PHILADELPHIA — Labor fund trustees are suing Phoenix Elevator Service Inc. of Georgia and Amber Mullis, alleging breach of contract.
Trustees of the National Elevator Industry Pension, Health Benefit, Educational, Elevator Industry Work Preservation Funds, Elevator Constructors Annuity and 401(k) Retirement Plan filed a complaint on Aug. 11 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants, alleging that they failed to pay contributions to the labor funds.
According to the complaint, the plaintiffs allege that they sustained damages from unpaid contributions. The plaintiffs hold the defendants responsible because they allegedly failed to pay monthly contributions to the labor funds under a bargaining agreement.
The plaintiffs seek $5,427.53 in contributions due for May 2016, plus interest, $101,610.88 in contributions due for June 2016, plus interest, $14,986.54 in contributions and interest due for the payroll audit of December 1, 2012 through November 30, 2013, plus additional accrued interest and audit fees, liquidated damages in the amount of $24,363.03, court costs, interest on all late filed contributions, and any further relief as this court deems just. They are represented by Robert P. Curley and David D. Capuano of O'Donoghue & O'Donoghue LLP in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-04391-MSG