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Filing# 175488689 E-Filed 06/16/2023 11:27:14 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE22011650
PALM AVENUE HIALEAH TRUST,
PLAINTIFF(s),
V
VASHANTISHAH,
DEFENDANT(s).
i
John Penson, Esquire Daniel W. Bialczak, Esquire
John L. Penson, P.A. Korte & Associates, LLC
1900 Sunset Harbour Dr., Annex -
2nd Floor 2655 N. Ocean Dr., Ste 400
Miami Beach, FL 33139 Singer Island,FL 33404
Email: john@pensonlaw.org; Email: dan@kortepa.com;
service@kortepa.com
pensonservice@gmail.com
NOTICE OF MEDIATION
YOU ARE HEREBY NOTIFIED, pursuant to the agreement of the parties and the provisions of Florida
Statutes Chapter 44, that a Mediation Conference has been scheduled as follows:
Mediator: Lance A. Harke
Mediation Date: July 11,1013
Mediation Time: 10:00 a.m.
Mediation Location: Zoom Video Conference
Time Reserved: 1.00 Hours
The terms and provisions of the confirmation letter accompanying this Notice of Mediation are hereby incorporated
by reference into this Notice of Mediation.
If you are a person with a disability who needs any accommodation in order to participatein this proceeding, you are
entitled to the provision of certain assistance at no cost to you. Please contact the ADA Coordinator in the
Administrative office of Upchurch Watson White & Max, 125 S. Palmetto Avenue, Daytona Beach, FL 32114,
Telephone 386-253-1560 or 800-264-2622, within two (2) working days of receiptof this Notice of Mediation.
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Mediation has been served
by e-mail to the above named addressees on Friday, June 16,2023.
UPCHURCH WATSON WHITE & MAX
One Biscayne Tower
2 South Biscayne Boulevard, Suite 2030
Miami, FL 33131
Phone: 305-266-1224 / Fax: 305-640-8447
Toll Free: 800-863-1462
Website: www.uww-adr.com
BY:
Lance A. Harke, Esquire
FL Bar No. 863599
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/16/2023 11:27:14 AM.****
Royal Palm II at Southpointe
One Biscayne Tower
2 South Biscayne Boulevard, Suite
2030
Miami, FL 33131
Upchurch NVatson NVhite & Max Telephone: 305-266-1224
MEDIATION GROUP Toll Free: 800-863-1462
Facsimile: 305-640-8447
Website: www.uww-adr.com
VIA E-MAIL
RE: PALM AVENUE HIALEAH TRUST VS SHAH
Case #: CACE22011650
FILE #: 23LAH-029
Dear Counsel:
We greatlyappreciateyour confidence and trust in choosing Lance A. Harke as your mediator.
To address your anticipatedquestionsand avoid any possiblemisunderstandings,we are writing
to confirm and clearlyset forth the terms and conditions of Mr. Harke's engagement and the
manner in which the mediation shall be conducted.
Conduct of mediation: Unless otherwise agreed by the partiesor ordered by the Court, this
mediation shall be conducted according to all applicable Florida Statutes and Rules. This
and immunity. Mr. Harke shall
includes all protectionsof privilege,confidentiality,
specifically
serve as an independentmediator and will not provide legalrepresentation
or legaladvice to any
mediation participant.
Interpreter: Should your client or any mediation participant
requirean interpreter, please make
the necessary arrangements in advance for an interpreter's
presence at the time of mediation.
Mediation Fee: The mediation fee is calculated based upon Mr. Harke's billingrate, the time
reserved,and any pre-mediationor post-mediation time he spends on this matter. There is a four
hour minimum charge for all mediations held in Broward County, Miami-Dade County and Palm
Beach County. There is NO administrative charge. For mediations held north of Palm Beach
County, there may be a charge for travel time depending on the location and actual length of the
mediation.
Mediation Fees and Costs Class/Mass Actions: The fees for mediation services where
class/mass actions are alleged and/or asserted will be invoiced at a day rate of $7,500 to be
divided equally between the partieswho participatein the mediation process, or as otherwise
agreed.Mass actions are those mediations having in excess of ten (10) claimants. The day rate
will include all services rendered by Mr. Harke includingcoordination, pre-mediationcaucuses,
preparation,travel,and conduct of the mediation. Expenses associated with the mediation travel,
which may include airfare,hotel,ground transportation and meals will be billed separately.
Post
mediation services will be invoiced at the hourly rate of $475 to be divided equallybetween the
parties.
Allocation of Fees &
Payment: Unless otherwise agreed,the mediation fees and costs shall be
in the mediation. Payment is due upon your
divided equally among the partiesparticipating
receiptof our bill. While our bill may be subjectto reimbursement from your client to you, or
even forwarded to your client for direct payment, our relationsh* is with you, and we look to
you to secure payment.
-HourlyBillingRate: A mediation will be billed at the hourly rate of $475 per hour, divided
equallyamong the parties.
Mediation Summaries: Mr. Harke will review any documents and materials you may regard as
relevant. We request that you provide this office with copiesof such materials togetherwith a
case summary at least ten (10) days priorto the mediation.
Cancellation: Cancellation of cases scheduled for four or more hours placesan undue burden on
the mediator because we have reserved this time and date exclusivelyfor your case. As a result,
we must receive a written or e-mail notice of cancellation at least three days before the mediation
date for cases scheduled for four or more hours. If the mediation is cancelled less than three
days before the scheduled mediation conference date, you may be subject to a cancellation
charge equal to one-half of your share of the per-party charge for the time reserved. All
scheduled cases, even reserved for less than four hours, that are cancelled less than two days
if
before the mediation may be subject to a reasonable cancellation charge based upon the
circumstances.
Please call me at 954-423-8856 should you have any questions,or you may contact Mr. Harke
at
directly 305-502-8273.
We appreciateyour bringing this matter to us and look forward to working with you toward a
resolution.
mutually satisfactory
Cordially,
-
Heidi Cohen
EA-/
6'VeA.F
Mediation Case Manager
Upchurch Watson White & Max
hcohen@uww-adr.com
Please note: Please be advised that Lance Harke and other UWWM Neutrals and Mediators receive administrative
support services, including scheduling, billing,and staff support by Veritext, LLC, its subsidiaries or affiliates.
Veritext, LLC and its affiliates (includingLitigation
Services and Technologies of Florida, LLC) are nationwide
providersof court reportingservices with plans for future development in ADR and other litigation
support
programs for law and litigation
firms, insurance companies, corporations, Neutrals
participants. and Mediators with
UWWM are independent contractors with no financial interest or involvement in any other litigationsupport
services provided or to be provided by Veritext, LLC or its affiliates.
MIAMI 0 FORT LAUDERDALE 0 WEST PALM BEACH 0 ORMOND BEACH 0 MAITLAND/ORLANDO 0 OCALA 0 JACKSONVILLE 0 BIRMINGHAM
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Filing# 175488689 E-Filed 06/16/2023 11:27:14 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE22011650 PALM AVENUE HIALEAH TRUST, PLAINTIFF(s), V VASHANTISHAH, DEFENDANT(s). i John Penson, Esquire Daniel W. Bialczak, Esquire John L. Penson, P.A. Korte & Associates, LLC 1900 Sunset Harbour Dr., Annex - 2nd Floor 2655 N. Ocean Dr., Ste 400 Miami Beach, FL 33139 Singer Island,FL 33404 Email: john@pensonlaw.org; Email: dan@kortepa.com; service@kortepa.com pensonservice@gmail.com NOTICE OF MEDIATION YOU ARE HEREBY NOTIFIED, pursuant to the agreement of the parties and the provisions of Florida Statutes Chapter 44, that a Mediation Conference has been scheduled as follows: Mediator: Lance A. Harke Mediation Date: July 11,1013 Mediation Time: 10:00 a.m. Mediation Location: Zoom Video Conference Time Reserved: 1.00 Hours The terms and provisions of the confirmation letter accompanying this Notice of Mediation are hereby incorporated by reference into this Notice of Mediation. If you are a person with a disability who needs any accommodation in order to participatein this proceeding, you are entitled to the provision of certain assistance at no cost to you. Please contact the ADA Coordinator in the Administrative office of Upchurch Watson White & Max, 125 S. Palmetto Avenue, Daytona Beach, FL 32114, Telephone 386-253-1560 or 800-264-2622, within two (2) working days of receiptof this Notice of Mediation. I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Mediation has been served by e-mail to the above named addressees on Friday, June 16,2023. UPCHURCH WATSON WHITE & MAX One Biscayne Tower 2 South Biscayne Boulevard, Suite 2030 Miami, FL 33131 Phone: 305-266-1224 / Fax: 305-640-8447 Toll Free: 800-863-1462 Website: www.uww-adr.com BY: Lance A. Harke, Esquire FL Bar No. 863599 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/16/2023 11:27:14 AM.**** Royal Palm II at Southpointe One Biscayne Tower 2 South Biscayne Boulevard, Suite 2030 Miami, FL 33131 Upchurch NVatson NVhite & Max Telephone: 305-266-1224 MEDIATION GROUP Toll Free: 800-863-1462 Facsimile: 305-640-8447 Website: www.uww-adr.com VIA E-MAIL RE: PALM AVENUE HIALEAH TRUST VS SHAH Case #: CACE22011650 FILE #: 23LAH-029 Dear Counsel: We greatlyappreciateyour confidence and trust in choosing Lance A. Harke as your mediator. To address your anticipatedquestionsand avoid any possiblemisunderstandings,we are writing to confirm and clearlyset forth the terms and conditions of Mr. Harke's engagement and the manner in which the mediation shall be conducted. Conduct of mediation: Unless otherwise agreed by the partiesor ordered by the Court, this mediation shall be conducted according to all applicable Florida Statutes and Rules. This and immunity. Mr. Harke shall includes all protectionsof privilege,confidentiality, specifically serve as an independentmediator and will not provide legalrepresentation or legaladvice to any mediation participant. Interpreter: Should your client or any mediation participant requirean interpreter, please make the necessary arrangements in advance for an interpreter's presence at the time of mediation. Mediation Fee: The mediation fee is calculated based upon Mr. Harke's billingrate, the time reserved,and any pre-mediationor post-mediation time he spends on this matter. There is a four hour minimum charge for all mediations held in Broward County, Miami-Dade County and Palm Beach County. There is NO administrative charge. For mediations held north of Palm Beach County, there may be a charge for travel time depending on the location and actual length of the mediation. Mediation Fees and Costs Class/Mass Actions: The fees for mediation services where class/mass actions are alleged and/or asserted will be invoiced at a day rate of $7,500 to be divided equally between the partieswho participatein the mediation process, or as otherwise agreed.Mass actions are those mediations having in excess of ten (10) claimants. The day rate will include all services rendered by Mr. Harke includingcoordination, pre-mediationcaucuses, preparation,travel,and conduct of the mediation. Expenses associated with the mediation travel, which may include airfare,hotel,ground transportation and meals will be billed separately. Post mediation services will be invoiced at the hourly rate of $475 to be divided equallybetween the parties. Allocation of Fees & Payment: Unless otherwise agreed,the mediation fees and costs shall be in the mediation. Payment is due upon your divided equally among the partiesparticipating receiptof our bill. While our bill may be subjectto reimbursement from your client to you, or even forwarded to your client for direct payment, our relationsh* is with you, and we look to you to secure payment. -HourlyBillingRate: A mediation will be billed at the hourly rate of $475 per hour, divided equallyamong the parties. Mediation Summaries: Mr. Harke will review any documents and materials you may regard as relevant. We request that you provide this office with copiesof such materials togetherwith a case summary at least ten (10) days priorto the mediation. Cancellation: Cancellation of cases scheduled for four or more hours placesan undue burden on the mediator because we have reserved this time and date exclusivelyfor your case. As a result, we must receive a written or e-mail notice of cancellation at least three days before the mediation date for cases scheduled for four or more hours. If the mediation is cancelled less than three days before the scheduled mediation conference date, you may be subject to a cancellation charge equal to one-half of your share of the per-party charge for the time reserved. All scheduled cases, even reserved for less than four hours, that are cancelled less than two days if before the mediation may be subject to a reasonable cancellation charge based upon the circumstances. Please call me at 954-423-8856 should you have any questions,or you may contact Mr. Harke at directly 305-502-8273. We appreciateyour bringing this matter to us and look forward to working with you toward a resolution. mutually satisfactory Cordially, - Heidi Cohen EA-/ 6'VeA.F Mediation Case Manager Upchurch Watson White & Max hcohen@uww-adr.com Please note: Please be advised that Lance Harke and other UWWM Neutrals and Mediators receive administrative support services, including scheduling, billing,and staff support by Veritext, LLC, its subsidiaries or affiliates. Veritext, LLC and its affiliates (includingLitigation Services and Technologies of Florida, LLC) are nationwide providersof court reportingservices with plans for future development in ADR and other litigation support programs for law and litigation firms, insurance companies, corporations, Neutrals participants. and Mediators with UWWM are independent contractors with no financial interest or involvement in any other litigationsupport services provided or to be provided by Veritext, LLC or its affiliates. MIAMI 0 FORT LAUDERDALE 0 WEST PALM BEACH 0 ORMOND BEACH 0 MAITLAND/ORLANDO 0 OCALA 0 JACKSONVILLE 0 BIRMINGHAM