Posts Tagged ‘Mike DeWine’


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!

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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?


Giggity, Giggity...

Giggity, Giggity…

Periodically, we at Mistakably Premier peer into the statistics of who has been visiting (okay, it’s more like every hour!), to get an idea of where most of our traffic comes from.  It’s probably no shock that a majority of it comes from the greater Cleveland area.  Sometimes, Google will bring a visitor from some distance place like Santiago, Chile, or Seoul, South Korea, or Cincinnati, Ohio.  They quickly see that this is not the site they’re looking for, and then click off to the next site.

But every now and then, we get a flood of traffic from a particular location that peaks our interest.  For example, when 19 Action News was preparing their story, we saw traffic from Atlanta, Georgia.  Just after the announcement of Mike DeWine’s actions against UPH, we got a bunch of hits from Columbus, Ohio.  Just prior to the Ohio Attorney General re-serving papers to Mr. K in Miami, we saw a bunch of hits from Miami Beach, Florida (was that Mr. K himself doing a bit of recon?).  It’s pretty interesting to see the patterns form.

So that got us wondering, why do you come to Mistakably Premier?  What’s the draw, and why do you come back?


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…


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!


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!


Here at Mistakably Premier, we’ve been watching for any signs of UPH’s impending bankruptcy.  Looks like we’ve been looking in all the wrong places.  Well, that’s not entirely true.  We’ve been on the lookout in PACER, the online Federal repository of court cases, for anything related to Unmistakably Premier Homes.  What we forgot to look for is any of Mr. K’s other holdings, specifically, 7972 Ridge Road LLC.  You may recall that 7972 Ridge Road LLC is the company that is listed as the owner of the UPH as-of-now foreclosed offices on 1392 High Street in Wadsworth.  In any event, 7972 has filed for Chapter 11 reorganization.

So how did we stumble onto this bit of information?  Loyal reader, and UPH victim, Brian (not his real name) sent us the heads up about an article in for the tip regarding the article on Crain’s Cleveland Business online, published today.  It’s an interesting read, the highlights including:

  • UPH is “the target of more than $1.6 million in judgments in Medina and Cuyahoga county common pleas courts. The largest is a $1 million judgment to satisfy a note filed by Fifth Third Bank.” [Ed note:  We think they actually mean PNC (as referenced later in the article).  If that’s the case we brought you this story before Crain’s did!  Pulitzer perhaps?]
  • “The sale [of the 1392 High Street property at Sheriff’s sale] only netted one $990,000 bid, according to the bankruptcy filing.”
  • Liberty Township is hoping to “nab some money that Ohio Attorney General Michael DeWine will make available to help local governments cope with foreclosures,” hoping to “use it to demolish” an unfinished UPH home.

But the most interesting tidbit of them all was this:

The homebuilder also is the subject of a website dubbed “Mistakably Premier Homes” where dozens vent complaints about building quality or alleged nonperformance on home-sale contracts. The site has 45 names on a petition calling on the builder to honor warranties and contracts.

That’s right, our little blog and you, “the dozens”, were mentioned in Northeast Ohio’s leading source for weekly business news, analysis and commentary!  Couple this with our proposed Channel 19 appearance, and it’s like we’re the next Facebook (okay, maybe MySpace…)!

Special thanks to “Brian” for the tip!