Form SC 13G Peachtree Equity Investment Management Inc

SC 13G - Statement of acquisition of beneficial ownership by individuals

Published: 2004-02-17 17:01:46
Submitted: 2004-02-17
peachtree_sc13g.htm SCHEDULE 13G


Schedule 13G

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

_____________

SCHEDULE 13G
(Rule 13d-102)

 

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT
TO RULE 13d-1(b), (c), AND (d) AND AMENDMENTS THERETO FILED
PURSUANT TO RULE 13d-2(b)

MARLIN BUSINESS SERVICES CORP.

(Name of Issuer)

Common Stock, Par Value $0.01

(Title of Class of Securities)

571157 10 6

(CUSIP Number)

December 31, 2003

(Date of Event Which Requires Filing of This Statement)

            Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

                                   
¨
Rule 13d-1(b)
                                  
 
¨
   Rule 13d-1(c)
                                 
 
S
   Rule 13d-1(d)

____________________

*             The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

               The  information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

(Continued on following pages)

(Page 1 of 9 Pages)


 

CUSIP NO. 571157 10 6

     

13G

Page 2 of 9

1

NAMES OF REPORTING PERSONS

PEACHTREE EQUITY INVESTMENT MANAGEMENT, INC.

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

                                                                                                              (a)
¨
                                                                                                              (b)
S

3

SEC USE ONLY
 

4

CITIZENSHIP OR PLACE OF ORGANIZATION

STATE OF GEORGIA, UNITED STATES OF AMERICA

NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH
                                          

5                 

SOLE VOTING POWER

N/A

6

SHARED VOTING POWER

2,309,934 shares of Common Stock

7

SOLE DISPOSITIVE POWER

N/A

8

SHARED VOTING POWER

2,309,934 shares of Common Stock

9

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON

2,309,934 shares of Common Stock

10

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW 9 EXCLUDES
CERTAIN SHARES

                                                                        
¨
                                                         

11

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9

20.1% of the outstanding Common Stock

12

TYPE OF REPORTING PERSON

CO

 


CUSIP NO. 571157 10 6

     

13G

Page 3 of 9

 

1

NAMES OF REPORTING PERSONS

WCI (PRIVATE EQUITY) LLC

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

                                                                                                               (a)
¨
                                                                                                               (b)
S

3

SEC USE ONLY
 

4

CITIZENSHIP OR PLACE OF ORGANIZATION

STATE OF GEORGIA, UNITED STATES OF AMERICA

NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH
                                          

5                 

SOLE VOTING POWER

N/A

6

SHARED VOTING POWER

2,309,934 shares of Common Stock

7

SOLE DISPOSITIVE POWER

N/A

8

SHARED VOTING POWER

2,309,934 shares of Common Stock

9

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON

2,309,934 shares of Common Stock

10

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW 9 EXCLUDES
CERTAIN SHARES

                                                                        
¨
                                                         

11

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9

20.1% of the outstanding Common Stock

12

TYPE OF REPORTING PERSON

OO

 


 


CUSIP NO. 571157 10 6

     

13G

Page 4 of 9

 

1

NAMES OF REPORTING PERSONS

MATTHEW J. SULLIVAN

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

                                                                                                              (a)
¨
                                                                                                              (b)
T

3

SEC USE ONLY
 

4

CITIZENSHIP OR PLACE OF ORGANIZATION

STATE OF GEORGIA, UNITED STATES OF AMERICA

NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH
                                          

5                 

SOLE VOTING POWER

Beneficial ownership of all shares of Common Stock disclaimed.

6

SHARED VOTING POWER

Beneficial ownership of all shares of Common Stock disclaimed.

7

SOLE DISPOSITIVE POWER

Beneficial ownership of all shares of Common Stock disclaimed.

8

SHARED VOTING POWER

Beneficial ownership of all shares of Common Stock disclaimed.

9

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON

Beneficial ownership of all shares of Common Stock disclaimed.

10

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW 9 EXCLUDES
CERTAIN SHARES

                                                                        
¨
                                                         

11

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9

N/A

12

TYPE OF REPORTING PERSON

IN

 


 


CUSIP NO. 571157 10 6

     

13G

Page 5 of 9

1

NAMES OF REPORTING PERSONS

LAWRENCE J. DEANGELO

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

                                                                                                              (a)
¨
                                                                                                              (b)
T

3

SEC USE ONLY
 

4

CITIZENSHIP OR PLACE OF ORGANIZATION

STATE OF GEORGIA, UNITED STATES OF AMERICA

NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH
                                          

5                 

SOLE VOTING POWER

Beneficial ownership of all shares of Common Stock disclaimed.

6

SHARED VOTING POWER

Beneficial ownership of all shares of Common Stock disclaimed.

7

SOLE DISPOSITIVE POWER

Beneficial ownership of all shares of Common Stock disclaimed.

8

SHARED VOTING POWER

Beneficial ownership of all shares of Common Stock disclaimed.

9

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON

Beneficial ownership of all shares of Common Stock disclaimed.

10

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW 9 EXCLUDES
CERTAIN SHARES

                                                                        
¨
                                                         

11

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9

N/A

12

TYPE OF REPORTING PERSON

IN

 


Item 1.             (a)        Name of Issuer:

                                    Marlin Business Services Corp.

                        (b)        Address of Issuer’s Principal Executive Offices:

                                    124 Gaither Drive, Suite 170, Mount Laurel, NJ 08054

Item 2.             (a)        Name of Person Filing:

                                    Peachtree Equity Investment Management, Inc.
                                    WCI (Private Equity) LLC
                                    Matthew J. Sullivan
                                    Lawrence J. DeAngelo

                        (b)         Address of Principal Business Office or, if None, Residence:

                                    For all persons filing:

                                    1170 Peachtree Street, Suite 1610
                                    Atlanta, GA 30309

                        (c)        Citizenship:

                                   
For all persons filing:

                                    State of Georgia, United States of America

                        (d)        Title of Class of Securities:

                                    Common Stock, Par Value $0.01 Per Share

                        (e)        CUSIP Number:

                                   
571157 10 6

Item 3.             If This Statement is Filed Pursuant to Rule 13d-1(b), or 13d-2(b) or (c), Check
                        Whether the Person Filing is a:

                        Not applicable.  This Schedule is being filed pursuant to Rule 13d-1(d).

 

Page 6 of 9 Pages


Item 4.            Ownership.

Peachtree Equity
Investment
Management, Inc.

WCI (Private
Equity) LLC

Matthew J. Sullivan

Lawrence J.
DeAngelo

(a) Amount Beneficially
      Owned:

2,309,934

2,309,934

Disclaimed

Disclaimed

(b) Percent of Class:

20.1%

20.1%

N/A

N/A

(c) Number of Share to Which Reporting Person Has:

 

(i)    Sole VotingPower:

N/A

N/A

N/A

N/A

(ii)   Shared Voting Power:

2,309,934

2,309,934

Disclaimed

Disclaimed

(iii)  Sole Dispositive Power:

N/A

N/A

N/A

N/A

(iv)  Shared Dispositive Power:

2,309,934

2,309,934

Disclaimed

Disclaimed

The reported shares are owned directly by WCI (Private Equity) LLC (“WCI”), whose sole manager is Peachtree Equity Investment Management, Inc. (the “Manager”)  The Manager could be deemed to be an indirect beneficial owner of the reported shares, and could be deemed to share such beneficial ownership with WCI.

Matthew J. Sullivan and Lawrence J. DeAngelo are directors of the Manager, and could be deemed to be indirect beneficial owners of the reported shares.  They could be deemed to share such indirect beneficial ownership with the Manager and WCI.  Messrs. Sullivan and DeAngelo expressly disclaim beneficial ownership of the reported shares, and the filing of this report shall not be deemed to be an admission that either of them is a beneficial owner of the reported shares for purposes of Section 13(d) of the Securities Exchange Act of 1934 or for any other purpose.

Item 5.       Ownership of Five Percent or Less of a Class.

If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following.

Item 6.       Ownership of More than Five Percent on Behalf of Another Person.

Peachtree Equity Partners, L.P., is the sole member of WCI, and has the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, the reported shares beneficially owned directly by WCI.

Page 7 of 9 Pages


 

Item 7.       Identification and Classification of the Subsidiary Which Acquired the Security
                 Being Reported on by the Parent Holding Company or Control Person.

Not applica
ble.

Item 8.       Identification and Classification of Members of the Group.

Not applica
ble.

Item 9.       Notice of Dissolution of Group.

Not
applicable
.

Item 10.      Certification.

Not applicable.  This Schedule is being filed pursuant to 13d-1(d).

 

 

Page 8 of 9 Pages


Signature

            After reasonable inquiry and to the best of my knowledge and belief, the undersigned certify that the information set forth in this Statement is true, complete and correct.

                                                                                 

Date: February 17, 2004

 

 

PEACHTREE EQUITY INVESTMENT
MANAGEMENT, INC.

 

 

By:     /s/ Matthew J. Sullivan                                         
Name:  Matthew J. Sullivan
Title:     Chief Executive Officer

 

 

 

Date: February 17, 2004

 

 

WCI (PRIVATE EQUITY) LLC

 

 

By:       Peachtree Equity Investment Management, Inc.

            By:    /s/ Matthew J. Sullivan                                          
            Name:  Matthew J. Sullivan
           Title:     Chief Executive Officer

 

 

 

Date: February 17, 2004

 

 

    /s/ Matthew J. Sullivan                                         

 

Matthew J. Sullivan

 

 

 

Date: February 17, 2004

 

 

 /s/ Lawrence J. DeAngelo                          

 

Lawrence J. DeAngelo

Page 9 of 9 Pages


 

EXHIBIT I

JOINT FILING AGREEMENT and POWER OF ATTORNEY

                Pursuant to Rule 13d-1(k), the undersigned hereby agree that the attached Schedule 13G (including any amendments thereto) is filed by behalf of each of them.

                Each of the undersigned hereby makes, constitutes, and appoints Matthew J. Sullivan, Lawrence J. DeAngelo, and David N. Christopher and each of them acting alone, their true and lawful attorney-in-fact, with full power of substitution and resubstitution, for it in any and all capacities to execute and cause to be filed with the Securities and Exchange Commission any and all amendments to this Schedule 13G, together with exhibits to any such amendments and other documents in connection therewith, and hereby ratifies and confirms all that said attorney-in-fact or said attorney-in-fact’s substitute or substitutes may do or cause to be done by virtue hereof.

 

Date: February 17, 2004

 

 

PEACHTREE EQUITY INVESTMENT
MANAGEMENT, INC.

 

 

By:      /s/ Matthew J. Sullivan                                         
Name:     Matthew J. Sullivan
Title:       Chief Executive Officer

 

 

 

Date: February 17, 2004

 

 

WCI (PRIVATE EQUITY) LLC

 

 

By:          Peachtree Equity Investment Management, Inc.

                By:    /s/ Matthew J. Sullivan                                         
                Name:     Matthew J. Sullivan
                Title:       Chief Executive Officer

 

 

 

Date: February 17, 2004

 

 

 
    /s/ Matthew J. Sullivan                                         

 

Matthew J. Sullivan

 

 

 

Date: February 17, 2004

 

 

    /s/ Lawrence J. DeAngelo                                          

 

Lawrence J. DeAngelo

 

Date: February 17, 2004

 

Additional Files
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0001107049-04-000133.txt   Complete submission text file   64193

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