Free Brief in Support of Motion - District Court of Colorado - Colorado

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

Document 339-15
Sharon Fleck 1118/2005

Filed 01/31/2006

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Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CAMILLE MELONAKIS-KURZ, ) etc., et ai', )
)

t~r?1t
SHARON FLECK DEPOSITION INDEX
EXAMINATION BY:
MS HUFF

Plaintiffs, )

vs. ) (MSKIPAC)

) Case No. 03-CV-2485

INC., )
Defendant.

)

HEARTLAND HOME FINANCE, )

PAGE NO.

THE DEPÖSITION OF SHARON FLECK TUESDAY, NOVEMBER 8,2005

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The videotaped deposition of SHARON FLECK, called by the Defendant for examination pursuant to the Federal Rules of Civil Procedure, taken before

EXHIBIT NO.

PAGE NO.

me, the undersigned, Darlene Vance, Registered
Professional Reporter and Notary Public within and for the State of Ohio, taken at the offces of Cady

24
2

43 45
86
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Reporting Services, Inc., 1225 Illuminating Building, Cleveland, Ohio, commencing at 1:23 p.m.,

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the day and date above set forth.

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APPEARANCES:

1 SHARON FLECK
2 of lawful age, called by the Defendants for

3 examination pursuant to the Federal Rules of Civil 4 Procedure, having been first duly sworn, as
On behalf of the Plaintiffs:
5 hereinafter certified, was examined and testified

6 as follows:

Michele R. Fisher, Esq.
Nichols, Kaster & Anderson, PLLP 4644 IDS Center Minneapolis, Minnesota 55402-2242

7 EXAMINATION OF SHARON FLECK
B BY MS. HUFF:

9 VIDEO TECHNICIAN: We're on the
10 record at 1 :23:1 O.

11 Q Hi. 12 A Hi.
On behalf of the Defendants:
Eileen P. Huff, Esq. David J. Carr, Esq Ice Miller
. One American Square, Box 82001

13 Q Can you please state your name for the record?

14 A Sharon R. Fleck.
15 Q Sharon, my name is Eileen Huff, and we're here 16 today for purposes of taking your deposition.
17 Have you ever been deposed before?

18 A No.

Indianapolis, Indiana 46282-0200

19 Q Do you understand the purpose of the oath that 20 you just received?
21 A Yes. 22 Q The purpose of today's deposition is that I'm

ALSO PRESENT:

23 going to ask you a series of questions and to
Greg Erickson, Videographer
Don Flynn

24 which you'll respond. We have a court reporter 25 recording everything that we say, so it's

1 (Pages 1 to 4)

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

Document 339-15
Sharon Fleck 11/812005

Filed 01/31/2006

Page 2 of 2

Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
Page 81

Page 83

4 Q Were you ever able to save a loan after it had 4

5 been denied? 5

nest 2 3 part of the job. 3
2 did not get the loan. It's not the fun

1 A Call the borrowers and tell them, I'm sorry you 1

assessment? A I didn't know most of them, so I can't make
that decision, call.
Q Do you think you were fairly treated by the

company?
general, no.

6 A If it was not from Heartland -- well, you see, 6 A No, in general. By people, yes; but in
7 if it was denied from Heartland, I'd take it 7

8 somewhere else. No, there were some loans that 8
9 can't be saved. Something comes up in the loan 9

Q Why not?

A Well, I felt that we put in a lot of hours. I
felt that -- I just really didn't feel

11 the loan to not be a loan. 11

10 process that you were unaware of that causes 10

like the

12 Q What type of manager was Eric? 12
13 A Eric was n he was a good guy. He was a good 13

compensation was as good as it could have been for some people who were working very hard. They had opportunities to make people see loan
officers and didn't, even if they were only missing it by a few hundred dollars. They just -- I don't know. I think it took away from management's override, so he was -- you know, I feel if you see someone is working hard, you should make the effort to make them happy. Because you don't want to see that person

14 kid. He was young. I saw him as a kid. But 14
15 he was good. He kept the guys in line, and did 15 16 his job. Came in Monday through Friday. Had 16

17 good pep talks, reamed us out once in a while. 17

18 A 19basic manager. I didn't have anything 18 against Eric. 19
20 Q Did you feel

21 questions that you had? 21

like you could go to him with any 20

leave, because they are, in fact, feeding you.
And if you're not, then chances are you're not appreciating what they're doing; and, in fact, that's why I was only there nine months. Q Where do you work now?
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22 A Yeah, I could go pretty much go to anybody for 22

25 Q Did you have a lot of questions? 25
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23 any question that I had. i didn't let it get 23 24 in my way, any type of personal anything. 24

1 A No, I didn't. I didn't. I kind of stayed to
2 myself. I came in, did my job, and went home.

1 A American Nationwide Mortgage.

3 You know, tried.

4 Q Did you get a lot of oversight from Eric of 5 your loans?
6 A Like what?

2 Q Is that where you went when you left? 3 A Yes. 4 Q And what do you do for American Nationwide
5 Insurance -- Mortgage?

6 MS. FISHER: Objection,
7 relevance. 8 A Mortgage you mean?

7 Q His reviewing any of your packages, him telling

8 you -9 A No. 10 Q No?

9 Q Yes.

10 A I'm a loan officer.
11 Q Are you required to keep track of your hours?

11 A Uh-uh. i mean, we'd find problems while it was

12 in processing.
13 Q Did Eric ever reverse any of the decisions that 14 you made?

12 MS. FISHER: Objection,
13 relevance. You can go ahead and answer.

15 A I don't remember him doing that, no.
16 Q Are you in contact with anybody at Heartland

14 A Well, I was the branch owner, so _. and I'm .. 15 I was the only employee up until recently, no.
16 Q You're no longer the branch offcer?

17 Homes now?

17 A Yes, I am.
18 Q Do you presently keep track of your hours?

18 A That are working there presently?
19 Q Um-hum.

19 MS. FISHER: Objection,

20 A No. Everybody that I knew is now gone.
21 Q While you were working there, did you feel that 22 the people that you were generally interactive
23 with were honest?

20 relevance.
21 A They just instated it two weeks ago that they
22 wanted us to start keeping track of our own 23 hours, but I only pay myself. I'm a franchise. 24 Nobody pays me. I don't get paid. I pay

24 A I didn't know most of them.
25 Q So is that no, or you just didn't make an

25 myself, so ..

21 (Pages 81 to 84)