In what is truly a tragic saga involving a father’s involvement in domestic relations proceedings in the Luzerne County Court of Common Pleas, Andrew Kundratic, who has lost over five years of his relationship with his daughter, against both their wills, has sued his former lawyers and that of his ex-wife in federal court, claiming their manipulation and abuse of the courts to gain political advantages and to retaliate against him in violation of his constitutional rights. We introduced Andrew’s first case generally in the PCRLN call out to Senators Casey and Toomey, and he is represented by Don Bailey.
The divorce case, in which Andrew was represented by Luzerne County attorneys, was proceeding during the time that former Luzerne County Judges Conahan and Ciavarella were being prosecuted in the federal courts for masterminding the kids-for-cash scandal that rocked the legal world, but somehow has fallen quickly silent. Three of the defendants in the case, attorneys Lumbis, Gartley, and Shucosky, were running for election to the seats vacated by Conahan and Ciavarella, who were convicted and sentenced on criminal corruption charges. Gartley, who was plaintiff’s wife’s attorney, won the election, and is now sitting as a Luzerne County Judge.
Gartley also represented defendant Pennsylvania State Police Trooper Gary Thomas, who effectively stole Andrew’s wife, and then his house and belongings through the divorce proceedings as well, in a truly menacing fashion. In the Complaint, in which Andrew is represented by Don Bailey, Andrew alleges that he has suffered a continuing pattern of harm that began with Thomas’ threat in 2007 to retaliate against Andrew for confronting Thomas about the affair with his wife. The Complaint filed January 3, 2012 follows:
The “climate of acculturation” has been a theme discussed throughout this site, and has its origins in a May 2011 report by the Interbranch Commission on Juvenile Justice to the Governor, General Assembly, and Supreme Court, which referred to an “element of acculturation” that impeded the Commission’s ability to fully investigate the nature of the problem. It was argued by Bailey as a key to understanding the real nature of the charges against him, and the report was cited and attached to Bailey King’s Bench Petition for extraordinary relief.
The climate of acculturation suggests that there is something intrinsic to the legal system that made attorneys resistant to participating in efforts to reform the legal system, and that lead to conditions in the courts that permit secrecy, insider deals, and conditions overall that have been discussed throughout this site, including our crony capitalism/courthouse corruption and struggle within the civil rights struggle posts. It is also at the heart of the Penn State/Good old boy’s network and the Bailey “shit storm” articles. This is the climate in which the attorneys operated to cut off Andrew’s effective access to the courts.
Andrew had filed a previous suit in federal court, represented by Bailey again during those proceedings, as well as Andy Ostrowski, which was dismissed by Judge Nealon, and upheld on appeal. Andrew has participated in the effort, along with the other Bailey clients, to file motions to open judgment, which he did, pro se, in both the Middle District and Third Circuit. His motion was dismissed by Nealon in a day, but remains pending in the Third Circuit, citing the conduct of Judge Scirica of that Court, who was a complainant against Bailey, as a basis of the bias. Andrew’s suit also claims that he brought the misconduct of the attorneys and the courts to the Pennsylvania Disciplinary Board, and the FBI, and that these efforts have been silenced as well.
Andrew has paid over $100,000 in attorney’s fees, and has lost his $600,000 house, his wife, and all of his belongings, and Thomas now lives there, has her, and uses them all, and, most tragically, Andrew is in the sixth year of lost relationship with his now 17 year-old daughter. We hope to provide you updates on Andrew’s efforts to get justice.