MEDIA – A Delaware County homeowner says that due to the efforts of anonymous local individual distributing flyers false alleging that he is in possession of an unauthorized shed structure on his property, that he has suffered defamation and invasion of privacy.
Joseph B. O’Neill Jr. of Upper Providence Township filed suit in the Delaware County Court of Common Pleas on April 18 versus Jane Doe.
“On or about April 13, 2021, defendant distributed an anonymous flyer to every residence, with the exception of plaintiff’s residence, on Shady Hill Road and the adjoining Rose Hill Road in Upper Providence Township, Delaware County, PA. On April 13, 2021 multiple neighbors of plaintiff notified him that they had received the Flyer and provided plaintiff with a copy of same. Neighboring witnesses stated to plaintiff that they witnessed defendant distribute the Flyer onto neighbor’s mailboxes and described defendant as an adult female, driving a black sedan,” the suit says.
“Defendant’s actual name is unknown to plaintiff. The Jane Doe designation is fictitious to act as a placeholder until defendant’s actual name is ascertained. Plaintiff has done a reasonable search to determine the actual name of the defendant. The defamatory flyer contains multiple references to information obtained from Upper Providence Township. Plaintiff, in an attempt to identify the name of defendant, filed multiple right-to-know requests to Upper Providence Township for all documents pertaining to plaintiff’s address. Upper Providence Township denied plaintiff’s right-to-know requests.”
The suit argues that the plaintiff suffered both defamation and invasion of privacy as it relates to the content of the flyer itself.
“The flyer makes multiple false and defamatory statements. The flyer falsely states that the plaintiff’s erected a ‘trailer’ on plaintiff’s property and that contractors ‘have completed water/sewer/electric hookups prior to obtaining proper approvals and permits’, defaming plaintiff’s character as a neighbor that doesn’t respect the rules, etc. The structure in question is a Residential Accessory Shed Structure. Permits are not required for the connection of water/sewer/electric in accordance with 35 Pa Stat §7210 104(b)(3) and 34 Pa Code §403 1(b), as affirmed by the ruling of the Delaware County UCC Board granting plaintiff’s appeal regarding said permit issue dated Aug. 25, 2021,” the suit states.
“The flyer falsely states, ‘Make no mistake, this is NOT a shed. It is a trailer ‘tiny home’ complete with air conditioning and heat, situated on stone, without a foundation,’ defaming plaintiff as being someone not of honest character. The flyer falsely states without evidence that ‘the installation and use of trailers, as proposed will negatively impact our property values,’ defaming plaintiff as being someone attempting to harm the property values of plaintiff’s neighbors. The flyer falsely states that ‘This introduces risk in our neighborhoods,’ defaming plaintiff as someone who poses a risk to the neighborhood. The flyer falsely states that ‘This structure aesthetically does not blend with the type of homes in our neighborhood.’ The flyer falsely states that ‘The owners of [the residence on] Shady Hill Road have circumvented all zoning ordinances and building code regulations required by UPT’, defaming plaintiff’s character.”
For counts of defamation and invasion of privacy, the plaintiff is seeking damages in excess of $50,000, plus all costs, expenses, attorney’s fees and other amounts deemed appropriate by this Honorable Court.
The plaintiff is represented by Edmund J. Campbell Jr. of Campbell Rocco Law, in King of Prussia.
The defendant has not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2022-002561
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com