Charges against a home improvement contractor from Bridgeport accused of scamming a Hatfield Borough resident out of $14,000 have been dismissed under Pennsylvania Code Rule 586.
Martin Malinowski, 45, of Hometrack LLC, was initially charged in March 2022 with felony counts of deceptive business practices, theft by deception, receiving stolen property, false statements to induce agreement for home improvement services and receiving advance payment for services and fails to perform, in connection with the investigation by the Hatfield Township Police Department.
Court records show all charges were dismissed during a hearing on Monday under Pennsylvania Code Rule 586 “Court Dismissal Upon Satisfaction or Agreement.” Under Rule 586, so long as the alleged offence was not committed by force or threat of force, a court can order the case dismissed upon a motion showing:
Records show Malinowski made a payment of $14,000 to the victim on May 10. He will additionally have to pay $906.25 in court costs via two payments of $453.12, with the first payment scheduled for June 19, according to court records.
Police were contacted by the victim in February 2022, who stated that they had entered into a $30,000 contract with Malinowski in 2021 to repair their porch and deck. The contract was allegedly signed by both parties and was scheduled to be completed in August 2021, however no work was performed and Malinowski stopped responding to the victim’s calls and texts, police said.
Between June 1, 2021, and Oct. 3, 2021, the victim provided three checks totaling $14,000, police said, however Malinowski performed none of the agreed upon work and made excuses for the delays. All three checks were endorsed and cashed by Malinowski, according to the charging documents.
Additionally, officials from Hatfield Borough and Hatfield Township confirmed to police that Malinowski never applied for permits to perform the work — something he told the victim he was going to do during their interaction on Oct. 3, 2021, police said.
Investigators spoke with Malinowski on Feb. 5, 2022, at which point he said he was busy with other projects and would not be able to perform the work, the report states. Malinowski admitted to failing to apply for the permits and advised he would refund the money to the victim by Feb. 28, 2022, according to the complaint.
Malinowski failed to refund the money by the agreed upon date, causing charges to be filed against him, police said.
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