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RESIDENTIAL REROOFERS LOCAL 30-B HEALTH & WELFARE

August 28, 1997

RESIDENTIAL REROOFERS LOCAL 30-B HEALTH AND WELFARE FUND OF PHILADELPHIA AND VICINITY et al.
v.
A & B METAL AND ROOFING, INC.



The opinion of the court was delivered by: JOYNER

 Joyner, J.

 August 28, 1997

 INTRODUCTION

 Before the Court is Plaintiffs' Motion for Partial Summary Judgment on the issue of Defendant's liability for contributions to benefit funds. For the following reasons, summary judgment is granted.

 BACKGROUND

 Defendant A & B Metal and Roofing, Inc. ("A & B") is a roofing contractor. A & B's 1990 incorporation documents identify Gary Bentz as Vice-President, Secretary, and Treasurer of the company and Robert Andalis as President. Plaintiffs are Residential Reroofers Local 30-B (the "Union"), a labor union, and various multi-employer benefit funds (the "Funds"). This action concerning Defendant's liability for contributions to plaintiff Funds pursuant to a collective bargaining agreement ("CBA") which Defendant allegedly entered into with the Union.

 On December 17, 1991, Eileen Nicastro signed a CBA under the signatory heading "contractor" which included A & B's name, address, and phone number. David McBride, a Union representative, signed the CBA for the Union.

 The CBA provides for employer contributions to the Funds for time worked by or paid to qualifying employees. The CBA also requires that these contributions be submitted to the Funds no later than the fifteenth day following the month in which the work is performed. The CBA contains an "Evergreen Clause" such that it is automatically renewed every year unless terminated by one of the parties. The termination procedure requires written notice to the other party before September 30th, in which case the CBA would terminate on November 30th of that year. Remittance reports show that Defendant made contributions to the Funds regularly from February 1991 to June 1992 and from October 1993 to March 1994. *fn1"

 In July 1994, Gary Bentz became the president of A & B. Also in July 1994, the Union sent Bentz a renewal of the CBA with an assent page for his signature. Bentz never signed this renewal assent. Bentz also never wrote to the Union to terminate the CBA. In March 1996, Bentz sent a letter to the Funds, not to the Union, indicating his intent not to be bound to the CBA and not to pay contributions. His letter also stated, "In July 1994, Eileen Nicastro stepped down from being president of A & B," and that at that time he had become president. Pl.'s Memo in Supp. of Partial Summ. J. (Pl.'s Memo) Ex.3.

 Plaintiffs commenced this action on July 16, 1996 to recover alleged delinquent contributions due the Funds. Plaintiffs move for partial summary judgment on the issue of Defendant's liability for benefit fund contributions.

 DISCUSSION

 I. Summary Judgment Standard

 The court should grant summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). Whether a genuine issue as to any material fact exists is determined by whether the evidence is such that the fact finder could find reasonably in favor of the non-moving party. See id. at 248. To survive summary judgment, the non-moving party must raise more than a scintilla of evidence. Williams v. Borough of West Chester, 891 F.2d 458, 460 (3d Cir. 1989). Further, the non-moving party can not simply rely on the assertions in its answer but must, by affidavits or by the depositions and admissions on file, "make a showing sufficient to establish the existence of [every] element essential" to its case. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 91 L. Ed. 2d ...


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