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Nazareth, Pa., United States

Wednesday, September 23, 2015

Fraud Charges Against Mezzacappa Dismissed on Technicality

On the eve of her trial, Northampton County Judge Craig Dally has dismissed fraud charges against West Easton Borough Council candidate Tricia Mezzacappa. She had been facing charges of defrauding a secured creditor because she refused to turn her car over after a levy, hid it, and vowed she would go to jail before surrendering it. But according to the Court, the levy was defective because the underlying writ had expired.

The writ of execution in this case was first issued on July 30, 2014, after which it was served on five banks. Mezzacappa herself ducked service, refused to answer the door for Sheriffs and even refused to schedule an appointment for a levy when a Deputy Sheriff approached her at the courthouse. She also began hiding her car, but it was spotted by Deputies, and a levy occurred in December. I purchased the property in January, and she was charged when she persisted in her refusal to surrender the vehicle. Sheriffs ultimately caught her in possession of the car, and it was turned over to me.

In the civil case against Mezzacappa, she never filed any objections to the levy on the basis that the underlying writ of execution had expired, so she has waved that argument. But in the criminal case, defense attorney Jim Connell argued for dismissal.

Ordinarily, a writ of execution expires unless it is served within 90 days. But Eric Rothrock, a Real Estate Deputy for the Sheriff's Department, testified that the practice in that office is that once it is served upon a Defendant or a bank, as happened here, the writ continues in effect until the judgment is satisfied. Though the Court agreed that the writ continues in effect as to those banks, it needed to be reissued for Mezzacappa.

The Court agreed that there was ample evidence that Mezzacappa intentionally concealed the property, but the writ was no longer valid.

I appreciate the efforts of the Deputy Sheriffs and District Attorney's Office in ensuring that the court's orders are followed. But I also respect Judge Dally's ruling. This ends the criminal case against her, but has no effect on what has happened civilly because she waived any right to complain about the writ.

20 comments:

Anonymous said...

So this means she won't be joining her man slab Jim Gregory in prison. Just when you thunk you saw everything. Who'd da thunk it.

Anonymous said...

Strike one up for the Mezz. How much did she pay a lawyer and was it worth it? I guess if it kept her out of jail.

Anonymous said...

So now you can go back to practicing your part of Ned Beatty in the Deliverance movie squealing like a pig bent over on the tree trunk.

Bernie O'Hare said...

We paid for her lawyer, she used a public defender.

Bernie O'Hare said...

4:41, A common like that does not hurt me but it does make you and Meza A look pretty bad

Anonymous said...

Kim Davis = Mezzacappa

MOLON LABE!!

Congrats Trish

Bernie O'Hare said...

That means come and get it, and I did. I took her car. Next, we will take everything in her house. Then we will take the house itself.

Mog Blentor said...

Congratulations for staying out of jail? That's worse than congratulating someone for not getting a yeast infection. Aim high, Trish!

MOLDY LABIA!!

Pipeline Guy said...

Regarding Jim Gregory, I propose that each regular reader/poster on Bernie's blog chip in to buy his foreclosed house from the bank and open it up as a clubhouse of sorts. Maybe we can even have a few poker games. Or some kind of Lehigh Valley Roulette table. Place bets on when Hudak will go ballistic. Who will resign first, Kane or Pawlowski (hint, both won't) If the action gets hot, maybe we can throw the title to the RAV4 on the table...

Seriously Bernie, I've enjoyed watching you fight this out and wish only the best, the woman is clearly nuts, and you deserve every last dime you can get out of that horse.

Bernie O'Hare said...

She has won the criminal case thanks to excellent advocacy by Jim Connell. He's a very good lawyer.

Anonymous said...

SHE WAS GOING TO JAIL.......SHE WUL BE A CRIMMINAL...
HAHAHAHAHA.....

You and your band of misfits blew another one. So much for your legal genius. You have your choir of fellow losers to make you feel good abut your embarrassing misjudgment.

Bernie O'Hare said...

I did not prosecute you. The Commonwealth did. And there is no doubt in my mind tgat had you gone to trial, you very likely would have joined Gregory in jail. As it is, the Commonwealth could decide to appeal. If I were you, I'd be vewy, vewy quiet.

Karma's Keeper said...

Wow most TM "articles" have 50+ comments, looks like the poison posse has gone silent after realizing the tide has begun to turn against this volcano of hatred.

Not a lot going on in O'Hates case against the platinum stunner, he's got more hot air than Venus don't believe the hype the castle at 817 Ridge is secure.

Bernie O'Hare said...

The tide against you has by no means turned . You are by no means out of the woods Criminally. The DA could easily decide to charge you with obstruction or with false statements. The judgement against you is unassailable, and all we need do is re-file the writ of execution. In the meantime, an application for a break and enter order is pending, and Shen we get it, the Sheriffs know now to seize everything bc you have demonstrated your untrustworthiness.

Anonymous said...

get all of it, good luck. She is evil!!!!!

Bernie O'Hare said...

That's exactly what I am doing. She is in no position to argue anything. The best she can do is minimize her mother's exposure by settling now.

Molovinsky's Goon Squadron. said...

HA HA HA YOU LOST.

Anonymous said...

congrats Trish...this one is for you and your lawyer

great work

https://www.youtube.com/watch?v=zdJ8x6lyrfo

Anonymous said...

Trish, you are one outstanding criminal, and the lawyer just hit the best win ever known

Like I said earlier, collect yourself, play the game, and in the end, the truth will prevail

Although you are a nutcase, your stock just went way up

Darin

Bernie O'Hare said...

The truth has prevailed. She is at the wrong end of a $67,400 judgment worth $72,200 before her car was turned over to me. She is going to lose the house and her mother is exposed. She has dodged a jail sentence for now, but given her personality and the increasingly bizarre rants, that's only a matter of time.