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

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

ALCO Capital Group, LLC
Plaintiff's Name
c/o Wright, Lerch & Litow
2001 Reed Road, Suite 100
Fort Wayne, IN 46815
Address
Vs.

Original Notice and Petition for a

Money Judgment

Malcolm Smith

Name

Small Claim No.

206 Maple Street, Early, IA 50535

Address

If you need assistance to participate in court due

to a disability, call the disability coordinator at
(712)662-7791 . Persons who are hearing or
speech impaired may call Relay Iowa TTY (1800-735-2942).
Disability coordinators cannot provide legal
advice.

Defendant(s)
TO DEFENDANT(S):
1.

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

2.

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

3.

You must electronically file the Appearance and Answer using the Iowa Judicial Branch Electronic
Document Management System (EDMS) at https://www.iowacourts.state,ia.us/EFile, unless you
obtain 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 receive
electronic 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 the
attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from
electronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s).

6.

You must also notify the clerks office of any address change.

/s/ Charles L. Litow

Attorney For PlaintiffCharles Litow-AT0004732
Cory Speth AT0007457
2001 Reed Road, Suite 100
Fort Wayne, IN 46815
Phone (260) 423-6655
2014023746

*2014023746*

*CTFILD*

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

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

IN THE IOWA DISTRICT COURT FOR SAC COUNTY, IOWA

ALCO Capital Group, LLC
Plaintiff
Vs.
Malcolm Smith
Defendant(s)

Case No.

VERIFICATION OF JUDGMENT
DEBTOR, AND CERTIFICATE
RE MILITARY SERVICE

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 of
the 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. Reppen

Affiant

2014023746

2015 Data
JAN 21
2:21 PM SAC - CLERK OF DISTRICT COURT
Department of DefenseE-FILED
Manpower
Center

Results as of : Jan-01-2015 11:05:39 AM

SCRA 3.0

Last Name: SMITH

First Name: MALCOLM
Middle Name:
Active Duty Status As Of: Jan-01-2015
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

Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
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

E-FILED
2015
JAN 21 2:21
SAC - of
CLERK
DISTRICT
COURT
The Defense Manpower Data Center
(DMDC) is
an organization
of thePM
Department
DefenseOF
(DoD)
that maintains
the Defense Enrollment and Eligibility
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 as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual 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 the
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 Active
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 less
than 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 the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
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 Cases

Coverage 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 be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
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 service.
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 not
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 SCRA
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 SCRA
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

1375
Peachtree Street, Suite 555
E-FILED 2015 JAN 21 2:21 PM SAC - CLERK OF DISTRICT
COURT
Atlanta, GA 30309
customerservice@purchasingpower.com
www.PurchasingPower.com
(866) 305-3390 Customer Care
(866) 741-3919 Return Fax

MALCOLM SMITH
206 Maple St.
Early, IA 50535

DATE: 1/28/2012
REFERRING 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 Packet.
There may be additional forms you must submit to complete your order!
Simply fax, email, or mail a copy of the required documents* listed below.Once we have received your completed
documents 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 SHIPPED
FROM THE SUPPLIER - refer to the invoice within this Order Packet for specific details on your merchandise.
Thank you for choosing the Purchasing Power program!

*REQUIRED DOCUMENTS
Required Documents

Document Description

Status

AUTHPAGE

AUTHPAGE

Received

PAYSTUB

PAYSTUB

Not Received

486295

Page 1 of 12 for Order : TYSSMIT927595

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

1375 Peachtree Street
Suite 555
Atlanta, GA 30309
customerservice@purchasingpower.com
(866) 305-3390 Customer Care
(866) 741-3919 Return Fax

AUTHORIZATION PAGE
Order ID:

TYSSMIT927595

Name:

MALCOLM SMITH

Billing Address:

206 Maple St.

Early, IA 50535

Home Phone:

(713)273-5170

Shipping Address:

206 Maple St
Early, IA 50535

Date of Order:

1/28/2012

Payment Amount:

$84.00

Financing Rate:

0%

Payment Frequency:

bi-weekly

For Administrative Use Only

Session:
TimeStamp:
Last 4 SSN:

E-Signature Information
8a92bb4b33ff56d90135263928b463a0
1/28/2012 4:32:39 PM
0011

IP Address:
Browser:

184.8.202.88
None Captured

As stated in the agreement, Purchasing Power requires a backup payment method in case of default
Backup Payment
Name on card:
Billing Address:

MALCOLM SMITH
206 Maple St.
Early, IA 50535

CREDIT CARD
Type of Card:
Card #:
Exp. Date:

VISA
XXXXXXXXXXXX0633
12/2012

If backup Payment information was required and provided and/or provided during this transaction You, the Bank, are authorized to charge
my account to cover periodic payments for my purchases from Purchasing Power, L.L.C. I hereby request that you debit my account for the
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 statement.
I agree that if any payment is not honored, whether intentionally or inadvertently, then You, the Bank, shall be under no liability whatsoever,
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 blank spaces to be filled in. (2) You are entitled to
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 full
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
furnished upon request. (5) Residents of MA: You may cancel a purchase under this Agreement if it has been signed by a party thereto at 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 a
purchase under this Agreement. (6) Residents of WA: You may cancel any purchases made under this charge Agreement if the seller or his
representative solicited in person such purchase, and you sign an Agreement for such purchase, at a place other than the seller's business
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 of
goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid
by the debtor hereunder.

486295

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

ORDER DETAILS
DELIVERY INFORMATION
Your order should arrive within 14 to 28 days. Therefore, please wait at least 14 days before contacting Purchasing Power to check
on your order status. Your order will arrive packaged in up to 5 boxes sent by a commercial shipper (UPS, DHL, or FEDEX). If you
ordered 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 to
deliver 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 time
to make arrangements for a pickup. If you miss all three delivery attempts, your order may be sent back to the supplier. Unless the
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 the
supplier a cancellation request is considered a "RETURN", subject to the following stipulations. ITEMS DELIVERED BY FREIGHT AND
OTHER SELECT PRODUCTS ARE NOT RETURNABLE ONCE THE PRODUCT HAS SHIPPED FROM THE SUPPLIER - refer to invoice for
specific details regarding your purchase. COMMERCIAL SHIPPER (i.e. UPS, FedEX, DHL) returns for; failed multiple delivery attempt,
refusal 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 opened
merchandise are subject to a restocking fee equal to 50% of the purchase price. Unopened Cartons: All returns and exchanges of
merchandise that has not been opened are subject to a restocking fee equal to 25% of the purchase price. Certain Freight Items
cannot be returned, see invoice for details. These fees may be waived if (in supplier determination) they are due to damage caused
by delivery.
EXCHANGE POLICY
Exchanges for damaged or defective product must be requested within 7 calendar days from the date your merchandise is
delivered. No exchanges can be processed through Purchasing Power after 7 days from delivery; after that time you should refer to
your manufacturer's warranty for details on how to deal with your specific situation. All claims for damage items delivered by freight
must 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 of
Purchasing Power's Refer & Earn Program, visit www.PurchasingPower.com/referandearn.

486295

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

1375 Peachtree Street, Suite 555,
Atlanta, GA 30309
customerservice@purchasingpower.com
(866) 741-3919 Return Fax

INVOICE - Date: 1/28/2012

Name

Microsoft Office 2010 Home & Student - Dell Promo

Return Policy:
Warranty:
Model:
Bundle Sku:

Quantity

Item Price

$112.00

$64.00

$1,414.99

$499.00

7 Days Receipt, Unopened

No Warranty On Software
Home & Student 2010
1052821

SquareTrade 3-Year Desktop Warranty

Sku: 1097893

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

D300B3
Model:
Bundle Sku:
Monitor:
Processor:
Memory:
Keyboard/Mouse:
Video Card:
Hard Drive:
Optical Drives:
Internet Connectivity:
Sound Card:
Speakers:
Operating System:
Productivity Software:
Virus Software:
Warranty:
Gift Card:
Printer Model:
Printer Type:
Return Policy:
Additional Item:

Inspiron 620 Slimtower

1226894
23in
Intel Core I5 3.0ghz
6gb
Included
Amd Radeon Hd 6450
500 Gb
Dvd-Rw
Wireless, Nic
Integrated
Dell Ay410t1
Windows 7 Home Premium
Not Included
Norton 360 All-In-One Security
1 Year Limited
Not Included
Dell V515wn
Wireless All-In-One
7 Days From Receipt, Unopened
Surge

Horizon RC-30 Exercise Bike with FREE MAT

Product Weight:
Dimensions:
Delivery And Setup:
Return Policy:
Warranty:
Model:
Bundle Sku:

106lbs
52inh X 26inw X 66inl
Assembly Required
No Returns Allowed
Lifetime Frame, 3yr Parts
Rc-30
1345891

Subtotal: $2,089.99
Discount/Savings:
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.

$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

486295

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

FEDERAL TRUTH-IN-LENDING DISCLOSURES

ANNUAL
PERCENTAGE
RATE

FINANCE
CHARGE

The cost of your

credit as a yearly
rate.

The dollar
amount the
credit will cost
you.

0%

$0.00

Amount Financed

Total Of Payments

Total Sale Price

The amount of credit provided

to you on your behalf.

The amount you will have paid

after you have made all of your
payments as scheduled.

The total cost of your purchase

on credit, including your down
payment of

$2,184.00

$2,184.00

$2,184.00

Your payment schedule will be:

Number of
Payments

Amount of
Payments

26

$84.00

Your Payments will be:

bi-weekly
Starting 2/11/2012, or your next paydate
thereafter.

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.
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.

486295

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

1375 Peachtree Street
Suite 555
Atlanta, GA 30309
customerservice@purchasingpower.com
(866) 305-3390 Customer Care
(866) 741-3919 Return Fax

Merchandise Order Form/Retail Installment Sales Agreement

ORDER INFORMATION
Name:

MALCOLM SMITH

Employer:

TYSON FOODS

SSN:

XXX-XX-0011

Employment Status:

FULL TIME

Home Phone:

(713)273-5170

Work Phone:

Cell Phone:

(580)461-6046

Date of Hire:

2/15/2005

Pay Frequency

BI-WEEKLY

Email Address:

malcolms17@gmail.com

Ship To Name:

MALCOLM SMITH

Billing Address:

206 Maple St.

Early, IA 50535

Shipping Address:

206 Maple St
Early, IA 50535

Fax:

Additional Information: Tenure Eligibility Requirement: 24 months

Salary Eligibility Requirement: $16,000.00 per year
Term of Agreement: 12 months from the start of this Agreement
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 Installment
Contract (Agreement) the words you and your refer to any person who signs this Agreement (Buyer). The words w e , 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 entire
amount of the purchase, as well as any all other applicable charges, as mentioned below, according to the terms of this Agreement.
2. When Effective. Your signature to this Agreement is your consent to the terms of this Agreement with Purchasing Power and
acknowledgement of delivery of a copy of this Agreement to you. Therefore, before you sign this Agreement you should read this
entire Agreement, which includes terms and conditions relating to a payroll deduction program and shopping services, as well as the
cost-of-credit disclosures required by federal law. This Agreement will become effective immediately upon your delivery to us of the
Agreement, 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 the
payment schedule without penalty.
4. Certifications and Representations. You certify and represent the following: a) that you meet the tenure eligibility
requirement listed in the Additional Information section above, b) that you have not submitted your resignation nor elected to
retire and you do not anticipate resigning or retiring for at least twelve months; c) that you meet the salary eligibility requirement
listed in the "Additional Information" section above; d) that you are currently, actively employed, receiving your full salary, and not
on an authorized leave of absense; and e) that you are not presently the subject of any court ordered garnishments or other legal
impediments that will adversely affect your ability to make the payments described herein via payroll deduction. If you are the
subject of court ordered garnishments, you agree to submit a copy of your last pay stub to us for review prior to our placing the
order for your computer and you understand that we reserve the sole right to determine whether we will extend credit to you for
purchase of a computer based upon our evaluation of your ability to make payments. If you are presently in bankruptcy, you agree
to 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 supplier.
Purchasing Power will make every effort to ensure that your purchase is shipped before the second deduction is taken from your
paycheck, but you further acknowledge and agree that payment deductions may be taken prior to shipping or receipt of your
purchase.
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 to
sign for the product. Items that require freight delivery are limited to the contiguous 48 United States; at freight carrier discretion
inside delivery may not be available in your area. You agree that as long as the shipper delivers the product to the address
requested and someone who works at that location or lives at that address signs for the package, we will have met the obligation of
delivery and you agree to be responsible for collecting the packages from the signer. If you are unable to arrange for a signature
upon delivery, you are responsible for coordinating alternative shipping arrangements. The nearest UPS, Federal Express or other
carrier package center may be chosen as the delivery location for pickup, but if the package is returned to the supplier due to
delivery problems, you will be responsible for any additional charges. Missing Items: If you are missing items from your order you
have up to 45 days after accepting this agreement to initiate a missing item claim with customer service. After that time we cannot
guarantee that the supplier or Shipper will be able to track down these items due to system limitations. In the event that you fail to
file 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 your
paychecks in accordance with the payroll deduction plan voluntarily elected herein, and this amount is to be paid to Purchasing
Power. A deduction in the amount specified shall be taken from each paycheck for the period of time elected herein.

486295

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

8. Application of Payments. Unless otherwise required by a particular states laws, all payments received will be applied first to
outstanding fees (if any), then accrued and unpaid interest (if any), and then the oldest open installment invoice. If you have more
than one purchase Agreement with Purchasing Power, your account will be handled in total and all payments received will be applied
as noted previously without preference to a specific purchase Agreement. In the event a payment is received by Purchasing Power
that is more than the scheduled payment amount due for the period when it is received, Purchasing Power shall apply that payment
to 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 understand,
and 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 or
involuntary. You also voluntarily agree to execute any documents required upon termination to authorize such withholding of your
final 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 received
your last paycheck upon any termination of your employment, that you will pay the remaining balance directly to Purchasing Power.
If 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 extent
permitted 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 a
default under the terms of this Agreement. You further acknowledge and agree that upon occurrence of a default or failure to pay
under this Agreement, Purchasing Power may, at its option after notice to the address provided herein, declare the entire
indebtedness of principal and interest to be immediately due and payable. If the Account is referred to an attorney who is not our
salaried employee, you agree to pay our reasonable attorneys fees, but only to the extent and in the amount permitted by
applicable 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,
then in the event of any default, you voluntarily agree and authorize Purchasing Power to either debit your bank account for the
amount owed or charge the amount owed to the credit card provided herewith, and you agree and acknowledge that Purchasing
Power may, at its option, and to the extent permitted by law, either debit or charge the entire balance due or the periodic payments
until 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 the
Additional Information section above and you agree that the amount of your periodic deduction may be adjusted upward to cover
any past due amount resulting from an absence or other failure to pay/collect so that the amount due shall be repaid within the
terms 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 notify
Purchasing Power and make alternative arrangements to make your payments during such time that you are not receiving a regular
paycheck. You should contact us at 1-888-923-6236, ext. 5149 to discuss the available options with our collections department. You
hereby acknowledge that you will be liable for the entire balance, and that you will promptly pay the past due balance upon
returning to work or from the proceeds of any severance payment, workers compensation settlement or any other accrual
payment. 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 two
scheduled 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 under
the 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 have
under state law to receive notice of default and to cure such default, to repossess or otherwise dispose of any or all of the products
purchased herein, as permitted by state law, and to avail ourselves of any other or additional legal remedies. Customers shall, to
the 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 and
you understand that Purchasing Power may collect such data and/or report your payment history to any credit bureau. Upon your
request, we will tell you whether or not a credit report was requested and the name and address of any consumer credit reporting
agency that furnished the report. You also authorize us to report your performance under this Agreement to credit bureaus and
others 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 by
applicable 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 address
given to us, you are entitled to return your merchandise. ITEMS DELIVERED BY FREIGHT (typically oversized boxes or items
heavier than 70 lbs) AND OTHER SELECT PRODUCTS ARE NOT RETURNABLE ONCE THE PRODUCT HAS SHIPPED FROM
THE 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 or
replacements for non returnable parts. No return will be accepted after 7 days. In order to receive the maximum refund all
returns must be in original packaging, factory seals unbroken: all peripherals, manuals, software and factory enclosures must be
included. All eligible returns may be subject to a 10% restocking fee and any applicable return shipping charges. To return
merchandise, contact customer care at (888) 929-0735 or go on-line at customerservice@purchasingpower.com to obtain a return
authorization. You voluntarily agree that any restocking and/or shipping charges will be paid via payroll deduction, or unless you
contact us to discuss alternative methods, via debit or credit card. If you are a Limited Enrollment Participant, you will not be able to
place another order until your account has been credited in full for the returned merchandise and the next limited enrollment
window is open. Unlimited Enrollment Participants may reorder once your account has been credited in full for the returned
merchandise.
21. Returned Check/Failed Credit Transaction Charge. If any check, instrument or electronic authorization used to pay the
amount you owe under this Agreement is not honored upon first presentment, even if the check, instrument or electronic
authorization is later honored, we may charge you a returned check fee of $30, or as permitted by state law. You agree that we
may 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 without
losing them. For example, we can extend the time for making certain payments without extending others or we can accept late or
partial 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 the
computer bundle as described above, and there shall be no amendment to this Agreement unless the amendment is in writing and
signed by both you and us.
This Agreement contains a binding arbitration provision . By signing the Authorization Page or providing your digital
signature, you warrant that, if you leave the employer whom you have authorized to send payment to us for this purchase, you will
authorize that employer to pay the balance of your purchase in full. If we are required to refer your account to an attorney for
collection, 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 and
correct. You hereby authorize Purchasing Power to confirm this information with your employer and direct your employer to provide
this 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 this
Account to the extent of any credit limit set by the creditor and each applicant may be liable for all amounts of credit extended
under 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 a
comparative 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 CREDIT
HISTORIES ON EACH INDIVIDUAL UPON REQUEST. THE OHIO CIVIL RIGHTS COMMISSION ADMINISTERS COMPLIANCE WITH THIS
LAW.
Wisconsin Residents: If you are married and are applying for an Individual Account, combine your and your spouse's financial
information. Marital Agreement Notice - No provision of a marital property Agreement, unilateral statement under Sec. 766.59 Wis.
Stats., or court decree under Sec. 766.70 Wis. Stats., will adversely affect our rights unless we are furnished a copy of the
Agreement, statement or decree, or we have actual knowledge of its terms, before credit is granted or the account is opened.

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Privacy Policy
This Privacy Statement explains how we use, and to whom we disclose, the non-public personal information (Personal Information)
of our customers and consumers. We reserve the right to change this Privacy Statement from time to time consistent with applicable
privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
- From
- From
- From
- From
and
- From

applications or other forms we receive from you or your employer

your transactions with, or from the services being performed by, us;
consumer reporting or credit agencies;
other financial institutions, with your consent, in order to determine your eligibility for our products or services;
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 Personal
Information 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.
In addition, we have implemented specific security measures to address the confidentiality of Personal Information transmitted
through 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) to
encrypt information during transmission. Of course, we cannot guarantee the confidentiality of information transmitted to us through
the 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 Privacy
Statement.
- We may disclose your Personal Information to third-party financial institutions, consumer reporting or credit
agencies 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 such
information may be used only for the limited purpose for which it was shared, and we do not allow these third parties to share your
Personal Information with others except to fulfill that limited purpose. We may aggregate your Personal Information with that of our
other 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 Purchasing
Power.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so,
or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by
applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.

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ADDITIONAL TERMS AND

CONDITIONS OF THIS AGREEMENT
WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT. Arbitration is a process in which persons with a dispute: (a) give up
their rights to file a lawsuit and proceed in court, and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit
their disputes to a neutral third person (an arbitrator) for a decision. The arbitrator will issue a decision resolving the dispute. The
arbitrator's decision is final and binding upon the parties, and may be enforced as a court judgment. A court rarely overturns an
arbitrator'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, without
limitation (a) all federal or state law or constitutional claims, arising from or relating directly or indirectly to the Application, this
Agreement (including the arbitration provisions and the fees charged), or any prior agreement or agreements between you and us;
all counterclaims, cross-claims and third-party claims; all common law claims; all claims asserted by us against you; all claims
asserted by you individually or as a private attorney general, as a representative and/or member of a class of persons, or in any
other 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 by
binding arbitration. Any party to a dispute, including related third parties, may send the other party written notice by certified mail
return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if
a lawsuit has been filed. Regardless of who demands arbitration, you may select any of the following arbitration organizations to
administer the arbitration: the American Arbitration Association (1-800-778-7879) http://www.adr.org, J.A.M.S./Endispute (1-800626-5267) http://www.jamsadr.com, or National Arbitration Forum (1-800-474-2371) http://www.arb-forum.com. The party
receiving notice of arbitration must respond in writing by certified mail return receipt requested within twenty (20) days. If you
demand arbitration, you must inform us in your demand of the arbitration organization you have selected. If we or a third party
demand arbitration, you must notify us within twenty (20) days in writing, by certified mail return receipt requested, of the
arbitration organization you have selected. If you fail to notify us, then we have the right to select an arbitration organization. The
parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer
disputes, to the extent those rules and procedures do not contradict the express terms of this Agreement, including the limitations
on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above.
3. If you demand arbitration, then at your request we will advance your portion of the expenses associated with the arbitration,
including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"), to the extent such exceed the court costs you
would have incurred if you had filed the dispute in a state court with jurisdiction. If related third parties or we demand arbitration,
then 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 an
award in your favor resolving the dispute, then you will not be responsible for reimbursing us for your portion of the Arbitration
Fees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or an
award in your favor resolving the dispute, then the arbitrator shall require you to reimburse us for the Arbitration Fees we have
advanced, 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 ARBITRATION.
THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN
ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. The arbitrator shall apply applicable
substantive law consistent with the Federal Arbitration Act ("FAA"), and applicable statutes of limitation. The arbitration hearing will
be conducted in the county of your residence, or within 30 miles from such county, or in the county in which the transaction under
this 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 the
jurisdiction of a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunal
shall 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 ANY
OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT
FILED 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 interstate
commerce. If a final non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA
does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of Georgia.
7. This WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT is binding upon and benefits you and us, each of our
respective heirs, successors and assignees, and related third parties. This arbitration provision continues in full force and effect
even 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 AND
ARBITRATION AGREEMENT is held invalid, the remainder shall remain in effect.

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Attention Users of Tysons Computer Purchase Benefit!

Announcing several new and convenient ways to manage your account and troubleshoot hardware and software problems.
Account Management Services - Access account information including, payment history, pay-off dates and other transactions.

Access your account 24/7 for answers to common questions, helpful phone numbers, account balances and more. Just visit
www.tyson.purchasingpower.com.

If you are unable to use the web to access your account, use our new automated voice system or speak with a live service
representative by dialing our toll-free number at 1-888-923-6236.

Technical Problems - If you are experiencing problems with your computer, software or other peripherals:

Call the toll-free technical support number associated with the brand name of your computer/equipment listed below.

Technical support will need your products serial number located on the back, front or bottom side of your computer/equipment.

Technical support will need to know that your account is a ship to account.

Be prepared to let technical support trouble shoot or walk you through an examination of your computer/equipment.

Trouble shooting can take time and you will need to be in front of your equipment to complete this process.

If you are not satisfied with technical supports diagnosis or handling of your problem, ask to speak to a supervisor.

Satisfactory technical support is part of your warranty, insist upon it.

Advanced Support Issues - If after following the steps above, you still have computer/equipment problems that the
manufacturers supervisor was unable to resolve, please take the following steps:

Visit www.tyson.purchasingpower.com and contact customer care via email with a detailed description of your issue. Please
include any case numbers, names and telephone numbers you may have. You will also need to select subject Warranty or
Technical Issues when completing the email form. Customer care will contact you shortly thereafter for assistance.

Printer Technical Support

Lexmark: (English and Spanish) 1-800- 539-6275
Epson: (English and Spanish) 1-800-965-3585
Gateway: (English and Spanish) 1-800 846-2301

Computer Technical Support

Dell: (English) 1-800-624-9896
Dell: (Spanish) 1-877-839-5123

Please keep this reference sheet for future use

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Atencin para usuarios del beneficio para compra de computadoras!

Anunciando nuevas maneras convenientes de manejar su cuenta y de localizar solucionar problemas de hardware y programacin.
Servicios de administracin de cuentas - tenga acceso a la informacin de su cuenta incluyendo, a la historia de pago, fechas
de rentabilidad y a otras transacciones.

Tenga acceso a su cuenta 24/7 para respuestas a las preguntas mas comunes, a los nmeros de telfono de los fabricantes,
balances de su cuenta y mucho ms. Solo conctese a www.tyson.purchasingpower.com.

Si usted no tiene acceso al Internet, usted podr utilizar nuestro nuevo sistema automatizado de voz o para hablar con un
representante marcando nuestro nmero 1-888-923-6236.

Problemas tcnicos - si usted est experimentando problemas con su computadora, software u otro perifrico:

Llame el nmero gratis de la ayuda tcnica asociado a la marca de su computadora enumerado abajo.

Usted necesitar el nmero de serie de su producto situado en el lado trasero, delantero o inferior de su torre o porttil.

La ayuda tcnica necesitar saber la direccin de envi.

Est preparado para que el soporte tcnico lo gui y al mismo tiempo examine su sistema.

El soporte tcnico podr tomar bastante tiempo y usted deber permanecer al frente de su computadora hasta que la ayuda
tcnica termine.

Si usted no est satisfecho con el diagnosis o direccin de soporte tcnico, pida asistencia para hablar con un supervisor.

Soporte tcnico satisfactorio es parte de su garanta, insista en recibirlo.

La ayuda avanzada publica si despus de los pasos anteriores el supervisor de soporte tcnico no pudo resolver su problema,
por favor siga los siguientes pasos.

Visite www.tyson.purchasingpower.com y contacte nuestro servicio al cliente va e-mail con una descripcin detallada de su
problema. Incluya por favor cualquier nmero del caso, nombres y nmero de telfono que usted tenga. Usted tambin
necesitar seleccionar la garanta sujeta o ediciones tcnicas al llenar el formulario del e-mail. Uno de nuestros representantes
lo contactara para asistirlo.

Ayuda Tcnica De la Impresora

Lexmark: (ingls y espaol) 1-800- 539-6275
Epson: 1-800-965-3585 (ingls y espaol)
Gateway: (ingls y espaol) 1-800-846-2301

Ayuda Tcnica l De la Computadora

Dell: (Ingls) 1-800-624-9896
Dell: (Espaol) 1-877-839-5123

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

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

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

ALCO Capital Group, LLC
Plaintiff
Vs.

Dismissal
Case No. SCSC015574

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 PlaintiffCharles L. Litow- AT0004732
Cory Speth AT0007457
Wright, Lerch & Litow
2001 Reed Road, Ste 100
Fort Wayne, IN 46815
260-423-6655

2014023746