1:13-cv-01861 #139

1
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DEB WHITEWOOD, et al., : 1:13-CV-1861
:
Plaintiffs, : Hon. John E. Jones, III
:
v. :
:
MICHAEL WOLF, in his official :
Capacity as Secretary, Pennsylvania :
Department of Health, et al., :
:
Defendants. :

MOTION FOR INTERVENTION OF PROPOSED INTERVENOR-
DEFENDANT, THERESA SANTAI-GAFFNEY, SCHUYLKILL COUNTY
CLERK OF THE ORPHANS COURT AND REGISTER OF WILLS

Proposed Intervenor-Defendant, Theresa Santai-Gaffney, in her official
capacity as Schuylkill County Clerk of the Orphans Court and Register of Wills
(hereinafter Proposed Intervenor Gaffney), by and through her undersigned
counsel, and pursuant to Rule 24(a)(2), or alternatively, Rule 24(b) of the Federal
Rules of Civil Procedure, and Rule 7.1 of the United States District Court for the
Middle District of Pennsylvania, files this Motion to Intervene of Right, or in the
alternative, for Permissive Intervention, as defendant in this action (Motion). In
support of this Motion, Proposed Intervenor Gaffney sets forth that:
Case 1:13-cv-01861-JEJ Document 139 Filed 06/06/14 Page 1 of 7
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1. This motion is timely and will not prejudice the interests of the other
parties.
2. Proposed Intervenor Gaffney seeks to intervene as Intervenor-
Defendant to file the accompanying motion for stay and thereafter file an appeal.
3. Intervention by Proposed Intervenor Gaffney in this matter is
necessary because she has significant, distinctly protectable interests in this
litigation and her ability to protect such interests may be impaired by the
disposition of this case.
4. Concurrence was requested of all parties but no response was received
at the time of filing.
5. In support of this Motion, Proposed Intervenor Gaffney relies on the
Declaration of Proposed Intervenor-Defendant, Schuylkill County Clerk of the
Orphans Court and Register of Wills Theresa Santai-Gaffney, and Proposed
Intervenor-Defendants Memorandum of Law filed contemporaneously herewith.
6. So as not to cause any delay, Proposed Intervenor Gaffney relies on,
and adopts as her own, the substantive papers filed by the Defendants in this
matter, including the Answer, Defendants Motion for Summary Judgment, and
Response to Plaintiffs Motion for Summary Judgment.
7. Because the appeal period has commenced and Proposed Intervenor
Gaffney seeks intervention to stay and appeal this Courts May 20, 2014
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Memorandum and Order, she respectfully requests that this Court order an
expedited briefing schedule on this matter, which would enable the Court to decide
these motions during the appeal period. Specifically, Proposed Intervenor Gaffney
requests that this Court require any opposition to be filed by Wednesday, June 11,
2014, and any reply by Friday, June 13, 2014.
8. A proposed order is attached.
Respectfully submitted this 6
th
day of June, 2014.
By: /s/ Jeffrey A. Conrad
Jeffrey A. Conrad, Esquire
PA Bar No. 85156
CLYMER MUSSER & CONRAD, P.C.
408 W. Chestnut Street
Lancaster, PA 17903
Telephone: (717) 299-7101
Facsimile: (717) 299-5115
[email protected]

James M. Smith, Esquire
PA Bar No. 82124
SMITH LAW GROUP, LLC
14133 Kutztown Road
P.O. Box 626
Fleetwood, PA 19522
Telephone: (610) 944-8406
Facsimile: (610) 944-9408
[email protected]

David W. Crossett, Esquire
PA Bar No. 313031
(Application to Admission to U.S. District
Court for the Middle District of PA pending)
14133 Kutztown Road
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P.O. Box 626
Fleetwood, PA 19522
Telephone: (610) 944-8406
Facsimile: (610) 944-9408
[email protected]

Counsel for Intervenor-Defendant

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CERTIFICATE OF CONCURRENCE
Pursuant to Local Rule 7.1, I hereby certify that counsel for the movant has
sought concurrence in the motion from each party. At the time of filing, no
response was received.

By: /s/ James M. Smith
James M. Smith, Esquire
PA Bar No. 82124
14133 Kutztown Road
P.O. Box 626
Fleetwood, PA 19522
Telephone: (610) 944-8406
Facsimile: (610) 944-9408
[email protected]
Counsel for Intervenor-Defendant

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:
:
v. :
:
:
Defendants. :

CERTIFICATE OF SERVICE

I hereby certify that on June 6, 2014, I electronically filed the foregoing
Intervenors Motion to Intervene with the Clerk of Court using the ECF system,
which will effectuate service of this filing on the following ECF-registered counsel
by operation of the Courts electronic filing system:

James D. Esseks
Email: [email protected]

John S. Stapleton

Leslie Cooper

Mark A. Aronchick
Mary Catherine Roper

Molly M. Tack-Hooper
Rebecca S. Melley

Seth F. Kreimer
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Witold J. Walczak

Attorneys for Plaintiffs

William H. Lamb
Joel Frank
Maureen McBride
[email protected]
[email protected]

Attorney for Defendants Sec. Wolf and
Sec. Mueser

Frank Chernak
Ballard Spahr, LLP

Attorney for Donald Petrille, Jr.,
Register of Wills and Clerk of Orphans
Court of Bucks County

Respectfully Submitted:
Clymer Musser & Conrad, P.C.
/s/ Jeffrey A. Conrad _
Jeffrey A. Conrad, Esquire


:
:
v. :
:
:
Defendants. :

ORDER

It is hereby ORDERED, that Theresa Santai-Gaffney, in her official
capacity as Schuylkill County Clerk of the Orphans Court and Register of Wills,
is permitted to intervene as a defendant.

John E. Jones, III
United States District Court

Case 1:13-cv-01861-JEJ Document 139-1 Filed 06/06/14 Page 1 of 1

1:13-cv-01861 #139

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IN THE UNITED STATES DISTRICT COURT

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