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Home My WebLink About11-30-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Estate of Florence M. Fasick ORPHANS' COURT DIVISION Case No. 21-12-0271 COMMONWEALTH'S OBJECTION TO THE MOTION TO INTERVENE FILED BY CENTRAL PENN BUSINESS JOURNAL Filed on behalf of OBJECTOR: COMMON WEALTH OF PENNSYLVANIA by Linda L. Kelly Attorney General Counsel of Record for this Party: Michael "l. Foerster Senior Deputy Attorney General PA ID #78766 Office of Attorney General Charitable Trusts & Organizations Section 14~' Floor -Strawberry Squaze Harrisburg, Pennsylvania 17120 ~ ~.., ~v ~ ~``' mm n C7d Z7 r ' G7 c= , C1 ^'~n ~ A r ~_~ cn:v t: A -'a'- ~ ~ L~ --s ft-~ PYl ~ to -Ta O '-~ t.7 "~Y C, ~.~ ., . .. -L -d -i A" r R7 ~:. ^' ~"a m N O tVt C '> ~ ~ ^ n ~ ~ ~ ~ ti c_> C:, > X l+ rnSn --+c.: ~ x,,. r w sPt t `: A ~ ;x~ O ~' C7 ~ C~ ~ t ~ ~~ ~~~ ~ ~~. r-r -{ r...- v ~1 L~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~~ ORPHAN'S COURT DIVISION Estate of Florence M. Fasick Case No. 21-12-0271 COMMONWEALTH'S OBJECTION TO THE MOTION TO INTERVENE FILED BY CENTRAL PENN BUSINESS JOURNAL AND NOW comes the Commonwealth of Pennsylvania, by its Attorney General, Linda L. Kelly, acting in her capacity as parens patriae to object to the Motion to Intervene filed by Journal Multimedia Corporation d/b/a Central Penn Business Journal (hereinafter "Business Journal") as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. After reasonable investigation, the Commonwealth is without the knowledge to respond to this allegation; therefore the same is DENIED and strict proof is demanded at hearing on this issue. 5. ADMITTED. 6. ADMITTED. 7. DENIED as a conclusion of law. While this matter is under the exclusive jurisdiction of the Orphans' Court Division, the Movant cites the Rules of Civil Procedure; to the extent that Kules of Civil Procedure are relevant, the cited rule is inapposite and actually against the interests of the Movant to wit: the Court's ruling on the Commonwealth's October 3, 2012 objection will not affect the Business Journal in regard to the advertisement of the Estate of Florence Fasick; indeed the Business Journal will not be "bound by a judgment in the action" as the natural remedy would simply be that the Estate effect proper publication in an actual newspaper of general circulation; the Business Journal would not have to return the fees it received for the ineffective publication thus the Business Journal does not suffer the loss of this transaction. "A party is aggrieved and therefore has standing when the party is directly and adversely affected by a judgment, decree or order and has some pecuniary interest which is thereby injuriously affected." Estate of Seasoned, 320 Pa. Super. 565, 568-69, 467 A.2d 857, 859 (1983) citing In re Estate of Atlee, 406 Pa. 528, 178 A.2d 722 (1962); ("standing does not arise from some remote consequence of a judgment"), Season~ood at 859. 8. After reasonable investigation, the Commonwealth is without the knowledge to respond to this allegation; therefore the same is DENIED however, strict proof is not demanded at hearing on this issue because it is irrelevant to the Estate of Florence Fasick. 9. DENIED as a conclusion of law. By way of further response, Business Journal is not a newspaper of general circulation because it is not "general" but a business journal. In fact, the section cited by the Business Journal states the following definition, entirely: A newspaper issued daily, or not less than once a week, intended for general distribution and circulation, and sold at fixed prices per copy per week, per month, or per annum, to subscribers and readers without regard to business, trade, profession or class. 45 Pa. Cons. Stat. Ann. § 101 (West)(Emphasis added here) and the Central Penn Business Journal is neither intended for general distribution nor distributed without regard to business, trade, profession or class. 10. DENIED. Business Journal has been paid for its services and no one disputes that it can retain its fees. 11. ADMITTED. 3 WHEREFORE, the Commonwealth respectfully requests that this Honorable Court dismiss the motion to intervene of Journal Multimedia Corporation d/b/a Central Penn Business Journal. Respectfully Submitted: LINDA L. KELLY Attorney General By: ~P/~- ICHAEL T. FOERSTER Senior Deputy Attorney General Pa. Attorney No.: 78766 Office of Attorney General Charitable Trusts & Organizations Section 14~' Floor -Strawberry Square Harrisburg, Pennsylvania 17120 717-783-2853 MARK A. PACELLA Chief Deputy Attorney General November 28, 2012 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~; ORPHAN'S COURT DIVISION Estate of Florence M. Fasick Case No. 21-12-0271 CERTIFICATE OF SERVICE I, Michael T. Foerster, counsel for the Commonwealth, hereby certify that on November 28, 2012, I caused true and correct copy of the foregoing document titled Commonwealth's Objection to the Motion to Intervene Filed By Central Penn Business Journal to be mailed first class, postage prepaid, to all other parties of record as follows: James D. Bogar, Esquire Bogar & Hipp Law Offices One West Main Street Shiremanstown, PA 17011 Kendra McGuire, Esquire McNees Wallace & Nurick 570 Lausch Lane, Suite 200 Lancaster, PA 17601 Bethesda Mission 611 Reilly Street Harrisburg, PA 17102 Joshua D. Bonn, Esquire Nauman Smith Shissler & Hall 200 North 3`d Street - 18`" Floor Harrisburg, PA 17101 Office of Attorney General Charitable Trusts & Organizations Section 14~' Floor -Strawberry Square Harrisburg, Pennsylvania 17120 Nursing Foundation of Pennsylvania 2578 Interstate Drive -Suite 101 Harrisburg, PA 17110 ICHAEL T. FOERSTER Senior Deputy Attorney General