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CAUSE NO. 825,919 THE TREMONT TOWER CONDOMINIUM ASSOCIATION, INC. VS. HEATHER JEAN MICKELSON IN CIVIL COURT AT LAW NUMBER TWO (2) HARRIS COUNTY, TEXAS
DEFENDANT’S RESPONSE TO DECLARATORY JUDGMENT PETITION TO THE HONORABLE JUDGE OF SAID COURT: Whereas, HEATHER JEAN MICKELSON (“Mickelsonâ€), Defendant files this response to the above numbered cause brought against me. My response is based on the Clean Hands Doctrine. THE TREMONT TOWER CONDOMINIUM ASSOCIATION, and its associates, partners and agents (Plaintiffs) acting in concert, have unclean hands resulting from participation in wrongful and illegal acts regarding the sale of the Tremont Tower condo I purchased on July 30, 2004. Plaintiffs’ Petition for Declaratory Judgment is frivolous and was brought with unclean hands. I, HEATHER JEAN MICKELSON will show the court that the Association, its associates, partners and agents are one in the same and are acting collectively to intimidate and silence me. Public records and correspondence will affirm that the “Association†and Tremont Tower, L.P., a Texas Limited Partnership by Terrace Tower, L.L.C. and the Builder/Developer are the same entity under the leadership of Jorge Casimiro “Casimiroâ€. “Casimiro†and the “Association†jointly seek to deprive me of not only my freedom of speech, but also the full enjoyment of my condominium. (SEE EXHIBITS A & E) Their previous actions confirm and serve as evidence that Plaintiffs had unclean hands at the time they filed their DECLARATORY JUDGEMENT petition with the court, knowing they had committed fraud, and other illegal activity in conjunction with the sales purchase contract and closing transaction of my condo. I, Heather Jean Mickelson, “Defendant,†as an affirmative defense, complain that plaintiffs have unclean hands and violate the clean hands doctrine. The plaintiffs have misled the defendant and now this court by filing a frivolous claim. The wrongful actions regarding the matters are as follows: 1. Preparation of falsified closing documents by Tremont and/or its agents. (SEE EXHIBITS B & C) 2. Scheme to commit Loan Fraud and conceal Loan Fraud from buyer.
3. Misrepresentations and concealment of additional charges for an extra parking space, which was not agreed to on the contract of purchase. Plaintiff’s made illegal change to page #1 of the purchase contract without my knowledge or consent (EXHIBIT B). See page 4 Exhibit B confirms the original purchase price. Defendant was charged an extra $6,000 at closing without agreement or consent. (SEE EXHIBITS C & D) 4. Breach of contract, including but not limited to, non disclosure of known construction defects, failure to honor warranty, failure of builder and its agents to obtain all city approval for compliance with adopted city building codes. (SEE EXHIBITS E) 5. The Association homeowner dues, it is believed have been misappropriated. The Association has failed to show accounting of homeowner's reserve funds. 6. Tremont Towers and/or its agent’s were instrumental in contacting Heather Mickelson’s employer, Hilti Corp., that led to the sudden lose of her job. The Plaintiffs and its associates, partners and agents actions were fraudulent and breached the terms of the contract, when they knowingly committed loan fraud and misrepresented that the condominium unit and the building was warranted and free of defects and met all requirements of code compliance for the health, safety and welfare of the owners. Defendant Mickelson acted in good faith when entering into the contract to purchase and complied with all the terms of the contract even those that were fraudulently imposed on me. Plaintiffs and its associate, partners and agents however failed to comply with the terms and responsibilities of the contract. Defendant preys that the court will deny Plaintiffs Permanent Injunction and will dismiss this cause unjustly brought against me. ENTRY REQUESTED:
HEATHER JEAN MICKELSON, “DEFENDANT†________________________, PRO SE DEFENDANT
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