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Filing # 99883716 E-Filed 12/05/2019 04:55:02 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.
/
PLAINTIFF HARRY BIEBERSTEIN’S FIRST REQUEST FOR ADMISSIONS TO
PROPOSED INTERVENOR, BERNARDO EMMANUEL ROSELLO ROBLES
Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla. R. Civ. P. 1.370, requests Proposed
Intervenor, BERNARDO EMMANUEL ROSELLO ROBLES, (“Robles” or “‘you”) to admit the
truth of the matters described in the following requests in paragraphs 1 through 16, within thirty
(30) days hereof.
1 Admit that Plaintiff recorded a Notice of Lis Pendens at Official Records Book 4446,
Pages 1007-1019 of the Public Records of Charlotte County against the real property
located at 21066 Gephart Avenue, Port Charlotte, Florida 33952 at 3:18 p.m. on June 5,
2019.
Admit that your purported interest in the real property located at 21066 Gephart Avenue,
Port Charlotte, Florida 33952 is an interest other than an easement of use.
Admit that, as of 3:18 p.m. on June 5, 2019, you were not in possession of the real
property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952.
Admit that, as of 3:18 p.m. on June 5, 2019, you did not have a recorded interest in the
teal property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952.
Admit that you did not file a motion to intervene in the above-captioned action within 30
days after the recording of the notice of lis pendens on June 5, 2019.
Admit that you had constructive notice of the Plaintiff's claims against the real property
located at 21066 Gephart Avenue, Port Charlotte, Florida 33952 at the time that you
purchased said property on June 28, 2019.
58546676-1
Admit that you are not a bona fide purchaser of the real property located at 21066
Gephart Avenue, Port Charlotte, Florida 33952 for value and without notice.
Admit that you had no recorded interest in the real property located at 21066 Gephart
Avenue, Port Charlotte, Florida 33952 until the Warranty Deed was recorded at Official
Records Book 4457, Pages 1441-42 of the Public Records of Charlotte County, Florida
on July 8, 2019,
Admit that you have a claim against Moonstone Holdings, LLC for breach of the
covenant against encumbrances.
10. Admit that you have a claim against Moonstone Holdings, LLC for breach of the
covenant of quiet enjoyment.
11 Admit that you have a claim against Moonstone Holdings, LLC for breach of the
covenant of warranty.
12. Admit that you have a claim against Moonstone Holdings, LLC for breach of the
covenant of further assurances.
13 Admit that you purchased an Owner’s Title Insurance Policy in connection with your
purchase of the real property located at 21066 Gephart Avenue, Port Charlotte, Florida
33952.
14. Admit that you received a title commitment prior to your purchase of the real property
located at 21066 Gephart Avenue, Port Charlotte, Florida 33952.
15 Admit that the title commitment disclosed the existence of the Plaintiff's Notice of Lis
Pendens recorded at Official Records Book 4446, Pages 1007-1019 of the Public Records
of Charlotte County.
16. Admit that your title insurer has a statutory and/or contractual duty to defend your title to
the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing document on December 5,
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@comcast.net, Counsel for Carol DeVille and
58546676-1
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, Barnes Walker, Goethe, Perron & Shea, PLLC, 3119 Manatee Avenue
West, Bradenton, Florida 34205 at ksnyderman@bameswalker.com and
mfuller@barneswalker.com, Counsel for Proposed Intervenors Walfre Monrroy, Nora Monrroy,
and Bernardo Emmanuel Rosello Robles.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Primary: ryan.owen@arlaw.com
Secondary: drew.chesanek@arlaw.com
Secondary: deborah.woodson@arlaw.com
Phone: (941) 316-7600
Counsel for Harry Bieberstein
By:_/s/ Ryan W. Owen
Ryan W. Owen
Florida Bar No. 029355
Drew F. Chesanek
Florida Bar No. 115933
58546676-1
Preview
Filing # 99883716 E-Filed 12/05/2019 04:55:02 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. / PLAINTIFF HARRY BIEBERSTEIN’S FIRST REQUEST FOR ADMISSIONS TO PROPOSED INTERVENOR, BERNARDO EMMANUEL ROSELLO ROBLES Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla. R. Civ. P. 1.370, requests Proposed Intervenor, BERNARDO EMMANUEL ROSELLO ROBLES, (“Robles” or “‘you”) to admit the truth of the matters described in the following requests in paragraphs 1 through 16, within thirty (30) days hereof. 1 Admit that Plaintiff recorded a Notice of Lis Pendens at Official Records Book 4446, Pages 1007-1019 of the Public Records of Charlotte County against the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952 at 3:18 p.m. on June 5, 2019. Admit that your purported interest in the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952 is an interest other than an easement of use. Admit that, as of 3:18 p.m. on June 5, 2019, you were not in possession of the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952. Admit that, as of 3:18 p.m. on June 5, 2019, you did not have a recorded interest in the teal property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952. Admit that you did not file a motion to intervene in the above-captioned action within 30 days after the recording of the notice of lis pendens on June 5, 2019. Admit that you had constructive notice of the Plaintiff's claims against the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952 at the time that you purchased said property on June 28, 2019. 58546676-1 Admit that you are not a bona fide purchaser of the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952 for value and without notice. Admit that you had no recorded interest in the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952 until the Warranty Deed was recorded at Official Records Book 4457, Pages 1441-42 of the Public Records of Charlotte County, Florida on July 8, 2019, Admit that you have a claim against Moonstone Holdings, LLC for breach of the covenant against encumbrances. 10. Admit that you have a claim against Moonstone Holdings, LLC for breach of the covenant of quiet enjoyment. 11 Admit that you have a claim against Moonstone Holdings, LLC for breach of the covenant of warranty. 12. Admit that you have a claim against Moonstone Holdings, LLC for breach of the covenant of further assurances. 13 Admit that you purchased an Owner’s Title Insurance Policy in connection with your purchase of the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952. 14. Admit that you received a title commitment prior to your purchase of the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952. 15 Admit that the title commitment disclosed the existence of the Plaintiff's Notice of Lis Pendens recorded at Official Records Book 4446, Pages 1007-1019 of the Public Records of Charlotte County. 16. Admit that your title insurer has a statutory and/or contractual duty to defend your title to the real property located at 21066 Gephart Avenue, Port Charlotte, Florida 33952. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing document on December 5, 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@comcast.net, Counsel for Carol DeVille and 58546676-1 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, Barnes Walker, Goethe, Perron & Shea, PLLC, 3119 Manatee Avenue West, Bradenton, Florida 34205 at ksnyderman@bameswalker.com and mfuller@barneswalker.com, Counsel for Proposed Intervenors Walfre Monrroy, Nora Monrroy, and Bernardo Emmanuel Rosello Robles. ADAMS AND REESE LLP 1515 Ringling Boulevard, Suite 700 Sarasota, Florida 34236 Primary: ryan.owen@arlaw.com Secondary: drew.chesanek@arlaw.com Secondary: deborah.woodson@arlaw.com Phone: (941) 316-7600 Counsel for Harry Bieberstein By:_/s/ Ryan W. Owen Ryan W. Owen Florida Bar No. 029355 Drew F. Chesanek Florida Bar No. 115933 58546676-1