Free Motion for Default Judgment - District Court of Delaware - Delaware

Case 1:04-cv-01384-GMS

Document 30-2

Filed 05/05/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES FOR THE USE AND BENEFIT OF EARTH SAVERS, INC., a Delaware Corporation, and EARTH SAVERS, Individually, Plaintiffs, v. PBM CONSTRUCTION GROUP, INC., and CAPITOL INDEMNITY CORPORATION Defendants. AFFIDAVIT OF MARK T. HURFORD STATE OF DELAWARE COUNTY OF NEW CASTLE ) ) ) C.A. No. 04 ­1384 (GMS)

TO WIT:

Mark T. Hurford, being over the age of eighteen years and having knowledge of the matters set forth herein, states: 1. I am an attorney for the plaintiff, Earth Savers, Inc. ("Plaintiff"), in the

above-captioned civil action. My office is located at Campbell & Levine, LLC, 800 North King Street, Suite 300, Wilmington, Delaware, 19801. I have personal knowledge of, and full capacity to testify about, the facts stated in this Affidavit. The facts stated herein are true and correct to the best of my knowledge. 2. According to the Complaint filed in this case, the amount due to Plaintiff

by defendant PBM Construction Group, Inc. ("Defendant") is the sum certain amount of $32,116.00. 3. To the best of my knowledge, Defendant is not a natural person and is

therefore not an infant, an incompetent person, or in the miliary service.

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Case 1:04-cv-01384-GMS

Document 30-2

Filed 05/05/2006

Page 2 of 2

I HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. May 5, 2006 Date /S/ Mark T. Hurford Mark T. Hurford

SUBSCRIBED AND SWORN TO BEFORE ME on this 5th day of May , 2006.

/S/ Marla Rosoff Eskin Notary Public (#2989 Attorney-at-Law)

{D0059875:1 }