, 

CIVIL ACTION NUMBER

Plaintiff, 1:11-CV-04056-RMB-JS

IN ADMIRALTY

VS. ORDER FOR

INTERLOCUTORY SALE OF THE

FOLLOWING VESSELS

MOTOR VESSEL, “POPS WAY”, A M/V, POPS WAY;

1976 26’ PENN YAM, BEARING HULL M/V, 25’GRADY WHITE;

ID NUMBER PYB26144M75G & WV, GOLDEN GAFF;

REGISTRATION NUMBER NJ4159AK, WV, GRABBENFISH;HER ENGINES, TACKLE, APPAREL & M/V, 29’LUHRS;HER APPURTENANCES IN REM & S/V, MISS MILLIE;

LARRY BESA IN PERSONAM ETAL M/V, 34’ SILVERTON;

WV, NEVER ENOUGH;

WV, MAVERICK

Defendants M/V, CHILLIN OUT

WHEREAS, Plaintiff, UTSCH’S MARINA, INC., filed this action on July 15,

2011, and

WHEREAS, the United States Marshall arrested the following “Vessels” on July

29, 2011:

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

NTLCB5O8JO91 and Registration Number NJ8418FS, Her Engines,

Tackle, Apparel & Her Appurtenances, &

1
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

5TNO2318M80E34C & Registration Number NJ5687WK, Her Engines,

Tackle, Apparel & Her Appurtenances, &

8. MOTOR VESSEL, “NEVER ENOUGH”, A 1975 30’ TROJAN, Bearing

Hull ID Number TRJO52631074 & Registration Number NJ5320FH, Her

Engines, Tackle, Apparel & Her Appurtenances

9. MOTOR VESSEL,”MAVERICK”, A 1986 34’ Silverton, Bearing Hull ID

Number STN34267H485 & Registration Number NJ845OFB, Her Engines,

Tackle, Apparel & Her Appurtenances.

10. MOTOR VESSEL, “CHILLIN OUT”, a 25’ Parker, Bearing Hull ID

Number PXM25572K990 & Registration Number NJ0439F0, HerEngines, Tackle, Apparel & Her Appurtenances, and

WHEREAS,

1. LARRY BESA, owner of Defendant M/V”POPS WAY”, A 1976, 26’ PENN

YAN, has not posted security, and

2. JOSEPH FEDELE, Jr., owner of Defendant M/V 1991 25’ Grady White, has not

posted security, and

3. DAVID GOLDEN, owner of Defendant M/V 1998 27’ 8” Bayliner has not

posted security, and

4. ROBERT GRABENSTETTER, owner of Defendant M/V 1971 28’ Pacemaker,

has not posted security, and
security, and

8. ROBERT OBERHOLTZER, owner of Defendant M/V “NEVER ENOUGH”,

has not posted security, and

9. NORLYNN RITTER, owner of Defendant MIV”MAVERICK”, has not posted

security, and

10. ROD THOMPSON, ALSO KNOWN AS RODMAN E. THOMPSON,

RODMAN ELLISON THOMPSON, R. ELLISON THOMPSON, R. E.

THOMPSON, R. THOMPSON owner of Defendant M/V “Chillin Out”. a 25’

Parker, has not posted security, and

WHEREAS, it appears that the “Vessels” are liable to depreciate in value while

detained in custody pending the final determination of this suit, and that said “Vessels”

are subject to mounting expenses which are, or will become, excessive ordisproportionate, and that further unnecessary expenses will be incurred for the

maintenance and preservation of the “Vessels” while they are in the custody of the

Marshall, and

WHEREAS, it further appears that it is in the best interest of all parties that the

sale of the “Vessels” be made promptly in order to avoid depreciation to the “Vessels,”

and to avoid unnecessary, excessive, and disproportionate expenses in the preservation

and maintenance thereof; and

NOW, on reading the papers submitted herein, upon Motion of Eugene J.

McDonald, Esq., Attorney for the Plaintiff, UTSCH’S MARINA, INC., it is hereby

3
apparel and tackle, machinery masts, and spars, anchors, rigging, and boats, furniture,

equipment and supplies, etc., on notice published in the Press of Atlantic City a

newspaper of general circulation in South Jersey, for six consecutive days prior to the

sale, to the highest and best bidder, said sale to take place

V kt, o-€ L4 ete

ORDERED AND ADJUDGED, the successful bidder shall pay a deposit of 10%

of the bid at the time and place of the sale, and shall pay the remaining 90% within 48

hours of confirmation of the sale by this Court, and all payments are to be made in cashor by cashier’s check expressed in currency of the United States; and it is hereby further

ORDERED AND ADJUDGED, that UTSCH’S MARINA, INC., be entitled to

bid on the indebtedness of Defendant(s) to UTSCH’S MARINA, INC., or on anydefault judgment it may obtain, or any part thereof, in lieu of cash at the public sale of

the “Vessels” and shall not be required to pay cash or other payment, either as a deposit

at the time of sale or as a balance of the purchase pric and it is hereby further

ORDERED AND ADJUDGED, that the Mars all shall be directed to give notice

of said public sale, to show in said notice the time an place where said sale will be

conducted and to show in said notice that prospectiv bidders may come on application

to the Marshal, at such times and in such manner as e may direct, board the said

Rflj rtSDrh 4jMs cts cI1

Sc4dL 4SE cVDJffi5
check, earnest money to at least ten (10%) percent of the bid price, the balance thereof to

he paid in cash or certified check within 48 hours of Court confirmation of the sale, and

Werehv further

ORDERED AND ADJUDGED, that all reasonable charges incurred by the

Marshal and the Court appointed Substitute Custodian with respect to maintenance,

custody and insurance of the “Vessels,” all charges incurred by UTSCH’S MARINA,

INC., costs of arrest, costs of storage, wharfage, dockage, security, maintenance of the

“Vessels,” towage, berth shifting, insurance and other miscellaneous expenses of the

“Vessels” while under arrest, and the cost of advertisement for sale by both the Marshal

and UTSCH’S MARINA, INC., shall be expenses of sale and will be taxed as costs of

custodian legis against the proceeds of sale; and it 4 hereby further

ORDERED AND ADJUDGED that the sale shall he subject to confirmation or

rejection by this

VSC5 M

bthe

ORDERED AND ADJUDGED, that if full payment is not made in conformity

with the above terms the deposit

shall he forfeited by the bidder; and it is hereby further
DJUDGED, that after this Court has confirmed the sale of

the “Vessels” and the purchasers have made full payment therefore, the United States

Marshall shall deliver a Bill of Sale for the “Vessels” their engines, apparel, tackle, etc.,

to the confirmed purchaser and said “Vessels” shall be conveyed by the United States

Marshal “as is, where is,” free and clear of all liens, claims, and encumbrances

whatsoever; and it is hereby further

ORDERED AND ADJUDGED, that the Marshal’s fees and expenses, including

any and all costs incurred in keeping the “Vessels” while under arrest and in

advertising and arranging the sale thereof, shall be deemed administrative expenses of

the Marshal; upon confirmation of the Marshal’s fees and expenses by this Court, the

Marshal is authorized to deduct said administrative expenses from the proceeds of the

sale of the “Vessels,” to refund deposits received from Plaintiff’s incident to the

“Vessels” arrest and custodianship, and to deposit the remainder of the proceeds with

the clerk of the court, pending final disposition of this action o further Order of the

Court.

O4U54

Dated: &day ofJ2012 at

Camden, New Jersey

ted States 44€4 Judge

Msrt4€

6