Tuesday, April 08, 2014
Judge McFadden: Mezzacappa Must Pay For Her Own Lawsuits
Fortunately, a Judge has said No.
This is due in very large part to a blog that Matt Dees wrote at WestEastonPa. It infuriated Mezzacappa so much she called state police. It made her so angry she called Dees to threaten him with libel. It provoked her so much she showed it to Judge F.P. Kimberly McFadden, and demanded that her claims of poverty be sealed from prying eyes.
Fortunately, the Judge said No.
What Mezzacappa filed is what is known as an “in forma pauperis” petition (IFP). Those are pretty perfunctory, and are granted liberally, and for good reason. Access to the courts is very important, especially for those with little means. In fact, Judge McFadden initially granted Mezzacappa's IFPs. Then she read the Dees blog that Mezzacappa insisted she see, and did a 180. Judge McFadden vacated her Orders, and scheduled a hearing. She even vacated the Order on a third IFP that Mezzacappa had obtained for a Superior Court appeal of her harassment conviction.
Maybe Mezzacappa should have thought twice before presenting a blog that pretty much does her in.
I learned of the Thursday hearing on Tuesday afternoon, at the same time I was told I had been sued again. It was too late to notify Attorney Rick Orloski, so I went to the hearing alone.
Allowing her to proceed IFP would open the floodgates to all kinds of baseless complaints against half the County. Even more troubling, she was pulling a fast one. She's no pauper.
1. Mezzacappa’s Home and Car are Owned Free and Clear of Liens
Mezzacappa owns her West Easton home, valued by Zillow at $73,829, free and clear of all liens. Real estate records in the Recorder’s office reveal that she acquired title to this property on 3/5/99, for $57,000 consideration. She took out a $51,300 mortgage the same date. She paid off that mortgage on 2/13/14, and owns the property free and clear.
Did she do that by offering free massages? Obviously, she had income she was not disclosing to this Court because she wanted to burden taxpayers with the cost of frivolous litigation instead of paying her own way.
At the hearing, Mezzacappa denied she still owned the property, noting she had conveyed it to her mother earlier in the day for no consideration. That's obviously a fraudulent conveyance, and she damaged herself with that obvious attempt to hide an asset.
She also owns a 2008 Toyota RAV, free and clear. That has to be worth at least $15,000, but she can't pay $250 to file a lawsuit and have it served?
How many of us can say that both our home and car are paid off?
II. IFP Petitions Inconsistent with Filed Statement of Financial Interests
In her petition, Mezzaccappa claims her sole source of income is the $200-500 she gets monthly from some outfit in Maine for "insurance defense."
She does not list her massage business, which she advertises online at Mezzacappa.Massage. She performs in-call and out-call massage at $60 per hour. Mezzacappa listed this business last year in the Statement of Financial Interests she filed when she ran for County Council.
She told Judge McFadden that she no longer does massage. But I produced an email Mezzacappa sent to Attorney Orloski, dated late last year, indicating she does massage therapy. She was offering gift certificates to another attorney.
Mezzacappa also failed to list her private duty services as a registered nurse, which she refers to on her web page. "She provides in home nursing services, respite care, temporary and long term cases at reasonable rates, with no minumum [sic] hourly requirement." In her Statement of Financial Interests, she identifies "RN" as a source of income. Mezzacappa is licensed by the Department of State as a Registered Nurse.
She told Judge McFadden she's simply unable to get work. The Judge asked her whether she had applied to different places, and Gracedale is one of the places she mentioned. She told the judge that she never heard from the nursing home.
In fact, and I pointed this out to the Court, Mezzacappa did work at Gracedale, and walked off the job after 1 1/2 days.
In addition, there's the income she gets from the "Estate of Joseph Mezzacappa". She listed that source of income last year in her Statement of Financial Interests. Joseph Mezzacappa is her deceased father, who passed away over a decade ago. She appears to be a trust beneficiary.
Mezzacappa denied that, claimed to have the Will, and insisted she is not even named.
III. IFP Petition Failed to List Previous Jobs
In her IFP, Mezzacappa is required to list previous employers over the past 12 months. She acknowledges that she was receiving unemployment, but lists no employer. She was employed at Kirkland Village last July, but neither made that information known nor listed her income from that facility as required in the IFP. In a blog she wrote on or about July 23, 2013 (which she has since deleted), she states this: "When a responsible and caring RN tries to help the non-medicare paying patient, she is bullied, reprimanded and fired. Get your family member OUT of Kirkland Village. THEY SUCK."
Quite obviously, Mezzacappa is shielding income. She attempted to have her IFP placed under seal. The reason is obvious. It's a bogus attempt by someone to force taxpayers subsidize a private vendetta.
As Judge McFadden began to question, it began to appear that she had at least three to four sources of income that she included in her tax return last year. McFadden asked her if she was amending her petition to reflect this additional income, and Mezzacappa agreed. Whether she knows it or not, that probably purged Meezzacappa of a false statement prosecution.
IV. The Waterworks Defense
After being caught with several dishonest statements by Judge McFadden, Mezzacappa resorted to the waterworks defense. She broke down and started sobbing in court.
"Oh my," said the Judge in sympathy, making sure she had a tissue box.
Then Mezzacappa just as suddenly stopped crying and began blaming everything on me, calling me a maladaptive.
That's an adjective, not a noun, Tricia. Something needs to follow the word maladaptive. That's kinda' like me calling you a very.
Mezzacappa bolted the courtroom, and not long thereafter, Judge McFadden denied the request to have taxpayers fund her lawsuits. So her suits should come a little less frequently now. This is a big conservative Republican who is more than willing to let you pick up the tab for her frivolous suits.
Post-Trial Motions Filed
Despite this setback, Mezzacappa filed post-trial motions in my libel suit against her yesterday, claiming she never got notice of the trial, that I have no damages, and wants Attorney Orloski sanctioned because he "took advantage of Mezzacappa's lack of knowledge in tort law," among other things.
She didn't get notice of the trial because everyone who walked on her porch, slipped on their ass. About 100 people slipped on their ass.
She also claims Orloski and I are both in violation of the Fair Debt Collection Practices Act. Apparently, the mere mention of her name is a violation of the Act, in her twisted view. She's already notified Orloski to "cease and desist" any contact, which is probably a relief to him.
Just to be clear, this blog is no attempt to collect a debt. I'll do that through the courts. This blog is intended to inform the public about a person who, despite criminal convictions and libel verdict, still has political ambition. She's currently running to be a GOP Committee member.