Posts Tagged ‘Ohio Attorney General’


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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!


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?


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).