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Filing # 108745407 E-Filed 06/11/2020 03:31:53 PM
RETURN OF SERVICE
State of Florida County of Charlotte Twentieth Judicial Circuit Court
Case Number: 17-CA-917 Court Date: 6/17/2020 9:30 am
Plaintiff:
HARRY BIEBERSTEIN,
vs.
Defendant:
GABRIEL KIRCHBERGER, et al.,
For:
Ryan Owen
Adams and Reese, LLP
1515 Ringling Blvd
Suite 700
Sarasota, FL 34236
Received by Youngblood Process Service on the 10th day of June, 2020 at 8:01 am to be served on CHARLOTTE STATE
BANK & TRUST C/O CRAIG H. DE YOUNG, AS REGISTERED AGENT, 1100 TAMIAMI TRAIL, PORT CHARLOTTE, FL
33953.
|, Owen R. Youngblood, do hereby affirm that on the 10th day of June, 2020 at 10:45 am, I:
served a CORPORATION by delivering a true copy of the SUBPOENA DUCES TECUM FOR VIDEO CONFERENCE
HEARING; WITNESS FEE CHECK IN THE AMOUNT OF $10 with the date and hour of service endorsed thereon by me,
to: VICKIE OSBOURNE as EXECUTIVE SECRETARY for CHARLOTTE STATE BANK & TRUST, at the address of:
CHARLOTTE STATE BANK & TRUST, 1100 TAMIAMI TRAIL, PORT CHARLOTTE, FL 33953, and informed said
person of the contents therein, in compliance with state statutes.
Additional Information pertaining to this Service:
6/10/2020 9:32 am Attempted Service. Met with Vickie Osbourne who told me that Craig De Young is on vacation and not
currently in. No other officers or directors in at this time.
6/10/2020 10:45 am Attempted Service. Registered Agent not in. No officers or directors in.
| certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good
standing, in the judicial circuit in which the process was served. Under Penalties of Perjury, | declare | have read the
foregoing document and the facts stated in it are true. NO NOTARY REQUIRED PURSUANT TO F.S. 92.525(2).
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20th Judicial Circuit #15761 e
Youngblood Process Service
P.O. Box 51-1312
Punta Gorda, FL 33951-1312
(941) 505-0600
Our Job Serial Number: ORY-2020000617
Copyright © 1992-2020 Database Services, Inc. - Process Server's Toolbox VB.1e
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.
/
SUBPOENA DUCES TECUM FOR VIDEO CONFERENCE HEARING
THE STATE OF FLORIDA:
TO: Charlotte State Bank & Trust!
c/o Craig H. De Young, Registered Agent
1100 Tamiami Trail
Port Charlotte, Florida 33953
YOU ARE HEREBY COMMANDED to appear via Zoom (see link below) before the
Honorable Lisa Porter, Circuit Judge of the above styled court, Charlotte County Justice Center,
350 East Marion Avenue, Punta Gorda, Florida 33950 on June 17, 2020 at 9:30 a.m. — 1:30
p.m. to be a witness at the hearing in the above styled cause, and to have with you at that time
the following documents”:
1 Payoffs showing the current balance owed upon each Mortgage as of June 17, 2020;
2. All records relied upon in order to calculate said current balances owed;
All personal guaranties given by Gabriel Kirchberger to Charlotte State Bank & Trust
for any debts owed by Moonstone Holdings, LLC;
1 Pursuant to Rule 1.410 and Rule 1.310(b)(6) Florida Rules of Civil Procedure, the above-
named entity is requested to (1) appoint an individual who shall have knowledge of (a) the
current balance owed on all mortgage loans to Moonstone Holdings, LLC and Southern
Shores Enterprises, LLC; and (b) the creation and maintenance of the bank’s records, (2)
attend the above-scheduled hearing, and (3) testify on behalf of Charlotte State Bank & Trust.
? Documents should be provided via email to Ryan.Qwen@arlaw.com at least 2 days in
advance of the hearing so that they may be provided to the Court and all parties.
60698299_I Page 1 of 2
4. All personal guaranties given by Gabriel Kirchberger to Charlotte State Bank & Trust
for any debts owed by Southern Shores Enterprises, LLC;
5 All documents provided by Moonstone Holdings, LLC and Southern Shores
Enterprises, LLC to Englewood Bank & Trust in connection with any original
extensions of credit, any renewals of credit, and any annual financial statements; and
6 All other documents received from Moonstone Holdings, LLC and Southern Shores
Enterprises, LLC and relied upon by Englewood Bank & Trust when extending,
renewing, or monitoring any mortgage loans made to Moonstone Holdings, LLC or
Southern Shores Enterprises, LLC.
Zoom Link:
https://zoom.us/j/995578895 1 ?pwd=SHF2QjlqN2tl dHJJUW luWidrWHIEQTO9
Meeting ID: 995 5788 9511
Password: 016061
Tf you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by the following attorneys and unless excused from this
subpoena by these attorneys or the Court, you shall respond to this subpoena as directed.
DATED on this 9" day of June 2020.
/s/ Ryan W. Owen
RYAN W. OWEN
FOR THE COURT
Ryan W. Owen, Esquire
Florida Bar No. 0029355
Primary Email: ryan.owen@arlaw.cor
Secondary Email: deborah.woodson@arlaw.com.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Telephone: 941-316-7600
Counsel for Plaintiff
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Administrative Services Manager whose
office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose
telephone number is (941) 637-2281, at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time before the
scheduled appearance is less than 7 days; if you are hearing or voice impaired, call
711.
60698299_I Page 2 of 2
Preview
Filing # 108745407 E-Filed 06/11/2020 03:31:53 PM RETURN OF SERVICE State of Florida County of Charlotte Twentieth Judicial Circuit Court Case Number: 17-CA-917 Court Date: 6/17/2020 9:30 am Plaintiff: HARRY BIEBERSTEIN, vs. Defendant: GABRIEL KIRCHBERGER, et al., For: Ryan Owen Adams and Reese, LLP 1515 Ringling Blvd Suite 700 Sarasota, FL 34236 Received by Youngblood Process Service on the 10th day of June, 2020 at 8:01 am to be served on CHARLOTTE STATE BANK & TRUST C/O CRAIG H. DE YOUNG, AS REGISTERED AGENT, 1100 TAMIAMI TRAIL, PORT CHARLOTTE, FL 33953. |, Owen R. Youngblood, do hereby affirm that on the 10th day of June, 2020 at 10:45 am, I: served a CORPORATION by delivering a true copy of the SUBPOENA DUCES TECUM FOR VIDEO CONFERENCE HEARING; WITNESS FEE CHECK IN THE AMOUNT OF $10 with the date and hour of service endorsed thereon by me, to: VICKIE OSBOURNE as EXECUTIVE SECRETARY for CHARLOTTE STATE BANK & TRUST, at the address of: CHARLOTTE STATE BANK & TRUST, 1100 TAMIAMI TRAIL, PORT CHARLOTTE, FL 33953, and informed said person of the contents therein, in compliance with state statutes. Additional Information pertaining to this Service: 6/10/2020 9:32 am Attempted Service. Met with Vickie Osbourne who told me that Craig De Young is on vacation and not currently in. No other officers or directors in at this time. 6/10/2020 10:45 am Attempted Service. Registered Agent not in. No officers or directors in. | certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. Under Penalties of Perjury, | declare | have read the foregoing document and the facts stated in it are true. NO NOTARY REQUIRED PURSUANT TO F.S. 92.525(2). a a oF Ae ma i? wl poypote 3 ow AR. ‘oungpb! 20th Judicial Circuit #15761 e Youngblood Process Service P.O. Box 51-1312 Punta Gorda, FL 33951-1312 (941) 505-0600 Our Job Serial Number: ORY-2020000617 Copyright © 1992-2020 Database Services, Inc. - Process Server's Toolbox VB.1e 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. / SUBPOENA DUCES TECUM FOR VIDEO CONFERENCE HEARING THE STATE OF FLORIDA: TO: Charlotte State Bank & Trust! c/o Craig H. De Young, Registered Agent 1100 Tamiami Trail Port Charlotte, Florida 33953 YOU ARE HEREBY COMMANDED to appear via Zoom (see link below) before the Honorable Lisa Porter, Circuit Judge of the above styled court, Charlotte County Justice Center, 350 East Marion Avenue, Punta Gorda, Florida 33950 on June 17, 2020 at 9:30 a.m. — 1:30 p.m. to be a witness at the hearing in the above styled cause, and to have with you at that time the following documents”: 1 Payoffs showing the current balance owed upon each Mortgage as of June 17, 2020; 2. All records relied upon in order to calculate said current balances owed; All personal guaranties given by Gabriel Kirchberger to Charlotte State Bank & Trust for any debts owed by Moonstone Holdings, LLC; 1 Pursuant to Rule 1.410 and Rule 1.310(b)(6) Florida Rules of Civil Procedure, the above- named entity is requested to (1) appoint an individual who shall have knowledge of (a) the current balance owed on all mortgage loans to Moonstone Holdings, LLC and Southern Shores Enterprises, LLC; and (b) the creation and maintenance of the bank’s records, (2) attend the above-scheduled hearing, and (3) testify on behalf of Charlotte State Bank & Trust. ? Documents should be provided via email to Ryan.Qwen@arlaw.com at least 2 days in advance of the hearing so that they may be provided to the Court and all parties. 60698299_I Page 1 of 2 4. All personal guaranties given by Gabriel Kirchberger to Charlotte State Bank & Trust for any debts owed by Southern Shores Enterprises, LLC; 5 All documents provided by Moonstone Holdings, LLC and Southern Shores Enterprises, LLC to Englewood Bank & Trust in connection with any original extensions of credit, any renewals of credit, and any annual financial statements; and 6 All other documents received from Moonstone Holdings, LLC and Southern Shores Enterprises, LLC and relied upon by Englewood Bank & Trust when extending, renewing, or monitoring any mortgage loans made to Moonstone Holdings, LLC or Southern Shores Enterprises, LLC. Zoom Link: https://zoom.us/j/995578895 1 ?pwd=SHF2QjlqN2tl dHJJUW luWidrWHIEQTO9 Meeting ID: 995 5788 9511 Password: 016061 Tf you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. DATED on this 9" day of June 2020. /s/ Ryan W. Owen RYAN W. OWEN FOR THE COURT Ryan W. Owen, Esquire Florida Bar No. 0029355 Primary Email: ryan.owen@arlaw.cor Secondary Email: deborah.woodson@arlaw.com. ADAMS AND REESE LLP 1515 Ringling Boulevard, Suite 700 Sarasota, Florida 34236 Telephone: 941-316-7600 Counsel for Plaintiff If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Administrative Services Manager whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2281, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. 60698299_I Page 2 of 2