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Home My WebLink About02-21-14 Bradley J. Leber, Esquire PA 69317 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorne�for Forrest P. Hunsberger, Jr., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Register of Wills Estate of : No. �-� -��r a�(�� c-; �-, . - --, __- -r, .-�-, FORREST P. HUNSBERGER, SR., : _ � - . _, : �. Late of Carlisle Borough, : -- - _ Cumberland County, Pennsylvania, : -- ��' � . -� �___ . � � Deceased : �'' �n r� r.� � PETITION FOR CITATION TO FILE PHOTOCOPY OF THE LAST WILL AND TESTAMENT OF FORREST P. HUNSBERGER, SR., DECEASED To Lisa M. Grayson, Esquire, Register of Wills: AND NOW, this l lth day of February, 2014, comes Petitioner, Forrest P. Hunsberger, Jr., by counsel, Bradley J. Leber, Esquire of Blakey, Yost, Bupp & Rausch, LLP, who Petitions the Register of Wills for Citation to file photocopy of the Last Will and Testament of Forrest P. Hunsberger, Sr., deceased, dated, Apri14, 1997, as follows: 1. Petitioner, Forrest P. Hunsberger, Jr., resides at 12 Powers Road, Sudbury, MA 01776 . 2. Respondents are Diane Bscherer, who resides at 2611 Crestview Drive, York, PA 17402, and Debra Yocum, who resides at 1464 Pine Road, Carlisle, PA 17013. 1 3. Forrest P. Hunsberger, Sr., hereinafter referred to as "Decedent," died on Monday, January 6, 2014. A Death Certificate is attached hereto as Exhibit "A". 4. Forrest P. Hunsberger, Sr. was survived by his children, namely: Forrest P. Hunsberger, Jr. 12 Powers Road Sudbury, MA 01776 Diane L. Bscherer 2611 Crestview Drive York, PA 17402 Debra Yocum f/k/a Debra A. Steele 1464 Pine Road Carlisle, PA 17013 5. On April 4, 1997, Decedent executed a Last Will and Testament, which states in pertinent part, as follows: ITEM 5. I nominate, constitute and appoint my wife, Lois M. Hunsberger, as the Executrix of this my Last Will and Testament. If my wife should fail to qualify or cease to act in such capacity, I appoint my son, Forrest P. Hunsberger, Jr., Executor of my estate. Should he fail to qualify or cease to act in such capacity, I appoint my daughter, Diane L. Bscherer, Executrix. Should both my son and daughter, Diane, fail to qualify or cease to act in that capacity, then I appoint my daughter Debra A. Steele, Executrix of this my Last Will and Testament. A fully-signed copy of which is attached hereto as Exhibit "B". 6. Decedent resided with his wife, Lois M. Hunsberger, at 436 White Rose Lane, York, Windsor Township, York County, Pennsylvania, at the time of the execution of Decedent's Will. 7. On December 14, 2001, Decedent and his wife sold their home and bought a condominium located at 164 Furlong Way, Red Lion, York Township, York County, Pennsylvania 17356 where they lived until May 12, 2004 when they moved a second time since 2 executing Decedent's Last Will and Testament, to a property located at 2587 Pin Oak Drive, Manchester Township, York County, Pennsylvania 17406. 8. On February 2, 2009, Lois M. Hunsberger, the first named Executrix in Decedent's Last Will and Testament, died. 9. On February 22, 2009, Decedent moved a third time since executing his Last Will and Testament, this time to Providence Place, 3377 Fox Run Road, Room 626, Dover, York County, PA 17315, a residential facility for older adults; on April 30, 2009, Decedent sold his last home. 10. On March 22, 2013, Decedent moved a fourth time since executing his Last Will and Testament, this time to the Sarah Todd Memorial Home of 1000 West South Street in Carlisle, Cumberland County, Pennsylvania, another residential facility for older adults where he lived until his death on January 6, 2014. 11. The original Last Will and Testament of Forrest P. Hunsberger, Sr., deceased, attached hereto as Exhibit B,supra, has not been recovered. 12. Petitioner believes, and therefore avers, that Decedent kept the original Last Will and Testament and at no time intended to revoke the Will. 13. Petitioner believes, and therefore avers, that Decedent misplaced the original Last Will and Testament in one of his several moves, as aforesaid. 14. Robert O. Beers, Esquire, the scrivener and one of two witnesses to the Decedent's execution of the Last Will and Testament, is deceased. 15. The other witness, Joyce B. Thomas, is deceased. 16. The Notary Public, Janice M. Eveler, resides in York County, PA. 3 17. Petitioner, Forrest P. Hunsberger, Jr., is the first named successor Executor in the aforesaid Will. 18. The copy of the original Last Will and Testament of Forrest P. Hunsberger, Sr. (Exhibit A herein) should be admitted to probate to give effect to the provable intent of the Testator, Forrest P. Hunsberger, Sr., Deceased. WHEREFORE, Petitioner, Forrest P. Hunsberger, Jr., respectfully requests the Honorable Register of Wills in and for Cumberland County, Pennsylvania, to issue Citation for service upon all beneficiaries to admit to probate a copy of the Last Will and Testament of Forrest P. Hunsberger, Sr., dated, Apri14, 1997. Respectfully, BLAKEY, Y , �P & RAUSCH, LLP Date: 2/11/2014 Bradley J. Leber, squire PA 69317 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Petitioner, Forrest P. Hunsberger, Jr. 4 ��`�x�# t.C.0 �x� C`��#�xx��x�# � c1 � OF FORREST P. HUNSBERGER, SR. I, FORREST P. HUNSBERGER, SR. , of Windsor Township, York County, Pennsylvania, do hereby make my Last Will and Testament, revoking all wills by me at any time heretofore made. ITEM 1 . I direct the payment out of my estate of the expenses of my last illness and funeral . ITEM 2 . I give, devise and bequeath my entire estate, both real and personal, wheresoever situate, unto my wife, Lois M. Hunsberger, if she survives me. ITEM 3 . Should my wife fail to survive me or die under circumstances making it difficult to determine the order of our deaths, I give, devise and bequeath my estate as aforesaid in equal shares to my three children, Diane L. Bscherer, Debra A. Steele and Forrest P. Hunsberger, Jr. , or should any be dead to his or her surviving issue per stirpes . Should any of my aforesaid children� be dead without leaving issue to survive him or � her, his or her share shall go to my surviving children or their �� respective issue per stirp es should either be dead. � ITEM 4 . I direct that all of my jewelry and other personal possessions shall go in accordance with a separate letter signed and dated by me. ITEM 5 . I nominate, constitute and appoint my wife, Lois M. Hunsberger, as the Executrix of this my Last Will and Testament. If my wife should fail to qualify or cease to act in such capacity, I appoint my son, Forrest P. Hunsberger, Jr. , Executor of my estate. Should he fail to qualify or cease to act in such capacity, I appoint my daughter, Diane L. Bscherer, Executrix. Should both my son and my daughter, Diane, fail to qualify or cease to act in that capacity, then I appoint my daughter, Debra A. Steele, Executrix of this my Last . Will and Testament. ITEM 6 . I authorize and empower my Executor or Executrix to sell any or all of my real estate at public or private sale for such prices and upon such terms as to cash and credit as may be deemed best, and to execute deeds of conveyance thereof without liability on the part of the purchasers to see to the application of the purchase moneys. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this �,(� day of l � April, 1997 . �,� � Sw. (s�) � � WITNESS : STATE OF PENNSYLVANIA . . SS . COUNTY OF YORK . We, Forrest P. Hunsberger, Sr. Robert O. Beers and Joyce B. Thomas, the testator and the witnesses, respectively, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes herein expressed, and that each of the witnesses, in the presence and hearing of the testator signed the Will as witnesses and that to the best of his or her knowledge the testator was at the time eighteen years of age or older, of sound mind and under no constraint or undue influence. � Testator � , Wi ness Wi es Subscribed, sworn to and acknowledged before me by Forrest P. Hunsber�ger, Sr. , the testator and subscribed and sworn to before me by Robert O. Beers and Joyce B. Thomas, witnesses, this ��day of April, 1997 . , otary Public NOTARIAL SEAL JANICE M EVELER,Notary Public C�ry of York,York Counry A4y Commission Expires June 4,2C00 VERIFICATION I, FORREST P. HUNSBERGER, JR., state upon personal knowledge, or information that I believe to be true, that the facts in the PETITION FOR CITATION TO FILE PHOTOCOPY OF THE LAST WILL AND TESTAMENT OF FORREST P. HUNSBERGER, SR., DECEASED, are true. I understand that false statements herein are made subject to the criminal penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. � V�� Dated: �� :3�v�� 1 � Z v i y --_. By: FORREST P. HLTNSBERGER, JR.