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BAKER v. HAWKS

127 Pa.Commw. 92 (1989)

560 A.2d 939

Patrick A. BAKER, Appellant, v. Garland E. HAWKS, Mark A. Sowers and Red Lion Police Department, Appellees.

Commonwealth Court of Pennsylvania.

Decided June 29, 1989.

Attorney(s) appearing for the Case

David M. Pollick, Steven B. Spector, Law Office of Dale E. Anstine, P.C., York, for appellant.

Robert J. Stewart, Val E. Winter, Liverant, Senft and Cohen, York, for Garland E. Hawks.

Charles W. Craven, Marshall, Dennehey, Warner, Coleman and Goggin, L. Rostaing Tharaud, Philadelphia, for Sowers & Red Lion Police Dept.

Before CRUMLISH, Jr., President Judge, McGINLEY, J., and NARICK, Senior Judge.

NARICK, Senior Judge.

Patrick A. Baker (Appellant) appeals from an order of the Court of Common Pleas of York County which granted Officer Mark A. Sowers' (Sowers') and the Red Lion Police Department's (Police Department's) motion for judgment on the pleadings. We reverse.

The facts may be summarized as follows. On October 29, 1986, at approximately midnight, Appellant was riding as a passenger in a...

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