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Charles K. Schwartz Sentenced

Allied Health Care Service Founder and President Charles K. Schwartz sentenced 16 years and three months in prison; ordered Schwartz to pay $80 million in restitution. IRS may also be seeking restitution.

http://www.bloomberg.com/news/2011-11-22/allied-health-care-founder-charles-schwartz-gets-16-years-in-leasing-fraud.html?cmpid=yhoo#

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Monday, November 21, 2011


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Today's Equipment Leasing Headlines

Chris Walker Funeral Mass
 eMails Received on the Passing of Chris Walker
  Alert---Peter O' Donnell
  Southeast Truck & Trailer Sales, Inc.
   Classified Ads---Sales Manager
 Bank Beat---"The Big Easy"
  The Millers in Polk County, Iowa
   Paramount Financial Services joins Broker/Lessor List
    EquipmentEngine joins Site Inspection List
  Career Crossroad—“Picture with resume?”
    Classified Ads---Help Wanted
Leasing 102 by Mr. Terry Winders, CLP
 Lessee Rights, Titles, Interest
  Top Leasing News Stories Nov. 14--Nov. 18
   Eugene, Oregon Adopt-a-Dog
News Briefs---
 Leasing Financing New Cool-n-Save Commercial Customers
  BNP Paribas Leasing Solutions European Lessor of the Year
   David C. Mirsky Elected to ELFA Biz Council Steering Committee
    Banks Try to Curb Expenses
     Former Georgia banker sentenced to prison over bank fraud
      St. Louis Mgr. Mike Matheny lost his home

Broker/Funder/Industry Lists | Features (collection)
Top Ten Stories Chosen by Readers | Top Stories last six months
 

What will climate change mean for California?
  You may have missed
    Sports Briefs---
     California Nuts Briefs---
    "Gimme that Wine"
      This Day in American History
       SuDoku
        Daily Puzzle
         GasBuddy
          Weather, USA or specific area
           Traffic Live----

######## surrounding the article denotes it is a “press release” and was not written by Leasing News nor information verified, but from the source noted. When an article is signed by the writer, it is considered a “by line.” It reflects the opinion and research of the writer. It is considered “bias” as it is the writer’s viewpoint.



[headlines]
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Chris Walker Funeral Mass


The Walker Family has announced the Funeral Mass for Chris Walker will be held today, Monday, November 21, 20:30am, All Saints Catholic Church, Cedar Rapids, Iowa.
http://www.caringbridge.org/visit/chriswalker

Obituary

R. Christopher Walker, 56, of 3590 Cottage Grove Ave. SE died Friday November 18, 2011 at his home. Funeral Mass: 10:30 AM on Monday at All Saints Catholic Church. Rev. David O’Connor will officiate. Inurnment at Cedar Memorial Park Cemetery. Friends may call at the Cedar Memorial Park Funeral Home from 2 to 5 PM on Sunday where there will be a vigil service at 2:00 PM.

Survivors include his wife, Jean, a daughter, Madeline; his mother Joann Walker; two sisters, Cindy (Dennis) Nodorft and Patty Walker and a brother Michael (Gretchen). He was preceded in death by his father.

Chris was born in Des Moines, Iowa on September 13, 1955 to Robert and Joann Walker. He married Jean Walker on August 24, 1985. They were blessed with their daughter Madeline on February 11, 1996. Chris was a devoted father and husband who liked fly fishing and vacations with his family. Chris was a talented musician and loved jamming on the guitar with friends. He helped form the band "Abandoned Road" and played several gigs, the most recent being at the Chris Walker Lovefest at Theatre Cedar Rapids in August. He was a member of All Saints Catholic Church.

Chris earned his B.S. at the University of Iowa. He was Vice President of Sales, GreatAmerica Leasing Corporation (1997-present). He served in various sales and business development positions in a number of units within GreatAmerica since joining in June of 1997. Worked in financing at GE Capital (1990 – 1997), and at LeaseAmerica before that (1979-1990).

Chris was an accomplished professional in the finance world. He attended an industry event in mid-September in Minneapolis – the NEFA (National Equipment Finance Association), where he was honored with a special “NEFA Member of the Year” award. In November, NAELB President Bud Callahan, CLP, BPB, announced that the Board of Directors of NAELB granted the prestigious Bill Granieri Award to Chris Walker, CLP, in recognition of his many years of service to the equipment leasing industry and to the equipment lease broker community.

In Cedar Rapids, Chris was devoted to the performing arts and charitable organizations. He served on the boards of Foundation 2, Theatre Cedar Rapids and SPT Theatre. He was also on the board of United Association of Equipment Lessors, President of the CLP Foundation’s Board of Directors and a Director of the National Equipment Finance Association.

Chris saw music. . .and life. . . as a rich fabric that was woven of so many threads to create a pleasing tapestry, a tapestry where he would propose new threads which promised new discoveries. His life was that way as well, and he saw every day as a new opportunity to spread a good word or share something humorous.

The family would like to thank all of the wonderful words of encouragement that helped buoy Chris's spirits as he fought the last six months.

A memorial fund has been established. No further information has been received at this time.

 

 

--------------------------------


eMails Received on the Passing of Chris Walker


It is with great sadness that I forward this email to you.”

(Letter from Tony Golobic, President/CEO GreatAmerica Leasing regarding loss of Christ Walker (printed in Leasing News Friday edition and sent to Constant Contact Listhttp://www.leasingnews.org/Pages/walker_passes.html )

Greg VanDeWalker
GreatAmerica Leasing

---

(Chronological order as received)

"He will be missed. What a great guy and a good friend of both mine and our industry."

Robert D. Parker
LeaseStation

--

"Our prayers are with his family."

Don A. Marchant
First Pacific Funding, Inc.

---

"One of the finest people I met in the industry."

Barry S. Marks
Marks & Weinberg, P.C.

---

"I want to let you know how much I have appreciated your friendship and your respect for Chris. He was very grateful to have you as a friend."

Matt Doty
GreatAmerica Leasing

----

"A very sad day indeed. Chris was one of the good guys. He will be truly missed. Will be praying for his family."

Don Myerson
BSB Leasing

---

"Another fine gentleman is gone! Chris will be greatly missed!"

Bob Robichaud, CLP
Commerce National Bank

---

"I received word a few days ago from his co-worker at Great America that he was very near the end, so I knew it was probably just a matter of a few days, if that. Yet I still was not ready to receive the news. I just had to go outside a few minutes ago and get some fresh air because I could not function. I'm feeling better now.

"Not many people know this, but Chris and I both got our Cancer diagnosis the same week and we reached out to each other for courage and strength. God spared me and for some reason decided to bring Chris home. He does not have to suffer any longer. The scriptures he posted on the Caring Bridge website during his own battle, really gave me the strength I needed to keep fighting myself. He has no idea how much he had to do with my cure. I find myself questioning today 'Why Lord did you have to take him?' Only God knows, the answer to that question. I'm sure Chris is smiling down on all of us right now and telling us to dry our tears, and move forward, always do our best and love one another. I will miss him terribly. "

Rosanne Wilson, CLP
1st Independent Leasing, Inc.

---

"He was one of the good guys and it is really very sad."

Chris Enbom
Allegiant Partners
NEFA President

---

"No matter how much you expect it to happen, it is always a terrible shock. Since there is always hope, I fervently wished he would live longer than he did."

Bob Teichman, CLP
Teichman Training

---

"Very sad news. This could have been me. I'm a double breast cancer survivor within a 13 month period of time."

Emma Cabildo

---

"It is with great sadness we learn of Chris’s death. I note that the Great American Family is collecting a memorial gift for Chris- is this opportunity to participate limited to Great American employees and if not, is it a gift to his family or to an organization in Chris’s memory i.e. a cancer fund, etc. ?"

Thank you,

Janis and Frank
Janis Migliorise Peretore, Esq.
Peretore & Peretore, P.C.

----

"Our thoughts and prayers are with Chris' family, friends and co-workers at this time."

National Association of Equipment Leasing Brokers
(full text)
http://leasingnews.org/PDF/News_from_NAELB_Chris_Walker.pdf

“It is with heavy hearts we mourn the loss of our dear friend and colleague, Chris Walker. Chris served as CLP Foundation President in 2010 and 2011.”

Certified Leasing Professional Foundation
(full text)
http://leasingnews.org/PDF/CLPChrisWalker_112011.pdf

 

-----------------------

 

Alert---Peter O' Donnell
Southeast Truck & Trailer Sales, Inc.


(These days it is very important to know who you’re doing business with and make sure they have a valid dealer’s license in place with the appropriate bonds issued - I don't know how some people can sleep at night!)

Another truck dealer!

“On July 12, 2011 Peter J. O' Donnell of Southeast Truck & Trailer Sales, Inc. invoiced me for 8 Mack trucks. I sent drivers to pick up the trucks in Montreal, Canada and they were not at the location given to my driver. Peter O' Donnell still will not return $57,600 that I wired to his bank account in Florida and that he wired to a bank in Chicago (Harris bank) we traced those funds to the Bank of Montréal in Canada. The persons name on the account was Tom Singer, Trucks of Quebec & Chris Pelligrini. Peter O' Donnell was dealing with a guy named Chris Pelligrini (watch out for him too). I have since found out that his Dealers license was revoked several years ago. He now owes me $57,600 plus $1,080 for sending Coldiron to Montreal to pick up the trucks. He still will not return my money. DO NOT SEND HIM MONEY FOR EQUIPMENT.

“If you know anything about this guy to help me get my money back please let me know. Also, I have found out that he plead guilty to conspiracy to commit bank fraud in 2009 and also was charged with mail fraud. My lawyer informed me that he owes restitution in the amount of $445,982.96, I was told he went to prison in Montgomery Alabama and his prison number was 12297-017 and his release date was 1-26-2011.

“While this is embarrassing to share, I feel like the right thing to do is let as many people know what happen and not be taken by this guy. Any help would be greatly appreciated.”

Thank you,

Hunt Cochrane
Transportation Equipment Sales, LLC
205-879-1970 office
205-879-1917 fax
205-222-1511 cell
hcochrane@bellsouth.net

((Please click on ad to learn more))
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)

 

[headlines]
--------------------------------------------------------------

Classified Ads---Sales Manager


(These ads are “free” to those seeking employment
or looking to improve their position)

Bayville, NJ
Dedicated individual seeking a account management position, 3 years leasing experience and 15+ years sales experience. Resume furnished upon request,
email Frank at weag4th@gmail.com .

Fort Myers, Florida
Very experienced and strong skills with both Captive and Specialty Sales Management. Over 25 years , will relocate and travel---successful and team player.
e-mail: tlinspections@gmail.com

Free Posting for those seeking employment in Leasing:
http://www.leasingnews.org/Classified/Jwanted/Jwanted-post.htm

All “free” categories “job wanted” ads:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

[headlines]
--------------------------------------------------------------


Bank Beat---"The Big Easy"
The Millers in Polk County, Iowa


This is the 90th bank to fail and its story reads like "The Big Easy" movie. It seems one family has a history in Louisiana and reportedly has let the bank fall to the lowest Tier 1 risk-based capital ratio to date: .82 as of September 31, 2011.


The 18 branches of Central Progressive Bank, Lacombe, Louisiana, were closed with First NBC Bank, New Orleans, Louisiana, to assume all of the deposits. Founded January 3, 1967, There were five offices in Slidell, three in Hammond, and once each in Amite, Bogalusa, Covington, Denham Springs, Kentwood, Lacombe, Madisonville, Mandeville, Pearl River, and Ponchatoula. As of June 30, 2011, the bank had 160 full time employees compared to 219 year-end 2006.


The bank was reportedly owned by members of the prominent Blossman family of St. Tammany Parish and on 28 January, 2009 a FDIC Cease and Desist was issued (1). It appears it was ignored.

The FDIC fined president "Dickie” Blossman, Jr in February, 2011 $75,000 and moved to prevent him from participating in the affairs of other banks. "Regulators say Blossman recklessly disregarded banking regulations and used the family-owned North shore financial institution for his own personal enrichment.”
http://www.nola.com/business/index.ssf/2011/10/blossman_bancshares_files_bank.html

"...It's not the first time that Blossman, a member of the prominent banking and political family in St. Tammany Parish, has been in trouble with bank regulators. In January 2009, while Blossman was the top executive at Central Progressive, the FDIC cited the bank for 'unsafe or unsound' practices." http://www.businessreport.com/article/20110217/BUSINESSREPORT0109/302179981

The parent of the bank on October 17, 2011 filled for Chapter 11 bankruptcy, as Nola.com reported, "a real estate lawsuit in Mississippi that seeks $50 million in damages charges that former bank management committed fraud and unjustly enriched the bank.

"Brandon Faciane, Central Progressive's president and chief executive, stated in an Oct. 17 affidavit in the Mississippi lawsuit that his bank has been notified that the Federal Deposit Insurance Corp. will shut down the bank as soon as November if the sale is not completed.

"Central Progressive Bank got in trouble several years ago when improper management practices conspired with the economic and real estate downturn. The bank has been the subject of several orders by regulators in recent years, and its former chairman, chief executive and director Richard S. "Dickie" Blossman Jr. was fined and banned from the banking business because of his reckless disregard of bank rules. ...Central Progressive Bank got in trouble several years ago when improper management practices conspired with the economic and real estate downturn. The bank has been the subject of several orders by regulators in recent years, and its former chairman, chief executive and director Richard S. "Dickie" Blossman Jr. was fined and banned from the banking business because of his reckless disregard of bank rules. http://www.nola.com/business/index.ssf/2011/10/blossman_bancshares_files_bank.html

October 25, 2007, Richard S. "Dickie" Blossman, Central Progressive's chief executive officer, told Nola.com "... the bank has addressed the issues described in the order. The bank experienced some difficulties due to Hurricane Katrina and "changes experienced in certain aspects of the national economy" but expects to be in compliance with the order by early next year, according to a statement from the bank.

"This is a hiccup in our business cycle," Blossman said of the FDIC order. "We're standing behind our customers."

According to Nola.com, John Ducrest, commissioner of the Office of Financial Institutions, said he expects Central Progressive to soon be back in the FDIC's good graces.

"They have made substantial progress toward complying with the order," Ducrest said. "I don't see the bank going anywhere other than in the positive direction." http://blog.nola.com/tpmoney/2007/10/central_progressive_bank_addre_1.html

Nothing could be further from the truth as the bank equity dropped from year-end 2007 to $38.5 million year-end 2008 with a $21.5 million bank loss. Central Progressive Bank would charge off $20.4 million in 2009 and $12.3million in 2009, mostly from construction and land development loans ($20 million and $11.7 million). And there is more to the story of the officers of the bank.

As for the losses due to Katrina, that hurricane hit New Orleans August 23, 2005.

(in millions, unless otherwise)

Net Equity
2005 $42.5
2006 $50.4
2007 $60.0
2008 $38.5
2009 $37.1
2010 $31.0
6/30 $22.6
9/31 $2.4

Profit
2005 $6.5
2006 $7.8
2007 $2.1
2008 -$21.5
2009 -$1.4
2010 -$6.0
6/31 -$9.0
9/31 -$19.3

Non-Current Loans
2005 $5.2
2006 $14.2
2007 $28.1
2008 $85.5
2009 $37.1
2010 $32.7
6/30 $28.3

Charge Offs
2005 $139,000 ($112,000 commercial/industrial, $30,000 construction/land, $30,000 farmland -$17,000 ind.)
2006 $7.7 ($6.6 construction/land, $504,000 nonfarm, $$329 comm/ind., $250,000 inivid, $207,000 Consum.)
2007 $69,000 ($120,000 nonfarm, $26,000 1-4 family, $54,000 indivd., $14, multi-fam, -$161,000 comm/ind.)
2008 $20.4 ($20 construction/land, $182,000 $indiv., $111,000 nonfarm, $106, credit cards, $76,000 other)
2009 $12.3 ($11.7 construction/land, $368,000 1-4 family, $123 indiv., $148,000 nonf., $99,000 credit cards)
2010 $5.3 ($4.7 construction/land, $374,000 individuals, $374,000 other, $166,000 1-4 family)
6/30 $841,000 ($531,000 1-4 family, $282,000 constr./land, -$52,000 commercial, $37,000 credit cards)
9/31 $6.5 ($5.8 construction/land, $606,000 1-4 family, $51,000 credit cards, $23,000 non-farm, $23,000 other consumer loans)

Construction and Land, 1-4 family multiple residential, Multiple Family Residential, Non-Farm Non-Residential loans.

As of September 30, 2011, Central Progressive Bank had approximately $383.1 million in total assets and $347.7 million in total deposits. In addition to assuming all of the deposits of the failed bank, First NBC Bank agreed to purchase approximately $354.4 million of the failed bank's assets. The FDIC will retain the remaining assets for later disposition.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $58.1 million.

  1. FDIC Cease and Desist Order: http://leasingnews.org/PDF/Central_Progressive_Cease_Desist.pdf

The St. Tammany Banking Empire Built by the Blossman Family is Shrinking:http://blog.nola.com/tpmoney/2009/03/the_st_tammany_banking_empire.html

http://www.fdic.gov/news/news/press/2011/pr11181.html

 

The 89th bank to fail this year and the first in Iowa since September 4, 2009 (Vantus Bank, Sioux City.)


The three branches of Polk County Bank, Johnston, Iowa, were closed with Grinnell State Bank, Grinnell, Iowa, to assume all of the deposits. The bank was founded March 1, 1903, and acquired to branches in 1999, an office formed in 1997, Polk City, and then one in Urbandale, October 2, 2006. June 30, 2011 they had 33 full time employees compared to 42 full time employees year-end 2006.

September 31, 2011: Tier 1 risk-based capital: 1.8%

Polk County Bank has been owned by the Miller Family since 1910, according to the Des Monies Register.



Robert J. “Bob” Miller

The Chairman of the Polk County Bankcorporation is Robert J. Miller, son of W.C. and Timmy Miller who joined the bank in 1971. He and his wife were named Johnston Business People of the Year in 2000.

October, 2008 a cease and desist order was issued by the FDIC from a May 27, 2008 examination, which was quite serious (2)

Tom Miller, president/CFO of the bank, on December 2, 2008 told the BusinessRecord.com "the bank alerted both state and federal regulators last January regarding potential deficiencies prior to an examination in May. He said the bank has resolved "98 to 99 percent" of the deficiencies." http://businessrecord.com/Main.asp?SectionID=4&SubSectionID=6&ArticleID=7254

Year-end 2008 the dank had $13.8 million in non-current loans and had a $2.9 million loss.

Polk County Bankcorporation, Inc., the parent of the bank, February 17, 2009 regarding sale of stock, guarantees and other “entered into a compliance agreement with the FDIC. (3)

In reality the banks largest lost was year-end 2009, $6.8 million, going from a $14.8 million equity to $9.3 million equity and by September 30, 2011, $1.5 million equity with a charge of $3.5 million in 2008 and $3.2 million in $2009. The biggest hit: Commercial and Industrial Real Estate loans.

(in millions, unless otherwise)

Net Equity
2006 $14.8
2007 $14.8
2008 $13.8
2009 $9.3
2010 $3.6
6/30 $1.8
9/30 $1.5

Profit
2006 $1.6
2007 -$200,000
2008 -$2.9
2009 -$6.8
2010 -$1.8
6/30 -$1.9
9/30 -$2.3

Non-Current Loans
2006 $1.9
2007 $5.5
2008 $13.8
2009 $9.3
2010 $7.1
6/30 $6.5

Charge Offs
2006 $1.3 ($1.2 commercial/industrial loans, $69,000 nonfarm/nonres., $50,000 construct/land, $7,000 indiv.)
2007 $1.5 ($1.1 commercial/industrial, $184,000 1-4 family, $113,000 other loans, $76 consumer)
2008 $3.5 ($1.7 commercial/indust.,$1.4 1-4 family, $244,000 farmland, $178 consumer)
2009 $3.2 ($1.5 commercial/indust, $853,000 1-4 family, $126, 000 Individuals, $92,000 farmland)
2010 $1.6 ($472,000 commercial, ind., $484,000 1-4 family, $355,000 const./land, $184,000 consumer)
6/30: $517,000 ($397,000 commercial/ind., $83,000 1-4 family, $39 individuals, $39,000 other loans)
9/30 $746,000 ($592, 000 commercial/ind., $91,000 1-4 family, $42,000 indiv., $3,000 construc/ind.)

Construction and Land, 1-4 family multiple residential, Multiple Family Residential, Non-Farm Non-Residential loans.

As of September 30, 2011, Polk County Bank had approximately $91.6 million in total assets and $82.0 million in total deposits. In addition to assuming all of the deposits of the failed bank, Grinnell State Bank agreed to purchase essentially all of the assets.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $12.0 million

  1. Cease and Desist Order
    http://leasingnews.org/PDF/October_Cease_Desist_Order.pdf

Compliance Agreement

  1. http://leasingnews.org/PDF/Polk_County_Bankcorporation.pdf

http://www.fdic.gov/news/news/press/2011/pr11180.html

List of Bank Failures:
http://www.fdic.gov/bank/individual/failed/banklist.html

Bank Beat:
http://www.leasingnews.org/Conscious-Top%20Stories/Bank_Beat.htm


-----------------------------------------

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joins Broker/Lessor List


Paramount Financial Services, LLC
Scottsdale, AZ
David Musselmann
davidm@paramountfinance.com
480-222-0300 x 100
www.paramountfinance.com
AZELA, NEFA

2000
10
Nationwide
$3,000 +
Y

N

N
N
N

 

A - City Business License | B- State License | C - Certified Leasing Professional | D - State(s) sales/use tax license | E - Named as "lessor" on 50% or more of lease contract signed. |

Full Broker/Lessor List:
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[headlines]
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joins Site Inspection List

EquipmentEngine, LLC
2010
Richard Henderson, President
RHenderson@EquipmentEngine.com
855-693-6446 x9434
Shaun Buswell, Sr. Manager 
Client Services
SBuswell@EquipmentEngine.com
855-693-6446 x9364
www.equipmentengine.com
ELFA
11
P/T Employees or Ind. Contractors: 142
Portfolio Servicing, Collections, Skip Tracing, Legal Case Management, Repossession & Transport Logistics, Storage, Appraisal, Remarketing/Sales, Make-Ready, Diagnostic Inspection/Repair, Treasury/Settlement/Title
USA Banks, Leasing Companies, Secured & Unsecured Lenders, Portfolio Acquisition/Servicing Companies

Full Site Inspection List:
http://www.leasingnews.org/Site_Insp/Default.htm


EquipmentEngine also is now listed in Outsourcing Classified Ads
(free, as all Leasing News lists are free)

Asset Management:
http://www.leasingnews.org/Classified/Outsourcing/Outsourcing.htm#sec2

Back Office:
http://www.leasingnews.org/Classified/Outsourcing/Outsourcing.htm#sec3

Legal:
http://www.leasingnews.org/Classified/Outsourcing/Outsourcing.htm#sec6

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http://www.leasingnews.org/Classified/Outsourcing/Outsourcing.htm#sec7

Full Leasing Industry Outsourcing Classified Ads:
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Why Choose Advanced Property Tax Compliance?

Dedicated to the leasing industry
click here to learn more.

Hear What Our Clients say about us
click here

Gary DiLillo, President 216-658-5618 or gary@avptc.com

 

 

-------------------------------

 

Career Crossroad—“Picture with resume?”



Question: Is it necessary to add a picture to my resume?

Answer: No …. Though it appears to be common practice on C.V.’s (curriculum vitae) from international Candidates, it is not necessary.

However, you can include your LinkedIn address on your resume (under your address) which most likely will include your picture. I do NOT suggest including your Facebook profile – Facebook tends to be more of a social site whereas LinkedIn is utilized for professional purposes.

Make sure your LinkedIn profile contains professional images of yourself, e.g., wearing a business suit. Don’t include pictures with you and family members, pets or characters. Simply use a professional photo (upload). If you have additional questions, please email me!

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone: 954-885-9241
Cell: 954-612-0567
emily@riirecruit.com
www.riirecruit.com

Previous Career Crossroad columns:
http://www.leasingnews.org/Conscious-Top%20Stories/crossroad.html

Leasing Industry Help Wanted

Midwest Sales Representative
(as far east as Michigan, as far west as Colorado, as far
south as Texas, and as far north as Minnesota)

Construction, Trucking, Machine Tools, Waste Equipment
Credit application only up to $250K, vendor driven, fast approvals
Broker inquiries welcome
contact: Chris Chiappetta at chris@netlease.com 

In the last 25 years National Machine Tool Financial has evolved into the premier outsource captive finance company for many major manufacturers.
www.netlease.com


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5 Independent Sales Representatives
Most Aggressive Commission Plan Supplier Leads
From Distribution & Manufacturer Semi-Captive Programs Fantastic Work Environment Experienced Sales Only
Full Job Description Click Here

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National Sales Representative
Direct, vendor based, small ticket ($10K-150K) leasing company looking for experienced sales representatives.
If you need more support, flexibility and a
stronger source of funds call Falcon.
Want to learn more - click here

www.falconleasing.com


For information on placing a help wanted ad, please click here:
http://www.leasingnews.org/Classified/Hwanted/Hwanted-post.htm

Please see our Job Wanted section for possible new employees.

[headlines]
--------------------------------------------------------------

Leasing 102
by Mr. Terry Winders, CLP


Lessee Rights, Titles, Interest

The first issue state laws have addressed is in regard to commercial equipment leasing arises out of this statement:” This agreement does not convey to the lessee any right, title, or interest in the equipment except for its use.” Many courts have found the statement invalid. Judges have determined that many agreements which were intended as leases were actually forms of conditional or installment sales agreements.

The courts hold a lease to be a disguised sale when too many of the incidents of ownership are conveyed to the lessee, regardless of whether the lessor intended the transaction to be a sale or has a statement that it is a lease. The real issue here, as decided by the various states and not always in a consistent manner, is whether or not the agreement is a “true lease.”

Twenty years ago this was not a problem, and perhaps even ten years ago, even small claims courts held the same opinion. Today, this is a crucial point, since it can affect so many other factors in these transactions, such as whether a security interest exists or has not been filed.

The “incidents of ownership” analysis is often used, but it is not of much help because it tends to emphasize the similarities between a true lease and an installment sales contract. More helpful is an analysis that focuses on the lessor’s meaningful residual in the equipment after the lease term. That does not mean you have to take a residual, but you must show a remaining value. The easiest way to do that is to actually take a residual or have some due diligence showing its expected remaining value.

While this column does not pretend to cover all the aspects or legal definitions, a certain amount of legal history might help you understand the current problem of the true lease issue. Leasing law has traditionally been considered one aspect of the law of bailment’s, a body of law which originated in Europe, which was further developed in English common law, and was inherited by American law from the English after the Revolutionary War. “Bailment” is probably an unfamiliar term to you. In the sense used here, it means the delivery of personal property from one person (bailor/lessor) to another (bailee/lessee) for the other’s use for the lease term in consideration of rent payments. Our written Master Lease in bailment language is “a regular compensated express bailment of let and hire.”

There are several types of bailment transactions with which you’re probably more familiar. These include deliveries of inventory to a warehouseman for storage; goods to a freight company for transport; an automobile to a repair shop for service; or stock certificates to a bank as security for a loan or for safekeeping in a safe deposit box. While these and dozens of other common transactions occur daily, we call them deposits, pawns or pledges. We sometimes forget that the common element is the use or possession of an article by one person, while that article is actually owned by another. Equipment leasing is a form of bailment, which is why I provided you with the explanation.

As a bailment contract, the lease we’re reviewing should be straightforward in regard to such matters as who owns the equipment being leased.

In the first section of the lease it should say: “This Agreement constitutes an agreement of lease and nothing herein contained shall be construed as conveying to Lessee any right, title, or interest in the Equipment except as lessee only.”

Then in the next Section , it should say: “Upon the expiration or earlier termination of the term of lease of each item of Equipment leased hereunder, Lessee shall at its expense return such item to Lessor at such location as Lessor may designate, in the condition required to be maintained by the maintenance section hereof.”

Most of the other Sections in the lease set out agreements or promises by the lesse as to what he’ll do with the equipment while it’s in his possession. Easy enough, right? So why are there problems?

Problems arise because installment sales contracts are similar to a lease and are, for various reasons, often called “leases.” The basic similarity lies in the fact that periodic payments are required with both installment sales contracts and leases. But there’s a vast difference between leased property and property sold under an installment sales contract. Consider, for example, a “lease” of a main-frame computer for ten years, with a provision granting the customer the right to acquire the “title” to the equipment at the end of ten years without further payments or for a nominal sum. In name, we have a lease, or a bailment. But the return of the computer to the lessor after ten years is unlikely, since it’s so easy for the lessee to acquire “title” to it. Bailment law would treat this lease as a bailment, but the Uniform Commercial Code would call it a sale.

Article 2A and its corresponding Articles in the other States have not placed some legal requirements to be a legal lease. You should take the time to review the definition found in Article 201 Paragraph (37). Commercial equipment leasing requires you to know the differences between the rules, tax, legal, and accounting and also the requirements for sales tax and property tax which look at ownership differently.

Courts today have much experience regarding “capital leases” and “true leases” as well as other provisions. The trend has been to mix more commercial law with consumer law standards. It is best to contact your attorney at least every two years, if not every year—which I heartedly recommend, to review your contracts and other supportive documents. The fee may very well save you a lot of money in both collection and court expenses, as well as lost productive time.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty-five years and can be reached at leaseconsulting@msn.com or 502-649-0448

He invites your questions and queries.

Previous #102 Columns:
http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm

Mr. Terry Winders, CLP
Anaheim, California

December 12-14th
Two and One Half-Day Seminar
sponsored by
Commerce National Bank
4040 MacArthur Blvd. Suite 100 
Newport Beach CA 92660
(Orange County Airport is a half-mile away)

The seminar will contain information on how to approach leasing in 2012 with the following subjects:

  • New lease language
  • Proposed new accounting rules for lessee's
  • Structuring and pricing for competition
  • Income tax rules, Article 2A vs. Article 9
  • New reasons to lease
  • Questions to ask lessee
  • Vendor needs
  • Credit enhancements
  • Documentation issues

and a take home assignment to see how to propose a lease.

Cost $450 per person

To request a complete outline contact: leaseconsulting@msn.comor for questions call 502-649-0448

 

[headlines]
--------------------------------------------------------------

Top Leasing News Stories November 14--November 18


Here are the top ten sorties opened by readers:

(1) Correction---Navitas Lease Not Sold
http://leasingnews.org/archives/Nov2011/11_16.htm#correction

(2) Leasing 102 by Mr. Terry Winders, CLP
Tax (True) Leasing Differences
http://leasingnews.org/archives/Nov2011/11_14.htm#differences

(3) Credit Cards Won't Exist In The Next Few Years
http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/11/10/businessinsiderthis-28-year-old-is-.DTL

(4) Leasing Companies Out of Business
plus No Longer taking Broker/Discounting Business
http://leasingnews.org/archives/Nov2011/11_18.htm#business

(Tie) (5) Puget Sound Leasing/First Sound Bank May Go Under
by Christopher Menkin
http://leasingnews.org/archives/Nov2011/11_14.htm#puget

(Tie) (5) Sheldon Player Still on the Loose
by Christopher Menkin
http://leasingnews.org/archives/Nov2011/1_14.htm#player

(6) Credit Cards, Cash Advance May be Obsolete 2 years
http://leasingnews.org/archives/Nov2011/11_18.htm#obsolete

(7) Funding Well Capital joins "Broker/Lessor" List
http://leasingnews.org/archives/Nov2011/11_16.htm#fwc

(8) Remembering Jeff Wong, Great Person, Leasing Attorney
http://leasingnews.org/archives/Nov2011/11_16.htm#wong

(Tie) (9) Ed Castagna Introduces "The Fast Way to be Sold!"
http://leasingnews.org/archives/Nov2011/11_16.htm#sold

(9) GE Filed 57,000-Page Tax Return, Paid No Taxes: $14 B in Profit
http://www.weeklystandard.com/blogs/ge-filed-57000-page-tax-return-paid-no-taxes-14-billion-profits_609137.html

(10) Kit’s Kettle Time
http://leasingnews.org/archives/Nov2011/11_18.htm#kettle

Sent Separately: Not counted for technical reasons:
Chris Walker Passes Away
http://www.leasingnews.org/Pages/walker_passes.html

John Kenny Receivables Management

End of Lease Negotiations & Enforcement

Fraud Investigations
Credit Investigations Asset Searches
Skip-tracing Third-party Commercial Collections

john@jkrmdirect.com | ph 315-866-1167| www.jkrmdirect.com

(Leasing News provides this ad as a trade for investigations

and background information provided by John Kenny)



[headlines]
--------------------------------------------------------------

Des Moines, Iowa -- Adopt-a-Dog


Case: 1211-0792
Date In: 11-18-11
Dog, Male, LAB
Young

Lake County Animal Services
Rick.Hammel2@co.lane.or.us

Address
3970 W. 1st Ave.
Eugene, Oregon 97402
Directions

Phone
(541) 682-3645
(541) 682-3646
(541) 682-3647 Recording

Emergencies
Office Hours
Tuesday-Saturday
Phone: 8:30am-5:30pm

Open to the Public
Tuesday-Friday
10:00am-6:00pm
Saturday
10:00am-5:30pm

Adopt-a-Pet by Leasing Co. State/City
http://www.leasingnews.org/Conscious-Top%20Stories/Adopt_Pet.htm

Adopt a Pet
http://www.adoptapet.com/

 


News Briefs---

Leasing Financing New Cool-n-Save Commercial Customers
http://www.marketwatch.com/story/leasing-financing-plan-announced-for-new-cool-n-save-commercial-customers-2011-11-18?reflink=MW_news_stmp

BNP Paribas Leasing Solutions European Lessor of the Year
http://www.bnpparibas.com/en/news/press-releases.asp?Code=LPOI-8NQHXJ

David C. Mirsky Elected to ELFA Biz Council Steering Committee
http://www.prnewswire.com/news-releases/david-c-mirsky-elected-to-elfa-independent-middle-market-business-council-steering-committee-134138743.html

Banks Try to Curb Expenses
http://www3.cfo.com/article/2011/11/credit_banks-cut-operating-expenses-budget-2012

Former Georgia banker sentenced to prison over bank fraud
http://www.ajc.com/business/former-georgia-banker-sentenced-1232442.html

St. Louis Mgr. Mike Matheny lost his home
http://www.stltoday.com/sports/baseball/professional/mike-matheny-lost-his-home-in-legal-fight-with-bank/article_5c9087aa-c1e7-5fb9-bc25-9f93f8e313c9.html

 

-----------------------------------------

 


You may have missed---

What will climate change mean for California?
http://www.sacbee.com/2011/11/20/4067839/what-will-climate-change-mean.html


---------------------------------------

 


Sports Briefs----

Galaxy Win Title in What May Have Been Beckham’s M.L.S. Finale
http://www.nytimes.com/2011/11/21/sports/soccer/soccer-galaxy-beats-dynamo-to-win-mls-cup.html?_r=1&ref=sports

On-air curse embarrasses ESPN's Lee Corso
http://www.usatoday.com/sports/columnist/hiestand-tv/story/2011-11-20/lee-corso-tim-tebow-erin-andrews/51326736/1

Tony Stewart edges Edwards to win NASCAR Cup title
http://www.orlandosentinel.com/sports/motorracing/fl-diaz-homestead-sprint-cup-1121-20111120,0,1466880.column

Tiger flashes signs of the old Tiger
http://sports.yahoo.com/golf/pga/news;_ylt=AplKH0U3eUwbHrue8UuWwZw5nYcB?slug=br-murphy_tiger_might_be_back112011

Sunday's NFL winners and losers
http://sports.yahoo.com/nfl/news;_ylt=AnRHdjaLBs9tUJRtRDXKZ5ZDubYF?slug=jc-cole_winners_losers_kevin_smith_comeback_lions_11201

Redskins vs. Cowboys: Washington loses to Dallas in overtime, 27-24
http://www.washingtonpost.com/sports/redskins/redskins-vs-cowboys-washington-loses-to-dallas-in-overtime-27-24/2011/11/19/gIQAv44nfN_story.html

Tony Romo continues to show why he's NFL's best QB in November
http://cowboysblog.dallasnews.com/archives/2011/11/instant-analysis-tony-romo-con.html

Smith, stifling defense lead streaking 49ers
http://www.usatoday.com/sports/football/nfl/story/2011-11-20/49ers-beat-Cardinals/51324474/1?loc=interstitialskip

Seahawks grind out a 24-7 win over Rams
http://seattletimes.nwsource.com/html/seahawks/2016814072_hawk21.html

It's a low five for Chargers
http://www.sandiegouniontribune.com/news/2011/nov/20/chargers-try-end-losing-streak-vs-bears/

Coach Hue Jackson finally unloads on officials
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/11/20/SP5A1M1TPC.DTL

Falcons rebound vs. Titans
http://blogs.ajc.com/atlanta-falcons-blog/2011/11/20/falcons-rebound-with-23-17-victory-over-titans/

---------------------------

 

 


California Nuts Briefs---

'Appalled' by police response to protesters, UC president to convene chancellors
http://www.sacbee.com/2011/11/20/4068647/appalled-uc-president-vows-to.html

Officers in pepper spray incident placed on leave
http://news.yahoo.com/officers-pepper-spray-incident-placed-leave-182151195.html

Sonoma County rural residents decry state fire fee
http://www.pressdemocrat.com/article/20111120/ARTICLES/111119532/1350?Title=Rural-residents-decry-state-fire-fee

 

 

--------------------------



“Gimme that Wine”

 

Vintners Ask: Where Did the Tannin Go?
http://www.winesandvines.com/template.cfm?section=news&content=94451&
htitle=Vintners%20Ask%3A%20Where%20Did%20the%20Tannin%20Go%3F&

Consumer Reports' best picks for cheap wine
http://www.komonews.com/news/consumer/133925698.html

Challenging year in the vineyard reaps rewards in the cellar
http://napavalleyregister.com/star/business/challenging-year-in-the-vineyard-
reaps-rewards-in-the-cellar/article_f3760470-10bf-11e1-af08-001cc4c002e0.html

Russian River wine region expanded to Cotati
http://cotati.towns.pressdemocrat.com/2011/11/news/russian-river-wine-region-expanded-to-cotati/


Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Winery Atlas
http://www.carterhouse.com/atlas/\

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

[headlines]
----------------------------------------------------------------

This Day in History

      1729-Birthday of Josiah Bartlett (also the name of the “president” in the TV series, “West Wing.” President of New Hampshire, Signer of the Declaration of Independence.
http://www.josiahbartlett.com/
    1784 -- James Armistead is cited by French General Lafayette for his valuable service to the American forces in the Revolutionary War. Born into slavery 24 years earlier, had worked as a double agent for the Americans while employed as a servant of British General Cornwallis.
http://staff.harrisonburg.k12.va.us/~paigner/gifted/James_Armistead_Lafayette/
JamesLafayette.html

http://www.factmonster.com/ipka/A0886828.html
http://russell.gresham.k12.or.us/Colonial_America/James_Armistead_.html
    1785-Birthday of William Beaumont, US Army surgeon whose contribution to classic medical literature and world fame resulted from another man's shotgun wound. When Canadian fur trapper Alexis St. Martin received an apparently mortal wound June 6,1822---a nearly point-blank blast to the abdomen---Dr. Beaumont began observing his stomach and digestive processes through an opening in his abdominal wall. His findings were published in 1833 in” Experiments and Observations on the Gastric Juice and the Physiology of Digestion. St. Martin returned to Canada in 1834 and resisted Beaumont's efforts to have him return for further study. He outlived his doctor by 20 years and was buried at a depth of eight feet to discourage any attempt at posthumous examination. Beaumont, born at Lebanon, CT, died April 25, 1853 at St. Louis, Mo.
    1789- North Carolina becomes the12th state to ratify the Constitution. 
http://memory.loc.gov/ammem/today/nov21.html
    1800- Congress met at Philadelphia from 1790 to 1800, when the north wing of the new Capitol at Wash­ington, DC, was completed. The House and the Senate had been scheduled to meet in the new building Nov 17, 1800, but a quo­rum wasn't achieved until Nov 21, 1800. Primary reason was the poor travel and highways became a priority with the new congress.
    1800-formation of the Society of the Sacred Heart, a Roman Catholic religious order of women pledged to the education of girls. Founded by Madeleine Sophie Barat, it was brought to the U.S. at New Orleans in 1818 by Rose Philippine Duchesne.
    1801 -- "Federal Bonfire Number Two", a mysterious fire swept the offices of the Department of Treasury, destroying books and papers, after Republicans demanded proof that the expenditures of Timothy Pickering, the recently replaced Federalist Secretary of War, could be properly accounted for. Most records in War Department custody were destroyed by fire, November 8, 1800. Many of the remaining Revolutionary War records were lost during the War of 1812. As a result there were, until 1873, few records for the period before 1789 in War Department custody. In 1873 Secretary of War William Belknap purchased for the Federal Government the papers of Timothy Pickering, who between 1777 and 1785 had been a member of the Board of War, Adjutant General of the Continental Army, and Quartermaster General; the papers of Samuel Hodgdon, Commissary General of Military Stores for several years during the war; miscellaneous contemporary papers; and some minor groups of records and single record items.
http://www.cr.nps.gov/museum/exhibits/revwar/image_gal/indeimg/pickering.htm
http://www.qmfound.com/COL_Timothy_Pickering.htm
    1820 -- Thirteen-year-old Henry Wadsworth Longfellow's first poem, "The Battle of Lovell's Pond" is published in the Portland, Maine, Gazette.
http://classicreader.com/author.php/aut.58/
    1824-The first Jewish congregation in the Reform movement was the Reform Society of Israel­ ites, organized by dis­sident members of Congregation Beth Elohim of Charleston, SC, an Orthodox synagogue that had been founded by Sephardic Jews in 1750. The group was formed after the trustees of the synagogue refused a request to modernize the prayer service. Its leader was Isaac Harby, a teacher and journalist. The society disbanded in 1833, but many of its members rejoined the synagogue after the arrival of Rabbi Gustav Poznanski, who approved radical alterations in the service.
    1835-Birthday of Henrietta Howland Robinson Green, better known as Hetty Green, reported to have been the richest woman in America, was born at New Bedford, MA. She inherited a large fortune from her father and invested it so shrewdly that she was considered the greatest woman financier in the world. She was an able financier who man­aged her own wealth, which was estimated to have been in excess of $185 million in today's money. At one point in time, Hetty Green held the mortgages on 60 churches. Died at New York, NY, July 3, 1916.
http://www.brfwitness.org/Bread/witchws.htm
http://www.scripophily.net/wesshorrrsto.html
    1852- Union Institute was chartered by the Methodists in Randolph County, NC. Renamed Trinity College in 1859, the campus moved to Durham in 1892. Tobacco magnate James B. Duke endowed the school with $40 million in 1924, upon which its name was changed to Duke University.
    1861-Confederate President Jefferson Davis names Judah Benjamin the secretary of war. A Sephardic Jew from South Carolina, Judah Benjamin was an exception to the rule in the Protestant South. As a young man, he moved to New Orleans and lived in a largely Jewish community. He married the daughter of a wealthy Catholic couple, but the marriage was distant--Natalie Benjamin moved to Paris soon after the birth of their daughter and the couple spent little of their fifty-plus-year marriage together. Benjamin practiced law and bought a sugar plantation near New Orleans. He became a representative in the Louisiana state legislature in 1842, and he was elected to the U.S. Senate in 1852. While there, he became a close friend of Jefferson Davis, who was then a Mississippi senator. Benjamin resigned during the secession crisis of 1860 and 1861, even before Louisiana officially left the Union. Davis selected Benjamin as the Confederacy's first attorney general, and he quickly became the president's most trusted advisor. After the Battle of First Bull Run, Secretary of War Leroy Walker resigned amid criticism that the Confederate army did not pursue the defeated Yankees. Davis appointed Benjamin to the position. Although Benjamin had no military experience, his appointment allowed Davis to dominate Confederate military affairs. Placing his trusted friend in the position of secretary of war ensured that Davis would not be challenged on important military decisions. Benjamin efficiently managed the day-to-day work of the war department, but he began to quarrel with some of the top generals who resented taking orders from a non-military bureaucrat. Benjamin also drew unfair criticism because of his religion--many openly questioned his loyalty because of his Jewish faith. When Roanoke Island fell to the Yankees in March 1862, criticism of Benjamin peaked. Many censured him for not sending men and supplies to the island's garrison. Furthermore, the war was going badly for the Confederates in the West. Davis recognized that the storm of complaints was crippling Benjamin's ability to perform his duty, so he appointed Benjamin secretary of state when Robert M. T. Hunter resigned that position. As the outlook for the Confederacy grew bleaker in 1863 and 1864, Benjamin floated the idea that the South could obtain foreign recognition only by promising emancipation. This radical concept fell on deaf ears until the last weeks of the war. When the Confederacy finally collapsed, Benjamin fled with the rest of the Confederate government to Danville, Virginia. When President Lincoln was assassinated, it was discovered that Benjamin had ties to the Surratt family, which was implicated in the conspiracy. Fearing capture and prosecution, Benjamin fled the country. He settled in England and practiced law there, often visiting his wife and daughter in Paris. During the rest of his life, Benjamin rarely spoke of his service to the Confederacy. He died in Paris in 1884.
    1865-Shaw University founded, oldest black university in the South.
http://www.shawuniversity.edu/profile.htm
    1871 - The cigar lighter was patented by M.F. Gale of New York City.
    1877- Thomas Edison announced his invention of the phonograph, Menlo Park, NJ.
    1902- Phoebe Jane Fairgrave Omlie birthday, aviator, used an inheritance at age 17 to buy her own plane and then sold stunt flying to a movie studio to justify the expense. Her mother supported her endeavors. Her diminutive size handicapped her. She and her husband did barn-storming, which included walking on wings and other death-defying acts that were the mainstays of early aviation exhibitions. She was the first woman to get a federal pilot's license. With Amelia Earhart she painted markers on roofs throughout the country that guided pilots to the nearest airport (long before radar and plane-to-ground radios); headed and coordinated a project to train 5,000 airport ground personnel. She also opened a school for the training of women instructors after the Civilian Pilot Training schools fired all women instructors.
http://www.anb.org/articles/20/20-00742.html
    1904 --Coleman Hawkins Birthday 
http://www.redhotjazz.com/hawkins.html
    1905- Frederick Charles (Freddie) Lindstrom, Baseball Hall of Fame third baseman and outfielder born at Chi­cago, IL. Lindstrom played for the New York Giants in the 1920s and 1930s. In the 1924 World Series, a ground ball hit a pebble and bounced over his head, allowing the run that gave the championship to the Washington Sen­ators. Inducted into the Hall of Fame in 1976. Died at Chicago, Oct 4, 1981.
    1908- birthday of Paul Rapier Richards, baseball player, manager and executive born at Waxahachie, TX. Richards was a catcher with marginal ability, but an innovative man­ager and executive. He invented the oversized catcher's mitt to handle knuckleball pitchers and the “Iron Mike” pitching machine. Died at Waxahachie, May 4,1986.
    1920 – Birthday of Stan ‘The Man' (Stanley Frank) Musial (Baseball Hall of Famer, born Donora, PA.: SL Cardinals outfielder, first baseman [World Series: 1942, 1943, 1944, 1946/all-star: 1943, 1944,     1946-1963/Baseball Writers' Award: 1946, 1948]; topped .300 mark 18 times, won seven N.L. batting titles with his famed corkscrew stance and ringing line drives; 3-time MVP played in 24 All-Star games; nicknamed ‘The Man' by Dodger fans for the havoc he wrought at Ebbets Field)
    1925-Birthday of guitarist Sal Salvador, born Monson, MA.
    1934- The New York Yankees paid the San Francisco Seals $25,000 and four players for Joe DiMaggio. Despite DiMaggio's 61-game hitting streak in 1933 and his .341 batting average in 1934, the Yankees kept him with the Seals for 1935. He hit .398.
    1934 - Cole Porter's "Anything Goes" opened at the Alvin Theatre in New York City. The show ran for 420 performances.
    1934-The New York Yankees paid the San Francisco Seals $25,000 and four players for Joe DiMaggio. Despite DiMaggio's 61-game hitting streak in 1933 and his .3451 batting average in 1934, the Yankees kept him with the Seals for 1935. He hit .9398.
    1940-Birthday of piano player Dr. John ( Malcom John Rebennack), New Orleans, LA
( also known as “The Night Tripper.”)
http://www.jazzvalley.com/musician/dr.john
http://www.frankspicks.com/reviews/doc.htm
    1942—The Alcan Highway opens, Alaska
( lower half of: http://memory.loc.gov/ammem/today/nov21.html )
    1944---*MINICK, JOHN W. Medal of Honor
Rank and organization: Staff Sergeant, U.S. Army, Company I, 121st Infantry, 8th Infantry Division. Place and date: Near Hurtgen, Germany, 21 November 1944. Entered service at: Carlisle, Pa. Birth: Wall, Pa. Citation: He displayed conspicuous gallantry and intrepidity at the risk of his own life, above and beyond the call of duty, in action involving actual conflict with the enemy on 21 November 1944, near Hurtgen, Germany. S/Sgt. Minick's battalion was halted in its advance by extensive minefields, exposing troops to heavy concentrations of enemy artillery and mortar fire. Further delay in the advance would result in numerous casualties and a movement through the minefield was essential. Voluntarily, S/Sgt. Minick led 4 men through hazardous barbed wire and debris, finally making his way through the minefield for a distance of 300 yards. When an enemy machinegun opened fire, he signaled his men to take covered positions, edged his way alone toward the flank of the weapon and opened fire, killing 2 members of the guncrew and capturing 3 others. Moving forward again, he encountered and engaged single-handedly an entire company killing 20 Germans and capturing 20, and enabling his platoon to capture the remainder of the hostile group. Again moving ahead and spearheading his battalion's advance, he again encountered machinegun fire. Crawling forward toward the weapon, he reached a point from which he knocked the weapon out of action. Still another minefield had to be crossed. Undeterred, S/Sgt. Minick advanced forward alone through constant enemy fire and while thus moving, detonated a mine and was instantly killed.
    1944---Top Hits 
The Trolley Song - Judy Garland 
I'll Walk Alone - Dinah Shore 
Together - Helen Forrest & Dick Haymes 
Smoke on the Water - Red Foley
    1948- The Sunday morning religious program "Lamp Unto My Feet" first aired over CBS television. It became one of TV's longest running network shows, and aired through January 1979. 
    1948-Birthday of drummer Alphonse Mouzon, Charleston, SC
http://www.tenaciousrecords.com/bio.html
http://www.drummerworld.com/drummers2/Alphonse_Mouzon.html
http://www.amazon.com/exec/obidos/ASIN/B000003P0Q/inktomi-musicasin-20/
104-6368463-9838304

http://www.angelfire.com/mac/keepitlive/drummers/Mouzen/mouzen.htm
    1952---Top Hits 
You Belong to Me - Jo Stafford 
Glow Worm - The Mills Brothers 
Because You're Mine - Mario Lanza 
Jambalaya (On the Bayou) - Hank Williams
    1953--- "Rags to Riches" by Tony Bennett topped the charts and stayed there for 8 weeks.
    1955 - The first lady of the American stage, Helen Hayes, was honored for her many remarkable years in show business, as the Fulton Theatre in New York City was renamed the Helen Hayes Theatre
    1956- Don Newcombe of the Brook­lyn Dodgers won the first Cy Young award, given to the most outstanding pitcher in the major leagues. He added the National League Most Valuable Player Award to his trophy case as well
    1959 - Following his firing from WABC Radio in New York the day before, Alan Freed refused “on principle” to sign a statement that he never received money or gifts (payola) for plugging records. Incidentally, few may remember, but Freed left WABC while he was on the air. He was replaced in mid-record by Fred Robbins, who later became a nationally-known entertainment reporter for Mutual Radio.
    1960- "Stay" by Maurice Williams & the Zodiacs topped the charts and stayed there for a week. 
    1960---Top Hits 
Stay - Maurice Williams & The Zodiacs 
Are You Lonesome To-night? - Elvis Presley 
Last Date - Floyd Cramer 
Wings of a Dove - Ferlin Husky
    1964 - The Verrazano Narrows Bridge opened. Actually, the upper deck was opened to traffic on this day. The bridge, linking Brooklyn and Staten Island, was the world's longest suspension bridge at 4,260 ft. 1980 - The largest TV audience ever, an estimated 82 million people, watched as Sue Ellen's sister, Kristin Shepard, shot J.R. Ewing on "Dallas". The jilted mistress was seen holding the smoking gun after a summer of viewers asking that haunting question, “Who Shot J.R.?” Eighty percent of all viewers watched the show.
    1966-Birthday of Troy Kenneth Aikman football player, star Dallas quarterback now sportscaster, West Covina, CA.
    1967-Gen. William Westmoreland, commander of U.S. Military Assistance Command Vietnam, tells U.S. news reporters: "I am absolutely certain that whereas in 1965 the enemy was winning, today he is certainly losing." Having been reassured by the general, most Americans were stunned when the communists launched a massive offensive during the Vietnamese Tet New Year holiday on January 30, 1968. During this offensive, communist forces struck 36 of 44 provincial capitals, 5 of 6 autonomous cities, 64 of 242 district capitals and about 50 hamlets. At one point during the initial attack on Saigon, communist's troops actually penetrated the ground floor of the U.S. Embassy.
    1968 -- A portrait of Frederick Douglass appears on the cover of Life magazine. The cover story, "Search for a Black Past," is the first in a four-part series of stories in which the magazine examines African-Americans, a review of 50 years of struggle, with interviews of Jesse Jackson, Julian Bond, Eldridge Cleaver, Dick Gregory, & others.
http://www.life.com/Life/covers/1968/cv112268.html
    1968---Top Hits 
Hey Jude - The Beatles 
Those Were the Days - Mary Hopkin 
Love Child - Diana Ross & The Supremes 
I Walk Alone - Marty Robbins
    1969-The “internet” began when the first computer network was ARPANET, a data communications net­work developed by J.C.R. Lieklider, Robert Taylor, and other researchers for the Depart­ment of Defense's Advanced Research Projects Agency. The first ARPANET link was put into service on November 21, 1969. It connected a computer in the computer science department at the University of California at Los Angeles with a laboratory computer at the Stanford Re­search Institute, Stanford, CA. Over the next decade, ARPANET grew to include many gov­ernment and university computers. In 1973, Dr. Vinton Cerf and Robert E. Kahn were commis­sioned by the federal government to create a national computer network for military, govern­mental, and institutional use. The network was based on ARPANET sites and employed pack­et-switching, flow-control, and fault-tolerance techniques developed by ARPANET. Historians consider this world wide network the origin of the Internet.
    1970-Two months after launching their TV series, The Partridge Family reaches the top spot on the Billboard Hot 100 with "I Think I Love You". The only members of the cast who actually sang on the record were David Cassidy and his real-life step mother, Shirley Jones..
    1976---Top Hits 
Tonight's the Night (Gonna Be Alright) - Rod Stewart 
The Wreck of the Edmond Fitzgerald - Gordon Lightfoot 
Love So Right - Bee Gees 
Somebody Somewhere (Don't Know What He's Missin' Tonight) - Loretta Lynn
    1981 - Olivia Newton-John started the first of 10 weeks at the top of the pop music charts when "Physical" became the music world's top tune.
    1982- After a strike that commenced on September 23, the NFL resumed play with the seven intervening weeks of the season having been canceled.
    1984---Top Hits 
Wake Me Up Before You Go-Go - Wham! 
Purple Rain - Prince & The Revolution 
I Feel for You - Chaka Khan 
Give Me One More Chance – Exile 
    1986-National Security Council member Oliver North and his secretary, Fawn Hall, begin shredding documents that would have exposed their participation in a range of illegal activities regarding the sale of arms to Iran and the diversion of the proceeds to a rebel Nicaraguan group. On November 25, North was fired but Hall continued to sneak documents to him by stuffing them in her skirt and boots. The Iran-Contra scandal, as it came to be known, became an embarrassment and a sticky legal problem for the Reagan administration.Only six years earlier, Iran had become an enemy of the United States after taking hostages at the U.S. embassy in Tehran. At the time, President Reagan had repeatedly insisted that the United States would never deal with terrorists. When the revelation surfaced that his top officials at the National Security Council had begun selling arms to Iran, it was a public relations disaster. 
During the televised Iran-Contra hearings, the public learned that the money received for the arms was sent to support the Contras in Nicaragua, despite Congress' Boland Amendment, which expressly prohibited U.S. assistance to the Contras. Though the communist Sandinistas had been legitimately elected in Nicaragua, the Reagan administration sought to oust them by supporting the Contras, an anti-Communist group. During the Iran-Contra hearings, North claimed that the entire Reagan administration had known about the illegal plan. After admitting that he had lied to Congress, he was convicted of shredding documents, obstruction of justice, and illegally receiving a security fence for his own residence. He received a light sentence of a fine and probation. A year later in July 1990, an appellate court voted 2-1 to overturn his conviction based on the possibility that some of the evidence may have come from testimony that Congress had immunized in their own hearings on the matter. President Reagan and Vice President George Bush maintained that they had no knowledge of the scheme. In fact, when Reagan was deposed, he claimed to have little memory of anything that happened in the White House in the mid-1980s.
    1987 -- Cuban prisoners at a detention center in Oakdale, Louisiana riot & take control when the US announces reactivation of a 1984 agreement allowing Cuba to take back 2,000 "undesirables" in the U.S. A federal prison in Atlanta was commandeered two days later. The Oakdale standoff ended 29 November with release of hostages; the Atlanta crisis was resolved 4 December after the government agreed to grant a fair review of each Cuban's case.
http://dwardmac.pitzer.edu/Anarchist_Archives/bright/dolgoff/cubanrevolution/toc.html
    1987- "Mony Mony" by Billy Idol topped the charts and stayed there for a week.
    1992- "I Will Always Love You" by Whitney Houston topped the charts and stayed there for 14 weeks.
    1995 - The Beatles' "Anthology I" sold 450,000 copies in its first day of release. According to Capitol Records, it was the most single-day sales ever for an album. Yeah, yeah, yeah...
    1995-The first entirely computer-animated movie “ Toy Story,” 81 minutes long, was re­leased Walt Disney Pictures, Burbank, CA. It was produced at Pixar Corporation and directed by former Dis­ney animator John Lasseter. The plot involves the adventures of two dolls, a cowboy and a space hero, who are rivals for the attention of a young boy. Toy Story was one of the year's top-grossing films, earning close to $300 mil­lion worldwide in its first 12 months of release.
    1995- The Dow-Jones Index of 30 major industrial stocks topped the 5,000 mark for the first time.
    1996- CompuServe announced it would shut down its family-oriented service, WOW!, just eight months after it was launched. The company had tried to enter the family market and enhance its computer presence earlier in the year, but it backed off after investing some $70 million in the high-profile launch. The service attracted only about 100,000 subscribers during its short life.
    2002 -In an effort to appeal more to women and families, Major League Baseball announces a partnership with 5-year-old Women's Pro Softball League recently renamed National Pro Fastpitch. MLB will provide sponsorship support along with giving the softball players a presence at big league events.

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