Office of Disciplinary Counsel v. D'Antonio, 030118 PASCDC, 2448-3

Docket Nº:2448 Disciplinary Docket 3, 177 DB 2017
Opinion Judge:PER CURIAM.
Party Name:OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. DANIEL JOSEPH D'ANTONIO, Respondent
Attorney:Anthony A. Czuchhicki Disciplinary Counsel. Daniel Joseph D'Antenio Respondent.
Case Date:March 01, 2018
Court:Court of Judicial Discipline of Pennsylvania
 
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OFFICE OF DISCIPLINARY COUNSEL, Petitioner

v.

DANIEL JOSEPH D'ANTONIO, Respondent

No. 2448 Disciplinary Docket No. 3

No. 177 DB 2017

Court of Judicial Discipline of Pennsylvania

March 1, 2018

Attorney Registration No. 312293 (Lackawanna County)

Anthony A. Czuchhicki Disciplinary Counsel.

Daniel Joseph D'Antenio Respondent.

ORDER

PER CURIAM.

AND NOW, this 1st day of March, 2018, 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 Daniel Joseph D'Antonio is suspended on consent from the Bar of this Commonwealth for a period of two years. He shall comply with all the 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.

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

Petitioner, Office of Disciplinary Counsel, by Paul J. Killion, Chief Disciplinary Counsel, and Anthony A. Czuchnicki, Disciplinary Counsel, and Respondent, Daniel Joseph D'Antonio, file this Joint Petition in Support of Discipline on Consent under Rule 215(d) of the Pennsylvania Rules of Disciplinary Enforcement (hereinafter "Pa. R.D.E.") and in support thereof state:

1. Petitioner, whose principal Office is located at the Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. Box 62485, Harrisburg, PA 17106, is invested, pursuant to Pa. R.D.E. 207, 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 Enforcement Rules.

2. Respondent, Daniel Joseph D'Antonio was born on June 25, 1986, was admitted to practice law in Pennsylvania on March 5, 2012, has a registered public address of 224 Charles Street, Old Forge, Lackawanna County, Pennsylvania 18518, 1and is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

3. Respondent is not represented by counsel.

SPECIFIC FACTUAL ALLEGATIONS ADMITTED

4. Respondent's misconduct is primarily associated with his unauthorized practice of law while on administrative suspension for a period of five months; however, Respondent also engaged in neglect; failed to comply with the reporting requirements after his suspension became effective; and failed to supply an answer to ODC's Request for a Statement of Respondent's Position (Form DB-7).

5. Specifically, Respondent was administratively suspended for failing to comply with his CLE requirements on April 15, 2016; thereafter, Respondent also failed to pay his attorney registration fee before the filing deadline on July 1, 2016, or at any time thereafter.

6. On August 22, 2016, Respondent resigned from his firm, admitting to neglecting clients in two separate matters.

7. In his resignation, Respondent did not advise his supervising attorney of his administrative suspension or his failure to timely-pay his attorney registration fee until after the supervising attorney made the independent discovery and inquired into his dereliction of his professional obligations.

8. Respondent also failed to notify his clients of his inability to practice law.

9. During the course of ODC's initial investigation, Respondent failed to respond to the Form DB-7 inquiry, even though receipt was confirmed by certified mailer.

10. ODC filed a Petition for Discipline against Respondent on November 9, 2017. A true and correct copy of the Petition for Discipline is attached hereto as Exhibit "A." The Petition for Discipline sets forth in detail the factual allegations and Disciplinary Rule violations which Respondent was charged.

11. Thereafter, Respondent again failed to respond, failing to file an Answer to the Petition for Discipline, even though he accepted personal service of the Petition.

12. To date, Respondent has also made no efforts to come into...

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