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   Want to see a White Shark?

http://www.mercurynews.com/mld/mercurynews/news/local/9671424.htm

 

 

Thursday,   September 16, 2004

 

 

   Headlines---

 

    Classified Ads---Back Office

        Bulletin Board Complaint---Phoenix Alliance, Dana Point, Ca.         

            CapitalWerks’ Jim Raeder to Balboa Capital’s Pat Byrne

                Strange Deals---Lease an Elephant

    Classified Ads—Help Wanted

        Letters---We get e-Mail

            Rating ABS Seller/Servicers: Credit Where Credit is Due

    --Press Release re: NorVergence Class Action-

        Business Leasing News September Newsletter

            Sports Briefs---

                "Gimme that Wine"

                    This Day in American History

                        Baseball Poem

 

 

########  surrounding the article denotes it is a “press release”

 

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

 

Classified Ads---Back Office

 

Atlanta , GA.

GlobalTech Portfolio Services provides world class lease, loan administration and asset management for equipment and vehicles. Current portfolios $1 billion.

Contact Alan Zeppenfeld 678-816-2216

E-mail: azeppenfeld@globaltechfinancial.com

  

Atlanta, GA.

Let Tax Partners handle your sales and use tax compliance duties w/less risk and cost than in-house. Largest tax compliance firm in US

E- mail: sales@taxpartners.com

 

Dallas, TX.

Property Tax and sales and use tax administration services performance is guaranteed and we will save you time and money or our service is free.

E-mail: info@osgsolutions.com

  

Indianapolis, IN

JDR Solutions, LLC specializes in delivering customized back-office lease portfolio admin./ ASP services for lessors, banks, manufacturer captives: other financial institutions.

Paul Henkel (317) 251-5352 ex. 7201

E-mail: paul.henkel@jdrsol.com

 

 

Jacksonville, FL.

CIT's Portfolio Service Group: providing cost- effective lease/portfolio services: Accounting, Tax Reporting, Collection svc, End of Lease Solutions, Front End Documentation, Invoicing, and on-line reporting

E-mail: vincente.dingianni@cit.com

 

 

Laughlin, NV.

20 years experience on funder/broker sides. Looking for a relationship where I act as credit shop for smaller brokers when financial statements are involved.

E-mail: batarista@laughlin.net

 

New Rochelle, NY

Proactive management/administration of commercial/consumer vehicle lease/finance portfolios covering insurance, titles, registrations, sales/property taxes, tickets, collections, accounting, vehicle disposition. Since 1975

E-mail: Barrett@BarrettCapital.com

 

        

San Rafael, CA

We can run your back office from origination to final payoff. 30 years experience in commercial equipment lease and loan portfolio management.

E-mail: gmartinez@phxa.com

 

[headlines]

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Bulletin Board Complaint---Phoenix Alliance, Dana Point, Ca.

 

Jim Figgins of Phoenix Alliance, 34277 Amber Lantern, Suite K, Dana

Point, California told Leasing News in May, 2004 he would be returning

$6,262.80, first and last, on a sale/leaseback for Dr. Hansen.

 

He said in a telephone interview his company did more mortgages

and loans than leases, where an “escrow” account is required.

He said he would return the money as the sale/leaseback did

not go through. He was new to the leasing procedures.

 

He seemed very sincere.  Five days later, we e-mailed Dr. Hansen.

He did not respond.   Ten days later we again e-mailed, plus telephoned Dr. Hansen to see if he had received the money back.  Dr. Hansen did not return the call.  Ten days later, we called him again, and after two attempts, assumed the money had been returned, thus the reason for the lack of response .  This was in June, 2004.

 

Tuesday, September 14th, he sent us this e-mail:

 

“I INITIALLY RECEIVED A PARTIAL PAYMENT SO I THOUGHT THE REST WOULD COME FORTHWITH, THAT IS THE REASON I DID NOT RESPOND. I THOUGHT YOUR INITIAL CONTACT WAS ENOUGH. THE SAD FACT IS I HAVE BEEN GIVEN PROMISES AFTER PROMISES BY THIS WELL-MEANING INDIVIDUAL. PLEASE REOPEN THIS CASE THANK-YOU DR HANSEN.”

 

Telephone calls to Phoenix Alliance in Dana Point, California have

not been returned for the last two days.

 

[headlines]

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CapitalWerks’ Jim Raeder to Balboa Capital’s Pat Byrne

 

 

[headlines]

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Strange Deals---Lease an Elephant

 

 

This from Creative Capital Sales Manager Alistair McNeil:

 

“A broker in Florida had a request for some working capital for a circus. Business financials were not strong, and was declined by his banks and brokers other alternative financing sources. We interviewed client and found the real need for cash was not really working capital, but to buy another ELEPHANT !

 

“We found lessees credit was a 489 !! There problem was that they made great money 8 months of the year but the other 4 months of no income, forced them to be late on several of their liabilities.

Lessees relatives agreed to pledge some additional collateral (no-the lion and leopard were not acceptable !) however some real estate  (a second his mother’s house ) and stocks were; and we were able to fund this deal on an 84 month fmv.

 

“The broker made $20,000 commission on this transaction.......Oh yes, the question everybody has... what does an Elephant cost ?

 

     allister@creativeclg.com

 

“$300,000.  Remember Creative Capital when it is "strange" or "different" or just does not fit the normal criteria of other funders.”

 

      Send Leasing News an e-mail about what is the strangest thing you have leased, whether a “pet crematorium” or $150,000 “software

only” license via internet download, please share with us by

sending me an e-mail at kitmenkin@leasingnews.org

[headlines]

 

 

 

Classified Ads—Help Wanted

 

 

CFO / Leasing Sales Leader



Leasing Sales Leader: Atlanta GA.
Outstanding opportunity for highly motivated, exp. leasing rep. for fast growing tech solutions provider. Unlimited earnings potential, fast paced enviroment. Exper. end-user sales/ tech leasing required.
Full description here
.
Email: OHCResumes@OHC-LLC.com

CFO: Atlanta, GA.
CPA/10yrs exp. required. Direct/oversee all financial activities and manage leasing operations. Full description here.
Email: OHCResumes@OHC-LLC.com

About the Company: Located in Atlanta GA. Optimus Solutions is a leading provider of enterprise Information Technology solutions including systems, storage, and software enhanced by a complete range of integration and consulting services.
http://optimussolutions.com/

 

Controller / Vendor Sales Specialist/ Entry Level Accountant


Controller:
Broker/Lessor looking for CFO/Controller w/ a solid accounting background. Exp. working in Leasing industry a must. LeasePlus knowledge a plus.

Vendor Sales Specialist: Experienced in developing relationships & vendor programs. Will need to establish/head our new vendor division. Must be knowledgable in all aspects of leasing from the broker lessor perspective.

Entry Level Accountant: Entry level position, accounting background req., leasing exp. a plus, must be organized individual w/ strong work ethic.

Please E-mail resume to: elang@nationwidefunding.com

About the Company: Nationwide Funding, Irvine, CA. With its prime location in Southern California and offices in Chicago's downtown financial district, Nationwide Funding, LLC has been able to secure specialized credit facilities and create funding partnerships with a wide variety of financial institutions. This diversity allows Nationwide Funding, LLC to be a complete funding partner for your business.

 

Sales



Sale:
Tustin CA. Must have 4 years of leasing experience w/ strong client base.  70% Comission, 70% Residual, Desk Rental option. Please call Barbara Griffith for more information on this very unique program
714-573-9804

About the company: SCL has been in business for 12 years. We are contracted with multiple funding sources which enables us to provide more competitive rates and flexible terms and conditions.

[headlines]

 

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Letters---We get e-Mail

 

 

 

“The NorVergence fiasco:  Regardless of which party in this affair was culpable or irresponsible, the black eye on the leasing industry continues. 

 

“Just ponder for a moment the thousands of lessees who are angry, bewildered, and livid.  How many other people do you think that these business owners (the lessees) will be relating their tale of woe.  Their tale of caution shall concluded with the following comment: ‘Never....ever.....do any equipment leasing!!!" 

 

“Once burned, twice learned.  Somehow, the leasing industry needed to address the terrible PR and media converge that we are facing.”

 

Regards.

Gary Ford

apexcapital@sbcglobal.net

415-499-7754

 

--

 

“The ongoing drama surrounding Capital Werks and the, as yet ‘unnamed’ character assassin, has me riveted to my seat.  The NorVergence story, as it unravels, is no less fascinating.

 

“The avarice and greed that drives the people in this business never ceases to amaze me.  Leasing people make the Democratic and Republican political operatives look like pikers.  Hopefully I will never have a competitor hate me enough, to mount the kind of attack that has been perpetrated upon CapitalWerks.  If I do, however, I'm happy to know that I can track the sucker down and make them pay.

 

“The NorVergence scandal is amazing.  Can you believe the list of companies that are named in that class action suit?  I'll bet ‘telecommunications equipment’ is on their lists of "restricted industries and equipment" now.  In that way as an industry, we can make certain that all of the legitimate vendors, along with the leasing and finance companies who deal with them, will not be able to get funding either.  I am also amazed that one or two of those names have been tied to, or associated with, nearly every major fraudulent transaction that has occurred in the past several years.  How do I get in touch with the "Vice President of Fraudulent Syndication Programs"?  There has to be one, right?  I think it would be a great service for Leasing News to publish the person in charge of "fraudulent syndication" at major companies throughout the industry.  Why shouldn't the rest of us get in on the easy money/

 

“You know what interests me most, however?  The reaction of those individuals who are observers of our business. Can you imagine what must be going through the mind of any potential investor who thought they might want to get involved in this business?  They're probably taking a hard look at siding contractors, desert reclamation projects, and "buy here pay here" car lots.

 

“Congratulations to Gerry Ostereich for know when to bail out!!”

 

Bob Rodi, CLP

President

LeaseNOW, Inc.

drlease@leasenow.com

www.leasenow.com

1-800-321-LEASE (5327) x101

 

 

---

 

“Thanks for all of your hard work in keeping the leasing community informed out there.”

 

Best Regards,

 

Gerry Oestreich

First Niagara Leasing, formerly

Adirondack Leasing Associates Ltd

620 Washington Avenue

Rensselaer NY 12144

800-678-7342 Ext 232

Mobile 518-857-5206

www.adirondacklease.com

 

-- 

 

 

“Someone should sit down with Elizabeth Olson of the NY Times and explain the difference between consumer and commercial financing.

 

“1-In consumer financing (home mortgages, credit cards, etc) the financing party or lender operates under the auspices off and subject to consumer credit and lending laws.

 

“2-In commercial financing the lender and borrower are both commercial entities and enter into a commercial contract in which both parties are responsible for what they sign. Sometimes this involves forfeiture of deposits. “

 

Steve Nardi

steven@ramsgateleasing.com

 

-- 

 

“HP Financial Services (NJ) has sent a letter to all of their vendors and brokers (Yes, they're still doing business with brokers) that they are no longer allowing $1 Buy Out deals in the 13 upfront tax states.

 

“HP Financial Services is also no longer allowing commission uplifts on any $ 1 Buy Out deals.

 

“Usury Anyone?”

 

  (Anonymous---actually received by U.S. mail)

 

Kit--

 

“Our newest title is at the printers--Power Tools for Small

Ticket Leasing.  If you are interested, you can view the contents at

http://www.leasingpress.com/small_ticket.htm. 

It is 299 pages, and contains over 350 review questions at the end of each chapter.  Authors are  Rick Galtelli, myself and Barry Marks.

 

 

“This is not a sequel to the original Power Tools book, and we hope this

current title will serve a different audience.  We will be happy to have any support you care to provide, and please feel free to do so at any time.  The existing Power Tools for Successful Leasing is approaching the end of its life cycle anyway, although we continue to sell some every month.  Thanks for your continued interest and support.  It is much appreciated. “

 

James Johnson

phdleasing@hotmail.com

 

---

 

“We have a non member fee for the convention, but nonmembers can only attend one time.  In other words, if a nonmember has gone to the ELA convention once, they cannot attend again as a nonmember.”

 

  smaloney@elamail.com

 

 

“The theme of ELA's 43rd Annual Convention is "Breaking Out." But it might just as accurately be, "Breaking Away," since ongoing success requires you to break away from the pack.

 

“For many lessors, it's been a pretty good year, with volume returning and profits up. But for too many, that's not enough. Competition is intense and leasing leaders must find ways to differentiate their companies from the competition. From using technology to obtaining funding, the old ways just aren't going to cut it anymore.

 

“That's why at the Annual Convention, October 24th - 26th at the JW Marriott Resort & Spa, Palm Desert, CA, the subject of so many general and breakout sessions will be innovation and change. Consider these topics, just a sampling from the Convention program:

 

“ First Break All the Rules: What the World's Best Managers Do   

        Differently" (General Session)

Going Vertical: Leveraging Your Business' Industry Expertise to Meet

    Customer Demand

Technology as a Business Enabler: A New Breed of Employee

Breathing Fresh Air into European and Latin American Vendor

    Programs

Tools for Reinvention: Cross-Border Leasing Principles Revisited

Breaking Away from Bad Practices: How a Company Can Be Successful

    Through a Downturn

Rebirth & Revitalization of the Leasing Industry: New Paradigms Driving Success

Proven, Practical Strategies for Building Customer Loyalty

Back to the Future: True Lease Opportunities and Structuring

Automating to Lead: Real World Testimonials from Equipment Leasing

   Companies

Breaking out with New Views of Benchmarking, Best Practices and    

   Technology

With competition as tough as it is, can you afford to miss an opportunity like this?

 

“To learn more about the Convention, and to register, go to

http://www.elaonline.com/events/2004/annconv/convhome.cfm

 

“Register by SEPTEMBER 22 And Be Included on the Pre Registration List Posted On Line! “

 

Thank you,

 

Michael Fleming

President, ELA

 

  -------

 

“Thank you so much for the promotion on your website. 

 

“I have great faith that the Lord will get me and my family through this time.  He has made you an instrument and for that God bless you.

 

“I have received several phone calls and e-mails and look forward to keeping the Granieri publications out there.  I am also going to chat with my printer about reproducing The Anatomy and The Closers Catechism and perhaps there is still a market for these books.  Again, thank you for supporting me during this difficult time. 

 

“Many blessings to you and your family.”

 

 

Melinda Granieri

bgcloser@aol.com

 


 

[headlines]

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Rating ABS Seller/Servicers: Credit Where Credit is Due

 

   ABSnet

 

 

The following is an excerpt from Fitch’s upcoming criteria report on ABS Seller/Servicers, due out later this week.

 

By Rui Pereria and Mary Osako

 

Fitch Ratings recognizes that the quality, stability, and financial condition of seller/servicer operations have a direct effect on the performance of asset-backed securities (ABS) transactions across all product types. Therefore, Fitch has always used seller/servicer assessments to augment its ABS default, loss, and cash flow models when analyzing structures and assigning credit enhancement levels.

 

Building on this experience, Fitch has established a more formalized procedure to evaluate ABS seller/servicers’ capabilities. The ultimate goal of the seller/servicer rating process is to enhance the overall credit process to appropriately measure and incorporate financial and operational risk while giving investors the increased transparency that they have come to expect from Fitch.

 

The ABS sector is characterized by a wide range of securitized products, currently estimated at more than 20 distinguishable asset types, although the vast majority of ABS issuance is concentrated in the credit card, student loan, and auto sectors. Fitch is committed to identifying and differentiating the traits and requirements of these

 

diverse asset classes in both origination and servicing of the products.

 

This report outlines Fitch’s review process for ABS seller/servicers, the methodology used to assign ratings, and the ongoing monitoring activities that apply generally to most, if not all, ABS products. Additionally, Fitch will publish individual, product-specific reports to delineate features of origination and servicing that are unique to individual asset types.

 

Highlights of Fitch’s review process include:

 

* Seller/servicer reviews will become a required component of Fitch’s ABS analysis.

 

* Product-specific programs tailored to reflect the risks unique to each asset type.

 

* Recognition of the impact of the seller’s role, in addition to the servicer’s, in ABS transactions.

 

* A clear description of the impact of the seller/servicer’s financial condition on the ultimate operational rating.

 

* Ratings for ABS seller/servicers on the same scale established by Fitch’s Operational Risk Group for other areas of structured finance, from ‘1’ (highest) to ‘5’ (lowest).

 

Fitch’s approach to rating ABS seller/servicers capitalizes on the expertise of product specialists, transaction analysts, and financial institution and corporate analysts, in addition to the experience of the Operational Risk Group, which has established rating programs for residential mortgage-backed securities (RMBS) and commercial mortgage-backed securities (CMBS) sellers and servicers and collateralized debt obligation (CDO) asset managers.

 

Why a customized approach?

 

Fitch’s ABS operational review approach is customized in its recognition of the seller/servicer arrangement typical to the ABS sector overall and its acknowledgment of the differing asset level requirements for the wide variety of ABS asset types. This customization allows for the appropriate measurement — and communication to investors — of the impact of operational and financial risks on ABS transaction performance. In addition, an approach customized to the specific asset ensures that the factors most important to that product type are weighed appropriately.

 

The demands of ABS investors for analysis and data relating to origination and servicing risk assessment vary greatly. The requirements of investors tend to be correlated with their position in the deal’s capital structure. Generally, investors in the higher risk mezzanine and subordinated tranches seek the most detailed information for use in their default and loss modeling and ultimate investment decisions. Other investors may be concerned with a particular aspect of the origination or servicing infrastructure, such as technology or collection. To meet this challenge, within the ABS seller/servicer reports, Fitch will provide a summary evaluation for each of the three major evaluation factors: corporate; origination; and servicing. Fitch will assign a separate score for each, with a detailed explanation following the summary evaluation.

 

ABS transactions differ not only in deal structures, but also in the characteristics of underlying loans (e.g. revolving or nonrevolving), loan securities (with or without collateral), obligors (consumer or corporate, prime, or subprime), issuers (from large, established banks to non- investment-grade entities), exposure to various regulations, and many other factors. Different terminology used in designating similar situations — for example, "revolving" for credit cards, versus "recycling" for student loans — further complicates analysis. Many of these differences significantly affect the nature of the operational risks that the seller/servicer must deal with. To reflect such variability, Fitch will supplement this report with additional reports specifically written for each product type. Fitch intends to evaluate seller/servicers in the following areas:

 

1) Credit cards; student loans; 2) Auto loans; 3) Equipment loans and leases; 4) Other commercial assets

 

Why seller/servicer combined ratings?

 

Fitch recognizes that ABS issuers typically fall into one of three categories:

 

1) Captive finance company; 2) Monoline bank or financial institution; 3) Multiline bank or finance company

 

As such, the vast majority of the assets serviced by an institution were also originated by the institution. For example, prime credit card receivables, receivables, or consumer loans are not typically originated with the intention to sell, servicing released, into the secondary market, as is common for other assets (RMBS and CMBS). In addition, many products, such as auto loans and equipment leases, lack any industry-accepted origination practices, as might be present for areas like prime RMBS (Fannie Mae and Freddie Mac guidelines). This lack of industry-accepted origination practices can affect transferability of servicing.

 

Additionally, for certain asset types, particularly assets with a revolving feature, like credit cards, seller/servicers re-underwrite on an ongoing basis to manage risk. Furthermore, in the case of captive finance companies, the product securing the loan may have been manufactured by the parent company, requiring the servicer to have a more active relationship with the seller than in RMBS or CMBS transactions.

 

These factors, along with other characteristics of ABS issuers and their collateral, make it more difficult to look at the servicer function in isolation. Therefore, where appropriate, Fitch will review both the origination and servicing operations of the organization to properly assess the risks associated with ABS transactions. Alternatively, Fitch is able to evaluate either seller or servicer operations separately, if appropriate.

 

Effects of seller/servicer ratings on Fitch ABS rating analysis

 

A seller/servicer evaluation has always been an integral component of Fitch’s ABS transaction analysis. As an additional measure of risk or benefit, these evaluations have been used qualitatively to augment Fitch’s default, loss, and cash flow modeling. In an effort to quantify risks and benefits associated with seller/servicers, Fitch has established a more precise connection between the operational attributes of a seller/servicer’s operation and the performance of a transaction.

 

A more standardized incorporation of the seller/servicer rating in transaction analysis, such as calibration of the maximum allowable adjustment to credit enhancement levels, expected default rates, or other relevant measures, is being tested to determine appropriate levels. When seller/servicer rating reviews of major players in each ABS product area are complete, a quantitative matrix indicating the level of adjustments will be established. (For Fitch’s approaches to servicer and asset manager ratings for other types of securitization, see Fitch Research on "Residential Mortgage Servicer Ratings," dated Feb. 21, 2003, "Commercial Mortgage Servicer Rating Criteria," dated April 11, 2002, and "Rating CDO Asset Managers," dated Feb. 13, 2004, all available on Fitch’s web site at www.fitchratings.com)

 

However, levels of uniformity in deal structure, product characteristics, and required servicing vary by ABS product. Fitch expects some ABS segments, such as credit cards and student loans, to be more conducive to this defined arrangement than others. For other ABS product sectors, if there are insufficient data to support standardization and quantification of adjustments, Fitch may decide not to quantify factors. In such cases, Fitch will continue to incorporate the results of seller/servicer evaluations, on a case-by-case basis, in transaction analysis, fully taking into consideration pertinent individual factors.

 

Fitch’s assessment of the quality of the seller/servicer’s financial condition and operations will have a direct impact on the determination of credit enhancement levels. seller/servicers that are rated in the ‘1’ category are likely to receive the most beneficial influence on enhancement levels. seller/servicers rated in the ‘2’ category are likely to receive a smaller but still measurable adjustment to Fitch’s enhancement calculation. seller/servicers rated in the ‘3’ category could receive a mildly negative to mildly beneficial credit enhancement adjustment, depending on their position as compared with other ‘3’ category seller/servicers. Seller/servicers rated below the ‘3’ category will receive a negative adjustment to enhancement levels, which may be mitigated by an alternative servicing arrangement. Many of the adjustments referenced above already have been taken into consideration as part of Fitch’s seller/servicer review process. However, Fitch’s expanded and more detailed reviews will allow for better communication to the market of these adjustments, as well as the potential for further modifications to enhancement calculations.

 

ABS seller/servicer rating criteria

 

Corporate Performance: 1) Company and management experience; 2) Financial condition; 3) Operational risk management

 

Origination: 1) Origination and underwriting process; 2) Risk management; 3) Staffing and training;

 

4) Technology

 

Servicing: 1) Account maintenance; 2) Customer service; 3) Payment processing and cash management; 4) Investor reporting and remitting; 5) Collections and loss mitigation; 6) Default loan management; 7) Risk management; 8) Staffing and training; 9) Technology

 

  full report available at:

 

http://www.fitchratings.com/corporate/reports/report.cfm?rpt_

id=220460&sector_flag=10&marketsector=1&detail=

 

[headlines]

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

 

--Press Release re: NorVergence Class Action-

 

 

Plaintiffs Move For Injunction in Class Action against Norvergence Lease Assignees filed by Kantrowitz, Goldhamer & Graifman & The Law Offices of Michael Scott Green

 

 

NEW JERSEY----Counsel for Plaintiffs in the class action lawsuit commenced against various telecommunications leasing companies who were assignees of leases and equipment rental agreements entered into between individuals and businesses and the telecommunications company, Norvergence, Inc. ("Norvergence") have moved for a preliminary injunction against the Lease Assignees. The injunction seeks to enjoin the lease assignees from enforcing any equipment rental agreements assigned to them by Norvergence, or from commencing suit against Norvergence customers for payments under the leases. The lawsuit seeks to certify a nationwide class of those persons and entities who leased telecommunication and/or network computer equipment from Norvergence, which leases were then assigned to various leasing companies. The motion, brought by Order to Show Cause, is returnable on October 1, 2004.

 

   The lawsuit alleges that the leases violated various state and federal statutes including the Consumer Fraud Act, the FTC Holder Rule, the Truth-in-Consumer Contracts, Warranty & Notice Act, and that the leases constitute breaches of contract, and breaches of implied and express warranty. The suit seeks cancellation of the leases, disgorgement of lease payments and a declaratory judgment concerning the unenforceability of the leases.

 

   The Amended Class Action Complaint suit names approximately twenty six (26) lease financing companies as defendants.

 

   The plaintiffs, and putative class representatives, are represented by the law firms of Kantrowitz Goldhamer & Graifman and the Law Offices of Michael Scott Green. The website for the class action is at www.njnorvergenceclassaction.com. Attorneys for the Plaintiffs may be reached at the following contact information: Gary S. Graifman, Esq., Kantrowitz, Goldhamer & Graifman, 210 Summit Avenue, Montvale, New Jersey 07645, 1-800-660-7843, ggraifman@kgglaw.com; Michael S. Green, Esq., 86 Washington Avenue, Milltown, New Jersey 08850, Telephone 732-390-0480, msgreen@lawmsg.com.

 

CONTACT:Kantrowitz Goldhamer & Graifman Gary S. Graifman, 800-660-7843 ggraifman@kgglaw.com or The Law Offices of Michael Scott Green  Michael S. Green, 732-390-0480 msgreen@lawmsg.com or www.njnorvergenceclassaction.com

 

[headlines]

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

 

***announcement************************************

 

Business Leasing News September Newsletter

 

 

1. Tech Spending Improves Despite Doubts; Leasing Supports Its Growth

 

2. California Imposes New Use Taxes on Aircraft, Vehicles and Vessels

 

3. Mediation Provides A Different Way to Address Defaults

 

4. BLN Case & Comment: BankVest Assumes Lease, Ignoring Non-monetary Defaults

 

5. Leasing 101: What Is "Utility Computing"?

 

6. BLN Briefs: Biz Roundtable Ups CAPEX; Mexican Trucks in U.S.; CA Waste Law Update

 

7. Reader Feedback; Recent Publications; Upcoming Speeches; Training Offered

 

8. About Patton Boggs LLP and My Law Practice

 

http://www.leasingnews.org/items/BLN_September%202004.htm

[headlines]

 

**** announcement **************************************

 

 

Sports Briefs

 

Work stoppage could wipe out hockey season

http://www.mercurynews.com/mld/mercurynews/sports/

hockey/nhl/san_jose_sharks/9667803.htm

 

Brewers keep Barry from 700

http://www.usatoday.com/sports/baseball/games/

2004-09-15-giants-brewers-bonds_x.htm

 

[headlines]

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“Gimme that Wine”

 

Michael Mondavi Resigns From Robert Mondavi Corp. Amid Plans to Sell Luxury Brands

http://www.winespectator.com/Wine/Daily/News/0,1145,2596,00.html

http://home.businesswire.com/portal/site/google/index.jsp?
ndmViewId=news_view&newsId=20040914006133&newsLang=en

 

The Grapevine Is Whispering; It Says Mondavi----Frank J. Prail

http://www.nytimes.com/2004/09/16/business/16wine.html

 

 

Mondavi to sell off luxury wine brands

Michael Mondavi announces resignation

http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/
archive/2004/09/15/BUGII8P3T71.DTL&type=business

 

 

Mondavi Press Release on direction of winery
http://phx.corporate-ir.net/phoenix.zhtml?c=90413&p=irol-newsArticle&ID=614398&highlight
=
 

 

Napa Valle Heat causes headaches but vintners predict quality harvest
http://www.napanews.com/templates/index.cfm?template=
story_full&id=A514D1B3-96C3-409C-8976-E2D5389A054B

 

 

Château d'Yquem Drops Its Price Dramatically for Release of 1999 Vintage

http://www.winespectator.com/Wine/Daily/News/0,1145,2595,00.html

 

Make Willamette Valley Vineyards your weekend stomping ground

http://www.oregonlive.com/foodday/oregonian/index.ssf?

/base/living/1094730956115711.xml

 

Chateau Ste Michelle Winery

http://wine.about.com/od/washingtonstate/a/stemichelle.htm

 

[headlines]

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This Day in American History

 

    1620- the Mayflower departs from Plymouth, England with 102 passengers and a small crew. On board were 48 crew members and 101 colonists (including 35 Separatists from Leiden, Holland, known afterward as the Pilgrims). During the three-month voyage, two passengers died and two babies were born.

 Vicious storms were encountered en route which caused serious doubt about the wisdom of continuing, but she reached Provincetown, MA, Nov21, and discharged the Pilgrims at Plymouth, MA, Dec 26.1620.

    1672-While her actual birthday is not known, this is the official date proclaimed by the governor of the Commonwealth of Massachusetts to honor Anne Bradstreet, America’s first poet who is also recognized as the first published woman poet in the English language.  Anne Bradstreet was born in 1612 in England and came to America in 1630. Unbeknownst to Anne, her brother-in-law took some of her poetry back to England where it was published in 1630 as Te Tenth Muse Lately Sprung Up in America.  Subsequent editions were also published in Boston.  She died at Andover, MA.

    1782- Continental Congress President John Hanson along with Secretary

Charles Thomson made the first impression of the Great Seal of the United

States on a document authorizing General George Washington to negotiate and sign an agreement with the British for the exchange, subsistence, and better treatment of prisoners of war.

    1810-Mexican Independence Day. Father Miguel Hidalgo y Costilla summoned the largely Indian and mestizo congregation of his small Dolores parish church and urged them to take up arms and fight for Mexico's independence from Spain.

( lower half of: http://memory.loc.gov/ammem/today/sep16.html )

    1889-Birthday of Claude A. Barnett, founder of the Associated Negro Press. ranked by Ebony magazine as among the one hundred most influential black Americans, founded the Associated Negro Press (ANP) in 1919 and remained its director through nearly half a century of social change. By providing its member newspapers with coverage of activities within black communities across the country and current national trends and events, the ANP helped create a national black culture and increased black awareness of national news.

Died, 1967

http://newswatch.sfsu.edu/milestones/decade1910_barnett.html

http://www.amazon.com/exec/obidos/ASIN/0838631371

/inktomi-bkasin-20/104-1488333-3847140

    1893-Greatest “run” for Oklahoma land.

    1903-Birthday of Buck McFarland (Barrelhouse Buck),Alton, IL

    1903-Birthday of violinist Joe Venuti, Philadelphia, PA

    1908-the giant automobile manufacturing company called General Motors was founded by William Crapo “Billy” Durant, a Flint, Ml, entrepreneur.

http://www.libertyhaven.com/thinkers/billydurant/billy.html

    1921-Birthday of singer/composer Jon Hendricks, Newark,OH

http://www.jazzter.nl/jon.html

http://www.harmonyware.com/JonHendricks/

    1925-Birthday of jazz guitarist Charlie Byrd.

http://www.gfmusic.com/newcharlie99.html

http://www.classicjazzguitar.com/artists/artists_page.jsp?artist=54 

    1925 - Singer/guitarist Riley “BB” King birthday

http://www.bbking.com/

    1938- Dorsey Band records “Boogie Woogie”

    1946-Les Brown cuts “ I’ve Got My Love to Keep Me Warm.”

    1946-Banjoist Earl Scruggs first recorded with Bill Monroe and his Blue Grass Boys. His three-fingered picking style became one of the trademarks of bluegrass music. Scruggs and guitarist Lester Flatt left Monroe in 1948 to form their own group, the Foggy Mountain Boys. Flatt and Scruggs's partnership lasted for more than 20 years.

    1950---Top Hits

Mona Lisa - Nat King Cole

Goodnight Irene - The Weavers

Tzena, Tzena, Tzena - The Weavers

Goodnight Irene - Red Foley-Ernest Tubb

    1951-”Sky King” TV premiere. This half-hour children’s adventure series began on radio in 1947. Kirby Grant starred as Schuyler J. (Sky) King, owner of the Flying Crown.

    1954-Birthday of guitarist Earl Klugh, Detroit, MI

    1955-The United States Auto Club (USAC) was formed to supervise four major categories of auto racing.

    1958---Top Hits

Nel Blu Dipinto Di Blu (Volare) - Domenico Modugno

It’s All in the Game - Tommy Edwards

Rock-in Robin - Bobby Day

Bird Dog - The Everly Brothers

    1960-College football coach Amos Alonzo Stagg (1864-1965) announced his retirement after seventy-one years on the field. Stagg's career coincided with the evolution of the game from an amalgam of soccer and rugby into American football as we know it.

http://memory.loc.gov/ammem/today/sep16.html

    1963 - "She Loves You" was recorded by The Beatles on the Swan label. It was the first record recorded by The Beatles; but the second single by the ‘Fab Four’ to hit #1. "I Want to Hold Your Hand", was the group’s first #1 song and million seller (on Capitol). It beat "She Loves You" to the top spot by just a few weeks. Other Beatles hits were also recorded on Capitol (Capitol had rejected "She Loves You") and Swan labels; but the Beatles liked variety -- so add these record companies to the Beatles list of recording labels: Vee-Jay, MGM, Tollie, United Artists, Atco, E.M.I., Parlaphone and Apple.

    1964- the rock 'n' roll TV show "Shindig" premiered on ABC. Guests on the first show were Sam Cooke, Bobby Sherman, the Everly Brothers and the Righteous Brothers. The house band, the Shindogs, included such musicians as Leon Russell and Delaney Bramlett. And among the Shindig Dancers was future actress Teri Garr. Such was the drawing power of the show that the Beatles were paid only $1,400 to appear during the first season - at the height of Beatlemania. "Shindig" began its second season with a bang, snagging the Rolling Stones for the first show and expanding to two nights a week. But it was downhill after that, with such guest hosts as Zsa Zsa Gabor, Hedy Lamarr and Boris Karloff. "Shindig" was cancelled in January 1966.

    1965- Duke Ellington gives sacred concert in San Francisco.

    1965 - San Francisco’s Grace Cathedral became the site of the first concert of sacred music presented by Duke Ellington.

    1965 - "The Dean Martin Show" debuted on NBC-TV. It was a weekly variety show that continued on the network for nine years. Regulars over the years were The Goldiggers, Ken Lane, The Ding-a-Ling Sisters, Tom Bosley, Dom DeLuise, Nipsey Russell, Rodney Dangerfield and Les Brown and His Band. The theme song? "Everybody Loves Somebody".

    1966---Top Hits

You Can’t Hurry Love - The Supremes

Yellow Submarine - The Beatles

Land of 1000 Dances - Wilson Pickett

Almost Persuaded - David Houston

    1967- “Mannix “ premiers on TV. Mike Connors starred as Joe Mannix~ a Los Angeles private investigator working for the computer organization Intertect, in this long-running CBS crime series. Joseph Campanella played his boss, Lou Wickersham, during the first season. The show then changed format with Mannix setting up his own agency. The new cast members were Gail Fisher as Peggy Fair, his secretary, Robert Reed as Lieutenant Adam Tobias and Ward Wood as Lieutenant Art Malcolm.

    1968- Richard Nixon appears on "Laugh-in". In “Who Wants to be a Millionaire?” television show, this was a $1 million question.  The contestant got it right, by the way.

http://www.tvtome.com/tvtome/servlet/GuidePageServlet/

showid-1351/epid-74122/

    1971-The first Technical school for Native Americans was the Southwestern Indian Polytechnic Institute, Albuquerque, NM, a coeducational school that opened with 700 Native American students from 64 tribes.  It comprised 12 buildings on a 164-acre campus and cost $13 million.  John L. Peterson was the first superintendent.

http://www.sipi.bia.edu/

http://icpac.indiana.edu/education/college_profiles/188216.xml

http://www.humboldt.edu/~hsuitepp/college.html

http://www.sipi.bia.edu/residencespec.htm

    1971- “Owen Marshall”  premieres,  an hour-long ABC drama with Arthur Hill as the title character, a widowed attorney in Santa Barbara. Lee Majors, Reni Santoni and David Soul played his associates. Also featured were Joan Darling as Marshall’s secretary and Christine Matchett as his daughter.

    1974---Top Hits

I Shot the Sheriff - Eric Clapton

Rock Me Gently - Andy Kim

I’m Leavin It (All) Up to You - Donny & Marie Osmond

Please Don’t Tell Me How the Story Ends - Ronnie Milsap

    1974-- BART begins regular transbay service. In 1962, Marin and San Mateo County withdrew from the plan to raise funds with taxes. Santa Clara County

was not included as the Bay Area master plan not only included Marin, but

Napa County, where the population growth was to grow. When the cities

and county of Napa read the plan, they started enacting laws and prohibitions

for growth. Construction began in 1965. The 3.2-mile bore through the hard rock of the Berkeley Hills was completed in February, 1967, after 466 work days, to become the fourth longest vehicular tunnel in the U.S.  1969 the state legislature

authorized another tax to finish the project.  In subsequent years, the line moved

from Daly City ( in San Mateo County without a tax initiative) to the San Francisco International Airport, located in Millbrae ( San Mateo County ).

Recently monies were granted for a line to continued from Fremont to San Jose

and Santa Clara in the near future.  The original idea was to circle the entire

San Francisco Bay.  One of the key opponents in San Mateo who changed

the course of history is Les Kelting, still alive in San Bruno, California. He

was against raising any taxes to pay for rapid transit, which he claimed would

help the San Francisco Airport more than the residents of San Mateo County..

    1976-In Minneapolis, the 65th Triennial General Convention of the Episcopal Church officially approved ordination of women to the priesthood

    1978-The Grateful Dead played a concert in front of the Egyptian Pyramids. The show was recorded but has never been released.

    1979- At Yankee Stadium, the Bronx Bombers hold Catfish Hunter Day to honor their future Hall of Fame pitcher who will be retiring at the end of the season at the age of 33. A 20-year-old left-hander named Dave Righetti makes his major league debut for the home town team.
    1979-What is generally considered to be the first rap record, "Rapper's Delight" by the Sugar Hill Gang, was released. Rap developed in the black ghettos of New York City, and consists of rhymed and rhythmical verses chanted over pre-recorded instrumental dance tracks. "Rapper's Delight" confounded the prevailing industry view that rap was an amateur fad with no commercial appeal. The record sold two-million copies.

    1981 - Boxer ‘Sugar’ Ray Leonard, at age 25, knocked out Thomas ‘The Hit Man’ Hearns. Leonard won the welterweight boxing championship -- and the richest payday in boxing history.

    1982---Top Hits

Hard to Say I’m Sorry - Chicago

Jack & Diane - John Cougar

You Should Hear How She Talks About You - Melissa Manchester

She Got the Goldmine (I Got the Shaft) - Jerry Reed1984 -"Miami Vice" premiers on TV.

http://harley.pcl.ox.ac.uk/~mark/miami/

http://us.imdb.com/Title?0086759

    1987- Stealing his 30th base, a career-high, Indian Joe Carter becomes the ninth major leaguer to hit 30 home runs and to swipe 30 bases in the same season.

    1988- Reds' Tom Browning pitches a perfect game against the Dodgers striking out eight and allowing only eight balls to be hit out of the infield in his 1-0 victory. Over three starts including the perfect game he retires 40 consecutive batters - one shy of a major league record.

    1990---Top Hits

Release Me - Wilson Phillips

Do Me! - Bell Biv DeVoe

Have You Seen Her - M.C. Hammer

Jukebox in My Mind – Alabama

    1993- the TV premiere of “Frasier.” In this spin-off of “Cheers,” psychiatrist Dr. Frasier Crane (Kelsey Grammer) has moved to Seattle where he dispenses advice on the radio. He lives with his father Martin (John Mahoney) and Martin’s physical therapist Daphne Moon (Jane Leeves). His brother, Dr. Niles Crane (David Hyde Pierce), frequently asks for Frasier’s advice about his love life. Roz Doyle, the producer of Frasier’s show, is played by Pen Gilpin.

    1993—Top Hits

Dreamlover, Mariah Carey

Whoomp! (There It Is)- Tag Team

an t Help Falling In Love (From "Sliver")- UB40

If- Janet Jackson

    1996- Paul Molitor of the Minnesota Twins got the 3,000th hit of his career, a triple against Jose Rosado of the Kansas City Royals. the Twins lost, 6-5, Molitor became either the 20th or 21st player to reach the 3,000-hit plateau ( depending on whether the list includes Adrian “Cap” Anson, who statistics are in dispute. He was the first to triple for No. 3000.

    1998- In front of 49,891 patrons at San Diego's Jack Murphy Stadium, Sammy Sosa ties Mark McGwire by hitting his record-setting 63rd home run. The 434-foot eighth inning two-out blast off Brian Boehringer is a tie-breaking grand slam as 'Slammin' Sammy collects all six RBIs as the Cubs beat the Padres, 6-3.

    1998-Top Hits

I Don't Want To Miss A Thing- Aerosmith

The First Night- Monica

Crush- Jennifer Paige

My Way- Usher

    1999 - Hurricane Floyd stormed ashore, pounding North Carolina with 110 mph winds, dumping more than a foot of rain, damaging 12,000 homes and claiming more than 50 lives. Floyd also caused the largest peacetime evacuation in U.S. history, with 2.6 million people ordered away from the shores in the hurricane's path.

    2000- Cub outfielder Sammy Sosa joins Mark McGwire (1997-99) as the only major leaguer to hit 50HRs three consecutive seasons.

    2002- Giant left fielder Barry Bonds walks three times breaking his own record for base on balls in a season with 178. Approximately one-third of the free passes given to the San Francisco slugger have been intentional (60 out of 178)

 

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Baseball

  

  

   John W. Knight

 

  The game was tied in the bottom of nine

A runner on third and two out

In the dead still air a mosquito's whine

Was all you could hear, then a shout

 

"Do something Ben, murder the ball,

For crying out loud get a hit."

Ben strode to the plate to answer the call

The now restless fans knew this was it

 

He dug in his right foot then positioned his left

And tapped the plate twice with his bat

Then he pulled it back slowly as to measure its heft

And tensed his whole frame like a cat

 

The pitcher glared in, the Ump hunkered down

Then the ball on its way like a shot

Ben pulled the trigger, his body unwound

And the ball hit the bat with a "Thock"

 

This is the sum that the game's all about

This instant is not just a dream

The split second physics, a hit or an out?

Each player and fan poised to scream

 

 

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