Opinion
No. 2058 Disciplinary Docket No. 3 No. 50 DB 2014 Attorney Registration No. 83833
2014-04-16
OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. LAURA CHRISTINE SCHMIDT, Respondent
(Philadelphia)
ORDER
PER CURIAM:
AND NOW, this 18 day of June, 2014, there having been filed with this Court by Laura Christine Schmidt her verified Statement of Resignation dated April 16, 2014, stating that she desires to resign from the Bar of the Commonwealth of Pennsylvania in accordance with the provisions of Rule 215, Pa.R.D.E., it is
ORDERED that the resignation of Laura Christine Schmidt is accepted; she is disbarred on consent from the Bar of the Commonwealth of Pennsylvania retroactive to April 24, 2014; and she shall comply with the provisions of Rule 217, Pa.R.D.E. Respondent shall pay costs, if any, to the Disciplinary Board pursuant to Rule 208(g), Pa.R.D.E.
A True Copy Patricia Nicola
As Of 6/18/2014
Attest: __________
Chief Clerk
Supreme Court of Pennsylvania
BEFORE THE DISCIPLINARY BOARD OF THE
SUPREME COURT OF PENNSYLVANIA
OFFICE OF DISCIPLINARY COUNSEL Petitioner
v.
LAURA CHRISTINE SCHMIDT Respondent
No. 2058 Disciplinary Docket No. 3
No. 50 DB 2014
Attorney Registration No. 83833
(Philadelphia)
RESIGNATION BY RESPONDENT
Pursuant to Rule 215
of the Pennsylvania Rules of Disciplinary Enforcement
OFFICE OF DISCIPLINARY COUNSEL, Petitioner
v.
LAURA CHRISTINE SCHMIDT, Respondent
No. 50 DB 2014
ODC File NOS. C1-14-173;
C1-14-259
Atty. Regis. No. 83833
(Philadelphia)
RESIGNATION
UNDER Pa.R.D.E. 215
LAURA CHRISTINE SCHMIDT, Esquire, hereby tenders her 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. She is an attorney admitted in the Commonwealth of Pennsylvania having been admitted to the bar on October 21, 1999. Her attorney registration number is 83833.
2. She desires to submit her resignation as a member of said bar.
3. Her resignation is freely and voluntarily rendered; she is not being subjected to coercion or duress; and she is fully aware of the implications of submitting this resignation.
4. She is aware that there is presently pending an investigation into allegations that she has been guilty of misconduct,. the nature of which allegations have been made known to her by personal service of a Petition for Emergency Temporary Suspension, dated April 2, 2014, a true and correct copy of which is attached hereto, made a part hereof and marked "Exhibit A."
5. She acknowledges that the material facts upon which the allegations of complaint contained in "Exhibit A" are based are true.
6. She submits the within resignation because she knows that she could not successfully defend herself against the charges of professional misconduct set forth in the attached exhibit.
7. She is fully aware that the submission of this Resignation Statement is irrevocable and that she can only apply for reinstatement to the practice of law pursuant to the provisions of Enforcement Rule 218(b) and (c).
8. She acknowledges that she is fully aware of her right to consult and employ counsel to, represent her in the instant proceeding. She has retained, consulted with and acted upon the advice of counsel in connection with her decision to execute the within resignation. Counsel for Respondent is Samuel C. Stretton, Esquire, 301 South High Street, West Chester, PA 19381.
It is understood that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4 9 04 (relating to unsworn falsification to authorities).
__________
Laura Christine Schmidt
WITNESS: __________ OFFICE OF DISCIPLINARY COUNSEL, Petitioner
v.
LAURA CHRISTINE SCHMIDT, Respondent
No. Disciplinary Docket
No.
No. DB 2014
ODC File No. C1-14-173
Atty. Reg. No. 83833
(Philadelphia)
PETITION FOR EMERGENCY TEMPORARY SUSPENSION
AND RELATED RELIEF PURSUANT TO Pa.R.D.E. 208(f)(1)
TO THE HONORABLE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT OF PENNSYLVANIA:
Petitioner, Office of Disciplinary Counsel, by Paul J. Killion, Esquire, Chief Disciplinary Counsel, and by Robert P. Fulton, Esquire, Disciplinary Counsel, files this Petition for Emergency Temporary Suspension and Related Relief, pursuant to Pennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") 208(f)(1) and §91.151(a) of the Disciplinary Board Rules ("D.Bd. Rules"), and in support thereof states:
1. Petitioner, whose principal office is situated at Pennsylvania " Judicial Center, Suite 2700, 601 Commonwealth Avenue, Harrisburg, Pennsylvania, is invested, pursuant to Pa.R.D.E. Rule 207, with the power and duty to investigate all matters involving alleged misconduct of any 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, Laura Christine Schmidt, Esquire, was admitted to practice law in the Commonwealth of Pennsylvania on October 21, 1999. Respondent is currently on active status in this Commonwealth.
3. Respondent has a registered office address at 6500-A Castor Avenue, Philadelphia, Pennsylvania 19149.
4. Respondent is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme. Court.
5. By Last Will and Testament dated June 24, 2010, H. Eleanor Lodholz ("Lodhols") did "nominate, constitute and appoint" Respondent and one Corin Basilion ("Basilion") as "Co-Executrices" of the will. A true and correct copy of the June 24, 2010 Last Will and Testament is attached hereto, made a part hereof, and marked "Exhibit A."
a. Respondent and John C. Schmidt, Jr., Esquire, witnessed the execution of the will.
6. On May 18, 2011, Lodholz died.
7. On July 21, 2011, Respondent and Basilion probated the June 24, 2010 Last Will and Testament and were granted Letters Testamentary by the Register of Wills of Montgomery County, Pennsylvania ("Lodholz Estate"). A true and correct copy of the Letters Testamentary is attached hereto, made a part hereof, and-marked "Exhibit B."
8. Respondent is not an heir of Lodholz or a beneficiary under the probated will.
9. The value of the Lodholz Estate is approximately $2,000,000.
10. On July 26, 2011, Respondent executed check number 97 ("check 97") from Wells Fargo Bank, N.A. ("Wells Fargo") titled as "Estate of H. Eleanor Lodholz Laura C. Schmidt Executrix Corin D. Basilion Executrix," account number xxxxxx5993 ("Estate Account"), payable to Respondent in the amount of $4,000, which Respondent attempted to cash on July 27, 2011.
a. Check 97 was returned by Wells Fargo for insufficient funds as there were no funds available in Estate Account.
11. The address for Estate Account was Respondent's registered office address.
12. Basilion lives in Glen Cove, New York.
13. Basilion has stated that she has never signed a "signature card" with Wells Fargo.
14. On July 28, 2011, two deposits were credited to Estate' Account totaling $36,588.16.
15. On August 1, 2011, Respondent withdrew $4,000 from Estate Account.
16. By Order dated September 18, 2013, effective October 18, 2013, the Pennsylvania Supreme Court transferred Respondent to administrative suspension for failure to pay the annual attorney assessment.
a. Respondent received this Order.
17. From in or about October 2013 to February 2014, Basilion attempted on numerous occasions to contact Respondent by letter and telephone, without success, regarding the administration of the Lodholz Estate.
18. Based upon the lack of contact from Respondent, Basilion contacted the Disciplinary Board and was informed that Respondent was on administrative suspension for failing to file the annual fee form and to remit the annual attorney's assessment.
19. In or about February 2014, Basilion contacted Wells Fargo to ascertain the status of the accounts that Wells Fargo was maintaining for the Lodholz Estate.
20. In February 2014, Wells Fargo provided Basilion with copies of two recent checks issued from Estate Account, which Basilion states contained a forgery of her signature as the signatory on each of the two checks.
a. Check 208 from Estate Account was executed on December 2, 2013 payable to Respondent in the amount of $7,000. This check was endorsed by Respondent.
b. Check 212 from Estate Account was executed on February 12, 2014 payable to Respondent in the amount of $8,000. This check was endorsed by Respondent.
21. On or about March 3, 2014, Basilion filed a complaint with Petitioner.
22. Petitioner docketed the complaint at C1-14-173.
23. Pursuant to its authority vested at Pa.R.D.E. 207(b)(1), Petitioner commenced an investigation of Basilion's complaint.
24. Basilion has retained the services of Laura Mercuri, Esquire ("Mercuri"), to ascertain the status of the Lodholz Estate.
25. On March 12, 2014, Mercuri filed an "Emergency Petition to Remove Co-Executrix" (Respondent) with the Montgomery County Orphans' Court. A true and correct copy of the Emergency Petition, is attached hereto, made a part hereof, and marked "Exhibit C."
26. On March 12, 2014, based upon the Emergency Petition the Honorable Stanley R. Ott ("Judge Ott") of the Montgomery County Orphans'. Court awarded a citation directed to Respondent returnable on April 1, 2014.
27. Petitioner recently received from Mercuri the bank records from Wells Fargo for Estate Account.
28. Petitioner's review of the bank records for Estate Account from July 26, 2011 to February 28, 2014, reveals that Basilion's signature has been forged in excess of forty times on checks made payable to Respondent, John C. Schmidt, Jr., Esquire (retired status - Order date: 7/14/2010), or Schmidt & Schmidt (Respondent's law firm).
29. Petitioner's review of the bank records for Estate Account from July 26, 2011 to February 28, 2014, reveals that Respondent has executed checks in the amount of $400,000 and converted those funds in favor of Respondent, John C. Schmidt, Jr., Esquire, or Schmidt & Schmidt.
30. Mercuri has informed Petitioner that Respondent stated to Mercuri that Respondent was behind on other estates she was "managing."
31. On March 20, 2014, Respondent was returned to active status.
32. On April 1, 2014, Respondent failed to appear in the Montgomery County Orphans' Court to respond to the citation issued by Judge Ott.
33. Following a hearing on the Emergency Petition, Judge Ott ordered Respondent removed as co-executrix of the Lodholz Estate.
34. As a result of its ongoing investigation, Petitioner has determined that Respondent has not identified a financial institution for the Estate Account on her annual fee forms, which Estate Account is subject to the requirements of RPC 1.15. True and correct partially redacted copies of Respondent's Annual Fee Forms for the years 2012-2013 and 2013-2014, are attached hereto, made a part hereof, and marked "Exhibit D-1 and Exhibit D-2," respectively.
35. As a result of the above, Petitioner contends that Petitioner has demonstrated that the continued practice of law by Respondent constitutes a continuing threat of immediate and substantial public and private harm as set forth in Enforcement Rule 208(f)(1), and a reviewing member of the Disciplinary Board has concurred in that conclusion, as set forth in the attached Concurrence of Disciplinary Board Member.
PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that your Honorable Court:
a. Order Respondent to immediately prepare and deliver to Petitioner a list of the names and addresses of all clients and other entities she is currently representing or for which she is a fiduciary, showing the dates, amounts and circumstances of the entrustment and current balance thereof, as well as the banks and account numbers in which such funds are currently maintained; and
b. Issue a rule upon Respondent to show cause why she should not be placed on temporary suspension from the practice of law, pursuant to Enforcement Rule 208(f)(1), returnable within ten days as provided in Pa.R.D.E. 208(f)(1), and with a response to the allegations set forth herein.
AND FURTHER, that after due consideration of any response made by Respondent and further proceedings held in accordance" with Enforcement Rule 208(f), your Court grant the following additional relief:
c. Order that Respondent be suspended in accordance with Enforcement Rule 208(f)(2), as a matter of "public discipline" as that term is used in Enforcement Rule 402, pertaining to confidentiality, and that she comply with Enforcement Rule 217;
d. Order the President Judge of the Court of Common Pleas of Philadelphia County, in accordance with Enforcement Rule 217(g), to take such further action and make such further orders as may appear necessary to protect the rights and interests of Respondent's clients or fiduciary entities with which she is involved;
e. Order that all bank accounts held by Respondent or controlled by her, containing fiduciary funds, be frozen until further action by a court of appropriate jurisdiction; and
f. Grant such other relief as may be deemed appropriate and necessary by your Honorable Court.
Respectfully submitted,
OFFICE OF DISCIPLINARY COUNSEL
Paul J. Killion
Chief Disciplinary Counsel
By __________
Robert P. Fulton, Esquire
Disciplinary Counsel
Seven Penn Center, 16th Floor
1635 Market Street
Philadelphia, PA 19103
(215) 560-6296
OFFICE OF DISCIPLINARY COUNSEL, Petitioner
v.
LAURA CHRISTINE SCHMIDT, Respondent
No. Disciplinary Docket
No.
No. DB 2014
ODC File No. C1-14-173
Atty. Reg. No. 83833
(Philadelphia)
CONCURRENCE OF DISCIPLINARY BOARD MEMBER
TO THE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT OF PENNSYLVANIA:
Pursuant to Rule 208(f), Pa.R.D.E., and Section 91.151(a) of the Disciplinary Board Rules, I have reviewed the foregoing Petition for Emergency Temporary Relief and Related Relief Pursuant to Pa.R.D.E. 208(f)(1), and concur in the presentation of the Petition to the Supreme Court of Pennsylvania by the Office of the Disciplinary Counsel.
__________
Gabriel L. Bevilacqua, Esquire
The Disciplinary Board of the
the Supreme Court of Pennsylvania
OFFICE OF DISCIPLINARY COUNSEL, Petitioner
v.
LAURA CHRISTINE SCHMIDT, Respondent
No. Disciplinary Docket
No.
No. DB 2014
ODC File No. C1-14-173
Atty. Reg. No. 83833
(Philadelphia).
ORDER AND RULE TO SHOW CAUSE
PER CURIAM:
AND NOW, this ___ day of __________, 2014, after consideration of the within Petition, Respondent, Laura Christine Schmidt, Esquire, is ordered to prepare and deliver within ten days of the date of this Order to the Office of Disciplinary Counsel, at 1635 Market Street, 16Floor, Philadelphia, PA 19103, a list of the names and addresses of all clients and other entities she is currently representing or for which she is a fiduciary, showing the dates, amounts and circumstances of the entrustment and current balance thereof, as well as the banks and account numbers in which such funds are currently maintained.
FURTHER, this Court issues a Rule upon Respondent to show cause why she should not be placed on temporary suspension pursuant to Rule 208(f)(1), Pa.R.D.E.
Respondent is directed to file any, response to the Petition and to this Rule within ten (10) days of the date hereof and to timely serve a copy of said response upon the Office of Disciplinary Counsel. OFFICE OF DISCIPLINARY COUNSEL, Petitioner
v.
LAURA CHRISTINE SCHMIDT, Respondent
No. Disciplinary Docket
No.
No. DB 2014
ODC File No. C1-14-173
Atty. Reg. No. 83833
(Philadelphia)
ORDER
PER CURIAM:
AND NOW, this __________ day of __________, 2014, an Order and Rule to Show Cause having been entered by this Court on __________, and upon consideration of the responses filed, it is hereby ORDERED that:
1. The Rule is made absolute and Respondent is placed on temporary suspension until further definitive action by this Court;
2. Respondent shall comply with the provisions of Rule 217, Pa.R.D.E.;
3. The President Judge of the Court of Common Pleas of Philadelphia, in accordance with Rule 217(g),
Pa.R.D.E., take such further action and make such further orders as may appear necessary to protect the rights and interests of Respondent's clients; and
4, All financial institutions in which Respondent holds accounts shall freeze such accounts pending further order of this Court.
This Order constitutes an imposition of public discipline within the meaning of Rule. 402, Pa.R.D.E., pertaining to confidentiality. OFFICE OF DISCIPLINARY COUNSEL, Petitioner
v.
LAURA CHRISTINE SCHMIDT, Respondent
No. Disciplinary Docket
No.
No. DB 2014
ODC File No. C1-14-173
Atty. Reg. No. 83833
(Philadelphia)
CERTIFICATE OF SERVICE
I hereby certify that I am causing to be served a copy of the Petition for Emergency Temporary Suspension and Related Relief Pursuant to Pa.R.D.E. 208(f)(1) and all accompanying documents upon the person and in the manner indicated below, which service satisfies the requirements of Rule 208(f)(1), Pa.R.D.E.:
Personal Service to Respondent, as follows:
Laura Christine Schmidt, Esquire
Office: 6500-A Castor Avenue Philadelphia, PA 19149
__________
Robert P. Fulton, Esquire
Disciplinary Counsel
Attorney Registration No. 37935
Office of Disciplinary Counsel
Seven Penn Center, 16th Floor
1635 Market Street
Philadelphia, PA 19103
(215) 560-6296
BE IT REMEMBERED
THAT I, H. ELEANOR LODHOLZ, Singlewoman, of the City of Philadelphia, Commonwealth of Pennsylvania, being of sound mind, memory and understanding, do hereby make this my Last Will and Testament and revoke all Wills by. me at any time heretofore made.
1. I direct the payment of my just debts and funeral expenses as soon as possible thereafter following my death.
2. I give and bequeath the sum of Two Hundred Thousand ($200,000.00) Dollars to THE SALVATION ARMY, its successors and assigns, absolutely.
3. I give and bequeath the sum of Two Hundred Thousand ($200,000.0.0) Dollars to THE LEUKEMIA & LYMPHOMA SOCIETY, its successors and assigns, absolutely.
4. I give and bequeath the sum of Two Hundred Thousand ($200,000.00) Dollars to THE AMERICAN HEART ASSOCIATION, its successors and assigns, absolutely.
5. I give and bequeath the sum of Two Hundred Thousand ($200,000.00) Dollars to THE AMERICAN LUNG ASSOCIATION, its successors and assigns, absolutely.
6. I give, devise and bequeath all the rest, residue and remainder of my estate, real and personal, of whatsoever kind and wheresoever situate, as follows:
A. One-fifth (1/5) thereof to my friend, LISA CURRY, absolutely and in fee simple.
B. One-fifth (1/5) thereof to my friend, MARTA SARLO, absolutely and in fee simple.
C. One-fifth (1/5) thereof to my friends, VINCE FATIGA and BARBARA FATIGA, his wife, as tenants by entireties, absolutely and in fee simple.
D. One-fifth (1/5) thereof to my friend, CORIN BASILION, absolutely and in fee simple.
E. One-fifth (1/5) thereof to my step-cousin, BETTY CIANFICHI, absolutely and in fee simple.
7. I direct that all Pennsylvania Transfer Inheritance Tax shall be paid from my residual estate and be charged to the principal thereof.
8. I nominate, constitute and appoint my Attorney, LAURA C. SCHMIDT, ESQ. and my friend, CORIN BASILION, Co-Executrices of this my Will. I direct that my personal representatives, as well as their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and Testament this 24th day of June, 2010.
__________ (SEAL)
H. ELEANOR LODHOLZ
Signed, sealed, published and declared by E. ELEANOR LODHOLZ, the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses. __________
NAME Laura C. Schmidt
6500A Castor Ave, Phila, PA
ADDRESS
__________
NAME John C. Schmidt, Jr.
6500A Castor Ave, Phila, PA
ADDRESS
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA
I, H. ELEANOR LODEOLZ , Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknow-ledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed.
__________
H. ELEANOR LODHOLZ
Sworn or affirmed to and acknowledged before me, by H. ELEANOR LODHOLZ, the Testatrix , this 24th day of June, 2010. COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA
We, Laura C. Schmidt and John C. Schmidt, Jr. the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that the Testatrix, H. ELEANOR LODHOLZ signed willingly and executed it as her free and voluntary act for the purposes therein expressed? that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind and under, no constraint or undue influence.
Sworn to or affirmed and subscribed to before me by Laura C. Schmidt and John C. Schmidt, Jr. witnesses, this 24th day of June, 2010.
__________
WITNESS
__________
WITNESS
Register of Wills of Montgomery County, Pennsylvania
Petition for Probate and Grant of Letters
ESTATE OF H. ELEANOR LODHOLZ also known as ELEANOR LODHOLZ, Deceased
No. 46-2011-2579 Social Security No. 184-01-2133 Petitioners who are 18 years of age or older, apply for:
To. D. Bruce Hanes
Register of Wills
Montgomery County
(COMPLETE 'A' OR 'B' BELOW:)
[v] A. Probate and Grant of Letters Testamentary and aver that Petitioners are the named in the last original Will of the Decedent dated 06/24/2010 and codicil(s) dated (no codicils) TWO NAMED CO-EXECUTRICES, ONE NAMED IN WILL AS LAURA G. SCHMIDT, ESQ., INCORRECT TOWNSHIP ON DEATH CERTIFICATE, NO BOND REQUIRED. State relevant circumstances, e.g., renunciation, death of executor, etc.
[ ] B. Grant of Letters of Administration
d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate Petitioners after a proper search have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs:
| Name | Relationship | Residence |
Decedent was domiciled at death in Montgomery CO., PA, with his/her last family or principal residence at ARTMAN LUTHERAN. HOME, 250 N. BETHLEHEM PIKE, AMBLER, PA. 19002, AMBLER BOROUGH Decedent, then 98 years of age, died May 18,2011, at ABINGTON MEMORIAL HOSPITAL, ABINGTON, PA Decedent at death owned property with estimated values as follows:
All personal property $1,832,000.00
Value of real estate In Pennsylvania $60,000.00
situated as follows: 123 WEST GALE STREET, PHILADELPHIA, PA. 19120
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated; and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 PA CSA section 3323(g). Wherefore, Petitioners respectfully request the probate of the last original Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned:
| Signature | Typed or printed name and residence |
| LAURA C. SCHMIDT 4523 BAKER ST. PHILADELPHIA, PA. 19127 |
Wherefore, Petitioners respectfully request the probate of the last original Will and Codicil(s) presented with this petition and the grant of letters in the appropriate form to the undersigned:
| Signature | Typed or printed name and residence |
| CORIN BASILION 9 HIGH ELMS LAME GLEN COVE; NY 11542 |
Oath Of Personal Representative
Commonwealth of Pennsylvania
County of Montgomery
The petitioners) above-names swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will Well and truly administer the estate according to law: Sworn to or affirmed and subscribed before me this 21 st day July, 2011 __________
For the Register
No. 46-2011-2579
Estate of H. ELEANOR LODHOLZ, Deceased
Social Security No.: 184-01-2133
Date of Death: 5/18/2011
AND NOW, 7/21/2011 in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that
LETTERS TESTAMENTARY
are hereby granted to LAURA C. SCHMIDT and CORIN BASILION in the estate of H. ELEANOR LODHOLZ (AKA ELEANOR LODHOLZ) and that the instrument(s) dated 06/24/2010 described in the Petition be admitted to probate and filed of record as the last original Will of Decedent. ORIGINAL PROBATE FILING FEES
| Probate, Letters, Etc | $604.00 |
| Short Certificate(s) | $160.00 |
| Renunclation | $0.00 |
| Inventury | $5.00 |
| Tax Forms | $10.00 |
| Commission | $0.00 |
| JCP Fee | $23.50 |
| CCF | $5.00 |
| TF | $10.00 |
| Other | $0.00 |
| ORIGINAL TOTAL PROBATE FEE | $817.50 |
Attorney Name: LAURA C SCHMIDT, ESQ.
I.D. No.: 83833
Address: 6500 A CASTOR AVENUE
PHILADELPHIA, PA 19149
Telephone:
Attorney Name:
I.D. No.:
Address:
Telephone: Description of "Other" fees above: Duffy, North, Wilson, Thomas & Nicholson, LLP
By: Bruce A.Nicholson, Esq. (I.D. No. 21429)
Laura M. Mercuri, Esq. (I.D. No. 84011)
104 North York Road
Hatboro, PA 19040
215-675-7300
Attorneys for Petitioner, Corin Basilion
IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE: ESTATE OF H. ELEANOR LODHOLZ, Deceased
NO. 2011-X 2579
PRELIMINARY DECREE
AND NOW, this 12th day of March, 2014, upon consideration of the annexed Emergency Petition, it is hereby ORDERED and DECREED that a citation is awarded, directed to Laura C. Schmidt, Co-Executrix of the Estate of H. Eleanor Lodholz, deceased, to show cause why:
(a) she should not be removed as Co-Executrix of the Estate;
(b) she should not be Ordered to delivered to your Petitioner all property, information, documents and records which she possesses relative to H. Eleanor Lodholz and the Estate of H., Eleanor Lodholz; and
(c) she should not be directed to file an Accounting for her actions as Agent under Power of Attorney for H. Eleanor Lodholz and as Co-Executrix of the Estate of H. Eleanor Lodholz.
(c) Citation returnable and hearing thereon is scheduled fox Tuesday, April 1, 2014, at 10:30 a.m. Court Room "l4", 4th Floor, One Montgomery Plaza, Norristown, PA.
BY THE COURT:
__________
J.
THE COMMONWEALTH OF PENNSYLVANIA
To LAURA C. SCHMIDT
GREETING:
WE COMMAND YOU, That, laying aside all business and excuses whatsoever, you be and appear in your proper person, at the Orphans' Court to be held at Norristown, in and for said county, on the 1st day of April, 2014 A.D. at 10:30 AM in Courtroom 14 to show cause why
(A) SHE SHOULD NOT BE REMOVED AS CO-EXECUTRIX OF THE ESTATE; (B) SHE SHOULD NOT BE ORDERED TO DELIVER TO YOUR PETITIONER ALL PROPERTY, INFORMATION, DOCUMENTS AND RECORDS WHICH SHE POSSESSES RELATIVE TO H. ELEANOR LODHOLZ AND THE ESTATE OF H. ELEANOR LODHOLZ; AND (C) SHE SHOULD NOT BE DIRECTED TO FILE AN ACCOUNTING FOR HER ACTIONS AS AGENT UNDER POWER OF ATTORNEY FOR H. ELEANOR LODHOLZ AND AS CO-EXECUTRIX OF THE ESTATE OF H. ELEANOR LODHOLZ.and further to abide the order of the Court in the premises. Hereof fall not.
WITNESS the Honorable STANLEY R. OTT Judge of our said Court at Norristown. This 12th day of March in the year of our Lord Two Thousand Fourteen.
__________
Asst, Clerk
LAURA M. MERCURI
Attorney for petitioner
Image materials not available for display. Duffy, North, Wilson, Thomas & Nicholson, LLP
By: Bruce A. Nicholson, Esq. (I.D. No. 21429)
Laura M. Mercuri, Esq. (I.D. No. 84011)
104 North York Road
Hatboro, PA 19040
215-675-7300
Attorneys for Petitioner. Corin Basilion
IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: ESTATE OF H. ELEANOR LODHOLZ, Deceased
NO.
DECREE
AND NOW, this day of , 2014, upon consideration of the annexed Emergency Petition, it is hereby ORDERED and DECREED that
(a) Laura C. Schmidt is removed as Co-Executrix of the Estate;
(b) Laura C. Schmidt is Ordered to delivered to Corin Basilion and/or to her counsel, Bruce A. Nicholson, Esq. and Laura M. Mercuri, Esq. of Duffy, North., Wilson, Thomas & Nicholson, LLP, 104 N. York Road, Hatboro, Pennsylvania, all property, information, documents and records which she possesses relative to H. Eleanor Lodholz and the Estate of H., Eleanor Lodholz within ten (10) day of the date this .Order; and
(c) Laura C. Schmidt is directed to file an Accounting within thirty (30) day3 of the date of this Order for her actions as Agent under Power of Attorney for H. Eleanor Lodholz and as Co-Executrix of the Estate of H. Eleanor Lodholz.
BY THE COURT:
__________
J.
Duffy, North, Wilson, Thomas & Nicholson, LLP
By: Bruce A. Nicholson, Esq. (I.D. No. 21429)
Laura M. Mercuri, Esq. (I.D. No. 84011)
104 North York Road
Hatboro, PA 19040
215-675-7300
Attorneys for Petitioner. Corin Basilion
IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: ESTATE OF H. ELEANOR LODHOLZ, Deceased
NO.
PRELIMINARY DECREE
AND NOW, this day of , 2014, upon consideration of the annexed Emergency Petition, it is hereby ORDERED and DECREED that a citation is awarded, directed to Laura C. Schmidt, Co-Executrix of the Estate of H. Eleanor Lodholz, deceased, to show cause why:
(a) she should not be removed as Co-Executrix of the Estate;
(b) she should not be Ordered to delivered to your Petitioner all property, information, documents and records which she possesses relative to H. Eleanor-Lodholz and the Estate of H., Eleanor Lodholz; and
(c) she should not be directed to file an Accounting for her actions as Agent under Power of Attorney for H. Eleanor Lodholz and as Co-Executrix of the Estate of H. Eleanor Lodholz.
BY THE COURT:
__________
J.
Duffy, North, Wilson, Thomas & Nicholson, LLP
By: Bruce A. Nicholson, Esq. (I.D. No. 21429)
Laura M. Mercuri, Esq. (I.D. No. 84011)
104 North York Road
Hatboro, PA 19040
215-675-7300
Attorneys for Petitioner. Corin Basilion
IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: ESTATE OF H. ELEANOR LODHOLZ, Deceased
NO.
EMERGENCY PETITION TO REMOVE CO-EXECUTRIX
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Your Petitioner, Corin Basilion, by and through her undersigned counsel, respectfully represents:
1. H. Eleanor Lodholz died testate on May 18, 2011. Her will was duly admitted to probate and letters testamentary were granted to Laura C Schmidt and Corin Basilion on July 21, 2011 by the Register of Wills of Montgomery, Count)', Pennsylvania, Attached as Exhibit "A" is a copy of the Petition for Probate and the Decedent's Last Will & Testament
2. Your Petitioner, Corin Basilion, is an adult individual residing in Glen Cove, New York and is a party in interest, having been named a Co-Executor in the Decedent's Will and a one fifth (1/5) "beneficiary of the residuary estate of the Decedent.
3. Laura C. Schmidt is an attorney licensed to practice law in Pennsylvania with an office address of 6500A Castor Avenue, Philadelphia, Pennsylvania; however, upon information and belief, her current status as a licensed attorney is in question insofar as the Disciplinary Board of the Supreme Court of Pennsylvania's records state her license status is administratively suspended.
4. Laura C. Schmidt was counsel for the decedent during her life and upon information and belief was also agent under a Power of Attorney of the Decedent.
5. After the probate of the will, Laura C. Schmidt advised your Petitioner that since she was an attorney, Laura C. Schmidt would handle the day to day settlement of the Estate, She opened up an estate checking account at Wells Fargo listing both Co-Executrixes, but never had your Petitioner sign a signature card and your Petitioner has only signed one check and has not otherwise accessed the estate checking account during the entire estate administration.
6. Your Petitioner believes and therefore avers that the value of the Estate is approximately Two Million Dollars ($2,000,000).
7. As attorney for the Estate and Co-Executrix, Ms. Schmidt was responsible for administering the estate and ensuring the timely compliance with all legal requirements, including inheritance tax payments, preparing and riling the inheritance tax return, advertising the estate, mailing out the 5.6 notices, etc.
8. The other parties in interest under the Decedent's Will axe:
(a) The Salvation Army - $200,000 specific bequest;
(b) The Leukemia & Lymphoma Society - $200,000 specific bequest;
(c) The American Heart Association - $200,000 specific bequest;
(d) The American Lung Association - $200,000 specific bequest;
(e) Lisa Curry - 1/5 residuary beneficiary;
(f) Marta Sarlo - 1/5 residuary beneficiary;
(g) Vince Fatiga & Barbara Fatiga, h/w - 1/5 residuary beneficiary;
(h) Corin Basilion - l/5 residuary beneficiary; and
(i) Betty Cianfichi - 1/5 residuary beneficiary.
9. Despite numerous attempts by your Petitioner to contact Ms, Schmidt to request a status report on the estate as well as copies of estate bank records, estate tax documentation, correspondence, court documents, checks written from the estate account or an accounting of the estate assets, Ms. Schmidt provided no such documents.
10. While Laura C. Schmidt was always difficult to reach, in August 2013 after being advised that beneficiaries were questioning your Petitioner on the status of the estate, Laura C. Schmidt advised your Petitioner that the estate would be closed and distributed by the end of 20l3. Your Petitioner has been unable to reach Laura C. Schmidt since that time.
11. In February 2014, your Petitioner went to a Wells Fargo bank branch in New York near her home to review the estate checking account activity. She was only able to review a few months of statements, but she discovered that in those few months, her signature had been forged to at least two checks, payable both to Laura C. Schmidt, one on 12/2/2013 in the amount of $7,000 and one on 2/12/2014 in the amount of $3,000. Attached as Exhibit "B" are copies of the said checks on which your Petitioner's forged signature.
12. On March 11, 2014, your Petitioner received copies of all the checks written on the Estate checking account and your Petitioner's name has been forged on 47 checks payable to Laura C. Schmidt totaling $318,000.
13. As a result of her failure to return your Petitioner's calls over .an extended time period and the discovery of the forgeries, your Petitioner sought legal counsel.
14. Your Petitioner's undersigned counsel reviewed the file for the Estate in the Register of Wills office and noted that no Inventory had been filed, no Inheritance Tax Return filed although in August 2011 $114,000 was paid on account of taxes due, there was no record of Rule 5,6 Notices having been given or notice to charitable beneficiaries or the Attorney General. This later was confirmed by a call to the Attorney General's office.
14. Your Petitioner has since advised Wells Fargo to freeze this account.
15. Your Petitioner avers that Laura C. Schmidt needs to be removed immediately 'before she causes any further harm to the Decedent's Estate and she needs to turn over everything she possesses relative to the Decedent's Estate to your Petitioner so that the Estate can be administered, beneficiaries notified, the estate advertised, the inheritance tax return prepared and filed and any unpaid inheritance tax paid.
16. Your Petitioner avers that the wrongful acts of Laura C. Schmidt have prevented the estate from being administered in a timely fashion and only her removal and return of the Estate file to Your Petitioner will allow this Estate to be administered and closed.
17. Laura C. Schmidt needs to turn over all the property, information documents and records in her possession relative to H. Eleanor Lodholz and the Estate of H. Eleanor Lodholz so that your Petitioner can determine what other funds may be missing or have been taken by Laura C. Schmidt.
WHEREFORE, your Petitioner prays that a Citation be awarded, directed to Laura C. Schmidt, Co-Executrix of the Estate of H. Eleanor Lodholz, deceased to show cause why:
(a) she should not be removed as Co-Executrix of the Estate;
(b) she should not be Ordered to delivered to your Petitioner all property, information, documents and records which she possesses relative to H. Eleanor Lodholz and the Estate of H., Eleanor Lodholz; and
(c) she should not be directed to file an Accounting for her actions as Agent under Power of Attorney for H. Eleanor Lodholz and as Co-Executrix of the Estate of H. Eleanor Lodholz.
Respectfully submitted,
By: __________
Bruce A. Nicholson, Esq.
Laura M. Mercuri, Esq.,
Attorneys for Petitioner, Corin Basilion
VERIFICATION
I, CORIN D. BASILION, Co-Executrix of the Estate of H. Eleanor Lodholoz, verify that the statements made in the foregoing Petition 'are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
__________
CORIN D. BASILION, CO-EXECUTRIX
EXHIBIT "A"
BE IT REMEMBERED
THAT I, H. ELEANOR LODHOLZ, Singlewoman, of the City of Philadelphia, Commonwealth of Pennsylvania, being of sound mind, memory and understanding, do hereby make this my Last Will and Testament and revoke all Wills by me at any time heretofore made.
1. I direct the payment of my just debts and funeral expenses as soon as possible thereafter following my death.
2. I give and bequeath the sum of Two Hundred Thousand ($200,000.00) Dollars to THE SALVATION ARMY, its successors and assigns, absolutely.
3. I give and bequeath the sum of Two Hundred Thousand. ($200,000.00) Dollars to THE LEUKEMIA & LYMPHOMA SOCIETY, its successors and assigns, absolutely.
4. I. give and bequeath the sum of Two Hundred Thousand ($200,000.00) Dollars to THE AMERICAN HEART ASSOCIATION, its successors and assigns, absolutely.
5. I give and bequeath the sun of Two Hundred Thousand ($200,000.00) Dollars to THE AMERICAN LUNG ASSOCIATION, its successors and assigns, absolutely.
6. I give, devise and bequeath all the rest, residue and remainder of my estate, real and personal, of whatsoever kind and wheresoever situate, as follows:
A. One-fifth (1/5) thereof to my friend, LISA CURRY, absolutely and in fee simple.
B. One-fifth (1/5) thereof to my friend, MARTA SARLO, absolutely and in fee simple.
C. One-fifth (1/5) thereof to my friends, VINCE FATIGA and BARBARA FATIGA, his wife, as tenants by entireties, absolutely and in fee simple.
D. One-fifth (1/5) thereof to ray friend, CORIN BASILION, absolutely and in fee simple.
E. One-fifth (1/5) thereof to ray step-cousin, BETTY CIANPICHI, absolutely and in fee simple.
7. I direct that all Pennsylvania Transfer Inheritance Tax shall be paid from my residual estate and be charged to the principal thereof.
8. I nominate, constitute and appoint my Attorney, LAURA C. SCHMIDT, ESQ. and my friend, CORIN BASILION, Co-Executrices of this my Will. I direct that my personal representatives, as well as their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction.
IN WITH3SS WHEREOF, I hereunto set my hand and. seal to this my Last Will and Testament this. 24th day of June, 2010.
__________ (SEAL)
H. ELEANOR LODHOLZ
Signed, sealed, published and declared by H. ELEANOR LODHOLZ, the above-named Testatrix, as and for her Last will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses. __________
NAME Laura C. Schmidt
6500A Castor Ave, Phila, PA
ADDRESS
__________
NAME John C. Schmidt, Jr.
6500A Castor Ave, Phila, PA
ADDRESS
ACKNOWLEDGEMENT
COMMONWEALTH OP PENNSYLVANIA COUNTY OF PHILADELPHIA
I, H. ELEANOR LODHOLZ , Testatrix whose name is signed to the attached or foregoing instrument, having 'been duly qualified according to law, do hereby acknow-ledge that I signed and executed the instrument as my Last Will, that I signed it willingly; and that I signed it as ray free and voluntary act for the purposes therein expressed.
__________
H. ELEANOR LODHOLZ
Sworn or affirmed to and acknowledged before me, by H. ELEANOR LODHOLZ, the Testatrix , this 24th day of June, 2010. COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA
We, Laura C. Schmidt and John C. Schmidt, Jr. the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that the Testatrix, H. ELEANOR LODHOLZ signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that to the best of our Knowledge the. testatrix was at that time 18 or more years of age, of sound mind and under, no constraint or undue influence.
Sworn to or affirmed and subscribed to before me by Laura C. Schmidt and John C. Schmidt, Jr. witnesses, this 24th day of June, 2010.
__________
WITNESS
__________
WITNESS
EXHIBIT "B"
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VERIFIED STATEMENT
I, Robert P. Fulton, Esquire, Disciplinary Counsel, state under the penalties provided in 18 Pa.C.S. §4904 (unsworn falsification to authorities) that:
I am a Disciplinary Counsel of the Disciplinary Board of the Supreme Court of Pennsylvania assigned to prosecute this matter pursuant to the Pennsylvania Rules of Disciplinary Enforcement;
I am authorized to make this verified statement;
The facts contained in the attached Petition for Emergency Temporary Suspension and Related. Relief Pursuant to Pa.R.D.E. 208(f)(1) are true and correct to the best of my knowledge, information and belief; and
The attached Exhibits referenced in the attached Petition are, to the best of my knowledge, information, and belief, true and correct copies of the originals.
__________
Robert P. Fulton, Esquire
Disciplinary Counsel