J. B. Rhodenhizer Construction, Inc. v. Jupiter McGill Housing Group, L.L.C.

By Judge John j. McGrath, Jr.

The facts of this case are fairly simple. On May 14,1999, Plaintiff filed a motion for judgment against Jupiter McGill Housing Group, L.L.C. Proof of service indicates that the Notice for Judgment was served on the Defendant through the Secretary of the Commonwealth on May 26,1999. Rule of Court 3:5 provides the Defendant with 21 days from May 28,1999, in which to file a responsive pleading; the 21-day period expired on June 18,1999. Plaintiff filed a Notice and Motion for Entry of Judgment by Default on July 6,1999. Defendant subsequently filed a Motion for an…