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EXHIBIT 99.4
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, STATE OF FLORIDA
CIVIL DIVISION
JOSEPH THACKER a/k/a Joe
Thacker, Jr.,
Plaintiff,
Case No.
vs.
UNITED STATES
TELECOMMUNICATIONS, INC.
Defendant,
_________________________/
VERIFIED COMPLAINT
Plaintiff, Joseph Thacker a/k/a Joe Thacker, Jr. ("Thacker"), sues
United States Telecommunications, Inc. ("UST"), who may be sometimes referred
to herein as the "Borrower," and alleges:
PARTIES, JURISDICTION, AND VENUE
1. UST is a Florida corporation which maintains an office and
conducts business in Pinellas County, Florida. It is in the business of
providing residential telephone service in over nineteen states and is licensed
as a public utility to provide such service in twenty-six states.
2. Thacker is an individual residing in Washington County,
Anton, Colorado, and is currently or was at all material times, a shareholder
in UST.
3. This Complaint states a cause of action wherein the amount in
controversy exceeds $15,000, exclusive of interest, costs, and attorneys' fees.
Accordingly, this Court possesses jurisdiction over this action pursuant to
Florida Statutes Sec. 26.012(2), and other applicable law.
4. With respect to the cause of action set forth in this
Complaint, this action is properly brought before this Court pursuant to
Florida Statutes Secs. 47.011, 47.061, and other applicable law.
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SUBSTANTIVE ALLEGATIONS
5. On September 22, 1998, the Borrower executed and delivered to
Thacker a certain agreement (the "Note"), in the original principal amount of
$150,000, thus creating an obligation of the Borrower to Thacker (the
"Obligation"). A copy of the Note is attached hereto as Exhibit "A."
6. On September 28, 2000, and following the maturity of the Note
on its own terms, the Borrower defaulted pursuant to the terms and provisions
of the Note by failing to pay the Obligation in full, plus interest accrued
from the date of execution to the maturity date.
7. As a result of the aforementioned default, Thacker has deemed
himself insecure, accelerated all sums due and owing as part of the Obligation,
and hereby demands payment of the Obligation.
8. As of September 28, 2000, the Obligation was in the principal
amount of $150,000, with interest in the aggregate amount of $31,500, for a
total of $181,500. Additionally, interest on the principal amount of the
Obligation accrues at a daily non-default rate of ten (10%) percent, or $41.10
per day.
9. Thacker owns and holds the Note.
10. The Obligation additionally includes the Borrower's
obligation to reimburse and compensate Thacker for attorneys' fees, court
costs, and related expenses incurred as a result of the Borrower's failure to
fulfill its obligation to Thacker pursuant to the Note.
11. This is an action for damages resulting from the Borrower's
default pursuant to the terms of the Note.
12. All requirements and conditions precedent to bringing this
action have been satisfied, performed, or waived by Thacker or the Borrower.
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WHEREFORE, Thacker requests judgement in his favor and against the
Borrower, for damages upon the aforementioned default in the Obligation, as well
as interest, court costs, and reasonable attorneys' fees, and related expenses,
and for any other or additional relief as this Court determines to be necessary
and appropriate.
Dated this 20th day of September, 2000.
/s/ Lara R. Fernanadez
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JOHN A. ANTHONY, ESQUIRE
Florida Bar Number: 0731013
Gray, Harris, Robinson, Shackleford, Farrior,
Attorneys At Law
Post Office Box 3324
Tampa, Florida 33601
Telephono: 813/273-5000
Facsimile: 813/273-5145
Attorneys for Joseph Thacker
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VERIFICATION
STATE OF COLORADO
COUNTY OF WASHINGTON
I, JOSEPH THACKER, hereby declare under penalty of perjury under the
laws of the United States that the information contained in the Verified
Complaint is true and correct, provided that this declaration does not extend to
paragraphs that contain analysis of Florida law governing the merits of the
Verified Complaint about which I am unqualified to opine because I am not a
member of The Florida Bar.
ORIGINAL SIGNATURE ON FILE WITH COURT
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JOSEPH THACKER
STATE OF COLORADO
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me, this 28th day of
September, 2000, by Joseph Thacker. Mr. Thacker is personally known to me, or
produced ______________________ as identification.
Original Signature On File With Court
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print name
--------------------------
Notary Public, State at Large
(commission number and expiration
date)
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AGREEMENT
This Agreement is made between United States Telecommunications, Inc.
(Tel) and Joseph Thacker (Thacker)
Whereas: Tel desires to borrow One Hundred Fifty Thousand ($150,000)
Dollars from Thacker, and:
Whereas: Thacker agrees to loan Tel One Hundred Fifty Thousand ($150,000)
Dollars total, and:
Whereas: The consideration for said loan shall be a full repayment to
Thacker of said One Hundred Fifty Thousand ($150,000) Dollars, to United States
Telecommunications, Inc. Said loan shall be due and payable in full, at ten
(10%) percent APR, not later than September 28, 2000.
Whereas: Facsimile signatures are deemed as original for the purpose of
this document.
This Note evidences the obligation of the Maker and its successors
in interest to Easy Cellular, Inc., and its successors in interest pursuant to
that certain Joint Venture Agreement entered into between Tel Com Plus
California, LLC and Easy Cellular, Inc., dated as of July 24, 1997. United
States Telecommunications, Inc., is the successors in interest to Tel Com Plus
California, LLC and Richard Pollara is the successor in interest to Easy
Cellular, Inc.
Agreed upon this 22nd Day of September, 1998
/s/ Joseph Thacker /s/ Richard Pollara
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Joseph Thacker Richard Pollara
President of
United States Telecommunications, Inc.
