The Real Faces of Elder Abuse: ARIZONA IGNORES A BAD AND DANGEROUS CONTRACTOR

ARIZONA IGNORES A BAD AND

DANGEROUS CONTRACTOR

PALMER'S KITCHEN BATH & BEYOND LLC

By:

Mark and Carol Fairall

June 25, 2015

EMERGENCY LETTER TO GOVERNOR DUCEY
FOR ACTION TODAY

From: Mark and Carol Fairall via Office of the Arizona Governor [mailto:noreply@az.gov]

Sent: Thursday, May 28, 2015 9:14 AM
To: Engage
Subject: Assistance - Senior Issues

CONTACT THE GOVERNOR WEB FORM SUBMISSION

Below is the information submitted online from the Governor's contact form
---------------------------------------------------------------------------------

Reason for Contacting the Governor: I require assistance
Subject: Senior Issues
Topic: STATUTE OF LIMITATIONS ENDS TODAY ON ELDER CRIME

Name: Mr. Mark and Carol Fairall

I urged to reopen ROC complaints #2014-250 against Palmers Plumbing and #2014-251 against Palmers Kitchen Bath & Beyond. The two year Statute of limitations ends today 05/28/2015 for ROC complaint #2014-450 – Failed v. Palmers Plumbing Services.

This is supported by the fact that the bad contractor, Robert Freund, failed to show up at the Pretrial on his lawsuit he filed on 05/27/2015. The judge was angry about the 17 months of delays and the rude no-show. Judge Williams threw the lawsuit out as a Default and awarded me my lawsuit costs. Injunctions against Harassment were granted on 05/08/2015 to protect my wife and me from more property damage elder abuse by Robert Freund and Derrick King. This judgment award to pay us our lawsuit costs decision by the judge will make news because of our hard efforts to defend ourselves from a frivolous lawsuit while the contractor played the court and legal system. Our lawsuit award will be between $1,800 and $15,000.

This is supported by Robert Freund's internet gloating to the BBB and Ripoff.com where he lies by stating:

1. That he finished on time on the project.
2. That he and his Qualified party inspected the job.
3. That my dispute was only to avoid paying money owed him
4. No damages to the Fairall house existed.
5. The ROC complaint was closed because it was invalid.
6. No threats and property damages were done.
7. That he only operated one month without a Qualified Party.
8. That Fairall's complaints are "pure fantasy."
9. That he excels in customer service.
10. That he has heard nothing about the Fairall complaint from the AG, ROC, and
Governor Office since 2014.

See the Robert Freund's false answers that he filed with the BBB and RIPOFF.COM. See the FTC complaint filed for Freund's false advertising. See the BBB No Rating and Alert given to Palmers Plumbing. See our answer to the Ripoff.com Facebook and call to action to call the Governor.

I urged the ROC to reopen complaints #2014-250 and #2014-251 because they were closed for the wrong reasons because we did give Robert Freund the opportunity to repair the poor workmanship but it was refused and answered with criminal activities requiring police reports. This is documented in the ROC's file of my 08/07/2013 emails with Freund. I did call on 08/08/2013 and asked the ROC to do an emergency inspection because we were stuck in a hotel after the contractor had our insurance company stop paying for it and the contractor refused to fix the problems. I was told by the ROC to document with time/dated pictures with a third party the poor workmanship and to make the house livable. The reason was because the ROC could not do an inspection for three months. We have complied with the law and instructions but the ROC wrongfully dismissed our complaints without a real investigation while waiving normal ROC procedures (contractor to attend the house inspection and require the contractor to provide a written response) by the one month on the ROC job inspector, Stephen Lawton.

Please immediately stop this bad contractor from his: false advertising, threatening seniors, misusing the legal system, and scamming the elderly with bad workmanship. Please contact Robert Freund and stop his lies on the internet and his gloating that he has scammed everyone including the state.

Submitted on Thursday, May. 28, 2015 9:14 am

Confirmation number: 28096

Date:

Thursday, May 28, 2015 4:56 PM

From:

Engage <engage@az.gov>

To:

Mark and Carol Fairall <azmfairall@cox.net>

Subject:

RE: Assistance - Senior Issues

Mr. Fairall,

The Governor's Office is in receipt of your email communications.

We regret reading of your complaint filed with the Arizona Registrar of Contractors and can appreciate your disappointment in the outcome and your pursuit of this matter.

We understand you wish to reopen your complaint. Upon investigation, the Arizona Registrar of Contractors (ROC) investigators found that in the four months between the termination of the contract and filing an ROC complaint, a second contractor was hired to complete the project that the initial contractor began. In accordance with Arizona Revised Statutes, the ROC declined issuance of a citation against the contractor as noted by the declination letter (attached) and the timeline below. Specifically, Arizona Revised Statutes 32-1155(C)(1) and (2) prohibit the ROC from issuing a citation when, “1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar” and “2. The contractor’s work has been subject to neglect, modification or abnormal use.” (Emphasis added)

While you may find the agency’s decision unfortunate, the Governor has no legal authority to reconsider or overturn this decision. The Registrar’s determination does not preclude the ability to seek relief in a civil court of competent jurisdiction. We suggest you seek legal counsel for assistance with this process. You may wish to contact the Arizona Foundation for Legal Services and Education as free or reduced cost legal services may be available. As a courtesy, we have included contact information for the Foundation below:

Arizona Foundation for Legal Services & Education

4201 N. 24th Street, Suite 210

Phoenix, Arizona 85016-6288

Phone: 602-340-7366

Toll Free: 1-866-637-5341

We regret we are unable to offer any further suggestions or assistance.

Sincerely,

DOUGLAS A. DUCEY

GOVERNOR

STATE OF ARIZONA

/s/

Governor's Office

Constituent Services

www.azgovernor.gov

THE ARIZONA GOVERNOR DOES NOT HAVE THE AUTHORITY TO CORRECT ROC MISTAKES.

COURT JUDGMENT - PLAINTIFF LOST BY DEFAULT BECAUSE HE FAILED TO APPEAR IN COURT

TO DATE 06/25/2015, ROBERT FREUND HAS NOT PAID

THE COURT ORDERED JUDGMENT OF $65.00.

BETTER BUSINESS BUREAU GRADES

PALMER'S PLUMBING SERVICES HAS NO QUALIFIED PARTY
(LICENSED PLUMBER) AND USES SUBCONTRACTORS TO DO BUSINESS.

GRADE PRIOR TO BBB MEMBERSHIP
MAY 2015

A+ GRADE AFTER JOINING BBB ON
06/03/2015

MAY 2015 COMPLAINT TO BBB FOR PKBB'S FALSE ADVERTISING

BBB'S REFUSAL TO INVESTIGATE PKBB'S
FALSE ADVERTISING

PKBB'S FALSE ADVERTISING - PORA HAS NOT REFERRED THIS COMPANY
FOR YEARS DUE TO EXCESSIVE POOR WORKMANSHIP COMPLAINTS.

We held up all 12 of the THE GRAND SEASONS magazines in court on 06/15/2015 stating this PKBB false advertising scam continues. This magazine has 70,000 copies distributed every month. PORA has not referred PKBB for years due to excessive poor workmanship complaints but PKBB misrepresents that fact. The pictures are from the June 2015 GRAND SEASONS MAGAZINE. The magazine publisher, Pat Goodson, tells us she does not care about truth but only the $1,500 she receives every month from PKBB's false advertising.

NOTE: Faith McLoone, in the Arizona Attorney General's Office, is waiting for your complaints about this false advertising scam at (602) 542-7732. Unless the citizens speak up the Arizona Officials will fail properly protect the public.

THE COURT RULED ON 06/15/2015 THAT THE INJUNCTIONS AGAINST HARASSMENT STAY IN PLACE A SECOND YEAR IN ORDER TO PROTECT US.

On 06/15/2015, the Justice of the Peace Court ruled against Robert Freund (pictured), owner of PKBB, request to quash the protection order. The Court kept the granted order of protection for a second year because of continued harassment and as an abundance of caution for our safety.

On 06/15/2015, the Justice of the Peace Court ruled against Derrick King (pictured), employee of PKBB, request to quash the protection order. The Court kept the granted order of protection for a second year because of continued harassment and as an abundance of caution for our safety.