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Leasing News is a web site that posts information, news, and
entertainment for the commercial alternate financing,
bank, finance and leasing industries

Friday, February 1, 2019

Today's Leasing News Headlines

Balboa Capital on the Right End of Broker’s Reps
  and Warranties
  By Tom McCurnin, Leasing News Legal Editor
New Hires/Promotions in the Leasing Business
   and Related Industries
Leasing Industry Ads---Help Wanted
   Credit Manager/Credit Analyst/Sales Positions
CLFP Academy for Lease & Finance Professionals
    Attendance Update
Meet Leasing News Advisor
    Dale Davis
Facebook's Revenue Per User Rises Steeply
  Despite Criticism and Congressional Hearings
Marlin Reports Fourth Quarter Income $6.4 Million
    Compared to $15.9 Million Year Ago
TimePayment Announces Expansion
    of Revolving Credit Facility to $385MM
Destroyer/Everybody Knows/In the Head of the Night
Support the Girls/Let the Corpses Tan
   Film/Digital Reviews by Leasing News' Fernando Croce
Watch Dog
    Sudbury, Massachusetts  Adopt a Dog
Women in Commercial Finance Conference 2019
 March 13 - 14, 2019 New York, New York
News Briefs---
GE shares surge as much as 18%,
   the most in 9 years, after a better-than-feared quarter
Apple Shows Facebook Who Has the Power in an App Dispute
  Shut Down all Facebook Apps on Apple iPhones

Broker/Funder/Industry Lists | Features (wrilter's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
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Balboa Capital on the Right End of Broker’s Reps
and Warranties

By Tom McCurnin
Leasing News Legal Editor

This Case Demonstrates the Reps and Warranties Appropriate for a Broker

United Leasing v Balboa Capital 17-0003 (S.D. Indiana, 2017). 
Funding sources love representations and warranties, so when the deal goes bad, they can play “Pin the Tail on the Donkey.” Brokers hate representations and warranties, and when the deal goes bad, they can blame the assignee with failing to properly underwrite the deal. In the world of give and take, these are often subject to negotiation. Sometimes the funder has enormous power to demand everything; in other instances, the broker can tell the funder to take it or leave it. 

Today’s case demonstrates the concept that brokers ought not to represent and warrant much of anything, and that funding sources need to perform their own underwriting. The facts follow. 

In 2013, Balboa Capital, Costa Mesa, California, acting in its capacity as a broker, received a lease application from a Texas trucking company, Americorp, for 25 new Hyundai trailers. Frank Flores was the principal of Americorp. The funding was for $754,000.

Balboa forwarded the information to funder United Leasing, Inc. (now known as United Leasing & Finance) for its consideration. One of the documents Balboa collected and forwarded to United Leasing was a personal financial statement of Mr. Flores as of April 2013.  Balboa then booked the lease and immediately assigned it to United Leasing. The trailers were new and an inspection report was provided to United as part of the assignment. 

In 2015, Americorp had some financial difficulties and could not pay its drivers. Americorp stupidly released 16 of the 25 trailers to Mexican drivers on their promise to return them, once they were paid. The trailers ended up in Mexico.  The drivers reneged on their promise to return the trailers.  Americorp defaulted under the terms of the equipment leases in 2016.  Americorp and its guarantor filed bankruptcy.  The truth of the guarantor’s financial statement was at issue as he overstated values and understated liabilities by about $1 million.  This is one of nine assignments.  At least for Balboa’s sake, we can hope there are no stinkers in the rest of the batches of the assigned leases. 

Assignee United Leasing sued Balboa under the terms of Balboa’s representations and warranties which were split into two forms of reps and warranties: those made absolutely and those made “to the best of its knowledge.” 

Among those reps and warranties made to the best of Balboa’s knowledge was the representation: 

“(k) All written information heretofore furnished by or made available by SELLER to PURCHASER for purposes of or in connection with the Lease is true and correct in all material respects on the date as of which such information was stated or certified and remains true and correct in all material respects as of the date of transfer of the Lease to PURCHASER.

(m)  SELLER has no reason to believe nor any information submitted to it by any of the Lessees, is incomplete or untrue in any material respect.”

United alleged that Balboa breached those reps and warranties because the financial statements of the guarantor were materially false and either overstated value or understated liabilities by about $1 million dollars. United sought about $460,000 in damages. 

The obvious problem was, of course, that the representation was made “to the best of its knowledge.” Either Assignee United Leasing missed that introductory sentence or it was trying to pluck representations out of context. 

In response to the lawsuit, Balboa filed a terse motion to dismiss which, of course, attached the assignment and pointed out the obvious defect—United had to allege actual knowledge of the fraudulent financials of the guarantor to maintain this lawsuit. 

The court agreed with Balboa that the representations were only made “to the best of its knowledge” and without the allegation that Balboa actually knew the financials were false, Assignee United Leasing could not maintain its suit against Balboa. The Court gave United Leasing a lifeline, stating that it could amend the suit to alleged actual knowledge but United Leasing passed on that opportunity and the case was dismissed. No attorney fees were awarded to Balboa. The broker assignor won, the funder assignee lost. 

What are the takeaways here? 

• First, Brokers Must Absolute Represent and Warrant Some Things. Assuming the broker obtained the signature of the lessee and filed the UCC-1 financing statements, a broker must rep and warrant the signatures on the lease and the fact that the security interest is in first position. Beyond that, there is little need for a broker to represent and warrant much else.

• Second, Brokers Need Not Represent and Warrant Accurate Financials to the Funder. Typically, brokers do not investigate or underwrite the financials other than in a cursory manner. Usually, they’ll look at the financials and do a preliminary score, and then package them in a way which suits the appetite of the funder. It is up to the funding source to do its own credit investigation of the financials. 

• Third, The Funding Source is Primarily Responsible for Underwriting the Transaction. This was a sizeable transaction. The guarantor listed net worth for $3 million dollars, centered mainly in real estate and equipment. The guarantor only listed a handful of loans for $60,000. I find it hard to believe that financial statement on its face and I conclude that United Leasing did not do a very good job at underwriting this deal. 

The bottom line to this case is that underscores the nature of brokers’ representations and warranties. Some are absolute (signature and priority) and some should only be made to the best of the assignor’s knowledge (financials). In this instance, Assignor Balboa was spot on with its responsibilities and Assignee United Leasing failed to adequately underwrite this deal. 

United Balboa Suite (46 pages)
United Balboa Suit Order  (9 pages)
United Balboa Suite Opposition  (8 pages)

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Visit our web site at
Previous Tom McCurnin Articles:

Previous Tom McCurnin Articles:



New Hires/Promotions in the Leasing Business
and Related Industries


Nicholas Careno was hired as Vice President, Sales, Ascentium Capital, Kingwood, Texas.  He is located in the Greater Boston Area.  Previously, he was Vice President, Leasing, Standard Capital Corporation (September, 2015 - January, 2018); He joined People's United Equipment Finance Corp., August, 2013, as Vice President, Business Banking, and was promoted June, 2014 to Vice President, Leasing. Previously, he was Sr. Business Banking Officer, Sovereign Bank (June, 2012 – August, 2013); Senior Account Executive, Harbour Capital Corporation (December, 2006 – April, 2012). Education: Southern New Hampshire University, Bachelor's degree, Psychology, Business (1999 – 2003). Dover High School (1994 – 1998).

Jacob "Jake" Cutler, CLFP, was hired as Vice President of Business Development, NFS Leasing, Beverly, Massachusetts. He is located in the Greater New York City Area.  Previously, he was Senior Vendor Relationship Manager, Diversified Capital Credit Corp. (May, 2014 - December, 2018); Senior Vendor Relationship Manager, Health Care Equipment Funding (May, 2014 - December, 2018); European Business Development Consultant, Commonwealth Bank of Australia (Equigroup Ltd) (August, 2012 - May, 2014); IT Vendor Finance, Relationship Manager Syscap (July, 2010 - August, 2012); Account Manager, Asset Finance and Leasing, Halo Corporate Finance (September, 2007 - March 2009). Education: Brandeis University, Graduate Professional Studies.  Masters in Digital Innovation (FinTech).  Northeastern University, BSc, Business, Psychology (1997 - 2000).

Andy Falcone was hired as Director, Rail Asset Finance, BMO Harris Bank, Greater Boston Area. Previously, he was Director, North American Rail, Key Equipment Finance (March, 2013 - April, 2018). Prior, he was at BTMU Capital Corporation, starting November, 1994; promoted March, 2002, Managing Director; Regional Sales Representative, Gould Shawmut, Inc (July, 1986 - August, 1991). Community Service: Volunteer: Mentor, Yearup (April, 2016 - Present.) Education: Boston University, School of Management. Master of Business Administration (1991 - 1993). Dual Concentration in Finance and Marketing. Providence College, Bachelor of Arts, Economics (1982 - 1986). Activities and Societies: Varsity Golf Team (1982 - 1986), Captain (1985 - 1986): Big East Individual Champion, 1985; Division One Honorable Mention, All American, 1985.  Stain Thomas Aquinas HS (1980 - 1982).

Laura Findley was hired as Regional Sales Manager, Wells Fargo, Austin, Texas. Previously, she was Financial Sales Manager, Wells Fargo Vendor Financial Services, LLC (March, 2015 - December, 2018); Financial Service Manager, GE Capital (August, 1995 - February, 2016).

Suzette Flot was promoted to Credit & Syndication Manager, K2 Capital Group, Lafayette, Colorado.  She joined the firm as Credit Manager, March, 2017.  Previously, she was Credit Manager, App Only, Creekridge Capital (acquired by Hitachi Capital in June of 2016) (January, 2006 - March, 2017); Senior Credit Analyst, U.S. Bank (May, 2003 - July, 2005); Credit Analyst, CNH Industrial Capital (June, 1998 - May, 2003).  Education: Minnesota State University, Mankato. Bachelor of Science (B.S.), Marketing (1994 - 1998).

Clinton Fuerstenberg was promoted to Associate Lease Executive, Data Sales Co., Burnsville, Minnesota.  He joined the company September, 2016, Business Development Representative.  Previously, he joined SMS Systems Maintenance Services as Business Development Representative, August, 2013; promoted January, 2015, Inside Account Manager.  Business Development Representative, Infor (December, 2011 - July, 2013); Sales, Family Heritage (April, 2011 - November, 2011); Program Manager, Rasmussen College (July, 2010 - March, 2011); Field Sales Manager, Sales, Southwestern Advantage (May, 2004 - August, 2009).  Education: South Dakota State University, BS, Broadcast Journalism (2003 - 2008).

Brent Gaston was hired as Regional Sales Manager, Sprout Funding, Atlanta, Georgia.  Previously, he was Director of Sales and Business Development, Jet Capital (August, 2016 - December, 2018); Operations Manager, AdvanceMe, Inc. (November, 2004 - May, 2016).  Education: The Art Institutes (2005 - 2007).

Kristi Gorrell was hired as Account Executive, Blue Street Capital, Huntington Beach, California. Previously she was an Equipment Lease Finance Specialist, Numerica Capital Group (Formerly Prolease) (March 2001 - December, 2018); Equipment Lease Finance Specialist, Signature Financial Group (May 1995 - March, 2001); Title Representative, First American Title (1993 - April, 1995); Sales Rep, R.S. Hughes (June, 1992 - September, 1993). Community Service: Volunteer: VP Membership MVMS, Mesa View Middle School (August, 2013 - June, 2015). VP of Merchandise, Yucaipa Thunderbirds.  Education: California State University, San Bernardino. Bachelor of Applied Science (B.A.Sc.) (1988 - 1992). Activities and Societies: Alpha Phi.

Christina Manall was hired as Senior Sales Executive, Commercial Industrial Finance, CI Finance, Baltimore, Maryland. Previously, she was Account Manager, Affiliate Channel Vendor Development, August, 2017;  Senior Account Executive, Lease Corporation of America (November, 2016 - August, 2017); Director of National Accounts, Navitas Lease Corp. (August, 2014 - November, 2016); Regional Account Manager, Creekridge Capital (November, 2012 - August, 2014); Business Development Manager, Marlin Leasing) (September, 2010 - November, 2012); Sales Manager, AT&T Mobility (August, 2006 - September, 2010).

Paul E. Martin was transitioned to a full-time position with Rise Line Business Credit, Dallas, Texas, as Senior Managing Director of Credit. "Since inception, Mr. Martin has worked closely with the Rise Line’s credit department and executive team." He is located in La Quinta, California. Previously, he was EVP and Chief Credit Officer, NewStar Business Credit (November, 2010 - October, 2013); EVP & CCO, Core Business Credit (October, 2007 - October, 2011); Chief Risk Officer, First Horizon Home Loans (May, 2003 - September, 2007); Chief Credit Officer, HSBC Bank US (June, 1986- June, 2002).  Education: Babson College.  MBA, Finance and Investments (1973- 1975).

Meghan McComas was hired as Business Development Manager, Transportation Division, ENGS Commercial Credit, Itasca, Illinois.  She is located in the Greater Chicago area.  Previously, she was at Ryder Systems, Inc, starting November, 2014, Business Development Manager, Greater Los Angeles Area; May, 2016, promoted to Business Development, Greater Chicago Area. Lease Account Manager, Veolocity Truck Rental & Leasing (May, 2014 - November, 2014).
She began her career at Ryder Systems, starting December, 2011, Rental Management Trainee; promoted April, 2013, Rental Account Manager. Education: St. Norbert College, BBA, Business Administration, Spanish (2007 -2011). Activities and Societies: Students in Free Enterprise , Independent Women's Social/Service Organization, Volleyball and Basketball Youth Coach, Intramurals.  Universidad de Antonioa de Nebrija. Spanish Studies, Language, Art/History, Linguistics (2010).

Andrew Mellon was hired as Relationship Support Manager, Hanmi Bank, Irvine, California.  Previously, he was Regional Sales Manager, Ascentium Capital (May, 2018 - January 2019); Equipment Finance, SCM Group Corporate (February, 2017 - February, 2018). He joined Balboa Capital as Account Manager, Vendor Services October, 2013; promoted October, 2016, Sales Manager, Vendor Services Group. Prior, he was at Frontline Selling, starting January, 2012, as Demand Creation Executive; promoted October, 2012, Research Market Analyst;  Equipment Finance Intern, SCM Finance, May, 2009 - August, 2011). Education: Georgia Perimeter College, 2010 - 2012).

Jill Miller, CLFP, was hired as Vice President, Marketing, Liberty Commercial Finance, Yorba Linda, California. She remains as Adjunct Professor, California Professor, California State Polytechnic University, Pomona (March, 2017 - Present) and Co-Founder, Marketing Design Mix (January, 2014 - Present). Previously, she was Marketing Director, Regents Capital Corporation (October, 2016 - July, 2017); Marketing Director, Nexseer Capital (January, 2014 - October, 2016); Program Manager, Digital Content, Automobile Club of Southern California (August, 2012 - January, 2014); Online Marketing Director, Applied Information Concepts (September, 2010 - August, 2012); Marketing and Communications Director, International Student Volunteers (July, 2009 - September, 2000); Professor Assistant, California State Polytechnic University, Pomona (December, 2007 - June, 2009);
Creative Director/ Product Marketing Consultant, Hewlett-Packard (2003 - 2007); Author, Random House (2001 - 2006); Owner/Principle, Marketing Consultant Scrapbook Styles (1998 - 2003).  Community Service: Volunteer: Builder, Habitat for Humanity International (2007 -2008).  Education: California State Polytechnic University, Pomona. MBA, Marketing, 3.6 GPA. California State University, Fullerton, BA Fine Art/Graphic Design, 3.8 GPA (1983 - 1985).

Ryan Post was hired as Global Credit Management, John Deere, Des Moines, Iowa.  He previously was Senior Credit Underwriter, DLL (February, 2015 - December, 2018); Financial Planning and Analysis, GE Healthcare (January, 2013 - July, 2013); Credit Analyst, Farmers State Bank (August, 2011 - December, 2012); Financial Representative, Northwestern Mutual (May, 2011 - August, 2011). Languages: English. German.  Education: University of Northern Iowa, Bachelor of Arts (B.A.) Finance (2009 - 2012).  Activities and Societies: Financial Management Association.  Investments Club.  North Iowa Area Community College. Associate of Business, Business Administration and Management, General (2008 - 2009).



Leasing Industry Help Wanted

Credit Analyst
Norwalk, Ct.
Remote Location Considered

2 Years Min. Experience

Collateral knowledge of over-the-road trucking assets, construction equipment, material handling,
vocational units and machine tools is desired

Call Maria Borges-Lopez: (203) 354-6090 or e-mail
your resume to

Please click
for more information
Providing small-ticket equipment financing for businesses across the country through our dedicated referral source network






CLFP Academy for Lease & Finance Professionals
Attendance Update

Thursday, February 07, 2019
Start: 8:00(PST)  End: Sat., February 09, 2019 4:00pm (PST)
Location: Hosted by Financial Pacific Leasing, In. 3455 S.
344TH Way, Federal Way, WA 98001
Spaces Left: 7
Registered: 18 registrants

Hotel recommendations:
Marriott Courtyard – Federal Way, WA

Hilton Hampton Inn – Federal Way, WA

Thursday, March 21, 2019
Albany, Minnesota
Start: 8:00 AM (CDT) End: Sat. March 23, 2019 4:00pm
Location: Hosted by Stearns Bank,  500 13th Street
Albany, Minnesota 56307
Registered: For Sterns Employees only.
(Note: You can reserve the academy for your company/bank employees)

Wednesday, April 10, 2019
Portland, Oregon
Hosted by U.S. Bank Equipment Finance
Start: 8:00AM (PDT) End Fri, April 12, 2019 4pm (PDT)
Location: TBD
Spaces Left: 30
Registered: Be the first

Hotel Recommendations:
To be determined

Thursday, April 18, 2019
Saint Cloud, Minnesota
Co-Hosted by Northland Capital/Oakmont Capital Services, LLC
Start: 8:00AM (UTC-06:00  End: Saturday 5:00pm (UTC: 06:00)
333 33rd Avenue South, Suite 100
 Saint Cloud, MN 54201
Spaces Left: 4
Registered: 11 Registrants

Hotel Recommendations:
Fairfield Inn & Suites
Holiday Inn & Suites
Homewood Suites by Hilton 

Thursday, May 9, 2019
Irvine, California
Start: 8:00AM (PDT) End: Sat, May 11, 2019 (PDT)
Hosted by Wintrust Specialty Finance
2050 Main Street, Suite 230
Irvine, California
Spaces Left: 15
Registered: 5 registrants

Hotel recommendation:
Marriott - Irvine 
18000 Von Karman Ave.; Irvine, CA 92614
Hotel Irvine (shuttle available to class)
17900 Jamboree Road; Irvine, CA 92614
Wyndham Irvine - Orange County Airport (shuttle available to class)
17941 Von Karman Ave.

Thursday, May 9, 2019
Chicago, Illinois
Start: 8:00 AM (CDT) End: May 11, 2019 
Location: 3400 Dundee Rd, Suite 330
Northbrook, Illinois 60062
Hosted by: ECS Financial Services, Illinois
Spaces Left: 21
Register: 1

Hotel Recommendation:
Marriott Courtyard Chicago-Deerfield: 
Thursday, November 14, 2019
Philadelphia, Pennsylvania
Start: 8:00Am (EST) End: Sat, Nov. 16, 2019 4:00PM (EST)
Hosted by: Odessa
Location: Two Liberty Place, 50 2 16th Street
(Held on the 3rd floor in Multi-Purpose Room #1)
Philadelphia, Pennsylvania 19103

Spaces left: 25
Registered: Be the first

Hotels (with Odessa corporate rate):

The Windsor Suite, 1700 Benjamin Franklin Pkwy, Philadelphia, PA 19103
Corporate Rate of $149/night
For reservations call (215) 207-9942 or email and let them know you would like the Odessa Technologies, Inc. rate.
Cambria Hotel & Suites - Philadelphia Downtown Center City, 219 S. Broad Street, Philadelphia, PA 19107
Corporate Rate of $149/night
For reservations: Call the Cambria hotel and Suites at 800-4CHOICE or the hotel directly at 215-732-5500 and ask for the Odessa Technologies, Inc. rate.
Book directly online at and use the code LODESS

Recommended Hotels (without corporate rate):
The Westin, 99 South 17th Street at Liberty Place, Philadelphia, PA 19103
(215) 563-1600

Club Quarters, 1628 Chestnut St (at 17th Street), Philadelphia, PA 19103
(215) 282-5000

Dress code:
Business casual - jeans okay!
For more information, call Executive Director Reid Raykovich, CLFP at (206) 535-6281 or Sandy Vigilia, Executive Administrator (206) 535 – 6281. Visit http://www.CLFPFoundation



Leasing News Advisor
Dale Davis

Dale R. Davis
Endeavor Financial Services
(877) 727-4327, ext. 207
(877) 337-3227

Dale joined the Leasing News Advisor Board on January 26, 2007. He has been active in the vehicle and equipment leasing business since 1978.

Dale was the President of the National Vehicle Leasing Association (NVLA) in 2005-2006. He was presented with the association’s Lifetime Achievement award in 2007.

Dale is a contributing author to “Foundations of Leasing", an industry publication. He is also active with local community groups and the Make-A-Wish Foundation.

Dale is married and has four children.


Defying all critics saying Facebook is nothing but a hotbed for misinformation, data abuse and hate speech, the company finished the year off strongly, beating analyst expectations across the board in its fourth quarter earnings report on Wednesday. The company netted $16.91 billion in revenue in the three months ending December 31, beating its previous record by more than $3 billion.

And while Facebook’s user base certainly isn’t growing as quickly as it used to, there are no signs of a “mass exodus” that many experts had predicted after last year’s scandals surrounding Cambridge Analytica, Russian bots etc. The world’s largest social network now has 2.32 billion monthly active users, of which a stable two thirds, or 1.52 billion people, access the platform every day.

The latest jump in revenue can mainly be attributed to the fact that the company generates more and more revenue per user. In the past quarter, global average revenue per user amounted to $7.37, which is more than five times the per-user haul of the same period in 2011. There is a limit to how much money Facebook can squeeze out of its users however and during yesterday's earnings call, the company's CFO David Wehner warned that ad revenue will probably grow slower throughout 2019 as people's news feeds are already at their limit in terms of ad load and usage is shifting towards stories, which aren't monetized as effectively yet.

By Felix Richter, Data Journalist, Statista


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

Marlin Reports Fourth Quarter Income $6.4 Million
Compared to $15.9 Million Year Ago

Marlin Business Services reports Fourth Quarter "Net income of $6.4 million, or $0.51 per diluted share down from $15.9 million, or $1.27 per diluted share a year ago

Company Reports: "For the year ended December 31, 2018, net income was $25.0 million, or $2.00 per diluted share, down from $25.3 million, or $2.01 per diluted share, in  2017.  For  the  year  ended  December  31,  2018,  adjusted  net  income  increased  34.9%  to  $25.4  million,  or  $2.04  per  diluted  share,  compared  with  $18.9 million, or $1.50 per diluted share, in the prior year.

Commenting  on  the  Company’s  results,  Jeffrey  A.  Hilzinger,  Marlin’s  President  and  CEO,  said, “We  completed  the  year  with  a  strong  fourth quarter driven by solid origination volume that led to Net Investment in Leases and Loans reaching a record level and excellent year over year growth  in  adjusted  net  income.  Fourth  quarter  Total  Sourced  Origination  volume  was  $216.3  million  compared  with  $186.5  million  last  year,  resulting in a year over ear improvement of 15.9%. This increase included strong growth from both our Equipment Finance and Working Capital Loan products as well as from our Direct origination channel. In addition, as part of Marlin s capital markets initiatives, we referred or sold $62.6 million of leases and loans. Due to these origination and capital markets activities, our Net Investment in Leases and Loans increased 9.4% from a
year  ago  and  surpassed  the  $1  billion  milestone  for  the  first  time  in  Company  history,  and  total  managed  assets  grew  to  nearly  $1.2  billion,  an  increase of 17.8% from a year ago. At the bottom line, adjusted earnings expanded sharply on a year over year basis for both the fourth quarter and full year.”

Mr.  Hilzinger  concluded, “While  overall  asset  quality  of  our  portfolio  remains  strong,  charge offs  during  the  fourth  quarter  were  elevated  due primarily to fraudulent activity perpetrated by a single vendor. Charge  offs in the fourth quarter associated with fraud by this vendor totaled $1.2 

Exhibit Number Description 99.1 Press Release issued by Marlin Business Services Corp. on January 31, 2019 in connection with Item 2.02. Section 2: EX

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



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

TimePayment Announces Expansion
of Revolving Credit Facility to $385MM

Credit agreement extended four years
 by existing bank syndicate matures at the end of 2022

BURLINGTON, Mass.– TimePayment, an award-winning FinTech company is pleased to announce the expansion of its revolving credit facility to $385 million inclusive of a $50 million accordion. TimePayment is committed to continually improving program flexibility and value to its vendors and partners. With this expansion, the maturity was extended four years to December 21, 2022. 

Robert K. Moskovitz Chief Financial and Administrative Officer at TimePayment, said, “This credit facility provides TimePayment with a stable, flexible and efficient source of funding to meet the business’s ongoing capital needs.

 “We appreciate the continued support of our bank group, this will allow us to continue building our portfolio and meet the needs of our vendor partners and their customers.”
 About TimePayment

TimePayment, a Boston-based FinTech company owned by affiliates of Fortress Investment Group, a leading, highly diversified global investment manager.  Fortress is owned by SoftBank Group Corp. (TOKYO: 9984), a global technology investor focused on advancing the Information Revolution by forming long-term partnerships with the most superior companies in the information industry. TimePayment leads the industry with technology tools and capital that enables equipment sellers and financial intermediaries to offer fast, paperless equipment lease financing to their customers. The company’s proprietary credit scoring and risk-based transaction model delivers competitive lease financing solutions across the credit spectrum; from Fortune 500 companies to small business start-ups. TimePayment proudly serves more than 100,000 active accounts with transaction sizes ranging from $500 to over $500,000. Learn more at

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


Fernando's View
By Fernando F. Croce

A brooding drama (“Destroyer”) and a poignant mystery (“Everybody Knows”) come to theaters, while DVD releases offer breezy comedy (“Support the Girls”), hallucinatory thriller (“Let the Corpses Tan”), and a vintage Oscar-winner (“In the Heat of the Night”).

In theaters:

Destroyer (Annapurna Pictures): Nicole Kidman delivers a strong performance in this broodingly grim drama, directed by tough-girl specialist Karyn Kusama (“Girlfight”). Kidman stars as Erin Bell, a police detective making the rounds of the shadiest parts of Los Angeles. Her latest assignment puts her on the trail of a gang leader, who she tracks down by making her way through his underworld cohorts. As she continues obsessively, flashbacks reveal an old secret involving stolen money and a relationship with her former partner (Sebastian Stan). Combining guilt and hunger for revenge, Erin soon finds herself running out of time as her stern exterior begins to unravel. With a hard-boiled surface and a tragic center, Kusama’s character study provides Kidman with a tough, glamour-free showcase simmering with bleary fury.

Everybody Knows (Focus Features): Biting melodrama is the specialty of Oscar-winning Iranian director Asghar Farhadi (“A Separation”), and he offers another cogent look at human relationships in this mystery-tinged tale. Returning to her hometown of Madrid to celebrate her sister’s wedding, Laura (Penelope Cruz) reconnects with a former flame, Paco (Javier Bardem). When her daughter Irene (Carla Campra) vanishes, however, the joyful mood soon becomes dour. The search exposes a welter of familial tensions, which is only exacerbated by the arrival from Buenos Aires of Alejandro (Ricardo Darin), who turns out to be Laura’s husband. Using his ensemble of characters to examine cracks in the community, Farhadi’s film is a poignant and layered look into the unknown corners people don’t dare to admit even to themselves. With subtitles.

Nextflix: Always an earthy and believable presence, Verna Bloom (1938-2019) graced films by such respected directors as Clint Eastwood and Martin Scorsese. So check out Netflix for her best movies, which include “Medium Cool” (1969), “High Plains Drifter” (1973), “Animal House” (1978) and “The Last Temptation of Christ” (1988).


Support the Girls (Magnolia Pictures): A driving force in the micro-budget indie scene, filmmaker Andrew Bujalski (“Computer Chess”) directs his most appealing film yet with this breezy, thoughtful comedy, which takes place in a modest Texas sports bar called Double Whammies. Running the place is Lisa (Regina Hall, in a terrific performance), who has to deal with an obnoxious boss while playing mother-hen to a group of waitresses and juggling her own personal troubles. Over the course of a complication-filled day, Lisa struggles to maintain an optimistic front in the face of clueless trainees and piggish customers. Fortunately for her, she can count on her working-class colleagues, and the film is at its strongest in depicting the bond between women in unsavory situations. Tough-minded and tender, Bujalski’s film is an empathetic gem.

Let the Corpses Tan (Kino Lorber): Following “Amer” and “The Strange Color of Your Body’s Tears,” the French filmmaking duo of Helene Cattet and Bruno Forzani further cement their niche as delirious pastiche specialists with this leather-bound thriller. Set on the Corsican coast, the story follows the effects of a lethal roadside heist, which results in a golden loot and a group of untrustworthy criminals. Among them is Luce (Elina Lowensohn), a painter whose house provides a hideout to the accomplices. As usual with Cattet and Forzani, however, the plot is just a clothesline onto which they pin a procession of visceral, highly memorable images, which turn expressionistic with the blink of an eye. Closer to western iconography than their previous forays into horror, the film is hallucinatory fun. With subtitles.

In the Heat of the Night (Criterion): A multiple Oscar winner in the divided Hollywood of 1967, this classic thriller gets a new coat of paint in this robust Criterion reissue. Set in the tense, prejudiced Deep South, the story is a crime drama that brings together a pair of very different lawmen, black homicide detective Virgil Tibbs (Sidney Poitier) and white police chief Bill Gillespie (Best Actor winner Rod Steiger). The former’s dignity and the latter’s crudeness are an odd match, yet they learn to put aside their differences to work together and solve a murder involving a prominent businessman. Working with a tight screenplay and brilliant actors, director Norman Jewison keeps the suspense robust and adds some humor to the serious-minded story. Quincy Jones provides the stirring score.





Sudbury, Massachusetts  Adopt a Dog

1 Year Old
50 lbs.
Fee: $425.00

"Panda has practiced a long time at being a perfect boy and is more than ready for a forever home! He is very loving despite having a lonely start to his life, spending several months in a rural southern kennel with little attention. He is a bit shy at first, but just needs a little TLC to learn that he is safe and welcome. He loves to play with other dogs and would love to have regular doggie friends in his new home. Panda is 1 year old and 50lbs."

Dogs & Puppies
Health examination
Heartworm Disease Test
Heartworm Preventive (year round)
Distemper Combo Vaccination (with Lepto)
Rabies Vaccination (3 months & older)
Spaying/Neutering (4 months & older)
Fecal Exam & Worming
Flea & Tick Treatment
Complimentary Leash & Collar
Complimentary Food Sample

Buddy Dog Humane Society, Inc.
151 Boston Post Road
Sudbury, Massachusetts

Hours of Operation
Monday: CLOSED
Tuesday: 12:00pm - 8:00pm
Wednesday: 12:00pm - 5:00pm
Thursday: 12:00pm - 8:00pm
Friday: 12:00pm - 5:00pm
Saturday: 12:00pm - 5:00pm
Sunday: 12:00pm - 5:00pm

Adopt a Pet


"Make Your Mark"

The CFA Women in Commercial Finance Committee is proud to present an in-depth conference offering a dynamic combination of networking and professional development. This half-day conference will bring together some of our industry’s leading female executives and other professionals to offer their insights and tips on navigating issues faced in today’s work environment, providing women in commercial finance with the tools to "make your mark." Registration includes a special reception the evening of March 13 at the offices of Paul Hastings in NYC. Space is limited – sign-up today!

This year's event takes place on the day of the National Jewish Health Financial Industries Dinner. Our Fintech and Innovation Forum on March 13 will include a panel on Women in FinTech, comprising female Chief Officers in the FinTech world and moderated by futurist Deborah Reuben.

Our keynote speaker this year is Dr. Sharon Melnick, global authority on women’s next level success and Founder of the Next Level Leader initiative. Informed by 10 years of psychology research at Harvard Medical School, Dr. Melnick's methods have transformed 22,000 trainees at 30 Fortune 500 companies (including 8 in the Financial Services sector) and 150 conferences (she has even presented at the White House and the United Nations). She equips smart and busy women with strategies to stay calm, confident, and powerful to sustain themselves as they increase the value of their contribution. Discover more at

Fee: $225 per person
Wednesday, March 13
5:30 pm - 7:30 pm
Opening Reception

Thursday, March 14
8:00 am - 9:00 am
Continental Breakfast
9:00 am - 10:30 am
Keynote speaker Dr. Sharon Melnick "Women & Power in the Workforce"
10:45 am - 12:00 pm
Panel Sessions:
Session 1 "On Your Mark, Get Set, Get Promoted "
This  interactive panel will explore and provide tips on what it takes to obtain that next promotion or next career step. Discussion topics will include mentoring, networking, visibility and making your voice heard.

Session 2 "Now That I Am Here, What Is Next?"
Our esteemed panel will offer insights on real life challenges faced by women in senior roles and offer tools to leverage your success to a top leadership position.

12:00 pm - 1:15 pm
Networking lunch

1:15 pm - 2:30 pm
Negotiating Tactics

Closing remarks



News Briefs----

GE shares surge as much as 18%,
the most in 9 years, after a better-than-feared quarter  

Apple Shows Facebook Who Has the Power in an App Dispute
  Shut Down all Facebook Apps on Apple iPhones


You May Have Missed---

From a Chicago deli to the Super Bowl:
 How two brothers built a food industry powerhouse


Blow, Blow, Thou Winter Wind

Blow, blow, thou winter wind 
Thou art not so unkind 
As man's ingratitude; 
Thy tooth is not so keen, 
Because thou art not seen, 
Although thy breath be rude.
Heigh-ho! sing, heigh-ho! unto the green holly: 
Most friendship if feigning, most loving mere folly: 
Then heigh-ho, the holly! 
This life is most jolly.
Freeze, freeze thou bitter sky, 
That does not bite so nigh 
As benefits forgot: 
Though thou the waters warp, 
Thy sting is not so sharp 
As a friend remembered not. 
Heigh-ho! sing, heigh-ho! unto the green holly: 
Most friendship if feigning, most loving mere folly: 
Then heigh-ho, the holly! 
This life is most jolly.

William Shakespeare



Sports Briefs---

Super Bowl cola wars: Pepsi statue offers truce in Coke country

The art of football
Charles Fazzino, who designs Super Bowl posters, to appear in Atlanta

McVay to McVay: How ex-49ers executive with
    5 Super Bowl rings connects to Rams coach

Josh Norman: Redskins Would Have Won Super Bowl with Alex Smith

Bucher: Jason Kidd Could Succeed Luke Walton as Lakers Head Coach


California Nuts Briefs---

California snowpack at 100 percent of average
   as January ends, state officials say

Downtown San Jose development boom seen:
Real Estate experts could add 50,000 jobs in downtown San Jose 

It could take years for Joshua Tree to recover
  from damage caused during shutdown




“Gimme that Wine”

Cabernet Sauvignon, Pinot Noir and Chardonnay
   Dominate Nursery Shipments

US wine shipments increase in 2018,
  the 24th year of annual sales growth

Why don't we recycle more wine bottles?

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in History

      1788 – The Georgia legislature awarded Augusta inventor William Longstreet and his associate Isaac Briggs a patent for a steam engine, the first U.S. steamboat patent.
    1790 - The Supreme Court of the United States met for the first time in New York City with Chief Justice John Jay presiding.
    1859 - Considered one of America's greatest composers, Victor Herbert (d. 1924), was born in Dublin, Ireland.
    1860 - The first Rabbi to open the House of Representatives with prayer was Rabbi Morris Jacob Raphall, rabbi of Congregation B'nai Jeshurn, New York City, who delivered the invocation at the first session of the 36th Congress.
    1860 - Decree from Norton I, Emperor of the United States & Protector of Mexico, orders representatives of the different states to assemble at Platt's Music Hall in San Francisco to change laws to ameliorate the evils under which the country is laboring.
    1861 - Texas seceded from the Union and joined the Confederate States of America.
    1862 – “Battle Hymn of the Republic,” written by Julia Ward Howe, was first published in the Atlantic Monthly. The song's music was inspired by the song "John Brown's Body." Howe just wrote new words for the existing music.
    1865 - President Abraham Lincoln signed into law the 13th Amendment to the US Constitution abolishing slavery: "1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation." The amendment had been proposed by the Congress Jan 31, 1865; ratification was completed Dec 6, 1865.
    1865 - The first African-American lawyer admitted to practice before the Supreme Court was John S. Rock.  His admittance was moved by Senator Charles Sumner of Massachusetts. Chief Justice Salmon Portland Chase presided. It would be the last triumphant act in a life overflowing with achievement, for Rock died suddenly on December 3, 1866. He was interred at the Twelfth Baptist Church and buried with full Masonic honors at Woodlawn Cemetery in Everett, MA.
    1878 - Hattie Wyatt Caraway (d. 1950) was born at Bakersville, TN.  She became a US senator from Arkansas when her husband died in 1931 and she was appointed to fill out his term. The following year, she ran for the seat herself and became the first woman elected to the US Senate. She served 14 years there, becoming an adept and tireless legislator (once introducing 43 bills on the same day) who worked for women's rights (once co-sponsoring an equal rights amendment), supported New Deal policies as well as Prohibition and opposed the increasing influence of lobbyists.
    1887 - Harvey Wilcox subdivided 120 acres he owned in Southern California and started selling it off as a real estate development.  He and his wife owned a ranch west of LA that they founded together.  It was in an agricultural area of fig and apricot orchards. Harvey tried his hand at raising fruit, but failed and decided to subdivide the land, selling lots for $1,000 each. His wife named the tract "Hollywood." On February 1, 1887, Harvey filed a plat of the subdivision with the Los Angeles County Recorder's office. He would also develop residential property, "The University Tract," surrounding the newly built University of Southern California in 1887.
    1893 - The first moving picture studio was built at Thomas Edison's laboratory compound at West Orange, NJ, at a cost of less than $700. The wooden structure of irregular oblong shape was covered with black tar paper. It had a sharply sloping roof hinged at one edge so that half of it could be raised to admit sunlight. Fifty feet in length, it was mounted on a pivot enabling it to be swung around to follow the changing position of the sun. There was a stage draped in black at one end of the room. Though the structure was officially called a Kinetographic Theater, it was nicknamed the "Black Maria" because it resembled an old-fashioned police wagon.
    1894 - Birthday of rag time pianist/composer James P. Johnson (d. 1955), New Brunswick, NJ.
    1895 - Film director John Ford (d. 1973) was born at Cape Elizabeth, ME, as Sean Aloysius O'Feeney.  He changed his name after moving to Hollywood. Ford won his first Academy Award in 1935 for “The Informer.” Among his many other films: “Stagecoach,” “Young Mr. Lincoln,” “The Grapes of Wrath,” “How Green Was My Valley,” “Rio Grande,” “What Price Glory?” and “Mister Roberts.” During World War II, he served as chief of the Field Photographic Branch of the OSS. Two documentaries made during the war earned him Academy Awards.
    1898 - Travelers Insurance Company issued the first car insurance against accidents with horses.
    1901 - Actor Clark Gable (d. 1960) was born at Cadiz, OH. His first film was “The Painted Desert” in 1931, when talking films were replacing silent films. He won an Academy Award for his role in the comedy “It Happened One Night,” which established him as a romantic screen idol. Other films included “China Seas,” “Mutiny on the Bounty,” “Saratoga,” “Run Silent Run Deep” and “Gone with the Wind,” for which his casting as Rhett Butler seemed a foregone conclusion due to his popularity as the acknowledged "King of Movies." Gable died Nov 16, 1960, at Hollywood, CA, shortly after completing his last film, Arthur Miller's “The Misfits,” in which he starred with Marilyn Monroe.
    1902 - Birthday of Langston Hughes (d. 1967) at Joplin, MO.  African American poet and author.  Among his works are the poetry collection “Montage of a Dream Deferred,” plays, a novel and short stories.
What happens to a dream deferred?
Does it dry up
like a raisin in the sun?
Or fester like a sore--
and then run?
Does it stink like rotten meat?
Or crust and sugar over—
like a syrupy sweet?
Maybe it just sags
like a heavy load
Or does it just explode?
— Langston Hughes, "Dream Deferred"
(lower part of )
    1906 - First federal penitentiary building completed, Leavenworth KS. The penitentiary is the largest maximum-security prison in the United States, housing more than 2,200 inmates.  Famous inmates over the years included Al Capone, Machine Gun Kelly, and Robert Stroud – the famous “Birdman of Alcatraz.”  Actually, Stroud's bird work began at Leavenworth, where he served 28 years before being transferred to Alcatraz. The Immanuel Church, located on the grounds, was made famous in Ripley's Believe it or Not as the only church in which Protestant and Catholic services were conducted simultaneously.
    1911 - Thomas Jennings was found guilty and sentenced to death for the murder of Clarence B. Hiller. He was convicted because of his fingerprints and is the first to be found guilty on the basis of fingerprint evidence. The Illinois Supreme Court rule that fingerprints were admissible evidence.  Hiller was hanged for his crime.
    1913 – Jim Thorpe signed with the New York Giants in the National League.  Thorpe was a steadily improving ballplayer over six Major League seasons, hitting .327 in his last year.  He disagreed with Manager John McGraw's assessment of him and was sold to the Cincinnati Reds in 1917. He was later that year returned to the Giants and appeared briefly in the 1917 World Series.  Thorpe's most famous baseball feat was driving in the only run in the famous Hippo Vaughn and Fred Toney double no-hitter in 1917.
    1914 - New York Giants and Chicago White Sox played an exhibition baseball game in Egypt, a 3-3 tie.
    1916 - The Battle of Verdun ends with the French and Germans each having suffered more than 330,000 killed and wounded in 10 months. It was the longest engagement of World War I. 
    1919 - The first Miss America was crowned in New York City. The winner, Edith Hyde, was found by a New York Times reporter not to be a Miss. She was a "Mrs." named Mrs. Tod Robbins, a divorced mother of two children.
    1920 - The North West Mounted Police ("The Mounties") became the Royal Canadian Mounted Police.
    1922 - Birthday of Renata Tebaldi (d. 2004) in Pesaro, Italy.  Operatic soprano whose rich, sumptuous voice made her the operatic star at the Metropolitan Opera, Covent Garden, and LaScala in the 1950s and 60s. She was also known for her acting ability. In 1946, along with Arturo Toscanini, she performed at the reopening concert of La Scala, which had been closed during World War II.    Her great roles included Giacomo Puccini's Mimi (“La Boh è me”) and “Tosca,” Giuseppe Verdi's Desdemona (“Otello”) and “Aida,” and Umberto Giordano's Madeleine (“Andrea Ch é nier”).
    1926 – The Yankees sold 1B Wally Pipp to the Cincinnati Reds.  In 1925, Pipp sat out of the Yankees lineup in June, resulting in his permanent replacement by Lou Gehrig.
    1934 - Bob Shane of the Kingston Trio was born Robert Castle Schoen in Hilo, Hawaii. The trio was credited with starting the folk craze of the late 1950's and early '60s with their hit recording of "Tom Dooley" in 1958. The Kingston Trio had a clean-cut collegiate image which helped them win acceptance among the trendy college crowd. The trio broke up in 1968.  Shane is the sole survivor of the group.
    1935 - James T. Farrell finishes his Studs Lonigan trilogy, “Judgment Day.”
    1937 - Phil Everly (d. 2014) was born in Brownie, Kentucky. Together with his brother Don, the Everly Brothers made some of the most exciting pop records of the late 1950’s. The brothers came from a country music family and their parents took them to Nashville in 1956 to meet Chet Atkins. A year later, the Everly Brothers had their first hit, “Bye Bye Love”.  They were rarely absent from the charts for the next five years. “Wake Up Little Susie”, “Bird Dog” and “Cathy’s Clown” were among their hits. The relationship between the two brothers began to deteriorate about 1963, although they continued to perform together for another decade. The Everly Brothers got together again in the 1980’s. They began touring with Simon and Garfunkle, who originally wanted to sound exactly like them.  They were elected to the Rock and Roll Hall of Fame in 1986 and the Country Music Hall of Fame in 2001.
    1938 – Sherman Hemsley (d. 2012), TV’s George Jefferson in “The Jeffersons,” was born in Philadelphia.  The show ran 11 seasons through 1985 and one of Norman Lear’s most successful.
    1939 - On Victor Records, Benny Goodman and his orchestra recorded "And the Angels Sing." The vocalist for that song went on to find fame at Capitol Records, Martha Tilton.
    1939 - Birthday of jazz pianist Joe Sample (d. 2014), Houston, TX.  Co-founder of the Crusaders. 
    1940 - For his first recording session, held in Chicago, Illinois, with the Tommy Dorsey Band, Frank Sinatra sang "Too Romantic" and "The Sky Fell Down." Sinatra replaced Jack Leonard as the band's lead singer.
    1941 - "Downbeat" magazine reported Glenn Miller had signed a new three-year contract with RCA Victor Records, guaranteeing him $750 a side, the largest record contract signed to that date.
    1941 - Defended by 610 fighting men, the American-held island of Guam falls to more than 5,000 Japanese invaders in a three-hour battle. 
    1942 – Not quite two months after Pearl Harbor, the Navy conducted Marshall-Gilberts raids, the first offensive action by the United States against Japanese forces in the Pacific.  The raids were carried out by two separate U.S. carrier task forces, Yorktown and Enterprise. The Yorktown aircraft inflicted moderate damage to the Japanese naval installations on the islands and destroyed three aircraft. Seven Yorktown aircraft were lost, as well as a floatplane.  Aircraft from the carrier Enterprise inflicted light to moderate damage on the three islands' naval garrisons, sank three small warships and damaged several others, including a cruiser and destroyed 15 Japanese aircraft.  The raids had little long-term strategic impact. But did however, did help lift the morale of the U.S. Navy and American public. The raids also provided valuable experience in carrier air operations, which hardened the U.S. carrier groups for future combat against Japanese forces.
    1942 – Voice of America, the official external radio and television service of the US, began broadcasting with programs aimed at areas controlled by the Axis powers.
    1944 - Top Hits
My Heart Tells Me - The Glen Gray Orchestra (vocal: Eugenie Baird)
Shoo, Shoo, Baby - The Andrews Sisters
Besame Mucho - The Jimmy Dorsey Orchestra (vocal: Bob Eberly & Kitty Kallen
Pistol Packin' Mama - Al Dexter
    1945 - US Army arrives at Siegfriedlinie, a major defense of the Nazi regime. p?p=117338&sid=d4b2df326cdcad65d492d560b41a5cc6
    1949 - Louis B. Mayer, of Metro Goldwin Mayer (MGM), became a millionaire all over again when he sold his racehorse breeding farm for $1 million.
    1949 - RCA Victor introduced the 45 rpm record. It was designed as a rival to Columbia's 33 1/3 rpm long-playing disc, introduced the previous year. The two systems directly competed with each other to replace 78 rpm records, bewildering consumers and causing a drop in record sales.
By the end of 1949, all the major companies, except RCA, had committed themselves to the LP record, seemingly putting an end to the 45. Even RCA itself announced it would issue its classical library on 33 1/3 rpm discs. But RCA was not ready to admit the demise of the 45 rpm record. The company spent $5-million publicizing 45 rpm as the preferred speed for popular music. The campaign worked. Buyers of non-classical records turned increasingly to the 45 rpm record, so that by 1954, more than 200-million of them had been sold. And all the major companies now were producing both 33 1/3 and 45 rpm records.
    1951 - New Mexico state record low temperature, -50ºF (-46ºC), Gavilan.
    1951 - The greatest ice storm of record in the U.S. produced glaze up to four inches thick from Texas to Pennsylvania causing twenty-five deaths, 500 serious injuries, and 100 million dollars damage. Tennessee was hardest hit by the storm. Communications and utilities were interrupted for a week to ten days.
   1951 - The temperature at Taylor Park Dam plunged to 60 degrees below zero, a record for the state of Colorado.
    1952 - Top Hits
Slowpoke - Pee Wee King
Cry - Johnnie Ray
Anytime - Eddie Fisher
Give Me More, More, More (Of Your Kisses) - Lefty Frizzell
    1953 - "Private Secretary" debuted on CBS-TV starring Ann Sothern as Susie McNamara, the private secretary to New York talent agent, Peter Sands played by Don Porter. With its last show airing on September 10, 1957, the show ran on CBS during the regular television seasons and ran on NBC-TV in the summers of 1953 and 1954.
    1953 - "You Are There" premiered on Television. The program began as an inventive radio show in 1947. News correspondents would comb the annals of history and "interview" the movers and shakers of times past. Walter Cronkite hosted the series on CBS for four seasons. The show's concept was revived for a season in 1971 with Cronkite gearing the program toward children.
    1953 – “General Electric Theater” premiered on TV. CBS's half-hour dramatic anthology series was hosted by Ronald Reagan (in between his movie and political careers). Making their television debuts were Joseph Cotten (1954); Fred MacMurray, James Stewart and Myrna Loy (1955); Bette Davis, Anne Baxter, Tony Curtis and Fred Astaire (1957); Sammy Davis, Jr (1958); and Gene Tierney (1960). Other memorable stars who appeared on the series include: Joan Crawford, Harry Belafonte, Rosalind Russell, Ernie Kovacs, the Marx Brothers and Nancy Davis Reagan, who starred with her husband in the premonitory episode titled "A Turkey for the President" (1958).
    1954 - On CBS-TV, "The Secret Storm," TV’s first soap opera, was shown for the first day of a 20-year run.
    1954 - Backed by his Jazz ensemble, Big Joe Turner records the original version of "Shake, Rattle and Roll." The tune will top the Billboard R&B chart next June but did not cross over to the Pop chart. Some of the original lyrics, that would have been considered highly sexual at the time, were changed when Bill Haley recorded the song five months later. 
    1955 - Elvis Presley records, "Baby, Let's Play House"
    1956 - Martin Luther King, Jr.'s Montgomery Improvement Association files suit in federal court against Alabama for segregation of buses.
    1957 - Birthday of Donna Adamek, known as "Mighty Mite", Duarte, CA.  She dominated women's professional bowling from 1978 through 1981.
She was Woman Bowler of the Year each year and, in that four-year period, she won the Women's Open in 1978 and 1981, the WIBC Queens in 1979 and 1980, and the WPBA National Championship in 1980. Adamek led the WPBA tour in winnings for three consecutive years, 1978 through 1980.
During the 1981-82 season, she rolled three perfect 300 games.  The compiler of WOAH whose highest average was 194 (287 game) remembers when ONE 300 GAME was memorable before the change in bowling ball construction and the way bowling lanes are dressed.
    1957 - 20-year-old Don Everly and his 2-year-younger brother Phil sign a recording contract with Cadence Records. During their career, The Everly Brothers will have 35 Billboard Hot 100 singles. 
    1958 - Elvis Presley records: "My Wish Came True," "Doncha' Think It's Time," "Your Cheatin' Heart," "Wear My Ring Around Your Neck."
    1960 - Greensboro Sit-In. Commercial discrimination against blacks and other minorities provoked a nonviolent protest. At Greensboro, NC, four students from the Agricultural and Technical College (Ezell Blair, Jr, Franklin McCain, Joseph McNeill and David Richmond) sat down at a Woolworth's store lunch counter and ordered coffee. Refused service, they remained all day. Over the following days, similar sit-ins took place at the Woolworth's' lunch counter. Before the week was over, they were joined by a few white students. The protest spread rapidly, especially in southern states. More than 1,600 people were arrested before the year was over for participating in sit-ins. Civil rights for all became a cause for thousands of students and activists. In response, equal accommodation regardless of race, became the rule at lunch counters, hotels and business establishments in thousands of places.
    1960 - Top Hits
“Running Bear” - Johnny Preston
“Teen Angel” - Mark Dinning
“Where or When” - Dion & The Belmonts
“El Paso” - Marty Robbins
    1962 - Ken Kesey's “One Flew Over the Cuckoo's Nest” is published.
    1963 - Paul Simon graduates from New York City's Queens College.
    1964 - "I Want to Hold Your Hand" by the Beatles reached number one on the Billboard Hot 100 chart. It stayed there for seven weeks.
    1964 - The Beatles' "Please Please Me" enters the pop charts
    1964 - The governor of Indiana declared "Louie, Louie" pornographic. The song was about seven years old when the Kingsmen recorded their version in 1963, and the fantastic legend that grew up in its wake--a legend that even an FCC investigation couldn't kill--seems to have sprung solely from their extraordinary lack of elocution. Richard Berry, its composer, who spoke on the subject a while back to a Los Angeles interviewer named Bill Reed, explains the song as the lament of a seafaring man, spoken to a sympathetic bartender named Louie. Here, without further ado, are the "official" published lyrics:
"Louie Louie, me gotta go. Louie Louie, me gotta go. A fine little girl, she wait for me. Me catch the ship across the sea. I sailed the ship all alone. I never think I'll make it home. Louie Louie, me gotta go. Three nights and days we sailed the sea. Me think of girl constantly. On the ship, I dream she there. I smell the rose in her hair. Louie Louie, me gotta go. Me see Jamaican moon above. It won't be long me see me love. Me take her in my arms and then I tell her I never leave again. Louie Louie, me gotta go." (By Richard Berry. Copyright 1957-1963 by Limax Music Inc.)
    1965 - At the Arthur Smith Studios in Charlotte, North Carolina, James Brown records "Papa's Got A Brand New Bag," which will reach #8 on the Billboard Pop chart and #1 on the R&B chart the following August and later win a Grammy Award for Best Rhythm and Blues Recording. 
    1966 - The first African-American Navy captain was Thomas David Parham, Jr., of Newport News, VA, a Presbyterian chaplain, whose rank was raised from commander to captain.
    1966 - Bill Graham resigns as business manager of the San Francisco Mime Troupe in order to devote himself full-time to the business of acid rock concert promotion, initially at the Fillmore Auditorium.
    1966 - Birthday of soccer great Michelle Akers, Santa Clara, CA.
    1967 - The American Basketball Association (ABA) was born with 11 teams and George Mikan as commissioner in its first season. The original teams:  Anaheim Amigos, Dallas Chaparrals, Houston Mavericks, Indiana Pacers, Kansas City which quickly became the Denver Larks, Kentucky Colonels, Minnesota Muskies, New Orleans Buccaneers, New York Americans, Pittsburgh Pipers, San Diego Conquistadors, Oakland Oaks.  The ABA distinguished itself from its older counterpart with a more wide-open, flashy style of offensive play, as well as differences in rules—a 30-second shot clock (as opposed to the NBA's 24-second clock, though the ABA did switch to the 24 second shot clock for the 1975–76 season) and use of a 3-point field goal arc. Also, the ABA used a colorful red, white and blue ball, instead of the NBA's traditional orange ball. The ABA lasted nine years before four teams, the Denver Nuggets, the Indiana Pacers, the New York Nets and the San Antonio Spurs, were absorbed into the NBA.
    1967 - The Beatles record "Sgt. Pepper's Lonely Hearts Club Band"
    1968 - DIX, DREW DENNIS, Medal of Honor
Rank and Organization: Staff Sergeant, U.S. Army, U.S. Senior Advisor Group, IV Corps, Military Assistance Command. Place and date: Chau Doc Province, Republic of Vietnam, 31 January and 1 February 1968. Entered service at: Denver, Colo. Born: 14 December 1944, West Point, N.Y. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. S/Sgt. Dix distinguished himself by exceptional heroism while serving as a unit adviser. Two heavily armed Viet Cong battalions attacked the Province capital city of Chau Phu resulting in the complete breakdown and fragmentation of the defenses of the city. S/Sgt. Dix, with a patrol of Vietnamese soldiers, was recalled to assist in the defense of Chau Phu. Learning that a nurse was trapped in a house near the center of the city, S/Sgt. Dix organized a relief force, successfully rescued the nurse, and returned her to the safety of the Tactical Operations Center. Being informed of other trapped civilians within the city, S/Sgt. Dix voluntarily led another force to rescue 8 civilian employees located in a building which was under heavy mortar and small-arms fire. S/Sgt. Dix then returned to the center of the city. Upon approaching a building, he was subjected to intense automatic rifle and machine gun fire from an unknown number of Viet Cong. He personally assaulted the building, killing 6 Viet Cong, and rescuing 2 Filipinos. The following day S/Sgt. Dix, still on his own volition, assembled a 20-man force and though under intense enemy fire cleared the Viet Cong out of the hotel, theater, and other adjacent buildings within the city. During this portion of the attack, Army Republic of Vietnam soldiers inspired by the heroism and success of S/Sgt. Dix, rallied and commenced firing upon the Viet Cong. S/Sgt. Dix captured 20 prisoners, including a high ranking Viet Cong official. He then attacked enemy troops who had entered the residence of the Deputy Province Chief and was successful in rescuing the official's wife and children. S/Sgt. Dix's personal heroic actions resulted in 14 confirmed Viet Cong killed in action and possibly 25 more, the capture of 20 prisoners, 15 weapons, and the rescue of the 14 United States and free world civilians. The heroism of S/Sgt. Dix was in the highest tradition and reflects great credit upon the U.S. Army. 
    1968 - Top Hits
“Judy in Disguise (With Glasses)” - John Fred & His Playboy Band
“Chain of Fools” - Aretha Franklin
“Green Tambourine” - The Lemon Pipers
“Sing Me Back Home” - Merle Haggard
    1968 - Green Bay Packers head coach Vince Lombardi resigned after nine seasons, five NFL titles and victories in the first two Super Bowls. Oddly enough, Green Bay's founding coach, Curly Lambeau, resigned on the same day in 1950 after 29 years on the job.
    1968 - Elvis Presley's only child, Lisa Marie, was born in Memphis. Elvis and his wife, Priscilla, were married in Las Vegas the previous May. They were divorced in 1973.
    1968 - The Jimi Hendrix Experience, John Mayall and the Bluesbreakers, at the Fillmore Auditorium.
    1968 – The New York Central and Pennsylvania Railroads merged to form Penn Central Transportation.  In 1970, bankruptcy forced Penn Central into the hands of the federal government which formed Conrail as a result.
    1969 - Tommy Roe's "Dizzy" enters the pop charts
    1969 - Tommy James & the Shondells' "Crimson and Clover" hits #1.
    1970 - Timothy Leary sentenced to 10 years for Texas/Mex marijuana bust.
    1971 - The “Love Story” soundtrack album is certified gold.
    1974 - “Good Times” premiered on TV. A CBS spin-off from "Maude," which was a spin-off of "All in the Family." "Good Times" featured an African American family living in the housing projects of Chicago. The series portrayed the Evans family's struggles to improve their lot. The cast featured Esther Rolle and John Amos as Florida and James Evans, Jimmie Walker as son J.J., Bernadette Stannis as daughter Thelma, Ralph Carter as son Michael, Johnny Brown as janitor Mr. Bookman, Ja'Net DuBois as neighbor Willona Woods, Janet Jackson as Willona's adopted daughter Penny and Ben Powers as Thelma's husband, Keith Anderson.
    1975 - Neil Sedaka's "Laughter in the Rain" hits #1.
    1976 - Top Hits
“Love Rollercoaster” - Ohio Players
“Love to Love You Baby” - Donna Summer
“You Sexy Thing” - Hot Chocolate
“This Time I've Hurt Her More Than She Loves Me” - Conway Twitty
    1978 - The first postage stamp depicting an African-American woman was issued. It showed the likeness of Harriet Tubman, the escaped slave and abolitionist who led more than 300 slaves to freedom along the Underground Railroad.
    1978 - Bob Dylan's film "Renaldo and Clara," a documentary of the Rolling Thunder Revue tour mixed with surrealistic fantasy sequences, premieres in Los Angeles.
    1979 - Patty Hearst released from jail.
    1979 - Blondie's "Heart of Glass" is certified Platinum in the UK, where it tops the Pop chart. The song will also rise to number one in the US the following April.
    1982 - "Late Night with David Letterman” premiered.  This is when it all began: the stupid pet tricks, stupid human tricks and the legendary top ten lists. "Late Night" premiered on NBC as a talk/variety show appearing after "The Tonight Show with Johnny Carson." Host David Letterman was known for his irreverent sense of humor and daffy antics. The offbeat show attained cult status among college crowds and insomniacs, as many tuned in to see a Velcro-suited Letterman throw himself against a wall. The show also featured bandleader-sidekick Paul Shaffer, writer Chris Elliott and Calvert DeForest as geezer Larry "Bud" Melman. In 1993, Letterman made a highly publicized exit from NBC and began hosting "The Late Show" on CBS.  In 2014, Letterman announced his retirement and the final episode of “Late Night” aired on May 20, 2015.
    1983 - Air Supply's third album, "Now and Forever" is certified Platinum. 
    1984 - Top Hits
“Owner of a Lonely Heart” - Yes
“Karma Chameleon” - Culture Club
“Talking in Your Sleep” - The Romantics
“The Sound of Goodbye” - Crystal Gayle
    1985 - Utah state record low temperature, -69ºF (-56ºC), Peter's Sink.
    1985 - Snow, sleet and ice glazed southern Tennessee and northern sections of Louisiana, Mississippi and Alabama. The winter storm produced up to eleven inches of sleet and ice in Lauderdale County, AL, one of the worst storms of record for the state. All streets in Florence, AL were closed for the first time of record
    1987 - Terry Williams from Los Gatos, California, won the largest slot machine payoff, to that time, pocketing $4.9 million after getting four lucky 7s on a machine in Reno, Nevada.
    1988 - Thirty cities in the eastern U.S. reported new record high temperatures for the date, including Richmond, VA with a reading of 73 degrees. Thunderstorms in southern Louisiana deluged Basile with 12.34 inches of rain. Arctic cold gripped the north central U.S. Wolf Point, MT reported a low of 32 degrees below zero
    1988 - The Cars, who had placed 15 songs on the Hot 100 between 1978 and 1987, announce their break up. 
    1989 - While arctic cold continued to invade the central U.S., fifty- four cities in the south central and eastern U.S. reported new record high temperatures for the date. Russell, KS, the hot spot in the nation with a high of 84 degrees the previous day, reported a morning low of 12 above. Tioga, ND reported a wind chill reading of 90 degrees below zero
    1989 - A Spokane, Washington, funeral director revealed that jazz saxophonist and pianist Billy Tipton, who had lived his life as a man, was a woman. Tipton played for years in the US northwest after a career with several big bands. He appeared to have a wife and adopted three sons.
    1990 - Top Hits
How Am I Supposed To Live Without You - Michael Bolton
Opposites Attract - Paula Abdul (Duet With The Wild Pair)
Downtown Train - Rod Stewart
Two To Make It Right - Seduction
    1992 - United States President George Bush and Russian President Boris Yeltsin signed the Camp David declaration which states that their two countries no longer regard each other as adversaries
    1992 - Barry Bonds signs baseball's highest single year contract ($4.7 million)
    1992 - Elton John and George Michael teamed up to score a US number one with a song recorded live at Wembley Stadium the previous March, "Don't Let The Sun Go Down On Me". Elton had originally released the song on his "Caribou" album in 1974. 
    1993 - On Lisa Marie's 25th birthday, it was announced that she wouldn't be taking over her father's estate as provided in his will. Lisa Marie left management of Graceland and other parts of Elvis's multimillion-dollar estate to Jack Soden, head of Elvis Presley Enterprises.
    1993 - First Lady Hillary Rodham Clinton is given an office in the West Wing of the White House and named January 25 to head a commission charged with creating a health plan for the nation. It is the most influential position a president's wife has ever had.  She bans smoking in the White House February 1.
    1995 - Top Hits
“Creep” - TLC
“On Bended Knee” - Boyz II Men
“Another Night” - Real McCoy
“Take A Bow” - Madonna
    1998 - Rear Admiral Lillian E. Fishburne became the first female African American to be promoted to that rank.
    2000 - Top Hits
“I Knew I Loved You” - Savage Garden
“What A Girl Wants” - Christina Aguilera
“Smooth” - Santana Featuring Rob Thomas
“Back At One” - Brian McKnight
    2002 – Daniel Pearl, journalist and South Asia Bureau Chief of the Wall Street Journal, kidnapped January 23, 2002 by Pakistani militants, was beheaded and mutilated by his captors.
    2003 - After a successful 16-day mission, the space shuttle Columbia, with a crew of seven, perished during entry. Kalpana Chawla, 41, who emigrated to United States from India in 1980s and became an astronaut in 1994, was one of seven astronauts who died in an explosion that streaked across the Texas sky on a clear, beautiful morning.  Laurel Clark, 41, a Navy diving medical officer aboard submarines, then flight surgeon who became an astronaut in 1996, was on board Columbia to help with science experiments. She had 8-year-old son. Her home was in Racine, Wis. Commander Rick Husband, 45, Air Force colonel; Pilot William McCool, 41;  Payload commander Michael Anderson, 43; David Brown, 46, a Navy captain, pilot and doctor; Ilan Ramon, 48, a colonel in Israel's air force and the first Israeli in space.
    2004 - While New England Patriots beat the Carolina Panthers 32-29, it was singer Janet Jackson exposing her breast at half time with Justin Timberlake that made the big news.  With just over one minute to play, Adam Vinatieri kicked a 41-yard field goal to give New England the lead, 32-29.  New England quarterback Tom Brady was named Most Valuable Player for the second time in three years. He set a Super Bowl record for the most pass completions (32). Brady also recorded a 66.7 completion percentage (48 pass attempts), 354 passing yards, 3 touchdowns, 1 interception, and 12 rushing yards. This was the fourth Super Bowl to be decided on a field goal in the final seconds. Super Bowl V was won on a last second kick by Jim O'Brien of the Baltimore Colts, Super Bowl XXV as Buffalo’s Scott Norwood missed his field goal chance, and Super Bowl XXXVI as Adam Vinatieri made his for the Patriots’ first Super Bowl win.
    2005 - A web site claimed Yogi Berra filed a $10 million lawsuit against TBS due to a “Sex and the City” promotion which used Berra's name as a possible answer concerning the definition of yogasm. The choices included (a) a type of yo-yo trick, (b) sex with Yogi Berra and (c) what Samantha has with a guy from yoga class.
    2008 - A news report revealed that Spain was the European leader in illegal music downloads. Spanish computer users illegally downloaded more than 1.2 billion tracks in 2007, according to authors and publishers society, SGAE. 
    2009 - The Cardinals entered the game seeking their first NFL title since 1947, the longest championship drought in the league. The club became an unexpected winner during the season and the playoffs with the aid of head coach Ken Whisenhunt, who was the Steelers offensive coordinator during Super Bowl XL, and the re-emergence of quarterback Kurt Warner, who was the Super Bowl MVP in Super Bowl XXXIV with the St. Louis Rams. Trailing 20–7 at the start of the fourth quarter, Arizona scored 16 unanswered points, including wide receiver Larry Fitzgerald's 64-yard touchdown reception, to take the lead with 2:37 remaining in the game. But then the Steelers marched 78-yards to score on wide receiver Santonio Holmes's 6-yard game-winning touchdown catch with 35 seconds left, tip-toeing at the deep corner of the end zone. Holmes caught nine passes for 131 yards and a touchdown, including four receptions for 71 yards on that final game-winning drive.
    2010 - President Barack Obama proposed a $3.8 trillion budget for fiscal 2011 which projected a record-high budget deficit of $1.6 trillion in fiscal 2010.
    2013 - Hillary Clinton stepped down from her post as Secretary of State; she is succeeded by Senator John Kerry.
    2013 - In the wake of earlier reports of Alex Rodriguez being a client of a clinic in Boca Raton, FL under investigation for supplying PEDs, ESPN reported that he has been receiving weekly injections at home from the director of the suspect clinic, Anthony Bosch.
    2014 - A long-delayed review of the Keystone XL Pipeline was completed by the U.S. State Department.  It concluded the pipeline would not significantly increase greenhouse gas emissions.
    2015 - The New England Patriots won their fourth Super Bowl title, beating the Seattle Seahawks 28-24.  Patriots quarterback Tom Brady was named MVP and is now one of only three quarterbacks to have won four Super Bowls (Bradshaw and Montana).  With Seattle driving for a winning TD with seconds left and the ball on the Patriots 1-yard line, Patriots rookie corner Malcolm Butler made a game-saving interception to seal the game for the Pats.

Super Bowl Champions:
    2004 - New England Patriots-32, Carolina Panthers-29 
    2009 - Pittsburgh Steelers-27, Arizona Cardinals-23
    2015 – New England Patriots-28, Seattle Seahawks-24



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