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Chuck’s Cafe contests court ruling ordering bar to pay more than $7,000

The owner of Chuck’s Café is contesting a court ruling ordering the bar to pay more than $7,100 for not responding to a lawsuit from a debt collector, arguing that he never received a copy.

The Pittston, Pennsylvania, location of food distributer US Foods Inc., which is about 25 minutes south of Scranton, sued the bar and its owner on Jan. 16 over unpaid bills. The lawsuit does not go into many specifics — other than mentioning Chuck’s Café entered into an agreement on Oct. 4, 2012, with the company for the delivery of $4,341.55 worth of “goods and services.” Onondaga County Supreme Court Justice James Murphy on Aug. 28 ruled in favor of the debt collector and ordered the bar to pay $7,160.18.

Jacqueline Jones, an attorney for Chuck’s Café owner Stephen Theobald and his company, wrote in an Oct. 6 affidavit that the bar did not receive a copy of the summons and complaint for the lawsuit. Jones also wrote there is a “genuine issue” to whether all of the “goods” were delivered and asked the judge to reverse his ruling.

Jones did not return a phone call and email on Monday afternoon. Debt collector Albert DiGiacomo was not in the office Monday afternoon and did not immediately respond to an email. US Foods Inc. spokeswoman Michelle Calcagni also did not return a call and email. A call to Chuck’s Café late Monday night was not returned.







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