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HomeMy WebLinkAbout11-21-12NAUMAN, SMITH, SHISSLER & HALL, LLP ~ .--- Craig J. Staudenmaier, Esquire ~, - - ~',~; ~ ': Supreme Court ID# 34996 ~ .pr ^I Joshua D. Bonn, Esquire ~-` ~ `~ Supreme Court ID# 93967 ~.,; - ~. 200 North Third Street, 18`h Floor _- ~ ~ _ P. O. Box 840 _ ~_-.~. ~~~-' ' _~~ ~-~ Harrisburg, PA 17108-0840 ~=~" ~~~~~ `` Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: c~staud~~nssh.com ~bt onn(c~-,nssh.com Counsel for Central Penn Business Journal ESTATE OF IN THE COURT OF COMMON PLEAS FLORENCE M. FASICK, OF CUMBERLAND COUNTY, DECEASED PENNSYLVANIA ORPHANS' COURT DIVISION FILE NO. 21-12-0271 MOTION TO INTERVENE AND NOW comes Journal Multimedia Corporation, publisher of the Central Penn Business Journal, by and through its counsel, NAUMAN, SMITH, SHISSLER & HALL, LLP, and moves this Court pursuant to Pa. R.C.P. 2327 for an order permitting it to intervene in the above-captioned matter for the purposes of challenging the objection of the Commonwealth of Pennsylvania claiming that the Central Penn Business Journal is not a newspaper of general circulation as required under 20 Pa. C.S. §3162, and represents in support thereof the following: 1. Journal Multimedia Corporation is a Pennsylvania corporation and the publisher of the Central Penn Business Journal with its principal offices located at 1500 Paxton Street, Harrisburg, Dauphin County, Pennsylvania 17104. 1 2. The Central Penn Business Journal is published weekly and has been so since 1995 and has a circulation in excess of 10,000 per week. 3. The Central Penn Business Journal is distributed throughout the central Pennsylvania region, including Cumberland County. 4. The Central Penn Business Journal has been publishing estate notices advertised in it pursuant to 20 Pa. C.S. §3162 since September 2004. 5. James D. Bogar, attorney for the Estate of Florence M. Fasick, advertised the granting of Letters Testamentary in the Central Penn Business Journal on March 9, 18 and 23, 2012. 6. On or about October 3, 2012, the Commonwealth of Pennsylvania, by its Attorney General, Linda L. Kelly, filed Objections to the First and Final Account claiming that advertising the grant of letters in the Central Penn Business Journal did not qualify as advertisement in a "newspaper of general circulation" pursuant to 20 Pa. C.S. §3162. 7. Pa. R.C.P. 2327 provides as follows: At any time during the pendency of an action, a person not a party thereto shall be permitted to intervene therein, subject to these rules if (4) the determination of such action may affect any legally enforceable interest of such person whether or not such person maybe bound by a judgment in the action. 2 8. The placement of legal notices, including estate notices, is a source of sizeable revenue to the Central Penn Business Journal and a finding by this Court that it is not a "newspaper of general circulation" pursuant to 20 Pa. C.S. §3261 would have an impact upon its reputation and revenues. 9. Central Penn Business Journal is and has been since its inception a newspaper of general circulation as defined in 45 Pa. C.S.A. §101 and clearly meets the definition of same and is thus a proper publication for the placement of estate notices pursuant to 20 Pa. C.S. §3621 despite the conclusory allegations of the Commonwealth of Pennsylvania to the contrary. 10. There is no current party to this matter who can adequately represent the interests of Central Penn Business Journal. 11. The intervention of the Central Penn Business Journal in this matter will not interfere, delay or prejudice any party hereto. 12. Counsel for the Central Penn Business Journal has sought the concurrence of the other parties to this proceeding who have indicated as follows: James H. Bogar, counsel for the State of Florence M. Fasick: No response Michael Foerster, Office of the Attorney General: He does not concur. Debra P. Fourlas and Kendra D. McGuire, counsel for Elizabethtown College: No response. 3 WHEREFORE, Journal Multimedia Corporation, publisher of the Central Penn Business Journal, respectfully moves this Honorable Court for the entry of an order permitting it to intervene in this matter so as to respond to and defend against the objections of the Commonwealth of Pennsylvania to its status as a newspaper of general circulation. NAUMAN, SMITH, SHISSLER & HALL, LLP ,~ ~ ;~~ Craig J. Staudenmaler, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel for Journal Multimedia Corporation, publisher of the Central Penn Business Journal Date: November 21, 2012 4 I, Lawrence M. Klt~ger President of .~o«i-nal Multimedia, C:c~~~a~a~ion, ~u~Iisl~e~• of Central Pef~n B~rsin~sr ,~ournc~t, tr~ake the Poll©~~rirzg statcm~nt subject to the penalties of 1$ Fa. C.S.:~4904, relating, to unsworrt f~.lsifications to a~ltl~orities, and do state that as president of Journal Multimedia Coi:~oration, l any. autliarizeci to make this verification c~u its behalf, anal do state that tl~e facts set fartli its the foregoing Motion to Intervene are tr.-ue anc coz~xect to the best cif my knowledge; nfannatc~n and belief. _ . "= ~'r _.~..~= -_~~ .. ,. ~.~~ Lary enc ' . I~luger President Date: Noveznt~er mac' , ZQ I2 5 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the law firm of Nauman, Smith, Shissler & Hall, LLP hereby certify that I this day served the foregoing "Motion to Intervene" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Counsel for Estate of Florence M. Fasick James D. Bogar, Esquire One West Main Street Shiremanstown, PA 17011 Counsel for Elizabethtown College Debra P. Fourlas, Esquire Kendra D. McGuire, Esquire McNees Wallace & Nurick LLC 100 Pine Street P. O .Box 1166 Harrisburg, PA 17108-1166 Office of Attorney General Michael T. Foerster Senior Deputy Attorney General Office of the Attorney General Charitable Trusts and Organizations Section 14`h Floor, Strawberry Square Harrisburg, PA 17120 Judy,RA. Imes ~; Date: November 21, 2012 6