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Filing # 110367936 E-Filed 07/16/2020 04:38:51 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
HARRY BIEBERSTEIN,
Plaintiff,
VS. CASE NO. 17-CA-917
GABRIEL KIRCHBERGER, et al.,
Defendants.
/
NOTICE OF PRODUCTION FROM NON-PARTY
PLEASE TAKE NOTICE that, pursuant to Rule 1.351, Florida Rules of Civil Procedure,
after ten (10) days from the date of service of this notice, and if no objection is received from any
party, Plaintiff HARRY BIEBERSTEIN will issue or apply to the Clerk of this Court for issuance
of a subpoena in the attached form to:
Associated Foreign Exchange, Inc.
c/o Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, Florida 32301
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing document on July 16, 2020
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 doaksesqg@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 legal@segurlaw.net, Counsel for Moonstone Holdings,
LLC, Niclas Kirchberger, and Christine Frazer; Christopher J. Klein, Esquire, Baur & Klein,
P.A., New World Tower, Suite 2100, 100 North Biscayne Boulevard, Miami, Florida 33132, at
61145679-1 1
Cklein@worldwidelaw.com and Ocardonne@worldwidelaw.com, Counsel for Defendants
Andreas Kirchberger and Golden Key Properties, LLC; and Kristina Hager Snyderman,
Esquire, Barnes Walker, Goethe, Perron & Shea, PLLC, 3119 Manatee Avenue West, Bradenton,
Florida 34205, at ksnyderman@barneswalker.com and mfuller@barneswalker.com, Counsel for
Intervenors, Robles and Monrroys.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Primary: ryan.owen@arlaw.com
Primary: drew .chesanek@arlaw.com
Secondary: deborah.woodson@arlaw.com
Telephone: (941) 316-7600
Counsel for Plaintiff
By: /s/Rvan W. Owen
Ryan W. Owen
Florida Bar No. 0029355
Drew F. Chesanek
Florida Bar No. 0115933
61145679-1
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 WITHOUT DEPOSITION
THE STATE OF FLORIDA:
Option to Produce by Mail
TO: Associated Foreign Exchange, Inc.
c/o Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, Florida 32301
YOU ARE HEREBY COMMANDED to appear at the law offices of Adams and Reese LLP,
1515 Ringling Boulevard, Suite 700, Sarasota, Florida 34236, during normal business hours,
within 30 days of service of this subpoena, and to have with you at that time and place the
following:
REGARDING: Gabriel Kirchberger
119 McGill Road
Mount Pleasant, ON NOEIKO
CANADA
Date of Birth: June **, 1949
Canadian Social Insurance Number: *** **7 994
Produce the following documents from July 26, 2016 to the date documents are produced
in response hereto:
1 All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the receipt of any amount from Gabriel
Kirchberger;
All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the payment of any amount to Gabriel
Kirchberger;
61145677-1 Page 1 of 4
All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the transfer of any amount on behalf of
Gabriel Kirchberger;
All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the receipt of any amount from
Moonstone Holdings, LLC, a Nevada limited liability company;
All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the payment of any amount to Moonstone
Holdings, LLC, a Nevada limited liability company;
All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the transfer of any amount on behalf of
Moonstone Holdings, LLC, a Nevada limited liability company;
All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the receipt of any amount from Southern
Shores Enterprises, LLC, a Florida limited liability company;
All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the payment of any amount to Southern
Shores Enterprises, LLC, a Florida limited liability company;
All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the transfer of any amount on behalf of
Southern Shores Enterprises, LLC, a Florida limited liability company;
10. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the receipt of any amount from Golden
Key Properties, LLC, a Florida limited liability company;
11 All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the payment of any amount to Golden
Key Properties, LLC, a Florida limited liability company;
12. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the transfer of any amount on behalf of
Golden Key Properties, LLC, a Florida limited liability company;
13 All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the receipt of any amount from The
Kirchberger Family Trust;
61145677-1 Page 2 of 4
14. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the payment of any amount to The
Kirchberger Family Trust;
15 All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the transfer of any amount on behalf of
The Kirchberger Family Trust;
16. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the receipt of any amount from GNK
Properties Limited;
17. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the payment of any amount to GNK
Properties Limited;
18. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back),
ACH receipts, and other documents evidencing the transfer of any amount on behalf of
GNK Properties Limited;
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies
of the items to be produced to the attorney whose name appears on this subpoena on or
before the scheduled date of production. You may condition the preparation of the copies
upon the payment in advance of the reasonable cost of preparation. You may mail or deliver
the copies to the attorney whose name and address appears below on this subpoena and
thereby eliminates your appearance at the time and place specified above. Any copying
costs to be charged must be approved in advance by the undersigned attorneys.
IF YOU HAVE ANY QUESTIONS WITH REGARD TO THIS SUBPOENA,
PLEASE CONTACT ME AT THE NUMBER LISTED BELOW.
You have the right to object to the production pursuant to this subpoena at any time
before production by giving written notice to the attorney whose name appears on this subpoena.
If you fail to: (a) appear as specified, or (b) furnish the records instead of appearing as provided
above; or (c) object to this subpoena you may be in contempt of Court. You are subpoenaed to
appear by the following attorney, and unless excused from this subpoena by the attorney or the
Court, you shall respond to this subpoena as directed.
61145677-1 Page 3 of 4
DATED on this day of July 2020.
RYAN W. OWEN, ESQUIRE
FOR THE COURT
Ryan W. Owen, Esquire
Fla Bar No. 0029355
Primary Email: ryan.owen@arlaw.corr
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
61145677-1 Page 4 of 4
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Filing # 110367936 E-Filed 07/16/2020 04:38:51 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION HARRY BIEBERSTEIN, Plaintiff, VS. CASE NO. 17-CA-917 GABRIEL KIRCHBERGER, et al., Defendants. / NOTICE OF PRODUCTION FROM NON-PARTY PLEASE TAKE NOTICE that, pursuant to Rule 1.351, Florida Rules of Civil Procedure, after ten (10) days from the date of service of this notice, and if no objection is received from any party, Plaintiff HARRY BIEBERSTEIN will issue or apply to the Clerk of this Court for issuance of a subpoena in the attached form to: Associated Foreign Exchange, Inc. c/o Corporation Service Company, Registered Agent 1201 Hays Street Tallahassee, Florida 32301 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing document on July 16, 2020 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 doaksesqg@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 legal@segurlaw.net, Counsel for Moonstone Holdings, LLC, Niclas Kirchberger, and Christine Frazer; Christopher J. Klein, Esquire, Baur & Klein, P.A., New World Tower, Suite 2100, 100 North Biscayne Boulevard, Miami, Florida 33132, at 61145679-1 1 Cklein@worldwidelaw.com and Ocardonne@worldwidelaw.com, Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC; and Kristina Hager Snyderman, Esquire, Barnes Walker, Goethe, Perron & Shea, PLLC, 3119 Manatee Avenue West, Bradenton, Florida 34205, at ksnyderman@barneswalker.com and mfuller@barneswalker.com, Counsel for Intervenors, Robles and Monrroys. ADAMS AND REESE LLP 1515 Ringling Boulevard, Suite 700 Sarasota, Florida 34236 Primary: ryan.owen@arlaw.com Primary: drew .chesanek@arlaw.com Secondary: deborah.woodson@arlaw.com Telephone: (941) 316-7600 Counsel for Plaintiff By: /s/Rvan W. Owen Ryan W. Owen Florida Bar No. 0029355 Drew F. Chesanek Florida Bar No. 0115933 61145679-1 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 WITHOUT DEPOSITION THE STATE OF FLORIDA: Option to Produce by Mail TO: Associated Foreign Exchange, Inc. c/o Corporation Service Company, Registered Agent 1201 Hays Street Tallahassee, Florida 32301 YOU ARE HEREBY COMMANDED to appear at the law offices of Adams and Reese LLP, 1515 Ringling Boulevard, Suite 700, Sarasota, Florida 34236, during normal business hours, within 30 days of service of this subpoena, and to have with you at that time and place the following: REGARDING: Gabriel Kirchberger 119 McGill Road Mount Pleasant, ON NOEIKO CANADA Date of Birth: June **, 1949 Canadian Social Insurance Number: *** **7 994 Produce the following documents from July 26, 2016 to the date documents are produced in response hereto: 1 All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the receipt of any amount from Gabriel Kirchberger; All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the payment of any amount to Gabriel Kirchberger; 61145677-1 Page 1 of 4 All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the transfer of any amount on behalf of Gabriel Kirchberger; All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the receipt of any amount from Moonstone Holdings, LLC, a Nevada limited liability company; All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the payment of any amount to Moonstone Holdings, LLC, a Nevada limited liability company; All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the transfer of any amount on behalf of Moonstone Holdings, LLC, a Nevada limited liability company; All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the receipt of any amount from Southern Shores Enterprises, LLC, a Florida limited liability company; All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the payment of any amount to Southern Shores Enterprises, LLC, a Florida limited liability company; All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the transfer of any amount on behalf of Southern Shores Enterprises, LLC, a Florida limited liability company; 10. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the receipt of any amount from Golden Key Properties, LLC, a Florida limited liability company; 11 All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the payment of any amount to Golden Key Properties, LLC, a Florida limited liability company; 12. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the transfer of any amount on behalf of Golden Key Properties, LLC, a Florida limited liability company; 13 All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the receipt of any amount from The Kirchberger Family Trust; 61145677-1 Page 2 of 4 14. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the payment of any amount to The Kirchberger Family Trust; 15 All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the transfer of any amount on behalf of The Kirchberger Family Trust; 16. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the receipt of any amount from GNK Properties Limited; 17. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the payment of any amount to GNK Properties Limited; 18. All wire transfer instructions, wire transfer receipts, cancelled checks (front and back), ACH receipts, and other documents evidencing the transfer of any amount on behalf of GNK Properties Limited; These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name and address appears below on this subpoena and thereby eliminates your appearance at the time and place specified above. Any copying costs to be charged must be approved in advance by the undersigned attorneys. IF YOU HAVE ANY QUESTIONS WITH REGARD TO THIS SUBPOENA, PLEASE CONTACT ME AT THE NUMBER LISTED BELOW. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. If you fail to: (a) appear as specified, or (b) furnish the records instead of appearing as provided above; or (c) object to this subpoena you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by the attorney or the Court, you shall respond to this subpoena as directed. 61145677-1 Page 3 of 4 DATED on this day of July 2020. RYAN W. OWEN, ESQUIRE FOR THE COURT Ryan W. Owen, Esquire Fla Bar No. 0029355 Primary Email: ryan.owen@arlaw.corr 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 61145677-1 Page 4 of 4