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General Objections Defendant Pulte Homes of Ohio ("Pulte"), objects to the instructions to the extent that they seek to impose obligations beyond those imposed under Rule 36 of the Ohio Rules of Civil Procedure. Specific Objections and Responses1. You are the person authorized to answer these Requests for Admission on behalf of Defendant. RESPONSE:Admit.2.
Venue of this action is proper. RESPONSE:Objection, legal question.
3. SCOTT M. SANTORA AND SUSAN L. SANTORA are the Plaintiffs named in this lawsuit. RESPONSE:Admit that these are the named parties. Objection, legal question as to if they are the proper plaintiffs.
4.
Pulte Homes of Ohio Corporation is the Defendant named in this lawsuit.
RESPONSE:Admit that Pulte Homes of Ohio Corporation is the named Defendant.Objection, legal question as to whether it is the proper defendant.
5. On or about May 30,1993, Defendant entered into a Purchase Agreementwith Plaintiffs for the purchase and construction of a new single family residence and other improvements on the real property at Sublot 44, also known as 19724 Ellsworth Drive, The Woods of Strongsville, aka Drake Estates, in the City of Strongsville, Cuyahoga County, Ohio 44136.
RESPONSE:Admit as to Susan Santora, deny as to Scott Santora.
6. Plaintiffs' Purchase Agreement required a down payment of $5,000.00 for the total property and construction.
RESPONSE:Admit, except that Scott Santora was not a party to the Purchase Agreement.
7. The Contract price was for $202,980.00 for a new, single-family residence dwelling and other improvements that were to be constructed by Defendant for Plaintiffs.
RESPONSE:
Admit, except that Scott Santora was not a party to the Contract.
8.
With additional items added, the total, net purchase price was $203,770.00.
RESPONSE:Admit.
9. The Purchase Agreement by and between Plaintiffs and Defendant Pulte was entered into and executed at Strongsville, Cuyahoga County, Ohio.
RESPONSE:Admit that Susan Santora signed the Purchase Agreement in Strongsville, Ohio. Pulte executed the agreement in Solon, Ohio. Scott Santora did not sign the Purchase Agreement.
10. Defendant assured Plaintiffs that the price they were paying for the residence was for quality materials and workmanship in their new Pulte home.
RESPONSE:Deny, except for the warranties and representations contained in the Purchase Agreement.
11.
Plaintiffs notified Defendant of problems with the construction of the residence.
RESPONSE:Admit only that the Santoras made the above allegation.
12. Defendant was notified that the staircase, from the first floor to the second floors stringer is twisted.
RESPONSE:
Admit only that the Santoras made the above allegation.
13.
Defendant has not fully repaired the problems referred to in Request No. 12.
RESPONSE:Deny
14. Defendant was notified that the carpet has pulled away from the wall on the staircase.
RESPONSE:Admit only that the Santoras made the above allegation.
15.
Defendant has not fully repaired the problems referred to in Request No. 14.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
16.
Defendant was notified that the top two steps are loose.
RESPONSE:Admit only that the Santoras made the above allegation.
17.
Defendant has not fully repaired the problem referred to in Request No. 16.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
18. Defendant was notified that the stair case molding is constantly pulling away from wall.
RESPONSE:Admit only that the Santoras made the above allegation.
19. Defendant has not fully repaired the problem referred to in Request No. 18.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
20. Defendant was notified that the foyer walls are visually out-of-square.
RESPONSE:Admit only that the Santoras made the above allegation.
21. Defendant has not fully repaired the problem referred to in Request No. 20.
RESPONSE:Deny.
22. Defendant was notified that the crown molding along the foyer walls is not mitered and is constantly pulling away from the wall.
RESPONSE:Deny.
23. Defendant has not fully repaired the problem referred to in Request No. 22.
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
24. Defendant was notified that the family room floor is not level, there are high spots at both entrances and it is loose and creaky.
RESPONSE:Admit only that the Santoras made the above allegation.
25. Defendant has not fully repaired the problem referred to in Request No. 24.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
26. The defendant was notified that the right side of the fire door is not finished.
RESPONSE:Deny.
27. Defendant has not fully repaired the problem referred to in Request No. 26.
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
28. Defendant was notified that the front door will not close properly in cold weather because the bottom door seal is missing, and the door jamb keeps splitting.
RESPONSE:Admit only that the Santoras made the above allegation.
29. Defendant has not fully repaired the problem referred to in Request No. 28.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
30. Defendant was notified that the hardwood floor in front of the front door is mildewed and starting to rot.
RESPONSE:Admit only that the Santoras made the above allegation.
31. Defendant has not fully repaired the problem referred to in Request No. 30.
RESPONSE:Admit because Pulte determined that this item did not warrant repair under the terms of the warranty.
32. Defendant was notified that the half bath is not grouted behind the commode.
RESPONSE:Deny
33. Defendant has not fully repaired the problem referred to in Request No. 32
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
34. Defendant was notified that the west wall bathroom is badly bowed at the bottom, but level at the top half.
RESPONSE:Admit only that the Santoras made the above allegation.
35. Defendant has not fully repaired the problem referred to in Request No. 34.
RESPONSE:Deny.
36. Defendant was notified that the basement doorjam striker is split and broken.
RESPONSE:Admit only that the Santoras made the above allegation.
37. Defendant has not fully repaired the problem referred to in Request No. 36.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
38. Defendant was notified that there is no top case molding above the door on the staircase side.
RESPONSE:Objection, because there are two flights of stairs in the house, Pulte cannot determine to which stairs the plaintiffs are referring.
39. Defendant has not fully repaired the problem referred to in Request No.38.
RESPONSE:Objection, because there are two flights of stairs in the house, Pulte cannot determine to which stairs the plaintiffs are referring.
40. Defendant was notified that in the staircase to the basement, the stringer is split.
RESPONSE:Deny.
41. Defendant has not fully repaired the problem referred to in Request No. 40.
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
42. Defendant was notified that in the staircase to the basement, the steps are loose.
RESPONSE:Deny.
43. Defendant has not fully repaired the problem referred to in Request No. 42.
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
44. Defendant was notified that the stairs are pulling away from the support.
RESPONSE:Objection, because there are two flights of stairs in the house, Pulte cannot determine to which stairs the plaintiffs are referring.
45. Defendant has not fully repaired the problem referred to in Request No. 44.
RESPONSE:Objection, because there are two flights of stairs in the house, Pulte cannot determine to which stairs the plaintiffs are referring.
46. Defendant was notified that in the stair case to the basement, the steps were repainted with latex paint instead of enamel paint after Pulte's workers scratched the stairs doing repairs.
RESPONSE:Deny.
47. Defendant has not fully repaired the problem referred to in Request No. 46.
RESPONSE:Admit, because Pulte was not made aware of the problem and further state that Pulte uses latex paint on its stairs.
48. Defendant was notified that the floor joists in the basement are failing and splitting.
RESPONSE:Objection. Plaintiffs' request implies that all floor joists are failing. If that is the intent of Plaintiffs' request, then Pulte denies the request. Notwithstanding this objection, Pulte admits that the Santoras made the above allegation as to some floor joists.
49. Defendant has not fully repaired the problem referred to in Request No. 48
RESPONSE:Admit as to some floor joists.
50. Defendant was notified that the bridging is missing or not installed properly.
RESPONSE:Admit only that the Santoras made the above allegation.
51. Defendant has not fully repaired the problem referred to in Request No. 50.
RESPONSE:Deny.
52. Defendant was notified that the beam bearing plates are missing.
RESPONSE:Objection, the question is vague. Notwithstandingthe objection, Pulte admits that its agents notified the Santoras that a bearing plate needed to be installed under the family room.
53. Defendant has not fully repaired the problem referred to in Request No. 52.
RESPONSE:Admit, Pulte informed the Santoras that although it had no legal obligation to do so, it would install a bearing plate under the family room. Pulte has been unable to make the repair because the Plaintiffs filed this lawsuit.
54. The kitchen cabinets to the right of the stove are coming Apart.
RESPONSE:Admit as it relates to the old cabinet, deny as it relates to the refurbished cabinet.
55. Defendant has not fully repaired the problem referred to in Request No. 54.
RESPONSE:Deny.
56. Defendant was notified that there are holes in the back of the kitchen cabinet and in the cabinet next to the television opening.
RESPONSE:Deny.
Defendant has not fwly repaired the problem referred to in Request No. 56.
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
58. Defendant was notified that the kitchen wall common with the half bath is visibly out-of-square.
RESPONSE:Admit only that the Santoras made the above allegation.
59. Defendant has not fully repaired the problem referred to in Request No. 58.
RESPONSE:Deny.
60. Defendant was notified that the kitchen island counter top is loose.
RESPONSE:Admit only that the Santoras made the above allegation before Pulte refurbished the kitchen. Deny that the Santoras notified Pulte of this problem after the kitchen was refurbished.
61. Defendant has not fully repaired the problem referred to in Request No. 60.
RESPONSE:Deny.
62. Defendant was notified that the decorative front for the dishwasher constantly comes off and is bent since repair by Pulte in the kitchen.
RESPONSE:Admit only that the Santoras made the above allegation before Pulte refurbished the kitchen. Deny that the Santoras notified Pulte of this problem after the kitchen was refurbished.
63. Defendant has not fully repaired the problem referred to in Request No. 62.
RESPONSE:Deny
64. Defendant was notified that the water line to the refrigerator that was replaced by Pulte from plastic to copper is kinked at the floor.
RESPONSE:Admit only that the Santoras made the above allegation.
65. Defendant has not fully repaired the problem referred to in Request No. 64.
RESPONSE:Admit.
66. Defendant was notified that the heat registers at the nook area do not fit properly in the floor.
RESPONSE:Admit only that the Santoras made the above allegation.
67. Defendant has not fully repaired the problem referred to in Request No. 66.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
68. Defendant was notified that the base molding in the dining room has pulled away from the wall.
Admit only that the Santoras made the above allegation before Pulte refurbished the dining room. Deny as to afterwards.
69. Defendant has not fully repaired the problem referred to in Request No. 68.
RESPONSE:Deny.
70. Defendant was notified that several nail holes are not covered in the base molding in the dining room.
RESPONSE:Admit only that the Santoras made the above allegation before Pulte refurbished the dining room. Deny as to afterwards.
71. Defendant has not fully repaired the problem referred to in Request No. 70.
RESPONSE:Deny. 72. Defendant was notified that in the second floor hall, the case molding for the short wall facing the foyer will not lay flat on the wall, leaving gaps under the molding.
RESPONSE:Admit only that the Santoras made the above allegation.
73. Defendant has not fully repaired the problem referred to in Request No. 72.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
74. Defendant was notified that the master bedroom wall is bowed and out-of- plumb
RESPONSE:Admit only that the Santoras made the above allegation.
75. Defendant has not fully repaired the problem referred to in Request No. 74.
RESPONSE:Deny
76. Defendant was notified that the master bedroom west wall is visually out-of- square with the south wall.
RESPONSE:Admit only that the Santoras made the above allegation.
77. Defendant has not fully repaired the problem referred to in Request No. 76.
RESPONSE:Deny.
78. Defendant was notified that the window casing in the master bedroom does not lay flat on the wall.
RESPONSE:Admit only that the Santoras made the above allegation.
79. Defendant has not fully repaired the problem referred to in Request No. 78.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
80. Defendant was notified that the mitered joints in the master bedroom have separated and the molding has pulled away from the wall.
RESPONSE:Admit only that the Santoras made the above allegation.
81. Defendant has not fully repaired the problem referred to in Request No. 80.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
82. Defendant was notified that the floor in front of the vanity is not level.
RESPONSE:Deny.
83. Defendant has not fully repaired the problem referred to in Request No. 82.
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
84. Defendant was notified that the wall with tub is visibly out-of-square with the linen closet wall.
RESPONSE:Admit only that the Santoras made the above allegation.
85. Defendant has not fully repaired the problem referred to in Request No. 84.
RESPONSE:Deny.
86. Defendant was notified that the east wall in the middle bedroom is wavy.
RESPONSE:Admit only that the Santoras made the above allegation.
87. Defendant has not fully repaired the problem referred to in Request No. 86.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
88. Defendant was notified that the window casing in the middle bedroom is pulling away from the wall.
RESPONSE:Admit only that the Santoras made the above allegation.
89. Defendant has not fully repaired the problem referred to in Request No. 88
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
90. Defendant was notified that the mitered joints in the middle bedroom have separated.
RESPONSE:Admit only that the Santoras made the above allegation.
91. Defendant has not fully repaired the problem referred to in Request No. 90
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
92. Defendant was notified that the southwest bedroom walls are out-of-plumb, not square, and not level.
RESPONSE:Admit only that the Santoras made the above allegation.
93. Defendant has not fully repaired the problem referred to in Request No. 92.
RESPONSE:Deny
94. Defendant was notified that the north exterior wall is out-of-plumb, not even, and bowed in
RESPONSE:Admit only that the Santoras made the above allegation.
95. Defendant has not fully repaired the problem referred to in Request No. 94.
RESPONSE:Deny.
96. Defendant was notified that the lamp post light bulb burns out every 4-5 weeks.
RESPONSE:Admit only that the Santoras made the above allegation.
97. Defendant has not fully repaired the problem referred to in Request No. 96.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
98. Defendant was notified that the photo eye sensor also burns out periodically.
RESPONSE:Admit only that the Santoras made the above allegation.
99. Defendant has not fully repaired the problem referred to in Request No. 98
RESPONSE:Deny.
100. Defendant was notified that the floors are loose and squeaky.
RESPONSE:Admit only that the Santoras made the above allegation.
1 0 1 - Defendant has not fully repaired the problem referred to in Request No. 100
RESPONSE:Deny.
102. Defendant was notified that the water is leaking into the basement along the south wall.
RESPONSE:Admit only that the Santoras made the above allegation.
103. Defendant has not fully repaired the problem referred to in Request No. 102.
RESPONSE:Deny. Pulte repaired the leak and has not seen any evidence of a leak afterwards.
104. Defendant was notified that the interior doors hit the jambs when closed.
RESPONSE:Admit only that the Santoras made the above allegation.
1 05. Defendant has not fully repaired the problem referred to in Request No. 104.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
106. Defendant was notified that the floors on the second floor are not level.
RESPONSE:Admit only that the Santoras made the above allegation.
107. Defendant has not fully repaired the problem referred to in Request No. 106.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
108. Defendant was notified that several floor joist sunder the kitchen have missing bridging members.
RESPONSE:Deny.
109. Defendant has not fully repaired the problem referred to in Request No. 108.
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
110. Defendant was notified that the joist directly under the west entrance foyer wall in the basement has begun to crack and fail at the tension side or bottom section of the joist.
RESPONSE:Admit only that the Santoras made the above allegation.
111. Defendant has not fully repaired the problem referred to in Request No. 110
RESPONSE:Deny.
112. Defendant was notified that two joists on the east side of the structure have no bearing plates that rest in or on the structural I-beam inner flange.
RESPONSE:Pulte admits that its agents notified the Santoras that a bearing plate needed to be installed under the family room.
113. Defendant has not fully repaired the problem referred to in Request No. 1 12.
RESPONSE:Pulte has informed the Santoras that although it had no legal obligation to do so, it would install a bearing plate to support the joists under the family room. Pulte has been unable to make the repair because the Plaintiffs filed this lawsuit.
114. Defendant was notified that the joists on the east side of the structure are beginning to fail.
RESPONSE:Admit only that the Santoras made the above allegation.
115. Defendant has not fully repaired the problem referred to in Request No. 114.
RESPONSE:Pulte has not determined if the joists have begun "to fail". But Pulte has informed the Santoras that although it had not legal obligation to do so, it would install a bearing plate to support the joists under the family room. Pulte has been unable to make the repair because the Plaintiffs filed this lawsuit.
116. Defendant was notified that roughly 13 joists were not properly installed during construction
RESPONSE:Objection, the question is vauge. Notwithstanding the objection, Pulte admits that its agents notified the Santoras that a bearingplate needed to be installed under the family room.
117. Defendant has not fully repaired the problem referred to in Request No. 116.
RESPONSE:Admit, Pulte informed the Santoras that although it had no legal obligation to do so, it would install a bearing plate to support the joists under the family room. Pulte has been unable to make the repair because the Plaintiffs filed this lawsuit.
118. Defendant was notified that several joists are slightly pulling apart underneath the stairs.
RESPONSE:Admit only that the Santoras made the above allegation.
119. Defendant has not fully repaired the problem referred to in Request No. 11 8.
RESPONSE:Admit. Although not covered by the warranty, Pulte agreed to repair this problem. The filing of this litigation has prevented Pulte from making this repair.
120. Defendant was notified that the stair stringer at this location is also split.
RESPONSE:Deny.
121. Defendant has not fully repaired the problem referred to in Request No. 120.
RESPONSE:Admit because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
122. The defendant was notified that the door leading to the basement appears to have no door header.
RESPONSE:Deny.
123. Defendant has not fully repaired the problem referred to in Request No. 122
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
124. Defendant was notified that the repairs to the stairs have caused the carpet to become 1/2 inch too short at the full length of the stringer.
RESPONSE:Admit only that the Santoras made the above allegation.
125. Defendant has not fully repaired the problem referred to in Request No. 124
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
126. Defendant was notified that the foyer walls are visually out of square and not
level.
RESPONSE:Admit only that the Santoras made the above allegation.
127 Defendant has not fully repaired the problem referred to in Request No. 126.
RESPONSE:Deny.
128. Defendant was notified that the west wall has some small micro-cracks developing in the drywall.
RESPONSE:Deny.
129. Defendant has not fully repaired the problem referred to in Request No. 128.
RESPONSE:Admit, because Pulte was not made aware of the problem and thus has not determined whether the item warrants repair under the terms of the warranty.
130. Defendant was notified that the southwest bedroom floor is not level and has a 3/4 inch fall, using a 4 foot carpenter level in the bathroom.
RESPONSE:Admit only that the Santoras made the above allegation.
131. Defendant has not fully repaired the problem referred to in Request No. 13 0.
RESPONSE:Admit, because Pulte determined that this item did not warrant repair under the terms of the warranty.
132. Defendant was notified that the northeast bedroom wall is out of plumb.
RESPONSE:Admit only that the Santoras made the above allegation. 133. Defendant has not fully repaired the problem referred to in Request No. 132.
RESPONSE:Deny.
134. Defendant was notified that the northeast bedroom is out of square ¾ inch for a two foot length.
RESPONSE:Admit only that the Santoras made the above allegation.
135. Defendant has not fully repaired the problem referred to in Request No. 134,.
RESPONSE:Deny.136. Defendant was notified that numerous locations have developing nail pops in the drywall RESPONSE:Admit only that the Santoras made the above allegation. 137. Defendant has not fully repaired the problem referred to in Request No. 136.
RESPONSE:Deny as to the nail pops that developed during the one year warranty period. Admit as to any that occurred afterwards because Pulte determined that this item did not warrant repair under the terms of the warranty.138. Defendant was notified that the basement electrical panel has one double tap. RESPONSE:admit only that the Santoras made the above alegation.
139. Defendant has not fully repaired the problem referred to in Request No. 138.
Deny. 136. Defendant was notified that numerous locations have developing nail pops in the drywall RESPONSE:Admit only that the Santoras made the above allegation.
137. Defendant has not fully repaired the problem referred to in Request No. 136.
RESPONSE:Deny as to the nail pops that developed during the one year warranty period. Admit as to any that occurred afterwards because Pulte determined that this item did not warrant repair under the terms of the warranty.138. Defendant was notified that the basement electrical panel has one double tap. RESPONSE:Admit because Pulte determined that this item did not warrant repair under the terms of the warranty. |
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Well this is all of it finally. Please look over the expert reports and then go over what is stated on this transcript. Form your own opinions. The entire gist of my case is here for you to see. I could sit back and argue line for line if I wanted. That would only be my word against theirs though.
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