Preview
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
Filing # 92205331 E-Filed 07/08/2019 04:38:21 PM
IN THE CIRCUIT COURT OF THE 17-1-H JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
IN RE: ESTATE OF FILE NO.: PR-C-18-0002301
THEROLD JOHN RATHGEG, SR.
Deceased.
22- 00 17 60 4
PETER RATHGEB, SANDRA BYRNES, and
PATRICIA RATHGEB,
Petitioners,
IG+AA47
..J,,,R,.,,-,13
/'d,
V. ADVERSARY PROCEEDING
-? O B B
L?
THEROLD J. RATHGEB, JR., as
Personal Representative and individually,
I DEC 0 1 2022
Respondent.
By
NOTICE OF SERVING PETITIONER'S, PATRICIA RATHGEB, RESPONSES TO
RESPONDENT'S FIRST SET OF INTERROGATORIES
COMES NOW, Petitioner, PATRICIA RATHGEB ("Patricia"), by and through her
undersigned counsel, pursuant to Rule 1.340, Fla. R. Civ. P., hereby serves her
responses to Respondent's First Set of Interrogatories.
Respectfully submitted,
ADRIAN PHILIP THOMAS, PA
Counsel for Petitioners
SunTrust Center, Suite 1050
515 E. Las Olas Blvd.
Ft. Lauderdale, FL 33301
(954) 764-7273 Telephone
-
/s/ Daniel A. McGowan
Daniel A. McGowan, Esq.
FBN: 94482
COMPOSITE EXHIBIT A
ADRIAN PHILIP THOMAS PA
Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort
-
Lauderdale, Florida 33301
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
-
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
CERTIFICATE OF SERVICE AND COMPLIANCE
I HEREBY CERTIFY that a true and correct copy of the foregoing pleading was
sent by e-mail via the Florida Courts eFiling Portal (pursuant to Rule 2.516, Florida Rules
of Judicial Administration and Administrative Order SC13-49), on this 8th day of July, 2019
to all those listed on the attached Service List where an e-mail address is indicated below;
otherwise, e-mail service was not made to pro se individuals who have not provided an
e-mail address for service but were served via regular U.S. Mail.
/s/ Daniel A. McGowan
Daniel A. McGowan, Esquire
For the Firm
ADRIAN PHILIP THOMAS PA
Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
-
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
SERVICE LIST
Kenneth R. Mikos, Esquire
Law Offices of Kenneth R. Mikos, PA
2780 E. Oakland Park Blvd.
Ft. Lauderdale, FL 33306
Counsel for Therold J. Rathgeb, Jr.
Alexander Platt, Esquire
Di Pietro Partners LLP
901 E. Las Olas Blvd., Suite 202
Ft. Lauderdale, FL 33301
service@ddpalaw.com
alex@ddpalaw.com
Counsel for Therold John Rathgeb, Jr.
As Personal Representative
ADRIAN PHILIP THOMAS,PA. I
Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
-
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
IN RE: ESTATE OF FILE NO.: PR-C-18-0002301
THEROLD JOHN RATHGEG, SR.
Deceased.
PETER RATHGEB, SANDRA BYRNES, and
PATRICIA RATHGEB,
Petitioners,
V. ADVERSARY PROCEEDING
THEROLD J. RATHGEB, JR., as
Personal Representative and individually,
Respondent.
PETITIONER'S, PATRICIA RATHGEB, UNVERIFIED RESPONSES TO
RESPONDENT'S FIRST SET OF INTERROGATORIES
COMES NOW, Petitioner, PATRICIA RATHGEB ("Patricia"), by and through her
undersigned counsel, pursuant to Rule 1.340, Fla. R. Civ. P., hereby responds to
Respondent's First Set of Interrogatories and states as follows:
GENERAL OBJECTIONS AND ASSERTIONS
Patricia objects to any request that seeks information or documents protected by
the attorney-client or work product privileges and has answered these Interrogatories
assuming that the Respondent is not seeking information or documents so privileged. No
privilege is waived by answering the Respondent's discovery requests.
ADRIAN PHILIP THOMAS PA
Las Olas Square -
515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
Patricia objects to these Interrogatories as unduly burdensome and oppressive
insofar as they seek information or documents already in the Respondent's possession,
custody, or control, or documents equally available to the Respondent.
All Interrogatories are responded to as required by the Florida Rules of Civil
Procedure. Where an answer to an Interrogatory request can be answered by a
document produced in response to the Respondent's Requests for Production, Patricia
will answer the Interrogatoryby indicating the location of the document responsive to the
request, pursuant to Florida Rule of Civil Procedure 1.340(c).
All of Patricia's responses are solely for the purpose of the subject matter of these
legal proceedings. Patricia has made diligent efforts to respond to the Respondent's
discovery requests. As discovery is continuing, there may be further information,
persons, or documents responsive to the Respondent's requests not presently within
Patricia's knowledge. This response does not represent an admission or representation
that additional facts, documents, or persons with relevant knowledge of the subject matter
of the above-referencedlawsuit do not exist. As discovery and litigation continue, Patricia
may obtain additional information relevant to the Respondent's discovery requests.
Patricia reserves the right to amend, alter, or supplement her discovery responses as
necessary at any time.
Except for the explicit facts stated herein, no incidental admissions are intended
hereby. The fact that Patricia responded to the Interrogatories is not an admission that
she accepts or admits the existence of facts set forth or assumed by any interrogatory.
The fact that Patricia answered all or part of any interrogatoryis not intended and should
not be construed to be a waiver of all or any part of any objections to the interrogatory.
ADRIAN PHILIP THOMASPA
Las Olas Square -
515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
-
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
As used herein, "the Respondent" refers to THEROLD J. RATHGEB, JR., as
Personal Representative.
As used herein, "Patricia" refers to Petitioner, PATRICIA RATHGEB.
"
As used herein, Decedent," refers to Therold John Rathgeb, Sr., the Decedent in
the above styled probate case pending in Broward County, Florida.
As used herein, "the Proceedings," refers to the above legal proceedings, pending
in Broward County with File Number PRC 18-0002301.
RESPONSES TO FIRST SET OF INTERROGATORIES
1. State the and address of the person answering these Interrogatories,
name
and, if applicable, the person's official position or relationship with the party to whom the
Interrogatories are directed.
ANSWER: Patricia A. Rathgeb, 101 Plaza Real South, #401, Boca Raton, FL
33432
2. Identify each person, other than a person intended to be called as an expert
witness at trial, who is believed or known by you, your agents, or your attorneys to have
any knowledge concerning any of the issues in this lawsuit, and specify the subject matter
about which the witness has knowledge.
ANSWER: Plaintiffs and Defendant.
3. Identify each person whom you expect to call as an expert witness at trial,
and to each such witness, state the name and business address of the witness, the
as
witnesses' qualifications as an expert, the subject matter upon which the witness is
expected to testify, the substance of the facts and opinions to which the witness is
expected to testify, and a summary of the grounds for each opinion.
ANSWER: I have not made that determination.
4. If you intend to any documents or other tangible things to support a
rely on
position that you have taken or intend to take in the action, including any claims for
damages, provide a brief description by category and location, of all such documents,
and other tangible things, and identify all persons having possession, custody, or control
of them.
ADRIAN PHILIP THOMASPA,
Las Olas Square -
515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
-
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
ANSWER: I have not yet made a determinationof what document I intend
to rely on.
5. Please identify all communications between you and Therold Rathgeb, Sr.
relating to the
allegations Complaint. Your response should include, without
of the
limitation, identification of all such communications relating to the subject deed which is
referred to in Count One of the Complaint (titled "Cancellation of Deed").
ANSWER: My father's communicationsto me regarding the transfer of the
Deed when I first told my father about it in approximately August or
September, 2012, was a very strong response from him that "It's my house;
that was all Johns' doing!" He also said, "Your mother and I agreed that we
always wanted the house and whatever else we leave to be divided "Even
Steven" among all of our four children." Every time that I picked up and
dropped off my father, since the discovery of the Deed transfer, he would
always say a combination of the following regarding the house now
"
being in ".
John's name, "What have l done" "John is taking my money.' 'What is
." "1
happening to me? ;Is John sending me away" "John says that he needs
a break from me." "That 'broad' that is there at the house is always saying
that they need a break from me." "I'm so worried." "Don't tell John what I
said." "1'm scared to be left alone." "Can't you do anything" "John needs
a break." "He will send me to a home if you kids don't take me." "I want to
" "
be back in my house.' 'Where are we going, and will I be going back to my
"
home" "John says that you kids.want to send me to a home.'
6. State the facts that support the allegations contained in Count One of the
Complaint.
ANSWER: My brother unduly influenced my father into executing the deed.
7. State the facts that support the allegations contained in Count Two of the
Complaint.
ANSWER: My brother did not notify us of the existence of the trust or its
administration.
8. State the facts that support the allegations contained in Count Three of the
Complaint.
ANSWER: My brother unduly influenced my father into transferring
virtually all of his assets so that they were not distributed as my father
intended.
ADRIAN PHILIP THOMASM
Las Olas Square -
515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
-
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
9. Describe in detail each act or omission on the part of Therold Rathgeb, Jr.
that you contend constitute a breach of fiduciary duty that was a contributinglegal cause
of any harm to you.
ANSWER: On July 4, 2016 while I was dropping off my father back at his
residence, John (Jr) came down the driveway and said, "1 will pay you
$85,000 for you to sign this document." I did not respond to him and I just
drove away without answering. This offer prompted the letter dated July 5,
2016 whereby we counter-offered to settle his (John Jr.) offer to purchase
our (Plaintiff's) interests in the property for fifty percent of the appraised
value of the real estate property. Please see attached letter dated July 5,
2016.
Identify all electronic devices, including without limitation, computers,
10.
personal digital assistants and cell phones utilized by yourself, or your attorneys, or other
agents on your behalf containing any evidence to support the allegations contained in all
Counts of the Complaint.
ANSWER: Suzanne Rathgeb's and Plaintiff's, Pete Rathgeb, Patricia
Rathgeb and Sandra Byrnes' iPhones, video, texts, photos, emails, pdfs on
computer where applicable.
11. State whether you have been a party, either a plaintiff, or defendant,
ever
in a lawsuit other than the present matter, and, if so, state whether you were the Plaintiff
or Defendant, the nature of the action, and the date, and court in which such suit was filed
and the case number of the lawsuit(s).
ANSWER: Chapter 13 Bankruptcy, Case No. 15-14029-PGH, converted to
Chapter 7 on 02/10/2016, 2019 and discharged entered 07/20/2017.
Patricia V. Atlas Service, Inc. d/b/a Atlas Mechanical, a Florida
Rathgeb.
corporation, Palm Beach County Court Case No.
filed 11/29/2018, and settled and voluntarily dismissed on 02/06/2019. Suit
for damages to AC compressor in Boca South Condominium Unit 508.
12.
Identify all documents relied upon and persons consulted in answering the
foregoing interrogatories.
ANSWER: Online court records, and copies of any documents in
possession Suzanne Rathgeb's and Plaintiff's, Pete Rathgeb, Patricia
Rathgeb and Sandra Byrnes' iPhones, videos, texts, photos, emails, pdfs on
computer where applicable.
ADRIAN PHILIP THOMAS PA,
Las Olas Square -
515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
Filing # 93920794 E-Filed 08/09/2019 10:50:09 AM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
IN RE: ESTATE OF FILE NO.: PR-C-18-0002301
THEROLD JOHN RATHGEG, SR.
Deceased.
PETER RATHGEB, SANDRA BYRNES, and
PATRICIA RATHGEB,
Petitioners,
V. ADVERSARY PROCEEDING
THEROLD J. RATHGEB, JR., as
Personal Representative and individually,
Respondent.
i
PETITIONER'S, PETER RATHGEB, RESPONSES TO
RESPONDENT'S FIRST SET OF INTERROGATORIES
COMES NOW, Petitioner, PETER RATHGEB ("Peter"), by and through his
undersigned counsel, pursuant to Rule 1.340, Fla. R. Civ. P., hereby responds to
Respondent's First Set of Interrogatories and states as follows:
GENERAL OBJECTIONS AND ASSERTIONS
Peter objects to any request that seeks information or documents protected by the
attorney-client or work product privileges and has answered these Interrogatories
assuming that the Respondent is not seeking information or documents so privileged. No
privilege is waived by answering the Respondent's discovery requests.
ADRIAN PHILIP THOMAS u
Las Olas Square -
515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
-
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
Peter objects to these Interrogatories as unduly burdensome and oppressive
insofar as they seek information or documents already in the Respondent's possession,
custody, or control, or documents equally available to the Respondent.
All Interrogatories are responded to as required by the Florida Rules of Civil
Procedure. Where an answer to an Interrogatory request can be answered by a
document produced in response to the Respondent's Requests for Production, Peter will
answer the Interrogatory by indicating the location of the document responsive to the
request, pursuant to Florida Rule of Civil Procedure 1.340(c).
All of Peter's responses are solely for the purpose of the subject matter of these
legal proceedings. Peter has made diligent efforts to respond to the Respondent's
discovery requests. As discovery is continuing, there may be further information,
persons, or documents responsive to the Respondent's requests not presently within
Peter's knowledge. This response does not represent an admission or representation
that additional facts, documents, or persons with relevant knowledge of the subject matter
of the above-referenced lawsuit do not exist. As discovery and litigation continue, Peter
may obtain additional information relevant to the Respondent'sdiscovery requests. Peter
reserves the right to amend, alter, or supplement his discovery responses as necessary
at any time.
Except for the explicit facts stated herein, no incidental admissions are intended
hereby. The fact that Peter responded to the Interrogatories is not an admission that he
accepts or admits the existence of facts set forth or assumed by any interrogatory. The
ADRIAN PHILIP THOMAS PA
Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
-
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
-
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
fact that Peter answered all or part of any interrogatoryis not intended and should not be
construed to be a waiver of all or any part of any objections to the interrogatory.
As used herein, "the Respondent" refers to THEROLD J. RATHGEB, JR., as
Personal Representative.
As used herein, "Peter" refers to Petitioner, PETER RATHGEB.
As used herein, "Decedent," refers to Therold John Rathgeb, Sr., the Decedent in
the above styled probate case pending in Broward County, Florida.
As used herein, "the Proceedings," refers to the above legal proceedings, pending
in Broward County with File Number PRC 18-0002301.
RESPONSES TO FIRST SET OF INTERROGATORIES
1. State the name and address of the person answering these Interrogatories,
and, if applicable, the person's official position or relationship with the party to whom the
Interrogatories are directed.
ANSWER: Peter Rathgeb, 960 Evergreen Drive, Delray Beach, FL 33483
2. Identify each person, other than a person intended to be called as an expert
witness at trial, who is believed or known by you, your agents, or your attorneys to have
any knowledge concerning any of the issues in this lawsuit, and specify the subject matter
about which the witness has knowledge.
ANSWER: Plaintiffs and Defendantand Suzanne Rathgeb
3. Identify each person whom you expect to call as an expert witness at trial,
and to each such witness, state the name and business address of the witness, the
as
witnesses' qualifications as an expert, the subject matter upon which the witness is
expected to testify, the substance of the facts and opinions to which the witness is
expected to testify, and a summary of the grounds for each opinion.
ANSWER: Not yet determined.
4. If you intend to rely on any documents or other tangible things to support a
position that you have taken or intend to take in the action, including any claims for
damages, provide a brief description by category and location, of all such documents,
ADRIAN PHILIP THOMAS PA.
Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
-
Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I
-
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
and other tangible things, and identify all persons having possession, custody, or control
of them.
ANSWER: I do not know what documents I intend to rely on to support my
positions.
5. Please identify all communications between you and Therold Rathgeb, Sr.
relating to theallegations of the Complaint. Your response should include, without
limitation, identification of all such communications relating to the subject deed which is
referred to in Count One of the Complaint (titled "Cancellation of Deed").
ANSWER: In the fall of 2012, I picked up Pops for the usual Sunday afternoon
football at my house. Sandy was at the house visiting as well. We knew Pops had
signed the house over to John, and because I was executorof his estate, I asked him
what were his wishes for when he went to the Pearly Gates. Pops said he wanted
everything Even Stevens. I asked about his signing over the house to TJ and he said
that he did not do that. I told him that he did sign it over, He said that he did not want to
do that, and he wanted me to fix it. I then asked him again if he was sure that was what
he wanted and he said again even Stevens. Then Sandy asked if he meant the house
also, and he said yes, and the house. There was a second conversation when I was
with TJ at his house. I asked him if he wanted the house back in his name. He said
yes, he wanted the house in his name and to Fix it, he did not want it in John's name.
6. State the facts that support the allegations contained in Count One of the
Complaint.
ANSWER: My brother unduly influenced my father into executing the deed.
7. State the facts that support the allegations contained in Count Two of the
Complaint.
ANSWER: My brother did not inform us of the trust and it's administration.
8. State the facts that support the allegations contained in Count Three of the
Complaint.
ANSWER: My brother unduly influenced my father into transferring almost all of
his assets so that they were not distributed as he wished upon his death.
ADRIAN PHILIP THOMAS RA
Las Olas Square -
515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
Toll Free: (800) 249-8125 I Phone:(954) 764-7273 I
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
9. Describe in detail each act or omission on the part of Therold Rathgeb, Jr.
that you contend constitute a breach of fiduciary duty that was a contributinglegal cause
of any harm to you.
ANSWER: My brother did not inform us of the trust and it's administration.
Identify all electronic devices, including without limitation, computers,
10.
personal digital assistants and cell phones utilized by yourself, or your attorneys, or other
agents on your behalf containing any evidence to support the allegations contained in all
Counts of the Complaint.
ANSWER: Rathgeb's and Plaintiffs Peter Rathgeb, Patricia Rathgeb
Suzanne
and Sandy Byrnes iPhone's, videos, texts, photos, emails, pdfs on the computer
where applicable.
11. State whether you have ever been a party, either a plaintiff, or defendant,
in a lawsuit other than the present matter, and, if so, state whether you were the Plaintiff
or Defendant, the nature of the action, and the date, and court in which such suit was filed
and the case number of the lawsuit(s).
ANSWER: None
12. Identify all documents relied upon and persons consulted in answering the
foregoing interrogatories.
ANSWER: Online court records and copies of any documents in the possession of
Suzanne Rathgeb's and plaintiffs Peter Rathgeb, Patricia Rathgeb and Sandy Byrnes
iPhone's, videos, texts, photos, emails pdfs on the computer where applicable.
ADRIAN PHILIP THOMAS PA
Las Olas Square -
515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301
Toll Free: (800) 249-8125 I Phone. (954) 764-7273 I
-
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
i
1
17th Judicial CircuitCase PRC 18-0002301
In Re Estate ofRathgeb,Therold 1 Sr.
I. 13 of 13 First
Rage, {r.'s Interro#atories
Set of to Peter Ratbgeb
P#ge
the foregoing Answers to nerold
I, PETER RATHGEB? hereby verify that I have read
Rathgeb Jr. 's First Set of Inteogatorief, and that those answers are true and correct to the best
of my knowledge, informatio and belief.
9
-?
'?
PEMMNBHNGBB
) SS
COUNTY OF
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ly
BEFORE ME, the mdersigned commissioned authority, pergohally >#A>dared.
under
PETER RATHGEB, who aft#r being dulycautioned of the penalties ofpeijury andplaced
oath and stated that the stkements contained in this Therold Rathgeb, Jr.*s First Set of
true and correct to the best of the Affiant's knt)Wledge,
Interrogatories to Peter Ratgeb are
1informatip?and belief,4ndwho affixed his signature
to the foregoingAmdavit.
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Preview
**** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** Filing # 92205331 E-Filed 07/08/2019 04:38:21 PM IN THE CIRCUIT COURT OF THE 17-1-H JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IN RE: ESTATE OF FILE NO.: PR-C-18-0002301 THEROLD JOHN RATHGEG, SR. Deceased. 22- 00 17 60 4 PETER RATHGEB, SANDRA BYRNES, and PATRICIA RATHGEB, Petitioners, IG+AA47 ..J,,,R,.,,-,13 /'d, V. ADVERSARY PROCEEDING -? O B B L? THEROLD J. RATHGEB, JR., as Personal Representative and individually, I DEC 0 1 2022 Respondent. By NOTICE OF SERVING PETITIONER'S, PATRICIA RATHGEB, RESPONSES TO RESPONDENT'S FIRST SET OF INTERROGATORIES COMES NOW, Petitioner, PATRICIA RATHGEB ("Patricia"), by and through her undersigned counsel, pursuant to Rule 1.340, Fla. R. Civ. P., hereby serves her responses to Respondent's First Set of Interrogatories. Respectfully submitted, ADRIAN PHILIP THOMAS, PA Counsel for Petitioners SunTrust Center, Suite 1050 515 E. Las Olas Blvd. Ft. Lauderdale, FL 33301 (954) 764-7273 Telephone - /s/ Daniel A. McGowan Daniel A. McGowan, Esq. FBN: 94482 COMPOSITE EXHIBIT A ADRIAN PHILIP THOMAS PA Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort - Lauderdale, Florida 33301 Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I - **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** CERTIFICATE OF SERVICE AND COMPLIANCE I HEREBY CERTIFY that a true and correct copy of the foregoing pleading was sent by e-mail via the Florida Courts eFiling Portal (pursuant to Rule 2.516, Florida Rules of Judicial Administration and Administrative Order SC13-49), on this 8th day of July, 2019 to all those listed on the attached Service List where an e-mail address is indicated below; otherwise, e-mail service was not made to pro se individuals who have not provided an e-mail address for service but were served via regular U.S. Mail. /s/ Daniel A. McGowan Daniel A. McGowan, Esquire For the Firm ADRIAN PHILIP THOMAS PA Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 - Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** SERVICE LIST Kenneth R. Mikos, Esquire Law Offices of Kenneth R. Mikos, PA 2780 E. Oakland Park Blvd. Ft. Lauderdale, FL 33306 Counsel for Therold J. Rathgeb, Jr. Alexander Platt, Esquire Di Pietro Partners LLP 901 E. Las Olas Blvd., Suite 202 Ft. Lauderdale, FL 33301 service@ddpalaw.com alex@ddpalaw.com Counsel for Therold John Rathgeb, Jr. As Personal Representative ADRIAN PHILIP THOMAS,PA. I Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 - Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IN RE: ESTATE OF FILE NO.: PR-C-18-0002301 THEROLD JOHN RATHGEG, SR. Deceased. PETER RATHGEB, SANDRA BYRNES, and PATRICIA RATHGEB, Petitioners, V. ADVERSARY PROCEEDING THEROLD J. RATHGEB, JR., as Personal Representative and individually, Respondent. PETITIONER'S, PATRICIA RATHGEB, UNVERIFIED RESPONSES TO RESPONDENT'S FIRST SET OF INTERROGATORIES COMES NOW, Petitioner, PATRICIA RATHGEB ("Patricia"), by and through her undersigned counsel, pursuant to Rule 1.340, Fla. R. Civ. P., hereby responds to Respondent's First Set of Interrogatories and states as follows: GENERAL OBJECTIONS AND ASSERTIONS Patricia objects to any request that seeks information or documents protected by the attorney-client or work product privileges and has answered these Interrogatories assuming that the Respondent is not seeking information or documents so privileged. No privilege is waived by answering the Respondent's discovery requests. ADRIAN PHILIP THOMAS PA Las Olas Square - 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** Patricia objects to these Interrogatories as unduly burdensome and oppressive insofar as they seek information or documents already in the Respondent's possession, custody, or control, or documents equally available to the Respondent. All Interrogatories are responded to as required by the Florida Rules of Civil Procedure. Where an answer to an Interrogatory request can be answered by a document produced in response to the Respondent's Requests for Production, Patricia will answer the Interrogatoryby indicating the location of the document responsive to the request, pursuant to Florida Rule of Civil Procedure 1.340(c). All of Patricia's responses are solely for the purpose of the subject matter of these legal proceedings. Patricia has made diligent efforts to respond to the Respondent's discovery requests. As discovery is continuing, there may be further information, persons, or documents responsive to the Respondent's requests not presently within Patricia's knowledge. This response does not represent an admission or representation that additional facts, documents, or persons with relevant knowledge of the subject matter of the above-referencedlawsuit do not exist. As discovery and litigation continue, Patricia may obtain additional information relevant to the Respondent's discovery requests. Patricia reserves the right to amend, alter, or supplement her discovery responses as necessary at any time. Except for the explicit facts stated herein, no incidental admissions are intended hereby. The fact that Patricia responded to the Interrogatories is not an admission that she accepts or admits the existence of facts set forth or assumed by any interrogatory. The fact that Patricia answered all or part of any interrogatoryis not intended and should not be construed to be a waiver of all or any part of any objections to the interrogatory. ADRIAN PHILIP THOMASPA Las Olas Square - 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I - **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** As used herein, "the Respondent" refers to THEROLD J. RATHGEB, JR., as Personal Representative. As used herein, "Patricia" refers to Petitioner, PATRICIA RATHGEB. " As used herein, Decedent," refers to Therold John Rathgeb, Sr., the Decedent in the above styled probate case pending in Broward County, Florida. As used herein, "the Proceedings," refers to the above legal proceedings, pending in Broward County with File Number PRC 18-0002301. RESPONSES TO FIRST SET OF INTERROGATORIES 1. State the and address of the person answering these Interrogatories, name and, if applicable, the person's official position or relationship with the party to whom the Interrogatories are directed. ANSWER: Patricia A. Rathgeb, 101 Plaza Real South, #401, Boca Raton, FL 33432 2. Identify each person, other than a person intended to be called as an expert witness at trial, who is believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit, and specify the subject matter about which the witness has knowledge. ANSWER: Plaintiffs and Defendant. 3. Identify each person whom you expect to call as an expert witness at trial, and to each such witness, state the name and business address of the witness, the as witnesses' qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. ANSWER: I have not made that determination. 4. If you intend to any documents or other tangible things to support a rely on position that you have taken or intend to take in the action, including any claims for damages, provide a brief description by category and location, of all such documents, and other tangible things, and identify all persons having possession, custody, or control of them. ADRIAN PHILIP THOMASPA, Las Olas Square - 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I - **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** ANSWER: I have not yet made a determinationof what document I intend to rely on. 5. Please identify all communications between you and Therold Rathgeb, Sr. relating to the allegations Complaint. Your response should include, without of the limitation, identification of all such communications relating to the subject deed which is referred to in Count One of the Complaint (titled "Cancellation of Deed"). ANSWER: My father's communicationsto me regarding the transfer of the Deed when I first told my father about it in approximately August or September, 2012, was a very strong response from him that "It's my house; that was all Johns' doing!" He also said, "Your mother and I agreed that we always wanted the house and whatever else we leave to be divided "Even Steven" among all of our four children." Every time that I picked up and dropped off my father, since the discovery of the Deed transfer, he would always say a combination of the following regarding the house now " being in ". John's name, "What have l done" "John is taking my money.' 'What is ." "1 happening to me? ;Is John sending me away" "John says that he needs a break from me." "That 'broad' that is there at the house is always saying that they need a break from me." "I'm so worried." "Don't tell John what I said." "1'm scared to be left alone." "Can't you do anything" "John needs a break." "He will send me to a home if you kids don't take me." "I want to " " be back in my house.' 'Where are we going, and will I be going back to my " home" "John says that you kids.want to send me to a home.' 6. State the facts that support the allegations contained in Count One of the Complaint. ANSWER: My brother unduly influenced my father into executing the deed. 7. State the facts that support the allegations contained in Count Two of the Complaint. ANSWER: My brother did not notify us of the existence of the trust or its administration. 8. State the facts that support the allegations contained in Count Three of the Complaint. ANSWER: My brother unduly influenced my father into transferring virtually all of his assets so that they were not distributed as my father intended. ADRIAN PHILIP THOMASM Las Olas Square - 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I - **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** 9. Describe in detail each act or omission on the part of Therold Rathgeb, Jr. that you contend constitute a breach of fiduciary duty that was a contributinglegal cause of any harm to you. ANSWER: On July 4, 2016 while I was dropping off my father back at his residence, John (Jr) came down the driveway and said, "1 will pay you $85,000 for you to sign this document." I did not respond to him and I just drove away without answering. This offer prompted the letter dated July 5, 2016 whereby we counter-offered to settle his (John Jr.) offer to purchase our (Plaintiff's) interests in the property for fifty percent of the appraised value of the real estate property. Please see attached letter dated July 5, 2016. Identify all electronic devices, including without limitation, computers, 10. personal digital assistants and cell phones utilized by yourself, or your attorneys, or other agents on your behalf containing any evidence to support the allegations contained in all Counts of the Complaint. ANSWER: Suzanne Rathgeb's and Plaintiff's, Pete Rathgeb, Patricia Rathgeb and Sandra Byrnes' iPhones, video, texts, photos, emails, pdfs on computer where applicable. 11. State whether you have been a party, either a plaintiff, or defendant, ever in a lawsuit other than the present matter, and, if so, state whether you were the Plaintiff or Defendant, the nature of the action, and the date, and court in which such suit was filed and the case number of the lawsuit(s). ANSWER: Chapter 13 Bankruptcy, Case No. 15-14029-PGH, converted to Chapter 7 on 02/10/2016, 2019 and discharged entered 07/20/2017. Patricia V. Atlas Service, Inc. d/b/a Atlas Mechanical, a Florida Rathgeb. corporation, Palm Beach County Court Case No. filed 11/29/2018, and settled and voluntarily dismissed on 02/06/2019. Suit for damages to AC compressor in Boca South Condominium Unit 508. 12. Identify all documents relied upon and persons consulted in answering the foregoing interrogatories. ANSWER: Online court records, and copies of any documents in possession Suzanne Rathgeb's and Plaintiff's, Pete Rathgeb, Patricia Rathgeb and Sandra Byrnes' iPhones, videos, texts, photos, emails, pdfs on computer where applicable. ADRIAN PHILIP THOMAS PA, Las Olas Square - 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** Filing # 93920794 E-Filed 08/09/2019 10:50:09 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IN RE: ESTATE OF FILE NO.: PR-C-18-0002301 THEROLD JOHN RATHGEG, SR. Deceased. PETER RATHGEB, SANDRA BYRNES, and PATRICIA RATHGEB, Petitioners, V. ADVERSARY PROCEEDING THEROLD J. RATHGEB, JR., as Personal Representative and individually, Respondent. i PETITIONER'S, PETER RATHGEB, RESPONSES TO RESPONDENT'S FIRST SET OF INTERROGATORIES COMES NOW, Petitioner, PETER RATHGEB ("Peter"), by and through his undersigned counsel, pursuant to Rule 1.340, Fla. R. Civ. P., hereby responds to Respondent's First Set of Interrogatories and states as follows: GENERAL OBJECTIONS AND ASSERTIONS Peter objects to any request that seeks information or documents protected by the attorney-client or work product privileges and has answered these Interrogatories assuming that the Respondent is not seeking information or documents so privileged. No privilege is waived by answering the Respondent's discovery requests. ADRIAN PHILIP THOMAS u Las Olas Square - 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I - **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** Peter objects to these Interrogatories as unduly burdensome and oppressive insofar as they seek information or documents already in the Respondent's possession, custody, or control, or documents equally available to the Respondent. All Interrogatories are responded to as required by the Florida Rules of Civil Procedure. Where an answer to an Interrogatory request can be answered by a document produced in response to the Respondent's Requests for Production, Peter will answer the Interrogatory by indicating the location of the document responsive to the request, pursuant to Florida Rule of Civil Procedure 1.340(c). All of Peter's responses are solely for the purpose of the subject matter of these legal proceedings. Peter has made diligent efforts to respond to the Respondent's discovery requests. As discovery is continuing, there may be further information, persons, or documents responsive to the Respondent's requests not presently within Peter's knowledge. This response does not represent an admission or representation that additional facts, documents, or persons with relevant knowledge of the subject matter of the above-referenced lawsuit do not exist. As discovery and litigation continue, Peter may obtain additional information relevant to the Respondent'sdiscovery requests. Peter reserves the right to amend, alter, or supplement his discovery responses as necessary at any time. Except for the explicit facts stated herein, no incidental admissions are intended hereby. The fact that Peter responded to the Interrogatories is not an admission that he accepts or admits the existence of facts set forth or assumed by any interrogatory. The ADRIAN PHILIP THOMAS PA Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 - Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I - **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** fact that Peter answered all or part of any interrogatoryis not intended and should not be construed to be a waiver of all or any part of any objections to the interrogatory. As used herein, "the Respondent" refers to THEROLD J. RATHGEB, JR., as Personal Representative. As used herein, "Peter" refers to Petitioner, PETER RATHGEB. As used herein, "Decedent," refers to Therold John Rathgeb, Sr., the Decedent in the above styled probate case pending in Broward County, Florida. As used herein, "the Proceedings," refers to the above legal proceedings, pending in Broward County with File Number PRC 18-0002301. RESPONSES TO FIRST SET OF INTERROGATORIES 1. State the name and address of the person answering these Interrogatories, and, if applicable, the person's official position or relationship with the party to whom the Interrogatories are directed. ANSWER: Peter Rathgeb, 960 Evergreen Drive, Delray Beach, FL 33483 2. Identify each person, other than a person intended to be called as an expert witness at trial, who is believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit, and specify the subject matter about which the witness has knowledge. ANSWER: Plaintiffs and Defendantand Suzanne Rathgeb 3. Identify each person whom you expect to call as an expert witness at trial, and to each such witness, state the name and business address of the witness, the as witnesses' qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. ANSWER: Not yet determined. 4. If you intend to rely on any documents or other tangible things to support a position that you have taken or intend to take in the action, including any claims for damages, provide a brief description by category and location, of all such documents, ADRIAN PHILIP THOMAS PA. Las Olas Square 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 - Toll Free: (800) 249-8125 I Phone: (954) 764-7273 I - **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** and other tangible things, and identify all persons having possession, custody, or control of them. ANSWER: I do not know what documents I intend to rely on to support my positions. 5. Please identify all communications between you and Therold Rathgeb, Sr. relating to theallegations of the Complaint. Your response should include, without limitation, identification of all such communications relating to the subject deed which is referred to in Count One of the Complaint (titled "Cancellation of Deed"). ANSWER: In the fall of 2012, I picked up Pops for the usual Sunday afternoon football at my house. Sandy was at the house visiting as well. We knew Pops had signed the house over to John, and because I was executorof his estate, I asked him what were his wishes for when he went to the Pearly Gates. Pops said he wanted everything Even Stevens. I asked about his signing over the house to TJ and he said that he did not do that. I told him that he did sign it over, He said that he did not want to do that, and he wanted me to fix it. I then asked him again if he was sure that was what he wanted and he said again even Stevens. Then Sandy asked if he meant the house also, and he said yes, and the house. There was a second conversation when I was with TJ at his house. I asked him if he wanted the house back in his name. He said yes, he wanted the house in his name and to Fix it, he did not want it in John's name. 6. State the facts that support the allegations contained in Count One of the Complaint. ANSWER: My brother unduly influenced my father into executing the deed. 7. State the facts that support the allegations contained in Count Two of the Complaint. ANSWER: My brother did not inform us of the trust and it's administration. 8. State the facts that support the allegations contained in Count Three of the Complaint. ANSWER: My brother unduly influenced my father into transferring almost all of his assets so that they were not distributed as he wished upon his death. ADRIAN PHILIP THOMAS RA Las Olas Square - 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 Toll Free: (800) 249-8125 I Phone:(954) 764-7273 I **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** 9. Describe in detail each act or omission on the part of Therold Rathgeb, Jr. that you contend constitute a breach of fiduciary duty that was a contributinglegal cause of any harm to you. ANSWER: My brother did not inform us of the trust and it's administration. Identify all electronic devices, including without limitation, computers, 10. personal digital assistants and cell phones utilized by yourself, or your attorneys, or other agents on your behalf containing any evidence to support the allegations contained in all Counts of the Complaint. ANSWER: Rathgeb's and Plaintiffs Peter Rathgeb, Patricia Rathgeb Suzanne and Sandy Byrnes iPhone's, videos, texts, photos, emails, pdfs on the computer where applicable. 11. State whether you have ever been a party, either a plaintiff, or defendant, in a lawsuit other than the present matter, and, if so, state whether you were the Plaintiff or Defendant, the nature of the action, and the date, and court in which such suit was filed and the case number of the lawsuit(s). ANSWER: None 12. Identify all documents relied upon and persons consulted in answering the foregoing interrogatories. ANSWER: Online court records and copies of any documents in the possession of Suzanne Rathgeb's and plaintiffs Peter Rathgeb, Patricia Rathgeb and Sandy Byrnes iPhone's, videos, texts, photos, emails pdfs on the computer where applicable. ADRIAN PHILIP THOMAS PA Las Olas Square - 515 East Las Olas Boulevard, Suite 1050, Fort Lauderdale, Florida 33301 Toll Free: (800) 249-8125 I Phone. (954) 764-7273 I - **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** i 1 17th Judicial CircuitCase PRC 18-0002301 In Re Estate ofRathgeb,Therold 1 Sr. I. 13 of 13 First Rage, {r.'s Interro#atories Set of to Peter Ratbgeb P#ge the foregoing Answers to nerold I, PETER RATHGEB? hereby verify that I have read Rathgeb Jr. 's First Set of Inteogatorief, and that those answers are true and correct to the best of my knowledge, informatio and belief. 9 -? '? PEMMNBHNGBB ) SS COUNTY OF Pa.IM-gjUHGHLi ly BEFORE ME, the mdersigned commissioned authority, pergohally >#A>dared. under PETER RATHGEB, who aft#r being dulycautioned of the penalties ofpeijury andplaced oath and stated that the stkements contained in this Therold Rathgeb, Jr.*s First Set of true and correct to the best of the Affiant's knt)Wledge, Interrogatories to Peter Ratgeb are 1informatip?and belief,4ndwho affixed his signature to the foregoingAmdavit. 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