Thursday, November 12, 2009

Claudia and Francesca Montelione

Pennsylvanians have a right to know of Dauphin County Court of Common Pleas Judge Lawrence F. Clark’s use of state resources in pursuing his personal litigation against Claudia Monetelione, her daughter, Francesca S. Montelione and the Recorder of Deeds of Luzerne County. The matter arose when Francesca, who held Power of Attorney for her mother while Claudia was illegally incarcerated in Dauphin County Prison, recorded an Affidavit at the courthouse in Wilkes-Barre, Luzerne County. The Affidavit demanded that the Respondents, Pennsylvania Attorney General Tom Corbett, Judge Lawrence F. Clark and Warden Dominick DeRose either show how their imprisonment of Claudia did not violate the federal criminal code and Pennsylvania statutes or release her. Without any of the Respondents answering the Affidavit, thus indicating their agreement with its claims, Judge Clark took exception to the public filing of the Affidavit. He sued to have it removed using state paid attorneys and more than likely, public resources for all of the administrative services necessary in pressing litigation: Preparation and typing of documents; making copies; mailing expenses, etc.

The other ethical defect in Judge Clark’s action is the fact that the case of Lawrence F. Clark, et al v. Claudia Montelione, et al, [CP-22-MD-0000453-2008] was brought while Claudia was in prison upon Clark’s Order following an illegal court action he had presided over [presumably 2008 CV 875 EQ see page 3 of 4 Docket Number: CP-22-MD-0000453-2008] in March of 2008. Claudia asserts that she knew nothing about the case against her in Luzerne County and was only aware of it when the final Order was served upon her in Dauphin County Prison on September 15, 2008. It was no surprise that the case was decided in Clark’s favor by Judge Ann Lokuta who was subsequently removed from the bench. Mark A. Ciavarella, Jr. who was President Judge at that time, is presumed to have had full knowledge of the case. He apparently didn’t see anything wrong with the main defendant not knowing there was a case against her and a search of public dockets through The Unified Judicial System of Pennsylvania’s website to link Claudia’s name to this alleged Luzerne County case is not found. What has been found is a "Sealed Order by Atty General's Office".

Notice in the following Luzerne County Civil Division "DISPOSITION" that the date Case No. 11530-2008 (Clark, Jr. and Pierantoni, III vs. Montelione, et al) was tried before the Honorable Ann Lokuta is memoralized as the "15th day of September 2008". So; How can it be that this "DISPOSITION" document for 0115302008 (page) 0009 is bar-code recorded as being filed with the Prothonotary on 9/11/2008 at 2:40:09 PM?

How can Pennsylvanians expect “honest services” from judges and public officials who have the moral sense of a reptile and how can we afford to pay the salaries and pensions of such in these hard economic times?

A return to the “Rule of Law”, “Due Process” and ethics at all levels of government (and its judiciary) is desperately needed.