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PATRICK F. J.AIIt:R. In
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21lJH M.,}.cl Sited
A1IC:L' Itulllhn't
Camp 11111. 1'.\ 17U II
(717) 76.1.IHIJIJ
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BENEFICIAL CONSUMER DISCOUNT
COMPANY,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-6760
vs.
DONNA B. OWENSBY and
CHARLES R. OWENSBY,
Defendants
CIVIL ACTION - LAW
IN REPLEVIN
AMENDED COMPLAINT
1. Plaintiff is Benef icial Consumer Discount Company
(Beneficial) with a place of business at 1 South Hanover Street,
Carlisle, PA,
2. Defendants are Donna B. Owensby and Charles R. Owensby, a
adult individuals, who reside at 26 Rays Drive, Newville, PA.
3. On June 3, 1992, by a written agreement, attached hereto as
Exhibit "A", plaintiff loaned to defendants $4.404.50, to be repaid in
36 monthly payments of $175.00 each, including interest. with the first
payment due on July 8, 1992 and monthly thereafter until said loan was
fully paid.
4. Defendants defaulted in their payment due August 8, 1994 for
$175.00 and have remained in default ever since, although they
subsequently made the aforesaid August, 1994 payment on October 27, 1994
and still thereafter made the September 8, 1994 payment on October 27,
1994. Defendants have made no other payments.
5. The total amount due and owing under the contraot is
$3,247.22. A complete account history is attached hereto as Exhibit
UB".
6. Due to the aforesaid delinquency, the notices attached hersto
as Exhibit "C" were sent to them by certified mail.
7. As security for the loan, defendants gave to Beneficial an
encumbrance on their 1979 Layton mobile home, VIN 03l00541M. (See
Exhibit "0" for a copy of the title, showing said encumbrance and
describing the security).
- welcome to r\~\Beneficial~
lfAII BORROWER: Please reed this lorm and ask us any qU<l8Uons you may hava, In Ihls lorm we are uslno the words I, '01 Ind ,0.,10 mean ill pdOIlIllgnlnO
t!!..l.2!n Aar"101ar.III8CUon as a Borrowsr. The words WI II and olr refsr to Beneficial, tha Creditor.
Dlsclo~ure of Credit Costs IIemlzaUon uf tha AMOUNT FINANCEO 01 $ 4404.50
$ 60. 72 Amounl Given to you dlracUy by us (Ch<<Ir tJ)W)
$ 3569,51 Amount paid on yotir account
(NBI fhIiJllU-Prtot kwln)
774 . 2 7 Amount paid to othera on your beheW
(Sum Of'''''' A ~ G b_)
A. Schedule A Subtotal $ none
8. LWa Insulunce Cost paid to Insprance
company $
C. Disability IlIsuranca Cost paid 10
Insuranca company $
D. Personal Property Insurance Premium
paid 10 Insurance company $
E, Involuntary Unemploymsnllnsurance
, Premium paid 10 Insllrance company $ 264,60
F, Schedula 8 Tutal $ 1U. 00 .
Q, Schedule C Tolal $ non..
$ 100.00 Prepaid Finance Charoe
Crod~or:
$
BENEFICIAL CONSUMER DISCOUNT COMPANY
1 S HANOVER ST
CARUSLE PA 17013
152,46
270.27
Phone Number: (717)249-1515
76.94
Accounl Number: 50621651
I You, Name and Mailing Add,... I
i Residence Addr... If not the "1118 .
OWENSBY"DONNA B,CHARLES R
26 rIA YB DRIVE
NEWVILlE,PA, 17241
Ollie of loan
U6~ 1.\/92
1st Dua Dala
07JU8192
Final Due Dale Monlh Instala,
OMllI195, 5175,00
To be paid In All Monlhly Inslalmenls ara dua on Ihe IIIIlI
36 Mo. IlIslalrrnmts day 01 the mOllth as II,. lsl Dua OIla.
FINANCE CHARGE: Tha amount the credll will Co';1 yuu, W you pay as .
scheduled. S
1895.50
ANNUAL PERCENTAGE RATE: The cost of your crlllll ss a YII/Iy rill.
24,95 'jf,
AMOUNT FINANCED: Tha amounl 01 credit provided 10 you or on your behall.
54404,50
TOTAL OF PAYMENTS: Tha emount you will pay, W you pay ss scheduled.
S6JOO.UO
Clldlt IllIIalel: Cradll IIfa, cradlt disability, snd crsdlt Invululltary unamploymentlnsursnca sra not required to obtain credlllnsurance will not be provided unle8a
you aoree 10 pay tha addlllonal coal by slonlno below, CREDIT INSURANCE
ypa Cost.
, LWs 0 Slnole 00 Joint $ 152,46
Disability $ 270.27
Involuntary Unemploymsnl $ 264,60
S onalure
Jolnt Life
See Cosl Abovs
Alonoslda L~a
001 wanl Joint L~e Insurance
o I do not want L~e Insuranca
o I do not want Disability Insurance
o I do not want Involuntary
Unemploymant Insurance
a, I/fIIIIIf/ IItf..., I COIIIr.-IIII 601.
__... CIlIfIC/.
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CU~;t. C>...,....,~~
S Ilomlw,,', SlfI/laluf. 'lif CiIb/.)
o I want Slnola L~s Insurance
o I want Slnola Lns and Slnola Disability IlIsuranca
o I walll Jolnl L~s Insurance
IXII want Jolntl~e and Slnole Disability Insurance
o I want Involuntary Unamploymsnllnsurance
Propenv I.urll..: You may oblaln proparty Insural'" from anyonayouwanL ~ you oblaln the Insulancsthrouoh us, VOU will pay th. Perean.1 Property Ineuranc.
Premium of $ 76,94 __'
Prapay.ell: If you pay nff sarty, you may be enliU,.d 10 a rafund 01 pa~ oltha FI.llel nllg., . .
Latl ebarg': If your payment Is late (not paid within 10 days aftsr Iha due dais), you will be chargsd . late Charoe unless thaInstalmenlIs emnded, Tha Late
Charoe Is calculated by multiplylno Iho unpsld amounl of the paymenl by .0005% (based on ths rate 011.50% per month divided by 30 daysl for
aach day Irom the due dala to ths dale you pay the lull paymanL Minimum Late Charoa - $1.00, '.
Semlly: Your loan Is ~ securad 0 unsacured, ~ secured, you are olvlno us a sacurlty Intsr85lll1:
o Molor Vehicle rn Carlaln Household IIsms
o Property purchasad with procesds of this loan (desalJe):
o Your real property - 0 Flrsl MOrlgaoe 0 Second MOrloags'
Yuur lIamlIation of the Amount Flnancsd Is showlI above,
See your Loan Agrasmenllor any additional Information about nonpaymen~ delaulland any required Iepaymenlln lull beloratha achedulsd dale and prepayment
refunds,
CE 364. PA.35 (31921
Paoelol4.
EXHIl3ff "A"
!lam" uI Bo"owel: OWENSBV"OONNA B,CHAAlE9 A
Accounl No,: 5Oe21861
Su lement - ltemlzaUon 01 Amount Financed
SCHEOUL E A
k t
To: .
~: .
~: .
~: .
To: .
k .
To: .
Termination Statement FH (Mull) ...........,..
Rec:OIdlng FH . Mortgage Suilsfacllon (future~ . . , . , .
Schedule A Sublotal .
C~k To You. .. , , . . . , . , . . ,'. , . .. . . . . . . , , . .
Schedule A Total .
SCHEll\JLE e
PERSONAL PAQPERTYFEES
Non.Flllng Insuranes Prsmlum , . , , . , . . . . , . . . . . . . .
Financing Stalsment FH, , . . . , , . . . , , . .. . . . . . . ..
Termlnadon Slalement FH (presanll . . , , , . , . , , , . . . '-
TIUt Trans'er FHa. , , . . , . , .. . , . . . . . .. , , , . , . . .
~hedult S Total .
10.00
none
none
nnn~
10.00
nnnp
SCHEDULE C
REAL PROPEATY FEES
Aec:ordlng FH' Mongags.. , , , , . . . . , .. , , . , . . , , .
AecOIdlng Fee . Mortgsge SaUslacllon (prlllnl), , . , , , .
Olllsr (Specify) .
Schedult C Total .
none
none
none
60.n
60.72
LOAN AGREEMENT
$ 4404,60 Amoum Financed plu.
$ 100.00 Service Charge plu.
$ 1795.60 DJacounl .qua/.
$ '6300,00 TOTAL OF PAYMENTS
23,27 '" per year - Aale of Charge
PROMI8E TO PAY: You promlss to pay U9 the Total of Payments shown above, You will pay the Monthly Instalmsnt on the 1 st Due Date and on
Ihe same day of every month through the Final Due Date,
DISCOUNT: The Discount shown abovo Is figured on the Total of Paymsnts at the Discount Rats shown below. We have calculated the Discount 81
Ihal Discount Rate for tha period belwoen the date the Discount starts to become due and the Final Due Date even though this loan Is payable In
Inslalments. The Discount thellls deducted from the Total of Payments,
Ths Discount Rats Is $ 9.50 per $100 per year for the first 4S months and $6,00 per $100 per yoar for the remaining term of loan.
. '
SERVICE CHARGE: The nonrefundable Service Charge Is calculated on tha Total of Payments at the rate of $1,00 for each $50 or part 01 $SO of
the Total of Payments up to a maximum of $100,00.
EXTENSION: An extension arlsss Irom a writlen agroemsnt, other than this AgreemenL to posIpons one or more scheduled Instalmenl'llo the end
01 this Agloemsnt. The Final Due Date, as originally scheduled (III the case 01 the first extension) or as previously extended (In the case of all extensions
other than the first extension), Is ths snd of this Agroemsnt.
II you and wr. agres in wr~lng to extend ono or mors Instalments and you do n01lntend to make up any missed Instalmonls In \he meantime, we
'Hill charge Y' 'I all ['((elision Foe equal to the sum of the wholly unpaid Instalmsnts remeinlng In the conlracltsrm multiplied by 1 WI!.. At \he lime
01 any exten', III, 1111I Final Dus Date, as originally schedu;ed or as extsnded, shall be set ahead one month lor each extended Instalment.
II Gn Install.' ,II rem,!lns wholly unpaid lor 60 days or moro after lis due date, we may extend thaI Instalment to \he end of lhls Agreement, wlthoul
your Con~I' ' If ws do so, ws will charge and collset an Extension Foe for such extended Instalment. Wa will deduct the Extension Foe from your
next payn"... Itowsver,lf you pay us all of the Instalments In dslaull, we will,not, without your wrlllsn conssnt, collset Extension Foes, We will not
charge YOl. an Extension Foe and a Lals Charge for the lll!me late Instalment. . ..
LATE CHARGE: We will charge you s Late Charge If you do not pay the full amount of an Instelmant within 10 dB'/S after lis due date end the Instalment
IS not e.'((ondsd, The Lale Charge Is calculsted on Ihe unpaid emount 01 the Instalment at the daily rets of .0005% (based on the rata of 1,50% per
month being divided by 30) lor each day the Instalment remains unpaid. The minimum Late Charge Is $1,00,
CE 364 PA.35 (31921
Page 2 of 4
EXH\Brr "A"
N."",. ul &ir~w.,: OWENSBV"OONNA a,CHARLES R
Account No,: &0821651
PAYMENT IN ADVANCE: You may prapay the amount you owe In tull or In part at any time, If you prspay the loan In lull before the Final Due Date
1)1 any oxtended final due date, we will nss the Ruls of 78ths Method to calculale your credrt for ths ullsarned Discount We wUl calculate your credil
,IS of Ihe next instalment due dale that follows the date 01 prepayment. If you prepay the loan during an oxtellslon period, we will give you an additional
crsUlt for the unearned Extension Fee.
ADVANCES UNDER MORTGAGE: If we make payment lor taxes, assessments, water or other charges or Insurance premiums and you do not repay
us at ones, we may requlrs you to pay Interssl on this amount at the Rate 01 Charge, We also may add this amount 10 the unpaid balance 01 the
Actual Amount 01 Loan,
PR"PERTY INIURANCE: You will keep the Property S8Curlllg this loan IlIsured against loss by lire, theft or comprehonslve risks and name us as a
los' payes. If the Property includes a motor vehicle, you will Insure the motor vehicle agalllslloss by collision. If you sign a Mortgage that covers
leal property, you will keep the real property Insured and deliver to us a loss payable endorsement showing us as 'mortgages,'
A rTORNEY FEES: Ws may charoe and collsct Irom you a reasonable attorney's Ise plus any court costs If we bring surt on this Loan Agresmenl.
I EE FOR CHECK RETURNED UNPAID: If you give us a check that Is returned unpaid you will pay ths actual charges charged by the IInanclal Inslitutlon
upon which the check Is drawn up to a maximum 01 $20,00,
OtFAUL T: If you lailto make any payment when due, we can demand Immediate payment ot the entire amount you owo.
E: T1MATED SETIlEMENT COSTS: At Ihe time your loan Is closed, your Estimated Actual SettJemsnt Costs will be $ , The
FSllrnated ALtual Settlemsnt Costs Includs any L1le IlIsurance Cos~ Disability Insurance Cost, Involuntal}l Unemployment Insurance Cost, as sBllorth
on I'age 1 and the Recording Foo . Mortgage and Recording Fse. Mortgage Satislaction, as sBllorth on Pags 2.
COMPLIANCE WITH ACT NO.6: If you do not pay the full amount 01 a Minimum Paymellt when it Is dus, and we Intend to lordclose on the Mortgage,
we must comply with tho provlslolls 01 Section 402 and 4'4 olths Act 01 Janual}l 30, 1974, which Is known as Act No, 6, alld the provisions 01
the Ilomeowner's Emsrgency Mortgage Asslstanc~ Act (Act '0,91 01 19S3), The pertinent provisions 01 Section 403 and 40,1 01 Act No, 6 are shown
on p, Je 3,
SEe URITY: You ale giving us a security Interest In the rersunal property shown In the Security subsection 01 the DlsclQSure of Credit Costs shown
on I 'age 1, The persollal propsrty Is described In moro deldilln ths IdenUllcatJon 01 Security form which Is part 01 this Loan Agrooment.
AP/'I.ICABLE LAW: The Penllsylvanla Consumer Discount Company Act (COCA), Titie 7, Sectiuns 6201 to 6219, Purdon's Psnnsylvanla Statul8s,
gov,'rns this loan.
cor '1NUATION OF PURCHASE MONEY SECURITY INTERESY 0 (Check box If sppllcabls): This loan reprBSBnts e conversion 01 Bencharge Account
No. , alld ths sums originally advancsd thsreunder constiluto a part of this loan, You egres that tho purchsse money security
IIlte qst 01 Seneliclal Coosnmer Discount Company lV~a Benchargs Cred~ Servlcs III the goods purchased uslllg tha above Idelllifled Bencharge
ACI 'IUllt shall survive this conversion and remain In lull lorce and effsct.
CRL: 'IT INFORMATION: B1 applying for a Cred~ Line Account, you Instruct and authorize us to requssl and receive cred~ Inlormation about you Irom
any tredlt reporting agency, or lrom any third party, and, unless you advise us of your objection by calling, toU.tree 1-S00-B4S-3441, B:oo AM to
6:DO PM, Eastern time, to transler sny creditlnlormatlon we may have about you to our affiliates or their agsnls lor solicitation purposes, so that
you mny learn about thsir crsait or other offerings. ".
ANY ADVANCE OF FUNDS TO YOU PURSUANT TO THIS LOAN AGREEMENT AND THE MORTGAGE WHICH SECURES THE
A(;REEMENT MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOME OR OTHER REAl PROPEIlTY PLEDGED
AS SECURITY FOR YOUR LOAN
Wine..:
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WI!lIlSS ~
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Qr./ld ~Q.u_" ~
SIIJ1iIu'I or Iksl Borrow8I
~~ t'Z O..(,~
SIIJ1iIu'I of Slcond BOlfOWIl IN lpjlIcallle)
(BY)
(S.~
'Nln.. .
SIIJ1iIu'I of H*d Borrow81 IK 1lllliC1bII)
ISI~
'N.ne"
lil\J1al1l1 or CO.OWflll 0' Propef1y SOCII'IO Ihis LOMl (K ;wIc1bll)
(SI~
STATEMENT Of CONTRACT: This combination Disclosure of Credit Costs and Loan Agreement serves as Ihs Statement of Conl/act required by section
5215 01 the COCA ullder which we make you this loan as a COCA IIcell588,
CE 364 PA.35 (3192)
Page 3 01 4
EXHIBIT "A"
september 23, 1994
TO: Charles R. owensby
26 Rays Drive
Newville, PA l724l
Donna B. Owensby
26 Rays Drive
Newville. PA l724l
NOTICE OF INTENTION TO ACCELERATE
MA~URITY OF INSTALLMENT CONTRACT
The installment salee contract held by Beneficial Consumer
Discount Company (hereafter we, us or ours) on your 1979 Layton Mobile
Homo located at 26 Rays Drive, Newville. PA, IS IN SERIOUS DEFAULT
(because vou have not made the monthlv oavrnents of $175.00 for the mO~'h~
of Auqust, 1994 throuqh September. 1994. inclusive. and/or because A
l.atf) charges (and other charges) have also accrued to this date in the
amount of none. The total amount now required to cure thio default, or
in other words, get caught up in your payments, as of the date of this
letter, is $350.00.
You may cure this default at anY time before title to the mobile
home is lawfullY transferred from you. which will be at least fortv.five
(45) days after receipt of this notice. To cure said default YOU must
oav to us the amount of $350.00 plus anv additional monthlY pavrn~nts and
late charqes which may fall due durinq this period. Such payment must
be made either by cash. cashier'S check. cer:ified check or money order,m
and made at One South Hanover Street, Carlisle, PA, 170l3.
If you do not cure the default within THIRTY (30) DAYS, we intend
to exercise our riqhl to accelerate the installment sales conlract
pavrnents. This means that whatever is owing on the original amount
borrowed will be considered due immediately and you may lose the chance
to payoff the original debt in monthly installments. If full payment
of the amount of default is not made within THIRTY (30) DAYS, ~nlso
intend to reoossess from YOU your mobile home. and to thereafter sell it
in order to payoff or toward your debt. If, after the thirty (30l day
periOd, we refer your case to our attorneys, but you cure the det:ault
before they begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up to $50.00.
However, if legal proceedings are started against you. you will have to
pay the reasonable attorney's fees even if they are over $50.00. Any
attorney's fees will be added to whatever you owe us, which may also
include our reasonable costs as well as any reasonable late penalties if
I,rovided for in your sales contract, as well as any reasonable costs
,,<.:tually incurred for detaching and transporting the mobile home to the
site of sale. If YOU cure the default within the thirty (30) day period.
YOU will not be required to pav attornev's fee.
If you cure the default. the installment sales contract will be
restored to the same position as if no default has occurred. However.
you aro not entitled to this right to cure your default more than three
limes in any calendar year.
We may also sue you personally for the unpaid principal balance
and all other sums due under the installment sales contract.
EXHIBIT 'Ie"
Aci;Qun'~~b.r_ _
0.1. _\,..~__
IDENTIFICATION Of SECURITY
O~:l " I IVllulUon olf~'."_~~ILP~op.~ IJ. "J... A. J?
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DEFINITIONS: 'ht wordt ")'OU" and "'fou," reler (0 bOlfowlfllnd co.ownerl 0' prop"l)' "curing Ih.loln.
AGREEMENT: You h..... flaMed tn Aur..m.n' on lho dal.,hown abovo lIod given I ucullly Inle,..tln plnon.1 property. You .,.
1I1l1ng below In Indlvldualll"mlullon ollhe perlonl' ploporl,. C"proplfly") IhIII1CU,.,1 your lOin. For lOIU(lnc. pUlpolOI ani,..
you '''1110 "ked 10 pIO...l", )'our "Uml'e 01 tht r.pllclmenl '1lttu. 01 ,II of your houuhold gooda, furnlthlngl and 'PPUlnc...
Repllc.mlnl Vllul m..n. II.. Call 01 "'W, lub.lIIult ploperl)' ollh. 11m. kind and qUIIII.,..
TITLED VEHICLES AND III )PEATY
Aulomobh
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:;;f= ~~=-=~~u-- ---- J ~:if~ -:--=~~=_:~~~ ~~~ :'====_- I
- ';;.,;;~:..::;:~. --:-~~ -=-~- ~6 ':'";,;;,---: "r:.;ji~n;Jd'm.ob ____mu___u___. I.
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..
TOTAL REPLACEMENT VALUE {IF OHlER PERSONAL pnOPEnTY
. lOr.!\l REPLACEMENT VALUE OF ALL PERSONAL PROPERTY (Including Huuuhold Oood.. Furnllhlngl, Appllancel, .Ie.): You
"Umalllhllulllflpllcftmllnlvaluf'lol.,.ou,pellonalp,opo,IV {e.cludlngli1ledvohlc1"II., .._..... . .._. .... ,. __. _ _~n'
IUAlltHUIt. HA~o""ru'"~a
. PURCHASE MONEY S[!CURITY IIHEAEST: Th. lallowlng prope,ly Wit pU"haud for por.on,', Ilmlly 0' household use ..lIh Iho
proceedl 01 your loan: ___ . ___ _ _. _ ____._ ____.~ .._ .._._______~_._
e PAl OR PURCHASE MONEY SECUnlTY INTEnEST: Tho following prop.rly Ilproperl.,.ln Wh:'Jllhoerodl1orprevlou.ly hid I purchalll
mono)'locurUyhllellll:___h. '_.... ____..L _._____ _ . _._ _____..__
~~ ~.-~-~L~=~~---
F:. ',( ;-.] I D! T '~' ~ ,,,nOWEn -- . --- /---
o
Donl.rAfd 10I1I1J
.
BENEFICIAL CONSUMER DISCOUNT
COMPANY,
IN THE COURT OF COMMON PLEAS OF
Plaint Hf
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
CIVIL ACTION . LAW
IN REPLEVIN
DONNA B. OWENSBY and
CHARLES R. OWENSBY,
Defendants
COMPLAINT
1. Plaintiff is Beneficial Consumer Discount Company
(Beneficial) with a place of business at 1 South Hanover Street,
Carlisle, PA.
2. Defendants are Donna B. Owensby and Charles R. Owensby, a
adult individuals, who reside at 26 Rays Drive, Newville, PA.
3. On June 3, 1992, by a written agreement, attached hereto as
Exhibit ~A", plaintiff loaned to defendants $4,404.50, to be repaid in
36 monthly payments of $175.00 each, including interest, with the first
payment due on July 8, 1992 and monthly thereafter until said loan was
fully paid.
4. Defendants were delinquent in their August and September,
1994 payments, whereupon Beneficial sent to them by certified mail the
notice attached hereto as Exhibit "B".
5. Thereafter, defendants paid to Beneficial in October, 1994
the delinquent August and September, 1994 payments, but have failed to
cure the delinquency as they still owe for october and November, 1994,
whereupon the whole unpaid balance of the loan is now due and payable.
6. The total amount due and owing under the contr~ct is
$ >~1.{7. ';l..';l.,
B. As security for the loan, defendants gave to Beneficial an
encumbrance on their 1979 Layton mobile home, VIN 03100541M.
9. The aforesaid loan contracts provide for the recovery by
plaintiff of reasonable attorney fees, which in this case amount to
$500.00.
Septen~er 23, 199~
TO: Charles R. Owensby
26 Rays Drive
Newville, PA 17241
Donna B. Owensby
26 Rays Drive
Newville, PA 17241
NO'rICE OF IN'rENTION TO ACCELERATE
MATURITY OF INSTALLMENT CONTRACT
1'he installment sales contract held by Beneficial Consumer
Discount Company (hereafter we, us or ours) on your 1979 Layton Mobile
Home located at 26 Rays Drive, Newville, PA, IS IN SERIOUS DEI-'AULT
se u have not made the monthl a ents of 17 rho
of AUqust. 1994 throuqh Seotember. 1994, inclusive, and/or because N A
Late charges (and other charges) have also accrued to this date in the
amount of none. The total amount now required to cure this default. or
in other words, get caught up in your payments, as of the date of this
letter, is $350.00.
You may cure this default at any time before title to the mobile
home is lawfully transferred from you. which will be at least forty-five
(45) days after receipt of this notice. To cure said default you must
pay to us the amount of $350.00 plus any additional monthlY payments and
late charqes which may fall due durinq this perIod. Such payment must
be made either by cash, cashier'S check, certified check or money order,m
and made at One South Hanover Street, Carlisle, PA, 17013.
If you do not cure the default within THIRTY (30) DAYS, we intend
to exercise our riqht to accelerate the installment sales contract
payments. 'fhis means that whatever is owing on the original amount
borrowed will be considered due immediately and you may lose the chance
to payoff the original debt in monthly installments. If full payment
of the amount of default is not made within THIRTY (30) DAYS, we also
intend to repossess from YOU your mobile home. and to thereafter sell it
in order to payoff or toward your debt. If, after the thirty (30) day
period, we refer your case to our attorneys, but you cure the default
before they begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to
pay the reasonable attorney's fees even if they are over $50.00. Any
attorney's fees will be added to whatever you owe us, which may also
include our reasonable costs as well as any reasonable late penalties if
provided for in your sales contract, as well as any reasonable costs
actually incurred for detaching and transporting the mobile home to the
site of sale. If YOU cure the default within the thirty (30) day Deriod.
YOU will not be reauired to pav attorney's fee.
If YOU cure the default, the installment sales contract will be
restored to the same position as if no default has occurred. However,
you are not entitled to this right to cure your default more than three
times in any calendar year.
We may also sue you personally for the unpaid principal balance
and all other sums due under the installment sales contract.
E)(HIBIT "B"
,. welcome to ~Beneficial'" ,
lEAn BORROWER: Pleasl lIad this fOlm and ask us any questions you may have, In thle fOlm we all using thl walda I, yo. and YOII tD IlltIn III Plrson. l!gnlng
tl8 Loan A reement lactlon as a Borrower. Thl words I UI and 0" rlflr 0 IlInollclal, thl Credllor.
- itemization of the AMOUNT FINANCED 01 . ~~0~50
Disclosure of Credit Costs . 60.72 Amount Glvln to you directly by ua (ellteUl jOU)
$ 356951 Amount peld on your account
(NllIUIMk>>PrIor Aa:olIr)
Amount Plld to othora on your behd
(Sum 01 'Iffd A I/WOUgiI 0 b_)
A. Schedule A Subtotal $ none
B. LIII Insurance Coet Plld 10 IneurancI
company $
C, Dleablllty InsurancI COlt PlId tD
IneurancI comPlny $
0, Pllsonel PIOperly InsurancI Pllmlum
Plld to InsurancI comPlny .
E, Involuntary Unemployment Ineurance
Premium paid tD Inauranca comPlny .
F. Schedule B Total .
G, Schedulo C Total . none
. 10U.00 PIIPlld Finance Ch.rgl
Credllor:
$
774.27
BENEFICIAL CONSUMER DISCOUNT COMPANY
1 S HANOVER ST
CARUSLE PA 17013
152,46
270.27
Phone Number: (717)249-1515
76,g~
26~,60
10.00
Account Number: 50621651
I Your Nll!1o Ind Mailing Add,," I
I Rolldonco Add,," II not the HIlla I
OWENSBY"DONNA B,CHARLES R
26 RAYS DRIVE
NEWVILLE,PA,17241
llate of Loan 1 st Due Date Final Due Date Month Instala,
U61031'J2 07108192 U6/Oll195 $175.00
AMOUNT FINANCED: The amount of credll provided to you or on your behell,
$4404.50
TOTAL Of PAYMENTS: The amount you will Ply, II you PlY ae scheduled,
S6300,110
To be Plld In All Monthly Instalmenta are due on the eame
36 Mo, Instalmente day of thl month aa thl 1 II Due Date.
fiNANCE CHAROE: Thl anfllunt thl credll will coat you, II you pay u
~heduled,
$1895.50
ANNUAL PERCENTAOE RATE: The CO&\ of your credll II a yearly rate.
24.95 'K.
Cradll I......c.: Clldll lIle. credll dleablllty, and credit Involuntary unemployment InsurancI Sll not IIqulred tD obtain credlllnsurance will not be provided unleaa
you agree to pay the additional cost by signing below. CREDIT INSURANCE
ype ost
LIII 0 Single 00 Joint $ 152.46
Disability $ 270.27
!
I Involuntary Unemployment $ 264,60
gnature
o I went Single Llle InsurencI
o I wsnt Single Llle and Single Disability Insurance
o I want Joint Llle InsurancI
001 want Joint LIII .nd Single Disability InsurancI
o I want Involuntery Unlmployment Insurance
o I do not went L111 Insursnce
o I do not want Disability Insu,ance
o I do not went Involuntary
Unemploymant Ineu,ance
"III/11h111_.I_IIII.....
'*-11I _.
Or.. ~ ?fsl ~'sJ_.~ O. ~.
c.u'S~~~CIbIO)
Joint Llle
See Cost Abol'e
Alongsldl Lila
001 want Joint Life Insuranca
Proptl1y 11....lea: You may obtain properly Insurance from anyone you want II you obtain the Insurance through us. you will pay the Pllsonal Properly IneurencI
Premium of $ 76.94 .
Prepay.ell: II you pay off early. you may be entitled to a rolund of pall of the Fllllea Ch,gl.
LIlI C'ar,l: II your payment Is late (not paid wllhln 10 days after the due date), you will be charged a Late Charge unless thl Instalment Is extended. Thllate
Cherge Is calculated by muhlplylng the unpaid amount of thl Plyment by .0005" (based on the rate of 1.50" per month divided by 30 days) for
each day Irom the due date to the d~le you pay the full payment Minimum Late Charge - $1.00.
Seclllly: Your loan Is [l!] securad 0 unsecured. ff secured, you are giving us a security Interest In:
o Motor Vehicle rn Certain Houslhold hems
o Properly purchasad whh proceeds of this loan (dascrtle):
o Your real properly - 0 First Mortgage 0 Second Mortgage
Your lIem~ation at the Amount Financed Is ehown above,
See your Loan P.greement for any addrtlonallnformation about nonpaymln~ defaull and any required repayment In full before the schedulld date and prepayment
relunds.
CE 364 PA.35 (3192)
Page 1 of 4
31l35OOOR7
,viii'''' 01 Bo,,,,wor: OWENSBV"OONNA Il.CHARLES R
Account No.: .50621llS1
PAYMENT IN ADVANCE: YOLo may prepay ths amount you owe In full or in part al any time. If you prepay the loan In full betors the Final Due Date
or any extended final due dale, we will use ths Rule of 70ths Method to cRlculate your credrt for the unearned Discount. We will calculats your CflWjrt
JS of the next Instalment dus date that follows Ihe date of prepayment. If you prepay the loan during an extension period, we will give you an additional
credit lor the unearned Extension Fee.
ADVANCES UNDER MDRTGAGE: If we make payment for taxes, assessments, water or other charges or Insurance premiums and you do not repay
us al once, we may require you to pay interest on this amount at the Rate ot Charge. We also may add this amount to Ihs unpaid balance 01 th8
Actual Amount 01 Loan. '
PROPERTY INSURANCE: You will keep the Property securing this loan Insured againsl loss by tire, theft or comprehonslve risks and nams us as a
lOSS payee. If the Property Includes a motor vehicle, you will Insure the motor vehicle against loss by collision. If you sign a Mortgags that COVSIll . .
leal ploperty, you will keep the real property Insured and deliver to us a loss payable endorsement showing us as 'mortgagee.'
ATTORNEY FEES: We may charge and collect from you a reasonable attorney's tee plus any court costs If we bring surt on this Loan Agreement.
FEE FOR CHECK RETURNED UNPAID: If you Qive us a chack that la returned unpaid you will pay the actual charges charged by the tinenclellnetltutlon
upon WhICh the check ie drawn up 10 a maximum 01 $20.00.
DEFAULT: If you fall to make any payment when due, we can demand Immediate payment of the enUre amount you owe.
ESTIMATED SmLEMENT COSTS: At the Ume your loan Is closed, your EsUmated Actual Settlement Costs will be S . The
Estimated Actual Settlemenl Costs Include any Llle Insurance Cost, Disability Insurance Cost, Involuntary Unemployment Insurance Cost, as set forth
un Page 1 and the Recording Fee . Mortgage and Recording Fee . Mortgage SatisfacUon, as set forth on Page 2.
COMPLIANCE WITH ACT Nil. 6: If you do not pay Ihe tull amount of a Minimum Paymenl when rt Is due, and we Intend to fDreclose on the Mortgage,
we must comply with the provisions of Section 402 and 404 01 the Act of January 30, 1974, which Is known as Act No.6, and the provisions 01
Ihe Homeowner's Emergency Mortgage Assistance .~cl (ACI No. 91 011903). The pertinent provi~ions of Section 403 and 404 of Act NO.6 are shown
on Page 3.
SECURITY: You are giving us a security interest In Ihe personal property shown In the Security subsection of ths Disclosure 01 Credrt Costs shown
on Page 1. The personal property is described In more detail In the Identification of Security form which Is part 01 this Loan Agreement.
APPLICABLE LAW: The Pennsylvania Consumer Discount Company Act (COCA), Trtle 7, Sections 6201 tD 6219, Purdon's Pennsylvania Statutes,
!lOVernS this loan.
CONTINUATION OF PURCHASE.MONEY SECURITY INTEREST 0 (Check box II applicable): This loan represents a conversion of 6encharge Account
No_ , and the sums originally advanced thereunder constitute a part of this loan. You agree that the purchase money security
Internst of Beneficial Consumer Discount Company d/b/a Bencharge Credrt Service In the goods purchased using the above Identified Benchargs
Account shall survive this conversion and remain In lull force and effect.
CREDIT INFORMATION: By applying lor a Cradit L1ne.Account, you Instruct and authorize us 10 request and recelvs credrt InfDrmaUon about you from
,lny credd reporting agency, or from any third party, and, unless you advise us of your objection by calling, 101l-fr861-000-040-3441. B:oo AM to
6:00 PM, Eastern time, 10 transler any credrt Information we may have about you to our affiliates or their agents lor sollcitatlon purposes, so that
you may learn about their credrt or other offerings.
ANY ADVANCE OF fUNDS TO YOU PURSUANT TO THIS LOAN AGREEMENT AND THE MORTGAGE WHICH SECURES THE
AGREEMENT MAY, IN THE EVENT Of ANY DEFAULT. RESULT IN THE LOSS OF YOUR HOME OR OTHER REAL PROPERTY PLEDGED
AS SECURITY FOR YOUR LOAN
Wene.. - It. (I{ -/2;(1 LJ
~. ( I
WL..... /-11 All!l.' r.': II ,.'
Q"'''do ~Q,..^,.,~
Siglau'1 01 In' HOIrow"
~~ /Z n~,~
5ilJl.torl 01 Seeond BOIJOWII (n appIicabll)
(Sla)
(Sd)
W&ness' .
5ilJl.torl 01 Third eO/rower (n appicable)
(Sla)
W.neS5
Siglau'e 01 Co-OWner 01 Ptopeny See"mgths loan (~ appllcabll)
(Sla)
~T"TEMENT OF CONTRACT: This combination Disclosure of Cradrt Costs and Loan Agreement serves as the Statement of Contract required by Section
0215 of the COCA under which we make you this loan as a COCA licensee.
CE 364 PA.35 (3192)
Page 3 01 4
IV.',,,, u/ iJ<JI'~",,; OWENSBV"OONNA Il.CHARlES R
Accuunt Nu.; 1lOll2165\
Su lement
Itemization of Amount Financed
SCHEDULE 8
PERSONAL PROPERTY FEES
Non.Flllng Inlllranca Prlmlum . . . . . . . . . . . . . . . . . . $
Flnlncln'g SII1amln1 FH . . . . . . . . . . . . . . . . . . . . . . $
Termination Statement FH (prIMn1) . . . . . . . . . . . . . . $
Tl1Je Transflr FHa. . . . . . . . . . . . . . . . . . . . . . . . . . $
Schedule 8 Total $
10.00
SCHEDULE A
~: $
To: $
To: $
To: $
To: $
To: $
To: $
~ $
Tlrmlnltlon Statlment Foe (ruture) ............. $
RKOIdlng Fee . Mortgage Satlsfacllon (future~ . . . . . $
Schedull A Subtotal $
Chock To You. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule A Total $
none
nonl!
nnnA
10.00
none
SCHEDULE C
REAL PROPERTY FEES
RKordlng Flit . Mortgagl.. .................. $
RKordlng Flit . Mortglgl Sallallcllon (prlunt). . . . . . $
Othlr (Spodfy) .
Schedull C Total $
nonl!
nnnp
none
60.72
60.72
LOAN AGREEMENT
$ 4404.50 Amount Financed plue
$ 100.00 Service Charge plue
$ 1795.50 Discount .qu./e
$ 6300,00 TOTAL OF PAYMENTS
23.27 '" ~r year - Rata of Charge
PROMISE TO PAY: You promise to pay us the Total of Payments shown above. YDU will pay the Monthly Instalment on the 1 st Dus Date and on
the sams day of overy mDnth through ths Final Due Date.
DISCOUNT: The Discount shown above Is figured on the Total of Payments 'at ths Discount Raui shown below. Ws have calculated the Discount at
Ihat Discount Rate for the period between the date the Discount starts to become due and ths Final Due Oats oven thDugh this loan Is payable In
Instalments. The Discount then Is deducted from the Total of Payments.
The DiScount Rate Is $ 9.50 par $100 per year for the first 48 months and $6.00 par $100 per year for the remaining term of loan.
SERVICE CHARGE: The nonrefundable Service Charge Is calculated on the Total of Payments at ths rate of $1.00 for each $50 or part of $50 of
ths Total 01 Payments up to a maxlmum of $100.00.
EXTENSION: An extension arlsas from a written agreement, other than this Agreemen~ to postpone one or mors scheduled Instalments to the end
of this Agreement. The Final Due Oats, as originally scheduled (In the cass of the first extension) or as previously mended (In the cass of all8lel8nslons
other than the first axlenslon), Is the end of this Agreement.
II you and we agrae In writing to mend one DF more Instalments and you do mt Intend tD make up any missed Instalments In the meantime, ws
will charge YDU an ExIenslon Fee equal to the sum of the wholly unpaid Instalments remaining In ths contract term muRlpllad by 1 Va'll.. At the tims
of any axlenslDn, the Anal Due Date, as originally scheduled or as mended, shall be sat ahead one month for each axta~ Instalment.
If an instalment remains-wholly unpaid for 60 days 01 more aner Its due date, we may axlend that Instalment to the and of this Agreement, without
your consent. If we do so, we will charge and collset an Extension Faa for such extended Instalment. We will deduct the ExIenslon Fee from your
next payment. Howover, If you pay us all of the Instalments In default, we will not, without your written consent, collset ExIenslon Fees. Ws will not
charge you an Extension Fee and a Late Charge for the same lats Instalment.
LATE CHARGE: Ws will charge you a Late Chargo If you do not pay the full amount of an Instalment within 10 days aner itS due date and the Instalment
IS not axlended. The Lats Charge Is calculated on Ine unpaid amDunt of the Instalment at the daily rate of .0005% (basad on the rate 011.50% par
month being divided by 30) for each day the Instalment remains unpaid. The minimum Late Charge Is $1.00.
CE 364 PA.35 (3192)
Page 2 01 4