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kevin_mccoy_citibank_lawsuit_default_credit_card
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SEIDBERG LAW OFFICES, P.C.
P.O. Box 7290
Phoenix, Arizona 85011
(602) 248—8117

Kenneth W. Seidberg, SBA #3690
Joseph L. Whipple, SBA #21391
Attorneys for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA AND FOR THE COUNTY OF MARICOPA

CITIBANK SOUTH DAKOTA, N.A.,

CV2004—012363

C O M P L A I N T

Plaintiff, VS.

KEVIN MCCOY and (Credit Card Account(s))

JANE DOE, Spouse

Defendants.

Plaintiff, CITIBANK SOUTH DAKOTA, N.A., alleges as follows:

1. Plaintiff, CITIBANK SOUTH DAKOTA, N.A., is national banking association based in South Dakota and the subject debt arises out of credit card transactions that occurred in the above captioned County/Precinct/State and/or the Defendant(s) reside(s) in said County/Precinct and State;

2. As of the date of this Complaint, Defendant(s) owe(s) Plaintiff the sum of $10,549.71(on one or more credit card accounts) plus 10% Arizona Statutory interest after Judgment pursuant to A.R 8 § 44—1201, and Plaintiff has applied any payments/credits previously received (see attached exhibits);

3. Plaintiff has made all demands and taken all actions necessary to nature and/or accelerate the obligation and Defendant(s) has(have) failed and refused to pay the amount alleged to be due and owing;

4. To the extent the Defendant(s) was (were) married during the times that purchases were made, Plaintiff alleges the debt to be both community and separate in nature. If the debt is solely a pre—marital one, the nondebtor Spouse is joined only as a necessary party pursuant to Arizona Law.

WHEREFORE, Plaintiff prays for Judgment against Defend— ant(s), both separately and as a community, if applicable, and each of them, for the amount stated above, plus interest, costs and such other relief as the Court deems just and proper.

DATED this 24—Jun—04.

SEIDBERG LAW OFFICES, P.C.

Joseph L. Whipple, SBA #21391

Citibank (South Dakota), NA.

Plaintiff, Vs AFFIDAVIT

Kevin McCoy

Defendant,

STATE OF MISSOURI )

COUNTY OF PLATFE

)

who is of lawful age, after first being duly sworn, deposes and says as follows:

Personally known to me. subscribed and sworn to before me, a notary pub’

Citicorp Credit Services, Inc. (USA), referred to as “CCSl/USA” herein, and the Plaintiff Citibank (South Dakota), NA. are both wholly owned subsidiaries of Citigroup, Inc. By contract, CCSl/USA has agreed to collect debt owed to Citibank (South Dakota), MA. on its credit card accounts.

By virtue of the described contract relationship and my employment, all information contained in and/or about delinquent Citibank (South Dakota), N.A. credit card accounts are made available to me for the purpose of collecting such delinquent debt, I have personal knowledge of all relevant financial and account information concerning Citibank (South Dakota), N.A. account number 5424180526703217 . which is made the subject of this lawsuit, including: the name and address of the debtor, the history of all charges representing loans, finance charges, fees imposed; payments made and credits received: the outstanding balance due; that Defendant did apply for and was issued that credit card account by Citibank (South Dakota). N.A.; that Defendant did thereafter use or authorize the use of the credit card account for the purpose of obtaining loans to purchase goods and services or cash advances; that Defendant has been provided monthly statements required by the Federal Truth in Lending Act describing the amount due; that Defendant did fail to make timely payments on the credit card account according to the terms of the card agreement and as requested on monthly statements of account; and that Defendant is presently in default of those terms By virtue of such default the entire balance of $10,549.71 on the account is presently due and owing.

Demand for payment of the balance owing was made more that thirty (30) days prior to making this affidavit, after which the attorneys representing Citibank (South Dakota). NA. were retained for the purpose of collecting the delinquent debt owed on the credit card account referenced above.

Exhibit A attached hereto is a hard copy print out of the financial information, including the balance owing, residing on the Citibank (South Dakota), NAA. computer system as of the date the account(s) was (were) referred for collection to the attorney maintaining this lawsuit. The balance owing on the date of referral has remained unchanged from and after that date,

The debt reflected on Exhibit A is delinquent, past due and remains due and owing. Plaintiff is the party and entity to whom the delinquent debt is owed. There are no set-offs, credits, or allowances due or to become due from the Plaintiff to the Defendant, other than those set forth herein or set forth on Exhibit A attached hereto.

Defendant has made no claim of being an active member in the military services of the United States or any state thereof. and to the best of my knowledge, the defendant is not an active member in military service. Nor has Defendant requested reduction of the interest rate on the account to six percent (6%) pursuant to the Soldiers and Sailors Civil Relief Act.

Affidavit

Attorney Management Specialist Title

r the state of Missouri, this A 5 day of Jun 04

CRYSTAL L. ALDRIDGE ;

Notary Public — Notary Seal AZ.3929.18

(SEAL) My Commission Expires:

State of Missouri Clinton County My Commission Expires February 18, 2005

‘ 06/21/04 510549.71. 59999.99 06/04/04 CITI CARDS P.0. BOX 6418 KEVIN MCCOY THE LAKES. NV ATTKV ACCOUNT-CODE=LB41 83901-6418 PMOENIX AZ 85029-2312000 A.

Citi” Dividend Platinum Select“ Card Cl ‘

AWN-fiber 5424 1805 2670 3217

Cusiomer 50m 1am cmm Line Available Cndh Llnl cash nuance LII-nit Molt-II: cm. Llnm new uni-nee

—800-925- 8871

1 514200 $0 53900 so 310549.71

a” “0° Statement] Amount 0m Puma/Any Mlnlmum

THE LAKES . IIV ciuin am “In Lin. Pm Du. Inlnulm Duo Amount iw-

09163-6000 05/26/2 04 0.00 31613.05 224.00 310549.71 SIB Dull Post Dd. Rullrllto lumblr Lemmy Slut! List Mint!“ Annunl

Please note mat payments must be received by 1:00 p.m.. local time, an a pank husmess day at the pa men; processing facfligy that handles your aymen 5. “I order to be credi ed to your account as uf that day, and Qayments must conform to

the payment instructions set forlh on the reverse side. All confqrmm; paymeMs received git the_ Eavmenl’ rocessmq facnity after that time will e crcdi ed as of the following hank buso9css

day.

Hel is available! Please call the tall-frce null or shown above m learn about pur special ayment o lions. Call uondav – Friday. 7 am to pin, nr‘ alums , 6 am 105 pm. Central Time. Please qwe us t e opportunity to assist you.

firm/mus 2+ Bureaus“ H Baymenf: {+5 METRE! 3:) pr Accu‘m Mm“ Balance 8- Advances 8. Credits CHARGE Balance PURCHASES $10.549.7l 0.00 0.00 0.00 510,549.71 ADVANCES $0.00 0.00 0.00 0.00 $0.00 TOTAL 510,549.71 0.00 0.00 0.00 510,549.71 Dix: This Bllllns Perlon: 29 Ba uric: 5:) no a Penn 1: Naming ANNUAL Rm 5mm” Finance Char e Rate APR PERCENT GE TE PURCHkSES Standard Purch $0.00 0.07668’M0) 27.9905 27.9905 Purcn/Adv thru 08/27/2003 50.00 D.07668%(0) 27.9901: {7.990% ADVANCES Standard Adv $0 .00 0.07668MD) 27 . 990% 27 . 990%

SITEzKC-CL TM:C0’5000 ACIlJzKCBTlSD

18:58:52:

I l

JACOB MARTINEZ Accounl 5491 1303 N80 3792 Nari! 8 – May1u,2m4

|n the return envelope. please:

1 Endoscyonrchusmr money order. lndude your account number and name on the from of your draw or money order.

Please, no cash or foreign currency.

2 Encloscynurpaymemmupm. Do not staple or tape it to your

payment. Insert the payment coupon so that the entire AT&T Universal Card address appears through the windaw of your remittance envelope.

Page 2 013 m1

‘ “’ SEIDBERG LAW OFFICES. P.C.

JOSEPH L. WHIPPLE. 5559

STATE Bar # 21391

2412 E. CAMPBELL AVE., SUITE 200

PHOENIX, AZ 85016 U 212 (602)248-3117

ATTORNEY FOR THE PLAINTIFF ‘

SEIDBERG LAW OFFICES. P.C.

ATTORNEY FOR THE PLAINTIFF ‘

IN THE SUPERIOR COURT FILED DE}, MARICOPA COUNTY, STATE OF ARIZONA

CITIBANK SOUTH DAKOTA, N.A., N0. CVZOO4—012363

ATTEMPTED SERVICE BY PRIVATE PERSON

PLAINTIFF vs

KEVIN MCCOY AND JANE DOE, SPOUSE ASSIGNED TO THE HONORABLE

JUDGE:

DEFENDANT

STATE OF ARIZONA ) 55. County of Maricopa )

The undersigned. being first duly sworn, states: 1. That I am fully qualified. pursuant to RCP 4(d). to serve process in this cause:

2. That on 06/28/2004 I received the following documents:

a) SUMMONS 8 COMPLAINT b) CERTIFICATE 0N COMPULSORY ARBITRATION c)

Track Down, Inc. CTTent ID NO….: 4-1830 PO Box 56846 Field Report No_: 4062376 (v2.12)

Phoenix, AZ 85079-6846 (602) 252-8521

U

3. That the person served does not have any military obligations, except as noted below.

4. That if this is an affidavit of posting of a trustee’s sale, a due and diligent effort to ascertain whether or not trustors are affiliated with the military service was done, and no one could be found at the posting location who had knowledge of the trustors except as noted below.

5. That I personally served copies of the above documents, on the person at the time, piace and manner as follows:

ATTEMPTED SERVICE UPON KEVIN MCCOY, AT 3219 WEST CHARTER OAK ROAD, PHOENIX, ARIZONA, 35029. SERVICE HAS ATTEMPTED HERE ON 6/29 AT 8:05 A.M., 7/3 AT 7:50 A.M., 7/A AT 5:10 P.M., 7/5 AT 8:25 P.M. AND ON 7/7 AT 5:20 A.M.

THE DEFENDANT IS AVOIDING. DURING THESE ATTEMPTS I COULD HEAR ACTIVITY INSIDE THE RESIDENCE BUT NO ONE WOULD OPEN THE DOOR. PER THE MARICOPA COUNTY ASSESSOR’S OFFICE AND PER THE COLE’S DIRECTORY THE DEFENDANT RESIDES HERE. I SUGGEST ALTERNATIVE SERVICE IN ACCORDANCE WITH RCP 4.1(m), BE CONSIDERED.

0 Document(s) I certify under penalty of perjury that served: 3 0.00 the foregoing is true and correct.

0 U/G(s) Executed on: served: 0.00 Monday the 12th Day of Ju1y, 2004

O SaTes Notices

posted: 0.00 16 Miies: 38.40 7% Min. Miies Tota’l 0.00 _________ _ : _______________________ -_

Document Prep. Fee 8.00 Leonard P. LoBreglio

Witness Fee 0.00 Registered in Maricopa Fiiing Fee 0.00 Additional Cost 0.00 0.00 Track Down, Inc. 0.00 PO Box 56846 Phoenix, AZ 85079-6846 TOTAL 3 46.40 (602) 252-8521

4062376 (v2.12)

mum in JEAEEE. ELEM»

VED €010 SEIDBERG LAW OFFICES, P.C. “€332ng {Isms-HORY P.O. Box 7290 ‘ _ 0 Phoenix, Arizona 85011 mqu -h PH 2-0 (602) 248—8117 ‘ . BLED Kenneth W. Seidberg, SBA #3690 BY3HOPKDm DE?

Joseph L. Whipple, SBA #21391 Attorneys for Plaintiff

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA

CITIBANK SOUTH DAKOTA NA, ‘ CAUSE NO: CV2004-012363

Plaintiff, MOTION TO ALLOW SERVICE UNDER ARIZONA RULES OF CIVIL PROCEDURE 4.1(M)

AND ORDER

VS

KEVIN MCCOY and JANE DOE, Spouse

Defendant(s).

COMES NOW the undersigned attorney for Plaintiff and respectfully moves this Court for its order allowing service of the Summons and Complaint in the above entitled matter upon Defendant(s), KEVIN MCCOY and JANE DOE, Spouse by posting the summons and complaint on the doorstep of the residence located at the address set forth below, and by mailing a copy of same to the Defendant(s) at the same address. The basis for this is more fully set forth in the attached Memorandum of Points and Authorities. Debtors‘ Address:

3219 W Charter Oak Rd Phoenix Arizona 85029—2312

RESPECTFULLY SUBMITTED this Q day of , 2093/

SEIDBERG LAW OFFICES, P.C.

Josep L. Whipple, SBA #21391 Attorney for Plaintiff