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031114 Oh Are Mezza Cappa

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   COURT OF COMMON PLEAS OF NORTHAMPTON COUNTYCOMMONWEALTH OF PENNSYLVANIACIVIL DIVISION BERNIE O'HARE : CV 2012-3442:Plaintiff :: vs. : : TRICIA MEZZACAPPA: : Defendant : TRANSCRIPT OF PROCEEDINGSHeard by THE HONORABLE MICHAEL J. KOURY, JR., Judge of the Court of Common Pleas of Northampton County, Third Judicial District, Easton, Pennsylvania, on Tuesday, March 11, 2014. A P P E A R A N C E S: BY: RICHARD J. ORLOSKI, ESQ. -- on behalf of the Plaintiff Proceedings stenographically recorded by Nicole Candelino, Official Court Reporter.   2  1  * * *  2 THE COURT: Good morning .  We are here in 3 the matter of Bernie O'Hare versus Tricia 4 Mezzacappa ,  docket 3442 of 2012. The case was 5 listed for a non - jury trial regarding damages 6 following default judgment. The case was scheduled 7 for 9 a.m. T he time is now 9 : 26 a.m. I've  been 8 informed that Ms. Mezzacappa did not appear at the 9 call of the list, is that correct ? 10 MR. ORLOSKI: That's correct ,  and she wasn't 11 at the call of the list last week either. 12 THE COURT: Okay ,  so you're ready to proceed 13 in   her absence ?   14 MR. ORLOSKI: Yes. 15 THE COURT: Call your first witness .  You 16 can testify from the witness stand or the podium .   17 Raise your right hand and state your full 18 name ,  spelling your first and last name for the 19 court reporter. 20 MR. O'HARE : Bernard  V .   O'Hare,   III . 21 BERNARD V. O'HARE, III, having been duly sworn 22 according to law, was examined and testified as 23 follows: 24  DIRECT EXAMINATION 25  BY MR. ORLOSKI:   3  1 THE COURT: You may be seated. Mr. Orloski ,   2 you can  proceed with your examination.  3 Can you just tell me briefly what's before 4 me.  5 MR. ORLOSKI: It's a hearing on damages for 6 the defamation .  We're going to be requesting an 7 award for compensatory damages and for punitive 8 damages.  9 THE COURT: Okay. 10 MR. ORLOSKI: And we have ,  Your Honor, the 11 section from the standard civil practice ,  1316 ,   12 which outlines the damages. 13 THE COURT: Okay .  You ,  Mr. O'Hare ,  filed an 14 action for defamation against M s . Mezzacappa ,   15 correct ? 16 MR. ORLOSKI: Yes. 17 THE COURT: And there was a default 18 judgment ? 19 MR. ORLOSKI: Yeah ,  we have a complicated 20 history .  We do have the docket which I will make 21 available to Your Honor. I have some notes on the 22 first page but this is page 3 ,  starts with the 23 filing of the complaint .  It's been a procedurally 24 complicated case. 25 THE COURT: Okay. Okay ,  you can proceed ,     4  1 Mr. Orloski.  2  BY MR. ORLOSKI: 3 Q.Mr. O'Hare ,  state your full name for the 4 record . 5 A.My full name is Bernard Vincent O'Hare ,   III. 6 Q.And ,  very briefly ,  at some point did you go 7 to law school?  8 A.I did.  9 Q.Did you graduate? 10 A.I did. 11 Q.Were you admitted to the bar? 12 A.I was. 13 Q.And your father ,  what was your father's 14 name? 15 A.His name was Bernard Vincent O'Hare, Jr. 16 Q.And he was also a lawyer? 17 A.He was. 18 Q.At some point you had some difficulties with 19 the bar? 20 A.That's correct. 21 Q.And what happened to you? 22 A.My license to practice law was suspended for   23 two  years ,  in early 1986 ,  I believe ,  as result of 24 ethical misconduct that occurred as a result of my 25 drinking.
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