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Classified Ads---Legal

 

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

Orange County, CA 20+ years with record of success. Hands on manager that can show how its done to get great results in Legal/Collections. michaellosey@gmail.comhttp://www.linkedin.com/pub/michael-losey/12/229/824

San Diego , CA  Experienced in-house corporate, equipment leasing and financial services attorney seeks position as managing or transactional counsel. Willing to relocate. Cell Phone: 760-533-4058; Email:marshallrosenberg@gmail.com | Resume

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

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Equipment Acquisition Resource Founder Plays Roulette

Donald Lawson called to say Equipment Acquisition Resource Founder Sheldon Player telephoned him using an unlisted telephone so he couldn't see the number and asked him if he had spoken to Leasing News. Lawson said, "Yes" and hung up the telephone.

Evidently Player does read Leasing News.

In the interview, Mr. Lawson was not asked what Player's favorite game was when he gambled. He answered baccarat, but mostly roulette. I told him I was told by others that roulette was the casino game with the most odds against the player. He said Player was using casino markers and seemed to always win. He once saw him win a special prize of $200,000 on the first spin.

Lawson said he thought Player was more interested in the girls than the gambling. He liked having a lot of cash on hand rather than chips, Lawson explained. Player would let the girls play for him, particularly getting excited when they won and he would give them a cash payoff later. They were most grateful, Lawson observed.

Exclusive---"My Three Years with Sheldon Player"
Last Seen at the Grand Victoria Casino
http://leasingnews.org/archives/Oct2012/10_03.htm#exclusive

 

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Hiring Demand Softens in Q3 Mirroring
Trends in Capital Goods Orders

The ZRG Partners Equipment Leasing and Finance Hiring Index showed a 28 percent decrease in hiring demand this quarter, reversing the streak of three straight quarters of hiring demand growth.

Three of the index companies, GE Capital, De Lage Landen and CIT, all continued to show a healthy hiring demand for the quarter, but the broader lending and leasing markets did not have the same trends, resulting in a net decrease in overall hiring opportunities in the quarter.

Demand remains consistent on most job boards and postings, as companies continue to seek new originators / sales talent with volume that could transition to a new employer.

Along with sales hiring, we see lots of activity in hiring for the credit function, where asset growth and volume increases are creating demand for credit and risk talent to support existing volume. Their appears to be a shortage of available credit / risk talent to fill the open positions in the market, most likely leading to a game of musical chairs for companies hiring and losing credit talent.

Comparing the hiring demand to overall Capital Goods Orders, we can see that overall new equipment sales are trending downward this quarter, while 2012 business planning demand to add loan and lease volume is still high for many lenders to achieve goals for the year.

Additionally, the U.S. Commerce Department reported that factory orders fell 5.2 percent in August, the biggest drop in more than three years. The decline was largely because demand for commercial aircraft plunged 102 percent. That pulled down orders for long-lasting manufactured goods by 13.2 percent.

This cannot be good news for aviation lessors and banks that provide leasing in this specialized sector. However, on the positive side, orders for business equipment and software, often considered a proxy for investment plans, rose 1.1 percent, after two steep declines, perhaps putting some wind into the sails of technology lessors and lenders in this space.

Looking inside the index numbers, demand by functional roles showed “sales” continues to drive.

Global Practice Leaders

Larry Hartmann lhartmann@zrgpartners.com
Ken Vancini kvancini@zrgpartners.com
Ken Lubin klubin@zrgpartners.com

About ZRG Partners and the Hiring Index

ZRG Partners, Inc. is a global authority on talent management issues within the equipment finance and leasing markets. ZRG provides its clients with specialized market expertise in executive recruitment, consulting and advisory work with a focus on data and analytics to drive great business decisions.

The Hiring Index is published quarterly and is based on several key proprietary data sources. These data sources include hiring data that comes directly from benchmark firms that make up the Index, as well as 20 different national job boards and several leasing industry-specific job sites. The sample group includes banks, captives and independents.

The next update will be January 2013. We also publish the Global Equipment Leasing and Asset Finance Hiring Index, which looks at global leasing hiring trends, as well as the Global Life Sciences Hiring Index.

Full report:
http://www.leasingnews.org/PDF/ZRG3rdQuarterIndex.pdf

 

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New Hires---Promotions

Elaina Armlovich was hired as Business Development Manager Blue Bridge Financial, Buffalo, New York. She will be based out of the company's Buffalo, New York office. Saint John Fisher College (2005 – 2009) Grenoble Ecole de Management - Grenoble Graduate School of Business, CIB, International Business.
www.linkedin.com/pub/elaina-armlovich/11/50b/420

Mark DeBacker, CEO, Blue Bridge Financial, Buffalo, New York was promoted to open and led a company office in San Francisco, California. He joined the firm in July, 2009. Prior he was president & ceo of DeBacker Consulting Group LLC (December, 2008-December, 2009),managing director, financial institutions group, Carillon Capital partners (February, 2009-June, 2009), svp/cfo, Stampede Holdings (August,, 2006-December, 2009), senior vice president & cfo, Evans National Bank (July, 2001-august, 2006), CFO, Niagara Falls Memorial medical Center (June, 1999-July, 2001), director of financial reporting & accounting ViaHealth (September, 1998-June, 1999), manager, Deloitte (February, 1992-september, 1998), Rochester Institute of Technology, BS, Business Administration - Accounting/Economics (1988-1992).
www.linkedin.com/pub/mark-debacker/10/899/53a

Joseph C. Lane named chairman of the board for OnePack, a cloud-based logistics systems company, specializing in equipment returns for original equipment manufacturers (OEMs), leasing companies, and equipment remarketers and recyclers. "Mr. Lane has held senior executive and leadership positions in the equipment finance industry for more than 30 years, including roles as President of IBM Credit Corporation / Senior Vice President of IBM, Chief Executive Officer of GE Technology Finance, CEO of GATX Capital and Vice Chairman of Bay4 Capital. He has been Chairman of both the Equipment Leasing & Finance Association (ELFA) and its Foundation (ELFF), and has served on the board of several other commercial enterprises and non-profit organizations.

Nate Pfeifer hired as Regional Sales Manager for Blue Bridge Financial, Buffalo, New York. He will be based in Grand Island, Nebraska. University of Nebraska at Kearney Bachelor's degree, Business Administration and Management, General
www.linkedin.com/pub/nate-pfeifer/59/158/aa0

 

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Leasing Industry Help Wanted

New Orange County Office Taycor has developed and tested an innovative and unique marketing engine, and we are ready to grow!  We are looking for closers and relationship builders, not cold callers. (Full description) jobs@taycor.com or apply online at www.taycor.com

 

Experienced only, Sales Reps 1 Southeast, 1 West Coast Looking to Expand Your Career Base Salary & Commission Send resumes to dmitchem@ifsc.com www.ifsc.com Stable, profitable independent lessor, 30 years in business Libertyville, IL

 

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.

Funders Looking for New Broker Business

To qualify for this list, the company must be a funder (as qualified by Leasing News and on the “Funder List” an acceptable Better Business Bureau Rating and no history of complaints at Leasing News, as well as notifying lessees in advance when the lease will end and what the residual will be, specifically not automating extra lease payments, or insisting their discounter follow the same policy. We reserve the right to not list a company who does not meet these qualifications

There is no advertising fee or charge for a listing. They are “free.” Leasing News makes no endorsement of any of the companies listed, except they have qualified to be on this specific list.

We encourage companies who are listed to contact us for any change or addition they would like to make. Adding further information as an "attachment" or clarification of what they have to offer would be helpful to readers is very much encouraged

Send company name, contact/email or telephone number as well as a URL to attach or description to kitmenkin@leasingnews.org

Alphabetical list - click on company name to view more details

1st Enterprise Bank Leasing Advantage Funding Agility Solutions Allegiant Partners Incorporated Allegheny Valley Bank Leasing  American Leasefund, Inc. Bank of the West Bankers Capital  Barrett Capital Corporation Black Rock Capital Blackstone Capital Partners, L.P. Blue Bridge Financial, LLC Boston Financial & Equity Corp.

BSB Leasing, Inc. Calfund, LLC Chesapeake Industrial Leasing Co., Inc. Cobra Capital LLC Commerce National Bank Leasing Dakota Financial  Data Sales Co., Inc. Exchange Bank Leasing (formerly Dumac Leasing) FirstLease, Inc. First Federal Leasing Financial Pacific Leasing Forum Financial Services, Inc. Gonor Funding Lease Corporation of America Manufacturer's Lease Plans, Inc

Mar Vista Financial Maxim Commercial Credit, LLC National Equipment Finance National Machine Tool Financial Corporation NFS Leasing, Inc Northwest Leasing Company, Inc P&L Capital Corporation Pawnee Leasing Corporation RLC Funding Standard Professional Services, LLC Summit Leasing, Inc. TEAM Funding Solutions Vision Financial Group, Inc.

Full List:
http://www.leasingnews.org/Funders_Only/New_Broker.htm

 

Rosanne Wilson, CLP, Recovering

Rosanne Wilson, CLP, B.P.B.
1st Independent Leasing, Inc.

After receiving many inquiries from friends of Rosanne Wilson, CLP, former treasurer of the National Association of Equipment Leasing Brokers, now CLP Foundation President and on the Leasing News Advisory Board, Leasing News has permission to report she is back from the hospital after fracturing her Sacrum and rupturing two discs. This most likely happened due to the 60 days of the massive radiation she received when she was fighting cancer; one of the side effects of the cancer recovery.

She remains in pain, did conduct a telephone CLP board meeting, has limited time on her laptop, with her husband taking almost full-time care of her.

She put this on her auto responder:

“I was discharged from the hospital this past Sunday. I injured my back and my Sacrum is fractured. As a result, I am confined to bed rest for a few weeks at home while I heal. I can respond to emails on a limited basis during this time, but if you need help with some equipment financing while I am recuperating, please call my longtime associate Jim Phelps at 503-533-0807 and he will be happy to help you. You will receive excellent service during this time I apologize for any inconvenience this may cause you.”

Rosanne Wilson, President

 

 

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Secured Creditor Back-Dates Foreclosure Sale Documents
Hit with Punitive Damages for Violation of the Automatic Stay
By Tom McCurnin and Frank Peretore

Secured Creditor Which Validly Repossessed Collateral After Default
and Before Bankruptcy Falsified Foreclosure Sale Documents to
Defendant Foreclosure Sale Which Never Occurred

Singer Kenny Rogers extolled the virtues of “knowing when to hold them” and “knowing when to fold them.” A Texas secured creditor should have listened to more country music.

Today’s case is In re Burrell, 2012 WL 3727130 (S.D. Tex. 2012).

There, a secured creditor Auto Pak was secured by a nice BMW, and the Debtor became in default of the loan. Auto Pak legally repossessed the vehicle. However, about a month later, the Borrower filed a Chapter 13 Bankruptcy and as part of the filing, demanded that Auto Pak return the vehicle.

Not to be out done, Auto Pak ginned up a set of foreclosure sale documents which allegedly occurred one day before the Bankruptcy filing. Auto Pak allegedly sold the vehicle and delivered it to the new buyer, another car dealer. This would have ended the analysis, but a clever Bankruptcy lawyer saw the vehicle on Auto Pak’s lot and started scheduling depositions.

Although Auto Pak forcefully argued the collateral was sold, the so-called buyer never received the vehicle, never paid money for it, and was not told why. The Court found the whole foreclosure sale process to be a charade to avoid bankruptcy. There was never a foreclosure sale.

Auto Pak wasn’t through yet, it claimed that its Bill of Sale was sufficient to transfer title to another dealer. However, it is crystal clear that the Bill of Sale happens after a foreclosure sale, not before. The secured creditor has to dispose of the borrower’s interest in the collateral before selling it, right?

After the charade of so-called witnesses to the non-existent foreclosure sale was called into question by the Bankruptcy lawyer, it was all over but the crying. Auto Pak was tagged with $7,000 in damages, almost $60,000 in attorney fees and another $7,000 in punitive damages. It appealed to District Court.

Auto Pak received no sympathy from the District Court. The Court correctly held that although the repossession was valid, Auto Pak had to conduct a foreclosure sale under UCC §9-610 or accept the BMW in full satisfaction of the obligation in accordance with UCC § 9-620. The court noted “It is beyond dispute that Debtor's automobile, while lawfully repossessed prior to the filing of Debtor's bankruptcy petition, continues to be property of the estate.”

It is not uncommon that a debtor will file a bankruptcy petition on the heels of repossession. In this situation, the question arises as to whether the collateral is still part of the debtor’s estate (and the creditor must return the collateral to the debtor) or whether it is not part of the debtor’s estate (and the creditor may conduct a foreclosure sale). The answer turns on whether the transaction is a true lease or a conditional sales contract and involves a determination of when the debtor’s legal and equitable interests in the collateral terminated.

The lesson for creditors here, other than don’t ever commit fraud, is that under the Uniform Commercial Code, repossession alone does not transfer title and does not terminate the debtor’s legal and equitable interests in the collateral. Generally, under Section 9-623, entitled “Right to Redeem,” the creditor will need to return the collateral to the debtor unless it has foreclosed and sold the collateral prior to the bankruptcy filing.

It should also be noted that even if the debtor does not seek a return of the collateral after filing of a bankruptcy petition, the creditor must obtain relief from the automatic stay to proceed with its foreclosure and re-sale of the collateral.

So the bottom line is that Auto Pak should have known when to fold them. For $74,000, I bet they could get several front row seats to a Kenny Rogers concert.

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles and has been in the financial services industry for 30 years.

Frank Peretore is the founding partner of Peretore & Peretore in Sparta, New Jersey and has been an equipment leasing lawyer for over 25 years.

Auto Pak Case:
http://www.leasingnews.org/PDF/AutoPakCase.pdf

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 440.871.0555 or gary@avptc.com

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Bulletin Board Complaints
by Kit Menkin, editor

At present time, Leasing News receives four or five complaints a week; some take a month or more to resolve, and the process is time consuming as the party must present all the documents, correspondence, and email to verify their claim. Some start and give up. Others go to small claims court and then the appeal, and a third appeal (yes, it happens).

Leasing News role was to determine if the complaint was "legitimate," meaning valid, and if not resolved, which might means "negotiated," "compromised," or "settled," it would appear in Leasing News as well as the Complaint Bulletin Board. It was never the role to say who is right or who is wrong, although some are quite obvious, such as an Evergreen Clauses on $1.00 purchase options, or the lessee has a copy he signed of an original purchase option, but does not have a signed copy from the leasing company.

There are also other claims where there is no agreement regarding being paid for time spent and wanting to keep the advance rental because they spent a lot of time, or other issues, such as an approval with an ACH, but the customer won't accept an ACH. Most are an approval at one price, but the lease at another price.

There are also issues over security deposits not being returned and therefore the purchase option not paid or the security deposits applied to the purchase option. A lease starts with one broker, goes to another broker, who discounts to a leasing company that fails, and their portfolio is sold to one company, who later discounts it to another leasing company.

And this has happened a lot in the last few years, such as the current one with the Bankruptcy Estate of IFC Credit whose lease was assigned to M&T Bank with a $1.00 out, but now the Bankruptcy Estate is billing extra lease payments. Another with Co-Activ, who actually returned over paid payments and a security deposit and the trustee on a $1.00 purchase option waited a year before going after non-notification.

And there are complaints from lessees about a "fair market value," and although the salesman said it was a $1.00, they claim, there is no documentation on it, the salesman is no longer around (in the times a salesman is found, none have remembered the lease) and more importantly, on the face of the contract it says "Fair Market Value" or there is no purchase option document.

Now before you say, the lessee should have read the contract, there are many leasing companies who have a side letter that states "fair market value" is $1.00, and they say this is done for "tax reasons" as the purchase option can't appear on the contract. Or sometimes the original proposal says "fair market value" as does the contract, but the lessee says he was told by the salesman it would not be very much at the end.

Recently there are complaints from brokers not being paid their commission. We have been getting two to three a month now. Often when Leasing News gets involved, they get paid or a compromise is made. I keep telling the broker to get it all in writing instead of any verbal “he said, she said” situation.

 

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

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Commitment Letters

The dollar size of the lease proposal often dictates the details and length of the commitment letter.

In small ticket lease, the actual lease payment is often given and calls for the first and last as well as the documentation fee. Often a clause contains a "documentation" fee for $495.00, which is non-refundable if the lease is not approved. A few charge $695.

According to ex-employees as well as complaints that have appeared in Leasing News, many companies get such proposals signed in advance knowing they will be unable to proceed with the lease due to the nature of the equipment or the proposed lessee telling them of their credit difficulties in the presentation or from running a consumer credit report.

Several have taken wordings from other proposal letters regarding “fraud” or “misrepresentation.” These are things that need to be proven in court. In the situations where the applicant has taken the broker/lessor to court, they always lose as the fact is did the lease go together or did it not.

In larger ticket size leases, often a form such as this is used, which specifically charges a fee to process the application:

http://two.leasingnews.org/loose_files/Lease_app_agreement.rtf

Loans or “Working Capital” commitment letters are explicit and require the broker to often be licensed. This form is for use in California:

http://two.leasingnews.org/loose_files/Authorization_to_find_lender.rtf

This form is one of the most widely used in the leasing industry for leases $50,000 and above and covers most of the bases. Note: Last sentences about the signatures makes this more a “proposal,” than commitment. If required, these sentences may be removed.

http://two.leasingnews.org/loose_files/Generic%20commit%20Letter.DOC

It is a good idea to have the form you use reviewed by an attorney with equipment leasing experience. This does not mean your college friend who became a lawyer. You wouldn't take your children to an Endodontist to get braces on their teeth, although the practitioner is a "dentist." The same with going to an attorney. You don't go to a divorce attorney to go over a lease commitment contract.

Some things to consider in your form.

#1: ACH---If you are going to require it or may require it, you should have this spelled out in the agreement. If not in the contract and becomes a requirement of the lease, the proposal is invalid.

#2 Date---It is a good idea to have a time period involved, and perhaps if not approved, from completion of all the documents and/or lease contracts. A prospect can back out after 30 days and bring this up in small claims court, unless spelled out the time begins after all documentation is complete ( attorneys will have different opinions on this and its wording, but the complaint may make it into Leasing News when it takes months before anything happens.)

#3 Personal guarantees--of all officers who own 10% or more of a privately held corporation. (This will protect if the final approval comes in with terms and conditions, but requires other guarantors who are not named on the application or in the proposal.)

Remember, the purpose of the proposal really is to tie the applicant down from shopping elsewhere. If you meet the proposal, and they go elsewhere, you can keep the entire dollar amount---otherwise, unless the applicant agrees to pay you for your hourly time (and you have it writing), you need to return the advance rental, deposit, or fee, less whatever you both have agreed upon as consideration for undertaking the proposed transaction.

 

(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Terry Winders, CLP)

 

 

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##### Announcement ############################

##### Announcement#############################

2012 QSR Drive-Thru Study: Average Service Time

The two easiest gauges of a drive thru’s health, speed and accuracy remain the two strategies at the top of every operator’s drive-thru manual. And according to this year’s data, the benchmark group continues to post stellar numbers in accuracy.

Burger King has the lowest rate with 83 percent accuracy (6.7 percentage points lower than its performance last year), while Chick-fil-A is tops with 92.4 percent. McDonald’s (90.9 percent), Taco Bell (91.2), and Wendy’s (89.9) all improved over 2011. Wendy’s also had the fastest time through the Drive-in Window:

Full Story:
http://www.qsrmagazine.com/reports/2012-qsr-drive-thru-study

• Contract Negotiations • Fraud Investigations  • Credit Investigations • Skip-tracing  • Third-party Commercial Collections John Kenny  Receivables Management For flat fee or commissions basis  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)

Labrador Retriever/Shar Pei Mix
Beaverton, Oregon Adopt-a-Dog

“Gage”
Male
Three years old
Spayed/Neutered
Up-to-date with routine shots
House trained

“Gage is the most unique looking guy. He has black hair and some obvious Lab characteristics, but also, he has the cutest tiny folded ears and wrinkles on his face. Gage is about 3 years old and weighs about 50lbs. He is the calmest, sweetest dog. He is mellow around other dogs and ignores cats unless they are in a backyard and then he may give chase for fun. Gage is not aggressive toward kids, but avoids them. We think they make him a little nervous. Really just likes to lay next to his adult, wherever they are.

“The only caveat to this terrific temperament dog, is that he freaks in a crate, and has separation anxiety if you leave him alone. This dog lives to be with people. We are working on some techniques for getting him over this anxiety, but whoever adopts him will need to be prepared to work with him on this issue also. Otherwise, Gage is the best dog ever.”

Video available here:
http://www.petfinder.com/petdetail/17469319#

Indigo Rescue, Beaverton, OR
•503-626-7222
heather@indigorescue.org

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/

 

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Classified Ads---Employment Web Sites

Here is a list of top internet job web sites, several specializing in financial, money, and leasing, too.

www.adams-inc.com
www.affinitysearch.com
www.bajobs.com
www.careerbank.com
www.careerbuilder.com 
www.careerpath.com
www.careerjet.com
www.craigslist.org
ELFA Career Center
www.employmentcrossing.com 
www.FinanceLadder.com 
http://www.findhow.com/
www.hotjobs.com
www.Hound.com 
www.indeed.com
www.jobs.net
www.jobs-applications.com
www.jobssearchengine.net
www.jobsearchusa.org 
www.JobSpin.com
www.jobsinthemoney.com
www.ladders.com
www.leasingworld.co.uk
www.lessors.com
www.LinkUp.com
www.MarketingJobs.com
www.monitordaily.com
www.monster.com
www.monstertrak.monster.com/ 
www.Postonce.com 
www.RecruiterConnection.com
www.resumeblaster.com
www.snagajob.com/part-time-jobs/ 
www.toplanguagejobs.com 
www.vault.com
www.vetjobs.com
www.worktree.com
www.worldleasingnews.com

Fernando's View
By Fernando F. Croc

Ingenious sci-fi ("Looper") and colorful animation ("Hotel Transylvania") make for a first-rate double-bill in theaters, while new DVDs offer a majestic outer-space saga ("Prometheus"), a bit hand-drawn French whimsy ("A Cat in Paris"), and a tribute to one of cinema's greatest icons.

In Theaters:

Looper (Tristar Pictures): With his previous films "Brick" and "The Brothers Bloom," writer-director Rian Johnson established himself as a very clever genre engineer. His hot streak continues with this entertainingly twisty futuristic tale, which finds the filmmaker ingeniously tackling science fiction. Set in the year 2044, the movie imagines a world where time-traveling is not only possible, but used as part of an outlaw web of gangsters and executions. Joe (Joseph Gordon-Levitt) is a young man who gets involved in these technological operations, living the high life while getting rid of mob witnesses. Things get complicated, however, when Joe himself is set up for a hit, which leads him to jump ahead a couple of decades and confront his own older self (played by Bruce Willis). With excitement and humor, Johnson outclasses most current Hollywood blockbusters while using just a fraction of their budgets.

Hotel Transylvania (Columbia Pictures): Following a rough production history (the project originated way back in 2006 and went through a series of different directors), this animated feature finally arrives in screens, with mostly enjoyable results. Set in Transylvania, the legendary land of vampires, the plot focuses on Count Dracula (voiced by Adam Sandler), whose ghoulish exterior is only a facade for a concerned dad. As he opens his castle for travelers, Dracula becomes concerned when his moody teen daughter Mavis (Selena Gomez) falls for a clueless backpacker (Andy Samberg). Can vampires and humans find enough common ground for love to grow? A veteran of inventive network cartoons (including "Dexter's Laboratory" and "Samurai Jack"), director Genny Tartakovsky keeps the story rollicking, aided by a vocal cast that includes Fran Drescher, Steve Buscemi and Jon Lovitz.

Netflix Tip: Though best known for his role as Inspector Clouseau's hilariously frustrated foil in the "Pink Panther" series, Herbert Lom (1917-2012) had a long and varied career that spanned decades. So check out Netflix for this veteran actor's choicest hits, from "The Ladykillers" (1955) and "Spartacus" (1960) to "El Cid" (1961) and "A Shot in the Dark" (1964).

On DVD:

Prometheus (Fox): Oscar-winning director Ridley Scott ("Gladiator") returns to his roots in this visually sumptuous prequel to the original "Alien," the 1979 sci-fi blockbuster which kicked off his career. The title refers to the name of a vast spaceship carrying a crew through outer space in the future, the very same spaceship that will be discovered crawling with predatory creatures in the first "Alien." Among those on board are scientist Elizabeth (Noomi Rapace), android David (Michael Fassbender), corporate head Meredith (Charlize Theron), and space captain Janek (Idris Elba). Once they make contact with the alien form, however, their scientific curiosity gives way to a fight for survival in the face of a threat not only to them, but to humanity itself. Brimming with graphic flair and shocks, Scott's film is a striking new addition to the remarkable "Alien" franchise.

A Cat in Paris (Cinedigm): Animation buffs looking for a style different from the usual Disney/Pixar standard shouldn't miss this unique, colorful French feature, which was nominated for an Academy Award earlier this year. Co-directed by Jean-Loup Felicioli and Alain Gagnol, the story follows the various travails of a clever cat named Dino. By day he's the docile pet of a police officer's mute daughter named Zoe, but by night Dino slips into the night and onto the other side of the law, playing sidekick to a jewel thief known as Nico. As Zoe's mom Jeanne (voiced by Marcia Gay Harden) gets closer to Nico's gang, will Zoe's friendship with Dino be jeopardized? Brimming with hand-drawn visual elegance as well as a less cuddly, more European sensibility, the movie has a feline charm appealing to both younger and older viewers.

The Robert Mitchum Film Collection (Fox): Maybe no actor ever embodied cinematic "cool" better than Robert Mitchum, whose indelible screen persona is in full display in this new, 10-disc DVD collection. None is greater than "The Night of the Hunter" (1955), a remarkably striking nightmare in which Mitchum unforgettably plays a fake preacher tracking down a pair of runaway orphans. Other great entries in this set include the 1954 Western "River of No Return," where he shares the screen with another legendary icon, Marilyn Monroe, and also 1957's "Heaven Knows, Mr. Allison," an underrated comedy-drama where he plays a skipper who finds himself stuck with a proper British nun (Deborah Kerr). Also including the terrific action drama "Thunder Road" and the suspenseful submarine yarn "The Enemy Below," this is a must-own for fans of this peerless movie icon.

News Briefs----

 

Boom go the refis, as mortgages hit record
http://www.bankrate.com/finance/news/boom-go-refis-mortgages-hit-record.aspx?ic_id=ts1

Lessor Concerns Prompt Rebuttal Of Aircraft Retirement Age Claims
http://www.aviationweek.com/Article.aspx?id=/article-xml/avd_10_03_2012_p01-02-502556.xml

FBR-Top-Franchises-2012 Report (32 pages)
http://www.leasingnews.org/PDF/FBRTopFranchises2012.pdf

America’s Emptiest Cities
http://blog.sfgate.com/ontheblock/2012/10/04/americas-emptiest-cities/#7578-1

Facebook tops 1 billion users
http://www.nypost.com/p/news/business/
facebook_tops_billion_users_wJi5ChwqrbTnOjCWDHeFO

Bond movies have beaten do-or-die odds for 50 years
http://seattletimes.com/html/businesstechnology/
2019335871_jamesbondxml.html

 

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You May Have Missed---

Working at home becomes more common
http://www.upi.com/Business_News/2012/10/04/Working-at-home-becomes-more-common/UPI-53001349362549/

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SparkPeople--Live Healthier and Longer

SparkPeople--Live Healthier and Longer

Poll: Do You Always Wear Sunscreen?
http://www.dailyspark.com/blog.asp?
post=poll_do_you_always_wear_sunscreen

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Sports Briefs----

Rams win slugfest over Arizona 17-3
http://www.stltoday.com/sports/football/professional/rams-report/rams-win-slugfest-over-arizona/article_07b07fec-0e9e-11e2-a71c-0019bb30f31a.html

Bay Bridge World Series? Believe it!
http://www.contracostatimes.com/mark-purdy/ci_21699901/mark-purdy-bay-bridge-world-series-believe-it

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Baseball Poem

SHORTSTOP by Charles Ghigna ©

Published: Boyd Mills Press (2003)

The slits of his eyes  hidden in shadows  beneath the bill of his cap,  he watches and waits  like a patient cat  to catch what comes  his way. Crack!  and he pounces  upon the ball,  his hands flying  above the grass,  flinging his prey  on its way  across the diamond  into a double-play.

 

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California Nuts Briefs---

New California Law Worries Smog Shop
http://www.courthousenews.com/2012/10/04/50958.htm

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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Napa Heat wave boosts sugar levels
http://napavalleyregister.com/star/business/harvest-report-heat-wave-boosts-sugar-levels/article_f9434d1c-0ddb-11e2-bb04-0019bb2963f4.html

Vintner With Nothing to Hide Finds That Few Are Looking
http://www.nytimes.com/2012/10/10/dining/bonny-doon-vineyards-labeling-policy-draws-little-attention.html?ref=dining&_r=0

Wine Wave is Sunday at Charles Krug
http://napavalleyregister.com/star/news/local/wine-wave-is-sunday-at-charles-krug/article_493b8eb4-0ddd-11e2-be55-0019bb2963f4.html

What Goes with Chicken
http://www.pressdemocrat.com/article/20121003/LIFESTYLE/210031004

Three Biggest Wineries Take Half the Growth
http://www.winesandvines.com/template.cfm?
section=news&content=105598

 

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

   1646-A “Wolf bounty” was granted under authority of the General Assembly held at James City, VA. It was singed by sir William Berkely, Knight Governor, and provided that “what person soever shall after publication hereof kill a wolfe and bring in headoto any commissioner, upon certificate of said communication to the county court, he or they shall received one hundred pounds of tobacco for doing to be raised out of the County where the wolfe is killed.”
    1703-Birthday of famed Preacher Jonathan Edwards, born East Windsor, CT: an American Congregationalist clergyman, was the outstanding theologian and scholar of colonial New England in the 1700's, leader of the “Great Awakening.”. In his most famous book Freedom of the Will (1754), he upheld such Calvinistic doctrines as predestination. But he insisted that man had freedom to choose alternative courses when forces outside him "inclined" his will to choose.. He received A.B. and A.M. degrees from Yale University. In 1727, he was ordained and installed as assistant in the church of Solomon Stoddard, his grandfather, at Northampton, Mass. When Stoddard died in 1729, Edwards became pastor. The religious revival, a part of the Great Awakening, came to his church in 1734. His famous sermon, "Sinners in the Hands of An Angry God"(1741), was preached during his revival. Edwards ' discipline of young people for reading "immoral" literature and his refusal to give communion to unconverted church members caused dismissal in 1750. He then served as a missionary to the Indians in Stockbridge, Mass., from 1751-1757. Edwards became president of the college of New England (now Princeton) in 1758, but died later that same year when he contracted smallpox from an inoculation.
http://www.jonathanedwards.com/sermons.htm
    1717- the “Mississippi Bubble,” or “ Mississippi Scheme,” devised by John Law to promote and finance French colonization in Louisiana ruined thousands of investors The Duke of Orleans, regent of France, had encouraged and underwritten Law, a Scottish financier and speculator, to start a bank. Under the name of the Western Company ( also known as the Company of the West, “Comagnie D'Occident,” and the Mississippi Company), the bank gained control of all trade on the Mississippi River and issued paper money in excess of available security. (1720), Law, made controller general of finances, merged the huge stock company with the royal bank and took over most of the public debt and the administration of revenue. A rash of speculation swept France. Numerous small investors bought stock, which soared to heights far beyond what could be expected in returns from the exploitation of the colonies and from trade with East Asia. The bubble burst suddenly. Well-informed speculators sold their stock at huge profits, setting off a frenzy of selling that ruined thousands of investors. Very similar to the Dot.com experience of today. The collapse of the bank in 1720 ruined Law and caused great trouble in France. Although his financial scheme end in failure, it did promote colonization in Louisiana. Law died in 1725.
    1813 - The Battle of the Thames was decisive in the War of 1812. The U.S. victory over British and Indian forces near Ontario at the village of Moraviantown on the Thames River is known in Canada as the Battle of Moraviantown. Some 600 British regulars and 1,000 Indian allies under the command of Colonel Henry Procter and Shawnee leader Tecumseh were greatly outnumbered and quickly defeated by U.S. forces, an army of 3,500 troops, under the command of Maj. Gen. William Henry Harrison. The British army was retreating from Fort Malden, Ontario after Oliver Hazard Perry's victory in the Battle of Lake Erie. Tecumseh convinced Colonel Procter to make a stand at Moraviantown. The American army won a total victory. The British soldiers fled or surrendered. The Indians fought fiercely, but they lost heart and scattered after Tecumseh died on the battlefield. Richard Johnson probably killed the Indian leader. The Battle of the Thames was the most important land battle of the War of 1812 in the American Northwest. General Harrison's victory marked the end of Tecumseh's Confederacy and the downfall of the Indians in Ohio.
    1824-The birthday of Henry Chadwick, Baseball Hall of Fame sportswriter and innovator born at Exeter, Devon, England. Known as the “Father of Baseball” and later as “Father Chadwick,” he wrote voluminously about baseball, popularizing the game and protecting its integrity. He prefected the newspaer box score, served on the rules committee and devised the method of scoring games still in use. Inducted into the Hall of Fame in 1938. Died in New York April 20, 1908.
    1829- Birthday of the 21st president of the US, Chester Alan Arthur, born at Fairfield, VT, and succeeded to the presidency following the death of James A. Garfield. Garfield was shot July 2, 1881, as he entered the railway station at Washington, DC. He died September 19,1881, never having recovered from the wound. The assassin, Charles J. Guiteau, was hanged June 30, 1882. Arthur's term of office: Sept 20, 1881-Mar 3, 1885. He was not successful in obtaining the Republican party's nomination for the following term. June ,1884 the Republican National Convention nominated James G Blaine of Maine for the presidency on the first ballot. Gen. John A. Logan of Illinois was nominated for the vice presidency. The “Mugwumps,” the independent Republicans walked out of the national convention in Chicago, IL, when the party nominated James G. Blaine. They felt he would not support civil service reform. On June 16, they held a convention of their own in New York City, pleding support to the Democratic Party if a liberal candidate were named. The presidential election campaign of 1884 was fought mainly with attacks on the reputations of the rival candidates. The Republican candidate James G. Blaine, on the basis of letters he had written, was accused of having profited from the Credit Mobilier scandal involving the building of the Union Pacific Railroad. His opponents sang: “Blaine, Blaine, James G. Blaine, the continental liar from the state of Maine.” The Democratic candidate Grover Cleveland was accused of having fathered an illegitimate child, which in his forthright manner he admitted. The turning point of the election was most likely a remark made on October 9th by the Rev. Samuel D. Burchard in New York, in the presence of Blaine, that the Democrats were the party of “Rum, Romanism, and Rebellion.” Blaine did not disavow the remark, and the Irish-American Roman Catholics of New York were outraged. Cleveland carried the state by 1149 votes and thereby won the presidency. Cleveland received 219 electoral votes to Blaine's 182, but the popular vote was Cleveland 4,911,017 to Blaines' 4,848,334. Arthur died a broken man on November 18,1886.
    1852-A major boon to the agriculture industry was the patient of Lorenzo Lorraine Langstroth, a former pastor in Oxford, Ohio, for a beehive with removable frames. Langstroth's hive designed revolutionized beekeeping because it was the first that allowed bees to build combs on wooden frames that could be removed, stripped of honey and wax, and then replaced. His key discovery was the "bee space," the minimum air space that bees would not bridge with wax or bee glue. By setting up his frames at this distance, he prevented the bees from building connections between them. This allowed him to remove one frame at a time without damaging the adjacent frames, and enabled him to maximize the amount of honeycomb in the hive. 
http://en.wikipedia.org/wiki/L._L._Langstroth
    1863- in an attempt to disrupt the Union blockade of Charleston Harbor, the Confederate semi-submersible "David" rammed the Federal ironclad "New Ironsides" with a spar torpedo This was the first successful Southern attack using a submersible craft. Although both sides experimented with submarine warfare during the Civil War, the results were far from encouraging, as the submarines caused more fatalities to their own crews than to the opposing side.
    1871- Celia C. Burleigh became the first woman ordained as a Unitarian minister. Her parish was in Brooklyn, CT.
http://www.uua.org/uuhs/duub/articles/celiaburleigh.html
    1871-The first woman ordained a Unitarian minister was Celia C. Burleigh, who was given a parish in Brookly, CT.
    1877- after a 1,700 mile retreat, Chief Joseph and the Nez Perce Indians surrendered to US Cavalry troops at Bear's Paw near Chinook, Montana. Chief Joseph made a speech historians consider a famous surrender message, " From where the sun now stands, I will fight no more forever."
    1897--Birthday of Dr. Florence Seibert - U.S. chemist. Dr. Seibert developed the process that removed bacteria from water in a single distillation - a process vital for safe injections and other medical uses. Until her process, water wasn't always safe for injection even after three distillations. She also perfected the first reliable test for TB that was adopted as the standard in the U.S. in 1941 and worldwide in 1952. She was tiny, weighing less than 100 pounds and was partially disabled from a childhood bout with infantile paralysis. 
    1905- Helen Newington Wills (Moody) - U.S. tennis champion, one of the greatest of all times. She graduated from the University of California with a degree in Fine Arts Phi Beta Kappa (1928) as the reigning American woman tennis player.With her tremendous ground stroke teamed with amazing control and steely concentration, from 1923 to 1938 she won Wimbledon eight times - a record broken 50 years later by Martina Navratilova with nine wins. Moody won the U.S. Championship seven times and the French Open four times - and won two Olympic gold medals. She also won the doubles at Wimbledon three times and U.S. doubles four times. She dared appear in sleeveless blouses and knee length skirts without stockings. She was too powerful a figure in tennis to be disqualified, although there was movement for her to be declared ineligible for "immoral behavior." From 1926 to 1932 she did not lose a single set on American soil!
    1908- Birthday of Carole Lombard - U.S. film actor. She was the outstanding American film actor of light comedy of her time. Her popularity was still on the rise when she died in a 1942 plane crash during one of her many war bond-selling trips during World War II. She was married to Clark Gable.
    1918--ELLIS, MICHAEL B. Medal of Honor Rank and organization: Sergeant, U.S. Army, Company C, 28th Infantry, 1st Division. Place and date: Near Exermont, France, 5 October 1918. Entered service at: East St. Louis, Ill. Born: 28 October 1894, St. Louis, Mo. G.O. No.: 74, W.D., 1919. Citation: During the entire day's engagement he operated far in advance of the first wave of his company, voluntarily undertaking most dangerous missions and single -handedly attacking and reducing machinegun nests. Flanking one emplacement, he killed 2 of the enemy with rifle fire and captured 17 others. Later he single -handedly advanced under heavy fire and captured 27 prisoners, including 2 officers and 6 machineguns, which had been holding up the advance of the company. The captured officers indicated the locations of 4 other machineguns, and he in turn captured these, together with their crews, at all times showing marked heroism and fearlessness. 
    1928- Bix Biederbecke cuts five sides with Paul Whiteman, Columbia-Okeh.
    1939-Perry Como records “ I Wonder Who Is Kissing Her Now” with the Ted Weems Band,Decca.
    1943 - WASP pilots are landing a shipment of new BT-15's from the U.S. factory to the Orange County Airport, Ontario, where they were ferried on to England. One plane entering its turn onto the final approach falters, goes into a diving steep turn and crashed. Virginia Moffatt, an able flier, is dead. Most WASPs who witnessed the crash believe it is the "old" problem of carbon monoxide leaking in the cockpit of the BT-15's, a known problem that caused many of the women transporting the planes to fly the planes with their canopies partially open regardless of the cold.
    1944--KRAUS, RICHARD EDWARD Medal of Honor
Rank and organization: Private First Class, U.S. Marine Corps Reserve. Born: 24 November 1925, Chicago, Ill. Accredited to: Minnesota. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving with the 8th Amphibious Tractor Battalion, Fleet Marine Force, in action against enemy Japanese forces on Peleliu, Palau Islands, on 5 October 1944. Unhesitatingly volunteering for the extremely hazardous mission of evacuating a wounded comrade from the front lines, Pfc. Kraus and 3 companions courageously made their way forward and successfully penetrated the lines for some distance before the enemy opened with an intense, devastating barrage of hand grenades which forced the stretcher party to take cover and subsequently abandon the mission. While returning to the rear, they observed 2 men approaching who appeared to be marines and immediately demanded the password. When, instead of answering, 1 of the 2 Japanese threw a hand grenade into the midst of the group, Pfc. Kraus heroically flung himself upon the grenade and, covering it with his body, absorbed the full impact of the explosion and was instantly killed. By his prompt action and great personal valor in the face of almost certain death, he saved the lives of his 3 companions, and his loyal spirit of self -sacrifice reflects the highest credit upon himself and the U.S. Naval Service. He gallantly gave his life for his comrades.
    1947 - The first taped radio show is broadcast on ABC, a performance by Bing Crosby that demonstrated the capabilities of the new Ampex 200 recorder.
    1949-AC/DC lead singer Brian Johnson is born
    1950- You Bet Your Life” premiered on TV.. This funny game show began on radio in 1947 and moved to TV with Groucho Marx as host and George Fenneman as announcer and scorekeeper. Players tried to answer questions in the category of their choice, but Groucho's improvised interviews stole the show. Many unusual guests appeared, both professional and nonprofessional (including Phyllis OilIer and Candice Bergen, who would later become famous). Players could also win money by uttering the secret word, an everyday word suspended above the stage on a duck that dropped when the word was spoken. This was one of the few shows to be filmed, because the interviews needed to be edited. Two short-lived revivals of the series aired, with Buddy Hackett as host in 1980, and with Bill Cosby in 1992.
    1953 - The Yankees won their fifth straight World Series, a feat never before achieved in baseball history. They beat the Dodgers, 4-3, in the decisive sixth game of the series, and the Yanks chalked up their 16th world championship against only four defeats.
    1953 - Earl Warren, the former Governor of California and republican vice-president Candidates in the previous presidential election, was sworn in as the 14th chief justice of the United States, succeeding Fred M. Vinson.
    1955-Elvis Presley's "I Forgot to Remember to Forget Her," hits #2 on the Memphis charts. The Number One song is Johnny Cash's "Cry, Cry, Cry.
    1956- “Zane Grey Theater, “. Officially titled “Dick Powell's Zane Grey Theater,” this western anthology series was hosted by Powell and featured both stories by Grey and original telecasts. Powell occasionally starred in an episode. Guest stars included Hedy Lamarr (in her only dramatic TV role), Ginger Rogers, Claudette Colbert and Esther Williams. My father Lawrence Menkin wrote several of the episodes.
    1959- Bobby Darin's "Mack The Knife" hits #1 on the pop chart.
    1959-21 year old Paul Evans reaches the Billboard chart for the first time with a novelty song called "Seven Little Girls" (sittin' in the back seat, kissin' and huggin' with Fred). Along his own recording career, Evans wrote many hits for other artists, including Bobby Vinton's "Roses Are Red" and The Kalin Twins "When".
    1961-Neil Sedaka records "Happy Birthday Sweet Sixteen", which will become his eighth US Top 20 hit. He will go on to have thirteen more.
    1961-As a follow up to their US number one smash, "Blue Moon", The Marcels release a similar sounding tune called "Heartaches", which will climb to number seven on the US Pop chart.
    1968- Cream's "White Room" and Steppenwolf's "Magic Carpet Ride" are released.
    1974 - The Beach Boys' LP Endless Summer hits #1.
    1976 - Hall and Oates' second album, "Abandoned Luncheonette," which contained their original hit version of Tavares' #1 R&B tune, "She's Gone," is certified gold three weeks after its release.
    1986 - Eric Dickerson runs for an overtime-record 42-yard touchdown as the Rams defeat the Buccaneers 26-20. 
    1987 - It was another day of scorching heat for the southwestern U.S. Afternoon highs of 102 degrees in Downtown San Francisco, and 104 degrees at Monterrey, established all-time records. The high of 101 degrees at San Jose was a record for October. Sacramento tied their record for October for the third time in the month, with a reading of 102 degrees. The high for the nation was 111 degrees at San Luis Obispo and Palm Springs. Twenty cities in the southeastern U.S. reported record low temperatures for the date, including Knoxville TN with a reading of 34 degrees.
    1987 - It was another day of scorching heat for the southwestern U.S. Afternoon highs of 102 degrees in Downtown San Francisco, and 104 degrees at Monterrey, established all-time records. The high of 101 degrees at San Jose was a record for October. Sacramento tied their record for October for the third time in the month, with a reading of 102 degrees. The high for the nation was 111 degrees at San Luis Obispo and Palm Springs. Twenty cities in the southeastern U.S. reported record low temperatures for the date, including Knoxville TN with a reading of 34 degrees.
    1991- Two albums by Guns N'Roses debut in the top two positions on the Billboard LP chart. "Use Your Illusion II" debuts at #1, while "Use Your Illusion I" hits #2.
    1993- The Beatles' "1962-1966" (The Red Album) and "1967-1970" (The Blue Album) are released on CD
    1999-Paul McCartney releases his first album since the death of his wife Linda in April 1998. Entitled Run Devil Run, the CD is a collection of rare rock oldies with new McCartney songs
    2001---Barry Bonds of the San Francisco Giants broke Mark McGwire's 1998 home run record when he hit the 71st homer of the season in a game against the Los Angeles Dodgers at Pazcific Bell Park. Later in the game, he hit another homer. The Dodgers beat the Giants, 11-10, eliminating them from the playoffs. On October 7, Bonds his one more homer to finish the season with 72. He also broke Babe Ruth's slugging record of .847 with .863.

World Series Champions This Date

    1942 St. Louis Cardinals
    1953 New York Yankees.