Friday, April 13, 2012

ET: Judge Beltrami Tosses Mezzacappa Suit

Well, that didn't take long.

On Wednesday, Doylestown attorney Larry Otter sued me on behalf of the scourge of West Easton, Tricia Mezzacappa. In a rambling and often illogical Complaint that cited no legal authority, I was accused of sexual assault, burglary (twice) and attempted pig poisoning (twice). I also must have stolen her wallet.

On Thursday, Judge Anthony Beltrami tossed it, according to The Express Times.

I have not seen Judge Beltrami's ruling.In fact, I only learned of it when ET reporter Tom Shortell emailed me. Come to think of it, I have yet to be served with this nonsense.

51 comments:

Anonymous said...

Might as well read it, as yours will be tossed as well. Or attorney Otter will seek a change of venue.

Anonymous said...

Hey Bernie - heard the news - congrats with the Otter and WWWE

Marian

Anonymous said...

Bernie O'Hare has written of two recent cases where Lawrence Otter was sanctioned by courts in Pennsylvania for filing frivolous claims. In a federal case, a sanction of about $40,000 was imposed on Otter.

In a state case, a sanction of about $80,000 was imposed on him.

In June 2011, Otter narrowly escaped a Rule 11 sanction from federal Judge A. Richard Caputo, of the Middle District of Pennsylvania.

Link to Judge Caputo's Order: http://docs.justia.com/cases/federal/district-courts/pennsylvania/pamdce/3:2010cv01434/81462/56/0.pdf?1307012963

The federal judge dismissed Otter's civil rights complaint because it failed to state a valid claim. "The complaint's legal grounds are tenuous at best," said Judge Caputo. But the judge denied a motion for sanctions against Otter because he said he was "confident that counsel will investigate the basis for such a complaint more thoroughly in the future."

Investigate the basis for such a complaint more thoroughly in the future? I don't think so.

Just a few months ago, Otter attempted to attach a "civil rights" counterclaim to a state statutory Right to Know appeal involving Tricia Mezzacappa and the Borough of West Easton.

I have been told that Judge Stephen Baratta gave Otter several chances to withdraw the "civil rights" counterclaim. Otter resisted but eventually withdrew it.

It looks as if Judge Anthony Beltrami isn't impressed by Otter's legal skills any more than Judge Baratta was.

Kudos to the Northampton County bench.

Bernie O'Hare said...

8:13, I'm unsure whether Otter will be representing Mezzacappa. Hopefully, her homeowner's insurance affords some protection for defamation and provides her with a real attorney, as opposed to someone whose specialty appears to be frivolous litigation. But good luck with that "change of venue" argument.

Anonymous said...

Kudos to the court system in Northampton county. Now when they toss the O'Hare frivolous suit, these two can just get a room and leave us all in peace.

Ron Burgundy said...

BREAKING NEWS:

Tricia Mezzacappa has a new attorney to sue blogger Bernard O'Hare--Orly Taitz will now represent her. According to their press statement on MySpace, "Bernie O'Hare is not really born in America, he has no legal right to call himself an American, and his holding of a county job is illegal since he falsely claims to be an American citizen.

"He's was really born in Kenya, I have the proof, and his real birth name is Bernard Hussein O'Bama. He really lives in North Korea not Northampton County".

Our calls for sanity have gone un- answered.

And now weather with Biff Barf...

Anonymous said...

Did Otter ever pay any of the sanctions?

Anonymous said...

Congrats BOH, she is costing taxpayers in the county, west easton and easton a lot of money and time. Her claims are baseless and she continues.

Anonymous said...

And O'Hares frivolous lawsuits don't cost taxpayers money. I beleive it is ti,e for "farmer Angle" to turn off his computer and got to bed.

Anonymous said...

Shouldn't this have gone differently for her on Friday the 13th? You have defied all odds, Bernie.

Anonymous said...

"Might as well read it, as yours will be tossed as well. Or attorney Otter will seek a change of venue."

Why would the Northampton County Bench have a conflict justifying a change of venue? BHO used to post stories about what time their cars leave parking garages inferring that their lazy. If there's any conflict, its the other way.

I disagree with BHO on many things, but this litigation seemed vindictive and absurd.

Anonymous said...

Bernie may imply. It is the reader's prerogative to infer that their (sic) lazy.

Sincerely,
Grade Six Grammar Competency

Anonymous said...

Unfortunately there are many Patrica's who will do anything for attention. Doesn't matter if it is negative they just need it. They have no one and work hard to keep it that way. Bernie has every right to see this to the proper end. I just hope she fades away soon although she will most likely not until she has a new target. Sane people need to stay far away from her. The others will get whatever she can dish out. What she needs is hummm can't come up with the answer. That is really concerning. Any thoughts????

Anonymous said...

I am glad someone is seeing the whole picture, this women needs to be stopped. All she is doing is wasting tax payers money.

Bernie O'Hare said...

Now she's blaming her lawyer. I actually agree with her on that point. What I'd like to know is what they were doing in Court on Thursday morning. Both of them saw me walking into the Courthouse on Wednesday afternoon. Attorney Otter, instead of snapping pictures of my truck, should have advised me he would be in Court on a matter that directly related to me, but did not.

Bernie O'Hare said...

"Did Otter ever pay any of the sanctions?"

I don't know if he did.

Anonymous said...

What she needs is simple: Strong Medication

danthemann

PS and slip a few in the Otters martini too

Anonymous said...

"Did Otter ever pay any of the sanctions?"

In the federal case, Otter failed to pay the $40,000 sanction and was held in contempt of court by the district judge. Otter appealed the contempt order to the Third Circuit, claiming he was so broke he couldn't even pay his phone and electric bills. I don't know if the court let him off the hook, but the judge did state at one point in the proceedings "you can't get blood from a stone."

If you are interested, you can read the court decisions for yourself.

U.S. Third Circuit Court of Appeals - http://www.ca3.uscourts.gov/opinarch/091973np.pdf

U.S. District Court - http://www.paed.uscourts.gov/documents/opinions/08d0897p.pdf

Bernie O'Hare said...

Thanks.

Anonymous said...

Breaking News: Tricia Mezzacappa is in a legal hole and she just keeps digging.

This morning she posted a comment on her blog accusing Bernie O'Hare's Allentown lawyer of a "clear violation of moral turpitude" and raised the possibility of filing "a private criminal harassment complaint" against him. Apparently the lawyer's offense was that he contacted Mezzacappa in writing with legal demands, an act she considers to be "highly reckless" and a "type of torment" and a "bully tactic."

Mezzacappa should buckle her seat belt. She is in for a rough ride through the American system of justice.

Anonymous said...

How does one access her web site ?

Bernie O'Hare said...

I won't give a direct link. If you google my name and some of these ridiculous allegations, you'l find her blog. Or if you google "west easton foot print," you'll find her hate.

Anonymous said...

Update from Tricia Mezzacappa's blog:

Mezzacappa reported today that Bernie O'Hare's lawyer notified her in writing (via letter and email) that a defamation lawsuit was coming and he recommended she notify her homeowners insurance carrier for possible coverage. "It's just silly to risk losing your home when you MIGHT have insurance coverage for this claim," said attorney Richard Orloski, of Allentown, in an email.

"MY INSURANCE COMPANY WILL NEVER BE NOTIFIED OF THIS ABUSE OF THE COURT SYSTEM," responded Mezzacappa in an email.

In her email, Mezzacappa called Orloski a "bully woman basher and hater." She said attorney Larry Otter will not represent her. "You won't deal with a lawyer," she said to Orloski, "you'll deal with me. Its going to be a whole lot more fun now."

Then she threatened to sue Orloski and O'Hare, stating "expect to be joining my next lawsuit against the both of you. This is going to get very very ugly pal."

Welcome to the world according to Tricia Mezzacappa, Mr. Orloski.

Anonymous said...

well bernie, juist resd her blog, it looks like no one what to take her case, what a surprise, NOT!! just be careful and don't let your gaurd down. good luck!!!!

Anonymous said...

just read her blog looks like no one wants to take her case, not surprised. good luck and don' let your guard down. first she was a blogger and now she is a lawyer!!!

Doc Rock said...

"In her email, Mezzacappa called Orloski a "bully woman basher and hater."

I know Rick Orloski personally. He is a man, God bless him, who takes the cases of women who have been wronged that other law firms wouldn't take. Because "there isn't enough money in it for us."

Rick Orloski is one of the good guys.

Anonymous said...

This news is an outrage to all women everywhere ... even worse than the declared and despicable Republican War on Women.

HILLARY ROSEN

Anonymous said...

Rick Orloski is one of the good guys.

Agreed. Say what you will about the man or his politics, but he's in it to do justice and doesn't have a prejudice.

Dave said...

FYI..Atty. Orloski is advising a local Bangor woman who was fired by the Weis Market manager in Wash. Twsp. because she didn't feel well and had to sit down. She has a difficult medical situation and they knew that and still..a new manager canned her after many years of diligent work for the company. He has already helped her recover her UC that was being witheld illegally by the company. Bernie helped make this connection. More to come..

Anonymous said...

What?

No headline at What-Am-I-Gettings-From-Big-Government?'s blog announcing that the judge has tossed this thing out?

But the blog which originally called itself Lehigh Valley "Independent" cackled with glee to broadcast the news when this garbage was first brought forth.

That really is piss-poor journalism from a follow-up standpoint ... but I guess, since I don't have an actual degree in that field, I should probably wait for some expert Government Bureaucat to tell me what to think about that.

I love to ask ole' Jonny Boy what's up, myself, but, of course, I got banned from commenting there shortly after the infamous Anthony Weiner Debacle.

I suspect George Soros doesn't like his boy fighting battles he can't win so my feelings remain unhurt.

FELD MARSCHALL GEBHARD VON BLUECHER

Anonymous said...

Bernie,

Congrats! All the haters have been silent this weekend, even at the Express. Some blogs didn't post anything in this regard and some blogs (the Foot Print of West Easton) have shut down. Can't access her blog anymore. Not even from her blogger page. Congrats!!!

Anonymous said...

Good job Bernie. Why is it the law and most everyone else can see through someone this harmful but the person never sees it? Should she be committed to therapy at the very least. She won't go away and she won't stop this nonsense. She will leave a path of destruction as long as anyone gives her the slightest way in and how can it be avoided? . She overreached this time as they eventually do and she got her hands slapped. It will mean nothing to her though. Everyone needs to stay away from her personally and in business. The law prevailed as it should. I sense sexual confusion here and this is where the problem could be. More layers to this onion......

monkey momma said...

Bernie - I am glad to read this news! It is weird that the suit was tossed before you were even served, but I guess that's how things roll sometimes. This whole mess with Mezzaloony sounds awfully familiar, though. What is it about the blogosphere that brings out the crazies?? (Myself included, of course.) Stay safe, and stay away from gals with pigs. Good luck!

Bernie O'Hare said...

8:35, I was just on the site. It's still out there. In fact, I was on both of them pretty much all night, making copies for Exhibits. Sometimes Blogger does goofy things. It has to me.

Back in 2009, for example, there was one night in which any person could have come onto my site or anybody else's site and just start deleting comments. I contacted Blogger about it.

Naturally, I was accused of deleting comments on other blogs as a result of my inquiry, and now Mezzacappa is taking my 2009 inquiry about comments as "proof" that I somehow hacked into her blogspot and deleted her entry attacking Rick Orloski.

Always the lady, Mezzacappa is now attacking Orloski and me in vlgar ways. "My message to these 2 miscreants is that you are not getting off this easy, and with all due respect, both of you, .......please grow a dick. "

How ladylike!

Anonymous said...

BO - Some folks wear a coat of arrogance to protect themselves from their world, but arrogance is a fabric that does not breathe.

Hopefully, all the haters will be soon exposed.

Stay Positive! There are many more that have been bitten - we are your side!!

Bernie O'Hare said...

Monkey Momma,

I can't be sure about this bc the case is not up on the county's computer system. But I know it was filed Wednesday afternoon. Ironically, Otter and Mezzacappa walked past me after fling the suit, and proceeded to go up to my truck and start snapping pictures.

According to some people in the Courthouse, Otter went before a judge on Wednesday and got nowhere. But according to Mezzacappa, they were before a judge again on Thursday morning!

According to her blog, "After leaving the court Thursday morning, I asked Larry to return to the courthouse and pull the petition, or I would do it myself. But thats not what Larry did. He called me from the courthouse with some great news. The judge was going to schedule a hearing in 2 weeks."

Although I am by no means sure, it certainly seems as though they went before a judge to seek relief against me, making no effort at all to serve me in any way, despite having walked right by me on the afternoon before their court appearance.

If this is true, then Otter's behavior is inexcusably unprofessional.

Let me add that judges are loathe to award relief when BOTH parties are not present. Fairness and all that. I suspect Otter's over-reaching might have something to do with what happened.

Bernie O'Hare said...

"Stay Positive! There are many more that have been bitten - we are your side!!"

Merci!

Bernie O'Hare said...

"Why is it the law and most everyone else can see through someone this harmful but the person never sees it? Should she be committed to therapy at the very least."

Aside from the actual RTKL requests, I have spoken to no Easton police officers about this incident. I have spoken to nobody in the City government about this matter, except for the evening that Panto was at NCC and was talking about how long (an estimated 7-10 hours of his time) it would take to respond to Mezzacappa's RTK request.

Bernie O'Hare said...

"But the blog which originally called itself Lehigh Valley "Independent" cackled with glee to broadcast the news when this garbage was first brought forth."

I was unaware Geeting had chimed in on this topic. It's about what I'd expect from someone who dances on the grave of someone whose political views differ from his.

Anonymous said...

I know that Tricia Mezzacappa monitors Bernie O'Hare's blog so here's a message for her:

My understanding is that the O'Hare/Orloski case revolves around your defamatory blog posts. Why would they want to take your blog down as you alleged? The more you write the more evidence they are able to gather against you. In addition, you stupidly accused a respected attorney of "moral turpitude" because he sent you written suggestions to contact your insurance agent regarding liability coverage. You really should think things through. You're the one who ought to be "spooked" but apparently you're too delusional to realize it. By the way, in case you're not aware of it, District Attorney John Morganelli is also 5'4" "tall" (wink wink).

Anonymous said...

TO: OUR LOCAL BENCH, BAR & LAW ENFORCEMENT
RE: BEWARE OF TRICIA MEZZACAPPA

Tricia Mezzacappa is acting as her own attorney. And since she is not a real lawyer she is not bound by the Rules of Professional Conduct, or rules of common courtesy for that matter. So her predictable reaction to legitimate communication from an actual lawyer is to threaten him. This is what she is doing with attorney Richard Orloski, calling him names, accusing him of hacking her blog and threatening him with a civil suit and a private criminal complaint for harassment.

In a blog post today under the headline "Look What I Found," she publishes a copy of the Complaint Form she downloaded from the website of the Disciplinary Board of the PA Supreme Court. I interpret that to mean she thinks she can scare off Orloski by threatening to lodge a complaint against him.

The public officials in West Easton, where Mezzacappa resides, have been the target of her profanity, false accusations, name calling and legal threats for several years. Now she finds herself with a wider audience of targets.

Take note judges, attorneys and law enforcement authorities in Northampton County and beyond. Tricia Mezzacappa is armed (with a computer) is dangerous and seems to have lots of free time.

Anonymous said...

ohhh god

Anonymous said...

"So Jealous" --- that is the piece that appeared the other day over at Captain Carpetbagger's.

The piece links to Lehigh Valley Live's article appearing on Thursday.

By the way, did Lehigh Valley Live ever run a story informing me that the judge tossed the crapola out?

Some might say that would be irrelevant now that a certain message has already gotten out.

I still maintain the NIZ Cheerleaders and/or their Paymasters have a hand in all of this.

This very public display was an exercise specifically designed to attack you personally, to discredit your reporting on the slime and sludge that is the NIZ.

Mezzacappa was much like Hillary Rosen --- expendable, but up to the task at hand.

Bernie O'Hare said...

The ET did publish a story stating that the case was tossed, and gave it the same prominence as the original report. In fact, I only learned of the dismissal from ET reporter Tom Shortell. I have never been served, even though they were apparently in Court twice last week.

WFMZ-69 will also do a story about the dismissal.

I understand what you are saying - the original story has damaged my reputation. No matter how frivolous the accusations, and they are, it will plant seeds of doubt in the minds of some people.

On Friday, I was called by a department head who told me she had spoken to her staff and told them not to worry about me bc I am a gentleman. The fact that she had to do that tells me that some were worried.

Today, I ran along Nor-Bath Trail, which is also pretty far from my house. I go to different trails for the variety and to stay off roads. Several women passed me going the other way, giving me nice smiles and waving. had they known I was just accused of sexual assault and pig poisoning, they might go in another direction. So I know my reputation, such as it is, has suffered.

That's why the lawsuit is necessary.

Anonymous said...

Bernie,

That is amazing. You know, Otter should be held to a higher standard. He should be held accountable. He should have known better and stopped this. But instead he proceeded in bad faith. His actions are truly criminal and should be reflected as such. I hope justice is served. He performed a major disservice to all. His intentions were off from the beginning. He had no intention of helping anyone and he didn't help anyone. Mens rea and actus rea.

Bernie O'Hare said...

Yes, his conduct has been unprofessional. I could see him filing something, following the proper steps, if there was some evidence to substantiate these wild allegations. But other than the fact that I was in the Borough on Monday night, there's no evidence that ties me to anything. He has to know that much. So his filing was presented in bad faith and constitutes a malicious prosecution.

Anonymous said...

Your lawsuit will probably be tossed as well. You have a reputation to destroy?
People have already contacted the Bethlehem Press with their opinions about your suitability to be an objective reporter.

People will form their own opinions based on behavior past and present.

Bernie O'Hare said...

Nasty people.

Anonymous said...

What a shame! This woman seem to need some heavy meds to calm her so she can stop bothering ALL the people in West Easton!
Tricia, get a life & grow up and stop being so hateful to others! It really gets you nowhere!

Anonymous said...

Bernie,

You need to stay away from animals. At least PIGS and OTTERS.

Uncle Ron & Cousin Rich

Anonymous said...

Thank you FarmerAngle.