Food products distributor alleges Montgomery County restaurants and owner breached contracts and payment guarantees

By Nicholas Malfitano | Jun 12, 2017

PHILADELPHIA – A marketer and distributor of food service products has initiated litigation against a pair of Montgomery County restaurants and their owner, claiming the defendants caused it over $14,000 in financial damages when they breached customer account contracts and guarantees of payment.

Sysco Philadelphia, LLC filed suit in the Philadelphia County Court of Common Pleas on May 30 versus Lee’s Hoagie House of Horsham, LLC of Horsham, Joba 9, LLC (doing business as “Lee’s Hoagie House of Abington”) in Abington and Jonathan J. Waxman, of Ambler.

The complaint states Sysco entered into customer accounts with the Lee’s Hoagie House locations in both Horsham and Abington, where Sysco would supply goods to the restaurants in exchange for payment. Waxman also executed personal guarantees for payment according to these agreements.

After supplying said goods to the restaurants over a period of time from August 2016 to November 2016, Sysco says the defendants defaulted on both the customer accounts and the guarantees, leaving them in arrears for $14,486.38, inclusive of accrued interest as of May 25, with interest continuing to accumulate on a daily basis.

For counts of breach of contract, breach of guaranty, book account/account stated and unjust enrichment, the plaintiff is seeking damages, jointly and severally, not in excess of $50,000, plus reasonable attorney’s fees and costs, interest, costs of suit and other relief as may be just and equitable as to each defendant in this matter.

The plaintiff is represented by Sergio I. Scuteri of Capehart & Scatchard, in Mount Laurel, N.J.

Philadelphia County Court of Common Pleas case 170504145

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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