Fourth & Reportedly Last Call for Comments on SB 1235
California Commercial Financing Disclosures
Today, October 28, 2020

This is the fourth request with comment period to end October 28, 2020 (1). Comments may be e-mailed to regulations@dbo.ca.gov.

The first period ended January 22, 2019; the second ended September 9, 2019; the third period ended on January 31, 2020.

While this is going on, New York State Legislature passed a similar law, at last check, awaiting the Governor's signature. New Jersey has been debating a similar measure for approximately two years as other states also are looking at full disclosure of capital leases, business loans, factoring and merchant cash advance. (1) COVID 19 certainly has put a delay in the various procedures.

The law was originally to go into effect January 1, 2019 and take a year or more for publication.

However, the actual definition of disclosure of the cost of the transaction needed to have guidelines, which DBO was seeking from the industry.

The goal was to disclose:
(1) The total amount of funds provided.
(2) The total dollar cost of the financing.
(3) The term or estimated term.
(4) The method, frequency, and amount of payments.
(5) A description of prepayment policies.
(6) The total cost of the financing expressed as an annualized rate.

There were exceptions (3)

1.  New York Follows California’s Lead
     By Passing Small Business Truth-in-Lending Act
     Written by Attorneys Robert Hornby, Frank Peretore,
      Adrianne Price, Chiesa Shahinian & Giantomasi, PC
   http://leasingnews.org/archives/Jul2020/07_29.htm#ny
2. DBO Press Release
    https://dbo.ca.gov/regulations-legislation-opinions-releases/
3. Other Exceptions
   http://leasingnews.org/PDF/other_exceptions2018.pdf

* Senator Steve Glazer response to DBO (5 pages)
http://leasingnews.org/PDF/glazer_letter2019.pdf

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Computing Interest Rates Programs
For Possible SB 1235 Use in California and Elsewhere

Source:
https://www.nav.com/business-loan-calculators/merchant-cash-advance-apr-calculator/

In the old days, late 1960’s and early 1970’s, companies would issue their buy rate for the term and amount for sales representatives’ calculations. They then add the factor to 1.00 and multiply it times the company buy rate. For instance, .0331 and the salesman wanted five points, multiply 1.05 times .0331 and it would be .034755. Then multiply this to the amount being financed to get the monthly payment.

Brokers were taught to tell prospects the rate in add on, not APR. Five year factor of .025 was 18% APR; 10% add on.  First and last would increase the interest rate, as well as a balloon or residual at the end.

Today, the most popular calculator software is TValue, available online or software for your computer of smartphone:
https://www.timevalue.com/tvalue-products

You can also purchase the calculator to put on your website by going to: https://www.timevalue.com/tcalc-financial-calculators

There are other financial portals and calculation tools:
Bankrate.com
Kiplinger.com
The Motley Fool

Merchant Cash Advance APR Calculator
  Kabbage, OnDeck, plus Term Loan APR Calculator
    (upper left on site below, plus add below site to your website)
https://www.nav.com/business-loan-calculators/merchant-cash-advance-apr-calculator/

 

 

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Current Regulations in United States
Not Official, Compiled from Many Sources, Needs Updating

Please see your financial attorney for a legal opinion. 
Any up-dates or additions, please send to kitmenkin@leasingnews.org

Alaska: Money Service License. License required to have exemption from usury rates for loans of $10,000 to $25,000, and 24% rate for $850 to $10,000
http://commerce.state.ak.us/dnn/Portals/3/pub/MoneyservicesStatutes.pdf

Arizona: All "advance fee loan brokers" must register annually with the state. Includes "commitment fees." Stiff penalty and on line form for a complaint for the state to investigate. Arizona Revised Statutes, sec. 06-1303-1310 (1996)
Registration process: http://www.azdfi.gov/Licensing/Licensing-FinServ/ALB/ALB.html

Arkansas: All brokers of "a loan of money, a credit card or a line of credit" may not assess or collect an advance fee. In addition, all brokers must register with the Securities Commissioner, post a surety bond of $25.000 and have a net worth of $25,000.
Arkansas Code Annotate sec. 23-39-401 (1995)

California: On September 22, 2016, California Governor Jerry Brown signed SB 777 into law, a bill that restores a de minimus exemption to the California Finance Lenders Law (CFLL) to allow a person or entity that makes one commercial loan per year to be exempt from the CFLL's licensing requirement, regardless of whether the loan is "incidental" to the business of the person relying on the exemption.

"In addition to the lending authority provided by the law, the California Finance Lenders Law provides limited brokering authority. A "broker" is defined in the law as "any person engaged in the business of negotiating or performing any act as broker in connection with loans*made by a finance lender." Brokers licensed under this law may only broker loans to lenders that hold a California Finance Lenders license." 
http://leasingnews.org/archives/May2016/05_02.htm#dob

(*any transaction that is not a true rent or meets the accounting and tax rules or is re-sold as a loan or discount or has a nominal purchase option is considered under this nomenclature. ) (2)

Delaware : License required for More Than 5 Loans Per Year.
http://banking.delaware.gov/services/applicense/llintro.shtml

Florida: Brokers of a "loan of money, a credit card, line of credit or related guarantee, enhancement or collateral of any nature" may not assess or collect an advance fee. 
Florida Statues, Chapter 687.14 (1992)

Georgia: A broker of "loans of money, a credit card, a line of credit or related guarantee, enhancement or collateral of any kind or nature" may not assess or collect an advance fee unless such fee is for "actual services necessary to apply for the loan." Official Code of Georgia Annotated, sec. 7- 7-1 (1992)

Idaho: No fee may be collected unless a loan is actually made. 
Idaho Code, sec. 26-2501 (1992)

Illinois: Code, 815 ILCS 175/15-5.03 Under the Act, a" loan broker" means any person who, in return for a fee from any person, promises to procure a loan for any person or assist any person in procuring a loan from any third party, or who promises to consider whether or not to make a loan to any person. 815ILCS 175/15-5- 15(a) specifically excluded from the application of the Act, however, are (1) any bank …regulated by any service loans for the Federal National Mortgage Association… (3) any insurance producer or company authorized to do business in [Illinois], (4) any person arranging financing for the sale of the person's product, (note that this exception does not apply to any person selling someone else's product and only applies to "the" person's product, implying the exception is for the owner of the product arranging for financing), (5) any person authorized to conduct business under the Residential Mortgage License Act of 1987 and (6) any person authorized to do business in [Illinois] and regulated by the Department of Financial Institutions or the Office of Banks and Real Estate. "In the event that the Act is violated by the broker, the Secretary of State is empowered by the statute to make investigations and examinations, suspend or revoke the broker's approval, subpoena witnesses, compel the production of books and records, order depositions and obtain temporary restraining orders and injunctions against the broker. In the vent that a violate is found, the Secretary of State may impose a fine in the amount of $10,000 for each violation and the broker shall be liable to any person damaged in the amount of tactual damages plus attorneys’ fees." This appears as standard language on most states.

Iowa: A broker of loans of "money or property" may not assess or collect an advance fee except for a "bona fide third-party fee" and a broker must obtain a bond or establish a trust account and file required documents with the Commissioner or Insurance.
Iowa Code, sec. 535C (19920)

Kansas: Broker is not exempt. Discounter or Lessor is exempt: " 'Creditor' means any person to whom a loan is initially payable on the face of the note or contract evidencing the loan" is exempt. Anyone who earns a fee or accept a deposit, except a bank, financial institution, discounter or lessor, must be registered.
http://www.securities.state.ks.us/rules/loan.rtf

Kentucky: Brokers of "a loan of money, a credit card, a line of credit or related guarantee, enhancement or collateral of any kind or nature" may not assess or collect an advance fee. 
Kentucky Revised Statutes Annotated, sec. 367.380 (1992)

Louisiana: A broker of loans of "money or property…whether such agreement is styled as a loan, a lease or otherwise" must obtain a surety bond or establish a trust account in the amount of $25,000. A broker may not collect an advance fee but may collect an "advance expense deposit for commercial loans" only for actual expenses incurred in obtaining the loan. Louisiana Revised Statutes Annotated, sec. 9:3574 (1993); Louisiana Revised Statutes Annotated, Sec. 51:1910 (1992)

Non-Louisiana leasing companies, with or without offices in the state, must qualify to do business in Louisiana, and are subject to payment of state and local occupational license fees. See: Collector of Revenues v Wells Fargo Leasing Corp., 393 So.2d 1255 (La. App. 1981). Common misunderstanding of Louisiana law. Motor vehicle lessors, with or without offices in Louisiana, additionally are required to be licensed by the Louisiana Motor Vehicle Commission in order to lease a motor vehicle in the state. (La. R.S. 32:1254(N)) Common misunderstanding of Louisiana law.

Maine: No license required: "the regulation of commercial loan brokers does not fall under the jurisdiction of the Maine Bureau of Consumer Credit Protection. Transactions involving two businesses are legal/contractual in nature. Therefore, disputes involving a commercial loan between a business and commercial loan provider or broker must be settled in the court system."
http://www.maine.gov/pfr/consumercredit/faqs/loan_broker_faq.htm#j

Maryland: Lending threshold is $6,000 or less, so now need for license if over
this dollar amount

Massachusetts: Lending threshold is $6,000 or less, so now need for license if over this dollar amount.

Minnesota: License required for loans of $100,000 or less
Money Transfer License
http://mortgage.nationwidelicensingsystem.org/slr/PublishedState
Documents/MN-Money-Transmitter-Company-Description.pdf

Mississippi: A broker or loans of money may not assess or collect an advance fee and can be fined up to $5,000 for each violation. Mississippi Code Annotated, sec. 81-19-17 (1997)

Missouri: A broker of loans of "money or property" may not assess or collect an advance fee. Missouri Revised Statues, sec. 367 300 (19920

Nebraska: A broker of loans of money may not assess or collect an advance fee. Nebraska Revised Statutes, sec. 45-189 (1993)

Nevada: Foreign Corporations Foreign corporations engaged in activities in Nevada are subject to the provisions of Chapter 80 of the Nevada Revised Statutes. Specifically, NRS 80.010 through 80.055 set forth the requirements for a foreign corporation to qualify to do business in Nevada. Of primary importance are the statutes that establish (a) the filing requirements to qualify to do business (NRS 80.010); (b) the activities in which a foreign corporation may engage that do not constitute “doing business” so as to require qualification (NRS 80.015); and (c) the penalties to which a foreign corporation will be subject for failing to comply with the qualification provisions (NRS 80.055). The penalties for failure to comply with the qualification statutes include a fine (capped at $10,000) and/or denial of the right to maintain a court action. However, failure to comply will not impair the validity of contracts entered into by a foreign corporation nor prevent such corporation from defending itself in court. Foreign LLCs Foreign LLCs engaged in activities in Nevada are subject to the provisions of Chapter 86 of the Nevada Revised Statutes, specifically NRS 86.543 through 86.549. Foreign LLCs seeking to operate in Nevada must comply with the initial filing and registration requirements in NRS 86.544, and annual filing requirements of NRS 86.5461. The LLC must also maintain certain records, such as a list of current members and managers, in accordance with NRS 86.54615.

Additionally, NRS 86.5483 lists the activities which do not constitute “doing business” in Nevada for purposes of the Chapter. Foreign LLCs that fail to comply with the Chapter risk penalties similar to those facing a non-compliant foreign corporation. Those penalties are outlined in NRS 86.548.
Nevada has no usury statue.

New Hampshire
Any person making small loans, title loans, or payday loans in New Hampshire must obtain a license from the bank commissioner. N.H. Rev. State. Ann. § 399-A:2. This law does not apply to banks, trust companies, insurance companies, savings or building and loan associations, or credit unions. Id. Any person who violates any provision of this chapter shall be guilty of a misdemeanor if a natural person, or a felony if any other person. N.H. Rev. Stat. Ann § 399-A:18.Consumer loans must give full interest and cost disclosure (doesn't seem to cover commercial loans).
https://www.doj.nh.gov/consumer/sourcebook/loans.htm

New Jersey: Brokers of "loans of money" may not assess or collect an advance fee. 
New Jersey Rev. Statutes, sec. 17:10B (1992)

Although New Jersey does not require a lessor to obtain a license to conduct a leasing business in the state, the New Jersey Corporation Business Activities Report Act requires foreign corporations to register with the state. See N.J. STAT. ANN. 14A:13-14. In particular, foreign corporations must file a Notice of Business Activities Report with New Jersey's Department of Taxation. Activities that trigger the requirement of a report include: (a) maintaining an office or other place of business in New Jersey; (b) maintaining personnel in New Jersey, even if the personnel is not regularly stationed in the state; (c) owing or maintaining real or tangible personal property directly used by the corporation in New Jersey; (d) owning or maintaining tangible and/or property in New Jersey used by others; (e) receiving payments from residents in New Jersey, or businesses located in New Jersey, that are greater than $25,000.00; (f) deriving any income from any source or sources within New Jersey; or (g) conducting or engaging in any other activity, property or interrelationships with New Jersey as may be designated by the Director of the Division of Taxation. See N.J.S.A. 14A:13-15. Corporations not required to file a report are those which either received a certificate of authority to do business, or filed a timely tax return under the Corporation Business Tax Act, or Corporation Income Tax Act. See N.J. STAT. ANN. 14A:13-16. Reports must be filed annually by April 15th.

New Mexico: New Mexico currently requires Brokers/Lessors to register for Licensing under the NM Mortgage loan Company or Loan Broker Act with the Financial Institutions Division of the State of New Mexico. Banks with Brick and Mortar within the State of New Mexico are exempt. Prior to licensing applicants must submit the Following: 
Articles of Incorporation 
Listing of all principals (including management) 
A full financial Package (to meet their minimum requirements of liquidity) 
Personal financial statements on all principals 
Disclosure of all current or past suits (civil or criminal) 
Attach a corporate surety bond 
Include a $400.00 registration fee renewable yearly

New York: No person or other entity shall engage in the business of making loans in the principal amount of twenty-five thousand dollars or less for any loan to an individual for personal, family, household, or investment purposes and in a principal amount of fifty thousand dollars or less for business and commercial loans, and charge, contract for, or receive a greater rate of interest than the lender would be permitted by law to charge if he were not a licensee hereunder except as authorized by this article and without first obtaining a license from the superintendent.

North Carolina: A broker of "loans of money or property…whether such agreement is styled as a loan, a lease or otherwise" must obtain a surety bond or establish a trust account in the amount of $25,000 and obtain a license. North Carolina General Statutes, sec. 66-106 (1992)
https://www.sosnc.gov/Corporations/pdf/FAQ
TreeLoanBrokerAct20130805.pdf
http://www.ncleg.net/EnactedLegislation/Statutes
/PDF/ByArticle/Chapter_66/Article_20.pdf

North Dakota: License Required  “Money Broker’s License”. N.D. Cent. Code Ann. § § 13-04.1-02.1 and 13-04.1-01.1 http://www.nd.gov/dfi/regulate/index.html
Brokers may not accept an advance fee unless the broker is licensed. North Dakota Century Code, 13-04. 1-09.1 (1993) Ohio: Department of Commerce, Division of Financial Institutions
(Certificate to engage in the business of a credit services organization in accordance with the provisions of Sections 4712.01 to 4712.14 of the revised code of Ohio, subject to all the provisions thereof and to the regulations of the division.) Ohio Department of Taxation requires a "Vendor's License" under provision 5739.17 of the Revised Code (...is hereby authorized to sell tangible personal property and selected services at the retail location specified below.) This also makes the lessor responsible for all taxes with penalties for not doing so.

Ohio: Ohio law provides that no person may engage in the business of lending money, credit, or choses in action in amounts of $5,000 or less, or exact, contract for, or receive, directly or indirectly, on or in connection with any such loan, any interest and charges that in the aggregate are greater than the interest and charges that the lender would be permitted to charge for a loan of money if the lender were not a licensee, without first having obtained a license from the Division of Financial Institutions. O.R.C. 1321.02. This rule is applied to any person, who by any device, subterfuge, or pretense, charges, contracts for, or receives greater interest, consideration, or charges than that authorized by such provision for any such loan or use of money or for any such loan, use, or sale of credit, or who for a fee or any manner of compensation arranges or offers to find or arrange for another person to make any such loan, use, or sale of credit. O.R.C. 1321.02.

Rhode Island: Any person who acts as a lender, loan broker, mortgage loan originator, or provides debt-management services must be licensed. R.I. Gen Laws § 19-14-2(a). The licensing requirement applies to each employee of a lender or loan broker. R.I. Gen Laws § 19-14-2(b). No lender or loan broker may permit an employee to act as a mortgage loan originator if that employee is not licensed. R.I. Gen Laws § 19-14-2(b) R.I. Gen. Laws § 19-14-2 (2012) No person engaged in the business of making or brokering loans shall accept applications from any lender, loan broker, or mortgage loan originator who is required to be licensed but is not licensed. R.I. Gen Laws § 19-14-2(d). There is an exemption from the licensing requirement for a person who makes not more than 6 loans in the state within a 12-month period. R.I. Gen Laws § 19-14.1-10. Persons lending money without a license are guilty of a misdemeanor and can be fined not more than $1,000, or imprisoned for not more than 1 year, or both; each violation constitutes a separate offense. R.I. Gen Laws § 19-14-26.

South Carolina: A broker of "a loan of money, a credit card, a line of credit or related guarantee, enhancement or collateral of any kind or nature" may not assess or collect an advance fee. South Carolina Code Annotated, sec. 34-36-10 91992)

South Dakota: Money Lending License
Required for individuals or corporations to engage in the business of lending money, including creating and holding or purchasing and acquiring any installment loan ("Capital Lease" or EFA), single pay loan, or open-end loan which may be unsecured or secured by personal property. Requires filing a surety bond application. State and national banks, bank holding companies, other federally insured financial institutions, and the subsidiaries of those institutions are exempt from licensure. In addition, SD chartered trust companies are exempt from licensure. Any individual or corporation holding this license is required to pay the bank franchise tax. 
Duration: 1 year
Cost: Application: $600
South Dakota has no usury status

Vermont: In the past, Commercial loan license would apply to EFA and "Capital Leases." Exemptions include transactions over $1 million, and brokers who do not engage in transactions more than $50,000 in one year at rates not exceeding 12 percent per annum. As of May 1, 2017. "Loan solicitation licensees must maintain a surety bond, include a specific disclosure in all advertisements of loans and solicitation of leads, observe record retention requirements, and file an annual report and financial statements with the Commissioner of Financial Regulation."

Full information available here:
http://www.counselorlibrary.com/public/alert.cfm?itemID=2420

Ontario, Canada: General Requirements: 1. Branch Operation If a foreign corporation wants to carry on business via a branch operation, without a Canadian corporate entity, it may have to obtain a provincial license in each province in which it intends to carry on business. Pursuant to the Ontario Extra-Provincial Corporations Act R.S.O. 1990 c. E.27 ("EPCA"), a class 3 extra-provincial corporation (a corporation that has been incorporated or continued under the laws of a jurisdiction outside Canada) is prohibited from carrying on business in Ontario without a license under the Act [s. 4(2)]. Failure to comply with this licensing requirement can lead to a maximum fine of $2,000 for a person and $25,000 for a corporation [s. 20(1)]. Directors, officers and any person acting as a representative of the corporation can be fined up to $2,000 for authorizing, permitting or acquiescing to an offence by the corporation [s. 20(2)]. For the purposes of the EPCA, an extra-provincial business is considered to be "carrying on business in Ontario" if: a. It has a resident agent, representative, warehouse, office or place where it carries on its business in Ontario; b. It holds an interest, otherwise than by way of security in real property situate in Ontario; or c. It otherwise carries on business in Ontario [s. 1(2)]. This last category is a catchall. Recent case law in the area stresses that it is very much a fact-specific analysis hinging on the extent to which business is actually conducted in Ontario. 2. Incorporation: a foreign corporation can also choose to incorporate a subsidiary, either federally or provincially. If a subsidiary is incorporated provincially in Ontario, it may have to obtain an extra-provincial license to carry on business in other provinces. An Ontario-incorporated company does not have to obtain a license to carry on business in Quebec but does have to make annual information filings. 3. Bank Act If the financing company is a bank and intends to carry on business in Canada, it must obtain appropriate approval under the Bank Act 1991 c. 46. Whether an entity will be considered a bank under the Bank Act needs to be reviewed on a case-by-case basis, as there are a number of relevant factors.

 

Getting Back in the Game

Sales Makes it Happen
by Scott Wheeler, CLFP

My weekly sales tips are about success, winning, and outperforming the competition. However, part of success is an originator's ability to face disappointments, setbacks, and lost transactions. It happens to every originator. Top producers can quickly pull themselves up by the bootstraps, learn from their experience, and pivot to the next opportunity. Success in the commercial equipment leasing and finance business is a numbers game, made up of more wins than losses. Top producers turn their losses into additional opportunities. Top originators focus on the "big picture" and never get hung up on a single lost transaction, because there are always new opportunities to capitalize on right around the corner, with the very next call or meeting.

I recently coached an originator who had spent nearly seven weeks working a larger transaction. The transaction had consumed most of her time. It was the transaction that was going to make her quarter and secure her a strong relationship with a vendor. The transaction fell apart in the 11th hour, through no fault of the originator. She was devastated. The loss put her severely behind for the quarter and her relationship with the vendor stalled. In addition, her backlog of other transactions had significant decreased. What were the lessons learned in her words?

• Even when you have a large opportunity working, an originator cannot ever stop prospecting for more business. Home runs are great, but singles and doubles are a necessity.
• When you are establishing a vendor relationship it must be about more than one transaction. An originator needs to be selling her overall value and her desire to go beyond just the deal at hand. Do not wait until the first transaction is funded.
• Every transaction has outside factors which the originator does not control; however, these factors should be known and monitored throughout the process.
• The next step is to quickly get busy. To move forward, to gain knowledge from the loss, and to move on to the next opportunity. Be positive about the potential in the market and go out and close your fair share.

This originator quickly pivoted and started pursuing new opportunities. She doubled down with the vendor, moved that relationship forward and now has several transactions in process. The originator lost no time in getting back in the game. She turned a loss into multiple wins.      

Scott A. Wheeler, CLFP
Wheeler Business Consulting
1314 Marquis Ct.
Fallston, Maryland 21047
Phone: 410 877 0428
Fax: 410 877 8161
Email: scott@wheelerbusinessconsulting.com
Web: www.wheelerbusinessconsulting.com 

Sales Makes it Happen articles:
http://www.leasingnews.org/Legacy/index.htm

 

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71% of PPP Borrowers are Waiting
for More Guidance on PPP Forgiveness

By Caity Roach, Contributing Editor, Coleman Reports

Although the SBA began accepting PPP forgiveness applications on August 10, 2020, 74% of PPP borrowers have not yet applied for forgiveness. According to a recent study conducted by Fundera, the reason borrowers are not applying may be a lack of clarification, understanding, and confidence in the forgiveness process.

Here are the key findings from Fundera’s study:

• 71% of PPP borrowers who have not yet applied for forgiveness are waiting for their lender or the SBA to make the process more clear.

• 64% have not received any proactive communication or aid from their lender on the forgiveness process.

• Only 8% of borrowers who reached out to their lender with questions about the forgiveness process say that they received a helpful response.

• 23% of borrowers say that their lender is not accepting PPP forgiveness applications at this time.

• A substantial portion of PPP borrowers (14%) noted that filling out the forgiveness application itself feels daunting.

• Less than one-quarter of PPP recipients have applied for forgiveness.

• 90% of those who did apply for forgiveness have not received a forgiveness decision from their lender.

While borrowers await more guidance on PPP forgiveness, many of them are already considering the next steps that they will need to take in order to keep their businesses open. Fundera reports that four out of five PPP borrowers say that they would take advantage of a second draw PPP loan if they could. However, Congressional negotiations surrounding bills that would allow struggling businesses to receive a second PPP loan have halted, and many expect that a small business recovery package may not come until after the presidential election.

Reprinted from Coleman Reports:
bob@colemanreport.com
Coleman Report, 28081 Marguerite Pkwy.
 #4525, Mission Viejo, CA 92690

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Leasing Industry Help Wanted

 

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CLFP Foundation Adds 22 New CLFPs
Count is now 955 Professionals

The Certified Lease & Finance Professional (CLFP) Foundation announced that 22 individuals, who recently sat through the 8-hour online CLFP exam on line, have passed.  The CLFP designation identifies an individual as a knowledgeable professional to employers, clients, customers, and peers in the equipment finance industry. There are currently 955 active Certified Lease & Finance Professionals and Associates in the United States, Canada, India and Australia.

 

Vanessa Andel, CLFP
Vice President of Operations
Commercial Fleet Financing

Matt Barrett, CLFP Associate
Assistant Vice President. Program Manager
First American Equipment Finance

Lauren Blowers, CLFP
Assistant Vice President, Marketing
First American Equipment Finance

Jennifer Dirkes, CLFP
Channel Development Director
Oakmont Capital Services, LLC

Adam Domke, CLFP
Business Development Officer
Oakmont Capital Services, LLC

Christine Durfee, CLFP
AVP, Credit Officer
First American Equipment Finance

Betsy Egeberg, CLFP Associate
Portfolio Administration Support
AP Equipment Financing

Jayme Gerads, CLFP
Business Development Officer
Oakmont Capital Services, LLC

Joseph Guage, CLFP
Chief Financial Officer
First American Equipment Finance

Christopher (Ryan) Hinton
Vice President
Regions Equipment Finance

Chris Johnson, CLFP
Independent

Timothy Kinney, CLFP
Credit Analyst, Team Lead
AP Equipment Financing

Connor McKeeve, CLFP
Credit Analyst
Wintrust Specialty Finance

Cori Miller, CLFP Associate
Industry Marketing Specialist
AP Equipment Financing

David Mullin, CLFP
Assistant Vice President, Data Strategy
First American Equipment Finance

Shelley Peterson, CLFP Associate
Credit Analyst
AP Equipment Financing

Chad Primus, CLFP
Business Development Officer
Oakmont Capital Services, LLC

Adam Sobke, CLFP Associate
Staff Accountant
AP Equipment Financing

Julie Stephens, CLFP
Senior Funding Specialist
Commercial Fleet Financing, Inc.

Kelly Taran, CLFP
Chief Information Officer
First American Equipment Finance

Sarah Uballez, CLFP
VP, Treasury and Accounting
AP Equipment Financing

Morka Wolde, CLFP
Technical Implementation Consultant
IDS

Ms. Jennifer Dirkes, CLFP, Channel Development Director, Oakmont Capital Services, LLC, attended the online Academy for Lease and Finance Professionals hosted by Tamarack Consulting in October. She commented.

 “I have been in this industry for a long time and being a CLFP was always something I had in the back of my mind but continued to tell myself it wasn’t for me.  I always knew being a CLFP was being amongst the best of the best in this industry.

“To be honest, truth be told I was always scared to take the leap and fail.  With COVID-19 hitting, it’s been a long year for so many including myself.  I needed to say I accomplished something, and I needed it to be big and to prove to myself I belong in this industry.  So, I did just that, I went big and decided to take my CLFP Exam.

“I am truly honored to have learned from the best of the best and to be in a group of amazing people that truly love and cherish the Leasing and Finance profession as much as I do.”

 For more information, please visit http://www.CLFPFoundation.org

Academy for Certified Lease & Finance Professionals
     Four Sessions, All Virtual Online
http://leasingnews.org/archives/Oct2020/10_26.htm#clfp

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Online Equipment Auction List
Thriving in the "New Normal"

assetiqllc.com	Recovery & Remarketing Solutions Asset IQ is designed to provide valuation, risk assessment, research, inspection, recovery, remarketing and advisory services for the leasing and finance industries. Our core business is to recover and remarket assets for our clients through a variety of solutions providing the highest return possible. Asset IQ has a broad range of experience in a variety of asset types in numerous industries. Contact us at media@assetiqllc.com today to learn more. We utilize traditional sales auctions, and hybrid techniques to maximize returns.  View our online auctions and bid at your convenience.
auctioneerexpress.com	Tractor, Mower, Dump Truck, Mower, Cutter, 13 Tire Roller
www.auctiontime.com	“Free listing of items, which also connects to other site. Powered by MachineryTrader.com, TractorHouse.com, and TruckPaper.com, AuctionTime.com brings together buyers and sellers to move equipment at auction values. Bidders pay no buyers fees whatsoever.,,“Unlike conventional auctions, bidders can discuss specifics about the auction pieces with the actual seller, or go see the actual machine themselves. Auctions come to an end each Wednesday with live bidding open every Monday at 5 pm CST and proxy bidding open 7 days prior to auction end time.”
HeavyEQ.govdeals.com	Heavy Equipment, Truck and Machinery Industry Online Gov't Surplus Auctions - Over 1,000 Government Clients
inplaceauction.com	Caters to lessors, lenders, and bankruptcy trustees, conducting both virtual and live auctions of all types of assets including:  Agricultural, Medical, Industrial, Transportation, Trucks, Construction, Real Estate, etc.  Appraisals - on site and desktop.
ironplanet.com	Cranes, Trailers, Equipment Trucks
motleys.com	Construction Equipment & Trucks
municibid.com	Municibid is an online government auctions website designed specifically for the sale of surplus and forfeited/seized goods directly by the government publicsurplus.com
salvex.com	Salvaged equipment for both re-seller and end user.
tractorhouse.com	Mostly farm equipment
usgovbid.com	Government Online Auctions - Servicing Government Agencies for over a Decade

List of many auction sites for consumer and vehicle:
http://www.100auctionsites.com/

Online auction Top Ten Most Popular Sites
(Primarily for consumers or consumer merchandise)
http://online-auction-sites.toptenreviews.com/

Auction Zip
--primarily consumer
(find auctions anywhere)
http://www.auctionzip.com/

 

##### Press Release ############################

Ascentium Capital LLC Reports Third Quarter Growth
and Reaches a New Funding Milestone

Ascentium Capital LLC announced quarter-over-quarter growth
of 21.2 percent. The Company has provided over $7.1 billion
in financing since 2011, reaching a new funding milestone.

Tom Depping, Executive Vice President, Ascentium Group Manager. commented, “Ascentium Capital’s quarterly results reflect our goal to stay committed to our clients and provide a consultative approach to business financing. This differentiates us in the market especially during the COVID-19 pandemic. Our business clients appreciate our value-driven methods and this enables us to capture repeat business as well as drive organic growth.”
 
Since 2011, Ascentium Capital has provided financing to over 125,000 organizations across the United States and currently manages over $2.5 billion in assets. The Company specializes in financing for a broad array of industries including commercial vehicles, energy, franchise, healthcare, and technology.

David Lyder, CPA, CMA, Senior Vice President, Ascentium Sales and Marketing. remarked, “Our market diversification, credit model and disciplined sales and marketing approach have been extremely beneficial in helping us positively impact results and reach a new funding milestone. I’m very proud that all departments within Ascentium are staying focused on delivering value and customized solutions to our client relationships."

About Ascentium Capital LLC
Ascentium Capital LLC, a subsidiary of Regions Bank, specializes in providing a broad range of business equipment financing, leasing, and loans across the United States. The Company’s offering is designed to benefit equipment manufacturers and distributors as well as direct to businesses nationwide. For additional information about Ascentium and its business financing products and services, please visit www.AscentiumCapital.com.

About Regions Financial Corporation
Regions Financial Corporation (NYSE:RF), with $145 billion in assets, is a member of the S&P 500 Index and is one of the nation’s largest full-service providers of consumer and commercial banking, wealth management, and mortgage products and services.  Regions serves customers across the South, Midwest and Texas, and through its subsidiary, Regions Bank, operates approximately 1,400 banking offices and 2,000 ATMs. Regions Bank is an Equal Housing Lender and Member FDIC. Additional information about Regions and its full line of products and services can be found at www.regions.com

### Press Release ############################

Mixed Breed
Fairport, New York  Adopt a Dog

Reese

ID 45869994
Male
Age: 10 months, 7 days
Side: Medium
Brown/White
Neutered
Declawed: No
Site: Lollypop Farm
Location: Dog Adoption Center Suite 2

Humane Society of Greater Rochester
99 Victor Road
Fairport, NY 14450
info@lollypop.org
585-223-1330

Adoption Center  Tues. – Fri. 12:00 p.m. – 6:30 p.m.
Sat., Sun., & Mon. 10:00 a.m. – 4:30 p.m

All guests and staff are required to wear face masks. Guests without proper face masks may be offered curbside services or rescheduled when proper personal protection equipment can be obtained. Hand sanitizer stations and restrooms for handwashing are available. Thank you for your cooperation in keeping everyone safe and healthy!

News Briefs---

Element Reports Solid 3rd Q Results, Surpasses $180 Million      
   Transformation End-Goal, Increases Common Dividend by 44%
https://www.elementfleet.com/binaries/content/assets/elementfleet/newsroom/efn_3q20-results_news-release.pdf

More than 100,000 flee Southern California wildfires
      under evacuation orders
https://www.cnn.com/2020/10/27/us/california-fires-tuesday/index.html

Texas overtakes California
    in total cases amid nationwide surge
https://www.eastbaytimes.com/2020/10/27/coronavirus-texas-overtakes-california-in-total-cases-amid-nationwide-surge/

AMD to buy Xilinx for $35 billion
     in massive chip deal
https://nypost.com/2020/10/27/amd-to-buy-xilinx-for-35-billion-in-massive-chip-deal/

167-unit Rubio’s Coastal Grill Files for Bankruptcy
     Mexican fast casual based in San Diego. closed 26 May/June
https://www.qsrmagazine.com/fast-casual/rubios-coastal-grill-files-bankruptcy?utm_medium=email&utm_source=breaking_news&utm_campaign=20201026

Small Businesses Embracing Subchapter V Bankruptcies
BK Experts Encouraging Small Business to take Option than Closinghttps://www.cfo.com/bankruptcy/2020/10/small-businesses-embracing-subchapter-v-bankruptcies/

 

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

You May Have Missed---

California/Colorado/West Coast
   Fire Reports
https://wildfiretoday.com/

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

NFL Power Rankings, Week 8: Buccaneers hit top three;
      Cowboys' fall continues
https://www.nfl.com/news/nfl-power-rankings-week-8-buccaneers-hit-top-three-cowboys

NFL Power Rankings: B/R's Expert Consensus Rank
       for Every Team Entering Week 8
https://bleacherreport.com/articles/2915026-nfl-power-rankings-brs-expert-consensus-rank-for-every-team-entering-week-8

Dallas Cowboys trade DE Everson Griffen to Detroit Lions
https://www.usatoday.com/story/sports/nfl/ravens/2020/10/27/everson-griffen-trade-dallas-cowboys-detroit-lions/3754649001/

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

California Nuts Briefs---

Bulldozers were ready to fight California fires.
     Why did Forest Service turn them away?
https://www.sacbee.com/news/california/fires/article246449175.html?ac_cid=DM309606&ac_bid=-1642006386

Bay Area Dungeness crab season might not open
      for Thanksgiving again. Here's why
https://www.sfchronicle.com/food/article/Bay-Area-Dungeness-crab-season-might-not-open-for-15678803.php

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

“Gimme that Wine”

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

Top 25 Brands in Nielsen Channels
https://www.winebusiness.com/news/?go=getArticle&dataId=237816

Oregon Micro Fund Launches Second Fund
     Serving Oregon-Based Wineries
https://www.winebusiness.com/news/?go=getArticle&dataId=237817

Who’s This Pedro Parra Guy Anyway?
     And Why Do Wine People Love Him? This Q&A Might Help
https://www.forbes.com/sites/cathyhuyghe/2020/10/26/whos-this-pedro-parra-guy-anyway-and-why-do-wine-people-love-him/#3d09b9187d6c

Many California farmworkers fear a winter of hunger
     and homelessness amid the pandemic
https://www.latimes.com/california/story/2020-10-26/central-valley-farmworkers-hunger-evictions-coronavirus-covid19

Ken Evenstad, Co-Founder of Oregon's Domaine Serene Winery,
     Dies at 77
https://www.winespectator.com/articles/ken-evenstad-cofounder-of-oregons-domaine-serene-winery-dies

Sinskey: We Wil Only Make 600 Cases of Wine This Year
https://www.thedrinksbusiness.com/2020/10/sinskey-we-will-only-make-600-cases-of-wine-this-year/

The Best U.S. Red Wines We Tasted in 2020 for $15 or Less
https://www.winemag.com/2020/10/16/best-budget-friendly-red-wine-this-year/

 

Free Wine App
https://www.nataliemaclean.com/mobileapp/

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

This Day in History

    1492 - Christopher Columbus discovers Cuba. He and his men take many slaves, their main bounty in the mission. Many of the slaves died on the trip back to Spain due to the cramped, unhealthy quarters.
    1610 - Thomas West, baron De La Mar, was appointed as the first Governor of Virginia colony
    1636 – A vote of the Great and General Court of the Massachusetts Bay Colony establishes the first college in what would become the United States, and Harvard College was founded.
    1646 - At Nonantum, Mass., colonial missionary John Eliot, ("Apostle to the New England Indians"), 42, conducted the first Protestant worship service for the Indians of North America. He also delivered the first sermon preached to the Indians in their native tongue.
    1768 - Germans and Acadians joined French Creoles in their armed revolt against Antonio de Ulloa, the Spanish governor of New Orleans. This combined militia will force his resignation the next day.
    1775 - A British proclamation forbids residents from leaving Boston.
    1776 - Battle of White Plains: Washington retreats to NJ. The American forces were dislodged from their position, but once again, British Gen. Howe failed to pursue his opponents and waited for reinforcements. By November 1, the British were ready to resume their offensive, but a heavy wind and rain storm slowed their progress. Washington took advantage of the British lethargy and retreated northward to another hilltop location, this time about five miles away near the town of North Castle. Washington and his dispirited army believed that a major, perhaps decisive, battle would occur within the next few days. To their utter amazement, dawn on November 4 brought the sight of the British turning their backs on the lightly entrenched Americans and beginning a march back to Manhattan. Washington made a crucial decision to divide his army and led about 2,500 men into New Jersey.  The British captured Chatterton Hill.
http://www.myrevolutionarywar.com/battles/761026.htm
    1790 - New York gives up claims to Vermont for $30,000
    1793 - Eli Whitney applies for a patent on the cotton gin. According to history, one of his black slaves had come up with the idea from using a comb to a cylinder, in which he had made a prototype of wood. Upon seeing it, Whitney made some experiments, put it to paper, and sent a letter to register the idea. He then spent a year making a metal prototype. He called it a cotton gin (short for “engine”).  It turned quickly, easily separating cottonseed from the short-staple cotton fiber. Whitney's cotton gin was capable of maintaining a daily output of 23 kg (50 lbs.) of cleaned cotton, and its effect was far-reaching, making southern cotton a profitable crop for the first time. Whitney, however, failed to profit from his invention. Numerous imitations appeared, and his 1794 patent was not validated until 1807. In 1798, Whitney obtained a government contract to make 10,000 muskets. He demonstrated that machine tools--manned by workers who did not need the highly specialized skills of gunsmiths--could produce standardized parts to exact specifications and that any part could be used as a component of any musket. The firearms factory he built in New Haven, Conn., was thus one of the first to use mass production methods.
http://www.pbs.org/wgbh/aia/part3/3h1522.html
http://www.suite101.com/article.cfm/african_american_history/61415
    1793 – Birthday of Eliphalet Remington (d. 1861) in Suffield, CT.  He founded the Remington Arms Company. 
    1798 - Birthday of Levi Coffin (d. 1877), founder of The Underground Railroad, born New Garden, North Carolina.
http://www.indianahistory.org/heritage/levic.html
http://www.visitrichmond.org/history/levicoffin/
http://www.waynet.org/nonprofit/coffin.htm
http://www.spartacus.schoolnet.co.uk/USAScoffin.htm
http://www.walmart.com/catalog/product.gsp;
jservsessionid=6183044723fd99786b3ce31
3e3fe6bd11f1f51f80_10-15-20-208.86.1035589086776.:0f?product_id=1047862&sourceid
=0100000030390613102498
    1818 – Abigail Adams, second First Lady of the US, died of typhoid fever in Quincy, MA.  She and John Adams were married in 1764 and she was the First Lady to live in The White House after the nation’s capital was moved to Washington, DC in 1800. 
    1842 - Birthday of Anna Elizabeth Dickinson (d. 1932) at Philadelphia, PA.  Influential American orator and author of the Civil War era; as an advocate of abstinence, abolition and woman suffrage, she earned the nickname, “American Joan of Arc.”
    1846 - The pioneering Donner Party, a group of 90 people consisting of immigrants, families and businessmen led by George and Jacob Donner and James F. Reed, head toward California from Springfield, IL, in hopes of beginning a new life. They experienced the normal travails of caravan travel until their trip took several sensational twists, Indian attacks and winter weather which forced them to interrupt their journey.  Famine and outright cannibalism took their toll on members of the party whose numbers dwindled to 48 by journey's end.
    1858 - Rowland Hussey Macy opened his first New York store at Sixth Avenue and 14th Street in Manhattan.  First day’s receipts:  $11.06!
    1864 - Second Battle of Fair Oaks located on the defensive perimeter around the Confederate capital of Richmond. General Robert E. Lee's army constructed five lines of trenches that stretched 25 miles south to Petersburg. For five months, Lee's troops had been under siege by the forces of Union General Ulysses S. Grant. The monotony of the siege was broken only periodically by a Union attempt to break Lee's lines. One such attack came at Hatcher's Run, southwest of Petersburg, on October 27. At the same time, Grant ordered an attack at Fair Oaks, about 24 miles from the assault at Hatcher's Run. The Richmond defenses were formidable, so any direct assault was unlikely to succeed. By attacking at Fair Oaks, Grant hoped to prevent Lee from shifting any troops along the Richmond-Petersburg line to reinforce the lines at Hatcher's Run. Some 1100 Union men were killed, wounded, or captured during the attack, while the Confederates lost just 450. The planned diversion did not work--at the far end of the defenses, the Yankees failed to move around the end of the Confederate line at Hatcher's Run.
    1864 - Battle of Wauhatchie, TN, one of the few night engagements of the Civil War, won by the Union troops to open up a badly needed supply route, establishing what was then called “The Cracker Line.”
http://www2.cr.nps.gov/abpp/battles/tn021.htm
    1864 - In the midst of the Battle of Burgess' Mill in VA, cavalry commander CS Gen Wade Hampton came upon his sons, mortally wounded Frank Preston Hampton and Wade Hampton, Jr. who had been shot while coming to his brother's aid.
    1867 - Maimonides College in Pennsylvania is first Jewish college in the US.  The need of such an institution was strongly felt as there were numerous synagogues in the country, but few persons capable of filling the rabbinical office. The seminary was established under the joint auspices of the Hebrew Education Society and the Board of Delegates of American Israelites, and was named "Maimonides College" with Isaac Leeser as its provost.
    1875 - Birthday of Gilbert H. Grosvenor (d. 1996), at Istanbul, Turkey.  The editor credited with transforming National Geographic Magazine from a small scholarly journal into a dynamic world-renowned monthly.
(Lower half of: http://memory.loc.gov/ammem/today/oct28.html)
    1886 - Frederic Auguste Barthold's famous sculpture, the Statue of Liberty Enlightening the World, on Bedloe's Island in New York Harbor was dedicated by President Grover Cleveland.  A sonnet by Emma Lazarus, inside the pedestal of the statue, contains the words: "Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door." Here is a little known fact, when the Statue of Liberty was dedicated in New York Harbor, women were barred from the ceremony because it would be too crowded and rough for the ladies, the city declared, but a group of women chartered a boat and circled the island singing and shouting women's rights messages.  The event was also celebrated with New York City’s first ticker tape parade.
    1896 - Birthday of Howard Hanson (d. 1981), Wahoo, NE.  Composer/conductor/educator, in 1921 he became the first American to win the Prix de Rome. In 1924, he became head of the Eastman School of Music at the University of Rochester, NY, where he served for 40 years. Best known for the music he composed, Hanson was awarded the Pulitzer Prize as outstanding contemporary composer in 1944 for his composition Symphony No. 4, the George Forster Peabody Award in 1946, the Laurel Leaf of the American Composers Alliance in 1957 and the Huntington Foundation Award in 1959.
    1897 – Birthday of motion picture costume designer Edith Head (d.1981), Searchlight, NV.  She won a record eight Academy Awards for Best Costume Design, starting with “The Heiress” (1949) and ending with “The Sting” (1973).
    1904 - St Louis police try a new investigation method-fingerprints.
http://www.onin.com/fp/fphistory.html
    1907 - Birthday of alto sax player Rudy Power, New York City, NY
    1914 - Birthday of Jonas Salk (d. 1995) at New York, New York.  Developer of the Salk polio vaccine, he announced his development of a successful vaccine in 1953, the year after a polio epidemic claimed some 3,300 lives in the US. Polio deaths were reduced by 95 percent after the introduction of the vaccine. Salk spent the last 10 years of his life doing AIDS research.
    1919 - Congress passed the Volstead Act, prohibiting the "manufacture, sale, or transportation of intoxicating liquors" in the United States. The Roaring Twenties were about to begin. A little known fact:  the Volstead Act did cut down the alcoholic rate in the United States, with less fatalities and family problems. Many of the nightclubs legally sold alcohol beverages as anything in their inventory was “legal.” Crime in the Midwest was rampant before the 1920's. The advent of the machine gun and automatic weapons increased the crime rate, not the commerce of alcohol from Canada and Mexico.
http://memory.loc.gov/ammem/today/oct28.html
    1916 - Birthday of Trombone player/composer Bill Harris (d. 1973).
http://shopping.yahoo.com/shop?d=product&id=
1927005706&clink=dmmu.artist&a=b
    1926 – The former Commissioner of Major League Baseball, Bowie Kuhn (d. 2007), was born in Takoma Park, MD.  Kuhn was inducted into the Baseball Hall of Fame in 2008, after having been elected nine months after his death.  His tenure was marked by labor strikes, owner disenchantment, and the end of baseball's reserve clause, yet baseball enjoyed unprecedented attendance gains (from 23 million in 1968 to 45.5 million in 1983) and TV contracts during the same time frame.  Kuhn suspended numerous players for involvement with drugs and gambling, and took a strong stance against any activity that he perceived to be "not in the best interests of baseball."  In 1970, he suspended star Detroit Tigers’ star pitcher Denny McClain indefinitely (the suspension was later set at 3 months) due to McLain's involvement in a bookmaking operation, and later suspended McLain for the rest of the season for carrying a gun. He barred both Willie Mays (in 1979) and Mickey Mantle (in 1983), arguably two of the game’s greatest stars ever, from the sport due to their involvement in casino promotion; neither was directly involved in gambling.  Also in 1970, Kuhn described former player Jim Bouton’s seminal “Ball Four” as "detrimental to baseball" and demanded that Bouton retract it. The book has been republished several times and is now considered a classic.  On October 13, 1971, the World Series held a night game for the first time.
    1928 - Birthday of accordion player Iry LeJeune (d. 1955), Point Noir, LA
http://www.cajunculture.com/People/LeJeuneIry.htm
http://www.cajunfrenchmusic.org/biographies/lejeune-i.htm 
http://www.carencrohighschool.org/la_studies
/ParishSeries/FrenchMusic/IryLejeune.htm
http://www.amazon.com/exec/obidos/ASIN/B000001O54/avsearch-musicasin-20/
103-0570268-6906239
    1928 - The first men's field hockey game: The Westchester Field Hockey Club of Rye, NY, defeated the Germantown Cricket Club of Germantown, PA, 2-1, in the first organized men's field hockey game played in the US.
    1934 – The Brooklyn Dodgers and the Pittsburgh Steelers play a penalty-free NFL game.
    1936 - The temperature at Layton, NJ, dipped to 9 above zero to establish a state record for the month of October. 
    1936 – Charlie Daniels (d. 2020), Country musician, was born in Leland, NC.
    1937 – Birthday of NBA coach, Lenny Wilkens, in Brooklyn.  At the time of his retirement in 2010, Wilkens was the NBA’s winningest coach with 1,332 victories, a record since surpassed by Don Nelson.
    1938 - John Kirby records his trumpet man Charlie Shavers' “Undecided,” Decca.
    1939 - Birthday of singer Andy Bey, Newark, NJ
    1941 - Birthday of Curtis Lee (d. 2015) in Yuma, AZ.  Lee hit the charts in the early 1960s with “Pretty Little Angel Eyes” (#7) and “Under the Moon of Love” (#46).
    1942 – The Alaska Highway, also known as the Alcan Highway is completed across Canada to Fairbanks, Alaska.
    1944 - ADAMS, LUCIAN, Medal of Honor.
Rank and organization: Staff Sergeant, U.S. Army, 30th Infantry, 3d Infantry Division. Place and date: Near St. Die, France, 28 October 1944. Entered service at: Port Arthur, Tex. Birth: Port Arthur, Tex. G.O. No.: 20, 29 March 1945. Citation: For conspicuous gallantry and intrepidity at risk of life above and beyond the call of duty on 28 October 1944, near St. Die, France. When his company was stopped in its effort to drive through the Montagne Forest to reopen the supply line to the isolated third battalion, S/Sgt. Adams braved the concentrated fire of machineguns in a lone assault on a force of German troops. Although his company had progressed less than 10 yards and had lost 3 killed and 6 wounded, S/Sgt. Adams charged forward dodging from tree to tree firing a borrowed BAR from the hip. Despite intense machinegun fire which the enemy directed at him and rifle grenades which struck the trees over his head showering him with broken twigs and branches, S/Sgt. Adams made his way to within 10 yards of the closest machinegun and killed the gunner with a hand grenade. An enemy soldier threw hand grenades at him from a position only 10 yards distant; however, S/Sgt. Adams dispatched him with a single burst of BAR fire. Charging into the vortex of the enemy fire, he killed another machine gunner at 15 yards range with a hand grenade and forced the surrender of 2 supporting infantrymen. Although the remainder of the German group concentrated the full force of its automatic weapons fire in a desperate effort to knock him out, he proceeded through the woods to find and exterminate 5 more of the enemy. Finally, when the third German machinegun opened up on him at a range of 20 yards, S/Sgt. Adams killed the gunner with BAR fire. In the course of the action, he personally killed 9 Germans, eliminated 3 enemy machineguns, and vanquished a specialized force which was armed with automatic weapons and grenade launchers, cleared the woods of hostile elements, and reopened the severed supply lines to the assault companies of his battalion. 
    1944 - BROSTROM, LEONARD C., Medal of Honor.
Rank and organization: Private First Class, U.S. Army, Company F, 17th Infantry, 7th Infantry Division. Place and date: Near Dagami, Leyte, Philippine Islands, 28 October 1944. Entered service at: Preston, Idaho. Birth: Preston, Idaho. G.O. No.: 104, 15 November 1945. Citation: He was a rifleman with an assault platoon which ran into powerful resistance near Dagami, Leyte, Philippine Islands, on 28 October 1944. From pillboxes, trenches, and spider holes, so well camouflaged that they could be detected at no more than 20 yards, the enemy poured machinegun and rifle fire, causing severe casualties in the platoon. Realizing that a key pillbox in the center of the strong point would have to be knocked out if the company was to advance, Pfc. Bostrom, without orders and completely ignoring his own safety, ran forward to attack the pillbox with grenades. He immediately became the prime target for all the riflemen in the area, as he rushed to the rear of the pillbox and tossed grenades through the entrance. Six enemy soldiers left a trench in a bayonet charge against the heroic American, but he killed 1 and drove the others off with rifle fire. As he threw more grenades from his completely exposed position he was wounded several times in the abdomen and knocked to the ground. Although suffering intense pain and rapidly weakening from loss of blood, he slowly rose to his feet and once more hurled his deadly missiles at the pillbox. As he collapsed, the enemy began fleeing from the fortification and were killed by riflemen of his platoon. Pfc. Brostrom died while being carried from the battlefield, but his intrepidity and unhesitating willingness to sacrifice himself in a l-man attack against overwhelming odds enabled his company to reorganize against attack, and annihilate the entire enemy position. 
    1944 - OKUBO, JAMES K., Medal of Honor.
Technician Fifth Grade James K. Okubo distinguished himself by extraordinary heroism in action on 28 and 29 October and 4 November 1944, in the Foret Domaniale de Champ, near Biffontaine, eastern France. On 28 October, under strong enemy fire coming from behind mine fields and roadblocks, Technician Fifth Grade Okubo, a medic, crawled 150 yards to within 40 yards of the enemy lines. Two grenades were thrown at him while he left his last covered position to carry back wounded comrades. Under constant barrages of enemy small arms and machine gun fire, he treated 17 men on 28 October and 8 more men on 29 October. On 4 November, Technician Fifth Grade Okubo ran 75 yards under grazing machine gun fire and, while exposed to hostile fire directed at him, evacuated and treated a seriously wounded crewman from a burning tank, who otherwise would have died. Technician Fifth Grade James K. Okubo’s extraordinary heroism and devotion to duty are in keeping with the highest traditions of military service and reflect great credit on him, his unit, and the United States Army.
    1944 - THORSON, JOHN F., Medal of Honor.
Rank and organization: Private First Class, U.S. Army, Company G, 17th Infantry, 7th Infantry Division. Place and date: Dagami, Leyte, Philippine Islands, 28 October 1944. Entered service at: Armstrong, lowa Birth: Armstrong, lowa. G.O. No.: 58, 19 July 1945. Citation: He was an automatic rifleman on 28 October 1944, in the attack on Dagami Leyte, Philippine Islands. A heavily fortified enemy position consisting of pillboxes and supporting trenches held up the advance of his company. His platoon was ordered to out-flank and neutralize the strongpoint. Voluntarily moving well out in front of his group, Pvt. Thorson came upon an enemy fire trench defended by several hostile riflemen and, disregarding the intense fire directed at him, attacked single-handed He was seriously wounded and fell about 6 yards from the trench. Just as the remaining 20 members of the platoon reached him, 1 of the enemy threw a grenade into their midst. Shouting a warning and making a final effort, Pvt. Thorson rolled onto the grenade and smothered the explosion with his body. He was instantly killed, but his magnificent courage and supreme self-sacrifice prevented the injury and possible death of his comrades, and remain with them as a lasting inspiration.
    1944 – “Sipowicz”, actor Dennis Franz was born in Maywood, IL.  Franz was one of the leads in the popular TV series, “NYPD Blue” from 1993-2005.
    1945 – Birthday of Wayne Fontana (d. 2020), of The Mindbenders, born Glyn Geoffrey Ellis in Manchester, England.
    1946 - Our favorite flying cowboy was heard on ABC radio for the first time. "Sky King" starred Jack Lester, then Earl Nightingale, and finally, Roy Engel, as Sky. Beryl Vaughn played Sky's niece Penny; Jack Bivens was Chipper and Cliff Soubier was the foreman. "Sky King" was sponsored by Mars candy.
    1948 - In St. Louis, MO, Chuck Berry marries his first and only wife, Themetta "Toddy" Suggs. They were married for 68 years until his death.
    1949 - Birthday of Caitlyn, formerly William Bruce, Jenner, sportscaster, Olympic gold medal decathlete, Kardashian ex-husband, Mount Kisco, NY.
    1949 - Helen Eugene Moore Anderson became the first woman to hold the post of US ambassador when she was sworn in by President Harry S. Truman. She served as Ambassador to Denmark.
    1950 - “The Jack Benny Program” premiered on television. One of radio's favorite comedians, Jack Benny made the transition to favorite TV personality with this situation comedy-variety show in 1950. In March 1932, then-newspaper columnist Ed Sullivan, dabbling in radio, asked Benny, a star in vaudeville, to do an on-air interview. Benny reluctantly agreed. His comedy, though, was so successful that Benny was offered his own show.  In many of these skits, Benny portrayed himself as a vain egomaniac and notorious penny-pincher who refused to replace his (very noisy) antique car and who kept his money in a closely guarded vault. His regulars included his wife, whose character, Mary Livingstone, deflated Benny's ego at every opportunity; Mel Blanc, who used his famous voice to play Benny's noisy car, his exasperated French violin teacher, and other characters; and Eddie Andersen, one of radio's first African American stars, who played Benny's long-suffering valet, Rochester Van Jones. The program ran until 1955. One of my favorite lines came from a skit where a robber sticks a gun in his ribs and says, “Your money or life? “ The silence went on for many minutes, until Benny turns deadpan to the camera and answers, “I'm THINKING! “
    1950 - "All My Love" by Patti Page topped the charts and stayed there for 5 weeks.
    1951 - BURKE, LLOYD L., Medal of Honor.
Rank and organization: First Lieutenant, U.S. Army, Company G, 5th Cavalry Regiment, 1st Cavalry Division. Place and date: Near Chong-dong, Korea, 28 October 1951. Entered service at: Stuttgart, Ark. Born: 29 September 1924, Tichnor, Ark. G.O. No.: 43. Citation: 1st Lt. Burke, distinguished himself by conspicuous gallantry and outstanding courage above and beyond the call of duty in action against the enemy. Intense enemy fire had pinned down leading elements of his company committed to secure commanding ground when 1st Lt. Burke left the command post to rally and urge the men to follow him toward 3 bunkers impeding the advance. Dashing to an exposed vantage point he threw several grenades at the bunkers, then, returning for an Ml rifle and adapter, he made a lone assault, wiping out the position and killing the crew. Closing on the center bunker he lobbed grenades through the opening and, with his pistol, killed 3 of its occupants attempting to surround him. Ordering his men forward he charged the third emplacement, catching several grenades in midair and hurling them back at the enemy. Inspired by his display of valor his men stormed forward, overran the hostile position, but were again pinned down by increased fire. Securing a light machine gun and 3 boxes of ammunition, 1st Lt. Burke dashed through the impact area to an open knoll, set up his gun and poured a crippling fire into the ranks of the enemy, killing approximately 75. Although wounded, he ordered more ammunition, reloading and destroying 2 mortar emplacements and a machine gun position with his accurate fire. Cradling the weapon in his arms he then led his men forward, killing some 25 more of the retreating enemy and securing the objective. 1st Lt. Burke's heroic action and daring exploits inspired his small force of 35 troops. His unflinching courage and outstanding leadership reflect the highest credit upon himself, the infantry, and the U.S. Army. 
    1952 - Top Hits 
“You Belong to Me” - Jo Stafford 
“Wish You Were Here” - Eddie Fisher 
“I Went to Your Wedding” - Patti Page 
“Jambalaya (On the Bayou)” - Hank Williams
    1953 – “The Ol’ Red Head,” Red Barber, the Brooklyn Dodgers’ lead announcer, was selected by Gillette, which sponsored the World Series broadcasts, to call the games on NBC along with the Yankees’ Mel Allen. Barber wanted a larger fee than was offered by Gillette, however, and when Dodgers owner Walter O’Malley refused to back him, Barber declined to work the Series and Vin Scully partnered with Allen on the telecasts instead.  Barber resigned after the Series and signed to join Allen with the Yankees.  This also marked the first time Vin Scully took the lead role as Dodgers’ announcer, a role he maintained through the relocation to LA until retiring in 2016.
    1954 - Marilyn Monroe finalized her divorce from Joe DiMaggio, nine months after the wedding.
    1955 - Birthday of Microsoft co-founder and philanthropist, William H. Gates, Seattle, Washington. Gates and his childhood friend, Paul Allen, began programming in high school, when they created and sold a program to control traffic patterns in Seattle. Gates dropped out of Harvard in 1975 after he and Allen created a compiler for the BASIC computing language and sold it to fledgling PC company MITS. In 1977, Gates and Allen founded Microsoft and built the company by creating versions of BASIC for various personal computers. The company's biggest break came in 1981, when IBM introduced the IBM PC, running Microsoft DOS as its operating system. Microsoft's lock on the operating system market grew stronger, and Gates became one of the wealthiest men in America by the time he turned thirty-five. Today he is the wealthiest individual in the United States.
    1955 - A local kid from Lubbock, TX opened a concert for Marty Robbins and Elvis Presley. In the audience was a youngster by the name of Scott Davis. He would later become a superstar. We know him as Mac Davis. The kid who opened the concert was Buddy Holly.
    1956 - Elvis Presley makes his second appearance on The Ed Sullivan Show, where the host presents him with a Gold record for "Love Me Tender."   Also, “Love Me Tender” bumps “Don’t Be Cruel” b/w “Hound Dog” out of the Billboard #1 spot, making Elvis the first artist to knock himself off the top of the charts
    1957 - The Four Lads record "Put a Light in the Window."
    1958 - In San Francisco, construction begins on the Giants' new ballpark in an area where the rocks look like candlesticks jutting into the San Francisco Bay, known as Candlestick Point. The developer, James Harney, gifts the land with the stipulation the park be named after him.  Didn’t happen.  Demolition began in 2014 and was completed in 2015 as the Giants had moved to AT&T Park near China Basin, and the 49ers moved to Santa Clara.
    1958 – In what would be his last major appearance on television, Buddy Holly appears on American Bandstand, lip-synching “It’s So Easy” and “Heartbeat.”
    1958 – The Roman Catholic Patriarch of Venice, Angelo Giuseppe Roncalli, was elected Pope, taking the name John XXIII.
    1960 - Top Hits
“I Want to Be Wanted” - Brenda Lee 
“The Twist” - Chubby Checker 
“Devil or Angel” - Bobby Vee 
“Alabam” - Cowboy Copas
    1960 - The American Football League granted a seventh franchise to Buffalo with Ralph C. Wilson, Jr. of Detroit as principal owner.  The new team is named the Bills.  With Wilson’s passing in 2014, on October 8, 2014, Terry and Kim Pegula owner of the NHL Buffalo Sabres, received unanimous approval to acquire the Bills, assuring the team will remain in its birthplace.
http://www.buffalobills.com/history/index.cfm?include=/
includes/chronology_60.htm
    1961 - Ground is broken for the Flushing Meadow Stadium.  The future home of the New York Mets will be known as Shea Stadium in honor of Bill Shea, a lawyer who helped to bring back the NL to the Big Apple, after all but chasing the Brooklyn Dodgers away by failing to negotiate with Dodgers’ owner Walter O’Malley on a new site for the Dodgers’ ballpark at the end of the Atlantic Avenue subway line.  Shea Stadium was demolished in 2009 to furnish additional parking for the adjacent Citi Field, the current home of the Mets. 
    1961 - According to the Beatles' manager, Brian Epstein, this is the day on which a customer named Raymond Jones entered Epstein's Liverpool record store, NEMS, and requested a copy of the Beatles singing "My Bonnie," a 45 the group had cut in Hamburg, Germany with singer Tony Sheridan. Epstein, impressed that someone would ask for a record cut by a local group but only available as an import, tracks the band down at the Cavern Club and offers to manage them. Several Liverpool scenesters have since cast doubt on this story, claiming the group was already well-known in town.
    1961 - Chuck Berry was one of the biggest pop stars of the late 1950s when he began to have legal problems. While charges in yet another Mann Act violation were pending (which were dismissed in 1960), Berry met Janice Escalante, a Native American with roots in the Apache tribe, in a bar in El Paso, Texas. According to Berry, who took the young woman on the road with his traveling rock show, Escalante claimed to be 21 years old. After there was a falling out between the two, Escalante complained about Berry to the authorities. During his second trial, the prosecution produced a birth certificate proving that Escalante was a mere 14 years old. Berry was convicted and sentenced to three years in prison. After a short stretch in Leavenworth Federal Prison, he was transferred to a Missouri jail, where he spent his time studying accounting and writing songs. Among the songs he wrote before his release from prison in October 1963 were "No Particular Place to Go" and "You Never Can Tell," later memorialized in the film “Pulp Fiction.”
    1962 - New York Giants’ quarterback Y.A. Tittle completes 27 of 39 passes for 505 yards and a record-tying seven touchdown passes in the Giants' 49-34 victory over Washington at Yankee Stadium. 
    1962 - Withdrawal of Soviet missiles, under UN inspection, and a halt to construction of bases in Cuba, was agreed to by Premier Krushchev. Pres. Kennedy agreed to lift the trade and weapons ban when the UN had acted, and pledged that the U.S. would not invade Cuba.
    1964 - Marietta Peabody Tree was sworn in to the Trusteeship Council of the United Nations, becoming the first female United Nations permanent ambassador. She had served since 1961 as a United Nations delegate.
    1965 - The Gateway Arch (630ft/192m high), St. Louis, Missouri, was completed. Construction had begun Feb 29, 1964.
    1965 - The Supremes record "My World Is Empty Without You," one of the few songs written by the team for The Supremes to not reach number one.
    1965 - Pope Paul VI decrees that Jews are absolved of blame for the crucifixion of Christ.
    1967 - Actress/producer Julia Roberts birthday, born Smyrna, GA.
    1967 - Diana Ross and The Supremes' "Greatest Hits" started a five week run at #1 on the US album chart. Although original member Florence Ballard is pictured on the cover and sings on all the tracks, by the time the L.P. was released, she had been fired from the group and replaced by Cindy Birdsong.
    1968 - Top Hits 
“Hey Jude” - The Beatles 
“Little Green Apples” - O.C. Smith 
“Those Were the Days” - Mary Hopkin 
“Then You Can Tell Me Goodbye” - Eddy Arnold
    1969 - Charges that an illegal war in Laos was being conducted without congressional knowledge or consent were leveled against President Richard Nixon, the administration and the Pentagon by Senator J. William Fulbright, chairman of the Senate Foreign Relations Committee.
    1970 - Sky marshals were appointed in accordance with President Richard M. Nixon's presidential directive to deal with the proliferation of hijackings of commercial airplanes. The Treasury Law Enforcement Officers Training School graduated 46 marshals on December 23, 1970, and 81 marshals, including four women, on April 9, 1971.
    1971 - A severe early season blizzard raged through the plateau and Rocky Mountain region. Heavy snows blocked railroads and interstate highways. Record cold accompanied the storm. Lander, WY was buried under 27 inches of snow and the temperature at Big Piney, WY plunged to 15 degrees below zero.
    1972 - The United States Council for World Affairs announces that it is adopting "Join Together" by The Who as its official theme.
    1973 – Secretariat, the colt many considered the greatest thoroughbred race of all time, concluded his career with a victory in the Canadian International Championships at Woodbine Race Course. His jockey on this occasion was Eddie Maple, substituting for the suspended Ron Turcotte.
    1974 - Rhoda Morgenstern made TV history as she married Joe Girard on "Rhoda" on CBS. The show was a spin-off from the hugely successful "The Mary Tyler Moore Show."
    1976 - Top Hits 
“If You Leave Me Now” - Chicago 
“Still the One” - Orleans 
“Rock'n Me” - Steve Miller 
“You and Me” - Tammy Wynette
    1977 - Steve Perry makes his first concert appearance with Journey at the Old Waldorf in San Francisco. He would lead them to 17 Billboard Top 40 entries over the next ten years. 
    1978 - Nick Gilder's "Hot Child in the City" was the number one single on the "Billboard Hot 100". The hit was a track from Gilder's "City Nights" album.
    1978 – The great Boston Bruins defenseman, Bobby Orr, scored his last goal, against the Detroit Red Wings.
    1980 - Annette Funicello, Cubby O'Brien, Tommy Cole, Sherry Alberoni and Jimmie Dodd joined other Mouseketeers wearing black ears and white shirts on a sound stage in Burbank, CA. They were celebrating the 25th anniversary of the "Mickey Mouse Club." While we're celebrating the "Mickey Mouse Club," do you remember the five special events each week? There was Fun with Music Day on Monday, Guest Star Day on Tuesday, Anything Can Happen Day on Wednesday, Circus Day on Thursday and Talent Roundup Day on Friday. “Y? Because we LIKE you!….M-O-U-S-E-E-E-E”
    1980 – During one of the presidential debates with President Jimmy Carter, Candidate Ronald Reagan asked America, “are you better off  now than you were four years ago?"
    1981 - Game 6 of the World Series saw the Los Angeles Dodgers storm back, winning their fourth straight game (9-2), and the championship, after having been down two games to none to the New York Yankees. Rookie pitcher Fernando Valenzuela started the Dodger comeback, and batters Ron Cey, Pedro Guerrero, Steve Garvey, and Steve Yeager took them the rest of the way. There had been genuine concern that snow might interfere with the Fall Classic since it was being played so late in the season in New York City. And we worry about that every year that there's a World Series game in a northern city.  Yankees reliever George Frazier is the loser in three games.
    1981 - Edward M McIntrye elected first black mayor of Augusta, Georgia.
    1984 - Top Hits 
“I Just Called to Say I Love You” - Stevie Wonder 
“Caribbean Queen (No More Love on the Run)” - Billy Ocean 
“Hard Habit to Break” - Chicago 
“If You're Gonna Play in Texas (You Gotta Have a Fiddle in the Band)”
  - Alabama
    1986 - In the Neiman-Marcus catalogue, the store offered, as a unique holiday gift, a 100-year subscription to "The Wall Street Journal" -- for just $6,000. That was a $5,400 saving over the regular 100-year rate!
    1988 - Arctic cold invaded the north central U.S. Valentine, NE, dipped to 8 degrees, and Cutbank, MT, reported a morning low of one degree above zero. The temperature at Estes Park, CO dipped to 15 degrees, but then soared thirty degrees in less than thirty minutes.
    1989 - The Oakland Athletics beat the San Francisco Giants 9-6 to complete a four-game sweep of the World Series, the first World Series sweep since 1976. The A's scored first in every game and never lost the lead once. Oakland pitcher Dave Stewart pitched two games, won two games, struck out fourteen hitters in sixteen innings, had an earned run average of 1.69 and was named MVP. The Series will be remembered not only for the A's dominance, but also for the earthquake before game three that killed sixty-seven people in the San Francisco Bay area.
    1989 - A storm crossing the western U.S. produced 10 to 20 inches of snow across northern and central Wyoming, with 22 inches reported at Burgess Junction. Seven cities in the Lower Ohio Valley and the Upper Great Lakes Region reported record high temperatures for the date as readings again warmed into the 70s. Alpena, MI reported a record high of 75 degrees. 
    1991 - Yakima, WA recorded 2.4 inches of snow, equaling the record for October.
    1995 - Atlanta Braves right fielder David Justice broke a scoreless tie with the Cleveland Indians. It was a solo home run in the bottom of the sixth in Game 6 of the World Series, and it was all the Braves would need. Pitcher/Series MVP Tom Glavine allowed just one hit in eight innings, and Mark Wohlers pitched a perfect ninth to seal the championship, the first in Atlanta's history as they beat the Cleveland Indians 4 games to 2.
    1996 - Newspapers reported that Egghead, Inc. had started delivering software via the Internet directly to customers' computers, a major innovation at the time. The move made Egghead the first major software retailer to deliver programs over the Internet. Egghead closed about half its retail stores in 1996, and in 1998, the company closed all its bricks-and-mortar stores and moved its entire sales operation to the Web.
    1997 - The NBA hired five new referees for the 1997-98 season, including the first two women ever, Dee Kanter and Violet Palmer.  Both had extensive experience working women's college games and both worked exhibition games as a trial. Palmer got her first regular season assignment on October 31 in Vancouver. Kantner worked her first game on November 5, Philadelphia.
    1999 - During a performance in Dallas, Kenny Rogers throws a Frisbee that hits a chandelier; a man in the audience later sues, claiming that broken glass from the chandelier left his face scarred, which ruined his sex life.
    2002 - The Mets, after being unable to get permission to talk to Lou Piniella from Seattle and deciding not to wait ten days after World Series for the availability of Giants’ skipper Dusty Baker, give Art Howe a four-year, $9.4 million deal to manage the team. New York's new skipper managed the A's to two AL West titles (2000, 2002) championships with his teams, winning 383 games during the last four seasons that matched Joe Torre's Yankee total.
    2003 – “Tonight's The Night,” a musical play written around the hits of Rod Stewart, opens in London's West End.
    2005 - Vice President Dick Cheney's top adviser, I. Lewis "Scooter" Libby, resigned after he was indicted on charges of obstruction of justice, perjury and making false statements in the CIA leak investigation involving Valerie Plame. Libby was convicted and sentenced to 30 months in prison. President George W. Bush commuted his sentence.
    2007 - During the middle of Game 4 of the World Series between the Red Sox and the Colorado Rockies, S.I. com reports Alex Rodriguez has decided to opt out of his contract with the Yankees. The timing of the announcement and being a no-show at the game to receive the Hank Aaron Award, which honors the most outstanding offensive performer in each league, is severely criticized by fans and the media.  Oh, by the way, the Red Sox swept the Rocks.
    2011 - The St. Louis Cardinals won the 11th World Series title of their history, second-most in Major League history, by defeating the Texas Rangers, 6-2, in Game 7.
    2012 – The San Francisco Giant swept the Detroit Tigers in the World Series as Pablo Sandoval takes MVP honors.  It is the second Giants’ World Series win in three years.  It is also the seventh for the franchise as the New York Giants won five.
    2012 - The U.S. East Coast prepared for Hurricane Sandy, which caused damage throughout the Caribbean and resulted in 67 deaths.  The second worst in history, Sandy is responsible, so far, for $75 billion in damage and there are still millions outstanding in unresolved claims.  After weakening somewhat on Oct 27, she turned northwesterly and viciously slammed the coasts of New Jersey and New York City.  Sandy affected 24 states, including the entire eastern seaboard from Florida to Maine and west to Michigan and Wisconsin.
    2013 - Michael Jackson's personal physician, Dr. Conrad Murray, is released from prison, two years after being convicted of involuntary manslaughter
    2014 - Pahoa, a town of about 1,000 people on Hawaii's Big Island, evacuated due to a stream of lava flowing at 20 yards per hour from the Kilauea volcano.

World Series Champions
    1981 - Los Angeles Dodgers
    1989 - Oakland Athletics
    1995 - Atlanta Braves
    2011 – St. Louis Cardinals
    2012 – San Francisco Giants