Leasing News

“You May have Missed” is usually humorous, but today, perhaps the most realistic summation of how long unemployment may remain high.

######## surrounding the article denotes it is a “press release” and was not written by Leasing News nor information verified, but from the source noted. When an article is signed by the writer, it is considered a “by line.” It reflects the opinion and research of the writer. It is considered “bias” as it is the writer’s viewpoint.

Secord Bankruptcy for Real
by Christopher Menkin

The filing at the last minute before First Sound Bank, Seattle, Washington took their case to trial in June, both Louis and Richard Secord filed bankruptcy. Larasco dba Puget Sound Leasing that lead the matter to a suit of not disclosing alleged delinquencies, Evergreen clauses, or the method of accounting for past due accounts or agreements to other banks of a "zero loss" unwritten policy, had already filed bankruptcy.

It appears this is not a ploy, by the financial records filed by both the Secords, and as important, First Sound Bank is now fighting a settlement agreement with Wells Fargo Equipment Finance, Washington Mutual, and others appear named as it appears the original arrangement called for a settlement in winning their case against Larasco and the Secords, lows and highs, and written as if First Sound Bank was going to win the case. The case was "stayed" pending the bankruptcy, which if granted, wipes out any claims by First Sound Bank.

These numbers come from the court records, reproduced at the end of this article. They show that Louis Secord reports income of $5,276 per month plus $3,029 in monthly Social security Payments for he and his two sons, Stone and Grey.

He also noted the disclosure of property as noted in a court filing:
$60,235 2010
$108,043 2009
$114,000 2008

From: Larasco (now in Bankruptcy)
$73,051 2009
$250,600 2008

The delay in the case appears to have protected assets and income, but the bottom line is the list of creditors at $24.97 million ($13 million list as possible in First Sound Bank suit) and $2.4 million in personal assets, exempt from bankruptcy, primarily his house and personal assets, not business assets.)

His brother indicates a monthly income of $6,035, but $12 million owed to creditors with $1.8 million exempt.

The bank now holding the bag of the legal costs of the suit, as wells a potential settlements owed to other banks, are probably the reason additional capital nor a suitor has been found by the FDIC. Perhaps the banking authorities are waiting for things to be further settled before stepping in, although each Friday it is surprising First sound Bank has not made the list of banks closed in the State of Washington. It appears this stay may last a good year or longer. It does not appear that First Sound Bank can last that long under the present circumstances.

REPLY, filed by Intervenor Plaintiff Washington Federal Savings, TO RESPONSE to 447 MOTION to Enforce Settlement Agreement Against First Sound Bank (Dial, Neil) (Entered: 06/25/2010)
http://leasingnews.org/PDF/Reply_by_Washington_Federal.pdf

DECLARATION of Steven Shaughnessy filed by Plaintiff First Sound Bank re 447 MOTION to Enforce Settlement Agreement Against First Sound Bank (Wilkinson, C.) (Entered: 06/21/2010)
http://leasingnews.org/PDF/DECLARATION_of_Steven_Shaughnessy_filed.pdf

Louis Secord List of Creditors (large file)
http://leasingnews.org/PDF/Louis_Secord_Creditors.pdf

Louis Secord Amended List of sale of assets/income
http://leasingnews.org/PDF/Louis_Secord_BK_Financial_record.pdf

Louis Secord Social Security/Income----
http://leasingnews.org/PDF/Louis_Secord_Social_security_income.pdf

Richard Secord Creditors---(large file)
http://leasingnews.org/PDF/Richard_Secord_creditors.pdf

Richard Secord Monthly Income
http://leasingnews.org/PDF/Richard_Secord_Monthly_Income.pdf

Previous Stories:
http://www.leasingnews.org/Conscious-Top%20Stories/puget.html

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Leasing Industry Help Wanted

Tax Manager
Portland, Oregon

Multi-state property/sales tax experience.
Vertex & PTMS tax management software exp. preferred.
Click here for more information
Please Contact: B. Gail Proper gproper@pfsc.com or Johnathan Wease jwease@pfsc.com

http://www.pfsc.com/
One of the nation’s largest and most trusted independent lease and loan servicing organizations.

IMMEDIATE OPENINGS
NATIONAL SALES MANAGERS
Click on your area of expertise below for details

Medical Market Technology Market

Please see our Job Wanted section for possible new employees.

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Third Law Suit against Allied Health

The third law suit Leasing News alleging default against Allied Health Care Service, New York and New Jersey, was made by was made by Commonwealth Capital Corporation. It was filed June 18th. This one is for $4,224,543.02 against the corporation and $1,792,893.82 against the personal guarantee of Charles K. Schwartz, "plus attorneys fees, costs, and interest, as well as all other relieve which this court deems just." The filing was on June 18th but there has been no service of a summons to the corporation or personal guarantor as of Friday, June 25th.

The suit claims "The equipment is being wrongfully held by Allied and/or Schwartz. Commonwealth has demanded return of the Equipment but Defendants have failed to return the equipment. The Equipment consists of approximately $1,320 ventilators, and the fair market value of the Equipment is approximately $900-$1,500 per ventilator."

The "Fair Market Price" is what Leasing News also determined, although in the leases the used equipment was sold for $5,000 each and serial numbers always appeared mostly in sequential numbers.

By chronological date, Kingsbridge Holding, LLC, Lake Forrest, Illinois, was first with a suit against Allied Health Care Services for $1,051,207.74 plus attorney and court fees. This is from a lease discounted to them by ACC Capital, then located in Salt Lake City, Utah, making it schedule 9, part of a master lease. Here, too, service was difficult. Court records show the corporation being served, Charles Schwartz wife being served, and the last note in the file is a response by June 14th. None was made, and whether he was served properly or not, what is holding this up is on June 21st the case was assigned to a new judge.

It appears the server of the summons could not locate Schwartz, who is reportedly not in the office very much, and according to his personal financial statements, has stables and horses, and allegedly spends much of his time here. There are two major thoroughbred race tracks, Atlantic City and Monmouth Park in Monmouth in Oceanport, plus two well-known harness race tracks, Meadowlands in Rutherford and Freehold in Freehold, New Jersey.

Minnwest Capital Corporation, Minnetonka, Minnesota, (subsidiary of Minnwest Bank Metro) filed $2,070,690 suit against Allied as well as the Charles Schwartz, president of the company, as personal guarantor to the corporation. The third was successful in service, had a response to be made by June 14th, but a postponed was granted until June 24th. This also was an ACC Capital discounted lease. According to a spokesman, ACC discounted nine of them "non-recourse" and was not responsible for any lack of payment.

The response filed on June 24th basically denied the corporation was in default, the personal guarantee was not valid or enforceable, denied receiving a default notice:

“FOURTH AFFIMATIVE DEFENSE
Any assignment made to the plaintiff was in violation of the Agreement without notice to the defendants.

FIFTH AFFIRMATIVE DEFENSE
Any assignment of financing statements under Uniform Commercial Code was without notice to defendants and others having an interest in goods which are the subject of this Agreement.

SIXTH AFFIRMATIVE DEFENSE
The Agreement and financing statements, if any, violated HIPAA (Heath Insurance Portability & Accountability Act).

SEVENTH AFFIRMATIVE DEFENSE
Plaintiff fail to comply with conditions precedent to suit.

EIGHTH AFFIRMATIVE DEFENSE
Plaintiff engaged in conduct giving rise to the defense of
estoppel and equitable estoppel.

NINTH AFFIRMATIVE DEFENSE
Failure of consideration.

TENTH AFFIRMATIVE DEFENSE
The lease set forth constitutes an unconscionable contract.

ELEVENTH AFFIRMATIVE DEFENSE
Plaintiff failed to provide proper notice and to
make appropriate necessary demands.

TWELFTH AFFIRMATIVE DEFENSE
Any damages suffered by plaintiff are not proximately
related to any condition of defendants.

THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiff violated their duty of good faith and fair dealing.

FOURTEENTH AFFIRMATIVE DEFENSE
Plaintiff is not licensed to do business in the State of New Jersey.

FIFTEENTH AFFIRMATIVE DEFENSE
The contract as alleged violated public policy.”

Copy of Allied Response to Minnwest complaint:
http://leasingnews.org/PDF/Allied__Response_to_MinnWest_Capital.pdf

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

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Top Stories --- June 21-June 25

Here are the top ten stories opened by readers:

(1) Shawn Giffin falls from Building
http://leasingnews.org/archives/Jun2010/6_21.htm#griffin

(2) Shawn Giffin remembered
http://leasingnews.org/archives/Jun2010/6_23.htm#griffin_remembered

(3) Update: Broker Looking for Funder-Manifest et.al.
http://leasingnews.org/archives/Jun2010/6_25.htm#funder_update

(4) US Bank Manifest Changes---Up-Date
by Christopher Menkin
http://leasingnews.org/archives/Jun2010/6_21.htm#usbank_update

(5) Shawn Giffin---Leasing News answer to some criticism
http://leasingnews.org/archives/Jun2010/6_25.htm#griffin_criticism

(6) Fin Pac Announces VendorFlex Program
http://leasingnews.org/archives/Jun2010/6_21.htm#finpac

(7) Tie The Saga of Rudy Trebels Claiming a CLP--update
http://leasingnews.org/archives/Jun2010/6_25.htm#trebels_saga

(7) Tie Tiger's $30 Million tail
http://www.nypost.com/p/news/business/tiger_tail_MO24HJNvQVCRwEaXVzXGXP

(8) Alert: Trinity Back at It
by Bernie Boettigheimer CLP
http://leasingnews.org/archives/Jun2010/6_21.htm#trinity

(9) New Hires---Promotions
http://leasingnews.org/archives/Jun2010/6_23.htm#hires

(10) Sales makes it Happen---by Steve Chriest
Great Selling Can Become a Habit
http://leasingnews.org/archives/Jun2010/6_23.htm#habit

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Leasing 102
by Mr. Terry Winders, CLP

Protection of Leased Asset

We all know that too protect our legal right on our leased equipment the Lessor needs to file a UCC-1 financing statement in the State where the Lessee has filed their charter papers. The filing of a lien is required under Article 9 of the Uniform Commercial Code (UCC) if you have a “lease that is intended as a security”. This occurs when you fail the legal requirements of Article 2A (Article 10 in California) and are therefore by default covered by Article 9. The big difference between the two articles of law is that Article 9 recognizes the customer as the owner of the equipment and therefore requires the Lessor to file a lien. Only in Article 2A is the Lessor recognized as the equipment owner and therefore does not require the filing of a lien.

The other purpose for filing a lien is that it is the only method to inform the public that the Lessee is in possession of your equipment and that you are the owner, not the lessee. In the old days when the lien was filed in the county or State where the equipment was domiciled a large part of the population knew where, and how, to check for liens prior to purchasing equipment. However, with the current requirement to file in the State where the business filed its charter papers and a large quantity of new business filing in foreign States to avoid taxes, or to get a favorable legal environment, it has become problematic that anyone would check for liens on equipment. So how does a Lessor protect his interest in the equipment?

In addition to filing the lien a Lessor should make annual inspections. These inspections are important and they give the marketing staff a reason to visit the lessee and ask for more business. In addition, your lease agreement should require financial information, at least on an annual basis, so the credit can be reviewed to determine if the company is headed in the wrong direction. If the lessee is too far away for an inspection then perhaps in a declining credit environment you should hire a local inspector.

On transactions that are too small, to spend much time on, the Lessor should require the lessee to place labels or stickers with the lessor’s name, address, phone number and the requirement to contact before removal or location change. These labels sound like a problem but if they are sent with the closing letter most lessees will place it on the equipment with no problem. In addition it keeps the Lessor’s name in front of the lessee and is good advertising. In addition to helping on the protection side if the equipment is moved by the lessee they should inform you so the assessed taxes are paid to the proper jurisdiction.

One of the real dangers for equipment disappearance comes from mergers and acquisitions. When companies merge there is always excess equipment and it is sold off with little or no consideration for lien holders. One of your defaults in the lease agreement is when a “Lessee or any guarantor of this Lease dies, ceases to exist or do business as a going concern”. Most mergers are asset purchases which mean you will need an assumption agreement with the surviving entity. Even though this appears to solve the problem you need to identify your equipment so the new company is aware of which assets are yours. Good time to place a label on the equipment.

If your equipment does disappear in addition to legal action, if the transaction is large enough, you should contact local repair shops and equipment vendors and offer a small reward for information on the equipment. You would be surprised how often this works.

Equipment disappearance will always be with us so how you go about protecting yourself is an important issue.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at leaseconsulting@msn.com or 502-327-8666.

He invites your questions and queries.

Previous #102 Columns:
http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm

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

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Bank Beat—Florida, Georgia, New Mexico

The 13 branches of Peninsula Bank, Englewood, Florida were closed on Friday with Premier American Bank, Miami, Florida, to assume all of the deposits. There are 138 full time employees.

As of March 31, 2010, Peninsula Bank had approximately $644.3 million in total assets and $580.1 million in total deposits.

The FDIC and Premier American Bank entered into a loss-share transaction on $437.6 million of Peninsula Bank's assets.

Equity had dropped from $45.8 million March 31, 2009 to $12.6 million while non-current loans went from $63.3 million to $162.7 million. The bank had lost $223,000 the year period before and $8.2 million the first quarter of this year. Tier 1 risk-based capital ratio -1.83%

The bank had losses in real estate development such as a $3.3 million mortgage loan to a developer for a project west of Boyton Beach in 2006 that by 2008 had not had land development approval, and like many banks in Florida found itself holding mortgages on land that could not be sold for what was owed.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $194.8 million.
http://www.fdic.gov/news/news/press/2010/pr10143.html

The four branches of First National Bank, Savannah, Georgia were closed Friday with the Savannah Bank, National Association, Savannah, Georgia, to assume all of the deposits. There were 32 full-time employees. This is the ninth bank to fail in Georgia this year.

As of March 31, 2010, First National Bank had approximately $252.5 million in total assets and $231.9 million in total deposits. The Savannah Bank, N.A. will pay the FDIC a premium of 0.11 percent to assume all of the deposits of First National Bank. In addition to assuming all of the deposits of the failed bank, The Savannah Bank, N.A. agreed to purchase some of the assets. The FDIC as receiver will retain most of the assets from First National Bank for later disposition.

Bank equity March 31,2009 was $24.9 million and March 31, 2010: $4.87 million with non-current loans going from $23.2 million to $51 million. The bank lost $1.42 million with charge offs of $947,000 ($559,000 in construction and land development, $685,000 in 1-4 multi-family residential property, $55,000 commercial and industrial loans. Tier 1 risk-based capital ratio 2.58%

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $68.9 million.
http://www.fdic.gov/news/news/press/2010/pr10144.html

The two High Desert State Bank branches, Albuquerque, New Mexico, with 15 full time employees, were closed Friday with First American Bank, Artesia, New Mexico, to assume all the deposits.

As of March 31, 2010, High Desert State Bank had approximately $80.3 million in total assets and $81.0 million in total deposits. The FDIC and First American Bank entered into a loss-share transaction on $67.6 million of High Desert State Bank's assets. Net equity had gone from $8.4 million March 31, 2009 to $1.89 million March 31, 2010 with noncurrent loans at $17.4 million. The previous period the bank lost $1.9 million and March 31, 2010 $1 million. Tier 1 risk-based capital ratio 2.83%.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $20.9 million.
http://www.fdic.gov/news/news/press/2010/pr10145.html

List of Bank Failures
http://www.fdic.gov/bank/individual/failed/banklist.html

Bank Beat:
http://www.leasingnews.org/Conscious-Top%20Stories/Bank_Beat.htm

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US Bancorp Manifest Kovash moves to Vendor Side

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Tualatin, Oregon--Adopt-a-Dog

Hans
Dachshund

“I am a 5 year old male Dachshund. I am known as a "Tweeny" because I'm a little large for a mini but a little small for a standard. My owner became ill and needed at home nursing care. I thought that I was supposed to protect my master, so I nipped at the nurses. I really need a home where I will get regular exercise as I am a little over-weight right now. No cats and no kids under 7 please. My adoption fee is $200. I will be at the Nyberg Woods PetSmart in Tualatin (just east of the I-5 freeway) Saturdays 11:00 to 5:00 until I am adopted.”

Home without cats preferred
Home without children (< 5 yrs old)
Hans is up-to-date with routine shots, house trained and spayed/neutered.

Oregon Dog Rescue
Tualatin, OR
503-645-3003
dbowen57@comcast.net
http://www.petfinder.com/shelters/OR208.html

Adopt-a-Pet by Leasing Co. State/City
http://www.leasingnews.org/Conscious-Top%20Stories/Adopt_Pet.htm

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

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News Briefs ---

CIT Group pays $1.25 billion of debt
http://www.upi.com/Business_News/2010/06/26/CIT-Group-pays-125-billion-of-debt/UPI-77981277565400/

Low Rates Lure Back CP Issuers
http://www.cfo.com/article.cfm/14507039/c_14506970?f=home_todayinfinance

BP has lost more than $100B in value since oil spill started
http://www.usatoday.com/money/industries/energy/2010-06-25-bp-stock_N.htm

Tom Cruise movie third following Toy Story 3, Grown Ups
http://latimesblogs.latimes.com/entertainmentnewsbuzz/2010/06/box-office-toy-story-3-tops-solid-grown-ups-soft-knight-day.html

Photo: Steve Jobs Holding Iphone 4 Properly
http://latimesblogs.latimes.com/technology/2010/06/steve-jobs-iphone-4-holding-technique-photo.html

You May Have Missed---

UC business Prof Tyson gives grim jobs outlook
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/06/24/MNR11E3PIF.DTL&type=jobs

Sports Briefs----

Lions' president arrested for DUI
http://www.theredzone.org/BlogDescription/tabid/61/EntryId/7796/Lions-president-arrested-for-DUI/Default.aspx

“Gimme that Wine”

Cruvee Launches Unprecedented Facebook Application for Wineries
http://www.pitchengine.com/free-release.php?id=72485

New York Dropping Off in Wine Sales
http://www.newschannel34.com/content/developingnews/story/New-York-Dropping-Off-in-Wine-Sales/UmOom-MG1kOLPXXdXsB2gA.cspx

Wine Is a Tough Sell to China
http://winelabelsthatwork.com/?p=1185

The New York Jets Make W! I! N! E!
http://www.winespectator.com/webfeature/show/id/42981

Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

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

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

Winery Atlas
http://www.carterhouse.com/atlas/\

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

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Today in History

1909 -- Eric Ambler born (1909-1998). English author, widely regarded, with Somerset Maugham & Graham Greene, as a pioneer of espionage & crime fiction. Used the pseudonym Eliot Reed on four novels written with Charles Rodda. 1964 Edgar-winner, later named a Grand Master by the Mystery Writers of America. Wrote a series of great spy novels. One of my favorites, so he gets listed here.
http://www.kirjasto.sci.fi/eamber.htm

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This Day in American History

    1451 - An eclipse occurred that allegedly prevented the outbreak of war between the Mohawk and the Seneca Indians.
    1687-The first Knighthood conferred on a person born in America was awarded at Windsor Castle, England, by King James II to William Phips(Phipps), for his fair distribution of 34 tons of silver, gold, and jewels valued at $1,350,000 that he salvaged from a sunken Spanish ship that had lain in the sea near the Bahamas Islands for 44 years. Phips was born on February 2, 1651, at Pemaquid (now Bristol), ME.
    1776 - Jefferson's document was placed before the Congress after some minor changes by Adams and Franklin. This event was immortalized in the painting by John Trumball.
     1776 - Colonists repulsed a British sea attack on Charleston, South Carolina.
    1776 - Thomas Hickey, American sergeant convicted of treason, was hanged.
    1778 - "Molly Pitcher," Mary Ludwig Hays McCauley, wife of an American artilleryman, carried water to the soldiers during the Revolutionary War Battle of Monmouth, N.J. and, supposedly, took her husband's place at his gun after he is overcome with heat.
    1770-Quakers open school for Blacks in Philadelphia
    1778-History records the first Revolutionary War conflict in which American and British troops met on equal terms was the Battle of Monmouth Courthouse, Freehold, NJ, this day in 1778. The Americans under General George Washington lost 69 killed and 160 wounded. The British under Sir Henry Clinton lost 300 killed and 100 wounded or captured. The Battle of Monmouth in central New Jersey was fought in sweltering heat. The temperature was 96 degrees in the shade, and there were more casualties from the heat than from bullets.
http://users.rcn.com/gvalis/ggv/battles/Monmouth.html
    1812-A after much debate in Congress between “hawks” such as Henry Clay and John Calhoun, and “doves” such as John Randolph, Congress issued a declaration of war on Great Britain. The action was prompted by Britain's violation of America's rights on the high seas and British incitement of Indian warfare on the frontier. War was seen by some as a way to acquire Florida and Canada. The hostilities ended with the signing of Treaty of Ghent on December 24, 184, at Ghent, Belgium.
    1862-The siege of the Confederate city of Vicksburg, MS, began in earnest when Admiral David Farragut succeeded in taking a fleet past the Mississippi River stronghold on this date.
http://battlefieldvacations.com/miss/vicksb.asp
http://www.nps.gov/vick/vcmpgn/siege.htm
http://www.proseandphotos.com/vicksburg,_ms.htm
http://www.henry.k12.ga.us/pges/kid-pages/cw/farragut.html
http://bulldog2.berwick-academy.so-berwick.pvt.k12.me.us/projects/
history/David_Farragut.html
http://www.us-civilwar.com/farragut.htm
(He is best remembered as being the Union's only Admiral and for saying “Damn the torpedoes. Full speed ahead.” He did say this. In those days, by the way, a torpedo was a mine in the water. To halt ships entrance in the water, especially around harbors, floating mines or tied to a chain were very commonly deployed.)
    1888 -- Robert Louis Stevenson leaves San Francisco on his first voyage to the South Seas.
    1902—birthday of songwriter Richard Rodgers, New York City, NY
http://home.istar.ca/~townsend/_private/composer/rodgers.htm
http://www.nodanw.com/biographies/rodgers_hart.htm
http://www.kennedy-center.org/programs/specialevents/honors/
history/honoree/rodgers.html
    1902-The Isthmian Canal Act was passed by Congress. It authorized financing, and building of a canal across the Isthmus of Panama, and also authorized an alternative route across Nicaragua in the event the president could not obtain a concession from the Panama Canal Company of France ( which he eventually did for $40,000,000) and negotiate a proper treaty with Colombia. Treaty difficulties were obviated by the successful rebellion and separation of Panama from Colombia in November, 1903. the new republic immediately granted a ten-mile-wide strip of land for the canal.
    1907-birthday of composer-arranger Jimmy Mundy, Cincinnati, Ohio. He died in 1983.
http://www.centrohd.com/biogra/m2/jimmy_mundy_b.htm
http://www.loc.gov/rr/perform/basiestocks.html
(we boasted a book of 70 Basie arrangements)
    1909 -- Eric Ambler born (1909-1998). English author, widely regarded, with Somerset Maugham & Graham Greene, as a pioneer of espionage & crime fiction. Used the pseudonym Eliot Reed on four novels written with Charles Rodda. 1964 Edgar-winner, later named a Grand Master by the Mystery Writers of America.Wrote a series of great spy novels. One of my favorites, so he gets listed here.
http://www.kirjasto.sci.fi/eamber.htm
    1914-Archduke Ferdinand of Austria and his wife Sofia were assassinated in Sarajevo by a Bosnian Serb, setting of a chain of events that lead to World War I.
http://memory.loc.gov/ammem/today/jun28.html
    1914-Birthday of bluegrass musician and singer Lester Flatt.was born in Overton County, Tennessee. Flatt, his partner Earl Scruggs and their band, the Foggy Mountain Boys, did more than any other group to bring bluegrass music to the attention of the mass audience in the 1960's. Flatt and Scruggs' "The Ballad of Jed Clampett" from "The Beverly Hillbillies" TV show was a hit in 1962. And their recording of "Foggy Mountain Breakdown," which they had originally waxed in 1949, reached the Billboard Hot 100 chart in 1968 after it was used in the film "Bonnie and Clyde." When Lester Flatt and Earl Scruggs' musical partnership ended in 1969, they had been together for more than 20 years. Flatt died on May 11th, 1979 at the age of 64.
    1922- birthday of Dean Benedetti, recorder of Bird solo's, Ogden, Utah.
http://www.mosaicrecords.com/DisplaySelectionDetail.asp?SelectionID=1
http://jazzinstituteofchicago.org/index.asp?target=/jazzgram/people/benedetti.asp
http://www.grafik-tips.org/weblog/texte/bird.html
http://www.kyushu-ns.ac.jp/~allan/Documents/CP_S_48-50.html
    1923 -Birthday of trumpet player Pete Condoli
http://www.srirecords.com/condoli.html
    1924 -A massive F4 tornado hit Sandusky, Ohio, moved across Lake Erie, and then tore through Lorain, Ohio. 85 people killed and total damage was 12.5 million dollars.
    1925-Birthday of George Morgan, one of country music's earliest crooners, born in Waverly, Tennessee. He was the writer and singer of "Candy Kisses," the biggest country song of 1949. Morgan's recording went to number one and sold a million copies, while a cover version by Elton Britt was number three on the country chart. Morgan's smooth, easy style was featured on such early '50s country hits as "Room Full of Roses," "Cry Baby Heart" and "I'm in Love Again." He died of a heart attack in July 1975 just as his career was beginning to rebound.
    1928-Louis Armstrong records the classic, “ West End Blues,” (Okey 87597)
http://www.libertyhall.com/stamp/westend.html
http://www.pbs.org/jazz/biography/artist_id_armstrong_louis.htm
    1940- Congress approved the Alien Registration Act. During the period from August 27, 1940 to December 26, 1940, the number of non-citizens who registered was 4,741,971.
    1944 - "The Alan Young Show" debuted on NBC radio. It was a summer replacement for the popular Eddie Cantor. The show became a regular in the fall NBC lineup. Young, incidentally, made the switch to TV in 1961. He became a CBS star with a talking horse, of course, of course, named "Mister Ed".
http://www.mister-ed.tv/Alan%20Young's%20Bio.htm
http://www.colemanzone.com/Time_Machine_Project/filby.htm
   1949- All 12 of the women who were the first to be admitted to Harvard Medical School in 1945 (YES, 1945 and then only because there weren't enough young men around because of World War II enlistments), graduated, two as cum laude. None flunked out as predicted and the walls did not tumble in, nor was the future of the medical profession irreparably harmed.
    1948 - No. 1 Billboard Pop Hit: "Woody Wood-Pecker," Kay Kyser Orchestra. The song tops the Billboard singles chart for six weeks and sells more than 1 million copies.
    1951- “Amos and Andy” premiered on TV; based on the popular radio show about black characters played by white dialecticians Freeman Gosden and Charles Correll. It became the first dramatic series with an all-black cast to appear on television. The cast included Tim Moore, Spencer Williams, Alvin Childress, Ernestine Wade, Amanda Randolph, Johnny Lee, Nick O'Demus and Jester Hairston. The series was widely syndicated until pressure from civil rights groups, who claimed the show was stereotypical and prejudicial, caused CBS to withdraw it from syndication Today it is considered derogatory and re-runs are rare. It was one of the most popular radio and television shows of all time.
    1955---Top Hits
Cherry Pink and Apple Blossom White - Perez Prado
Rock Around the Clock - Bill Haley & His Comets
Unchained Melody - Al Hibler
Live Fast, Love Hard, Die Young - Faron Young
    1960-birthday of Denver Bronco quarterback John Albert Elway, Port Angeles,WA.
    1963---Top Hits
Sukiyaki - Kyu Sakamoto
Blue on Blue - Bobby Vinton
Those Lazy-Hazy-Crazy Days of Summer - Nat King Cole
Act Naturally - Buck Owens
    1964 - No. 1 Billboard Pop Hit: "I Get Around," The Beach Boys.
    1965-Dick Clark's Rock and Roll TV show, Where the Action Is premieres on ABC-TV. Guests include Jan and Dean, Dee Dee Sharp and newcomers Paul Revere and The Raiders, who steal the show with their stage antics and Revolutionary War costumes.
    1968-President Lyndon B. Johnson approved Public Law 90-363, which amended section 6103(a) of title 5, United States Code, establishing Monday observance of Washington's Birthday, Memorial Day, Labor Day, Columbus Day and Veterans Day. The new holiday law took effect Jan 1,1971. Veterans Day observance subsequently reverted to its former observance date, Nov 11.
    1968-The Rascals claim gold record number three for their hit, "A Beautiful Morning".
    1968-SANTIAGO-COLON, HECTOR Medal of Honor
Rank and organization: Specialist Fourth Class, U.S. Army, Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile). Place and date: Quang Tri Province, Republic of Vietnam, 28 June 1968. Entered service at: New York, N.Y. Born: 20 December 1942, Salinas, Puerto Rico. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Sp4c. Santiago-Colon distinguished himself at the cost of his life while serving as a gunner in the mortar platoon of Company B. While serving as a perimeter sentry, Sp4c. Santiago-Colon heard distinct movement in the heavily wooded area to his front and flanks. Immediately he alerted his fellow sentries in the area to move to their foxholes and remain alert for any enemy probing forces. From the wooded area around his position heavy enemy automatic weapons and small-arms fire suddenly broke out, but extreme darkness rendered difficult the precise location and identification of the hostile force. Only the muzzle flashes from enemy weapons indicated their position. Sp4c. Santiago-Colon and the other members of his position immediately began to repel the attackers, utilizing hand grenades, antipersonnel mines and small-arms fire. Due to the heavy volume of enemy fire and exploding grenades around them, a North Vietnamese soldier was able to crawl, undetected, to their position. Suddenly, the enemy soldier lobbed a hand grenade into Sp4c. Santiago-Colon's foxhole. Realizing that there was no time to throw the grenade out of his position, Sp4c. Santiago-Colon retrieved the grenade, tucked it in to his stomach and, turning away from his comrades, absorbed the full impact of the blast. His heroic self-sacrifice saved the lives of those who occupied the foxhole with him, and provided them with the inspiration to continue fighting until they had forced the enemy to retreat from the perimeter. By his gallantry at the cost of his life and in the highest traditions of the military service, Sp4c. Santiago-Colon has reflected great credit upon himself, his unit, and the U.S. Army.
    1971-The Us Supreme Court voted 8-0 to overturn the 1967 conviction of Muhammad Ali for draft evasion. The World Champ had has his title stripped for refusing to participate in the View Nam war, declaring himself a conscientious objector.
    1971---Top Hits
It's Too Late/I Feel the Earth Move - Carole King
Indian Reservation - Raiders
Treat Her Like a Lady - Cornelius Brothers & Sister Rose
When You're Hot, You're Hot - Jerry Reed
    1974-brithday of Karim Abdul-Jabbar ( formerly known as Sharman Shah) football player, born Los Angels, CA.
    1974 - No. 1 Billboard Pop Hit: "Sundown," Gordon Lightfoot. 1975 - Lee Trevino and two other golfers are struck by lightning at the Western Open golf tournament in Oak Brook, IL.
    1976---One hundred, fifty-seven women cadets reported for training at U.S. Air Force Academy, Colorado Springs, Colorado. 1,200 women applied. In May, 1980, 98 of the original 157 graduated. For the women's personal training, the Air Force only supplemented the male staff with regular Army women officers for the first year and then demanded the women train their lower classmates in protocol, etc., while the male cadets continued to have professional instructors.
    1978-The concept of racial quotas came under fire when the Supreme Court ruled in the case of Bakke v. the University of California that the university had to admit Allan P. Bakke to its medical school. Bakke, who was white, claimed his civil rights had been violated when he was refused admission because of racial quotas designed to increase the number of minority students in the medical school.
    1979---Top Hits
Hot Stuff - Donna Summer
Ring My Bell - Anita Ward
The Logical Song - Supertramp
Nobody Likes Sad Songs - Ronnie Milsap
    1980 - The temperature at Wichita Falls, TX, soared to 117 degrees, their hottest reading of record. Daily highs were 110 degrees or above between the 24th of June and the 3rd of July.
    1981 - "Variety", the movieland trade paper, reported that the biggest single weekend in box-office history saw American moviegoers spending a blockbusting $56,101,095 at the box office. The popular movies bringing in the bucks were "Superman II" with Christopher Reeve, "Raiders of the Lost Ark" with Harrison Ford and "The Great Muppet Caper" with Kermit the Frog and Miss Piggy.
    1985 - Route 66, the 59-year-old highway of 2,200 miles of blacktop, was decertified as a U.S. highway. The highway that was a legendary part of Americana saw highway crews removing the classic roadway shield-markers that designated it as the highway west. Route 66 started in Chicago, Illinois and continued into Santa Monica, California. To travel from one end of Route 66 to the other, one would go through eight states and three time zones. Bobby Troup was disappointed.
http://www.emergencyfans.com/people/bobby_troup.htm
    1986-Don Sutton of the California Angeles and Phil Niekro of the Cleveland Indians became the first pair of 300-game winners in the 20 th century to start against each other. The Angeles scored six runs in the bottom of the eight inning to win the game, 9-3. Neither started figured in the decision.
    1987---Top Hits
I Wanna Dance with Somebody (Who Loves Me) - Whitney Houston
In Too Deep - Genesis
Alone - Heart
Forever and Ever, Amen - Randy Travis
    1988 - Founder Berry Gordy Jr. sold Motown Records to MCA Records and Boston Ventures, an investment firm, for $61 million.
    1992 - A very strong earthquake shook the high desert of Southern California at 4:57 a.m. The M7.3 earthquake was centered on the eastern side of the San Bernardino Mountains near the town of Landers. The quake was the largest to strike California since the Kern County M7.7 earthquake in 1952. Vigorous rocking and rolling was felt 100 miles away in L.A. and the quake was felt as far away as Central California and Las Vegas, Nevada. Property damage: $56 million, including collapsed buildings, ruptured utility lines and widespread nonstructural damage. Human toll: One killed, 25 seriously injured, 372 treated for some sort of earthquake-related injuries, millions awakened with nightmares for weeks.
    1992 -A slow moving tropical depression produced excessive rains across southwest Florida. Four day totals ending on the 28th, ranged up to 25 inches in the Venice area, with a general 8 to 14 inches over Sarasota and Manatee counties. Two deaths resulted from the flooding.
    1994 - The U.S. EPA (Environmental Protection Agency) announced it would begin experimenting with a UV (ultraviolet) Index, “To enhance public awareness of the effects of overexposure to the sun's ultraviolet rays, and to provide the public with actions they can take to reduce harmful effects of overexposure, which may include skin cancer, cataracts and immune suppression.”
    1996-- Darryl Strawberry's 300th career round-tripper is a dramatic ninth inning, two-run dinger which gives the Yankees a come-from-behind 3-2 win over the Royals.
    1997-In a fight for the WBA heavyweight championship in Las Vegas, challenger Mike Tyson was disqualified in the third round by referee Mills Lane for twice biting the ear of champion Evander Holyfield. After the fight, Tyson claimed the he had been upset that Holyfield head-butted him in the second round. The bits, which precipitated a near-riot in and about the ring, were an attempt at retaliation. Only July 9, the Nevada Boxing Commission fined Tyson $3 million and revoked his boxing license.
    2000-- The Rockies draw their 20 millionth fan to one ballpark faster than any other team in major league history. Taking less than six years, Colorado eclipses the Dodgers' mark of taking nine years in two stadiums to reach the milestone.

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Baseball Poem

Here are three “choice” short poems from Tim Peeler, from his book “Touching All the Bases.” He has given us permission to reproduce them.

Budweiser!

Budweiser! he calls
between innings, between pitches,
between breaths

An Asterisk as Big as a Ball

the ball talked to
three hundred thirty feet of air,
rising into the teeth
of the bat's echo,
crashing into right field bleachers
like any other Yankee missile —
an exiled hero
circled the Ruthian diamond
to footnote glory —
just down the first base line
the magic bat lay,
like a gun that had killed
its owner.

whiskey moon

frank says the full moon
is for whiskey,
spits tobacco to punctuate
his short sentences,
hours sipping, replaying
his career in slow motion,
oiling the first baseman's mitt,
then spreading it carefully
to catch the milky light,
frank says it softens the leather,
I say it embalms the memory.

These come from a soft cover 128 pages
with index published by www.mcfarlandpub.com
( they take two weeks to send, but you are helping
this company stay alive, or you can buy from
Amazon, for the same price, but perhaps faster
delivery. While they are all mostly baseball,
some are not. He is a unique American poet.
He lives in Hickory, North Carolina.

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SuDoku

The object is to insert the numbers in the boxes to satisfy only one condition: each row, column and 3x3 box must contain the digits 1 through 9 exactly once. What could be simpler?

http://leasingnews.org/Soduku/soduko-main.htm

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Daily Puzzle