Free Affidavit - District Court of Delaware - Delaware

Case 1:O4—cv-01420-JJF Document 14 Filed 01/17/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF DELAWARE
ALL-SPAN INC. :
Plaintiff :
v.
: Civil No. 04-1420 ·
UNITED STATES OF AMERICA. :
DEPARTMENT OF HOMELAND SECURITY, :
C&F CONSTRUCTION INDUSTRIES CORP. and:
CUMBERLAND CASUALTY & SURETY CO. :
Defendants
AFFIDAVIT IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT
I, Robert D. Ardizzi, being first duly sworn do depose and say:
1. I am the attorney for Plaintiff in the above action.
2. Plaintiff commenced this action on November 4, 2004 to collect a contract
balance owed for work performed on a construction project owed by
Defendant C & F Construction Industries Corp. and its surety company,
Cumberland Casualty & Surety Company.
3. On December 16, 2004, Defendant Cumberland Casualty & Surety Co.
was sewed with the Summons and Complaint via certified mail. A tme
and correct copy of the retum of service is attached hereto as Exhibit "A."
4. Defendant Cumberland Casualty & Surety Co. has failed to plead or
otherwise defend as provided by the Federal Rules of Civil Procedure

Case 1:04-cv-01420-JJF Document 14 Filed O1/17/2006 Page 2 of 2
5. Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, Plaintiff is
entitled to the entry of a default against Defendant Cumberland Casualty
& Surety Company,.
Robert D. zi, Esquire
Sworn to and subscribed
before me this/5 day
2006,
NOTARY PUBLIC
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