Office of Disciplinary Counsel v. Oakley, 071317 PASCDC, 2387-3
|Docket Nº:||2387 Disciplinary Docket 3|
|Opinion Judge:||PER CURIAM|
|Party Name:||OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. ANNETTE MARIA OAKLEY, Respondent No. 182 DB 2016|
|Case Date:||July 13, 2017|
|Court:||Court of Judicial Discipline of Pennsylvania|
Attorney Registration No. 91484 (Philadelphia)
AND NOW, this 13th day of July, 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 Annette Maria Oakley is suspended on consent from the Bar of this Commonwealth for a period of one year. Respondent is directed to comply with all the provisions of Pa.R.D.E. 217, and shall pay the costs incurred by the Disciplinary Board in the investigation and prosecution of this matter.
JOINT PETITION IN SUPPORT OF DISCIPLINE ON CONSENT UNDER RULE 215(d), Pa.R.D.E.
Petitioner, Office of Disciplinary Counsel, by Paul J. Killion, Esquire, Chief Disciplinary Counsel, and by Richard Hernandez, Esquire, Disciplinary Counsel, and Respondent, Annette Maria Oakley, file this Joint Petition In Support of Discipline On Consent Under Rule 215(d) of the Pennsylvania Rules of Disciplinary Enforcement ("the Joint Petition") and respectfully represent that:
1. Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2 700, 601 Commonwealth Avenue, P.O. Box 62485, Harrisburg, Pennsylvania, is invested, pursuant to Pa.R.D.E. 2 07, 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 said Rules of Disciplinary Enforcement.
2. Respondent, Annette Maria Oakley, was born in 1964, and has a public access address at P.O. Box 3162 9, Philadelphia, PA 19147.
3. Pursuant to Pa.R.D.E. 201(a)(1), Respondent is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court.
SPECIFIC FACTUAL ADMISSIONS AND RULES OF PROFESSIONAL CONDUCT VIOLATED
4. Respondent has agreed to enter into a joint recommendation for consent discipline.
5. Respondent stipulates that the factual allegations set forth below are true and correct and that she violated the charged Rules of Professional Conduct and Pennsylvania Rules of Disciplinary Enforcement as set forth herein.
6. Respondent was admitted to practice law in New Jersey on May 23, 2003, and in the Commonwealth of Pennsylvania on November 10, 2 003.
7. In October 2 006, Respondent was retained to represent Eugenia Jones, Charlene Jones, and Vernon Terrell in a dispute they had with Atlantic Home Builders, Inc. ("Atlantic") and Lawrence Iaacs.
8. The dispute originated in Atlantic County, New Jersey, where Ms. Eugenia Jones, Ms. Charlene Jones, and Mr. Terrell reside.
9. At or about that time, Respondent maintained law offices in Haddon Heights, New Jersey and Newtown, Pennsylvania.
10. Sometime in 2 007, Respondent filed a lawsuit on behalf of Ms. Eugenia Jones, Ms. Charlene Jones, and Mr. Terrell in the Superior Court of New Jersey, Law Division, Atlantic County, said case captioned Eugenia Jones, Charlene Jones, and Vernon Terrell vs. Atlantic Home Builders, Inc., et al., docket number ATL-L-1245-07 ("the Jones lawsuit"). 11. On January 13, 2009, a mandatory, non-binding arbitration hearing was held in the Jones lawsuit.
12. An arbitration award was entered in favor of Ms. Eugenia Jones, Ms. Charlene Jones, and Mr. Terrell and against Atlantic in the amount of $66, 563.76.
13. On March 20, 2009, the court entered an Order that granted Respondent's Motion to Confirm the Arbitration Award and entered a judgment based on the arbitration award ("the New Jersey judgment").
14. On March 22, 2010, Respondent filed with the Office of the Prothonotary for the Court of Common Pleas of Bucks County the necessary paperwork to have the New Jersey judgment j recorded in Bucks County, said matter captioned Eugenia Jones, Charlene Jones, and Vernon Terrell vs. Atlantic Home Builders, Inc., et al., docket number 2010-02816 ("the Bucks County judgment") .
15. Respondent advised Ms. Eugenia Jones, Ms. Charlene Jones, and Mr. Terrell that Donegal Mutual Insurance Company ("Donegal") had provided liability coverage for Atlantic and that Respondent intended to have the Court of Common Pleas of Buck County compel Donegal to satisfy the New Jersey judgment.
16. After Respondent had the New Jersey judgment recorded in the Court of Common Pleas of Buck County, she failed to take any further action to compel Donegal to satisfy the New Jersey judgment.
17. Due to health reasons, Respondent did not renew her law license that expired on July 1, 2012, in that she did not file a 2012-2013 PA Attorney's Annual Fee Form and make the required annual fee payment for active status with the Attorney Pennsylvania Office.
18 . By Order of the Supreme Court of Pennsylvania dated September 19, 2012 ("the Order"), effective October 19, 2012, Respondent was administratively suspended from the practice of law in the Commonwealth of Pennsylvania pursuant to Pa.R.D.E. 219.
19. By letter dated September 19, 2012, sent to Respondent's residence address at 2015 South 11th Street, Philadelphia, PA, 19148, by certified mail, return receipt requested, Suzanne E. Price, Attorney Registrar: a. enclosed a copy of the Order and a list of attorneys, which included Respondent, who were subject to the Order;
b. advised Respondent that she was to be administratively suspended effective...
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