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ROGER D. EATON, CHARLOTTE COUNTY CLERK OF CIRCUIT COURT OR BOOK: 4586, PGS: 1087 , PAGE: 1 OF 9
INSTR # 2819754 Doc Type: LP, Recorded: 6/11/2020 at 1:45 PM
Rec, Fee: ERECORDED Cashier By: NULANE
Filing # 108667808 E-Filed 06/10/2020 02:09:05 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
HARRY BIEBERSTEIN,
Plaintiff,
v. Case No. 17-CA-917
GABRIEL KIRCHBERGER, CAROL DEVILLE,
SOUTHERN SHORES ENTERPRISES, LLC,
a Florida limited liability company, and
MOONSTONE HOLDINGS, LLC, a Nevada
limited liability company,
Defendants.
/
AMENDED NOTICE OF LIS PENDENS!
TO: GABRIEL KIRCHBERGER;
CAROL DEVILLE;
CHRISTINE FRAZER;
ANDREAS KIRCHBERGER;
NICLAS X. KIRCHBERGER;
MOONSTONE HOLDINGS, LLC;
SOUTHERN SHORES ENTERPRISES, LLC;
GOLDEN KEY PROPERTIES, LLC;
BLUE BREEZE, LLC; and
ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED OF THE FOLLOWING:
ay The Plaintiff has instituted this action against you seeking to collect a debt
obligation, to set aside fraudulent transfers, and declaratory relief establishing that
the real property described below is the property of Gabriel Kirchberger and is
available to satisfy the debt owed Plaintiff and/or that the real property described
below was fraudulently transferred and to set aside said transfers.
' This Amended Notice of Lis Pendens amends and supersedes the Notice of Lis Pendens filed on
May 31, 2019 and recorded at Official Records Book 4446, Page 1007 of the Public Records of
Charlotte County, Florida on June 5, 2019, Official Records Instrument Number 2019073507 of
the Public Records of Sarasota County, Florida on June 3, 2019, and Official Records Instrument
Number 2019000137801 of the Public Records of Lee County, Florida on June 12, 2019. The
properties owned by Defendant Golden Key Properties, LLC which were listed in said Notice of
Lis Pendens are hereby released from same.
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OR BOOK: 4586, PAGE NUMBER: 1088 INSTR# 2819754 PAGE: 2 OF 9
(2) The Plaintiff in this action is HARRY BIEBERSTEIN.
(3) The date of the institution of the Second Amended Complaint in this action is on
May 31, 2019. The date of institution of the Third Amended Complaint is June 9,
2020;
(4) The properties that are the subject matter of this action are in Sarasota, Charlotte,
and Lee Counties, Florida, and are described as follows:
2276 Yancy Street, North Port, Florida 34291, which is legally described as:
Lot 9, Block 568 of 16TH ADDITION TO PORT CHARLOTTE SUBDIVISION, a
subdivision according to the map or plat thereof recorded in Plat Book 14, Pages 6, 6A
through 6V, inclusive, of the Public Records of Sarasota County, Florida
13035 South Tamiami Trail, North Port, Florida 34287, which is legally described as:
Lots 17 and 18, Block 933, Fifteenth Addition to Port Charlotte Subdivision, according to the
Plat thereof as recorded in Plat Book 13, Pages 14, 14A through 14B, of the Public Records
of Sarasota County, Florida
13075 South Tamiami Trail, North Port, Florida 34287, which is legally described as:
Lot 19, Block 933, Fifteenth Addition to Port Charlotte Subdivision, according to the Plat
thereof as recorded in Plat Book 13, Pages 14, 14A through 14B, of the Public Records of
Sarasota County, Florida
4868 England Avenue, North Port, Florida 34288, which is legally described as:
Lot 23, Block 948 of 22’? ADDITION TO PORT CHARLOTTE SUBDIVISION, a
subdivision according to the map or plat thereof recorded in Plat Book 14, Page 10, of the
Public Records of Sarasota County, Florida
368 Bonsell Lane, Port Charlotte, Florida 33953, which is legally described as:
Lot 5, Block 2525 PORT CHARLOTTE SUBDIVISION, SECTION 47, as per plat
thereof recorded in Plat Book 5, Page 61A, Public Records of Charlotte County, Florida
12038 Green Gulf Blvd., Port Charlotte, Florida 33955’, which is legally described as:
Lot 8, Block 81, TROPICAL GULF ACRES, UNIT 6, as per plat thereof recorded in Plat
Book 3, Pages 67A through 67F, Public Records of Charlotte County, Florida
? One-half interest with DeVille.
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1810 and 1814 El Jobean Road and 1933 Royalview Drive, Port Charlotte, Florida 33948,
which is legally described as:
Lots 9, 65, and 66, Block 655, PORT CHARLOTTE SUBDIVISION, SECTION 41, as per
plat thereof recorded in Plat Book 5, pages 51, 51A through 51K, Public Records of Charlotte
County, Florida
1435 Collingwood Blvd, Units A-G Port Charlotte, Florida 33948, which is legally described
as:
Lots 23 and 24, Block 658, PORT CHARLOTTE SUBDIVISION, SECTION 41, as per plat
thereof recorded in Plat Book 5, pages 51, 51A through 51K, Public Records of Charlotte
County, Florida
4169 Electric Way, Port Charlotte, Florida 33980, which is legally described as:
Lot 3, HARBOR EXECUTIVE PARK, according to the plat thereof recorded in Plat Book
15 Pages 30A through 30B, Public Records of Charlotte County, Florida
10508 Gulfstream Boulevard, Englewood, Florida 34224, which is legally described as:
Lot 17, Block 3664, PORT CHARLOTTE SUBDIVISION, SECTION 64, as per plat thereof
recorded in Plat Book 5, Pages 78A through 78F, Public Records of Charlotte County, Florida
27209 Sandrala Drive, Punta Gorda, Florida 33955, which is legally described as:
Lot 1, Block 277 TROPICAL GULF ACRES, UNIT 10, as per plat thereof recorded in
Plat Book 4, Pages 76A through 76N, of the Public Records of Charlotte County,
Florida
2814 69" Street West, Lehigh Acres, Florida 33971, which is legally described as:
Lot 18, Block 59, Unit 6, Section 1, Lehigh Acres, Township 44 South, Range 26 East,
according to the map or plat thereof on file in the Office of the Clerk of the Circuit
Court, recorded in Plat Book 15, Page 58 of the Public Records of Lee County, Florida.
350 Elmstreet Court, Englewood, Florida 34223, which is legally described as:
Lots 1-6, ELMSTREET SUBDIVISION, according to the Plat thereof, recorded in Plat
Book 22, Page 13 of the Public Records of Sarasota County, Florida together with the
private road known as Elmstreet Court
3 One-half interest with DeVille
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OR BOOK: 4586, PAGE NUMBER: 1090 INSTR# 2819754 PAGE: 4 OF 9
41 Lime Street, Englewood, Florida 34223, which is legally described as:
Lot 43, Lasbury Pine Acres, a subdivision according to the plat thereof recorded at Plat
Book 5, Page 81 of the Public Records of Sarasota County, Florida
2562 Commerce Parkway, #11, North Port, Florida 34289, which is legally described as:
Building 11, (also known as Unit 1100) Toledo Blade Professional Center, a
Condominium, according to the Declaration of Condominium thereof recorded
December 10, 1999 as Clerk’s Instrument #1999163191, according to Condominium
Book 32, Page 1, 1A and 1B, as amended by Amendment to Declaration of
Condominium of Toledo Blade Professional Center, a Condominium, recorded as
Clerk’s Instrument #2006016521, and according to Condominium Book 38, Page 39
through 39C, all of the Public Records of Sarasota County, Florida
3417 Junction Street, North Port, Florida 34288, which is legally described as:
Lot 2, Block 763, 12™ ADDITION TO PORT CHARLOTTE SUBDIVISION,
according to the map or plat thereof recorded in Plat Book 8, Pages 8, 8A through 8V,
inclusive, of the Public Records of Sarasota County, Florida
750 and 752 Tamiami Trail, Buildings 1 and 2, Port Charlotte, Florida 33953, which is legally
described as:
Lots 1, 2, 19, 20, 21, 22, and 23, Block 1115, PORT CHARLOTTE SUBDIVISION,
SECTION 22, a subdivision according to the Plat thereof, recorded in Plat Book 5,
Pages 12A through 13G of the Public Records of Charlotte County, Florida, LESS
AND EXCEPT that portion of Lots 1 and 2 conveyed to the State of Florida Department
of Transportation and recorded in Official Records Book 392, Page 730 of the Public
Records of Charlotte County, Florida
20332 Kenilworth Blvd or 224 Atwater Street, Port Charlotte, Florida 33954, which is legally
described as:
Lot 1, Block 897, PORT CHARLOTTE SUBDIVISION, SECTION 19, as per plat
thereof recorded in Plat Book 5, Pages 9A through 9C, of the Public Records of
Charlotte County, Florida
1231 Market Circle, Unit 7, Port Charlotte, Florida 33953 which is legally described as:
Lot 6, Block 3, of Port Charlotte Industrial Park, a subdivision according to the plat
thereof, as recorded in Plat Book 7, Pages 61A through 61D, of the Public Records of
Charlotte County, Florida
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OR BOOK: 4586, PAGE NUMBER: 1091 INSTR# 2819754 PAGE: 5 OF 9
18290 Paulson Drive, Buildings A-D, Port Charlotte, Florida 33954, which is legally described
as:
Lot 4, Block 8, Port Charlotte Industrial Park Unit Two, according to the map or plat
thereof as recorded in Plat Book 16, Page 35-A of the Public Records of Charlotte
County, Florida
22243 Catherine Avenue, Port Charlotte, Florida 33952, which is legally described as:
Lot 30, Block 2766, PORT CHARLOTTE SUBDIVISION, SECTION 33, according
to the Plat thereof recorded in Plat Book 5, Pages 35A through 35F, of the Public
Records of Charlotte County, Florida
21066 Gephart Avenue, Port Charlotte, Florida 33952, which is legally described as:
Lot 6, Block 2828, PORT CHARLOTTE SUBDIVISION, SECTION 45, according to
the Plat thereof recorded in Plat Book 5, Pages 56A through S6E of the Public Records
of Charlotte County, Florida
3005 Caring Way, Units 1-2, Port Charlotte, Florida 33952, which is legally described as:
Tract D, Port Charlotte Plaza Section One, according to the plat thereof as recorded in
Plat Book 7, Page(s) 63A-63B, Public Records of Charlotte County, Florida
23210 and 23220 Harper Avenue, Port Charlotte, Florida 33980, which is legally described as:
A parcel of land lying in Section 25, Township 40 South, Range 22 East, Charlotte
County, Florida, and being a portion of Block 16 and all of Blocks 17 and 18, including
those portions of the vacated avenues, streets and alleys of K.B. Harvey’s Central
Division, according to the plat thereof as recorded in Plat Book 1, Page 14, of the Public
Records of Charlotte County, Florida lying within the following described parcel:
Beginning at the Southeast corner of said Block 17; THENCE South 81°38’32” West,
along the Northerly right-of-way line of Harper Avenue, a distance of 611.25 feet;
THENCE North 00°20°07” East, along the centerline of the vacated Church Street, a
distance of 200.00 feet; THENCE North 81°37°33” East, a distance of 610.09 feet to a
Point on the West right-of-way line of Pine Street THENCE South along said West
right-of way line a distance of 200.00 feet to the Point of Beginning.
LESS AND EXCEPT: A parcel of land lying in Section 25, Township 40 South, Range
22 East, Charlotte County, Florida, and being a portion of Blocks 16 and 17 and a
portion of vacated Gulf Avenue of K.B. Harvey’s Central Division of Charlotte Harbor,
according to the plat thereof as recorded in Plat Book 1, Page 14, of the Public Records
of Charlotte County, Florida, and being more particularly described as follows:
Beginning at the Southeast corner of said Block 17; THENCE run South 81° 38’ 32”
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OR BOOK: 4586, PAGE NUMBER: 1092 INSTR# 2819754 PAGE: 6 OF 9
West on the Northerly right-of-way line of Harper Avenue a distance of 100.00 feet;
THENCE North on a line parallel with the West right-of-way line of Pinnacle Street
(Pine Street — Plat) a distance of 199.97 feet; THENCE North 81 37 33” East a distance
of 100.00 feet to the West right-of-way line of said Pinnacle Street, THENCE South
on said West right-of-way line a distance of 200.00 feet to the Point of Beginning
4280 James Street, Units 1-8 and 4290 James Street, Units 1-8, Port Charlotte, Florida 33980,
which is legally described as:
Units 16 and 17, Whidden Industrial Park Condominium, Phase II, a Condominium
according to the Declaration of Condominium recorded in O.R. Book 1028, Page 750,
as amended in O.R. Book 1060, Page 515 to add Phase II, and all exhibits and
amendments thereto, and recorded in Condominium Book 8, Pages 68-A and 68-B,
Public Records of Charlotte County, Florida
2828 S McCall Road, Units 27-31, Englewood, Florida 34224, which is legally described as:
Units 27, 28, 29, 30, and 31, TIFFANY SQUARE, a condominium according to the
Declaration of Condominium recorded in O.R. Book 1319, Page 2115, et. seq. and
according to the Plat thereof recorded in Condominium Book 10, Pages 51A through
51C, of the Public Records of Charlotte County, Florida together with an undivided
interest in the common elements appurtenant thereto.
aa. 1605 Morning Dove Lane, Units A-C, Englewood, Florida 34224, which is legally described
as:
Lot 2 and the West 12 feet of Lot 1, Block B, Breezewood Manor, according to the
map or plat thereof, as recorded in Plat Book 7, Page 12, of the Public Records of
Charlotte County, Florida
bb. 136 and 138 Boundary Boulevard, Rotunda West, Florida 33947, which is legally described
as:
Lots 952 and 953, ROTONDA WEST, OAKLAND HILLS, as per plat recorded in Plat
Book 8, Pages 15A through 15K, of the Public Records of Charlotte County, Florida
ce. 14146 Wenzel Avenue, Port Charlotte, Florida 33981, which is legally described as:
Lot 33, Block 4207, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
dd. 8073 Bosco Road, Port Charlotte, Florida 33981, which is legally described as:
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OR BOOK: 4586, PAGE NUMBER: 1093 INSTR# 2819754 PAGE: 7 OF 9
Lot 4, Block 4960, PORT CHARLOTTE SUBDIVISION, SECTION 93, according to
the Plat thereof, recorded in Plat Book 9, Pages 1A through Z4, of the Public Records
of Charlotte County, Florida
ee. 8559 Agate Street, Port Charlotte, Florida 33981, which is legally described as:
Lot 30, Block 4251, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
13543 Ainsworth Lane, Port Charlotte, Florida 33981, which is legally described as:
Lot 11, Block 4256, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
88. 13360 Gershwin Lane, Port Charlotte, Florida 33981, which is legally described as:
Lot 32, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
hh. 13364 Journal Lane, Port Charlotte, Florida 33981, which is legally described as:
Lot 17, Block 4262, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
i 13363 Journal Lane, Port Charlotte, Florida 33981, which is legally described as:
Lot 12, Block 4263, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
9283 Cyclamen Street, Port Charlotte, Florida 33981, which is legally described as:
Lot 26, Block 4405, PORT CHARLOTTE SUBDIVISION, SECTION 78, according
to the Plat thereof, recorded in Plat Book 6, Pages 42A through 42J, of the Public
Records of Charlotte County, Florida
kk. 13655 Allamanda Circle, Port Charlotte, Florida 33981, which is legally described as:
Lot 6, Block 4398, PORT CHARLOTTE SUBDIVISION, SECTION 78, according to
the Plat thereof, recorded in Plat Book 6, Pages 42A through 42], of the Public Records
of Charlotte County, Florida
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IL 9553 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as:
Lot 27, Block 4276, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
mm. 10073 Winnipeg Street, Port Charlotte, Florida 33981, which is legally described as:
Lot 32, Block 4584, PORT CHARLOTTE SUBDIVISION, SECTION 87, according
to the Plat thereof, recorded in Plat Book 7, Pages 20A through 20N, inclusive, of the
Public Records of Charlotte County, Florida
nn. 10173 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as:
Lot 5, Block 4597, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to
the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records
of Charlotte County, Florida
00 13385 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as
Lot 6, Block 4589, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to
the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records
of Charlotte County, Florida
Pp. 13420 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as:
Lot 22, Block 4588, PORT CHARLOTTE SUBDIVISION, SECTION 85, according
to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public
Records of Charlotte County, Florida
9: 8911-8919 North Fork Drive, North Fort Myers, Florida 33903, which is legally described as:
The South 168.10 feet of the East 305.31 feet of Lot 59, Block 1, TAMIAMI CITY,
according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee
County, Florida, including an easement for roadway purposes over the following
described parcels:
Parcel 1:
The North 30 feet of the South 183.10 feet of Lot 59, Block 1, TAMIAMI CITY,
according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee
County, Florida
and
Parcel 2:
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OR BOOK: 4586, PAGE NUMBER: 1095 INSTR# 2819754 PAGE: 9 OF 9
The Southwesterly 30 feet of Lot 53, Block 1, TAMIAMI CITY, according to the plat
thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida, more
particularly described as beginning at the Southeasterly corner of Lot 53, Block 1,
TAMIAMI CITY; thence proceed in a Southwesterly direction along the South line of
said Lot 53 to the Southwesterly corner of said Lot 52; thence Northerly along the
Westerly boundary of said Lot 53 for 30 feet; thence Northeasterly along line parallel
to and 30 feet Northwesterly of the South line of said Lot 53 to intersection of the
Easterly line of said Lot 53; thence Southeasterly to the Point of Beginning
18320 Paulson Drive, Port Charlotte, Florida 33954 which is legally described as:
Lot 5, Block B, PORT CHARLOTTE INDUSTRIAL PARK, UNIT TWO, a
subdivision according to the plat thereof, recorded in Plat Book 16, Page 35, of the
Public Records of Charlotte County, Florida.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that I electronically filed the foregoing document on June 10, 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
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
Movants, Robles and Monrroys.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Primary: ryan.owen@arlaw.com
Primary: drew.chesanek (Watlaw
@arlaw.com
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
60706380-1
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ROGER D. EATON, CHARLOTTE COUNTY CLERK OF CIRCUIT COURT OR BOOK: 4586, PGS: 1087 , PAGE: 1 OF 9 INSTR # 2819754 Doc Type: LP, Recorded: 6/11/2020 at 1:45 PM Rec, Fee: ERECORDED Cashier By: NULANE Filing # 108667808 E-Filed 06/10/2020 02:09:05 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION HARRY BIEBERSTEIN, Plaintiff, v. Case No. 17-CA-917 GABRIEL KIRCHBERGER, CAROL DEVILLE, SOUTHERN SHORES ENTERPRISES, LLC, a Florida limited liability company, and MOONSTONE HOLDINGS, LLC, a Nevada limited liability company, Defendants. / AMENDED NOTICE OF LIS PENDENS! TO: GABRIEL KIRCHBERGER; CAROL DEVILLE; CHRISTINE FRAZER; ANDREAS KIRCHBERGER; NICLAS X. KIRCHBERGER; MOONSTONE HOLDINGS, LLC; SOUTHERN SHORES ENTERPRISES, LLC; GOLDEN KEY PROPERTIES, LLC; BLUE BREEZE, LLC; and ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED OF THE FOLLOWING: ay The Plaintiff has instituted this action against you seeking to collect a debt obligation, to set aside fraudulent transfers, and declaratory relief establishing that the real property described below is the property of Gabriel Kirchberger and is available to satisfy the debt owed Plaintiff and/or that the real property described below was fraudulently transferred and to set aside said transfers. ' This Amended Notice of Lis Pendens amends and supersedes the Notice of Lis Pendens filed on May 31, 2019 and recorded at Official Records Book 4446, Page 1007 of the Public Records of Charlotte County, Florida on June 5, 2019, Official Records Instrument Number 2019073507 of the Public Records of Sarasota County, Florida on June 3, 2019, and Official Records Instrument Number 2019000137801 of the Public Records of Lee County, Florida on June 12, 2019. The properties owned by Defendant Golden Key Properties, LLC which were listed in said Notice of Lis Pendens are hereby released from same. 60706380-1 OR BOOK: 4586, PAGE NUMBER: 1088 INSTR# 2819754 PAGE: 2 OF 9 (2) The Plaintiff in this action is HARRY BIEBERSTEIN. (3) The date of the institution of the Second Amended Complaint in this action is on May 31, 2019. The date of institution of the Third Amended Complaint is June 9, 2020; (4) The properties that are the subject matter of this action are in Sarasota, Charlotte, and Lee Counties, Florida, and are described as follows: 2276 Yancy Street, North Port, Florida 34291, which is legally described as: Lot 9, Block 568 of 16TH ADDITION TO PORT CHARLOTTE SUBDIVISION, a subdivision according to the map or plat thereof recorded in Plat Book 14, Pages 6, 6A through 6V, inclusive, of the Public Records of Sarasota County, Florida 13035 South Tamiami Trail, North Port, Florida 34287, which is legally described as: Lots 17 and 18, Block 933, Fifteenth Addition to Port Charlotte Subdivision, according to the Plat thereof as recorded in Plat Book 13, Pages 14, 14A through 14B, of the Public Records of Sarasota County, Florida 13075 South Tamiami Trail, North Port, Florida 34287, which is legally described as: Lot 19, Block 933, Fifteenth Addition to Port Charlotte Subdivision, according to the Plat thereof as recorded in Plat Book 13, Pages 14, 14A through 14B, of the Public Records of Sarasota County, Florida 4868 England Avenue, North Port, Florida 34288, which is legally described as: Lot 23, Block 948 of 22’? ADDITION TO PORT CHARLOTTE SUBDIVISION, a subdivision according to the map or plat thereof recorded in Plat Book 14, Page 10, of the Public Records of Sarasota County, Florida 368 Bonsell Lane, Port Charlotte, Florida 33953, which is legally described as: Lot 5, Block 2525 PORT CHARLOTTE SUBDIVISION, SECTION 47, as per plat thereof recorded in Plat Book 5, Page 61A, Public Records of Charlotte County, Florida 12038 Green Gulf Blvd., Port Charlotte, Florida 33955’, which is legally described as: Lot 8, Block 81, TROPICAL GULF ACRES, UNIT 6, as per plat thereof recorded in Plat Book 3, Pages 67A through 67F, Public Records of Charlotte County, Florida ? One-half interest with DeVille. 60706380-1 OR BOOK: 4586, PAGE NUMBER: 1089 INSTR# 2819754 PAGE: 3 OF 9 1810 and 1814 El Jobean Road and 1933 Royalview Drive, Port Charlotte, Florida 33948, which is legally described as: Lots 9, 65, and 66, Block 655, PORT CHARLOTTE SUBDIVISION, SECTION 41, as per plat thereof recorded in Plat Book 5, pages 51, 51A through 51K, Public Records of Charlotte County, Florida 1435 Collingwood Blvd, Units A-G Port Charlotte, Florida 33948, which is legally described as: Lots 23 and 24, Block 658, PORT CHARLOTTE SUBDIVISION, SECTION 41, as per plat thereof recorded in Plat Book 5, pages 51, 51A through 51K, Public Records of Charlotte County, Florida 4169 Electric Way, Port Charlotte, Florida 33980, which is legally described as: Lot 3, HARBOR EXECUTIVE PARK, according to the plat thereof recorded in Plat Book 15 Pages 30A through 30B, Public Records of Charlotte County, Florida 10508 Gulfstream Boulevard, Englewood, Florida 34224, which is legally described as: Lot 17, Block 3664, PORT CHARLOTTE SUBDIVISION, SECTION 64, as per plat thereof recorded in Plat Book 5, Pages 78A through 78F, Public Records of Charlotte County, Florida 27209 Sandrala Drive, Punta Gorda, Florida 33955, which is legally described as: Lot 1, Block 277 TROPICAL GULF ACRES, UNIT 10, as per plat thereof recorded in Plat Book 4, Pages 76A through 76N, of the Public Records of Charlotte County, Florida 2814 69" Street West, Lehigh Acres, Florida 33971, which is legally described as: Lot 18, Block 59, Unit 6, Section 1, Lehigh Acres, Township 44 South, Range 26 East, according to the map or plat thereof on file in the Office of the Clerk of the Circuit Court, recorded in Plat Book 15, Page 58 of the Public Records of Lee County, Florida. 350 Elmstreet Court, Englewood, Florida 34223, which is legally described as: Lots 1-6, ELMSTREET SUBDIVISION, according to the Plat thereof, recorded in Plat Book 22, Page 13 of the Public Records of Sarasota County, Florida together with the private road known as Elmstreet Court 3 One-half interest with DeVille 60706380-1 OR BOOK: 4586, PAGE NUMBER: 1090 INSTR# 2819754 PAGE: 4 OF 9 41 Lime Street, Englewood, Florida 34223, which is legally described as: Lot 43, Lasbury Pine Acres, a subdivision according to the plat thereof recorded at Plat Book 5, Page 81 of the Public Records of Sarasota County, Florida 2562 Commerce Parkway, #11, North Port, Florida 34289, which is legally described as: Building 11, (also known as Unit 1100) Toledo Blade Professional Center, a Condominium, according to the Declaration of Condominium thereof recorded December 10, 1999 as Clerk’s Instrument #1999163191, according to Condominium Book 32, Page 1, 1A and 1B, as amended by Amendment to Declaration of Condominium of Toledo Blade Professional Center, a Condominium, recorded as Clerk’s Instrument #2006016521, and according to Condominium Book 38, Page 39 through 39C, all of the Public Records of Sarasota County, Florida 3417 Junction Street, North Port, Florida 34288, which is legally described as: Lot 2, Block 763, 12™ ADDITION TO PORT CHARLOTTE SUBDIVISION, according to the map or plat thereof recorded in Plat Book 8, Pages 8, 8A through 8V, inclusive, of the Public Records of Sarasota County, Florida 750 and 752 Tamiami Trail, Buildings 1 and 2, Port Charlotte, Florida 33953, which is legally described as: Lots 1, 2, 19, 20, 21, 22, and 23, Block 1115, PORT CHARLOTTE SUBDIVISION, SECTION 22, a subdivision according to the Plat thereof, recorded in Plat Book 5, Pages 12A through 13G of the Public Records of Charlotte County, Florida, LESS AND EXCEPT that portion of Lots 1 and 2 conveyed to the State of Florida Department of Transportation and recorded in Official Records Book 392, Page 730 of the Public Records of Charlotte County, Florida 20332 Kenilworth Blvd or 224 Atwater Street, Port Charlotte, Florida 33954, which is legally described as: Lot 1, Block 897, PORT CHARLOTTE SUBDIVISION, SECTION 19, as per plat thereof recorded in Plat Book 5, Pages 9A through 9C, of the Public Records of Charlotte County, Florida 1231 Market Circle, Unit 7, Port Charlotte, Florida 33953 which is legally described as: Lot 6, Block 3, of Port Charlotte Industrial Park, a subdivision according to the plat thereof, as recorded in Plat Book 7, Pages 61A through 61D, of the Public Records of Charlotte County, Florida 60706380-1 OR BOOK: 4586, PAGE NUMBER: 1091 INSTR# 2819754 PAGE: 5 OF 9 18290 Paulson Drive, Buildings A-D, Port Charlotte, Florida 33954, which is legally described as: Lot 4, Block 8, Port Charlotte Industrial Park Unit Two, according to the map or plat thereof as recorded in Plat Book 16, Page 35-A of the Public Records of Charlotte County, Florida 22243 Catherine Avenue, Port Charlotte, Florida 33952, which is legally described as: Lot 30, Block 2766, PORT CHARLOTTE SUBDIVISION, SECTION 33, according to the Plat thereof recorded in Plat Book 5, Pages 35A through 35F, of the Public Records of Charlotte County, Florida 21066 Gephart Avenue, Port Charlotte, Florida 33952, which is legally described as: Lot 6, Block 2828, PORT CHARLOTTE SUBDIVISION, SECTION 45, according to the Plat thereof recorded in Plat Book 5, Pages 56A through S6E of the Public Records of Charlotte County, Florida 3005 Caring Way, Units 1-2, Port Charlotte, Florida 33952, which is legally described as: Tract D, Port Charlotte Plaza Section One, according to the plat thereof as recorded in Plat Book 7, Page(s) 63A-63B, Public Records of Charlotte County, Florida 23210 and 23220 Harper Avenue, Port Charlotte, Florida 33980, which is legally described as: A parcel of land lying in Section 25, Township 40 South, Range 22 East, Charlotte County, Florida, and being a portion of Block 16 and all of Blocks 17 and 18, including those portions of the vacated avenues, streets and alleys of K.B. Harvey’s Central Division, according to the plat thereof as recorded in Plat Book 1, Page 14, of the Public Records of Charlotte County, Florida lying within the following described parcel: Beginning at the Southeast corner of said Block 17; THENCE South 81°38’32” West, along the Northerly right-of-way line of Harper Avenue, a distance of 611.25 feet; THENCE North 00°20°07” East, along the centerline of the vacated Church Street, a distance of 200.00 feet; THENCE North 81°37°33” East, a distance of 610.09 feet to a Point on the West right-of-way line of Pine Street THENCE South along said West right-of way line a distance of 200.00 feet to the Point of Beginning. LESS AND EXCEPT: A parcel of land lying in Section 25, Township 40 South, Range 22 East, Charlotte County, Florida, and being a portion of Blocks 16 and 17 and a portion of vacated Gulf Avenue of K.B. Harvey’s Central Division of Charlotte Harbor, according to the plat thereof as recorded in Plat Book 1, Page 14, of the Public Records of Charlotte County, Florida, and being more particularly described as follows: Beginning at the Southeast corner of said Block 17; THENCE run South 81° 38’ 32” 60706380-1 OR BOOK: 4586, PAGE NUMBER: 1092 INSTR# 2819754 PAGE: 6 OF 9 West on the Northerly right-of-way line of Harper Avenue a distance of 100.00 feet; THENCE North on a line parallel with the West right-of-way line of Pinnacle Street (Pine Street — Plat) a distance of 199.97 feet; THENCE North 81 37 33” East a distance of 100.00 feet to the West right-of-way line of said Pinnacle Street, THENCE South on said West right-of-way line a distance of 200.00 feet to the Point of Beginning 4280 James Street, Units 1-8 and 4290 James Street, Units 1-8, Port Charlotte, Florida 33980, which is legally described as: Units 16 and 17, Whidden Industrial Park Condominium, Phase II, a Condominium according to the Declaration of Condominium recorded in O.R. Book 1028, Page 750, as amended in O.R. Book 1060, Page 515 to add Phase II, and all exhibits and amendments thereto, and recorded in Condominium Book 8, Pages 68-A and 68-B, Public Records of Charlotte County, Florida 2828 S McCall Road, Units 27-31, Englewood, Florida 34224, which is legally described as: Units 27, 28, 29, 30, and 31, TIFFANY SQUARE, a condominium according to the Declaration of Condominium recorded in O.R. Book 1319, Page 2115, et. seq. and according to the Plat thereof recorded in Condominium Book 10, Pages 51A through 51C, of the Public Records of Charlotte County, Florida together with an undivided interest in the common elements appurtenant thereto. aa. 1605 Morning Dove Lane, Units A-C, Englewood, Florida 34224, which is legally described as: Lot 2 and the West 12 feet of Lot 1, Block B, Breezewood Manor, according to the map or plat thereof, as recorded in Plat Book 7, Page 12, of the Public Records of Charlotte County, Florida bb. 136 and 138 Boundary Boulevard, Rotunda West, Florida 33947, which is legally described as: Lots 952 and 953, ROTONDA WEST, OAKLAND HILLS, as per plat recorded in Plat Book 8, Pages 15A through 15K, of the Public Records of Charlotte County, Florida ce. 14146 Wenzel Avenue, Port Charlotte, Florida 33981, which is legally described as: Lot 33, Block 4207, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida dd. 8073 Bosco Road, Port Charlotte, Florida 33981, which is legally described as: 60706380-1 OR BOOK: 4586, PAGE NUMBER: 1093 INSTR# 2819754 PAGE: 7 OF 9 Lot 4, Block 4960, PORT CHARLOTTE SUBDIVISION, SECTION 93, according to the Plat thereof, recorded in Plat Book 9, Pages 1A through Z4, of the Public Records of Charlotte County, Florida ee. 8559 Agate Street, Port Charlotte, Florida 33981, which is legally described as: Lot 30, Block 4251, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 13543 Ainsworth Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 11, Block 4256, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 88. 13360 Gershwin Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 32, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida hh. 13364 Journal Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 17, Block 4262, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida i 13363 Journal Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 12, Block 4263, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 9283 Cyclamen Street, Port Charlotte, Florida 33981, which is legally described as: Lot 26, Block 4405, PORT CHARLOTTE SUBDIVISION, SECTION 78, according to the Plat thereof, recorded in Plat Book 6, Pages 42A through 42J, of the Public Records of Charlotte County, Florida kk. 13655 Allamanda Circle, Port Charlotte, Florida 33981, which is legally described as: Lot 6, Block 4398, PORT CHARLOTTE SUBDIVISION, SECTION 78, according to the Plat thereof, recorded in Plat Book 6, Pages 42A through 42], of the Public Records of Charlotte County, Florida 60706380-1 OR BOOK: 4586, PAGE NUMBER: 1094 INSTR# 2819754 PAGE: 8 OF 9 IL 9553 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as: Lot 27, Block 4276, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida mm. 10073 Winnipeg Street, Port Charlotte, Florida 33981, which is legally described as: Lot 32, Block 4584, PORT CHARLOTTE SUBDIVISION, SECTION 87, according to the Plat thereof, recorded in Plat Book 7, Pages 20A through 20N, inclusive, of the Public Records of Charlotte County, Florida nn. 10173 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as: Lot 5, Block 4597, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida 00 13385 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as Lot 6, Block 4589, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida Pp. 13420 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as: Lot 22, Block 4588, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida 9: 8911-8919 North Fork Drive, North Fort Myers, Florida 33903, which is legally described as: The South 168.10 feet of the East 305.31 feet of Lot 59, Block 1, TAMIAMI CITY, according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida, including an easement for roadway purposes over the following described parcels: Parcel 1: The North 30 feet of the South 183.10 feet of Lot 59, Block 1, TAMIAMI CITY, according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida and Parcel 2: 60706380-1 OR BOOK: 4586, PAGE NUMBER: 1095 INSTR# 2819754 PAGE: 9 OF 9 The Southwesterly 30 feet of Lot 53, Block 1, TAMIAMI CITY, according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida, more particularly described as beginning at the Southeasterly corner of Lot 53, Block 1, TAMIAMI CITY; thence proceed in a Southwesterly direction along the South line of said Lot 53 to the Southwesterly corner of said Lot 52; thence Northerly along the Westerly boundary of said Lot 53 for 30 feet; thence Northeasterly along line parallel to and 30 feet Northwesterly of the South line of said Lot 53 to intersection of the Easterly line of said Lot 53; thence Southeasterly to the Point of Beginning 18320 Paulson Drive, Port Charlotte, Florida 33954 which is legally described as: Lot 5, Block B, PORT CHARLOTTE INDUSTRIAL PARK, UNIT TWO, a subdivision according to the plat thereof, recorded in Plat Book 16, Page 35, of the Public Records of Charlotte County, Florida. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that I electronically filed the foregoing document on June 10, 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 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 Movants, Robles and Monrroys. ADAMS AND REESE LLP 1515 Ringling Boulevard, Suite 700 Sarasota, Florida 34236 Primary: ryan.owen@arlaw.com Primary: drew.chesanek (Watlaw @arlaw.com 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 60706380-1