Kocis Estate Wins Suit Against Harlow & Joe

The Times Leader is reporting that the estate of a gay porn producer stabbed to death in his Dallas Township home has won a lawsuit against the man’s suspected killers.

But how much in damages the estate will be awarded remains unclear.

Michael Kocis, the father of Bryan Kocis, filed suit in January against Harlow Cuadra and Joseph Kerekes.

Michael Kocis’ suit, filed in Luzerne County Court of Common Pleas, claimed Cuadra and Kerekes entered Bryan Kocis’ home and “jointly” or “separately” caused Bryan Kocis’ death and destroyed the home and property.

But neither suspect responded to the suit, according to court papers. That led to a default judgment being entered against both of them last week, and a judgment entered in favor of the estate, Michael Kocis’ attorney, Conrad Falvello said Tuesday.

Falvello said he has not even heard from any attorney on behalf of the men.

And unless they make a motion to reverse the default judgment, the case will proceed to a trial just to determine damages, he said.

Both suspects claim to be indigent and are represented in their criminal case by publicly funded attorneys.

But Falvello said he heard the suspects had assets seized by federal authorities in Virginia.

He is trying to ensure, through the suit, that Bryan Kocis’ family would be entitled to those assets.

The insurance carrier for the home is also involved in the suit to see if it is entitled to damages for the fire, Falvello said.
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Previous news & posts about the wrongful death suit:

A Suit in Wolf's Clothing
Kocis v. Cuadra and Kerekes
Porn Producer's Father Sues Suspected Killers

A Suit in Wolf's Clothing?

Ever since the Wrongful Death Suit was filed by Michael Kocis/Bryan Kocis' Estate against Harlow Cuadra and Joseph Kerekes on Monday, there seems to be some questions as to the validity of such a suit... namely based on this statute under PA law:

"42 Pa. Cons. Stat. § 9145: Immunity from service of process in certain civil actions.

A person brought into this Commonwealth by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings, to answer which he is being or has been returned, until he has been convicted in the criminal proceeding or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited."

Let us all remember that Harlow and Joe chose to fight extradition, which ultimately required a Governor's Warrant to send them on their merry way to PA... so this statute does not apply since neither waived extradition. Seems pretty cut and dry really... so I'm not sure why it's become so difficult for some to comprehend.

Also notice the words "certain civil actions". If Kocis' estate was not able to file this suit now, one would think Kerekes' attorney John Pike would have said a little more than just "the filing of a civil suit alongside a murder trial is rare". Contrary to some beliefs... these folks aren't amateurs.

Kocis vs. Cuadra & Kerekes

After yesterday's surprise court filing by Bryan Kocis' father Michael... we're now given a little more information about the wrongful death suit against accused murder suspects Harlow Cuadra and Joseph Kerekes:

According to the Times Leader: Michael Kocis’ attorney, Conrad Falvello, said he’s unsure whether the suspects have any assets to recover for damages, but the family has a “fiduciary duty to at least pursue” that and see “if there are any assets that may be recoverable.”

“It was not something the family just wanted to give up on,” he said. “We’re going after them.”

The suit, filed in Luzerne County Court of Common Pleas, claims Cuadra and Kerekes entered Bryan Kocis’ home and “jointly” or “separately” caused Bryan Kocis’ death and destroyed the home and property.

The home, from which Bryan Kocis operated his business, had a fair market value of at least $170,000, and the personal property and other contents had a fair market value of at least $150,000, the suit said.

The death, the suit said, was caused by the “carelessness, recklessness, negligence, and/or wanton disregard for” Bryan Kocis.

“(Bryan Kocis) was caused to die from the fatal injuries sustained at the hands of the defendants,” Falvello wrote in the suit.

The Kocis family has incurred many bills and suffered from mental and physical pain, suffering and anguish, the suit said.

Meanwhile the Citizen's Voice reports: “It’s just something they felt obligated to pursue,” said Conrad Falvello, Michael Kocis’ lawyer. “We don’t know what we’re going to get. We don’t know yet if (Cuadra and Kerekes) have any money, or any insurance.”

The filing of a civil suit alongside a murder trial is rare, said John Pike, one of three court-appointed lawyers representing Kerekes.

According to court documents, the family is seeking damages to cover income Bryan Kocis would have made running his Cobra Video Web site had he not been killed, funeral expenses the destruction of his home and possessions inside as well as the cost of the civil suit.

Many of the assets Cuadra and Kerekes shared in Virginia Beach — including a business account totaling $26,000, a Dodge Viper, Chevrolet Corvette, Honda Civic and a BMW — were forfeited to the Commonwealth of Virginia in August in an unrelated racketeering case.

The two were left with only their $500,000 home, which at the time of the forfeiture held a hefty mortgage.

Falvello would not identify any sort of goal for the suit, but court documents filed by him Monday morning list the combined fair market value of the destroyed house and possessions inside as $320,000.

It is unclear who will defend Cuadra and Kerekes in the suit. Both men are represented by court-appointed attorneys in their criminal case.

Porn Producer's Father Sues Suspected Killers

Update @ 12:57 PM: The caption of the suit is: Michael Kocis, Executor of the Estate of Bryan C. Kocis, deceased, vs. Harlow Raymond Cuadra and Joseph Manuel Kerkes.

The Case Number is: 117 of 2008.

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According to breaking news from the Times Leader, the father of a slain porn producer filed a lawsuit Monday against the producer’s suspected killers.

Michael Kocis, the father of Bryan Kocis, filed suit against Harlow Raymond Cuadra and Joseph Manuel Kerekes.

Cuadra, 26, and Joseph Kerekes, 34, are charged with homicide in the Jan. 24, 2007, slaying of Kocis, a gay porn producer. Investigators claim the two Virginia men killed Kocis, their rival in the gay porn industry, inside his Dallas Township home and then set the house on fire.

Kocis, 44, was found dead by firefighters.

Prosecutors are seeking the death penalty.

Michael Kocis, through Sugarloaf-attorney Conrad Falvello, filed the suit in Luzerne County Court of Common Pleas.

The suit seeks an unspecified amount of damages for wrongful death and destruction of property.