In re Anonymous

22 Pa. D. & C.4th 163, 1993 Pa. LEXIS 370
CourtSupreme Court of Pennsylvania
DecidedMarch 29, 1993
DocketDisciplinary Board Docket no. 126 D.B. 90
StatusPublished

This text of 22 Pa. D. & C.4th 163 (In re Anonymous) 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, 22 Pa. D. & C.4th 163, 1993 Pa. LEXIS 370 (Pa. 1993).

Opinions

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

SLOANE, Member,

Pursuant to Rule 208(d)(2)(iii), Pa.R.D.E., the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits [164]*164its findings and recommendations to your honorable court with respect to the above-captioned petition for discipline.

I. HISTORY OF PROCEEDINGS

On November 26, 1990, the Office of Disciplinary Counsel filed a petition for discipline of respondent, docketed at no. 126 D.B. 90. The petition contained two charges of misconduct based upon respondent’s alleged misrepresentations to clients, including the creation of false legal documents.

After obtaining the proper extension of time, respondent filed an answer to the petition on January 16, 1991, at which time he denied any wrongdoing.

The matter was referred to Hearing Committee [ ], which was chaired by [ ], Esquire, and included [ ], Esquire, and [ ], Esquire.

On June 15, 1991, petitioner and respondent entered into a stipulation regarding the facts underlying the charges of misconduct. The parties reached an agreement about the basic facts surrounding the alleged misconduct, but were unable to concur on the question of whether respondent had in fact acted in an unprofessional manner.

Hearings on the matter were held on July 10, 1991 and July 26, 1991. On January 3, 1992, the Hearing Committee filed its report and recommended that respondent be suspended from the practice of law for a period of one year and one day.

On January 23, 1992, petitioner filed a brief on exceptions to the findings of the Hearing Committee.

Respondent followed suit, filing his own brief on exceptions on January 27, 1992 and requesting oral argument.

[165]*165On February 18, 1992, respondent filed a brief opposing petitioner’s exceptions.

Petitioner filed a brief in opposition to respondent’s exceptions on February 27, 1992.

On March 23, 1992, the Office of Disciplinary Counsel filed a petition to reopen the record based on the fact respondent had lied under oath before the Hearing Committee concerning where he had graduated from law school. The Disciplinary Board ordered, on April 2, 1992, that the record be reopened for a period of 60 days.

Oral argument was held before a three-member panel of the Disciplinary Board on August 20, 1992.

The matter was originally adjudicated at the October 23, 1992 meeting of the Disciplinary Board of the Supreme Court of Pennsylvania. The matter was reopened and reconsidered at the December 18,1992 and February 25, 1993, meetings of the Disciplinary Board.

II. FINDINGS OF FACT

We make the following findings of fact, based upon the documentary and testamentary evidence presented in this matter:

(1) Petitioner, whose principal office is located at Suite 400, Union Trust Building, 501 Grant Street, Pittsburgh, PA 15219, is invested, pursuant to Rule 207, Pa.R.D.E. with the power and the duty to investigate all matters involving alleged misconduct of an attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid rules.

[166]*166(2) Respondent, [ ], Esquire, was bom in 1944, admitted to practice law in the Commonwealth of Pennsylvania in 1974, and his office is located at [ ].

Charge I

(3) On July 10, 1978, [A] filed suit against [B] for support. Respondent thereafter was retained by [B].

(4) By consent order dated August 3, 1978, the court set forth support payments to be made by [B]. (Ex. P.E. 2.)

(5) On September 16, 1981, a complaint in divorce was filed.

(6) By consent order dated October 5, 1982, the August 3, 1978 support order was continued in effect, with the addition that [B] was to maintain full medical coverage for his wife until further order of court. (Ex. P.E. 3.)

(7) On October 21, 1982, a divorce decree was entered, but the court retained jurisdiction concerning questions of support and equitable distribution between the parties of marital property which remained outstanding. Those issues involved, inter alia:

(a) Ownership of the marital residence;

(b) Ownership of business property located at [ ];

(c) Ownership of insurance policies;

(d) Questions of alimony and support; and,

(e) Blue Cross/Blue Shield coverage for [A] and [B’s] daughter.

(8) Between 1982 and 1987, negotiations as to those issues were undertaken intermittently, but no settlement was reached.

(9) On May 27, 1987, respondent filed an amended pre-trial statement on behalf of [B], in which certain [167]*167recommendations were made for settlement of the equitable distribution, alimony, and other matters.

(10) In the summer of 1987, respondent forwarded to [B] a purported order of court dated May 29, 1987. (Ex. P.E. 4.)

(a) The order bore the indication that it had been approved by “Judge [C],” and consented to by respondent and Attorney [D], the attorney for [A].

(b) The order recited that the following settlement terms had been reached:

(i) [A] was to receive the marital residence and [B] was to receive the business property, both subject to the respective mortgages;

(11) [A] was to receive $35,000;

(iii) Support was set at $1,000 per month, based on $500 support for a dependent child; and,

(iv) [A] was to maintain her own medical insurance effective August 1,1987 and [B] was to maintain medical insurance for the dependent child while she was in college.

(c) Such order was never approved by Judge [C], nor consented to by [D].

(d) Respondent created or caused to be created this false order of court in order to deceive [B] into believing that a settlement in the matter had been reached.

(11) In about July 1987, respondent forwarded to [B] a purported order of court dated July 15, 1987, which, inter alia, assertedly reduced [B’s] support and alimony obligation from $1,500 per month to $750 per month, and ordered payment by [B] of $550 per month to the court on the settlement of the equitable distribution matters. (Ex. P.E. 5.)

(a) Such purported order bore the purported signature of [ ] County Common Pleas Judge [E].

[168]*168(b) Such an order was neither signed or entered, nor caused to be signed or entered, by Judge [E].

(c) Respondent’s implication that the order had been entered was falsely made.

(12) Also at about that time, respondent represented to [B] that the business property located on [ ] in [ ], which was previously in the name of both [B] and [A], had been deeded to [B] in his name only.

(a) The property had not been deeded to [B] in his name only and was at that time in the names of both [B] and [A],

(b) Respondent’s representation to [B] that the property had been deeded to him in his name only was falsely made.

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22 Pa. D. & C.4th 163, 1993 Pa. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-pa-1993.