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RESIDENTIAL REROOFERS v. RYNK ROOFING

March 30, 1994

RESIDENTIAL REROOFERS LOCAL 30-B HEALTH AND WELFARE FUND, et al., Plaintiffs,
v.
RYNK ROOFING, et al., Defendants.



The opinion of the court was delivered by: J. CURTIS JOYNER

 Joyner, J.

 Before the Court is plaintiffs' motion for an order to show cause why defendants should not be held in civil contempt for failing to comply with this Court's Order entered October 27, 1993. A contempt hearing was held on March 24, 1994, however, defendants failed to appear. Based upon the evidence introduced at the contempt hearing, which is discussed below, and plaintiffs' brief (to which there was also no response), we find defendants to be in contempt of this Court's order.

 I. FINDINGS OF FACT

 1. Plaintiffs filed suit against defendants Rynk Roofing and George Rynk, who allegedly owns Rynk Roofing, on August 23, 1993 in order to recover fringe benefit contributions owed by defendants, as well as interest, attorneys' fees and costs.

 2. Defendants were served with the complaint on September 18, 1993 and proof of service was filed with the Court on September 29, 1993.

 3. Defendants failed to appear, answer or otherwise respond to the complaint, therefore, this Court granted plaintiffs' motion for default judgment on October 25, 1993 pursuant to Rule 55(b) of the Federal Rules of Civil Procedure.

 4. Pursuant to Court Order, defendants were ordered to make available the payroll books and records to plaintiffs within fifteen days so that the amount of delinquent contributions owed to plaintiffs could be ascertained.

 5. Defendants were also ordered to submit any overdue remittance reports within fifteen days of the order.

 6. On November 4, 1993, plaintiffs sent a copy of the order along with a letter requesting defendants to contact plaintiffs' accountant so that an audit could be conducted. Plaintiffs sent the letter via regular and certified mail to George Rynkiewicz, 6279 Hulmeville Road, Bensalem, PA 19020.

 7. Although the letter sent by regular mail was not returned to plaintiffs, the letter sent by certified mail was returned and marked "unclaimed."

 8. Defendants failed to contact plaintiffs' accountant, to submit to an audit or to submit remittance reports to plaintiffs, therefore, plaintiffs filed the present motion on February 2, 1994.

 9. On March 16, 1994, this Court entered an order scheduling the contempt hearing for March 24, 1994.

 10. Plaintiffs attempted to personally serve George Rynkiewicz with the court order on four different occasions between March 17 and March 23 at the Hulmeville Road address, ...


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