81228.1 DAS.DAS 5/20/03

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 :

DEFENDANT’S SELF-EXECUTING DISCLOSURE

Pursuant to Fed. R. Civ. P. 26(a)(1), Defendants Cindy Loness Carpentry, John Loness

and Cindy Loness (the “Loness Defendants”), by their attorneys hereby submit their selfexecuting disclosure.

GENERAL RESPONSE

1. Discovery is continuing, as is the Loness Defendant’s investigation with respect to

the claims and defenses involved in this matter, and the Loness Defendants reserve the right to

supplement each of their responses at a future date.

2. The Loness Defendants will not disclose information that is subject to the

attorney-client, attorney work product, or any other applicable privilege.

Case 2:02-cv-04418-JKG Document 28 Filed 05/23/2003 Page 1 of 5
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SPECIFIC DISCLOSURES

F.R.C.P. 26(a)(1)(A): The name and, if known, the address and telephone number of

each individual likely to have discoverable information that the disclosing party may use to

support its claims or defenses, unless solely for impeachment, identifying the subjects of the

information.

RESPONSE: In addition to anyone identified in Plaintiff’s or the Bern Township

Defendants’ Self-Executing Disclosures and to the parties to this lawsuit, the Loness Defendants

identify the following individuals:

1. Kevin McDevitt 

104 Center Lane

Reading, PA 19606

(610) 779-5155

2. Paul Gerlach

860 D Berkshire Drive

Reading, PA 19601

(610) 372-0855

Mr. McDevitt and Mr. Gerlach, who worked for Loness Carpentry, also occasionally

worked by themselves and may have done some work for Plaintiff. They may have information

regarding Plaintiff’s business relationship with the Loness Defendants and his failure to pay Mr.

Loness for work performed.

3. Paul Reider

519 Curtis Avenue

Reading, PA 19601

(610) 378-5642

Mr. Reider is Mrs. Loness’ son and was present when the Plaintiff gave Mr. Loness the

check for $2,000.

Case 2:02-cv-04418-JKG Document 28 Filed 05/23/2003 Page 2 of 5
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F.R.C.P. 26(a)(1)(B): A copy of, or a description by category and location of, all

documents, data compilations, and tangible things that are in the possession, custody, or control

of the party and that the disclosing party may use to support its claims or defenses, unless solely

for impeachment:

RESPONSE: The Loness Defendants are in possession of the following documents: (1)

Plaintiff’s Criminal Report/Documents from Leesport District Court; (2) a copy of the August

19, 1998 check from Plaintiff to John Loness; (3) a copy of the September 11, 2000 Personal

Money Order to Cindy Loness Carpentry; (4) April 5, 1999 Invoice from Cindy Loness Carpentry

to Steve Axelroth.

F.R.C.P. 26(a)(1)(C): A computation of any category of damages claimed by the

disclosing party, making available for inspection and copying as under Rule 34 the documents or

other evidentiary material, not privileged or protected from disclosure, on which such

computation is based, including materials bearing on the nature and extent of injuries suffered.

RESPONSE: Not applicable.

F.R.C.P. 26(a)(1)(D): For inspection and copying as under Rule 34 any insurance

agreement under which any person carrying on an insurance business may be liable to satisfy part

or all of a judgment which may be entered in the action or to indemnify or reimburse for

payments made to satisfy the judgment.

RESPONSE: The Loness Defendants have two insurance policies which are potentially

applicable in this case: (1) Mutual Benefit Group Policy for Cindy Loness Construction; (2)

Travelers Homeowners Policy.

Case 2:02-cv-04418-JKG Document 28 Filed 05/23/2003 Page 3 of 5
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Respectfully submitted,

ROLAND & SCHLEGEL, P.C.

By: 

Edwin L. Stock, Esquire

I.D. # 43787

627 North Fourth Street

P.O. Box 902

Reading, PA 19603-0902

(610) 372-5588

Case 2:02-cv-04418-JKG Document 28 Filed 05/23/2003 Page 4 of 5
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 day of May, 2003, I served a

true and correct copy of the within Defendants’ Self-Executing Disclosure 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 28 Filed 05/23/2003 Page 5 of 5