Dispute over iconic McKeesport lounge headed back to court
Viking Lounge owner Michael Joyce's attorney said he will file a motion for judgment Tuesday in Allegheny County Common Pleas Court in a civil dispute with McKeesport Councilman Daniel K. Carr.
Joyce said he's waiting for the results of the motion before deciding on whether to file a complaint that could lead to criminal charges against Carr, who ran the Viking from 2008 to 2014.
According to court papers, Carr agreed in the summer of 2008 to purchase the Viking for $105,000, with $1,000 to be paid each month for 85 months and $20,000 to be held in escrow pending transfer of the Viking's state liquor license.
Carr is embroiled in a dispute with Joyce over alleged failure to pay almost $40,000 in monthly obligations.
Jeffrey D. Ries of McGrail & Associates in White Oak said he plans to file the motion for judgment regardless of events that started when Magisterial District Judge Eugene F. Riazzi Jr. ruled April 8 that Joyce could retake the iconic McKeesport bar and restaurant from Carr.
“We would have done this anyway,” Ries said. “If you look at all the pleadings in the case, and if you take the case that we put together and the case that Dan Carr and his attorney have put together, do we win as a matter of law? Yes we do.”
Joyce replaced Pittsburgh attorney William E. Stockey with Ries. Stockey filed the initial complaint against Carr on Aug. 4, alleging breaches in contracts to lease the bar and buy it from Joyce.
Carr's attorney Robert Allen Goldman responded on Sept. 11, disputing portions of the Stockey filing including questions about whether Carr's agreement was with Joyce or with J&K Viking Lounge Inc., a company led by Joyce whose officers include secretary Elsie Smith and treasurer Eugene Kowalski.
“Defendant is without knowledge as to whether these individuals are shareholders,” Goldman wrote.
Ten days after Riazzi's ruling in a hearing for recovery of real property, Joyce said he saw Carr loading trucks with items from the Viking, but a constable said Joyce could not act at that time.
Another 10 days passed, Joyce said, and on April 28 he found that Carr had “completely emptied the place,” including a 10-ton air conditioning unit, most kitchen fixtures and even the beer taps from the bar.
“He trashed the place,” Joyce said Monday afternoon. “Since then I've changed the locks and put in an alarm system. I don't know what I am going to do. I might tear down the place because I'm not putting any more money into the place.”
Carr did not return calls requesting comment. Goldman said he could not comment until he saw the filing.
The Viking was well known over the past several decades as a gathering place for oldies fans and politicians, jazz concerts and Joint Task Force meetings.
“I was there for 30 years,” Joyce said.
Patrick Cloonan is a staff writer for Trib Total Media. He can be reached at 412-664-9161, ext. 1967, or pcloonan@tribweb.com.
