Office of Disciplinary Counsel v. Taylor, 042717 PASCDC, 2358-3

Docket Nº:2358 Disciplinary Docket 3
Opinion Judge:PER CURIAM
Party Name:OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. JASON R. TAYLOR, Respondent Nos. 2 DB 2017, 13 DB 2017
Judge Panel:PER CURIAM PER CURIAM
Case Date:April 27, 2017
Court:Court of Judicial Discipline of Pennsylvania
 
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OFFICE OF DISCIPLINARY COUNSEL, Petitioner

v.

JASON R. TAYLOR, Respondent

No. 2358 Disciplinary Docket No. 3

Nos. 2 DB 2017, 13 DB 2017

Court of Judicial Discipline of Pennsylvania

April 27, 2017

Fayette County Attorney Registration No. 93330.

ORDER

PER CURIAM

AND NOW, this 27th day of April, 2017, upon consideration of the Verified Statement of Resignation, Jason R. Taylor is disbarred on consent from the Bar of the Commonwealth of Pennsylvania, see Pa.R.D.E. 215, and he shall comply with provisions of Pa.R.D.E. 217. Respondent shall pay costs to the Disciplinary Board pursuant to Pa.R.D.E. 208(g).

BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

RESIGNATION BY RESPONDENT

Pursuant to Rule 215 of the Pennsylvania Rules of Disciplinary Enforcement

RESIGNATION UNDER Pa.R.D.E. 215

Jason R. Taylor, Esquire, hereby tenders his unconditional resignation from the practice of law in the Commonwealth of Pennsylvania in conformity with Pa.R.D.E. 215 ("Enforcement Rules") and further states as follows:

1. He is an attorney admitted in the Commonwealth of Pennsylvania, having been admitted to the bar on or about October 18, 2004. His attorney registration number is 93330.

2. He desires to submit his resignation as a member of said bar.

3. His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress and he is fully aware of the implications of submitting this resignation.

4. He acknowledges that he is fully aware of his right to consult and employ counsel to represent him in the instant proceeding. He has not retained, consulted with and acted upon the advice of counsel in connection with his decision to execute the within resignation.

5. He is aware that there is presently pending an investigation into allegations that he has been guilty of misconduct, the nature of which allegations have been made known to him by service of a Petition for Discipline filed with the Office of the Secretary of the Disciplinary Board on January 25, 2017, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". He is further aware that he is subject to an Order from this Honorable Court entered March 16, 2017, by which he was to be placed on temporary suspension pursuant to Rule 208(f) (5), Pa.R.D.E, the facts of which, and a copy of the Order, are attached hereto, made a part hereof and marked Exhibit "B".

6. He acknowledges that the material facts upon which the Petition for Discipline is predicated contained in Exhibit "A" are true. He did not file an Answer to the averments contained in the Petition for Discipline and pursuant to Rule 208(b)(3), Pa.R.D.E, all factual averments are deemed admitted.

7. He submits the within resignation because he knows that he could not successfully defend himself against the charges of professional misconduct set forth in the attached exhibits A and B.

8. He is fully aware that the submission of this Resignation Statement is irrevocable and that he can only apply for reinstatement to the practice of law pursuant to the provisions of Enforcement Rule 218(b) and (c) .

9. He is aware that pursuant to Enforcement Rule 215(c) the fact that he has tendered his resignation shall become a matter of public record immediately upon delivery of the resignation statement to Disciplinary Counsel or the Secretary of the Board.

10. Upon entry of the order disbarring him on consent, he will promptly comply with the notice, withdrawal, resignation, trust account, and cease-and-desist provisions of Enforcement Rule 217 (a), (b), (c) and (d).

11. After entry of the order disbarring him on consent, he will file a verified statement of compliance as required by Enforcement Rule 217(e) (1).

12. He is aware that the waiting period for eligibility to apply for reinstatement to the practice of law under Enforcement Rule 218(b) shall not begin until he files the verified statement of compliance required by Enforcement Rule 217(e)(1), and if the order of disbarment contains a provision that makes the disbarment retroactive to an earlier date, then the waiting period will be deemed to have begun on that earlier date.

It is understood that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904 (relating to unsworn falsification to authorities).

Signed this 10 day of April, 2017.

PETITION FOR DISCIPLINE

Petitioner, Office of Disciplinary Counsel, by Paul J. Killion, Chief Disciplinary Counsel, and David M. Lame, Disciplinary Counsel, files the within Petition for Discipline, and charges Respondent Jason R. Taylor with professional misconduct in violation of the Rules of Professional Conduct and the Pennsylvania Rules of Disciplinary Enforcement as follows:

1. Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, P.O. Box 62485, Harrisburg, PA 17106-2485, is invested, pursuant to Rule 207 of the Pennsylvania Rule B of Disciplinary Enforcement (hereafter "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.

2. Respondent, Jason R. Taylor, was born in 1974. Respondent's attorney registration mailing address is 84 E. Main Street. Suite 2, Uniontown, PA 15401.

3. Respondent was admitted to practice law in the Commonwealth of Pennsylvania on October 18, 2004.

4. Respondent is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

CHARGE I: THE WANDELL MATTER

5. On October 13, 2010, Respondent agreed to represent Sharon Wandell (hereinafter, Ms. Wandell) in a divorce and support action against her husband, Bruce Wandell.

6. Respondent had not previously represented Ms. Wandell.

7. Respondent told Ms. Wandell that to handle her case his total fee would be $1, 500, which was to include costs.

8. On October 13, 2010, Ms. Wandell paid Respondent the $1, 500 in cash.

9. Respondent provided Ms. Wandell with a Receipt of Payment, evidencing his receipt of the $1, 500 cash.

10. The $1, 500 cash was not deposited into Respondent's IOLTA Account he maintained at First Niagara Bank, at Account No. 983537203.

11. On October 27, 2010, Respondent filed or caused to be filed a Complaint in Divorce on behalf of Ms. Wandell in the Court of Common Pleas of Fayette County.

12. The case was captioned, Sharon Wandell vs.

Bruce Wandell, and filed at No. 2972 of 2010 GD.

13. After Respondent told Ms. Wandell the case had been filed, Ms. Wandell telephoned Respondent at his office several times during the period of late October 2010 through the early Spring of 2011 with questions she had about the process and her case.

14. Because Ms. Wandell was not able to speak to Respondent, she left him voicemail messages in which she requested information and a return telephone call to the telephone number she included in her voicemail messages.

5. Respondent did not respond to Ms. Wandell's requests for information, he did not return her telephone calls, nor did he communicate with her by any other means.

16. In late Spring of 2011, Ms. Wandell relocated to Ohio which prompted her to telephone Respondent and leave him a voicemail message with her new address and telephone number.

17. After moving to Ohio, Ms. Wandell periodically would telephone Respondent during the remainder of 2011 and through 2012, each time leaving him a voicemail message if the mailbox was not full.

18. Ms. Wandell sent a...

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