Preview
a
17-917 CA
DO
SOs 9
Benn
22 pe
ws
&
Bree zs
sZiom
ra
wos aw
tH
of
Ez
P
>=
wRO
oub>
Aa
SER
Qn8
=e
Sox
END
e558
Afe
fm
aon
a2ea
Fm
iba_-
co
feqis =
yo
pel
Pyo
_P-
Mi a7 th o
oN
of
=U
Rw
ok
ay
1S)
for
Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
e
@ Complete items 1, 2, and3. Also complete ‘A. Signature
iter 4 If Restricted Delivery Is desired.
@ Print your name and address on the reverse
‘so that we can return the card to
x Qa
Oo
\S
™ Attach this card to the back of the mallplece, 8. Received by (Printed Name) C. Date of Delivery’
or on the front if space permits,
D. Is delivery address different from Item 1? 0 Yes.
‘hei
1. Article Addressed to:
If YES, enter delivery address below: [No
Gabel Kosch
[F20¢ keepZY
OT ChalteH 336O/
3. Service Type
Carte Mate 1D Priority Mall Express™
1 Retum Receipt for
Lb CA S872.WK
Cieoed ves C Cotect on Delivery ‘
4. Restricted
Delivery? (Extra Foe) Oves \
2. Article Number
(Trenster
from service label) RE S44 434 317 US
PS Form 3811, July 2013 Domestic
Return Receipt
Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
[X] IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
(J IN THE COUNTY COURT IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NUMBER: 2016 CA 005872 NC
HARRY BIEBERSTEIN
Plaintiff
- VS -
GABRIEL KIRCHBERGER
Defendant
NOTICE OF RECORDING
TO: GABRIEL KIRCHBERGER
15204 LEIPZIG CIRCLE
PORT CHARLOTTE, FL. 33981
Please be advised that the attached Judgment has been recorded in the Official Records. This.judgment may become a lien
‘on your property unless you act within 30 days. For additional information, consult with an attorney or refer to Section 55.505
et. Seq. or 55.601 et. Seq., Florida Statutes
HARRY BIEBERSTEIN MARK ALAN SLACK
Judgment Creditor Attorney for Judgment Creditor
Address is unknown WOODS, WEIDENMILLER , MICHETTI ET AL
9045 STRADA STELL COURT, STE. 400
NAPLES, FL. 341
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true copy of the foregoing has been delivered by U.S. Mail to the above named addressee.
KAREN
E. RUSHING. CLERK
=I
CLERK OF THE CIRCUIT COURT
fey
MA Seca on Ling,
C Brandenburg, Deputy Clerk DATE: | November 18, 2016
Page 1 of 1
Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
:
0-8535-00CL
Court File No. CV-10-8534-00CL and CV-1
ONTARIO
SUPERIOR COURT OF JUSTICE
COMMERCIAL LIST
THE HONOURABLE ) re O2"
) DAY OF Sejlonlan) aol
MADAM JUSTICE THORBURN
BETWEEN:
Qolle C& SETA NC
(Court Seal),
HARRY BIEBERSTEIN
Plaintiff
and
ESS INC.,
RIE L KIR CHB ERG ER, SUS ANN E VIKTORIA SCI HMIDT, NOMEN FITN
GAB RRYING ON
852 ONTARIO LIMITED CA!
487223 ONTARIO LIMITE D and 1171 SER VIC E
BUSINESS AS G.K. YORK MANAGEMENT
Defendants
JUDGMENT
without a
n February 7, 2014 and March 9, 2014
THIS ACTION was heard betwee
nto, Ontario, M5G 1R7,
University Avenue, 8th Floor, Toro
jury at the court hou: se, 330
all parties,
in the presence of the lawyers for
HEARING TH IE EVIDENCE
and the
THE PLEADINGS AND
ON READING
the parties,
submissions of the lawyers for
between
DECLARES AND AD) JUDGES that Acknowledgments
1 THIS COURT
Hypo Bank are enforceable.
Gabriel Kirchberger and Berlin
a
Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
—— —
-2-
,
THIS COURT DECLARES AND ADJUDGES that the Plaintiff is entitled to
enforce against the assets of Gabriel Kirchberger located in Ontario in the manner
and to the extent as if he had obtained judgment against Kirchberger for the
payment of money in the amount of the liability assumed in the
acknowledgments, as quantified in Paragraph 3 below.
THIS COURT DECLARES AND ADJUDGES that the amount of the liability
assumed in the Acknowledgements is €8,391,909.49, inclusive of pre-judgment
interest through to the date of this judgment, plus any post-judgment interest
accrued on the unpaid balance of the liability assumed in the Acknowledgements,
which shall accrue at a rate of 3% per year.
THIS COURT DECLARES AND ADJUDGES that the Claim to enforce the
Acknowledgment between Gabriel Kirchberger and Hypo Bank is dismissed.
THIS COURT DECLARES AND ADJUDGES that the claim in fraud and unjust
enrichment against Gabriel Kirchberger is dismissed.
THIS COURT DECLARES AND ADJUDGES that the claim against Susanne
Viktoria Schmidt, Nomen Fitness Inc., 487223 Ontario Limited and 1171852
Ontario Limited carrying on business as G.K. York Management Services for
unjust enrichment in relation to the Banks is dismissed.
a ——
FL
11/18/2016 01:05 PM - Karen E. Rushing,
Clerk of the Circuit Court, Sarasota County,
Filed
_-
ty, FL
Clerk of the Circuit Court, Sarasota Coun
Filed 02/03/2017 08:43 AM - Karen E. Rushing,
*
THIS COURT DECLARES AND ADJUDGES that the Defendant Gabriel
Kirchberger pay to the Plaintiff costs and disbursements in the amount of
$56,738.67, inclusive of HST.
THIS COURT DECLARES AND ADJUDGES that the Plaintiff pay to Ms.
Susanne Viktoria Schmidt costs in the amount of $5,000.00.
ENTERED AT /INSCAITAT ‘ORONTO
| tS EGISTRE No:
LE/ DANS
SEP 2.6 2016
penpand\
TP
Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
ar
RR
mo Pom
@eco>
2m
=e
Be
DH
65
az sg89
a3 Z "5
LS
>
a
ao
oa
ae
2s
Gr gfo6
Sa
°3 wZ Za
00 moO
2G
On
>a
roo
cm
a oe
—— —
Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
.
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
HARRY BIEBERSTEIN,
Plaintiff
v. Case No.:
GABRIEL KIRCHBERGER, SUSANNE VIKTORIA
SCHMIDT, NOMEN FITNESS INC., 487223
ONTARIO LIMITED and 1171852 ONTARIO
LIMITED CARRYING ON BUSINESS AS
G.K.YORK MANAGEMENT SERVICE,
Defendants.
/
AEFIDAVIT OF DEFENDANT'S LAST KNOWN ADDRESS
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME this day, an officer duly qualified to take acknowledgments in the County
and State aforesaid, personally appeared MARK A. SLACK, ESQ., who, being first duly sworn,
deposes and says:
a) Defendant's name is GABRIEL KIRCHBERGER.
b) The last known addresses of the Defendant are: 608 Harvard Street, Englewood,
Florida 34223 and 15204 Leipzig Circle, port Charlotte, Florida 33981
\ declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge, information and belief.
Further Affiant sayeth naught. (WM
Mark A. Slack
Florida Bar No.: 394785
WOODS, WEIDENMILLER, MICHETT!, RUDNICK
& GALBRAITH, PLLC
9045 Strada Stell Court, Suite 400
Naples, Florida 34109
(239) 325-4070 — Telephone
(239) 325-4080 ~ Facsimile
mslack@wwmrglaw.cot
Ddi | m
Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County,
FL
Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court,
Sarasota County, FL
The foregoing instrument was led led befgre me this 1g day of November,
2016, by MarkA. Slack, who is perso: fi who gid take an oath.
(sl DIANA
B. DIAZ
Notary Public - State of Flora
msmes
a
My Commission Expires:
iplic
an
p19
Comminaion # FF 915550
Ry Comm. Expires Dec 26, 2019)
eatcred Vctary hase.
‘STATE OF FLORIDA, COUNTY OF SARASOTA
he
| heredy cert that the t lore; ig |S a true and correct cov oy
of pages_| through of the instrume:
AAS, this office 7 he Original instrument filed contains
Ze
aN,Ca
e's
vs.
24 @ mes.‘his copy
Witne:
has no redactions.
hang and official
Q Thi
redact
this
has been
jant to law
day of
KAREN USF HE CU OU;
Means
Se
Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Preview
a 17-917 CA DO SOs 9 Benn 22 pe ws & Bree zs sZiom ra wos aw tH of Ez P >= wRO oub> Aa SER Qn8 =e Sox END e558 Afe fm aon a2ea Fm iba_- co feqis = yo pel Pyo _P- Mi a7 th o oN of =U Rw ok ay 1S) for Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL e @ Complete items 1, 2, and3. Also complete ‘A. Signature iter 4 If Restricted Delivery Is desired. @ Print your name and address on the reverse ‘so that we can return the card to x Qa Oo \S ™ Attach this card to the back of the mallplece, 8. Received by (Printed Name) C. Date of Delivery’ or on the front if space permits, D. Is delivery address different from Item 1? 0 Yes. ‘hei 1. Article Addressed to: If YES, enter delivery address below: [No Gabel Kosch [F20¢ keepZY OT ChalteH 336O/ 3. Service Type Carte Mate 1D Priority Mall Express™ 1 Retum Receipt for Lb CA S872.WK Cieoed ves C Cotect on Delivery ‘ 4. Restricted Delivery? (Extra Foe) Oves \ 2. Article Number (Trenster from service label) RE S44 434 317 US PS Form 3811, July 2013 Domestic Return Receipt Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL [X] IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA (J IN THE COUNTY COURT IN AND FOR SARASOTA COUNTY, FLORIDA CASE NUMBER: 2016 CA 005872 NC HARRY BIEBERSTEIN Plaintiff - VS - GABRIEL KIRCHBERGER Defendant NOTICE OF RECORDING TO: GABRIEL KIRCHBERGER 15204 LEIPZIG CIRCLE PORT CHARLOTTE, FL. 33981 Please be advised that the attached Judgment has been recorded in the Official Records. This.judgment may become a lien ‘on your property unless you act within 30 days. For additional information, consult with an attorney or refer to Section 55.505 et. Seq. or 55.601 et. Seq., Florida Statutes HARRY BIEBERSTEIN MARK ALAN SLACK Judgment Creditor Attorney for Judgment Creditor Address is unknown WOODS, WEIDENMILLER , MICHETTI ET AL 9045 STRADA STELL COURT, STE. 400 NAPLES, FL. 341 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy of the foregoing has been delivered by U.S. Mail to the above named addressee. KAREN E. RUSHING. CLERK =I CLERK OF THE CIRCUIT COURT fey MA Seca on Ling, C Brandenburg, Deputy Clerk DATE: | November 18, 2016 Page 1 of 1 Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL : 0-8535-00CL Court File No. CV-10-8534-00CL and CV-1 ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST THE HONOURABLE ) re O2" ) DAY OF Sejlonlan) aol MADAM JUSTICE THORBURN BETWEEN: Qolle C& SETA NC (Court Seal), HARRY BIEBERSTEIN Plaintiff and ESS INC., RIE L KIR CHB ERG ER, SUS ANN E VIKTORIA SCI HMIDT, NOMEN FITN GAB RRYING ON 852 ONTARIO LIMITED CA! 487223 ONTARIO LIMITE D and 1171 SER VIC E BUSINESS AS G.K. YORK MANAGEMENT Defendants JUDGMENT without a n February 7, 2014 and March 9, 2014 THIS ACTION was heard betwee nto, Ontario, M5G 1R7, University Avenue, 8th Floor, Toro jury at the court hou: se, 330 all parties, in the presence of the lawyers for HEARING TH IE EVIDENCE and the THE PLEADINGS AND ON READING the parties, submissions of the lawyers for between DECLARES AND AD) JUDGES that Acknowledgments 1 THIS COURT Hypo Bank are enforceable. Gabriel Kirchberger and Berlin a Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL —— — -2- , THIS COURT DECLARES AND ADJUDGES that the Plaintiff is entitled to enforce against the assets of Gabriel Kirchberger located in Ontario in the manner and to the extent as if he had obtained judgment against Kirchberger for the payment of money in the amount of the liability assumed in the acknowledgments, as quantified in Paragraph 3 below. THIS COURT DECLARES AND ADJUDGES that the amount of the liability assumed in the Acknowledgements is €8,391,909.49, inclusive of pre-judgment interest through to the date of this judgment, plus any post-judgment interest accrued on the unpaid balance of the liability assumed in the Acknowledgements, which shall accrue at a rate of 3% per year. THIS COURT DECLARES AND ADJUDGES that the Claim to enforce the Acknowledgment between Gabriel Kirchberger and Hypo Bank is dismissed. THIS COURT DECLARES AND ADJUDGES that the claim in fraud and unjust enrichment against Gabriel Kirchberger is dismissed. THIS COURT DECLARES AND ADJUDGES that the claim against Susanne Viktoria Schmidt, Nomen Fitness Inc., 487223 Ontario Limited and 1171852 Ontario Limited carrying on business as G.K. York Management Services for unjust enrichment in relation to the Banks is dismissed. a —— FL 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, Filed _- ty, FL Clerk of the Circuit Court, Sarasota Coun Filed 02/03/2017 08:43 AM - Karen E. Rushing, * THIS COURT DECLARES AND ADJUDGES that the Defendant Gabriel Kirchberger pay to the Plaintiff costs and disbursements in the amount of $56,738.67, inclusive of HST. THIS COURT DECLARES AND ADJUDGES that the Plaintiff pay to Ms. Susanne Viktoria Schmidt costs in the amount of $5,000.00. ENTERED AT /INSCAITAT ‘ORONTO | tS EGISTRE No: LE/ DANS SEP 2.6 2016 penpand\ TP Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL ar RR mo Pom @eco> 2m =e Be DH 65 az sg89 a3 Z "5 LS > a ao oa ae 2s Gr gfo6 Sa °3 wZ Za 00 moO 2G On >a roo cm a oe —— — Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL . IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION HARRY BIEBERSTEIN, Plaintiff v. Case No.: GABRIEL KIRCHBERGER, SUSANNE VIKTORIA SCHMIDT, NOMEN FITNESS INC., 487223 ONTARIO LIMITED and 1171852 ONTARIO LIMITED CARRYING ON BUSINESS AS G.K.YORK MANAGEMENT SERVICE, Defendants. / AEFIDAVIT OF DEFENDANT'S LAST KNOWN ADDRESS STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME this day, an officer duly qualified to take acknowledgments in the County and State aforesaid, personally appeared MARK A. SLACK, ESQ., who, being first duly sworn, deposes and says: a) Defendant's name is GABRIEL KIRCHBERGER. b) The last known addresses of the Defendant are: 608 Harvard Street, Englewood, Florida 34223 and 15204 Leipzig Circle, port Charlotte, Florida 33981 \ declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief. Further Affiant sayeth naught. (WM Mark A. Slack Florida Bar No.: 394785 WOODS, WEIDENMILLER, MICHETT!, RUDNICK & GALBRAITH, PLLC 9045 Strada Stell Court, Suite 400 Naples, Florida 34109 (239) 325-4070 — Telephone (239) 325-4080 ~ Facsimile mslack@wwmrglaw.cot Ddi | m Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL The foregoing instrument was led led befgre me this 1g day of November, 2016, by MarkA. Slack, who is perso: fi who gid take an oath. (sl DIANA B. DIAZ Notary Public - State of Flora msmes a My Commission Expires: iplic an p19 Comminaion # FF 915550 Ry Comm. Expires Dec 26, 2019) eatcred Vctary hase. ‘STATE OF FLORIDA, COUNTY OF SARASOTA he | heredy cert that the t lore; ig |S a true and correct cov oy of pages_| through of the instrume: AAS, this office 7 he Original instrument filed contains Ze aN,Ca e's vs. 24 @ mes.‘his copy Witne: has no redactions. hang and official Q Thi redact this has been jant to law day of KAREN USF HE CU OU; Means Se Filed 11/18/2016 01:05 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Filed 02/03/2017 08:43 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL