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HomeMy WebLinkAboutInv# 209182 - UNDERWOOD, KARCHER & KARCHER, P.A. - 09/22/2023IRS IN ACCOUNT WITH UNDERWOOD,KÄRCHER &KARCHER, ATTORNEYS AT LAW 760 N.E.7th Avenue Dania Beach,Florida 33004 954)356-6999 954)929-7800 Dania Beach Marina 151 N.Beach Rd. Dania Beach,FL 33004 Attn : CLIENT : MATTER : Dania Beach Marina Dania Beach Marina vs. SERVICES CHRISTINA" September Reference HOURS 59-142803! 202214, 209182 22123 AMOUNT 187.50 75. 37.50 75 DATE 06/21/22 06/22/22 07/08/22 07/14/22 07/18/22 HOURS 1.30 DATE 07/05/22 Prep of demand to James Gravey re:past dockage (via FedEx) E—mail to Gena P re:status of claim Receipt and review e—mail from Gena P re:return of Fedex next s 'tepsReceipt and review e—mail from Gena P;calls re:next steps Prep of documents to USCG SlJ1vnv1ARY OF SERVICES R.KARC'HER v 1 c MRK MRK MRK MRK MRK RATE 375.00 s 0.50 000.20 0.10 000.20 0.30 43.87 ÄMOUNT AMOUNT 43.87 EXPENSES Federal Express 6/21/22 FOR to James Graney PENS ES TOTAL FOR SERVICES AND EXPENSES AMOUNT DUE 487 .so 531.37 531.37 Dania Beach Marina 801 N.E. 3rd St. Dania Beach, FL 33004-3401 Phone: 954-926-7584 Fax: To:Home: Work: Cell: GUEST FOLIO 954-242-2208 HULL # 53 MY 351 Reservation # 284 Confirmed 12/2/16 Jennifer Check In: Check Out: Wednesday, 11/30/16 2:07PM Sunday, 7/31/22 11:59AM James Graney 1458 Chicago Ave. Evanston, IL 60201 Cristina 53' CreditsDescriptionDateQtyPriceChargesSpace 11/30/16 Daily Dockage Permanent DocksG 13 79.50 79.50 11/30/16 ElectricG 13 16.00 16.00 11/30/16 Sales Tax 6%G 13 4.77 4.77 11/30/16 Sales Tax 6%G 13 0.96 0.96 12/01/16 Electric -16.00G 13 12/01/16 Wet Storage Monthly DecemberG 13 900.00 900.00 12/01/16 Sales Tax 6%G 13 54.00 54.00 12/01/16 Sales Tax 6%-0.96G 13 12/06/16 Payment VI -1,038.27G 13 12/28/16 ElectricG 13 37.62 37.62 12/28/16 Sales Tax 6%G 13 2.26 2.26 01/06/17 Wet Storage Monthly January 2017G 13 900.00 900.00 01/06/17 Sales Tax 6%G 13 54.00 54.00 01/20/17 ElectricG 13 29.85 29.85 01/20/17 Sales Tax 6%G 13 1.79 1.79 02/02/17 Payment VI -1,194.06G 13 02/14/17 Wet Storage Floating Docks February 2017G 13 900.00 900.00 02/14/17 Sales Tax 6%G 13 54.00 54.00 02/20/17 Electric Metered Non TaxableG 13 125.57 125.57 03/01/17 Wet Storage Floating Docks March 2017G 13 900.00 900.00 03/01/17 Sales Tax 6%G 13 54.00 54.00 03/17/17 Electric Metered Non TaxableG 13 125.57 125.57 03/17/17 Payment VI -1,990.60G 13 04/01/17 Wet Storage Floating DocksG 13 900.00 900.00 04/01/17 Sales Tax 6%G 13 54.00 54.00 04/19/17 Electric Metered Non TaxableG 13 17.35 17.35 05/01/17 Wet Storage Floating DocksG 13 900.00 900.00 05/01/17 Sales Tax 6%G 13 54.00 54.00 05/10/17 Payment Check 7312 -1,000.00G 13 05/18/17 Payment Check 5940 -950.00G 13 05/19/17 Electric Metered Non TaxableG 13 31.82 31.82 06/01/17 Wet Storage Floating DocksG 13 900.00 900.00 06/01/17 Sales Tax 6%G 13 54.00 54.00 06/12/17 Payment #7313 -850.00G 13 1 Dania Beach Marina 801 N.E. 3rd St. Dania Beach, FL 33004-3401 Phone: 954-926-7584 Fax: To:Home: Work: Cell: GUEST FOLIO 954-242-2208 HULL # 53 MY 351 Reservation # 284 Confirmed 12/2/16 Jennifer Check In: Check Out: Wednesday, 11/30/16 2:07PM Sunday, 7/31/22 11:59AM James Graney 1458 Chicago Ave. Evanston, IL 60201 Cristina 53' CreditsDescriptionDateQtyPriceChargesSpace 06/19/17 Electric Metered Non TaxableG 13 134.89 134.89 07/01/17 Wet Storage Floating Docks JulyG 13 900.00 900.00 07/01/17 Sales Tax 6%G 13 54.00 54.00 07/14/17 Payment Check 7314 -950.00G 13 07/19/17 Electric Metered Non TaxableG 13 224.13 224.13 08/01/17 Wet Storage Floating DocksG 13 900.00 900.00 08/01/17 Sales Tax 6%G 13 54.00 54.00 08/22/17 Electric Metered Non TaxableG 13 260.81 260.81 08/28/17 Payment Check #9952 -1,000.00G 13 09/01/17 Wet Storage MonthlyG 13 900.00 900.00 09/01/17 Sales Tax 6%G 13 54.00 54.00 09/21/17 Electric Metered Non TaxableG 13 114.28 114.28 06/23/22 Attorney Fee Underwood, Karcher & KarcherG 13 675.00 675.00 09/14/22 Attorney Fee Underwood, Karcher & KarcherG 13 531.37 531.37 $2,963.65Balance Balance ---------------------------------------------------------------------------------------------------------------------------------------------- To: From: Dania Beach Marina 801 N.E. 3rd St. Dania Beach, FL 33004-3401 $2,963.65 Send to: To ensure proper credit, please include tear-off stub with payment. Thank you. 548.82 Reservation # 284 TaxSubtotal Total Credits 11,403.76 11,952.58 -8,988.93 12/02/16Reservation Date: James Graney 1458 Chicago Ave. Evanston, IL 60201 2 Dania Beach Marina 53'Hatteras "Cristina" Owner,James Graney Vessel arrived at Dania Beach Marina in November 2016.Customer continued to pay for dockage until September 2017,At that time customer stopped making payments.In September 2017*the boat sunk during a storm and had to be purnped out and raised.At that time,the Dock Master tried to contact the owner by telephone and e-mail with no reply.The vessel also received a violation sticker from the US Coast Guard. In November 2018 we turned 'the boat over to a Collections Company Stern,Morris &Morris who work along with Attorney Adam Luskin.We could not turn over to lien as we had no registration number for the boat and no signed agreernentx A registration number was found on the boat,and proved later to be incorrect.David Morris tried for a year to contact the owner but could not find him or receive any response.David Morris and Adam Luskin sent the owner a Notice of claim of intent in Sept 2020 to pay within 60 days orthe vessel would be auctioned*They heard nothing and set up an auction date in Jan, 2021*Right before auction they found that they had an incorrect Registration number and the auction was cancelled. In April 2021 we received a letter from Adam Luskinz Attorney that they had been unable to locate the owner James Graney and would not continue to represent us, Through 2021 we tried to have US Coast Guard investigate the boat,but they did not follow up. In May 2022 John Louis said to contact Maritime Attorney Michael Karcher to have him investigate and either collect payment,or have boat put in Dania Beach Marina's name* Gena Pisano From: Sent: Subject: mrk@ukandk.com Friday,July 8,2022 2:44 PM Gena Pisano Dania Beach Marina vs.M/Y LOChristina" Harbour Towne Marinar LLC Attn:Gena Pisano 801 N.E.Third Street Dania Beach,Florida 33004 Ret Dania Beach Marina vsn M/Y 'Christina" Hull Number 53MY351 Our File 22<23 Dear Gena: On June 21}2022 we FedExed our demands to Mrx James Graney at last known address.It was signed for by J,Bentley on June 22,2022.Since that date we have not heard anything further from him. Lets talk next week about going forward to taking possession of the M/Y 'Christina"and selling the boat Very truly yoursi Michael Karcher Karchen Canning &Karcher 760 NE 7th Ave Dania Beach,FL 33004 Phone:(954)856-6999 Fax: E Mail:mrk@UKandK.com 'This message and any attachments may contain privileged and confidential information,It is intended only for the use of the person(s)named above, If you are not the intended recipient you are hereby notified that any reviewä dissemination>distribution orduplicationofthiscommunicationisstrictlyprohibitedIfyouarenottheintended_recipient,please contact the sender by reply email and destroy all copies of the original message. 1 KARCHER,CANNING &KARCHER MARITIME AND LITIGATION ATTORNEYS Michael R.Karcher June 21,2022 Mr.James Graney 1458 Chicago Ave Evanston,IL 60201 Re:Dania Beach Marina -James Graney -M/Y Christina Official #539619 Dear Mr.Graney: By way of introduction,the undersigned law firm represents Dania Beach Marina with regard to the above-captioned matter.I am writing with regard to the outstanding invoices on the 53-foot Hatteras Christina.As you are aware,Daina Beach Marina has performed various services and provided dockage as set forth in the attached invoices which shows a balance of $67,080.78. As of this date,these invoices have not been paid and we are seeking payment on the attached invoices. Daina Beach Marina has provided services to the vessel in the amount of $67,791.78.This amount constitutes a maritime lien against the vessel as well as a personal obligation on the owners of the vessel.Daina Beach has tried to settle this matter with you.Despite these attempts,the full amount is still outstanding. As of this date,these services,approved by vessels representative/captain,remains outstanding.If Dania Beach Marina is not paid in the immediate future,we will take such steps to protect our client's rights and interests which could include filing a claim against you as owner and placing a lien upon the vessel,the vessel's document,the vessel's flag state registration,and with the U.S.Coast Guard or any other applicable authority or jurisdiction. Furthermore,should the lien not be paid,the vessel itself could be subject to seizure by the authorities such as the U.S.Marshal for the U.S.District Court where the vessel is located for failure to pay the stated lien for services or any such similar seizure in such other jurisdiction as the vessel may be located.These services constitute a direct obligation by the owners and operators as well as by the vessel,which would subject the vessel itself to seizure,forfeiture and sale to satisfy its obligations. This lien follows the vessel and remains with the vessel despite its location.It is an obligation of the vessel itself,it stays with the vessel even if the ownership were to change.Should the vessel be sold or transferred to a new owner or operator,it will remain as a lien on the vessel itself.Please govern yourself accordingly. 760 N.E.7th Avenue,Dania Beach,FL 33004 Telephone:(954)929-7800 Facsimile:(954)929-7799 Mr.James Graney Page 2 Furthermore,the vessel has remained at the dock for a period of years and without attention by owners.If we do not hear from you it may be presumed to be abandoned by its owners and disposed of by a non-judicial sale.This does not relieve owners of their obligation to pay for the dockage. Should you have any questions whatsoever,please feel free to contact the undersigned at any time.Nothing in this letter should be construed as a waiver of any of our client's rights or defenses at law or in admiralty. Very truly yours, KARCHER,CANNING &KARCHER Michael R.Karcher MICHAEL R.KARCHER MRK.•cf Enclosure 760 N.E.7th Avenue,Dania Beach,FL 33004 Telephone:(954)929-7800 Facsimile:(954)929-7799