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Home My WebLink About10-0400STEPHANIE S. LEPLEY and CHARLES C. LEPLEY, her husband, 309 Lamppost Lane Camp Hill, PA 17011 Plaintiffs V. HARRY S. FRY 128 West Portland Street Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r Case No. /D _X06 C Civil Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Issue summons in the above case. -Co L-(, G. ?- r???r? N Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County for service on the Defendant at the following address: HARRY S. FRY 128 West Portland Street Mechanicsburg, PA 17055 CHERNICOFF, P.C. Date: By: Jo an O. Cftningham, Esquire A Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 WRIT OF SUMMONS To: HARRY S. FRY, 128 West Portland Street, Mechanicsburg, PA 17055 YOU ARE, NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. „ Prothonotary/Clerk, Civil Division -?/ y??fy Date: _ )3(37fo / C-1 Iiwputy ??_`? Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r '?l'taR'1? T'-^ r .. 2 1o Stephanie S. Lepley vs. Harry S. Fry Case Number 2010-400 SHERIFF'S RETURN OF SERVICE 01/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Harry S. Fry, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Harry S. Fry. Don Heiges advised Deputies his seven years as property manager, Harry S. Fry has never resided at 128 West Portland Street, Mechanicsburg, PA 17055. _ // SHERIFF COST: $37.44 January 22, 2010 SO RONO R A DN ERSON, SHERIFF (cl Gountysutf S ientf. Teleoso`t. im-,, STEPHANIE S. LEPLEY and CHARLES C. LEPLEY, her husband, 3,19 Lamppost Lane Camp Hill, PA 17011 Plaintiffs V. HARRY S. FRY 128 West Portland Street Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. ZO r ? 4Wt Civil Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Issue summons in the above case. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County for service on the Defendant at the following address: HARRY S. FRY 128 West Portland Street Mechanicsburg, PA 17055 CUNNINGHA" CHERNICOFF, P.C. 700 Date: <? /6 By: Jo anningham, Esquire TRUE COPY FROM RECORD A Supreme Court I.D. No. 23144 In Testimony whereof, I here unto set my hand P.O. Box 60457 and the seal of said Court at Carlisle, Pa. Harrisburg, PA 17106-0457 This Zf....... day of.l o?D/d Telephone: 717-238-6570 ........ .. ....... •• ••••• •• WRIT OF SUMMONS Prothonotary .?:. To: HARRY S. FRY, 128 West Portland Street, Mechanicsburg, PA 17055 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: ?/D De ty E S :b V b I NVf 0101 J A I 2 3HS 311,111 0 3J1A?0 H E p OTP M '03 ? ARY Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Sixth Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunningham&cclgMc com Attorneys for Plaintiff 2010n,, -5 !'14, 3: 25 V'A STEPHANIE S. LEPLEY and CHARLES C. LEPLEY, Plaintiffs V. HARRY S. FRY Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. 10-400 Civil Please reissue the Writ of Summons filed to the above term and number. Respectfully submitted, WordanCunningham, HERNICOFF, P.C. Dated: March J', 2010 By: Esquire PA I.D. No. 23144 2320 North 2nd Street Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Attorneys for Plaintiffs FAHome\AHEWITT\DOCSV-L\LEPLEY, STEPHANIMpraecipe to reinstate 030410.wpd "b /0. 6 d/0 d- a# c.K A'- 417Xy4 X'#"?;? '?' 5 il 5- STEPHANIE S. LEPLEY and CHARLES C. LEPLEY, her husband, 309 Lamppost Lane Camp Hill, PA 17011 Plaintiff's V. HARRY S. FRY 128 West Portland Street Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. Civil Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Issue summons in the above case. 0 o C. C- :K o ?? -C7 LT C- T?r? • S r11? z. i.. Cf.. :T_ ' fzl N Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County for service on the Defendant at the following address: HARRY S. FRY 128 West Portland Street Mechanicsburg, PA 17055 Date: !1 !a By: 3oydanjF CAfiningham, Esquire A Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 WRIT OF SUMMONS To: HARRY S. FRY, 128 West Portland Street, Mechanicsburg, PA 17055 , P.C. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION ACIAINS'r YOU. Af, Prothonotary/Clerk, Civil Division y7Ofy Date: o?D/g9 ?3(a371o zdzz& max Puty SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ??y?utir of ?iuub?rf # ?a T?? 2 I Q i'l? i ? f'' ,?j at . _ Stephanie S. Lepley (et al.) Case Number vs. Harry S. Fry 2010-400 SHERIFF'S RETURN OF SERVICE 03/12/2010 08:19 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Harry S. Fry, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Harry S. Fry. Request for service at 128 West Portland Street, Apt. 18, Mechanicsburg, PA 17055 does not exist. Don Heiges, President of Portland Court Condominums advised Deputies Harry S. Fry has never resided at the complex and there is not a unit 18. SHERIFF COST: $42.44 March 15, 2010 SO ANSWERS, / RON R ANDERSON, SHERIFF (c; Counfy5uil4 Sheriff. ieieosoff. Inc. FILED-OFFICE jr THF PROTHONOTARY Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Sixth Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunnin2ham(2cclawpc.com Attorneys for Plaintiff 2011 DEC 27 PM 3: 36 CUMBERLAND COUNTY PENNSYLVANIA STEPHANIE S. LEPLEY and CHARLES C. LEPLEY, , Plaintiffs , V. , HARRY S. FRY , Defendant , TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. 10-400 Civil Please reissue the Writ of Summons filed to the above term and number. Respectfully submitted, Dated: December 23, 2011 By: F:\Home\AHEWITIIDOCSU-L\LEPLEY, STEPHANIMpraecipe to reinstate 122311.wpd OA sk 4 Io.W pd a #- Qqy ?2-*a?96-7 S PA I.D. No. 23144 2320 North 2nd Street Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Attorneys for Plaintiffs LE ! e { , THEa,I i s n 20111 JAN 23 4H !j:COMBERLAN 36 Jordan D.Cunningham,Esquire $ R� COUNT CUNNINGHAM&CHERNICOFF,P.C. PENNSY 2320 North Sixth Street Harrisburg,PA 17110 Telephone:(717)238-6570 Facsimile:(717)238-4809 Email:i cunningham @cclawoc.corn Attorneys for Plaint STEPHANIE S. LEPLEY IN THE COURT OF COMMON PLEAS and CHARLES C. LEPLEY, • OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA v. Case No. 10-400 Civil HARRY S. FRY Defendant • PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reissue the Writ of Summons filed to the above term and number. Respectfully submitted, CUNN ■ SHAM & CHERNICOFF, P.C. Dated: January 20, 201 4 By: J, dan D. ' unningham, Esquire PA I.D.No. 23144 2320 North 2nd Street Harrisburg, PA 17106-0457 Telephone: (717)238-6570 Attorneys for Plaintiffs F:\Home\AHEWITT\DOCS\1-L\LEPLEY,STEPHANIE\praecipe to reinstate 012014 fry.wpd -t'175 � /v "22# oo ra STEPHANIE S. LEPLEY IN THE COURT OF COMMON PLEAS and CHARLES C. LEPLEY, OF CUMBERLAND COUNTYp-, Plaintiffs PENNSYLVANIA `= rrri OD C.... v. Case No. 10-400 Civil 7.3 HARRY S. FRY Jury Trial Demanded Defendant r. v NOTICE C) .) r'nry- YOU ARE BEING 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 or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por calquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Sixth Street Harrisburg, PA 17110 Telephone:(717) 238-6570 Facsimile:(717) 238-4809 Email:icunningham@cclawpc.com Attorneys for Plaintiff STEPHANIE S. LEPLEY • IN THE COURT OF COMMON PLEAS and CHARLES C. LEPLEY, • OF CUMBERLAND COUNTY, Plaintiffs • PENNSYLVANIA v. HARRY S. FRY Defendant Case No. 10-400 Civil Jury Trial Demanded COMPLAINT AND NOW comes your Plaintiffs, Stephanie S. Lepley and Charles C. Lepley, by and through their counsel. Cunningham & Chernicoff, P.C., who files this action at law and in support thereof, makes the following averments: 1. Plaintiffs, Stephanie S. Lepley and Charles C. Lepley, are adult individuals who reside at 309 Lamppost Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiffs, Stephanie S. Lepley and Charles C. Lepley, are husband and wife. 3. Defendant, Harry S. Fry (hereinafter referred to as "Defendant"), is an adult individual who reported to Plaintiff, Stephanie S. Lepley, his address as being 128 West Portland Street, Mechanicsburg, Cumberland County, PA. 4. The facts and circumstances hereinafter related took place on or about January 30, 2008, a clear and sunny day, at approximately 3:50 p.m. at the intersection of Central Boulevard and Trindle Road, located in Camp Hille, Hamden Township, Cumberland County, Pennsylvania. 5. At that time and place, Plaintiff, Stephanie S. Lepley, was operating her vehicle, a 1997 Jeep Cherokee 4x4 Sport, wearing her seatbelt, and operating her vehicle in a southerly direction on Central Boulevard. 6. At that time and place, Defendant was operating his motor vehicle, was operating his vehicle in a southerly direction on Central Boulevard, and was located directly behind the Plaintiff, Stephanie S. Lepley. 7. At that time and place, the vehicle being operated by the Plaintiff, Stephanie S. Lepley, was stopped at the stop sign; Ms. Leply was looking to her left for oncoming traffic in order to make a right turn onto Trindle Road when the vehicle operated being operated by Defendant, Harry S. Fry, was caused to crash into the rear of Plaintiff, Stephanie S. Lepley's, vehicle. The force of the collision was so great that it pushed the vehicle being operated by Plaintiff, Stephanie S. Lepley, into the intersection and on coming traffic. 8. Said collision and all of the hereinafter mentioned injuries and damages sustained by Plaintiff, Stephanie S. Lepley, are the direct result of the careless, reckless, and negligent manner in which Defendant operated his vehicle as follows: a. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the highway; b. In failing to keep a proper and adequate control over his vehicle; c. In failing to have his vehicle under such control as to be able to stop within the assured clear distance ahead; 2 d. In failing to exercise the high degree of care required at an intersection in failing to maintain a proper lookout for the traffic immediately in front of his vehicle; e. In failing to stop at a stop sign; f. In failing to apply his breaks in time to avoid the striking of Plaintiff, Stephanie S. Lepley's, vehicle; g. In driving his vehicle behind Plaintiff, Stephanie S. Lepley's, vehicle at a distance too close for the safety of the Plaintiff; h. In failing to exercise the degree of care required in operating a vehicle when approaching an intersection. 9. As a result of the collision, Plaintiff, Stephanie S. Lepley, was thrown and jostled about, thereby sustaining painful, permanent, severe, and disabling injuries including, but not limited to a severe strain of her right trapezius and myofascial muscles; pain in the cervical area of her spine at C4-5; C5-6; C6-7; and C-7 - T -l; a concussive syndrom type of injury to her brain causing memory loss; slurring of speech, a severe shock to her nerves and nervous system; and other severe and painful injuries. 10. Plaintiff, Stephanie S. Lepley, has been advised and therefore avers that the aforesaid injuries to her cervical area of her spine and the spasming of her right trapezius and myofascial muscles, are permanent in nature. 11. As the result of the injuries received by the Plaintiff, Stephanie S. Lepley , Plaintiff was rendered totally disabled and unable to work. 12. By reason of the aforesaid injuries sustained by Plaintiff, Stephanie S. Lepley , 3 was forced to incur liability for medical treatment, medicine, and similar miscellaneous expenses in and about an effort to restore herself to health; and because of the nature of said injuries, she has been advised and therefore avers that she will be forced to incurred similar expenses in the future. 13. As the result of said injuries, Plaintiff, Stephanie S. Lepley, underwent and will in the future undergo great mental and physical pain and suffering, great inconvenience carrying out her daily activities, and loss of life's pleasures and enjoyment; and claim is made therefore. 14. In May 2010, a Social Security Administrative Law Judge found that Plaintiff, Stephanie S. Lepley, as the direct result of the injuries she sustained as the direct result of the collision caused by Defendant, Harry S. Fry's, carelessness and negligence, was totally incapable of performing any work beginning in February 1, 2008 and continuing through July 2009. 15. As the result of said injuries, Plaintiff, Stephanie S. Lepley , by reason of not being able to fulfil her employment at United Airlines, sustained a loss of earnings in the approximately amount of $51,035.25 for the period beginning February 1, 2008 through August 2010. 16. As a result of the said injuries, Plaintiff, Stephanie S. Lepley, by reason of not being able to fulfill her employment duties at United Airlines also sustained the following economic losses: a. Lost wages: $26,035.24 ($51,035.25 - 25,000.00) b. Lost vacation pay: $7,286.38 (22 days x 41.05 x 2.5 = $2,257.75) (33 days x 41.05 x 2.5 = $3,386.63) 4 (16 days x 41.05 x 2.5 = $1,642.00) c. Lost sick leave: $8,415.25 (205.00 hours x $41.05 = $8,415.25) d. Lost pay raise: $808.50 e. Lost IRA Contributions:' Principal App. (VSTAY) Total Through 12/31/13 (1) 2008 $1,943.96 $2,332.72 (24%) $4,276.66 (2) 2009 $1,977.36 $1,510.70 (19.1%) $3,488.06 (3) 2010 $2,599.07 $1,139.95 (14.62%) $3,739.02 Total: $6,520.39 $4,983.37 $11,503.74 Total Principal and App. through 12/31/13: $11,503.74 Principal App. (VWELX) Total Through 12/31/13 (1) 2008 $1,943.96 $1,326.73 (13.65%) $3,270.69 (2) 2009 $1,977.36 $1,008.06 (12.745%) $2,985.42 (3) 2010 $2,599.07 $923.19 (11.84%) $3,522.26 Total: $6,520.39 $3,257.98 $9,778.37 Total Principal and App. through 12/31/13: $9, 778.37 Total Lost Wages and Benefits: $ 49,065.73 17. As the result of said injuries, Plaintiff, Stephanie S. Lepley, has sustained a permanent impairment of earning power and earning capacity, and claim is made therefore. 18. As the result of said collision, Plaintiff, Stephanie S. Lepley, was caused to incur expenses for the repair to her damaged 1997 Jeep Cherokee in the amount of $771.68. 'Difference is related to type of investment assumed. 5 19. As the result of said collision, Plaintiff, Stephanie S. Lepley, was caused and forced to incur expenses for medical treatment, medicine, and similar miscellaneous expenses in and about an effort to restore herself to heath; and because of the nature of her injuries, she had been advised and therefore avers that she will be forced to incur similar expenses in the future. To date, the medical expenses incurred related to the collision equals the sum of $83,885.44. WHEREFORE, Plaintiff, Stephanie S. Lepley, demands judgment in favor of the Plaintiff and against the Defendant, Harry S. Fry, in an amount in excess of $10,000.00 and in excess of the jurisdictional amount requiring compulsory arbitration. COUNT II — CHARLES C. LEPLEY v. HARRY S. FRY 20. The averments of Paragraphs 1 through 20 of the Complaint are incorporated herein by reference as if more fully set forth herein. 21. By reason of the aforesaid injuries sustained by the Plaintiff, Stephanie S. Lepley, Plaintiff, Charles C. Lepley, her husband, was forced to incur the liability for medical treatment, medicine, and similar miscellaneous expenses in and about an effort to restore his wife to health, and because of the nature of her injuries, he is advised and therefore avers that he will be forced to incur similar expenses in the future. 22. By reasons of the aforesaid injuries sustained by his wife, Stephanie S. Lepley, Plaintiff, Charles C. Lepley, has been and will be in the future deprived of the assistance, companionship, consortium, and society of his wife, all of which has been and will be to his great damage and loss, and claim is made therefore. 23. By reason of the aforesaid injuries sustained by his wife, Stephanie S. Lepley , 6 Plaintiff, Charles C. Lepley, sustained the loss of his wife's services and assistance in the maintaining, repair, and management of various rental properties which they co -owned and as a result, will sustain similar losses into the future because Stephanie S. Lepley cannot provide the types of services, labor, and attention to the rental properties that she has in the past, and claim is made therefore. WHEREFORE, Plaintiff, Charles C. Lepley, demands judgment in favor of Plaintiff, Charles C. Lepley, and against Defendant, Harry S. Fry, in an amount in excess of $10,000.00 and in excess of the jurisdiction amount requiring compulsory arbitration. Dated: 1212.'-1 /1V By: Respectfully submitted, CUNNIN -i- & CHERNICOFF, P.C. D. Cunningham, Esquire PA I.D. No. 23144 2320 North 2nd Street Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Attorneys for Plaintiffs F:\Home\AHEWITT\DOCS\J-L\LEPLEY, STEPHANIE\v FRY\COMPLAINT draft 3 121914.wpd 7 VERIFICATION The undersigned verifies that the statements contained in the foregoing 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.A. §4904, relating to unsworn falsification to authorities. F 14k J/ Stephan; S. Lepley Dated: /c2?/7