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Monday, June 22, 2015

Judge Dally: Fraud Charges Against W Easton Boro Council Candidate Will Stand

Tricia Mezzacappa is currently a Republican nominee for a seat on West Easton Borough Council. She's been facing criminal charges of defrauding a secured creditor since February. She hid her 2008 RAV4 after it was levied on by the Sheriff in partial satisfaction of judgment I have against her. She then refused to produce it at a Sheriff's Sale, where I bought the car for $1. She still refuses to turn it over, though she was spotted driving it right before the election. Magisterial District Judge Richard Yetter ruled there is sufficient evidence to send the matter for trial. On Friday, Judge Craig Dally denied her motion to quash the information based on a claim of selective prosecution. Her jury trial is scheduled for August 4.

Mezzacappa's public defender, Jim Connell, had argued that in his 36 years as a lawyer, he had never seen "the Commonwealth attempt to collect a debt for a private citizen by using the [defrauding secured creditors statute]." Nor have I. Nor has anyone. And that's not what is happening here. Mezzacappa has been charged criminally because she defied judicial process. Sure, she defrauded me, but she did so by thumbing her nose at court officers. In fact, the evidence in this case will show that, after levy, she lied Deputy Sheriffs when she promised to meet them at the courthouse to pick up her papers. She instead skidaddled. The real victim here is our judicial system. If people can ignore levies and court orders they dislike, our whole system collapses.

As Judge Dally observed, Connell was really arguing that this is a case of selective prosecution. But that's nonsense, too. The only thing selective about this prosecution is that a criminal was selected for prosecution. Last time I checked, that's the way the system is supposed to work. Assistant DA Travis Weber did locate 12 examples of this prosecution in recent years. On th magisterial level, there are probably more because this problem confronts constables frequently.

Mezzacappa, whether she likes it or not, will face the music. Unless she finds religion soon, I suspect she is going to be sent to jail. She seems to think she can pick and choose which orders to follow and which to ignore. For example, at this moment, she has still failed to pay or even make arrangements to pay the $646.88 she owes the Commonwealth as a result of her conviction for harassment of a West Easton Boro Clerk. I can't imagine a judge rewarding someone who thumbs her nose at them with impunity, something she has been doing for years.

The only real question in my mind is whether she will show up for her trial. She has reportedly told a neighbor that she is converting her home in West Easton into an apartment building, and plans to move in with her mother in New Jersey. Thus, i question whether she'll actually show for her trial.

57 comments:

Car 51 where are you? said...

Sounds like Dally wrote a solid opinion, and this is a solid case.

Listen to the bell TM, it tolls for thee. Hope the ride was worth it. Seems like the state appeal case is due for review in a few days.

Anonymous said...

She looks so... different.

Anonymous said...

If she doesn`t then what?

Bernie O'Hare said...

If she fails to appear, a bench warrant will be issued. I do not know if the DA would extradite her from NJ. Given the short distance, he just might.

Anonymous said...

Connell hit the nail on the head. This is a ridiculous waste of court time and taxpayer money to settle an old lovers spat. Hopefully the judge will get to the bottom of all this "alleged" evidence provided by sheriffs. The same "sheriffs" who leaked confidential information about this person to Mr. O'Hare and others. There is an obvious problem here of trust and veracity.

If the DA spends two cents for an extradition of someone's silly personal civil spat, he should be impeached. This nonsense has wasted too much time and money.

Anonymous said...

Interesting points and perspectives. We should all pray for love and peace.

Anonymous said...

I love pig so give me a piece! There's your love and peace.

Anonymous said...

It's unlikely she'll be extradited. She's going to get away with all of this. But will have to look over her shoulder and avoid NorCo for the rest of her days.

Anonymous said...

I recognize Earl in that picture, but who is the other pig?

Bernie O'Hare said...

"If the DA spends two cents for an extradition of someone's silly personal civil spat, he should be impeached."

So you actually support someone who flees the jurisdiction of the court and is unwilling to make these arguments there. That's because you know it is all horseshit. It is easy to make wild anonymous accusations on a blog, but something else in court. Mezzacappa is a liar who really has no defense. She thinks she can pick and choose which orders she will follow and which she will ignore.

My guess is that she will be rather easy and inexpensive for law enforcement officials to locate and extradite, but I don't know the policy of the DA on these matters. That's his call. I do know that if she flees, there will be a bench warrant and she will never be able to return to Pa.

Anonymous said...

Sad there is so much hate for this young woman.

Anonymous said...

@10:27,
You obviously have a soft spot in your head for people who don't think laws apply to them.

Anonymous said...

When the sheriff levied the car in question did he stand there with his hands in his pockets or follow the law, like put the paper work ON the car or HAND her the papers, looks like NOT. Sounds like he don't know how to do his job, now it's time to cover his a$$. You don't levy a car by telling the owner to meet you somewhere, that like having a tow truck driver who is standing there in front of a car being repo'ed and telling the owner meet me in front of McDonald's in about a hour so I can repo your car.

Bernie O'Hare said...

I'm sure the jury will give her every consideration after hearing how she lied to the sheriff and begged the sheriff to let her meet him at the courthouse . By the way the lovely occurred the moment the sheriff exercised physical dominion over the car .

Anonymous said...

Mezz wins again, god must be on her side.

Anonymous said...

3:07 PM,

??? She wins? Yeah right! What's her prize? Her life is already flushed down the toilet. She is so last week's news, four years ago. Not as worst as last week's news as the Mentor, though

Anonymous said...

There does seem to be some dodgy procedures by the sheriffs involved. Also some insider help from constables that are on this blog?

This entire case needs to be bumped up from Northampton County to another unbiased court.

Anonymous said...

3:56PM Yeah, like this case is so complicated. The only thing that is "dogdy" is she lied and told authorities she would be right over to the sheriff's office. And she's been concealing a car owned by someone else ever since.

She's dodging the law, which is why she is going to trial.

You obviously know nothing about the details of the case, and you are blathering about constables that may be on this blog. Take some more drugs, and you may stop hallucinating around 11pm tonight. Just in time for some bedtime vegan cocoa. Yummy.

Anonymous said...

@3:56 You tried to "bump" your LTCF case to another court, and alleged bias. How did that work out for you? lol People know all your pathetic moves. See if you can get the PD to go this route (-:

Anonymous said...

@12:53 Connell didn't hit the nail on the head. Connell's argument was garbage, and the judge ruled against you.

You are the only person alive who loses court decisions, and claims you won them. Keep trying to spin diarrhea of the mouth into a decision in your favor. It is very amusing.

The problem of TRUST was when the deputy trusted your word to bring the RAV4 to the sheriff's office. The citizens of West Easton deserve someone who respects the law, and stands behind her words. Not some selfish twit. Have a great day!

Anonymous said...

3:07 - You have no idea what "win" means. The judge sent this to trial, and rejected and dismissed the nonsensical argument her lawyer put forth.

Thanks for playing. You probably think Germany won WWII also.

Anonymous said...

Wonder if zoning/code enforcement know about the possible conversion to apartments

Hank_Hill

Anonymous said...

Wow! so much hate and venom for t5his poor young woman. We all know it comes from the same two malcontents from West Easton. No one is fooling anyone. Try government and stop writing your drivel.

Let the courts sort out this clusterpuck. What a mess and waste of county tax dollars. people need to grow up, we the taxpayers are getting tired of it.

Bernie O'Hare said...

Mezzacappa, if you want to stop wasting county tax dollars, you could pay the fine you owe for harassment and plead guilty to the charges filed against you.

Anonymous said...

You bought it for $1? Ummm...the Sheriff's department was supposed to sell it for at least book value and if there were proceeds exceeding the judgement they were to go to the Defendant.

As a Constable I'm aware of doing this so I don't end up getting sued for giving away people's property.

They can be sued. This could also be a possible defense she could use in her criminal trial stating she didn't want her vehicle which she knows is worth more then $1 being sold illegally if she produced it.

Bernie O'Hare said...

That's bullshit, and if you really were a constable who understands how these things work, you would know it is bullshit. I have a judgment against her for $72,000. After obtaining the car, I would enter a deficiency judgment against her based on the fair market value of the car. For example, if it is worth $8,000, my judgment would be reduced accordingly. I would also be able to add all the costs involved, which are becoming substantial, but her judgment would be reduced. Similarly, when her house is sold, there will be a petition for a deficiency judgment. The Sheriff's Department has no obligation to sell it for any more than the highest bid. She could have sent someone to bid for her. She chose to instead hide a levied asset, which is a crime for which she will go to jail in August.

Anonymous said...

@10:32PM Hey Einstein, her lawyer didn't argue one word of what you are spewing. Since when is a Sheriff's sale required to go for book value? Are you better at the law than a lawyer?

You're as smart as the person who claimed Mezzacappa was on the winning side of Dally's opinion.

Anonymous said...

Let the courts sort out this clusterpuck. What a mess and waste of county tax dollars. people need to grow up, we the taxpayers are getting tired of it.

You are right in target, 9:22. We taxpayers are tired of this bitter woman dragging everything through the courts, including endless appeals of hopeless cases she has lost. And she has had the nerve to claim pauper status - when all the time she could have paid off the debt she owed. Now she is wasting a public defender's time, instead of pleading guilty.

Come November West Easton residents who aren't already aware will know about all the judgments against her, including the new ones. She got the Wicked Witch title for a good reason.

Anonymous said...

Blog Mentor is the bum who belongs in jail - when does HE go on trial for that libelous sidebar of his?

Bernie O'Hare said...

Tomorrow.

Anonymous said...

This is a marathon not a sprint. There are many questions about this case. No question this poor young woman needs to know what she is up against.

Anonymous said...

The woman knew exactly what she was up against when she got the notices in the mail. Notice of hearings, notice of judgment against her. Notice of levy.

She's ignored all the notices. It's time for her to get the notice that Northampton County taxpayers are done with her fucking nonsense and shirking and avoiding responsibility. Our tax dollars pay for her incessant abuses of the court system.

No question this woman needs a clearer notice - like some time in jail. She'll know what she is "up against" when they are probing her private areas to see if she is smuggling cocoa into the prison.

Anonymous said...

Anon 12:39 you are filled with vile hate. Your vulgar comments should not even be here. You have victimized this woman over and over again. Ultimately she will prevail over this inbred kangaroo court, when it goes to a higher court. This is shameful.

Anonymous said...

I heard Mentor KO'd Martin in court today, just a massacre. The judge lectured Martin's attorney on free speech.

This is all from Mentor himself, of course. And, of course, he is going after the Morning Call for not reporting on every little grievance he has.

I really hope it's not true, because I would love to see BM get a legal beating (not literal, Mentor, calm your wussy litigious self down) from everyone he has bullied and harassed the last decade. Unfortunately, it looks like he might win this one.

Anonymous said...

If that is true BO won't mention it.

Anonymous said...

@3:46 The BM isn't relevant to this post at all. I mean, who give a crap about that pu$$y?

Anonymous said...

@3:50 Are you functionally illiterate? BO and BM by court order can't mention each other. Fool.

Headed to Harrisburg tomorrow?

Bernie O'Hare said...

3:46, I would not place ANY weight on anything BM says. Free speech and libel are two different things, and even a public official can be defamed. In Montgomery County, a DA successfully brought a libel action after being branded as a racist. Martin has been repeatedly and falsely accused of far worse.i was not there bc I had other things to do but my guess is that the case will continue.

Louie Denaldo said...

You bought it for $1? What did the start the bidding at?

Bernie O'Hare said...

$1 plus costs, just like any Sheriff sale.

Anonymous said...

It doesn't matter what the car sold for. TM owes a fixed amount, plus burgeoning interest. Whatever Bernie "gets" in the value of goods, minus his costs, comes off the judgment. So if he paid $10000 for it and it is worth $20000, $10000 comes off. If he pays $1, $19999 comes off. Maybe costs are involved too, but the concept is nobody gets anything for free - including getting away without paying the judgment against you - which TM very sadly assumed she was going to be able to do. Must have thought she was on Mars.

Now she's accrued about $5K in interest - because she didn't meet her obligations. Hard to believe she is happily paying 6% in this environment. You can't even get 1% out of many banks. Ms. Rich Witch.

Anonymous said...

@1:40PM Please don't take this to a higher court, after you lose at trial. You've wasted 50x the average citizen's share of public resources, to feed your ego. Turn the car over, plead guilty and get some help.

You've been pummeled by McFadden, Zito, Koury, and Dally - maybe more. Everyone is against you, eh? It's a vast conspiracy. Where did these judges learn the law, anyway? Why not try to get Governor Wolf involved, like when you asked Corbett to. Hey, it can't hurt to ask, right? Wrong. Stop wasting everyone's time and money and take responsibility for once.

Anonymous said...

He said he bought it for a $1, the sheriff's don't change the bid or amount to adjust for his McJudgement. Where are you going to buy a running car for $1? The sale was illegal if it was sold for only $1.

Anonymous said...

Judge Dally
LMAO!
Can't believe he is still a judge.

Bernie O'Hare said...

"The sale was illegal if it was sold for only $1"

You can make that argument at trial.

Anonymous said...

"Where are you going to buy a running car for $1?"

You really ARE a dumbass. Wake the f up. The car has to be appraised. TM gets credit for whatever it is worth, if she turns it over. Bernie doesn't get a car for $1 - that isn't what is happening.

Geesh. Education is a wonderful thing. You missed out. You are probably the fool that thought TM was on the winning side when her request to quash was DENIED. lol

Anonymous said...

Greggy gonna be getting road head in the Rav 4 on the way to AC while you are tied up in angles barn with a ball gag.

#whoswinning?

Anonymous said...

anon 12:39, you are filled with obsessive hate. You need to get a life of your own and stop obsessing over this young woman.

Anonymous said...

4:34AM You need to get more sleep. This woman is plenty OLD enough to know right from wrong, and she did wrong. Why do you call a desire to see her held accountable for breaking our laws "hate"?

I am obsessed with seeing the truth. The truth is this woman broke the law, laughs at the law, demeans judges and lawyers, and generally has no respect for our institutions. Look how she has treated those in her local government, both elected and employees.

You appear to be obsessed with coming here and attempting to portray this woman as someone who is being taken advantage of by a biased and unfair system - which is a load of horse crap. She has defiantly ignored and thumbed her nose at the law time and time again. Keep coming here and posting your nonsense, and expect a reply. Your SPIN attempts will fail time and time again.

Anonymous said...

This blog is a rolling manifesto of career stalking and revenge. I hope I sit on this jury. Case dismissed. How sad and stupid, and a total waste of court time. The evil owner of this blog needs some counseling in dealing with rejection and a wounded ego. There is nothing more to it than that.

Bernie O'Hare said...

Since you are the defendant I think it's highly unlikely that you will be sitting on this jury

Anonymous said...

Not , not the defendant...someone who used to find that the blog topics were once informative, but now sees this as a forum to continually malign innocent people, by a stalker who refuses to move on with his miserable life. You may as well re-name your blog to be called, "I hate Tricia Mezzacappa because she dumped me, and spoke the truth about what a lunatic I really am."

You are a sick person without boundaries whatsoever.

Bernie O'Hare said...

Uh huh. Then why are you here? Tricia, tell your lies elsewhere.

Anonymous said...

@1:57 Your toolbag is empty. You come here with the same tired lines over and over. In the face of facts that don't support your innocence, you:

-cast aspersions on judges
-cast aspersions on the DA
-claim Bernie is burning a romance candle from 4 years ago (look in the mirror, and into your soul. Both are humbling experiences, and you have some gall suggesting this is a love interest gone bad - get over yourself)
-appeal cases and lose in higher court

You must be blind. Look at this blog. Bernie hasn't been distracted by your war on him, and is continuing to post on all kinds of pertinent topics. But you think you won Dally's decision a few days ago - so your opinion is worthless.

In case you've forgotten, this case continues because you were found guilty of defaming Bernie, and a judgment was entered against you that for some reason you and your PD don't believe you should have to pay. Not because of an alleged date gone sour. Stick with the facts, Tricia. You record is broken and skipping.

Stoffa, Angle, O'Hare, Gracedale, Gross cartel, how can I have the car inspected without being caught, yada yada. That's one pathetic existence.


Anonymous said...

PA Docket Sheets shows that TM had her CrackerJack lawyer enter an appearance for her in Superior Court - which is a bit odd, because she tried to to attain pauper status and the court unceremoniously denied that. Wonder if the judges who made that decision realize she suddenly she has come into money to pay for a lawyer. Probably.

Actions have consequences.

Anonymous said...

Greggy is hung like a horse, imaging what it was like to bd pending her Colin

Anonymous said...

@3:04AM You should drink less alcohol, and stay away from drugs. Get more sleep. Maybe walk for your health - lol.