Schaumann, Matter of, 782S255

• Citation: 446 N.E.2d 1304
• Decision Date: 12 April 1983
• Docket Number: No. 782S255,782S255
• Parties: In the Matter of Robert M. SCHAUMANN.
• Court: Supreme Court of Indiana

Page 1304

446 N.E.2d 1304

In the Matter of Robert M. SCHAUMANN.

No. 782S255.

Supreme Court of Indiana.

April 12, 1983.

Martha S. Hoover, Staff Atty., Indianapolis, for Indiana Supreme Court Disciplinary Com'n.

PER CURIAM.

This matter was brought by the Indiana Supreme Court Disciplinary Commission in a single count verified complaint for disciplinary action. The appointed hearing officer has heard this case and has submitted his Findings of Facts, Conclusions of Law and Recommendations.

We have reviewed such findings and all other matters submitted under this cause and now find that the Respondent, Robert M. Schaumann, was admitted to the practice of law in Indiana on May 20, 1964. For the years 1976 to the present, he has not paid his annual registration fee as required by Ind.R.A.D. 23, Section 21, and, accordingly, he has not been a Bar member in good standing. We find further that on July 7, 1982, the complaint was mailed to the Respondent by certified mail, but was returned by the U.S. Post Office with a notation that the Respondent, although notified of its delivery, had failed to claim the letter. Thereafter, the Disciplinary Commission effected alternative constructive service in accordance with the provisions of Ind.R.A.D. 23, Section 12(d). The Respondent failed to make an appearance, either in person or by counsel.

We find further that on or about February 6, 1981, the Respondent wrote a check payable to the Scrambler Corporation, an Ohio corporation located in Genoa, Ohio, in the amount of Five Thousand Dollars ($5,000). This check represented partial payment for equipment which the Respondent had ordered from Scrambler in January, 1981. The ordered equipment was delivered to the Respondent shortly after the order was placed.

The check was deposited by Scrambler, but it was returned on or about March 6, 1981, due to insufficient funds in the Respondent's bank account. When Scrambler so notified the Respondent by telephone, the Respondent stated that the funds were available and the failure to clear was due to a bank error. The Respondent advised Scrambler to redeposit the check. Scrambler redeposited the check but, once again, it failed to clear. The Respondent has not subsequently honored the check nor otherwise paid.

Shortly thereafter, Scrambler attempted to repossess the equipment which had previously been delivered to the Respondent in Orlando, Florida, but was unsuccessful as Respondent had disposed of all but two units.

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