PHILADELPHIA – A plaintiff believes the pub and law firm she settled with before a prospective lawsuit was undertaken have not paid her the full balance of previously agreed-upon settlement funds.
Before litigation could begin, Kimberly Nyszczota of Philadelphia settled with Dagwood’s Pub, also of Philadelphia, and Selective Law Group of Springfield in the Philadelphia County Court of Common Pleas.
Nyszczota was injured during an incident that allegedly occurred at Dagwood’s Pub on Feb. 28, 2015. The parties entered into a settlement prior to litigation being commenced, with the final settlement amount totaling $17,000. Per court records, the release was executed Dec. 19 and forwarded to defendants on Dec. 20. The defendants forwarded a check in the amount of $10,248.75, leaving a remaining balance of $6,751.25.
Despite a number of follow-up contact attempts, the plaintiff says the defendants have refused to pay the appropriate amounts due and owing.
This led the plaintiff to file a motion to enforce the settlement on Feb. 20. Judge Abbe F. Fletman has ordered a hearing in this matter to take place on March 13, where the plaintiff may serve a copy of the settlement enforcement motion upon the defendants and their attorneys personally or otherwise.
The plaintiff is seeking the previously agreed-upon settlement funds still outstanding of $6,751.25, plus interest at the rate of six percent beginning on the 21st day after the release was executed to the date of delivery of settlement funds, plus reimbursement of $750.00 for attorney’s fees and costs, $328.48 for filing fees and $110.30 for service fees.
The plaintiff is represented by Frank Campese Jr. in Philadelphia.
Philadelphia County Court of Common Pleas case 170204535
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org