Local 98 Case 1

Case 2:03-cv-06847-EL Document 1 Filed 12/22/2003 Page 1 of 19
UNITED STATES DISTRICT COURT FOR THE EASTERN

DISTRICT OF PENNSYLVANIA
LOCAL UNION NO. 98 :

INTERNATIONAL BROTHERHOOD OF :
ELECTRICAL WORKERS :
1701 Spring Garden Street :
Philadelphia, PA 19130 :
:
and :
:
ROBERT ROSATO, EDWARD : NO.
GILMORE, GERALD SHAEFFER, :
EDWARD COPPINGER, HARRY FOY, :
JOHN DOUGHERTY, TRUSTEES OF :
THE LOCAL UNION NO. 98 :
ELECTRICAL WORKERS, HEALTH :
AND WELFARE FUND :
:
and :
:
THOMAS J. REILLY, DENNIS LINK :
WILLIAM RHODES, EDWARD :
NELISON, JOHN DOUGHERTY AND :
JOSEPH AGRESTI, TRUSTEES OF :
THE PENSION FUND :
:
and :
:
GERALD SHAEFFER, MARY RODDEN :
HARRY FOY, TODD NEILSON, AND :
ERIC TRUXON, TRUSTEES OF THE :
ELECTRICAL WORKERS, VACATION :
TRUST FUND :
:
and :
:
BRUCE SHELLY, JAMES :

SCHLEIDEN, THOMAS MOORE, JR. :
KEVIN MCQUILLEN, WILLIAM :
CORAZO, TRUSTEES OF THE :
ELECTRICAL WORKERS, :
APPRENTICESHIP TRAINING :
TRUST FUND :
:
and :
:
THOMAS VASOLI, JOSEPH :
COTUMACCIO,LAWRENCE BRADLEY, :
HARRY FOY, IGNATIUS FLETCHER, :
ROBERT KELLEHER, TRUSTEES OF :
THE LOCAL UNION NO. 98 :
ELECTRICAL WORKERS :
DEFERRED INCOME FUND :
:
Plaintiffs :
:
v :
:
DTI ELECTRIC, INC :
86 A Tomlinson Road :
Huntingdon Valley, PA 19006 :
:
and :
:
ALAN N. ISADORE :
1547 B Stoney Lane :
:
Defendants :
:
2
COMPLAINT
AND NOW come the plaintiffs by and through their attorneys Marino & Associates, PC
and demand of the defendants jointly and severally, plus interest, costs, reasonable attorneys fees
and damages for prejudgment delay upon the cause of actions set forth in the following:
JURISDICTION AND VENUE
1. This action is brought pursuant to Employment Retirement Income Security Act
[ERISA], 29 U.S.C.A. § 1001 et seq., and pendent state claims.
2. This Court maintains original jurisdiction over the instant claims pursuant to 28
U.S.C.A. § 1331 and 29 U.S.C.A. § 1132(e) as a result of the claims arising under the laws of
United States and seeking redress for violations of the ERISA, 29 U.S.C.A. § 1001 et seq.
3. This Court maintains supplemental jurisdiction over claims arising under state law
pursuant to 28 U.S.C.A. § 1367(a) and the principles of pendent jurisdiction as a result of the
claims arising under state law being so related to the claims in the action within which original
jurisdiction is found that they form a part of the same case or controversy.
4. Venue of this matter is properly laid in this district pursuant to 28 U.S.C.A.
§1391(b) and (c) as a result of a substantial part of the events or omissions giving rise to the
claims set forth herein having occurred in this judicial district.
THE PARTIES AND RELATED ENTITIES
5. Plaintiff Local Union No. 98, International Brotherhood of Electrical Workers
(hereinafter referred to as "Local Union No. 98") is an unincorporated association commonly
3
known as a labor union having its principal place of business located 1701 Spring Garden Street,
Philadelphia, PA 19130.
6. Local Union No. 98, IBEW Health & Welfare Fund, ("Health & Welfare Fund"),
Local Union No. 98, IBEW Pension Fund ("Pension Fund"), Local Union No. 98, IBEW
Vacation Trust Fund ("Vacation Fund"), Joint Apprenticeship and Training Fund ("Training
Fund"), and Deferred Income Fund are multi-employer benefit funds established pursuant to §
302(c)(5) of the LMRA, 29 U.S.C. § 186(c)(5), and § 3(3) and (37) of ERISA, 29 U.S.C.A. §
1002(3) and (37). Each of the funds aforementioned maintains its principal place of business is
located 1701 Spring Garden Street, Philadelphia, PA 19130.
7. The individually named plaintiffs are trustees of the funds aforementioned and are
fiduciaries of those Funds within the meaning of ERISA, 29 U.S.C. § 1002(21), and are
authorized to advance this action on behalf of the funds for which they are trustees.
8. Defendant DTI Electric, Inc., upon information and belief, is a corporation for
profit incorporated in the Commonwealth of Pennsylvania with its principal place of business
and registered office for process of service located 86 A Tomlinson Road, Huntingdon Valley,
PA 19006. At all relevant times material hereto DTI Electric, Inc. was engaged in the business of
providing electrical services to the consuming public. At all relevant times material hereto DTI
Electric, Inc. acted by and through its duly authorized employees, agents, workers and/or
representatives acting within the scope of their employment.
9. Defendant Alan N. Isadore is an adult individual with an address for service of
process located 1547 B Stoney Lane, Philadelphia, PA 19115 who, upon information and belief,
at all relevant times material hereto was an agent, servant, and employee of defendant DTI
Electric, Inc. At all relevant times material hereto defendant Alan N. Isadore occupied the
4
position of President of defendant DTI Electric, Inc. At all relevant times material hereto
defendant Alan N. Isadore acted within the course and scope of his employment and position as
President of defendant DTI Electric, Inc.
GENERAL ALLEGATIONS
10. Plaintiffs incorporate by reference the previous paragraphs of the Complaint as if
set forth fully herein.
11. At all relevant times material hereto DTI Electric, Inc. has been a party to the
multi-employer collective bargaining agreement between Local 98 and the Philadelphia division
of the Penn-Del-Jersey Chapter, National Electrical Contractor's Association ("NECA
Agreement") [See a copy of a Letter of Assent and the NECA Agreement attached hereto and
marked respectively Exhibit A and B].
12. Pursuant to Article II, Section 2.03(d) of the NECA Agreement, defendant DTI
Electric, Inc. is obligated to furnish monthly reports to Local Union No. 98 listing the names of
the members of the Union employed, number of hours of employment and the gross earnings of
each.
13. Pursuant to Article III, Section 3.01 of the NECA Agreement, defendant DTI
Electric, Inc. is obligated to submit monthly to the designated local Secretary-Treasurer, an
amount equal to 3% of its gross monthly labor payroll which it is obligated to pay its employees
in the bargaining unit and a completed payroll report prescribed by the National Board.
14. Pursuant to Article III, Section 3.03 and 3.09(b) of the NECA Agreement,
defendant DTI Electric, Inc. is obligated to comply with applicable provisions of the Trust
Agreement establishing the Health & Welfare Fund and provide monthly payments to the Health
5
& Welfare Fund consistent with the terms of the aforementioned Trust Agreement and the
NECA Agreement.
Agreement establishing the Pension Fund and provide monthly payments to the Pension Fund
consistent with the terms of the aforementioned Trust Agreement and the NECA Agreement.
Agreement establishing the Deferred Income Fund and provide monthly payments to the
Deferred Income Fund consistent with the terms of the aforementioned Trust Agreement and the
NECA Agreement.
Agreement establishing the Apprentice Training Fund and to remit monthly payments deductions
from its employees to the Apprentice Training fund consistent with the terms of the Trust
Agreement and the NECA Agreement.
Electric, Inc. is obligated to deduct from the pay of each employed IBEW member working dues
consistent with that amount specified in the approved Local Union No. 98 by-laws and remit the
same to Local Union No. 98.
Agreement establishing the Vacation Fund and to deduct from the pay of each employed IBEW
6
member a percentage of the employee's gross wages as set forth in the NECA Agreement and
forward the same to Local Union No. 98 in a manner consistent with the terms of the
aforementioned Trust Agreement and the NECA Agreement.
Electric, Inc. is obligated to submit a transmittal form setting forth the names of the members of
the Union employed, social security number of the employee, individual employee's gross
earnings and total gross earnings of all employees.
21. Pursuant to Article III, Section 3.09(b) of the NECA Agreement, defendant DTI
Electric, Inc. is obligated to pay liquidated damages for all delinquent contributions in the
amount of ten percent (10%) of the total contribution due, plus interest at the rate of two percent
(2%) per month of the total contribution until full payment has been received.
22. Despite repeated demands advanced by the plaintiffs, defendant DTI Electric, Inc.
has failed to timely remit contributions and deductions due and owing and failed to furnish
required monthly reports.
COUNT I
ERISA CLAIM - VIOLATION OF 29 U.S.C.A. § 1145
LIABILITY FOR DELINQUENT CONTRIBUTIONS, PENALTY AND INTEREST
(Plaintiffs v DTI Electric, Inc.)
26. Defendant DTI Electric, Inc. is an employer within the meaning of 29 U.S.C.A. §
1002(5).
7
27. Defendant DTI Electric, Inc. is obligated to make contributions and submit
withholdings to the aforementioned multi-employer benefit funds pursuant to 29 U.S.C.A. §
1145.
28. Defendant DTI Electric, Inc. has failed to satisfy its obligation to make
contributions and submit withholdings to the aforementioned multi-employer benefit funds
pursuant to 29 U.S.C.A. § 1145.
29. As a direct and proximate result of DTI Electric, Inc.'s violation of 29 U.S.C.A. §
1145 the aforementioned multi-employer benefit funds have been deprived contribution and
remittance totaling an estimate to be a value equal to $124,231.99.
30. As a direct and proximate result of DTI Electric, Inc. violation of 29 U.S.C.A. §
1145 plaintiffs have been caused to incur costs and reasonable attorneys fees associated with
prosecuting this matter.
WHEREFORE, plaintiffs pray for judgment in their favor and against defendant DTI
Electric, Inc. and the relief which follows:
I. That plaintiffs be awarded recovery of unpaid contributions and deductions and
penalties and interest owed pursuant to the NECA Agreement;
II. That plaintiffs be awarded prejudgment interest;
III. That plaintiffs be awarded the cost of prosecuting this claim as provided for by 29
U.S.C.A. § 1132(g)(1);
IV. That plaintiffs be awarded reasonable attorney fees as provided for by 29
U.S.C.A. § 1132(g)(1);
V. That plaintiffs be awarded liquidated damages as provided for by 29 U.S.C.A. §
1132(g)(2)
8
VI. The defendant be enjoined from engaging in future violations of ERISA;
VII. That plaintiffs be awarded a constructive trust over the assets of defendant;
VIII. Defendant be ordered to submit to an audit at the request of plaintiffs;
IX. That plaintiff be awarded further relief as this Court may deem appropriate.
COUNT II
LIABILITY FOR DELINQUENT CONTRIBUTIONS,
PENALTY AND INTEREST
(Plaintiffs v Alan N. Isadore)
32. At all relevant times material hereto defendant Alan N. Isadore was a functioning
director of defendant DTI Electric, Inc.
33. At all relevant times material hereto defendant DTI Electric, Inc. failed to observe
corporate formality.
34. At all relevant times material hereto defendant Alan N. Isadore siphoned funds of
the corporation to further a personal agenda and ignored his duty and responsibility as the
President of defendant DTI Electric, Inc.
35. At all relevant times material hereto defendant DTI Electric, Inc. was
undercapitalized for the purpose of its corporate undertaking.
36. At all relevant times material hereto defendant Alan N. Isadore commingled the
assets of the corporation with his own personal funds and used corporate funds to satisfy
personal expenses.
9
37. At all relevant times material hereto defendant DTI Electric, Inc. was a facade for
the operations of the dominant stockholder defendant Alan N. Isadore
38. At all relevant times material hereto defendant DTI Electric, Inc. was an alter ego
of defendant Alan N. Isadore
39. At all relevant times material hereto defendant Alan N. Isadore was responsible for
the corporate debt of defendant DTI Electric, Inc.
40. Defendant Alan N. Isadore is obligated to make contributions and submit
withholdings to the aforementioned multi-employer benefit funds pursuant to 29 U.S.C.A. §
1145.
41. Defendant Alan N. Isadore has failed to satisfy the obligation to make
contributions and submit withholdings to the aforementioned multi-employer benefit funds
pursuant to 29 U.S.C.A. § 1145.
42. As a direct and proximate result of Alan N. Isadore's violation of 29 U.S.C.A. §
1145 the aforementioned multi-employer benefit funds have been deprived contribution and
remittance totaling an estimate to be a value equal to $124,231.99.
43. As a direct and proximate result of Alan N. Isadore's violation of 29 U.S.C.A. §
1145 plaintiffs have been caused to incur costs and reasonable attorneys fees associated with
WHEREFORE, plaintiffs pray for judgment in their favor and against defendant Alan N.
Isadore and the relief which follows:
I. That plaintiffs be awarded recovery of unpaid contributions and deductions and
penalties and interest owed pursuant to the NECA Agreement;
10
III. That plaintiffs be awarded the cost of prosecuting this claim as provided for by 29
U.S.C.A. § 1132(g)(1);
IV. That plaintiffs be awarded reasonable attorney fees as provided for by 29
U.S.C.A. § 1132(g)(1);
V. That plaintiffs be awarded liquidated damages as provided for by 29 U.S.C.A. §
1132(g)(2);
VII. That plaintiffs be awarded a constructive trust over the assets of defendant;
IX. That plaintiffs be awarded further relief as this Court may deem appropriate.
COUNT III
LIABILITY FOR DELINQUENT CONTRIBUTIONS,
PENALTY AND INTEREST FOR CONTRIBUTIONS
OWED TO HEALTH & WELFARE FUND
(Plaintiffs v Alan N. Isadore)
45. At material times relevant hereto defendant Alan N. Isadore was the acting Chief
Executive Officer of defendant DTI Electric, Inc., was responsible for and ratified every
administrative decision exercised on behalf defendant DTI Electric, Inc., and was vested with the
authority to exercise discretionary control over the management of the financial responsibilities
and business affairs of defendant DTI Electric, Inc.
11
46. At material times relevant hereto defendant Alan N. Isadore exercised
discretionary control over the management of the financial responsibilities and business affairs of
defendant DTI Electric, Inc. including, but not limited to, authorizing and tendering the payment
of contributions and withholdings due to the aforementioned Health & Welfare Fund pursuant to
the NECA Agreement and provisions of the aforementioned Trust Agreement establishing the
Health & Welfare Fund.
47. Pursuant to the Health & Welfare Revised Trust Agreement, the applicable trust
agreement establishing the Health & Welfare Fund, unremitted contributions are deemed assets
of the Health & Welfare Fund, considered to be part of the fund, and vested in the fund trustees.
48. Pursuant to the authority of 29 CFR § 2510.3-102 unremitted contributions are
deemed assets of the Health & Welfare Fund, considered to be part of the fund, and vested in the
fund trustees by operation of law.
49. Defendant Alan N. Isadore is a fiduciary to the aforementioned Health & Welfare
Fund within the meaning of 29 U.S.C.A. § 1002(21)(A)(i).
50. Defendant Alan N. Isadore is obligated, pursuant to 29 U.S.C.A. § 1004(a)(1), to
discharge his duty as a fiduciary with respect to the Health & Welfare Fund solely in the interest
of the participants and beneficiaries and for the exclusive purpose of providing benefits to the
participants and their beneficiaries
51. Defendant Alan N. Isadore is obligated, pursuant to 29 U.S.C.A. § 1004(a)(1), to
discharge his duty as a fiduciary with respect to the Health & Welfare Fund with care, skill,
prudence and diligence.
52. Defendant Alan N. Isadore violated his duty as a fiduciary to the Health &
Welfare Fund by utilizing the assets of the Health & Welfare Fund to satisfy financial
12
obligations not within the meaning of 29 U.S.C.A. § 1004(a)(1) or retained possession and
control of monies rightfully belonging to the Health & Welfare Fund.
53. As a result of defendant Alan N. Isadore's breach of his fiduciary duty owed to the
Health & Welfare Fund he is personally liable, pursuant to 29 U.S.C.A. §1109(a), to the Health
& Welfare Fund for the value of those monies which he failed to remit.
54. As a direct and proximate result of defendant Alan N. Isadore's aforementioned
actions plaintiffs have been caused to incur costs and reasonable attorneys fees associated with
WHEREFORE, plaintiffs pray for judgment in their favor and against defendant Alan N.
Isadore and the relief which follows:
I. That plaintiffs be awarded recovery of unpaid contributions, penalties and interest
due the Health & Welfare Fund owed pursuant to the NECA Agreement;
III. That plaintiffs be awarded the cost of prosecuting this claim provided for by 29
U.S.C.A. § 1132(g)(1);
IV. That plaintiffs be awarded reasonable attorney fees provided for by 29 U.S.C.A. §
1132(g)(1);
V. That plaintiffs be awarded liquidated damages as provided for by 29 U.S.C. §
1132(g)(2)
VII. That plaintiffs be awarded a constructive trust over the assets of defendant Alan
N. Isadore as provided for by 29 U.S.C.A. § 1109(a);
13
IX. That plaintiffs be awarded further relief as this Court may deem appropriate.
COUNT IV
BREACH OF CONTRACT - FAILURE TO REMIT WORKING DUES
(Local Union No. 98 v DTI Electric, Inc.)
55. Plaintiff Local Union No. 98 incorporates by reference the previous paragraphs of
the Complaint as if set forth fully herein.
56. Despite repeated demands of the plaintiffs, in breach of the NECA Agreement
defendant DTI Electric, Inc. has failed to timely remit deductions in connection the IBEW
member working dues.
57. Pursuant to the NECA Agreement defendant DTI Electric, Inc. owes past due
remittance of IBEW member working dues in an amount to be determined at trial.
58. As a direct and proximate result of defendant DTI Electric, Inc.'s aforementioned
actions plaintiff Local Union No. 98 has been caused to incur costs and reasonable attorneys fees
associated with prosecuting this matter.
WHEREFORE plaintiff Local Union No. 98 prays for judgment in its favor and against
defendant DTI Electric, Inc. and the relief which follows:
I. That plaintiff be awarded recovery of unpaid IBEW member working dues as
proven at trial;
II. That plaintiff be awarded prejudgment interest;
III. That plaintiff be warded the cost of prosecuting this claim as provided by Article
III, Section 3.10.3(a) of the NECA Agreement;
IV. That plaintiff be warded the reasonable attorneys fees as provided by Article III,
Section 3.10.3(a) of the NECA Agreement;
14
V. That plaintiff be awarded further relief as this Court may deem appropriate.
COUNT V
BREACH OF CONTRACT - FAILURE TO REMIT WORKING DUES
(Local Union No. 98 v Alan N. Isadore)
60. Despite repeated demands of the plaintiff, in breach of the NECA Agreement
defendant Alan N. Isadore has failed to timely remit deductions in connection the IBEW member
working dues.
61. Pursuant to the NECA Agreement defendant Alan N. Isadore owes past due
remittance of IBEW member working dues in an amount to be determined at trial.
62. As a direct and proximate result of defendant Alan N. Isadore 's aforementioned
actions plaintiff Local Union No. 98 has been caused to incur costs and reasonable attorneys fees
associated with prosecuting this matter.
WHEREFORE, plaintiff Local Union No. 98 prays for judgment in its favor and against
defendant Alan N. Isadore and the relief which follows:
I. That plaintiff be awarded recovery of unpaid IBEW member working dues as
proven at trial;
II. That plaintiff be awarded prejudgment interest;
III. That plaintiff be warded the cost of prosecuting this claim as provided by Article
III, Section 3.10.3(a) of the NECA Agreement;
15
IV. That plaintiff be warded the reasonable attorneys fees as provided by Article III,
Section 3.10.3(a) of the NECA Agreement;
V. That plaintiff be awarded further relief as this Court may deem appropriate.
COUNT VI
WAGE & COLLECTION CLAIM - VIOLATION OF 43 P.S. §260.1 et seq.
LIABILITY FOR DELINQUENT IBEW WORKING DUES
OWED TO LOCAL UNION NO. 98
(Local Union No. 98 v DTI Electric, Inc.)
64. At all material times relevant hereto defendant DTI Electric, Inc. was an
employer, within the meaning of 43 P.S. § 260.2(a) and employed members of Local Union No.
98, IBEW to perform electrical construction on work projects.
65. At all material times relevant hereto defendant DTI Electric, Inc. was contracted
to pay to plaintiff Local Union No. 98 IBEW member working dues defined within the meaning
of 43 P.S. §206.2a.
66. In violation of 43 Pa.C.S.A. §260.1 et seq. defendant DTI Electric, Inc. failed to
pay IBEW member working dues as defined within the meaning of 43 P.S. §206.2 owed plaintiff
Local Union No. 98.
defendant DTI Electric, Inc. and the relief, which follows:
I. That plaintiff be awarded compensatory damages as proven at trial;
II. That plaintiff be awarded the cost of prosecuting this claim 43 P.S. §260.9a(f);
III. That plaintiff be awarded reasonable attorney fees as provided by 43 P.S.
§260.9a(f);
16
IV. That plaintiff be awarded liquidated damages in the amount of 25% of the total
amount of working dues owed as provided for by 43 P.S. §260.10;
V. That plaintiff be awarded interest;
VI. That plaintiff be awarded further relief as this Court may deem appropriate.
COUNT VII
WAGE & COLLECTION CLAIM - VIOLATION OF 43 P.S. §260.1 et seq.
LIABILITY FOR DELINQUENT IBEW WORKING DUES
OWED TO LOCAL UNION NO. 98
(Plaintiff v Alan N. Isadore)
68. At all material times relevant hereto defendant Alan N. Isadore was an employer
within the meaning of 43 P.S. §260.2a and employed members of Local Union No. 98, IBEW to
perform electrical construction on a work projects.
69. At all material times relevant hereto defendant Alan N. Isadore was obligated to
pay to plaintiff Local Union No. 98 IBEW member working dues defined within the meaning of
43 P.S. §206.2a.
70. In violation of 43 Pa.C.S.A. §260.1 et seq. defendant Alan N. Isadore failed to
pay working dues as defined within the meaning of 43 P.S. §206.2a owed plaintiff Local Union
No. 98.
defendant Alan N. Isadore and the relief which follows:
I. That plaintiff be awarded compensatory damages as proven at trial;
II. That plaintiff be awarded punitive damages;
17
III. That plaintiff be awarded the cost of prosecuting this claim 43 P.S. §260.9a(f);
IV. That plaintiff be awarded reasonable attorney fees as provided by 43 P.S.
§260.9a(f);
V. That plaintiff be awarded liquidated damages in the amount of 25% of the total
amount of wage due as provided for by 43 P.S. §260.10;
VI. That plaintiff be awarded interest;
VII. That plaintiff be awarded further relief as this Court may deem appropriate.
COUNT XI
BREACH OF CONTRACT
(Plaintiffs v DTI Electric, Inc.)
71. Plaintiffs incorporates by reference the previous paragraphs of the Complaint as if
72. Pursuant to the aforementioned Commercial Agreement defendant DTI Electtric,
Inc. agreed to make contributions to the previously mentioned multi-employer benefit funds and
satisfy the payment of plaintiff Local Union No. 98 IBEW member working dues as it related the
Local Union No. 98 IBEW members employed by DTI Electric, Inc.
73. In breach of the aforementioned Commercial Agreement defendant DTI Electtric,
Inc. has failed to or otherwise withheld payments due and owing the previously mentioned multi-
employer benefit funds.
74. In breach of the aforementioned Commercial Agreement defendant DTI Electtric,
Inc. has failed to or otherwise withheld payments due in connection with the value of working
dues owed as it related the Local Union No. 98 IBEW members employed by DTI Electric, Inc.
18
WHEREFORE, plaintiffs pray for judgment in their favor and against defendants and the
relief which follows:
I. That plaintiffs be awarded compensatory damages as proven at trial;
II. That plaintiffs be awarded reasonable attorney's fees;
III. That plaintiffs be awarded the cost of prosecuting this claim;
IV. That plaintiffs be awarded interest and damages for prejudgment delay;
V. That plaintiffs be awarded further relief as this Court may deem appropriate.
Respectfully submitted,
Marino & Associates, PC

301 Wharton Street
Philadelphia, Pa 19147
Telephone (215) 462-3200
Telecopier (215) 462-4763
By:
STEVEN F. MARINO, ESQUIRE
Attorney I.D. 53034
DAVID H. CONROY, ESQUIRE
Attorney I.D. 73202
ATTORNEYS FOR PLAINTIFFS

Dated:
19

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Case 2:03-cv-06847-EL Document 1 Filed 12/22/2003 Page 1 of 19

UNITED STATES DISTRICT COURT FOR THE EASTERN

LOCAL UNION NO. 98 :

BRUCE SHELLY, JAMES :

JURISDICTION AND VENUE

1. This action is brought pursuant to Employment Retirement Income Security Act

[ERISA], 29 U.S.C.A. § 1001 et seq., and pendent state claims.

4. Venue of this matter is properly laid in this district pursuant to 28 U.S.C.A.

claims set forth herein having occurred in this judicial district.

THE PARTIES AND RELATED ENTITIES

5. Plaintiff Local Union No. 98, International Brotherhood of Electrical Workers

(hereinafter referred to as "Local Union No. 98") is an unincorporated association commonly

located 1701 Spring Garden Street, Philadelphia, PA 19130.

representatives acting within the scope of their employment.

9. Defendant Alan N. Isadore is an adult individual with an address for service of

President of defendant DTI Electric, Inc.

10. Plaintiffs incorporate by reference the previous paragraphs of the Complaint as if

set forth fully herein.

of the Penn-Del-Jersey Chapter, National Electrical Contractor's Association ("NECA

marked respectively Exhibit A and B].

Electric, Inc. is obligated to submit monthly to the designated local Secretary-Treasurer, an

Agreement and the NECA Agreement.

same to Local Union No. 98.

aforementioned Trust Agreement and the NECA Agreement.

earnings and total gross earnings of all employees.

required monthly reports.

23. Plaintiffs incorporate by reference the previous paragraphs of the Complaint as if

set forth fully herein.

withholdings to the aforementioned multi-employer benefit funds pursuant to 29 U.S.C.A. §

contributions and submit withholdings to the aforementioned multi-employer benefit funds

pursuant to 29 U.S.C.A. § 1145.

remittance totaling an estimate to be a value equal to $124,231.99.

prosecuting this matter.

Electric, Inc. and the relief which follows:

I. That plaintiffs be awarded recovery of unpaid contributions and deductions and

penalties and interest owed pursuant to the NECA Agreement;

II. That plaintiffs be awarded prejudgment interest;

IV. That plaintiffs be awarded reasonable attorney fees as provided for by 29

V. That plaintiffs be awarded liquidated damages as provided for by 29 U.S.C.A. §

VI. The defendant be enjoined from engaging in future violations of ERISA;

VIII. Defendant be ordered to submit to an audit at the request of plaintiffs;

31. Plaintiffs incorporate by reference the previous paragraphs of the Complaint as if

set forth fully herein.

director of defendant DTI Electric, Inc.

President of defendant DTI Electric, Inc.

undercapitalized for the purpose of its corporate undertaking.

the operations of the dominant stockholder defendant Alan N. Isadore

of defendant Alan N. Isadore

the corporate debt of defendant DTI Electric, Inc.

40. Defendant Alan N. Isadore is obligated to make contributions and submit

withholdings to the aforementioned multi-employer benefit funds pursuant to 29 U.S.C.A. §

contributions and submit withholdings to the aforementioned multi-employer benefit funds

pursuant to 29 U.S.C.A. § 1145.

42. As a direct and proximate result of Alan N. Isadore's violation of 29 U.S.C.A. §

remittance totaling an estimate to be a value equal to $124,231.99.

43. As a direct and proximate result of Alan N. Isadore's violation of 29 U.S.C.A. §

prosecuting this matter.

Isadore and the relief which follows:

I. That plaintiffs be awarded recovery of unpaid contributions and deductions and

penalties and interest owed pursuant to the NECA Agreement;

II. That plaintiffs be awarded prejudgment interest;

IV. That plaintiffs be awarded reasonable attorney fees as provided for by 29

V. That plaintiffs be awarded liquidated damages as provided for by 29 U.S.C.A. §

VI. The defendant be enjoined from engaging in future violations of ERISA;