TO THE HONORABLE JUDGE OF THIS COURT:

Discovery will be conducted under Rule 190.3 TRCP

Plaintiff Joyce Wolter, is a trustee of Heights Presbyterian Church and an individual who resides in Houston, Harris County.

Defendant, Joe Delgatto, minister of Heights Presbyterian Church, is an individual who resides in Houston, Harris County.

Defendant, Madeline Delgatto, wife of the minister, is an individual who resides in Houston, Harris County.

Defendant, Charles Windham, session member and trustee of Heights Presbyterian Church, is an individual who resides in Houston, Harris County.

Defendant, Patty Ellis, session member of Heights Presbyterian Church, is an individual who resides in Houston, Harris County.

Defendant, Tom Lord, is an individual who resides in Houston, Harris County.

Defendant, Diane Fielder McGehee, withdrawn attorney for Heights Presbyterian Church, is an individual who resides in Houston, Harris County.

Defendant, Diane Springer, member of Heights Presbyterian Church, is an individual who now resides in Cameroon, Africa.

Defendant, Douglas Harper, Chair of the Administrative Commission of Presbytery of New Covenant, is an individual who resides in Houston, Harris County.

Defendant, Lynn Johnson, Stated Clerk of Presbytery of New Covenant, is an individual who resides in Houston, Harris County.

Defendant, Walter Ellis, member of Heights Presbyterian Church, is an individual who resides in Houston, Harris County.

Defendant, James McClain, member of Heights Presbyterian Church, is an individual who resides in Houston, Harris County.

Houston Housing Management Corporation, is a Texas corporation owned by Tom Lord and doing business in Texas

Housing Corporation of Greater Houston is a corporation owned by Tom Lord and doing

business in Texas

Independent Heights, Inc is a Texas Corporation .

Rose Marie Hammond is an individual residing in Harris County, Texas.

Roy Keezel is an attorney license in Texas and member of the Administrative Commission and doing business in Harris County.

Mike Cole, General Presbyter of Presbytery of New Covenant, is an individual residing in Harris County, Texas.

Intervenor Heights Presbyterian Church is a Texas Corporation

Intervernor Presbytery of New Covenant is a Texas Corporation

III. TABLE OF CONTENTS

IV. SUMMARY OF FACTS

In 1996, HPC received a $1 million bequest from John Fakes, attorney at law, and son of the founder of Heights Presbyterian Church. In 1997, Joe Delgatto, became minister of HPC.

Between 1997 and the present Joe Delgatto his co conspirators, Walter and Patty Ellis, James McClain, Charlie Windham, Tom Lord, Lynn Johnson, Diane Springer, Doug Harper, Rose Marie Hammond and Mike Cole have converted and embezzled $600,000 of the Fakes bequest and illegally obligated Heigths Presbyterian Church (HPC) to the Independence Heights Project (IHP) a corrupt HUD project.

Joe Delgatto, Mike Cole, Lynn Johnson and Doug Harper and their agents have closed the membership to HPC which is per the Presbyterian Book of Order a rejection of Christ and a scandal on the gospel of Jesus Christ. Delgatto, Cole, Johnson and Harper have continued to ask for contributions to Heights Presbyterian Church. This is fraudulent because Delgatto, Cole, Johnson and Harper are not Christians by virtue of their closing of the membership of HPC and yet they fraudulently continue to solicit funds in the name of Jesus.

In addition, Delgatto, Cole, Johnson and Harper have and continue to perpetuate a fraud on the general public, the members of HPC and Joyce Wolter in particular by fraudulently inducing her to contribute to HPC by promising that they will abide by the Book of Order. Delgatto, Cole, Johnson and Harper have intentionally, knowingly and maliciously violated the Book of Order for their own corrupt purposes and continue to refuse to follow its dictates.

Due to the conspiracy to defraud the church of $600,000 and committing HPC to the corrupt IHP, Joyce Wolter, a 62 year member of HPC, member of the session of the church and trustee of the church filed suit on behalf of the members of HPC.

The members of the Administrative Commission visited Wolter at her home and threatened to harass her if she did not withdraw the lawsuit. Wolter refused. Delgatto then, allegedly at the request of the Administrative Commission headed by Doug Harper, illegally removed Wolter as trustee.

Subsequently, Roy Keezel, attorney at law, and a member of the Administrative Commission, filed a false accusation against Wolter, with the Presbytery of New Covenant in order to remove her from the session and in a further attempt to make good the Administrative Commission’s threat to harass Wolter if she did not drop her lawsuit.

The Administrative Commission was appointed in February 2003, to look into the problems at HPC. This lawsuit was suspended for seven months due mostly to the lies of Reagan Brown to the court. In that time the only thing the Administrative Commission has done is to cover up and begin the IHP without authority from the congregation per the Book of Order, retaliate against Wolter for her whistle blower lawsuit, closed the church membership and literally locked the majority of members out of the church.

The primary objective of the Adminstrative Commission has been to cover up the $600,00 embezzlement and the corruption in the IHP.

There has not been an open congregational meeting in the church for over a year. There has been one individual meeting with the members of the church and the Administrative Commission for ten minutes each. Other than that there has been a selection by the Administrative Commission of members who support the corruption to run the church and all other members, the majority of whom are senior citizens and three and four decade members of the church who are being pushed out of the church.

It is critical that the embezzlement of the monies be covered up and this is why a viable church is being closed down by Cole through the Administrative Commission.

The court of civil appeals correctly stated the general rule regarding the elements of actionable fraud: (1) that a material representation was made; (2) that it was false; (3) that when the speaker made it he knew it was false or made it recklessly without any knowledge of the truth and as a positive assertion; (4) that he made it with the intention that it should be acted upon by the party; (5) that the party acted in reliance upon it; and (6) that he thereby suffered injury.

§ 17.46. Deceptive Trade Practices Unlawful

(a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code.
(b) Except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, the following acts:
(5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he does not;
(12) representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law;
(23) the failure to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed;

VI. CAUSE OF ACTION

Per the Book of Order of the Presbyterian Church, it states:

G.5.0103; The congregation shall welcome all persons who respond in trust and obedience to God’s grace in Jesus Christ and desire to persons shall be denied membership because of race, ethnic origin, worldly condition, or any other reason not related to profession of faith. Each member must seek the grace of openness in extending the fellowship of Christ to all persons. (G.9.0104) Failure to do so constitutes a rejection of Christ himself and causes a scandal to the gospel.

Joe Delgatto has refused to allow John WorldPeace, a prior member of HPC to become an active member for no other reason than the fact that he filed this lawsuit and the fear among the Defendants that WorldPeace will get to the bottom of their corruption.

Further, when Wolter and Irma Jenke, made a request for a special session meeting to consider WorldPeace’s membership per the Book of Order, Delgatto refused. A committee appointed by Johnson found that Delgatto had not violated the Book of Order contrary to the facts.

Further, Cole, Johnson and Harper, have also refused to open the membership at HPC in their support of Delgatto.

Therefore, Cole, Johnson, Harper and Delgatto have rejected Christ and are therefore not Christians. However, Cole, Johnson, Keezel, Harper and Delgatto in their various capacities as officers of the Presbyterian Church, USA continue to solicit funds from members and visitors each Sunday.

This is fraud and Wolter as trustee and a member of the session of HPC sues Delgatto, Johnson, Harper, Keezel and Cole for fraud and conspiring to commit fraud.

Delgatto, Harper, Johnson, Keezel and Cole have conspired to perpetuate a fraud on the general public and the members of HPC by posing as Christians and soliciting funds as Presbyterians.

Keezel, a Texas attorney, should be disbarred for his acts which violate the TDRPC.

Wolter moves the court for injunctive relief to stop Delgatto, Johnson, Harper, Keezel and Cole from soliciting funds and seeking members of the Presbyterian Church in the name of Jesus Christ when they are not Christians nor Presbyterians per the Book of Order.

Wolter would show the court that Delgatto, Johnson, Harper, Keezel and Cole have solicited funds from the general public and members of HPC by promising to abide by the Book of Order. Delgatto, Johnson, Harper, Keezel and Cole on numerous occasions have refused to abide by the Book of Order.

Wolter as trustee and a member of the session of HPC sues Delgatto, Johnson, Harper, Keezel and Cole for fraud and for conspiring to commit fraud.

Wolter moves the court for injunctive relief to stop Delgatto, Johnson, Harper and Cole from soliciting funds and seeking members of the Presbyterian Church by promising to abide by the Book of Order.

VIII. CAUSE OF ACTION

In the Presbyterian Church, USA, (PCUSA) the session is a group of elders in a particular church who run the church. The next bureaucratic level in the church hierarchy is the Presbytery and above the Presbytery is the Synod. The General Assembly is above the Synods and is the highest bureaucratic body in the Presbyterian Church, USA. The administrative manual of the PCUSA is the Book of Order which is supplemented by Robert’s Rules of Order.

On or about December 2000, Patty Ellis and her husband Walter Ellis, joined Heights Presbyterian Church. Patty Ellis had some problems at St. Phillip Presbyterian Church and either left on her own accord or was asked to leave. Patty Ellis is good friends with Diane Feiler McGehee, who later allegedly became the attorney for Heights Presbyterian Church and whose husband was the minister of St. Phillip Presbyterian Church until he had an affair with a church member and left the church ten years ago. Patty Ellis is also a friend of Jeanne Flowers who is one of the members of the Administrative Commission allegedly appointed by Presbytery of New Covenant to take over the session of Heights Presbyterian Church.

On May 18, 2001, Joe Delgatto, without any authority from the session of Heights Presbyterian Church, the Presbytery of New Covenant, or the congregation of Heights Presbyterian Church signed off on an intent to purchase property in the Independence Heights subdivision of Houston, a depressed, high crime, Black neighborhood which runs rampant with prostitution. Three other churches (Heights Christian Church, All Saints Catholic Church and Saint Andrews Episcopal Church) apparently signed off on this document. About thirty years ago, these four churches also sponsored the Heights Towers and Heights House retirement homes which are within a half mile of Heights Presbyterian Church.

The initial Real Estate Sales Contract regarding the Independence Heights project was for the purchase of property for $220,000 that was on the tax rolls at $37,000. The initial earnest money put down on the property was $2,500. The sellers of the property were Gene and Donna Head. No one has yet determined where this $2,500 came from.

On May 21, 2001, Charlie Windham, a session member and trustee of Heights Presbyterian Church, signed a HUD sponsorship form regarding the building of a low income retirement home on the property. Windham had no authority from Heights Presbyterian Church to sign this document.

On June 13, 2001, one month after the contract was signed, All Saints Catholic Church assigned its interest in the contract to the remaining three churches.

At the February 2002, Heights Presbyterian Church session meeting, the session of the church was told for the first time that Delgatto had nine months prior involved the church in the Independence Heights Project. This was the first time that the session or the congregation ever heard of the project. Delgatto told everyone that all four churches were involved in the project. This was a lie because All Saints Catholic Church had withdrawn a month after the original commitment to obligate itself to the project.

In March 2002, without the authority of the session of Heights Presbyterian Church, the congregation of Heights Presbyterian Church or the Presbytery of New Covenant, Joe Delgatto, Walter Ellis and James McClain along with five other individuals from Heights Christian Church, formed Independence Heights, Inc., a corporation to be used as a vehicle to handle all the transactions regarding the Independence Heights Project.

On or about April 10, 2002, in an effort to get to the facts about the project, Plaintiff Joyce Wolter's son and attorney, WorldPeace, set up a meeting with Delgatto, Lord, Windham and their Lord’s attorney Bob Casey on Friday April 19, 2002.

At that meeting, WorldPeace was told that Heights Presbyterian Church had not obligated itself to the Independence Heights Project and that the deadline was May 31, 2002. The truth was that no such deadline existed.

As a result, it was agreed that time was not of the essence and that Casey would disclose the full details of the Independence Heights Project to WorldPeace Monday or Tuesday the following week. WorldPeace was highly suspicious of the inconsistent facts that were being told to him by those at the meeting but agreed to hold off on filing a lawsuit until he reviewed the documents.

However, two days later on Sunday, April 21, 2002, Delgatto held an illegal, by church rules, special session meeting and held a vote on the Independence Heights Project, telling those present that the deal was already done. This was contrary to everything that he told WorldPeace two days prior. If the project was a done deal, why was a session meeting and vote necessary on the Independence Heights Project?

Considering the fact that the meeting with WorldPeace on Friday had been in absolute and total bad faith and no mention was made of the unannounced vote to take place two days later at the special session meeting, which WorldPeace would have stopped, suit was filed on Monday morning, April 22, 2002. Wolter filed suit in her name as a trustee of Heights Presbyterian Church.

Delgatto had no authority in May 2001, nor at any time since to obligate Heights Presbyterian Church to the purchase of the property from Gene and Donna Head. In open court on February 10, 2001, Delgatto, stated under oath that he did not have the authority from the session, the Presbytery or the congregation to obligate Heights Presbyterian Church to the Independence Heights Project.

Further, Rule G-8.0500 Book of Order A particular church shall not sell, mortgage, or otherwise encumber any of its real property and it shall not acquire real property subject to an encumbrance or condition without the written permission of the presbytery transmitted through the session of the particular church.

On November 25, 2002, a session meeting was held away from the church at Barbara Puckett’s name, the clerk of the session.

At that meeting there was a very short discussion about hiring Diane Feiler McGehee, Attorney at Law, to represent Height Presbyterian Church. The session voted to hire Ms McGehee but no one was designated to communicate with Ms. McGehee. Further no contract was discussed regarding Ms. McGehee’s mandate. The total discussion was less than four minutes including the vote.

Subsequently, Ms. McGehee filed an Intervenor in this lawsuit on behalf of Heights Presbyterian Church and filed an answer on behalf of Defendant Patty Ellis her long time friend and associate from St. Phillip Presbyterian Church.

Sixteen days after appearing in this lawsuit, Ms. McGehee withdrew from representing Height Presbyterian Church and Ms. Ellis.

Demand was made by Plaintiff on Barbara Puckett, the session clerk, and Delgatto, the church minister, for a copy of the McGehee contract. Both stated they did not have the contract and did not know who signed it.

It had become obvious that McGehee was not representing Heights Presbyterian Church for any reason other than to promote the Independence Heights project.

In Delgatto’s court testimony on February 10, 2003, Delgatto testified that Patty Ellis and his wife Madeline Delgatto had signed the contract with Diane Fieler McGehee. Neither Ellis nor Ms. Delgatto had authority to sign a contract with Ms. Fieler.

Ms. MeGehee refused to produce the contract after demands were made by Wolter as trustee of the church and still refuses to produce said contract. A session meeting was never held to outline the parameters of the contract or designate anyone to communicate with Ms. McGehee.

After several demands for the contact were made over a several week period, Ms. McGehee continued to refuse to produce a contract. Therefore, Plaintiff alleges that McGehee appeared in this lawsuit without authority and her representations to the court that she had authority to represent Heights Presbyterian Church were false.

Diane Fieler McGehee, a Texas attorney, should be disbarred for her violations of the TDRPC in this matter.

In October, 2002, Diane Springer, who now lives in Africa, paid $5,000 to Independence Heights, Inc and attempted to obligate Heights Presbyterian Church to the Independence Heights project.

Diane Springer had no authority to obligate Heights Presbyterian Church to the project. There was no session meeting giving her authorization to obligate Heights Presbyterian Church to the Independence Heights project or to contribute money to Independence Heights, Inc.

On February 10, 2003, in this court, Delgatto testified under oath that he did not have the authority to sign the documents which allegedly obligated Heights Presbyterian Church to the Independence Heights Project. Delgatton stated that he had no authority from the session, the Presbytery or the congregation to sign those documents which span a period from May 2001, to January 2003. Even after this lawsuit was filed, Delgatto kept signing documents. Even after the court in essence put the project on hold with its December 6, 2002, order.

Per the Book of Order of the Presbyterian Church, U.S.A. it is necessary for the session to submit any projects like the Independence Heights Project to the Presbytery and after approval the Presbytery will notify the session who will then call a congregational meeting to vote on the project.

Further, if the project is approved, then a trustee of the church will sign off on the obligation. The minister has no authority to sign off on a project of this nature.

On February 10, 2002, the Presbytery of New Covenant intervened in this lawsuit. The attorney for Presbytery stated in open court that an administrative commission had been formed and had taken over the session per Rule G-11.0103 of the Book of Order. Said rule does not authorize the administrative commission to take over the session.

WorldPeace would show the court that Lynn Johnson, the stated clerk of Presbytery of New Covenant on Sunday, February 9, 2003, stated that an Administrative Commission of the Presbytery was going to take over the session for the next six months per Rule G-9.0503 of the Book of Order. Said Rule does not authorize the taking over of the session.

G-9.0503 (a) The function ordinarily entrusted to an administrative commission are: 4) to visit particular churches, governing bodies, or other organizations of the church reported to be affected with disorder, and to inquire and settle the difficulties therein…

There is no authority for the Administrative Commission to take over the session. Douglas Harper is illegally using the Administrative Commission to take over the session of Heights Presbyterian Church and his acts are therefore void. Doug Harper chair of the illegal Administrative Commission is therefore, operating outside the Book of Order.

The sole purpose of the Administrative Commission was to cover up the corruption related to the Independence Heights Project and the embezzlement of $600,000 of the Fakes bequest.

Wolter prays the court to enjoin the further development of the Independence Heights Project.

In 1996, HPC received a $1 million bequest from John Fakes, attorney at law, and son of the founder of Heights Presbyterian Church. In 1997, Joe Delgatto, became minister of HPC.

Between 1997 and the present Joe Delgatto his co conspirators, Walter and Patty Ellis, James McClain, Charlie Windham, Diane Springer, Tom Lord, Lynn Johnson, Doug Harper, Roy Keezel, Rose Marie Hammond and Mike Cole converted $600,000 of the Fakes bequest and illegally obligated HPC to the IHP, a corrupt HUD project.

Wolter sues Joe Delgatto his co conspirators, Walter and Patty Ellis, James McClain, Charlie Windham, Diane Springer, Tom Lord, Lynn Johnson, Doug Harper, Roy Keezel, Rose Marie Hammond and Mike Cole for the return of the converted monies, disengagement of HPC from the IHP with the above co-conspirators to pay all damages and losses personally.

Wolter also sues for injunctive relief to stop the above individuals from having control of the assets of HPC or the ability to obligate HPC to any project requiring the expenditure of money or the using of the good name of HPC to obligate it to any project of any kind without permission of the court.

In February 2003, seven members of the HPC session and Joe Delgatto went to the quarterly meeting of the Presbytery of New Covenant, and along with the help of Lynn Johnson and Mike Cole, achieved the appointing of an Administrative Commission chaired by Doug Harper to take over the affairs at HPC. The Administrative Commission was illegally appointed in that it was contrary to the requirements of the Book of Order.

During the time that the Administrative Commission has been illegally running HPC, they have conspired to cover up the embezzlement and conversion of the assets of HPC and have further obligated HPC to the IHP contrary to the Book of Order and against the will of the congregation of HPC.

Further, the Administrative Commission has illegally spent the assets of HPC and has further conspired with certain members of the congregation to bankrupt HPC so that the Presbytery of New Covenant can take over HPC, sell its assets and turn them over to the Presbytery of New Covenant.

Further, the Administrative Commission has refused to allow new members to join HPC and has literally locked the doors of the church such that an ongoing project to provide quilts to abused children have been refused use of the church. Further, the church choir has been harassed in that it has now been twice locked out of the sanctuary where it practices.

The Administrative Commission has determined to close HPC by bankrupting it and running off its senior members, operating in total secrecy, spending the church assets, refusing to allow a full CPA audit of funds which has not occurred since Delgatto became minister, and conspiring with Tom Lord to set up the Independence Heights, Inc. (IP, Inc) for the purposes of using Tom Lord’s two corporations (Houston Housing Management Corporation and the Housing Corporation of Greater Houston) to obligate HPC to the IHP and to further deplete the assets of HPC for their own personal gain.

Wolter prays the court to order a full CPA audit of the assets of HPC for the years 1997 to present, to enjoin the Administrative Commission from spending any monies without approval of the court, enjoin the IHP until the Inspector General of the U.S. can issue a report on the question of corruption in the IHP, enjoin the Administrative Commission from having closed meetings, enjoin the Presbytery of New Covenant from bankrupting HPC or further obligating it to any project without a full congregational meeting per the Book of Order.

Delgatto, Cole and Johnson have alleged that if individuals, both members and nonmembers, will contribute monies to HPC, that HPC will follow the Book of Order.

The reality is that Delgatto, Cole and Johnson never intended to follow the Book of Order and therefore have violated the above cited sections of the DTPA.

Further, Delgatto, Cole, Johnson, Keezel, Springer and Harper has falsely stated the facts regarding the IHP and have illegally committed HPC to the IHP in further violation of the DTPA

Wolter sues for injunctive relief to stop the IHP project and for Delgatto, Cole, Johnson, Keezel and Harper to pay all costs that have been and would have been allocated to HPC from their personal funds.

Wolter is a trustee and member of the session of HPC and a 62 year member of HPC. When Wolter filed suit to stop the embezzlement of Delgatto and his secret plan to obligate HPC to the IHP, Wolter was threatened by the co-conspirators.

The Administrative Commission visited Wolter at her home and threatened her with removal from the church if she did not drop the lawsuit. Wolter refused.

Subsequent to the meeting, Delgatto wrote Wolter a letter alleging that she had been removed as trustee.

Subsequent to that, Roy Keezel, attorney at law and a member of the Administrative Commission, filed a complaint with the Presbytery of New Covenant. Said complaint consists of false charges against Wolter and is the first step in an attempt to remove Wolter from the session. In a word, Keezel has lied in order to make good his and the Administrative Commission’s threat to remove Wolter from the membership of the church after 62 years of attendance.

In a word, Wolter is being treated like Whistle Blower. The acts of Roy Keezel are a violation of several Rules of the Texas Disciplinary Rules of Professional Conduct and subject him to being disbarred. This particularly applies to Keezel’s violation of the December 6, 2002, court order enjoining the discussion of the IHP.

At the time the Administrative Commission took over at HPC there was no obligation to the IHP. Since the Administrative Commission took over, the project has been illegally approved and construction has begun. Keezel and Reagan Brown, both attorneys, have conspired to hoodwink this court for the purposes of further depleting the assets of HPC and to cover up the corruption at HPC and Presbytery of New Covenant.

Wolter sues Keezel, Delgatto, Johnson, Cole, Keezel and Harper for conspiring to Intentionally Inflict Emotional Distress upon her.

Wolter prays the court to enjoin her removal as trustee and a member of the session. Wolter prays for actual damages of $10,000. As the acts of Keezel, Delgatto, Johnson, Cole and Harper were done with malice, Wolter sues them personally for exemplary damages to be paid out of their personal assets.

Per the minutes of the October 7, 2002, session meeting of Heights Presbyterian Church and published on November 11, 2002, it states, to wit:

Property: Patty Ellis passed out the Plaintiff’s Response to Defendant’s Delgatto’s Motion to Dismiss …and asked the session members to read sections of the third paragraph which states “… Patty Ellis, another church member (and close companion of Joe Delgatto but not his wife)…” Patty asked Madeline Delgatto if she would like to respond to this statement and Madeline Delgatto responded that if there is any affair going on it is between Joyce Wolter and Vernon LeCompte not between Patty Ellis and Dr. Joe.”

Patty Ellis and Madeline Delgatto conspired to slander the good name of Joyce Wolter by accusing her of having an affair with Vernon LeCompte. Plaintiff would show the court that she has been divorced for over 20 years and Vernon LeCompte has been a widower for over 15 years. Single persons cannot have an affair with each other.

Plaintiff sues for actual damages from Patty Ellis and Madeline Delgatto of $10,000.

As the slander was committed with malice, Plaintiff sues Delgatto and Ellis for exemplary damages.

The acts of the individual defendants and their attorneys have been frivolous and

groundless and for the purpose of harassing Wolter.

Wolter prays for Rule 13 TRCP sanctions and Chapter 9 and 10 TCP&R sanctions against all the individual defendants and their attorneys.

The elements of Fraud are: (a) material representation; Plaintiff would show that Tom Lord in a meeting with the session of Heights Presbyterian Church stated that Heights Presbyterian Church would not have an unlimited obligation to HUD regarding the Independence Heights Project (a material misrepresentation); (b) that is false; that per the HUD guidelines regarding the Independence Heights Project, Heights Presbyterian Church would not be liable for any shortfall in building the project and any monthly shortfalls in operating expenses for a period of forty years (Lord’s statement regarding the obligation of Heights Presbyterian Church were false); (c) that the speaker knew was false when made; Lord is the manager of the Heights Towers and Heights House retirement projects sponsored by Heights Presbyterian Church and he knows the truth about HUD retirement projects (Lord knew that the obligations of Heights Presbyterian Church in the Independence Heights Project were unlimited.); (d) that he made with the intention that it be acted upon by the other party; Lord stands to benefit if the Independence Heights Project is built because he will become the manager of that project and therefore (Lord intended that Heights Presbyterian Church obligate itself to the Independence Heights Project); (e) that the party acted in reliance on it; Delgatto testified in court that he signed off on the Independence Heights Project intending to obligate Heights Presbyterian Church (Therefore, Delgatto as minister of Heights Presbyterian Church relied on Lord’s statements) (f) damages; and Heights Presbyterian Church has been damaged in the amount of $4.7 million which is the amount of funding on the Independence Heights Project. Tom Lord has committed fraud.

The elements of conspiracy are: (a) two or more persons; Tom Lord and Joe Delgatto and others; (b) an object to be accomplished; determined to obligate Heights Presbyterian Church to the Independence Heights Project. (c) a meeting of the minds on the object or cause of action; There was a meeting of the minds in many meetings between Delgatto and Lord to accomplish their goals regarding Independence Heights Project. (d) one or more unlawful, overt acts; Joe Delgatto without authority from the session of Heights Presbyterian Church, the Presbytery of New Covenant or the congregation of Heights Presbyterian Church obligated Heights Presbyterian Church to the Independence Heights Project and (e) damages as the proximate result; Heights Presbyterian Church has been damaged in the amount of $4.7 million.

Tom Lord conspired with Delgatto to commit Heights Presbyterian Church to Independence Heights Project and convert the treasury of Heights Presbyterian Church.

Plaintiff prays that Defendants be served and answer and that Plaintiff have her day in court.

Respectfully submitted,

John WorldPeace

http://www.presbyterians-r-us.com

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