In re Anonymous No. 110 D.B. 89

11 Pa. D. & C.4th 573, 1990 Pa. LEXIS 273
CourtSupreme Court of Pennsylvania
DecidedOctober 9, 1990
DocketDisciplinary Board Docket no. 110 D.B. 89
StatusPublished

This text of 11 Pa. D. & C.4th 573 (In re Anonymous No. 110 D.B. 89) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Anonymous No. 110 D.B. 89, 11 Pa. D. & C.4th 573, 1990 Pa. LEXIS 273 (Pa. 1990).

Opinion

To the Honorable Chief Justice and Justices of the Supreme Court of Pennsylvania:

KELLER, Member,

Pursuant to Rule 208(d) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania submits its findings and recommendations regarding the above-captioned petition for discipline.

HISTORY OF PROCEEDINGS

On October 18, 1989, the Office of Disciplinary Counsel filed a petition for discipline of respondent. The petition alleged numerous Disciplinary and Professional Conduct Rule violations, stemming from respondent’s mismanagement of an estate matter.

Respondent did not file an answer to the petition for discipline. A hearing on the matter was held on February 14, 1990 before Hearing Committee [ ], which consisted of [ ]. On March 19, 1990, the Office of Disciplinary Counsel filed a brief to Hearing Committee [ ], requesting that respondent be disbarred from the practice of law. On May 31, 1990, the hearing committee filed its report on the matter, and recommended that respondent be disbarred. The matter was adjudicated at the August 1990 meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

FINDINGS OF FACT

We adopt the findings of fact contained in the report of the hearing committee, which are based on the stipulations of the parties, petitioner’s exhibits, and the reasonable conclusions to be drawn therein.

[575]*575(1) Petitioner, whose principal office is situated at Commerce Building, 300 N. Second Street, Harrisburg, Pennsylvania, is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement, with the power and duty to investigate all matters involving alleged misconduct of any attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of said Rules of Disciplinary Enforcement.

(2) Respondent was admitted to practice law in the Commonwealth of Pennsylvania on or about May 13, 1983. His office is located at [ ].

(3) Pursuant to the power granted by Pa.R.D.E. 207, petitioner brings against respondent charges of professional misconduct in violation of the Code of Professional Responsibility of Pennsylvania (former 204 Pa. Code Ch. 81) and of the Pennsylvania Rules of Professional Conduct. (204 Pa. Code Ch. 81)

(4) [A] (decedent), a resident of [ ], died intestate on January 1, 1984, survived only by her mother, [B]-

(5) Pursuant to the intestacy laws, [B] is decedent’s sole heir.

(6) Within a month of decedent’s death, [B] retained respondent to assist her in all legal matters arising from decedent’s death.

(7) Respondent undertook to act as both administrator of and attorney to the estate.

(8) On February 14, 1984, [B] executed a renunciation of her right to serve as administratrix in favor of respondent.

[576]*576(9) [B] provided to respondent complete documentation and information concerning the assets and liabilities of the estate.

(10) The assets of the estate included, inter alia: two real properties, one in [ ] and one in [ ]; cash in bank accounts; a claim for termination pay due from the [ ] School District; a claim for a United States income tax refund; and an automobile.

(11) On February 21, 1984, respondent filed a petition for letters of administration, which was granted by the [ ] Register of Wills on that date.

(12) On February 21, 1984, respondent , filed an inventory of the estate.

(13) The inventory of the estate was incomplete, in that respondent did not include therein the anticipated [ ] School District payment and federal tax refund.

(14) Respondent failed to advertise the grant of letters as required by 20 Pa.C.S. §3162.

(15) Respondent failed to act promptly to transfer the title to decedent’s automobile to [B],

(16) Respondent did not obtain an outside appraisal of the [ ] real estate.

(17) On or about March 19, 1984, respondent opened checking account no. [ ] at [C] Bank, captioned “Estate of [A], deceased” (estate account).

(18) Respondent garnered the assets of the estate, including the following, and deposited the funds into the estate account:

[577]*577 Date of Amount Asset
Deposit
03/19/84 $ 2,027.88 [D] Savings & Loan Accounts
07/05/84 9,925.66 School district term, payment
45.89 [E], checking account
15.00 [F] account
9.00 Unknown
07/31/84 3,336.00 Federal income tax return
08/23/84 59.98 Source unknown
09/20/84 347.50 Source unknown
04/17/85 29.40 [G] refund
$ 15,836.31 Total

(19) Respondent failed to advise [B] of his receipt of the School District payment and federal income tax refund.

(20) Respondent obtained the proceeds of an automobile property damage claim, in the amount of $300, which he did not deposit into the estate account.

(21) Respondent failed to file an amended inventory of the estate to reflect the receipt of the school district payment and the federal tax refund.

(22) From time to time, commencing in early 198.4, [B] gave respondent bills which were estate obligations and requested that he pay them from the estate assets.

(23) Respondent failed to pay the bills. [B] continued to receive collection notices from estate creditors.

(24) Under cover of a letter dated April 11, 1984, [H] Life Insurance Company forwarded to [B] a check in the amount of $20,000, the proceeds of a life insurance policy held by decedent, of which [B] was the named beneficiary.

(25) [B] advised respondent of her receipt of said funds.

(26) Respondent falsely advised [B] that estate assets were insufficient to pay the obligations.

[578]*578(27)[B] paid estate obligations from the proceeds of the insurance policy, including:

Date Amount Payee
5/4/84 $2,600.00 [I] Funeral Home
5/4/84 133.59 [J] Corp.
5/4/84 586.15 [K]
5/4/84 716.45 [L]
5/4/84 33.03 [M]
5/4/84 59.59 [N]
5/4/84 35.81 [O]
5/4/84 74.97 [P]
6/29/84 88.40 [I] Funeral Home
$4,297.99 Total

(28) [B] advised respondent that she had paid such bills.

(29) Respondent failed to reimburse [B] for the bills from the estate assets.

(30)Respondent drew checks payable to himself on the estate account for attorney and administrator’s fees, as follows, as annotated by him:

Date Cleared Amount For

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Office of Disciplinary Counsel v. Stern
526 A.2d 1180 (Supreme Court of Pennsylvania, 1987)
Office of Disciplinary Counsel v. Knepp
441 A.2d 1197 (Supreme Court of Pennsylvania, 1982)
Office of Disciplinary Counsel v. Ewing
436 A.2d 139 (Supreme Court of Pennsylvania, 1981)
Matter of Leopold
366 A.2d 227 (Supreme Court of Pennsylvania, 1976)
Office of Disciplinary Counsel v. Grigsby
425 A.2d 730 (Supreme Court of Pennsylvania, 1981)
Office of Disciplinary Counsel v. Kanuck
535 A.2d 69 (Supreme Court of Pennsylvania, 1987)
Office of Disciplinary Counsel v. Lucarini
472 A.2d 186 (Supreme Court of Pennsylvania, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
11 Pa. D. & C.4th 573, 1990 Pa. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-110-db-89-pa-1990.