Nicholas Malfitano Apr. 8, 2016, 11:24am


PHILADELPHIA – The Philadelphia County Court of Common Pleas was set to determine why the proceeds of a 1998 settlement had not been distributed to a recipient in response to a motor vehicle accident, now that said recipient is of legal age.

A hearing in this matter was set for this past Monday in Court chambers, at Philadelphia City Hall.

Though plaintiff Antonio Lendell filed a motion to proceed in forma pauperis on Dec. 30, Judge Matthew D. Carrafiello denied this motion on Feb. 8, citing the motion being “incomplete and unresponsive.”

However, Lendell also filed a motion to enforce settlement on Dec. 30, explaining he was a minor at the time of a November 1998 agreement reached with defendant Pennsylvania Financial Responsibility Assigned Claims Plan, in response to a car accident he was injured in. Per the terms of that agreement, it stipulated Lendell receive funds once he reached the legal age of majority.

Lendell noted no certificate of deposit had been filed in the Philadelphia court system in his case, as required in the November 1998 settlement approved by Judge Petrese B. Tucker.

According to that settlement, the defendant was required to pay a total of $11,000, divided among Lendell, plaintiff counsel Leslie A. Smallwood and the Department of Public Welfare the following ways:

- Leslie A. Smallwood: $2,695.38 (Attorney’s Fees)

- Leslie A. Smallwood: $461.75 (Reimbursement of Costs)

- Antonio Lendell: $5,398.87

- Department of Public Welfare: $2,444.00

Lendell said in accordance with Federal Rules of Civil Procedure 2291 and 2064, the funds in question should have been deposited into a federally-insured bank and counsel should have attached and/or submitted a certificate of deposit.

Carrafiello further ordered all parties involved to appear for a hearing this past Monday, to show cause why the proceeds of the settlement Tucker approved in 1998 shouldn’t be released to Lendell. Carrafiello further ordered Lendell to provide proof of payment for the filing fees connected to his motions.

The plaintiff is represented by Smallwood in Philadelphia.

Philadelphia County Court of Common Pleas case 980900838

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

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