Posts Tagged ‘Mr K’


bankruptcy1

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?


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!


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).


Tenacious D!

Intrepid 19 Action News consumer reporter, Danielle Serino, aired another story last night on the 11 o’clock news in her quest to rid Ohio of bad contractors.  While not specifically aimed at our favorite home builder, there was quite of bit of B-roll used from her previous expose’ on Unmistakably Premier Homes, and featured one Premier Homes “customer” in particular, who’s out $15 large due to Mr. K.

Check out the video by clicking HERE!


Jerry and Mistakably Premier Wants to Know!

If you’ve ever taken the time to explore this here blog, you’d notice a poll that’s been sitting on the left side of your screen since day one.  The poll basically asks if you’ve had a good experience with your Unmistakably Premier Home.  While we draw no conclusion about the scientific validity of the poll (after all, the name if this blog is Mistakably Premier), we noted an overwhelming majority of respondents chose a less than favorable response.  But to UPH’s credit, a few did respond with a “I’ve had a pleasant experience” which made us wonder, “who are these people?”

The other day, we actually heard from one homeowner who was quite satisfied with their home.  In fact, they were shocked that others were having such a horrible go at it.  And that got us thinking a bit, not about what UPH has become, but what it once was and what we hope it still can be.  No one wins if UPH goes down in flames; neither us homeowners nor Mr K.  To be honest, it wouldn’t take a whole lot.  Something as simple as asking for forgiveness and then showing us a detailed plan, and then showing progress to that plan (without the tired excuses) would go a long way.

Here’s hoping that instead of hiding behind excuses and lawsuits, UPH can find their way once again.