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Home My WebLink About03-28-07 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 Q c-o ::c: :'b . -"\-, : NO. 21-06-0122 i_~L;-'2 " 1-_;\11 ~.:...,--:~ \,~j--" >;.,;~ r-:> = (;~ --' ~ Petitioner v. .o.....~ :::0 f'') co ROBERT G. FREY Respondent (j (~) -0 ,-~~'Tl ...;:,," -~ CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL AND NOW, comes Karl E. Rominger, Esquire, and in support of his Concise Statement of Matters Complained on Appeal avers as follows: I. The Court erred in finding that Rominger willfully disobeyed the order of deposition where, the party seeking to depose Rominger, in conjunction with the same lawyers who were to depose Rominger, had served upon Rominger a Writ naming him as a defendant in a separate civil suit, the day before the scheduled deposition, and where Rominger asked for a stay by filing an emergency motion the day of the deposition, of only a few days to hire counsel through his malpractice carrier, and where, since there was no complaint filed, only a summons, Rominger would not know what privileges, rights and rules might apply to his testimony. This was also the first time he was made a party to any action, rather than a mere witness in the matter. 2. Even if the Court decides all of the above is not correct, Alice Phillips was not present at the deposition dates, and as such Rominger could not testify if and until she instructed him orally, or even in writing, to break privilege and / or the confidences of his prior t>-- ,--Tj ~- . CJ . <. o N representation of her, and so no deposition could have occurred, even if Rominger agreed to testifY despite the facts referenced above. This not being of record because no hearing was held, necessitates a remand. 3. The finding ofattorney's fee due and owing is not appropriate either because Rominger was not in contempt, or if he was, they were unreasonable fees, not customary, and not proven by any kind of competent evidence. Nor did either attorney explain the necessity of the same, and further much of what is billed had nothing to do with or was not contingent upon Rominger's deposition. 4. Tliere was not sufficient evidence of record before the Court, where the Court took no testimony, and where the moving parties called no witnesses and gave no testimony, and where Alice Phillip and her attorneys were not subject to Cross Examination by Rominger and / or his attorney. Rominger should be discharged of the contempt. Date: /lc.- ( 2. 11 2 (JOJ . Respectfully submitted, ROMINGER & ASSOCIATES ~ ---- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ESTATE OF LINWOOD B. PHILLIPS, JR, : Deceased ALICE R. PHILLIP : ORPHANS' COURT DIVISION Petitioner v. : NO. 21-06-0122 ROBERTG. FREY Respondent CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby certify that a true and correct copy of the within Concise Statement was served upon the following individuals on the below date, by placing same in the United States Mail, first-class postage prepaid, addressed as follows: The Honorable C. Joseph Rehkamp Center Square vi" P ~tI E y New Bloomfield, Pennsylvania 17068 Clerk of Orphan's Court One Courthouse Square Carlisle, Pennsylvania 17013 Neil W. Yahn, Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, Pennsylvania 17033 Robert G. Frey, Esquire FREY & TILEY 5 South Hanover Street Carlisle, Pennsylvania 17013 George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS OTTO, FALLER & GILROY Ten East High Street Carlisle, Pennsylvania 17013 Michael J. Collins, Esquire MARTS ON, DEARDORFF, WILLIAMS OTTO, FALLER & GILROY Ten East High Street Carlisle, Pennsylvania 17013 Hubert X. Gilroy, Esquire MARTSON, DEARDORFF, WILLIAMS OTTO, FALLER & GILROY Ten East High Street Carlisle, Pennsylvania 17013 Date: ! ~~t 2~L~) f' George F. Douglas, III, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 Respectfully submitted. ROMINGER & ASSOCIATES 7 Karl. E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant