UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

LOCAL UNION NO. 626, UNITED : CIVIL ACTION 

BROTHERHOOD OF CARPENTERS : 

AND JOINERS OF AMERICA : NO. 02-cv-2761 

PENSION FUND, et al., : 

 Plaintiffs : 

 : 

 v. : 

 : 

MIDDLE STATES DRYWALL, INC., : 

et al., : 

 Defendants : 

ANSWER OF ALN CONSTRUCTION, 

BRENDA PETERSON AND GREG PETERSON 

TO PLAINTIFFS’ AMENDED COMPLAINT

 Defendants ALN Construction, Brenda Peterson, Greg Peterson 

(collectively “ALN”), do hereby answer the Amended Complaint in this matter in 

accordance with the numbered paragraphs thereof as follows: 

JURISDICTION

 1. Admitted. 

 2. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

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VENUE

 3. Admitted. 

PARTIES

 4. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 5. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 6. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 7. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 8. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 9. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

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 10. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 11. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 12. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 13. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 14. It is admitted that ALN Construction is a corporation and that it has 

an addressed listed in the caption of this matter. All of the remaining allegations 

of this paragraph are denied. 

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 15. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 16. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 17. Denied. 

 18. Admitted that Greg Peterson is the husband of Brenda Peterson. 

All of the remaining allegations of this paragraph are denied. 

COMMON FACTS

 19. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 20. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

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 21. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 22. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 23. It is admitted that Exhibit 1 is authentic. All of the remaining 

allegations of this paragraph are denied, inasmuch as Exhibit 1 speaks for itself. 

 24. It is admitted that Exhibit 1 is authentic. All of the remaining 

allegations of this paragraph are denied, inasmuch as Exhibit 2 speaks for itself. 

 25. The allegations of this paragraph comprise conclusions of law to 

which no responsive pleading is required. 

 26. It is denied the Brenda Peterson has defaulted unde the terms of 

the Settlement Agreement. All of the remaining allegation of this paragraph are 

denied. 

 27. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 28. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

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 29. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

COUNT I – AMOUNTS DUE UNDER CONTRACT – SUM CERTAIN

FUNDS 

v. 

CBI 

 30. The averments and responses contained in paragraphs 1 through 

and including 29 hereof are incorporated herein by reference as if fully set forth. 

 31. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 32. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

WHEREFORE, Defendants ALN Construction, Brenda Peterson and Greg 

Peterson demand that the Complaint against them in this matter be dismissed 

and that judgment be entered in their favor and against Plaintiffs, together with 

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an award of interest, costs and attorneys’ fees if allowed by law, and such other 

relief as this Court deems just and proper. 

COUNT II – CONTRIBUTIONS UNDER ERISA – SUM CERTAIN

FUNDS 

v. 

COMPANY 

 33. The averments and responses contained in paragraphs 1 through 

and including 32 hereof are incorporated herein by reference as if fully set forth. 

 34. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 35. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 WHEREFORE, Defendants ALN Construction, Brenda Peterson and Greg 

Peterson demand that the Complaint against them in this matter be dismissed 

and that judgment be entered in their favor and against Plaintiffs, together with 

an award of interest, costs and attorneys’ fees if allowed by law, and such other 

relief as this Court deems just and proper. 

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COUNT III – AMOUNTS DUE UNDER SETTLEMENT AGREEMENT

FUNDS 

v. 

COLDIRON COMPANIES AND J.D. COLDIRON, J.R. COLDIRON 

AND B. PETERSON 

 36. The averments and responses contained in paragraphs 1 through 

and including 35 hereof are incorporated herein by reference as if fully set forth. 

 37. Denied. 

 38. Denied. 

 39. Denied. 

WHEREFORE, Defendants ALN Construction, Brenda Peterson and Greg 

Peterson demand that the Complaint against them in this matter be dismissed 

and that judgment be entered in their favor and against Plaintiffs, together with 

an award of interest, costs and attorneys’ fees if allowed by law, and such other 

relief as this Court deems just and proper. 

COUNT IV – AMOUNTS DUE UNDER SETTLEMENT AGREEMENT

FUNDS 

v. 

CBI 

 40. The averments and responses contained in paragraphs 1 through 

and including 39 hereof are incorporated herein by reference as if fully set forth. 

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 41. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 42. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

 43. Since the allegations of this paragraph pertain to a party other than 

ALN, no answer is required. To the extent that response is required from ALN, 

after reasonable investigation, ALN is without knowledge or information sufficient 

to form a belief as to the truth of the allegations of this paragraph. They are 

therefore denied. 

WHEREFORE, Defendants ALN Construction, Brenda Peterson and Greg 

Peterson demand that the Complaint against them in this matter be dismissed 

and that judgment be entered in their favor and against Plaintiffs, together with 

an award of interest, costs and attorneys’ fees if allowed by law, and such other 

relief as this Court deems just and proper. 

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COUNT V – DELAWARE FRAUDULENT CONVEYANCE

FUNDS 

v. 

ALN, B. PETERSON AND G. PETERSON 

 44. The averments and responses contained in paragraphs 1 through 

and including 43 hereof are incorporated herein by reference as if fully set forth. 

 45. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph that MSD has ceased to do business. They are therefore denied. The 

remaining allegations of this paragraph comprise conclusions of law to which no 

responsive pleading is required. 

 46. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 47. Denied. 

 48. Denied. 

 49. Denied. 

 50. It is denied that ALN Construction, Brenda Peterson or Greg 

Peterson had notice of a “claim” of the Funds. The allegations of this paragraph 

comprise conclusions of law to which no responsive pleading is required. 

 51. Denied. 

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 52. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 53. The allegations of this paragraph comprise conclusions of law to 

which no responsive pleading is required. 

 54. The allegations of this paragraph comprise conclusions of law to 

which no responsive pleading is required. 

 55. Denied. 

 56. The allegations of this paragraph comprise conclusions of law to 

which no responsive pleading is required. 

WHEREFORE, Defendants ALN Construction, Brenda Peterson and Greg 

Peterson demand that the Complaint against them in this matter be dismissed 

and that judgment be entered in their favor and against Plaintiffs, together with 

an award of interest, costs and attorneys’ fees if allowed by law, and such other 

relief as this Court deems just and proper. 

COUNT VI – CONSTRUCTIVE TRUST

FUNDS 

v. 

COLDIRON, CEI, CBI AND ALN 

 56. [sic] The averments and responses contained in paragraphs 1 

through and including 56 hereof are incorporated herein by reference as if fully 

set forth. 

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 57. Denied. 

 58. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

WHEREFORE, Defendants ALN Construction, Brenda Peterson and Greg 

Peterson demand that the Complaint against them in this matter be dismissed 

and that judgment be entered in their favor and against Plaintiffs, together with 

an award of interest, costs and attorneys’ fees if allowed by law, and such other 

relief as this Court deems just and proper. 

COUNT VII – CONVERSION

FUNDS 

v. 

COLDIRON, CEI, CBI AND ALN 

 59. The averments and responses contained in paragraphs 1 through 

and including 58 hereof are incorporated herein by reference as if fully set forth. 

 60. Denied. 

 61. To the extent that this allegation is intelligible, it is denied. 

 62. Denied. 

WHEREFORE, Defendants ALN Construction, Brenda Peterson and Greg 

Peterson demand that the Complaint against them in this matter be dismissed 

and that judgment be entered in their favor and against Plaintiffs, together with 

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an award of interest, costs and attorneys’ fees if allowed by law, and such other 

relief as this Court deems just and proper. 

COUNT VIII – AUDIT

FUNDS 

v. 

ALL DEFENDANTS 

 63. The averments and responses contained in paragraphs 1 through 

and including 62 hereof are incorporated herein by reference as if fully set forth. 

 64. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 65. It is denied that ALN has any information which would enable the 

Plaintiffs to ascertain or plead the precise nature, extent or amount of any 

delinquency, if any, which is owed to them by any of the defendants in this 

action. After reasonable investigation, ALN is without knowledge or information 

sufficient to form a belief as to the truth of the remaining allegations of this 

paragraph. They are therefore denied. 

 66. It is denied that any documents in the possession of ALN were 

destroyed. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the remaining allegations 

of this paragraph. They are therefore denied. 

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 67. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the allegations of this 

paragraph. They are therefore denied. 

 68. It is admitted that no audit of the books of ALN has been 

performed. After reasonable investigation, ALN is without knowledge or 

information sufficient to form a belief as to the truth of the remaining allegations 

of this paragraph. They are therefore denied. 

 69. It is denied that ALN Construction, Brenda Peterson or Greg 

Peterson have any obligation to the Plaintiffs to allow an audit. After reasonable 

investigation, ALN is without knowledge or information sufficient to form a belief 

as to the truth of the remaining allegations of this paragraph. They are therefore 

denied. 

 70. The allegations of this paragraph comprise conclusions of law to 

which no responsive pleading is required. 

 71. The allegations of this paragraph comprise conclusions of law to 

which no responsive pleading is required. 

WHEREFORE, Defendants ALN Construction, Brenda Peterson and Greg 

Peterson demand that the Complaint against them in this matter be dismissed 

and that judgment be entered in their favor and against Plaintiffs, together with 

an award of interest, costs and attorneys’ fees if allowed by law, and such other 

relief as this Court deems just and proper. 

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AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE 

 Plaintiffs fail to state a claim against ALN upon which relief can be 

granted. 

SECOND AFFIRMATIVE DEFENSE 

 Plaintiffs have released ALN from the claims asserted in this action. 

THIRD AFFIRMATIVE DEFENSE 

 Plaintiffs have waived their rights, if any, to bring this action against ALN. 

FOURTH AFFIRMATIVE DEFENSE

 Plaintiffs are estopped from bringing this action. 

FIFTH AFFIRMATIVE DEFENSE 

 ALN has received no consideration for the contractual obligations asserted 

in this action. 

SIXTH AFFIRMATIVE DEFENSE 

 Plaintiffs are barred from bringing this action by the doctrine or laches. 

FLAMM, BOROFF & BACINE, PC

 925 Harvest Drive 

 Blue Bell, PA 19422 

 Telephone: 215 239 6001 

 Facsimile: 215 239 6060 

 BY:_________________________ 

 Walter H. Flamm, Jr. 

 Attorney for Defendants ALN 

 Construction, Brenda Peterson 

 and Greg Peterson 

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CERTIFICATE OF SERVICE

 I certify that I have served a copy of the foregoing Answer of Defendants 

ALN Construction, Brenda Peterson and Greg Peterson to Complaint by placing 

a copy of it in the United States Mail addressed to: 

Shelley R. Goldner Esquire 

Jennings Sigmond 

Penn Mutual Towers, 16th Floor 

510 Walnut Street, Independence Square 

Philadelphia, PA 19106-3683 

Date: December 10, 2002 

 __________________________ 

 Walter H. Flamm, Jr. 

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