Motion-Secondary: Gayla Smith Individually and as Executor of the estate Joyce Faye Dacke, Melissa Snider, Jeff Roberts, and Harold Roberts VS. Susan Weinzettle Fryfogle, Sterling Fryfogle, Cameron Paul Weinzettle, and Matthew Weinzettle

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                                CAUSE NO. 23-03-04432

GAYLA SMITH AS NEXT                         §
FRIEND OF JOYCE FAYE DACKE                  §       IN THE DISTRICT COURT OF
                                            §
      Plaintiff                             §
                                            §
                                            §       MONTGOMERY COUNTY, TEXAS
                                            §
SUSAN WEINZETTLE FRYFOGLE                   §
AND STERLING FRYFOGLE                       §
     Defendants                             §       457 JUDICIAL DISTRICT COURT

               FENDANT’S RESPONSE TO REQUEST FOR PRODUCTION

 To : Plaintiff by and through their attorney of record, Conner Bree Tichota, via eFile.


       Please find responses to Plaintiff’s request to produce the following documents
pursuant     Rule 196 of the Texas Rules of Civil Procedure. If you object to any
particular request or part of a request, please answer all other requests or portions of
requests to which no objection is made.

                                                    STEINMANN LAW
                                                    COUNSEL AND SERVICES


                                                    ___/Chris Forbes/______
                                                    Bert Steinmann
                                                    Texas Bar Number 24013561
                                                    Christopher Cole Forbes
                                                    Texas Bar Number 24034000
                                                    103 W. Phillips St.
                                                    Conroe, TX 77301
                                                    Tel. (441-8675
                                                    Fax. (936756-3304
                                                    Steinmannlaw@gmail.com

                                                    Counsel for Defendants
                                      CERTIFICATE OF SERVICE

        I certify that on August 2, 2023, a true and correct copy of the foregoing was served to
each attorney of record, via e-file, pursuant to Texas Rules of Civil Procedure 21 and 21a.



                                             ________/Chris Forbes/
                                                   Chistopher Cole Forbes
            DEFENDANTS’ RESPONSE TO REQUEST FOR PRODUCTION


Please produce the following documents:


          Any and all communication, including but not limited to e-mails, texts, letters, and
          video/audio recordings, between Susan Fryfolge (“Susan”) and Gayla Smith
            Gayla”) regarding the care of Joyce Faye Dacke (“Dacke”) from January of 2022 to
          present.

          RESPONSE:Objection to this r equest as being overreaching and broad.
          Subject to this objection, there are no documents responsive to this request.
          Defendant Susan Fryfogle and Plaintiff Gayla Smith’s communications re in
          person or over the phone and not in a recorded format that can be produced

          Any and all communication, including but not limited to e-mails, texts, letters, and
          video/audio recordings, between Sterling Fryfolge (“Terry”) and Gayla regarding the
          care of Dacke from January of 2022 to present.

          RESPONSE:Objection to this request as being overreaching and broad.
          Subject to this objection, there are no documents responsive to this request.
          Defendant Sterling Fryfogle and Plaintiff Gayla Smith’s communications were
          in person or over the phone and not in a recorded format that can be produced.

          Any and all communication, including but not limited to e-mails, texts, letters, and
          video/audio recordings, between Susan and Dacke regarding the joint bank account
          they shared from Jan. 2019 until April 28, 2023 (“Date of death”).

          RESPONSE:Objection to this request as being overreaching and broad.
          Subject to this objection, there are no documents responsive to this request.
          Defendant Susan Fryfogle and Joyce Faye Dacke’s communications were in
          person or over the phone and not in a recorded format that can be produced.


          Any and all communication, including but not limited to e-mails, texts, letters, and
          video/audio recordings, between Terry and Dacke regarding the 2006 GMC Truck.

          RESPONSE:Objection to this request as being overreaching and broad.
          Subject to this objection, there are no documents responsive to this request.
          Defendant Sterling Fryfogle and Joyce Faye Dacke’s communications were in
          person or over the phone and not in a recorded format that can be produced.
Any title, registration, and insurance information regarding the 2006 GMC Truck.

RESPONSE:Objection to this request as being overreaching and broad.
Subject to this objection, the following documents produced are responsive to
this request.

FRYFOGLE 001


Any receipts for purchase of the 2006 GMC Truck.

RESPONSE:Objection to this request as being overreaching and broad.
Subject to this objection, there are no documents responsive to this request.

Any receipts for goods or services purchased by Susan using the joint accounts she
shared with Dacke from 2019 until Date of Death.

RESPONSE:Objection to this request as being overreaching and broad.
Subject to this objection, there are no documents responsive to this request.

Anycommunication including but not limited to e mails, texts, letters, and
video/audio recordings, between Susan and Gayla regardingreturningtheir mother’s
wedding ring.

RESPONSE:Objection to this request as being overreaching and broad.
Subject to this objection, there are no documents responsive to this request.
Defendant Susan Fryfogle and Plaintiff Gayla Smith’s communications were in
person or over the phone and not in a recorded format that can be produced.


Any communication including but not limited to e mails, texts, letters, and
video/audio recordings, between Susan and Dacke regarding returning Dacke’s
wedding ring.

RESPONSE:Objection to this request as being overreaching and broad.
Subject to this objection, there are no documents responsive to this request.
Defendant Susan Fryfogle and Joyce Faye Dacke’s communications were in
person or over the phone and not in a recorded format that can be produced.


Any communication including but not limited to e mails, texts, letters, and
video/audio recordings, between Susan and Dacke regarding the Jan. 28, 2022 Deed.

RESPONSE:Objection to this request as being overreaching and broad.
Subject to this objection, there are no documents responsive to this request.
Defendant Susan Fryfogle and Joyce Faye Dacke’s communications were in
person or over the phone and not in a recorded format that can be produced.


Any photos intended to be presented or used at trial.

RESPONSE:No documents are responsive to this request.
Fryfogle 001