109082-1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LOCAL UNION NO. 626, UNITED BROTHERHOOD :

OF CARPENTERS AND JOINERS OF AMERICA :

PENSION FUND, et al. :

Plaintiffs : CIVIL ACTION

: NO. 02-2761

v. :

:

MIDDLE STATES DRYWALL, INC., et al. :

:

Defendants :

REQUEST TO ENTER DEFAULT PURSUANT TO F.R.C.P. 55(a)

AGAINST

MIDDLE STATES DRYWALL, INC. AND COLDIRON ENTERPRISES, INC. ONLY

You will please enter a default on Defendants Middle States Drywall, Inc. and Coldiron

Enterprises, Inc., only, for their failure to plead or otherwise defend the Amended Complaint

filed on October 11, 2002, or the Complaint filed May 8, 2002, as provided in Rule 55(a) of the

Federal Rules of Civil Procedure as appears in the attached declaration of Shelley R. Goldner,

Esquire.

Respectfully submitted,

JENNINGS SIGMOND, P.C.

By:s/Shelley R. Goldner _____________ 

SHELLEY R. GOLDNER, ESQUIRE (ID. NO.32896)

KENT G. CPREK (ID. NO.40806)

The Penn Mutual Towers

510 Walnut Street, 16th Floor

Philadelphia, PA 19106

(215) 351-0644/0615

Attorneys for Plaintiffs

Date: January 13, 2003

Case 2:02-cv-02761-RBS Document 17 Filed 01/13/2003 Page 1 of 4
109082-1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LOCAL UNION NO. 626, UNITED BROTHERHOOD : CIVIL ACTION

OF CARPENTERS AND JOINERS OF AMERICA :

PENSION FUND, et al. :

:

Plaintiffs :

v. :

:

MIDDLE STATES DRYWALL, INC., et al. :

:

Defendants : NO. 02-2761

DECLARATION OF SHELLEY R. GOLDNER FOR ENTRY OF DEFAULT

Shelley R. Goldner, Esquire, having been first duly sworn according to law, hereby

deposes and states as follows:

1. I am the attorney for the Plaintiffs in the above-entitled action.

2. The Complaint and Summons and Amended Complaint in this action were served

on the Defendants Middle States Drywall, Inc. and Coldiron Enterprises, Inc. (“Defendants”), by

Gerald Taylor, Process Server, on December 22, 2002, as appears from the Affidavits of Service

of the Complaint and Amended Complaint which have been duly docketed with the Court.

3. The time in which the Defendants may answer or otherwise move as to the

Complaint and Amended Complaint has expired.

4. The Defendants have not answered or otherwise moved and the time for

Defendants to answer or otherwise move has not been extended.

5. Inasmuch as the Defendants are corporations, they are neither infants nor

Case 2:02-cv-02761-RBS Document 17 Filed 01/13/2003 Page 2 of 4
109082-1 2

incompetent persons and are not in the military service.

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

Executed on : January 13, 2003 s/Shelley R. Goldner 

SHELLEY R. GOLDNER, ESQUIRE

Case 2:02-cv-02761-RBS Document 17 Filed 01/13/2003 Page 3 of 4
107946-1

CERTIFICATE OF SERVICE

I, Shelley R. Goldner, Esquire, statue under penalty of perjury that I caused a copy of the

foregoing Request to Enter Default Pursuant to F.R.C.P. 55(a) Against Defendants Middle States

Drywall, Inc. and Coldiron Enterprises, Inc. Only to be served via first class mail, postage

prepaid on the date and to the addresses below:

John D. Coldiron

845 Waterway Road

Oxford, PA 19363

Michael T. Imms Esquire

Crawford,Wilson & Ryan, LLC

220 West Gay Street

West Chester, PA 19380

Walter Flamm, Esquire

Flamm, Boroff & Bacine, P.C.

Union Meeting Corporate Ctr.

925 Harvest Drive, Suite 200

Blue Bell, PA 19422

Brenda Peterson

25 Good Hope Road

Landenberg, PA 19350

Middle States Drywall, Inc.

25 Good Hope Road

Landenberg, PA 19350

Coldiron Enterprises, Inc.

25 Good Hope Road

Landenberg, PA 19350

Greg Peterson

25 Good Hope Road

Landenberg, PA 19350

Date: January 13, 2003 s/Shelley R. Goldner 

SHELLEY R. GOLDNER, ESQUIRE

THIS DOCUMENT HAS BEEN ELECRONICALLY FILED AND IS AVAILABLE FOR

VIEWING AND DOWNLOADING FROM THE ECG SYSTEM

Case 2:02-cv-02761-RBS Document 17 Filed 01/13/2003 Page 4 of 4