Judge Michael Koury, in an exhaustive 52-page opinion, yesterday denied Tricia Mezzacappa's post trial motions in my defamation suit against her. The Court rejected her claim that she received no notice of the trial, noting that the certified mail notice and tracking information indicating that delivery was, in fact, attempted.
Mezzacappa had claimed that she had no mail for a week last winter, as a result of snow and ice. Everyone kept slipping and falling on their ass, says she. If that is so, says Judge Koury, she had an obligation to notify the Court as well as opposing Counsel in the numerous lawsuits that seem to have consumed her.
The Court also gives an interesting explanations of damages available in a defamation case.
First, there's presumed compensatory damages, which require no proof. This includes damage to reputation, humiliation, and mental anguish. Second, there's special compensatory damages, which do require proof. These are actual, out-of-pocket losses. Finally, there's punitive damages for a Defendant who acts with common law and actual malice. Those are imposed to deter a Defendant and others from defamatory behavior.
The Court's opinion is actually a reflection of its respect for Mezzacappa. She is a difficult person, even in a courtroom. She's pro se, and the Court could have dispatched her with a one-page order. But it showed her the same respect it would give to a high-priced lawyer. That is something that has always distinguished the Northampton County bench.
Mezzacappa can appeal this judgment, but she can't stop execution unless she posts a bond for 120% of the judgment.
I intend to commence execution immediately.
I'll let you in on a little secret, now that the case is over. During the trial, when I was talking about the embarrassment I felt at my grandson's basketball games, Judge Koury interrupted me to ask about my grandson. He had apparently seen him in action at one of the CYO games. I never knew he was even there.
"He's a very good basketball player," the Judge (and son of a great Notre Dame basketball coach) opined.
After that single remark, Judge Koury can do no wrong in my book. I called Dat's mother, and told her we now have a judicial opinion that Dat is good at basketball. She actually started crying. After that, Judge Koury could have ruled against me, and I would have still smiled. He found my weak spot.
But I'm glad he found in my favor.
44 comments:
On Mezzacappa's bog, she bragged last week about winning six RTK request cases, pro se. She further bragged about costing West Easton an estimated $100,000 in the process.
She detailed carefully the complex issues that were before the court, and how she crafted effective arguments. She bragged how West Easton had an opportunity to craft a defense but didn't. She bragged how Judge Koury ruled in her favor.
What a difference a week makes. Koury sliced, diced, and filleted each of her lame arguments strung together in an attempt to undo the damages Koury awarded O'Hare in his libel case. She argued that Certified Mail for notices failed to meet the requirement of First Class Mail delivery. Koury cited that the Pennsylvania Supreme Court has held that is does. She should have researched that. Snap, Crackle, Dump. Koury found she hid in her house, refusing to accept mail from the mailman, and not contacting the court to check on the status of the libel case against her. In short, she had a chance to defend herself, but did not. Hypocrite. The damages phase was approaching, yet she acted like she didn't even need to show.
Koury found no evidence whatsoever that Bernie or his counsel "took advantage" of a pro se litigant - in fact, a pro se litigant has the same onus as any other to know and follow procedures. And how complicated is it to pick up your darned mail or call the court to find out what is going on? In a post-trial hearing she brought a cardboard box stuffed with purported "evidence" to show the judge how the damages against her were unjust. Koury had no interest in what was in the box. Mezzacappa pro se was trying to put the cart before the horse. And that garbage was probably just as irrelevant as the 1986 opinion in Bernie's legal matter that she stapled to her brief as an "exhibit". Koury summarily ignored this attempt to discredit a legal argument using nonsense.
This woman has brought false accusations against Bernie and attempted to ruin his reputation through libel. God will deliver his own punishment at the appropriate time. For now, she needs to start packing her belongings, unless she intends to turn over her house furnished. Mezzacappa pro se is a hazard to herself and others. Mezzacappa gets KO'd by O'Hare and Orloski, and Koury dismantled every single argument she made. Oddly, pro se extraordinaire Mezzacappa has no clue how to spell "judgment", as Koury pointed out multiple times in his opinion.
Snap, crackle, dump.
"But it showed her the same respect it would give to a high-priced lawyer."
She needed a high priced lawyer, and should have never attempted to defend this lawsuit herself. Then again, she should have never libeled you in the first place. She stepped fully over the line, something she relishes reminding people you did years ago. Yet hypocrite that she is, she can't see the correlation.
Koury justified everything he considered using references to case law and rules. Even that guidelines allow the damages to be trebled to obtain the total amount - and that this is to discourage recidivism. But the guilty party in this case doesn't appear to have learned her lesson.
Excellent, now Officer Troxell can begin his lawsuit and wait until you have her house and take it from you.
I am glad that a dedicated law enforcement official will keep another property from falling into the hands of those who would make it a den of thieves.
@12:37 More irrelevant nonsense. You sound like Mezzacappa. Have some more drinks, the night is young.
The point is Mezzacappa has added libel to her resume, along with harassment. Nice personality combination. She has the audacity to refer to others as "miscreants", oblivious that she is one herself. She is a liability to society and needs to be stopped. The sheriff has recognized this and refused to issue her a concealed carry permit.
anon 12:52,
Mat, mat matt. You and the Mezzalooney are birds of a feather and you don't even know it. You guys seem to have spawned from the same pond.
$68,265.74+
Bernie, will you move to West Easton or just cash out? I imagine the pig sty aroma is pungent.
As a Ridge Street resident, although I reside on the Wilson/West Easton line, may I be the first to extend a Welcome Neighbor! in your attempt to cleanse that disgusting hovel.
PERFECT!
Good news, Bernie. This woman unleashed a torrent of libelous claims, because you investigated the reputation of some candidates during a West Easton election. She has been stalking you ever since - her website proves this. She even has a guide to stalking posted there, and appears unfettered in her obsession with you. She's now received the penalty she deserved for the defamatory things she wrote about you. She had no clue how to be a politician - you don't cut your chops by making up stories about fantasized illegal activities of your adversaries or members of the press.
When people can get away with the crap she pulled on you, we cease to be a society.
Good job, Bernie!
The only shame is that this hasn't taught her a damned thing. And she had numerous chances from past spankings to understand right from wrong.
I suspect that she will eventually end up in the same situation as her flame, Gregory.
Matthew A. Dees
"Bernie, will you move to West Easton or just cash out? "
I like apartment life and Nazareth.
MOLON LABE
Mezzacappa's claim that the Postal Service didn't deliver her mail is laughable. She lives on a snow emergency route so the mail carrier had good access to her house, which is just a few steps from the street. Judge Koury did a great job of exposing her BS.
MOLON LABE"
That's exactly what I intend to do, armed with the law. I'll take that over your pea-shooter and lies.
@10:41
Right you are MezzacRaZy
That will happen.
Just those two words is all you have to say now? Run out of bluster about how O'Hare won't win against your ProSe geniusness?
It's funny Bernie...this is the SAME Judge several years ago who you never supported for Norco bench. Now he awards you a Judgement and compliments your grand kid and h can do no wrong? Guess what? I knew this about Mike Koury for many years and consider him a friend. His Character and professionalism is second to no one!
Yes. I supported him the first two times he ran, but not the third. He knows this, too, because I was pretty vocal about it. Yet he ruled in my favor instead of acting vindictively. But when he said something nice about my grandson, that's when I became a Koury fan and realized I had him pegged wrong.
I opposed Judge Baratta's retention, too. Then I had the Gracedale case and he ruled against me. But I was so impressed by the way he conducted himself that I realized I had him pegged wrong, too.
I screw up a lot. No wonder people yell at me.
It's honorable to admit when you are wrong for the right reasons.
The term "execute" has a sweet irony in this situation.
"Judge Koury did a great job of exposing her BS."
Koury took a Ginsu knife to her web of lies. Bernie calls it respect, and it may be - but Koury probably mostly knew whatever he did she will appeal it. So he went around the coffin three times, putting extra nails in to secure the lid.
You and Sick'O Rick'O better stop spiking the football, this is a marathon not a sprint when it's all over you will owe him some "favors" and doubt they will be monetary.
So he went around the coffin three times, putting extra nails in to secure the lid.
Great analogy. LOL
Let's hope Count Mezzaloony stays buried.
"...this is a marathon not a sprint when it's all over..."
MezzacRaZy, grab a fork and stick yourself. You're done.
@1:10 It's a marathon, but you did no training and you have no coach. You're hoping to haul an otter in to assist you.
You're running around with cardboard boxes with bog posts, and others have official USPS mail receipts and the law. You've got a flint, and others have oxyacetylene torches.
Perhaps firing your gun in the opposite direction will propel you over the finish line. Heck, that is as good as anything else you've tried.
does are resident MD have anything better to do than post on this blog about Mezzalooney. Christ he is even more obsessed with her than O'Hare.
The only thing O'Hare is obsessed with is blogging about valley events and making a crazy woman pay for having been found by a judge to have libeled him, which is totally understandable. If you don't like reporting on that, so be it. Those of us who see this woman as a menace to her own town government and those who report on local happenings (both bloggers an newspaper reporters) are very interested. Not to mention this menace is attempting to get permission to walk around with a concealed weapon. Dees has a banner warning citizens about this - that is a public service.
Dees and O'Hare are hard working bloggers who are keeping the Lehigh Valley informed. These are very useful functions.
A mind is a terrible thing to waste - it's "our" resident. Stay in skool.
OUR friendly local neighborhood dee-light is going wild.
Love it!
Dees makes an excellent point on his blog. Mezzacappa is no longer the owner of her house - she is now a tenant. So when she goes before Council and complains about her taxes, they can tell her to shut her yap and sit the hell down. She's no longer paying towards any part of the $100,000 in legal fees she brags about having caused West Easton to incur to defend her RTK requests.
Will you be covering the Gregory hearing on the 11th?
It is likely I'll be there, if there is a hearing.
Will there be photos along with the riveting details?
There are very strict rules concerning the use of cameras in or near a courtroom. I once took a picture of a victorious defense team, after a case was over, and with the permission of a deputy. I can photograph some things, but not judicial proceedings or the perp walk. If I tried, I'd be joining Gregory. Photographs of perp walks are discouraged in this county.
Mezzz thinks your impersonating her on lvl , a "triciam" had an account for a few hours before getting banned, she also repeated the kicking and poisoning line
People like her and her Blog Mentor, who post under so many identities it's hard to keep track of them, like to accuse others of doing what they do. I only post as me. It's much less confusing to just be honest. I saw her comment and attempted to respond, but was unable to get on today. She and a few others seem more interested in launching personal attacks at me than in the story.
I may be wrong but it looks like LVL is removing some of Mezzalunatics accounts. Are they finally doing some cross-checking?
Gone is Blueberries and PorcinePrincess if "author not found" is any indication.
She going to have a hard time talking to and giving herself "likes" if they ban all her accounts.
It would be nice if they were to prevent her from assuming so many identities. It really is dishonest. In the past, I have flagged her comments and have sent emails asking them to remove her. They usually delete the comment, but not the account. On the day after a 52-page opinion in which the court entered judgment against her for defamation, she insisted on repeating many of the same claims that resulted in the ruling against her. That demonstrates her disdain for everyone but herself, even the court. Of course, that is what can be expected from someone guilty of defamation. In addition to her, I see comments posted by "casual Observer" have also been deleted. That is the Blog Mentor. I note that one of her identities, "matteodefault", is still active.
Is the "blog mentor" the guy in state prison, or someone else? I see these references, and I laugh because I assume it refers somehow to Mezz' bog, which is a total joke. But now I'm curious.
The "Blog Mentor" is someone else. who is actually more wacky than Mezzacappa.
Holy Shit, Bernie, have you seen what MezzaWhackedOut posted in her bog?
It is a rambling denial that she libeled you, claims you are upset that Koury wrote a bullet-proof lengthy opinion (why would you be and there is no evidence you are), makes a big deal out of the fact that your grandson may not be a blood relative, re-iterates her libelous claims against you, etc etc. She claims you are "unhinged" and angry. You don't appear that way at all - in your DIY interview just aired you are totally sane and calm.
It's hilarious that she continues to claim she is innocent, and someone else who has not been found guilty, is. Is there a new community here named "Denial"?
Then she turns her attention to another allegedly "unhinged" person, Matt Dees. Read Matt's blog, talk to him via email - he isn't unhinged.
Making up crap like someone pissed your dead pig, attacked you, is pedophile, runs an adult bookstore etc is what results in having large judgments levied against you. She's completely missed the point, and that is why Koury trebled the damages. Let's see if she is laughing when the marathon is over and she's hitching a ride out of West Easton with a backpack and a gun on her hip.
She even brought up her fraudulent PFA complaint. The laundry list of lies she insists are truths. Isn't the tape loop worn out by now? One can only imagine this is the garbage she had in her evidence box that the judge didn't need or want to see because it was totally irrelevant. She's still claiming her mail is sporadic - who cares if it is or isn't? She must have missed the part in the legal opinion where case law says she has to prove she didn't receive mail, and she has no proof. Stick a serving fork in it - it's way overdone. In a legal fight, you actually have to prove your case. If you can't, sucking on sour grapes isn't going to result in anything except a sour puss.
I missed this part, which refers to the lengthy 1986 opinion she attached as an exhibit, from Bernie's license matter:
"despite my argument which was supported by his disgraceful and embarassing law license suspension for forgery, deceit, misrepresentation, conduct that is prejudicial to the administration of law, etc"
The argument that Koury directed her to make was two issues: 1) notice and 2) failure to obtain a transcript.
Note that past offenses of her opposing litigant have absolutely no bearing whatsoever on what she was asked to brief by the judge.
Judge Koury correctly completely ignored this "argument(?)" in his 52 page opinion. 'The Plaintiff has committed bad acts in the past, and this interfered with my ability to receive proper notice and or ability to obtain a transcript.'
No wonder you lost, Mezzacappa. That is non-responsive and nonsense. Yet you're holding it out still. Why? Are you remotely familiar with the concept of relevance? The fact is you had no defense to your own, relevant, bad acts.
On Mezzacappa's bog, she claims Bernie is 40 cards short of a full deck, and Matt Dees is 50 cards short.
Anyone reading this nonsense must first consider the source. Mezzacappa is 52 cards short of a deck - she is the empty box that someone discarded, complete with two jokers. Why would or should anyone believe anything she has to say?
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