The opinion
ORDER
PER CURIAM:
Upon consideration of 'the Report and Recommendations of the Disciplinary Board dated March 18, 2004, and following oral argument, it is hereby
ORDERED that Barry Franklin Levine be and he is suspended from the Bar of this Commonwealth for a period of five years, and he shall comply with all the provisions of Rule 217, Pa.R.D.E. It is further ORDERED that respondent shall pay costs to the Disciplinary Board pursuant to Rule 208(g), Pa.R.D.E.
Justice CASTILLE did not participate in the consideration or decision of this case.
Chief Justice CAPPY files a dissenting statement in which Justice SAYLOR joins.