if she fails
to survive him, this Trust shall terminate and Trustee shall
distribute outright the principal of this Trust, together with any
accretions thereto, and any accumulation of income, to the following
tax-exempt organizations in the noted percentages:
(i) Thirty (30%) percent of the undistributed principal
and accumulated income shall be paid to the HOLY SPIRIT
HOSPITAL, Camp Hill, Pennsylvania;
(ii) Thirty (30%) percent of the undistributed principal
and accumulated income shall be paid to the MEDICAL
COLLEGE OF PENNSYLVANIA AND HAHNEMANN SCHOOL
OF MEDICINE, Philadelphia, Pennsylvania;
(iii) Ten (10%) percent of the undistributed principal and
accumulated income shall be paid to ALLENDALE CHRIST
PRESBYTERIANS 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;
__......__.. _.,.._...,_._.. - 4 -
(vi) Ten (10%) percent of the undistributed principal and
accumulated income shall be paid to CATHOLIC CHARITIES OF
THE DIOCESE OF HARRISBURG, Pennsylvania.
ARTICLE III: The Trustee shall possess, among others, the
following powers:
(a) To vary or to retain investments, including the stock of any
corporate Trustee named herein, when deemed desirable by the
Trustee, and to invest in such bonds, stocks, notes, real estate
mortgages or securities or in such other property, real or personal as
the Trustee shall deem wise, without being restricted to so-called
"legal investments" and without being limited to any statute or rule
of law regarding investments by fiduciaries.
(b) Nothing herein shall be construed to restrict the Trustee
from investing the Trust assets in a manner that could result in the
annual realization of a reasonable amount of income or gain from the
sale or disposition of Trust assets.
(c) In order to effect a division of the principal of a Trust or for
any other purpose, including any final distribution of a Trust, the
Trustee is authorized to make said divisions or distributions of the
personalty and realty, partly or wholly in kind, and to allocate
specific assets among beneficiaries and Trusts created hereunder so
long as the total market value of any share is not affected by such
allocations. Should it appear desirable to partition any real estate,
the Trustee is authorized to make, join in and consummate partitions
-5-
of lands, voluntarily or involuntarily, including giving of mutual
deeds, recognizances, or other obligations with as wide powers as can
be exercised by an individual owner in fee simple.
(d) To sell either at public or private sale and upon such terms
and conditions as the Trustee may deem advantageous to a Trust,
any or all real or personal estate or interests therein owned by a
Trust severally or in conjunction with other persons, and to
consummate said sale or sales by sufficient deeds or other
instruments to the purchaser or purchasers, conveying a fee simple
title, free and clear of all trust and without obligation or liability of
the purchaser or purchasers to see to the application of the purchase
money, or to make inquiry into the validity of said sale or sales; also,
to make, execute, acknowledge and deliver any and all deeds,
assignments, options or other writings which may be necessary or
desirable in carrying out any of the powers conferred upon the
Trustee in this paragraph or elsewhere in this instrument.
(e) To mortgage real estate, and to make leases of real estate,
extending beyond the term of the Trusts hereunder.
(f) To borrow money from any party, including the Trustee, to
pay indebtedness of a Trust and taxes, and to assign and pledge
assets of a Trustee therefor.
(g) To pay all coats, taxes, expenses and chazges in connection
with the administration of a Trust including a reasonable
compensation to agents.
-6-
(h) In the discretion of the ~ustee, to unite with other owners
of similar property in carrying out any plans for the reorganization of
any corporation or company whose securities form a part of a Trust.
(i) To vote any shares of stock which form a part of a Trust,
including stock of the Corporate Trustee or an affiliate of the
Corporate Trustee.
(j) To assign to and hold in trust an undivided portion of any
asset.
(k) To do all other acts in its judgment deemed necessary or
desirable for the proper and advantageous management, investment
and distribution of the Trusts.
(1) To amend this Agreement after the death of the Grantor,
but only for the purpose of qualifying the Trust established pursuant
to Article II as a charitable remainder unitrust within the meaning of
Section 664(d)(2) of the Internal Revenue Code and only to the extent
essential to such qualification or the continuation of such
qualification. - -
ARTICLE N: It is expressly understood and agreed that the
Trustee is not obligated to pay any premiums or assessments on any insurance
policies, and is to be under no obligation in respect to any policy of insurance,
except to the extent expressly agreed to herein.
-7-
ARTICLE V: With respect to any insurance policies which now
are, or at any time are, owned by the Grantor, the Grantor reserves to himself
during his lifetime ownership of said policies and during his lifetime, all
payments, dividends, surrender values and benefits of any kind which may
accrue on account of any of the aforesaid policies, and the right at any time to
assign, pledge or use said policies, or any of them, or to change the beneficiary
thereof, to borrow money thereon, for any purpose, without the consent, approval
or joinder of the Trustee, or any beneficiary hereunder. It is the intent of the
Grantor, in regard to said insurance policies, that this instrument shall be
operative only in respect to the other proceeds of such of the policies as may be
due and payable to the Trustee at the time of his death or thereafter, after
deduction of all charges against the policies by reason of advances, loans,
premiums, or otherwise, and the receipt of the Trustee for such proceeds shall
release the insurance companies from liability on the policies.
.ARTICLE VI: The Grantor agrees and directs that upon his
death, the proceeds of any policies which are subject to the terms of this
Agreement of Trust shall be paid in accordance with the directions then set forth
in said policies, or beneficiary designations then attached thereto. In the event
the proceeds of any policy are payable to the Trustee, the Trustee may institute
any proceeding at law or in equity in order to enforce the payment thereof, and
may do and perform any and all other acts and things which may be necessary,
for the purpose of collecting any sums which may be due and payable under the
terms of the policies; it being distinctly understood, however, that the Trustee
shall not, except at its option, enter into or maintain any litigation to enforce the
payment of said policies until it shall have been guaranteed indemnification by
one or more of the beneficiary of this Agreement to their satisfaction against all
expenses and liabilities to which they may, in their judgment, be subjected by
-8-
any such action. The Trustee is authorized to compromise and adjust claims
arising out of the insurance policies, or any of them upon such terms and
conditions as they may deem just, and the decision of the Trustee shall be
binding and conclusive upon all persons and corporations interested therein.
ARTICLE VII: It is agreed that Grantor may, by instrument in
writing delivered to Trustee, modify, alter or revoke this Agreement in whole or
in part.
ARTICLE VIII: The operation of this Trust shall be governed by
the laws of the Commonwealth of Pennsylvania. The Trustee, however, is
prohibited from exercising any power or discretion granted under said laws or
granted in this Agreement that would be inconsistent with the qualification of
the charitable remainder unitrust as a charitable remainder unitrust under
Section 664(d)(2) of the Internal Revenue Code and corresponding regulations.
IN WITNESS WHEREOF, ROSARIO J. MANIGLIA and DOROTHY
M. MANIGLIA have hereunto set their hands and seals on the day and year first
above written.
Grantor:
~.~! ,~~'~c~~~~' (SEAL)
Witness ROSARIO J. MANI
-9-
TRUSTEES:
~f,~~ ~o ~ .,e_,L,,c., ~ r~~ ~~ , . G - SEAL)
Witness ROSARIO J. MANIGL~~~
Witness DORO Y M. MANIC A
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ~~•:~. =
On this ~~{ day of `'7°" `~` , 19~/~ before me, a Notary Public,
the undersigned officer, personally appeared DOROTHY M. MANIGLIA, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the
within instrument, and acknowledged that she has executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
No Public
My Commission Expires:
ta~°-~3, w:~
(SEAL) U;,}~ ~.r,:s-., :.,. ~IyFubCIC
AQ;r f,-, „ .. ... [a31:,:ar~=:~t'•l S, i9 0
ti7:;..... iq YV'III:J~:~ISb SJ :JL~.LY:_•..r1: U1 ~'•a `--.
COMMONWEALTH OF PENNSYLVANIA
Ia.~O~cc'~' SS:
COUNTY OF
On this ~. day of L-~ -" , 199. before me, a Notary Public,
the undersigned officer, personally appeared ROSARIO J. MANIGLIA, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the
within instrument, and acknowledged that he has executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
~~
No Public
My Commission Ezpires:
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(SEAL) u~~. G~s~, ~ .;;~y ~Itc
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+-~^ih\f:; ~~t;l'tfajf!'J~e:~:l ~:33v'L;kiii! CI t+F.,`,..i r:°:.
,t~tt~rmu~t# #~r
This Amendment to Agreement of Trust, made and entered into this
_ Z? _ ~-,y of ,__ _, 2004, by and between ROSARIO J. MANIGLL4,
('`Grantor") u*Ld D`JROT M. MANIGLIA and ROSARIO J. MANIGLI.A,
("Trustees"), whereby the Agreement of Trilst dated April 3,~ 1996 is amended. as
fellows: ,.._ ~?
(1) Article II (h) (ii) is ~
MEDICAL COLLEGE OF
HAHNEMANN SCHQOL
acquired and is now;naw:
In all
3•:?rcny confirmed s
L'V 1
14I.4NIGI~IA ha~re
ssrrittezi.
ti'ir?tI!°35
( ~rVitness
"~i'its~ess
PENNLVANIA
OF I1~DI~~TE has
<<,..~. y,,;.,
I as th~~DRE~EL U
dated April~3,1996 is
:tIO J;-IVIANIGI..L4 and DOROTFIY l+ll.
sP.ala on the day ar_d year first above
Gr;slltor:
is-1-~.~ ~~`~j9~~ ISEe~.L)
~sario J. 1Vlani~tlia
TPL15tee8:
VIP./-~.~*'i0 J. Maul r'8
A3nroT~i~• _.It?3~~iglia. !~_.
i
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS..
On this, the day of .2004, before me, the undersigned
officer, personally appeared PETER J. RESSLER, mown to me `ior 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 ROSARIO J. MANIGLIA whose name is
subscribed to the within instrument executed the same; and that said person
acknowledged that he executed the same for the purposes th~gin contained.
IN WITNESS WHEREOF, I hereunto set my hari~~id~?o#~icial seal.
My Commission
COMMONWEALTH
COUNTY OF DAUPHIN
SS..
On this, the _ day of .2004, before me,rthe 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 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 instxwnent executed the same; and that said person ~ ; +.
acknowledged that she executed the same for the purposes therein contained. ~ . .
IN WITNESS WHEREOF, I hei~eunta: set my, hand and official seal.
Notary Public.
My Comruissiom Expires:.
aaoaeo~x
#~ertlll bypch Retirement Plan Beneficiary Form. 8 ~ ~. - 9~g I I .
Part t Your names
IafamNb~ Abed Yar I n__„__
Vau dato of birth
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pip PRIMARY EiEN€FICIARYftE31: I hasty datJpnate the persontsl rwn,sd bNow u primary berretict.ryiiaal to recave payment of the
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11wt riphtr I may later have u tM rYrYlvOf M a IOiM annuity
wlUl Hie psRlclparrtJ to receive Ihox amounts payable
under tho' Plan by repeen of tiro partlclpar.r's death to which 81prw,tuts 01 em0loYer or notary pubic Oata
I would olharwiee be enHNted H 1 mere the fiartieipaM's sole
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Notary's tithe oreommisoion Expiratkar date
cod. u v (umi
CUSTODIAL CQPY
Ronald L. Finck, Esquire
Supreme Court ID No. 89985
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
717-232-5000
rlfinck@mette.com
IN RE: AGREEMENT OF TRUST OF IN THE COURT OF COMMON PLEAS OF
ROSARIO J. MANIGLIA, DECEASED CUMBERLAND COUNTY, PENNSYLVANIA,
ORPHANS' COURT DIVISION
NO.
CONSENT
The undersigned, a remainder beneficiary of the Rosario J. Maniglia Trust dated Apri13,
1996, hereby consents to the appointment of Richard J. Maniglia, as successor trustee of said
Trust.
Holy Spirit Hospital
By: YL alJ ~~ Al/~'sa41'f.Q+/L!O.__~i/II ),~'
Name: S~is, ,e /B~.hi//AIE iF EYF~s~~
Title: (}~~,~,~c.~a
Date: S/j~ o ix,
Ronald L. Finck, Esquire
Supreme Court ID No. 89985
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
717-232-5000
rlfinck@mette.com
IN RE: AGREEMENT OF TRUST OF
ROSARIU J. MANIGLIA, DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA,
ORPHANS' COURT DIVISION
NO.
CONSENT
The undersigned, a remainder beneficiary of the Rosario J. Maniglia Trust dated Apri13,
1996, hereby consents to the appointment of Richard J. Maniglia, as successor trustee of said
Trust.
Christ United Presbyterian Church a/k/a
Allendale Christ Presbyterian Church
N tJrgmc'6 W • aAvrs ~
S~9 ~ ~y T tle ~Arr-
Date: ~r to nJm.drr..
Ronald L. Finck, Esquire
Supreme Court ID No. 89985
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 171.10-0950
717-232-5000
rlfinck@mette.com
IN RE: AGREEMENT OF TRUST OF
ROSARIO J. MANIGLIA, DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA,
ORPHANS' COURT DIVISION
NO.
CONSENT
The undersigned, a remainder beneficiary of the Rosario J. Maniglia Trust dated Apri13,
1996, hereby consents to the appointment of Richard J. Maniglia, as successor trustee of said
Trust.
Hospice of Central Pennsylvania
By: ~ ~ E~rs~ ~O~
Name: ~CS~'-tn M ns i'l~~d ~ 11~
Title: C.~,a
Date:
,;~. ,,
Ronald. L. Finck, Esquire
Supreme Court ID No. 89985
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
717-232-5000
rlfinck@mette.com
IN RE: AGREEMENT OF TRUST OF IN THE COURT OF COMMON PLEAS OF
ROSARIO J. MANIGLIA, DECEASED CUMBERLAND COUNTY, PENNSYLVANIA,
ORPHANS' COURT DIVISION
NO.
CONSENT
The undersigned, a remainder beneficiary of the Rosario J. Maniglia Trust dated Apri13,
1996, hereby consents to the appointment of Richard J. Maniglia, as successor trustee of said
Trust.
Date: ~\\~~
Catholic Charities of the Diocese of Harrisburg
By: .
Name:.
Title:
Ronald L. Finck, Esquire
Supreme Court ID No. 89985
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Hazrisburg, PA 17110-0950
717-232-5000
rlfinck@mette.cam
IN RE: AGREEMENT OF TRUST OF IN THE COURT OF COMMON PLEAS OF
ROSARIO J. MANIGLIA, DECEASED CUMBERLAND COUNTY, PENNSYLVANIA,
ORPHANS' COURT DIVISION
NO.
CONSENT
I, Richazd J. Maniglia, Executor of the Estate of Dorothy M. Maniglia, deceased, current
beneficiary of the Rosario J. Maniglia Trust dated Apri13, 1996, hereby consent to the
appointment of Richard J. Maniglia, as successor trustee of said Trust.
Richazd J. Maniglia, ecutor of the
Estate of Dorothy M. Maniglia
Date: $'~ ~' ~Z
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
LINDA L. KELLY April 11, 2012
ATTORNEY GENERAL
Charitable Trusts and
Organizations Section
14s' Floor, Strawbeny Square
Harrisburg, PA 17120
Telephone: (717) 783-6084
Facsimile: 717-787-1190
mfoerster@attorneygeneral.gov
Ronald L. Finck, Esquire
Mette, Evans & Woodside PC
3401 N. Front Street
PO Box 5950
Harrisburg, PA 17101
RE: CRUT of Rosario J. Maniglia: No.14947-1; Cumberland County
Dear Mr. Finck:
This will acknowledge receipt of your letter and enclosures regarding the' above-
captioned matter.
I have reviewed the draft petition, and have no objections. Please forward a copy of the
decree as soon as it is available so that I can complete my file.
Please be advised that the above review was conducted pursuant to the parens patriae
role of the office and has no bearing on any matter unrelated to that function. Thank you for
your time and attention to this matter.
Sincerely,
/~~
Michael T. Foerster
Senior Deputy Attorney General
MT'F/srh
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon the
person(s) and in the manner indicated below, which service satisfies the requirements of
Pennsylvania Rules of Civil Procedure by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
The Estate of Dorothy M. Maniglia
c/o Richard J. Maniglia, Executor
1514 Greenlawn Road
Paoli, PA 19301
Holy Spirit Hospital
503 N. 21 st Street
Camp Hill, PA 17011
Drexel University School of Medicine
2900 W. Queen Lane
Philadelphia, PA 19129
American Red Cross
American Red Cross of Susquehanna Valley
430 West Orange Street
Lancaster, PA 17603
Christ United Presbyterian Church
a/k/a Allendale Christ Presbyterians
Church
421 Deerfield Road
Camp Hill, PA 17011
Hospice of Central Pennsylvania
1320 Linglestown Rd.
Harrisburg, PA 17110
Catholic Charities of the Diocese of Harrisburg Pennsylvania Office of Attorney General
4800 Union Deposit Road Charitable Trusts and Organizations
Harrisburg, PA 17111 Section
14a' Floor, Strawberry Square
Harrisburg, PA 17120
Edmund G. Myers, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
Lemoyne, PA 17043
Attorney for Christ United Presbyterian
Church and Holy Spirit Hospital
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: °-
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 -Phone
(717) 236-1816 -Fax
Date: May18, 2012 Attorneys for Petitioner, Richard J. Maniglia
2