PHILADELPHIA – A state court judge has vacated a protection from abuse order and dismissed without prejudice the matter of an alleged violation of that order, during a related defamation case brought by a Philadelphia personal injury attorney against his former significant other.
Thomas More Marrone of Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas on Aug. 13, 2018 versus Danuta Mieloch, also of Philadelphia.
According to the lawsuit, Marrone and Mieloch were involved in a romantic relationship and resided together in a Philadelphia apartment unit. Between 2015 and 2018, Marrone says he was subjected to “physical, emotional, reputational and other abuse.”
“Defendant threatened, assaulted, battered, hit, stabbed, punched, choked, and threw objects at plaintiff and took plaintiff’s prescriptions and glasses, among other abuses. Defendant repeatedly spit in plaintiff’s face. Defendant verbally assaulted plaintiff,” the suit stated.
“Defendant has made false statements to police, courts and other authorities regarding plaintiff. Plaintiff sustained lacerations, a broken elbow and emotional distress as a result of defendant’s physical and emotional abuse. Plaintiff required medical treatment and psychological therapy and treatment as a result. Plaintiff was required to call the police for protection from defendant but never pressed criminal charges against defendant.”
On April 9, 2017, Marrone said Mieloch had attacked him once again, only this time, she called the police and had him arrested – allegedly, lying to the police and concealing her own abusive conduct from the authorities.
“After having plaintiff falsely arrested and removed from his home, defendant then withdrew all of the money from plaintiff and defendant’s joint bank account and line of credit, and soon thereafter purchased a Porsche SUV for her personal enjoyment, with, upon information and belief, jointly-owed funds. On May 5, 2017, defendant obtained an ex-parte, non-adjudicated temporary protection from abuse order against plaintiff,” according to the suit.
The temporary protection from abuse order was then issued against the plaintiff, which the defendant accused him of violating on June 17, 2017.
“Plaintiff was arrested, held in jail for 18 hours – including on Father’s Day – and subjected to a criminal contempt prosecution. Defendant told others that she had had plaintiff arrested. The prosecutor withdrew the charges against plaintiff for evidentiary reasons because plaintiff did not violate the TPFA order,” the suit said.
“Defendant has subjected plaintiff to private and public ridicule by physically and verbally attacking plaintiff and making false statements about plaintiff to the authorities and individuals in plaintiff’s community. Defendant separated plaintiff from his home, all of his belongings and his dignity.”
Marrone claimed Mieloch’s conduct was “intentional and designed to maliciously physically and emotionally harm” him, his professional standing, and constituted improper use and abuse of the law enforcement and criminal justice systems.
Through counsel, Mieloch filed preliminary objections on Sept. 4, claiming Marrone’s complaint was insufficiently pled and did not specify the nature of the defamatory remarks and to whom the statements were made.
Further, the objections accused Marrone of throwing Mieloch down the stairs and threatening to kill her, among other abusive behaviors, and barred the obtainment of a protection order as grounds for a defamatory statement being made.
“The fact that defendant obtained a protection from abuse order is a true fact, is a matter of public record and truth is an absolute bar to a defamation claim. Defamatory words, even if defamatory per se, will not provide a basis for recovery where the words are true; Truth is a complete and absolute defense to a cause of action for defamation," the objections said.
Furthermore, Mieloch’s objections stated Marrone did not set forth specific times and places for the alleged incidents of her physical abuse towards him, and claimed she notified police about the violation of the protection order when Marrone allegedly approached her dinner table at a restaurant, during a time when the order was in place.
UPDATE
Subsequent to a hearing, Philadelphia County Court of Common Pleas Judge Ida K. Chen vacated the temporary protection from abuse order and dismissed the action without prejudice on Aug. 12. Furthermore, Chen recused herself from a contempt petition which Mieloch had previously filed, as she made an adverse credibility determination against Mieloch already.
The contempt motion was then assigned to a different judge, but Mieloch went on to withdraw the motion.
For counts of defamation/defamation per se, assault and battery, abuse of process and malicious prosecution, the plaintiff is seeking damages in excess of $50,000, plus interest, costs of suit, punitive damages, such other relief as the Court deems equitable and just, and a trial by jury.
The plaintiff was represented by Candidus K. Dougherty of Swartz Campbell, in Philadelphia.
The defendant was represented by Denise A. Kuestner of Langsam Stevens Silver, also in Philadelphia.
Philadelphia County Court of Common Pleas case 180401031
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com