IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TRUSTEES OF THE NATIONAL ELEVATOR : 

INDUSTRY PENSION, HEALTH BENEFIT : 

AND EDUCATIONAL FUNDS : 

19 Campus Boulevard, Suite 200 : 

Newtown Square, PA 19073-3228 : 

 Plaintiffs, : 

 : 

 v. : CIVIL ACTION NO. 02-4351 

 : 

AL'AN EL MAINTENANCE CORP. : 

2368 Westchester Avenue : 

Bronx, NY 10462-5008 : 

 Defendant. : 

COMPLAINT

Jurisdiction

1. This Court has jurisdiction of this action under Sections 502 and 515 of the Employee 

Retirement Income Security Act of 1974 (as amended) ("ERISA"), 29 U.S.C. §§1132 and 1145, 

and under Section 301(a) of the Labor-Management Relations Act ("LMRA"), 29 U.S.C. §185(a). 

This is an action to enforce an employer's contractual obligation to make contributions to multiemployer employee benefit plans under the terms of the Plans and under the terms of a Collective 

Bargaining Agreement. 

Parties

2. The Plaintiffs are the Trustees of the National Elevator Industry Pension, Health Benefit 

and Educational Funds ("NEI Trust Funds"). The NEI Trust Funds are multi-employer employee 

benefit plans as that term is defined in Sections 3(3) and 3(37) of ERISA, 29 U.S.C. §1002(3) and 

Case 2:02-cv-04351-JG Document 1-2 Filed 07/01/2002 Page 1 of 6
(37). The NEI Trust Funds are established and maintained according to the provisions of 

Agreements and Declarations of Trust and are provided for in the Collective Bargaining Agreement 

between the International Union of Elevator Constructors and the Defendant. The NEI Trust Funds 

are administered by the Trustees of the National Elevator Industry Pension, Health Benefit and 

Educational Funds, 19 Campus Boulevard, Suite 200, Newtown Square, Pennsylvania 19073-3228. 

3. Defendant, Al'An El Maintenance Corp., is a corporation existing under the laws of the 

State of New York, with offices located at 2368 Westchester Avenue, Bronx, NY 10462-5008. 

Defendant transacts business in New York as a contractor or subcontractor in the elevator industry 

and at all relevant times herein was an "employer in an industry affecting commerce" as defined in 

29 U.S.C. §§142(1), (3) and 152(2). 

COUNT I

4. Al'An El Maintenance Corp. entered into a Collective Bargaining Agreement with the 

International Union of Elevator Constructors establishing the terms and conditions of employment 

for the Defendant's employee elevator constructors, mechanics and helpers employed by Al'An El 

Maintenance Corp. 

5. Pursuant to its Collective Bargaining Agreement, Al'An El Maintenance Corp. agreed to 

pay to the NEI Trust Funds certain sums of money for each hour worked by all employees of 

Defendant covered by the Collective Bargaining Agreement. 

6. Al'An El Maintenance Corp. employed certain employees covered by the Collective 

Bargaining Agreement during the months of January 2002 through and including the present. 

7. Al'An El Maintenance Corp. is bound to the Restated Agreements and Declarations of 

Trust establishing the NEI Trust Funds (hereafter “Trust Agreements”) and the Guidelines for 

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Participation in the NEI Trust Funds (hereafter “Guidelines”).

8. The Agreements and Declarations of Trust establishing the NEI Trust Funds provide 

that when an Employer fails to pay the amounts required by the Collective Bargaining Agreement 

on time: 

 the Trustees may take all actions necessary to collect any amounts 

due the Trust Fund. If the Trustees filed suit to collect any amounts 

due the Trust Fund, the Trustees shall also seek liquidated damages 

in the amount of twenty percent (20%) of the contributions due at the 

time the lawsuit is filed. In addition to the liquidated damages 

authorized under the Employee Retirement Income Security Act 

(ERISA), the Trustees shall also seek all interest, costs and 

attorney’s fees associated with collection of the delinquent 

contributions. The Employer agrees that the Trustees may seek any 

additional contributions, interest, liquidated damages, costs and 

attorney’s fees that come due the Trust Fund between the date the 

lawsuit is filed, and the date the Judgment is entered by the Court. 

9. Accordingly, in addition to the liquidated damages authorized under the Employee 

Retirement Income Security Act (ERISA), the Trustees shall also seek all interest, costs and attorney’s 

fees associated with collection of the delinquent contributions. By agreeing to the terms of the 

Agreement and Declaration of Trust, the Employer specifically agrees that the Trustees may seek any 

additional contributions, interest, liquidated damages, costs and attorney’s fees that come due the Trust 

Fund between the date the lawsuit is filed, and the date Judgment is entered by the Court. 

10. Al'An El Maintenance Corp. has failed to make contributions due to the NEI Trust 

Funds for the months of February 2002 through and including May 2002 in the amount of 

$119,190.92. 

11. Al'An El Maintenance Corp.’s contributions on behalf of its elevator constructor 

employees for the months of February 2002 through and including May 2002 are late. Interest is 

due on these delinquent contributions. 

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12. Pursuant to this provision, Al'An El Maintenance Corp. is obligated to the NEI Trust 

Funds in the amount of $23,838.18 in liquidated damages assessed on the delinquent contributions 

for the months of February 2002 through and including May 2002, interest pursuant to 29 U.S.C. 

Section 1132(g) from the date of delinquency through the date of payment and fees and costs. 

 WHEREFORE, in Count I, the NEI Trust Funds pray judgment as follows: 

 A. In the amount of $119,190.92 for contributions due for work performed in February 

2002 through and including May 2002, plus costs, interest and reasonable attorneys’ fees, pursuant 

to 29 U.S.C. §1132(g), the Trust Agreements and the Guidelines. 

 B. For the amount of $23,838.18 in liquidated damages assessed on the delinquent 

contributions for the months of February 2002 through and including May 2002, plus costs, interest 

and reasonable attorneys’ fees, pursuant to 29 U.S.C. §1132(g) (2) (C) (ii), the Trust Agreements 

and Guidelines. 

 C. For all contributions and liquidated damages which become due subsequent to the 

filing of this action through the date of judgment, plus costs, interest and reasonable attorneys' fees, 

pursuant to 29 U.S.C. §1132(g) (2) (C) (ii) of ERISA and the Trust Agreements and Guidelines. 

 D. For such further relief as the Court may deem appropriate. 

COUNT II

13. The NEI Trust Funds hereby adopt, incorporate and restate in Count II paragraphs 1 

through 12 of Count I. 

14. This Court has jurisdiction of this action under sections 502(a)(3), (f), (g) and 515 of 

ERISA of 1974, 29 U.S.C. Sections 1132(a)(3), (f), (g) and 1145. This is an action to enjoin 

violations of the terms of an employee benefit plan. 

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15. Al'An El Maintenance Corp., pursuant to the Trust Agreements, agreed to make timely 

contributions to the NEI Trust Funds in the amounts and on the dates required by its Collective 

Bargaining Agreement with the International Union of Elevator Constructors in order to maintain 

the benefits provided through the Funds. 

16. Al'An El Maintenance Corp. has repeatedly failed to submit timely reports or 

contributions to the Fund in violation of the requirements of the aforementioned Agreements and 

Declarations of Trust. 

 WHEREFORE, in Count II, the NEI Trust Funds pray judgment as follows: 

 A. For a Court Order enjoining violations of the terms of the Plaintiff employee benefit 

plans requiring Al'An El Maintenance Corp. to submit timely contributions and report to the NEI 

Trust Funds. 

 B. For such further relief as the Court may deem appropriate. 

 Respectfully submitted, 

 

DATE: June 28, 2002 O'DONOGHUE & O'DONOGHUE 

 Constitution Place, Suite 515 

 325 Chestnut Street 

 Philadelphia, PA 19106 

 Telephone (215) 629-4970 

 Facsimile (215) 629-4996 

 By: 

 Robert P. Curley 

 Attorney I.D. No. 55760 

 By: ________________________ 

 David D. Capuano 

 Attorney I.D. No. 70238 

 Attorneys for Plaintiffs 

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CERTIFICATE OF SERVICE

 I hereby certify that a copy of the foregoing Complaint has been served by certified mail, as 

required by 502(h) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1132(h) 

this 28th day of June, 2002 on the following: 

 Secretary of the Treasury 

 15th. and Pennsylvania Ave., N.W. 

 Washington, DC 20220 

 ATTN: Employee Plans 

 Internal Revenue Service 

 Secretary of Labor 

 200 Constitution Avenue, N.W. 

 Washington, DC 20002 

 ATTN: Assistant Solicitor 

 for Plan Benefits Security 

 

 

 ____________________________ 

 David D. Capuano 

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