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Home My WebLink About05-1296 Metzger, Wickersham, Knauss & Erb, P.C. By: Edward E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 eek(alrnwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID J. MASSIE, v. CIVIL ACTION - LAW TWEET, INC., tldfb/a TWEET'S RUMORS, and tldfb/a RUMORS BAR & GRILL, 251 Enola Road Enola, Cumberland County, PA, Defendant NO. t)_.;-. J;Jtj (p I:4uI JURY TRIAL DEMANDED NOTICE TO: Tweet, Inc., t/dfb/a Tweet's Rumors, and tld/b/a Rumors Bar & Grill 251 Enola Road Enola, P A 17025 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 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, property, or other rights important to you. 323094 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. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717) 249-3166 (800) 990-9108 323094 Metzger. Wickersham, Knauss & Erb, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 eek@mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID J. MASSIE, v. CIVIL ACTION - LAW TWEET, INC., t/dlb/a TWEET'S RUMORS, and t/dlb/a RUMORS BAR & GRILL, NO. 05-1296 CIVIL Defendant JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above action settled and discontinued with prejudice. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY~~~ . Edward E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Dated: &- 2&-~ Attorneys for Plaintiff 330887-1 CERTIFICATE OF SERVICE I, Edward E. Knauss, N, Esquire, ofthe law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and exact copy of the Praecipe for Settlement and Discontinuance with reference to the foregoing action by first class mail, postage prepaid, this 7'f . 29-Uay of June, 2005, on the followmg: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, P A 171 08 ~~ Edward E. Knauss, N 330887-1 4::)\":'\ \11' . ':':-'~ / 'J:~ S, s:li~.~ ~ (') \=; ~ ~ 2- " I <.J1 -0 ~ Q, ~,:D (lr:; -". \!3 -'~-T '(::)(') :?: :; ~ '"")-"'" ",,0. ...t..-("f1. n ;::..\ ..". ~ r;-? N - NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir 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, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por 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. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE 9PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 323094 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID J. MASSIE, v. CIVIL ACTION - LAW TWEET, INC., t/dlb/a TWEET'S RUMORS, and tidlb/a RUMORS BAR & GRILL, 251 Enola Road Enola, Cumberland County, PA, Defendant NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, David J. Massie, is an adult individual residing at 258 Pine Grove Road, Gardners, Pennsylvania. 2. Defendant, Tweet, Inc., tid/b/a Tweet's Rumors, and tid/b/a Rumors Bar & Grill, is a corporation organized and existing under the laws of Pennsylvania, with a place of business at 251 Enola Road, Enola, Cumberland County, Pennsylvania. 3. Defendant owns, operates, possesses, and controls a restaurant and bar establishment at the aforesaid address. 4. On the evening of May 16, 2003, and the early morning hours of May 17, 2003, Plaintiff, David J. Massie, was a guest and business invitee at the restaurant and bar of the Defendant. 5. All security personnel and bouncers on duty at Defendant's bar and restaurant on the evening of May 16 and May 17, 2003, were, in fact, employees of the Defendant. 6. As Plaintiff was leaving the restaurant and bar during the early morning hours of May 17, 2003, an agent, servant, and employee of Defendant, within the course and scope of his employment, and acting in his capacity as a bouncer and security person, struck Plaintiff from behind in the head with his fist, causing injuries to the Plaintiff. 306544 7. As a result of the aforesaid incident, Plaintiff sustained various personal injuries, including a fracture of various facial bones; a concussion; injuries to his mouth, teeth, and gums; and head bruises and contusions. 8. As a result of the aforesaid incident, Plaintiffhas incurred various medical expenses for physicians, medical supplies, medication, and other medical treatment, and he will in the future continue to incur such medical expenses. 9. As a result of the aforesaid incident, Plaintiff has sustained a loss of income and may in the future continue to suffer loss of income. 10. As a result of the aforesaid incident and injuries, Plaintiff has undergone emotional and mental distress and anguish, embarrassment, and humiliation, and will in the future continue to undergo such mental distress, anguish, embarrassment, and humiliation. 11. As a result of the aforesaid incident, Plaintiff has undergone much pain, suffering, inconvenience, loss of enjoyment oflife, and loss oflife's pleasures, and will in the future continue to suffer such losses. 12. As a result of the aforesaid incident, Plaintiff continues to suffer from residual problems from his injuries. COUNT I - RESPONDEAT SUPERIOR AND AGENCY Plaintiff, David J. Massie v. Defendant. Tweet, Inc., tJdIb/a Tweet's Rumors, and tJdlb/a Rumors Bar & Grill 13. Preceding paragraphs I through 12 are incorporated herein by reference and made a part hereof. 14. The aforesaid injuries suffered by Plaintiff were the direct and proximate result of the negligent, careless, reckless, and/or intentional behavior, conduct, and actions of an agent and 323094 employee of Defendant, who was then and there acting within the course and scope of his employment as a bouncer and security person. 15. Defendant is liable to Plaintiff as a result of the aforesaid conduct and actions of its agent and servant, who was acting at the time within the course and scope of his employment and duties as a bouncer and security person. 16. Defendant is liable to Plaintiff under the principles of agency and respondeat superior for all of the injuries and damages sustained by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount exceeding that requiring submission to compulsory arbitration, plus costs and punitive damages. COUNT II - NEGLIGENCE Plaintiff, David J. Massie v. Defendant. Tweet., Ine.. tJd/b/a Tweet's Rumors, and tJd/b/a Rumors Bar & Grill 17. Preceding paragraphs 1 through 16 are incorporated herein by reference and made a part hereof. 18. The aforesaid incident and injuries sustained by Plaintiff, David J. Massie, were a direct and proximate result of the negligence of the Defendant as follows: (a) Hiring an employee as a bouncer and security person who was not suited by personality or temperament to hold such position; (b) Failing to properly investigate the prior history and background of the employee who struck the Plaintiff, prior to hiring such employee; (c) Continuing to employ the person who struck the Plaintiff after it knew or should have known of such person's tendency and ability to use physical force on patrons of the Defendant; 323094 (d) Failing to properly train and instruct its bouncers and security employees in the proper means and methods of performing their duties; (e) Allowing its employee to leave the establishment of Defendant and strike the Plaintiff, who was outside ofthe building ofthe Defendant; (f) Failing to prevent its employee from striking the Plaintiff; and (g) Failing to properly monitor the activities of its security personnel, bouncers, and patrons to assure that an altercation would not occur in which one of its employees would strike a patron. 19. Defendant is liable for all of those damages sustained by Plaintiff, as set forth in the preceding paragraphs. WHEREFORE, Plaintiff, David J. Massie, demands judgment against Defendant in an amount exceeding that requiring submission to compulsory arbitration, plus costs. METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By ,] ~ ,./ ~ /0' .. . , " 7 c[ /'C,' .\ /'. i. -lV Edward E. Knauss, I , Esquire " Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff ,-- Dated: :;; --1 -0 ') 323094 VERIFICATION I, David Massie, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. c~ 4- ~ David Massie D.ro 4'( {m 322855-1 ~~ -\ ~ ~'f} '0 0<, ~. ~ ( ~~ s G, ~ ~ \i , t ~, ~ ~ , ~ ~ ~ (") ':i"1 -1 ~ :r. -r1 1 ' I ;~: ,; ; TI _.~., - ;,.._J . ' , () .(;) C') ,_. Metzger. Wickersham, Knauss & Erb, P.C. By: Edward E. Knauss, IV, Esquire Attorney J.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 eek@mwke.com Attorneys for Plaintiff DA VlD J. MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TWEET, lNe., tJd/b/a TWEET'S RUMORS, and tJd/b/a RUMORS BAR & GRILL, 251 Enola Road Enola, Cumberland County, P A, Defendant NO. or; /,;)9& t;J JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Tweet, Inc., tJd/b/a Tweet's Rumors, and tJd/b/a Rumors Bar & Grill 251 Enola Road Enola, PA, 17025 PursUll11t to Pa. Rule of Civil Procedure 4009, you are hereby requested to produce for inspection ll11d copying at the offices of Plaintiffs counsel, Metzger, Wickersham, Knauss & Erb, 323130-' P.c., 3211 North Front Street, P.O. Box 5300, Harrisburg, Pennsylvania, l71l0-0300, or at such other location as may be mutually agreed upon by counsel not later than thirty (30) days after service of these Requests, the following documents. In lieu of the formal scheduled production, copies of all requested documents, properly identified by request, may be forwarded to Plaintiffs counsel at the above address within thirty (30) days after service of these Requests. These Requests are deemed to be continuing Requests, and any documentation or information requested herein which is discovered, obtained, or available subsequent to your first response hereto shall be furnished immediately to Plaintiffs counsel. DEFINITIONS The word "document" or "documents" as used in the within Request includes, without limitation or exception, the original and copies ofthe following items: (Whether printed or recorded or reproduced by any other mechanical process, or written or produced by hand). Agreements, communications, correspondence, telegrams, memoranda, summaries or records of personal conversations or interviews, diaries, reports, graphs, notebooks, note charts, plans, drawings, sketches, maps, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions or reports of consultants, drafts, letters, any marginal comments appearing on any document, and writings of every kind. This definition shall also be deemed to include any machine-produced document, whether from a computer or not, notes and records of any oral communication and recordings (tape, disk, or other) of oral communications. 323130-1 The word "communication" as used in the within Request shall mean any transmission of information by oral, written, pictorial, or otherwise perceptible means, including, but not limited to, telephone conversations, letters, telegrams, and personal conversations. The word "person" as used in the within Request shall mean any individual, corporation, partnership, unincorporated association, or business entity. 323JJO-J DOCUMENTS TO BE PRODUCED I. All statements, signed statements, transcripts of recorded statements, or interviews of any person or witness relating to, referring to, or describing any ofthe events or claims described in the Complaint filed in this case. 2. All documents prepared by any insurer or representative of Defendant, except its attorneys, during an investigation of the accident or any of the events or claims described in the Complaint. Such documents shall include any documents made or prepared up to the present time, with the exclusion of the mental impressions, conclusions, or the opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. 3. All photographs of the scene or location of the accident. 4. All reports of any experts. 5. All declaration sheets of Defendant's insurance in effect at the time of the accident, indicating coverages. 6. All documents received by Defendant through any subpoenas. 323130-1 7. All investigation reports prepared by Defendant with respect to the incident described in the Complaint. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By /// ~ .-/' -' ,./ (/c..-;-.~J7 .7 /~'-'7 /,' ee- / /' / ,. 'V Edward E. Knauss, IV, Esquire Attorney J.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ./ 3'1~()) 323130-1 (> ~'(\ -- -.,,,, F""'>> ".... ~ ,;>-3 ~ -~ f.;: (,e) u.' Metzger. Wickersham, Knauss & Erb, P.C. By: Edward E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 eek@mwke.com Attorneys for Plaintiff DAVID J. MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TWEET, INe., t/d/b/a TWEET'S RUMORS, and t/d/b/a RUMORS BAR & GRILL, 251 Enola Road Enola, Cumberland County, PA, Defendant NO. o~ /;)9& ritJ JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA ON EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena on EAST PENNSBORO TOWNSHIP POLICE OEP ARTMENT identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. M, KNAUSS & ERB, P.c. By; dward E. Knauss, Esquire Attorney to. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, Pa 17110-0300 (717) 238-8187 Date; ~ - IOrO;- Attorney for Plaintiff 323156-1 DAVID 1. MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TWEET, JNC., t/d/b/a TWEET'S RUMORS, and tldib/a RUMORS BAR & GRILL, 251 Enola Road Enola, Cumberland County, P A, Defendant NO. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: East Pennsboro Township Police Department. 98 South Enola Drive. Enola, Pa 17025 (Name of Person or Entity) Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: All documents pertainino to an incident which occurred on the eveninq of Mav 16,2003. and earlv mornino hours of Mav 17, 2003, Incident Number: 2003-05-453. involvino injury to David J. Massie at Rumors Bar and Restaurant. 251 Enola Road, EnoJa. Pa 17025, includina but not limited to all reports. supplemental reports, notes. documents. investiqation reports, memos. statements. photooraphs. and all other documents in your possession reqardinq your investiqation of the alleaed assault and battery which took place on May 16, 2003. or May 17. 2003. at Rumors Sports Bar & Grill, 251 Enola Road, Enola. Pa involvino David J. Massie and an employee of Rumors Sports Bar and Grill. at Metzqer. Wickersham. Attention: Anaie. 3211 North Front Street. Harrisburq. Pa 17112 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies of produce the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Edward E. Knauss, IV, Esquire Address: 3211 North Front Street Harrisburo. Pennsylvania 17112 Telephone Number: 717-238-8187 Supreme Court 10 # 19199 Attorney for: Plaintiff BY THE COURT: Date: Prothonotary/Cieri<, Civil Division Seal of the Court Deputy 323151-1 CERTIFICATE OF SERVICE I, Angela M. Flynn, an employee of Metzger, Wickersham, Knauss and Erb, P.e., , do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, postage prepaid, as follows: TWEET, INe., t/d/b/a TWEET'S RUMORS, and tld/bla RUMORS BAR & GRILL, 251 Enola Road Enola, Cumberland County, P A, 17025 METZGER, WICKERSHAM, KNAUSS & ERB, P.e. By OJOj-u.\O-- rv,~~ Angela M. Flynn Dated: ~- \0-c:;t5" 323157./ ~. '. L') o -n - C) ".r.l ... THOMAS. THOMAS & HAFER, LLP 305 North Front Street P,O. Box 999 Hanisburg, PA 17108 John F unlacker, Esquire J,ttomeyJ.D.73]12 237-7134 Atta. I eys for Defendant Plaintiff IN THE COURT OF COMMON P ~AS CUMBERLAND COUNTY, PENN YLVANIA : Q)~ : NO. 0IJ-1296 CIVIL DAVID J. MASSIE, v. TWEET, INe., t/dlb/a TWEET'S RUMORS, and t/dlb/a RUMORS BAR & GRILL, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please enter the appearance of John Flounlacker, Esquire, and Thomas, Tho as & Hafer, I LLP, as attorneys for Defendant, Tweet, Inc., t/dlb/a Tweet's Rumors, and t/dlb/a R ~ors Bar & I Grill, in the above-captioned case. i Respectfully submitted, THOMAS, THOMAS & HAFER, I ~p -1 , ~;j1V fuWWI/ Date: . 5!),} I L S' By: , John Flounlacker, Esquire Attorney LD. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, P A 17108-0999 (717)237-7134 347717.1 CERTIFICATE OF SERVICE L Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & afer, LLP, hereby state that a true and correct copy of the foregoing docwnent(s) was served upo ' all counsel of record by first class United States mail, postage prepaid, addressed as follows, 0 forth below: By First Class U.S. Mail: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 N. Front Street Harrisburg, PA 17110-0300 Dated: ,-y.:;, J-( () <; THOMAS, THOMAS & HAFER, LL I {i./fL_?L{ I v\. Je'annie L. Kawalec ,. (j R" ei;).,; ?f!~,:~:~ ;.:::: ;- ..,,-.:( "" ?..~(., ;L. <" -:.;.. :::'3 "'" ty ~,l '-C "> c:.:.) "'" "'" i?: ;:0 ru c.v -OJ" =::.r () "t'j -, ,'J::'_ 111~ 1JlfJ C.)O :::'~.j "J" ():!i ,;;-:0 ~) Ir1 --{ ::c.: ~ ..~~ -< - SHERIFF'S RETURN - REGULAR CASE NO: 2005-01296 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MASSIE DAVID J VS TWEET INC TDBA TWEET'S RUMORS RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT & NOTICE was served upon TWEET INC TDBA TWEET'S RUMORS TDBA RUMORS BAR & GRILL DEFENDANT , at 1324:00 HOURS, on the 15th day of March at 251 ENOLA ROAD ENOLA, PA 17025 CHRIS ZIMMERMAN, OWNER by handing to a true and attested copy of COMPLAINT & NOTICE he , 2005 together with INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS, NOTICE OF INTENT TO SERVE SUBPOENA and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.10 .00 10.00 .00 39.10 Sworn and Subscribed to before me this i.:s R ri l 0.J U-rJ- b Prothon ~y day of A.D. So Answers: .~~"O ,9" .-,ff';;'~ ( .. -;I ,,">.i';.' R. Thomas Kline 4'~ 03/16/2005 METZGER WICKERSHAM By: L# Deputy Sheriff - THOMAS, THOMAS & HAFER, LLP 305 North Front Street P,O. Box 999 Hanisburg, P A 17108 John Flounlacker, Esquire Attorney J.D. 73112 237-7134 Attorneys for Defendant DA VID J. MASSIE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. i[=-1296 CIVIL Plaintiff v. TWEET, INC., t/dIb/a TWEET'S RUMORS, and t/dIb/a RUMORS BAR & GRILL, Defendant CNIL ACTION - LAW JURY TRIAL DEMANDED ORaAi TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: i / &) () S By: \ : U\~f' J~vUW~ Jo . Flounlacker, Esquire Att mey I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, P A 17108-0999 - THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Hanisburg, P A 17108 John Flounlacker, Esquire Attorney I.D. 73112 237-7134 Attorneys for Defendant DA VID J. MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 0' - NO. Qi!.l296 CIVIL v. TWEET, INC., tJd/b/a TWEET'S RUMORS, and tJdIb/a RUMORS BAR & GRILL, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW ONTO COURT, through undersigned counsel, comes the Defendants, Tweet, Inc., tJd/b/a Tweet's Rwnors and tJd/b/a Rwnors Bar & Grill, who, in Answer to the Complaint of the Plaintiff, respectfully represents that: 1. It is admitted the Plaintiff is who he says he is. 2. Denied as stated. By way of further explanation, Tweet Inc. d/b/a Rumors Bar & Grill is located at 251 Enola Road, Enola, Pennsylvania. 3. Denied as stated. By way of further explanation, it is admitted that the Answering Defendant owns a restaurant and bar located at 251 Enola Road, Enola, Pennsylvania. 4. Denied as stated. By way of further explanation, the Answering Defendant submits that any reference in this paragraph describing the Plaintiff as a guest and/or business invitee amount to legal conclusions which require no answer. By way of further explanation the remains ofthe averments in this paragraph are denied The averments in this paragraph are denied generally in accordance with Pa.RC.P. I029(e). 5. Admitted. 6. Denied. 7. To the extent this paragraph states or suggests that the Answering Defendant was responsible for causing the Plaintiff s injuries and/or damages Answering Defendant submits that those allegations amount to legal conclusions which require no answer. By way of further explanation, the remains of the averments in this paragraph are denied as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 8. To the extent this paragraph states or suggests that the Answering Defendant was responsible for causing the Plaintiffs injuries and/or damages Answering Defendant submits that those allegations amount to legal conclusions which require no answer. By way of further explanation, the remains of the averments in this paragraph are denied as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 9. To the extent this paragraph states or suggests that the Answering Defendant was responsible for causing the Plaintiffs injuries and/or damages Answering Defendant submits that those allegations amount to legal conclusions which require no answer. By way of further explanation, the remains of the averments in this paragraph are denied as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 10. To the extent this paragraph states or suggests that the Answering Defendant was responsible for causing the Plaintiff's injuries and/or damages Answering Defendant submits that those allegations amount to legal conclusions which require no answer. By way of further explanation, the remains of the averments in this paragraph are denied as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied. strict proof being demanded at trial, if relevant. II. To the extent this paragraph states or suggests that the Answering Defendant was responsible for causing the Plaintiffs injuries and/or damages Answering Defendant submits that those allegations amount to legal conclusions which require no answer. By way of further explanation, the remains of the avennents in this paragraph are denied as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to foml a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 12. To the extent this paragraph states or suggests that the Answering Defendant was responsible for causing the Plaintiffs injuries and/or damages Answering Defendant submits that those allegations amount to legal conclusions which require no answer. By way of further explanation, the remains of the avennents in this paragraph are denied as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to foml a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. COUNT I - RESPONDEAT SUPERIOR AND AGENCY Plaintiff, David J. Massie v. Defendant Tweet, Inc. tld/b/a Tweet's Rumors and tld/b/a Rumors Bar & Grill 13. Paragraphs I through 12 of Defendant's Answer are incorporated herein and made a part hereof as if set forth in fulL 14. Answering Defendant submits that all of the allegations contained within this paragraph of the Plaintiff's Complaint amolmt to legal conclusions which require no answer. By way of further explanation, answering Defendant denies the allegations contained within this paragraph of the Plaintiff's Complaint. 15. All of the averments in this paragraph amount to legal conclusions which require no answer. 16. All of the averments in this paragraph amount to legal conclusions which require no answer. COUNT 11- NEGLIGENCE Plaintiff, David J. Massie v. Defendant Tweet, Inc. t/d/b/a Tweet's Rumors and t/dlb/a Rumors Bar & Grill 17. Paragraphs I through 16 of Defendant's Answer are incorporated herein and made a part hereof as if set forth in full. 18. Answering Defendant submits that the allegations contained within this paragraph of the Plaintiffs Complaint alleging that the Answering Defendant was negligent or that the Answering Defendant's conduct amounted to a direct and/or proximate cause for the Plaintiffs injuries and/or damages amount to legal conclusions which require no answer. By way of further explanation, these averments are specifically denied. (a) It is denied that the Answering Defendant's conduct amounted to a direct and proximate cause for the Plaintiff's i~uries or damages by hiring an employee as a bouncer and security person who was not suited by personality or temperament to hold such a position. (b) It is denied that the Answering Defendant's conduct amounted to a direct and proximate cause for the Plaintiff's injuries or damages by failing to properly investigate the prior history and background of the employee who struck the Plaintiff, prior to hiring such employee. (c) It is denied that the Answering Defendant's conduct amounted to a direct and proximate cause for the Plaintiffs injuries or damages by continuing to employ the person who struck the Plaintiff after it know or should have know of such person's tendency and ability to use physical force on patrons of the Defendant. (d) It is denied that the Answering Defendant's conduct amounted to a direct and proximate cause for the Plaintiffs injuries or damages by failing to properly train and instruct its bouncers and security employees in the proper means and methods of perfonning their duties. (e) It is denied that the Answering Defendant's conduct amounted to a direct and proximate cause for the Plaintiff s injuries or damages by allowing its employees to leave the establishment of Defendant and strike the Plaintiff, who was outside of the building of the Defendant. (f) It is denied that the Answering Defendant's conduct amounted to a direct and proximate cause for the Plaintiff's injuries or damages by failing to prevent its employees from striking the Plaintiff. (g) It is denied that the Answering Defendant's conduct amounted to a direct and proximate cause for the Plaintiffs injuries or damages by failing to properly monitor the activities of its security personnel, bouncers, and patrons to assure that an altercation would not occur in which one of its employees would strike a patron. 19. Denied. NEW MATTER 20. Future discovery may show the Plaintiffs claims may be reduced and/or barred based on the Plaintiffs own negligence, 21. Future discovery may show that the Plaintiff may have assumed the risk. 22. At all times relevant to the incident as averred to in the Plaintiffs Complaint the Answering Defendant conducted themselves in a reasonable and professional manner. 23. Future discovery may show the negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff, David J. Massie, with costs assessed to Plaintiff. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: Li( g jus By:~VXt~ JlijUUA Jo~ Flounlacker, Esquire Attorney 1.0. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, P A 17108-0999 (717)237-7134 VERIFICATION I, Christine Zimmerman, representative of Defendant, Tweet, Inc., hereby state that the statements made in the foregoing Answer with New Matter to Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. ~' CH~IS' ~E ~~~' dAJ CERTIFICATE OF SERVICE L Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document( s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 N. Front Street Harrisburg, PA 17110-0300 Dated: (II f /D S- THOMAS, THOMAS & HAFER, LLP /\ -I~ ~.>>- ~ ~ M:'annie L. Kawalec "" t-.., :~.i )" r -., ,.-.., ':.:::; ~h ~n .._\ """- -T: =:.:: [1'1 :;.n 1'';> (;:? 0" "rj .1" ~,... ... Metzger, Wickersham, Knauss & Erb, P.C. By: Edward E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 eek@mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DAVID J. MASSIE, v. CIVIL ACTION - LAW TWEET, INC., t/d/b/a TWEET'S RUMORS, and t/d/b/a RUMORS BAR & GRILL, NO. 05-1296 CIVIL Defendant JURY TRIAL DEMANDED REPLY OF PLAINTIFF TO NEW MATTER 20-23. These paragraphs are all denied as incorrect legal conclusions. WHEREFORE, Plaintiff demands that the New Matter be dismissed and that judgment be entered in his favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By ~~~~ Edward E. 'Knauss, IV, Esquire Attorney J.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Dated: Y-li ~O( Attorneys for Plaintiff 3255}()-1 '- VERIFICATION I, Edward E. Knauss, IV, do hereby verify that I am the attorney for the Plaintiff. that I have knowledge of the matters set forth in the foregoing Reply of Plaintiff to New Matter, and that the facts set forth in the foregoing Reply of Plaintiff to New Matter are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. ~ 17/'~;?. / ;:;;zy ~ Date: ~ 'f-(L(-_O) 325530-1 CERTIFICATE OF SERVICE I, Edward E. Knauss, N, Esquire, ofthe law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and exact copy ofthe Reply of Plaintiff to New Matter with f>., reference to the foregoing action by first class mail, postage prepaid, thisl Lf ~day of April, 2005, on the following: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 ~. / / /.7 /Z--? ~~ Edward E. Knauss, N 3255]()-J n r--' 0 ,-'~' 0:;,.:;;' -.n ~" _-1 "2::,:, 77, ~D~ :;C'J __<:",rr, - ",-J'::;-J oJ -, ("', ") -~., , -"") , - - ) --) \-[1 ,...'J " - '~;J) -' .- ----- ----- -