STRATUS Lawsuit Alleges Janitorial Franchise Fraud
July 29, 2012
Stratus Building Solutions franchisees in Indiana have filed a Class Action Complaint and Jury Demand against Stratus master franchisee Shamrock Building Services, Inc., Kevin Spellacy, Jerry Wenger, and Pamella Martins,and Stratus Building Solutions franchisor Stratus Franchising, L.L.C..
The case was filed June 8, 2012 in Marion Superior Court on behalf of the defendants by Paul B. Overhauser, attorney, and Kathrine Jack, of Counsel, of the law firm of Overhauser Law Offices:
Read the full complaint here:
Nidia Martinez, et. al. v. Shamrock Building Services, Inc., Stratus Franchising, L.L.C., Kevin Spellacy, Jerry Wenger, and Pamella Martins
Nidia Martinez, Maria Manriquez, Elsa De La Cruz, Eni Cruz Rodriquez, Victor Garcia, Laura Andolon, Ronny Funes, Theresa Escobedo, Lorenzo Rodriguez, Faustina Negrete, Yolanda Alvarez, Jose Leon, on behalf of themselves and others similarly situated,
Plaintiffs,
vs.
Shamrock Building Services, Inc., Stratus Franchising, L.L.C., Kevin Spellacy, Jerry Wenger, and Pamella Martins,
Defendants.
Indiana Franchisees Allege Stratus Master Franchise Scam
According to the franchise complaint:
“This case involves unscrupulous Defendants who ignore these laws, and instead oppress hundreds of American workers just to make themselves richer.
“Their unscrupulous strategy is to label their workers ‘franchisees,’ and have them sign a ‘franchise agreement.’
“Using the misguided and illegal strategy, they have evaded the consumer and worker protection laws that form the foundation of American society. Instead, they pay their workers a fraction of the minimum wage, make illegal deductions from payments to their workers, and evade taxes owed to the Indiana and Federal governments.”
The complaint alleges that the franchise system used by Stratus Building Solutions and its master franchisee Kevin Spellacy is essentially a scam that promotes an oppressive and illegal scam that defrauds would-be business owners out of their life savings. The lawsuit contends:
“Defendant Stratus is a janitorial services company that contracts with owners of commercial buildings to clean offices, schools and medical clinics. Because janitorial work is often an unattractive occupation, Stratus needs to offer incentives to prospective workers.
“Unlike legitimate businesses, who would simply offer a higher wage to attract workers for an undesirable job, Stratus uses a different scheme. It offers prospective workers a ‘guaranteed business’ and ‘guaranteed financing’ and the prospect of making thousands of dollars.
“To make matters worse, when hiring cleaning workers, Stratus makes them first pay a ‘franchise fee’ to purchase a ‘franchise.’ These ‘franchise fees’ often represent a worker’s entire life savings; yet they get nothing in return, other than the right to be subjected to further exploitation by Defendant’s illegal scheme.”
Read more here: Janitorial / Commercial Cleaning Franchise Issues
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Comments
180 Responses to “STRATUS Lawsuit Alleges Janitorial Franchise Fraud”
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@ Viewers: Now you have heard Good Ole Hefty say the following, “Learn History or you are doomed to repeat it”! Now poor old Overhauser/Jack don’t seem to understand History too well…Obviously, Bob P. is simply a pawn, a stupid and idiotic pawn, but a pawn none the less.
History Lesson:
a) 1st Amendment (no not the REAL ONE, the other one), he was nearly as pompass as Bob P. and/or Guest Too. Doesn’t anyone wonder what actually happened to him? Good Ole Hefty does! But as he is back in Mexico enjoying the warm weather, you must really ask, what happened to his case? He proclaimed all over the blogs, all over anyplace that would hear him, even on You Tube and Telemundo and other sources, that “He was the lead Plaintiff in a case that would END Franchising in the Cleaning Industry as you know it”! Now, unfortunately for him, SEIU pulled its funding from Lis-Riordin and others, his case did finally make it to trial, and guess what happened? He LOST!
b) Jonathan Fortman, Passionate, Egotistical (almost as much as me) Proclaimed that HE would change Commercial Cleaning Franchising and the way that companies such as STRATUS conduct business….Now he was dumber than 1st Amendment in one way, HE USED HIS REAL NAME! Got into a little trouble with the courts, but its ok. He survived the ridicule and scrutiny. But lets take a little look at his case as it exists now! On Life Support at best, Lost the Class Action Status Request, Lost the Masters both current and former being brought into the suit and now he is busy chasing his tail and trying oh so hard to get himself INJECTED into this little case anyway that he can!
c) Overhauser/Jack, out gunned, out matched, out witted, out played. They have spent tens of thousands of dollars of their own money, they have spent hundreds of man hours, they have spent/tried every legal manuver possible to get this case to a “summary judgement” status and what has happened? Nothing, they haven’t moved the Needle at all. Bob P. (Star Witness to the end of the world, knows EVERYTHING there is to know about Stratus, Stratus Franchsing etc….Presented and SOLD Franchises during his time at Office Pride and at Stratus), he has set himself up to be as disappointed as Good Ole 1st Amendment (no not the REAL one, the other one)!
History, you simply gotta Love it! Especially, when you know it as well as I do….Poor Overhauser/Jack, Poor “9″, Poor Bob P./Guest Too, seems to me that it isn’t about taking care of the “9″ or the supposid issues at the former Local Stratus Office, it is simply about Hurt Pride, Getting Beat, Being Out Classed and being beaten by someone that knows the History and the Game…..
The truth is Hefty Trash Bag, YOU are the liar. You are the crook. You still have no clue as to whats happening and how it will come to you. You mindless ramblings about how this and how that, are just that. You have already stated, you are prepared to lose your case. Your continual attacks on others are just to defer blame from yourselves. You and Kevin Spellacy believe you are insulated and immune to what is coming your way.
I see it’s back to the 9 again, guess you found out it was 9 not 3. You were wrong there Big Boy, and you will be wrong in the end. You paint this like the 50, (it’s way less than that), are all happy and pleased to not be paid what is owed them. Get ready, because not only are they not happy, there are companies out here that also find this little thread, as written by Stratus, Hefty Bag, offensive and rude at the least, and unprofessional, mean spirited, and taking advantage of minorities and Hispanics.
I predict you will be losing clients, clients whose money you are still receiving, that belongs to the franchisees for services rendered.
I predict a Biblical Exodus of clients.
Service Cube is doomed. You, by your nasty disposition, and your haughty, self centered attitude, have doomed it.
@ Guest Too: So you are Freely admitting in a PUBLIC VIEWED Blog that you Guest too, probably Bob Perry and Overhauser/Jack are causing direct harm to the “50″? Wow, talk about unethical, immoral, disgusting, sanctions pending, potential dis-barment actions of two “officers of the court”.
So there you have it viewers the great Guest Too, probably Bob Perry are directly harming a company, an owner, the “50″ and others with the FULL KNOWLEDGE AND APPROVAL of Paul Overhauser and Katherine Jack……
Well, just goes to show you again, that Good Ole Hefty is batting 100%! Might want to tell your close/personal/former executive friend of Office Pride, that I know more about what is going on than he does….He nor you, is a match for me.
@ Guest Too: Did I hear a great big OOOPS! cross yours and Paul Overhauser and Katherine Jacks LIPS! Service Cube will do more than Survive, due to the ethic and morals of the “50″, due to the support by HEFTY BAG, due to the knowledge, experience, class and quality of Sumo, this is a no Brainer.
As far as your little friend, former executive at Office Pride that you just drug squarely into yours and Overhauser/Jacks problem, I will take some pity on him, after all, he is simply trying to build his business on the word/actions of unethical, immoral, cowards such as yourself and Ovehauser/Jack.
At the end of the day, I will be the only one doing a Victory Dance along with the “50″. The “9″ now down to “3″, Overhauser/Jack, Guest Too probably Bob Perry, your former boss at Office Pride will simply be fodder for my book. Now, don’t worry, I will make sure to use “other names” such as “Merle”, MPD Bob P. and other handles for you. Overhauser/Jack well they are part of the Public Domain/Entity, so I can use their names and NOT have to pay them a penny!
?????????????????????????????????????????????????????????????????Are you just stupid? Oh. Yea you are, I forgot.
@ Guest Too: Guess your “coup” didn’t go as well as planned, seems to me that you, Overhauser/Jack have all tremendously under estimated the power of the “50″! Not to mention, that as soon as Sumo read the blog (yes, he is reading the blog, just like dozens across the country and in the state) he was quite upset. Now unlike others, when he gets upset, there’s no telling what may happen in a Federal or the State Jurisdictions that he normally likes to play in.
Seems to me, the fun is just beginning! The “50″ will lead the charge, the “9″ now down to “3″ will be finished, Overhauser/Jack will end up like they have in the past, lots of “show” no to little “money”, You will simply continue to be what you are a “wannabe”!
More coming over the weekend as the “50″ continue to move FORWARD!
@ Overhauser/Jack: Little birdy told BRO about a case that you lost, badly…Seems like an attorney in Illinois really cleaned your clock! More information coming in soon….Guess Paul Overhauser likes to think of himself as the “sheriff”, does that mean Katherine Jack is “Barney Fife”?
What is it that you think you are doing here Hefty Trash mouth disgusting person? Do you believe if you tell a lie on here long enough, that people will start believing it? The continual attacks on people are repulsive to say the least, and frankly, no one gives a crap about anything you have to say. You have attempted to place blame for the demise of Stratus, to the writing of Guest Too, (me) to Bob P. Is there anything that he is not capable of doing? You called him Superman, according to you, he is!
You are now talking about lawsuits that have nothing to do with this case, as though they have any bearing on this at all. What is it you think you can accomplish with this kind of nonsensical BS? In fact, what lawyer in the world has not lost a case? It is the nature of the business. Ask your own “phat, heavy weight, scary, Spanish speaking probably traitor to his own people” if he has lost a case.
You are so broke, you could not possibly afford a real attorney; that would damage the far less than 50, wouldn’t it? And you have caused them far more damage than anyone else.
You are so full of crap, it is not funny. Good luck on the BS. Hope you don’t choke on a chicken bone.
@ Guest Too, I think Old Hefty knows exactly what he is doing, problem for you is that you don’t. No BS, simply the truth. That is/has been yours and obviously Mr. Overhauser and Ms. Jack’s problem all along, the Truth is all that matters. Seems to me, that they are now at least two steps behind Hefty. It is amazing what he finds out and from whom. Obviously, there is still more to the story and I have a feeling that it will be released in his own good time.
I applaud the “50″ as Hefty calls them, obviously they are men/women of honor and integrity. Obviously, Plaintiffs, Overhauser and Jack and the so called “light of the world” are not!
Obviously you must be Wenger. Otherwise, you are just a moron. That would make at least 2 morons not including Startus owner Kevin Spellacy. You are right about one thing, there is more to the story and it is coming soon. Jerry Wenger aka Hefty Vulgar Bag, Stratus, Service Cube and Kevin Spellacy are already exposed for the creeps they are.
How would you know anyway? You aren’t, haven’t been around, are not privy to any of the things that pertains to Stratus recently; at least that is the word on the street. So “Old Hefty” is trying to pass off himself as a disgruntled ex-employee because he knows that person is not going to read this blog.
Obviously Hefty has no honor, integrity. Obviously Stratus had none, nor does Service Cube. (Who thought that name up, it is just plain stupid.) Why do you feel the need to blab on Hefty? No one believes you. Beware of making claims that can turn into self fullfilling prohecys that sink your ship.
Bill Falkner’s language is way to “Hefty”.
Just a thought, Hefty, did you just decide to call “Old Bill” an employee who was fired, and ask him to read this blog? How would he have known otherwise? Did you say “I know your a loser, that’s why we fired you, but, look at this blog on Unhappy Franchisee and check out how clever and smart I am. Skip the parts where I have been put in my place, exposed as a liar, and admitted to ripping off at least 51, maybe even more of the franchises, just read the real funny descriptions and slanderouse remarks I made to wards those on here who do not see thngs the way I do.” Just a thought.
@ Guest Too: No slander, just the truth, it is really a simple proposition, even the good old “haggard” of a man, Bob P. doesn’t even appear to be able to muster the lies that would have to come from his mouth in order to dispute what Good Ole Hefty has said about him and his family…He is such a “godly man”, he “who is the light, walks in the light, crap that smells as bad if not worse than anyone else”!
Bill is a good friend to Hefty, he simply speaks his mind/truth, he doesn’t put up with alot of crap from anyone. “disgruntled” why on earth would he be disgruntled with Kevin and Jerry? He simply had other personal issues on his mind, needed a fresh start and he got one…..
On the other hand, someone like Bob P. simply can’t seem to look at himself in the mirror, look to see that the harm that he has caused others, including himself and his family is directly related to him and how he has chosen to live his life. He is and forever will be a “wannabe”, of course, if I had his demeanor and life, I would want to be, anyone else but him.
In regards to the Overhauser/Jack losing numerous BIG Cases, when you lose one, and then another, then another, sooner or later, you need to look and see if it is “you” or is it simply you shouldn’t have brought another bogus/lie filled/impeachable/Sham of a case in the first place!
I feel for the “9″, I really do, there is no doubt that they haven’t been told the truth, the “walking liability” is gearing up some things that even Ole Hefty can’t talk him out of. I would really like to be a fly on the wall when certain legal documents are sure to be served at the LARGE Overhauser Law Firm!
Enough for now, let us talk about the “50″, they are united, they are growing in strength and trust, they understand that the only way to handle their businesses is to move FORWARD! The “50″ are truly men/women/families built on integrity, the Proudness that I feel for the “50″ is as deep/wide as the DISGUST that I feel for Bob P., Overhauser/Jack adn the “9″. God, I’m Proud to be associated with the “50″ in some small way……Old Hefty is their BIGGEST FAN! As soon as BRO finishes his investagations into the Overhauser/Jack Losses, as soon as BRO finds out more things about the “uneasiness” in the ranks of the “9″ now down to “3″, He has promised to report these findings to HEFTY and HEFTY will report it to the Viewers and Bob P./Guest Too! Till then, I LOVE THE “50″!!!!!!!!!
Unfortunately for you, Hefty Trash mouth disgusting liar of a man, you wouldn’t know the truth if it bit you in the butt. (Has that been said before?)
Regardless of what you say about anyone, YOU are the most disgusting of all. When a man stoops to attacking someone and their family, looking for losses in lawsuits to try and discredit an attorney, who claims to hold 50 business owners in high regards, regardless of the fact you have taken advantage of them, lied to them, tried to turn them against people YOU don’t like (because they have your number) you know nothing about them really, only think you do, it says this…Hefty….you are the loser in this, and you are going to be the loser in the end. Your own words are going to comeback and haunt you.
Again, it is not legal to yell “fire” in a theater. I wouldn’t be surprised if someone owned your home before it is over. You lie on here more than anyone I have seen so far, trying to muster support, and deceive anyone who reads this.
It’s sort of like giving phone numbers of the plaintiffs to the deceived franchises that are left. What purpose did that serve? The deceived have no stake in the lawsuit, and it can only be viewed as a subversive tactic of Service Cube to try and create an atmosphere of fear, or intimidation, which is ILLEGAL by the way. That will come back to haunt you too.
I have read all the posts from front to back, and you are the only rattled person on here. I have no stake in this, but know what a miserable person you are, and the truth of things. I have information that will and can prove all the lies you have told, and that will come back to haunt you. All the way back to your deposition, you will be proved a liar.
You WILL get what you have played for.
For those trying to make sense of this discussion (perhaps because they’re considering doing business from Service Cube, Stratus, Kevin Spellacy, Jerry Wenger, etc.), I’ll try to give you a quick overview, as I understand it. Of course, this is just my opinion.
100 hardworking people bought “guaranteed” janitorial franchises from Stratus of Indianapolis, now called Service Cube, and the defendants in this lawsuit (Jerry Wenger, Kevin Spellacy, etc.).
Of the 100, 61 walked away for various reasons, but obviously were disappointed that they didn’t make the money they expected or were promised, weren’t treated fairly, had been deceptively oversold, etc.
That left 59 franchisees, who have not been paid what they are owed. The 59 were left with a choice: they could either flap their fins together like seals and hope that Stratus Indy, Service Cube, Kevin Spellacy, Jerry Wenger will feel like reaching into their bucket and tossing them a fish or two, or they could say enough is enough and sue for what’s rightfully theirs.
The “50″ of the 59 thought the non-adversarial route gave them a better chance at getting at least some what they were owed. They know they’ve been screwed over (they aren’t stupid), but the ridiculously named Service Cube has them over a barrel. They just think that looking up with their big eyes and flapping their fins might yield them a few scraps of fish before they swim off like the 61 without making waves.
Maybe the “50″ have other valid reasons for not making waves, but they clearly are not on the side of Service Cube. They know whose fault it is that they’re not getting paid as “guaranteed,” and it’s not the remaining “9″ Obviously, none of them have posted a single word of support here for Service Cube or Spellacy, Wenger, so Hefty Windbag’s portrayal of their solidarity is just absurd comic relief, like everything else he’s posted.
So that leaves the “9″ out of the 59 not getting paid. What Service Cube, Stratus Indy, Kevin Spellacy, Jerry Wenger don’t understand is that it’s not all about the money and no matter how the lawsuit is resolved, the “9″ have already won. They refused to walk away quietly after being scammed. They refused to be victims, and that counts for a lot.
The “9″ and their attorneys have sent a message to people like Jerry Wenger, who has built a career promoting this fraudulent model, that people will no longer allow themselves to be quietly victimized by this ponzi scheme they are running. If Service Cube, Stratus Building Solutions and others want to keep running this sleazy scam, they better be ready to go to court and also defend themselves in the court of public opinion (right here).
Service Cube, Stratus Indy, Kevin Spellacy, Jerry Wenger will settle with the franchisees and will pay them an undisclosed amount for the very simple reason that they want the Plaintiffs to sign off on a non-disclosure agreement that will keep them from warning people about them on the Internet for years to come. If the “9″ lose, they will still have the option of venting their frustration against these individuals no matter how many other scam companies they go to or how many new company names they hide behind.
You can run, but you can’t hide. Who will want to do business with Stratus, Service Cube, Kevin Spellacy, Jerry Wenger, etc. after they read this and realize that things went badly not just for the “9″ who fought back, but for all “100″?????
@ Guest Too: Wow, seems like you are even more unhinged today than ever before, if things were going so well for you, Overhauser and Jack, wouldn’t your actions speak louder than your words. Now, lets be honest here for one second, you continue to clamer for additonal legal proceedings, when those already under process are simply floundering already, seems that the “9″ now down to “3″ are having a hard time even justifying the fact of staying in this case when there is ZERO hope of any money exchanging hands. I am sure that they are quite aware of the financial state of Stratus of Indianapolis and its Owner. I am quite sure that even they are smart enough to understand that Stratus Franchising will simply blame everything on Stratus of Indianapolis and Spellacy respectfully and therefore their hands are clean. At the end of the day, the “9″ now down to “3″ didn’t do anything for “hero status” they did it for the MONEY or the PROMISE of MONEY that Overhauser/Jack made to them.
@ Guest: No chance of a Settlement, read the above. The “9″ have lost, they will get NOTHING from anyone. The only question remaining is, what else will they lose?
@ Viewers: Just a little dose of reality on the previous post!
“Just a little dose of reality on the previous post!”
The only dose you provide is best treated with penicillin.
Hefty Windbag claims the “9″ have lost.
Actually, everyone who bought a franchise from Stratus Indy aka Service Cube and Kevin Spellacy, Jerry Wenger, etc. have lost. It’s just that the other 91 will have to carry the frustration of not having fought back, not stood up for themselves.
The “9″ can walk tall no matter what the outcome. Their lawsuit serves as a public warning to be wary of doing business with these defendants in the future. They stood up for themselves and took a stand against a scam.
It’s those who take advantage of others in companies like Stratus Building Solutions, Service Cube, SHAMrock Building Services, Jan-Pro Cleaning Systems, Cleannet USA, and ServiceMaster who shouldn’t be sleeping too well at night, as they know their deceptions will continue to be exposed on the Internet for all to see.
Yes, Hefty Windbag aka Probably Jerry Wenger, we can tell that the wind is out of your bag and you are regretting ever stirring up an argument in which you are continually beaten and exposed. You lose each time you open your windbag… because you reveal the nastiness behind this pretend business opportunity and the janitorial scam you’ve dedicated your life to promoting.
Sucks to be you…
@ Guest: Yes, I am sure that is exactly how the “9″ now down to “3″ soon to be down to “zero” are going to view EVERYTHING…..Let’s see, they were promised fame and fortune by Overhauser/Jack? HMMMM, do you think they got it?
Let’s see, they were promised that NO HARM would come to the other/remaining Owner-Operators? Let’s see, I think we all know that didn’t happen.
Let’s see, Overhauser/Jack wanted their name up in lights and having successfully engaged a Class Action Lawsuit? HMMM, not so much!
Let’s see, somehow, I think the “50″ are the one’s along with Wenger, that seem to have the upper hand in legal proceedings in the future, against both the “9″ and Overhauser/Jack. Don’t know, seems that way to me!
Somehow, I think Coverall, Jani-King, Jan-Pro, Cleannet and yes, even Stratus will continue…Now the question is “what’s next?” How encouraged do you think owner-operators throughout the country are feeling right now when they read that Fortman’s case is in shambles in Missouri, Overhauser/Jack’s case is literally a mess in Indiana (Hefty knows, he’s predicted it all along), that Jani-King won HUGE in California and the GREAT (in his mind) 1st Amendment is off licking his wounds in his home country (no not the US, Mexico), that Jan-Pro won HUGE in Georgia, that the Commercial Cleaning Franchising World in total will be winning HUGE victories in the Virginia and Massachusetts Assemblies sooner vs. later!
Now, maybe Old Hefty knows the path, the way, the truth towards putting strong reforms and potentially change the model for the GOOD of all!
Hefty Bag wrote: “I LOVE THE “50″!!!!!!!!!”
If you love them, pay them the money they are rightfully owed.
“I think the “50″ are the one’s along with Wenger, that seem to have the upper hand in legal proceedings in the future, against both the “9″ and Overhauser/Jack.”
Silly buffoon. Wenger, Spellacy, Service Cube aka Stratus are the ones who have stolen money from the 50 franchisees. They have no business nor legal relationship with the 9 other than being fellow victims of Service Cube, Stratus of Indianapolis, aka Scamrock Services.
But please keep trying to muddy the water with what you think are clever misdirections (as if you can pit the 50 victims against their 9 fellow victims). Each time you post it gives Guest Too and I another excuse to help your effort in making a fool of yourself… and to use the terms Service Cube, Stratus of Indianapolis, Shamrock Services, Kevin Spellacy and Jerry Wenger so when people are searching for them on Google they will end up here.
The more you comment, the more you lose Hefty Windsac aka Probably Jerry Wenger! Keep up the great work!
After a couple conversations with interested parties yesterday, this will probably be my final word here. Hefty aka probably Jerry “The Liar Wenger” has lied continually here, trying to paint a “every think is just lovely” picture when the truth is far from that.
The bancruptcy supposedly filed by Abraham Murphy on behalf of Stratus/SHAMrock Services is just words on a page. Thanks Hefty, it is public record, or in your case, NO record at all. As of this morning, no case is filed. Smoke and mirrors.
Seems every Franchise that has left, or filed in the lawsuit was given a bogus statement showing that they owed huge fees, as in the case of one of the plaintiffs, fees totalling $21,010.25. therefore they didn’t pay them their final checks. That is consitant with all franchises who have bailed. In a conversation with another franchisee, who reccently left Stratus/Service Cube, (Way less than 50 Hefty) they added a bunch of fees to them, and stiffed them for several thousand dollars, and have not even provided any proof of these fees, or a statement outlining a detailed list of the fees and charges. They are stealing from people by the truckload. I wonder how the IRS willk view this. Nomatter where they hide the money, there will be a trail. I am sure there will be an IRS investigation.
In reading back to the beginning of this thread, trying to make sense out of all the crap thrown out here by Hefty Bag aka Probably Jerry Wenger, the reason for giving phone numbers out (I saw the document) of the plaintiffs, using a Hefty paraphrase, so “far lest than 50″ would “storm the office of Overhauser”. No other reason. Intimidation. Didn’t happen.
The proof of Hefty’s lies are abundant, I see no reason to go on pointing it out. To all the additional franchisees who think they are OK at Service Cube aka Stratus, how is it receiving 60% of the money you work for? How is it working you asses of on the promise of “we will make it good? We will give you a bonus of the profits (10%) of Service Cube (When?)
Jerry Wenger has been quoted as saying “If we lose this case, we will close the doors”. That is the security you can put your faith in. That is how shakey Service Cube is.
I have witnessed and heard way more proof than is listed here. Guest has made the recap clear; Service Cube/ Stratus is a pathetic excuse for a company, who steals from it’s franchisees through bogus fees and charges, “loaning” them money that they already owe them, on a promise and a prayer. It’s sort of like having someone you loan money to saying “I will pay you back when I get my tax return.” Yea. Right.
You are a blowhard for real Hefty probably Jerry Wenger. A crook. You, even if you were not Jerry Wenger, your info comes from him, you represent them, that makes you as culpibal as they are.
Deposing is such a tedious process. But it is curious, Bob P has gotten so much flack from Ol’ Hefty Trash mouth, and yet, curiously, Bob P was not deposed! The fact is, he was nowhere to be found!
Hefty must have his information completely messed up. According to OL’ Hefty public enemy No. 1 should have been the star of the show! It is beginning to look like Ol’ Hefty may not be as knowledgeable, or as smart as he thinks. Seems the enemy may not be the enemy as portrayed.
Time will tell, right Hefty? Have you swept your office for bugs yet?
Well, Stratus had a hearing today at 10:30. NO bankruptcy has been filed. “It is in the works” Jerry Wenger said, but not filed yet. Kevin Spellacy looked on with a beet red face looking as though he were about to explode.
When asked if he (Jerry Wenger) had retained an attorney yet he answered he was going to represent himself. That is rich!!!!! The judge also said he wasn’t liking what he saw out of Stratus/Service Cube. Ordered all the paperwork that they have refused to turn over to be turned over, and they cannot sell while all this is pending.
The paper trail begins, and where the money is will be discovered. So all the smoke on here that Jerry Wenger aka Hefty Bag has blowing is just that. Smoke. The judge was not happy at all with the conduct of this disreputable company. (Stratus/Service Cube)
So the pieces begin to crumble for Stratus/Service Cube. They are doomed. They have been discovered to be the crooks they are, and the court is seeing it. We’ll see how it all works out. Seems that Stratus/Service Cube is not only dishonest, but stupid. NO Attorney?
Once again NO BANKRUPTCY FILED. Just a ploy to move money by Stratus/Service Cube without paying the people they owed. To all who read this, better get on board if you are a Stratus Service Cube Franchisee, 60% of what you work for is embezzlement. That is a crime.
Guest Too:
Thanks for the account of today’s azz whooping incurred by Service Cube and its executive blockheads. Jerry Wenger seems eager to prove the saying that He who represents himself has a fool for a client. But remember, a law degree is just a pretty piece of paper on the wall, right? This should be good.
One great thing about this forum is that when the Service Cube blockheads make their bold, bullyboy statements, they are preserved and time stamped so they can be ridiculed and laughed at later. Remember when Hefty Windbag had declared there was going to be a blockbuster, earth shattering revelation… and then nothing happened?
Then there was Hefty Windbag aka Probably Jerry Wenger on 12/04/12: “In regards to the Bankruptcy Paperwork, BRO is reporting that soon all of the “50″ will get at least the name and number of the attorney that is handling the case, by the way, he/his staff speaks the language!”
Why would the 50 be excited about being told (in their own language!) what they already know: That Service Cube is going to screw them out of their money?
Then there was this blockbuster from Bill Falkner 12/05/12 “I have it on good authority that as of 2p.m. today the Bankruptcy Attorney for Shamrock/Spellacy has notified the court and will soon be notifying ALL affected owner-operators of Stratus… I understand that he is a former Veteran (like me), I understand that he is coming into this case Hard, Fast and Furious!”
9 days later, this super duper attorney hasn’t even come in flaccid, slow and anemic!
PS Bill Falkner aka Hefty Windbag aka Probably Jerry Wenger: could you please explain the term “former Veteran”? Does that mean he (and you) WERE veterans but aren’t any longer?
Yeah, you definitely should represent yourself. Education is overrated. Thanks for the comic relief!
Guest:
Just as an added note, the paper that Service Cube gave to the franchise owners from Abraham Murphy, was not even signed by him. It was on a “letterhead” but not signed by the attorney himself. It is still questionable there will be a real bankrupcy, or just a ruse to avoid paying money.
Let me clarify something, Wenger is being sued personally in this lawsuit. He is representing himself, Stratus/Service Cube has an attorney. The Judge froze paying and selling, because they were paying the wrong people with what assets are still coming in. The Judge was not happy about this, not to mention them witholding asset information, claiming to be bankrupt.
You have outlined the loud mouthed and prideful Probably Jerry Wenger/Kevin Spellacy/ aka Hefty Bag/Stratus/Service Cube’s pathetic and decrepid blithering, outlining their amazing defense, their immediate dismissel and defeat of Overhauser/Jack, along with the continual useless tongue lashing and accusations and libel against the “star witness” Bob P.
So far, NOT ONE…NOT ONE….NOT ONE thing Hefty Big Mouth has said has come to pass. All I can say is……………HA! TOLD YA!
Have we finally heard the last of Mr. Trash Bag? Has the court finally put him in his place? All that blowhard stuff was just that, a big, mean blowhard. Ha!
Word has it that the “far less than 50″ are becoming even farther less. No one likes to work and not get paid for it.
Last year Entrepreneur magazine listed Stratus as the 12th highest ranked franchise in the nation.
This year it didn’t make the list.
STRATUS BUILDING SOLUTIONS Dropped From Entrepreneur’s Franchise 500
http://www.unhappyfranchisee.com/stratus-building-solutions-entrepreneur/
I believe the commenters on UnhappyFranchisee.Com forced Entrepreneur into giving Stratus the well-deserved boot.
Where is Hefty Windbag aka Probably Jerry Wenger? Where is all the bravado and bluster these days? Has the wind finally gone out of Hefty’s bag?
So even Entrepreneur has decided Stratus is a sinking ship and not worth hyping anymore? Guess they’ll wait til Dennis Jarrett and Pete Frese start up the same scam under another name and then give them a bunch of awards so they can recruit more small time operators like Spellacy and Wenger to do their dirty work.
Kind of feels like the walls are tumbling down for old SCAMrock, Service Cube and Stratur Building Solutions, doesn’t it?
Stratus Building Solutions is being sued for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO).
STRATUS BUILDING SOLUTIONS Sued by Franchisees for RICO Violations
Corporate employees being sued individually include PETER FRESE, JR., DENNIS JARRETT, CARMEN GARCIA, DAVID FARRELL, MARISA LATHER, ALEN SULJANOVIC, BOB STAPLETON.
It appears all the Masters are named, along with some names familiar to this particular discussion:
Shamrock Building Services, Inc., )
d/b/a Stratus of Indianapolis )
(Serve: Agent: Kevin G. Spellacy )
KEVIN SPELLACY, individually, )
ROBERT PERRY, individually, )
PAMELLA MARTINS, individually, )
Look for more of these janitorial / commercial cleaning schemes to be brought up on RICO charges.
I have posted the actual complaint petition against Stratus Building Solutions, its Master franchisees and executives here:
STRATUS BUILDING SOLUTIONS Racketeering (RICO) Complaint Document
The post itself contains an overview and list of the 134 or so named Defendants.
Comments invited.
What ever happened to this case? Anyone have an update?
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