UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF NEW JERSEY 

-----------------------------X 

UTSCH'S MARINA, INC. 

Plaintiff, 

vs. 

MOTOR VESSEL, "POPS WAY", A 1976 

26' PENNY AM, BEARING HULL ID 

NUMBER PYB26144M75G & 

REGISTRATION NUMBER NJ4159AK, 

HER ENGINES, TACKLE, APPAREL & 

HER APPURTENANCES IN REM & 

LARRY BESA IN PERSONAM ETAL 

Defendants 

CIVIL ACTION NUMBER 

1: 11-CV -04056-RMB-JS 

IN ADMIRALTY 

AFFIDAVIT BY PLAINTIFF'S 

ATTORNEY IN SUPPORT 

OF MOTION TO CONFIRM 

INTERLOCUTORY SALE OF THE 

FOLLOWING VESSELS 

MN, POPS WAY; 

MN, 25'GRADY WHITE; 

MN, GOLDEN GAFF; 

MN, GRABBENFISH; 

MN, 29'LUHRS; 

SN, MISS MILLIE; 

MN, 34' SILVERTON; 

MN, NEVER ENOUGH; 

MN, MAVERICK 

MN, CHILLIN OUT 

I, EUGENE J. McDONALD, being duly sworn upon my oath, depose and say: 

1. I am the attorney for the Plaintiff, UTSCH'S MARINA, INC., in the above-captioned 

matter and make this Affidavit for and on behalf of Plaintiff in support of this application for 

confirmation of sale. 

2. This Court entered an Order for Interlocutory Sale herein of the following Defendant 

Vessels, ( 1 through 10) on August 24,2012 (Document# 85). Plaintiff, UTSCH'S MARINA, 

INC., by its attorney, applies to this Court for an Order confirming the sale by the United States 

Marshal for the District ofNew Jersey of the following Defendant Vessels: 

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1. MOTOR VESSEL, "POPS WAY", A 1976, 26' PENN YAN, Bearing Hull ID 

Number PYB26144M75G & Registration Number NJ4159AK, Her Engines, 

Tackle, Apparel & Her Appurtenances, & 

2. MOTOR VESSEL, 1991, 25' Grady White, Bearing Hull ID Number 

NTLCB508J091 and Registration Number NJ8418FS, Her Engines, Tackle, 

Apparel & Her Appurtenances, & 

3. MOTOR VESSEL, "Golden Gafr', a 1998, 27' 8" Bayliner, Bearing Hull ID 

Number USCA278CK798 Registration Number NJ5671GH,Her Engines, Tackle, 

Apparel & Her Appurtenances, & 

4. MOTOR VESSEL, "Grabbenfish", a 1971, 28' Pacemaker, Bearing 

Registration Number NJ2399FJ, Her Engines, Tackle, Apparel & Her 

Appurtenances, & 

5. MOTOR VESSEL, 1986, 29' Luhrs, Bearing Hull ID Number LHR290026586, 

Registration Number PA6439CH, Her Engines Tackle, Apparel & Her 

Appurtenances, & 

6. SAILING VESSEL, " Miss Millie, a 1978 27' Buccaneer Sailboat, Bearing Hull 

ID Number BLBE97971077-8Z & Registration Number NJ 7363CA, and trailer 

bearing Tag Number TUA 705, Her Shorelander Trailer, Her Engines, Tackle, 

Apparel & Her Appurtenances, & 

7. MOTOR VESSEL, A 34' SILVERTON, Bearing Hull ID Number 

STN02318M80E34C & Registration NumberNJ5687WK, Her Engines, Tackle, 

Apparel & Her Appurtenances, & 

8. MOTOR VESSEL, "NEVER ENOUGH", A 1975 30' TROJAN, Bearing Hull 

ID Number TRJ052631074 & Registration Number NJ5320FH, Her Engines, 

Tackle, Apparel & Her Appurtenances, & 

9. MOTOR VESSEL,"MAVERICK", A 1986 34' Silverton, Bearing Hull ID Number 

STN34267H485 & Registration Number NJ8450FB, Her Engines, Tackle, Apparel & 

Her Appurtenances, & 

10. MOTOR VESSEL, "CHILLIN OUT", a 25' Parker, Bearing Hull ID Number 

PXM25572K990 & Registration Number NJ0439FO, Her Engines, Tackle, 

Apparel & Her Appurtenances, 

after giving public notice by publication of the sale in the form and manner required by 

said Order, and as required by law, in The Press of Atlantic City a newspaper of general 

circulation, once a day for six (6) consecutive days before the sale. 

3. The sale ofthe above Defendant Vessels, 1 through 10 was duly and regularly 

conducted by Anne Marie Leone, Deputy United States Marshal, as advertised and as 

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provided in said Order, on September 20,2012, at UTSCH'S MARINA, INC., 1121 Rt. 

109, Schellengers Landing, Cape May, NJ 08204. 

4. I attended the Marshal's sale on behalf of Plaintiff, UTSCH'S MARINA, INC. 

Beside myself as Plaintiff's representative, Deputy US Marshal Leone, Ernest Utsch, 

President ofUTSCH'S MARINA, INC., and marina personal, I observed approximately 

24 members of the general public in attendance; 

5. Deputy U.S. Marshal Leone arrived before the appointed time of 10:00 AM.to 

allow time for potential Bidder's to inspect the Vessels and fill out the requisite "Bidder 

Registration Form". 

6. Thereafter, the Undersign, along with Deputy U.S. Marshal Leone, Ernest 

Utsch, and the approximate 24 members of the general public gathered into a large open 

area bay/repair shop where the actual auction began at approximately 10:30 AM., and 

ended at 11:35 AM, as advertised and as provided in said Order. 

7. Ofthe approximate 24 members ofthe general public in attendance, Fourteen 

(14) were actual bidders. Attached as Exhibit A are the Fourteen (14) "Bidder 

Registration Form(s)". The following is a list ofthe ten (10) defendant vessels, and the 

successful bidder and the dollar amount: 

1.MOTOR VESSEL, "POPS WAY", A 1976, 26' PENN YAN, Bearing Hull 

ID Number PYB26144M75G & Registration Number NJ4159AK, Her Engines, Tackle, 

Apparel & Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit 

bid", of$ 500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of the 

plaintiff, & 

2.MOTOR VESSEL, 1991, 25' Grady White, Bearing Hull ID Number 

NTLCB508J091 and Registration Number NJ8418FS, Her Engines, Tackle, Apparel & 

Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit bid", of$ 

500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of the plaintiff, & 

3.MOTOR VESSEL, "Golden Gaff', a 1998, 27' 8" Bayliner, Bearing Hull ID 

Number USCA278CK798 Registration Number NJ5671 GH,Her Engines, Tackle, 

Apparel & Her Appurtenances, to Mr. Bruce E. Powell of Bala Cynwyd, Pa., on his "cash 

bid", of$9,000.00, (Nine Thousand, Dollars and 00/100 Cents), & 

3 

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4.MOTOR VESSEL, "Grabbenfish", a 1971, 28' Pacemaker, Bearing 

Registration Number NJ2399FJ, Her Engines, Tackle, Apparel & Her Appurtenances, to 

the Plaintiff, UTSCH'S MARINA, INC., on its "credit bid", of$ 500.00, (Five Hundred 

Dollars), by Eugene J. McDonald on behalf of the plaintiff, & 

5.MOTOR VESSEL, 1986, 29' Luhrs, Bearing Hull ID Number 

LHR290026586, Registration Number PA6439CH, Her Engines Tackle, Apparel & Her 

Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit bid", of$ 

500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of the plaintiff, & 

6.SAILING VESSEL, " Miss Millie, a 1978 27' Buccaneer Sailboat, Bearing 

Hull ID Number BLBE97971077-8Z & Registration Number NJ 7363CA, and trailer 

bearing Tag Number TUA 705, Her Shorelander Trailer, Her Engines, Tackle, Apparel & 

Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit bid", of$ 

500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of the plaintiff, & 

7.MOTOR VESSEL, A 34' SILVERTON, Bearing Hull ID Number 

STN02318M80E34C & Registration Number NJ5687WK, Her Engines, Tackle, 

Apparel & Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit 

bid", of$4,500.00, (Four Thousand Five Hundred Dollars and 00/100 Cents), by Eugene 

J. McDonald on behalf of the plaintiff, & 

8.MOTOR VESSEL, "NEVER ENOUGH", A 1975 30' TROJAN, Bearing 

Hull ID Number TRJ052631 074 & Registration Number NJ5320FH, Her Engines, 

Tackle, Apparel & Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its 

"credit bid", of$ 500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of 

the plaintiff, & 

9.MOTOR VESSEL,"MAVERICK", A 1986 34' Silverton, Bearing Hull ID 

Number STN34267H485 & Registration Number NJ8450FB, Her Engines, Tackle, 

Apparel & Her Appurtenances, to Mr. Keith Perkins of West Chester, Pa., on his "cash 

bid", of$6,000.00, (Six Thousand Dollars and 00/100 Cents), & 

10.MOTOR VESSEL, "CHILLIN OUT", a 25' Parker, Bearing Hull ID 

Number PXM25572K990 & Registration Number NJ0439FO, Her Engines, Tackle, 

Apparel & Her Appurtenances, to Mr. Raymond J. Small, Jr. of Fishing Creek, NJ, on his 

"cash bid", of$4,500.00, (Four Thousand, Five Hundred Dollars and 00/100 Cents), and 

respectfully states as follows: 

8. Attached as Exhibit Bare: Form USM 285, U.S. Marshalls Service Purchaser 

Signature Form, & U.S. Marshalls Service List of Bidders, (as tabulated by Deputy 

United States Marshal Leone), for each ofthe successful bidders, for each of the 

defendant vessels sold by Deputy U.S. Marshal Leone. 

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9. All three (Public/Cash) bidders, Mr. Bruce E. Powell, Mr. Keith Perkins, and 

Mr. Raymond J. Small, Jr. have paid in full, by way Certified and/or Bank checks drawn 

on a New Jersey Bank, per Order of Sale. The Certified and/or Bank checks were taken 

by Deputy U.S. Marshal Leone for deposit with the Marshall. 

10. Attached as Exhibit C, are copies of"Receipt for Cash-Subvoucher(s)" given 

to: (1), Mr. Bruce E. Powell ofBala Cynwyd, Pa., on his "cash bid", of$9,000.00 for the 

No.3 M/V listed above, the MOTOR VESSEL, "Golden Gaff', a 1998, 27' 8" Bayliner; 

(2), given to Mr. Keith Perkins of West Chester, Pa., on his "cash bid", of$6,000.00, for 

the No.9 MN listed above, the MOTOR VESSEL,"MA VERICK", A 1986 34' Silverton 

MOTOR VESSEL, and (3),given to Mr. Raymond J. Small, Jr. of Fishing Creek, NJ, on 

his "cash bid", of$4,500.00, for the No. 10 M/V listed above, the MOTOR VESSEL, 

"CHILLIN OUT", a 25' Parker, by Deputy United States Marshal Leone. 

11. The above stated "credit bids" by the Undersigned on behalf the plaintiff 

Utsch and "cash bids" of Messrs. Powell, Perkins, and Small were the highest bid for 

each ofthe vessel. [See U.S. Marshalls Service List of Bidders, as tabulated by Deputy U 

S Marshal Leone, for each of the successful bidders, for each of the defendant vessels 

which are part of Exhibit C.]. 

12. Since said sale, I have received no oral or written objections from any 

person(s) contending that the sale the above Defendant Vessels, (1 through 10) was not 

adequately advertised. 

13. The undersigned is advised and represents to the Court that each bid 

represents a fair and reasonable price for each of the said vessel, its engines, boilers, 

machinery, tackle, apparel, furniture and equipment, considering their present condition. 

I make this Affidavit in support ofplaintiffUTSCH'S MARINA, INC., Motion 

for an Order confirming the Marshall Sale of the above ten (10) defendant vessels as 

follows: 

l.MOTOR VESSEL, "POPS WAY", A 1976, 26' PENN YAN, Bearing Hull 

ID Number PYB26144M75G & Registration Number NJ4159AK, Her Engines, Tackle, 

5 

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Apparel & Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit 

bid", of$ 500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of the 

plaintiff, & 

2.MOTOR VESSEL, 1991, 25' Grady White, Bearing Hull ID Number 

NTLCB508J091 and Registration Number NJ8418FS, Her Engines, Tackle, Apparel & 

Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit bid", of$ 

500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of the plaintiff, & 

3.MOTOR VESSEL, "Golden Gaff', a 1998, 27' 8" Bayliner, Bearing Hull ID 

Number USCA278CK798 Registration Number NJ5671GH,Her Engines, Tackle, 

Apparel & Her Appurtenances, to Mr. Bruce E. Powell of Bala Cynwyd, Pa., on his "cash 

bid", of$9,000.00, (Nine Thousand, Dollars and 00/100 Cents), & 

4.MOTOR VESSEL, "Grabbenfish", a 1971, 28' Pacemaker, Bearing 

Registration Number NJ2399FJ, Her Engines, Tackle, Apparel & Her Appurtenances, to 

the Plaintiff, UTSCH'S MARINA, INC., on its "credit bid", of$ 500.00, (Five Hundred 

Dollars), by Eugene J. McDonald on behalf of the plaintiff, & 

5.MOTOR VESSEL, 1986, 29' Luhrs, Bearing Hull ID Number 

LHR290026586, Registration Number PA6439CH, Her Engines Tackle, Apparel & Her 

Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit bid", of$ 

500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of the plaintiff, & 

6.SAILING VESSEL, " Miss Millie, a 1978 27' Buccaneer Sailboat, Bearing 

Hull ID Number BLBE97971077-8Z & Registration Number NJ 7363CA, and trailer 

bearing Tag Number TUA 705, Her Shorelander Trailer, Her Engines, Tackle, Apparel & 

Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit bid", of$ 

500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of the plaintiff, & 

7.MOTOR VESSEL, A 34' SILVERTON, Bearing Hull ID Number 

STN02318M80E34C & Registration Number NJ5687WK, Her Engines, Tackle, 

Apparel & Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its "credit 

bid", of$4,500.00, (Four Thousand Five Hundred Dollars and 00/100 Cents), by Eugene 

J. McDonald on behalf of the plaintiff, & 

8.MOTOR VESSEL, "NEVER ENOUGH", A 1975 30' TROJAN, Bearing 

Hull ID Number TRJ052631074 & Registration Number NJ5320FH, Her Engines, 

Tackle, Apparel & Her Appurtenances, to the Plaintiff, UTSCH'S MARINA, INC., on its 

"credit bid", of$ 500.00, (Five Hundred Dollars), by Eugene J. McDonald on behalf of 

the plaintiff, & 

9.MOTOR VESSEL,"MAVERICK", A 1986 34' Silverton, Bearing Hull ID 

Number STN34267H485 & Registration Number NJ8450FB, Her Engines, Tackle, 

Apparel & Her Appurtenances, to Mr. Keith Perkins of West Chester, Pa., on his "cash 

bid", of $6,000.00, (Six Thousand Dollars and 00/100 Cents), & 

6 

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10.MOTOR VESSEL, "CHILLIN OUT", a 25' Parker, Bearing Hull ID 

Number PXM25572K990 & Registration Number NJ0439FO, Her Engines, Tackle, 

Apparel & Her Appurtenances, to Mr. Raymond J. Small, Jr. of Fishing Creek, NJ, on his 

"cash bid", of$4,500.00, (Four Thousand, Five Hundred Dollars and 00/100 Cents), & 

for an Order, directing Juan Mattos, United States Marshal, for the District of New Jersey 

issue Bills of Sale for the of the above ten (10) defendant vessels to UTSCH'S MARINA, 

INC., Mr. Bruce E. Powell, Mr. Keith Perkins, and Mr. Raymond J. Small, Jr. for their 

respective vessels they purchased at the sale. The above stated facts are true to the best of 

my knowledge, and belief. I am aware that if any of the above stated facts are willfully 

false, I am subject to punishment. 

Dated: September 24, 2011 

Sworn and subscribed before me this 241

h 

day of September, 2012 /! 

if/via JY? fi)C/).a' lui(~ ' Linda M. MtD~ld 

Notary Public State ofNew Jersey 

ID No. 2197485 

Commission Expires 3/18/2012 

EUGENE J. McDONALD, ESQ. 

1 70 Broad Street 

Matawan, NJ 07747 

Telephone: 732-583-8485 

Attorney for Plaintiff 

UTSCH'S MARINA, INC., 

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