AMERICAN ARBITRATION ASSOCIATION

Case Number: 01-15-0003-2542

CITIBANK, N.A.,
Claimant,
v.
PATRICIA A. FEELEY
Respondent.
____________________/
RESPONSE TO STATEMENT OF CLAIM

Preface
Respondent, Patricia Feeley, has recently suffered medical conditions involving
brain injury. Nevertheless, at this time she has resumed work as a nurse and is
highly functional and able to assist counsel in this matter. Nevertheless, she
cannot recall much about the underlying billings and accounts in this case.
Counsel respectfully represents that at the time he was initially asked to look at
this matter several years ago, Ms. Feeley did not recall this account or any
dealings in her own name with Citibank South Dakota, N.A., the original named
plaintiff in the circuit court civil action from which this arbitration was referred.

In reviewing the original civil action and all the paperwork that was filed through
the time the undersigned entered the case, there was absolutely nothing showing
any agreement or account between Citibank South Dakota, N.A., and Patricia
Feeley. Instead, there were a series of checks written to AT&T by Patricia
Feeleys late mother, Mary Sullivan. Citibank South Dakota, N.A., claimed that

these checks were on an account that was governed by a contract which it

attached to the complaint.

The contract attached to the complaint, however, failed to show that Patricia
Feeley signed it or was in any way a party to it. And, as it named Citibank South
Dakota, N.A., as the lender, the most obvious question to be resolved was how
did Citibank South Dakota, N.A., believe it was entitled to receive payments on
an AT&T credit card.

Finally, Mary R. Sullivan, who died in 2007, had suffered a series of what has
been termed mini-strokes beginning some time in early 2000 through 2003. It is
respectfully submitted that from this time on, Mary began a gradual and
unnoticed slide into senility.

During the early onset of her condition, she acted independently and was
handling her own checks, bank accounts and perhaps credit cards. Her mental
condition certainly may have been involved with her obtaining and using an AT&T
credit card. In those days, pre-approved cards of all sorts were commonly
pushed out through the mails.

What Patricia Feeley does know about those early days is that she did not herself
reach out to Citibank South Dakota, N.A., nor others for an open line of credit

card such as what apparently this account was. In any event, without a full audit
of the charges alleged, it is impossible to know the nature and extent of the
account in questionparticularly as more recent filings in court by the plaintiff
showed several very large transactionssome being balance transferswhich
Patricia Feeley knows nothing about.

CITIBANK, N.A., FAILURE TO STATE A CLAIM

The Complaint filed in Circuit Court failed to attach the entirety of the operative
contract between the parties as required by Florida Rule of Civil Procedure
1.130(a).
1. The Complaint does attach documents indicating that AT&T may have had
a credit card agreement with Ms. Feeley in that mailings with AT&Ts
name on are attached to the complaint, but nothing showing Patricia
Feeley signing or agreeing to any of the terms contained in the contract
attached nor is there any way to tell whether the attached contract was in
fact in existence at the time of the alleged lending agreement.
2. Exhibits attached to a pleading become a part of the pleading for all
purposes; and if an attached document negates the plaintiffs cause of
action, the plain language of the document will control and may be the
basis for a motion to dismiss. Health Application Systems, Inc. V. Hartford
Life, 381 So. 2d 297 (Fla. 1DCA 1980), Affordable Homes, Inc. v Devils
Run, Ltd, 408 So. 2d 679, 680 (Fla. 1 DCA 1982) (finding a pleading
objectionable where its allegations are inconsistent with those of an
attached exhibit.). In this case, plaintiff alleges and account stated that
shows nothing to indicate that Citibank, N.A., was ever having business
with Patricia Feeley.
3. That Citibank, N.A., may now somehow be in privity with Patricia Feeley
has not been shown by any pleading in Court or in this arbitration.
4. If Citibank, N.A. received an assignment of the alleged contractual rights
from the AT&T Mastercard, since it has never plead how it might have
come to own these rights to date, the rights of the parties cannot readily
be determined.

Unjust Enrichment:
5. Pursuant to Florida R. Civ. P. 1.130, the Complaint attached documents
indicating that the parties entered into written, express agreements with
the Plaintiffs.
6. Exhibits attached to a pleading become a part of the pleading for all
purposes; and if an attached document negates the plaintiffs cause of
action, the plain language of the document will control and may be the
basis for a motion to dismiss. Health Application Systems, Inc. V. Hartford
Life, 381 So. 2d 297 (Fla. 1DCA 1980), Affordable Homes, Inc. v Devils
Run, Ltd, 408 So. 2d 679, 680 (Fla. 1 DCA 1982) (finding a pleading
objectionable where its allegations are inconsistent with those of an
attached exhibit.).
7. The action for unjust enrichment fails to state a cause of action where it
affirmatively shows that an express contract exists: Williams v. Bear
Stearns & Co., 725 So.2d 397, 400 (Fla. 5th DCA1998), review denied
737 So.2d 500.
Account Stated:
8. It is axiomatic that in order to allege an action for an account stated, the
Plaintiffs must have stated the account.
7. In this action, there all the statements of account allegedly sent to Patricia
Feeley are from someone other than Citibank, N.A. and, so there and no
allegation that the action is based on a sum certain that she ever agreed
to pay to the plaintiff.

CONCLUSION

Patricia Feeley denies ever having anything to do with Citibank in connection

with the alleged account stated. Nothing provided to this point has been
anything other than unsubstantiated hearsay as no one with any personal
knowledge of the alleged account or the record keeping thereupon has come
forward to this date to say under oath sufficient to support a summary
judgment that Patricia Feeley ever opened this account, asked for it to be
opened or used it herself in any way.

Wherefore it is respectfully submitted that the Claimants claim in arbitration

should be dismissed.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served to Mairim
A. Morales, 10967 Lake Underhill Road, Unit 125, Orlando, FL 32825;
eservice@patrickacareypa.com August 11, 2015.

Tim Morell, FBN 382885

PO Box 2811, Palm Beach
Fl. 33480; e-filing/service:
Tim@TimMorell.com
Ph: 561-329-4000/fax 561-4224207