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STRATUS Lawsuit Alleges Janitorial Franchise Fraud

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 hereJanitorial / Commercial Cleaning Franchise Issues

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205 thoughts on “STRATUS Lawsuit Alleges Janitorial Franchise Fraud

  • @ Guest Too and Viewers: I agree with Hefty, there is little to no point about rehashing the past. I also agree, that it is a shame that reasonable people can’t discuss things out and make things right BEFORE non-sense like this does direct HARM to innocent people such as the 50 owner-operators reported here.

    There must be a reasonable path Forward. The 50 owner-operators DESERVE to have the primary players sit down, act like adults and figure out a proper way to move forward.

    The Model and those that sold this Sham of a Model are the real ones at fault without a doubt. There is a way to finish them and this Model from ever harming others again, there cannot be “victory” for a few and “harm” done to many either.

    By reading ALL of the comments, they seem to be made by some pretty articulate, passionate, and overall well meaning individuals.

    Whose going to “man up”? (no pun intended) and do right by all?

  • Bob P

    Ok. I have been quiet for a while, letting Hefty (Jerry Wenger) (he has admitted who he was once or twice on here already when other folks had pushed or made nasty rude comments to him, (which he attributed to me), I had texted him and told him it wasn’t me, he replied he didn’t know what I was talking about.

    So, 50 Franchisees? What happened to the other 50? We know where 10 are, Fred, and the plaintiffs. There were 100 when I was there. I am not hearing about those. If 50 left, there should have been a lot of extra work available for the so called 50 that were left. Something is fishy here. Did I hurt them too? By the way, how exactly am I hurting anyone? By siding with the franchises in the lawsuit? That is my right. You worried that I can reveal something that will validate their case? But, you have said, this will come to nothing, why worry?

    How did I hurt the so called 50 that are left, and not the other 50 (of the 100) that were still there when I was unlawfully discharged and stiffed for commissions?

    Question: Is Stratus Indy, aka Service Cube filing bankruptcy to assure not paying anyone? Who does that hurt. Fred G? I have tried to help him save his building, in your paranoid state of mind, you thought I was trying to get at you, or get info. You are delusional. Paranoid.

    You should never have talked about my family, (your information was incomplete, and partly false) especially stuff I spoke to you in confidence. You should have paid me what you OWED me. You did not cultivate any loyalty out of me, I owe you nothing. You however, owe me and my ex-family an apology. By the way,me and the ex? We are not enemies.

    You have blamed me for all your troubles. I didn’t get ripped for $120K I didn’t stiff Fred. I didn’t do anything to hurt anyone. I am easy to find, you don’t need a PI to find me. I have a simple life these days. I am not contacting franchisees to turn them against you, I DON’T NEED TO, you do a good job on your own, otherwise, where are the additional 40 franchises?

    I have been libeled, slandered and defamed. Funny, I was not hurt emotionally by your rantings. I know where I have come from. How long and hard I have worked to get here. What I have overcome. Yea, I have a past, but you know what? I use it every week to help others.

    I gotta admit, the whole Merle and Willy thing was funny. Wanna know why he used Willy and Merle as part of the defaming process of me? I play guitar, every Saturday night in one of the poorest ministries in Indianapolis. I’ve been playing for over 40 years. I have been playing at this ministry for almost 5 years. Jerry knew this info. So did Kevin Spellacy, I tried to get them to contribute to this ministry. Which they didn’t.

    Jerry assumes he is smarter than everyone else. He proudly admits it all the time. You have revealed on here who you really are., who Service Cube is. Who Stratus is. Stratus Corporate should sue you for the bad representative you have made on this PUBLIC forum.

    I ma sorry you have placed yourselves in this position. It is shameful for a grown man to spew the likes of venom you have. It was childish. I forgive all the things you said and implicated, however, it is not legal to yell fire in a movie theater.

    When I was at Stratus you boasted billing 3 Mil+ a year. Yet you can’t pay the people you owe? Where are the other 40 franchises. Where is the money? How is it, that I am being blamed for hurting the so called 50 franchise (that are left?) when all I have done is talked with Paul Overhauser and Katherine Jack about the lawsuit the franchises have brought? How does that hurt anyone?

    I never said I was the light, I said I live IN THE LIGHT. I have nothing, therfore I have nothing to lose, nothing to hide. I guess we’ll see if Startus, aka Service Cube will survive. I hold no malice, but, should anyone ask, I will direct them to this forum, and let them decide for themselves.

  • Bob P

    Honestly, does Service Cube expect anyone to believe that you can NOT PAY franchises for services rendered, and expect they will continue to work for them? Please. How long would a business be able to keep employees. Anyone believing this hogwash trying to be sold here is being gullible.

  • @ Bob P. So you continue to amaze and wonder who Hefty Bag is? I thought you knew? Maybe since you know so much about the “inner workings of the Indianapolis Office of Stratus” that maybe you could swear either in a court of law, or maybe in the form of an affadavit to all the things that you know.

    You have not been defamed, from what Hefty Bag has told me about you, with the BRO updates etc….it sounded pretty much correct. I believe even your own statements/postings as one of your MPD profiles you claimed to be a “reformed man” and that you did bad things in your past. Your past/past and even your recent past. God, you sound like you are a Baptist!

    If you have a PI following you, I can assure you it isn’t my good old friend BRO.

    I thought since you know the “inner workings of Stratus Indianapolis” that you would know the 100 was a cumalative total that had been active since the beginning till now…

    I thought since you know the “inner workings of Stratus Indianapolis” along with the harm that you, the Plaintiffs and others have cause, that the number was actually 2.2 million per year.

    You seem to have a guilty concious, maybe you could begin again or as the Baptist use “born again”.

    In regards to your family, from what I understand, it seems to all be true, so like Hefty Bag says, “why apologize for the truth being told’? Or was that your statement or handle or whatever.

    Bet you’re still wondering why Office Pride and Stratus fired you still!

  • @ Bob P. I am glad to here that you have mended fences with your “ex-family”. Of course, with them being “ex” doesn’t that mean the mending was kind of done via “divorce”. I mean it seems to me that the problem kind of solved itself.

    I would strongly suggest that your “handlers” encourage you to stay out of the way of progress. You have a way of causing more harm than good.

  • Hefty Bag

    @ Viewers: Late Breaking News! I have been informed by BRO that yours truly, (a fictional character/handle on a blog site that barely breaks the top 50,000 in rankings) has officially made into a court proceeding! I am so honored to be there, it is amazing step for fictional kind! I have proven myself worthy of the mantle formally held by the “no longer in the United States” 1st Amendment! (no, not the real one, the other one).

    If our Viewers had any further doubt that this case/cause of action was anything but a sham/bogus/lie filled/impeachable lawsuit, let there be no further doubt!

    It has also come to my attention, via another source. That I, Hefty Bag, a fictional character, have offended the following people at least.

    Paul Overhauser- Patent Attorney
    Katherine Jack- Woman’s Issue Attorney
    Bob P.- Merle, Anonymous Rex, Anonymous Indy, Truth be Told, Tell the Truth and others in his MPD dellusional state of mind.

    To which, I, Hefty Bag, a fictional character, who has been called a Pedophile, Rapist, Thief, Liar, Womanizer, Child Molester et al…..From the bottom of my Pedophile, Rapist, Theif, Liar, Womanizer, Child Molester, Slave Trade Master Heart do humbly apologize to:

    Paul Overhauser: Depend Wearing, Ambulance Chasing, Lawsuit Happy Attorney
    Katherine Jack: Ruth Buzzy Channeling, Sandra Fluke Idolizing, Attorney
    Bob P.: MPD dellusional, bong sucking, jail serving, harm causing individual

    Now, I am hopeful that I have put all of this in perspective for our viewers, which I have also discovered this past week include Attorneys in the following States:

    Indiana: At least six
    Missouri: At Least three
    Georgia: At Least two
    Massachusetts: At Least one, I am very honored to be viewed by the GREAT attorney Liz-Riordin or at least someone on her staff.
    California: At Least two

    Thank you for your attention, your appreciation, I am sure that your clients don’t exactly like the fact that you are billing them for $300/hr or more/less, but what the Hell. This is cheap entertainment, when you get right down to it!

  • Hefty Bag

    @ Viewers: Now onto the REAL Story this week: As I have stated numerous times over the past nearly four years of my appearance on this blog site, under multiple handles, in multiple blog postings, I fortold of the very situation that has happened to the vast majority of the owner-operators in the Greater Indy Area.

    THEY have been the one’s harmed! I am not going to go point by point, at some point in time, it is YOUR Responsibility (the viewer) to read earlier posts. But they are there, they do deal with the very REAL Question of “What’s NEXT!”

    Let us agree to disagree as to the HARM caused or not caused the “9”. NO ONE can disagree that the “50” have been HARMED without a doubt. I don’t care WHO you are, what your position is in this case, status is in life etc….WHO will stand for the “50”?

    This is the base problem with attorneys that truly don’t want to understand the model. Fortman got it a little, that was the primary reason why his case didn’t go after the individual Masters. But even he, doesn’t have a CLEAR picture.

    This HARM should not, must not, cannot be allowed to continue. There is NO JUSTICE AND THEREFORE NO JUSTIFICATION, for harming the “50”.

    Now, I maybe arrogant, a “smart ass” and generally a “nasty person” in some viewers eyes. But what I am is a Visionary, because I saw this coming nearly 4 Years Ago! Please read earlier posts in Jan-Pro, Jani-King, Coverall on this site.

    Though I don’t have all the answers, I do know this, you must attack the corporate entities only (such as Fortman), you then expose the falsehoods at the core of the system, you will then see GOOD, HONEST, MORAL people do the rest!

    Now once that is done, you get behind a model, that gives an ownership feel vs. employee/traditional relationship, you give it a format of internal checks and balances and you give the actual “investors” a much greater say in the company overall and direct ownership based upon a “pool theory”.

    That model, that ideal situation, would end commercial cleaning franchising as we know it today in the form of unit franchise model. Competition and Reformation of Models is what will end this terrible example of a Business Model

    Bottom line is, attacking the fringes, does nothing but causes real harm……..

    Shame on Overhauser/Jack and any other attorney in the United States that continues their lawsuits after reading this posting and those that are party too those lawsuits such as the “9”, Bob P. and others.

  • Guest

    OMG Hefty Bag aka probably Jerry Wenger has been blathering on here for 4 years?

    Here’s a suggestion for Hefty aka Probably Jerry Wenger: Take the next year off and take some remedial composition and writing courses at your local community college. Then come back and try posting something coherent. Your last two comments are completely incoherent and communicate nothing except for your dedication to trying to get a reaction from people by insulting and offending them. Kind of like an egocentric (look it up) preschooler craving attention of any kind.

    Hefty Bag aka Probably Jerry Wenger’s comments are not funny. Not clever. Not insightful. Not even understandable most of the time. Just kind of pathetic & sad.

    His attempt at filling up this page with incoherent ramblings doesn’t hide the allegedly corrupt business dealings of SHAMrock aka Stratus of Indianapolis aka Service Cube.

    Out of about 100 franchisees, Guest Too has stated that about 41% have ceased operation, given up and gone away, about 9% are suing the company and its officers for fraudulent and corrupt business practices, and about 50% have had funds they are owed allegedly diverted to pay corporate expenses and the salaries, commissions and possibly bonuses of the very Defendant’s who caused the lawsuit.

    Perhaps someone who does not have narcissistic personality disorder can address this situation because it is obviously beyond the capability of Hefty Bag aka Probably Jerry Wenger aka 1st Amendment aka God Knows What Other Annoying Alias. He would rather blather on rather than address this, or the fact that the Defendants continue to draw paychecks from funds that rightfully belong to the 50 franchisees, not them.

  • Hefty Bag

    @ Guest: Your a moron! But that is just my humble opinion. Yes, those damn, dirty, lying, cheating, stealing defendents. The outrageous salaries that they earned, the perks that they received, the Huge Expense Accounts that they have! How dare they! What a second, it’s only one person? Wait a second, everyone else there is an employee earning less than 45k per year in salary. Wait a second, they had already left or at least were in the process of leaving Stratus Franchising, LLC. the process/negotiations to leave were started back in April of 2012, weren’t signed until July 2012 and didn’t become obsolete until October 31, 2012.

    Now, unfortunately for Guest, he is simply an idiot. For the Viewers and others, they know literally everything that of relavant nature is true.

    So, back to the only question that matters, has mattered for nearly 4 Years…..What’s Next?

    The facts of the matter haven’t changed, the reality of the situation is upon us. Overhauser/Jack and the Plaintiffs hold the only cards that matter. Continue on this non-sense, waste the courts valuable time to only come to the following conclusion:

    1) Local Master left the system well prior to any judgement gotten
    2) Local Master and its operating unit franchisees were/are the only one’s harmed.
    3) Model still exists
    4) Plaintiffs get nothing, Overhauser/Jack get nothing.

    Time for me to start writing my book now!

  • I’m an idiot, moron, etc. Right. More name-calling and avoidance of any substantive issues by Hefty Bag aka Probably Jerry Wenger. No surprise there.

    As I stated:

    “His attempt at filling up this page with incoherent ramblings doesn’t hide the allegedly corrupt business dealings of SHAMrock aka Stratus of Indianapolis aka Service Cube.

    “Out of about 100 franchisees, Guest Too has stated that about 41% have ceased operation, given up and gone away, about 9% are suing the company and its officers for fraudulent and corrupt business practices, and about 50% have had funds they are owed allegedly diverted to pay corporate expenses and the salaries, commissions and possibly bonuses of the very Defendant’s who caused the lawsuit.”

    Please go work on your “book.” Ought to be brilliant lol. Leave the conversation to those capable of more than mean-spirited and nasty insults and childish name-calling. Somehow we’ll muddle through and celebrate the downfall of the illegal and unethical SHAMrock aka Stratus of Indianapolis aka Service Cube predatory practices without you.

  • Hefty Bag

    @ Guest: Well, that you are a moron, is something that we can build upon! Don’t tell me that soon I will have to add your name to the long list of people that a Fictional Character will have to apologize to as well. Here, let me get it out of the way, so the rest of the Viewers will understand fully what a moron you really are. ?Since you have to look no further than those comments made directly by at least one other “guest”!

    From the bottom of my racist, rapist, peodophile, womanizer, slave trade owner, thief, lying Fictional Heart to you, I apologize…….

    Now, since you are obviously so much smarter than myself, let me ask you a simple question. What’s Next? What about the “50”? Why should the “9” that we can all agree to disagree about Harm, the former disgruntled employee that was terminated for cause, and the attorneys that represent them, be allowed to cause harm along with others to the “50”?

    You want to have a real discussion, you think you are capable, then what is your answer/response to “What’s Next”?

  • Hefty Bag

    @ Guest: By the way, finally finished reading your self bestowed brialliance that you posted earlier. So you are going to believe Guest Too who has absolutely nothing to do with Stratus of Indy about the numbers of franchisees?

    Ok. Here’s the breakdown, simply another lie that I have dis-spell told by the all knowing, Guest Too and Bob P. (now he actually has sworn under oath, to be “all knowing”)

    51 Active Owner-Operators that have nightly/regular cleaning accounts
    9 Former Owner-Operators that 5 of them actually had nightly/regular cleaning accounts that they were performing at the time of the filing of this bogus/sham/lie filled/bogus lawsuit.
    4 Active Owner-Operators that perform “Special Services Only” still Active
    2 Active Owner-Operators that just started performing accounts, but not part of the meetings as they were dealing with October billable not paid.
    4 Active Owner-Operators that have not started accounts yet.

    Approx. 30 Former Owner-Operators that left the system for variety of reasons including, Selling their Franchise, Transferring their Franchise, Closing their Franchise due to full-time job move/loss and other reasons. (Over 4 years)

    So, let’s get back to the Question of the last 4 years and most especially of today, “What’s Next”? What right does Overhauser/Jack, Bob P., the “9” have to harm and continue to harm the “50”. (actually more, but I’m trying to keep it simple for Guest, Bob P., Guest Too and others)

  • Hmmm… what’s next?

    For starters, NEXT would be SHAMrock aka Stratus Indy aka Service Cube PAY the 50 franchisees the money ($100K?) they are owed and stop pretending the diversion of franchisee funds for salaries, bonuses and their own corporate expenses is somehow the fault of the 9 victims who have been left no other option but to sue.

    NEXT would be that Hefty Windbag aka Probably Jerry Wenger aka 1st Amendment stop defaming and insulting the people who believed the sales pitches and trusted SHAMrock aka Stratus Indy aka Service Cube, and are now pursuing remedy through the courts. Act like grownups, let the court decide whether the 9 are due a legal remedy and what that remedy should be, and abide by that decision.

    NEXT would be that those behind SHAMrock aka Stratus Indy aka Service Cube never, ever sell another fraudulent franchise or bogus business opportunity, that they cease and desist the illusion that they somehow were offering a chance to own a business when in fact they simply seem to be circumventing labor and employment laws. You want to sell cleaning contracts? Bid the work, pay employees, and make a profit legitimately. Pay employees for their time, including overtime and vacation, provide W2s, withhold social security, etc.

    Hopefully others will add what they think should come next, and hopefully Hefty Windbag aka Probably Jerry Wenger aka 1st Amendment will go away and work on his “book.” Luckily, there’s no requirement that one must actually have READ a book before one can write one. Hopefully it will keep him occupied for a couple of months before he realizes no one, anywhere, has any interest in reading his vapid and banal nonsense… much less a book of it.

  • Hefty Bag aka Probably Jerry Wenger wrote: “So you are going to believe Guest Too who has absolutely nothing to do with Stratus of Indy about the numbers of franchisees?”

    Why take anyone’s word for it? Isn’t SHAMrock aka Stratus of Indianapolis aka Service Cube required by law to include the number of and names of all current and recent franchisees in their Franchise Disclosure Document or FDD?

    Hefty Bag aka Probably Jerry Wenger please put your money where your hefty mouth is and email a copy of the latest SHAMrock FDD to the Administrator of this site and ask him to post it. (Anyone else have a current FDD they can send to be posted? It’s a public document).

    It sure would be interesting to see what SHAMrock discloses as to the number of franchisees who fell for the sales pitch, and what became of them.

    Even by Hefty Bag aka Probably Jerry Wenger’s numbers:

    – Nearly 10% of those who bought a franchise from SHAMrock aka Stratus of Indianapolis aka Service Cube have ended up suing them – a number that could increase in the near future (especially if/when the 6 newbies learn their income may be withheld so Probably Jerry Wenger can get paid for further damaging the company’s reputation online)..

    – According to Probably Jerry Wenger, 39% of those who bought a franchise from SHAMrock aka Stratus of Indianapolis aka Service Cube have fled the system.

    – According to Probably Jerry Wenger aka Hefty Windbag, at least 51% of those who bought a franchise from SHAMrock aka Stratus of Indianapolis aka Service Cube did their jobs, performed the required work, did not join the lawsuit, and are still not receiving $100K in payments that they are due.

    Wow, great company. What a swell track record, Probably Jerry Wenger! You certainly deserve a Christmas bonus (just take it out of the October billable, received, not paid to franchisees)!

    We look forward to seeing the FDD with all of the up-to-date, legally required disclosures and information. It DOES contain all of the up-to-date, legally required disclosures and information, does it not, Mr. Trashbag?

  • Hefty Bag

    @ Viewers: Late Breaking News! BRO has it on good information that “Guest” very well could be an attorney from that Great 3rd World Neighbor to the North, OH CANADA! That should mean that I will have to change the count in regards to attorney’s viewing this thread on this blog. My guess is, soon his co-attorneys that dribble and drab with each other on another site, will also be making “Guest Appearances” from the Great State of Texas (FranWhack phraser) and from the beautiful land from “Down Under”! Attorney’s all, useless all, liberals all…….

    @ Guest: Sorry, in celebration of BRO’s information, I broke open a MooseHead Beer! Oh yes, you were attempting to handle the very deep, very intellectual Question of: What’s Next? Let me para-phrase your response……Blah, Blah, Blah, aka Service Cube…..Blah, Blah, Blah thieves, liars, cheats, scoundrals, overpaid executives, Blah, Blah, Blah Mr. Trashbag.

    Ok, well that was a wonderful and very thoughtful answer and I’m sure everyone that is viewing this site, including Mr. FranWhack himself and the Aussie Ambulance Chaser are better off for hearing from you today or in your case last night. Might I suggest that you head back over to your domain where you, FranWhack and Aussie have limited discourse and only discuss amongst yourselves how wonderful each of you and Janet Sparks are!

  • Hefty Bag

    @Viewers: BRO has learned some very interesting additional information that MAY have a direct impact on this case. BRO has learned of a meeting about to take place in St. Louis on December 5th and 6th. Most of the remaining Masters, will be part of that meeting including the great man himself, Dennis Jarrett! Now this meeting should be interesting, supposidly, there are at least 4 additional Masters that are looking to leave the Stratus Franchising, LLC family. That would leave them with next to ZERO cities operating East of the Mississippi, and Less than Half of what they started 2012 with West of the Mississippi.

    Now, Fortman’s case has completely fallen apart. The Masters Amended into the case were removed, the Class Action Aspect was denied against Simpatico.
    There are still technically three (3) active cases against Stratus Franchising, LLC. It has been confirmed through a source, that the 51 Plaintiffs against Goldeneye is actually being paid for by Stratus Franchising, LLC. because that Master had it written into his Master Franchise Contract that THEY, meaning Stratus Franchise, LLC would be liable for any lawsuit based upon MODEL related issues!

    So, there is the active case in Indiana, Simpatico Case in Missouri (not technically against Stratus Franchising, LLC), 51 Plaintiffs against Goldeneye (not technically against Stratus Franchising, LLC. but paying legal bills), Goldeneye vs. Stratus Franchising, LLC.

    Having said all of the above, what would make the MOST since that at least PART of that meeting will be discussing not only the Legal Ramifications listed above, but what/how they plan on going on in the future……Does anyone of the various attorney’s on this thread understand Bankruptcy Law?

    As more and more of my little old predictions continue to come true, there is still the unanswered question that has been posted numerous times and still without a reasonable or viable answer to; What’s Next?

  • Hefty Bag aka Probably Jerry Wenger wrote “there is still the unanswered question that has been posted numerous times and still without a reasonable or viable answer to; What’s Next?”

    The reasonable, viable and obvious answer is for Service Cube and other former Stratus masters to immediately stop scamming people via a fraudulent and deceptive franchise “opportunity.”

    Using Hefty Bag aka Probably Jerry Wenger’s own numbers, a prospective franchisee could surmise that they would have:

    – A 10% chance of not being profitable and ending up in litigation with Service Cube.

    – A 39% chance of not making enough money and simply leaving the system.

    – A 51% chance of paying upfront for guaranteed work, being a good soldier, doing the required work, and still not getting paid for whatever self-serving reason Service Cube wants to give.

    What’s next? Pretty simple, really. Pay people what they’re owed, pay the judgement from the lawsuit, apologize, and do business in a legal and legitimate fashion going forward.

  • Guest Too

    I have read a lot here over the last few weeks, and I have put together something I think may interest everyone. In doing research, I have discovered that Jerry Wenger worked for Jan Pro before he was at Stratus aka Shamrock aka Service Cube. So once again, he has identified himself as Hefty Trash Bag. That being said, let me take Hefty Asses own words, and try and make some sense out of this whole thing, and put the blame where it really belongs.

    Now, Hefty Trash Bag says he has posted on here for a few years, even while employed at other janitorial service companies, and as he has worked, his acute visionary, and intuitive nature had identified, and prophesied the present situation of lawsuits. Why could he see this? Because the business model was corrupt. The business model has been corrupt. YET even though that is true, they went on to use it anyway at Stratus, instead of making a few minor corrections in the contract, wording it different and making the model…honest, and equitable.

    Now at least half of the people who have poured their money into Stratus quote “franchise opportunity” (Do you think McDonalds works this way?) over the 3 years or so Stratus has been in business have bailed. For whatever reason. We will never know, but we can surmise. Now, accross the country, Stratus business model starts getting seen for what it is, and the lawsuits begin. Stratus Corporate has its own issues with honesty, and several Master Franchises begin to try to seperate.

    When was the last time Stratus Indy aka Service Cube paid franchise fees to Stratus, eh Windbag? If you were seperating from Stratus Corporate, where did all the money that should have gone to Stratus go? You didn’t pay the business owners (owners of what?) that money. So, since you were so successful bragging 3 mil and year, according to more than one source, 5 mil according to your Linked in page.

    Onward to the point. Overhauser/Jack looked at the suit, checked the model, saw it was corrupt and offered an opportunity to the owners to see Stratus for the rip off they are. That’s what lawyers do, they sue, when it applies, the defend as is required. Finding this suit was a normal outcropping of the bigger lawsuits at hand. Nine said yes. “We see what has happened and we understand we’ve been ripped off, and we want ur day in court to see if we can recover our investment money.” It is their right to do that.

    That makes the lawyers and the nine owners crap, cheaters, liars, bottom feeders, for asking Stratus to return their money/ investment. Hefty Windbag knew the model was corrupt, he has stated it here, and yet, THEY STILL OFFERED SO CALLED FRANCHISES TO MOSTLY MINORITIES AND HISPANICS. Now why is that? Knowing they were stealing money because of the business model, knowing they were playing with a loaded gun they went ahead and sold “businesses” to unsuspecting Hispanics, and minorities, sprinkled with a few “other” races. Want to argue that Windbag? Post your FDD, we’ll do the math. They advertise in Hispanic papers distributed to the hispanic communities, with the promise of fullfilling the American Dream.

    Not saavy enough to smell the rat, they go into this blind and ultimately lose because of the lack of proper training, but more than that, they actually own nothing. Nothing marketable, nothing with any ability to use as collateral, in fact, with nearly no rights at all when it comes to the business itself. A pig in a poke.

    Mr Trash Mouth sounded so pained at the thought of the “families” suffering (his tear here) yet, HE KNEW ALL ALONG THIS WAS A CORRUPT BUSINESS MODEL, AND KEPT ON SELLING IT TO UNSUSPECTING HARDWORKING PEOPLE, TAKING THEM TO THE CLEANERS WITH EMPTY PROMISE OF LOTS OF WORK THAT WILL MAKE THEM A GREAT DEAL OF MONEY. If you cared so much, why did you go on doing this corrupt business? That is what hurt them. That is what hurt them all.

    Along comes Bob P. According to him, he gets ripped too. Illegally discharged, and short on his paycheck, same as the “business owners”. So he sides with the Franchises and the attorney. All the sudden the game changes, the court denies Stratus aka Service Cube’s motion to dismiss, and the pressures on. Bob P is the lowest form of life on the earth according to Windbag. Yet Bob P posts under his own name, something a coward like Windbag can’t say.

    Summary. Stratus/Jerry Wenger/Service Cube/Kevin Spellacy use a corrupt business model to fleece money from MINORITIEs AND HISPANICS and then when they get caught, blame it on everyone else. YOU, MR. HEFTY ASS, AND STRATUS, AND KEVIN SPELLACY ARE THE CULPRITS HERE FROM THE VERY BEGINNING.

    Not Overhauser/Jack. Not the Nine. Not Bob P. IT IS YOU WHO HURT EVERYONE ELSE. THE ONES WHO STAYED, THE ONES WHO ARE GONE, THE ONES YOU DIDN’T PAY, THE ONES YOU RIPPED OFF. It is your fault this lawsuit even happened at all.You went into this with eyes wide open, knowing you were working a basically illegall operation, and did it anyway.

    So, if Stratus Indy aka Service Cube stays true to form, they will continue to rip everyone of, or die trying. Bankruptcy. Change the name. Just like the rip off used car dealer, the buy here pay here’s of old. Stratus is doing it’s best to keep from having to pay those THEY OWE. Like any bad credit risk, they believe that ripping people off, (Hey there Hefty, I used your words to form this) filing for bankruptcy, hiding the money, allows them to live another day to continue to rip others, and get rich on unsuspecting MINORITIES AND HISPANICS.

    Do not try the “stop hurting families” plea, YOU HAVE DONE THE REAL HARM, BY YOUR OWN WORDS, YOU KNEW IT, SAW IT, KNEW IT WAS CORRUPT AND DID IT ANYWAY . Your keen eye and vision, your intuition and business saavy, the one that allowed you to see this all coming, the one that helped you to identify that this is a corrupt business model, and SOLD IT TO THESE HARD WORKING PEOPLE ANYWAY, IS WHAT HURT THEM. YOU HEFTY SCUM BAG ARE TO BLAME, NO ONE ELSE.

    Take notice. We see you for the bum you are. We see Service Cube for the company it is, (because you are part of it) and we will warn as many people about it as we can. We are watching you, closely. You HAVE slandered and libeled and defamed. You don’t know the law very well. Your predicions have not come true, nor will they. But I will agree, if you last another year as Service Cube, I’ll be amazed.

  • Well said, Guest TOO

  • Hefty Bag

    @ Guest Too: Obviously, you are one of the attorneys in the LARGE Overhauser/Jack Law Firm…..Obviously, we have all seen the greatness of Bob P.’s comments and the fact that he believes that he is “the light” or at least walks “in the light” even though he has a criminal record (recent) event though he caused direct harm (2 owner-operators affected, 2 employee’s that he hired, were fired as a direct result of him from an account), even though he was warned in writing about his actions, about his lack of performance, he was terminated for cause and without question. He is a liar, a fraud and has caused direct harm to the “50” as well as to a company that “carried him”! Only difference between what happened to him at Office Pride and Stratus is Office Pride realized what a “loon” he was sooner! So lets not “Praise” someone that doesn’t deserve, didn’t deserve and simply is too stupid to understand the HARM that he has caused even when it is layed out for him literally point by point.

    The “9” have lost, even if it had gone to court fully, they would have lost. They impeached themselves, they perjured themselves, your “9” are now technically down to “3” and even then, there is plenty to perjur each and everyone of them in a court of law…..The only problem is, it will never get that far. There will be no formal “day in court”, in that we can all agree on is a Shame!

    In regards to the “model”, you are correct, the MODEL is crap, it must be reformed, it must be changed, it must be dealt with for the good of all. Recent rulings in Georgia, California and KY give a great pause as to whether or not that can/will happen now. That was pleaded for, begged for and even the great Janet Sparks wrote a recent article about that, literally asking for some of the smartest minds in the franchise attorney arena to propose a reasonable solution.

    Fortman’s case is in the toilet, it lost its class action status, he lost the amended aspect by bringing in current/former Masters, but at least HE Understood what harm he would cause by going after the Masters as individuals. Something Overhauser/Jack obviously still can’t see even at this late hour.

    The HARM caused to the “50” is everyone’s fault, for Overhauser/Jack, Bob P., and others not to agree/see that, is simply bad Politics at best. Needless to say, I will relay what I believe is your answer: DESPITE EVIDENCE, STRONG EVIDENCE TO THE COUNTRARY, you are going to continue the pursuit of your Sham/Bogus/Lie Filled Lawsuit regardless. Because of that action, you have just cost another 10k of harm as the company, will have no further choice but to seek full Bankruptcy Protection. That 10k should have/could have/would have gone to the “50” this week versus going to another attorney.

    @ Guest: You are still a Moron!

    @ Viewers: Coming to a city near you, another bottom feeding, pond scumming, ambulance chaser attempting to gain fame/fortune and write another article! And hundreds of innocent owner-operators that chose to do their business and not wish to HARM anyone. No one that really has any idea of the HARM or simply doesn’t care to understand the HARM is what is going to do the HARM!

    @Overhauser/Jack: You are Cowards, You are Frauds, You have no excuses now. I have layed it all out for you and you have chosen to do more HARM to innocent people.

    @ Bob P.: You are an Idiot, You are a Coward, You are a mean, angry, spiteful individual, no one else will tell you that, But I will. (You were carried, you weren’t owed a penny, you have lied, you have perjured yourself, you have caused GREAT HARM and you are a LOSER without question)

    If I have offended anyone other than Bob P., Overhauser/Jack, Guest, please forgive a Fictional Character accused of being a Rapist, Child Molester, Pedophilia, Womanizer, et. al……..

  • Guest Too

    Wow. Stuck a nerve there, eh Hefty Trash bag? When it gets close to the truth, you lash out in anger, name calling throwing out accusations. I am not in Overhauser’s Firm. That shows how much you know about who is writing here. Accusing Bob P of being many characters, yet you yourself admit to being more than one character yourself. Maybe YOU should be called Hefty Trash Bag aka Probably Jerry Wenger Sybil. Are you possessed too? Sounds like it the way you throw nasty remarks and call names.

    If you aren’t Jerry Wenger, how would you know about the circumstances surrounding Bob P’s discharge? Where is the proof ? According to his posts, even the unemployment dept rejected whatever “proof” you had of his discharge.

    You just can’t take being identified for the thieves you are can you? Everyone else is scum, everyone else is a loser, Bob P must really have the dirt on you or you would not be so dang venomous towards him. YOU WERE THE ONES USING THE CORRUPT MODEL, AND YOU KNEW BETTER. Jerry Wenger, now VP in charge of business development for Service Cube, is the one who has been pulling all the strings it seems in both companies.

    Did you use a lawyer to file bankruptcy? You did? A bottom feeding shiftless skunk? Must have been to work for you. Oh, I forgot, only you can hire an attorney and use him/her in the right way, a fine upstanding attorney Probably admired you so much he worked pro bono eh Trash Bag? Cause there is no money to pay him, right? You couldn’t pay anyone else, so surely, you couldn’t pay the attorney. Eh Mr. Bag? It would hurt those poor 50 additional owners had you done that, and you WOULD NEVER DO THAT WOULD YOU MR. CORRUPT BUSINESS MODEL TRASH BAG.

  • @Guest Too: I haven’t officially been with the company for month’s, Bob P. is the one that actually took my position when I left, from what I understand, the man is a LOON in the best sense of the word.

    As you state, NO ONE knows really who anyone is on here, except those of us that actually Post their real/full names….I am assuming your name isn’t “Guest Too”?

    Maybe Bob P. could post a copy of his unemployment check/statement for all to see, maybe that would put HEFTY BAG in his/her place.

    Hope this helps clarify from someone that actually IS who they say they are, unlike Truth be Told, Tell the Truth, Guest, Guest TOO and others.

  • Guest Too:

    I do believe you made Hefty Windbag aka Probably Jerry Wenger burst at the seams! Goes to show you that those who state the truth firmly and consistently will eventually win out over those who try to confuse, distract, bully and belittle… every time.

    Guest Too, I DO hope that you are wrong about Hefty Bag aka Probably Jerry Wenger BEING Jerry Wenger. I really would hate to think that someone who states that “the MODEL is crap, it must be reformed, it must be changed, it must be dealt with for the good of all,” would continue to push that same crap model onto more innocent victims who will surely end up losing their family’s money like those that came before them.

    What would that say about Jerry Wenger if he plainly stated on here that the janitorial franchise model is crap, but then states on his LinkedIn profile: “License Agreements are available to join Service Cube throughout the United States!”

    What would that say about Jerry Wenger if he clearly that the janitorial franchise model was crap, then boasted a long list of positions with companies that promoted that crap & broken model, including:
    Service Cube
    Service Cube of Indianapolis
    Service Cube of Kentucky
    SHAMrock Building Service
    Stratus Building Solutions
    Jan-Pro Cleaning Systems
    Cleannet USA
    ServiceMaster

    What would it say about Jerry Wenger if he admitted that the janitorial franchise model was a despicable, misleading, and dangerous deathtrap, and then, in the next breath, enthusiastically invited hardworking people to climb aboard?

    Guest Too: what would that say about Jerry Wenger? Boy Oh Boy I hope you’re wrong!

  • Hefty Bag

    @ Guest: Oh how I love the history lesson on Jerry Wenger as you have laid it out for everyone….But let me ask you a history question…..Who stated the following ” Only Nixon could go to China?”. Now for most of the viewers of this blog/thread, they wouldn’t quite understand, but you, Guest Too and a few others, might actually understand without detail explanation.

    @ Viewers: Well it is official, Overhauser/Jack, Bob P. have cost the “50” another 10k that rightfully could have/should have gone to them. As Guest Too has stated without a doubt that he/she is not part of the LARGE Overhauser Law Firm and has no connection to such. Because of being forced into filing a formal Bankruptcy complaint vs. simple liquidation of assets another attorney will get his vs. the “50”. Shame on Overhauser/Jack, Bob P. AGAIN!

    So, let me state for the record, what will happen in the end:

    a) Overhauser/Jack will get no money
    b) The “9”, which now happens to be down to the “3” will get no money
    c) Bob P. will get no money, no satisfaction, no free attorney
    d) The “50” will be just fine in the end
    e) Jack will be asked to leave the LARGE Overhauser Law Firm
    f) Overhauser will stick with pushing mundane paperwork as Patent Attorney’s do
    g) Fortman’s case will end without any money exhanging hands
    h) Stratus Franchising, LLC will emerge from Bankruptcy Protection/Name Change and continue to do Franchising in 2013/2014

    Sad thing is, NO REAL CHANGE in Franchising Industry as a whole in regards to dealing with the “Business Owed” aspect of the problem, Nor the overall cost of the package size, account acceptance fees, promissory notes etc….

    Since there are NO REAL Thinkers and FORWARD prospects, seems time for me to simply disappear into the Night/Fog again. Maybe later, someone other than the “thought provoking Guest and Guest TOO ” will appear as I monitor and come back as a New Handle “FORWARD”! Till then dear viewers, I leave you with one final parody…..Back by popular demand:

    Bob P. The Bong Totin, Guitar Playin, Off Key Singing aka Merle, Lies be Told, Tell a Lie, Anonymous Rex/Indy.

    Overhauser. The Depends Wearing, Walker using, Ambulance Chasing, Wal-Mart visiting Lawsuit Filing, Patent Attorney

    Jack. The Merle Loving, Sandra Fluke idolizing, “Partner usin”, Woman’s Issue Focused, About to be looking for new Legal Home Attorney.

    BRO. The investagator/reporter that Nows All, Sees All, Reports All

    A variety of other guest appearances and insults flung at all!

  • Hefty Windbag aka Probably Jerry Wenger wrote: “Overhauser/Jack, Bob P. have cost the “50″ another 10k that rightfully could have/should have gone to them”

    That’s like telling the electric company you can’t pay the electric bill because your unfair landlord made you pay the rent. If you’re gonna be in the business of selling businesses that are guaranteed to fail, litigation is going to be a normal expense.

    “Sad thing is, NO REAL CHANGE in Franchising Industry as a whole…”

    Funniest line of the morning. Here’s a change Kevin Spellacy, Jerry Wenger, Service Cube can make immediately: Stop selling scam franchises guaranteed to fail. Run a legitimate business in which revenue comes solely from cleaning customers, not the savings of would-be business owners who fell for a slick sales pitch.

    How’s that for an idea, Probably Jerry Wenger? Crazy, right?

  • Guest Too

    Amazing. Hefty tells us he is STILL ripping off people, like it is just “business as usual”. Guest, you are right. This is as low as a company/person can go.

    Get ready Hefty, I will use Bob P’s description, when light is shined on the cockroaches, they scatter. The light is coming, and there will be no refrigerator for you to hide under.

  • Hefty Bag

    Late Breaking News!

    BRO has learned some very interesting information that directly relates to the “Light” and he who walks “in the light” and he whose crap doesn’t smell!

    It appears that Mz. Jack, the defender of all things having to do with Va Jay Jay (Oprah’s phrase, leave Hefty alone on this one), seems to be having an issue with the walking Hyprocrissy known as Bob P. I guess Mz. Jack actually confirmed that what good ole Hefty was telling, was, what for it……..THE TRUTH!

    The Light, he who walks in the light, he whose crap doesn’t smell, actually did the following:

    [Off-topic attacks redacted. See administrator statement below]

    What’s worse, it appears that BRO has un-covered and confirmed that Bob P. was SO DISGUSTED with the franchising business that he actively solicitated and actually SOLD franchises both during his time at Office Pride and most assuridly during his time at Stratus/Shamrock. Not only that, but the person he sold while at Stratus, let’s just call her “Kat”, had other business dealings with the “light”, “he who walks in the light” and “he whose crap actually DOES smell” in which she turned him in for violations in regards to EBAY selling stolen/pirated Software!

    Oh how the disgusting laundry is about to be aired in regards to Mr. Light!

  • Hefty Bag

    @ Viewers: BRO will now be spending full-time looking into the following “disgruntled” “9” which is now down to “3”.

    Lorenzo Rodriquez
    Nidia Martinez
    Jose Leon/Yolanda Alvarez

    Isn’t it fun, when the “other side” actually fights back?

  • ADMIN

    Message from the Site Administrator:

    We try to leave discussions as unmoderated and as unedited as possible. However, we will step in if the discussion forum is being used to intimidate others, to attack family members of those involved with a dispute, or to disrupt family relationships.

    If you’d like to continue having the privilege of participation, please keep the discussion focused on the business and legal topics at hand. While the line isn’t always clear, refrain from blatant ad hominem attacks against individuals on topics not central to the business discussion. In short, attack the argument, not the arguer.

    Also, consider family members and others unrelated to the dispute off limits.

    This is an important discussion, so let’s rein it in here, folks.

    Offenders will have their comments moderated at first, then will be banned if they can’t control themselves. Be sure that you are posting with a valid email address (only I can see it) so we can communicate directly, if need be.

    Questions or comments for me can be sent to UnhappyFranchisee[at]gmail.com.

    Thanks to all for for your continued participation.

    ADMIN

  • Guest Too

    I have recieved information myself here. Question Mr. Windbag: if Stratus, Probably Jerry Wenger, and Kevin Spellacy have filed bankruptcy, where is the assets paperwork that every franchise owner should have recieved? Where is the poof that monies coming in are so far less than monies going out that bills cannot be paid? If that were true, then where are funds coming from to start Service Cube? How can Service Cube continue to RECEIVE MONEY from EXISTING clients that were assets of Stratus that is bankrupt? Bankruptcy is a legal proceedure, you not just file without the proper paperwork and documentation, to PROVE you qualify. Bankruptcy can be denied. I don’t think it has been filed at all. I think Hefty aka Probably Jerry Wenger is just blowing smoke. SUE.

    It seems that Jerry Wenger, in meeting with the exiting franchise owners (owners of nothing) may be coerced into signng on with Service Cube by telling them at their meeting about the change, sign, or lose the money that was earned with (Stratus that is now broke and going bankrupt.) In addition, it has been discovered that the names of the plaintiffs and their phone numbers was given by Jerry Wenger and Kevin Spellacy, including the name and phone number of Bob P. Why would you do that Mr. Wenger?

    Obviously Hefty Blabbermouth is undone, coming apart at the seams, so much so that the Administrator has had to step in and cut him off. You hae ascribed many names to Bob P, I am trying to understand why. I have gone back and read this all fromt he beginning again, and there were things said early on that you accused him of, but it doesn’t read like, or sound like, anything else he has posted here. You seem to have made more than one person who finds you unprofessional, tackless, and mean spirited. Why are you so bent on defaming Mr. P? He has been strangely silent in this blog, popping up only once in many weeks of crap being thrown by you.

    Your pattern is this, you try to blow smoke up everyone’s butt, and then someone figures it out, calls you on it and you blame Bob P, and call him names, along with Overhauser/Jacks. Someone (me) identifies the complete deception you have pulled, fleecing minorities as well as LOTS of Hispanics using this corrupt business model (Hefty’s own words) and think you are funy calling poeple names and denigrating their very families?

    Do you think we are going to just say “Wow, you are so clever with your great descriptions, character references and slanderous remarks?” Will we see you as a great business person who claims to stiff his Franchise owners, and blames it on other people? The billing comes to you first. Isn’t it stealing if you receive payment for work done by someone else that YOU ARE SUPPOSED TO PAY, and instead, you spend it on something else? Hogwash.

    You are just trying to keep the focus off you, so you can do whatever it is to cover your own butts. I wish I knew exactly what that is I’d expose it. Under oath Mr. Trash Bag. Are you going to reveal the truth under oath? No, I think not, and we’ll catch you at it. We’re waiting for it. You know what I’m talking about. 31 days.

    You are not a smart as you think. Blame Overhauser/Jack Bob P. all you want, but you have proven yourself to be the most miserable. The truth definitely hurts, eh Mr. Bag, More than Probably Jerry Wenger, under oath.

    Hold that wallet close Mr. Bag. I predeict it will get a lot lighter before all is said and done. Unlike your predictions, I have the inside track on this one.

  • Guest Too

    It is confirmed, Service Cube aka Kevin Spellacy/ Jerry Wenger aka Hefty Bag DID give phone numbers and names of plaintiffs and Bob P to the potential Service Cube franchise converts. I say potential, because even though Hefty says there are 40 or 50, apparently stealing the income they have earned to pay legal fees hasn’t set well with them. Some of them paid $20K and more.

    Service Cube is telling ex-Stratus franchisees they can ‘borrow” money from them (Service Cube) interest free to pay bills????? but they have to sign up with Service Cube to receive any money and keep their accounts.

    (I intentionally mis-spelled a few words in the last post to see if Hefty would accuse me of being Bob P. He seems to think everyone on here who opposes his perspective as being Bob P, or Overhauser/ Jack.)

    So lets re-examine: Service Cube/Stratus stole money earned by the last vestiges of the Stratus franchises, spent it, AT THE CHRiSTMAS HOLIDAY SEASON, coercing them to continue to do that work as Service Cube franchises by signing with Service Cube, only to understand that if they don’t, they lose the accounts they have, and won’t get paid. Wow. Is this a “chain gang”? This sounds like the Great Depression Camps of tthe 20″s.

    All Windbags predictions so far are 100%……………….WRONG.

    One can only surmise the reason for giving out the phone number and names of the plaintiffs…maybe hoping that the franchses not being paid will get mad at Overhaser/Jack/Bob P/Plaintiffs, call and harrass them into stopping their lawsuit or scaring them into retreat. Hefty hinted at this in an earlier post. Could this be perceived as a threat against the above mentioned persons? I think so.

    So far there is no real evidence seen of the bancruptcy, no paperwork, no letters from the court, so that is still to be determined. Stratus/ Service Cube/ aka Jerry Wenger/ Kevin Spellacy are sniviling snakes. Oh and BRO (Jerry’s Info gathring tool) isn’t real either. So far, all the evidence he has supposedly collected against plaintiffs, Overhauser/Jack and Bob P, apparently is knowledge only Jerry Wenger knew for sure. So once again, Hefty Under Oath has identified himself. We are waiting for the denial. We’ll have you then. We’re waiting.

    Additionally, Bill Faulkner, Bob P’s predesessor, was fired. He never met Bob P. NEVER saw him. I have this on good authority. He did not leave Stratus on good terms. I doubt that this is really Bill Faulkner, and if it is, he is irrelevant.

  • nixon

    So what’s all going on ? What will happen to all these peoples ??

  • Hefty Bag

    @Guest Too: Wow! Talk about striking a NERVE! I know you are not Bob P. for sure, I don’t think he knows that many words!

    So let me get this straight, YOU are now upset that Spellacy/Wenger/Martins/Stratus and Shamrock gave TOO MUCH information to the “50”?

    So, what do you care? It seems to me that if Plaintiffs case is built upon the truth, they would welcome ALL the information coming out, Wouldn’t they?

    I mean, who does the Truth Really Hurt?

    Seems to me, you have gotten awfully upset for someone that has NO INTEREST in this case at all?

    Seems to me, you know alot of detailed information about this case to not be part of it somehow?

    But let’s go back to the beginning argument that you and others had, you claimed in multiple postings that NO ONE was telling the truth in regards to Spellacy/Wenger/Martins/Shamrock/Stratus, NOW your argument is that all of the documented information is somehow BAD for the “50” to have?

    Talk about MPD!

  • Hefty Bag

    @ Nixon: Because of the efforts of good ole Hefty Bag, I have decided to STAND for the “50”. The “9” are now down to “3” and I have a feeling that soon, very soon, the “3” will be down to “1”.

    Now the “50” have rights equal too or greater than the “9”, if for no other reason, they decided willingly NOT to JOIN this bogus/sham/Lie filled/Impeachable Case filed by the “9” and by Overhauser/Jack. The “50” have done things the right way, they have handled their responsibilities the right way, they have honored their contract the right way, they have worked hard to improve their lives and therefore the lives of their families the right way…..Let it be known, that Hefty Bag will STAND FOR AND WITH THE “50”!!!!!!!!

    Hefty Bag is fighting on the side of Right! Hefty Bag is fighting Hard! Hefty Bag is fighting, just a little dirty! Hefty Bag is attacking those that have unjustly attacked the “50” and without good ole Hefty, the “50” would still be silent……..

    Overhauser/Jack are unethical, immoral, classless, ambulance chasing, bottom feeders!

    Bob P. since you seem to be the “star witness” and have now legally interjected yourself in the case, should be real interesting to see how you answer certain questions!

    Till later, Good Ole Hefty will be back!

  • Hefty Bag

    @ Guest Too: Sorry, didn’t want to leave anything of real concern off the record……BRO has reported that your statement about FORCING the “50” to sign a document PRIOR to getting their check (which by the way, HOW did they get a check? I mean according to you, they got NOTHING) is totally False! He reports they were asked to sign a simple one page agreement which in effect was due to insurance needs. Nearly 1/2 of the “50” asked for the checks to be mailed, all were called, all were asked to review the document and bring it back in the coming days…….So, NO ONE was forced to do ANYTHING! So, I guess just another pile of Dung left by YOU!

  • Hefty Bag

    @ Guest Too: 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! He was chosen not only because of his knowledge of the Bankruptcy Laws but also because of him and his staffs ability to speak the language of the majority of the “50”.

    A letter is forthcoming first from him, then from the court. Only have to look in the Public Record to see that Spellacy/Shamrock’s attorneys have filed formal request for removal from the case…..

    As for your Racist comments in regards to the Hard Working, Family Oriented, Customer Focused abilities of the Hispanic Community, can I ask you a simple question?

    Why wouldn’t the Hispanic Community want to work in our industry? They possess a natural desire to please, they possess a natural desire to improve their lives and therefore the lives of their families, they possess a natural level of honesty, trust, hard work ethic, the possess a natural appreciation for America and its core values! Why in the HELL wouldn’t a smart, business growing company such as Stratus/Shamrock chose to actively market, work with, have as its primary partner people such as these!

    It disgusts me when Overhauser/Jack and people like you and Bob P. make the Hispanic Community out to be something that it isn’t! These people have goals just like everyone else, they are willing to work hard for themselves and their families to achieve these goals, they love this business and they love people in general! You/Overhauser/Jack/Bob P. make these people out to be something that they are not, they have abilities and trade skills that NONE of you understand!

  • Guest Too

    Once again, Hefty, You dodge all the real questions in order to point the finger at someone else. Way to stay true to your conniving self. Talk about profiling, what is this “They possess a natural desire to please, they possess a natural desire to improve their lives and therefore the lives of their families, they possess a natural level of honesty, trust, hard work ethic, the possess a natural appreciation for America and its core values!”

    Only Hispanics have these qualities? I don’t see advertisements for Stratus anywhere else BUT the Hispanic communities. Seems to me it is not the “Hard working people” aspect of these folks, but rather the easier to take advantage of. Just a thought.

  • Guest Too

    One last thing there Probably Jerry Wenger aka Hefty Nasty Bag ol’ boy; the lawsuit is NOT down to three. It is obvious that you, and/or your legal council have been unable to interpret the motions put forth. Look again. All that money belonging to the franchise owners (owners of what?) you are spending on legal council, isn’t working. Maybe you should call Ken Nunn. There are still 9. Will be 9, and the 9 will have their day in court with you.

  • @ Guest Too: I happen to agree with my friend, Hefty Bag. Seems like you are more than just a little bothered with what Jerry/Kevin/Pamella/Shamrock/Stratus have done. Why does the truth and the free flow of information seem to HURT YOU so much! They simply can’t win, one day you are made because you state that they are saying NOTHING, now you are MAD that they are saying EVERYTHING!

    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 and his staff are bi-lingual, I understand that his office is in what is considered “Little Mexico Area of Indy”, I understand that he is a former Veteran (like me), I understand that he is coming into this case Hard, Fast and Furious!

    I understand that there is a letter on file with the former Stratus-Indy office that any owner-operator is free to receive, have emailed to them etc…

    I guess good ole “Guest Too” is mistaken yet again!

  • @ Guest Too: Know too many Hispanic Families in Greenfield, Noblesville, Fishers, Carmel area do you? I mean that is like Kelloggs advertising Frosted Flakes with Nursing Home Providers…..Seems like to me, that if you are wanting/desiring the qualities that were mentioned by Hefty Bag above, that you would tend to spend your advertising dollars in the print, radio, general advertising community that is actively soliciting the same……

    I don’t know, but it seems simple to me!

  • Guest Too

    Bill Faulkner
    I agree, you are a simpleton.

  • Hefty Bag

    @ Guest Too: Wow! How nice to speak to a veteran such as Bill Falkner that way, obviously we know exactly where your mindset is!

    @ Viewers: Let me tell you how impressed with “Sumo” I am already, he is already kicking butt and taking names! He has entered this case like a Marine hitting a beach in WWII! He has already spoken with several former owner-operators of Stratus of Indiana. He has already produced a letter for all owner-operators (former) that will be mailed from his office in the next day or two. He has already informed the court that he will now be handling the overivew of the Bogus/Lie Filled/Sham/Impeachable Lawsuit filed on behalf of the “9”. He is an impressive man, he is a BIG MAN, he almost scares Hefty himself, and I am on his side!

    More on Sumo coming soon, more updates for/about the owner-operators, more on my Fight For the “50”!

  • Hefty Bag aka Probably Jerry Wenger:

    You are continuing to hard-sell a business opportunity that you have already acknowledged as being “crap” but nonetheless continue to hard-sell it anyway.

    Why should anyone give a crap about anything you have to say? Answer: They don’t. Your credibility is shot. Please be quiet and just go away.

  • Guest Too

    Guest:
    Well Said. Well Spoken.
    Hefty Bag aka Probably Jerry Wenger
    How do you know I’m not a veteran? You still don’t know I am not a court official, let alone anything else. Maybe an IRS Agent. How’s your finances Mr. Wenger? There will be a trail with Stratus/Kevin Spellacy that will be followed.

    Besides, when someone spews mindless blither like Falkner, siding with what should be a CRIMINAL ENTERPRISE, it just makes me realize how many idiots there are in the world, and I want to puke.

    Make your denial. we’re waiting. Is it just me, or is it just idiocy to brag about the bankruptcy attorney you hired to help you with your ripping off minorities and Hispanics? And that he may be Hispanic himself? What does that say about him? Sumo by the way is a Japanese sport, not Hispanic anything. Sort of stupid, like the name Service Cube.

  • Hefty Bag

    @ Guest and Guest Too: Isn’t that just sweet and lovely, one of you farts and the other one asks “those tacos you had last night for dinner, were they beef or chicken”!

    There is no selling of the TRUTH. Even all of those mean/nasty/disgusting things said about the “Light, he who walks in the Light, he whose CRAP SMELLS” were are/are all TRUE!

    In regards to marketing towards the Hispanics and the reason for marketing the Hispanic Community is Real as explained by me. NOTHING either of you has said that what I said about the Hispanic Community is UNTRUE!

    In regards to a fictional characters tax status “even Overhauser/Jack aren’t that stupid to ask for/subpeona those documents!”

    In regards to Sumo, no really (in regards to them being from Japan) please tell all of the viewers more, PLEASE!

    In regards to the issues that directly surround the commercial cleaning franchise industry and in more specifics the unit franchise arrangement, there are FLAWS, tremendous FLAWS in my opinion. The document should be streamlined, the document should be easier to read, the document should be translated into Spanish and English (other languages as well) however, since the official “contract language” must be in ENGLISH, there could be/should be an agreement to give the FDD in the choice described above, but the actual contract signage pages must be done in English. In closing, the “purchase price” should be uniform based upon 1k per month in “business owed” and then and only then, once they reach certain “tiers” of business does the sales/marketing fees get paid.

    There could also be limits as to how many unit franchises could be/should be sold in a given market, it can easily be tied to MSA Population.

    Again, the original premise of the model was “a vested owner-operator will out perform on a consistent/across the board scale a non-vested employee”. Build on that core principal, place reforms as described above, place limits as suggested, charge reasonable fees including sales/marketing fees and adjust from there.

    In regards to Service Cube selling or not selling unit franchises, it does not offer as BRO has reported prior.

    Now the attorney that has been hired by Shamrock/Spellacy is a racist or is using his status to assist in the “ripping off of the owner-operators”…..Wow, seems to me that Overhauser/Jack are having a REAL HARD TIME with certain things done by Spellacy/Wenger/Martins/Shamrock….Wonder Why?

  • Hefty Bag

    @ Viewers @ Guest Too: I finally finished reading the posts made by Guest Too, sometimes you have to read something more than once, place words that actually make more sense, then respond. Sorry, just a process when you are dealing with the lack of qualities exhibited by Guest Too and others.

    1) Insulting our Veterans such as Bill Falkner and calling their comments “irrelavant” is disgusting. That one comment alone shows the level of disrepect that is obviously one of YOUR core traits.

    2) Complaining about telling the TRUTH is simply a new one on me! Seems easier to me, less thought actually has to be done, makes life a whole lot easier. A mentor of mine told me this many years ago, “The truth may hurt, but it is still the truth, you may not like what I say, but it will always be the truth”!

    Now, full disclosure, I obviously don’t know if Paul Overhauser wears Depends or not, I was simply poking fun at a “non-fun” person! I obviously don’t know if Mz. Jack actually WORSHIPS at the ground occupied by Sandra Fluke, but I have heard verifiable rumors to the such!

    But the Truth about Bob P. is simply that, THE TRUTH!

    Unfortunately due to Sumo coming into play, (yes, I know it is from Japan!) this case will NEVER see the light of day again in a court room not later than the end of the month…..Yes, Overhauser/Jack are embarrassed, Yes they are humiliated that a Fictional Character with limited/verifiable “pretty pieces of paper” destroyed their “case in chief”, Yes they are upset that their “star witness” was nothing but a CAD, Yes they are upset that they will NEVER get a penny from Wenger/Spellacy/Martins/Shamrock, Yes they are upset that they took the course that they did by attempting to sensationalize this case, Yes they are upset that I (a fictional character) will continue to Haunt them and follow them/their dealings from now on!

    Seems only fitting to point out, that to date, on the important topics at hand, that Good Ole Hefty simply is batting 100%.

    In Closing, the Harm done to the “50” is disgusting, seems to me that Attorneys should sign a simple pledge to “Do no harm to innocent people”! These people were 100% innocent, they FREELY chose NOT to join this Bogus/Sham/Lie Filled/Disgusting/Impeachable Lawsuit! Yet, they were the one’s directly HARMED by it!

    Overhauser/Jack, mark my words, Relentless doesn’t fully describe what my actions are/will be in the future in regards to you and attorney’s just like you in cases such as these!

  • Guest Too

    Hefty Trash Bag,
    Service Cube is doomed. All your pshychotic babbling has not convinced, not impressed anyone. You wouldn’t know the truth if it bit you in the butt. Your words have proven your character. If I were an attorney, I’d take Bob P’s case pro bono just to get at what you say can’t be gotten. That, you are wrong about. If any attorney out there is reading this, I hope you track Bob P down. It’s a winner.

    In my research, I have discovered that much of your babbling is just that. Babbling. I know way more than I am telling here. If I were someone out there trying to be sure I did get apid after I won the case, (I predict a Stratus/ Jerry wenger/ Kevin Spellacy loss) I’d be calling the IRS and having all the finances of the defendants investigated.

    IT WASN’T THE LAWSUIT THAT HARMED ANYONE. IT WAS THE CRIMINAL WAY STRATUS SOLD FRANCHISES, (and not being compliant with the state I also understand) AND COLLECTED MONEY AND HOW SAID FUNDS WERE DISTRIBUTED. IT IS ALSO THEY WAY THE FRANCHISES WERE TREATED. IN ADDITION, IT IS HOW INSTEAD OF TAKING RESPONSIBILITY FOR YOUR HORRIFIC ACTIONS, YOU BLAME EVERYTHING/EVERYONE BUT WHERE THE BLAME BELONGS.

    Jerry Wenger was the “slave master” in this entire thing. He pulled all the strings from what I have gathered. If he didn’t want you to work, you didn’t. If you were/are on his bad side, you were moved to the bottom of the list. They were not selling businesses, you paid Stratus for the oppportunity to work for Stratus. They could pull the plug on your work at the drop of a hat.

    Fact is, I have even discovered that if as a “franchisee” you upset a client, for whatever reason, but your worker was good, they would take your employee(s) from you without due process, and put them to work for themselves, making the money that was paid to the “franchise” themselves. Is it legal to steal employees from your “franchisees” too?

    “Overhauser/Jack, mark my words, Relentless doesn’t fully describe what my actions are/will be in the future in regards to you and attorney’s just like you in cases such as these!” Now, that sounds like a threat!

    Probably Jerry Wenger, I think you take big risks with statements like this. It is going to come back and get you in the end. You have gotten no truth about anyone remotely correct. Ultimately, you are going to shown for the creep, pathetic business man (I use this loosely) you are.

    I can find no evidence for the bulk of your accusations against anyone. Bob P again is strangely silent here since you continually bash him and seem to hold him singlehandedly able to put Stratus out of business. He must be a powerful entity. POWERFUL. If that is true, I’d quit messing with him.

    He doesn’t seem to have a need to defend himself agnst the crap you throw at him. I respect a man who can take the high road (yea, I can see you using the term “high” road to try and bismerch his character again). A gulty man feels the need to defend himself, not an innocent one.

    He appears to be a convenient scapegoat to deflect guilt off yourself. To keep people looking other places instead of where the focus belongs; on Jerry Wenger. On Kevin Spellacy. On Stratus and Service Cube. On the money.

    YOU ARE THE PROBLEM. YOU ARE THE REASON ANYONE MAY HAVE BEEN HURT. YOU ARE THE REASON FOR ANY LAWSUIT. YOU CONDUCTED AN ILLEGAL BUSINESS WITH FULL KNOWLEDGE THAT IT WAS. ANY GUILT OR FAULT IN THIS RESTS COMPLETELY ON YOU AND KEVIN SPELLACY. YOU KNEW BETTER AND DID NOTHING ABOUT IT.

    Now you say “In regards to the issues that directly surround the commercial cleaning franchise industry and in more specifics the unit franchise arrangement, there are FLAWS, tremendous FLAWS in my opinion. The document should be streamlined, the document should be easier to read, the document should be translated into Spanish and English (other languages as well) ” and we are supposed to see you as what? A wise man who sees the flaws in HIS OWN BUSINESS? Or as a ass who ripped off at least 50 that came before the 50 that are being ripped off now.

    PPPPPUUUUULLLLLEEEEEAAAAASSSSSEEEEE!

    Now we are supposed to see your inflamatory remarks towards Overhauser and Jacks as “pokes”, just joking around calling her (Jacks) a lesbian, as well as a bottom feeder and on and on. Bismerching Overhausers legal firm and degree’s, as if they were dogs to be kicked. Worse, you have not just attacked someone who has not attacked you at all, insinuating him as a drug user, as a criminal, not to mention the attacks on his family. Was that “all in good fun” too? You must really be scared of him. What power!

    Well, we are all sick of your crap. We all know you are a crook. We all know you are a vicious, nasty self absorbed narcicist that thinks he is so clever, so “cute” and so smart. You aren’t.

    One more thing, thanks to Bill Falkner for his service, but please, do not publisize that you were a military person, we are trying to increase the quality of the people who become part of the armed forces, and you would not be a good example.

  • Hefty Bag

    @ Guest Too: OMG! (using your own vocab there for your own good) I mean, you must have typed and typed, so many CAPS as well….Doesn’t that mean you are Yelling? Seems to me that you are quite unhinged.

    Seems to me that the Truth really does Hurt. Again, Bob P. is simply silent becasue everything Good Ole Hefty Bag said about him is true. What he did to the owner-operators, what he did to the customers, what he did in selling franchises at both Office Pride and Stratus. What he was arrested for and on and on and on..

    In regards to Overhauser/Jack they are truly the scum in the bottom of the pond, I’m sorry that the Truth Hurts so Much, I’m sorry that Overhauser/Jack are nothing but Modern Day Ambulance Chasers and the other issues directly associated with them and this case. I’m sorry that they have put their Plaintiffs in a terrible position that will be revealed/confirmed sooner than later.

    I’m sorry that you feel the way that you obviously do about our Military Veterans by stating that their comments aren’t appreciated or valued by you or making statements to the effect on behalf of others.

    In regards to Service Cube, I’ll take that bet on survival everyday and twice on Sunday, has nothing or little to do with Kevin/Jerry/Pamella, it has EVERYTHING to do with the “50”! They are the TRUE Power Holders in the Organization, They are the TRUTH TELLERS by their actions, THEY ROUNDLY chose to NOT JOIN this Bogus/Sham/Lie Filled/Impeachable Lawsuit!

    Bottom line is Guest Too, Bob P., Guest, Plaintiffs, Overhauser/Jack THE “50” will Win and GOOD OLE HEFTY

  • Hefty Bag

    ooopS! hIT THE wrong Key! Meant to finish, GOOD OLE HEFTY GUARANTEES IT!

    Time for Guest Too to HIT THE ROAD, JACK! As Si says on Duck Dynasty!

  • Hefty Bag

    @ Guest Too: I finally re-read your ramblings and actually found something that we can actually agree on….Overhauser/Jack ARE Dogs to be kicked! Obviously, you are still coming down off of your “high horse”, hopefully when you get back to earth, you will realize what a fool you are.

    Let’s change the subject a little, the “50” are ALL still moving forward, they are taking care of their business, they all continue to make their choices FREELY and without dramatic input from anyone….What does it say about a group of “50” that have faced tremendous adversity and harm at the hands of so few the “9”, Overhauser/Jack, Bob P. and others and yet they still have faith, courage, honor and honesty on their side!

    GOD I AM PROUD OF THE “50”! Many have already talked with “Sumo” man he is a BIG MAN, he will dwarf the BIGGEST MAN at the Overhauser Law Firm without a doubt, I feel sorry for Mz. Jack!

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