No. 2093, Disciplinary Docket No. 3

Annotate this Case

Download PDF

IN THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, Petitioner No. 2093 Disciplinary Docket No. 3 No. 130 DB 2014 v. Attorney Registration No. 92367 KATHY LAURINO YEATTER, Respondent (Lebanon County) ORDER PER CURIAM: AND NOW, this ih day of May, 2015, upon consideration of the Recommendation of the Three-Member Panel of the Disciplinary Board dated April 6, 2015, the Joint Petition in Support of Discipline on Consent is hereby granted pursuant to Pa.R.D.E. 215(g), and it is ORDERED that Kathy Laurino Yeatter is suspended on consent from the Bar of this Commonwealth for a period of three years, and she shall comply with all the provisions of Pa.R.D.E. 217. A True CORY Patricia Nicola As Of 5/7/2015 ~·· }&;J.J Att.est: Ch1ef Cler Supreme Court of Pennsylvania BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL Petitioner No. 2093 Disciplinary Docket No. 3 No. 130 DB 2014 v. Attorney Registration No. 92367 KATHY LAURINO YEATTER Respondent (Lebanon County) RECOMMENDATION OF THREE-MEMBER PANEL OF THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA The Three-Member Panel of the Disciplinary Board of the Supreme Court of Pennsylvania, consisting of Board Members Lawrence M. Kelly, Douglas W. Leonard, and Howell K. Rosenberg, has reviewed the Joint Petition in Support of Discipline on Consent filed in the above-captioned matter on Marc;h 4, .2015. The Panel approves the Joint Petition consenting to a three yearsuspension and recommends to the Supreme Court of Pennsylvania that the attached Petition be Granted. The Panel further recommends that any necessary expenses incurred in the investigation and prosecution of this matter shall be paid by the respondent-attorney as a condition to the grant of the Petition. Lawre ce M. Kelly, Panel Chair The Disciplinary Board of the Supreme Court of Pennsylvania Date: BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, Petitioner : No. 2093 DD No. 3 No. 130 DB 2014 v. Atty Registration No. 92367 KATHY LAURINO YEATTER, Respondent: (Lebanon County) JOINT PETITION IN SUPPORT OF DISCIPLINE ON CONSENT PURSUANT TO Pa.R.D.E. 215(d) OFFICE OF DISCIPLINARY COUNSEL PAUL J. KILLION CHIEF DISCIPLINARY COUNSEL Julia M. Frankston-Morris Disciplinary Counsel District III Pennsylvania Judicial Center 601 Commonwealth Ave, STE 5800 P.O. Box 62675 Harrisburg, PA 17106 fM lED MAR 0 ~ 2015 Office of tho Scc;.,t;:ry The Disclpl!n:lry Bc:::rd of ti10 Supremo C::c::l cf Pc;;:::y!vtlnin BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, Petitioner: No. 2093 DD No. 3 No. 130 DB 2014 v. Atty Registration No. 92367 KATHY LAURINO YEATTER, Respondent: (Lebanon County) JOINT PETITION IN SUPPORT OF DISCIPLINE ON CONSENT UNDER RULE 215(d) OF THE PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT Petitioner, Killion, Morris, Chief the Office of Disciplinary Counsel, Disciplinary Counsel, Disciplinary Counsel, Yeatter, file this Consent under Julia M. Frankston- and the Respondent, Kathy Laurino Petition in Support of Joint Rule and by Paul J. Discipline on of 215 (d) the Pennsylvania Rules of Disciplinary Enforcement and respectfully aver the following: Petitioner, 1. Pennsylvania Harrisburg, 207 of the (hereafter Center, Pennsylvania, 17106, Pennsylvania all matters admitted Pennsylvania brought Judicial "Pa. R. D. E.") , investigate attorney whose principal office in and to to accordance aforesaid Rules. is invested, of the and alleged to an Commonwealth of in prosecute all disciplinary various duty of law the Enforcement the practice with to Rule misconduct the the Avenue, pursuant Disciplinary power involving located at Commonwealth 601 Rules with is proceedings provisions of the Respondent, 2. February 27, Kathy Laurino Yeatter, born was on 1963, was admitted to practice law in Pennsylvania on April 13, 2004, was transferred to inactive status in July of 2009, and was administratively suspended in October of 2012. Respondent's 3. Evergreen House, she advised current registration address is The 120 Willow Road, Harrisburg, PA 17109; however, the Office of Disciplinary Counsel that she currently residing at the Bethesda Mission Women's Shelter, is 818 N. 20th Street, Harrisburg, PA 17103. 4. By Order dated December 10, placed Respondent on Temporary 2014, Suspension the and Supreme she Court remains in that status. 5. Respondent has no prior history of discipline. Specific Factual Admissions and Rules of Professional Conduct Violated 6. On May 1845-2013 captioned in the 21, 2014, Court Commonwea~th in a of Common of matter Pleas Pennsy~vania docketed of at CP-38-CR- Lebanon County and v. Kathy Laurino Yeatter, Respondent pleaded guilty to one count of Robbery in violation of 18 Pa.C.S. §370l(a)(l)(v), having committed a Robbery a felony of the third degree, of approximately $500 at for a convenience store in Lebanon County on November 12, 2013. 7. Respondent was sentenced to a fine of $350 and to a period of 23 months of Restrictive Intermediate Punishment with conditions, including 30 days in the Lebanon County Correctional Facility, successful completion of an in-patient treatment program at Catholic Charities Evergreen House in Harrisburg, and random drug and alcohol testing throughout the PA, entire sentence. 8. Respondent Secretary of the did not report Disciplinary Board, her as conviction required by to the Pa. R. D. E. 214 (a) . 9. Mission Respondent Women and is a current Children's resident Shelter and of the Bethesda participant in its recovery program. 10. Respondent began treatment at Gaudenzia Harrisburg Outpatient Services in July of 2014 and continues to date. DISCIPLINARY RULE VIOLATIONS 11. Respondent admits she violated the following Rule of Professional Conduct and Rules of Disciplinary Enforcement: a. misconduct RPC 8. 4 (b), for which states that it is professional an attorney to commit a criminal act reflects adversely on the lawyer's honesty, that trustworthiness or fitness as a lawyer in other respects. b. Pa.R.D.E. 203(b) (1), which states that conviction of a crime is a ground for discipline; and c. convicted Pa.R.D.E. of a 214(a), crime which states shall report that the an fact attorney of such conviction within 20 days to the Office of Disciplinary Counsel. SPECIFIC JOINT RECOMMENDATION FOR DISCIPLINE 12. Petitioner and Respondent appropriate period discipline for of three being imposed executed Affidavit she consents mandatory upon Attached Pennsylvania. to Respondent Respondent years. discipline to required by the jointly reconunend that her this a Suspension hereby by the for to a the Court of is Respondent's 215(d), stating that discipline contained consents Supreme Petition Pa.R.D.E. reconunended acknowledgments is the in and including Pa.R.D.E. the 215 (d) (1) through ( 4) . 13. In support of Petitioner's and Respondent's Joint Recommendation, it is respectfully submitted as follows: a. The aggravating factors are as follow: i. Respondent pleaded guilty Robbery in violation of 18 felony of the third degree, Pa. C. S. for to one count §3701 (a) (1) (v), having conunitted of a a Robbery of approximately $500 at a convenience store; and ii. Respondent failed to notify the Office Disciplinary Counsel of her conviction. b. The mitigating circumstances are as follows: i. Respondent has no prior discipline; of ii. Respondent inpatient successfully treatment program at completed Catholic an Charities Evergreen House, a term of her sentence; iii. Respondent one-year long has elected to participate recovery program at the in a Bethesda Mission, in Harrisburg; iv. Respondent has maintained her sobriety and sought treatment for her mental health issues; v. Respondent Disciplinary cooperated Counsel, as with the Office by the evidenced of Joint Petition for Discipline; and vi. from Respondent has obtained the attached letters Sarah Runk, MAR, MA, Counselor/Teacher at the Bethesda Women's Mission and Kate Zombro, BA CII, Drug and Alcohol Counselor at Gaudenzia, Inc., Harrisburg Outpatient Services. vii. Sarah Runk provided that she has been Respondent's program counselor since July of 2014 and interacts with her on a daily basis. She offered that Respondent has maintained her sobriety, attends meetings and group therapy. has depression, which contributed to her addiction. confident that to manage She opines that Respondent is learned and regularly Respondent her will anxiety and She successfully complete the program and continue to progress in her recovery. viii. Kate Zombro provided that she has been Respondent's drug and alcohol counselor since July of 2014. She explained that Respondent continues to attend weekly group and biweekly individual sessions. According to Ms. Zombro, has worked on her during treatment, Respondent substance abuse and mental health issues, reaching many sober. Zombro of posits her that goals and remaining Respondent's untreated substance abuse and mental illness "likely led to the criminal activity that disciplinary action." Respondent's attendance is program has more been Alcoholics the subject Zombro and continued participation excellent and Anonymous she or attends Narcotics her of that the in four or Anonymous meetings each week and communicates with her sponsor daily. 14. The recommendation law, set is believe, consistent and therefore with relevant aver, that disciplinary their case especially in light of Respondent's mitigating evidence as forth Office of (Pa. parties in two letters Discip~inary by her Counse~ v. credentialed counselors. Seymour H. Braun, 1989) (holding that where the evidence See 553 A.2d 894 of record supports the finding that a mental disorder was a substantial factor in causing professional misconduct, such evidence may be considered in mitigation of discipline). 15. Prior disciplinary cases provide guidance for the appropriate discipline for a respondent who engaged in criminal activity and was convicted, wherein the activity was the result In such cases, where a of mental illness and/or drug addiction. Respondent provides commitment to disbarment is Discip~inary mitigation Braun recovery, a multi-year In appropriate. Counse~ v. and Laurie a can demonstrate suspension short of Office of similar matter, Basden, Ji~~ a 19 0 DB 2 0 0 5 (D. Bd. Rpt. 4/4/08) (S.Ct. Order 7/29/08), the Supreme Court suspended a respondent numerous for three years as a result of her convictions crimes relating to her substance abuse problems. of In the Joint Petition for Discipline on Consent, ODC provided that the respondent procured an expert willing to testify as to the direct relationship between eagerly provided evidence and rehabilitation. discipline as well. Mark Logue, 52 DB her drug relating to Other cases See Office of 1997 use (D.Bd. and convictions her efforts support the Discip~inary Rpt. at and recovery recommended Counse~ 6/24/98) (S.Ct. v. John Order 8/17/98) (suspending a respondent for three years as a result of his conviction of possession of cocaine with intent to deliver; at his hearing, the respondent offered Braun mitigation in the form of testimony from his treating physician who respondent's and problems recovery); DB 95 misconduct that was Bd. Rpt. respondent for now committed Discip~inary Office of (D. to was he due two one-half and to emotional sobriety and G~ass, 5 Order 5/21/97) (suspending a years for a Counse~ 4/1/97) (S.Ct. and addiction stated that v. L. Edward possession of controlled substance with intent to deliver; at his hearing, the respondent offered mitigation Braun in the form of expert testimony as to the relationship between respondent's substance abuse problems and criminal activity and his commitment to sobriety and recovery) A suspension of three years will serve the goal of the disciplinary system in protection of the public and allow for Respondent, decade who was only admitted to the Bar approximately one ago, to return to her career, once she completes the period of suspension and can demonstrate fitness. Based on the above, Petitioner and Respondent believe that a suspension of three years is necessary to protect the public, which is an overriding goal of the disciplinary system. WHEREFORE, the Petitioner and Respondent respectfuliy request that: a. of the Pursuant to Disciplinary Pa.R.D.E. Board 215, review a and three-member panel approve the above Joint Petition in Support of Discipline on Consent and file its in recormnendation with the which it is recommended Supreme Court of Pennsylvania that the Supreme Court of practice of Pennsylvania enter an Order: i. suspending Respondent from the law for three years; and ii. directing Respondent to comply with all the provisions of Pa.R.D.E. 217. Respectfully submitted, 3/A-jiS Date Jul~Morris Disclplinary Counsel District III 601 Commonwealth Avenue, STE 5800 P.O. Box 62675 Harrisburg, PA 17106 Attorney Registration No. 308715 Oat~ 1 Kathy auri Respondent 818 N. 20u Street Harrisburg, PA 17103 Attorney Registration No. 92367 3jflj/J' /VIens Shelter BETHESDAMISSION \c'?'oram and Children's Shelter Y01-ttlJ Ccn;a Medical Clinic lvfobile Street lvfinistr)' Febru:ny 2D,f2ilJJ:f!,1ch Mini.rtries Ms. Frankston-Morris, This letter is written on behalf of Kathy Laurino Yearter, a currentresidentofthe Bethesda Mission Women and Children's Mission and participant of our recovery program. I have been Kathy's program counselor since her arrival on July, 24, 2014. I observe and interact with Kathy on a daily basis" For the duration of the program, she has maintained sobriety and has done well to comply with our program requirements, such as regular attendance of meetings and !ioups and completion of program responsibilities. It is my professional opinion that she has significantly improved in such areas as awareness and coping skills, which additionally have decreased her anxiety and depression. Both issues historically contributed to her previous addiction. I am confident that she will meet her goal of finishing this program and her skill development and progress will continue. If you have any further questions, please contact me at the infurrnation listed below. 'Thank you. Sid/~~~ Sarah Runk MAR, MA Counselor/Teacher Bethesda Women's Mission 818 N. 20~ 1 Street Harrisburg, Pal 71 03 717-257-4447 ATTACHMENT 1 P.O. Box 3041, Harrisburg, PA 17105-3041 tel: 717-257-4442 J fax: 717-257-5486 0861> LSZHL I email: info@BethcodaMission.org l8lJ84S SUSLUOM epS84J88 J www.Bethesda~\1'ission.org Richard Z Freemannj] r., Esq Chairman of the Board Gaudenzia, Inc. GAJDi:N.t ~A, ~ i\!C. Harrisburg Outpatient Services 2039 N. 2nd Street Harrisburg. PA 17102 Mlchael Harle, M.H.S. President/Chief b:ecutivE>Offfcer February 13,2015 Dear Julia Frankston-Morris, This letter is to give an update on Kat)ly Yeatter's progress since beginning treatment at Gaudenzia Harrisburg Outpatient on 7/29/14. I have been Kathy's drug & alcohol counselor since she began treatment. Kathybeganhertreatmentwith 3 groups & 1 individual session per week. She has stepped down treatment & is now attending l group per week & 1 individual session biweekly. Her expected discharge will likely occur in late March or early April. W'hile in treatment, Kathy has worked on many substance abuse & mental health issues. She has completed the majority of her goals & has remained sober. Kathy's untreated · substance abuse & mental health issues likely led to the criminal activity that is the subject of her disciplinary action. Her attendance has been excellent & she has fully participated in her treatment. Kathy attends 4+ At\ cr NA'community meetings each week. She also has a sponsor that she works with or talks to daily. Kate Zombro, BA CII ATTACHMENT 2 Helping people help thems.elves since 1968 GJudem:ia b. r.egisten.!d a$ a "Charitable organi.J:atlon wllh the Pennsyl\'.ania Dep;utmcnl of Stale's Bureau of Charitable Ort:anintionl:l unt.ler the Solicit.'llio:J. ol Funds. ft:lc Charitable Purpo5es Act._Acnp\'·Oflhis oHidal tcgfsrratfon and financial iniortn.ati"n may be obtainE'd ftom tlJ~f'ennsylvanla DeparlmcntofS\.ll\i: b}· cal!Jn~ toll fr<:!c wilhi11 Peonsylvani<l, 1·800-732·0999, Registrn!ion do!!s not imply endorsement. OS6P L9Z L ~L BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, Petitioner: No. 2093 DD No. 3 No. 130 DB 2014 v. Atty Registration No. 92367 KATHY LAURINO YEATTER, Respondent: (Lebanon County) CERTIFICATE OF SERVICE I hereby certify that document upon all parties I am this day serving the foregoing of record in this proceeding accordance with the requirements of Pa.R.A.P. 121. First Class Mail, as follows: Kathy Laurino Yeatter 818 N. 20th Street Harrisburg, PA 17103 Attorney Registration No. 92367 Dated: I Q j4- \5"" Ju~-Morri~ Disciplinary Counsel District II I Atty. Registration No. 308715 Pennsylvania Judicial Center 601 Commonwealth Avenue, STE 5800 P.O. Box 6275 Harrisburg, PA 17106 (717) 772-8572 in BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, Petitioner: No. 2093 DD No. 3 No. 130 DB 2014 v. Atty Registration No. 92367 KATHY LAURINO YEATTER, Respondent: (Lebanon County) VERIFICATION The statements contained in the foregoing Joint Petition in Support of Discipline on Consent Pursuant to Pa. R. D. E. 215 (d) are true and correct to the best of my knowledge or information and belief and are made subject to the penalties of 18 Pa.C.S. §4904, relating to 11nsworn falsification to authorities. Date: ~/4 /t5 By:~ Ju~l Frankston-Morrls Disciplinary Counsel District III Atty. Registration No. 308715 Pennsylvania Judicial Center 601 Commonwealth Ave, STE 5800 P.O. Box 62675 Harrisburg, PA 17106 (717) 772-8572 ,,t#V~ athy a i Yeatter Respondent 818 N. 20ili Street Harrisburg, PA 17103 Attorney Registration No. 92367 BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, Petitioner : No. 2093 DD No. 3 No. 130 DB 2014 v. Atty Registration No. 92367 KATHY LAURINO YEATTER, Respondent: (Lebanon County) RESPONDENT'S AFFIDAVIT UNDER RULE 215(d) OF THE PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT I, matter, Kathy Laurino Yeatter, Respondent in the above-captioned hereby consent to ·the imposition of a Suspension of three years, as jointly recommended by the Petitioner, Office of Disciplinary Counsel, and myself, in a Joint Petition in Support of Discipline on Consent and further state: 1. My consent is freely and voluntarily rendered; not being subjected to coercion or duress; I am I am fully aware of the implications of submitting the consent; 2. I am aware allegations that I there is presently an investigation into have been guilty of misconduct as set forth in the Joint Petition; 3. I acknowledge that the material facts set forth in the Joint Petition are true; 4. I consent because I know that if the charges against me were prosecuted I could not successfully defend against them; and 5. consult I and proceeding. acknowledge employ that counsel I am fully to I have not retained, aware represent me of my in right the to instant consulted and acted upon the advice of counsel in connection with this decision to execute the within Joint Petition. ~lkzti& ~ irl,;0'eatter Respondent 818 N. 20th Street Harrisburg, PA 17103 Attorney Reqistration No. 92367

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.