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R J. MARZELLA & ASSOCIATES, P.C.
BY: Cynthia M. von Schlichten, Esquire
Pennsylvania Supreme Court I.D. No. 306527
3513 North Front Street
Harrisburg, PA 17110 Attorneys for Edie Gordon,
E-Mail: cvonschlichten@rjmarzella.com Wife of the Decedent
Telephone: (717) 234-7828 Darrell R. Gordon
Facsimile• (7171234 6883
IN THE ORPHANS' COURT
CUMBERLAND COUNTY, PENNSYLVANIA
The Estate of Darrell R. Gordon
File No.: 21-10-1212
PETITION TO ELIMINATE OR LOWER SURETY BOND AMOUNT IN ORDER
TO OPEN ESTATE
Edie Gordon, as wife of the Decedent, Darrell R. Gordon, by and through her
attorney, R. J. Marzella Esquire & Associates, P.C., file the instant Petition to Eliminate
or Lower Surety Bond Amount in Order to Open Estate and in support thereof aver as
follows:
1. On November 24, 2010, Darrell R. Gordon died due to complications
arising from a hernia operation.
2. Mr. Gordon was survived. by his wife, Edie Gordon, and two children,
Jacqueline Ragan, age 20 and Brooklynn Gordon, age 8.
3. Due to questions surrounding his death, on or around December 1, 2010,
the decedent's wife, Edie Gordon, sought representation from RJ Marzella & Associates
to investigate the possibility of medical malpractice causing his death.
4. In order for RJ Marzella & Associates to obtain the medical records for
this investigation, Short Certificates need to be obtained, so the Estate of Darrell R.
Gordon needed to be raised.
5. On December 10, 2010, Mrs. Gordon and Cynthia M. von Schlichten, Esq..
from RJ Marzella & Associates presented to the Cumberland County Register of Wills to
begin the probate process.
6. Pursuant to 20 Pa.C.S.A. § 3155 (b)(2) Mrs. Gordon is named as
Administratrix of her husband's estate and the Letters of Administration are
automatically granted to her.
7. Upon arrival, Mrs. Gordon was informed that pursuant to 20 Pa. C.S.A. §
3174 (b) (2) she would either have to produce renunciations daughter, Jacqueline Ragan
or post a bond in order to open the estate.
8. Jacqueline Ragan currently resides in Germany and so while she is in
regular communication with Mrs. Gordon, obtaining the signed/notarized renunciation
from her would be difficult.
9. Due to this unusual complication, Mrs. Gordon agreed to post a bond, an
amount to be determined at a later date.
10. Currently, there are no assets of any kind in the estate.
2
11. On or around December 15, 2010, the Cumberland County Register of
Wills issued an Order requiring Mrs. Gordon to post a surety bond in the amount of
$10,000. (See attached as Exhibit A.)
12. Such an amount seems excessive and an abuse of power on the part of the
Cumberland County Register of Wills, in consideration of the fact that the estate
currently contains no assets.
13. Mrs. Gordon and her family are simply seeking peace of mind regarding
her husband's untimely death.
14. The Gordons are not a family of wealth and so coming up with even 10%
of the amount of the bond stipulated in the Order would prove a great burden for them.
15. In consideration of these facts, we respectfully ask the Court to eliminate
the surety bond amount in conjunction with the issuance of the Short Certificates or in the
alternative, significantly reduce its amount.
16. In most other counties throughout the Commonwealth, no bond is ever
required in circumstances similar to this one.
17. The purpose of the bond is to protect those who have not signed
renunciations.
18. However, in an estate that has no value there is really no risk and thus, no
protection is necessary.
19. The Gordons have lost a loving husband and father and we simply ask to
make their ordeal a little less difficult and painful by not creating a financial burden that
could preclude them from getting the peace of mind regazding Mr. Gordon's untimely
death.
3
WHEREFORE, Edie Gordon, as wife of the Decedent, Darrell R. Gordon
requests this Honorable Court eliminate the bond required by the Register of Wills or in
the alternative, reduce its amount significantly. A proposed Order is attached for the
convenience of the Court.
Respectfully Submitted,
R. J. Marzella & Associates, P.C.
Cynthia M. von Schlichten, Esquire
Supreme Court ID: 306527
Dated: `~ I ~
4
EXHIBIT A
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF DARRELL R. GORDON,
DECEASED
NO 21-10-1212
DECREE OF THE REGISTER OF Wn ,r S
AND NOW, this 15th day of December, 2010, upon consideration of the Petition for Probate and
Grant of Letters filed by Edie Gordon, dated and filed on December 10, 2010, for the estate of Darrell R.
Gordon, deceased, IT IS HEREBY DECREED that the Petitioner shall post surety bond in the
amount of $10,000.00 in the name of the Commonwealth.
IT IS FURTIIER DECREED that pursuant to 20 Pa. C.S.A. 3174 (b)(2), if properly
executed renunciations from all residuary legatees or next of kin are filed, the bond requirement
shall be waived.
Pursuant to Cumberland County Local Rule 359, any corporation acting as surety shall
have filed in the office of the Prothonotary, a copy of its last annual statement to the Insurance
Commissioner of the Commonwealth of Pennsylvania.
~ ?"RUE DOPY FROM RECORD
In Testimony wherof, I hereunto
set my hand and the seat
~ ~~Cou~Carlisle, PA
Glenda Farner Strasbaugh, Register o 'lls
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