McDaniels, et al.  v.  Service Plus Delivery Systems, et al.

Pennsylvania Court of Common Pleas - Philadelphia County

October Term 2007,  No. 04503


This is a class action on behalf of paratransit drivers and escorts who seek back wages for unpaid overtime.


(The case was stayed from 2008 - 2011 due to criminal charges that were pending against one of the

Individual Defendants, until the stay was lifted on January 25, 2011.)


On March 24, 2011, Judge Abramson of the Philadelphia Court of Common Pleas issued a Default Judgment

against all Defendants. The Default Judgment was lifted as to David Ellis only on July 21, 2011, but remains

for the Corporate Defendants; Brian Somerman, Michael Gallagher, and Harry Gallagher.


A scheduling conference was held on September 20, 2011.


On June 28, 2013, a Hearing for Assessment of Damages was held before Judge Shelley Robins New.

On July 1, 2013, the Judge issued an Order for Damages against the remaining Defendants in the amount of

$1,400,154.45, for back wages, liquidated damages, employer tax contributions, and attorneys' fees and costs.

Now that the Order for Damages has been entered, we are pursuing an execution on the judgment, and

collection of the amount owed.


As you may know, Service Plus Delivery Systems, Inc. and Service Plus Paratransit no longer exist,

so now we must attempt to collect the Judgment from the remaining Individual Defendants.


We continue to explore all options available for collecting assets from the other Defendants. To do this, we will conduct

Discovery in Aid of Execution, a process used to determine the existence, nature, and location of any assets

which may be applied to satisfy the judgments. This procedure is neither short nor simple, and will take

considerable time and effort.




Case Documents:


Complaint


Answer to the Complaint


Order for Assessment

of Damages Hearing


Bankruptcy Notice of Hearing

Notice will be sent by email

if and when funds become

available for distribution.


Please keep us informed of any changes

to your contact information, including

your name, address, phone number,

and/or email address.