The URL can be used to link to this page

Home My WebLink About01-09-07 INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LINWOOD B. PHILLIPS, JR.,: Deceased ALICE R. PHILLIPS, : ORPHANS' COURT DIVISION Petitioner o ~o <,~ :rJ ',-.J -0 lTQ .u~ ~~ ~ C)Ci -', (:,?-1;' -,\.-- " .:::J ":i;J "'~'-i -'-~ v. : NO. 21-06-0122 ROBERT G. FREY, Respondent PETITIONER'S MOTION TO COMPEL DEPOSITION AND NOW, comes the Petitioner, Alice R. Phillips, by and through her attorneys, James, Smith, Dietterick & Connelly LLP, and files this Motion to Compel Deposition as follows: 1. The deposition of Karl E. Rominger was initially scheduled for Thursday, August 24,2006 (copy of Notice of Deposition attached hereto as Exhibit "A"), and later rescheduled to November 15, 2006 (copy of Notice of Deposition attached hereto as Exhibit "B"). Subsequently, this deposition was rescheduled to December 6, 2006. 2. On December 6, 2006, all related parties and a court reporter from Geiger and Loria traveled to the offices of Marts on Deardorff Williams & Otto, Ten East High Street, Carlisle, Pennsylvania to attend the 2:00 p.m. scheduled deposition of Karl E. Rominger, Esquire. 3. Within minutes after the deposition began, Attorney Rominger, objected to the Petition to set Aside the Prenuptial Agreement and requested the deposition stop as evidenced by the deposition transcript (a copy of which is attached hereto as Exhibit "C"). 4. Attorney Rominger chose to halt the deposition proceedings. ~ = <::::) --.I <- :J;;loo - ..,.=-- ;~ :-, ~) ~l~ ) : (;'" : l..J , 1...0 \J ....... W N N 5. Attorney Rominger should be compelled to proceed with deposition within twenty (20) days of the date of the Order of this Court. WHEREFORE, Petitioner requests that the Motion to Compel Deposition be Granted and that an Order be issued substantially in the form of the attached proposed Order. Respectfully submitted, Dated: t I~ JO? I By: Attorneys for Petitioner IJ' \ INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ESTATE OF LINWOOD B. PHILLIPS, JR, : Deceased ALICE R. PHILLIPS ORPHANS' COURT DIVISION Petitioner v. : NO. 21-06-0122 ROBERT G. FREY Respondent NOTICE OF ORAL DEPOSITION TO: Karl E. Rominger Rominger, Bayley & Whare 155 S. Hanover Street Carlisle, P A 17013 PLEASE TAKE NOTICE that pursuant to the provisions of the Pennsylvania Rule of Civil Procedure 4007.1, Petitioner, Alice R. Phillips, through her undersigned counsel James, Smith, Dietterick & Connelly, LLP, will take the oral deposition of KARL E. ROMINGER at the law offices of Marts on Deardorff Williams & Otto, Ten East High Street, Carlisle, Pennsylvania on Thursday, August 24, 2006 at 2:00 p.m., before a Notary Public or other person authorized by law to administer oaths. The oral deposition will continue from day to day until completed. You are given notice to attend and take part in the deposition. You are further ordered to bring with you all drafts and documents related to your work product and/or representation of Alice R. Phillips. With respect to each document inquired, this request includes any document that you claim that would be privileged or constitute work product as part of your representation of Ms. Phillips. The term "document" shall be construed in its broadest sense and shall include, but is not limited to, any and all writings and/or drafts related thereto and any: 1) papers; 2) books; 3) ,. - . letters; 4) correspondence; 5) telegrams; 6) electronic mail; 7) transmissions; 8) facsimiles; 9) memoranda; 10) notes; 11) work papers; 12) transcripts; 13) minutes; 14) reports and recordings of telephone conversations and any other interviews or conferences or meetings; and finally 15) any receipts or fees associated with the billing of Alice R. Phillips in this matter. Specifically, we are also requesting each and every document related to your desk calendar and appointment book surrounding Alice R. Phillips. In addition, we are requesting copies of all invoices related to this matter reflecting your time of meetings with Ms. Phillips. In the event your calendar reflects other client confidences, you may redact all information provided, however, that you reserve any and all information related to Alice R. Phillips. Respectfully submitted, Dated: August 16, 2006 By: TERICK & CONNELLY, LLP Attorneys for Petitioner -2- ,- IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LINWOOD B. PHILLIPS, JR,: Deceased ALICE R. PHILLIPS : ORPHANS' COURT DIVISION Petitioner v. : NO. 21-06-0122 ROBERT G. FREY Respondent CERTIFICATE OF SERVICE I, Neil W. Yahn, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for Petitioner, Alice R. Phillips, hereby certifY that I have served a copy of the foregoing Notice of Oral Deposition upon the following, on the date and in the manner indicated below: u.s. MAIL. FIRST CLASS. PRE-PAID Karl E. Rominger c/o Karl E. Rominger Rominger, Bayley & Whare 155 S. Hanover Street Carlisle, P A 17013 George B. Faller Jr., Esquire Michael J _ Collins, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Attorney for Attorney for Robert G. Frey Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, P A 17013 Attorney for the Estate of Linwood B. Phillips, Jr. and Executor Hubert X. Gilroy, Esquire Broujos & Gilroy, P.c. 4 North Hanover Street Carlisle, P A 17013 Attorney for Linda Stull and Linwood B. Phillips, III Dated: August ~, 2006 By: CK & CONNELLY, LLP 4' ,-' INRE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LINWOOD B. PHILLIPS, JR, : Deceased ALICE R. PHILLIPS ORPHANS' COURT DIVISION Petitioner v. ROBERT G. FREY : NO. 21-06-0122 Respondent NOTICE OF ORAL DEPOSITION TO: Karl E. Rominger Rominger, Bayley & Whare 155 S. Hanover Street Carlisle, P A 17013 PLEASE TAKE NOTICE that pursuant to the provisions of the Pennsylvania Rule of Civil Procedure 4007.1, Petitioner, Alice R. Phillips, through her undersigned counsel James, Smith, Dietterick & Connelly, LLP, will take the oral deposition of KARL E. ROMINGER at the law offices of Martson Deardorff Williams & Otto, Ten East High Street, Carlisle, Pennsylvania on Wednesday, November 15, 2006 at 1 :00 p.m., before a Notary Public or other person authorized by law to administer oaths. The oral deposition will continue from day to day until completed. You are given notice to attend and take part in the deposition. You are further ordered to bring with you all drafts and documents related to your work product and/or representation of Alice R. Phillips. With respect to each document inquired, this request includes any document that you claim that would be privileged or constitute work product as part of your representation of Ms. Phillips. The term "document" shall be construed in its broadest sense and shall include, but is not limited to, any and all writings and/or drafts related thereto and any: 1) papers; 2) books; 3) .#. ". letters; 4) correspondence; 5) telegrams; 6) electronic mail; 7) transmissions; 8) facsimiles; 9) memoranda; 10) notes; 11) work papers; 12) transcripts; 13) minutes; 14) reports and recordings of telephone conversations and any other interviews or conferences or meetings; and finally 15) any receipts or fees associated with the billing of Alice R. Phillips in this matter. Specifically, we are also requesting each and every document related to your desk calendar and appointment book surrounding Alice R. Phillips. In addition, we are requesting copies of all invoices related to this matter reflecting your time of meetings with Ms. Phillips. In the event your calendar reflects other client confidences, you may redact all information provided, however, that you reserve any and all information related to Alice R. Phillips. Respectfully submitted, Dated: October u::J , 2006 By: Attorneys for Petitioner -2- " / CERTWICATEOFSERVICE I, Neil W. Yahn, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for Petitioner, Alice R. Phillips, hereby certify that I have served a copy of the foregoing Notice of Oral Deposition upon the following, on the date and in the manner indicated below: u.S. MAIL. FIRST CLASS. PRE-PAID Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, P A 17013 Attorney for the Estate of Linwood B. Phillips, Jr. and Executor George F. Douglas, ill, Esquire Thomas E. Flower, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, P A 17013 Attorney for Susan R. Henry George B. Faller Jr., Esquire Michael J. Collins, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Attorney for Attorney for Robert G. Frey Karl E. Rominger c/o Karl E. Rominger Rominger & Whare 155 S. Hanover Street Carlisle, PA 17013 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, P A 17013 Attorney for Linda Stull and Linwood B. Phillips, III Dated: October~, 2006 By: /".--~'....-.. ,#'~~'-"""",,,, .f ,~ \ (.. ,.-, ' l V /' \\ \ { ,( \ '. \ \ '--". ,. " 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 ORPHAN'S COURT DIVISION 3 ESTATE OF LINWOOD B. PHILLIPS, JR., Deceased 4 ALICE R. PHILLIPS, 5 PETITIONER 6 VS NO. 21-06-0122 7 ROBERT G. FREY, RESPONDENT 8 9 10 11 DEPOSITION OF: KARL ROMINGER 12 TAKEN BY: PETITIONER 13 BEFORE: TERESA K. BEAR, REPORTER NOTARY PUBLIC 14 DATE: DECEMBER 6, 2006, 2:13 P.M. 15 PLACE: MARTSON, DEARDORFF, WILLIAMS & OTTO TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 16 17 18 19 20 21 22 23 24 25 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 2 1 APPEARANCES: 2 JAMES, SMITH, DIETTERICK & CONNELLY BY: JOHN J. CONNELLY, JR., ESQUIRE 3 NEIL W. YAHN, ESQUIRE 4 FOR - PETITIONER 5 6 MARTSON, DEARDORFF, WILLIAMS & OTTO BY: GEORGE B. FALLER, JR., ESQUIRE 7 FOR - EXECUTOR 8 BROUJOS & GILROY, P.C. BY: HUBERT X. GILROY, ESQUIRE 9 FOR - LINDA L. STULL 10 ALSO PRESENT: 11 12 ROBERT G. FREY LINDA L. STULL 13 14 15 16 17 18 19 20 21 22 23 24 25 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 TABLE OF CONTENTS 2 WIT N E S S 3 FOR PETITIONER EXAMINATION 4 Karl Rominger By Mr. Connelly 4 5 6 7 8 9 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are waived; and that all objections except as to the form of the question are reserved to the time of the trial. KARL ROMINGER, called as a witness, being affirmed, testified as follows: EXAMINATION BY MR. CONNELLY: Q Let's get on the record briefly your name, business address. A Before we start, preliminarily I want to say I recently had a chance to read the pleading that was filed in this matter. Q Okay. A I'm in wholehearted disagreement with the accusations made therein and it's my opinion that you may be alleging certain acts by me which, if proven, that I vehemently deny any such thing, that you might potentially make me a claimant or some such thing. So as a result, I want to know before I answer GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 5 A notice of a Q A Q A Q GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 problem with this process, you certainly could have communicated with us, instead of showing up five minutes late and saying on the record that you want an opportunity to the advice of counsel. I mean, I can't deny you that right, but you've wasted all our time by coming here without asserting that ahead of time. A All right, am I under some misimpression that you all convened here today solely to talk to me? Q Yes, you are under the correct impression. We are here to ask you questions about your role in the prenup, period. A You didn't have to come to Carlisle for anything else today? Q No, I absolutely did not. I left my desk and drove here, as he did, for this deposition. A I would appreciate then that I'd been given notice of what spurious and false accusations you and your clients verified and signed. Q A completely ridiculous position to take. We are you don't even know what questions we're going to ask you before you take the stand. You simply are here to answer questions. If you choose to refuse to answer, we must go to the court and compel you to answer or compel you to appear at a deposition. If you -- you want to have counsel, fine, I don't have a problem with that. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 A And my concern is that I may have an issue with the malpractice carrier. If you are going to go after me for any purpose, my carrier may say you went ahead and talked to these fellows without noticing us first so __ Q Karl, my problem with this simply is that you could have done this two weeks ago, not today, and that's the problem. Not that you want to do that, but that you -- you should have noticed us out of common courtesy that you want to consult with your counsel and your malpractice carrier and we'd have had no problem with that. A And I would have known I wanted to do that had I seen these pleadings. Q Well, what in the world did you think you were coming in here for? A Well, I certainly didn't think that you would make those kinds of false or spurious accusations. Q Well, now, you're characterizing things. You're already on the defensive when I simply want to ask you the circumstances surrounding the entry of the agreement. My point simply is common courtesy tells you that you -- you're not a babe in the woods here. You knew exactly what you were coming in here to do. What did you think we were going to ask you about, how you like your building? A Let me ask you -- well, no, you ask the questions, but I'm going to point out to you that there's a GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 big difference between, for instance, the time I deposed Ed Guido about a prenup he did where there was no allegations of conspiracy or any of these crazy things that you've had your client verify. Q So you conclude that the pleadings are crazy? A I conclude that they are spurious, they are false and they are defamatory, sir, and therefore I would like the opportunity to consult with my counsel. I'm not going to answer any other questions today. Q You missed my point. Give us the courtesy of notice if you intend to do that. A It's late for that. You should have given me the courtesy of showing me the document that you debased my reputation with. Q Well, when did you look at this document? A I believe I read through it about a week ago. Q Then a week ago you should have made the phone call. A I would have called you sooner, but I had to think it through and decide how I wanted to handle it. Q All right. Well, you -- we have to file a motion to compel and you've got to do what you've got to do, but the courtesy involved in letting us know that you have some problem with this was your issue, not mine. And we'll talk about the factual GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 determinations later because you can't ignore the request to depose just because you don't like the pleadings. A There's an additional problem here. I don't see anybody here to waive the privilege from either side so Q So you're going to make a legal argument that we can't depose you? You can -- we'll file a motion to compel and you can explain how you want to assert that right. A And next time you do depose me, please bring your client along so that I can hear from her that she is comfortable about releasing the privilege that she and I have. Q She doesn't have to be here personally. That's not required. A I'd like to see something from her to that extent. Q Well, we'll let the court deal with it. MR. YAHN: It was done before. BY MR. CONNELLY: Q That's all. We'll file a motion to compel, you can oppose it and we'll go from there. But the next time you have a problem, do it before everybody travels here to talk to you. A Next time you write something that says I committed those kinds of acts, why don't you call me first. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 Q A Q And do what? And ask me if it's true. Oh, so I'm going to accept your version versus my client's? MR. YAHN: Oddly enough, though, Karl, we did try to reach you. We called you and you never returned our calls. A I did meet with somebody from -- her lawyer. Are you like the new lawyers, is that the theory? I thought I talked to a lawyer. BY MR. CONNELLY: Q A Q Do you even remember who you talked to? A little dude. A little dude, good. (The proceedings were concluded at 2:20 p.m.) GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 11 1 COUNTY OF DAUPHIN S8 2 COMMONWEALTH OF PENNSYLVANIA 3 I, Teresa K. Bear, Reporter-Notary Public, 4 authorized to administer oaths within and for the 5 Commonwealth of Pennsylvania and take depositions in the 6 trial of causes, do hereby certify that the foregoing is the 7 testimony of KARL ROMINGER. 8 I further certify that before the taking of 9 said deposition, the witness was duly sworn; that the 10 questions and answers were taken down stenographically by the 11 said Teresa K. Bear, a Reporter-Notary Public, approved and 12 agreed to, and afterwards reduced to typewriting under the 13 direction of the said Reporter. 14 I further certify that the proceedings and 15 evidence are contained fully and accurately to the best of my 16 ability in the notes taken by me on the within deposition, 17 and that this copy is a correct transcript of the same. 18 In testimony whereof, I have hereunto 19 subscribed my hand this 15th day of December, 2006. 20 21 22 -r~ K. ~ Teresa K. Bear, Reporter Notary Public My commission expires on April 25, 2007 23 24 25 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LINWOOD B. PHILLIPS, JR.,: Deceased ALICE R. PHILLIPS, : ORPHANS' COURT DIVISION Petitioner v. : NO. 21-06-0122 ROBERT G. FREY, Respondent VERIFICATION I, Alice R. Phillips, verify that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: L - .3 -,;) C/o? a~~ 11- I lC fJ ~~ Alice R. Plllllips INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ESTATE OF LINWOOD B. PHILLIPS, JR.,: Deceased ALICE R. PHILLIPS, ORPHANS' COURT DIVISION Petitioner v. : NO. 21-06-0122 ROBERT G. FREY, Respondent CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct ~fthe fore 'ng Petitioner's Motion to Compel Deposition was served on the following this ~ day of 2007, via United States Mail, first class postage, prepaid at Hershey, Pennsylvani : Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 Attorney for the Estate of Linwood B. Phillips, Jr. and Executor Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C, 4 North Hanover Street Carlisle, PA 17013 Attorney for Linda Stull and Linwood B. Phillips, III George B. Faller Jr., Esquire Michael J. Collins, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Attorney for Attorney for Robert G. Frey Attorneys for Petitioner