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Filing # 93172374 E-Filed 07/25/2019 03:20:25 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
HARRY BIEBERSTEIN,
Plaintiff,
Vv. CASE NO. 17-CA-917
GABRIEL KIRCHBERGER, et al.,
Defendants.
/
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO
GOLDEN KEY PROPERTIES, LLC
Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla.R.Civ.P. 1.350, requests Defendant,
GOLDEN KEY PROPERTIES, LLC to produce the documents and/or tangible items described
herein within thirty (30) days of the service of this Request for the purpose of inspection and/or
copying, the following items. The production of documents is subject to the definitions and
instructions listed herein.
I. DEFINITIONS
1 As employed herein, “Defendant” and “you” or “your” shall refer to Defendant,
GOLDEN KEY PROPERTIES, LLC and all employees, contractors, agents and all other persons
acting on behalf of Defendant, GOLDEN KEY PROPERTIES, LLC.
2. “Documents” shall refer to all tangible items in your possession, custody or
control, including but not limited to, correspondence, e-mails, electronic communication,
memoranda, contracts, files, leases, agreements, closing statements, minutes, reports, records,
notes, telephone messages, long distance telephone call records, invoices, bills, books, schedules,
tabulations, accountants' work papers, diary entries, telegrams, telex communications,
56302456-2 Page 1 of 11
accountings, charts, canceled checks, receipts, ledgers, audio or video tapes, films or
photographs, press releases, newspaper clippings, advertisements, formal notices, investigations,
claims, settlements, orders, blueprints, sketches, drawings, surveys, test reports, printouts, data,
information, discs, circuits, tangible items upon which or in which information is stored
(including any form of electronic or computer database), preparatory or draft materials and all
other writings or recordings of whatever nature, whether assertedly privileged or not. The term
“document” includes the original and any and all copies of the original, as well as drafts and
copies which differ in any respect from the original. Where executed copies exist, produce an
executed copy and all executed and unexecuted copies which differ in any respect, other than
execution, from the executed copy.
3 The term “thing” or “item” includes at least documents and all three dimensional
objects of any kind, including, but not limited to, samples, prototypes, parts, objects, mark-ups,
displays, exhibits, books, advertising, tape cartridges or cassettes or reels, computer disks,
containers, wrappers and representations.
4 The term “person” includes both natural persons and non-natural persons (or
business entities). The term “person” also includes any employees, agents, attorneys,
representatives, directors, officers, members and partners of such person.
Il. INSTRUCTIONS
1 Any document as to which a claim of privilege is or will be asserted should be
identified by author, signature, description, (e.g., letter, memorandum, telex, recording, etc.) title
(if any), date, addresses (if any), general subject matter, present depository and present custodian
and a complete statement of the grounds for the claim of privilege should be set forth.
56302456-2 Page 2 of 11
2 If it is maintained that any document which is requested, has been destroyed, set
forth the contents of the document, the date of such destruction and the name of the person who
authorized or directed such destruction.
3 Any of the documents that cannot be produced in full, should be produced to the
extent possible, specifying the reasons for the inability to produce the remainder.
I. TIME AND PLACE OF PRODUCTION
You are requested to produce the documents designated in part IV hereof at the offices of
Adams and Reese LLP, 1515 Ringling Boulevard, Suite 700, Sarasota, Florida 34236, within the
time required by the Florida Rules of Civil Procedure, or at such other time and place, as the
parties may agree to.
IV. CATEGORIES OF DOCUMENTS TO BE PRODUCED
1 The Articles of Organization for GOLDEN KEY PROPERTIES, LLC.
2 The Operating Agreement for GOLDEN KEY PROPERTIES, LLC.
3 All amendments to and/or restatements of the Operating Agreement for GOLDEN
KEY PROPERTIES, LLC.
4 All membership certificates evidencing the issuance of any membership interests
in GOLDEN KEY PROPERTIES, LLC.
5 All assignments of any membership interest in GOLDEN KEY PROPERTIES,
LLC.
6 All consents to the assignment of any membership interest in GOLDEN KEY
PROPERTIES, LLC.
56302456-2 Page 3 of 11
7 Any other documents or things which refer to or relate to the ownership of any
interest in GOLDEN KEY PROPERTIES, LLC.
8 Any documents or things reflecting or relating to any communications, including
emails, text messages or other contact by, between, and among the officers, directors, employees,
and agents of GOLDEN KEY PROPERTIES, LLC and Gabriel Kirchberger.
9 All contracts by and between GOLDEN KEY PROPERTIES, LLC and Gabriel
Kirchberger.
10. All bank statements for each bank account which GOLDEN KEY PROPERTIES,
LLC has maintained at any time between January 1, 2012 and the date of your response upon
which Gabriel Kirchberger is or was an authorized signatory for GOLDEN KEY PROPERTIES,
LLC.
11. The front and back of all checks GOLDEN KEY PROPERTIES, LLC has made
payable to Gabriel Kirchberger.
12. The front and back of all checks GOLDEN KEY PROPERTIES, LLC has written
on behalf of Gabriel Kirchberger.
13. The front and back of all checks GOLDEN KEY PROPERTIES, LLC has made
written at the direction of Gabriel Kirchberger.
14. The wire transfer receipts for each wire transfer GOLDEN KEY PROPERTIES,
LLC has forwarded to an account owned by Gabriel Kirchberger.
15. The wire transfer receipts for each wire transfer GOLDEN KEY PROPERTIES,
LLC has forwarded on behalf of Gabriel Kirchberger.
16. The wire transfer receipts for each wire transfer GOLDEN KEY PROPERTIES,
LLC has forwarded at the direction of Gabriel Kirchberger.
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17. All other account withdrawal records for any withdrawals from any of GOLDEN
KEY PROPERTIES, LLC’s bank accounts for the benefit of Gabriel Kirchberger.
18. All other account withdrawal records for any withdrawals from any of GOLDEN
KEY PROPERTIES, LLC’s bank accounts signed or authorized by Gabriel Kirchberger.
19. All K-1’s issued to the members of GOLDEN KEY PROPERTIES, LLC for tax
years 2011-2018.
20. GOLDEN KEY PROPERTIES, LLC’s payroll tax returns, including but not
limited to, Forms 941, UCT-6, and 940, and related payroll tax records, Forms W-2 and W-3,
and Forms 1096 and 1099 for the years 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018, and
all interim returns or estimates of taxes for the current fiscal year.
21. Any documents detailing or stating the descriptions of GOLDEN KEY
PROPERTIES, LLC’s management and/or employment duties and responsibilities.
22. Any documents identifying all GOLDEN KEY PROPERTIES, LLC’s employees.
23. All lawsuits GOLDEN KEY PROPERTIES, LLC has been a party to.
24, All correspondence by and between Gabriel Kirchberger and any customers,
clients, potential clients, real estate agents, tenants, or any third-party which involve or relate to
any business or assets of Defendant.
25. Any and all executed purchase agreements, HUD-1 Settlement Statements, and/or
closing documents signed, executed, or authorized by Gabriel Kirchberger on behalf of
Defendant, including but not limited to the following properties:
a. 942, 946 and 950 Tamiami Trail, Port Charlotte, Florida 33953, which is legally
described as:
All of Grand Oaks Plaza II, a Condominium according to the
Declaration of Condominium thereof recorded in Condominium
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Plat Book 16, Pages 9A through 9E, inclusive, all of the Public
Records of Charlotte County, Florida, together with an undivided
fractional or percentage interest or share in the common elements
appurtenant thereto
LESS AND EXCEPT Unit 206, Grand Oaks Plaza II, a
Condominium according to the Declaration of Condominium
thereof recorded in Condominium Plat Book 16, Pages 9A through
9E, inclusive, all of the Public Records of Charlotte County,
Florida, together with an undivided fractional or percentage
interest or share in the common elements appurtenant thereto
b. 200, 250, and 300 Kings Highway, Punta Gorda, Florida 33983, which is legally
described as:
A parcel of land lying in the Northeast %4 of Section 6, Township 40
South, Range 23 East, Charlotte County, Florida, being more particularly
described as follows:
Commence at the Northeast corner of said Section 6, Township 40 South,
Range 23 East; thence S 00°16’25” W (bearing based on D.O.T. right-of-
way maps for State Road 93 (I-75), Section 01075-2404), along the East
line of Northeast % of said Section 6 for 668.89 feet to an intersection with
the centerline of King’s Highway; thence S 25°31°01” W, along the
centerline of King’s Highway for 862.22 feet to the point of beginning of
the herein described parcel of land; thence continue S 25°31’01” W, along
the centerline of King’s Highway for 486.05 feet; thence S 64°28’59” E
for 100.00 feet to the point of a curvature of a circular curve concave to
the Southwest; thence along the are of said curve, having a radius of
321.76 feet and a central angle of 59°51’23” for 336.14 feet; thence N
85°22’24” E, for 302.28 feet to an intersection with the East line of the
Northeast “% of said Section 6, Township 40 South, Range 23 East; thence
N 0°16’25” E, along the East line of the Northeast %4 of said Section 6 for
720.00 feet; thence N 89°43°35” W for 367.71 feet to the point of
beginning. Less therefrom the existing maintained right-of-way of King’s
Highway.
TOGETHER WITH
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Commence at the Southeast corner of Section 6, Township 40 South,
Range 23 East; thence run N 00°16"17” E along the East line of said
Section 6, a distance of 50.00 feet to the Northerly R.O.W. of Peachland
Blvd; thence continue N 00°16"17” E along said East line of Section 6, a
distance of 1413.11 feet to the point of beginning: Thence continue N
00°16"17” E along said East line of Section 6, a distance of 1683.92 feet;
thence run S 85°22’16” W, 302.28 feet; then run S 07°2351” W, 1220.67
feet; then run § 45°05°40” E, 636.03 feet to the point of beginning
TOGETHER WITH
Commence at the Southeast corner of said Section 6, Township 40 South,
Range 23 East; thence run N 00°16717” E along the East line of said
Section 6, a distance of 50.00 feet to the Northerly R/W of Peachland
Blvd; thence continue N 00°16717” E along said East line of Section 6, a
distance of 1413.11 feet to a point; thence run N 45°05’40” W, 636.03 feet
to the point of beginning: Thence continue N 45°05’40” W, 810.61 feet to
a point on the Easterly R/W of Kings Highway; thence run the following
courses and distances along said R/W; N 42°55’21” E, 49.38 feet; N 32
°33 02 E, 467.90 feet; N 19 °09 06 E, 137.69 feet; N 25°31°01” E 323.03
feet; N 64°2859” W, 13.00 feet to a point on the maintained R/W of
Kings Highway; thence run N 25°31’01” E along said maintained R/W
79.84 feet; then run S 64°2859” E, 62.96 feet to the P.C. of a curve to the
right, said curve having a central angle of 59°51°23”, a radius of 321.76
feet and a chord bearing of S 34°33718” E; thence run Easterly and
Southerly along said curve 336.14 feet to the P.T. thereof; thence run S
07°23’51” W, 1220.67 to the point of beginning.
LESS AND EXCEPT those certain parcels conveyed to Charlotte County
as described in Deeds recorded in Official Records Book 3300, pages
1180 and 1183.
Cc. 24050 Tiseo Blvd, Building 1, Units 1-8, 24100 Tiseo Blvd, Building 2, Units 3-
6, 10, 12-4, and 16, and 24150 Tiseo Blvd, Units 1-4, Port Charlotte, Florida
33980, which is legally described as:
Lots 1 and 2, Brookfield Commons, according to the map or plat
thereof as recorded in Plat Book 17, Pages 54-A and 54-B of the
Public Records of Charlotte County, Florida
56302456-2 Page 7 of 11
d. 2851 Placida Road, Building B, Units 101 and 102, 2861 Placida Road, Building
C, Units 101 and 102, and 2881 Placida Road, Building A, Englewood, Florida
34224 which is legally described as:
All of Block 105, GROVE CITY SUBDIVISION, according to the
Plat thereof as recorded in Plat Book 1, Page 4 of the Public
Records of Charlotte County, Florida together with the vacated
15.00 foot Public Utility Right of Way located within said Block
105, as vacated and abandoned by that certain Resolution Number
2000-160, a Resolution of Board of County Commissioners of
Charlotte County, Florida, to vacate a Fifteen Foot Alley Located
in Block 105, Grove City, Charlotte County, Florida, Petition SV-
00-8-13, recorded December 7, 2000 in Official Records Book
1844, Page 1557 of the Public Records of Charlotte County,
Florida
e 3745, 3749, 3751, 3753, and 3755 Cape Haze Drive, Rotonda West, Florida
33947 which is legally described as:
Lots 758, 759 and 760, ROTONDA SHORES, according to the
plat thereof, recorded in Plat Book 10, Page(s) 7A through 7N,
inclusive, of the Public Records of Charlotte County, Florida
7410 Sawyer Circle, Units 1-8, Port Charlotte, Florida 33981 which is legally
described as:
Lots 32, 33, and 34, Block 5358, THIRD REPLAT IN PORT
CHARLOTTE SUBDIVISION, SECTION 59, a_ subdivision
according to the plat thereof, recorded in Plat Book 16, Pages 54A
through 54E of the Public Records of Charlotte County, Florida
31 Chailett Road, Building A, Units 1-8, 35 Chailett Road, Building C, Units 9-
12, and 41 Chailett Road, Building B, Units 13-20, Rotonda West, Florida 33947
which is legally described as:
Lots 1 and 2, Block 2, ROTONDA LAKES UNIT 2, according to
the plat or map thereof, recorded in Plat Book 8, Pages 25A
through 25G of the Public Records of Charlotte County, Florida
56302456-2 Page 8 of 11
13386 Ainsworth Lane, Port Charlotte, Florida 33981 which is legally described
as:
Lot 20, Block 4253, PORT CHARLOTTE SUBDIVISION,
SECTION 58, a subdivision according to the Plat thereof as
recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
13400 Gershwin Lane, Port Charlotte, Florida 33981 which is legally described
as:
Lot 27, Block 4260, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof as recorded in Plat
Book 5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
13408 Gershwin Lane, Port Charlotte, Florida 33981 which is legally described
as:
Lot 26, Block 4260, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof as recorded in Plat
Book 5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
9104 and 9112 Casey Street, Port Charlotte, Florida 33981 which is legally
described as:
Lots 3 and 4, Block 4281, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof as recorded in Plat
Book 5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
14292 Ingraham Boulevard, Port Charlotte, Florida 33981which is legally
described as:
Lot 3, Block 4352, PORT CHARLOTTE SUBDIVISION,
SECTION 71, a subdivision, according to the Plat thereof as
recorded in Plat Book 6, Pages 27A through 27L, of the Public
Records of Charlotte County, Florida
56302456-2 Page 9 of 11
m. 9356 Zorn Street, Port Charlotte, Florida 33981 which is legally described as:
Lot 15, Block 4277 PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof as recorded in Plat
Book 5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
n. 14181 Appleton Boulevard, Port Charlotte, Florida 33981 which is legally
described as:
Lot 5, Block 4641 PORT CHARLOTTE SUBDIVISION,
SECTION 87, a subdivision, according to the Plat thereof as
recorded in Plat Book 7, Page 20A, of the Public Records of
Charlotte County, Florida
26. A list or any other document identifying any tenants in any Property identified
herein or any other Property owned, controlled, or managed by GOLDEN KEY PROPERTIES,
LLC.
27. Originals or copies of any and all lease agreements for any Property identified
herein or any other Property owned, controlled, or managed by GOLDEN KEY PROPERTIES,
LLC.
28. Copies of any checks received as rental payments for any Property identified
herein or any other Property owned, controlled, or managed by GOLDEN KEY PROPERTIES,
LLC.
29. Any documents or things which you intend to use as evidence at the trial of this
case.
30. Any other documents or things which support or otherwise evidence any damages
you may incur as the result of a wrongful lis pendens having been recorded against any real
property that you own.
56302456-2 Page 10 of 11
31. Any documents that support or refute any allegations in Plaintiff's Revised
Second Amended Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing document on July 25, 2019
with the Clerk of Court using the Florida Courts E-Filing Portal, which will send a notice of
electronic filing to: Glenn N. Siegel, Esquire, Glenn N. Siegel, P.A., 17825 Murdock Circle,
Suite A, Port Charlotte, Florida 33948, at kim@glennsiegellaw.com, Counsel for Gabriel
Kirchberger; David K. Oaks, Esquire, David K. Oaks, P.A., 407 East Marion Avenue, Suite
101, Punta Gorda, Florida 33950, at doaksesq@comeast.net, Counsel for Carol DeVille and
Southern Shore Enterprises, LLC, Robert W. Segur, Esquire, Robert W. Segur P.A., 2828 S.
McCall Road PMB 56, Englewood, Florida 34224, at egal@se rlaw.net, Counsel for
Moonstone Holdings, LLC, Niclas Kirchberger, and Christine Frazer; Brian McNamara,
Esquire, McNamara Legal Services, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida
34109, at brian@mcenamaralegal Iservices.com. , Co-Counsel for Defendants Andreas Kirchberger
and Golden Key Properties, LLC; and Sebastian Nye-Schmitz, Esquire, The Nye-Schmitz Law
Firm, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109, at sns@swfltaxlaw.com,
Co-Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC; and a true
copy has been furnished on the same date via U.S. Mail to: Andreas Kirchberger, 395
Commercial Court, Suite A, Venice, Florida 34292; and Golden Key Properties, LLC c/o The
Nye-Schmitz Law Firm, P.A., Registered Agent, 3447 Pine Ridge Road, Suite 101, Naples,
Florida 34109.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Primary: an.owen@arlaw.com
Primary: drew.chesanek@arlaw.com
Secondary: deborah.woodson@arlaw.com
Telephone: (941) 316-7600
Counsel for Plaintiff
By: /s/ Ryan W. Owen
Ryan W, Owen
Florida Bar No. 0029355
Drew F, Chesanek
Florida Bar No. 0115933
56302456-2 Page 11 of11
Preview
Filing # 93172374 E-Filed 07/25/2019 03:20:25 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION HARRY BIEBERSTEIN, Plaintiff, Vv. CASE NO. 17-CA-917 GABRIEL KIRCHBERGER, et al., Defendants. / FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO GOLDEN KEY PROPERTIES, LLC Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla.R.Civ.P. 1.350, requests Defendant, GOLDEN KEY PROPERTIES, LLC to produce the documents and/or tangible items described herein within thirty (30) days of the service of this Request for the purpose of inspection and/or copying, the following items. The production of documents is subject to the definitions and instructions listed herein. I. DEFINITIONS 1 As employed herein, “Defendant” and “you” or “your” shall refer to Defendant, GOLDEN KEY PROPERTIES, LLC and all employees, contractors, agents and all other persons acting on behalf of Defendant, GOLDEN KEY PROPERTIES, LLC. 2. “Documents” shall refer to all tangible items in your possession, custody or control, including but not limited to, correspondence, e-mails, electronic communication, memoranda, contracts, files, leases, agreements, closing statements, minutes, reports, records, notes, telephone messages, long distance telephone call records, invoices, bills, books, schedules, tabulations, accountants' work papers, diary entries, telegrams, telex communications, 56302456-2 Page 1 of 11 accountings, charts, canceled checks, receipts, ledgers, audio or video tapes, films or photographs, press releases, newspaper clippings, advertisements, formal notices, investigations, claims, settlements, orders, blueprints, sketches, drawings, surveys, test reports, printouts, data, information, discs, circuits, tangible items upon which or in which information is stored (including any form of electronic or computer database), preparatory or draft materials and all other writings or recordings of whatever nature, whether assertedly privileged or not. The term “document” includes the original and any and all copies of the original, as well as drafts and copies which differ in any respect from the original. Where executed copies exist, produce an executed copy and all executed and unexecuted copies which differ in any respect, other than execution, from the executed copy. 3 The term “thing” or “item” includes at least documents and all three dimensional objects of any kind, including, but not limited to, samples, prototypes, parts, objects, mark-ups, displays, exhibits, books, advertising, tape cartridges or cassettes or reels, computer disks, containers, wrappers and representations. 4 The term “person” includes both natural persons and non-natural persons (or business entities). The term “person” also includes any employees, agents, attorneys, representatives, directors, officers, members and partners of such person. Il. INSTRUCTIONS 1 Any document as to which a claim of privilege is or will be asserted should be identified by author, signature, description, (e.g., letter, memorandum, telex, recording, etc.) title (if any), date, addresses (if any), general subject matter, present depository and present custodian and a complete statement of the grounds for the claim of privilege should be set forth. 56302456-2 Page 2 of 11 2 If it is maintained that any document which is requested, has been destroyed, set forth the contents of the document, the date of such destruction and the name of the person who authorized or directed such destruction. 3 Any of the documents that cannot be produced in full, should be produced to the extent possible, specifying the reasons for the inability to produce the remainder. I. TIME AND PLACE OF PRODUCTION You are requested to produce the documents designated in part IV hereof at the offices of Adams and Reese LLP, 1515 Ringling Boulevard, Suite 700, Sarasota, Florida 34236, within the time required by the Florida Rules of Civil Procedure, or at such other time and place, as the parties may agree to. IV. CATEGORIES OF DOCUMENTS TO BE PRODUCED 1 The Articles of Organization for GOLDEN KEY PROPERTIES, LLC. 2 The Operating Agreement for GOLDEN KEY PROPERTIES, LLC. 3 All amendments to and/or restatements of the Operating Agreement for GOLDEN KEY PROPERTIES, LLC. 4 All membership certificates evidencing the issuance of any membership interests in GOLDEN KEY PROPERTIES, LLC. 5 All assignments of any membership interest in GOLDEN KEY PROPERTIES, LLC. 6 All consents to the assignment of any membership interest in GOLDEN KEY PROPERTIES, LLC. 56302456-2 Page 3 of 11 7 Any other documents or things which refer to or relate to the ownership of any interest in GOLDEN KEY PROPERTIES, LLC. 8 Any documents or things reflecting or relating to any communications, including emails, text messages or other contact by, between, and among the officers, directors, employees, and agents of GOLDEN KEY PROPERTIES, LLC and Gabriel Kirchberger. 9 All contracts by and between GOLDEN KEY PROPERTIES, LLC and Gabriel Kirchberger. 10. All bank statements for each bank account which GOLDEN KEY PROPERTIES, LLC has maintained at any time between January 1, 2012 and the date of your response upon which Gabriel Kirchberger is or was an authorized signatory for GOLDEN KEY PROPERTIES, LLC. 11. The front and back of all checks GOLDEN KEY PROPERTIES, LLC has made payable to Gabriel Kirchberger. 12. The front and back of all checks GOLDEN KEY PROPERTIES, LLC has written on behalf of Gabriel Kirchberger. 13. The front and back of all checks GOLDEN KEY PROPERTIES, LLC has made written at the direction of Gabriel Kirchberger. 14. The wire transfer receipts for each wire transfer GOLDEN KEY PROPERTIES, LLC has forwarded to an account owned by Gabriel Kirchberger. 15. The wire transfer receipts for each wire transfer GOLDEN KEY PROPERTIES, LLC has forwarded on behalf of Gabriel Kirchberger. 16. The wire transfer receipts for each wire transfer GOLDEN KEY PROPERTIES, LLC has forwarded at the direction of Gabriel Kirchberger. 56302456-2 Page 4 of 11 17. All other account withdrawal records for any withdrawals from any of GOLDEN KEY PROPERTIES, LLC’s bank accounts for the benefit of Gabriel Kirchberger. 18. All other account withdrawal records for any withdrawals from any of GOLDEN KEY PROPERTIES, LLC’s bank accounts signed or authorized by Gabriel Kirchberger. 19. All K-1’s issued to the members of GOLDEN KEY PROPERTIES, LLC for tax years 2011-2018. 20. GOLDEN KEY PROPERTIES, LLC’s payroll tax returns, including but not limited to, Forms 941, UCT-6, and 940, and related payroll tax records, Forms W-2 and W-3, and Forms 1096 and 1099 for the years 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018, and all interim returns or estimates of taxes for the current fiscal year. 21. Any documents detailing or stating the descriptions of GOLDEN KEY PROPERTIES, LLC’s management and/or employment duties and responsibilities. 22. Any documents identifying all GOLDEN KEY PROPERTIES, LLC’s employees. 23. All lawsuits GOLDEN KEY PROPERTIES, LLC has been a party to. 24, All correspondence by and between Gabriel Kirchberger and any customers, clients, potential clients, real estate agents, tenants, or any third-party which involve or relate to any business or assets of Defendant. 25. Any and all executed purchase agreements, HUD-1 Settlement Statements, and/or closing documents signed, executed, or authorized by Gabriel Kirchberger on behalf of Defendant, including but not limited to the following properties: a. 942, 946 and 950 Tamiami Trail, Port Charlotte, Florida 33953, which is legally described as: All of Grand Oaks Plaza II, a Condominium according to the Declaration of Condominium thereof recorded in Condominium 56302456-2 Page 5 of 11 Plat Book 16, Pages 9A through 9E, inclusive, all of the Public Records of Charlotte County, Florida, together with an undivided fractional or percentage interest or share in the common elements appurtenant thereto LESS AND EXCEPT Unit 206, Grand Oaks Plaza II, a Condominium according to the Declaration of Condominium thereof recorded in Condominium Plat Book 16, Pages 9A through 9E, inclusive, all of the Public Records of Charlotte County, Florida, together with an undivided fractional or percentage interest or share in the common elements appurtenant thereto b. 200, 250, and 300 Kings Highway, Punta Gorda, Florida 33983, which is legally described as: A parcel of land lying in the Northeast %4 of Section 6, Township 40 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 6, Township 40 South, Range 23 East; thence S 00°16’25” W (bearing based on D.O.T. right-of- way maps for State Road 93 (I-75), Section 01075-2404), along the East line of Northeast % of said Section 6 for 668.89 feet to an intersection with the centerline of King’s Highway; thence S 25°31°01” W, along the centerline of King’s Highway for 862.22 feet to the point of beginning of the herein described parcel of land; thence continue S 25°31’01” W, along the centerline of King’s Highway for 486.05 feet; thence S 64°28’59” E for 100.00 feet to the point of a curvature of a circular curve concave to the Southwest; thence along the are of said curve, having a radius of 321.76 feet and a central angle of 59°51’23” for 336.14 feet; thence N 85°22’24” E, for 302.28 feet to an intersection with the East line of the Northeast “% of said Section 6, Township 40 South, Range 23 East; thence N 0°16’25” E, along the East line of the Northeast %4 of said Section 6 for 720.00 feet; thence N 89°43°35” W for 367.71 feet to the point of beginning. Less therefrom the existing maintained right-of-way of King’s Highway. TOGETHER WITH 56302456-2 Page 6 of 11 Commence at the Southeast corner of Section 6, Township 40 South, Range 23 East; thence run N 00°16"17” E along the East line of said Section 6, a distance of 50.00 feet to the Northerly R.O.W. of Peachland Blvd; thence continue N 00°16"17” E along said East line of Section 6, a distance of 1413.11 feet to the point of beginning: Thence continue N 00°16"17” E along said East line of Section 6, a distance of 1683.92 feet; thence run S 85°22’16” W, 302.28 feet; then run S 07°2351” W, 1220.67 feet; then run § 45°05°40” E, 636.03 feet to the point of beginning TOGETHER WITH Commence at the Southeast corner of said Section 6, Township 40 South, Range 23 East; thence run N 00°16717” E along the East line of said Section 6, a distance of 50.00 feet to the Northerly R/W of Peachland Blvd; thence continue N 00°16717” E along said East line of Section 6, a distance of 1413.11 feet to a point; thence run N 45°05’40” W, 636.03 feet to the point of beginning: Thence continue N 45°05’40” W, 810.61 feet to a point on the Easterly R/W of Kings Highway; thence run the following courses and distances along said R/W; N 42°55’21” E, 49.38 feet; N 32 °33 02 E, 467.90 feet; N 19 °09 06 E, 137.69 feet; N 25°31°01” E 323.03 feet; N 64°2859” W, 13.00 feet to a point on the maintained R/W of Kings Highway; thence run N 25°31’01” E along said maintained R/W 79.84 feet; then run S 64°2859” E, 62.96 feet to the P.C. of a curve to the right, said curve having a central angle of 59°51°23”, a radius of 321.76 feet and a chord bearing of S 34°33718” E; thence run Easterly and Southerly along said curve 336.14 feet to the P.T. thereof; thence run S 07°23’51” W, 1220.67 to the point of beginning. LESS AND EXCEPT those certain parcels conveyed to Charlotte County as described in Deeds recorded in Official Records Book 3300, pages 1180 and 1183. Cc. 24050 Tiseo Blvd, Building 1, Units 1-8, 24100 Tiseo Blvd, Building 2, Units 3- 6, 10, 12-4, and 16, and 24150 Tiseo Blvd, Units 1-4, Port Charlotte, Florida 33980, which is legally described as: Lots 1 and 2, Brookfield Commons, according to the map or plat thereof as recorded in Plat Book 17, Pages 54-A and 54-B of the Public Records of Charlotte County, Florida 56302456-2 Page 7 of 11 d. 2851 Placida Road, Building B, Units 101 and 102, 2861 Placida Road, Building C, Units 101 and 102, and 2881 Placida Road, Building A, Englewood, Florida 34224 which is legally described as: All of Block 105, GROVE CITY SUBDIVISION, according to the Plat thereof as recorded in Plat Book 1, Page 4 of the Public Records of Charlotte County, Florida together with the vacated 15.00 foot Public Utility Right of Way located within said Block 105, as vacated and abandoned by that certain Resolution Number 2000-160, a Resolution of Board of County Commissioners of Charlotte County, Florida, to vacate a Fifteen Foot Alley Located in Block 105, Grove City, Charlotte County, Florida, Petition SV- 00-8-13, recorded December 7, 2000 in Official Records Book 1844, Page 1557 of the Public Records of Charlotte County, Florida e 3745, 3749, 3751, 3753, and 3755 Cape Haze Drive, Rotonda West, Florida 33947 which is legally described as: Lots 758, 759 and 760, ROTONDA SHORES, according to the plat thereof, recorded in Plat Book 10, Page(s) 7A through 7N, inclusive, of the Public Records of Charlotte County, Florida 7410 Sawyer Circle, Units 1-8, Port Charlotte, Florida 33981 which is legally described as: Lots 32, 33, and 34, Block 5358, THIRD REPLAT IN PORT CHARLOTTE SUBDIVISION, SECTION 59, a_ subdivision according to the plat thereof, recorded in Plat Book 16, Pages 54A through 54E of the Public Records of Charlotte County, Florida 31 Chailett Road, Building A, Units 1-8, 35 Chailett Road, Building C, Units 9- 12, and 41 Chailett Road, Building B, Units 13-20, Rotonda West, Florida 33947 which is legally described as: Lots 1 and 2, Block 2, ROTONDA LAKES UNIT 2, according to the plat or map thereof, recorded in Plat Book 8, Pages 25A through 25G of the Public Records of Charlotte County, Florida 56302456-2 Page 8 of 11 13386 Ainsworth Lane, Port Charlotte, Florida 33981 which is legally described as: Lot 20, Block 4253, PORT CHARLOTTE SUBDIVISION, SECTION 58, a subdivision according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 13400 Gershwin Lane, Port Charlotte, Florida 33981 which is legally described as: Lot 27, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 13408 Gershwin Lane, Port Charlotte, Florida 33981 which is legally described as: Lot 26, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 9104 and 9112 Casey Street, Port Charlotte, Florida 33981 which is legally described as: Lots 3 and 4, Block 4281, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 14292 Ingraham Boulevard, Port Charlotte, Florida 33981which is legally described as: Lot 3, Block 4352, PORT CHARLOTTE SUBDIVISION, SECTION 71, a subdivision, according to the Plat thereof as recorded in Plat Book 6, Pages 27A through 27L, of the Public Records of Charlotte County, Florida 56302456-2 Page 9 of 11 m. 9356 Zorn Street, Port Charlotte, Florida 33981 which is legally described as: Lot 15, Block 4277 PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida n. 14181 Appleton Boulevard, Port Charlotte, Florida 33981 which is legally described as: Lot 5, Block 4641 PORT CHARLOTTE SUBDIVISION, SECTION 87, a subdivision, according to the Plat thereof as recorded in Plat Book 7, Page 20A, of the Public Records of Charlotte County, Florida 26. A list or any other document identifying any tenants in any Property identified herein or any other Property owned, controlled, or managed by GOLDEN KEY PROPERTIES, LLC. 27. Originals or copies of any and all lease agreements for any Property identified herein or any other Property owned, controlled, or managed by GOLDEN KEY PROPERTIES, LLC. 28. Copies of any checks received as rental payments for any Property identified herein or any other Property owned, controlled, or managed by GOLDEN KEY PROPERTIES, LLC. 29. Any documents or things which you intend to use as evidence at the trial of this case. 30. Any other documents or things which support or otherwise evidence any damages you may incur as the result of a wrongful lis pendens having been recorded against any real property that you own. 56302456-2 Page 10 of 11 31. Any documents that support or refute any allegations in Plaintiff's Revised Second Amended Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing document on July 25, 2019 with the Clerk of Court using the Florida Courts E-Filing Portal, which will send a notice of electronic filing to: Glenn N. Siegel, Esquire, Glenn N. Siegel, P.A., 17825 Murdock Circle, Suite A, Port Charlotte, Florida 33948, at kim@glennsiegellaw.com, Counsel for Gabriel Kirchberger; David K. Oaks, Esquire, David K. Oaks, P.A., 407 East Marion Avenue, Suite 101, Punta Gorda, Florida 33950, at doaksesq@comeast.net, Counsel for Carol DeVille and Southern Shore Enterprises, LLC, Robert W. Segur, Esquire, Robert W. Segur P.A., 2828 S. McCall Road PMB 56, Englewood, Florida 34224, at egal@se rlaw.net, Counsel for Moonstone Holdings, LLC, Niclas Kirchberger, and Christine Frazer; Brian McNamara, Esquire, McNamara Legal Services, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109, at brian@mcenamaralegal Iservices.com. , Co-Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC; and Sebastian Nye-Schmitz, Esquire, The Nye-Schmitz Law Firm, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109, at sns@swfltaxlaw.com, Co-Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC; and a true copy has been furnished on the same date via U.S. Mail to: Andreas Kirchberger, 395 Commercial Court, Suite A, Venice, Florida 34292; and Golden Key Properties, LLC c/o The Nye-Schmitz Law Firm, P.A., Registered Agent, 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109. ADAMS AND REESE LLP 1515 Ringling Boulevard, Suite 700 Sarasota, Florida 34236 Primary: an.owen@arlaw.com Primary: drew.chesanek@arlaw.com Secondary: deborah.woodson@arlaw.com Telephone: (941) 316-7600 Counsel for Plaintiff By: /s/ Ryan W. Owen Ryan W, Owen Florida Bar No. 0029355 Drew F, Chesanek Florida Bar No. 0115933 56302456-2 Page 11 of11