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Filing # 137134250 E-Filed 10/22/2021 05:15:24 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO: 2021 CA 001161
MAUREEN TRAVERS as Personal
Representative of the Estate of Angel Pagan,
Jr., deceased,
Plaintiff,
v.
LORETTA RAY BARBER, AMERICAN
HOMETOWN PUBLISHING, INC. d/b/a
OSCEOLA NEWS GAZETTE, SUN
PUBLICATIONS OF FLORIDA, INC. d/b/a
OSCEOLA NEWS GAZETTE, CHRIS A.
TIFFER, and STIDHAM MEDIA GROUP
HOLDINGS, LLC d/b/a OSCEOLA NEWS-
GAZETTE,
Defendants.
PLAINTIFF’S RESPONSE TO DEFENDANT,
LORETTA RAY BARBER’S REQUEST FOR PRODUCTION
Plaintiff, MAUREEN TRAVERS as Personal Representative of the Estate of
Angel Pagan, Jr., deceased, by and through the undersigned counsel, hereby responds to
Defendant, LORETTA RAY BARBER’S Request to Produce, as follows:
1. All medical and hospital bills, including prescription bills incurred by the
decedent or his estate or any survivors as a result of the accident or events described in the
Complaint. (Please designate whether the bill was incurred by decedent, estate, or survivor.)
RESPONSE: None to Plaintiff's recollection. Plaintiff reserves the right to amend this
answer as discovery is ongoing.2. All funeral bills or expenses incurred by the decedent or his estate or any
survivors as a result of the accident or events described in the Complaint. (Please designate
whether the bill was incurred by decedent, estate, or survivor.)
RESPONSE: Plaintiff incurred the following expenses for herself and 3 children due to the
death of Angel Pagan Jr.:
e Flights to Florida from Pennsylvania;
Flight back to Pennsylvania;
Food and Lodging for the days of the funeral service;
Rental Vehicle for the days of the funeral service;
Funeral/Burial Expenses.
Exact amounts are unknown at this time, but will be produced once calculated.
Plaintiff reserves the right to amend this answer as discovery is ongoing.
3. All claim forms or medical reports submitted on behalf of the decedent under any
medical payments or personal injury protection (PIP) provisions of any insurance policy.
RESPONSE: There may have been personal injury payments made under Loretta
Barber’s insurance policy with Assurance America. Plaintiff does not have any
documentation confirming but has requested and will be produced to the extent it exists.
Plaintiff reserves the right to amend this answer as discovery is ongoing.
4. Income tax returns of the decedent for the five years before the accident to the
present, including all attachments (W-2s, W-4s, 1099s, etc.)
RESPONSE: Plaintiff is unsure if Decedent had any income tax returns for the five years
before the accident.
5. Complete the highlighted areas and execute the attached Request for Social
Security Earnings Information (SSA-7050).
RESPONSE: Plaintiff is unsure if Decedent had any income tax returns for the five years
before the accident.
6. A summary of the decedent’s personal expenses including, but not limited to,
housing, food, clothing, travel, transportation, etc. for the five (5) year period prior to decedent’s
death.
RESPONSE: To the best of Plaintiff’s recollection, Angel Pagan Jr., had the following
personal expenses for the five year period prior to his death: monthly apartment rent, food,
medications and a health insurance supplement premium.
7. A copy of the decedent’s bank accounts including, but not limited to, statements
for all checking and savings accounts maintained by the decedent for the five (5) year period
prior to decedent/s death and well as stocks, bonds, or investment accounts.
RESPONSE: None in Plaintiff’s possession.
8. All coroner's reports, police homicide reports, accident reports, medical reports,
opinions, or other written documents concerning the accident or events described in the
Complaint and the injuries sustained to the decedent as a result of same.RESPONSE: See attached currently in Plaintiff’s possession. Plaintiff reserves the right to
amend this answer as discovery is ongoing.
9. All medical and hospital records which resulted from the accident or events
described in the Complaint.
RESPONSE: None currently in Plaintiff's possession, Plaintiff has requested and will be
produced to the extent they exist. Plaintiff reserves the right to amend this answer as
discovery is ongoing.
10. Copies of all statements made or given by any Defendant or its agents or
employees relating to or pertaining to the accident or events described in the Complaint.
RESPONSE: Sworn statement was taken of Loretta Ray Barber on April 5, 2021 with
Esquire Deposition Services. Plaintiff does not have a copy of the sworn statement.
11. Copies of all written or transcribed statements made or given by any witness
relating to or pertaining to the accident or events described in the Complaint.
RESPONSE: Sworn statement was taken of Loretta Ray Barber on April 5, 2021 with
Esquire Deposition Services. Plaintiff does not have a copy of the sworn statement.
12. Copies of all statements made or given by the Plaintiff (personal representative)
relating to or pertaining to the accident or events described in the Complaint.
RESPONSE: None in Plaintiff’s Possession.
13. Photographs taken of the decedent following the accident or events described in
the Complaint.
RESPONSE: None in Plaintiff’s Possession.
14, Photographs taken of Defendant's motor vehicle following the accident or events
described in the Complaint.
RESPONSE: None in Plaintiff’s possession.
15. Copies of all PIP payout sheets, drafts, checks, or other documents which record
or reflect in any manner evidence of all collateral source payments received by the decedent's
estate or survivors from any source whatsoever as a result of the accident or events described in
the Complaint.
RESPONSE: There may have been personal injury payments made under Loretta
Barber’s insurance policy with Assurance America. Plaintiff does not have any
documentation confirming but has requested and will be produced to the extent it exists.
Plaintiff reserves the right to amend this answer as discovery is ongoing.
16. All correspondence, memoranda, or materials supplied by you or your attorneys
to any expert retained by you to testify at the trial of this action.
RESPONSE: Undetermined at this time. Experts will be provided at a later time in
accordance with Trial Order.17. Copies of any correspondence, reports, or memoranda received from any expert
retained by you or your attorneys to testify at the trial of this action.
ANSWER: Undetermined at this time. Experts will be provided at a later time in
accordance with Trial Order.
18. A copy of the decedent's birth certificate.
RESPONSE: Please see attached decedent’s birth certificate.
19. A copy of the death certificate pertaining to the decedent.
RESPONSE: Please see attached death certificate.
20. A copy of any and all marriage licenses for any marriages during the life of the
decedent.
RESPONSE: Please see attached marriage license known to Plaintiff.
21. A copy of any and all marriage licenses for any marriages of the decedent's
surviving spouse either prior to or after the death of the decedent.
RESPONSE: Please see attached marriage license known to Plaintiff.
22. Copies of any and all birth certificates of the designated survivors.
RESPONSE: Please see attached birth certificates of children of the decedent known to
Plaintiff.
23. A copy of any pleadings, depositions, or other written documents of any kind or
nature which pertain to any legal action (i.e., criminal, civil, domestic, adoptions, ete.) to which
the decedent was a party during his lifetime.
RESPONSE: None in Plaintiff’s possession.
24. A copy of the birth certificate of any child or which the decedent was the
biological parent or which the decedent legally adopted during his/her lifetime.
RESPONSE: Please see attached birth certificates of children of the decedent known to
Plaintiff.
25. A copy of any and all last wills and testaments executed by the decedent during
his lifetime.
RESPONSE: None in Plaintiff’s possession.
26. A copy of any and all trust agreements of which the decedent was either a
beneficiary or potential beneficiary.
RESPONSE: None in Plaintiff’s possession.
27. A copy of any and all trust agreements which the decedent was a party to during
his lifetime, whether as the party supplying the assets, a beneficiary, or a potential beneficiary.
RESPONSE: None in Plaintiff’s possession.28. A copy of each and every document filed on behalf of the decedent's estate with
any probate court or judge.
RESPONSE: Please see attached documents currently in Plaintiff’s possession. Defendant
can also refer to court case file #2020-CP-000490- PR Osceola County, Florida, Probate
Division, IN RE: ESTATE OF ANGEL PAGAN, JR.
29. Records of any support and/or service provided by decedent to any survivor.
RESPONSE: Decedent does not provide any support to any survivor. Survivors receive
social security disability from the Social Security Administration directly.
30. Copies of all notices pursuant to Florida Statutes §768.76(6), i.e. all notices that
you are legally required to send to the provider of any collateral sources of claimant’s intent to
claim damages from the tortfeasor.
RESPONSE: Please see attached in Plaintiffs possession.
31. | Copies of any correspondence received from the provider of any collateral
sources, including, but not limited to any correspondence which indicates that the collateral
source provider intends to maintain their right of subrogation or reimbursement or waive their
right of subrogation or reimbursement.
RESPONSE: None currently in Plaintiffs possession.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 22nd day of October, 2021, I electronically filed the
foregoing with the Clerk of the Court via the Florida Courts E-Filing Portal, which will effect
service of the foregoing via electronic mail to all counsel of record.
Thomas P. Glenz, Esq.
Florida Bar No.: 372810
DAN NEWLIN INJURY ATTORNEYS
1408 North Westshore Blvd., Suite 400
Tampa, Florida 33607
Direct: (813) 515-2777
Fax: (321) 710-1272
Attorneys for Plaintiff
Email NOT FOR PLEADINGS:
Thomas.Glenz@newlinlaw.com
Marie.Guillen@newlinlaw.com
Service Email:
Glenz.pleadings@newlinlaw.com
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Filing # 137134250 E-Filed 10/22/2021 05:15:24 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2021 CA 001161 MAUREEN TRAVERS as Personal Representative of the Estate of Angel Pagan, Jr., deceased, Plaintiff, v. LORETTA RAY BARBER, AMERICAN HOMETOWN PUBLISHING, INC. d/b/a OSCEOLA NEWS GAZETTE, SUN PUBLICATIONS OF FLORIDA, INC. d/b/a OSCEOLA NEWS GAZETTE, CHRIS A. TIFFER, and STIDHAM MEDIA GROUP HOLDINGS, LLC d/b/a OSCEOLA NEWS- GAZETTE, Defendants. PLAINTIFF’S RESPONSE TO DEFENDANT, LORETTA RAY BARBER’S REQUEST FOR PRODUCTION Plaintiff, MAUREEN TRAVERS as Personal Representative of the Estate of Angel Pagan, Jr., deceased, by and through the undersigned counsel, hereby responds to Defendant, LORETTA RAY BARBER’S Request to Produce, as follows: 1. All medical and hospital bills, including prescription bills incurred by the decedent or his estate or any survivors as a result of the accident or events described in the Complaint. (Please designate whether the bill was incurred by decedent, estate, or survivor.) RESPONSE: None to Plaintiff's recollection. Plaintiff reserves the right to amend this answer as discovery is ongoing.2. All funeral bills or expenses incurred by the decedent or his estate or any survivors as a result of the accident or events described in the Complaint. (Please designate whether the bill was incurred by decedent, estate, or survivor.) RESPONSE: Plaintiff incurred the following expenses for herself and 3 children due to the death of Angel Pagan Jr.: e Flights to Florida from Pennsylvania; Flight back to Pennsylvania; Food and Lodging for the days of the funeral service; Rental Vehicle for the days of the funeral service; Funeral/Burial Expenses. Exact amounts are unknown at this time, but will be produced once calculated. Plaintiff reserves the right to amend this answer as discovery is ongoing. 3. All claim forms or medical reports submitted on behalf of the decedent under any medical payments or personal injury protection (PIP) provisions of any insurance policy. RESPONSE: There may have been personal injury payments made under Loretta Barber’s insurance policy with Assurance America. Plaintiff does not have any documentation confirming but has requested and will be produced to the extent it exists. Plaintiff reserves the right to amend this answer as discovery is ongoing. 4. Income tax returns of the decedent for the five years before the accident to the present, including all attachments (W-2s, W-4s, 1099s, etc.) RESPONSE: Plaintiff is unsure if Decedent had any income tax returns for the five years before the accident. 5. Complete the highlighted areas and execute the attached Request for Social Security Earnings Information (SSA-7050). RESPONSE: Plaintiff is unsure if Decedent had any income tax returns for the five years before the accident. 6. A summary of the decedent’s personal expenses including, but not limited to, housing, food, clothing, travel, transportation, etc. for the five (5) year period prior to decedent’s death. RESPONSE: To the best of Plaintiff’s recollection, Angel Pagan Jr., had the following personal expenses for the five year period prior to his death: monthly apartment rent, food, medications and a health insurance supplement premium. 7. A copy of the decedent’s bank accounts including, but not limited to, statements for all checking and savings accounts maintained by the decedent for the five (5) year period prior to decedent/s death and well as stocks, bonds, or investment accounts. RESPONSE: None in Plaintiff’s possession. 8. All coroner's reports, police homicide reports, accident reports, medical reports, opinions, or other written documents concerning the accident or events described in the Complaint and the injuries sustained to the decedent as a result of same.RESPONSE: See attached currently in Plaintiff’s possession. Plaintiff reserves the right to amend this answer as discovery is ongoing. 9. All medical and hospital records which resulted from the accident or events described in the Complaint. RESPONSE: None currently in Plaintiff's possession, Plaintiff has requested and will be produced to the extent they exist. Plaintiff reserves the right to amend this answer as discovery is ongoing. 10. Copies of all statements made or given by any Defendant or its agents or employees relating to or pertaining to the accident or events described in the Complaint. RESPONSE: Sworn statement was taken of Loretta Ray Barber on April 5, 2021 with Esquire Deposition Services. Plaintiff does not have a copy of the sworn statement. 11. Copies of all written or transcribed statements made or given by any witness relating to or pertaining to the accident or events described in the Complaint. RESPONSE: Sworn statement was taken of Loretta Ray Barber on April 5, 2021 with Esquire Deposition Services. Plaintiff does not have a copy of the sworn statement. 12. Copies of all statements made or given by the Plaintiff (personal representative) relating to or pertaining to the accident or events described in the Complaint. RESPONSE: None in Plaintiff’s Possession. 13. Photographs taken of the decedent following the accident or events described in the Complaint. RESPONSE: None in Plaintiff’s Possession. 14, Photographs taken of Defendant's motor vehicle following the accident or events described in the Complaint. RESPONSE: None in Plaintiff’s possession. 15. Copies of all PIP payout sheets, drafts, checks, or other documents which record or reflect in any manner evidence of all collateral source payments received by the decedent's estate or survivors from any source whatsoever as a result of the accident or events described in the Complaint. RESPONSE: There may have been personal injury payments made under Loretta Barber’s insurance policy with Assurance America. Plaintiff does not have any documentation confirming but has requested and will be produced to the extent it exists. Plaintiff reserves the right to amend this answer as discovery is ongoing. 16. All correspondence, memoranda, or materials supplied by you or your attorneys to any expert retained by you to testify at the trial of this action. RESPONSE: Undetermined at this time. Experts will be provided at a later time in accordance with Trial Order.17. Copies of any correspondence, reports, or memoranda received from any expert retained by you or your attorneys to testify at the trial of this action. ANSWER: Undetermined at this time. Experts will be provided at a later time in accordance with Trial Order. 18. A copy of the decedent's birth certificate. RESPONSE: Please see attached decedent’s birth certificate. 19. A copy of the death certificate pertaining to the decedent. RESPONSE: Please see attached death certificate. 20. A copy of any and all marriage licenses for any marriages during the life of the decedent. RESPONSE: Please see attached marriage license known to Plaintiff. 21. A copy of any and all marriage licenses for any marriages of the decedent's surviving spouse either prior to or after the death of the decedent. RESPONSE: Please see attached marriage license known to Plaintiff. 22. Copies of any and all birth certificates of the designated survivors. RESPONSE: Please see attached birth certificates of children of the decedent known to Plaintiff. 23. A copy of any pleadings, depositions, or other written documents of any kind or nature which pertain to any legal action (i.e., criminal, civil, domestic, adoptions, ete.) to which the decedent was a party during his lifetime. RESPONSE: None in Plaintiff’s possession. 24. A copy of the birth certificate of any child or which the decedent was the biological parent or which the decedent legally adopted during his/her lifetime. RESPONSE: Please see attached birth certificates of children of the decedent known to Plaintiff. 25. A copy of any and all last wills and testaments executed by the decedent during his lifetime. RESPONSE: None in Plaintiff’s possession. 26. A copy of any and all trust agreements of which the decedent was either a beneficiary or potential beneficiary. RESPONSE: None in Plaintiff’s possession. 27. A copy of any and all trust agreements which the decedent was a party to during his lifetime, whether as the party supplying the assets, a beneficiary, or a potential beneficiary. RESPONSE: None in Plaintiff’s possession.28. A copy of each and every document filed on behalf of the decedent's estate with any probate court or judge. RESPONSE: Please see attached documents currently in Plaintiff’s possession. Defendant can also refer to court case file #2020-CP-000490- PR Osceola County, Florida, Probate Division, IN RE: ESTATE OF ANGEL PAGAN, JR. 29. Records of any support and/or service provided by decedent to any survivor. RESPONSE: Decedent does not provide any support to any survivor. Survivors receive social security disability from the Social Security Administration directly. 30. Copies of all notices pursuant to Florida Statutes §768.76(6), i.e. all notices that you are legally required to send to the provider of any collateral sources of claimant’s intent to claim damages from the tortfeasor. RESPONSE: Please see attached in Plaintiffs possession. 31. | Copies of any correspondence received from the provider of any collateral sources, including, but not limited to any correspondence which indicates that the collateral source provider intends to maintain their right of subrogation or reimbursement or waive their right of subrogation or reimbursement. RESPONSE: None currently in Plaintiffs possession. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 22nd day of October, 2021, I electronically filed the foregoing with the Clerk of the Court via the Florida Courts E-Filing Portal, which will effect service of the foregoing via electronic mail to all counsel of record. Thomas P. Glenz, Esq. Florida Bar No.: 372810 DAN NEWLIN INJURY ATTORNEYS 1408 North Westshore Blvd., Suite 400 Tampa, Florida 33607 Direct: (813) 515-2777 Fax: (321) 710-1272 Attorneys for Plaintiff Email NOT FOR PLEADINGS: Thomas.Glenz@newlinlaw.com Marie.Guillen@newlinlaw.com Service Email: Glenz.pleadings@newlinlaw.com