TRUSTEES OF THE NATIONAL ELEVATOR INDUSTRY PENSION, HEALTH BENEFIT, EDUCATIONAL, ELEVATOR INDUSTRY WORK PRESERVATION FUNDS, ELEVATOR CONSTRUCTORS ANNUITY AND 401(K) RETIREMENT PLAN v. GMS ELEVATOR SERVICES, INC. et al

Filing 6

ORDER THAT PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT IS GRANTED. JUDGMENT IS ENTERED FOR THE PLAINTIFFS AND AGAINST GMS ELEVATOR SERVICES, INC., PAMELA SIMPKINS, AND GORDON SIMPKINS, JOINTLY AND SEVERALLY IN THE AMOUNTS AS OUTLINED HEREIN.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/20/2018. 9/20/2018 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TRUSTEES OF THE NATIONAL
ELEVATOR INDUSTRY PENSION, et al.,
CIVIL ACTION
NO. 18-00538

Plaintiffs,
v.
GMS ELEVATOR SERVICES, INC., et al.
Defendants.
PAPPERT, J.

September 20, 2018
ORDER

AND NOW, this 20th day of September, 2018, upon consideration of Plaintiffs’
Motion for Default Judgment, (ECF No. 4), it is ORDERED that the Motion is
GRANTED. Judgment is entered for the Plaintiffs and against GMS Elevator
Services, Inc., Pamela Simpkins and Gordon Simpkins, jointly and severally, for
$252,714.12 in the following amounts:
1. $67,566.80 in unpaid contributions;
2. $1,633.73 in accrued interest on the unpaid contributions;
3. $103,737.40 in amount determined by the payroll audit;
4. $585.10 in unremitted elective deferrals;
5. $39,175.17 in accrued interest on late or unremitted elective deferrals;
6. $30,615.17 in liquidated damages;
7. $8,610.75 in attorneys’ fees;
8. $790.00 in costs.

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It is further ORDERED the Defendants shall report employee hours and pay
contributions to the Trustees on time pursuant to the Collective Bargaining Agreement,
and submit all outstanding forms, deferrals, and interest and lost earnings to Trustees.

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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