Free Request for Default - District Court of Delaware - Delaware

Case 1:07-cv-00094-JJF

Document 5

Filed 03/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PLUMBERS AND PIPEFITTERS LOCAL UNION NO. 74 ANNUITY FUND, et al. Plaintiffs v. TRI-STATE TECHNOLOGIES, INC. Defendant : : : : Civil Action No. 07- 94(JJF) : : : : : :

REQUEST TO ENTER DEFAULT PURSUANT TO F.R.C.P. 55(a) You will please enter a default on Defendant, Tri-State Technologies, Inc. ("Company" or "Defendant"), for its failure to plead or otherwise defend the Complaint filed on February 21, 2007 as provided in Rule 55(a) of the Federal Rules of Civil Procedure as appears in the attached declaration of Rick S. Miller, Esquire. Respectfully submitted, FERRY, JOSEPH & PEARCE, P.A. By: /s/ Rick S. Miller RICK S. MILLER (#3418) Ferry, Joseph & Pearce, P.A. 824 Market St., Suite 904 P.O. Box 1351 Wilmington, DE 19899 (302) 575-1555 Date: March 20, 2007 OF COUNSEL: SANFORD G. ROSENTHAL The Penn Mutual Towers, 16th Floor 510 Walnut Street Philadelphia, PA 19106 (215) 351-0611

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PLUMBERS AND PIPEFITTERS LOCAL UNION NO. 74 ANNUITY FUND, et al. Plaintiffs v. TRI-STATE TECHNOLOGIES, INC. Defendant : : : : Civil Action No. 07- 94(JFF) : : : : : :

DECLARATION OF RICK S. MILLER FOR ENTRY OF DEFAULT RICK S. MILLER, Esquire, declares and states as follows: 1. 2. I am the attorney for the Plaintiffs in the above-entitled action. The Complaint and Summons in this action were served on Tri-State

Technologies, Inc. on February 21, 2007 at its office located at 300 Carson Drive, Bear, DE by Denorris Britt, Process Server, who served Taylor Pourel, the person in charge of Defendant's office, as appears from the Affidavit of Service of the Complaint which has been duly docketed with the Court. 3. The time in which the Defendant may answer or otherwise move as to the

Complaint has expired. 4. The Defendant has not answered or otherwise moved and the time for Defendant

to answer or otherwise move has not been extended. 5. Inasmuch as the Company is a corporation, it is not in the military service.

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6.

Defendant is neither an infant nor an incompetent person. I declare under penalty of perjury in accordance with 28 U.S.C. §1746 that the foregoing is true and correct to the best of my knowledge, information and belief

Date: March 20, 2007

/s/ Rick S. Miller RICK S. MILLER, ESQUIRE (#3418)

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CERTIFICATE OF SERVICE I, Rick S. Miller, Esquire, state under penalty of perjury that I caused a copy of the foregoing Request to Clerk to Enter Default Pursuant to F.R.C.P. 55(a) to be served via first class mail, postage prepaid on the date and to the address below: Tri-State Technologies, Inc. 300 Carson Drive Bear, DE 19701

Date: March 20, 2007

/s/ Rick S. Miller RICK S. MILLER, ESQUIRE (#3418)

THIS DOCUMENT HAS BEEN ELECTRONICALLY FILED AND IS AVAILABLE FOR VIEWING AND DOWNLOADING FROM THE ECF SYSTEM

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