Free Response to Motion - District Court of Colorado - Colorado

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

Document 345-37
Paul Ziemak 11/8/2005

Filed 02/16/2006

Page 1 of 4

Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CAMI LLE MELONAKI S - KURZ,

etc., et al.,

Plaintiffs,
vs.
HEARTLAND HOME FINANCE,

Case No. 03-CV-2485 (MSK/PAC)

INC. ,

Defendant.
THE DEPOSITION OF PAUL ZIEMAK TUESDAY, NOVEMBER 8, 2005

The videotaped deposi tion of PAUL ZIEMAK, called by the Plaintiffs for examination pursuant to the Federal Rules of Civil Procedure, taken before me, the undersigned, Darlene Vance, Registered Professional Reporter and Notary Public within and for the State of Ohio, taken at the

offices of Cady Reporting Services, 1225

I I lumina ting Building, Cleveland, Ohio, commencing
at 10:44 a.m., the day and date above set forth.

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

Document 345-37
Paul Ziemak 11/8/2005

Filed 02/16/2006

Page 2 of 4

Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

Page 26

1

something or talk to someone.

2 3
4

But, to me, the direct calls and the
Internet leads were ini tiated by the customer

and I always fel t they were more likely to want
to do something.
Q

5
6 7
8

Now, this telemarketing, this was not telemarketing that was done by you, it was done
by some other entity?

9

A

It was done by a company called Active Response

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12

Marketing.

I don't know if it's an arm's

length company or partial ownership.
related to Heartland.

It's

And they had a team of

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14

telemarketers who did produce a large number of

leads, and they were all across the spectrum
from poor credi t to people who had excellent
credi t and large houses.

15

16
17
18
Q

You had a good

sampling of society.

You talked about how you had a good head for

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numbers.
A

Tell me a little bit about your

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22

background, your educational background.

I have a BA in marketing from Case Western

Reserve.

I have taken some postgraduate
It's a

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24

courses in, actually, in anthropology.

personal interest.

I took some postgraduate

25

through the University of Nebraska, when I was

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

Document 345-37
Paul Ziemak 11/8/2005

Filed 02/16/2006

Page 3 of 4

Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

1

A
Q

Yes.
the whole process?

Page 28

2
3
4

In a sense, it's a value that you're adding to

A

Well, yeah, I'm -- I guess to put it bluntly, I
am the expert, they're the people who are

5
6
7
8

coming to an expert for help, and I'm giving

them the value added because they cannot do
this for themself.
Q

9

Now, the -- you said you had two managers, you

10 11
12 13 14
A

had Judy and Bill?
Judy was the manager, she was promoted to --

I'm not sure if it was senior vice president or

executi ve vice president.
MS. FISHER:

I don't recall.
Mr. Ziemak,

15

make sure you're listening to his question and

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17

only answering his question.
MR. CARR:

I'm going to

18

object to you interjecting to my testimony
my witness'

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it's not my witness, and he can

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testify and if I'm not happy with how he's
answering the question, I'll interj ect.

But I

don't want you to interrupt him when he's

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gi ving a response.

It's totally inappropriate.
I'll state

MS. FI SHER :
what I feel is needed.

25

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

Document 345-37
Paul Ziemak 11/8/2005

Filed 02/16/2006

Page 4 of 4

Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

Page 80

1

see the way the markets were going.
Q

2 3
4

When your customers came to you, is it fair to
say that there were three things that they were
-- you were looking to provide to them:

Cash

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6 7
8

flow, number one; or bigger savings, number
two; or a cash out, number three?
A

I suppose that's reasonable, but there were
people who might want to buy a house.
Tha t ' s

9

10 11
12

Q

another option. I think those are reasonable. Did you ever have any conversations wi th Craig

Casteline?
A

Yes, that's the man.

Okay, yes.

That's the

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name.

Go on.
MS. FISHER:

The last name

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that didn't come up earlier.
Q

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17

Craig Casteline.
Yes.

Okay.

So the Craig we were

talking about earlier is Craig Casteline?
A
Q

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19 20 21 22

Did you ever talk to anyone in payroll about

your hours or about your pay si tua tion?
A

Well, again, the name escapes me, but there was
lady in our office that assembled the pay
she e t s , i fIr e m e mb err i g h t .

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I can't remember
I may have

her name.

Long hair, glasses.

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asked her a question, something got turned in