PITTSBURGH – A Western Pennsylvania woman who was allegedly assaulted and kidnapped by her now-deceased ex-boyfriend in September has filed suit against his estate to recover money she lent him.
Denise Deltondo of McKees Rocks filed suit in the Allegheny County Court of Common Pleas on Feb. 12 versus Jill Smith (Executrix of the Estate of Gabriel John Tamilia) of Riverside, Calif.
“Prior to Sept. 24, 2020, plaintiff and decedent [Gabriel John Tamilia] had a romantic relationship that plaintiff had terminated. On Sept. 24, 2020, plaintiff and decedent agreed to go out to dinner together at a restaurant. While at the restaurant, plaintiff and decedent got into a verbal altercation. The pair eventually left the restaurant and plaintiff drove decedent back to his house, intending to drop decedent off and return to her home,” the suit says.
“Once parked in the driveway, however, decedent became violent and threatening toward plaintiff, causing her serious bodily injury and fear for her life and health. At that time, decedent struck plaintiff in the face, put her in a headlock and threatened to kill her. Decedent also wrapped a seatbelt around plaintiff’s neck and began to choke her. During the attack, plaintiff attempted to signal for help by screaming and hitting the car horn. Decedent then dragged plaintiff by her hair from the car and into the house, resulting in injury to plaintiff’s hair and scalp.”
The suit adds that once inside the house, the decedent dragged the plaintiff to a downstairs bathroom and kept her imprisoned there. After police arrived and located the parties, the decedent was arrested and the plaintiff was transported to the University of Pittsburgh Medical Center Passavant, for treatment of her severe injuries. The plaintiff says she later developed post-traumatic stress disorder.
Tamilia passed away on Dec. 27, 2020 and on Jan. 28, defendant Smith was appointed Executrix for the Estate of Gabriel Tamilia.
“Prior to his death, plaintiff and decedent had planned to renovate and sell decedent’s home. Decedent moved into plaintiff’s residence in July of 2019 while renovations were ongoing and until his departure in April of 2020. Plaintiff loaned a substantial sum of money to decedent in order to effect these renovations,” according the suit.
“In total, plaintiff loaned $75,500 to decedent. It was agreed and expected that the loan would be repaid in full. Decedent was aware of and acknowledged his obligation to repay the money loaned. To date, neither decedent nor his estate have repaid any amount of the loan. Decedent has breached the terms of the loan without legal excuse by failing and refusing to make any repayments. Such a breach without excuse is the direct and proximate cause of damages to plaintiff in the amount of the total amount of money loaned to decedent, plus interest that continues to accrue.”
For counts of assault, battery, false imprisonment, breach of contract and intentional infliction of emotional distress, the plaintiff is seeking judgment in her favor, plus costs of suit and other relief as this Court deems just or appropriate, plus a trial by jury.
The plaintiff is represented by Alan T. Silko of Silko & Associates, in Bridgeville.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-21-001255
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com