Posts Tagged ‘lawsuit’


apollo10-crew_l

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!


haveyouseeneme

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!


NOT the actual sign in front of UPH Offices

I’ve got to hand it to our loyal readers… They’ve been doing most of the heavy lifting while we’ve been hibernating!  Over on our fourms, guest commentator “guest_guest” has pointed us in the direction of the Medina County Sheriff’s Office website which lists all the upcoming properties on the auction block.  One address in particular stood out among the rest: 1392 High Street, Wadsworth.  Why?  That’s the location of UPH’s home office…

“But wait!” you say.  “The listed owner is a 7972 Ridge Road LLC, not UPH.  What gives?”  Good question.  But if you follow the rabbit down the hole, you see that this foreclosure is linked to the Civil Case 11CIV1314, which lists not only 7972 Ridge as a defendant, but also the esteemed Mr K. (plant face firmly in  palm here).  Seems Mr. K. co-signed the loan, and now, PNC Bank is asking for it’s money back – to the tune of $1 Million!

Usually, we’d put a handy-dandy chart up about now to show how Mr K. is tied to 7972 Ridge Road LLC, 1392 High Street, and case number 11CIV1314, but we’re pretty sure our readers are smart enough to get it.


The saga continues.  Last time, we wrote about our own issues, as well as Mr K’s reasons for the lack of warranty satisfactions.  Today, we’ll try and cover some of the “Bigger Picture” issues that readers of this site have brought to our attention… Starting with the issue of liens.

A Brief Lesson in Home Construction

When the subject of liens, and missed deadlines was broached, Mr K was very eager to talk about this issue.  To understand the whole story, he explained how home building works, which was really informative (we’ve never built our home, only purchased an already constructed house).  First, we were told that when a home is built, the builder usually is required to take out construction loans to cover the costs.  The homeowner’s mortgage only goes to the purchase of the home itself.  Therefore, the builder, in this case UPH, secures the financing to build.

In the past, this financing came by way of the major banks, like PNC, Huntington,  and Fifth Third.  These construction loans are usually up for review and renewal every so often.  During this review period, banks will usually extend the loan.   However, with the recent credit crunch, banks have been reconsidering this practice, and in some extreme cases, have rescinded the loans already established.    This means that work already performed on some homes needed to be stopped – and in some extreme cases – work already done went unpaid.  When that happens, subcontractors take out liens.

To get out from under this cycle, UPH has gone to private investors to cover new construction, while the homes already in progress have found traditional financing – that is, unless it was a home first financed by Huntington.

A Grain of Salt

It’s up to you to believe the explanation that was given during our meeting.  Mr K was very convincing, and like was mentioned previously, he did seem honest and sincere.    While our conversation answered most of our concerns, we are certain not all of your’s have been addressed.  Therefore, we encourage you to continue posting comments, or submitting your own stories to Mistakably Premier.


A few weeks back, we noted the lawsuit filed by PNC Bank against Ashton Place, LLC, Stephen M Kovack, and UPH which resulted in multiple liens placed on UPH property around Medina, Summit, Cuyahoga and Geauga Counties.  It appears that some, if not all, of the liens in Medina county from this specific case have been released.

UPH has secured partial release of judgement liens on five of it’s Medina County properties.  That’s not to say that PNC has been paid in full by Ashton Place, Mr K, or even UPH.  But it appears to be something positive for UPH.


It’s the month of October, and in keeping in the Halloween spirit, Mistakably Premier brings you a new series “STORIES OF HORROR!!!” (insert maniacal laughter here)  All the stories presented in this category are reader-submitted and are not first hand-experiences.  (Note: all the names contained within have been changed to protect the living!)

This episode is a story so gruesome, so terrifying, it can only be described as horrific!  Meet Audrey…

Audrey and her husband are currently building with UPH at one of their fine developments.  What should be an exciting and joyful time in their lives quickly turned into an utter nightmare (muhahaha)!  They signed their contract with Premier at the end of June.  After numerous untruths were told by the Premier representative, “Katie”, Audrey began to investigate on her own.  That’s when Audrey began to discover that Unmistakably Premier Homes may be only a house of cards…

A Web of Mistruths

Audrey uncovered a web of judgments and liens against UPH, shaking her confidence in their builder.  When asked to provide proof of their stability, UPH provided an unsigned document from 2009.  Multiple attempts to reach UPH about this issue have gone unanswered.  It is now October, and no progress has been made to speak of.

At this time, lawyers have been called in to get Audrey’s and her husband’s money back from their ordeal.  Their experience has truly become a STORY OF HORROR!!!


We wonder if their houses look like this?

This AP story came off of the Medina Gazette’s Twitter feed:

COLUMBUS — The Ohio Supreme Court has been drawn into the case of two central Ohio couples who say their homes became giant magnets that hampered their TVs, phones and computers.

Click the quote for the entire story.


It’s the month of October, and in keeping in the Halloween spirit, Mistakably Premier brings you a new series “STORIES OF HORROR!!!” (insert maniacal laughter here)  All the stories presented in this category are reader-submitted and are not first hand-experiences.  (Note: all the names contained within have been changed to protect the living!)

This episode is a story so gruesome, so terrifying, it can only be described as ghoulish!  Meet Bill…

Bill closed on his one-year-old home in April of 2007.  Sometime during this last winter, Bill discovered fungus growth in his basement.  This could mean only one thing – moisture infiltration!  (Imagine scary pipe organ music here)

After investigating this situation, it was determined that water was being held against the2 x 6 sill plate by moist sill insulation (Celtex material).  Somehow, the water was getting in.  Even worse than the fungus was the fact that the sill plate is now rotting from the bottom up!  (Scream!)

Mango Fungus of Terror (1963)

UPH was contacted in April and they came out to take a look at the situation.  The conclusion was the “main office” would need to make a decision.  And then, there was silence.  Absolute silence.  Repeated calls over the next three weeks resulted in nothing.  To this day, no response has detected.

An inspection and a report from a PE has been made, lawyers called, and even a BBB complaint filed.  Bill is still waiting for resolution to this horrific situation.  When will it end?  When.  Will.  It.  End?

This is a cautionary tale.  Bill would like to advise all our readers to check for moisture behind the insulation of the basement walls, especially near the front stoop.  His experience has truly become a STORY OF HORROR!!!


This is Ashton Kutcher.  While he’s not the best comedic actor in the world, he now has a steady job on Two and a Half Men, so we have a feeling he pays his bills.

We wonder if Mr K appears this concerned about our homes...

This is Ashton Place.  It’s owners appear to be having a problem paying off some of it’s bills – more specifically, $1.4 Million (yes, MILLION) of promissory notes held by PNC Bank (formally National City Bank).

Ashton Place

It all starts with a six count Medina County Court Case #11CIV0914.  Ashton Place is listed as a defendant for two counts of non-payment of promissory notes, valued at just over $1M.  The next two counts reiterate the first two, but this time, our favorite President, Mr K, is named as the defendant.  A fifth count alleges that UPH also has failed to pay on a loan,valued at $390K, and the final count names Mr K for the same non-payment.

So who is Ashton Place?  As near as we can tell it’s an apartment complex in Wadsworth owned in whole or in part by Stephen M Kovack – yes, THAT Stephen M Kovack – under the name Ashton Place, LLC.

The $1.4 Million Pyramid (click to embiggen)

The kicker – UPH’s response to the suit was a “Yep – we confess!”  Case closed, right?  Not so fast!

According to the Medina County Clerk of Courts site, the case is at a Entry Filed state, meaning judgement has  been entered in favor of PNC Bank, and that, per court regulations, PNC has notified the defendants of such.  It appears, however, that UPH/Ashton Place LLC/Mr K have still not paid what is owed.  Therefore, PNC has placed multiple liens on a variety of properties held by the trio in Medina, Cuyahoga, Geauga, and Summit counties (Judgement Lien # JL-72-299).

So let’s check in with Jerry and Ed to see where we stand:

Hey Ohhhhh!

Close to $1.6 Million.  Nice.


And we thought the last lawsuit we covered was bad news…  Case #11CIV1014, filed by L&I Mechanical, was submitted July of this year.  According to the court documents, L&I performed services on over one dozen Unmistakably Premier Homes projects in 2010 which the home team has not rendered payment for.

In their defense, UPH… Wait!  That’s odd.  UPH hasn’t supplied an answer to the argument!  In fact, because an answer was not given by UPH in a reasonable amount of time, Judge Chistopher J. Collier has “ordered, adjudged and decreed that judgement is entered in favor of Plaintiff, L&I Mechanical, Inc., against Defendant, Unmistakably Premier Homes, Inc. in the amount of Fifty-nine Thousand Six Hundred Twenty-five and 95/100 Dollars ($59,625.95).

Yowzah!  That’s a bunch of molah!  Let’s go to Ed McMahon to see what the alleged total due to non-payment is now:

The Tote

Hey Oooooh!

Yes, folks… $149,090.86.  Jerry seems to understand the enormity of the amount… I wonder if UPH does too?

But hold on a minute!  On September 9th, attorneys for UPH decided to file a motion “For Leave to Plead” – which in essence asks for more time to appeal the judgement.  Apparently, UPH woke up and retained counsel just the day prior.  What took them so long?  Was Mr. K on vacation?  Stay tuned for further developments!