HomeMy WebLinkAbout96-03636
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ALISON KOTZMOYER,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERI,AND COUNTY, PENNSYLVANIA
NO. () rr :; (, 1c-. ( I { I ( \ ('
CIVIL ACTION - LAW
ASSAULT AND BATTERY
v.
JOHN HOCKER,
NOTICE
TO DEFENDANT NAMED HEREIN:
You have been sued in Court. It you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing wIth the Court your defenses or
objections to the claims set forth against you, You are warned
that if you fail to do so, the case may proceed without you, and
a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff, You may lose
money or property or other rights important to you.
YOU SHOULD 'rAKE 'rHIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FOR'l'H BELOW TO FIND OUT WIIEHE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOH
Cumberland County Court House, 4th Flr,
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
Le han demand ado a usted enla corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partie de la fecha de la
demanda y la notificacion. Usted de be presentar una apariencia
escrita 0 en persona 0 pOI." abogado y archival." en la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y pOI." cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiedades 0 otros derechos importantes para usted.
ALISON KOTZMOYER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 'II., .-:1.. ,:t, (I, . I I., .
JOHN HOCKER,
Defendant
CIVIL ACTION - LAW
ASSAUL'l' AND 13AT'l'ER'l
COMPLAINT
AND NOW comes the Plaintiff, Alison Kotzmoyer, by and
through her attorneys, Friedman and Friedman, P.c., and brings
this cause of action against the Defendant and avers as followsr
1. The Plaintiff, Alison Kot?moyer, is an adult
individual residing at 93 Pleasant View Terrace, New Cumberland,
'lork county, Pennsylvania 17070,
2. The Defendant, John Hocker, is an adult individual
residing at 1710 Charles st., New cumberland, Cumberland county,
Pennsylvania 17070.
3. On or about the evening of January 28, 1995, the
Plaintiff was a passenger in a vehicle being driven by her sister
in a lawful and careful manner in a northerly direction on Bridge
Street in New Cumberland,
4. After the Plaintiff's sister made a left turn at
the traffic signal onto Lowther Road in Lemoyne, the Defendant
negligently, recklessly, and carelessly operated a 1992 Toyota
Camry so as to pull in front of the vehicle in which the
Plaintiff was a passenger so as to interfere with the Plaintiff's
vehicle's right of way, and which resulted in the driver of the
vehicle in which tha Plaintiff was a passenger sounding her horn
and slamming on her brakes,
5, After the above-referenced incident, the
Plaintiff's sister, the driver of the vehicle in which the
Plaintiff was a passenger, continued towards her destin~tion of
the Capital city Mall, her vehicle now being behind the
Defendant/s vehicle.
6. While traveling in a westerly direction on Old
Gettysburg Road in Camp Hill, and approaching the traffic signal
at the intersection of Old Gettysburg Road and Hartzdale Drive,
the Plaintiff/s sister pulled into the left lane in order to
prepare to make a left turn onto Hartzdale Drive, and the
Defendant remained in the right lane as if traveling straight
ahead.
7. Upon stopping his vehicle due to a red light, the
Defendant exited his vehicle and unsuccessfully attempted to open
the Plaintiff/s passenger side door,
COUNT I
8. The averments contained in paragraphs 1 through 7
above are incorporated herein as though more fully set forth at
length.
9. At the above-referenced date and place, the
Defendant assaulted the Plaintiff with his fist, and did punch
through the passenger window beside Which the Plaintiff sat/ and
did shatter the window, causing glass to be strewn onto the
Plaintiff, and causing the Plaintiff to be jerked about the
interior of the vehiole with great foroe and violence and to be
covered with glass particles.
10. As a result of the Defendant's assault and
battery, the Plaintiff suffered the following injuries I
a, A severe exacerbation of a pre-existing
cervical sprain/strain;
b. An exacerbation of a pre-existing lumbar
strain;
c. Pain in her chest;
d. Pain in her neck;
e. Pain in her low back;
f. Spasm in the Bcalene muscles bilaterally;
g. Decreased cervical range of motion;
h. Decreased grip strength;
i. Pain in the upper trapezius muscles, the
lateral cervical muscles, the mid-cervical
spinous processes, and the T-8 spinous
process;
j. Palpable muscle spasms in various muscles in
her neck and upper back;
k. Facial abrasions;
1. Pain and discomfort in her eyes and face;
m. Permanent facial scarring; and
n. Emotional and psychological pain and
suffering.
JUl. -013-[ '.1?6 1;2 :OJ?
---
, DEPT, ltlBOI<'.1I HJLJc 110,
','1','78~52.?';:" P.03 llJ
w:Jr"'-'"
- '0
ALISON KOTZMOYER,
Plaintiff
Defendant
IN 'rHE COUR'l' OF COMMON PLEAS
CUMBEHLANO COUWl'Y, PENNSYLVANI'"
NO, ql", -,-30 H" (}~U.l~l1L
CIVIL ACTION - LAW
ASSAULT AND BATTERY
v,
JOHN HOCKER,
NOTICE
TO DEF'ENDAN'l' NAMED HEREIN:
.
",
Vou havo been suod in Court, If you wish to defend against
the claims set forth in tho fallowing pages, you must take action
within twenty (20) days after this Complaint and Notice ara
sarved, by entering a written appearance p~rsonally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. Vou are warned
that if you fail to do so, the case may proceed without you, and
a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for any
other claim Qr relief requested by the Plaintiff, You may lose
money or property or other rights importallt to you.
YOU SHOULD TAKE 'rillS PAPER TO YOUR LAWYER AT ONCE. If YOU
DO NOT HAVE 1\ LAWYER OR clINNOT lIF'FORD ONE, GO TO OR TELEPHONE TilE
OFPICE SET FORTH BELOW TO FIND OUT WHERf: YOU CAN GET LEGAL HELP,
COURT ADMINISTRATOR
Cumberland County Court House, 4th FIr.
1 Courthouse Square
Carlisla, Pennsylvania 17013-3387
(717) 240-6200
La han demandado a usted enla corte. Si usted quiare
doEendersQ de estas demandas expueatas en las paginas siguiantes,
usted tiene viente (20) dins de plaza a1 partie de la facha de 1a
demanda y la notiEicacion. Usted debe presentar una apariencia
escrita 0 en persona 0 par abogado y nrchivar en la corte en
torma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no Sa defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previa aviao 0 notificacion y par cua1quier queja 0 alivio que es
pedido en 1a petician de demanda, Usted puede perder dinero 0
SUB propiedadoD 0 otros derechos importantes para usted.
"
1 lJEPT, Lf-lBor<& I fll)US TR','
71 '17835225 P, 05 10
ALISON KOTZMOYER,
Plaintiff
I IN TilE COURT 01" COMMON PLEAS
I CUMDERLAND COUNTY, PENNSYLVANIA
t
t NO.
t
t CtVIL ACTION - LAW
t ASSAULT AND BATTERY
v,
JOliN HOCKER,
Dehndllnt
tlOHl'LAIN'[
AND NOW como a th$ Plaintiff, Alison Kot7.moyer, by and
through her attornoys, Friodman Rnd Friodman, P,c., and bringB
this cause of /lction against the Defendant and aVers as tollowSI
1. l'he Plaintiff, Alison Kot?moyer, is an adult
individual residing at 93 Pleasant View Terrace, New Cumberland,
York County, Pennaylvania 17070,
2. The Defendant, John Hocker, is an adult individual
residing at 1710 Charles st" New Cumberland, Cumberland County,
PennsYlvania 17070,
3. On or about the evening of January 28, 1995, the
Plaintiff was a passenger in a vehiCle being driven by her sister
in a laWful and careful manner in a northerly direction on Bridge
street in New Cumberland,
4. After the Plaintiff's sister made a left turn at
the traffic signal onto Lowther Rood in Lemoyno, the Defendant
negligently, recklessly, and carelessly operated a 1992 Toyota
Camry so as to pull in front of the vehicle in which the
Plaintiff was a passengor so as to interfere with the Plaintiff'S
vehicle's right of way, and Which ~nsulted in the drivor of th~
""" ......
vehicle in which the plaintiff Was n passonger Bounding h,r horn
and sla~ing on her brakes,
5. After the above-referenced incident, the
Plaintiff's sister, the driver of the vehicle in which the
Plaintiff was a passenger, continued towards her destinstion of
the capital city Mall, her vehiclo now being behind the
Defendant's vehicle,
6. While traveling in a westerly direction on Old
Gettysburg Road in camp Hill, and approaching the traffic signal
at the intersection of Old Gettysburg Road and Hartzdale Drive,
the Plaintiff's sister pulled into the left lane in order to
prepare to make a left turn onto Ifartzdnle Drive, and the
Defendant remained in the right lane as if traVeling straight
ahaad.
9. At the above-referenced date and place. the
Defendant assaulted the Plaintiff with his fist, and did punch
through the passenger window beside Which the Plaintiff sat, and
did shatter the window, causing glass to be ntrewn onto the
Plaintiff, and causing the Plaintiff to be jarked about tho
>.,.
.,'
..
.,
interior of the vehicle with great torco and violonce and to
covered with glass partlclee,
10, As a reault of the Defendant's assault and
battery, the Plaintiff suttered the following injuries:
a. A aevere exacerbation ot a pro-existing
cervi~al sprain/strain;
b. An exacerbation of a pro-oxistinq lumbar
strain;
c. Pain in her choat;
d. Pain in her neck;
.. Pain in her low back;
f. Spasm in tho scaleno muscles bilaterally;
g. Decreased cervical range ot motion;
h, Decreased grip strength;
,
i.
Pain in the upper trapeziue muscles, tho
lateral cervical muscles, the mid-cervical
spinous proceases, and the T-8 spinous
procees;
j. Palpable muscle spasms in various musclee in
her neck and upper back;
" It, Facial abrasions;
1, Pain and discomfort il1 her eyea and tace;
m, Perlnanent facial scarring; and
n. Emotional and psychological pain and
suffering.
JlJL-OB-1996 12'10
'] OEPT, UIIJOR~ I NIJUS fRo
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11. As a further roault of the Defendant's Qsu6ult And
battery, the Plaintiff BUffered greAt pain, nnd boliav4s and
therefore overs that sho will continue to auffer recun'ing pain,
and wall hindered and prevented from performing and trilnsilctinq
her usual attairs and business,
12. As a fUt'ther result of the Defendant's assault and
battery, the Plaintiff was forced to obtain modical treAtment
tram VArious providers, and did incur the following medical
expenses endeavoring to cure herself of her injuriest
a. Richard M, Seldow, D,C.
b. Plastic Surgery Center., L.td.
c. Premier Eye Care Group, rnc,
$2,54J,OO
125,00
50,00
mIEREFORE, tho Plaintiff, Alison Kotzmoyer, demands
judgment against tha Defendant, John Hocker, in an amount in
excess of $25,000,00, and, therefore, not bound fot' compulsory
arbitration.
COUNT II
13. The averments contained in paragraphs 1 through 12
above are incorporated heroin as though more fully set forth at
length.
14, On the date of the assault and battery, the
Plaintiff was n seventeen (17) yeat' old minor child.
15, The malicious, reckless, and willful conduct on
the port of the Defendant was without p~ovocntion from the
Plaintiff/victim,
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JUL-08-19~6 12110
1 DEPT, U1EOf;&lfjIJusm't'
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WHEREFORE, the Pia intitf, Alison KotzmoYllr, dUlIltHln nil
award for aotual and punitive damagee as allowed by law in ~n
amount in eXoess of $25,000.00, Rnd, thorefore, not bound for
compulsory arbitration.
Reapectfully sUbmitted,
DatQI~~li70
17100
JFK/bptPleading$\AKotzmoyer.cmp
"
P. llJ/lll
;X,..!~...
VERI P'ICI\'I'rON
I, Alison Kotzmoyat, herQby acknOWledge that r ~m the
Plaintiff in the foregoing action; that I have read the foragoinq
complaint, and th~ facts stated therein arc true and correct to
the best of my knowledgo, information and belie!.
I understand that any talso statements herein are made
sUbjeot to penalties of 18 Pa, C,S, Section 4904, relating to
unSWorn falsification to authorities.
Datedl~ d5l,ft?,
~Yb~1
Al SOI\ Ko oyer
;
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ALISON KOTZHOYER,
Plaintiff
Defendant
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO, 96-3636 Civil
I
I CIVIL ACTION - LAW
I ASSAULT AND BATTERY
v.
JOHN HOCKER,
AMENDED COMPL~INT
AND NOW comes the Plaintiff, Alison Kotzmoyer, by and
through her attorneys, Friedman and Friedman, P.C., and brings
this cause of action against the Defendant and avers as follows:
1. The Plaintiff, Alison Kotzmoyer, is an adult
individual residing at 93 Pleasant View Terrace, New Cumberland,
York County, Pennsylvania 17070.
2. The Defendant, John Hocker, is an adult individual
residing at 1710 Charles st., New Cumberland, Cumberland County,
Pennsylvania 17070,
3. On or about the evening of January 28, 1995, the
Plaintiff was a passenger in a vehicle being driven by her sister
in a lawful and careful manner in a northerly direction on Bridge
Street in New Cumberland.
4. After the Plaintiff's sister made a left turn at
the traffic signal onto Lowther Road in Lemoyne, the Defendant
negligently, recklessly, and carelessly operated a 1992 Toyota
Camry so as to pull in front of the vehicle in which the
Plaintiff was a passenger so as to interfere with the Plaintiff's
vehicle's right of way, and which resulted in the driver of the
vehicle in whioh the Plaintiff was a passenger sounding her horn
and slamming on her brakes,
5. After the above-referenced incident, the
Plaintiff's sister, the driver of the vehicle in wllich the
Plaintiff was a passellger, continued towards her destination of
the Capital city Mall, her vehicle now being behind the
Defendant's vehicle,
6, While traveling in a Westerly direction on Old
Gettysburg Road in Camp Hill, and approaching the traffic signal
at the intersection of Old Gettysburg Road and Hartzdale Drive,
the Plaintiff's sister pulled into the left lane in order to
prepare to make a left turn onto Hartzdale Drive, and the
Defendant remained in the right lane as if traveling straight
ahead.
7. Upon stopping his vehicle due to a red light, the
Defendant exited his vehicle and Unsuccessfully attempted to open
the Plaintiff's passenger side door.
COUNT I
B. The averments contained in paragraphs 1 through 7
above are incorporated herein as though more fully set forth at
length.
9. At the above-referenced date and place, the
Defendant assaulted the Plaintiff with his fist, and did punch
through the passenger window beside which the Plaintiff sat, and
did shatter the window, causing glass to be strewn onto the
Plaintiff, and causing the Plaintiff to be jerked about the
r
,
.
"
I
~
.
I;
interior at the vehicle with great force and violence and to be
oovered with qlass particles.
10, As a result of the Defendant's assault and
battery, the Plaintiff suffered tho fallowing injuriesl
a. A severe exacerbation of a pre-existing
cervical sprain/strain,
b.
An exacerbation of a pre-existing lumbar
strain,
Pain in her chest,
Pain in her neck,
Pain in her low back,
c.
d.
e.
t. Spasm in the scalene muscles bilaterally;
g. Decreased cervical range of motion;
h. Decreased grip strength,
i. Pain in the upper trapezius muscles, the
lateral cervical muscles, the mid-cervical
spinous processes, and the T-8 spinous
process,
j. Palpable muscle spasms in various muscles in
her neck and upper back,
k. Facial abrasions,
1. Pain and discomfort in her eyes and face;
m. Permanent facial scarring; and
n. Emotional and psychological pain and
SUffering.
11. As a further result of the Oefendant's assault and
battery, the Plaintiff suffered great pain, and believes and
therefore avers that she will continue to suffer recurring pain,
and was hi.ndered and prevented from performi.ng and transacting
her usual affairs and business.
12. As a further result of the Defendant's assault and
battery, the Plaintiff was forced to obtain medical treatment
from various providers, and did incur the following medical
expenses endeavoring to cure herself of her injuries:
a. Richard M. Seldow, D.C,
b. Plastic surgery center, Ltd.
c. Premier Eye Care Group, Inc,
$2,543.00
125.00
50.00
WHEREFORE, the Plaintiff, Alison Kotzmoyer, demands
jUdgment against the Defendant, John Hocker, in an amount in
excess of $25,000.00/ and, therefore, not bound for compulsory
arbitration.
COUNT II
13. The averments contained in paragraphs 1 through 12
above are incorporated herein as though more fully set forth at
length.
14. On the date of the assault and battery, the
Plaintiff was a seventeen (17) year old minor child.
15. The assault and battery undertaken by the
Defendant, as averred in paragraphs 7 and 9 herein, was
outrageous/ willful and malicious, and without legal
justification or excuse,
, I
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ALISON KOTZMOYER,
Plaintiff
v.
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-3636 civil
JOHN HOCKER,
Defendant
CIVIL ACTION - LAW
ASSAULT AND BATTERY
~NDED COMPLAINT
AND NOW comes tho Plaintiff, Alison Kotzmoyer, by and
through her attorneys, Friedman and Friedman, P.C., and brings
this cause of action against the Defendant and avers as follows:
1, The Plaintiff, Alison Kotzmoyer, is an adult
individual residing at 93 Pleasant View Terrace, New Cumberland,
York county, Pennsylvania 17070.
2. The Defendant, John Hocker, is an adult individual
residing at 1710 Charles St., New Cumberland, Cumberland County,
Pennsylvania 17070.
3. On or about the evening of January 28, 1995, the
Plaintiff was a passenger in a vehicle being driven by her sister
in a lawful and car.eful manner in a northerly direction on Bridge
street in New Cumberland.
4. After the Plaintiff's sister made a left turn at
the traffic signal onto Lowther Road in Lemoyne, the Defendant
negligently, recklessly, and carelessly operated a 1992 Toyota
Camry so as to pull in front of the vehicle in which the
Plaintiff was a passenger so as to interfere with the Plaintiff's
vehicle's right of way, and which resulted in the driver of the
vehicle in which the Plaintiff was a passenger sounding her horn
and slamming on her brakes.
5. After the above-referenced incident, the
Plaintiff's sister, the driver of the vehicle in which the
Plaintiff was a passenger, continued towards her destination of
the Capital City Mall, her vehicle now being behind the
Defendant's vehicle.
6. While traveling in a westerly direction on Old
Gettysburg Road in Camp Hill, and approaching the traffic signal
at the intersection of Old Gettysburg Road and Hartzdale Drive,
the Plaintiff's sister pulled into the left lane in order to
prepare to make a left turn onto Hartzdale Drive, and the
Defendant remained in the right lane as if traveling straight
ahead.
7. Upon stopping his vehicle due to a red light, the
Defendant exited his vehicle and unsuccessfully attempted to open
the Plaintiff's passenger side door,
COUNT I
8. The averments contained in paragraphs 1 through 7
above are incorporated herein as though more fully set forth at
length.
9. At the above-referenced date and place, the
Defendant assaulted the Plaintiff with his fist, and did punch
through the passenger window beside which the Plaintiff sat, and
did shatter the window, causing glass to be strewn onto the
Plaintiff, and causing the Plaintiff to be jerked about the
~
interior ot the vehicle with greet foroe and violenc~ and to be
aov.red with glass partiales.
10. As a result of the Defendant's assault and
battery, the Plaintift BUffered the following injuries I
a, A severe exacerbation of a pre-existing
cervical sprain/strain;
b. An exacerbation of a pre-existing lumbar
strain;
o. Pain in her chest;
d. Pain in her necki
e. Pain in her low backi
t. Spasm in the scalene muscles bilaterally;
g. Decreased cervical range of motion;
h. Decreased grip strength;
i. Pain in the upper trapezius muscles, the
lateral cervical muscles, the mid-cervical
spinous processes, and the T-8 spinous
process;
j. Palpable muscle spasms in various musoles in
her neck and upper back;
k. Facial abrasions;
1, Pain and discomfort in her eyes and facei
m. Permanent facial scarringi and
n. Emotional and psychological pain and
SUffering.
11. As a further result of the Defendant's assault and
battery, the Plaintiff suffered great pain, and believes and
therefore avers that she will continue to suffer. recurring pain,
and was hindered and prevented from performing and transacting
her usual affairs and business,
12. As a further result of the Defendant's assault and
battery, the Plaintiff was forced to obtain medical treatment
from various providers, and did incur the following medical
expenses endeavoring to cure herself of her injuries:
a. Richard M. Seld~w, D,C.
b. Plastic Surgery Center, Ltd,
c. Premier Eye Care Group, Inc.
$2,543,00
125,00
50.00
WHEREFORE, the Plaintiff, Alison Kotzmoyer, demands
jUdgment against the Defendant, John Hocker, in an amount in
excess of $25,000.00, and, therefore, not bound for compulsory
arbitration.
COUNT II
13. The averments contained in paragraphs 1 through 12
above are incorporated herein as though more fully set forth at
length.
14. On the date of the asnault and battery, the
Plaintiff was a seventeen (17) year old minor child.
15. The assault and battery undertaken by the
Defendant, as averred in paragraphs 7 and 9 herein, was
outrageous, willful and malicious, and without legal
justification or excusp..
ALISOl~ KOTZMOYER I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I No. 96-3636 Civil
I
I CIVIL ACTION - LAW
JOHN HOCKER I ASSAULT
ORDER
AND NOW, this
day of
, 199, upon
consideration of Defendant's Preliminary Objections to Plaintiff's
Complaint, IT IS HEREBY ORDERED AND DECREED that Count II of the
Plaintiff's Complaint be dismissed,
BY THE COURT:
J.
v.
IN 'I'm: COUH'I' OF COMMON PLEAS
CUMI3WLANll COUNTY, Pl::NNSYLVl\tllA
NO. 96-~636 civil
ALISON KOTZMOYEH,
PlaintH(
Defendant
CIVIL ACTION - LAW
ASSAULT ANn BATTERY
JOliN HOCKER,
NOTIC~;
TO DEFENDANT NAMED HEREIN:
You have been sued in Court, If you wish to defend against
the cl~ims set forth in the following pages, you must take action
within twenty (20) days after this Amended complaint and Notice
are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so, the case may proceed without you, and
a judgment may be entered against you by the Court withQut
further notice for any money claimed in the Amended Complaint or
for any other claim or relief requested by the Plaintiff, You
may lose money or property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COUR'l' ADMINISTRA'l'OR
Cumberland County Court House, 4th FIr.
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
Le han demandado a usted enla corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partie de la fccha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona, Sea avisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notiticacion y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiedades 0 otros derechos import antes para usted.
ALISON KO'l'ZMOYEH,
PlaintifC
Defendant
IN 'l'IIE COUH'l' OF COMMON PLEAS
CUMI3EJU.ANO COUN'l'Y, PENNSYLVANIA
NO. 96-3636 civil
CIVIL ACTION - LAW
ASSAULT AND BATTEHY
v.
JOHN HOCKER,
AMENDER-COMPLAINT
AND NOW comes the Plaintiff, Alison Kotzmoyer, by and
through he~ attorneys, Friedman and Friedman, P.C., and brings
this cause of action against the Defendant and avers as follows:
1. The Plaintiff, Alison Kotzmoyer, is an adult
individual residing at 93 Pleasant View Terrace, New Cumberland,
York County, Pennsylvania 17070.
2. The Defendant, John Hocker, is an adult individual
residing at 1710 Charles st" New Cumbe~land, Cumberland County,
Pennsylvania 17070.
3. On or about the evening of January 28, 1995, the
Plaintiff was a passenger in a vehicle being driven by her sister
in a lawful and careful manner in a northerly direction on Bridge
street in New Cumberland.
4, After the Plaintiff's sister made a left turn at
the traffic signal onto Lowther Road in Lemoyne, the Defendant
negligently, recklessly, and carelessly operated a 1992 Toyota
Camry so as to pull in front of the vehicle in which the
Plaintiff was a passenger so as to interfere with the Plaintiff's
vehicle's right of way, and which resulted in the driver of the
vehicle in which the Plnintiff war,) .1 pnllIJCtI(jc'r 13011nding hor horn
and slamming on her brakes,
6. After the above-referenced incident, the
Plaintiff's sister, the driver of the vehicle in which the
Plaintiff was a passenger, continued towards her destination of
the Capital City Mall, her vehicle now being behind the
Defendant's vehicle,
6. While traveling in a westerly direction on old
Gettysburg Road in Camp Hill, and approaching the traffic signal
at the intersection of Old Gettysburg Road and Hartzdale Drive,
the Plaintiff's sister pulled into the left lane in order to
prepare to make ft left turn onto Hartzdale Drive, and the
Defendant remained in the right lane as if traveling straight
ahead.
7. Upon stopping his vehicle due to a red light, t.he
Defendant exited his vehicle and unsuccessfully attempted to open
the Plaintiff's passenger side door,
COUNT I
8. The averments contained in paragraphs 1 through 7
above are incorporated herein as though more fully set forth at
length.
9. At the above-referenced date and place, the
Defendant assaulted the Plaintiff with his fist, and did punch
through the passenger window beside which the Plaintiff sat, and
did shatter the window, causing glass to be strewn onto the
Plaintiff, and causing the Plaintiff to be jerked about the
ALISON KOTZMo\' lH,
I'laintirr
v.
III '!'IIE COURT OF COMMON PLEAS
CUMUEMLAND COUNTY, PENNSYLVANIA
No. 96-3636 Civil
JOliN HOCKER,
Defendant
CIVIL ACTION - LAW
ASSAULT AND BATTER\'
Non CE
TO DEFENDANT NAMED HEREINt
You have been sued in Court. If you wish to defend against
the claims Bet forth in the following pages, you must take action
within twenty (20) days after this Amended Complaint and Notice
are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so, the case may proceed without you, and
a judgment may be entered against you by the Court without
further notice for any money claimed in the Amended Complaint or
for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
Cumberland County Court House, 4th FIr.
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
Le han demandndo a usted enla corte. si usted quiere
defenderse de estas demnndas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partie de la fecha de 1a
demanda y 1a notificacion. Usted de be presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en 1a corte en
forma escrita sus defensas 0 sUs objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notif\cacion y por cualquier queja 0 a1ivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
SUs propiedades 0 otros derechos importantes para usted.
ALISON l<OTZMOYEM,
Plaintiff
v.
IN 'rilE couln or COMMON I'LEJ\S
CUMI3EHL1\NP COUNTY, PENNSYLVMllA
NO. 96-3636 civil
JOHN HOCl<ER,
Defendant
CIVI L Ac'rIoN - LAW
ASSAULT AND BATTERY
~11IT
AND NOW comes the Plaintiff, Alison l<otzmoyer, by and
through her attorneys, Friedman and Fr.iedman, P.c., and brings
this cause of action against the Defendant and avers as follows:
1. The Plaintiff, Alison l<otzmoyer, is an adult
individual residing at 93 Pleasant View Terrace, New Cumberland,
York County, Pennsylvania 17070.
2. The Defendant, John Hocker, is an adult individual
residing at 1710 Charles st., New Cumberland, Cumberland county,
Pennsylvania 17070.
3. On or about the evening of January 28, 1995, the
Plaintiff was a passenger in a vehicle being driven by her sister
in a lawful and careful manner in a northerly direction on Bridge
street in New Cumberland.
4. After the Plaintiff's sister made a left turn at
the traffic signal onto Lowther Road in Lemoyne, the Defendant
negligently, recklessly, and carelessly operated a 1992 Toyota
Camry so as to pull in front of the vehicle in which the
Plaintiff was a passenger so as to interfere with the Plaintiff's
vehicle's right of way, and which resulted in the driver of the
vehicle in which the PIli inti ff \IiHl .} pllGsenger sounding her horn
and slamming on her brakes.
5. After the above-referenced incident, the
plnintiff's sister, the driver ot tho vehicle in which the
Plaintiff was a passenger, continued towlIrds her destination of
the Capital city Mall, her vehicle now being behind the
Defendant's vehicle.
6. While traveling in a westerly direction on Old
Gettysburg Road in Camp Hill, and approaching the traffic signal
at the intersection of Old Gettysburg Road and Hartzdale Drive,
the Plaintiff's sister pulled into the left lane in order to
prepare to make a left turn onto Hartzda1e Drive, and the
Defendant remained in the right lane as if traveling straight
ahead.
7. Upon stopping his vehicle due to a red light, the
Defendant exited his vehicle and unsuccessfully attempted to open
the Plaintiff'S passenger side door.
COUNT I
8. The averments contained in paragraphs 1 through 7
above are incorporated herein as though more fully set forth at
length.
9. At the above-referenced date and place, the
Defendant assaulted the Plaintiff with his fist, and did punch
through the passenger window beside which the Plaintiff sat, and
did shatter tile window, causing glass to be strewn onto the
Plaintiff, and causing the Plaintiff to be jerked about the
-
interior of tho vehicle with grellt force and violence ond to bo
covered with glass particles.
10. As a result of the Defendant's assault and
battery, the Plaintiff suffered the following injuriesl
a. A severe exacerbation of a pre-existing
cervical sprain/strain;
b.
An exacerbation of a pre-existing lumbar
strain;
Pain in her chest;
Pain in her neck;
Pain in her ~ow back;
c.
d.
e.
f. Spasm in the scalene muscles bilaterally;
g. Decreased cervical range of motion;
h. Decreased grip strength;
i. Pain in the upper trapezius muscles, the
lateral cervical muscles, the mid-cervical
spinous processes, and the T-8 spinous
process;
j. Palpable muscle spasm~ in various muscles in
her neck and upper back;
k. Facial abrasions;
1. Pain and discomfort in her eyes and face;
m. Permanent facial scarring; and
n. Emotional and psychological pain and
SUffering.
16. The Defendant'& Actions, as AVerr~d in paragraphs
7 and 9 herein, were undertaken solely with the intent to harm
the Plaintiff.
17. The malicious, outrageous, and willful conduct on
the part of the Defendant, as averred in paragraphs 7 and 9
herein, was without provocation from the Plaintiff/victim.
WHEREFORE, the Plaintiff, Alison Kotzmoyer, demands an
award for actual and punitive damages as allowed by law in an
amount in excess of $25,000.00, and, therefore, not bound for
compulsory arbitration.
Dat~l~ ~)\,q~
Respectfully submitted,
FRIEDMAN, P.C.
/
F. l< ng,
N. Second Stre
Pe house Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
JFK/bpIPleadings\AKotzmoyer.cmp
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PHAEC I I'J:!J'O}1 1!.IF~l!,!<_; _<:~!;_!~_IOH.~.I!GI!!:l}'!i'!'
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(Huut be typ.!Wriltl!ll mKl t1ubnJ.ttoo in duplicate)
TO TilE I'ROTHONO'I'AllY Of' CUMU~~llLANll COUNTY c
rlem,c UlIt tile witlllIl 11~lt:ler for the next Aruuoont Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
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ALISON Karm:JYIJR.
JaIN 1I0a<ER,
( Defend.llnt )
No.
3636
Civil
19
96
1. State matter to be argued (Le., plaintiff's motion for new trial, defend.llnt's
denurrer to CaTqllaint, etc.):
Preliminary Cbjcctions of lbfcnu3Ilt to Plaintiff's AntlnJcu Conlllnint.
2. Identify counsel who will argue case:
(a) for plaintiff: ,John F, King, Esquire
Address: 600 N. Seconu St., 5th HI',. Harrisburg, PA 17101
(b) for defendant:
Address :
Hobert B, ~lacIntyrc, Esquire
5201 Jonest<Mn Ild., P. O. Box 6656, Harrisburg, PA 17112
3. I....ill notify all parties in writing within h<<> days that this case has
been listed for argtJrellt.
4 . ArgLment Court Oilte:
October 2, 199<>
Dated: Augw; t
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PONNY It ANOERSON
Chili Clpuly
HOFACE A JOHNSCN
e~IICllcr
OFFICE OF THE SHERIFF
AUDREY a AOAME
Pili all. II OIPuty
Court Houee
Carlisle, Pennsylvania 17013
TO:
lion. William 1I0Sp. RE:
York County Sheriff's Dept.
26 Eaat Market St.
York, PA 17401
.John Bocker
VS
8li?abeth Kot?moyer
No. 96-3636 Civil Term
Writ of Summons Against Addtl Deft
Dear Sir:
EnclosedplellSefindv.Titof Writ of SummoMs Against AddU Deft
to be served upon 811?abeth Kot?moyer at 93 Pleas an t View Terrace,
New Cumberland, PA 17070
in your County.
Kindly made service thereof and send us your bill of costs and [ will mail a check for
same, or enclosed is advc.nce costs which you request.
Very truly yours.
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R. THO~IAS KU:-':E. Sheriff
Cumberland County. PennsylvaniCl
Enclosures:
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EXhibit A
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ALISON l<OTZMOYER,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERDAND COUNTY, PENNSYLVANIA
NO. 96-3636 civil
CIVIL ACTION - LAW
ASSAULT AND BATTERY
v.
JOliN HOCl<ER,
NOTICE;
TO DEFENDANT NAMED HEREIN:
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Amended Complaint and Notice
are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do 60, the case may proceed without you, and
a judgment may be entered against you by the Court without
further notice for any money claimed in the Amended Complaint or
for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A'l' ONCE. IF YOU
DO NOT HAVE A I,AWYER OR CANNO'f AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FOR'l'1I BELOW 'fO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
Cumberland County Court House, 4th FIr.
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
Le han demandado a usted enla corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partie de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende,
1a corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es
pedido en 1a peticion de demanda. Usted puede perder dinero 0
sus propiedades 0 otros derechos importantes para usted.
~C\. ~\ .,",
ALISON KOTZMOYER,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3636 civil
CIVIL ACTION - LAW
ASSAULT AND BATTERY
v.
JOHN HOCKER,
AMENDED COMPLAINT
AND NOW comes the Plaintiff, Alison Kotzmoyer, by and
through her attorneys, Friedman and Friedman, P.C., and brings
this cause of action against the Defendant and avers as follows:
1. The Plaintiff, Alison Kotzmoyer, is an adult
individual residing at 93 Pleasant View Terrace, New Cumberland,
York County, Pennsylvania 17070.
2. The Defendant, John Hocker, is an adult individual
residing at 1710 Charles st., Now Cumberland, Cumberland county,
Pennsylvania 17070.
3. On or about the evening of January 28, 1995, the
Plaintiff was a passenger in a vehicle being driven by her sister
in a lawful and careful manner in a northerly direction on Bridge
Street in New Cumberland.
4. After the Plaintiff's sister made a left turn at
the traffic signal onto Lowther Road in Lemoyne, the Defendant
negligently, reckless1y, and carelessly operated a 1992 Toyota
camry so as to pull in front of the vehicle in which the
Plaintiff was a passenger so as to interfere with the Plaintiff's
vehicle's right of way, and which resulted in the driver of the
vehio1e in which the Plaintiff was a passenger sounding her horn
and slamming on her brakes.
5. After the above-referenced incident, the
Plaintiff's sister, the driver of the vehicle in which the
Plaintiff was a passenger, continued towards her destination of
the capital city Mall, her vehicle now being behind the
Defendant's vehio1e.
6. While traveling in a westerly direction on old
Gettysburg Road in Camp Hill, and approaching the traffic signal
at the intersection of Old Gettysburg Road and Hartzdale Drive,
the Plaintiff's sister pulled into the left lane in order to
prepare to make a left turn onto Hartzda1e Drive, and the
Defendant remained in the right lane as if traveling straight
ahead.
7. Upon stopping his vehicle due to a red light, the
Defendant exited his vehicle and unsuccessfully attempted to open
the Plaintiff's passenger side door.
COUNT I
8. The averments contained in paragraphs 1 through 7
above are incorporated herein as though more fully set forth at
length.
9. At the above-referenced date and place, the
Defendant assaulted the Plaintiff with his fist, and did punch
through the passenger window beside which the Plaintiff sat, and
did shatter the window, causing glass to be strewn onto the
Plaintiff, and causing the Plaintiff to be jerked about the
1t. As a further result of the Defendant's assault and
battery, the Plaintiff suffered great pain, and believes and
therefore avers that she will continue to suffer recurring pain,
and was hindered and prevented from performing and transacting
her usual affairs and business.
12. As a further result of the Defendant's assault and
battery, the Plaintiff was forced to obtain merlica1 treatment
from various providers, and did incur the following medical
expenses endeavoring to cure herself of her injuries:
a. Richard M. Se1dow, D.C.
b. Plastic Surgery Center, Ltd.
c. Premier Eye Care Group, Inc.
$2,543.00
125.00
50.00
WHEREFORE, the Plaintiff, Alison Rotzmoyer, demands
judgment against the Defendant, John Hocker, in an amount in
excess of $25,000.00, and, therefore, not bound for compulsory
arbitration.
COUNT II
13. The averments contained in paragraphs 1 through 12
above are inccrporated herein as though more fully set forth at
length.
14. On the date of the assault and battery, the
Plaintiff was a seventeen (17) year old minor child.
15. The assault and battery undertaken by the
Defendant, as averred in paragraphs 7 and 9 herein, was
outrageous, willful and malicious, and without legal
justification or excuse.
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exhibit B
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96.099
I,AW OFFICES OF DONAI,D R. DORER
3907 IIllrtzdule Ilrlve, Suite 706
Cllmp 1111I, IJA 17011
Telephone Number: (717) 731.0988
Attorneys for Defendunt, John lIocker
ALISON KOl'ZMOYlm, PLAIN11FF
IN TilE COURT OF COMMON PLEAS
CUMllERLANJ> COUNTY, PENNSYLVANIA
vs.
No. 96-3636 CIVIL
JOlIN HOCKER, DEFENJ>ANT
CIVIL AcrION. LAW
JURY TRIAL DEMANDED
VERIFICATION
I, John Hocker , verify Ihat the statements made in the foregoing
Answer of Defendant, fu1mJJ:ocker, to Plaintiffs Complaint
which are within the personal knowledge of the undersigned, are lJ1Je and correct, and as to
the facts based on the infonnation of others, the IIl1dersigned, after diligent inquiry, believe
them to be true. And further, this Veritication is signed on the recommendation of my
allomeys, who advise me lhatthe allegations and language in this document arc required
legally to raise issues for resolution at trial, by the Court, or by continuing investigation and
preparation for trial. I understood that some of these allegations may prove inappropriate
after investigation and trin.1 preparation arc complete and I leave the detennination of these
malleI'S to my allomeys on their advice.
I understand that all statements herein are made subject to the penalties of 18
Pa.C.S.A. ~4904, relating to IInswom falsifications to authorities.
Dated:
Jolt7At
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~d/_
IOIln Hocker
96-099
LAW OFFICES OF nONALD R. DORER
3907 lIartzdale Drive, Suite 706
Camp Hili, IJA 17011
Telephone Number: (717) 731-0988
Attorlley~ for J>efelldullt, John Hocker
ALISON K01'lMOVER, 1'J.AINml'
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
.JOliN HOCKER. J)EfENIlANT
No. 96-3636 CIVIL
VS.
EUZABETlI KOTZI\IOYER,
ADIlITIONAL DEFENIlANT
CIVIL ACTION . LAW
.JURV TRIAL DEMANDED
VERIFICATION
DONALD R. DORER, ESQUIRE, hereby Slales lhal he is altorney for the Defendant
in this actioll, and is authorized to verify thaI lhe stalemeJlls made in the foregoing pleading
are true and COITeClto the besl of his knowledge, infonllluion and belief. The undersigned
understands that the statemenls therein are made subjcctto the penalties of 18 Pa.C.S.A.
g4904 relating to unsworn falsification to authorities.
L~/) ..~..
DO ALD R. DORER, ESQUIRE
Altomey for Defendant, John Hocker
Dated:
October 18. 1996
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TO nm PROnWNOTARY OF CUMBERLAND COUNTY:
Plcasc IIsl thc following CIISC (chccK onc):
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( x) for JURY trlnllll thc ncxt tcnn of civil court.
( ) for IrllIl without a .Jury.
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CAPTION OF CASE:
(Entire Cuplion Must Bc SUllcd In Full)
(Check One)
( AssulllJlslI
( ) TresJluss
Alison KotzllIoyer.
( x) Trespllss (Motor Vehicle)
( )
(Pllllnllft)
IOt/u:r)
VS,
John Hocker,
'111< Irinl II" will he </llled un
OCluher 14. 1997
Trin'" l'()I11I11~n(~ on
NuvelliliITJn. 1991
(Defendlllll)
Pre-trilllN will he held on (ll-roher 22. 191)7
IIlritf. Ir\! due .~ .1.),. heloln: Ilr~ Iri.I..)
(Ill..: plll1)' IiMitllZ lhi. UbC tilr Irilll hlulll'rtl\Ihlc l.n1hwilh II l'lljl)' nf rhe:
I'rHc..;ipc III .J1l'tlllllM'I, IllJUlJ',ll 1.1 1.1\,'.1 ~HII! 21".1,)
No. 96-~ Civil_ 19 96
Indicate the allomey who willlry case for Ihe party who files this pracclpc: Donald R. Dorcr. Esquirc.
Allomey for o.:fendanl. Rubinate...Jnc.gbs & Saba, 214 Sellilk.AYJ:1lli~fu!i!L503. Camp Hill. Penll!ij:'lvania~
17011: (17) 731-0988. _
Indicatc trial counsel for other panics if known: John F. King. E~!lillre. Allo.n.lcy for Plaintiff. Fricdman &
Erlcdman. P.C.. 600 Nonh Second Street. Penthou,lc Suite. P.O. Box 9H4. Harrili!llirJ:....EldIlli)'lYJlDia. 1710L
1717) 236.8000. _
Additional Counsel: -RQben B. MacIntyre. Esquire, Macllllyre & MacIntyre. 5201 Joncstown Road. Harrisburg.
FrnruiylY.'I!lia 17112: (717) 6~:2185. ~
/
This casc is ready for trial.
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Signedf / ' ',.
Print ~alTle:-1;!Q!IJl.!\L.lL.Dorer. Esquire
AlIomcy for: Defcllil.il111-
Date: September 17. 1997