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Appendix of Supplemental Documents SECOND AFFIDAVIT OF CHARLES A. HOUGH, III NO. 141-237105-09 THE EPISCOPAL CHURCH, ct al. § IN THE DISTRICT COURT § v. § TARRANT COUNTY, TEXAS § FRANKLIN SALAZAR, ct al. § 141 ST .TUDICIAL DISTRICT SECOND AFFIDAVIT OF CHARLES A. HOUGH, III STATE OF TEXAS § § COUNTYOFTARRANT § On this day personally appeared before me Charles A. Hough, III, who, after being placed under oath, stated the following: (1) My nalne is Charles A. Hough, III. My business address is 2900 Alemeda Street, Fort W0l1h, Texas 76108. (2) I am Canon of The Episcopal Diocese of Fort W0l1h, a Texas unincorporated nonprofit association, hereafter "the Diocese," and have served in this capacity since January 1, 1994. (3) As Canon of the Diocese, I am a custodian of its records, as well as those of The Corporation of The Episcopal Diocese of F0l1 Worth, including records in Cause No. 153-144833-92, styled Corporation of The Episcopal Diocese of Fort Worth, Church of the Holy Apostles v. McCauley et ai," hereafter referred to as "Holy Apostles litigation." (4) Jonathan D. F. Nelson, also known as Jon Nelson, was hired and paid by the Diocese to represent plaintiffs in the Holy Apostles litigation, according to the records of the Diocese. (5) Attached is a true and correct copy of a petition he filed in the Holy Apostles litigation (Exhibit 1). (6) Attached as Exhibit 2 is a true and correct copy of a memorandum from Nelson dated August 9, 1993, received by Bishop Jack L. Iker to assist him and others in preparing affidavits that accompany a motion for summary judgment with their affidavits, a true and correct copy of which is attached as Exhibit 3. (7) Attached as Exhibit 4 is a true and correct copy of Nelson's letter dated July 24, 1995, to Bishop Iker concerning his representation in the Holy Apostles litigation and attached as Exhibit 5 are true and correct copies of some of the invoices the Diocese received to pay for Nelson's services in the Holy Apostles litigation. I swear under penalty of perjury that all of the foregoing statements are based upon my own personal knowledge and are true and correct. CHARLE A. GH, III, Canon The Episcopal Diocese of Fort Worth SUBSClUBED AND SWORN TO BEFORE ME by the said Charles A. Hough, III on this 6..J.k, day of January, 2011. \\\1111', ~,~\.~.Y~r:~'~ KARRIE GENTRY If--:'~ti Notary Public, State of Texas ; ;.!;;I~t~i My Commission Expires i ~":~f.Mj$~' October 23,2012 EXHIBIT 1 ,~ ···r f CAUSE NO. 153-144833-92 CORPORATION OF THE EPISCOPAL § IN THE DISTRIGT COURT DIOCESE OF FOR~ WORTH, § CHURCH OF THE HOLY APOSTLES ,§ §. vs. § TARRANT COUNTY I ~EXAS § THE REVEREND M.L. MCCAULEY, § SOMETIME RECTOR AND CHAIRMAN § OF THE VESTRY O~ CHURCH OF § THE ROLY APOSTLES l' ALBeN § HEAD, SOMETIME SENIOR WARDEN § . AND STE~ ,~LACKMAN,I SOMETIME § ,JUNIOR WARDEN OF CHURCH OF § THE HOLY APOSTLES; :HO~CE § BOOTH, HOMER COX, ~ECKY :§ HEAD, ROBERT MILLER, ROBERT § PALMERI JEAN RICHARDSON, § DON8HIPE, PAUL SNELL, § AND JAMES CHARBONNET, SOMETIME § MEMBER OF THE VES'l'RY OF CHURCH § 0F TI1E HOLY APOSTLES; ANO 'THE § SCHISMATIC AND 'PUR~ORTED,CHURCH § OF THE HOLY·APOSTLES § 153RD JUDICIAL DISTRICT PLAINTI1'FS' SECOND AMENDEP ORIGINAL PETITION :'AND 1\P.PLICATION . FOR TEMPORARY INJUNCTION AND PEltMANENT':X'N.1UNCTION )' TO TIm HONORABLE JUDGE OF SAID COURT: NOW COMES the ,CORPORATION OF THE. EPISCOPAL DioCESE OF FORT WORTH and CHURCH OF ':eHE HOLY APOSTLES, Plaint.iffS:, compl~ining of The Reverend'M. L. McCauley, sometime Rectq~ and Chairman of the vestry. of Church of the Holy Apostles; Alben Head l sometime senior Warden and steve Blackman, sometime Junior Warden of Church of the Holy Apostles; Horace Booth, Homer 'Becky Head Robert Miller, , Cox, l Robert Palmer, Jean Richa~dson, Don Shipe, Paul Snell, and Ja~es c~arbonnet, Sometime'Members of the Vestry of church of the Holy I' . ,. Apostles i and the. Schismatic and Pl\a::Wi5tf.91 M2~}tfCh' of the Ho~y . " H3C lIN, ·V S '11 WO'Hl Apostles I Defendants I and as grounds therjore. would' show the Court PlAltlTlFl'S' FIRST AMENDED OIUGI!iI\L PEInlON ANO IIPPLICATIOIlVdot ~ t m:t S6. ' TEMPORI\RY IIlJU~cn9N AND PERMANENT INJUNCTION· pa!1e 1 of 16 HOLY/1~1A/PSl " ',AIW'. ,I,,! IN\ftl~\jl (r~ll.:1 A982 ", ( the following: 1. Plaintiff corporation of the Episoopa~ Diocese of Fort Worth (lithe Diocesan Corporation") is a not-for-p;cofit corporation organized and doing business under ~he laws of t~e state of Texas with its pr~ncipal office and place of business ip Tarrant County, , I Texas. !t holds legal title to properties us~d for religious purposes by parishes,missions and eccl~Siastica~ institutions of the Episcopal D;iocese of Fort WO,rth (nDioC!ese'~). 'In particula:r:,. it holds legal title to certain 'real property us~d 'for religious pu:r:poses 'and beneficia)ly owned by Church of .~he Holy Apostles lying and situated in Tarrant county, Texas, further desoribed on EXhibit nAn attached hereto and hereby ir:tcorpo.rated by reference for all purposes (lithe Real Property"). 2 • Plainti.ff Church of :the Holy Apostles ("Holy Apostles") is an unincorporated association organized for r~ligious purposes as a parish of the Episcopal Diocese of Fort Worth! ("the Diocese") , with its principal office and place of busiriess 'i~ Tarrant County, Texas. Holy Apostles acts through its Rector I Wairdens and vestry. 3. Defendant The Raverend. ·M. L.· McCauley, a resident of Tarrant CountYt Texas, was Rector and chairman .of the vestry of Holy Apostles at all times relevant hereto'until his inhibition on' October 5, 1992 1 as desc:tibed hereinbelow. He may be served at Holy Apostles, 3900 Longvue Avenue, Fort Worth, Tarrant county, Texas. The vestry of' Holy Apostles have the authori:ty and responsibility for certain day-to-day conduct of the parish I s PLAIIITIFFS' fIRST AMENDIiO ORIGINAL PEnnoN AIID APPLICATION FOR TEMPORARY INJUNCTION AND PERI~AIIEtlT INJUNCTIOll • Page 2 of 16 ~OLY11-1A/PSL A983 . ," 1"" t (' " \ business which are granted 'to them by canon law. 4. Defendant Albon Head, a resident of Tarrant co~ntYi Texas I was senior Warden and a melnber' of the vestry of' Holy Apostles at all time~ relevant hereto until on or about October 4, 1992, as described hereinbelo't-T. He may be, served at' 13,751 Old Weatherford Road, 'Aledo, Parker county, Texas~ 5. Defendant steve Blackman, a resident of Tarrant County, 'Texas, ,was Junior Warden and a member of the vestry of Holy Apostles at all times relevant hereto until on or about october 4, 1992, as descr~ed hereinbelow. He may be served at 2012 Adams Lane South, Azle, Tarrant county, Texas. 6. The Vestry of Holy Apostles. consisted! of those named above and an additional ten members at all times relevant here~o, until on or about October 4, 1992, as ~escribed hereinbelow. Nine of said Vestry members r Defendants herein, are those now listed, . , who reside and .may be served at the address in Tarrant county (unless otherwise stated) shown opposite each name: ' ~. Horace B.ooth, 106 Circle Dr. I Weatherfor¢l" Parker County I TX 76087 2. Homer Cox, 464 Meadowhill Dr., .Benbrook, TX 76126 3. "Becky Head, 12 BGunty Rd. W. 1 Fort Wo~th, TX 76132 ,L 4. Robert Miller, 2313 Harvest Glen ct. I Ft. Wort.h, TX 76108 5. Robert Palmer, 7 Frank Lane, Granbury, Hood County, TX 76049 6. Jean Riyhardson l 728 Winters, Fort ~pr~h, TX 76114 PLA1IITlEFS' FIRST ANEIIDED ORIGINAL PETITIOII AIID APPLICA!10» rOR TEMPORARY I/jJUNCTIQl.1 AND PERMANENT 1NJU~CT[QN - Page 3 of 16 1I0LY/1·1A/PSL A984 7. Don Shipe, 3 Lombardy Terrace, Fort worth, TX 76~32 8. P~ul snell, 2229 Huntington, Fort Wortn, TX 7Gl10 ,9. James Cha~bonnet, 8034 Meadowbrook Dr., Fort Worth, TX 76120 7. The Schismatic and Purported Church of the Holy Apostles is an unincorporated association or, not-f~r-prpfit corpQration organized for religious purposes as a member at the' Antiochean Orthodox C:hu:r;ch. It is composed in part of some Ipersons who have heretofore bean parishioners of Episco_pal Chwtch of the Holy Apostles but have become members in the Antioohearlt orthodox Churoh in accordance with action of the sometime vestry on or about October 4 r 1992, as described hereinbelow I and subsequent acts described h~reinbelow. 8. The Episoopal Diocese of Fort Worth is situated in all or parts or twenty-four counties in North Central Texas, includfng all of Tarrant County r Texas • It is a dioc~se· of The Protestant .Episcopal Church in the united states of America, ("The Episoopal ChurchU ), which is a confederation of dioceses s1.tuated primarily 'in the united states, but also in Latin America and'Europe. The Bishops .of The Episcopal Church ar~ members of the Anglican communion, which is composed of Bishops of the Church of England and numerous other Anglican churches world":wida. The Anglican Communion is itself ·in oommunion, reciprocal~y acknowledging validity of ~ach others Orders and Sacraments, with certain other Anglioan churohes around the world. The Anglican communion, the PlAHITtFFS' FIRSr AI~ENf)ED ORIGIHAl PETITIO!! AIIO APPLICATION FOR TEMPORARY INJUNCTION AND PERMANENT IUJUIlCrJO/! - Page 4 of, 16 1I0lY/1-1A!PSL A985 ( , Episcopal Church and the Episcopal: niocese of Fort worth are not in communidn wi th the 'various orthodox Churches I including the "Antiochean Orthodox Church. Consequently, no ,member of' the Antiochean orthodox Church is in communion with the Episcopal Bishop'of Fort Worth.
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