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Craig A.Diehl, Esquire , �� "`�
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I.D.No. 52801 4 - � y
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LAW OFFICES OF CRAIG A.DIEHL "> r-.-3 , :_3 •
3464 Trindle Road r�� .r �-'
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Camp Hill, PA 17011 -U •� +--
Attorney for Petitioner Kathy L. Hughes �TM '�' "' �
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IN RE: : iN THE COURT OF COMMON PLEAS OF
ESTATE OF ERNEST E. BOLTON, : CUMBERLAND COUNTY, PENNSYLVANIA
Deceased, :
: ORPHANS COURT DIVISION
: NO. 21-14-0015
PETITION TO COMPEL
ADMINISTRATION OF THE ESTATE
AND NOW COMES, Petitioner, Kathy L. Hughes, by and through her counsel, Law
Offices of Craig A. Diehl, and moves this Honorable Court as follows:
1. Petitioner in the above captioned proceeding is the Executrix of the Estate of
Rena G. Burk alk/a Rena B. Burk, Estate Number 21-13-0799, having been appointed
Executrix through a Certificate of Grant of Letters dated July 29, 2013.
2. Respondents are the heirs of the Estate of Ernest E. Bolton.
3. Ernest E. Bolton passed away on January 22, 2013.
4. 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 l, 2011,
up until his death.
5. During the course of administration of Rena Burk's estate, Petitioner also
discovered that Ernest Bolton breached his fiduciary duties by misappropriating funds
from certain bank accounts owned by Rena Burk in order to pay for his own medical
costs and various personal expenses.
6. The last known address of Ernest E. Bolton was 40 North Enola Drive, Enola,
Pennsylvania 17025.
7. To the best of Petitioner's knowledge, information, and belief, Ernest E. Bolton
died intestate and was survived by a spouse, Laurie Eslinger Bolton, also of the above
listed address, and seven (7) children, whose addresses could not be ascertained by
Petitioner.
8. While an estate has been opened for Ernest E. Bolton in Cumberland County, the
probate fees have not been paid and no personal representative has been appointed.
9. Counsel for Petitioner was informed by Counsel for Laurie E. Bolton that Mrs.
Bolton did not wish to serve as the personal representative for her late husband's estate.
10. Due to the fact that no personal representative had been appointed within one (1)
year of the death of Ernest E. Bolton, on January 22, 2014, Petitioner filed a Petition for
Appointment of Personal Representative seeking to have herself appointed personal
representative of the Estate of Ernest E. Bolton as an"other fit person" pursuant to 20 Pa.
C.S. § 3155(b)(5).
11. On January 24, 2014, the Register of Wills office informed Petitioner's Counsel
that the proper method to proceed with the administration of the Estate of Ernest E.
Bolton was not through the filing of the Petition for Appointment of Personal
Representative, but through the filing of this Petition.
12. Due to the inactivity in administering this estate, Petitioner desires this Honorable
Court to issue a Rule to Show Cause upon the heirs of the Estate of Ernest E. Bolton to
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show cause as to why one or all of them should not apply for Letters of Administration of
his estate, or, in the alternative, why Kathy L. Hughes should not be granted such letters.
WHEREFORE, Petitioner, Kathy L. Hughes, respectfully requests this Honorable Court
grant her Petition to Compel Administration of the Estate of Ernest E. Bolton and issue a Rule to
Show Cause upon the heirs of his estate as to why one or all of them should not apply for Letters
of Administration, or, in the alternative, why Kathy L. Hughes should not be granted such letters,
and such other relief as this Honorable Court deems just and reasonable.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: 1 a By: �
Craig iehl, Esquire
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Tel: (717) 763-7613
Attorney for Petitioner, Kathy L. Hughes
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