Malicious intent

[CarolLee331]

Intentional infliction of emotional distress (IIED) is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to IIED as the tort of outrage.

Elements

1. Defendant acted intentionally or recklessly; and
2. Defendant’s conduct was extreme and outrageous; and
3. Defendant’s act is the cause of the distress; and
4. Plaintiff suffers severe emotional distress as a result of defendant’s conduct.

Intentional or reckless act

The intent of the act need not be to bring about emotional distress. A reckless disregard for the likelihood of causing emotional distress is sufficient.

Extreme and outrageous conduct

Whether the conduct is illegal does not determine whether it meets this standard. IIED is also known as the tort of "outrage," due to a classic formulation of the standard: the conduct must be such that it would cause a reasonable person to exclaim "Outrageous!" in response.

Some general factors that will persuade that the conduct was extreme and outrageous: (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty.[8][9]

In public

Many jurisdictions, including Arkansas and New York, require the element that the incident complained of must have taken place in public.

This is consistent with other Dignitary Torts, which all require some public space, publicity, or publication.

interesting stuff - very interesting stuff. I wonder if distress would include mental, physical, financial or ability to have the normal expected enjoyment of one's home and neighborhood without undue ridicule and discrimination via abuse of power of those who govern it?

[Bob Sciarrone]

I just wanted to ask a question here. You were on the Board and agreed to sue me under the Association name and using the Association funds.

I never called you a prostitute, conspired to oust you from various functions, slandered you as a Board Member just did on this Board. When is this lawsuit going to begin? This is way more than I have been accused of. Or was it because you guys had the financial resources at the time.


CarolLee,

I'm not trying to slam you here. I just need an answer because it would appear that using the Association funds was very easy. Just go to the bank and cut a check for say 10 or 20 grand and walk out.

[CarolLee331]

I just wanted to ask a question here. You were on the Board and agreed to sue me under the Association name and using the Association funds.

I never called you a prostitute, conspired to oust you from various functions, slandered you as a Board Member just did on this Board. When is this lawsuit going to begin? This is way more than I have been accused of. Or was it because you guys had the financial resources at the time.


CarolLee,

I'm not trying to slam you here. I just need an answer because it would appear that using the Association funds was very easy. Just go to the bank and cut a check for say 10 or 20 grand and walk out.

I understand your question, and understand you are not slamming me. Take this as an honest yet careful answer - careful only because I do not like discussing this with you and have said that many many times - at least until the case is closed.

The difference for ME is that the posts here regarding me is and has been more or less personal and behind the scenes and off the forums for the most part when it was against me as a board member. At least the worst of it. Also, when the posts were against me it was against ME and it slowed dramatically against everyone else. I did some investigating and found it would be better for me to find the solution on my own and not as a director of the board.

Recently, these attacks and others by Mr. Silverence and otherse are/were against me as a person not as a director. Although they swayed into being a volunteer for this community and severely hurt chances of running for the board again, they were personal. I was and am mentally drained and emotionally stressed from these attacks if in no other way than trying to continue to work with these people for the community as a volunteer in committees etc. And the attacks became more open to the community when the directors themselves and liaisons themselves and those affiliated with them as leaders of our community AFTER I was no longer on the board and just a volunteer and resident. I was able to come here and defend myself and speak my mind (would have on the APCP web but they did not want that so they took it down so I could not, furthering the opinion of the residents against me). The stress and mental anguish that I have endured since being off the board has come FROM the board and other volunteers - since Tony was amazingly noted as a volunteer this past year - and not from this forum.

Now, the suit against you (actually against the bulletin board and the allowing of posts made such as they were - and this is my opinion only - and I have always stated I would not discuss it with you but will try to walk the line here) - in my opinion should have been filed because although it was that the people that were being "attacked" was in their capacity as directors as well as personal especially for Mr. Williams, it had a direct effect on the business of APCP and the effectiveness of the board. The attacks and posts led others to believe this is who these people were - and it is not. The community suffered. We had the most unrest because of these attacks than I have ever seen in my time here in APCP. Even afterward and during the attacks, those same people continued to work hard, even passing the motion to review and vote on the bylaws. Still the attacks on the BOARD MEMBERS and them as individuals continued.

In the end, we had our annual meeting and the votes were announced and the community should have been back to work - but many then saw that those posts were wrong and not who those people were and what they stood for and now find they voted without thought for anything other than those posts and the opinions and thoughts posted as facts about these people. The very individuals who were behind many of those posts are now the ones who know this more clearly than ever before being seated on the board themselves and / or just being more involved and active in the community. At least some of them. The others continue to smear, harass and defame past board members, volunteers and past employees on a more personal level for whatever reason they have.

As a volunteer, past director, and future candidate, the personal attacks are personal. BUT I also felt the suit against you did in some way cover the entire board but was written with names instead of DIRECTOR which in my opinion would have been the better way - because it was clearly regarding the community and its directors that these posts were written in the first place against the individuals as directors.

If in my opinion anything should change with the suit against you - it would be that rather than names placed in it - Director, President etc be used instead. I am sorry this has affected the way we react and relate to each other, but the suit in my opinion is not personal - it is a matter of business for APCP.

As for the abuse from Tony that we received as directors - I could go on and on - and although my opinion makes sense in my mind - I dont think I could explain it here without rambling and sounding like a bitter person and that is not what I am - angry yes, bitter no. I do feel sorry for him - it must be difficult being him. So when I can get my head around the words needed to express them I will. Does that include a suit of any kind - ABSOLUTELY without hesitation - of some kind, but I also feel the events towards me are somewhat criminal.

Now, any further discussion or comments wont be made here - but as I stated previously - we can talk personally or privately when the case is over. And Bob, I do hope it is over soon. It is not good for the community (but necessary) and it is certainly not good for you to continue to find wiggle room when it could have been closed a long time ago on your part.

Now dont shoot me for my opinion - you asked and I answered. Please direct any comments to me directly via email and not here okay? Do we have a deal? I won't make any more comments here about it regardless.

[Bob Sciarrone]

Ok. I will end it with this. What I posted was toward a public figure acting in a public capacity. When Harry was off the Board, you were off and whomever else, the statements stopped because I did not attack the person as a private person, I attacked the capacity of the person holding a public office which is different. We all know by Vican's blatant violation of the law in my case and I posted it here, the kind of disgust they all have for me. That made this lawsuit easy. I don't know any other court that would entertain such nonsense with 4 complaints , but, Zulick will have to answer to that one. And he will.

As I said, 2010 will be my greatest yet and I aim to make it so.

I hold no hard feeling for the individuals, well, the Mocks? Yes I do. Jeff? I'd have to say yes very honestly.

Nothing else will be said about this from me especially from the turn of events of postings on this Board.

In the matter of you and Tony? Are you upset? Understandably so and also of the Board. When I spoke to you on the phone, you were extremely upset about the situation and yes, you should be.Tony had no right whatsoever to slander you like that as you are a private citizen and not one of a public office right now. That my friend is what matters the most!

I personally would like to see the deed of his house in your name to help with the bills. If you need me for anything relating to that, call on me anytime!

[CarolLee331]

Ok. I will end it with this. What I posted was toward a public figure acting in a public capacity. When Harry was off the Board, you were off and whomever else, the statements stopped because I did not attack the person as a private person, I attacked the capacity of the person holding a public office which is different. We all know by Vican's blatant violation of the law in my case and I posted it here, the kind of disgust they all have for me. That made this lawsuit easy. I don't know any other court that would entertain such nonsense with 4 complaints , but, Zulick will have to answer to that one. And he will.

As I said, 2010 will be my greatest yet and I aim to make it so.

I hold no hard feeling for the individuals, well, the Mocks? Yes I do. Jeff? I'd have to say yes very honestly.

Nothing else will be said about this from me especially from the turn of events of postings on this Board.

In the matter of you and Tony? Are you upset? Understandably so and also of the Board. When I spoke to you on the phone, you were extremely upset about the situation and yes, you should be.Tony had no right whatsoever to slander you like that as you are a private citizen and not one of a public office right now. That my friend is what matters the most!

I personally would like to see the deed of his house in your name to help with the bills. If you need me for anything relating to that, call on me anytime!

Welllllll - someone else might beat me to that.

[peaceinthepoconos]

Ok. I will end it with this. What I posted was toward a public figure acting in a public capacity. When Harry was off the Board, you were off and whomever else, the statements stopped because I did not attack the person as a private person, I attacked the capacity of the person holding a public office which is different. We all know by Vican's blatant violation of the law in my case and I posted it here, the kind of disgust they all have for me. That made this lawsuit easy. I don't know any other court that would entertain such nonsense with 4 complaints , but, Zulick will have to answer to that one. And he will.

As I said, 2010 will be my greatest yet and I aim to make it so.

I hold no hard feeling for the individuals, well, the Mocks? Yes I do. Jeff? I'd have to say yes very honestly.

Nothing else will be said about this from me especially from the turn of events of postings on this Board.

In the matter of you and Tony? Are you upset? Understandably so and also of the Board. When I spoke to you on the phone, you were extremely upset about the situation and yes, you should be.Tony had no right whatsoever to slander you like that as you are a private citizen and not one of a public office right now. That my friend is what matters the most!

I personally would like to see the deed of his house in your name to help with the bills. If you need me for anything relating to that, call on me anytime!

Welllllll - someone else might beat me to that.

Don't be surprised if there is multiple law suites after the events that transpired this week.What Tony said about Carolee was way out of line,Peggy Cooney well she started a war that I intend to finish. I once asked Tony like I asked others if Carolee is as bad as everyone makes her out to be,his words and I quote "yes she's the ([Oops, my bad] devil don't trust her or Harry ever"

[CarolLee331]

Too bad you never approached me cordially to speak. There were opportunities - the volunteer dinner - but even then you felt animosity without knowing any of us at all who have worked hard in several areas of this community. I could have approached you but I was not the instigator, nor was Mr. Williams or Ms. Tomazolli or Mr. T. - but if you think the comments that night were not heard - everyone is wrong.

Anyway, Whatever I do, I will attempt everything possible to not include APCP -because as I said it was a personal attack against me - however it was by volunteers and directors who did it. I do not hold it against my community. I love where I live. I do hold the fact that when I PLEADED with admin/directors to correct the situation by making a statement in open especially about the whole stealing from bingo - lack of accountability - one way or the other - they refused - I even opened it up by making a statement myself several times during open meetings to give them the chance to clear it up - that I was removed from bingo for other reason than money was missing etc. That would have been what kept the APCP out of it for me. I explained to them that heir allowing the rumors such as this to continue, they were in a sense to those who did not know what to believe - feeding it as truth.

Instead I got - "I have not heard it" and "dont take it personally" - but clearly in those emails you see who was cc'd and all.

Again, if anyone feels I should not take it personally - they are an ass. Other woman may have a strong man behind her to defend her honor - unfortunately I am a single woman who will not expect my sons to be involved and targeted next - I am the momma bear and quite frankly, I can take care of myself, of course with a little help from my friends.

[peaceinthepoconos]

Too bad you never approached me cordially to speak. There were opportunities - the volunteer dinner - but even then you felt animosity without knowing any of us at all who have worked hard in several areas of this community. I could have approached you but I was not the instigator, nor was Mr. Williams or Ms. Tomazolli or Mr. T. - but if you think the comments that night were not heard - everyone is wrong.

Anyway, Whatever I do, I will attempt everything possible to not include APCP -because as I said it was a personal attack against me - however it was by volunteers and directors who did it. I do not hold it against my community. I love where I live. I do hold the fact that when I PLEADED with admin/directors to correct the situation by making a statement in open especially about the whole stealing from bingo - lack of accountability - one way or the other - they refused - I even opened it up by making a statement myself several times during open meetings to give them the chance to clear it up - that I was removed from bingo for other reason than money was missing etc. That would have been what kept the APCP out of it for me. I explained to them that heir allowing the rumors such as this to continue, they were in a sense to those who did not know what to believe - feeding it as truth.

Instead I got - "I have not heard it" and "dont take it personally" - but clearly in those emails you see who was cc'd and all.

Again, if anyone feels I should not take it personally - they are an ass. Other woman may have a strong man behind her to defend her honor - unfortunately I am a single woman who will not expect my sons to be involved and targeted next - I am the momma bear and quite frankly, I can take care of myself, of course with a little help from my friends.

You're right there was opportunities to speak to you but what you call animosity I call keeping my guard up,there was plenty said about you things you were doing and saying about me that were false forced me to keep my guard up.Whatever comments you are referring to as far as I remember I didn't make any if I did then that means it's something I would say to your face if asked too,but for me what's in the past is in the past I acted the same at the volunteer dinner as I did at the Christmas one.There was alot said about you and me and if you ever want to compare notes and see what the truth really is just ask.

[Bob Sciarrone]

AND FOLKS,

IT IS FOR THIS REASON WHY THIS COMMUNITY SUFFERS THE WAY IT DOES.

THE BULLSHIT MUST STOP. AND IF IT TAKES REMOVALS, LAWSUITS, FIRINGS AND WHATEVER ELSE, SO BE IT. GET IT OUT OF THE SYSTEM SO THE SYSTEM CAN FINALLY WORK!!!!!!

[Bob Sciarrone]

All this is a bunch of horseshit!!