McArdle, P. v. Hufnagel, J. (judgment order)
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J-A23007-16 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 PAUL J. MCARDLE IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. JOSEPH W. HUFNAGEL, MARGARET M. HUFNAGEL, THERESA J. HUFNAGEL, J. JEROME MANSMANN, PATRICK W. MANSMANN, KATHLEEN MANSMANN RYGALSKI, JAMES P. MANSMANN, JOANNE T. MANSMANN, PETER J. MANSMANN, SANDRA L. MANSMANN, PETER L. MANSMANN, SARAH E. MANSMANN, KRISTINE I. MANSMANN SULLIVAN, THOMAS M. SULLIVAN, MICHELE M. MANSMANN, RONALD A. WEISENSTEIN, THERESA A. MANSMANN CAMPA, CLAYTON T. CAMPA, ELIZABETH MANSMANN CHAMPAGNE, KEITH J. CHAMPAGNE, DENISE MANSMANN BIRD, DANIEL L. BIRD, DANIEL F. CUSICK, MARY SHEILA CUSICK, COLLEEN CUSICK, ANNE M. MCARDLE, GEORGE R. FOX, III, CARRIE FOX, KELLY FOX, ERIN L. MARSH, DENNIS J. WELSCH, MARY P. WELSCH, WILLIAM P. MORGAN, KATHLEEN S. MORGAN, JOHN DOE, JANE ROE, ET AL. Appellees No. 1056 WDA 2015 Appeal from the Order June 17, 2015 In the Court of Common Pleas of Allegheny County Civil Division at No(s): GD 14-022519 BEFORE: LAZARUS, J., STABILE, J., and STRASSBURGER, J.* ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-A23007-16 JUDGMENT ORDER PER CURIAM: FILED DECEMBER 30, 2016 Paul J. McArdle, Esquire,1 appeals from the order, entered in the Court of Common Pleas of Allegheny County, which awarded attorney fees in favor of Appellees Daniel and Mary Cusick (the Cusicks) and Dennis and Mary Welsch (the Welsches). We affirm. This matter is one of a series of proceedings with a long and convoluted history, all of which have been initiated by Attorney McArdle in a pro se capacity. McArdle has In five separate cases initiated in state court,2 Attorney repeatedly made conclusory and factually inadequate allegations against approximately thirty defendants, asserting conspiracy, trespass, conversion, and defamation causes of action. He has continued to file discovery motions and re-file complaints in violation of explicit orders not to do so, including an order entered July 25, 2012, which prohibited Attorney McArdle from pursuing additional litigation against either the same or related ____________________________________________ 1 We take judicial notice that, on November 22, 2016, subsequent to argument in this matter, Attorney McArdle’s license to practice law in Pennsylvania was suspended for one year and one day. 2 Attorney McArdle has also initiated proceedings in federal court on related grounds. -2- J-A23007-16 defendants3 regarding the same or related claims unless he was represented by counsel.4 See Order, 7/25/12; see also Pa.R.C.P. 233.1. Instantly, the Cusicks and the Welsches presented motions seeking counsel fees in the amounts of $3,248.40 and $910.00, respectively. The trial court granted these motions, finding that the amounts were fair, reasonable and warranted in light of the improper filings in this matter. See 42 Pa.C.S. § 2503(9) (providing for award of counsel fees where “the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith.”) Accordingly, we discern no error in the award of counsel fees. We find that the opinion authored by the Honorable Judith L. A. Friedman on September 24, 2015, comprehensively addresses the history of this matter and the issues raised on appeal, and we direct the parties to attach a copy of that opinion in the event of further proceedings. Order affirmed. ____________________________________________ 3 The Welsches were not parties to the litigation that resulted in the order of July 25, 2012. 4 Notably, this order was appealed to this Court, which affirmed the trial court on December 19, 2012. McArdle v. Hufnagel, 64 A.3d 28 (Pa. Super. 2012) (unpublished memorandum). -3- J-A23007-16 Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 12/30/2016 -4- Circulated 12/09/2016 10:05 AM
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