Gray v. Buonopane

53 A.3d 829
CourtSuperior Court of Pennsylvania
DecidedAugust 22, 2012
StatusPublished
Cited by46 cases

This text of 53 A.3d 829 (Gray v. Buonopane) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gray v. Buonopane, 53 A.3d 829 (Pa. Ct. App. 2012).

Opinions

OPINION BY

BENDER, J.:

In this case of first impression, Patricia R. Gray, acting pro se, appeals the trial court’s orders dismissing the plaintiffs’ Amended Complaints pursuant Pa.R.C.P. 233.1. Gray also challenges the provision of the order barring herself and T. Barry Gray (the Grays), as pro se plaintiffs, from filing, without prior leave of court, new actions against the named defendants for the same claims or claims related to those addressed in the case of Ocwen Loan Servicing LLC v. Gray, June Term 2000, No. 001444.1 Upon review, we find Gray’s claims devoid of merit. Accordingly, we affirm the trial court’s order dismissing these actions pursuant to Pa.R.C.P. 233.1 and barring the Grays from further attempts to re-litigate issues addressed in the prior action.

The trial judge, the Honorable Allan L. Tereshko, accurately summarized the factual and procedural history of this matter as follows:

The property in question [2414 North 54th Street, Philadelphia, PA 19131] was the subject of a foreclosure action, which was commenced by the filing of a Complaint on June 14, 2000. [See Ocwen Loan Servicing LLC v. Gray, June Term 2000, No. 001444, sub nom., Bankers Trust Co. of Cal. v. Gray ]. Stuart Winneg, Esq. of Udren Law Offices, P.C. represented Ocwen Loan Servicing, LLC (hereinafter “Ocwen”) in the foreclosure action. At the conclusion of the foreclosure action, the property was sold in a Sheriffs Sale on August 5, 2008. (Fourth Amended Complaint, ¶ 30.) On August 6, 2008, Mrs. Gray returned to the subject property after being out of town and discovered that the locks on the property had been changed. (Fourth Amended Complaint, ¶ 35). Mr. Gray accompanied Mrs. Gray to the home on August 9, 2008 and observed that his car had been removed from the driveway. (Fourth Amended Complaint, ¶ 36). A neighbor, Mr. Wing allegedly approached Mr. and Mrs. Gray to inform them that his daughter had called the police after observing unidentified [832]*832individuals entering the home who identified themselves as employees of a real estate company, which Plaintiffs believed to be Bridgeford Real Estate, LLC. (Fourth Amended Complaint, ¶¶ 37-88).
On August 28, 2008, Plaintiffs presented an Emergency Petition to Discontinue Lockout before Judge Gary DiVito. (See Docket). According to the Certification Regarding Status of Foreclosed Premises, the property in question was not owner-occupied as of April 21, 2008. (Exhibit “F” to Defendant Michael Buo-nopane and Professional Clean Out Service, Inc.’s Motion to Dismiss). Plaintiffs admitted that they had not been living at the subject property on the date of the Sheriffs Sale, but were instead living in Folsom, Pennsylvania. (Exhibit “D” to Plaintiffs’ Fourth Amended Complaint, pg. 10).
Plaintiffs requested that Ocwen return possession of the subject premises and replace any items that were removed from the home, returning the premises to its status quo as of August 4, 2008. (Exhibit “C” to Defendant Michael Buonopane and Professional Clean Out Service, Inc. Motion to Dismiss). Plaintiffs also requested that Ocwen reinstall the old locks or provide new locks. Id. Plaintiffs admitted that Ocwen offered them a copy of the new key; however, Plaintiffs requested that all copies of the key be turned over to them. (Exhibit “D” to Plaintiffs’ Fourth Amended Complaint, pg. 7).
In the Notes of Testimony from the August 28, 2008 hearing, Mr. Winneg described the underlying foreclosure action, stating, “This has been a contentious litigation for going on 8 years. We had a full trial before Judge Maier; extensive. Now it is before Superior Court. A supersedeas has been denied.” (Exhibit “D” to Plaintiffs’ Fourth Amended Complaint, pg. 9). Mr. Win-neg testified that nothing, including Mr. Gray’s car, was removed from the property. Id. One of the pictures taken of the home allegedly shows a car overgrown with weeds with a 2006 inspection sticker and no license plate, but Mr. Gray did not confirm nor deny whether the car depicted was the same one which he alleges Defendants conspired to remove. Id.
Judge DiVito ordered the Plaintiffs to remove their personal belongings from the property within 20 days after Plaintiffs protested that they could not remove the items within the 10 days proposed by Judge DiVito (Exhibit “D” to Plaintiffs’ Fourth Amended Complaint, pgs. 11, 13). Judge DiVito also denied a provision proposed by Plaintiffs, which stated that they would have the right to seek claims for any loss or damage resulting from the lockout. (Exhibit1 “C” to Defendant Michael Buonopane and Professional Clean Out Service, Inc.’s Motion to Dismiss). Plaintiffs appeal of Judge DiVito’s Order was denied by the Superior Court (See Docket).
Plaintiffs failed to comply with Judge DiVito’s August 28, 2008 Order requiring them to remove their belongings from the subject premises (Bridgeford Defendants Motion to Dismiss, ¶ 12). Plaintiffs did not move for reconsideration of Judge DiVito’s Order, but filed an appeal with Superior Court, which was dismissed. (See Docket). Plaintiffs also failed to file a Petition for Allowance of Appeal with the Supreme Court following the Superior Court’s dismissal of their appeal. (See Docket).
Plaintiffs have filed three lawsuits pertaining to the alleged illegal lockout and destruction of personal property, naming the actors allegedly involved, their counsel and counsel’s law firms.
[833]*833Plaintiffs commenced this action by filing their Complaint on November 8, 2010 on the basis of an alleged illegal lockout and the destruction of personal property. (See Docket). Plaintiffs contend that, following the sale of the property, Defendants changed the locks and conspired to lock them out of their home. (Fourth Amended Complaint, ¶ 38). Plaintiffs assert that Stuart Win-neg, counsel for Ocwen, ordered the Bridgeford Defendants to lock the Plaintiffs out of the subject property and that the Bridgeford Defendants hired Professional Clean Out Service, Inc. (of which Michael Buonopane is the corporate and professional officer) to perform the locksmith services. (Fourth Amended Complaint, ¶¶ 53, 61, 64).
Plaintiffs have filed 4 Amended Complaints throughout the course of this litigation. Plaintiffs assert claims for Negligence, Trespass to Real Property, Replevin, Trespass to Personal Property, Conversion, Conspiracy, Fraudulent Misrepresentation, and Declaratory Judgment as Ancillary Relief. On April 21, 2011, this Court granted Motions to Dismiss by Michael Buonopane and Professional Clean Out, Inc. and by the Bridgeford Defendants. Id. On May 4, 2011, this Court granted Stuart Winneg and Udren Law Offices, P.C.’s Motion to Dismiss. Id. Plaintiffs have filed three 1925(b) Statements of Matters Complained of on Appeal dated June 9, 2011, June 11, 2011 and August 2, 2011. Id. Plaintiffs have also filed three appeals, raising identical issues. Id. The issues on appeal are as follows:
1. Whether this Court erred in granting the Bridgeford Defendants’ Motion to Dismiss Plaintiffs’ Third Amended Complaint when the Fourth Amended Complaint was of record.
2. Whether this Court erred in granting Michael Buonopane and Professional Clean Out Service, Inc.’s and Udren Law Offices, P.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re: Ruzbacki, T., Appeal of: Ruzbacki, S.
Superior Court of Pennsylvania, 2026
Hatchigian, D. v. Mulhern, E.
Superior Court of Pennsylvania, 2026
Kovalev, S. v. Gilchrist, J.
Superior Court of Pennsylvania, 2025
Kovalev, S. v. The Home Depot
Superior Court of Pennsylvania, 2025
Kovalev, S. v. Jefferson Health - Northeast
Superior Court of Pennsylvania, 2025
T. Lee v. Philadelphia Housing Auth.
Commonwealth Court of Pennsylvania, 2025
Weir, N. v. Allegheny Health Network
Superior Court of Pennsylvania, 2025
Kovalev, S. v. Laboratory Corp.
Superior Court of Pennsylvania, 2025
Kovalev, S. v. Rubinstein, B.
Superior Court of Pennsylvania, 2025
Cicchiello, J. v. Service Employee Int'l Union
Superior Court of Pennsylvania, 2024
Frempong, A. v. Richardson, A.
Superior Court of Pennsylvania, 2024
Kline, R. v. Novick, J.
Superior Court of Pennsylvania, 2024
Coyle, P. v. Allentown Parking Authority
Superior Court of Pennsylvania, 2023
Hatchigian, D. v. Gallagher, N
Superior Court of Pennsylvania, 2023
Kovalev, S. v. Stepansky, I.
Superior Court of Pennsylvania, 2023
Pauletta, R. v. ACNB Bank
Superior Court of Pennsylvania, 2023
Bush, M. v. Adams, C.
Superior Court of Pennsylvania, 2023
Perlmutter, D. v. Sutton Invest.
Superior Court of Pennsylvania, 2022
R. Nifas v. J. Wetzel, M. Smeal, D. Burns
Commonwealth Court of Pennsylvania, 2021
T.W. Olick v. City of Easton PD and Captain Beitler
Commonwealth Court of Pennsylvania, 2021

Cite This Page — Counsel Stack

Bluebook (online)
53 A.3d 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-buonopane-pasuperct-2012.