PALMERS KITCHEN BATH & BEYOND
13245 N. 113TH AVE.
YOUNGTOWN, ARIZONA
May 30, 2015
COMPLAINT #757026
BY: MARK AND CAROL FAIRALL
COMPLAINT #757026
BY: MARK AND CAROL FAIRALL
In May 2013, I had
an under slab water leak and hired Robert Freund, Palmer’s Kitchen, Bath, &
Beyond (PKBB) and Palmer’s Plumbing (PP), but at that time he did not have a
valid contractor’s license. The Registrar of Contractors was slow in updating
its website to reflect the contractor license problems. PKBB had no Qualified
Party and should not have bid the job and PP had lost its license in 12/12
since the Qualified Party had quit. Robert Freund hired Carpet Glo, a floor
cleaning company, which has no contractor’s license to remove mold. According
to Mr. Mather, the subcontractor, he was not fully paid and that Robert Freund,
general contractor, failed to pay him $3, 000 on the $6, 000+ job. These
unlicensed contractors have caused damages to my home in excess of the
Registrar of Contractors’ (ROC) Recovery Fund limit amount of $30, 000. Robert Freund
lost the rights to use the Ben Franklin Plumbing franchise in 09/2014 to
Michael Charles Brewer.
I filed the ROC Complaints against PKBB #2014-251 and PP #2014-250 on
1/17/2014. On 02/26/2014 the ROC Inspector Stephen Lawton waived the required
attendance of Robert Freund at the ROC inspection of the house damages in my
complaints. I had hired a retired policeman and private eye, Jacob Mueller, to
be present at the inspection because I had been threatened by an employee of
PKBB, Derrick King. Mr. Lawton had a private meeting with the bad contractor,
Robert Freund, and closed my complaint in secrecy on the same day. ROC’s
Stephen Lawton said my damages were the worst the ROC had seen but when then I
received the ROC’s wrongful decline dated 06/30/2014.
I suspect Contractor Bribery because Stephen Lawton told me he was friends with
our bad contractor, Robert Freund, and that they both worked in Youngtown. This
was overheard by my private eye when Robert Freund failed to show up at the ROC
house inspection. ROC’s Stephen Lawton failed to follow inspection procedures,
tried to blame the contractor’s no-show problem on me, closed my ROC complaints
in Robert Freund’s Youngtown office on 02/26/2014, and then staled for another
four months before issuing the formal declines. Stephen Lawton was the Building
Inspector in Youngtown for a year and five months and was terminated because of
poor work, according to a Youngtown City Council member.
The ROC is covering up its website update slowness problem and has dragged on
the investigation and the production of public documents on my failed complaint
investigation for over a year when it was closed in one month. The ROC had an
Audit by Arizona’s Auditor General at the time on our problems with our
contractor in 2013. The audit of the ROC found that 20% of the ROC records were
missing or duplicated plus 40, 000 ROC records had inaccurate information. I
have written Governor Brewer on 07/14/2014 about this problem. I have written
the Arizona Ombudsman on 10/19/2014 about this problem. I have written the
Arizona Attorney General (AG) on 02/10/2014 and 01/25/2015 but nothing is done.
Meanwhile my family and I are under attack by the bad contractor which has
resulted in six police reports for threatening phone calls on 08/08/2013 and
suspected property damages (cut electrical wiring and slashed tires) on
02/21/2014 and 04/09/2014. Now I have had my citrus trees poisoned in November
2014. On 05/09/2014 Judge Gerald Williams approved Injunctions against
Harassments to protect us from Robert Freund and Derrick King. Judge Williams
stated that it “went to pattern” concerning my property damages because of
Derrick King’s bad temper and criminal record. My family and I are currently
being stalked by Robert Freund and Derrick King every day when they ride by my
home staring while making obscene gestures. It is terrible to live in so much
fear of our lives that I had to install a video monitoring system and hire
extra police protection. On 04/26/2015 I had an Olive tree poisoned with copper
pennies and filed another Police Report #MC1508509 (Det. Jacobsen - Badge
#1573). The judge renewed the Injunctions against Harassment on 05/08/2015
because the attacks continue by Robert Freund and his employee, Derrick King.
I had lawsuit filed against me for the nonpayment of the contractor’s $3, 800
unearned monies after I already paid him nearly $14, 000 for poor workmanship
that did not pass safety and building codes. My losses exceeds $100, 000 due to
damages to our health, house damages, and the loss of value to the house.
Robert Freund is using this baseless lawsuit to delay press coverage of his
contracting without a valid license and using threats, sabotage, and property
damages to harass me. Robert Freund has forged documents of the contract
submitted to the court as evidence. Robert Freund and his attorney failed to
appear at the 04/27/2015 Pretrial Hearing after reviewing our 400+ pages of
evidence and 22 people witnesses ready to testify at the trial. Judge Williams
dismissed the baseless lawsuit in our favor as a DEFAULT judgment, with
Prejudice, and order the plaintiff to pay our legal fees and costs on the
frivolous lawsuit. This is Robert Freund’s method of doing business by misusing
the courts to collect unearned disputed homeowner debts.
I filed a Better Business Bureau (BBB) Complaint on 02/15/2015 but the
contractor but the contractor is lying about his use of false advertising,
stating that the poor workmanship did not exist, disputing the property
damages, and is trying to assault our character. It appears the BBB will soon
give PKBB a NO RATING GRADE and an ALERT based upon our evidence to the
contrary. The BBB just gave his plumbing company, Palmers Plumbing Services dba
Ben Franklin Plumbing a NO RATING GRADE and an ALERT. Freund’s plumbing company
is operating without a state licensed plumber since 2012 and has lost the usage
of the franchise Ben Franklin Plumbing name.
The ROC and Ombudsman are doing nothing. We asked state lawmakers and Governor
of Arizona for help but they are doing nothing. Meanwhile, Robert Freund’s
false advertising scam continues with poor workmanship, elder abuse, and senior
financial exploitation. Arizona officials are pro-business and fails to protect
and serve the citizens because of budget cuts. The Arizona economy and growth
is lagging because the quality of life in Arizona is plummeting with: poor
schools, increased crime, law enforcement bigotry, and elected officials that
only represent their rich campaign donors.
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