HomeMy WebLinkAbout02-01-07
IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF LINWOOD B. PHILLIPS, JR, :
Deceased
ALICE R. PHILLIP
: ORPHANS' COURT DIVISION
Petitioner
v.
: NO. 21-06-0122
ROBERT G. FREY
Respondent
EMERGENCY REQUEST TO STAY DEPOSITION
BY DEPONENT KARL E. ROMINGER, ESQ.
GJ
N
V:J
1. Your petitioner is undersigned Counsel who is scheduled for an oral deposition at the
request of Counsel for Alice R. Phillip.
2. The Court has previously compelled this deposition by Order, and give undersigned 10
days to object from service ofthe same.
3. Undersigned was planning to attend and testify, but circumstances have arisen which
make testifying this day detrimental to undersigned and many of the other parties
involved in this litigation.
4. On January 31,2007 in the afternoon, undersigned was in the Courthouse and was
approached by a Sheriff, who indicated he had papers to serve upon undersigned.
5. Undersigned went to the Sheriffs office, where he received a Writ of Summons,
notifying undersigned that Alice Phillips, the moving party in this suit, at this caption, has
initiated a separate civil action directly against undersigned.
6. It now appears that the attorney for Alice Phillips is intending to use this deposition to
forward the other suit, which greatly changes your petitioner's interests in the matter.
7. Given the fact that the Writ was issued on January 29, 2007, it is believed that the
attorneys for Alice Phillips did not expect petitioner to be served with the same or aware
of the same prior to the deposition, given that service usually takes more than a week.
8. Undersigned gave notice of this claim to his Insurance carrier for professional
malpractice.
9. The carrier's hotline attorney instructed petitioner that he is not to be deposed under any
circumstance, until local counsel could be found, secured by the carrier, and be brought
up to speed on the issues.
10. The carrier's hotline attorney indicated that even if sanctioned undersigned was not to
participate.
11. Undersigned believes that ifhe obeys the Court order compelling the deposition, he may
nullify his coverage in this matter by violating a duty of cooperation with the carrier.
12. If the carrier finds no cooperation, they can potentially terminate the substantial coverage
which applies to this situation.
13. While Alice Phillips and her attorney Niel Yahni may suggest that this is a risk they will
waive, it will prejudice undersigned, as well as all other parties.
14. The estate and heirs of the estate would also lose any potential coverage.
15. Of course undersigned denies any liability, and believes the malicious allegations made
in this matter will fail, nonetheless, time is needed to see why Alice Phillips has sued
undersigned, and how this effects the deposition.
Wherefore, undersigned requests that the deposition be stayed a minimum of 15 days for
Counsel to become involved, without prejudice for said Counsel, once obtained, to file any
other necessary requests concerning said deposition.
,/
-,
Date:
I .'1"
!- C/v /
Respectfully submitted,
ROMINGER & WHARE
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PAl 70 13
(717) 241-6070
Supreme Court ID # 81924
IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF LINWOOD B. PHILLIPS, JR,:
Deceased
ALICE R. PHILLIP
: ORPHANS' COURT DIVISION
Petitioner
v.
: NO. 21-06-0122
ROBERT G. FREY
Respondent
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, do hereby certify that I this day served a copy of the attached
request upon the following by hand, addressed as follows:
Neil Yahn, Esquire
Hubert Gilroy, Esquire
Robert Frey, Esquire
George Faller, Jr., Esquire
At:
MARTSON, DEARDORFF, WILLIAMS & OTTO
10 East High Street
Carlisle, Pennsylvania 17013
ROMINGER & WHARE
Dated:
"--:-
_::-- ./ ;i
- "
):).:., ]
/)
j
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 81924