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Home My WebLink About12-6465Tucker Arensberg, P.C. By: Dennis R. Sheaffer Attorney I.D. No. 39182 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 ~1., ~ j ~ Yt~ ~ { 1 r/~TTORNEYS FOR PLAINTIFF 1 ~ , r „' ,' ~. ~` ~~, , ~ C~tr~,t t; ~_. ALDA J. HALBLEIB 1252 Rebert Drive Mechanicsburg, PA 17055 v. RAY EARL KRAMER 264 Ridge Hill Road Mechanicsburg, PA 17050 and TINA M. HAMMAKER-FLAGLE 264 Ridge Hill Road Mechanicsburg, PA 17050 'NOTICE" Plaintiff Defendants IN THE COURT OF COMMON NL~HS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~ ~Y~ ~1 2012 CIVIL ACTION -LAW JURY TRIAL DEMANDED CIVIL ACTION COMPLAINT You have been sued in court. If y'ou 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 buy the court without further notice for any money claimed in Che complaint or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOC SHOULD '1~AKE THIS PAPER TO YOU R LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONETHF.OFFICESETFORTHBELOW. THIS OFF [CE CATS PROVIDE YOII WITH IN FORMATION ABOD T HIRING A LAWYE;R. IF YOI! CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE S9.AY BE ABLE TO PR0~7DE YOU WITH INFORMATION ABOUT .AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE; PERSONS AT A REDO CED FEE OR NO FEE IA~1'1'ER REF'ERE'NCE SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 2493166 -Toll Free (800) 990A108 HBGDB 127807-1 999999-999999 «AV1so„ 'Le han demandado en carte. Si usted desea defender contra las demandas dispuestas en las pa9nas siguientes, usted debe tomar la accion en el platy de veinte (20) dial despu8s de esta queja y se sirve el aviso. inaxporando un aspecto escri[o personalmente o y archivando en cscribir con la co rte sus detensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted } un juicio se puede incorporar contra usted comps la come sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda n relevacion pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endercza importante a usted. LISTED DEBE LLEVAR ESTE PAPEL SU A[30GAD0 INMEDIATAMEN'I'G. Sl LISTED NO RACE QUE UN ABOGADO S'A1'A A O LLAME POR TELEFONO La OFICINA DISPUES"rA ABA.10- I~STA OFICINA PUEDE PRO VEER DE UST ED LA INFORMACION SOi3RE EMPLEAR A UN ABOGADO. Sl LISTED NO PUEDE PERMI"fIRSF_. AL H IRE A UN AI30GAD0, ESTA OPICINA PiJEDE PODF.R PROVEER DE LISTED LA 1NFORMACION SOBRE LAS AGENCIAS Ol,`L: LOS SERVICIOS ,IURIDICOS DE LA OFER"fA DE MAYO A LAS PERSONAS ELEGIBLES EN UN I [O~ORARIO REDUCIDO O N[NGUN IIONORAl210 SERVICIO llE REFERINCIA LEGAL Cumberland County Bar Association 32 South Bedford Carlisle, Pennsylvania 17013 (71?) 249 3166 -Toll Free (800) 990~A l08 L/ ~ I a~3 ALDA J. HALBLEIB 1252 Rebert Drive Mechanicsburg, PA 17055 v. RAY EARL KRAMER 264 Ridge Hill Road Mechanicsburg, PA 17050 and TINA M. HAMMAKER-FLAGLE 264 Ridge Hill Road Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff NO. , 2012 CIVIL ACTION -~ LAW JURY TRIAL DEMANDED Defendants COMPLAINT 1. Plaintiff is Alda J. Halbleib, an adult individual who resides at 1252 Rebert Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Ray Earl Kramer, is an adult individual who resides at 264 Ridge Hill Road. Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant, Tina M. I-iammaker-Flagle, is an adult individual who resides at 264 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. Ray Earl Kramer and Tina M. Hammaker-Flagle are owners of real property located at 264 Ridge Hill Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17050. 5. On December 26, 2011, Plaintiff was a guest of Defendant Kramer at his residence at 264 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 6. After visiting with Mr. Kramer for a period of time, Plaintiff left the house and was walking towards her vehicle when she tripped and fell. 7. As a result of the fall, Plaintiff sustained injuries to her face, cheek bone, teeth, legs and hands. 8. As a result of the injuries sustained by Plaintiff, she received treatment for those injuries from the Holy Spirit Hospital Emergency Room, Premier Eye Care Group. and David C. Leber, M.D. 9. As a result of the tortious conduct of the Defendants set forth herein, Plaintiff has suffered serious injuries, some of which may be permanent. 10 As a result of the tortious conduct of the Defendants, Plaintiff has suffered injures as follows: (a) Fracture to left cheekbone; (b) Cuts, abrasions and bruises to face; (c) Abrasions and bruises to hands and legs; and (d) Damage to her teeth. 11. As a result of the tortious conduct of Defendants, Plaintiff has incurred medical expenses for treatment of the injuries sustained in her fall. 12. As a direct and proximate result of the tortious conduct of Defendants, Plaintiff has suffered and continues to suffer pain and suffering, loss of life's pleasures, mental anguish, emotional distress, scarring and disfigurement. Liability '13. Paragraphs 1 through 12 above are incorporated herein as if set forth at length. '14. At all times relevant hereto, the premises where Plaintiff fell was owned by Defendants, Ray Earl Kramer and Tina M. Hammaker-Flagle. -2- 15. At all times relevant hereto, Plaintiff was a guest of Defendant Kramer. Plaintiff went to Defendant Kramer's residence to visit with him and bring him food. Defendant Kramer had invited Plaintiff to his residence. 16. Plaintiff was legally and appropriately on the property owned by Defendants when she fell. 17. Defendants were negligent and careless in the following particulars: (a) They knew or should have known of the dangerous condition of the walkway on the premises; (b) They knew or should have known that the walkway was in a state of disrepair and in a dangerous condition; (c) They knew or should have known that guests, including the Plaintiff, would be using the walkway in question; (d) They knew or should have known that not only the condition of the walkway was in a state of disrepair and dangerous, but the area of the walkway where Plaintiff fell did not have sufficient lighting; (e) Defendants failed to maintain the premises by failing to keep the walkway properly repaired and in a safe condition and/or failing to properly light the walkway for guests that may be using it; (f) Defendants failed to properly inspect the premises, in particular the walkway, for dangerous conditions and/or poor lighting and take corrective action to repair the dangerous condition and/or insufficient lighting that existed where the Plaintiff fell. 18. Defendants had a duty to Plaintiff as a guest to maintain the premises in a condition that was not otherwise dangerous to guests, such as Plaintiff, and/or to warn their -3- guests, including Plaintiff, of the existing dangerous conditions such that Plaintiff would not injure herself. 19. By failing to repair the walkway and poor lighting and/or provide notice to the Plaintiff of the condition of the walkv-ray, Defendants breached their duty to the Plaintiff such that it resulted in Plaintiff's fall and her resulting injuries. 20. Plaintiff's fall was not caused, in whole or in part, by any action or failure to act by the Plaintiff. WHEREFORE, Plaintiff, Alda J. Halbleib, demands judgment in her favor in an amount in excess of the mandatory limits for arbitration. Respectfully submitted, TUCKER ARENSBERG, P.C. ,,, ,~ ~. BY~ ~ ~° Dennis R. Sheaffer Attorney I.D. No. 39182 Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 2.00 Lemoyne, PA 17043 (717) 234-4121 Email: dsheaffer@tuckerlaw.com ATTORNEYS FOR PLAINTIFF DATE: October 15, 2012 HBGDB.127807-1 028116-156788 -4- VERIFICATION I, ALDA J. HALBLEIB, Plaintiff, acknowledge that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S A. § 4904, relating to unsworn falsification to authorities. '% ~ ~ ~ i Alda J. Halblei H B G D B :127807-1 999999-99999 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Dep«ty Richard W Stewart Solicitor s _. ::a^~~, iLcis..~l~~=l;c~ ~~~2 Q~~ ~ ~ ~~ ~t ~~1MSER.~~if~ GUt3~T`i` ~E£~PdSYL~?~~NIA Aldo J. Halbleib vs Case Number Ray Earl Kramer (et al. j 2012-6465 SHERIFF'S RETURN OF SERVICE 10/24/2012 11:02 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on October 24, 2012 at 1102 hours, he served a true copy of the within Complaint a,Od Notice, upon the within named defendant, to wit: Ray E. Kramer, by making known unto himsel e sonally, at 264 Ridge Hi11 Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 jt'~ ~ nts nd at the same time handing to him personally the said true and correct copy of the same / WN HRRRISON. DEPUTY 10/24/2012 11:17 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on October 24, 2012 at 1117 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tina M. Hammaker-Flagle, by making known unto herself personally, at Turkey Hill (place of employment), 6708 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 170.50 its contents and at the same time handing to her personally the said true a orrect copy of the same. Request for service at 264 Ridge Hill Road, Mechanicsburg, Pe ylvani~7~150 ;s currently owned by the Defendant, but this is not her current residence. Tina M. Hammaker-Flagle currently resides at 6591 Carlisle Pike, Mec a i~sb rg, Pennsylvania 17050. SON, DEPUTY SHERIFF COST: $64.45 October 25, 2012 SO ANSWERS, ~' ~---~ RON R ANDERSON, SHERIFF ' ALDA J. HALBLEIB • IN THE COURT OF COMMON PLEAS 1252 Rebert Drive : CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, PA 17055 Plaintiff : NO. 12 - 6465 Civil, 2012 • v. • CIVIL ACTION - LAW • RAY EARL KRAMER 264 Ridge Hill Road Mechanicsburg, PA 17050 • JURY TRIAL DEMANDED • and TINA M. HAMMAKER-FLAGLE • w,. 264 Ridge Hill Road • • Mechanicsburg, PA 17050 , Defendants r_,_ cry PRAECIPE TO DISCONTINUE v c-) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: . Please mark the above-captioned matter satisfied and discontinued without prejudice. Respectfully submitted, TUCKER ARENSBERG, P.C. By: Dennis R. Sh ffer Attorney I. D. #39182 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 Date: January 14, 2014 Attorneys for Plaintiff H B G D B:131201-1 028116-156788 CERTIFICATE OF SERVICE AND NOW, this 14th day of February, 2014, Paulina Patti Thomas, Legal Assistant for the law firm of TUCKER ARENSBERG, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Ray Earl Kramer 264 Ridge Hill Road Mechanicsburg, PA 17050 And Tina M. Hammaker-Flagle 264 Ridge Hill Road Mechanicsburg, PA 17050 Paulina Patti Thomas HBGDB:131201-1 028116-156788