Has Prickly Pear Restaurant Closed?
Just heard that the Prickly Pear Restaurant is closed. I hope this is not true because this is one of my favorite place. Anyone hear anything????
Big Red 
happycamper 
jaimie Heard they closed too! Was going to go there for dinner with my aunt when she came back from Florida but I heard lots of complaints about waitresses and the chef. Heard he was very rude and inconsiderate to his employees. So sad that they closed! Wanted to try the hanger steak!
Jerzgirl
Dallas I went there once and liked the food, but it was a little pricey and it's not in a great location. Maybe that is why.
Metsman I was just given a gift card to their restaurant a couple of weeks ago. Why would they sell that if they knew they were closing?
sumerrain1 
MrsPipes 
iJay I heard the Prickly Pear owners are opening the new Italian Restaurant where Bella's use to be. Just what I heard.
kb2755 They had the best pumpkin ravioli! Sad to hear they are gone. Maybe moving to a bigger and better spot?!
JeffersonRepub The food was good the 3 or 4 times I ate there. The last time I was there, I witnessed the chef/owner being a complete a-hole. I never went back.
Calico696 
Martin Worked there for two weeks. No business. Owners were barely even there. Other wait staff were very rude and unpleasant to work with.
JerseyBabe 
htownlifer Never had a bad experience and the owners were always there when I was there. It is a shame.
CraftBeerBob 
iRun Okay, they had a good run and unfortunately closed. They are a local family, and we're very.supportive of the community, especially the TSA football and cheering programs, and the hhs football and wrestling booster clubs! Why bad talk the owners now?
How sad. Never had a bad meal there. They also catered many functions over the years for us. Hopefully, it won't turn into another vacant store front.
Rmmjs I hope they do get a better location. James on Main is a local family. I believe Hackettstown born and raised. Food is to die for.
Yes, I agree with Bruce Juice...They were a very charitable family. I know also that they provided all of the food for the Senior Prom night held each year at the Middle School. We dined there often over the years and never had a bad meal..Wishing them much success in whatever they decide in the future to do.
Joyful We're very sad to hear this. This has been a great restaurant with very generous community-supportive owners. We appreciate table cloths, as it helps set an atmosphere. We always had great meals and were never disappointed. We hope this is not true, because we will miss them.
yes unfortunately it is true, Prickly Pear has closed. As Martin mentioned one of their sous chef is opening "Bella's" next week. Now "Taste of Italy". The owner of Prickly Pear is helping him with opening it. But I don't know how much he will be involved. So I would consider it a new restaurant rather than Prickly moving. It is in the strip mall where Blockbuster used to be on Rte 46 across from the car dealers.
Prickly was a great restaurant in town and will be missed.
Jim L Oh Joe and Linda ~ I am so sad to hear this!
Your food was spectacular ~ and the lunch deal, unbeatable.
Very much hope you continue to practice your culinary skills locally.
I, and I'm sure many others, will dearly miss your delightful dining experience and hospitality.
Best Wishes for the Future!
MAN 
iChristine I'm with Calico on this one. I too was there that day, I vowed never again. The owner was a complete jerk.
Mommyof3 I wish more people would practice the old, classy, demonstration of manners ~
"If you can't say anything nice, don't say anything at all."
MAN - So we can't note our experience because it was negative? Believe it or not, we don't all live in a world full of flowers, rainbows and unicorns.
I was there with Calico and Mommyof3 that day as well and what the owner did and how he spoke to another member of our group was appalling. He lost my business that day as well.
jrsemom To clarify my comment. The food was prepared well but it just did not bring any excitement for my party and for the price it didn't make sense for our party to return.
Maybe his business was going down the sh!!er and he got stressed out? Maybe bills exceeded revenue? These are things that happen in the private sector. Maybe he was working 80-100 per week with no time off with very little to show for it?
People think business owners are rich. In this case they were charitable but those useless guidance counselors and gym teachers will (unfortunately) likely make off better in the long run with there excessive salary ranges, excessive annual increases, excessive time off, excessive pensions, and excessive retiree medical...
ijay- Understandably, They had their personal reasons for closing their restaurant. They've been around a long time and have been great to our town with donations and charities. But what the hell does that have to do with our teachers? To call our teachers useless and complain about their income has nothing to do with this topic. It also goes to show how much you don't know about the education system. My husband is a gym teacher and works very hard for the small salary that is allotted for them. He leaves at 5am to meet students and athletes at the school gym to work out with them and encourage better health and dedication for their lives &/or sports.- he doesn't get paid extra for that nor is it in his salary.. Many, many of my friends are teachers and strive to teach our children more than is expected. They buy their own supplies and spend more time with lesson plans & tutoring their students because they care. Our children are our future. Teachers deserve more recognition then they get. Your statement was very cruel.
To Joe & Linda- we wish you the happiest retirement. Owning a restaurant for so many years can put a major strain on someone's health. Lighten up ijay. It's people like you who make this forum a joke with such negative comments when we should be supporting each other. Especially to show our youth how to be kind and show encouragement instead of such negativity and bitterness. Have a great day!!
LuLu22 
CBGB When you take the bait and become defensive it is because some truth is in there. Deep in your mind you know very little differentiates your husband from a worker at Walmart except for making many many times more money in total compensation.
Yes we should support our fellow man but I cannot when it comes to overcompensated public workers in our over-taxed state...
Rebecka I'm sorry to hear that the Prickly Pear has closed. Never had a bad meal. And I enjoyed the cooking demonstration nights. The only downside was their location. Good parking and close by but it was mixed in with the wrong type of stores for their clientele.
Oh no Oh, comon'. Unicorns and rainbows? No. Of course you have every right to express your opinion ~ positive or negative.
I was merely pointing, out that here are people who have worked hard, for many years at their business, and been very generous to the community. They are closing, and I wished them well.
The fact that you caught someone on a really bad day, well, to me, it was petty and in poor taste to bring that up here in a public forum, where local folks were just finding out that they are closing, and perhaps wanted to wish them well. I prefer to put my life's energies into useful and positive actions. Peace.
MAN - With all due respect, the ridiculous behavior caused at least three posters in this thread not to return. And they told two friends, and they told two friends and so on, and so on. The chef/owner's behavior was downright outrageous! I can overlook a lot, but this was beyond IMO. To berate a child is disgusting!
The food was really very good, and the place nicely done. She is very nice, he the opposite.
No one should ever have to go through that incident again. That's the point of not keeping quiet in case he was running something new. As long as it's someone else, then there's no longer a concern. There were at least a dozen of us there that day at the table, and more witnesses at other tables. There are more than four of us mentioned here already that wouldn't go back.
GC Calico, without revealing the poster, what did the owner do or say to the child? If you don't want to disclose that info I certainly understand.
positive positive - You live so much up to your name, I think it's a good idea not to go into the story in public. The details aren't important. But if you want the entire story, you can PM one of us.
You do realize you affect an entire family going around smearing the guy to your friends right? I hope that's not the reason they closed. If people went around doing that to every nasty business owner there'd be a lot of places closing down. People need to grow some thicker skin.
Sounds like it was one hell of an incident for so many decent and thick-skinned people to write off the restaurant. It also sounds like it was their choice to close so hopefully they can move on a little easier.
Bonv +1000000 Bonv. You are the voice of reason. Have you ever toyed with the idea of running for office? Lol
Yankeefan Hope you can afford that but kudos to you for admitting publicly you will pay to be spanked. Takes a big person.
IJay, pertaining to teachers apparently your thought process is still back in the 70's-80's.
Do you have any idea how difficult it is for someone with a degree in teaching to find a job much less a part time job with no benefits?
You talk about pension, benefits and tenure..does your 80's way of thinking understand how difficult it is to get tenure?
Privileged teachers is completely false. Save your energy for government workers and their benefits and pensions..than maybe I will understand your point.
In order to come to terms with your fixation I'd suggest you become a teacher and walk in their shoes....
How did this veer away from the PP closing? I wonder if the waitstaff knew they would lose their jobs, people with gift certificates out of luck ... Whatever the reason to close, some folks left in a bad spot.
Nature Lover I hope they are okay and wish them well. We never had a problem with the waitstaff or owners. Actually, Joe would make an item for my husband that was not on the menu. Linda and the staff were friendly. When my Sisters visited we almost always went to the Prickly Pear because they liked it a lot. Unfortunately we do have a gift certificate/card that I guess is a loss for us. I wish they had given a month's notice or so (posted on their window at least) so folks who had gift certs/cards would be able to use. Our card is for $50.00.
Apparently GC, Calico, and company just happened to witness one bad moment that probably rarely happened if at all, so they decided to tell all their friends not to go there. Get a life guys... Was a quiet night when I went there.
Metsman - You get a life. You weren't there and did not witness it. Being a parent, I bet you would have a different view if you had witnessed it. BTW, I never told anyone not to go there, but I did tell people what happened. Whether they went there or not was up to them.
Personally, I remember reading here on HL about the incident when it happened. I now can't find it -- I guess it was removed.
I had been to Prickly Pear several times and thought the food was good (vegetarian food) After I read what happened I decided not to go there anymore.
Didn't the incident in question include a deliberate act of vandalism by the child who got yelled at? Not condoning the severity of the reaction, but let's not make it sound like the guy freaked out for absolutely no reason...
ianimal I totally agree ianimal. I waited to post, but from what I recall kids were not being watched by adults and were damaging things in the bathroom. I think the owner had a right to be upset. I've eaten at the Prickly Pear probably 50 times over the years, and every time I was there, both owners were there, working hard and being friendly. Waitstaff always appeared happy as well. I wish Joe and Linda nothing but the best as they move on, and thank them for all they gave this community.
Let me set the record straight. It was one kid, not kids plural. The child used the restroom and one thing was broken, not multiple things.
The owner had every right to be upset and to ask the parent to pay for any damage. But instead of being reasonable about it, he flew into an insane rage in the middle of the restaurant. Screaming, yelling and ranting in front of all the customers. Then he even had the nerve to throw the broken item at the child's mother.
Was the child in the wrong and the mother responsible for the damage? Absolutely. The manner in which he handled it was dead wrong.
“Judgements prevent us from seeing the good that lies beyond appearances.”
Not mine, but I agree with the philosophy.
justintime I've always said it doesn't help either the guilty or the innocent to go into the details.
Two completely innocent kids were accused first, based on what another member of the staff said. It could have been the staff as well, and the story was muddled and changed so you had doubts about what really happened even if the story was true. All over a $5 item. That's what's really wrong.
Best handled by PM if anyone wants info. Old posts on the Forum have been purged so that the original discussion is no longer there. Because it doesn't really help anyone, what was posted may not have given people the whole story. Let sleeping dogs lie.
So a child breaks a toilet paper holder (they break easily; we've all had to replace them AND they cost $5, if that), and the man gets so angry he goes out into the restaurant, berates the child in front of the entire restaurant AND commits assault and battery by throwing the item at a woman?
Not to mention how unhygienic it is to bring an item like that from the restroom into the EATING area...
He's lucky he wasn't arrested.
ChristieIsAnIdiot I'm sorry they closed. I'd only eaten there a few times, but the food was very good. The risotto was amazing! I liked that it was BYOB. Used to get a bottle of wine from Shoprite liquors. Much less expensive than alcohol prices in a typical restaurant. :-)
I wasn't aware of the incident with the children. It's a shame, especially if it was just one bad day for the guy out of a thousand. Everyone that worked there seemed very pleasant during my visits. At any rate, I'm sorry that it happened ..... and I'm sorry I can't indulge in that risotto again.
Robert Durana 
John So this thread is now two pronged, well at least as I am reading it.
1. Yet another seemingly successful local business closes. I never dined at The Pear, not my style, I'm more gyro, reuben sandwich or fish and chips with some quality beers. But still it's not good to see the local business fail.
2. Bathroom vandalism, which leads to copycat acts>>>>>>see Ryan Lochte
Guess the baseball booster club better change the restaurants on the discount card the boys give out. That’s 2 places you can’t use it at now. KFC and now Prickly Pear.
Clyde Potts You would think the owners would come on here and say they will pay the people who had gift cards. Fat chance of that happening.
Announced several times today on WRNJ; "A Taste of Italy", a charming Italian restaurant, has opened today in Patriot's Plaza on Rt. 46. They are open 'Now' for business. I wonder if the connection to Prickly Pear is accurate. I'm guessing the owners of the now closed Prickly Pear know about this forum since they are local people. It would be nice if they would comment on Hackettstownlife and let us locals, neighbors and former customers know what is true and what is false. I hope all is well with them other than the closing of Prickly Pear.
So now the Owners of Prickly Pear have go to Trial on here?? Comment on what really happened? Let it go people and move on.
Maybe the kid should have been under parental supervision when in Bathroom?
The Owners are great people! Good luck to Joe and Linda and God Bless !!
LittleRascal So four different people commented on what happened that day and it's still in question?
I was working at the prickly pear the day of the incident and i no longer work there for my own reasons not the owners. here is what happened. The owner went to the bathroom and came out and two boys were waiting to go in after. Another kitchen staff member went togo to the bahtroom while the boys were in there and waited for them to finish up. the kitchen staff memeber went in once the boys were done and saw that the handle of the toilet was broken and toilet paper and paper towels were all over the floor of the bathroom. there was no way that any other people had been in the bathroom between the owner the kids and the kitchen staff memeber so the owner went out and spoke with the table in no mean way at all and asked if they could just be more careful and watch their kids so they didn't break anything else. i'm sure he was not happy because now he needed to fix the problem but he kept his temper. as a parent you are responsible for your kids actions and you should have been taking care of them better. if the owners kids went into your home and messed with your stuff would you have given them free cake and let them walk out of your house with no consequence?
It's sad, it seems like just yesterday it opened, and really it wasn't that long ago (10 years or so, I think). I only ate there once. Always depressed to hear of a local business closing.
1988LJ Some people live in a bubble, If this happened to them their view would be totally different.
People without empathy only have sympathy for what effects them...
The incident didn't effect me, however I believe Calico and GC and that's enough for me to have complete disdain for this chef/owner..
FYI- Llittle Rascal, Calico and GC did not want to talk about the incident, but Metsman relentlessly pursued the issue. Re-read above posts.
21upw12 - clearly you were not anywhere near the table with HL posters as the owner came out making a huge scene. The owner was completely out of control. carrying on like that is a sure fire way to lose business. we used to go there before that day, clearly not anymore
As far as the incident, go back and look on this post who has come forward saying they were there! By the responses of us, anyone who has been on the this forum long enough, knows all of us. Some of us are parents while some aren't.
I will also like to point out that it was NOT my children involved since they were all 2 or under. The accused child(ren) were old enough to use the restroom without a parent with them. if someone that I'm giving my business too ever talked to my child(ren) or me like that, they would no longer get my business. I consider the parent of the child(ren) in question a friend, no one should be spoken to in that manner. The owner went about it the wrong way, you don't come out screaming like a luntic.
Positive are you serious? Relentless is a bit of an exaggerated term to use.
Mommyof3 I hope your friend grounded her kids. Sounds like the owner could have handled it differently but I'd be pissed if my kids did that to someone else's property.
Chipster So, were the children involved in the vandalism in the bathroom punished or were they excused because of the treatment by the owner? I'm hoping the kids were held responsible for their destructive actions. The reaction by the owner does not excuse what the kids had done.
outsider "FYI- Llittle Rascal, Calico and GC did not want to talk about the incident, but Metsman relentlessly pursued the issue. Re-read above posts."
Cool Metsman you have powers over people.
The Man Two points:
1) The owner lost his cool and some customers (past tense)
2) A parent did not properly educate his/her child
There is a Psychotherapist who posted in the classifieds looking to rent space. He/she could make a fortune on counseling some of the people on this site.
HLamusesme "i'm sure he was not happy because now he needed to fix the problem but he kept his temper"
OMG this is the funniest statement I have ever read. If that was holding his temper, I would hate to see him show his anger.
"It's sad, it seems like just yesterday it opened, and really it wasn't that long ago (10 years or so, I think). I only ate there once. Always depressed to hear of a local business closing."
If a local business closing truly affects you to the point of depression, perhaps you should patronize them more than once in ten years. Just a suggestion...
"The accused child(ren) were old enough to use the restroom without a parent with them"
Apparently not!! Lol
I have no clue what happened that day since I wasn't there. It sounds like the owner may have went a bit overboard...ok that's his problem if he lost business because of it.
If these children did do what was stated then they are at fault. If they were not old enough or mature enough to go to the restroom on their own then they should not have been allowed to do so...if they were in fact both of those things then clearly they are children that just vandalized someone else's property and were hopefully punished appropriately. Maybe the owner did overreact and embarrass the parent or the others at the table, who knows? The end result was still the same and it was HIS property that was damaged.
Honestly everyone has the right to choose whether they return to an establishment or not based on the experience they had. It just sounds like In this particular situation these kids misbehaved and it's being downplayed.
JRT I travel all over the country on business. I observe how kids act in different places. I can honestly say this area has some of the most obnoxious misbehaved kids. I think it's mostly due to the element of people in the area lately. If you notice at all our local events these kids are just running around like little animals with no supervision at all.
FredFinger ruffle feathers? don't you just hate them kind of makes you look like your molting have fun kids remember toilet paper belongs in trees not on the bath room floor ( sams club sell Tp in big packs cheep)
where is this new restaurant going to be ?
Caged Animal Our family has patronized Prickly Pear for a long time. We have used them for multiple catering events and couldn't find Linda and Joe more pleasant, accommodating, helpful, and guaranteed to put on an outstanding event. We have eaten there often for dinner.
I was NOT in attendance the night of this event so cannot speak directly to what happened. Consider this.....witnesses to the outburst speak of one event. How does anyone know that this wasn't the 5th, 10th, 100th time that Joe had to clean up the restroom after disrespectful, destructive patrons? Maybe this was the final straw? How about, instead of criticizing the hard working owners of a long time local business who have given back to their community, consider that he should be allowed a reaction to his business being disrespected. I'm wondering why there isn't more fuss being made about anyone who thinks it's OK to go into a restroom and be destructive without consequence. Personally? I would be MORTIFIED if my kids did this, and would take whatever deserved public humilitation was delivered.But that's just me.
LVMomOfBoys Without belaboring the point, there were three different versions told then, and now a fourth. Whoever thinks they know what happened, doesn't.
LVMomOfBoys - Consider how *MORTIFIED* you would be if one of your boys were accused by a ranting owner yet everyone knew the kid never left the table. Would you be so quick to accept the public humiliation?
It's too bad it closed, it was a nice option for a decent meal here in town. Clearly with the addition of James On Main their business was reduced and unfortunately it appears too much so.
Greg 
Greg P Just had a shower there, don't care what anyone else has to say... we had the BEST food, the best experience with Joe and Linda, and I had the best shower I could ever have imagined. They were nothing but kind, and the price was extremely reasonable compared to some other local restaurants for catered events. Sorry you had an issue with them over something so stupid, but nothing will change my opinion about how awesome that place was! Never had a bad experience ever. I will definitely be patronizing the new place!
Probably a silly question but figured I'd ask in case the owners are on here. I didn't read all the comments because there are a lot! I got my parents a $90 gift card to Prickly Pear in the middle of July to use specifically for their cooking classes which were supposed to start back up in September or October when I asked. I got married in July and this was part of their gift for all they did for us for the wedding. We wanted them to have a fun night out. Now I feel like I've given them a completely worthless gift as I wasted 90 bucks and now they don't even have anything they can use. I'm super bummed! Is it true the owners are now over at Taste of Italy. I'm wondering if so, if they'd honor the gift card there because of the circumstances. I figure there is nothing that can be done but wanted to ask!
Anom No the owners are not over at Taste of Italy. One of their chefs opened up that restaurant and is the sole owner of that business. So I highly doubt he would honor a gift card considering he did not received the proceeds of that gift card when it was purchased
Unfortunate that you and others lost some money on gift cards, but please think about how much the owners probably lost, since they had to go out of business! I would guess they are probably not laughing about it!
I was also given a gift card and what annoys me is that it was purchased only a couple of weeks before they closed. They must have known it was coming, but still let people buy a gc.
I just read an article (unfortunately couldn't find it again for the link) but it stated that If anyone used a credit card to purchase gift cards for a company that went out of business you can TRY and contact the credit card company, explain the situation to them. They may in turn be able to help you recoup some of the money that was lost on them.
JrzyGirl88 Is there anyway to get a refund for a gift certificate that was issued before the restaurant closed. My friend gave me a $100 gift card for retiring. This was a lot for her to give. I feel bad that it is useless.
Judy Onderko Latest on Prickly Pear
http://www.lehighvalleylive.com/warren-county/index.ssf/2016/12/closed_nj_restaurant_was_month.html#incart_river_home
Lamppost But they're such nice people......
Who does this? They should have closed down way sooner instead of stiffing the landlord for almost a year's worth or rent.
Calico they are good people just as all of us on Htown Life. Hard Times !! Desperate Times !! Hoping things turn around !! It is pay the Mortgage to have shelter for your Family or Pay the Landlord for the space for Restaurant. What would you do ??? Do you want to STIFF your own Family or as you say Stiff the Landlord?? Do not criticize until you live in another persons shoes. It is an unfortunate hardship situation during this Holiday Season for the Andes Family. How do you think they feel? People stiff Landlords, the Banks for not paying Credit Card Bills and Mortgages etc. because they cannot afford it due to Lack of income and this occurs by the Thousands and Thousands. Thanksgiving was a few weeks ago. Be thankful that you are able to pay your Bills and Provide for your family. God Bless the Andes Family and your Family Calico. The Andes are a Family of Pride and Dignity. Desperation has created this unfortunate situation just as it has done for Thousands of other Families throughout our Country. People need to stop being so Judgmental and to have empathy! Happy Holidays to everyone and Pray for Peace, Love and Happiness in Our World. Merry Christmas to the Andes Family ! Hang in there !!
And what about the big bad landlord ? I guess he does not have a family to support ,employees to pay, bills on the property that must be paid.
PREDATOR I hardly see how being considerate of the person who had $153k withheld from them is heartless. Predator is being quite empathetic. Landlords have people they owe money to. They have mortgages, families, kids. Maybe they are nice also.
No idea what went wrong, but these are not particularly hard times. Hopefully, all will be made whole.
On a personal note, I would have "stiffed" my family, i,e., downsized to affordability to pay my bills. We would all love each other just as much.
maja2 Shame on the landlord for waiting so long to do something. If I am more than 10 days late on my rent, my landlord starts filing crap for eviction. Not a very good business model if they let someone default for a year or so.
I'm thankful every day, trust me. I reiterate my statement though. They should have closed much earlier. They are lucky the landlord let them stay as long as he/she did.
Watch that show Bar Rescue. A lot of these businesses stay open much longer than they should and the owners end up with huge amounts of debt.
I'm guessing the landlord didn't "let" them stay. It just takes a long time to move through the eviction process and the courts are usually tenant friendly. It's a shame that this business took advantage of that and stayed in business while not paying rent. Hopefully they at least paid their employees and their other debts.
Tracy 
Old Gent That is true, Christine, but they sold gift certificates just before closing shop. These people were ripped off. The owners had to know things were going downhill fast, they weren't paying their rent for some time and yet they continued to sell gift certificates to innocent customers. I know I would be pretty angry if it happened to me.
justwondering So true juswondering. That really bugs me too. How can you in good conscience sell GCs when you knew you were closing any minute?
What the Andes did was not ethical.
In my eyes it is akin to robbing someone.
If they had any dignity they would offer to buy back those gift certificates.
Well, leave those poor chickens alone!
LOL
"Charlie" will collaborate with me about the fish, too.
He says you shouldn't discriminate.
;-)
I'm going to try and contact the credit card company I used to pay for the gift certificate which was also about $100 for my parents and see if we can get refunded. It was part of their gift for my wedding and all they did. Now they're stuck with nothing and I'm out $100. Very frustrating.
Does anyone think the new restaurant that the Prickly Pear owners "work" at is still not owned by them?
If you don't pay $153K in rent and collect money for gift cards that you know will never be used it is easy to see where the money for the new store came from.
I think it is sad. A man put his life, family, heart and soul into this place. He took a chance, and now he has lost his gamble. I hope his family is ok, they have shelter and heat. Amen.
Single dad Why don't you all lay off the owners! They're a LOCAL Family, who sunk everything they own into trying to open and run their own restaurant, a lifelong dream! Sadly, they have hit very rough times
They have a daughter in college and a son in high school . Again, they are local, they are one of us! It's not like they live in carteret ar hackensack ! Where the hell is the compassion and holiday spirit in this thread! So you may have lost out on a gift card, boo hoo, think of what this family lost!
It's not like the people they stole from are from Hackensack or Carteret either... I'll save my compassion for them.
Single Dad,
Normally I would agree with you. America was built on people that took chances and struggled to get ahead with hopes of making a better future for themsleves and their loved ones. But in my opinion the owners of Prickly Pear crossed the line when they took money from people for gift cards knowing they would never be able to use them.
If the owners of the Prickly Pear have not filed for bankruptcy protection you still may have options. Contact the FTC.
From my understanding, this was a thriving and successful business until they abruptly shut their doors. It's not like anyone saw this coming except the owners. So it's hard to have compassion for people that indeed took advantage of their loyal and local customers.
So did anyone try to get their money back for the gift cards or are people expecting the money to magically return to their pockets?
Tracy, you don't have a clue about the situation! "Your understanding" couldn't be farther from the truth! You all speak like they took the money and ran! A civil matter like this shouldn't have even been in the paper. how do you think their son and daughter feel. BTW, this doesn't make it right, but the poor landlord is shop rite/ronetco. I don't think this rent issue will put them under!
"You all speak like they took the money and ran!"
By selling GCs when they knew they were closing any day is exactly taking the money and running. I haven't heard anything about them attempting to reimburse those who lost out. What do you consider taking the money and running? Going door to door selling Girl Scout cookies, accepting payment and then never coming back with the goods? If so, this is the same thing.
Regarding the landlord, just because it's a corporation instead of Joe Smith down the road doesn't mean it's no big deal if they don't pay the rent.
How about the people whining about their money, go reach out for a refund instead of bashing people on a public forum.
see N.J.S.A. § 56:8-110
http://law.justia.com/codes/new-jersey/2013/title-56/section-56-8-110
when the retailers close their doors, consumers holding unredeemed gift cards from
those retailers wait in line with other creditors for the slim chance
of a payout by the united states trustee.
This is why the FTC takes the position that gift card issuers must be required to hold the money earned from gift card sales in trust accounts for honoring gift cards if the issuing retailers remain in business after filing for bankruptcy.
Heres what I don't get:
If you use your credit cards within 90 days before filing bankruptcy for luxury goods and services aggregating more than $675 (as of April 2016), fraud is presumed.
If you use your credit cards for cash advances totaling more than $950 (as of April 2016) within 70 days before filing bankruptcy, fraud is presumed.
if you are a business knowing failure is imminent and you have no intent on honoring said card - no penalty. you basically gave them an unsecured loan they defaulted on with no penalty civil or otherwise.
skippy Hi Skippy,
Good question indeed! Here are my 2 cents. 11 U.S.C. 523(a)(2)(A) denies a discharge "for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud []".
So let us say that a hypothetical business is knowingly engaging in such deceptive sales practices. If the gift cards and the total value are low, it may not make financial sense for someone to take on such a case.
Jonathan Stone Agreed Jonathan - not worth it to pursue but there have been class actions in the case of foot locker and sharper image
The owner was very sick and in the ICU at the hospital for quite a time with a poor prognosis and is still trying to feel good. It was around the beginning of this year, so at least a year now. As with most self employed small businesses I'm sure medical benefits were non existent and bills astronomical. The Pear closed so quickly I'm sure they were hoping to hang on and not to close. They are a very kind family who donated to all sorts of local businesses and school functions. It's a sad deal about the gift cards but I am sure this wasn't done to try to scam people.
Benn4 A lot of excuses for people who scammed a landlord for over 1 year and then scammed unsuspecting customers through the sale of gift cards. If the owners had any bit of morality they would have tried to work out a solution with the landlord instead of leaving him/her high and dry for over $130K and most definitely would have suspended gift card sales but they didn't. A lot of people have serious family, health and financial issues without pulling stunts like this on their community, neighbors, customers. If they are such a philanthropic family perhaps they can reimburse all those people that bought the gift cards.
Skippy, the "new place" is run by the former chef, not the former owner. Please get your information validated before you trash a very nice establishment trying to make a successful business. We've had several meals there, all excellent. Hard to understand how you can make these statements as you don't even live in the area anymore.
I am very disappointed in many of you! I know you could care less but many of you have no idea what happened.
As always happens on this forum is lets judge and bash these people! Trust me if you were to walk in their shoes you would want your own back real quick.
I am not at liberty to say what I know. (I wouldn't either as it is personal info) but to judge anyone for this that none of you know is pretty sad.
I have been in their position and its a very difficult situation.
A question of law was asked and answered - my state of residence is immaterial - sorry I don't subscribe to your agenda - I've said nothing in regards to the principals of this establishment- just discussed the fraudulent nature of being in default but yet offering cash equivalent securities for sale knowing they would not be honored due to said known imminent default - I guess I need to live in the 07840 to get the spirit of federal law per se- moronic
I guess the fact that you live in warren county and have eaten there trumps the fact that they sold unsecured debt cards they could not ever honor - I'm glad you like their food
And Christine - motives and well wishes are immeterial when it comes to business law / i get that you share their feelings of a failed business - however that's immaterial - the question is : did the principals know the operation was preparing to default - clearly it was ongoing over a year 1 did they continue to sell debt instruments over the corse of that time which were redeemable for goods and service at that establishment knowing it was not feasible - yes they did. What other question exists - they are at least fraudulent by any measure of the word
As I stated they haven't paid for about a year which falls into the time frame of falling ill. If my significant other was dying I think paying the landlord would be the last thing on my mind. How do you know the landlord wasn't told about this hardship and told them to try to pay when he's on his feet and by then the medical bills pile in. I sincerely hope none of you have to go through the pain of possibly pulling your daughter out of college and your high schooler to the hospital for goodbyes. I'm going to believe these people tried their best with hopes that they could try to pick things up. Hopefully those of you with gift cards can receive a refund through your credit card or some other way. Bashing a hurting family helps no one.
So paying rent would not be a priority but trying to keep the doors open would? That makes no sense - and while I sympathize with their illness and loss it's not a license to conduct business in any manner you want.
Skippy said: "Or arrange to honor them at the new place".
There is no new place. That's the point.
If the former business has a posting on how to contact them for refunds, it would have been just as easy for you to tell people the phone # Metsman. Not everyone has facebook.
Well said justintime!
You guys have no clue of the relationship between the landlord and the business. You have no idea why they suddenly had to close the doors (which was not planned).
Everything on here is speculation. And remember there are always 3 sides to the story.
Planned it not it took place over the course of the year and I am fairly sure the landlord tenant relationship was based primarily on remuneration for use of the commercial property - seems that also became of note since it was in the paper when the operators failed to honor that commitment as well.
Difficult position to take Christine when our collective default response is to always assume folks are mean and nasty and guilty as sin.
And now that we as a society are doing the same through our laws - assuming everyone will be guilty at some point and therefore wanting to limit any type of behavior that may possibly happen, someday somewhere - I really don't expect our view to become more prevalent. The trend is the exact opposite, sadly...
As a landlord, I have experienced this situation first hand. It is one of the costs of doing business, and the landlord will be on the list of creditors in Bankruptcy Court. To open a business, you have to be optimistic. and you need to have faith that you can get through the hard times and comeback. I am sure they wanted to pay back everyone. Lighten up. Before the mid 1800s, you would be thrown in jail for debt. You can't repay your creditors if you are in jail - thus the bankruptcy law. Leave a nice family alone and count your blessings.
observer3 observer3 - do you have anything available for rent? I like that you would not freak out if I didn't pay my rent. Some landlords are so uppity about getting paid! At least you understand that, as a landlord,you should just expect some families not pay rent for a year or so, because, you know we all fall on hard times. I'm so glad you allow tenants to not pay you for extended periods because you understand that people hit hard times and you cover for them. At least YOU would leave a nice family alone and count your blessings and let them live rent free for over a year. Bless you.
Heidi Heidi, it is more difficult to replace a restaurant tenant than an apartment tenant. This fact come into play...
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