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IN RE: : 1N THE COURT OF COl��N`PLE�S OF -�;
ESTATE OF ERNEST E. BOLTON, : CUMBERLAND COUNTY,�'�NNS�X�,V�.N��
Deceased : �=� -�= � �
: ORPHANS COURT DIVISION �'
: NO. �I"/� ' L��/�
PETITION FOR APPOINTMENT OF PERSONAL REPRESENTATIVE
AND NOW, comes Petitioner, Kathy L. Hughes, through her counsel, Law Offices of
Craig A. Diehl, petitioning the Court as follows:
1. Petitioner, Kathy L. Hughes, is an adult individual residing at 740 Kise Mill
Road, York Haven, Pennsylvania 17370.
2. Petitioner is the personal representative of the Estate of Rena G. Burk a/k/a Rena
B. Burk, Estate Number 21-13-0799, and was appointed Executrix through a Certificate of Grant
of Letters dated July 29, 2013.
3. Respondents are the beneficiaries of the Estate of Ernest E. Bolton.
4. Ernest E. Bolton passed away on January 22, 2013.
5. The last known address of Ernest E. Bolton was 40 N. Enola Drive, Enola,
Pennsylvania 17025.
6. Petitioner has performed a diligent search of all known records and ascertained
that Ernest E. Bolton left no will and was survived by a spouse, Laurie Eslinger Bolton, also of
the above-listed address, and seven (7) children.
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7. No estate has ever been opened for Ernest E. Bolton in Cumberland County,
Pennsylvania.
8. As Executrix for the Estate of Rena G. Burk, Petitioner discovered that Ernest E.
Bolton held power of attorney over Rena G. Burk from approximately February 1, 2011, up until
his death.
9. During the course of administration of Ms. Burk's estate, Petitioner discovered
that Mr. Bolton breached his fiduciary duties to Ms. Burk by misappropriating funds from certain
bank accounts owned by Ms. Burk in order to pay for his own medical costs and various personal
expenses.
10. Petitioner asserts that the Estate of Rena G. Burk has a contingent claim against
the Estate of Ernest E. Bolton due to Mr. Bolton's aforementioned actions as power of attorney.
11. Due to the approaching expiration of the one (1) year period to submit claims
against Mr. Bolton's estate, and the fact that no estate has been opened and no personal
representative has been appointed, Petitioner files this Petition as an "other fit person" in
accordance with 20 Pa. C.S. § 3155(b)(5), and seeks to have herself appointed personal
representative of the Estate of Ernest E. Bolton.
12. Petitioner's sole purpose in seeking appointment of personal representative in this
matter is to facilitate the commencement of the Estate of Rena G. Burk's tort claim against the
Estate of Ernest E. Bolton.
13. Petitioner has been unable to verify and obtain information necessary to probate
Mr. Bolton's estate; specifically, his death certificate, social security number, and asset
information.
14. If Petitioner is appointed personal representative, she will supplement the record
with the aforementioned information.
15. Upon application, if any, of a beneficiary or other creditor, Petitioner will offer to
remove herself as personal representative in order to substitute another qualified party.
WHEREFORE, Petitioner requests your Honorable Court issue an Order granting the
Petition of Kathy L. Hughes appointing her as the personal representative of the Estate of Ernest
E. Bolton, and grant Petitioner an extra thirty (30) days to file a claim against the estate of Ernest
E. Bolton.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: � By:
' Craig A iehl, Esquire
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Tel: (717) 763-7613
Fax: (717) 763-8293
Attorney for Petitioner
VERIFICATION
I, Craig A. Diehl, Esquire, attorney for the Petitioner, verify that the statements made in
the foregoing documents are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
Date: ' � G� �
Craig A iehl, Esquire, CPA