Office of Disciplinary Counsel v. Fogle, 022417 PASCDC, 2335-3

Docket Nº:2335 Disciplinary Docket 3
Opinion Judge:PER CURIAM.
Party Name:OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. KEVIN C. FOGLE, Respondent No. 130 DB 2016
Judge Panel:PER CURIAM.
Case Date:February 24, 2017
Court:Court of Judicial Discipline of Pennsylvania
 
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OFFICE OF DISCIPLINARY COUNSEL, Petitioner

v.

KEVIN C. FOGLE, Respondent

No. 2335 Disciplinary Docket No. 3

No. 130 DB 2016

Court of Judicial Discipline of Pennsylvania

February 24, 2017

Attorney Registration No. 315189 (Montgomery County)

ORDER

PER CURIAM.

AND NOW, this 24th day of February, 2017, upon consideration of the Recommendation of the Three-Member Panel of the Disciplinary Board, the Joint Petition in Support of Discipline on Consent is granted, and Kevin C. Fogle is suspended on consent from the Bar of this Commonwealth for a period of one year and one day. He shall comply with all provisions of Pa.R.D.E. 217.

Respondent shall pay the costs incurred by the Disciplinary Board in the investigation and prosecution of this matter.

BEFORE THE DISICPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

OFFICE OF DISCIPLINARY COUNSEL, Petitioner

v.

KEVIN C. FOGLE, Respondent

No. 2335 Disciplinary Docket No. 3

No. 130 DB 2016

Attorney Registration No. 315189 (Montgomery County)

JOINT PETITION IN SUPPORT OF DISCIPLINE ON CONSENT PURSUANT TO PA.R.D.E. 215(D)

Petitioner, the Office of Disciplinary Counsel (hereinafter, "ODC") by Paul J. Killion, Chief Disciplinary Counsel, and Dana M. Pirone, Disciplinary Counsel and Respondent, Kevin C. Fogle (hereinafter, "Respondent"), respectfully petition the Disciplinary Board in support of discipline on consent, pursuant to Pennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") 215(d), and in support thereof state:

1. Petitioner, whose principal office is situated at Pennsylvania Judicial Center, 601 Commonwealth Ave., Suite 2700, P.O. Box 62485, Harrisburg, Pennsylvania, 17106 is invested, pursuant to Pa.R.D.E. 207, with the power and 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 Enforcement Rules.

2. Respondent, Kevin C. Fogle, was born on December 4, 1984, and was admitted to practice law in the Commonwealth of Pennsylvania on April 24, 2013.

3. By Order dated September 21, 2015, the Supreme Court of Pennsylvania administratively suspended Respondent.

4. Respondent's current registration address is 3027 Perm View Lane, Eagleville, PA 19403.

5. On December 9, 2016, Petitioner and Respondent filed a Joint Petition to Temporarily Suspend an Attorney.

6. On August 12, 2016, Petitioner filed a Petition for Discipline for: failure to communicate; abandonment of two clients, Michael G. Hagar and Eileen Tomeo; failure to appropriately hold, account for and disburse client funds; and violation of the Supreme Court's Order dated September 21, 2015, placing him on administrative suspension and the Enforcement Rules.

7. Respondent did not file an Answer to the Petition for Discipline.

8. Due to Respondent's failure to file an Answer, all factual allegations in the Petition for Discipline are deemed admitted. Pa.R.D.E. 208(b)(3).

9. Respondent appeared and participated in the prehearing conference held on November 14, 2016.

FACTUAL BACKGROUND

10. By Order dated September 21, 2015, the Supreme Court of Pennsylvania administratively suspended Respondent for failing to comply with Rule 219 of the Pennsylvania Rules of Disciplinary Enforcement (the "Order").

11. By letter dated September 21, 2015, the Attorney Registrar, Suzanne E. Price, transmitted a certified copy of the Order to Respondent together with copies of Enforcement Rules 217 and 219 and copies of the relevant Board Rules pertaining to formerly admitted attorneys.

11. Respondent failed to comply with any of the rules identified in Ms. Price's letter.

12. Respondent failed to notify litigation clients, Michael G. Hagar and Eileen Tomeo, about Respondent's administrative suspension.

13. Respondent failed to notify the Montgomery County Court of Common Pleas about his administrative suspension.

14. Respondent failed to notify opposing counsel in the litigation matters involving Mr. Hagar and Ms. Tomeo about Respondent's administrative suspension.

15. Respondent abandoned his litigation clients, Mr. Hagar and Ms. Tomeo, while they had pending cases.

16. Respondent did not file a Statement of Compliance.

17. Respondent has been administratively suspended since October 21, 2015.

CHARGE ONE COMPLAINT OF MICHAEL G. HAGAR

18. ODC incorporates by reference the factual background averred in Paragraphs 9 through 17, supra.

19. On June 3, 2014, Respondent entered into a written fee agreement with Mr. Hagar to represent him against Mr. Hagar's former landlord. Respondent and Mr. Hagar agreed upon a $1, 000.00 flat fee to be held in trust until Respondent earned the advanced fee.

20. Mr. Hagar retained Respondent to represent him for claims against his former landlord arising from an alleged wrongful eviction, including the return of Mr. Hagar's $625.00 security deposit.

21. Mr. Hagar's landlord refunded $477.00 (after deducting the cost of repairs) from the security deposit.

22. Respondent agreed to hold Mr. Hagar's $477.00 in trust.

23. Respondent did not hold Mr. Hagar's funds in an IOLTA.

24. On September 4, 2014, Respondent initiated an action against Mr. Hagar's landlord in the Montgomery County Court of Common Pleas captioned Michael Hagar v. John H. Hammond et al, Case No. 2014-25112 (the "Action").

25. By October 2014, Respondent claimed that he had charged too little to represent Mr. Hagar. In...

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