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The Leasing News Edition is sent to the Constant Contact mailing list, who manage the links to the stories. Recently, their server has had difficulties and the links have not worked until corrected by Constant Contact. 

A notification on the Constant Contact News Edition informs readers that when the links are not working, to please go direct to www.leasingnews.org.

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The Web Site server is hosted by Leasing News, serviced by a separate company. If the links are not working as sent by Constant Contact, please go to www.leasingnews.org.

  Kit Menkin, Editor/Publisher

 

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Position Wanted – Credit
Work Remotely or Relocate for Right Opportunity

                   
Silverton, Oregon  “Will work remotely:”
30 years’ experience, 20 for others and 10 as a broker. Intelligent, innovative and usually exceeded quotas. Have worked most asset and credit types, indirect (vendor and syndications) as well as direct, mainly mid to large ticket. Cross-border and international experience.  Most recently focused on renewable energy and energy efficiency, which remain underserviced as to financing options. I live in Oregon, not interested in relocation (unless it is international), but any level of travel is fine. Dual USA/Canada citizenship. Looking for base salary plus upside, open to any reasonable options.
Rob Aldridge. raldridge@energyfinance.co 

Each Week Leasing News is pleased, as a service to its readership, to offer completely free ads placed by candidates for jobs in the industry. These ads also can be accessed directly on the website at: http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

Each ad is limited to (100) words and ads repeat for up to 6 months unless the candidate tells us to stop. Your submissions should be received here by the end of each week.

Please encourage friends and colleagues to take advantage of this service, including recent graduates and others interested in leasing and related careers. 

 

Leasing News Top Stories
September 17 – 21


(Stories most opened by readers)

(1)   Leasing News Exclusive:
  Is the Disclosure Too Complicated?
State Senator Steven Glazer
   Position on CA SB 1235 (Part 3 of 3)
By Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/Sep2018/09_21.htm#disclosure

(2) New Hires/Promotions in the Leasing Business
     and Related Industries
http://leasingnews.org/archives/Sep2018/09_21.htm#hires

(3) Leasing News Exclusive:
State Senator Steven Glazer and
the Genesis of CA SB 1235 (Part 1 of 3)
By Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/Sep2018/09_17.htm#state

(4) The Most Stolen Vehicles in America – Chart
  By Niall McCarthy  Statista.com
http://leasingnews.org/archives/Sep2018/09_21.htm#stolen

(5) Leasing News Exclusive:
 The Opposition and How Senator Steven Glazer 
   Got SB 1235 Passed (Part 2 of 3)
By Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/Sep2018/09_19.htm#opposition

(6) Fifth Credit Union Fails
    Taxi Cab Medallion Loans
http://leasingnews.org/archives/Sep2018/09_17.htm#fifth

(7) Merchant Cash Advance Targeted as Ponzi Scheme
  SEC and U.S. Attorneys Office Investing Alleged Fraud
https://www.investorlawyers.net/blog/1st-global-capital-targeted-by-sec-and-u-s-attorneys-office-in-investigation-concerning-alleged-fraud/

(8) Funder List "A"
   Full Listings Available
http://leasingnews.org/archives/Sep2018/09_17.htm#a

(9)  First Bank of Highland Park
  Updated in Funder List
http://leasingnews.org/archives/Sep2018/09_19.htm#firstbank

(10) Tesla is ending the free unlimited Supercharging era today
   – what does it mean?
https://electrek.co/2018/09/16/tesla-ending-free-unlimited-supercharging-era/

 

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Ralph Petta Reaction to Tom McCurnin’s
"Is the Disclosure Too Complicated? of SB 1235"

From:
Ralph Petta
President and CEO
Equipment Leasing and Finance Association
1625 Eye Street, NW • Suite 850
Washington, DC 20006

"Kit,

"Allow me to take exception and set the record straight with respect to Mr. McCurnin’s statement in his September 21 article(1) about passage of disclosure legislation in California, SB 1235 that ”… if ELFA lobbied against the bill, it didn’t do a very good job.” Mr. McCurnin’s simplistic characterization of ELFA efforts on this bill misses the mark on a number of fronts.

"I would point out to you and your readers that Mr. McCurnin was not at the negotiating table with the sponsor of the bill, Senator Glazer, his staff and the California Department of Business Oversight (DBO). ELFA was. The association marshalled the resources of our entire state government relations team—staff, attorneys, and legislative and regulatory policy experts on the ground in Sacramento— and met countless times over many weeks and months with Senator Glazer, his staff and the DBO to make what began as a bad bill, better for the equipment finance marketplace and our members. It was the intent of Senator Glazer to provide checks on what he and other California legislators consider predatory lending to commercial entities in the state by requiring a variety of disclosures in lending agreements. That’s the key—lending agreements. The intent was not to include equipment leasing and finance transactions within the scope of the bill. But as often happens in the drafting of measures like this, on too many occasions, unintended consequences result. 

"With introduction of SB 1235, ELFA communicated to Senator Glazer its strong opposition and testified to this effect before the Senate Finance Committee and Assembly Banking and Finance Committee in Sacramento. As a result, Senator Glazer took to the floor of the California Senate to emphatically make the point that it was not his intent to include lease financing in the bill’s scope and that these transactions would be carved out of the final measure.   

"The association then went to work with Senator Glazer and his staff to find language that would exempt lease financings from the bill. Easier said than done. The most difficult issue in the entire negotiation was trying to arrive at a definition of a lease financing. Bill drafters insisted that disclosures apply solely to loans and loan-like transactions. Finding the precise language to make this lease-versus-loan distinction—particularly in dealing with policy makers who are not all that familiar with our industry—proved extremely challenging. However, after weeks of negotiations, we ultimately arrived at what we believe to be language that provides an exemption under the bill for true lease transactions conducted in the state. Loans and loan-like products are covered under the bill.  This was the best outcome possible given the circumstances, and we, therefore, informed Senator Glazer that we would remove our formal opposition to the bill, and it moved forward to final passage by huge margins in both houses of the legislature. If and when the measure is signed by Governor Brown, ELFA will continue to work with the DBO to help craft workable implementing regulations.

“The association never supported this measure and only removed our opposition very late when we had achieved exempting language in a bill that we were convinced would not be defeated. But, rarely is trying to influence the direction of legislation—some call it lobbying--a black and white affair. The sausage making is messy—whether in Sacramento, Springfield, or Washington, DC. Legislating involves compromise. ELFA’s guiding advocacy principles and strategy involve being collaborative with policy makers where it makes sense to do so. Our objective is to kill, amend, or render harmless any legislative or regulatory policy matter the negatively impacts the equipment finance industry.  This is what ELFA members expect of us. "

From Kit Menkin, cc: Tom McCurnin
Senator Glazer said in the Question and Answer section, page 2:
"One other note: we worked very closely with the Equipment Leasing and Finance Assn. on the part of the bill that deals with lease financing. In the end they were satisfied that the language was fair and workable for the leasing industry, and they did not oppose the bill." (2)

In our masthead, our policy is explained in every news edition:

"When an article is signed by the writer, it is considered a “byline". It reflects the opinion and research of the writer."

In this regard, I am forwarding your email to Tom McCurnin, should he wish to respond.

From Ralph Petta, cc: Tom McCurnin
“ELFA does not support the final bill. We have decided not to oppose it. There is a difference.”

From Tom McCurnin, cc: Kit Menkin
“If there a difference between non-opposition and support it's lost on me—the result is the same. 

“By surrendering to Sen. Glazer I’m sure it contributed to the lopsided vote. Given the hatred for the bill, voiced by many members I was surprised at ELFA’s surrender.” 

(1) Is the Disclosure Too Complicated? State Senator Steven Glazer Position on CA SB 1235 (Part 3 of 3)
By Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/Sep2018/09_21.htm#disclosure

(2) Page 2, Question and Answers
 http://www.leasingnews.org/PDF/Q&AwithSenGlazer.pdf

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Commitment to Lease or Make Loan Agreements
Often Have Full Disclosure

In small and medium size leases, the actual lease payment is often given and calls for the first and last payment as well as the documentation fee. Often a clause contains a "documentation" fee is noted, along with a clause that it is non-refundable if the lease is not approved. Often the wording is different and seems to be buried. Sometimes it is quite obvious and is spelled out as a processing fee.

This form was developed by Attorney Ken Greene, who is also a longtime advisor to Leasing News. It is aimed at keeping fees for working on an application.He is currently General Counsel for the American Association of Commercial Finance Brokers (formerly the National Association of Equipment Leasing Brokers) and has spoken at conference panels.

Greene Agreement to Keep Expenses
http://leasingnews.org/PDF/GreeneAgreementExpenses2016.pdf

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

Charges a Fee Form
http://leasingnews.org/PDF/ChargesFeeForm2016.pdf

Business Loans or "Working Capital" loan commitment letters are explicit.  This is a form most often used by California License Finance Lenders:

Authorization to Find Lender
http://leasingnews.org/PDF/ChargesFeeForm2016.pdf

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

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.

Lease Commitment Agreement
http://leasingnews.org/PDF/LeaseCommittmentAgreement2016.pdf

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 go to a specialist who has experience in the leasing and finance industry.

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. This can be  based on completion of all the documents and/or lease contracts. The time factor may be important, particularly if the matter goes to small claims court, or a higher court, depending on the money involved.
(Attorneys most likely will have different opinions on this, but it is important to let the applicant know there is a time frame involved in conducting credit or having to re-do credit and even ask for more current financial information, due to the time involved in collecting what you originally required.)

#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.)

Ken Greene
Law Offices of Kenneth Charles Greene
5743 Corsa Avenue Suite 208
Westlake Village, California 91362
Tel: 818.575.9095
Fax: 805.435.7464
Skype: 424.235.1658
ken@kengreenelaw.com
kenlaw100@gmail.com

 

 

Purchase, Renewal, Return ("PRR") Clauses
by Christopher Menkin

"PRR" clauses are in the category of "Evergreen Clauses" and "Wintergreen Clauses," where the lessee must notify the lessor of its intention, often 90 days in advance, regarding its intent toward the residual. Its abuse, when the lessee fails in notify the lessor, has resulted continuing automatic payments, ACH, until the lessee realizes what is happening.  Worse is the Purchase, Renewal, Return clause ("PPR"). It basically is an automatic 12 month extension of the lease contract when there is not resolution or 90 day notification. The wording makes it a merry-go-round.   In the case of Republic Bank, Bountiful, Utah, before they started winding down, they would not only discount the stream of payments but the 12 month "PPR" to the lessor.  One of their favorites was Mazuma Capital, Draper, Utah; who “merged” with Onset Financial, South Jordan, Utah, January, 2014 (1).

In the "Evergreen Section, "Leasing News identifies Marquette Equipment Finance, Midvale, Utah, Mazuma Capital Corp, Draper, Utah, Onset Financial, South Jordan, Utah, Pacific Western Equipment Finance, Cottonwood Heights, Utah, Tetra Finance Group, Salt Lake City, Utah 9 (2).  The evidence is from court cases as well as current leasing contracts that contain the provision.

A typical example comes from a court case involving Onset Financial:

“(Section 20:
n. Lessee's Options at Maturity of Base Period. At the maturity of the Base Period of any Lease, Lessee shall, provided at least one hundred fifty (150) days prior written notice is received by Lessor from Lessee via certified mail, do one of the following: (1) purchase the Property for a price to be determined by Lessor end Lessee, (2) renew the Lease for twelve (12) additional months at the rate specified on the respective Schedule, or (3) terminate the Schedule and return the Properly to Lessor at Lessee's expense to a destination within the continental United States specified by Lessor; provided, however, that for option (3) to apply, all accrued but unpaid late charges, interest, taxes, penalties, and any and all other sums due and owing under the Schedule must first be paid in full, the provisions of Sections 8f, 8g and 7d hereof must be specifically complied with, and Lessee must enter into a new Schedule with Lessor to lease Property which replaces the Property listed on the old Schedule. With respect to options (1) and (3), each party shall have the right in its absolute and sole discretion to accept or reject any terms of purchase or of any new Schedule, as applicable. In the event Lessor end Lessee have not agreed to either option (1) or (3) by the maturity of the Base Period, or if Lessee fails to give written notice of Its option via certified mail at least one hundred fifty (150) days prior to the maturity of the Base Period, or if an Event of Default has occurred under any Lease, then option (2) shall apply at the maturity of the Base Period. At the maturity of the renewal period provided for In option (2) above, the Lease shall continue in effect at the rate specified in the respective Schedule for successive periods of six (6) months each subject to termination at the maturity of any such successive six-month renewal period by either Lessor or Lessee giving to the other party at best thirty (30) days prior written notice of termination." (3)

1. Mazuma-Onset Merger
   http://leasingnews.org/archives/Jan2014/1_13.htm#merge
2. Evergreen Clauses
   http://www.leasingnews.org/Pages/lease_expiration_evergreen.html
3. Onset Contract
   http://leasingnews.org/PDF/OnsetContract.pdf 

 

 

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Equipment Finance Agreements Explained
by Barry S. Marks, Esq.

Three-quarters of all leases in this country are “leases intended as security” ($1.00 purchase, dirty, finance, security, not-true or whatever leases) and only one-quarter are true leases.

Nevertheless, our industry has relied on lease language in financing documents for over half a century. Judges have generally followed the light in construing these documents but there have been notable instances in which a judge will attach liability for ownership of equipment to a finance lease lessor and state tax authorities routinely tax $1.00-out leases as true leases (and tax the finance charge as a result).

For this and other reasons, the Equipment Finance Agreement is becoming increasingly popular and stands to replace the familiar not-true lease as the finance vehicle of the future.

EFA’s are also sometimes used to finance motor vehicles and other potentially dangerous equipment, to be clear that lessees have title to preserve tax exemptions available only to the lessees and in other situations where not-true leases might create an ambiguity as to the lessee’s title or the lessor’s security interest. An EFA is simply a loan and security agreement by another name. Unlike a lease, the equipment user and not the financer clearly holds title. The transaction is stated to be in the nature of a loan or financing rather than a lease of personal property.

As opposed to a lease intended as security (a financing lease), an EFA is clear on its face as to the parties’ intention. The EFA therefore has the following advantages over a financing lease.

• The EFA includes remedies under UCC Article 9 rather than mixing lease (Article 2A) and loan (Article 9) language. Presumably, this will make it easier to enforce in the event of a borrower default.

• The EFA clearly states that the lessee holds title, which may have advantages for state sales tax purposes. Many states assess sales tax on the finance charge component of rent in a true lease. Some will tax financing leases the same way as true leases, assessing the additional tax because it appears that the lessor retains title.

• As the lessee clearly holds title, lessee sales and property tax exemptions are more likely to be preserved.

• The lender will be shown as a lien holder on the certificate of title, avoiding confusion with state titling authorities.

At the same time, because the EFA does not include a promissory note or security agreement as such, many lessors that are under internal restrictions prohibiting the making of traditional loans can close an EFA transaction. The absence of a promissory note eliminates extra paper and, to a large degree, the EFA can be modeled on an existing lease agreement package so as to preserve familiar late fee policies, document modeling, and deal structures.

Of course, it should be remembered at all times that the EFA is a loan-type transaction document. Because it will not own title, the lessor will not be entitled to depreciation or other state or federal tax benefits arising from ownership of the leased equipment, and the transaction cannot possibly qualify as an operating lease for accounting purposes on the lessee’s books. It is absolutely essential that the lessor file UCC financing statements if it wishes to preserve its rights in the collateral.

Barry S. Marks
Marks & Weinberg, P.C.
bmarks@marksweinberg.com 
Phone: 205.251.8302
Fax: 205.251.8305
http://www.leaselawyer.com/barrybio.htm

Barry Marks, Esq. Poetry Book of the Year in Alabamahttp://leasingnews.org/archives/Jun2011/6_17.htm#marks_poetry

Poems by Barry Marks, Esq.
Possible Crocodiles--collection at http://www.brickroadpoetrypress.com/

Soundings
http://www.amazon.com/Sounding-Barry-Marks/dp/0942544773/ref=sr_1_1?s=books&ie=UTF8&qid=1343590858&sr=1-1&keywords=sounding+by+barry+marks

A few of Barry's Poems
http://www.leasingnews.org/archives/March%202009/03-23-09.htm#poem1
http://leasingnews.org/archives/May2010/5_12.htm#poem
http://www.leasingnews.org/archives/March%202009/03-27-09.htm#poem1
http://leasingnews.org/archives/Aug2012/8_09.htm#marks

 

 

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Take Your Banker to Lunch
by Kit Menkin

There are community banks and regional banks, as well as the "Top Twenty" banks where you can make business friends (sometimes personal friends).

It is a two way street: you may be able to refer them business and they do likewise. In addition, to stay ahead of what is happening or what you each can learn from each other, is very important.

I know everyone likes to “text” or “read” what is going on via their digital device, but “face-to-face” builds up relationships, too. Don't abandon it, and don't abandon the human contact with your bank.

The experience and knowledge of your banker can be very helpful to you as an entrepreneur, a salesman, an officer of your company.

If you are a customer of your bank, start there. Everyone generally has lunch and that is a time of the day your banker may have available.

I also believe in joining your local chamber of commerce, a local charity or service group, as well as a leasing or other business association group. Maybe your business comes from all over the United States or a niche, but you are missing growth in your career by not getting involved locally in the greater community where you live and work.

And most of all, don’t look for an immediate uptick in business. It often takes time to develop both a personal and trusting relationship.

Pointer/Mix
Voorhees Township,  New Jersey Adopt a Dog

Paul

ID 38107420
Male
2 years, 6 months
Large
White/Black
Neutered
Declawed: No
Housetrained: Unknown
Site: Animal Welfare Association
Location: Dog Kennels
Intake Date: 8/30/2018
Stage: Available
Fee: $175

“Hello future family! My name is Paul and my plan is to convince YOU to adopt ME. I am very ready to be someone's beloved best friend again. I like to consider myself as "the life of the "party" kinda guy and I make friends with new people everywhere I go. I've got a lot of energy to burn so my pawfect family will be able to keep me active every day by taking me running, going hiking, or playing in the backyard with me a lot. I try to be perfect but I'll need some help from my humans on basic training and learning not to pull on my leash. I'll reward you with lots of love and lots of fun! Have I convinced you to adopt me yet? Ask a staff member to meet me today!”

Animal Welfare Association
509 Centennial Blvd
Voorhees, New Jersey 08043
856-424-2288
eMail: adoptions@awanj.org

Adoption Hours:
Tuesday through Friday 12pm- 7pm
Saturday & Sunday 12pm- 5pm

All Dogs and Puppies are:
Spayed or Neutered
Dewormed (often the first in a series of treatments that should be completed by the adoptive family)
Heartworm tested
Treated for fleas
Up to date with age appropriate vaccinations (for puppies, the first in a series of vaccinations that should be completed by the adoptive family through their veterinarian)
Microchipped. All dogs and puppies come identified with a unique, permanent microchip. Microchip registration is included in the adoption.
Receive one free month of Pet Health Insurance
Dogs must go home with a buckle collar, a leash, and a tag which can all be purchased at the shelter office.

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

 

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Twelve Attorneys Against Evergreen Abuse

The original intention of the Evergreen clause in an equipment leasing contract was to have an alternative to when the lessee did not exercise the residual at the end of the contract. Often the clause calls for an automatic additional twelve months when the residual is not resolved.

In most cases, the lessor notifies the lessee that the residual will be due, often ninety days in advance. However, often there is nothing in the contract that requires the lessor to notify the lessee regarding the expiration of the contract.

Contrarily, many small ticket lessors do not notify the lessee, and automatically continue the lease, often via an ACH or continued billing, which often goes unnoticed until many payments have already been made.

Leasing News would like to see an industry standard that lessees are notified in advance of the expiration of their contract regarding its termination. We support the clause, and the notification requirement is wide open, meaning 90, 60, even 30 days and by telephone or mail.

This list of attorneys agrees with this and will be available to lessees, sometimes able to help them without a fee, or at a reduced rate, in an effort to end the abuse of Evergreen clause leases.

Joseph G. Bonanno, Esq., CLFP
Attorney at Law, Massachusetts
Andover Landing at Brickstone
300 Brickstone Square, Ste. 201
Andover, MA 01810
Tel: (781)328-1010
Fax: (781) 827-0866
Email: law@jgbesq.com
"Industry expert witness in litigation, numerous authored and
co-authored published articles and conducting educational
seminars. Very well-known in the industry."

Jim Coston
Coston & Coston LLC
105 W. Adams Street
Suite 1400
Chicago, Illinois 60603
(312) 205-1010
jcoston@costonlaw.com
(In 1998, he was elected to the United Association of Equipment
Leasing Board of Directors, and in 2003-04 was the first
attorney to become UAEL President, very active in his political party.)

Ronald J. Eisenberg
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005
(636) 537-4645 x108
(636) 537-2599 (fax)
www.sl-lawyers.com
(Proven Leasing Litigator, well respected by all sides)

Ronald P. Gossett
Gossett & Gossett, P.A.
400 Seridan Street, Building I
Hollywood, Florida
954-983-2828
Fax: 954-983-2850
rongossett@gossettlaw.com
(Many cases including NorVergence, Brican, among others, a winner)

Ken Greene
Law Offices of Kenneth Charles Greene
5743 Corsa Avenue Suite 208
Westlake Village, California 91362
Tel: 818.575.9095
Fax: 805.435.7464
Skype: 424.235.1658
kenlaw100@gmail.com
(Ken was involved in the formation of Leasing News and
represented it (pro bono) in the early days.)

Peter S. Hemar, Esq.
Hemar & Associates, Attorneys at Law
2001 Wilshire Blvd., Suite 510
Santa Monica, CA 90403
Telephone: (310) 829-1948
Fax: (310) 829-1352
phemar@hemar.com
(My firm supports the clause giving lessees advance 
notice of the expiration of their contract.)

Brandon J. Mark
Attorney at Law, Admitted in Utah and Oregon
Parsons Behle & Latimer
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
Direct Dial 801.536.6958
Facsimile 801.536.6111
www.parsonsbehle.com
BMark@parsonsbehle.com
(His firm represents banks who buy leases, and his
clients refuse to buy these types of leases.)

Barry S. Marks
MARKS & ASSOCIATES, P.C.
Financial Center - Suite 1615
505 North 20th Street
Birmingham, Alabama 35203
P. O. Box 11386
Birmingham, Alabama 35202
barry@leaselawyer.com
www.leaselawyer.com
205.251.8303
fax 278.8905 (Direct) 251.8305 (Main)
(Well-known to the leasing industry, also Alabama Poet)

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ste. 2200
Los Angeles, CA 90071
Voice: (213) 617-6129
Fax: (213) 625-1832
Cell: (213) 268-8291
Email: tmccurnin@bkolaw.com
(Leasing News Advisor/Leasing News Legal Editor,
Well-Known top Leasing Litigator)

Frank Peretore
Chiesa Shahinian & Giantomasi
West Orange, New Jersey
http://www.csglaw.com/biographies/frank-peretore 
Phone 973-530-2058
fperetore@csglaw.com
(Experienced leasing attorney, aggressive, author, active
National Equipment Finance Association, ELFA, too)

Kevin E. Trabaris, Partner
Culhane Meadows PLLC
30 S. Wacker Drive, 22nd floor
Chicago, IL  60606
Telephone:  847-840-4687
Email:  ktrabaris@culhanemeadows.com
llflegal.com/attorneys/kevin-trabaris
"In my career, I’ve repeatedly seen this provision misused
by unscrupulous lessors and think it’s a bad idea for both
the lessee and the lessor."

Michael J. Witt, Esq.
MICHAEL J. WITT LAW OFFICES
4342 Oakwood Lane
West Des Moines, IA 50265
Tel: (515) 657-8706
Mobile: (515) 868-1067
Fax: (515) 223-2352
email: MWitt@Witt-Legal.com
 Web:  www.witt-legal.com
(Former Advanta Leasing
and Wells Fargo Equipment Finance attorney)

 

News Briefs----

Non-bank lenders are back
   and even bigger than before
https://www.washingtonpost.com/business/economy/non-bank-lenders-are-back-and-even-bigger-than-before/2018/09/21/5fc026a2-bc48-11e8-8792-78719177250f_story.html

Fed funds rate set to rise past inflation for first time since 2008
Widely expected increase will push key US measure above price rises
https://www.ft.com/content/9be4f6a4-bdd7-11e8-8274-55b72926558f

Second-Quarter FDIC Data Shows Banking Improvements,
  But Concerns Remain
https://www.forbes.com/sites/investor/2018/09/21/second-quarter-fdic-data-shows-banking-improvements-but-concerns-remain/#7d49c2a44aa9

Renasant Ex-Banker Max H. Miller Charged
 with Scamming Aberdeen Bank for $850,000
http://www.djournal.com/news/former-banker-accused-of-fraud-embezzlement-in-federal-indictment/article_7bf994c0-0812-5dfa-8eeb-5384fd498b29.html

Danske Bank could be fined $8 billion
  after its huge money laundering scandal, analysts say
https://www.businessinsider.com/analysts-danske-bank-fines-could-hit-8-billion-in-money-laundering-scandal-2018-9

Trump administration has doled out $25.8M to farmers hurt
by tariffs received 39,447 applications for aid and approved 7,851
https://nypost.com/2018/09/21/trump-administration-has-doled-out-25-8m-to-farmers-hurt-by-tariffs/

Where Home Sales Go From Here Is Anyone’s Guess
 house prices are still rising. Higher borrowing costs starting to offset
http://ww2.cfo.com/the-economy/2018/09/where-home-sales-go-from-here-is-anyones-guess/

 

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Working from Home Boosts Productivity and Satisfaction,
   Survey Indicates
http://www.vault.com/blog/workplace-issues/working-from-home-boosts-productivity-and-satisfaction-study-indicates

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Baseball Poem

Anthem

 by
William (Sugar) Wallace

Catfish, Mudcat, Ducky, Coot.
The Babe, The Barber, The Blade, The Brat.
Windy, Dummy, Gabby, Hoot.
Big Train, Big Six, Big Ed, Fat.

Greasy, Sandy, Muddy, Rocky.
Bunions, Twinkletoes, Footsie, The Hat.
Fuzzy, Dizzy, Buddy, Cocky.
The Bull, The Stork, The Weasle, The Cat.
Schoolboy, Sheriff,
Rajah, Duke,
General, Major,
Spaceman, Spook.

The Georgia Peach, The Fordham Flash,
The Flying Dutchman. Cot.
The People's Cherce, The Blazer. Crash.
The Staten Island Scot.
Skeeter, Scooter,
Pepper, Duster,
Ebba, Bama, Boomer, Buster.

The Little Professor, The Iron Horse. Cap.
Iron Man, Iron Mike, Iron Hands. Hutch.
Jap, The Mad Russian, Irish, Swede. Nap.
Germany, Frenchy, Big Serb, Dutch,
Turk. Tuck, Tug, Twig.
Spider, Birdy, Rabbit, Pig.

Fat Jack, Black Jack, Zeke, Zack. Bloop.
Peanuts, Candy, Chewing Gum, Pop.
Chicken, Cracker, Hot Potato, Soup.
Ding, Bingo.
Hippity-Hopp.

Three-Finger, No-Neck, The Knuck, The Lip.
Casey, Gavvy, Pumpsie, Zim.
Flit, Bad Henry. Fat Freddie, Flip.
Jolly Cholly, Sunny Jim.
Shag, Schnozz,
King Kong, Klu.
Boog, Buzz,
Boots, Bump, Boo.

King Carl, The Count. The Rope, The Whip.
Wee Willie, Wild Bill, Gloomy Gus. Cy.
Bobo, Bombo, Bozo. Skip.
Coco, Kiki, Yo-yo. Pie.
Dinty, Dooley,
Tuffy, Snuffy,
Stubby, Dazzy,
Daffy, Duffy.

Baby Doll, Angel Sleeves, Pep, Sliding Billy,
Buttercup, Bollicky, Boileryard, Juice.
Colby Jack, Dauntless Dave, Cheese,
Gentle Willie,
Trolley Line, Wagon Tongue, Rough,
What's the Use.

Ee-yah,
Poosh 'Em Up,
Skoonj, Slats, Ski.
Ding Dong,
Ding-a-Ling,
Dim Dom, Dee. 

Famous Amos. Rosy, Rusty.
Handsome Ransom. Home Run, Huck.
Rapid Robert. Cactus, Dusty.
Rowdy Richard. Hot Rod, Truck.
Jo-Jo, Jumping Joe,
Little Looie,
Muggsy, Moe.

Old Folks, Old Pard, Oom Paul. Yaz.
Cowboy, Indian Bob, Chief, Ozark Ike.
Rawhide, Reindeer Bill. Motormouth. Maz.
Pistol Pete, Jungle Jim, Wahoo Sam. Spike.
The Mad Hungarian.
Mickey, Minnie.
Kitten, Bunny.
Big Dan, Moose.
Jumbo, Pee Wee; Chubby, Skinny.
Little Poison.
Crow, Hawk, Goose.
Marvelous Marv.
Oisk, Oats, Tookie.
Vinegar Bend.
Suds, Hooks, Hug.
Hammerin' Hank.
Cooch, Cod, Cookie.
Harry the Horse.
Speed, Stretch, Slug.

The Splendid Splinter. Pruschka. Sparky.
Chico, Choo Choo, Cha-Cha, Chub.
Dr. Strangeglove. Deacon. Arky.
Abba Dabba. Supersub.
Bubbles, Dimples, Cuddles, Pinky.
Poison Ivy, Vulture, Stinky.
Jigger, Jabbo
Jolting Joe
Blue Moon
Boom Boom
Bubba
Bo

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Sports Briefs---

Tiger Woods Wins First Tournament Since 2013
http://www.espn.com/golf/story/_/id/24357675/how-tiger-woods-overcame-pain-scandal-triumph-again-win-tour-championship-first-victory-five-years

Jimmy Garoppolo may have torn ACL in 49ers’ 38-27 loss to Chiefs
https://www.sfgate.com/49ers/article/Jimmy-Garoppolo-sustains-knee-injury-in-49ers-13251683.php

Jimmy Garoppolo injury shatters 49ers’ hopes
https://www.sfgate.com/49ers/ostler/article/Jimmy-Garoppolo-injury-shatters-49ers-hopes-13251883.php?t=c31a2b1d42

Broncos rookie surprise Phillip Lindsay ejected
    from game for throwing punches
https://www.yahoo.com/sports/broncos-rookie-surprise-phillip-lindsay-ejected-game-throwing-punches-183944276.html

Five observations from the Redskins' rain-soaked win
     over the Packers
https://www.yahoo.com/sports/five-observations-redskins-win-over-204403448.html

How an allegedly washed-up QB rescued the Giants’ season
https://nypost.com/2018/09/23/how-an-allegedly-washed-up-qb-rescued-the-giants-season/

When will Raiders get their money’s worth from Jon Gruden?
https://www.eastbaytimes.com/2018/09/23/when-will-raiders-get-their-moneys-worth-from-jon-gruden/

Rams stake claim as one of NFL's elite teams
  with win over Chargers
https://www.usatoday.com/story/sports/nfl/columnist/bell/2018/09/23/rams-chargers-los-angeles-score-todd-gurley/1406234002/

Drew Brees' touchdown run in overtime lifts Saints past
    Falcons in record-setting day
https://www.usatoday.com/story/sports/nfl/saints/2018/09/23/drew-brees-new-orleans-saints-atlanta-falcons/1405759002/

Report: Patriots Nearly Traded Rob Gronkowski to Lions;
   TE Threatened to Retire
https://bleacherreport.com/articles/2797154-report-patriots-nearly-traded-rob-gronkowski-to-lions-te-threatened-to-retire

[headlines]
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California Nuts Briefs---

$823 million, 31 billion-gallon Calaveras Reservoir dam
     ready for debut
https://www.sfchronicle.com/bayarea/article/Crews-topping-off-Calaveras-Dam-shoring-up-Bay-13245983.p

Silicon Valley's housing crisis is so dire that this
    897-square-foot Palo Alto home   is selling for $2.59 million
https://www.sfgate.com/technology/businessinsider/article/Silicon-Valley-housing-market-palo-alto-expensive-12902397.php

Fate of Point Molate’s Winehaven castle
— once the world’s largest winery  — awaits another chapter
https://www.mercurynews.com/2018/09/23/fate-of-point-molates-winehaven-castle-once-the-worlds-largest-winery-awaits-another-chapter/

 

[headlines]
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“Gimme that Wine”

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

Did winemaker Joe Wagner misrepresent
   where his Oregon Pinot Noirs came from?
https://www.sfchronicle.com/wine/article/Did-winemaker-Joe-Wagner-misrepresent-where-his-13245903.php?utm_campaign=facebook-premium&utm_source=CMS+Sharing+Button&utm_medium=social

Treasury Wine Estates introducing new Italian wine US market
https://www.winebusiness.com/news/?go=getArticle&dataid=203629

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

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

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

This Day in History

     1493 – Christopher Columbus set sail on his second voyage to the New World with a fleet of 17 ships.
    1657 - The first autopsy and coroner’s jury verdict were recorded, in the Maryland Colony.
    1664 – The Dutch surrendered New Amsterdam to the British.
    1683 – King Louis XIV expelled all Jews from French possessions in America.
        1742 – Faneuil Hall opened in Boston.  After the project of erecting a public market house in Boston had been discussed for some years, slave merchant Peter Faneuil offered to build a suitable edifice at his own cost as a gift to the town. There was a strong opposition to market houses, although a vote of thanks was passed unanimously.  It was built in the style of an English country market, with an open ground floor serving as the market house, and an assembly room above. According to Sean Hennessey, a National Park Service spokesman, some of Boston's early slave auctions took place near Faneuil Hall.  It was the site of several speeches by Samuel Adams, James Otis and others encouraging independence from Great Britain. Now it is part of Boston National Historic Park and a well-known stop on the Freedom Trail. It is sometimes referred to as "the Cradle of Liberty."  In 2008, Faneuil Hall was rated number 4 in America's 25 Most Visited Tourist Sites by Forbes Traveler.
    1755 – John Marshall (d. 1835), 4th Chief Justice of the US, was born in Germantown, VA.  He was the last chief justice born a British subject prior to the Revolution.  Before becoming chief justice, Marshall had been a leader of the Federalist Party in Virginia and served in the House of Representatives from 1799 to 1800. He was also Secretary of State under President John Adams from 1800 to 1801. The longest-serving chief justice in Supreme Court history, Marshall played a significant role in the development of the American legal system during his 34 years in office, authoring nearly half of the Court's decisions during his tenure. He reinforced the principle that federal courts are obligated to exercise judicial review, by overturning purported laws, both state and federal, if they violate the Constitution.   Marbury v. Madison (1803) remains the foundational case for this authority. Thus, Marshall cemented the position of the American judiciary as an independent, co-equal, and influential branch of government. Furthermore, the Marshall Court made several important decisions relating to federalism, affecting the balance of power between the federal government and the states during the early years of the republic. In particular, Marshall repeatedly confirmed the supremacy of federal law over state law and supported an expansive reading of the enumerated powers. He most clearly articulated his philosophy in McCulloch v. Maryland (1819).   Marshall also became involved in the case against former Vice President Aaron Burr who was charged with treason, ruling that the prosecution lacked sufficient evidence to prove treason. Throughout his chief justiceship, Marshall applied his federalist philosophy regarding the rule of law to build a stronger federal government over the opposition of the Jeffersonians (and later the Jacksonians), who wanted stronger state governments. 
    1772 – New Jersey passes a bill requiring a license to practice medicine.    
    1780 – Benedict Arnold fled to British Army lines when the arrest of British Major John Andre exposed Arnold's plot to surrender West Point.
    1786 – Jupiter Hammon, at the inaugural meeting of the African Society, delivered his "Address to the Negroes of the State of New-York," also known as the "Hammon Address." He was seventy-six years old and had spent his lifetime in slavery. He said, "If we should ever get to Heaven, we shall find nobody to reproach us for being black, or for being slaves."  He also said that, while he personally had no wish to be free, he did wish others, especially "the young negroes, were free." Hammon was a black poet who in 1761 became the first African-American writer to be published in the present-day US.  Although not emancipated, Hammon participated in new Revolutionary War groups such as the Spartan Project of the African Society of New York City.
    1789 – Congress passed the Judiciary Act which created the office of the Attorney General and the federal judiciary system and orders the composition of the Supreme Court.    

    1835 - The Suwanee Association was formed in Florida. Comprised of eight member churches, it was the first official Baptist organization in Florida history.
    1846 – Zachary Taylor captured Monterrey in the Mexican-American War after driving Mexican troops out of Texas.  Defying orders, Taylor led his troops further south and, despite being severely outnumbered, dealt a crushing blow to Mexican forces under Santa Anna at the Battle of Buena Vista. Taylor's troops were transferred to the command of Major General Winfield Scott, but Taylor retained his popularity. 
    1869 – The first “Black Friday?”  Gold prices plummeted after President Ulysses Grant ordered the Treasury to sell large quantities of gold after Jay Gould and James Fisk plot to control the market. The policy was to sell Treasury gold at weekly intervals to pay off the national debt, stabilize the dollar, and boost the economy. The country had gone through tremendous upheaval during the Civil War and was not yet fully restored. This period, known as the Gilded Age, was a time of great industrial growth which invited much investment and speculation. Abel Corbin, a small-time speculator, married Virginia Grant, the younger sister of President Grant. After the marriage, Gould and Fisk approached Corbin, taking advantage of his brother-in-law relationship with the president, and persuaded Corbin to introduce them to Grant. Gould and Fisk hoped that befriending the President would get them privy information about up and coming government gold sales—information with which they manipulated the market. It worked, resulting in a scandal that undermined the credibility of Grant’s presidency and the national economy. Gould and Fisk used their personal appearances with Grant to gain clout on Wall Street in addition to using their insider information. During the first week of September, Grant's Secretary of Treasury Boutwell received a letter from Grant telling him gold sales would be harmful to Western farmers, a notion planted by Gould and Fisk. Boutwell suspended Treasury gold sales. At the same time, Gould and Fisk began buying gold, raising the price of gold. After learning about the nature of their scheme, Grant ordered the release of $4 million in gold on Friday September 24. Grant's move drove down the price of gold, crushing the Gold Ring's corner on the market. A panic on Wall Street ensued and the country went through a few months of economic turmoil. Thanks to Grant's efforts, as well as of his administration, a national depression was averted. Gould and Fisk hired the best defense available and escaped prosecution. An 1870 government investigation, headed by James A. Garfield, exonerated Grant of any illicit involvement in the conspiracy.
    1871 - David Oliver Saylor of Allentown, PA, received a patent for American Portland cement. He perfected a process for making hydraulic cement from argillo magnesium and argillo calcareous limestone. European cement was regarded as superior and it was not until 1897 that the use of American cement exceeded the use of cement imported from Europe. It was primarily brought in from Portland, England as ballast aboard ships.
    1880 - Sarah Knauss was born Sarah DeRemer Clark (d. 1999), Hollywood, PA. She was an American supercentarian, the oldest person ever from the US and the second-oldest fully documented person ever, behind Jeanne Calmet. She was recognized as the world’s oldest living person by Guinness World Records from April 16, 1998, until her death. 

    1883 – Franklin C. Mars (d. 1934), who founded the food company Mars, was born in Hancock, MN.  Mars' son Forrest Edward developed M&Ms and the Mars bar.
    1890 – The US Mint stops minting the $1 and $3 gold coins and the 3 cent piece. 
    1890 – The Church of Jesus Christ of Latter Day Saints officially renounced polygamy.  At Brigham Young's death in 1877, he was followed by other church presidents, who resisted efforts by the Congress to outlaw Mormon polygamous marriages. In 1878, the United States Supreme Court, in Reynolds v. United States, decreed that "religious duty" to engage in plural marriage was not a valid defense to prosecutions for violating state laws against polygamy. Conflict between Mormons and the US government escalated to the point that, in 1890, Congress disincorporated the LDS Church and seized most of its assets. Soon thereafter, church president Woodruff issued this manifesto that officially suspended the practice.  Although this manifesto did not dissolve existing plural marriages, so that families would not be split apart or damaged, no new polygamous marriages would be performed. Relations with the United States markedly improved after 1890, such that Utah was admitted as a state in 1896.
    1892 - The ‘King of Marches' was introduced to the general public. John Philip Sousa and his band played the "Liberty Bell March" in Plainfield, New Jersey. Most of his compositions were written in Great Lakes, Illinois, where his Navy marching band was based.
    1896 – Francis Scott Key Fitzgerald (d. 1940) was born in St. Paul, MN.  American fiction writer, whose works illustrate the Jazz Age. While he achieved limited success in his lifetime, he is now widely regarded as one of the greatest American writers of the 20th century. Fitzgerald is considered a member of the "Lost Generation" of the 1920s. He finished four novels: “This Side of Paradise,” “The Beautiful and the Damned,” “The Great Gatsby,” and “Tender is the Night.”  A fifth, unfinished novel, “The Last Tycoon,” was published posthumously.
http://www.ffaire.com/gershwin/
    1906 – The first US national monument was declared when President Theodore Roosevelt so named Devil’s Tower in Wyoming.
    1906 – (22-24) Racial tensions in Georgia had boiled over due to fabricated stories of sexual assault, leading to the Atlanta Race Riots, further increasing racial segregation in the South.  The final death toll of the conflict is to this day unknown and disputed, but "officially" at least 25 black Americans and two confirmed white Americans died.  Unofficial reports ranged from 10 -100 black Americans and 2 white Americans killed during the riots. According to the Atlanta History Center, some black Americans were hanged from lamposts; others were shot, beaten or stabbed to death. They were pulled from street cars and attacked on the street; white mobs invaded black neighborhoods, destroying homes and businesses.  The immediate catalyst was newspaper reports of four white women raped in separate incidents, allegedly by black-American men. (None of these was ever substantiated.) Underlying causes were related to growing racial tensions in a rapidly changing city and economy, with competition for jobs, housing, and political power.
    1907 - Birthday of piano player Frank “Kansas City Frank” Melrose (d. 1941), Sumner, IL
    1908 - An ad for the Edison Phonograph appeared in "The Saturday Evening Post." The phonograph offered buyers free records by both the Democratic and Republican U.S. presidential candidates!
    1921 - Jim McKay was born James Kenneth McManus (d. 2008) in Philadelphia. McKay is best known for hosting “ABC’s Wide World of Sports” (1961–1998). His introduction for that program, “Spanning the globe to bring you the constant variety of sport... the thrill of victory... and the agony of defeat... the human drama of athletic competition... This is ABC's Wide World of Sports!”

has passed into American pop culture. He is also known for television coverage of 12 Olympic Games and is universally respected for his memorable reporting on the Munich massacre at the 1972 Summer Olympics, when he was on air for fourteen hours without a break, during a sixteen-hour broadcast.  
    1925 - Texas Governor Pat Neff pardons folksinger Leadbelly after receiving a song from the singer seeking his freedom.  Leadbelly was released after serving the minimum seven years of a 7-to-35-year sentence for killing one of his relatives in a fight over a woman.
http://www.kirjasto.sci.fi/ledbelly.htm
http://www.tsl.state.tx.us/governors/personality/neff-p01.html
http://www.lnstar.com/mall/txtrails/waco.htm

    1929 – Jimmy Doolittle performed the first blind flight from Mitchel Field, Long Island, proving that full instrument flying from takeoff to landing is possible..
    1935 – Earl and Weldon Bascom produced the first rodeo ever held outdoors under electric lights at Columbia, MS.  Earl Bascom has been honored as the "Father of Modern Rodeo" and known as an innovator and inventor.
    1936 - Denver, CO, was buried under 21.3 inches of snow, 19.4 inches of which fell in 24 hours. The heavy wet snow snapped trees and wires causing seven million dollars damage. (26th-27th)
    1936 – Jim Henson (d. 1990) was born in Greenville, MS.  Puppeteer, artist, cartoonist, inventor, screenwriter, and filmmaker who achieved international fame as the creator of the Muppets.  
http://www.tina-turner.com/
    1941 – John Mackey (d. 2011) was born in Roosevelt, NY.  After a ten-year career mostly with the Baltimore Colts with whom he won Super Bowl V, he was the first president of the NFL Players Association following the AFL-NFL merger, serving from 1970 to 1973. Mackey was also a big reason for the NFLPA to create the "88 Plan" which would financially support ex-players who required living assistance in later years.  A five-time Pro Bowler, Mackey was inducted into the Pro Football Hall of Fame in 1992, the second pure tight end elected.  He is generally regarded as one of, if not, the best tight ends ever.
    1944 - Top Hits
“I'll Walk Alone” - Dinah Shore
“Is You is or is You Ain't” - Bing Crosby & The Andrews Sisters
“I'll Be Seeing You” - Bing Crosby
“Smoke on the Water” - Red Foley
    1946 – Clark Clifford and George Elsey, military advisers to President Truman, present him with a top-secret report on the Soviet Union that first recommends the containment policy.  The Clifford-Elsey Report, solicited by the President, which detailed the numerous ways in which the Soviet Union had gone back on its various treaties and understandings with the Western powers, along with Kennan's X Article in Foreign Affairs, was instrumental in turning U.S. relations toward the Soviet Union in the direction of a harder line.
    1946 – Mean Joe Greene was born Charles Edward Greene in Temple, TX.  Played for the Pittsburgh Steelers from 1969 to 1981. A recipient of two NFL Defensive Player of the Year awards, five first-team All-Pro selections, and ten Pro Bowl appearances, Greene is widely considered one of the greatest defensive linemen to play in the NFL. He was noted for his leadership, fierce competitiveness, and intimidating style of play for which he earned his nickname.  He was the centerpiece of the "Steel Curtain" defense that led Pittsburgh to four Super Bowl championships in a six-year span. He is a member of the Pro Football Hall of Fame and the College Football Hall of Fame, and his number 75 jersey is one of only two retired by the Steelers. Greene is also well known for his appearance in the "Hey Kid, catch" Coca-Cola commercial, which aired during Super Bowl XIV and cemented his legacy as a "tough football player who's a nice guy."   
    1950 - Residents of the northeastern U.S. observed a blue sun and a blue moon, caused by forest fires in British Columbia.  The blue moon was seen as far away as the UK.
    1952 - Top Hits
“You Belong to Me” - Jo Stafford
“Wish You Were Here” - Eddie Fisher
“Half as Much” - Rosemary Clooney
“Jambalaya (On the Bayou)” - Hank Williams
    1956 - Fats Domino's "Blueberry Hill" enters the US Pop chart, where it will reach number four. 
    1956 - The mayor of Tupelo, MS declares today Elvis Presley Day in honor of its favorite son.  Among others, a young Tammy Wynette is in the audience at the concert Elvis gives later.
    1957 – President Eisenhower, under the Civil Rights Act of 1957 sent 101st Airborne Division troops to Little Rock, AR, to enforce school desegregation.
    1957 - "West Side Story" opened in at the Winter Garden Theatre, New York. The musical ran for 734 performances. The loose adaptation of William Shakespeare's "Romeo and Juliet" produced several hit songs, including "Maria" and "Tonight."
http://www.imagi-nation.com/moonstruck/albm28.html 
http://www.wsu.edu/~brians/love-in-the-arts/west.html 
http://www.westsidestory.com/
    1960 - The first of four television debates between Richard Milhous Nixon, the Republican candidate, and John Fitzgerald Kennedy, the Democratic candidate, took place today in a Chicago studio; the second on October 8 in a Washington, DC, studio; the third on October 13, with Kennedy in New York City and Nixon in Hollywood, CA; and the fourth on October 21, in a New York city studio.  Many credit his performance in these debates as a major reason for JFK’s victory in November.
    1960 - Top Hits
“My Heart Has a Mind of Its Own” - Connie Francis
“Chain Gang” - Sam Cooke
“Mr. Custer” - Larry Verne
“Alabam”- Cowboy Copas
    1960 - Connie Francis becomes the first female singer in the Rock and Roll era to have two consecutive number one singles when "My Heart Has a Mind of Its Own" went to the top of the Billboard chart. It followed "Everybody's Somebody's Fool."
        1963 - San Diego, CA, reached an all-time record high of 111 degrees. Los Angeles hit 1S09 degrees.
        1968 – CBS launched “60 Minutes.”  The program was created by Don Hewitt, who chose to set it apart from other news programs by using a unique style of reporter-centered investigation. In 2002, 60 Minutes was ranked #6 on TV Guide’s 50 Greatest TV Shows of All Time and in 2013, it was ranked #24 on TV Guide's 60 Best Series of All Time.  The New York Times has called it "one of the most esteemed news magazines on American television."
    1968 - Top Hits
“Harper Valley P.T.A.” - Jeannie C. Riley
“Hey Jude” - The Beatles
“Hush” - Deep Purple
“Mama Tried” - Merle Haggard
    1975 – “The Rocky Horror Picture Show,” starring Tim Curry, Susan Sarandon, and a young unknown singer who goes only by the name of Meat Loaf, opens in Westwood, CA. A film version of the popular off-Broadway musical hit, it is an instant flop nationwide, and is miraculously resuscitated some time later when audiences at the midnight showings in New York City begin to talk back to the screen, creating a cult phenomenon that lasts to this day.
    1976 - Top Hits
“Play That Funky Music” - Wild Cherry
“I'd Really Love to See You Tonight” - England Dan & John Ford Coley
“A Fifth of Beethoven” - Walter Murphy & The Big Apple Band
“If You've Got the Money, I've Got the Time” - Willie Nelson
    1978 - NY District Court Judge Constance Baker Motley rules that women sportswriters cannot be banned from locker rooms of professional sports teams.
    1979 - In the midst of a hot September for Death Valley, California, the afternoon high was 104 degrees for the second of three days, the coolest afternoon highs for the month.    1984 - Liz Taylor starred in the season opener of the TV soap, "Hotel." Despite incredibly biting bits from John Belushi on NBC's "Saturday Night Live" regarding her plumpness at the time, viewers were quite amazed when Ms. Taylor appeared in a gown -- with a 24-inch waistline. Definitely no more, “I followed Liz Taylor to McDonald's to watch the numbers change,” from Joan Rivers.
    1984 - Top Hits
“Missing You” - John Waite
“Let's Go Crazy” - Prince & The Revolution
“Drive” - The Cars
“Let's Chase Each Other Around the Room” - Merle Haggard
    1986 - "Dallas," on CBS-TV, smashed NBC's "Miami Vice" in the overnight ratings. The episode, from Southfork Ranch, had Bobby Ewing (Patrick Duffy) returning from the dead -- in the shower, no less! Pam Ewing (Victoria Principal) was a bit perplexed. So were the viewers. Somebody had stayed up very, very late writing this episode.    1987 - Freezing temperatures were reported in the Northern and Central Appalachians, and the Upper Ohio Valley. The morning low of 27 degrees at Concord, NH tied their record for the date. Temperatures soared into the 90s in South Dakota. Pierre, SD reported an afternoon high of 98 degrees.
    1988 - Unseasonably warm weather prevailed across Florida. Afternoon highs of 92 degrees at Apalachicola and 95 degrees at Fort Myers were records for the date 
    1988 - NYC's Rockefeller Center declared a national landmark.
    1989 - Rain spread from the southeastern states across New England overnight. Cape Hatteras, NC reported measurable rainfall for the fourteenth straight day, with 15.51 inches of rain recorded during that two-week period. Phoenix, AZ reported a record high of 108 degrees, and a record 134 days of 100 degree weather for the year. Afternoon temperatures were only in the 40s over parts of northwest Wisconsin and Upper Michigan.    1996 – Representatives of 71 nations sign the Comprehensive Nuclear-Test-Ban Treaty at the UN.  The movement for international control of nuclear weapons began in 1945.  In June 1946, the Baruch Plan was proposed before the UN Atomic Energy Commission, which called for an international system of controls on the production of atomic energy. The plan, which would serve as the basis for US nuclear policy into the 1950s, was rejected by the Soviet Union as a US ploy to cement its nuclear dominance.  They had been arguing over this ever since.   
    1996 – SF Giants’ Barry Bonds becomes the 2nd player to hit 40 home runs and steal 40 bases 
    1998 - By hitting a 462-foot blast at the Astrodome, Sammy Sosa hits #66 (and his final homer of the season) to take the lead in the HR race. Less than an hour later, however, Mark McGwire also hits his 66th in the Cardinals' 6-5 victory over the Expos to tie the Cub outfielder in the historic home run race.
    1998 - Ken Griffey, Jr. hits his league-leading 56th homer of the season and 350th of his career becoming the youngest player ever to reach the 350 mark.
    2005 – Hurricane Rita hit the United States, devastating portions of southwestern Louisiana and extreme southeastern Texas as the fourth-most intense Atlantic hurricane ever recorded and the most intense tropical cyclone ever observed in the Gulf of Mexico. Rita's storm surge inundated low-lying communities along the entire coast, worsening effects caused by Hurricane Katrina less than a month prior, such as topping the hurriedly-repaired Katrina-damaged levees at New Orleans. According to an October 25, 2005 Disaster Center report, 4,526 single-family dwellings were destroyed in Southeast Texas. Major damage was sustained by 14,256 additional single-family dwellings and another 26,211 single-family dwellings received minor damage. Mobile homes and apartments also sustained significant damage or total destruction.  In all, nine Texas counties and five Louisiana Parishes were declared disaster areas after the storm. Electric service was disrupted in some areas of both Texas and Louisiana for several weeks. Texas reported the most deaths from the hurricane, where 113 deaths were reported, 107 of which were associated with the evacuation of the Houston metropolitan area. damage totaled about $18.5 billion.  As many as 120 deaths in four U.S. states were directly related to the hurricane.
    2007 - As the result of an internet poll conducted by Marc Ecko, who owns the historic horsehide, the record-breaking 756th home run baseball belted by Barry Bonds, will be donated to the Baseball Hall of Fame branded with an asterisk. The fashion designer, who made the announcement on the 'Today' show, revealed 47% voted for the ball to be marked with another 34% voting to donate it unchanged, and 19% elected to send the special sphere into outer space. 
    2014 – UN member states agreed to a resolution aiming to prevent their citizens from joining or supporting militant groups, particularly the Islamic State, in Iraq and Syria.
    2015 – Pope Francis became the first Pope to speak to Congress, exhorting them to work together to address climate change, immigration reform and other issues that have stalled due to strong political division.