79281 DAS.DAS 4/17/2003

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

STEVE AXELROTH :

:

vs. :

:

CINDY LONESS CARPENTRY, : CIVIL ACTION NO. 02-CV-4418

JOHN LONESS, CINDY LONESS, :

BERN TOWNSHIP, and POLICE :

OFFICER MICHAEL A. HOFFERT :

BADGE NO. 005 :

THE LONESS DEFENDANTS’ SUMMARY OF THE CASE

PROCEDURAL HISTORY

Plaintiff filed his original Complaint in this case against Defendants Cindy Loness

Carpentry, John Loness, Cindy Loness (the “Loness Defendants”), Bern Township, Police

Officer Michael A. Hoffert and the Bern Township Police Department on July 3, 2002. Plaintiff

sought judgment “in an amount in excess of One Hundred Thousand Dollars ($100,000) plus

interest, costs, attorney’s fees and punitive damages.” Plaintiff subsequently filed an Amended

Complaint and a Second Amended Complaint in this case.

Plaintiff attempted service on the Loness Defendants on numerous occasions by firstclass mail and by certified mail. Plaintiff subsequently had the Second Amended Complaint

hand delivered to Cindy Loness. It is the Loness Defendants’ contention, as set forth more fully

in their Motion to Vacate Entry of Default, that proper service was never made on them. It is

also their contention that the default entered against them was improperly entered and should be

vacated.

Case 2:02-cv-04418-JKG Document 21 Filed 04/18/2003 Page 1 of 4
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THE LONESS DEFENDANTS’ CONTENTIONS

The Loness Defendants contend, for the reasons set forth above, that this Non-Jury Trial

on Damages Only should be postponed pending the decision of this Court on their Motion to

Vacate Default Judgment.

The Loness Defendants further contend that they are not liable to Plaintiff for the

damages he alleges in his Second Amended Complaint. The Loness Defendants attached a draft

of their Answer to Plaintiff’s Second Amended Complaint to their Motion to Vacate Default

Judgment. This Answer illustrates that the Loness Defendants have meritorious defenses to

Plaintiff’s claims against them. The Loness Defendants did not act wrongfully in seeking to have

Plaintiff arrested.

The Loness Defendants also contend that they were not present when the alleged injuries

to Plaintiff occurred when he was being transported from Abington to Bern Township by Officer

Michael Hoffert. The Loness Defendants contend that they should not be made to pay damages

to Plaintiff for injuries allegedly caused by Officer Hoffert when they were not present and when

they had no control over Officer Hoffert’s conduct.

The Loness Defendants have no knowledge of Plaintiff’s alleged injuries or the extent of

those injuries. The Loness Defendants have no knowledge of the alleged loss of income asserted

by Plaintiff as a result of his alleged injuries.

Case 2:02-cv-04418-JKG Document 21 Filed 04/18/2003 Page 2 of 4
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Respectfully submitted,

ROLAND & SCHLEGEL, P.C.

By:_____________________________________

Edwin L. Stock, Esquire

627 North Fourth Street

P.O. Box 902

Reading, PA 19603

(610) 372-5588

Counsel for Defendants, Cindy Loness 

Carpentry, John Loness and Cindy Loness 

Case 2:02-cv-04418-JKG Document 21 Filed 04/18/2003 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

STEVE AXELROTH :

:

vs. :

:

CINDY LONESS CARPENTRY, : CIVIL ACTION NO. 02-CV-4418

JOHN LONESS, CINDY LONESS, :

BERN TOWNSHIP, and POLICE :

OFFICER MICHAEL A. HOFFERT :

BADGE NO. 005 :

CERTIFICATE OF SERVICE

I, EDWIN L. STOCK, ESQUIRE, certify that on the 17th day of April, 2003, I served a

true and correct copy of the within Summary of the Case addressed as follows:

Gregg L. Zeff, Esquire

Frost & Zeff

Pier Five at Penn’s Landing

7 North Columbus Boulevard

Philadelphia, PA 19106-1492

Andrew Bellwoar, Esquire

Siana, Bellwoar & McAndrew, LLP

941 Pottstown Pike 

P.O. Box 630

Exton, PA 19341

by depositing copies thereof in the United States Mail, first class, postage prepaid.

Edwin L. Stock, Esquire

Case 2:02-cv-04418-JKG Document 21 Filed 04/18/2003 Page 4 of 4