Chapter 11:
“Free Free ... Set them Free”
If Richard J. Marco Jr. were receiving any salary or compensation as Building Blocks Adoption Service’s “Corporate Attorney,” he went above and beyond his corresponding duties with Janet Ostrander. We believe her complaint generated more letters from him to more parties than any other complaint we know of. We hope Denise was paying him double-time, and giving his secretary roses for the outstanding job she was doing in typing this trash out.
On March 1, 2005 Janet Ostrander received this document, the document we quote at the beginning of her story. Janet sent it to us in email. She wrote:
Please pay particular attention to paragraph 2......I don't think I need to tell you that I am not signing this........they've done so much damage already.......it's not worth getting the money back....
Even Daniel and I, hardcore to the core, were stunned by it. If only they could have said “do not talk to Daniel and Elizabeth Case.” It was evidence we had scored, struck right at the heart of Building Blocks, evidence we had succeeded in our quest to take a bite out of Denise Hubbard’s child pimping business. Evidence they could do nothing to stop us and this website. Evidence that they were still the bullies they had always been. But the best evidence of all – they were scared of us. They could do nothing – legally, morally, electronically or verbally – to stop us – or stop their victims from seeking us out.
What is interesting is the fact they ask Janet back for the company correspondence she had sent us. For they knew Janet was in contact with us. One too many emails had been exchanged and forwarded where our email address was apparent. They’d had people reading our website, looking it over. They knew we quoted many bits of electronic and paper correspondence written by Denise Hubbard, Richard J. Marco, Jr. their facilitators and employees. This they could not hide from. It was their own words which will continue to sink them.
Other BBAS victims have signed Agreements to get paltry sums refunded. We do not know if other BBAS victims had to sign this exact Agreement, but understand why they would signed one. Even for $1,500. But Janet Ostrander was not one of those other clients.
Here is that Release and Confidentiality Agreement once again, with the pertinent sentences highlighted.
RELEASE AND CONFIDENTIALITY AGREEMENT
This Agreement is made and entered into this ____ day of _____, 2005 by and between Building Blocks Adoption Service, Inc., an Ohio not for profit entity with its principal place of business located at 52 Public Square, Medina, Ohio 44256 (hereinafter BBAS) and Janet Ostrander, an individual client of BBAS residing at________________________ (hereinafter Ostrander).
WITNESSETH
Whereas BBAS and Ostrander entered into an agreement for the facilitation of an international adoption by BBAS on behalf of Ostrander; and
Whereas said adoption did not occur; and
Whereas unfortunate differences have arisen between BBAS and Ostrander as to the assessment of fault; and
Whereas BBAS and Ostrander desire to resolve their differences by this Agreement;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. BBAS shall return to Ostrander the sum of one thousand five hundred dollars ($1,500) upon receipt of an executed original of this document as consideration for the promises and covenants contained herein.
2. Ostrander, in consideration for the return of monies and for the promises contained herein, agrees that she shall not disclose or cause to be disclosed directly, indirectly or by any means whatsoever originating with her or anyone associated with her, any information concerning the facts, details, impressions, opinions, or terms of the relationship between BBAS and Ostrander. The limitation on the release of information shall include, but be not limited to, communications that are written, oral or electronic. Further, Ostrander shall immediately withdraw, by written communication copied to BBAS, any permission or dissemination of information that she has given to third parties hereby rescinding any and all use of that information concerning her relationship with BBAS. Ostrander shall take all reasonably necessary steps to cause any third party use of adverse communications to be removed from public accessibility. Specifically, there shall be no posting of any information concerning the relationship between Ostrander and BBAS on the adoption boards, on the internet, in writing, in newspapers, orally, in any other manner whatsoever. Further, Ostrander shall dismiss the complaints brought against BBAS at the Better Business Bureau and at Ohio Department of Job & Family Services.
3. Ostrander and BBAS further agree to hold the terms and conditions of their relationship one to the other and this Release confidential and thereby will not directly or indirectly communicate negative information about the other to any third parties.
4. MUTUAL RELEASE: Building Blocks Adoption Service, Inc. and Janet Ostrander do, hereby for themselves and for their heirs, executors, administrators, successors, assigns and any and all other persons, firms, employers, corporations, associations or partnerships, quit and forever discharge each other and its agents, servants, successors, heirs, executors, administrators, board of directors, employees, assigns and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of wages, expenses, hospital and medical expenses, loss of consortium, loss of service, travel expenses and any compensation whatsoever which the undersigned now has, have or which they may hereafter accrue in account of or in any way growing out of the rending of services for the international adoption by BBAS to Janet Ostrander.
The undersigned have read the foregoing agreement and fully understand the same and are executing this as their own voluntary free act and deed.
_______________________________________________ ___________________________________
Witness Building Blocks Adoption Services, Inc.
By Denise Hubbard, Executive Director
SWORN TO AND SUBSCRIBED in my presence by Denise Hubbard this ___ day of _______, 2005
_______________________________
NOTARY PUBLIC
___________________________________________ ______________________________
Witness Janet Ostrander
SWORN TO AND SUBSCRIBED in my presence by Janet Ostrander this ___ day of _______, 2005
________________________________
NOTARY PUBLIC
The most preposterous, onerous sentence is the request to have the complaints withdrawn from the Better Business Bureau and the ODJFS. How much did those complaints – on public record – hurt Building Blocks? How many lost clients had those complaints generated? How much in lost revenue?
You can better believe Janet Ostrander wasn’t retracting one sentence, one word, of what she had sent to the ODJFS and the Akron BBB. And you can believe because she has refused to sign this document, she has maintained her right to speak up. We are grateful to her for that.
March 21 we received the following from her:
Hi......hope all the birthdays went well......I've enclosed a letter I've drafted to marco. My atty said I needed to write the letter per myself to him...I am not retracting the bbb complaint. I just faxed the draft to my atty and once I get the ok I am sending. [same date as the letter]
3/21/2005
Janet Ostrander
[address]
Marco, Marco and Bailey
52 Public Square
Medina, Ohio 44256
Dear Mr. Marco,
I am in receipt of the “Release and Confidentiality Agreement” you have sent to my attorney XXXXX. As previously written and continually request the sum of $1,500 dollars from Building Blocks Adoption (BBAS).
In this “agreement” you are asking for me to sign in agreement this document as consideration for the promises and covenants contained. (#1). This is not acceptable. BBAS did not follow thru in giving any true and official referrals during the time in which I was signed up with them. BBAS misrepresented themselves during the course of my association with them.
You are requesting my silence in terms of how BBAS acted and treated myself during the course of my affiliation with them. Regarding (#2) This needs to be removed from this agreement. The ability for one to have free speech in our country is a given right and it is highly unreasonable for you to even suggest that the way in which BBAS has misrepresented themselves is something one would refrain from discussing or communicating in any fashion (verbal, written, via computer etc) with others publically. Any form of communication with others between myself and any other party is up to my discretion and of my choosing.
The complaints made to the Ohio Better Business Bureau regarding BBAS will remain and will not be stricken from the record as all information has been given in truth. Thus, item # 3 in this “agreement” needs to be removed.
Again, I am asking for the monetary amount of $1,500.00 to be refunded for services not rendered from Building Blocks Adoption located at 52 Public Square, Medina Ohio 44256. Your release and confidentiality agreement shall read that an adoption through BBAS did not occur and that the monies will be refunded within 7 days.
Janet Ostrander
Cc: [her attorney]
As of this writing, June 2005, Janet Ostrander has not received a response to her lack of not wanting to sign the document.
We will keep any and all abreast of the resolution of Janet’s ordeal with this adoption agency.
Janet Ostrander continues to wait for her refund – and raise her son. As she continues to wait for her refund she is raising her son and new baby daughter, adopted in December 2005. This led us to believe Janet had chosen to walk away from any possibility of a refund from Building Blocks. We thought that, since she was a very busy mom with two children, she let the matter rest.