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ALLEN L. FEINGOLD v. LOUIS G. HILL & GANESH BALA (02/11/87)

filed: February 11, 1987.

ALLEN L. FEINGOLD, APPELLANT,
v.
LOUIS G. HILL & GANESH BALA, JOSEPH M. HANKINS & DUANE, MORRIS & HECKSCHER



Appeal from the Order of the Court of Common Pleas, Philadelphia County, Civil Division, at No. 2342 February Term, 1985.

COUNSEL

Allen L. Feingold, Philadelphia, in propria persona.

David R. Weyl, Ambler, for Hill, appellees.

Stephen M. Feldman, Philadelphia, for Hankins, appellees.

Cavanaugh, Brosky and Montemuro, JJ.

Author: Brosky

[ 360 Pa. Super. Page 542]

This appeal arises from the granting of preliminary objections to a civil complaint. The trial court ordered that appellant's complaint be dismissed with prejudice for failure to state a cause of action. Appellant, Allen L. Feingold, contends that the trial judge erred when he: (1) dismissed the complaint, as the complaint stated a cause of action pursuant to a number of intentional torts; (2) refused appellant's request for leave to amend the complaint; and (3) refused to recuse himself from the case. Finding appellant's arguments to be without merit, we now affirm.

Appellant is an attorney who has been practicing law for approximately twenty years, and continues to so practice in Philadelphia. This action seems to have arisen from a series of encounters with other members of the legal community: namely, the appellees in this matter, who are: (1) the Honorable Louis G. Hill, a trial judge in the Philadelphia Court of Common Pleas; (2) Ganesh Bala, Esquire, Judge Hill's law clerk; (3) Joseph M. Hankins, Esquire, an attorney practicing in the Philadelphia area; and (4) Duane, Morris & Heckscher, the law firm with which Mr. Hankins practices. Appellant has brought the current suit as the result of three separate lawsuits in which appellant's cause came before Judge Hill.

In the first case, Markey v. Marino, Philadelphia County, November Term, 1981, Number 212, Judge Hill entered a series of orders which were unfavorable to Mr. Feingold and his client, Markey, pursuant to various motions filed by appellee Hankins in his representation of Marino.

Initially, Mr. Hankins filed a motion for sanctions for failure to answer interrogatories, as well as a separate motion to compel the production of records. Both motions

[ 360 Pa. Super. Page 543]

    were granted, and counsel fees totaling three hundred dollars ($300.00) were imposed against Mr. Feingold's client. Mr. Feingold filed two separate petitions for reconsideration, which Judge Hill denied. Mr. Feingold then filed for permission to appeal the discovery orders to the Superior Court; Judge Hill denied that petition as well.

In the months to follow, Mr. Feingold persisted in obstructive behavior which included: (1) the failure to pay the above counsel fees; (2) the retaliatory filing of two frivolous discovery motions, both of which were denied by Judge Hill; and (3) the failure to post security, pursuant to Pennsylvania Rules of Appellate Procedure 1731 and 1735, in a timely fashion, when another appeal to the Superior Court was filed. As a result of the above behavior, an additional six hundred dollars ($600.00) in counsel fees, as well as a fine of two hundred fifty dollars ($250.00), were imposed by Judge Hill, pursuant to Mr. Hankins' request for further sanctions in two separate hearings.

In the second case, Feingold v. Skipwith, 11 Philadelphia Rep. 20 (1984), Mr. Feingold filed four petitions demanding the permanent recusal of the Honorable Alfred DiBona of the Philadelphia Court of Common Pleas, from hearing civil motions*fn1 involving either Mr. Feingold or his clients. In support of his petitions, Mr. Feingold cited fifty-one (51) cases in which Mr. Feingold either acted as counsel, or was a party himself, all of which were decided unfavorably to Mr. Feingold at some pre-trial stage by Judge DiBona.

The matter was assigned to Judge Hill for disposition. A hearing was conducted on February 14, 1984. On June 12, 1984, Judge Hill issued a thirty-five (35) page opinion, with an eleven (11) page appendix, thoroughly and conscientiously analyzing all 51 cases cited by Mr. Feingold. Judge Hill failed to find any prejudice on the part of Judge DiBona, and dismissed Mr. Feingold's petitions.

Mr. Feingold responded by filing a petition for the recusal of Judge Hill in a third case, ...


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