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��� : IN THE COURT OF COM � �PLEA�OF�' °
: CUMBERL � `�' "' �
AND COUNTY��YLV�?►�''����
Esta.te of Mary Jo Meyer, , �-- � r,�, �,,� �;,, �
Deceased : ORPHANS' COURT DIVIS�l�•' � _.� .�` �
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PETITION FOR APPOINTMENT OF REPLACEMENT TR�J'STEE
Petitioner, Linda Uzupis, Executrix in the above Estate, by her attorneys, Martson Law
Office, sets forth the following:
1. Petitioner is Linda Uzupis,duly appointed as Executrix in the above Estate by action
of the Cumberland County Register of Wills on August 14, 2012.
2. The Executrix has filed an Accounting and Schedule of Distribution, which is
scheduled to be confirmed by this Court on Tuesday, October 8, 2013.
3. In Item 7 of the Decedent's Will,copy of which is attached hereto marked as Exhibit
"A", Morgan Stanley Trust, F.S.B. was appointed Trustee of any trust created for the benefit of
Decedent's brother,�'hilip Dangelo. Morgan Stanley Trust,F.S.B.,has advised the Petitioner that
it is declining to serve as Trustee in this matter. A copy of said Declination of Service as Trustee
is attached hereto and marked as Exhibit"B".
4. Petitioner's counsel has contacted Farmers and Merchants Trust Company of
Chambersburg("F&M Trust"), which is local bank and has an experienced trust department, and
counsel has requested F&M Trust to act as replacement Trustee in this matter.
5. F&M Trust,in the person of David C. Gority,Vice President,Investment and Trust
Services,has indicated a willingness to serve as replacement Trustee, assuming the obligations of
the Trustee are modified as set forth below. An e-mail from Mr. Gority is atta.ched hereto and
marked as Exhibit"C".
6. The trust created under Item 6(a)the Will of Mary Jo Meyer is a"special needs"trust
for the benefit and care of her brother,Philip Dangelo. Mr.Dangelo has special needs and has been
basically disabled his entire life. Petitioner understands that Mr.Dangelo is currently a resident in
a group home for individuals with special needs located at 133 Huntley Drive, Harrisburg,
Pennsylvania. Mr. Dangelo is currently receiving Social Security Disability benefits and the Case
Management Unit of Dauphin County,Pennsylvania,is serving Representa.tive Payee for the purpose
of receiving said benefits.
7. The"special needs"trust created under the Decedent's Will is designed to supplement
Social Security benefits and other State and or Federal benefits available to Mr.Dangelo,and F&M
Trust is prepared to proceed with acting as Trustee consistent with those duties,which are customary
and normal.
8. There is a unique provision in the Trust instrument, as set forth in Item 6(a),of the
Will,which sta.tes as follows:
"If Philip Dangelo is unable to support himself from his own resources and sources
of income, Trustee shall seek such support for Philip Dangelo from public sources.
The trust has specifically not been created to supplant or replace public assistance
benefits. Trustee should,therefore,seek entitlements which are available to members
of the community who are experiencing disabilities that are substantially similar to
those that Philip Dangelo experiences."
9. The Trust provision outlined paragraph 8 above is,as far as F&M Trust is concerned
an unusual provision and not normally the role of a Trustee,which is administering funds.The duties
outlined in those provisions would normally fall on the person who was appointed as Guardian of
the beneficiary of the Trust or other family members.
10. Petitioner is not aware of any Guardian appointed for Mr. Dangelo and, to the best
of Petitioner's knowledge,there is no Guardian appointed and no one has Power of Attorney for Mr.
Dangelo.
11. Petitioner is aware that Mr.Dangelo has cousins,but believes that those cousins are
not intensely involved in Mr. Dangelo's life at this point.
12. Petitioner is not of the belief that Mr. Dangelo needs a Court appointed Guardian at
this time, as Petitioner believes that Mr. Dangelo's care and maintenance is sufficiently being
provided to him by the Case Management Unit of Dauphin County, Pennsylvania.
13. A Trustee needs to be appointed to administer the funds,which will be set aside for
the benefit of Mr. Dangelo pursuant to the Testamentary Trust created in the Will. As per the
proposed Schedule of Distribution,which has been filed with the Court,approximately$145,024.64,
will be paid to the Trustee for this purpose.
14. This Court has authority to appoint a Trustee to fill a vacancy pursuant to 20 Pa.
__ � ,�� , � � �:�.
C.S.A. §7101.
_ 15. The residuary beneficiaries under the Trust,pursuant to Item 6(b)of the Will include
the Eric J. Meyer Scholarship at North Schuylkill School District, the Bethesda Mission of
Harrisburg,Pennsylvania,or its successor,and the Multiple Sclerosis Society,Harrisburg Chapter,
_ or its successor.
16. F&M Trust is prepared to act as replacement Trustee in this matter subject,however,
to F&M Trust being relieved from the duties/obligations which were included in Item 6 (a) of the
Will and as set forth in paragraph 8 above.
WHEREFORE, Petitioner requests your honorable Court to set a hearing for purposes of
considering this Petition,with appropriate notice to be given to interested parties.
B (/ .�
Y
Hubert . Gilroy, Esquire,%
I.D.No. 29943 %�
� 10 East High Street �
Carlisle, PA 17013 �
(717)243-3341 �
Attorney for the Estate of Mary Jo Meyer
Date• �
� 31 �
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LAST WILL AND TESTAMENT
OF
MARY JO MEYER
I, Mary Jo Meyer, of Lower Pax#on Township, Dauphin County, Pennsylvania,
being of sound and disposing mind, memory and understanding, do hereby make, publish
and declare this as and for my Last Will and Testament, hereby revoking any and all prior
Wills and all Codicils made by me at any time heretofore.
ITEM 1. I direct that all my just debts and funeral expenses, and all expenses
of my last illness, shall be paid from my residuary estate as soon as practicable after my
decease as a part of the expense of the administration of my estate. My gravemarker and
perpetual care have been pre-paid.
, ITEM Z. I devise and bequeath my residence located at 4707 Danbury Road,
Lower Paxton Township, Dauphin County, Pennsylvania to Ann� Uzupis and Linda .
Uzup�s,jointly or to the survivor of them.
In the event that Ann Uzupis or Linda Uzupis fail to survive me, I
devise and bequeath said residence to my brother, Philip Dangelo, pursuant to the Trust
established for his benefit in Item 6 below.
� ITEM 3. All framed art in my estate shall be distributed to the Allied Artists of
Schuylkill County, now in Pottsville, Pennsylvania.
�1�
M.J.M.
EXHIBIT "A"
1 �
ITEM 4. I devise Twelve Thousand and 00/100($12,000.00) Dollars to endow
the existing Eric J. Meyer Scholarship, which I have set up during my life at the North
Schuylkill School District.
ITEM 5. I devise and bequest the following specific amounts to the following
named Beneficiaries, on the condition that my residuary estate, after the devises and
bequests stated in this paragraph and the paragraphs preceding this one, is at least One
Hundred Fifty Thousand and 00/100 ($150,000.00) Dollars. If my residuary estate falls
below One Hundred Fifty Thousand and 00/100 ($150,000.00) Dollars, I direct that each
of the followmg bequests be proportionately reduced until the residuary estate remaining
after the said bequests is no less than One Hundred Fifty Thousand and 00/100
($150,000.00) Dollars. Subject to the reduction set forth herein above, I devise and
bequeath the following sums to the following named individuals:
.%(a) One Thousand and 00/100 ($1,000.00) Dollars jointly to Larry Meyer
and Cindi Meyer, brother and sister-in-law of my late husband, Eric Meyer, now of Elicott
City, Maryland, or the survivor of them;
�(b) Two Thousand and 00/100($2,000.00)Dollars to Marian Meyer, the
niece of my late husband Eric Meyer, now of Elicott City, Maryland, and if she is a minor,
same to be given to her parents in trust for her;
��(c) Two Thousand and 00/100 ($2,000.00) Dollars to Seth Rhoades,
the son of Cindi Meyer and stepchild of Larry Meyer, now of Elicott City, Ma�yland;
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2 .J.M.� '
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�(d) Two Thousand and 00/100($2,00�.00)Dollars to Colin Rhoades,the
son of Cindi Meyer and stepchild of Larry Meyer;
�(e) Ten Thousand and 00/100 ($10,000.00) Dollars to the Multiple
Sclerosis Society, Harrisburg Chapter, or its successor, now of Forest Hiils, Harrisburg,
Pennsylvania;
i(fl Two Thousand and 00/100 ($2,000.00) Dollars to Linda Uzupis,
my good friend and former neighbor, now of 131 West Ogden Street, Girardville,
Pennsylvania;
..(g) Two Thousand and 00/100 ($2,000.00) Dollars to Ann Uzupis, rny
good friend and former neighbor, now of 131 West Ogden Street,Girardville, Pennsylvania;
�(h) One Thousand and 00/100 ($1,000.00) Dollars to Kevin Neary, my
next door neighbor, now of 4709 Danbury Road, Harrisburg, Pennsylvania;
�(i) One Thousand and 00/100 ($1,000.00) Dollars to Jill Neary, my next
door neighbor, now of 4709 Danbury Road, Harrisburg, Pennsylvania;
.�(j) Two Thousand and 00/100($2,000.00)Dollars to St.Joseph's Roman
Catholic Church in Girardville, Pennsylvania in memory of Mr.and Mrs. Philip Dangelo� Sr.
and family;
� (k) One Thousand and 40/100($1,000.00)Dollars to Ashley Marie Davis
� of Shamokin, Pennsylvania;
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3 M:J.M.
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�(I) Three Thousand and 00/100 ($3,000.00) Doliars to Good Shepherd
Lutheran Church, or its successor, now of 35 North 9�h Street, Ashland, Pennsylvania, in
memory of Eric J. Meyer and Mary Jo Meyer;
i(m) Three Thousand and 00/100 ($3,000.00) Dollars to St. Mauritius
Roman Catholic Church,or its successor,now of Ashland, Pennsyivania, in memory of Eric
J. Meyer and Mary Jo Meyer,
�(n) Two Thousand and 00/100($2,000.00)Dollars to Donald and Barbara
Hepier, my friends, now of Cherry Avenue, Lavelle, Pennsylvania;
� (o) Two Thousand and 00/100 ($2,000.00) Dollars to Jeffrey
Hackenberger, Godchild, now of Summerdale, Pennsylvania;
,, (p) One Thousand and 00/100 ($1,000.00) Dollars to Kimberly Lawson
� of Shamokin, Pennsyivania;
(q) To Eleanor Vinskie, I forgive repayment of any loans giv�n to her. by
rne at various tirnes and for various reasons during my lifetime and I direct that all
evidences of such indebtedness shall be cancelled and destroyed.
;
ITEM 6. The rest, residue and remainder of my estate, of every nature and
wherever situate, shall be held in trust for the benefit and care of my brother, Philip
Dangelo, now of Harrisburg, Pennsylvania.
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4 M.J.M. - _.
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(a) During the lifetime of Philip Dangelo, to the extent that benefits are
not rnade available to Philip Dangelo for other than basic living expenses, including food
and shelter, Trustee, in its absolute discretion, may distribute frorn i�come and principal
to or for the benefit of Philip Dangelo, for his needs other than basic support. For the
purposes of this provision, non-support purchases include, but are not limited to: travel;
entertainment; radios, telephone and television, including cable television; gifts for family
members; spending money; movies; additional food and clothing; dental care; '
unreimbursable medical expenses,including plastic and reconstructive surgery,diagnostic
work and treatment, rehabilitative training and experimental medical services; the
differential in cost befinreen shelter for a� shared and private group home or room;
supplemental nursing care; recreation, cultural experiences, outings and travel, including
payment for other to accompany my beneficiary; reading and educational materials;
exercise equipment; and unreimbursed therapy. Trustee's discretion in making
distributions authorized hereunder, is absolute, full and complete with regard to
distributions from the trust estate, and shall be binding on all interested persons. If
possible, Trustee shall make distributions directly to the service provider and not to my
disabled brother.
� As this trust is specifically not intended to provide basic support and
maintenance needs for Philip Dangelo. If Philip Dangelo is unable to maintain and
support himself from his own resources and sources of income, Trustee shall seek such
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5 M:J.M:
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support for Philip Dangelo from public sources. The trust has specificaily not been
created to supplant or replace public assistance benefits. Trustee should,therefore, seek
entitlements which are available to members of the community who are experiencing
disabilities that are substantially similar to those that Philip Dangelo experiences. Trustee
shall deny any request made by any agency or governmental entity requesting
disbursement of trust funds to satisfy Philip Dangelo's support needs.
Trustee shall take whatever legal steps may be necessary to initiate or
continue public assistance programs for which Philip Dangelo is or may be eligible.
(b) On the death of Philip Dangelo,the then-remaining principal and any
accumulated interest shall be paid and distributed as follows:
The first Ten Thousand and 00/100($10,000.00)Dollars remaining from said
trust shall be given, as an endowment, to the existing Eric J. Meyer Scholarship at the
North Schuylkill School District. Thereafter, the next Ten thousand and 00/100
($10,000.00) Dollars shall be given as an unrestricted gift to the Bethesda Mission, now
of Harrisburg, Pennsylvania, or its successor. The rest, residue and remainder of said trust
shall be distributed as an unrestri�ted gift to the Multiple Sclerosis Society, Harrisburg
Chapter, or its successor.
ITEM 7. I appoint Morgan Stanley Trust, F.S.�.,of Harrisburg, Pennsylvania
as Trustee of any property which passes,either under this Will or otherwise,for the benefit
of my brother, Philip Dangelo, now of 5669 Chambers Hill Road, Harrisburg,
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� 6 M.J.M.
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Pennsyivania,and with respect to which I am authorized to appoint a Trustee and have not
otherwise specifically done so, provided that this appointment of a Trustee should not
supersede the right of any fiduciary in its discretion to distribute a share where possible to
my brother or for his benefit.
ITEM 8. All Federal, State and other Death Taxes payable because of my
death, with respect to the property forming my estate for tax purposes, whether or not,
passing under this Will, including any interest or penalty imposed in connection with such
tax, shall be considered a part of the expense of the administration of my estate and shall
be paid ftom my residuary estate without apportionment or right of reirnbursement. All
such taxes on present or future interest shall be paid at such time or times as my Executor
thinks proper, regardless of whether such taxes are then due.
ITEM 9. The interest of any Beneficiaries hereunder or in any Trust created
hereunder, shall not be subject to anticipation or to voluntary or involuntary alienation.
ITEM 10. My Executor, Trustee and Guardian shall have the following powers
in addition to those vested in them by law and by other provisions of my Will applicable to
all property, whether principal or income, including property held for minors, exerciseable
without Court approval, and effective until actual distribution of all property:
(a) To retain any and all of the assets of my estate, real or personal,
including any shares of stock or other securities that 1 own of a corporate fiduciary or its
successor, or of a holding cornpany controlling the corporate fiduciary or its successor,
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7 M. .M.
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without restriction to investments authorized for Pennsylvania fiduciaries, as they deem
proper, without regard to any principal or of diversification or risk.
(b) To invest in all forms of property(including stock or other securities of
the corporate fiduciary or its successor, or of a holding company controlling the corporate
fiduciary or its successor, and common trust funds and mortgage investment funds,
whether retained by rny corporate fiduciary or its successor or others), without restriction
to investment authorized for Pennsylvania fiduciaries,as they deem proper,without regard
to any principa{ or of diversification or risk.
(c) To sell at public or private sale, to exchange, or to lease for any
period of time, any real or personal property and to give options for sales, exchanges or
leases, for such prices and upon such terms or conditions as they deem proper.
(d) To allocate receipts and expenses to pFincipal and income or partly
to each as they from time to tirne think proper.
(e) To borrow from, or to sell to, my Trustee.
ITEM 11. I nominate,constitute and appoint Linda Uzupis,as Executrix of this,
rny Last WII and Testament. In the event of the renunciation, death or resignation or
inability to act for any reason whatsoever of Lfnda Uzupis, I hereby nominate, constitute
and appoint, Ann Uzupis, as Successor Executrix of this, my Last Will and Testament.
ITEM 12. I direct my Executor, Trustee and Guardian shall not be required to
give bond for the faithful performance of their duties in any jurisdiction.
�� �
8 M:�J�.M-_
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IN WITNESS WHEREOF, I set my hand and seal to this, my Last Wili and
Testament, this 'i�'� day of Aor;� , 2006.
.��� '� ^ .,
.` I,�'"�1 " t.�;� - /'`'� .. "l
� i y
Mary Jo MeyeF ��
The preceding instrument, consisting of this and eight(8) other typewritten pages,
initialed at the bottom of each page for security purposes, was on the date thereof
signed, published and declared;by Mary Jo Meyer,the Testatrix herein named, as
and for her Last Will and Tes�arnent in our presence, who at her request, in her
presence and in the presence of each other, have subscribed our names as
witnesses whereof.
��
Witness -
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� ess
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COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF DAUPHIN •
We, Mary Jo Meyer, and ,
the Testat�ix and the witnesses, respectively, whose names are signed to the foregoing
instrument, being.first duly sworn, do hereby declare to the undersigned authority that the
Testatrix signed and executed the instrument as her Last WII and that she had signed
willingly, and that she executed it as her free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and hearing of the Testatrix,
signed the will as witness and that to the best of their knowledge the Testatrix was at the
time eighteen (18) years of age or older, of sound mind and under no constraint or undue
Influence.
� �� /
Testatrix - ry o Meye
�. �, �
Witness
.
Wit
Swom to and subscribed
before me this '7��'
day of �'�r�r� � , 2006
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.,_ .
tary Public
NQTARIALSEJ�L �
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� Mey 3�
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MORGAN STANLEY P:RIVATE BANK, NATIONAL ASSOCIATION
Declination of Service as Trustee
Morgan Stanley Trust, F.S.B. is a named Trustee under the Last Will and
Testament of Mary Jo Meyer dated April 7, 2006. Morgan Stanley Trust, F.S.B. is not a
legal entity and it is believed the Testatrix's intention was to name Morgan Stanley Trust,
N.A. Morgan Stanley Private Bank, N.A., the successor in interest to Morgan Stanley
Trust, N.A., hereby declines its appointment to serve as a Trustee of any and all trusts
created under said Last Will and Testament.
MORGAN STANLEY PRIVATE BANK, NATIONAL
ASSOCIATION
By: ,
Title: 1 il�,� �
Date: �
By:
,
Title: ��t ����
Date: 3 2 d�3
State of �2 Ul �e f SCy �
Count of /
y N udso� )
On this, the � day of s _ 201�, before me, the undersigned
officer, personally appeared s and
w o cknowled ed themselves to be the ! � and
� S i of Morgan Stanley Pri �ate Bank, National Association, a
national association, and that they, as such officers, eing authorized so to do, executed
the foregoing instrument for the purposes therein co tained, by signing the name of the
national association themselves as such officers, a d desired that the same might be
recorded as such.
IN WITNESS WHEREOF, I hereunto set my and.
�
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Notary Public �
[Notarial Seal] VERO ICA VEGA
My Commission Expires ��'Y PubOic, ate of New Jersey
�t Commission exp res on October 9,2013
Com I 230641�0
EXHIBIT "B"
\
Hubert X. Gilroy
From: Dave Gority <Dave.Gority@f-mtrust.com>
Sent: Tuesday, September 17, 2013 3:29 PM
To: Hubert X. Gilroy
Cc: Victoria L. Otto
Subject: Re: Meyer Estate
Hubert: I called this morning and you were busy, so I spoke with Ivo. If we can resolve the direction in the Wili for the
trustee to be responsible to "seek such support for Daniel Dangelo from public sources" (Item # 6, a)we will be happy
to serve as trustee. I would welcome the opportunity to work with you on this matter.
Thanks, Dave
David C. Gority, Vice President
717-960-1400 Direct Dial
717-960-1406 FAX
�ave. ori �1f-mtrust.com
http://www.fmtrustonline.com
Financial Solutions...from people you know
»> "Hubert X. Gilroy" <hgilroyCc�martsonlaw.com> 09/16/2013 10:25 AM »>
Dave
Vickie will email the will and Accounting to you,and please get back to me.
Thanks
Hubert
Hubert X. Gl/roy, Esquire
Martson DeardorFf Williams Otto Gilroy& Faller
Martson Law Offices
10 East High Street
Carlisle, PA 17013
(797)243-3341 ph
(717)243-1807 fx
h ilrov�a_,martsonlaw.com
www.martsonlaw.com
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EXHIBI� "C"