) ) ) ) ) ) ) DEFENDANT JESSE E. TORRES Ill's FIRST REQUEST FOR ADMISSIONS FROM THE PLAINTIFF SOPHIE J. TORRES

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1 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. DISTRICT COURT SOPHIE J. TORRES Plaintiff vs. JESSE E. TORRES III JENNIFER J. ADAMS Defendants Civil Docket No. 1189SU189 DEFENDANT JESSE E. TORRES Ill's FIRST REQUEST FOR ADMISSIONS FROM THE PLAINTIFF SOPHIE J. TORRES Pursuant to Rule 36 of Massachusetts Rules of Civil Procedure, the Defendant Jesse E. Torres III hereby requests that the Plaintiff Sophie J. Torres admit the truth of the matters set out below, and the genuineness of the documents specified below, for the purposes of this action. Definitions Properties shall mean the Properties identified as; "Grandma's House" located at 345 Carriage Shop Road, East Falmouth, Barnstable County, Massachusetts, 02536, "Horse Property" consisting of 5+ acres of land located on Carriage Shop Road, Town of Falmouth Map 29, Sec 01, Parcel 009, Lot 000, Book 01121, Page 0060, and across the street from Grandma's House, and "Uncle Fred's House" located at 562 Waquoit Highway, East Falmouth, Barnstable County, Massachusetts, 02536, and is to also include the "Florida Lots" located at 420 NW. 20th St., Lee County, Florida, , Cape Coral Unit 39 Block 2726 PB, 16 PG 180 Lots , Book: 879 Page: 71. Further, it is to include the properties named herein as a group, individually or in any combination thereof. Tenants shall mean the Defendants in this matter, Jesse E. Torres III and Jennifer J. Adams of 562 Waquoit Highway, East Falmouth, Barnstable County, Massachusetts, Documents shall mean any document, by its general meaning, and is to include, but is not limited to, whether in paper, electronic, , facsimile, picture or any other form where the document can show relevance to the requests made herein. Time-Frame shall mean the period starting when the Tenants came back to Massachusetts and stayed with, and assisted, the Land Lord, Sophie J. Torres, on or about June of 2007 to the period when legal actions began by and between the Land Lord and the Tenants on or about May of INSTRUCTIONS 1. Admit or deny the following statements of law. If objection is made, please state the reason for the objection. Please specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. 2. The pronoun "you" refers to the party to whom the Admissions are addressed Page 1 of 7

2 REQUESTS FOR ADMISSION 1. Admit that you are the owner of, and have title to, the property defined above as Uncle Fred's House. 2. Admit that Uncle Fred's House is your primary residence. 3. Admit that John Netto (your and/or the former Mr. Torres' Godchild, took numerous truckloads of trash to the Falmouth Town Dump for you from Uncle Fred's House. 4. Admit that it was this garbage that had been strewn about the buildings and property at Uncle Fred's House, that had required the aforementioned trips by Mr. Netto. 5. Admit that the Tenants spent weeks shortly after arriving on or about, June of 2007 cleaning up the Property at Uncle Fred's House. 6. Admit that during the Time-Frame it was the Tenants that were the caretakers of the Grounds at Uncle Fred's House and performed all landscaping tasks. 7. Admit that in the past three years, it is the Tenants that provided all of the snow and ice removal at Uncle Fred's House for you. 8. Admit that on numerous occasions your driveway was covered with ice, and that you witnessed the Tenants removing the ice with both coal picks and shovels. 9. Admit that the aforementioned ice removal took a full day or longer for the Tenants to remove. 10. Admit that during periods of bad weather, the tenants drove you on your errands and to your "Diet Club". 11. Admit that your son, the tenant Jesse E. Torres III (JETIII, restarted your furnace many times when you allowed it to run out of oil. 12. Admit that you own a 2001 Maroon, 4 door, Ford Taurus. 13. Admit that JETIII provided you, on numerous occasions, repairs and maintenance on said automobile. 14. Admit that JETIII maintained the tractor, lawn mowers and other maintenance equipment for you. 15. Admit that these repairs performed by JETIII, were done at no charge to you. 16. Admit that the Tenant Jennifer J. Adams (JJA did clean your house for you. 17. Admit that the Tenant JJA prepared your Taxes for you each year during the Time-Frame. Page 2 of 7

3 18. Admit that JJA did rake your leaves and assist in mowing the lawns at Uncle Fred's house during the Time-Frame. 19. Admit that as of the approximate date of April 2008, your deceased husband still did not have a Grave Stone on his burial site. 20. Admit that you stated to the Tenants that you did not have funds in the amount you had been quoted locally to purchase a new Head Stone for your husband. 21. Admit that JJA, who has a masters degree in engineering, did create a full set of detailed drawings, and did create a website at for the sole purpose of soliciting bids to acquire a grave Stone for your deceased husband. 22. Admit that these actions by JJA saved you over 50% of the costs of the Head Stone, that had been quoted to you. 23. Admit, that the actions and services provided you by JJA resulted in you purchasing a Head Stone for your late husband. 24. Admit that the vast majority on the maintenance and repairs of the grounds and buildings at Uncle Fred's House were performed for you by the Tenants. 25. Admit that your Grandson, Jesse E. Torres IV had assisted you in acquiring the first mortgage that was in full force and effect when we arrived on or about June of Admit that the total mortgage payment (which included taxes on Uncle Fred's house was in excess of $900 per month. 27. Admit that you lost the rental income from Grandma's House on or about early Admit that your main source of income was the Social Security benefit from your late Husband Jesse E. Torres Jr. 29. Admit that your Social Security Check was in an approximate amount of $1,350 or less. 30. Admit that the difference between your Social Security Check and your mortgage payment was not enough to live on. 31. Admit, that you received a Reverse Mortgage on Uncle Fred's house that eliminated the monthly mortgage payment. 32. Admit that it was the Tenants that solicited Reverse Mortgage Brokers for you. 33. Admit that it was the Tenants that created at no charge to you, a website at for the sole purpose of soliciting the best terms and conditions for you. 34. Admit that these tactics resulted in the Tenants finding a Reverse Mortgage Provider whose bid was $40,000 better than the approximately other 39 bidders. 35. Admit that you signed with said winning bidder and did enjoy the benefit of the Tenants' hard Page 3 of 7

4 work. 36. Admit that you are the owner of, and have title to, the property defined above as Horse Property 37. Admit that the Horse property was overgrown when the Tenants arrived home on or about June of Admit that it was the Tenants who cleared the numerous Locust Trees that were overtaking the pasture on the Horse Property. 39. Admit that it was the Tenants that maintained and mowed the Horse Property during the Time- Frame. 40. Admit that the Horse Property is far more valuable as pasture land than if it was overgrown. 41. Admit that when real estate was at its highest, your received an offer of $850,000 for the Horse Property. 42. Admit that you have on or about this December, placed the Horse Property once again on the market. 43. Admit that you are the owner of, and have have title to, the property defined above as Grandma's House. 44. Admit that you had a tenant living in Grandma's House (Diane, who had been there for over 20 years when the Tenants arrived here on or about June of Admit that you sent JETIII to Grandma's House to inventory what you believed were numerous valuable auto and truck parts from your deceased husband and your past automobile and truck dealerships. 46. Admit that it was reported to you that almost all of the parts were gone and also most of the tools. 47. Admit that as the result of a second inventory, you were informed that within the time between inventories (about two weeks a Plasma Cutter had been removed from the Garage where it was stored on the property. 48. Admit that a Falmouth Police Officer, Ben Gutherie, was notified that the Plasma Cutter was stolen. 49. Admit that you considered the then tenant Diane to be close enough to you that you allowed her to call you "Aunt Sophie". 50. Admit that Diane left the house after approximately 27 years of residence there, without saying goodby or leaving you an address or phone number for you to contact her. 51. Admit that Diane mailed you the keys to the house and has not contacted you again. 52. Admit that it was reported to you upon inspection of the property by the licensed builder John Page 4 of 7

5 P. Vidal and a Structural Engineer hired by him for you, that there were significant problems with Grandma's House. 53. Admit that it was further reported to you that much of the damage was caused by the drip watering system used by your prior tenant Diane, which rotted all but one of the sills in Grandma's House. 54. Admit that JET"I refused to assist you with the restoration of Grandma's House unless you agreed to place a mortgage in the amount of $150,000 on the property, as he feared the damages would far exceed the limited funds available from your Reverse Mortgage. 55. Admit that J.ETIII on numerous occasions, cautioned you that not only would you not have the funds to complete the house, you would not be able to carry a construction mortgage payments if you did not acquire the first mortgage he proposed. 56. Admit that John P. Vidal of Vidal Construction, Inc. was hired to repair Grandma's House. 57. Admit that you refused to obtain a first mortgage on Grandma's House. 58. Admit that you were notified on or about July of 2009 that the center of Grandma's House had collapsed due to hidden termite and wood beetle damage. 59. Admit that you were notified on or about July of 2009, that the damage was so extensive that Grandma's House was unsafe, and in danger of falling down. 60. Admit that there were only very limited funds available to you, and hiring someone to even make the home safe was not an option. 61. Admit that it was the Tenants, who at your request, performed the extensive and dangerous repairs required between September 2009 and December Admit that you signed an agreement with JETIII dated August 6,2009, to in effect give him 51 % ownership in the Properties to repay him and JJA for their considerable services they had provided to you, and the sacrifices they had made in order to be able to provide the services to you. 63. Admit that the Tenants created a website at to solicit bids for a construction mortgage on Grandma's House. 64. Admit that only one of over twenty Mortgage Companies and/or Banks solicited, provided a bid on the Construction Mortgage for Grandma's House, Wells Fargo. 65. Admit that there were no funds provided from the construction mortgage to carry the mortgage payments. 66. Admit, that you were to be dispersed a total amount of approximately $87,500 for construction payments from the Construction Mortgage. 67. Admit that you had to make the full monthly mortgage payment even though none, or very little of the funds were dispersed. Page 5 of 7

6 68. Admit that JETIII stated to you that had he known of this condition as stated in #67 above, he never would have recommended you sign the Construction Mortgage as you simply could not make the payments until the house was rented. 69. Admit that when you were getting in your car to have "coffee with your friend Shirley Halbert", that JET ran to your car to remind you that your mortgage closing was scheduled at your house in an hour, yet, you did not return home for over three (3 hours. 70. Admit that your were told by the Wells Fargo's attorney, who came back to close your mortgage, that JET had been searching for you, calling the Falmouth Police, Hospital, and your friends. 71. Admit that you were advised that the closing package arrived just shortly before the closing time and as JET had been busy looking for you, he had not had time to review the closing package which contained the details of the mortgage agreement. 72. Admit that the First Mortgage that the Tenants had solicited for you in the amount of $150,000 was for the same term of 30 years as the Construction Mortgage. 73. Admit that the monthly Mortgage Payment on the $87,500 Construction Mortgage was actually slightly more than the $150,000 First Mortgage payments would have been. 74. Admit that the difference of the First Mortgage of $150,000 and the $87,500 construction mortgage, would have provided you with $62,500 that could have been used to carry the mortgage. 75. Admit that on or about mid May, 2011, you did not have the funds to make the mortgage payment to Wells Fargo 76. Admit that you were fully aware of the hostility by and between JETIII and your grandson, Jesse E. Torres IV. 77. Admit that you had discussed on numerous occasions that your grandson Jesse E. Torres IV owed to JETIII the amount of $11,000, and it was several years overdue. 78. Admit that you knew that JETIII had never before asked your grandson Jesse E. Torres IV to repay this debt because of the aforementioned hostility between them. 79. Admit that you knew that JETIII had written ( ed your grandson to please repay his dept directly to you so you could make the mortgage payments. 80. Admit that within days of this , all of the legal matters by and between the various members of the Torres family began. 81. Admit that without the financial aid of your grandsons Jesse E. Torres IV and Joseph J. Torres, you would not have the funds to pay your living expenses, which include large property taxes. 82. Admit that without the express support and advice of Jesse E. Torres IV, you would not have, nor had the ability to re-write your Will. 83. Admit that all of your legal expenses are now being paid by your Grandson Jesse E. Torres IV Page 6 of 7

7 84. Admit that you are the owner of, and have have title to, the property defined above as Florida Lots. 85. Admit that these lots were left to JETIII by your deceased husband in your joint Will. 86. Admit that as a condition to your signing the Contract of April 24, 2009, you in effect, took this property from JETIII and gave it to your adopted daughter, Mary Carmen Torres. Jesse E. Torres III, Pro Se 562 Waquoit Highway East Falmouth, MA ( Dated December 16, 2011 Page 7 of 7