Posts Tagged ‘UPH’


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?


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.


19 Action News’ Danielle Serino

This afternoon, Mistakably Premier received an urgent, and somewhat cryptic, email for our favorite investigative reporter, Danielle Serino:

TURN ON THE NEWS TODAY at 4:30 OR 5:30 AND TELL ALL YOUR PREMIER FRIENDS!!!!

The caps and the multiple exclamation points are all hers.

What could be in store?  We’ll be setting our DVRs, and we hope you can tune in as well!

UPDATE:  Our sources (okay, our email) just noted that a full story will be done at 11:00…

UPDATE:  Looks like the story about Ohio AG suing UPH is the scoop.  The stories at 4:30 and 5:30 talked about the filing, and promise more in-depth coverage at 11:00, so set your DVRs!

Red Red DeWine…

Posted: October 29, 2012 in Legal
Tags: , , ,

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!


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.


He Loves Trash! But Does Mr K?

Building houses can be a messy business.  An estimate by the National Association of Home Builders (NAHB), states 8,000 lbs of waste is created from the construction of a 2,000 square foot home.  So where does all that go?  In a dumpster, of course!  But then what?

We recently got a lesson when a local business informed us of yet another Mr K situation.  Typically, a builder will hire a hauling company to leave a dumpster on site, and, when the container is full, haul it to a landfill.  UPH did just that with Amos’ Hauling out of Wayne County.  Unfortunately for them, it’s been several months since Mr K and UPH have paid for their services.

For months, containers have sat full on-site, some with occupants, while payment has been delayed.   Understandably angry homeowners would contact the haulers as to why, and get the honest answer “we haven’t been paid.”  When word got back to UPH about this, they asked Amos’ Hauling to stop.

Several attempts have been made to contact UPH, but excuses range from the inability to pay by credit card to lost invoices.  Needless to say, the owners of Amos’ Hauling have had enough of Mr K’s garbage – so they gave it right back.  Since UPH still hasn’t paid for pickup and disposal of the waste, technically, it’s still Mr K’s stuff.  So Amos’ Hauling has decided to give it to him – at his home.  Mr K now has a dumpster sitting in his driveway, in hopes it will remind him to pay his bill.

Mr. K’s New Neighbor

However, instead of signing his name on a check, he has signed a police report.  Seems he’s not too happy with his friendly reminder.  Amos’ Hauling has responded with their own police report which outlines their position in detail.  Hilarity is almost certain to ensue.  Stay tuned…


How did “According to Jim” stay on the air for so long?

Wow… First, we’d like to thank all the folks that trekked out to the Mistakably Premier home office to be a part of television journalism history (alright, that’s a bit much, but thank you anyway)!  It was a bittersweet moment, as it was awesome to see the support, but not-so-great considering why all of us were gathered.

Second, we’d like to thank Danielle Serino, and her team, from Action 19 News, for giving us a voice.  Let’s face it, even though the intertubies are considered the “New Media”, good old fashioned television gives our cause a bit more gravitas.  We hope we gave them some good soundbites!

Finally, it became really apparent that our issues pale in comparison to the issues most of you have had to endure.  Sure, we complain about squeaky floors, water leaks, standing water, and cold rooms, but some of you have much bigger fish to fry.  We were humbled by the severity of the issues that others were dealing with, and from now on, will consider ourselves fortunate.

So now what?  Well, we’ll still keep reporting on all the news that Mr K generates.  We’ll keep posting your stories, and hopefully, we’ll start recording some of your successes.  The Channel 19 News story will air sometime later this or next month, so watch for that (we’ll post as much as we’re legally able to on this site as well!).

Keep commenting, keep emailing, keep fighting.