Opinion
No. 08 C 2280.
March 12, 2009
TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS, John J. Toomey, ARNOLD AND KADJAN, Chicago, IL.
MOTION FOR JUDGMENT IN SUM CERTAIN
NOW COMES the Plaintiff, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUND, by and through its attorney, JOHN J. TOOMEY, ARNOLD AND KADJAN, and pursuant to FRCP 55 move for entry of a default judgment in sum certain as stated in this Complaint and the supporting Affidavits attached hereto. In support of its Motion, Plaintiffs state as follows:
1. Suit was filed on April 22, 2008 for collection of delinquent contributions plus attorneys' fees, costs and interest under 29 U.S.C. 1132(g)(2).
2. Service upon MCDONALD TRANSPORT CORP., an Illinois corporation not in good standing, was made on the Defendant on May 28, 2008, and a copy of the proof of service was filed with the court on June 4, 2008.
3. Service upon Patrick McDonald, Individually, was made on the Defendant on May 28, 2008, and a copy of the proof of service was filed with the court on June 4, 2008.
4. On June 20, 2008, PATRICK MCDONALD, Individually and as President of McDonald Transport Corp. entered into a Pension Fund installment note for $2,247.13 (Exhibit A). Installment payments have made through October 30, 2008. There remains a balance due the Pension Fund of $1,290.28 (Exhibit B).
5. On June 20, 2008, PATRICK MCDONALD, Individually and as President of McDonald Transport Corp. entered into a Welfare Fund installment note for $5,040.72 (Exhibit C). Installment payments have made through October 30, 2008. There remains a balance due the Pension Fund of $2,583.30 (Exhibit D).
6. The Defendants are now in default as to the Complaint and as supported by the attached Affidavits the sums due are:447.00
$1,290.28 Pension installment note $2,583.30 Welfare installment note $925.00 Attorneys fees $ Court costs $5,245.58 WHEREFORE, Plaintiffs pray for the entry of judgment against Defendants, MCDONALD TRANSPORT CORP., an Illinois corporation not in good standing and PATRICK MCDONALD, Individually, jointly and severally and in favor of Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS in the amount of $5,245.58.EXHIBIT A
SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS FRINGE BENEFITS
McDonald Transport, Inc.: Pension Fund
June 20, 2008
For value received, the undersigned promises to pay to the order of Suburban Teamsters of Northern Illinois Pension Fund the principal total of $2,247.13 ( Two Thousand Two Hundred Forty Seven and 13/100 dollars.)
The maker of this Note acknowledges that the above indebtedness represents fringe benefit contributions and other costs and charges due and owing pursuant to applicable provisions of the Employee Retirement Income and Security Act 29 U.S.C. 1145. For contributions due for the period Nov., 2006 through March, 2008.
The Employer shall make a down payment of $561.78 on June 20, 2008, leaving a principal balance of $ 1,685.35. That balance is to be paid with 10% annual interest in 12 equal and consecutive monthly installments of $148.17 beginning on July 30, 2008. Payments should be sent to:
Suburban Teamsters of Northern Illinois
1275 W. Roosevelt Rd. Unit 121
West Chicago, IL 60185
Or such other place as may be directed by the legal holder of this Note,
The Employer is to remain current in regular monthly contributions. Failure to do so will be considered a default, causing the remaining unpaid Note balance to become immediately due and payable.
The undersigned hereby irrevocably authorizes any attorney of any court of record to appear for the undersigned in such court, in term time or vacation, at any time after default in the payment of any installment of the principal hereof, and confess judgment without process in favor of the payee or holder of this Note for the unpaid amount, together with costs of collection including reasonable attorney's fees, and to waive and release all errors which may intervene in such proceedings, and consent to immediate execution upon such judgment, hereby ratifying and confirming all that said attorney may do by virtue hereof.
All parties hereto severally waive presentment for payment, notice of dishonor and protest.
By: ________________________________________ Date: _______________________ Patrick McDonald, President McDonald Transport, Inc. _________________________________________ Date: _______________________ Patrick McDonald, IndividuallyEXHIBIT B
McDonald Transport, Corp. 4449 Pension Fund $ (2,247.13) $561.78 Date: June 20, 2008 Ck #: 1605 $ (1,685.35) 12 $148.17 /month PAY THIS. . . . . . OR THIS AFTER REGULAR PAYMENT Payments Made Er # PRINCIPAL TOTAL: DOWN PYMT: PRINC BALANCE: NMBR PYMNTS: MNTHLY PYMT: . . NOTE CURRENT Date DUE BALANCE PEN PYMNT PRINC PD PRINC BAL Date Check # 1 07/30/08 1,699.39 148.17 134.12 1,551.23 1 8/29/08 1630 2 08/30/08 1,564.15 148.17 135.24 1,415.98 2 9/26/08 1643 3 09/30/08 1,427.78 148.17 136.37 1,279.61 3 11/6/08 1655 4 10/30/08 1,290.28 148.17 137.51 1,142.11 4 12/11/08 1663 5 11/30/08 1,151.63 148.17 138.65 1,003.46 5 6 12/30/08 1,011.82 148.17 139.81 863.65 6 7 01/30/09 870.85 148.17 140.97 722.68 7 8 02/28/09 728.70 148.17 142.15 580.53 8 9 03/30/09 585.37 148.17 143.33 437.20 9 10 04/30/09 440.84 148.17 144.53 292.67 10 11 05/30/09 295.11 148.17 145.73 146.94 11 12 06/30/09 148.17 148.17 146.94 (0.00) 12EXHIBIT C
SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS FRINGE BENEFITS McDonald Transport, Inc.: Welfare FundJune 20, 2008
For value received, the undersigned promises to pay to the order of Suburban Teamsters of Northern Illinois Welfare Fund the principal total of $5,040.72 ( Five Thousand Forty and 72/100 dollars.)
The maker of this Note acknowledges that the above indebtedness represents fringe benefit contributions and other costs and charges due and owing pursuant to applicable provisions of the Employee Retirement Income and Security Act 29 U.S.C. 1145. For contributions due for the period Aug., 2006 through March, 2008.
The Employer shall make a down payment of $ 1,260.18 on June 20, 2008, leaving a principal balance of $3,780.54. That balance is to be paid with 10% annual interest in 12 equal and consecutive monthly installments of $ 332.37 beginning on July 30, 2008. Payments should be sent to:
Suburban Teamsters of Northern Illinois
1275 W. Roosevelt Rd. Unit 121
West Chicago, IL 60185
Or such other place as may be directed by the legal holder of this Note.
The Employer is to remain current in regular monthly contributions. Failure to do so will be considered a default, causing the remaining unpaid Note balance to become immediately due and payable.
The undersigned hereby irrevocably authorizes any attorney of any court of record to appear for the undersigned in such court, in term time or vacation, at any time after default in the payment of any installment of the principal hereof, and confess judgment without process in favor of the payee or holder of this Note for the unpaid amount, together with costs of collection including reasonable attorney's fees, and to waive and release all errors which may intervene in such proceedings, and consent to immediate execution upon such judgment, hereby ratifying and confirming all that said attorney may do by virtue hereof.
All parties hereto severally waive presentment for payment, notice of dishonor and protest.
By: ________________________________________ Date: _______________________ Patrick McDonald, President McDonald Transport, Inc. _________________________________________ Date: _______________________ Patrick McDonald, Individually