Archive for the ‘Legal’ Category


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Next Exit…

Rumor has persisted for many a month now that Mr. K. was knee-deep in bankruptcy proceedings, but no official confirmation was discovered (on PACER) until now.  In response to the threat of a summary judgment against Mr. K. in the State of Ohio v Unmistakably Premier Homes/Stephen Kovack case, lawyers for Mr K filed a last second “Suggestion of Bankruptcy” with the court:

Defendant Stephen M. Kovack, by and through the undersigned, hereby serves notice that he has filed a Chapter 7 Voluntary Bankruptcy Petition on December 20, 2012 in the U.S. Bankruptcy Court, Southern District of Florida.  The case is styled as U.S. Bankruptcy Court, Southern District of Florida, Case #12-40209-AJC.

The proceedings herein and any and all acts, including, but not limited to judicial and administrative proceedings, are automatically stayed pursuant to 11 U.S.C. Section 362 of the Bankruptcy Code.

In the big euchre game of life, it appears the Bankruptcy Code trumps all other civil laws.  Medina County Common Pleas judge, James L. Kimbler, issued  an automatic stay until further notice.

Now that we have an actual case number, we’ll bring you more information as we sift through it, so stay tuned!

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Houston, Apollo 10 Does Not Have a Problem… But UPH (Mr K) Does

If you do a Wikipedia search on the day May 22nd, among the important events you will find:

What you won’t find, however is:

  • PLT’S MOTION FOR DEFAULT JUDGMENT IS SET FOR HRG ON 5/22/2013 AT 10:30 A.M. BEFORE JUDGE KIMBLER IN COURTROOM 2

For that, you’ll have to mosey on over to the Medina County Clerk of Courts website, and do a search on Case Number 12CIV1691, State of Ohio v Unmistakably Premier Homes, Inc, et al.

It looks from court documents, the Ohio Attorney General is looking to close the book on this case via a default judgement.  What that means is a ruling in the state’s favor without a full blown trial.  Seeing as the defendant, UPH and Mr K, have not formally replied to the accusations asserted by the Ohio AG, a default judgement may actually occur.

Comment below if you plan to attend the proceedings!


Maybe?

Maybe?

In the movie “The Usual Suspects”, Kevin Spacey’s character, Verbal Knit, spins a tale describing the mysterious mob boss known as Keyser Söze.  During his story, Verbal utters “The greatest trick the devil ever pulled was convincing the world he didn’t exist…  And like that, he’s gone.”  Is Mr K a fan?

After repeated attempts by the Ohio AG to serve Stephen Kovack, a praecipe has been filed with the Ohio Secretary of State’s office pursuant to the Ohio Revised Code 1701.07(H), which states:

If (1) the agent cannot be found, or (2) the agent no longer has that address, or (3) the corporation has failed to maintain an agent as required by this section, and if in any such case the party desiring that the process, notice, or demand be served, or the agent or representative of the party, shall have filed with the secretary of state an affidavit stating that one of the foregoing conditions exists and stating the most recent address of the corporation that the party after diligent search has been able to ascertain, then service of process, notice, or demand upon the secretary of state, as the agent of the corporation, may be initiated by delivering to the secretary of state or at the secretary of state’s office quadruplicate copies of such process, notice, or demand and by paying to the secretary of state a fee of five dollars. The secretary of state shall forthwith give notice of the delivery to the corporation at its principal office as shown upon the record in the secretary of state’s office and at any different address shown on its last franchise tax report filed in this state, or to the corporation at any different address set forth in the above mentioned affidavit, and shall forward to the corporation at said addresses, by certified mail, with request for return receipt, a copy of the process, notice, or demand; and thereupon service upon the corporation shall be deemed to have been made.

So, in not so many words, since Mr K and UPH could not be served through normal channels, the AG has brought in the power of the Secretary of State, which apparently fulfills the requirement of service.

So now we wonder.  Is Stephen Kovack just like Keyser Söze – a figment in our collective imagination?


lebron4Looks like Mr. K has decided to take his talents to South Beach.  Court documents filed on January 4th indicate that the Ohio Assistant Attorney General’s office (Cleveland Office) sent a summons to Mr K at a Miami Beach address.   A quick Google Map search shows the address to be a posh condo located on the shores of Biscayne Bay, just spitting distance from the arena where King James plays.  We wonder how many caved-in stoops, unfinished homes, leaky windows, nail pops and squeaky floors the residents have to deal with…


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The Search Continues

Continuing coverage of the State of Ohio vs UPH:  According to the Medina County Clerk of Courts, attempts to serve Mr K and Unmistakably Premier Homes via Mr K have been unsuccessful.  In documents dated December 19th and 27th of 2012, both attempts failed due to “unclaimed, unable to forwards summons and complaint.”  Both summons were addressed to the (former?) UPH offices at 1392 High Street in Wadsworth.  Independent attempts to contact Mr K by non-legal entities have also gone unanswered.

If you have any information as to where Mr K may be residing at this time, please feel free to post below.  We’re sure the Ohio AG will appreciate the help!


Yeah – Something Like That…

Quick State of Ohio v UPH update:  UPH and Mr K have been served as of November 27th.  As per Rule of the Ohio Rules of Civil Procedure, Mr K has 28 days to submit an answer to the Attorney General’s office, and an additional three days after that to file that answer with the Medina County Court.

Start the clock!


Earlier, we mentioned reports of the Ohio Attorney General’s Office filing a multi-count complaint suit against Unmistakably Premier Homes, and it’s owner, Stephen M. Kovack.  After doing our happy-dance, we decided to take a closer look into the suit so we can see exactly where Ohio AG, Mike DeWine is going with this.  Here’s what we can gather…

The AG goes to great lengths in documenting exactly why they are bringing this action against UPH.  Nearly a third of the document outlines all the issues we as UPH home owners (or potential owners) have faced.  It almost reads like this blog!  But in reality, the examples match up with all the complaints that have been posted on the AG’s website.

There are five counts in the complaint.  Each of these counts are separate violations of the Failure to Deliver Rule of Ohio Admin Code 109:4 and/or Consumer Sales Practice Act, ORC 1345.

  • Count 1 – Failure to Deliver:  Essentially, this count asserts that UPH has accepted “substantial down payments” and then “failed to deliver the good/services purchased.”
  • Count 2 – Failure to Perform in a Workmanlike Manner and Failure to Correct Such Work:  This one’s self explanatory.  This is in violation of ORC 1345.02(A).
  • Count 3 – Performing Contract Work in an Incompetent, Unsatisfactory and Unworkmanlike Manner:  Similar to Count 2, this is also in violation of ORC 1345.02(A).
  • Count 4 – Failure to Honor Express Warranties: UPH gave warranties, just never honored them.
  • Count 5 – Stalling and Evading Obligations, Including Failure to Promptly Deliver Services for which Consumers Contracted:  This is the one that affects us at Mistakably Premier the most – basically, giving excuses and delaying work.

All these accusations, according to the complaint, have been previously been found by Ohio courts to be in violation of ORC 1345, so UPH should have known doing so would, in effect, bring them legal trouble.

So, if the State proves their case in front of the court, what are they seeking in terms of relief?  Again, citing the complaint:

  • Keeping Mr. K, UPH, and any of it’s agents from “engaging in consumer transactions within the State of Ohio until full restitution is made to all consumers…”
  • “Issue a declaratory judgement” declaring UPH violated ORC 1345 as stated previously
  • Impose a fine of $25,ooo for each violation of the Consumer Sales Practice Act
  • Reimburse consumers who have been injured by UPH’s alleged practice
  • Order UPH to retain the last five years of all business records and make them available for the Attorney General’s Office to review them within 24 hours of the request (as an added jab, the cost to copy and deliver would rest solely on UPH)
  • Reimburse the State for any costs in bringing this action
  • “Grant such further relief as justice and equity require”

Make sure you peruse the entire document on the AG’s Website, or by clicking HERE.


Well lookie here… Hat tip to reader Michael who posted a story from Cleveland.com onto the Mistakably Premier Facebook wall…

Ohio Attorney General Mike DeWine on Tuesday sued a Wadsworth builder, Unmistakably Premier Homes, and its owner, Stephen M. Kovack for failure to complete homes as agreed.

We’re not sure what this means for those that had money taken, but we know it’s worse for Mr. K.  That said, anyone know what happens if Mike DeWine wins?  Does the fines go to the customers that were slighted?

More of this story to follow!

UPDATE:  This one’s from the Jackson County Daily –

The lawsuit charges violations of the state’s Consumer Sales Practices Act, including failure to deliver, failing to perform in a workmanlike manner and failing to correct such work, and stalling and evading obligations, including failing to promptly deliver services for which consumers contracted.

UPDATE: Here’s a link to the press release from the Ohio Attorney General’s office, including the complaint filed (in PDF).

Red Red DeWine…

Posted: October 29, 2012 in Legal
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UB Submitting a Complaint? Ohio’s AG, Mike DeWine

Mike DeWine has been in politics for some time.  His resume includes county prosecutor, Lt. Governor, and even US Senator.  Now, he’s Ohio’s Attorney General.

We’ve got to hand it to Mike.  He has a pretty slick (or should we say pretty AND slick) web site.  The reason we know, is because we just filed a complaint online against UPH.  It was super easy, and only took us about 2 minutes from start to finish.  Since our complaints aren’t criminal in nature, our only reprieve legally would be to file a civil complaint (which requires a third-world treasury to hire a lawyer) or to submit a claim, and let the State do our bidding.

After submitting our complaint, we quickly received an email that stated

Thank you for filing your complaint.
Your complaint reference number is: WR000024597
If you have any additional information, please contact the Ohio Attorney General’s Help Center at (800) 282-0515. Please have your complaint reference number ready.

We’ll document the process as it unfolds here, so stay tuned.  Feel free, in the meantime, to file your own complaint!


Before It Comes To This…

One of the more interesting insights from Danielle Serino’s October 20th story about UPH was the lack of government oversight into Mr K’s operation. That’s not to say the County or the State should be breathing down a business owner’s neck, but once an issue is discovered, shouldn’t the authorities take some action?

One suggestion offered was to begin submitting police reports to the Medina County Sheriff’s department.  The thought behind this was that once filed, it would trigger the County Prosecutor’s office to begin their own investigation.  We’re no legal experts here at Mistakably Premier, but we were a bit hesitant to endorse this action, seeing as, in our minds, our issues with UPH were more civil than criminal in nature (with a few rare exceptions).

Before we sounded the battle cry, we made a few phone calls to see what the correct course of action should be.  A call was placed to Mr. Dean Holman’s, Medina County Prosecutor, office, and our suspicions were confirmed.  Unless UPH explicitly took money for promised work not completed, all warranty issues are of a civil matter.  So, all of the problems we’ve experienced land squarely in that category.

If you believe that your issues with UPH are criminal, then we suggest that you do follow up with a police report.  There are many sites out there that explain how exactly to do that.  But before you proceed, you may want to check out this link, which gives some basic guidelines.