Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 345-41

Filed 02/16/2006

Page 1 of 3

EXHIBIT F

Case 1:03-cv-02485-MSK-PAC

Document 345-41

Filed 02/16/2006

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT 011' COLORADO MAGISTRATE JUDGE PATRlCIA A. COAN

Civil Action No. 03-MK-2485 (PAC)

CAMILLE MELONAKIS-KURZ, et aL.
Plaintift~s),

v. HEARTLAND HOME FINANCE, INC.,
Defendant.

Affrmation Under Oath of Alexandra Cummings
Comes now, Alexandra Cummings, who states and affirms as follows:

1. I am over 18 years of age, and competent to testify as to the matters contained herein.

2. I was employed as a loan officer (not a "senior loan officer") by Heartland Home

Finance, Inc., ("HHF" or "the Company") from approximately October 27, 2003, until
approximately January 26, 2004. Frank McGraw was my supervisor.
3. I originally signed up for this lawsuit against HHF because different people said, "go

ahead" and "you have nothing to lose." There were a lot of people who weren't very

successful, and didn't make very much money working for HHF, that were enthusiastic
about this lawsuit.
4. I never worked any overtime during my employment at the HHF. I was a student going

to school, and so my hours were no more than forty hours per week.

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Case 1:03-cv-02485-MSK-PAC

Document 345-41

Filed 02/16/2006

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5. I am involved in other employment opportunities at this time, and so I decided to opt-out
of this lawsuit in October of 2004.

6. While a loan officer at HHF, I always tried to put together the best deal for my
customers, and this required a lot of thought and analysis. I decided when to go to my
branch manager to approve a deal I had put together.

I AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE FOREGOING
F ACTS ARE TRUE AND ACCURATE.

Date: /~ 0 ()Ò~

~~

Ale andra Cummings /

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