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Home My WebLink About03-0743BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff V. JOANNA BORZA-DIMARIO 421 Allendale Way, Camp Hill PA 17011-8407 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ?q2 : CIVIL ACTION - LAW COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff Vo JOANNA BORZA-DIMARIO 421 Allendale Way, Camp Hill, PA Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. · CIVIL ACTION- LAW Complaint 1. The plaintiff is Bank of America, N.A. (USA) with place of business located at 4161 Piedmont Parkway, Greensboro, North Carolina. 2. The defendant is Joanna Borza-Dimado, who resides at 421 Allendale Way, Camp Hill, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card bearing account number 4356023000984728 for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. A tree and correct copy of the terms and conditions of the account is attached hereto and marked Exhibit A 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiff's credit cards. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit cards by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including late and/or finance charges. The balance due for the charges made by the defendant including any late or finance charges is $9,553.94. 6. Defendant did not pay the balance due upon receipt of the billing statements and is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $9,553.94, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys fees from defendant pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attomeys fees in the sum of $1,910.79. Wherefore, plaintiff demands judgment against the defendant in the sum of $9,553.94, attorneys fees in the sum of $1,910.79 and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. Attorney for plaintiff The law firm of Burton Neil & Associates is a debt collector. Verification '(Title or Position) for, Bank of America, N.A., the within Plaintiff in this action, and that the statements of fact made in the foregoing Complaint are true and correct to the best of the undersigned verifier's knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~ Date: ~/~~ Name Joanna Borza-Dimario 4356023000984728 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00743 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS DIMARIO JOANNA BORZA RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DIMARIO JOANNA BORZA the DEFENDANT , at 1810:00 HOURS, on the 27th day of February , 2003 at 421 ALLENDALE WAY CAMP HILL, PA 17011 by handing to JOANNE BORZA DIMARIO a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 11 04 00 10 00 00 39 04 Sworn and Subscribed to before me this ~ ~ day of VP~othonotary ~ So Answers: R. ~homas Kline 02/28/2003 BURTON NEIL By: BURTON NElL & ASSOCIATES, P.C. By Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA N.A. (USA) Plaintiff VS. JOANNA BORZA-D1MARIO Defendant IN THE COURT OF cOMMON PLEAS CUlvlBERLANT) cOUNTY, PENNSYLVANIA NO. 03-743 : CIVIL ACTION - LAW PRAECIPE TO SETTLE, END & DISCONTINUE TO THE PROTHONOTARY: Mark the above matter Settled, Ended and Discontinued. 17IL & ASSOCIATES, P.C. xey for Plaintiff 52410