Nicholas Malfitano Oct. 15, 2015, 3:20pm


PHILADELPHIA – A personal injury case involving a minor previously in foster care may be discontinued, due to the filing of a similar but separate action.

On July 28, plaintiff counsel Prince Holloway filed a motion for application for distribution of minor’s compromise, seeking to discontinue the instant matter filed by Flora D. Williams on behalf of minor Frederick Peaster, both from Landsdowne.

The plaintiffs filed a similar action in July (and an amended suit in August) versus defendants Juanita Park and Progressive Life Center (PLC) in Philadelphia (case 150700269), and their motion seeks to discontinue the previously-filed Writ of Summons from April versus defendants Renee and Claybon Hawthorne of Glenside and PLC in Philadelphia.

A hearing in this case was set for Wednesday in Court chambers, at Philadelphia City Hall.

On April 30, 2013, Peaster was injured when he was allegedly beaten with a metal belt buckle and broomstick by his then-foster father, defendant Claybon Hawthorne, in addition to being punched and kicked.

Peaster now resides with fellow plaintiff and natural guardian Williams in Landsdowne. 

The plaintiffs filed a Writ of Summons in April, and PLC likewise filed a motion to dismiss itself from the litigation on June 8. PLC is a non-profit, community-based organization offering human services to individuals and families in urban communities.

In its motion to dismiss, PLC claims it is a sole location in Washington, D.C., providing mental health treatment, a place the defendant alleges the plaintiffs had never been to or received treatment. It claims to have had no involvement with the case and sought dismissal from the litigation without prejudice. 

The plaintiffs are represented by Prince Holloway of Stampone Law, in Cheltenham.

The defendants are represented by Francis J. Deasey and Rachel Mandell of Deasey Mahoney & Valentini, in Philadelphia.

Philadelphia County Court of Common Pleas case 150402555

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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