Acting on behalf of the estate of Tonya M. Focht, Pennsylvania attorney Timothy Daly filed suit against the Iron Order Motorcycle Club located at 6654 Blakemore Street in Philadelphia and Anna’s Bar-B-Q Pit, Ltd. located at 4741 Penn Avenue in Sinking Spring, Pennsylvania on July 7.
According to multiple sources, Focht, a student at Alvernia University in Reading. Pennsylvania and the mother of two children, was punched in the face and thrown into the path of an oncoming car as, according to published accounts, “two groups of people were fighting in the parking lot of the” Bar-B-Q Pit on June 19.
After her death her fiancé, Mark Groff wrote on his Facebook page that Focht, “lost her life…because she was attacked by members of the iron order mc cop club.” He also states, “I held Tonya Marie lying in their (the Bar-B-Q Pit’s) parking lot trying to save her.”
In a phone interview today, Daly said he had spoken to Berks County First Deputy District Attorney Jonathan Kurlin about a potential criminal case. “He told me that there would be no charges filed even though they know the identity of the man who threw Tonya into the path of the vehicle that ran her over. He also said that they were just as likely to charge Mark Groff, the deceased’s fiancé, in the incident.”
The document Daly filed ten days ago is called a “Writ of Summons.” Under the Pennsylvania rules of civil procedure, a lawsuit can begin with either a Writ of Summons or a Complaint. Suits that begin with a writ allow the complainant’s attorney to file discovery requests, or requests for additional information, before filing a civil complaint.
“We will need to file the full complaint in the near future, setting forth all of the details we have at that time,” Daly said. “We will also add parties when we receive credible information.”
Daly’s firm is Daly & Clemente of Phoenixville, Pennsylvania. He is interested in talking to witnesses who were at the Bar-B-Q Pit the night Focht died and his email address is [email protected]