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Former Fayette lawyer gets probation for theft

| Friday, Nov. 15, 2013, 12:01 a.m.

A disbarred Fayette County attorney was sentenced to probation on Thursday after apologizing for taking more than $10,000 from two men who thought the money would get their loved ones out of jail.

“I'm sorry and ashamed,” said Nicholas Timperio Jr., 45, of Uniontown as he stood before President Judge John F. Wagner Jr.

He gave no explanation as to why he stole money from his clients.

Under a plea bargain, Timperio previously pleaded guilty to theft and receiving stolen property. The Clerk of Courts Office has received all the money to repay the victims, according to defense attorney Vincent Tiberi.

“In all likelihood, this court would not have considered probation had restitution not been made,” Wagner said.

Senior Deputy Attorney General Anthony Krastek said a family member paid the restitution owed by Timperio.

“Apparently, his retirement program will be his mother's savings account,” Wagner said.

He sentenced Timperio to four years of probation and ordered him to complete 250 hours of community service within a year.

Wagner ordered that Greg Lockhart, 70, of Republic receive restitution in the amount of $2,060, and James Fisher Jr., 36, of McClellandtown receive $8,474.

The two told authorities they found out the day their loved ones were to be sentenced that Timperio failed to use the cash to make restitution in those cases. The men had to come up with the cash a second time to honor requirements in plea bargains, they said.

Lockhart and Fisher were in the courtroom on Thursday as Timperio was sentenced.

Wagner told Timperio that all of his hard work to get through law school and earn a position of respect in the community was “completely destroyed.”

“Having said that, he is no longer in a position where he can steal money from people. It's a shame when someone has the ability to be successful and they throw it away,” Wagner said.

“As a condition of probation, Mr. Timperio will write a letter to the Fayette County Bar Association, expressing his regret for any harm he may have caused to ... his fellow members of the bar,” Wagner said, noting that Timperio “has drawn some unpleasant publicity.”

Timperio agreed to an involuntary disbarment last year, rather than fight allegations made to the Disciplinary Board of the state Supreme Court about misconduct involving six clients. He became a lawyer in 1993.

According to documents filed by the board, Timperio admitted to the charges by agreeing to disbarment.

The board contended Timperio violated the Rules of Professional Conduct while representing six clients in civil cases from 2003 to 2007 in Fayette County. Two involved contract disputes; four involved personal-injury claims.

Mary Pickels is a staff writer for Trib Total Media.

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