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Tricia Mezzacappa

vs

John Morganelli

In a private criminal complaint filed by Tricia Mezzacappa, 817 Ridge Street, WestEaston PA 18042, DA Morganelli declined to prosecute charges filed for violationsof PA CS 18 6111, conspiracy to commit a felony, and felony distribution ofconfidential LTCF information. Defendant is Kelly Gross, West Easton, PA 18042.

Tricia Mezzacappa respectfully requests reconsideration , and submits this petition

for review by the DA. Kelly Gross is guilty of these crimes, and has acted with therequisite motives of malice to compel the DA to file criminal charges.

1. Kelly Gross is a long standing personal and political enemy of Tricia Mezzcappa.

2. Kelly Gross illegally conducted and investigation into Mezzcappa's home basedmassage business in 2009, when no complaints were filed about such business.Gross manufactured complaints and issued Mezzacappa a Cease and DesistOrder on May 31, 2009 FOR SPORT.

3. Kelly Gross , with assistance from Borough Council raised the zoning applicationfee from $300 to $1200.00 when she suspected Mezzcappa had retained a lawyerand was filing a second appeal. The new $1200.00 zoning fee was explicitlypassed to stop Mezzacappa from filing a new appeal. That scare tactic failed.

3. Mezzacappa successfully fought Kelly Gross, her illegal Cease and Desist order,and her banning massage therapy from all zoning districts in West Easton, PA.Mezzacappa was represented by Blake Marles, esq, of Stevens and Lee,Bethlehem, PA. Mezzacappa was unable to recoup approximately $10,000 in feesrelated to this battle because the laws are clearly flawed and must be changed.

4. After winning her zoning case, Ms. Mezzacappa was directed by Kelly Gross inMarch , 2011 to pay $160.00 for code inspection fees , in order to operate herhome based business.

5. Mezzacappa complied by paying the requested fee by check in March 2011,which was cashed by West Easton Borough within 30 days.

6. After cashing the check, West Easton Borough Council President Kelly Gross

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fired the code inspector, and never assigned an inspection to Mezzcappa'sbusiness.

7. By way of further correspondence, Kelly Gross informed Mezzacappa that signedand sealed Engineering sketches had to be filed by Mezzacappa before a code

inspection would take place. Mezzacappa repeatedly submitted her own sketchesof her massage table, and the 70 sq ft area of her home to be used.

8. Gross rejected her sketches despite the fact that Mezzacappa stated no engineerwas willing to sketch a 70 sq ft work area.

9. Gross repeatedly refused to return the 160.00 inspection fee.

10. At same time Gross added late fees to Mezzcappa'a sewer account, despite thefact that Mezzacappa has never paid a bill late in 14 years of residency.

11. Kelly Gross sent Mezzacappa utility shut off notices for failure to pay sewerbills , when she already knew that Mezzacappa had her account paid in full. Grossillegally forced Mezzacappa into paying late fees, in oder to stop a shut off ofsewer services

12. Kelly Gross attempted to confiscate Mezzcappa'as Potbelly pig by enforcing anordinance which only referred to livestock. She was unsuccessful, but costMezzacappa thousands of dollars in property upgrades that were unilaterallyimposed by Gross.

13. Kelly Gross has refused to furnish Mezzacappa any access to any public record

without a formal written RTK request, a 35 day delay, and a refusal to usetechnology for retrieving the records.

14. Gross has repeatedly refused access to public records and has defied the RTKlaw in several instances in 32 RTK appeals filed by Mezzcappa.

15. Gross has lost several RTK cases at the OOR in Harrisburg, 2 Court ofCommon Pleas appeals and 1 Commonwealth Court appeal that were all decidedin favor of Mezzacappa.

16. To retaliate for winning her lawsuits, Gross has instructed Borough Staff not to

answer the phone when Mezzacappa calls the Borough Hall.

17. To retaliate for winning lawsuits, Gross has instructed Borough Staff to lock theentrance to Borough Hall, and not to answer the door when Mezzacappa arrives.

18. To retaliate for winning lawsuits, Gross has instructed Borough Staff to call theEaston Police department for disturbances when Mezzacappa arrives to pay hertaxes , or to pick up copies of RTK documents, despite the fact that Mezzacappa is

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not causing any disturbances.

19. Gross has repeatedly refused to email or fax Mezzcacappa documents relatingto RTK requests, and then forces Mezzacappa to appear in person at Boorugh Hallto pay the copy fees and retrieve the documents. The Easton Police must be

present because Borough Clerks will not open the doors.

20. Tom Nodoline, an West Easton Borough Councilman, recently told OfficerCheney of EPD, that West Easton Borough passed an ordinance banningMezzcappa from Borough Hall. This is an act of retaliation because ofMezzacappa'as successful lawsuits.

21. Kelly Gross initiated the passing of an illegal ordinance which re-defines thecriminal trespass statute to specifically harass and intimidate Mezzacappa, and toretaliate against Mezzacappa for voicing her concerns at Council meetings. Thisillegal ordinance carries a $1,000.00 fine. Council has demanded that the EPD

enforce it. EPD Police Chief Carl Scalzo refused to answer a question regardingthe legality of its enforcement.

22. Kelly Gross has followed Mezzacappa in public, photographed her car, andstalked her home on numerous occasions, to harass, bully, intimidate and retaliateagainst Mezzcappa for making RTK law requests, and winning lawsuits.

23. Kelly Gross refused to issue Mezzacappa street and sidewalk opening permits,and other construction permits to establish a sewer connection from her home tothe city sewer system. Mezzcappa applied for the permits in November of 2102.This was done to retaliate against Mezzacappa for winning lawsuits.

24. Gross ignored all correspondence and phone calls from Mezzcappa's plumberwho also tried to file his own application for permits to begin work. This was done inretaliation for winning lawsuits.

25. After Mezzacappa applied for permits in November 2012 (and after winning aRTK Lawsuit in July 2012) Kelly Gross again retaliated against Mezzacappa byestablishing new policies and procedures for sewer line connections which werepassed by council in December of 2012. These new procedures make it financiallyimpossible for any citizen to access a sewer connection.

26. Despite the fact that Mezzacappa has never had a sewer connection in 14years of residency because her house was built without a sewer line, Mezzacappahas been charged a quarterly sewer bill for 14 years for using the sewer lineowned by the attached duplex homeowner who died in August of 2012 at 815Ridge Street.

27. Despite the fact that the sewer line owner at 815 ridge Street died in hisbasement, near the sewer line, and cracked it , from a buckshot fired in the

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basement, West Easton Borough refused to fix the line, or allow Mezzacappa toestablish her own line. This act of malice was initiated by Gross, to intentionallyharass and retaliate against Mezzacappa.

28. Kelly Gross has religiously used the blog of Bernie O'Hare

(lehighvalleyramblings.blogspot.com) to harass, stalk, libel intimidate and retaliateagainst Mezzacappa for sport.

29. In March of 2013, when Gross knew Mezzacappa was running for West EastonBortough Council, she connived the confidential LTCF from Deputy Sherriff DarinSteward. She received the information by phone and by hand on March 10, 2013.

30. On Monday, March 11, 2013, Mezzacappa tried to file her statement ofFinancial Interest at West Easton Borough Hall as required by law, to meet thestatuary filing deadline of March 12, 2013. When Mezzacappa arrived at BoroughHall to file her statement she was illegally locked out of the building and had to call

the EPD to gain entrance.

31. Kelly Gross dispensed the LTCF application to Richard J. Orloski and BernieO'Hare, with intent to steal identity, embarrass, stalk, humiliate, harass, andinterfere with Mezzacappa's right to carry a concealed weapon.

32. Kelly Gross was identified as the receiver and conspirator of the felony andmisdemeanor charges that were filed against Deputy Sherriff Darin Steward.County DA believed Kelly Gross when she lied through her teeth and sated shefeared for her safety.

33. Kelly Gross does not fear for her safety. If she feared for her safety she wouldkeep Mezzacappa away from Borough Hall by using the phone, email fax, andwebsites to publish public documents. Instead she forces Mezzacappa into herdirect physical space to bully, harass, intimidate, retaliate and collect money forpublic information which should be readily available free of charge.

34. On the morning of June 27, 2013, Kelly Gross placed herself directly inMezzacappa's company for summary hearings on private harassment charges filedby Jill Garcia and Matthew Dees. She sat in the court room for 3 hours straightwith an ear to ear grin, goading Mezzcappa from the back of the courtroom. Shewas not a party to either summary hearings and was not called as a witness. She

was observed there for 3 hours by 2 Easton cops, 2 Wilson Cops, Jill Garcia,Matthew Dees, Bernie O'Hare, Jim Gregory, Judge Yetter and the West Eastonattorney who prosecuted the case. She was there for sadistic provocation,harassment, retaliation and displayed an overwhelming sense of confidence thatshe worked the criminal justice system to escape felony charges.

For the 34 reasons stated above, Felony charges should be filed against KellyGross for violating 18 PA CS 6111, conspiracy, and dissemination of protected and

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confidential firearm information. No justice is served by only charging the DeputySherriff who also lost his job and career. He was conned by a conniving, mentallyill woman with an axe to grind. If anyone should be let off the hook for this crime it isDarin Steward. It is my position that he made a terrible mistake and already paid avery high price for his involvement. Prosecute Kelly Gross to the fullest extent under

the law.

Sincerely,

Tricia Mezzacappa817 Ridge StreetWest Easton, PA 18042610-330-6943

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