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

Case 1:04-cx/-00527-JJF Document 8-2 Filed O3/11/2005 Page 1 014 _ I
EXHIBIT A "

Case 1 :04-cv-00527-JJF Document 8-2 Filed 03/1 1/2005 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INRE: FANSTEEL INC., ET AL. l, )
)
Fansteel Inc. )
‘ )
Plaintiff ) Civil Action No. 04-527 (JJF)
)
V )
)
Crossroads Bits & Sales, LLC )
) Adversary Case No. 04-51075 (PBL)
Defendant ) Bankruptcy Case No. 02-10109 (JJF)
AFFIDAVIT OF COUNSEL IN SUPPORT OF
PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT _
JUDGMENT AGAINST CROSSROADS BITS & SALES LLC 2
STATE OF DELAWARE ) I
) ss.
COUNTY OF NEW CASTLE )
The undersigned, being first duly swom to oath, deposes and says based upon my
knowledge, information and belief:
1. I am an attorney admitted to practice in the State of Delaware and before this
g Court. I
2. I submit this Affidavit of Counsel in Support ofthe Plaintiffs Motion for Entry of I
Default Judgment Against Crossroads Bits & Sales LLC (the “Affidavit") pursuant to Fed. R. I
Civ. P. 55(b)(l), made applicable herein by Fed. R. Bankr. P. 7055. I am co-counsel for the p
above-captioned plaintiff (the "Plaintiff') in the adversary proceeding and have personal
knowledge of the facts set forth in this Affidavit.
I The Reorganized Debtors are the following entities: Fanstcl Inc. and Wellman Dynamics Corp.
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Case 1 :04-cv-00527-JJF Document 8-2 Filed 03/1 1/2005 Page 3 of 4
3. On or about January 12, 2004, the Plaintiff filed its Complaint for Avoidance and
Recovery of Preferential Transfer (the "Complaint") against the defendant Crossroads Bits &
Sales LLC (the "Defendant").
4. The Complaint seeks to avoid and recover, pursuant to 11 U.S.C. §§ 547 and 550, ·
preferential transfers made to the Defendant in the amount of $12,070.84.
5. The Summons and Notice of Pretrial Conference in an Adversary Proceeding (the
"Summons") was dated January 13, 2004. The Srunmons stated that the Defendant was required
to file a response to the Complaint on or before February 12, 2004.
6. On July ll, 2003, our office caused the Defendant to be served with the n
Complaint and the Summons in accordance with Fed.R.Banlcr.P. 7004(b) (a true and accurate
copy ofthe Complaint, the Surnrnons, and the Certificate of Service is attached hereto as r@ I
A). The Complaint and the Summons were mailed to:
(i) Crossroads Bits & Sales, LLC. (ii) Mike Prichard, Registered agent for
Attn: Officer/Director/Manager/Parmer Crossroads Bits & Sales, LLC. ,
7921 South Fork Road 7921 South Fork Road
Pound, VA 24279 Pound, VA 24279
The Plaintiff received no returned mail from the United States Postmaster with respect to the I
address listed above. .
7. The Certificate of Service was filed on January 13, 2004.
8. The Defendant failed to answer, move, or otherwise plead within the time
required by the Stunmons. Further, to date the Defendant has failed to answer, move or _
otherwise respond to the Summons and Complaint.
9. Upon information and belief, the Defendant is not an infant, an incompetent l
person, or in the military service.
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Case 1 :04-cv-00527-JJF Document 8-2 Filed 03/1 1/2005 Page 4 of 4 T
l0. Pursuant to Del. Bankr. L.R. 7055-1, a copy of the Plaintiffs Motion for Entry of
Default Judgment Against Crossroads Bits & Sales, together with this Affidavit, is being served I
upon the Defendant at the address listed in paragraph 6 contemporaneously with the filing of the
same with the Court.
ll. I either have personal knowledge of the facts set forth, or I have undertaken an
investigation of the Debtors' records and/or been informed by individuals with personal
I knowledge of the relevant events. In both instances, the facts set forth therein are true and A
correct to the best of my knowledge and belief P
J%§s E. O’Neill
Swom to and subscribed before
me this ] |`*1" day of March 2005 _
Notari Public
My Coniniission Expires: Qgzil ing,
i_ ` e · 1 H0l.l§.Y T. WALSH
r i Notary’Ei.1bIic - Delaware
I ‘My Comm. Expires Feb. 11, 2006 .
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