Insurance Criminals are Relentless Even After They are Jailed: Court Refuses to Allow Pro Se Plaintiff to Annoy Court.

Author:Zalma, Barry
 
FREE EXCERPT

* Insurance criminals who are arrested and convicted of the crime of insurance fraud--a very rare occurrence --can't believe that they must serve time in jail. As a result of the conviction they insist on filing multiple lawsuits--usually with no merit--just to vex and annoy those who they attempted to defraud and the courts.

In Bianca Bucano v. The Law Offices of Gregory Javardian, et al., J-A20044-19, No. 2094 MDA 2018, Superior Court of Pennsylvania (August 21, 2019) Ms. Bucano proved my analysis. In this case, Bianca Bucano, appealed from the order entered in the Dauphin County Court of Common Pleas, which dismissed her complaint against The Law Offices of Gregory Javardian ("the Firm") and others, and barred Bucano from future filings against the Firm and others in, or arising from, the foreclosure action against her and her Chapter 13 Bankruptcy.

FACTS

The trial court opinion sets forth the relevant background facts and procedural history of this appeal as follows:

Appellant is currently an inmate at sci muncy. 1 appellant's numerous filings have resulted in a lengthy procedural history, which includes several appeals to the superior court of Pennsylvania. We... emphasize only the following history relevant to this appeal. Bucano has been incarcerated and is serving a state sentence of 11 1/4 to 23 1/2 years for a 2012 conviction of multiple counts of corrupt organizations, insurance fraud, forgery, theft by deception, attempt to commit theft by deception, conspiracy, and dealing in proceeds of unlawful activities. In addition, Bucano has been ordered to pay restitution totaling more than $1.1 million. Her direct appeals have been exhausted, the judgment of sentence is final, and her collateral claims under the postconviction relief act have been denied. On May 16, 2013, Citizens Bank of Pennsylvania [("Citizens Bank")] commenced mortgage foreclosure proceedings against Appellant for a property located at 2 Harvest Hill Drive, Effort, PA 18330. During the pendency of the foreclosure action, Appellant filed for Chapter 13 Bankruptcy. The Firm served as counsel for Citizens Bank in both matters. After the foreclosure judgment was entered, and while she was incarcerated, Bucano filed serial motions, petitions, and requests for various forms of relief, including several filings through which she attempted to collaterally attack the judgment, and others through which she sought a stay of the sheriff's sale. All of her motions were denied...

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