scsc015574 - case against early man dismissed due to not being able to locate defendant.pdf

8/9/2019 SCSC015574 - Case against Early man dismissed due to not being able to locate defendant.pdf

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206 Maple Street, Early, IA 50535

Malcolm Smith

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

ALCO Capital Group, LLCPlaintiff's Namec/o Wright, Lerch & Litow 2001 Reed Road, Suite 100Fort Wayne, IN 46815 AddressVs.

Name Small Claim No.

Address

Defendant(s)

TO DEFENDANT(S):

1. YOU ARE NOTIFIED that the plaintiff(s) demand(s) from you the amount of 1596.00, plus the followingincidental charges: Interest at the rate of 0.0000% from 11/11/2014 or the date of default per statute inthe amount of 0.00 plus interest and costs. Total amount requested 1596.00. This demand is, basedon the failure to make payments in accordance with the terms of a written contract originally owned byPurchasing Power

2. Judgment may be entered against you unless you file an Appearance and Answer within 20days of the service of the Original Notice upon you. Judgment may include the amount requestedplus post-petition interest and court costs.

3. You must electronically file the Appearance and Answer using the Iowa Judicial Branch ElectronicDocument Management System (EDMS) at https://www.iowacourts.state,ia.us/EFile, unless youobtain from the court an exemption from electronic filing requirements

4. If your Appearance and Answer is filed within 20 days and you deny the claim, the clerk will receiveelectronic notification through EDMS of the place and time of the hearing on this matter.

5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on theattorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt fromelectronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s).

6. You must also notify the clerk’s office of any address change.

/s/ Charles L. LitowAttorney For Plaintiff-

If you need assistance to participate in court dueto a disability, call the disability coordinator at(712)662-7791 . Persons who are hearing orspeech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.

Charles Litow-AT0004732

Cory Speth AT0007457

2001 Reed Road, Suite 100

Fort Wayne, IN 46815

Phone (260) 423-6655

2014023746

Original Notice and Petition for aMoney Judgment

*2014023746* *CTFILD*

E-FILED 2015 JAN 21 2:21 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY, IOWA

ALCO Capital Group, LLC

Plaintiff

Vs.

Malcolm Smith

Defendant(s)

To the best of my knowledge Malcolm Smith resides at 206 Maple Street, Early, IA

50535, and his/her occupation is unknown and said Defendant(s) is/are not an active member ofthe Military Forces of the United States Government as the undersigned or fellow employee

verified same by checking the Defense Manpower Data Center (DMDC) website, and to the best

of my knowledge is/are not under any legal disability or prisoner in any reformatory or

penitentiary.

I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the

preceding is true and correct.

Date: January 1, 2015

/s/ Krystal L. ReppenAffiant

VERIFICATION OF JUDGMENT

DEBTOR, AND CERTIFICATE

RE MILITARY SERVICE

Case No.

2014023746



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Last Name: SMITHFirst Name: MALCOLM

Middle Name:

Active Duty Status As Of: Jan-01-2015

Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the statu

he individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, an

Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.

Mary M. Snavely-Dixon, Director

Department of Defense - Manpower Data Center

4800 Mark Center Drive, Suite 04E25

Arlington, VA 22350

Department of Defense Manpower Data Center Results as of : Jan-01-2015 11:05:3

SCR

On Active Duty On Active Duty Status Date

Active Duty Start Date Active Duty End Date Status Service Component

NA NA No NA

This response reflects the individuals' active duty status based on the Active Duty Status Date

Left Active Duty Within 367 Days of Active Duty Status Date

Active Duty Start Date Active Duty End Date Status Service Component

NA NA No NA

This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date

The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date

Order Notification Start Date Order Notification End Date Status Service Component

NA NA No NA

This response reflects whether the individual or his/her unit has received early notification to report for active duty



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The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibil

Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.

The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known a

he Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the

ndividual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family

member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to th

protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the

defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status

date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).

This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Act

Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active

duty on the Active Duty Status Date.

More information on "Active Duty Status"Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods les

han 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service

authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the

President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in th

unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserv

Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.

Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).

Coverage Under the SCRA is Broader in Some CasesCoverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not b

eported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services period

Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).

Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website

certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of servic

Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have n

actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SC

extend beyond the last dates of active duty.

Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCR

are protected

WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing

erroneous information will cause an erroneous certificate to be provided.

Certificate ID: 31J1DEE5N104200



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MALCOLM SMITH206 Maple St.Early, IA 50535

DATE: 1/28/2012REFERRING ORDER NUMBER : TYSSMIT927595

CONGRATULATIONS MALCOLM SMITH

Thank you for your recent order with Purchasing Power. Please be sure that you have read all pages of your Order PackeThere may be additional forms you must submit to complete your order!

S im p l y f a x , em a i l , o r m a i l a co p y o f t h e r e q u i r e d d o c u m e n t s * l i s t e d b e l o w .Once we have received your completeddocuments and have verified that you qualify for the program, your order will be placed with the supplier.

ITEMS DELIVERED BY FREIGHT AND OTHER SELECT PRODUCTS ARE NOT RETURNABLE ONCE THE PRODUCT HAS SHIPPEFROM THE SUPPLIER - refer to the invoice within this Order Packet for specific details on your merchandise.

Thank you for choosing the Purchasing Power program!

1375 Peachtree Street, Suite 555Atlanta, GA [email protected](866) 305-3390 Customer Care (866) 741-3919 Return Fax

*REQUIRED DOCUMENTS

Required Documents Document Description Status

AUTHPAGE AUTHPAGE Received

PAYSTUB PAYSTUB Not Received

Page 1 of 12 for Order : TYSSMIT927595486295



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AUTHORIZATION PAGE

As stated in the agreement, Purchasing Power requires a backup payment method in case of default

f backup Payment information was required and provided and/or provided during this transaction You, the Bank, are authorized to charg

my account to cover periodic payments for my purchases from Purchasing Power, L.L.C. I hereby request that you debit my account for th

amount submitted by Purchasing Power, L.L.C. and that the only notice I will receive of this debit will be contained within my bank statem

agree that if any payment is not honored, whether intentionally or inadvertently, then You, the Bank, shall be under no liability whatsoeve

even if this results in a declaration of default and accrual of additional interest under the terms of my agreement with Purchasing Power,

L.L.C.

NOTICE TO BUYER : (1) Do not sign this Agreement before you read it or if it contains any b lank spaces to be filled in. (2) You are entitled

an exact, completely filled-in copy of the Agreement you sign at the time you sign it. (3) Under the law, you have the right to prepay the ful

amount due under this Agreement at any time and under certain conditions to obtain a partial refund of the service charge. Keep this

Agreement to protect your legal rights. (4) If you desire to pay off in advance the full amount due, the amount which is outstanding will be

urnished upon request. (5) Residents of MA: You may cancel a purchase under this Agreement if it has been signed by a party thereto a

place other than the address of the seller which may be his main office or branch thereof; provided, you notify the seller in writing at this

main office or branch, by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following

purchase under this Agreement. (6) Residents of WA: You may cancel any purchases made under this charge Agreement if the seller or

epresentative solicited in person such purchase, and you sign an Agreement for such purchase, at a place other than the seller's busi

address shown on the charge Agreement, be sending notice of such cancellation by certified mail receipt requested to the seller at his

address shown on the charge Agreement, which notice shall be posted not later than midnight of the third day (excluding Sundays and

holidays) following your signing of the purchase Agreement. If you choose to cancel this purchase, you must return or make available to

seller at the place of delivery any merchandise, in its original condition, received by you under this purchase Agreement.

Notice: Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller

goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts pa

by the debtor hereunder.

1375 Peachtree Street

Suite 555

Atlanta, GA 30309

[email protected]

(866) 305-3390 Customer Care

(866) 741-3919 Return Fax

Order ID: TYSSMIT927595 Home Phone: (713)273-5170 Date of Order: 1/28/2012

Name: MALCOLM SMITH Payment Amount: $84.00

Billing Address: 206 Maple St. Shipping Address: 206 Maple St Financing Rate: 0 %

Early, IA 50535 Early, IA 50535 Payment Frequency: bi-weekly

For Administrative Use Only

E -Signature Information

Session: 8a92bb4b33ff56d90135263928b463a0 IP Address: 184.8.202.88

TimeStamp: 1/28/2012 4:32:39 PM Browser: None Captured

Last 4 SSN: 0011

CREDIT CARDBackup Payment

Name on card: MALCOLM SMITH Type of Card: VISA Billing Address: 206 Maple St.

Early, IA 50535Card #: XXXXXXXXXXXX0633

Exp. Date: 12/2012




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DELIVERY INFORMATION

Your order should arrive within 14 to 28 days. Therefore, please wait at least 14 days before contacting Purchasing Power to checkon your order status. Your order will arrive packaged in up to 5 boxes sent by a commercial shipper (UPS, DHL, or FEDEX). If youordered a computer with Norton 360 (Antivirus), your Antivirus will be shipped to you via mail separate from your computer.Peripheral and accessory items (i.e. printer, printer cable and surge protector) may arrive separately. The driver will attempt todeliver your order and leave a note on your door if no one is available to sign for the delivery. You may call the shipper at any timo make arrangements for a pickup. If you miss all three delivery attempts, your order may be sent back to the supplier. Unless t

supplier requires signature upon delivery the courier may choose to leave the package without a signature at his sole discretion.The customer is responsible for inspecting the merchandise at time of delivery and reporting any damage within (48) hours.

CANCELLATION/RETURN POLICY

All orders can be cancelled prior to the order being placed with the supplier without penalty. Once the order is placed with thesupplier a cancellation request is considered a "RETURN", subject to the following stipulations. ITEMS DELIVERED BY FREIGHT ANDOTHER SELECT PRODUCTS ARE NOT RETURNABLE ONCE THE PRODUCT HAS SHIPPED FROM THE SUPPLIER - refer to invoice forspecific details regarding your purchase. COMMERCIAL SHIPPER (i.e. UPS, FedEX, DHL) returns for; failed multiple delivery attemprefusal or incorrect address, may be subject to a restocking fee of up to 10% with the exception of refused delivery for damages.FREIGHT DELIVERY (i.e. Oversized items requiring special handling): Opened Cartons: All returns and exchanges of openedmerchandise are subject to a restocking fee equal to 50% of the purchase price. Unopened Cartons: All returns and exchanges ofmerchandise that has not been opened are subject to a restocking fee equal to 25% of the purchase price. Certain Freight Itemscannot be returned, see invoice for details. These fees may be waived if (in supplier determination) they are due to damage causeby delivery.

EXCHANGE POLICY

Exchanges for damaged or defective product must be requested within 7 calendar days from the date your merchandise isdelivered. No exchanges can be processed through Purchasing Power after 7 days from delivery; after that time you should refer your manufacturer's warranty for details on how to deal with your specific situation. All claims for damage items delivered by freigmust be reported within 48 hours of delivery.To exchange or repair merchandise, contact Purchasing Power Customer Care to obtain a Return Authorization Number (RMA).

REFER & EARN

Earn a $25 Best Buy Gift Card By Referring a Colleague Today!

1. Go to www.PurchasingPower.com/referandearn to view more information.

2. Each new customer you refer must use your Referral ID Number at the time of purchase.

3. Once the order is processed, we will send you a $25 Best Buy gift card!*

Start Earning More Today!

* Rewards may take 6-8 weeks to be delivered. To view additional information and the complete Terms and Conditions ofPurchasing Power's Refer & Earn Program, visit www.PurchasingPower.com/referandearn.

ORDER DETAILS




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INVOICE - Date: 1/28/2012

1375 Peachtree Street, Suite 555

Atlanta, GA 30309

[email protected]

(866) 741-3919 Return Fax

Name Quantity Item Price

Microsoft Office 2010 Home & Student - Dell Promo 1 $112.00

Return Polic : 7 Da s Recei t, Uno ened

Warrant : No Warrant On Software

Model: Home & Student 2010

Bundle Sku: 1052821

SquareTrade 3-Year Desktop Warranty 1 $64.00

Sku: 1097893

Dell Inspiron 620s 23in Display 6GB Memory Desktop PackageD300B3

1 $1,414.99

Model: Ins iron 620 Slimtower

Bundle Sku: 1226894

Monitor: 23in

Processor: Intel Core I5 3.0 hz

Memor : 6 b

Ke board/Mouse: Included

Video Card: Amd Radeon Hd 6450

Hard Drive: 500 Gb

O tical Drives: Dvd-Rw

Internet Connectivit : Wireless, Nic

Sound Card: Inte rated

S eakers: Dell A 410t1

O eratin S stem: Windows 7 Home Premium

Productivit Software: Not Included

Virus Software: Norton 360 All-In -One Securit

Warrant : 1 Year Limited

Gift Card: Not Included

Printer Model: Dell V515wn

Printer Type: Wireless All-In -OneReturn Polic : 7 Da s From Recei t, Uno ened

Additional Item: Sur e

Horizon RC-30 Exercise Bike with FREE MAT 1 $499.00

Product Wei ht: 106lbs

Dimensions: 52inh X 26inw X 66inl

Deliver And Setu : Assembl Re uired

Return Polic : No Returns Allowed

Warrant : Lifetime Frame, 3 r Parts

Model: Rc-30

Bundle Sku: 1345891

The product identification name and/or model number delivered may be different

that the product ordered due to manufacturer/supplier product availability and

changes in product lines. However, any product delivered will meet or exceed

the specifications of the model ordered.

Subtotal: $2,089.99

Discount/Savings: $212.25

Order Total: $1,877.74

Shipping: $175.00

Sales Tax: $131.44

Total Amount: $2,184.18

Deposit: $0.00

Itemization of Amount Financed: $2,184.00




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FEDERAL TRUTH-IN-LENDING DISCLOSURES

Your payment schedule will be:

Total of Payments: In cases where your employer limits payroll deductions to whole dollar amounts, your total amount of payments may be slightly less

than the amount shown.

Insurance : Credit life insurance and credit disability insurance are not offered as a part of this transaction.

Security: You are giving a security interest in the goods being purchased.

Prepayment: If you pay off early, you will not have to pay a penalty, and you may, under certain circumstances, receive a partial refund of the finance

charge paid.

ANNUAL

PERCENTAGE

RATE

The cost of your

credit as a yearly

rate.

0 %

FINANCE

CHARGE

The dollar

amount the

credit will cost

you.

$0.00

Amount Financed

The amount of credit provided

to you on your behalf.

$2,184.00

Total Of Payments

The amount you will have paid

after you have made all of your

payments as scheduled.

$2,184.00

Total Sale Price

The total cost of your purchase

on credit, including your down

payment of

$2,184.00

Number ofPayments

26

Amount ofPayments

$84.00

Your Payments will be:

bi-weeklyStarting 2/11/2012, or your next paydate

thereafter.

See your contract documents for any additional information about nonpayment, default, and required repayment in full before the scheduled date, and

prepayment refunds and penalties.




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Merchandise Order Form/Retail Installment Sales Agreement

ORDER INFORMATION

Retail Installment Credit Agreement/Retail Installment Sales Agreement/Credit Sale Contract/Retail Installment Contract/Security

Agreement

In this Purchasing Power Retail Installment Credit Agreement/Retail Installment Sales Agreement/Credit Sale Contract/Retail InstallmenContract (“Agreement”) the words “you” and “your” refer to any person who signs this Agreement (“Buyer”). The words “we ”, “us”

“our” and “ourselves” refer to Purchasing Power LLC.

1. Promise to Pay. In return for delivering the purchase recorded herein (your “Account”), you agree to pay us for the entireamount of the purchase, as well as any all other applicable charges, as mentioned below, according to the terms of this Agreemen2. When Effective. Your signature to this Agreement is your consent to the terms of this Agreement with Purchasing Power andacknowledgement of delivery of a copy of this Agreement to you. Therefore, before you sign this Agreement you should read thisentire Agreement, which includes terms and conditions relating to a payroll deduction program and shopping services, as well as thcost-of-credit disclosures required by federal law. This Agreement will become effective immediately upon your delivery to us of thAgreement, either by mail or via the internet with the necessary signature consenting to all the terms contained herein.3. Prepayment. You may payoff the balance owed on your total indebtedness under this Agreement at any time during thepayment schedule without penalty.4. Certifications and Representations. You certify and represent the following: a) that you meet the tenure eligibilityrequirement listed in the “Additional Information” section above, b) that you have not submitted your resignation nor elected toretire and you do not anticipate resigning or retiring for at least twelve months; c) that you meet the salary eligibility requirementisted in the "Additional Information" section above; d) that you are currently, actively employed, receiving your full salary, and noon an authorized leave of absense; and e) that you are not presently the subject of any court ordered garnishments or other legalmpediments that will adversely affect your ability to make the payments described herein via payroll deduction. If you are thesubject of court ordered garnishments, you agree to submit a copy of your last pay stub to us for review prior to our placing theorder for your computer and you understand that we reserve the sole right to determine whether we will extend credit to you forpurchase of a computer based upon our evaluation of your ability to make payments. If you are presently in bankruptcy, you agreo submit confirmation to us that your payroll deduction is authorized by the Bankruptcy Court, such as a letter from the payroll

department stating that it will honor the deduction.5. Time of Delivery. You acknowledge that the items purchased herein will be ordered and shipped directly to you by the suppliePurchasing Power will make every effort to ensure that your purchase is shipped before the second deduction is taken from yourpaycheck, but you further acknowledge and agree that payment deductions may be taken prior to shipping or receipt of yourpurchase.6. Method of Delivery. The purchase reflected above will only be delivered to the address listed in the "Shipping Information"section above, if a signature is required upon delivery you should make sure that someone over the age of 18 will be available tosign for the product. Items that require freight delivery are limited to the contiguous 48 United States; at freight carrier discretion

nside delivery may not be available in your area. You agree that as long as the shipper delivers the product to the addressrequested and someone who works at that location or lives at that address signs for the package, we will have met the obligation delivery and you agree to be responsible for collecting the packages from the signer. If you are unable to arrange for a signatureupon delivery, you are responsible for coordinating alternative shipping arrangements. The nearest UPS, Federal Express or othercarrier package center may be chosen as the delivery location for pickup, but if the package is returned to the supplier due todelivery problems, you will be responsible for any additional charges. Missing Items: If you are missing items from your order youhave up to 45 days after accepting this agreement to initiate a missing item claim with customer service. After that time we cannoguarantee that the supplier or Shipper will be able to track down these items due to system limitations. In the event that you fail toile a claim within 45 days you will still be financially responsible for any missing items.

7. Authorization of Payroll Deduction. You authorize and direct your employer to take systemic deductions from yourpaychecks in accordance with the payroll deduction plan voluntarily elected herein, and this amount is to be paid to PurchasingPower. A deduction in the amount specified shall be taken from each paycheck for the period of time elected herein.

1375 Peachtree Street

Suite 555

Atlanta, GA 30309

[email protected]

(866) 305-3390 Customer Care

(866) 741-3919 Return Fax

Name: MALCOLM SMITH Employer: TYSON FOODS

SSN: XXX-XX-0011 Employment Status: FULL TIMEHome Phone: (713)273-5170 Work Phone:

Cell Phone: (580)461-6046 Date of Hire: 2/15/2005

Fax: Pay Frequency BI-WEEKLY

Email Address: [email protected] Ship To Name: MALCOLM SMITH

Billing Address: 206 Maple St.Early, IA 50535

Shipping Address: 206 Maple StEarly, IA 50535

Additional Information: Tenure Eligibility Requirement: 24 monthsSalary Eligibility Requirement: $16,000.00 per year

Term of Agreement: 12 months from the start of this Agreement




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8. Application of Payments. Unless otherwise required by a particular state’s laws, all payments received will be applied first tooutstanding fees (if any), then accrued and unpaid interest (if any), and then the oldest open installment invoice. If you have morehan one purchase Agreement with Purchasing Power, your account will be handled in total and all payments received will be appli

as noted previously without preference to a specific purchase Agreement. In the event a payment is received by Purchasing Powehat is more than the scheduled payment amount due for the period when it is received, Purchasing Power shall apply that paymeno future invoices. No refunds related to overpayments shall be authorized if any amounts are outstanding on any of your

purchasing Agreements.9. Payment Upon Completion of Employment. You acknowledge that this is a voluntary purchase, and you further understandand voluntarily agree, that your employer, as permitted by state law, may deduct any remaining balance due on this account from

your final paycheck at any time that your employment with your current employer ends, whether termination is voluntary ornvoluntary. You also voluntarily agree to execute any documents required upon termination to authorize such withholding of yourinal paycheck. Furthermore, upon termination of your employment, you specifically authorize and direct your former employer to

provide your last known address, telephone number and other contact information to Purchasing Power.10. Payment After Completion of Employment. You agree that if there is any balance due hereunder after you have receivedyour last paycheck upon any termination of your employment, that you will pay the remaining balance directly to Purchasing Powef you fail to do so and legal efforts are necessary to enforce this provision of this Agreement or to collect amounts which you may

owe, then you will be responsible for the reasonable costs of such collection, including reasonable attorneys’ fees (to the extentpermitted by law) and court costs as permitted by the law of your state of residence.11. Default/Collection Costs. You acknowledge and agree that a failure to pay under this Agreement shall be considered adefault under the terms of this Agreement. You further acknowledge and agree that upon occurrence of a default or failure to payunder this Agreement, Purchasing Power may, at its option after notice to the address provided herein, declare the entirendebtedness of principal and interest to be immediately due and payable. If the Account is referred to an attorney who is not oursalaried employee, you agree to pay our reasonable attorney’s fees, but only to the extent and in the amount permitted byapplicable law. Court costs will also be recovered where permitted by applicable law.12. Default Payment Authorization. If back-up payment information was required and/or provided as part of this transaction,

hen in the event of any default, you voluntarily agree and authorize Purchasing Power to either debit your bank account for theamount owed or charge the amount owed to the credit card provided herewith, and you agree and acknowledge that PurchasingPower may, at its option, and to the extent permitted by law, either debit or charge the entire balance due or the periodic paymenuntil such time as the indebtedness is fully satisfied.13. Payment Adjustments. You understand that your purchase should be repaid over the term of the Agreement as shown in thAdditional Information” section above and you agree that the amount of your periodic deduction may be adjusted upward to cove

any past due amount resulting from an absence or other failure to pay/collect so that the amount due shall be repaid within theerms of this Agreement.

14. Right of Refusal. We reserve the right to refuse to fulfill you order.15. Alternative Payments. In the event that you are unable to work for an extended period of time due to a workers’compensation claim or other legally qualified leave of absence and do not receive a regular paycheck, you should promptly notifyPurchasing Power and make alternative arrangements to make your payments during such time that you are not receiving a regulpaycheck. You should contact us at 1-888-923-6236, ext. 5149 to discuss the available options with our collections department. Yohereby acknowledge that you will be liable for the entire balance, and that you will promptly pay the past due balance uponreturning to work or from the proceeds of any severance payment, workers’ compensation settlement or any other accrualpayment. You further acknowledge that if you fail to notify us of your leave of absence, that Purchasing Power may declare you in

default as soon as one regular payment has been missed (except in Wisconsin you will not be in default until you fail to make twoscheduled payments when due on two occasions within a 12 month period).16. Security Interest. To secure your obligations to us under this Agreement, we retain a purchase money security interest undhe Uniform Commercial Code in the goods purchased under this Agreement until those goods and any related charges/fees are

paid in full, to the extent permitted by law.17. Repossession. Failure to pay any sum due hereunder when due shall give us the right, subject to any right you may haveunder state law to receive notice of default and to cure such default, to repossess or otherwise dispose of any or all of the productpurchased herein, as permitted by state law, and to avail ourselves of any other or additional legal remedies. Customers shall, tohe extent allowed by state law, remain liable for all sums due and to become due hereunder, despite any such repossession, but

you shall be credited with any excess recovery actually




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received by us after deducting for all costs and expenses related to the repossession and disposition of the products herein.18. Credit Authorization.You authorize us to collect credit data concerning you from any authorized credit reporting agency andyou understand that Purchasing Power may collect such data and/or report your payment history to any credit bureau. Upon yourrequest, we will tell you whether or not a credit report was requested and the name and address of any consumer credit reportingagency that furnished the report. You also authorize us to report your performance under this Agreement to credit bureaus andothers who may properly receive such information.

19. Governing Law. You agree that all credit is extended to you from Georgia. You also agree this Agreement is governed only bapplicable federal law and to the extent permitted, by Georgia law, even if you do not reside in Georgia.20. Return Policy/Restocking Fee. For up to seven (7) days after the date the merchandise package is delivered to the addresgiven to us, you are entitled to return your merchandise. ITEMS DELIVERED BY FREIGHT (typically oversized boxes or itemheavier than 70 lbs) AND OTHER SELECT PRODUCTS ARE NOT RETURNABLE ONCE THE PRODUCT HAS SHIPPED FROMTHE VENDOR. Products with a "No Return" policy are clearly marked on the invoice included in the order packet.Refer to invoice for specific details regarding your purchase. Please contact the manufacturer for repairs orreplacements for non returnable parts. No return will be accepted after 7 days. In order to receive the maximum refund allreturns must be in original packaging, factory seals unbroken: all peripherals, manuals, software and factory enclosures must ncluded. All eligible returns may be subject to a 10% restocking fee and any applicable return shipping charges. To returnmerchandise, contact customer care at (888) 929-0735 or go on-line at [email protected] to obtain a returnauthorization. You voluntarily agree that any restocking and/or shipping charges will be paid via payroll deduction, or unless youcontact us to discuss alternative methods, via debit or credit card. If you are a Limited Enrollment Participant, you will not be able place another order until your account has been credited in full for the returned merchandise and the next limited enrollmentwindow is open. Unlimited Enrollment Participants may reorder once your account has been credited in full for the returnedmerchandise.

21. Returned Check/Failed Credit Transaction Charge. If any check, instrument or electronic authorization used to pay theamount you owe under this Agreement is not honored upon first presentment, even if the check, instrument or electronicauthorization is later honored, we may charge you a returned check fee of $30, or as permitted by state law. You agree that wemay add this fee to the outstanding balance of your Account.22. No Waiver By Us. We reserve the right to delay or refrain from enforcing any of our rights under this Agreement withoutosing them. For example, we can extend the time for making certain payments without extending others or we can accept late orpartial payments without waiving our right to have future payments made when they are due.23. Entire Agreement. This Agreement constitutes the entire Agreement between you and us regarding you purchase of thecomputer bundle as described above, and there shall be no amendment to this Agreement unless the amendment is in writing andsigned by both you and us.

This Agreement contains a binding arbitration provision . By signing the Authorization Page or providing your digitalsignature, you warrant that, if you leave the employer whom you have authorized to send payment to us for this purchase, you wiauthorize that employer to pay the balance of your purchase in full. If we are required to refer your account to an attorney forcollection, you agree to pay reasonable attorneys’ fees and court costs incurred by us as permitted by the laws of your state of

residence (unless you are a resident of Wisconsin). You hereby affirm that the above employment and wage information is true ancorrect. You hereby authorize Purchasing Power to confirm this information with your employer and direct your employer to providhis information to Purchasing Power. You further acknowledge that you have read, understand, and agree to all of the

terms of this Agreement.

STATE LAW REQUIRES US TO GIVE YOU THE FOLLOWING NOTICES:

The applicant, if married, may apply for a separate account. After credit approval each applicant shall have the right to use thisAccount to the extent of any credit limit set by the creditor and each applicant may be liable for all amounts of credit extendedunder this Account to any joint applicant.

New York Residents: New York residents may contact the New York State Banking Department at 800-518-8866 to obtain acomparative listing of credit card rates, fees, and grace periods.

OHIO RESIDENTS: THE OHIO LAWS AGAINST DISCRIMINATION REQUIRE THAT ALL CREDITORS MAKE CREDIT EQUALLY

AVAILABLE TO ALL CREDITWORTHY CUSTOMERS, AND THAT CREDIT REPORTING AGENCIES MAINTAIN SEPARATE CREDITHISTORIES ON EACH INDIVIDUAL UPON REQUEST. THE OHIO CIVIL RIGHTS COMMISSION ADMINISTERS COMPLIANCE WITH THLAW.

Wisconsin Residents: If you are married and are applying for an Individual Account, combine your and your spouse's financialnformation. Marital Agreement Notice - No provision of a marital property Agreement, unilateral statement under Sec. 766.59 WisStats., or court decree under Sec. 766.70 Wis. Stats., will adversely affect our rights unless we are furnished a copy of theAgreement, statement or decree, or we have actual knowledge of its terms, before credit is granted or the account is opened.




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This Privacy Statement explains how we use, and to whom we disclose, the non-public personal information (“Personal Informationof our customers and consumers. We reserve the right to change this Privacy Statement from time to time consistent with applicabprivacy laws.

In the course of our business, we may collect Personal Information about you from the following sources:

- From applications or other forms we receive from you or your employer- From your transactions with, or from the services being performed by, us;- From consumer reporting or credit agencies;- From other financial institutions, with your consent, in order to determine your eligibility for our products or services;and- From publicly available databases and records.

Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information

We maintain physical, electronic and procedural safeguards to guard your Personal Information. We limit access to the Personalnformation only to those employees or contractors who need such access in connection with providing products or services to you

or for other legitimate business purposes.n addition, we have implemented specific security measures to address the confidentiality of Personal Information transmittedhrough our Site. Visitors are offered the option of using a secure server before accessing account information. The secure server

encrypts all information prior to transmission and stores that information securely. We also use Secure Sockets Layer (SSL) toencrypt information during transmission. Of course, we cannot guarantee the confidentiality of information transmitted to us throughe Internet or e-mail. For transmission of sensitive information, please feel free to call us at 888-923-6236 or write us at 1375

Peachtree Street, Suite 555, Atlanta, GA 30309

Our Policies and Practices Regarding the Sharing of Your Personal Information

We do not sell or otherwise disclose your Personal Information to non-affiliated third parties except as set forth in this PrivacyStatement.

- We may disclose your Personal Information to third-party financial institutions, consumer reporting or creditagencies to determine your eligibility for the product or service you have requested from us.- We may disclose your Personal Information to third parties who provide services or perform functions on our behalf,or who process or service our transactions with you.

When we share your Personal Information with third parties in either of these circumstances, we instruct these parties that suchnformation may be used only for the limited purpose for which it was shared, and we do not allow these third parties to share youPersonal Information with others except to fulfill that limited purpose. We may aggregate your Personal Information with that of ouother customers and disclose this aggregated, non-personal data to third parties with whom we do business.We, however, assume no responsibility if these third parties use your Personal Information for purposes not allowed by PurchasingPower.n addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do s

or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted byapplicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,ransaction or relationship with you.

Privacy Policy




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WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT. Arbitration is a process in which persons with a dispute: (a) give uheir rights to file a lawsuit and proceed in court, and to have a jury trial to resolve their disputes; and (b) agree, instead, to submheir disputes to a neutral third person (an “arbitrator”) for a decision. The arbitrator will issue a decision resolving the dispute. Th

arbitrator's decision is final and binding upon the parties, and may be enforced as a court judgment. A court rarely overturns anarbitrator's decision.

YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:1. For purposes of this Agreement, the words "dispute" and "disputes" are given the broadest possible meaning and include, withouimitation (a) all federal or state law or constitutional claims, arising from or relating directly or indirectly to the Application, thisAgreement (including the arbitration provisions and the fees charged), or any prior agreement or agreements between you and usall counterclaims, cross-claims and third-party claims; all common law claims; all claims asserted by us against you; all claimsasserted by you individually or as a private attorney general, as a representative and/or member of a class of persons, or in anyother representative capacity, against us and/or any of our members, employees, agents, managers, officers, shareholders,directors, parents or affiliated entities (collectively referred to as "related third parties").2. Except as provided in Paragraph 4 below, all disputes, including the validity of the arbitration provisions shall be resolved bybinding arbitration. Any party to a dispute, including related third parties, may send the other party written notice by certified mailreturn receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, evena lawsuit has been filed. Regardless of who demands arbitration, you may select any of the following arbitration organizations toadminister the arbitration: the American Arbitration Association (1-800-778-7879) http://www.adr.org, J.A.M.S./Endispute (1-800-626-5267) http://www.jamsadr.com, or National Arbitration Forum (1-800-474-2371) http://www.arb-forum.com. The partyreceiving notice of arbitration must respond in writing by certified mail return receipt requested within twenty (20) days. If youdemand arbitration, you must inform us in your demand of the arbitration organization you have selected. If we or a third partydemand arbitration, you must notify us within twenty (20) days in writing, by certified mail return receipt requested, of thearbitration organization you have selected. If you fail to notify us, then we have the right to select an arbitration organization. Theparties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumerdisputes, to the extent those rules and procedures do not contradict the express terms of this Agreement, including the limitationson the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above3. If you demand arbitration, then at your request we will advance your portion of the expenses associated with the arbitration,ncluding the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"), to the extent such exceed the court costs youwould have incurred if you had filed the dispute in a state court with jurisdiction. If related third parties or we demand arbitration,hen at your written request we will advance your portion of the Arbitration Fees. Throughout the arbitration, each party shall bear

his or her own attorneys' fees and expenses, such as witness and expert witness fees. If the arbitrator renders a decision or anaward in your favor resolving the dispute, then you will not be responsible for reimbursing us for your portion of the ArbitrationFees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or aaward in your favor resolving the dispute, then the arbitrator shall require you to reimburse us for the Arbitration Fees we haveadvanced, not to exceed the amount which would have been assessed as court costs if the dispute had been resolved by a state

court with jurisdiction, less any Arbitration Fees previously paid. THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATIOTHE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR INANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. The arbitrator shall apply applicablesubstantive law consistent with the Federal Arbitration Act ("FAA"), and applicable statutes of limitation. The arbitration hearing wilbe conducted in the county of your residence, or within 30 miles from such county, or in the county in which the transaction underhis Agreement occurred, or in such other place as shall be ordered by the arbitrator. The arbitrator's award may be filed with any

court having jurisdiction.4. All parties shall retain the right to proceed in a small claims tribunal for disputes within the scope of such tribunal's jurisdiction.Any complaint, counter-claim, third party complaint, class action, or any other dispute which cannot be resolved within theurisdiction of a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunshall be resolved de novo by binding arbitration.5. You acknowledge and agree that by entering into this Agreement:a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED

THIRD PARTIES;b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE

ALLEGED AGAINST US OR RELATED THIRD PARTIES; and

(c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANYOTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUITFILED AGAINST US AND/OR RELATED THIRD PARTIES.6. Our agreement to arbitrate is made pursuant to the FAA, because the transaction evidenced by this Agreement involves interstacommerce. If a final non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAdoes not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of Georgia7. This WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT is binding upon and benefits you and us, each of ourrespective heirs, successors and assignees, and related third parties. This arbitration provision continues in full force and effecteven if your obligations have been paid or discharged through bankruptcy. This arbitration provision survives any termination,amendment, expiration or performance of any transaction between you and us. If any of this WAIVER OF JURY TRIAL ANDARBITRATION AGREEMENT is held invalid, the remainder shall remain in effect.

ADDITIONAL TERMS ANDCONDITIONS OF THIS AGREEMENT




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¡Atención para usuarios del beneficio para compra de computadoras!

Anunciando nuevas maneras convenientes de manejar su cuenta y de localizar solucionar problemas de hardware y programación

Servicios de administración de cuentas - tenga acceso a la información de su cuenta incluyendo, a la historia de pago, fechade rentabilidad y a otras transacciones.

Tenga acceso a su cuenta 24/7 para respuestas a las preguntas mas comunes, a los números de teléfono de los fabricantes,balances de su cuenta y mucho más. Solo conéctese a www.tyson.purchasingpower.com.

Si usted no tiene acceso al Internet, usted podrá utilizar nuestro nuevo sistema automatizado de voz o para hablar con unrepresentante marcando nuestro número 1-888-923-6236.

Problemas técnicos - si usted está experimentando problemas con su computadora, software u otro periférico:

Llame el número gratis de la ayuda técnica asociado a la marca de su computadora enumerado abajo.

Usted necesitará el número de serie de su producto situado en el lado trasero, delantero o inferior de su torre o portátil.

La ayuda técnica necesitará saber la dirección de envió.

Esté preparado para que el soporte técnico lo guié y al mismo tiempo examine su sistema. El soporte técnico podrá tomar bastante tiempo y usted deberá permanecer al frente de su computadora hasta que la ayuda

técnica termine.

Si usted no está satisfecho con el diagnosis o dirección de soporte técnico, pida asistencia para hablar con un supervisor.

Soporte técnico satisfactorio es parte de su garantía, insista en recibirlo.

La ayuda avanzada publica – si después de los pasos anteriores el supervisor de soporte técnico no pudo resolver su problempor favor siga los siguientes pasos.

Visite www.tyson.purchasingpower.com y contacte nuestro servicio al cliente vía e-mail con una descripción detallada de problema. Incluya por favor cualquier número del caso, nombres y número de teléfono que usted tenga. Usted tambiénnecesitará seleccionar la garantía sujeta o ediciones técnicas al llenar el formulario del e-mail. Uno de nuestros representantelo contactara para asistirlo.

Ayuda Técnica De la Impresora Ayuda Técnica l De la ComputadoraLexmark: (inglés y español) 1-800- 539-6275 Dell: (Inglés) 1-800-624-9896Epson: 1-800-965-3585 (inglés y español) Dell: (Español) 1-877-839-5123Gateway: (inglés y español) 1-800-846-2301




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E-FILED 2015 FEB 13 2:13 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

ALCO Capital Group, LLC

PlaintiffVs.

Malcolm Smith

Defendant(s)

By this filing, I (we) dismiss our claim(s) (check only one of the following):

_ With prejudice (I (we) cannot refile the claim(s)).

X Without prejudice (I (we) may refile the claim(s)).

/s/ Charles L. Litow

Attorney For Plaintiff-

Charles L. Litow- AT0004732

Cory Speth AT0007457

Wright, Lerch & Litow

2001 Reed Road, Ste 100

Fort Wayne, IN 46815260-423-6655

2014023746

Dismissal

Case No. SCSC015574

E-FILED 2015 MAR 15 1:09 PM SAC - CLERK OF DISTRICT COURT