A state court judge has fully vacated an ex parte temporary protection from abuse order and dismissed the Ex’s PFA Action in a matter related to an ongoing defamation case brought by a Philadelphia personal injury attorney against Danuta Mieloch — owner of Rescue Spa New York, Rescue Spa Philadelphia, and ShopRescueSpa.com — the lawyer’s former domestic partner.
After an evidentiary hearing that lasted more than three years, on August 12, 2020, Philadelphia County Court of Common Pleas’ Judge Ida K. Chen vacated Mieloch’s ex parte temporary protection from abuse order and Dismissed the Protection from Abuse Action Mieloch had filed against Marrone.
The Court based its decision on its finding that Mieloch’s testimony and that of her witnesses was not credible regarding Mieloch’s allegations; and that Marrone’s testimony and corroborating testimony and other evidence — including videotape evidence — was credible. Judge Chen recused herself from a contempt petition which Mieloch had previously filed, because Judge Chen had made an adverse credibility determination against Mieloch already. Mieloch then withdrew her contempt Petition, closing the book on this legal proceeding, but not the damage done to Marrone.
Based on Mieloch’s false accusations, on Aug. 13, 2018 Thomas More Marrone of Philadelphia filed a Complaint in the Philadelphia County Court of Common Pleas against Danuta Mieloch, owner of Rescue Spa Philadelphia, Rescue Spa New York, and Shop Rescue Spa. The case arises out of Mieloch’s false domestic abuse accusations against Marrone, who himself was the victim of Mieloch’s domestic abuse.
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.
Mieloch hacked Marrone’s electronic device, the suit alleges, and learned that Marrone was planning to leave her because of her abusive behavior and assaults. According to the suit, Mieloch then began a campaign to discredit and smear Marrone, making false statements to Police and other law enforcement officials, and spreading falsehoods to neighbors and others in Marrone’s community.
“Defendant [Mieloch] 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.”
“Plaintiff [Marrone] 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 [Mieloch] 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 alleges that 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.
After 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.
Philadelphia County Court of Common Pleas case 180401031
About Thomas More Marrone and MOREMARRONE LLC:
MOREMARRONE LLC has handled cases producing some of the largest verdicts and settlements in Pennsylvania and New Jersey. The firm represents plaintiffs in significant personal injury, class action, and other complex civil litigation. After a recent 11-month stretch that included two class action jury trials resulting in a settlement and verdict amounting to well over $15 million in addition to several substantial personal injury recoveries, successful business and employment negotiations, and hundreds of satisfied clients, Tom Marrone established his multifaceted firm, MOREMARRONE LLC.
Licensed to practice in the State and Federal courts of Pennsylvania, New Jersey, and New York, Tom Marrone has extensive experience and proven success handling difficult, complex cases, especially class actions and collective actions, cases involving personal injury, employment, wage and hour claims, insurance matters, product liability, consumer protection, consumer fraud, deceptive practices, legal malpractice, and wrongful use of civil proceedings.
Individual and corporate clients also engage MOREMARRONE LLC for advisory services, including legal matters, crisis prevention and crisis management. A veteran class action trial lawyer, Tom Marrone also offers consultations with other attorneys and law firms related to class action and complex litigation theory development, implementation, and trial strategy.
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