i ul6 part 31, the for 1.6.4 ln

DCr-Ø?-2Ø7Ø 72t?5 EPISCOPAL CHURCH CENTER

BISEOP

2009 Diocesen Report to the E¡ecutive CouncilOf the Epircopal Church

4Ð 1786

Part l.: Report of New ald Closed CongregationsFor the year ended December 31, 2009

ln compliance rvirh Cqnon 1.6.4

]N ORDER TO FACILITATE PHOTOCOPYINC. PLÉASE TYPE OR USE BLACK INK TO COMP¡,DTE THIS FÔRMSenil the orlginal to the Erecutivo Councll c./o the Research Offlce by $eptember 1,2010.

Mail To: 7'he Research OÍlce, The Episcopøl Churth CenterEl5 Second Ave., New lork NY 10017

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DcT-Ø?-2Ø7Ø 1,2',:25 EPISCOPÊL CHURCH CENTER

Report of New Congrogations and ClosuresFor the year ending December 31,2009

2r2 4?r AØ2? P,Ø3

The Diocese of Ën* tl" fft'

Plesso list rll new and cloeed congregatione below (or attach a llst to thic page).

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Mail To: The Rscuch Omce, The Epiecopal Church Ccntcr815 Second evs.. New York, NY IOOI?

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A194


ocT-Ø?-2ØtØ rzt26 EPISCOPâL CHURCH CENTER 2I2 4?I AØ2?

2009 Diocesan Report to the ExecutÍve CouncilOf the E Church

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,40 1786

Part rr: operating rncome and Audited Financiar statementFor year ended December 31, Z00g

In compliance w¡rh Ceûo¡ts I.4.6(i) and t.7

IN ORDËR'I'O FACILITATE PHOTOCOPYINC, PLEASE TYPE OR USE IìLACK INK TO COMPLETE THIS FORM.

Send the original to the Executive Çouncil c/o the Reeearch Office by September 1, 2010.Maíl To: The Research O/fice, The Epìscopal Church Ccnter

815 SecondAve., New York, NY 10017

REPORT PREPARATION

BISHOP

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817-602-39t4Robert Hicks, Diocesan Treasurer

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SþanueThe Right Reverend C, Waltis Ohl

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Dioccsan Report, Part 2 Dlocesan llzport of Operating lncome

A195


ocT-Ø?-zØrØ 72t26 EPISCOPAL CHURCH CENTEREPISCOPAI DÎOCÊSE OF FORT WÕRTH

2L2 4?r AØ21 P.Ø5

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TOTÊL P.Ø5

A196


EXHIBIT F


CAUSE NO. 141 -237 105-09

THE EPISCOPAL CHURCH, THE RT.REV. C. V/ALLIS OHL, ROBERT HICKSFLOYD MCKNEELY, SHANNON SHIPP,DAVID SKELTON, ANd V/HIT SMITH

Plaintiffs

FRANKLIN SALAZAR, JO ANN PATTON,WALTER VIRDEN, III, ROD BARBER, CHADBATES, THE RT. REV. JACK LEO IKER, JUDYMAYO, JULIA SMEAD, THE REV. CHzuSTOPHERCANTRELL, THE REV. TiMOTHY PERKiNS, and

THE REV. RYAN REED

Defendants/C ounter-D efendants

THE ANGLICAN PROViNCE OF THE SOUTHERNCONE'S "DIOCESE OF FORT WORTH''

Defendant/Third-Party Plaintiff/Counter-Defendant

THE ANGLICAN PROVINCE OF THE SOUTHERNCONE'S "CORPORATiON OF THE EPISCOPALDIOCESE OF FORT WORTH''

Intervenor/Third-Party PlaintifVDefendant/C ounter-D efendant

ST. ANTHONY OF PADUA CHURCH (Alvarado),ST. ALBAN'S CHURCH (Artington), ST. MARK'SCHURCH (Arlington), CHURCH OF ST. PETER and

ST. PAUL (Arlington), CHURCH OF ST. PHILIPTHE APOSTLE (Arlington), ST. VINCENT'SCATHEDRAL (Bedford), ST. PATRICK'S CHURCH/Rnrx¡ic\ ST ANTnPtr\V'S (-TTITRCII lRtce.l¿entidoe\

\v^ v_^rv¡4¡ÉÞv/,

GOOD SHEPHERD CHURCH (Brownwood), ST.

.TOHN'S CHURCH (Brownwood), CHURCH OF ST.

JOHN THE DIVINE (Burkburnett), HOLYCOMFORTER CHURCH (Cleburne), ST.

MATTHEW'S CHURCH (Comanche), TRINITYCHURCH (Dublin), HOLY TRINiTY CHURCH(Eastland), CHRIST THE KING CHURCH (FortWorth), HOLY APOSTLES CHURCH (Fort Worth),IGLESiA SAN ruAN APOSTOL (Fott Wotth),

VS.

AFFIDAVIT oF KATÉILEEÑ. WELLS PAGE ]

IN THE DISTzuCT COURT OF

TARRANT COLINTY, TEXAS

141ST DISTzuCT COURT

A197


IGLESIA SAN MiGUEL (Fort Worth), ST.

ANDREW'S CHURCH (Fort Worth), ST. ANNE'SCHURCH (Fort Worth), CHURCH OF ST,

BARNABAS THE APOSTLE (Fort Worth), ST,

JOHN'S CHURCII (Fort Worth), ST.MICHAEL'SCHURCH (Richland Hills), CHURCH OF ST. SIMONOF CYRENE (Forl Worlh), ST. TIMOTHY'SCHURCH (Fort Worth), ST. PAUL'S CHURCH(Gainesville), GOOD SHEPHERD CHURCH(Granbury), CHURCH OF THE HOLY SPizuT(Graham), ST. ANDREW'S CHURCH (GrandPrairie), ST. JOSEPH'S CHURCH (Grand Prairie), ST.

LAURENCE'S CHURCH (Southlake), ST. MARY'SCHURCH (Hamilton),TRINITY CHURCH(Henrietta), ST. MARY'S CHURCH (Hillsboro), ST.

ALBAN'S CHURCH (Hubbard), ST. STEPHEN'SCHURCH (Hurst), CHURCH OF ST. THOMAS THEAPOSTLE (Jacksbolo), CHURCH OF OUR LADYOF THE LAKE (Laguna Park), ST. GREGORY'SCHURCH ) (Mansfield), ST. LUKE'S CHURCH(Mineral Wells), CHURCH OF ST. PETER BY THELAKE (Graford), ALL SAINT'S CHURCH(Weatherford), ALL SAINT'S CHURCH (WichitaFalls), CHURCH OF THE GOOD SHEPHERD(Wichita Falls), CHURCH OF ST. FRANCIS OFASSISI (Willow Park), and CHURCH OF TI{EASCENSION & ST. MARK (Bridgeport)

Intervenors/Third-Party Plaintiffs/Defendants/Counter-Defendants

VS.

MARGARET MIEULI, ANNE T. BASS, WALTCABE, THE REV. CHzuSTOPHER JAMBOR, THEREV. FREDEzuCK BARBER, THE REV. DAVIDMADISON, ROBERT M. BASS, CHEzuE SHIPP,DR. TRACE WORRELL, THE REV. JAMESHAZEL, THE REV. JOHN STANLEY, THE RT.REV. EDWIN F. GULICK, JR. and KATHLEENWELLS,

Thi rcl -Party Defendants/Countercl ai m ants

THE EPISCOPAL CHURCH,

Third-Party Defendant

AFFIDAVIT oF KATHLEBI.* WELLS P¡cr,2

A198


AFFIDAVIT OF KATHLEEN WELLS IN SUPPORT OF EPISCOPAL PARTIES'MOTIONS FOR S ARY.IIID(IMENT

STATE OF TEXAS

COI.]NTY OF TARRANT

BEFORE ME THE UNDERSIGNED AUTHORITY, on this day personally appeared

KATHLEEN WELLS, who, being by me personally sworn, upon her oath stated:

1. My name is Kathleen Wells. I am over eighteen years of age, of sound mind, and

fully capable and competent to make this Affidavit. I have personal knowledge of the facts

stated herein, and all facts stated herein are true and correct

2. Since February 7,2008I have served as the Chancellor of the Episcopal Diocese

of Fort Worth (the "Diocese"), which is a subordinate unit of the Protestant Episcopal Church in

the United States of America ("The Episcopal Church"). I also served as a delegate from my

parish, Trinity Episcopal Church in Fort Worth, to the annual meetings of the Diocesan

Convention in 2007, 2008, and 2009, respectively, and also to the special meeting of the

Diocesan Convention on February 7, 2009 for the Episcopal Diocese of Fort Worth. I also

served as a deputy from the Episcopal Diocese of Fort Worth to the meeting of the General

Convention of The Episcopal Church in 2009 and now serve on the Church's Standing

Commission for Constitution and Canons.

3. In September 2008, then-Bishop of the Diocese Jack Leo Iker produced various

written statements advocating that the congregations and members of the Diocese should

separate from The Episcopal Church and "realign" with the Anglican Province of the Southern

Cone. True and correct copies of two such statements are attached as Exhibits L and 2.

4. At the November 14-15, 2008 annual meeting of the Diocesan Convention, which

I attended, the breakaway faction led by Iker purported by local majority vote to sever the

$

$

$

AFFIDAvIT on' Knrulpot¡ WBU-s PAGE 3

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Diocese's ties with The Episcopal Church by purporting to replace Article I of the Diocesan

Constitution, which stated that "[t]he Church in this Diocese accedes to the Constitution and

Canons of the Episcopal Church in the United States of America, and recognizes the authority of

the General Convention of said Church," with the following text:

The Episcopal Diocese of Fort Worth is a constituent member of the AnglicanCommunion, a Fellowship within the One, Holy, Catholic, and Apostolic Church,consisting of those.duþ con^stituted Dioceses, Provinces and regional churches incommunion with the See of Canterbury, upholding and propagating the historicFaith and Order as set forth in the Old and New Testaments and expressed in theBook of Common Prayer.

A true and correct copy of the Report from the Constitution and Canons Committee to the 26ft

Annual Convention of the Episcopal Diocese of Fort Worth, recommending this change to the

Diocesan Constitution, is attached hereto as Exhibit 3.

5. At the November 14-15, 2008 annual meeting, the Diocesan Convention also

purported to adopt the breakaway faction's "Proposed Resolution for Admission to the Anglican

Province of the Southern Cone," which stated in relevant part that the Diocese "does hereby

accept the provision made by the Anglican Province of the Southern Cone, and the Episcopal

Diocese of Fort V/orth does hereby immediately enter into the membership with the Anglican

Province." A true and correct copy of this proposed resolution is attached to this Affidavit as

Exhibit 4.

6. By these actions at the November 14-15,2008 annual meeting of the Diocesan

Convention, the breakaway faction purported to cause the Diocese to join a church located in

South America, the Anglican Province of the Southern Cone, that is not a part of The Episcopal

Church. Attached'hereto as Exhibit 5 is a true and correct copy of a November 16, 2008

statement by the breakaway faction entitled "As We Realign," in which the breakaway faction

AFFIDAVIT OF KATHLEEN WELLS PAGE 4

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claims to have "withdrawn from the General Convention" and "realigned with another Province

of the Anglican Communion."

7. On November 24,2008, the former members of the Standing Committee of the

Diocese-The Rev. Christopher Cantrell, The Rev. Thomas Hightower, Judy Mayo, The Rev.

Timothy Perkins, Frank Salazar, and Walter Virden-and Bishop Iker published their response

to the Presiding Bishop's inhibition of Iker on November 21,2008, clearly indicating that they

did not consider themselves to be part of The Episcopal Church. A true and correct copy of that

response is attached hereto as Exhibit 6.

8. On February 7,2009, the Presiding Bishop of The Episcopal Church, The Most

Rev. Katharine Jefferts Schori, called to order a Special Meeting of the Convention of the

Episcopal Diocese of Fort Worth a.fter acknowledging that, atthat time, there was "no Bishop of

the Episcopal Diocese of Fort Worth, or any quaiified members of the Standing Committee of

that Diocese." Attached hereto as Exhibit 7 is atrue and correct copy of the Notice of Special

Meeting of the Convention of the Episcopal Diocese of Fort Worth from the Presiding Bishop.

9. The individual defendants other than Bishop lker assumed their respective

positions as Trustees of the Diocesan Corporation, Trustees of the Fund for the Endowment of

the Episcopate, and members of the Standing Committee of the Diocese on or at various times

prior to November 15, 2008, by virtue of their qualification at the time of their election under

r. t , I : -L' ,- l:,- - -f - --^--:-l- ^-- -^:^-:^^

i- +L^ l-\:^^^^^olocesan ganons as tay persons IIr g(JoLr srallurlrB ur a PaII¡iu uI rrlrssrulr ru utç l-,,rurvvrn? \rr

members of the Clergy canonically resident in the Diocese, and their election to those offices by

the Diocesan Convention, Before and after the breakaway faction purported to sever ties with

The Episcopal Church and affitiate with the Anglican Province of the Southem Cone, the

AFFIDAVIT OF KÄTHLEEN WELLS PAGE 5

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continuing local members of The Episcopal Church have continued to worship in Fort Worth as

part of The Episcopal Church and its Episcopal Diocese of Fort Worth.

10. The Diocese has consistently sent representatives to meetings of both houses of

The Episcopal Church's General Convention, including to the Convention's most recent

meetings in 2006 and 2009.

1 1. Since before I became a member of The Episcopal Church in Fort Worth in 1987,

The Episcopal Church has been providing religious services in the north-central Texas area

continuously using (1) the name "Episcopal Diocese of Fort V/orth'? and (2) a graphical depiction

of a shield (the "Diocesan Shield"). Until on or about November 15, 2008, I was aware of no

other organization that identified itself by (1) the name "The Episcopal Diocese of Fort Worth"

or (2) the graphical depiction of a shield used to identify the Diocese. Reproduced below is a

true and correct copy of the Diocesan Shield.

i. .:

I

/ri'*1

12. Through this use, the Episcopal Diocese of Fort Worth, as a unit of The Episcopal

Church, has established substantial goodwill in the name "Episcopal Diocese of Fort 'Worth"

and

in the Diocesan Shield. Those rights have been recognized by the United States Patent and

Trademark Office, which granted Federal Registration Nos. 3,820,400 (name) and 3,826,996

AFFrDAvrr or KarHr-rnN WBLLS P¡ce 6

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(seal) for the service marks. True and correct copies of the certificates of registration from the

United States Patent and Trademark Offrce are attached hereto as Exhibit 8.

13. After the breakaway faction purported to disaffrliate from The Episcopal Church

and purported to "realign" the Diocese with the Anglican Province of the Southem Cone, that

breakaway faction continued to use the name "Episcopal Diocese of Fort Worth" and the

Diocesan Shield in connection with their provision of religious services. This has included use

and display of the name "Episcopal Diocese of Fort Worth" and the Diocesan Shield in offrcial

communications, on the breakaway faction's website, http://www.fivepiscopal.org, and on

various mailings and other publications. Attached as Exhibit 9 are true and correct copies of

examples of such unauthorized uses of the Diocesan name and shield.

14. Attached hereto are true and correct copies of the following documents issued in

conjunction with the annual meetings of the Diocesan Convention in2007 and 2009, respectively:

a. Excerpts from the Journal of the annual meeting of the Diocesan

Convention ín2007 (Exhibit 10);

b. Excerpts from the Journal of the special and annual meetings of the

Diocesan Convention in 2009 (Exhibit 11).

15. Attached hereto is a true and correct copy of the text of Canon 11 "Corporation of

the Episcopal Diocese of Fort Worth," applicable from 1982 - 1989,,and then renumbered in i989

as Canon 17 "Corporation of the Episcopal Diocese of Fort Worth," applicable through 2008, of

the Canons of the Episcopal Diocese of Fort Worth (Exhibit 12).

AFFDAVIT OF KATHLEEN WNIIS

Kathleen Wells

PAGB 7

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STEPHANIE ROVI/ËLLrcTATT PßJC STATE tr THIIIc0rïr!t0t EÌPttc!:10-06-2()1 1

SUBSCRIBED AND SWORN TO BEFORE ME this \3^àuv of October,2010

Notary State of Texas

AFFIDA\/IT OF KATHLEEN WELLS PÄ.GE 8

A204


TAB 1


Fþ.

.Í'

+

REPORT OF THE COMMTTTEE

ON COI.{STITUTIOI\ AND CANOII{S

TO

THE 26TH ANI\UAL CONVET{TIOI\

OF THE EPISCOPAL DIOCESE OF FORT \ryORTH

EXHIBITEtÊ 3Y

A205


PROPOSED CONSTITUTIONAL AMENDMENT B (Presented as D last year)

This was presented to the Twenty-fifth A¡rnuai Convention of the Episcopal Diocese of FortWorth. It was adopted last year with amendments. This is being submitted for the second

reading.

Right Reverend Sir:

O¡ behalf of the Committee on Constitution and Canons, we present the following amendment to

Article 1 of the Constitution of this Diocese, as proposed by the Standing Committee:

Existing text:

ARTICLB 1

AUTHORITY OF GENERAL CONVENTION

The Church in this Diocese accedes to the Constitution and Canons of The Episcopal Chut'ch,

and recognizes the authority of the General Convention of said Church provided that no action ofGeneral Convention which is contrary to Holy Scripfure and the Apostolic Teaching of the

Church shall be of any force or effect in this Diocese.

Proposed text:

ARTICLE 1

ANGLICAN IDENTITY

The Episcopal Diocese of Fort Worth is a constituent member of the Anglican Communion, a

Fellowship within the One, Holy, Catholic, and Apostolic Church, consisting of those dulyconstituted Dioceses, Provinces and regional churches in communion with the See ofCanterbury, upholding and propagating the historic Faith and Ordel as set forth in the Old and

New Testaments and expressed in the Book of Common Prayer,

The Comntittee on Constitution and Canons unanimously recotnmends adopti.on.

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TAB 2


PROPOSED RESOLUTION FOR ADMISSIONTO THE ANGLICAN PROVINCE OF THE SOUTHERN CONE

BE IT RESOLVED, that the Episcopal Diocese of Fort Worth, meeting in its 26*h A¡nualConvention, does hereby accept the provision made by the Anglican Province of the Southem

Cone, and the Episcopal Diocese of Fort Worth does hereby immediately enter into membership

with the Anglican Province of the Southern Cone as a full and equal constituent member of such

province, uttd th" Episcopal Diocese of Fort Worth does hereby accede to the authority of the-Constitution

and Cánons of the Anglican Province of the Southern Cone to the extent such

Constitution and Canons are not contrary to Holy Scripture and the teaching of the one holy,

catholic and apostolic Church.

Proposed by the Committee on Constitution and Canons

Explanation

The Episcopal Diocese of Fort Worth has resolved to remain within the family of the

Anglican Communion while dissociating itself from the moral, theological, and disciplinary

innovations of The Episcopal Church in the United States of America. The Synod of the

Anglican Province of the Southern Cone, meeting Nov. 5-7, 2007, voted to welcome into

membership of their Province those dioceses of The Episcopal Church in the United States ofAmerica who share this resolve.

Therefore the Episcopal Diocese of Fort Worth, acting by and through its lawfullycolstituted convention of clergy and lay delegates, proposes to enter into affiliation with the

Anglican Province of the Southern Cone.

EXHIBIT

IÉ

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TAB 3


t

Ë

o

The Episcopal Diocese of Fort Worth ' , s We eeaLLgw

Our 26th annual convention has taken actionto secure our future as a diocese.

During ú¡e Nov- t4 615 diocesan convention, your clergy and elected delegates have taken a.,

standäs faithful members of the worldwide Anglican Communion. They have heeded the call to

'contend for the fa¡th that was ohce for all entrusted to the sainb.' (¡ude 3)

What has changed?

By voting to change our diocesan Constitution and Canons, we have withdrawn from the General

Cånventi-on; dissoiiating ourselves from the moral, tieological, and disciplinary innovations of

The Episcopal Church. úe have realigned with another Province of the Anglican Communion.

This is a change in affiliation, not a change in wonhíp or doctrine.

Our Bishop, clergy, and congregations have beejn received into the fellowship of the Anglican -

Province of the Sóuthern Coie. We are deeply grateful to Archbishop Gregory Venables for this

provision, which he has made on a temporary and emergency basis, in response to the.crisis in

ihe Episcopal Church- We now look forward to the formation of an Anglican Province in NorÚr

America.

Where we stand.

We'remain true to t}e historic faith and order of the Church.

Wg remain a member diocese of the Anglican Communion.

We rernain the Episcopal Diocese of Fort Worth. The word "episcopal" identifies us as part of

the apostolic succession, with a bishop as our elected chief pastor-

We rémain in communion with other Episcopalians. We share fellowship with all those in any

Province who recognize the authority of Scripture and the faith and order of historic Anglicanism.

Everyone is welcome to worship in our churches this Sunday and every Sunday. Our liturgy re-

mains the same, our name is the same. Most of all, we remain committed to the Gospel of our

Lord and Savior Jesus Christ.

EXHIBIT

',-À.-Jh

t

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Ê

Ð

What is the status of our clergY?

Our clergy continue to be licensed for ministry by Bishop lker. TEC benefit progtams, which may

no tong"iU" available to them, have been replaced by new gt9'!l1tu1:lce policies and a re-

iir.-"ii plan. Clergy who have established pensìon accounts in TEC will be eligible at retirement

to receivË benefìtsãarned. While these will be less than they might have had by çtaying with the

;;ù;r ionger, their new investment plan wìll provide supplemental retirement funds'

What about those Episcopatians who disagree with the decision to realign?

We know that not everyone agrees with this change. Those who dissent are valued brothers and

sisters in Christ, and'thåy are ielcome to remain In their congregations' For iome, however' it

may be necessary to separate from the diocese, perhaps permanently- ln a few cases' it rnay be

the'will of a majorìty oithe members in a particular parish to remain in-The Episcopal Church'

Wh.r" this is the case, the Bishop, Standing Committee, and Board of Trustees hope to work

with the rector and vestry to corne to a muiually agreeable separation and settlement of property

issues without resort to lawsuits or other hostile actions

what response should we expect from representatives of the General

Convention?

We expect a number of announcements in the days, week, and months ahead. Among these

-ay bå plans for a new General Convention-member diocese in this 24-county area. There may

b. íawsuits testing the ownership of our properties. And action may be taken to remove our

Aitttop and clergy"from their potitiont in ministry in the General Convention church' But such

aaion will haveîo practical effect, sín.u they wiil already be ministerìng under the authority of

another Anglican Piovince. These developrnents may generate news headlines, and they may

.urra ,orn"".onfusion, but they will not prevent us from going forward in mission as a diocese'

What next?

On Nov. 24, Bishop lker will meet with the clergy on the topic of "Moving Forward - Life After

TEC." Other events for clergy and lay people will be announced in the weeks ahead. Please con-

tinue to pray for our diocesle', for all 'Episcopalians,

and for the Church throughout theworld. Let

us pray fbr Cod's guidance for ourselves and for the leadership of our churches and diocese. Let

ur ruuk the peacelhat passes understanding. Let us re)oice in God's saving grace and cont¡nue to

carry his message of love and salvation to the world-

The actions of our 26th diocesan convention assure us of: ourfuture as traditional Anglicans. We are now free to carry out our

diocesan m¡ss¡on, "To equip the saints for the work of ministry."

ilECUSA 001567

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THE EPISCOPAL DIOCESE OF FORT WORTH2900 Alemeda Street

Fort Worth, TX 76708

877-244-2885 voice

877-244-3363 fax

www.fivepiscopal.org

THr Rr. Rrv. Je,cr Lro IrcR, Bishop

November 24,2008

RBsporusES To ATTEMPTED INHIBITIoN oF THE Blsnop

FORT WORTH, Texas - A letter of inhibition and supporting documents were issued Friday, Nov.21, from

the office of Katharine Jefferts Schori, Presiding Bishop of The Episcopal Church, to the Rt. Rev. ]ack Leo

Ikeç Bishop of Fort Worth. However the inhibition is of no force or effect, since the Bishop and Diocese,

meeting in annual convention, constitutionally realigned with another province of the Anglican

Communion on Saturday, Nov. l-5, and are now constituent members of the Anglican Province of the

Southem Cone. Documents to this effect have been made public. Consequently, this attempted inhibition

will not deter the Bishop from the continuance of his ministry.

Two responses are being issued at this time. From Bishop Iker:

Katharine Jefferts Schori has no authority over me oï my ministry as a Bishop in the Church of

God. She never has, and she never will.

Since November 1-5, 2008, both the Episcopal Diocese of Fort Worth and I as the Diocesan

Bishop have been members of the Angiican Province of the Southern Cone. As a resulÇ canon-

ical deciarations of the Presiding Bishop of The Episcopal Church pertaining to us are irrele-

vant and of no consequence..

The Rt. Rev. ]ack Leo IkerBishop of Fort Worth

From the Standing Committee:

The Standing Committee of the Episcopal Diocese of Fort Worth is a member of the Province

of the Southern Cone as of November l-5, 2008. Bishop Iker is a member in good standing of

the House of Bishops of the Province of the Southern Cone.

We wonder by what authority the Presiding Bishop of the Episcopal Church in the United

States presumes to inhibit a bishop of the Province of the Southern Cone. We do not recognize

IÁ u

EXHIB IT

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Noaember 24,2008 page 2 of 2

the authority of the Presiding Bishop over us. We regret this illegal, unconstitutional, and

uncanonical attempt to interfere with the rights and ministry of a diocese of another province of

the Anglican Communion. We call upon her to desist from any further actions in our diocese and

that she refrain from any further border crossing'

The Rev. Dr. Thomas HightowerPresident, Standing Committee

The Episcopal Diocese of Fort Worth consists of 56 congregations. The major cities in the diocese include Fort Worth,

Arlingtorç Hurst-Euless-Bedford, Wichita Falls, Grand Prairie, Rictùand Hills, Brownwood, and Stephenville, Texas. The

Rt. Rev. jack L. Iker has served as the third Diocesan Bishop of Fort Worth since 1995. The diocese "tioys

companion

relatior-rships with the Dioceses of Northem Malawi and Northem Mexico,

-30-

Contact: Suzanne GillDirector of CommunicationsThe Episcopal Diocese of Fort Worthhs [email protected]

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THT EpISCOPAL CHURCHThe Most Reverend Katharine Jefferts Schori

Presiding Bishap and Primate

Notice of Special Meeting of the C.onvention of the Episcopal Diocese of Fot lVoñh,

Saturday, February 7 , 2009, Trinity Episcopal Church, Fort 'tflorth, Texas

There being at this time no Bishop of the Episcopal Diocese of Fon 'Wonh, or ^tty

qualified

memben of the Standing C-ommittee of that Diocese, as the Presiding Bishop of the Episcopal Church,

in consuhation with the Steering Comminee of faittrful Episcopalians of that Diocese, I hereby give

notice that at 1:30 p.rn CST on Saturday, February7, 2009, at Ttittity Episcopal Church, Fort'Worth,

Texas, I shall cail to onier a Special lvfeeting of the Convention of that Diocese.

The purpose o{ this Meeting will be the election of a Provisional Bishop of the Diocese.

Thereafter, the Conv.ention is e4pected to proceed to the election or appointment of memben of the

Standing C.omminee, Executive Council, and other officen of the Diocese; adoption of a budget; and

corsideration of resolutions relating to recent puqporced amend¡nents of the Corstitution and canons of

tlre Diocese as well as other resolutiors relating to the orgenizatio¡ and governance of the Diocese.

All qualified clerical and hy delegates to the Convention are u¡ged to attend. Giteria for

qualification and a proposed agenda for the meeting will be provided in a subseqr:ent notice.

The meeting will be open to the public as space permits.

For further information, please refer rc hnp://wwv¡.episcopaldioceseforwonh.org or contect

eirher of the CoCtrairs of the aforementioned Sæering Commitæe: 'Waker C-abe (w¿[email protected])

and the Rev'd Gnon Courtland Moore ([email protected]).

flhe Most Rev'd) Katharine Jefferu Schori)OffI Presiding Bishop of the Episcopal Church

THE EPISCOPAL CHURCH CENTER

h

ËÉ 'l

EXH IBIT

815 Second Avenue New York. NY 10017-4503 USA . 212-716-6276 a 8OO-334-7626 e www.episcopalchurch.org

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TAB 6


.6$ttel årtstÊß sf Hwettw

Reg. No.3,820,400

Registered July 20, 2010

Int. Cl,:45

SERVICE MARK

PRINCIPAL REGISÎER

@níteù #tutes lþutent snì @rnhemnrh @ffíce

The Epíscopal Diocese ofFort Worth

Epts coPAL DiocESE oF FORT }VORTH (TEXAS U N IN CORPORATED ÀSSOCIATÍ ON)

3550 SOUTHWEST LOOP 820FORTìVORTH, TX'16133

FOR: RELIGIOUS SERVICFS, NAMELY, MINISTERTAL, EVANCELICALAND MISSIONARY

SERVICES, rN CLASS 45 (U.S. CLS. 100 AND l0l).

FIRST USE 6-l-1983; IN COMMERCE 6-1'1983.

THE MARK CONSISTS OF STANDARD CHARACTERS WMHOUT CLAIM TO ANY PAR.

TICULAR FONT, STYLE, SIZE, OR COLOR,

sEc,2(F).

sER. NO. 7't-748,064, FILED 5-29-2009.

HAI-LY LAM, EXAMiNING ATTORNEY

ft;,'î.LwDir(rtor of lh¡ lln¡rcd Slllq Pdcn( Ðd'ÍÉdcmük OflìEc

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REQUIREMENTS TO M,A.INTAIN YOUR FEDER.ALTRADEMARK REGISTRATION

WARNINGI YOUR REGISTRATION \ryILL BE CANCELI,ED TT'YOU DO NOT FTLE TTIEDOCUMENTS BELOW DURTNG TTIE SPECTFIED TIME PERIODS,

Requirements in the First Ten Yearsã

What and When to File:

c Fírst Filing Deadlìne: You must fìle a Declaration of Use (or Excusable Nonuse) between the

5th and 6th years aftertheregístration date. See 15 U.S.C. $$1058, 1141k. If thedeclaration is

accepted, the registration wilI continue in force for the remainder of the ten-year period, calculated

from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a

federal court.

I Second FìIìng Døadlíne: You must fite a Declaration of Use (or Excusable Nonuse) and an

Application fo¡ Renewal between the 9th and iOth years after the registration date.*

,1¿¿ 15 U.S,C, $i059.

Requirements in Successive Ten-Year PerioilstWhat and When to File¡

You must file a Decla¡atíon of Use (or Excusable Nonuse) and anApplication for Renewal between

every 9th and lOth-year period, calculated from the registration date'+

Grace Period Filings*

The above documenrs will be acceptecl as timely if filed within six months after the deadlines listed above

with the payment of an additional fee.

The United Ståtes Patent and Thademark Office (USPTO) will NOT send you any future notice orreminder of fÌrese filing requirements.

*.ATTENTION MADRIÐ PROTOCOL REGISTRANTS: The holder of an international registration with

an extension of protection to the Unitecl States under the Madrid Protocol must timely file the Decla¡ations

of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are

based on fhe U,S. registration date (not the international registration date). The deadlines and grace periods

for the Declara¡ions of Use (or Excusable Nonuse) are identical to those fot nationally issued registrations.

-gee 15 U.S,C, S$ i05S, I 141k. Howcver, owners of international registrations do not frle renewal applications

at lhe USPIO. Instead, the holder must file a renowal of the underlying international registration at the

International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol'

before the expiration of each ten-year term of protection, calculated from the darc of the international

registràtioi¡ See15U.S.C.$1141j. Formoreinformationandrenewalformsfortheinternational registration,

see http://www.wipo. inlmadrid/en/.

NOTE: Fees and requirements for maintaining registrations are sulrject to change' Please check the

USPTO website for further information. lVith the exception of renewal applications for registered

extensions of protection, you cân file the registration maintenance documents referenced above online

at http;//www.uspto.gov.

ö

Page;2/RN #3,824,400

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Wuw66sW @ewË,ø,ffi ætr ffiwæffinífeb St*teg frþetemf ømÞ @rsber¡tsuk @ftÉee

yffw

.ar

x.¡fti¡7

Reg. No. 3,826,996

R"egisÉened ,{ug. 3, 2tl0 FoRr wot{rt{, rx ?6 t 33

lrat. Ct.:45

SERVTCÐ MÀRK

FRXNCTFAT. R.ÐGTSTT}R

EPTSCOPAL DIOCESE OF FORT ÌVORTH (TEXAS UNINCOIIPOIIATED ASSOCL{rlON)3550 SOUTHWEST LOOP 820

FOR: RELICIOUS SERVICES,.NAMELX lvtlNISTEIIIAL, EVANGELICÀL^ND MISSTONÁI{Y

SERVTCES, lN CLASS 4s (U.S. CLS, r00 AND l0l).

FIIìST USE 6-l-1983; IN COMMEIICE 6-1-1983.

NO CLAIM IS MADE TO THE E}íCLUSIVE RTCI.IT TO USE "Iq83", ÀPART FROM T].IE

MARI(AS SHOWN.

THE COLOR(S) BLACK,'WFIITE, SILVER, GOLD, GREEN,.MAROON, ORANCE'AND BLUE

]S/ARE CLÀIMED AS A FEATURE OFTHË MAIIK.

THE MARI( CONSISTS OF A LARCE VERTICAL ELLTPSE IN WHTTE CONTAINING A

SECOND VERTTCALELLIPSE IN V/HITE BETWEEN WHICH ELLIPSES APPEAR IN BLACI(FONT THE WORDS "TFIE.SEAL OFTHE EPISCOPAX DÍOCESE OF FORT \\TORTH" WHICH

APPEAIì ABOVE TWO SMALL CROSSES AND TI-TE YEAR "1983" WI'IICFI ARE ALSO INBLACÍ( FONT WITH TI.IE 1NSIDE VERTICAL ELLIPSE FUTTTHER CONTAINING A \,VH¡TE

TJISI-IOP'S MITREwlTH COLD AND BLUE BANDS UNDER WHICH ÀPPEARS A SHIELD

WITH A GREEN SQUARÊ INTI{F, UPPER LEFTQUADRANTOFTÍIESI-IIELD UPON IYHICI.I

IS EMBLAZONED A COLD AND BLACI( COLORED CRIIIFIN ÄND WITI.I MAROON

COLOIìATI,ON ON TI-IE IìIGHT QUADRANT OF THE SI.IIELD EXTENDING I¡: A BANDACIIOSS'l'HE À4IDDLE PART OF TIìE Sl-llELD BELOW WI{ICH APPEARS AN OR¡\NGE

BAND ACROSS T}IE SHIEI-D WITI-I FORTI{ESS BAÏTLEMENTS OUTLINED IN tsLACI(

AND UPON VI/HICH IS ËÌVItsLAZONED À BLACI( I.ONGHORN STEBIì .BELOW WI:IICI{

APP¡]ARS A RLI,IË BANI) AT THE BOTTOM OF THE SHIELD UPON I/IiICH IS EM-

BLAZONED TWO WAVY 1À/IllTE LINES AND A V/Í'IITE FIVE POINT STAR AND IJ.EHINI)

THE SHIELDAPPEAIìS A GOLD AND BLACIT COLOIìED J(ËY AND A SILVEI{AND I]LACI(COLORED BlSl-lOP'.S STAFF WITH A WHITE AND MAIIOON BANn*El( UNDERNEATIJTIJE SHIELD UPON WfIICH'TIìE WORDS ''LOS tsI{AZOS DE.DIOS'' ÀPPEÀIì fN BLACI(FONT.,

TH.EENCLISI.ITIIANSLMION OF ''LOS BÍ{AZOS DE I)IOS'' IN THE MAIì,J( JS ''THEAIìMSOF GOD''.ffi;T"LW

l)irdtor ofil,. Llnitcrì Slrlcs I'ôlcnt ¿nd'l rudc,nxÍli Oíict

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Reg. NO. 318261996 sEC. 2(F) AS ro "rHE EPISCoPAL DI9SESE oF FoRr woRTH'

sËR. NO.'t1 -7 48,164, FrLED 5-29-2009,

I{AI-LY LAM, EXAMININ6 ATTORNEY

Page:2/RN#3,826,996

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I.H F ËPISCCIP¡rL DIOCESI: C)]:: FONr \A/ORTI-J'Ijrc I{¡. }\cv, Jack l-. Ìkcr, D.D., I}ilny of]ort \\?ortlt

Trm Brsr-ror,'s llolrans AxNu¿1. Appnll

Ll¡rur'?tL{.l

".[¡1¿jl ¡r/-1,ori ttusL givt' ct-< 1'¡¡1lr¡71'¿, rnade tr¡, )loilr tnìtrc\, ttot rrlucl¿ntlt' or rmdu cottrixtlsitttt,

jol Go,ì lovc: a cbcu'ftil gìvc.r." l.l (.,orítúhi:L.ts 9:7

I.)¿ur Fricnc{.s in Chri.sr;

.fr is ].,c¡r cr¡i:c rtgai¡, ;¡¡rct tlris is rlrc ¡i¡¡c fer nry atrtrutnl a¡rpcal ro c'rct'y fiol¡"t'lrolcl ilt otu'

djt.¡cc'.se firr sup¡rorr of the "llishopJs Dclllars" cirm¡ri¡;ig¡¡. Plcasc assist tnc iu t'esfror¡clirrg ro rl'rc

rla.r:1'nec<fs th;¡r,:onrc ro rì-r\r ¿lrt(ïrrion clrrring rhe courst- of tbe 1,ex¡ frctnr a valicry of sour,--cs

\ilur gifì u'í11 be o l¡lessing üo ser]lrorìc rvlro looks to flrc irs thcir' (lhíef Pasrot in rime clI

firurnt:i,rl nectl. It u'ill ¡rlso cl:rablc nre to provicle lìrr a rurnlbct of nrìnistrl nec.{s rha¡ at'c nor

inclu."led ìrì cllc ånr1uâl buclget oÍ rhc dioccsc.

']'his comirrq fill, ive rl,ill havcr lir,e iirll-tiruc scurínarians fì,onr ortr clic¡cese, sonre oF rvlionr are

rnarriecl u,itl.r cI¡ildlcu. -l'his

frrird il; onc \\,a\j I hav¿ to assist rhcm in urcc'.tirrg tlieil unitluc

neec:ls. In adclirion,.spcc:ial ¿:r.s¿s ir¡ clerr-g1. f¿¡,tj¡¡,,s ar-c clficn br:,rugJrt t<> trv a¡lerrrit-¡n, an.:l ir is

,rlu';ry-s good for nrc lo irc: ltblc' to assi.sr them .[inanciall¡,, as r'"'cll :rs sptiriuulrllr'. Along rvith rlic

ßisho¡t',s f)isr:r¡,:.t:irlnirrt, litrn.l crfirclitrgs reccíir:c{ ¿r the cillitr olm}'¡ltu''r-l'll yisir¡rlíou to yç1¡t'

chtrrch, rhis anrrual. .[,enrcl'r apFc¿[ is an inr¡rorcar].f: rcsol.rr:ce ro ¡.r'rlvic{c firr nran¡, difi?r'crrr llcec[s.

PLI¡^sc uscr rhc c,l.:losco{ cnt clopc lor your gifi to rhis ),¿arìs "Bishopis Dcillars" canr¡raien.'l'[ienl<

vt,ri in acir.¿rncc fì:i hcl¡rìlr.l ro a,ssist orlrcr:s in ¡hc n,r¡nc .rf rile L,ordJc.srrs Christ. Nfay ¡,ori h'rvc a

blcssccl Lcnr, :rn<ì nr¿r). r'our qiving incr:casc vr>ut'.iori

Ir:aithfrrfi y in Chrísr,

rÞ-r,4 M4Tlie Rr. l{cu-Ja.{< I-,eo lkcr:

ßisho¡. oi Fort \\'orrlt

lìru:lo¡iu rc'

2900 .Alemedr. Forr \Vor¡ir,'IX7l¡lOti lituu' 817.244.2885.í¿x 8l7.?.44,.1363 vnnv.Âvcpiscopal.org riiocesepÊvcpiscopal.org

" EE r ipp ing the s,zi n r.fitr n h t ii tt1,"

r

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FORWARD MISSIONTînA publication of thc Episco2al Dioc¿se of Fort [4/orth Pentercst 2010

,{nÁppeølfrom the Bishopfor the

Lrcar ÐBEpNsB FuNp

Dezrr F'aithful Parishioners,

It is time for everl loyal parishioner in the Diocese to step forward and make a contribution to

our Legal Defense Fund. Every gift matters - er¡ery donation is important! Our goal is to raise a

minimum of $ L million to cover our legal fees as a resr,tlt of the litigation brought against us by The

Episcopal Cllurch and its local supporters. At stake is everything we have as a Diocese - or¡'nership

of Camp Crucis and the Diocesan Center, our churches and property, our bank accounts and

investments, our clergy and our Bishop. TEC wants it all!

As 1,6¡ knorn', b], a margin of B0o/o our 2008 Diocesan Convention voted to remove all

references to The Episcopal Church from our Constitution and Canons. TEC tvas formed as a

r¡oluntarl association, and it remains so foday. A diocese can withd¡arry from TEC by a Convention

vote, just as it joined TEC by a Convention vote. However, the minority group who disagreed with

this decisiorr claimed that we did not have the legal ríght to do so and decla¡ed that all our church

properfy actually belongs to TEC. Tiiey held a bogus meeting tn 2009 rvhere the1, attempted to

replace ail the legitimate officers of the Diocese and the Corporation of the Diocese, and they later

decialed all our ciergy were deposed from the ordained ministnr It is this bogus gror"rp ofrepresentatives who have sued us, the real Diocese and the real Corporation, demanding that we

turn over all our properfy and assets to theml

While thìs fairy tale may have initially conf-¡sed the Ta¡rant County trial court, the Appeilate

Coi.rrt was not confused and ruled on June 25th fhat these indir.iduals could not sue us in the name

of the Diocese and of the Coryroration, but only as individuals. They have now refüed their suit in

their or,vn names. In the end, we âre confident that the Texas coults rvill enfor-ce our state lalt's

governing corporations and property ownership'

In addition, u,e have been dragged into a second court case (this one in I-Iood Counq') u'here

TÐC supporters ale trying to prevent St. Andrew'.s Episcopal Church in Fort Worth from receiving

funds left to them in a bequest bJ, a parishioner. TEC wants the tnonel¡ sent to them insteadl

I am saddened by the necessiÛ' of having to defend ourseh'es in these lawsuits. We did not

initiate this litigation, and in fact, rve have done evcrl'rhing we could to avoid it' Frorn the

begiuning, we asked the disenchanted minority to join us in developing a reasonable plan to divide

the properry and assets of the Diocese so that we all could continue to carry on God's work without

the distractions created by litigation. In fact, the Corporation deeded their church Properq/ to

Tiiniq' Church in Fort M/orth, St. Luke's in Stepirenvilie, and St. Martin's in l(eller, because these

parìshes wished to remain in TÐC. We rvere in the process of doing the same for others u'hen TEC

cottt. on þage 2

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filed suit against us, demanding all of our properÐ¡, The Presiding Bishop ofTEC has insisted that

TEC must have ALL of the assets and propertl, of our Diocese. Given that position, we have had

no alternative but to erLga:ge legal counsel to protect our interests and to bring this process to an

end at the earfiest possible tirne.

It is the straregy ofTtrC ìn all of its litigation to make it as expensive as possible for those ìtsues, so that they eitber give up or are unable to continue the process of lìtigation.'Ihe onl1'wa)¡we

have been able to defend our congregations in court so far is through the generous suPport ofDickandl\4arsland Moncrief.To date the l4oncriefs and afewothers have contributed about $900,000

to our defense, and the litigation costs continuel I feel the time has now come fo¡ our legal fees to

be shared by all concerned members of this dìocese, not just a few; and for that reason I am asking

for your support.

Please consider making a special gift to this fund, wlúch will qualifl, as a tax-deductible

charitable donation to the Diocese. Though one-time gifts are great, it rvould help if 1,o¡ .outd

piedge a certain âmoultt over a period of several uteeks or months. M/ith l'our help, we are

optimistic al¡out our goal of securing our legal position as a diocese, but it is a rrer)' expensive

process. In the event that our funds are not exhausted before litigation ends, the balance will be

di¡ected tou'ard the mission of the Church.

Thank vou for considering this need. Do uphold this n'hole campaign in yor"rr prayers!

Faithfuüy in Christ,

4-Y,4'd-W^/i

The Rt. Rev. Jaclc Leo lkerBishop of Fort Wordr

Questions and ¿{.nsrlers about the litigøtion

How did this controversy end up in courtl Aren't Christians supposed to bc able to solve their differences

without resorting to lawsuits?

We a¡e in court as defendants, in a suit brought against us by The Episcopal Chu¡ch an<l their lt¡cal

supporters. Yes,'"ve offerecl out-of-court settlements and even deeded church properq' to them, but this was

not acceptable to the other side. Thel' dont want just what's theirs - thel' want r¡'hat's ours as well!

M/hat's at stake if we lose iu the courts?

All church properr\¡ and assets r¡'ouid be piacecl under the control ofTEC. Our clergy and Bishop would be

removed from the churches and replaced b1'TEC loyalists. Oniythosewho sr¡'ore aliegiance to the revisionist

docrines and practices ofTEC could hold an)/ office. Firia1l1i thel'wou1d need to se1l some of the properry

thel'acquired in order to recover their own legal expenses

2 For¡unrd In Mission - Pentecost 2010

A219


Qorcstions ønd -4nszu€r's, cont

Florv much has tlús lawsuit cost us, and hor¡'much nore it is likely to requireì

Since the litigation was filed agrLinst us in Âpril 2009, u'e have spent close to $1 rnillion in attornel' fss5.

Considering that the case rvill likely end up before the Texas Supreme Court, even with our attorneys

reducirrg their hourlv rates as lor¡' as

possible, we can anticipate at least an

additional $1 million to see ittirrougçh to a c<¡nclusion. Withroughl1, 8,000 households in the

diocese, this arnottnt could be raised

through individual contributions of

fi725 per fanrìl1', at a rø.te o{ 525 per

month over fir'e months.

The chart at right b¡eaks do'"r'n the

Number ofPledge Payments

Arnount ofEach Payment

Number ofPartìcipants

PlcdgeAr¡ount

5 fi258,000 $125

) $504,000 fi250

72 $841,000 fi1.,000

L2 $11 1750 $1,334

$1 million goal, shou,ing average pledges needed depending on the tlrtmber of participating households lfeach household contributes as it is able, the goai can be reached in a timel1' wa1'.

Who has paid the bills for all this?

Dick ar-rd Marsiand Moncrief have stepped fo¡r,r'ard and paid nearil' ¿[] of this, but this one famiJy shoulcl not

be expected to bear tbe entire bur'den f<¡r the rest of us! Everl'parishioner siroul<l help bear sorne of this load,

and that is u'hywe have launched this Legal Defense Fund Á.ppeal. It is oul battle, not someone else's!

Be assured that no funds have come fi'om church assessulents or the diocesat budget. The mission work of

the dìocese continues. While we have r¡ade cuts in spending as t]ìese challenging economic times have

clemanded, we hat'e not done so to clivert funds for litigation.

Horv many people support the TEC position, and hou'rnan¡ starrd \t'ith Bishop lker?

It is roughly a20/80 s¡rlit. The convcntion delegateswhovoted to separâ.te f¡omTEC in 2008, the number

of congregations aligning with Bishop lker, and the average Sunday attendance of those remaining with the

diocese siuce the split are a solid 80%o of the total'

Wlry should we give money for ia'wyer fees, when we would rather support the ministry of the Church?

Tlre lauyers u,e have hired are devout Christians who see the battle we âre engagecl in as spiritualw'arfare,

Defending the truth of the historic faith and practice of the Church is part of our ministrl' as a cliocese. Our

legal tearn is atternpting to protect onr chi.rrches from a hostile takeover, and their fees a¡e well belo¡¡'the

normal attorneJ,fees. No larvyer gets rich on court cases involving chrtrch controversies. Without this

representation, rve'woulcl be overr¡¡heinred by the other side. Our attorne,r's believe in lvhat we are standing

up for as Christians, and they deserve faír compensation for their sen,ices.'lhey see theil professioual rvork

as part of their minìstnr

Hor¡' can we learn moreì

Atte¡d yor,rr deanerl,'s Pre-Convention meeting in October, or ask your priest for an update. Also, check the

diocesan M/eb site, gv-w.fwepiscopalorg, for regLrlar updates.

Foru,arrl In tl(issiott - Pentecost 2010 3

A220


Litigation Persp ectiveFRoI4 ouR I,DAD ATToRNEv, J. St-trlnv Sl-rnnpa

Thc Jitigation that The Episcopal Church has fìlcd in Târrant County and Floocl Counlv needs to be put inproper perspective fol vou¡ understanding and to obtain a sense ofpeace in your heart.

Keep these thoughts in mind as you pray:

First, the lìtigation is contrary to 1 Corinthians 6: 7-7. Thus, God is not the autho¡ of 1'he suit

although I-Ie has allor¡'cd ìt to happen.

Second, tire response to the suit by).uur leaders is b¿sed on sound Liw that, íffollorved by the

conrt, sirould result in a defeat for those bringing the litigation.

Tlúrcl, The Episcopal Chlrrch is asking for proper:ry that it did not bnv nor does it have any legal

or ecclesiastical i'igirt to receive.

Fourth, your leaders lvho have been sued have conducted themselves in accordance with law,

pertinent ecclesiastica.l documents, and the Scriprures.

Fifrh, the response ofy'our leaders seela r:o relieffrom the court that is contrar;¡ to anT Scripnrre.

Sìxth, the resporlse of I'our leaders to tirose suing them will be made in a Christ-honoringnranlre! vvhether in or out of coult.

Seventh, pral'for those representing your leade¡s tirat God rvill lead and guide them so that Heis glorified in all that is clone.

Eighth, pray for the leaders ofThe Episcopal Church and the <¡thers wh<: have brought the suit

that they will hear and obelr ra'þ¿1 God would have them do.

Ninth, pral' that your leaders and all r¡'ho support them will be a good testimony to those who do

not know the Lord who are watchir:g the litigation so these lost people will not be dis-

couraged from seekingJesus. This includes speaking no er'il ofthose u'ho have brought the

suit.

Tenth, pral' for each courr before r¡'horn the suit goes, that God will protect each from any

influence other than His, and that justice will be the basis f:or e\¡ery ruling.

Heading our legãl team.

WJ. ShelbySharpe. Born'i940 Fo¡t'\Ã/o¡th,Texas. Education: University olTexas (8.Â. I962,J.D.1965); Director, Fort

lVortlr-Tarraut Count¡, Bar -Association, 1972.-7 4. Chair; State Bar of Texas Comrnittee on Aclministration of.Justice, 1992-

94. Practice areas: [4iedia Larv; Irrsurnnce Defcnse; Constirutional.Litþation; Complex Litigation. Member, Christ Chapei

Bible Church, Fort Worth.

R. David Weaver. Born 1950, \Ã/aco, Texas. Education: Baylor Universi.,(I.D.1982). Practice areas include Alte¡native

Dispute Resolution, General Business arrd Cor¡mercial N{atters, lncome Tax and Properry Tax À4atters, h{enrber, St. Alban's

Episcopa.l Church, Arlington.

Scott A. Brister. Born 1954 Waco, Texas. Eclucation: Duke Universig, (B.A'. 1"97.7), Han,ard Lar¡' School (J.D. 1980). Judge,

234th District Courr, 1989-2000; Texas Cou.ts of Appeals, 2000-2003; Texas State Supreme Cou¡t, 2003-2009. Currerrtly in

prilate practice; board certified in civil trial and civil appellate lar¡,. Metnber, Redeernel Presbr'¡eritn Church (PCA), Austin.

4 Forword In Mission - Penteiost 2010

A221


DIOCESAN CALENTDAR _ PENTTECOST 2O1O

g0I9¿ tasal 'tlLto/l4 /'t(/¡{ 'upawa¡y 6967çto1p1 t.Lo¿ -{o asatozq 1ødotsldg ,rl¿

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NIOISSTW"!0dv^AuoJ

.,1.i ., _.i

'i::i'-

zlt.rgurt

S4ttcnthn'

8/29

8/31

9/5

9/6

9/9

9/11,

9/72

9/18

9/19

9/20

9/21-23

9/25

9/26

9/27

9/29

S'r. VINCEN-| 'S CATHEDRAL, Bedford

10 a.m. Board of Trustees

ST. ANDREW'S, Grand Prai¡ie

Labor Day l{-oli<lq'-.Dioman OJ,fices tloscd

1:30 p.n. Executive Council

St. Anselrn',s School ofTheolog.t, bcgins acadcnric yca¡ St. Pcter U St. Paul,,4iìtzgton

ST. MATTI{IAS,Dallas

Frmily Ftrn Fcst, CanV Cruei.s

ASCENSION & S'l'. X4ARK, \4¡ise County (Bishop lVantland)

9:30 r.m. Clergy Day rvith Archbishops Robe¡:t Duncan and l4ouneer Anis

ÂRDF Board ofTiustccs Meeting, St. rlndrew!, Fort l4l¡or¡h

9:30 a.rn. Dry olDiscoverl,t St. Peter U St. Paul,.l)rlìngton

ST. PETER & ST. PAUL, Arlington

1:30 p.rn. Standing Committcc

7 p.rn. Ordination of Andrew Petta to the prìesthood, ,St. I'ìnrcnt'.s, Bedford

þbru¡rd It ìVIission, r publication of the l)ioccse of lort \,\'brth, is distributcd slr tirncs a lcarThc Rt. Rev.Jack L. Ikeq publìsher; Suzannc Gill, eclitor ([email protected])

Offirts îl naìlThe Episcopal Dioccsc of Fort WoLth,2900 Alcneda Strect, Fort M/orth, Tcxas 76108

Tcl cThonc 817.244.2885 fa x 577.244.3363 umr'.fivepiscopal.org

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F# #ffi Mrs$r#þ{¡f¡þ¡rå.içrsflorr t{ tfu fpà**ps,f rÏidr.rse 4Éf}øw 'S&rl$'

I4títhfizith, hope, and loøe

C fu urcÉe e s fuæLpiwg {æmlxhvæs

tkw wnrgþr þzns å- t i a% e s

On Thursdap the food comes in. On TuesdEæ itgoes out again. Week in, week out, that has been

the routine at Christ the King, Fort \Morth, for a

dozen years or more. The churrch's food bank min-istq, is housed in a portable building on the west

side ofthe parking lot, walking distance from the

bus stops on Camp Bowie Blvd.

The parish-run minisry is powered by the tíme,

talents, and t¡easure

of the ccngregation,

but principally by

Andy and Judy Per-

rier, who have made

it their labor of love.

Eastertide 2009

work. On a recentTuesday three of the first 11

families served were new to the food p^ntry.

Demand for hot meals and grocery assistance is

growing in rnany areas ofthe diocese. Since September, St. Mad<'s, Arlington, has operated a soup

kitchen everyThursday at lunchtime. (For tnore

aùou t this, see frup is c op a L org.)

St, Simons Church in southeast Fort Worth has

been a leader in the cooperatirc SEARCH (South

East Area Churches) ministry for 15 years. The

chu¡*i has been the ministry's No. L donor for 12

ofthose years, contributing cash and grocery items

everyweek, plus famil¡sized food baskets at

Thanksgiving and other gifts at Christmas and

Easter. A member of the parish curæntly serves as

president of the SEARCH board. "The needs

conthrued on page 3

Daøid WcAa; Eloìse Patla, and Sandy Kruse (at rìght -baggìng fotatoes on St. Patticþ\ Day) prcparefoodfor needy

families uho conte each Tuesàay to the snrall tuilding at the

rcar of the chutcù pnpertl. In February Christ the Kingsercred 93 househoÌds, rePresetzting toell oøer 200 men,

utom.en, and thilàrot itt tlte þur-zipcode area of taest FoñWorth that the ?antr), scrzts.

,A.bout 2,000 pounds

offood ale pur-chased each nrnth.Selections are made

from a shopping listprovided by the Tar-rant Area Food

Bags of stElc grocerl itenzs statzd

rcaþ as Eloise Paula chats ,tDith

one of the cùurdt's Tuesday aisi-

Bank. Name-brand tors. Behind her, Donna lúhitson. Ãeeps USD,!-rcguitdrccords.

rtems are purchased

at bargain prices, and the selections are stored on

shelves and in refrigerators till dist¡ibution day. Fr.

Jon Jenkins, rector of Ch¡ist the King, says the

whole program cost only about $2,500 in 2008.

An air of calm pervades the workroom, and the

team takes an inte¡est in each family it serves. Aretired couple may be offe red some coffee cream-

er; a young mother may come away with a trcat

for her childrent school lunch bags.

"I never knew you were herg" says one fìrst-time

visitor whose husband had his hours cut back at

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þ\"ont t/te lli.rlto¡t

ffiwå's WËæ#,tË

suLYwwÉ seby thc Rt. Rea. Jacle L. Iker, Bishop of Fort Worth

Hala you ever stopped to think what a huge sur-

prise that first Easte¡ Day was to the friends of

Jesus? The women going to the tornb early that

morning certainly didnl expect to fìnd it empty!

They had gone to anoint a dead body, not to wit-ness a rcsurrection. Thryhad not exPected to see

the stone rolled avya), and the body ofJesus rniss-

ing frorn his grave.'lhe Gospel writ-ers desc¡ibe them as astonished and

amazed. At first they fai.led to un-

de¡stand what had happened, think-

ing perhaps that someone had come

during the night and stolen the cru-

cified body ofJesus.

And as for his other disciples - Pe-

ter, James, John and the others -where were they? They had not hur-

ried out to the tomb that Easter

morning expecting to see that Jesus

had risen from the dead. No, they

u¡ercstill in hiding, pàralyzeòby

grief and fear, behind the loclced

doors in an upstairs ¡oom ofa friend's house.

When the women came and told them that the

body of Jesus was not in his tomb, thry didnt sa¡

"Oh, yes, we thought this might happen, We ex-

pected Jesus might rise from the dead." No, thryu'ere surprised and bewildered, just like the

women, and they could hardl¡' believe it. So Peter

and John jumped up and ran to the tomb, finding

it just as the women had said. It was only later,

when the risen Jesus came seeking them back in

the upper roorn, thât they understood and be-

lieved.

Easter was Godt great surprise to those first

Christians, and it ¡emains the miraculous act ofGod that is the su¡e foundation of ou¡ faith. B e-

cause Jesus is truly risen from the dead, we know

that we too are raised with him to

eternal Jife, by his grace and power'

Is there room in your faith for God

to surprise you? Is there room fo¡ a

God who raises the dead and heals

the sick and answers prayerl Our

problem is not that we expect too

much of God, but that we expect

too little. But the message of Easter

is that our God does miraculous

things and brings new life in ways

that we do not expect. He is the

God who liberates and delivers us

f¡an sin and death and gives us

hope for the future. All is not lost, even when

things may look rather dismal and bleak. Lo ok to

God through the lens of the Easter faith and ex-

pect him to surprise you in wa1's you may not ex-

pect.

Invite the light ofthe risen Jesus to dispel your

worries,.fears and resentments, that you may know

the jo1' and triumph of ¡esurrection life even now.

4*y,l4M-(J

A224


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rì:ttlçt rwtg rl.Íe'ülrl tAW {4F¿c*ËJrFrû#dfr

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Boldface jfe indicates Bìshop Ikcr! aisita¡ions . [Jnlles otberuise indicatcd, all meetings are bcld at tòe Dioccsat Centa'for Ministty

M,t1'

4/73

4/19

4/20

4/26

5/¿

5/3

5/70

5/76

5/17

5/18

5/21

5/24

5/31

Diocesan Offìces closed

Discretion

9:30 a.m. Commission on Ministq,1:30 p.m. Standing Committee

ST. SIMON'S, FortWorth

Diocesan Convocation for all convention delegates,

STJOHN'S, FortWorth

IGLESIA SAN MIGUEL, FortWorth

ECW Qriet Da¡ St.John's, FortWorth

GOOD SHEPHERD, Granbury

9:30 a.m, Committee on Ministr¡,1:30 p.m, Standing Committee

Ascension Day

GOOD SHEPHERD, Brownwood (Bishop lker), and

ST. ANTHONY, Alvarado (Bishop Wandand)

The Da! of Pentecost

ST. LAURENCE, Grapevine

j;'crl\,,!ï!L!.j),li.t.tir¡¡, ¿ f'r.ri:lii:¡t:iixroftirs.lJì<¡<r:se,;rfFt'¡r\tottll, i.s <!i¡tri!:lrtcil six titrr(:s ? ì'{ìi)í

The Rt. Reu Jack L. Iker, publishe4 Suzanne GüI, editor ([email protected])

Offces tl nailThe Episcopal Diocese of Fort V/orth, 2900 Alemeda Street, Fort Worth, Tsas 76108

Telefhone 877 .244.2885 fax 877 .244.3363 wwwfirepiscopal.org

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F# {,r¿Mf S5f#ru

King of Glory, Wæo, is meeting in thc cbapel ofthe First Baptist Church. Youngfamilies nøke up

thc majority of the cong'egation.

Át King of Gtory, is vicaS thei¡ Web site is www.ctrfi,v.org.acolyta Will Stamey

and Will Wallace -

On Jan. 23, the Bishop and Canona-slste/ c11on Charles Hough joined Fr. Darryl PigeonHoush uith the':-*6,,:*'' "- and Fr. Randall Foster in Waco for a well-Itos?el leSson.

attended Saturd ay aftern o on service ofconfirmation, The congregatior, which has taken

the name King of Glory was organized b)' friends

Jeff Wallace and Jeff Fish, who paid a visit toBishop Iker in Novem-

ber to ask for adrnission

as a mission station ôfthe diocese. (See theirWeb site at kingofglo-r¡org) Visitors at the

January ccnfirmation

service were greeted by a

young lady of elemen-

tary-sibool age who of-

fe red service bulletins

and asked,'Are you

.¡f É¡r$Íer*doÍ fr{ r.f}r E!,'í'! t'r!le,{ Eiøsa e 4l Ji'ør,r'PFbi'tS'

'74re you coTn;ng to out" church?"

Î{ew ctngregationsactive in worship, ministryWith six new cmgregations added to the diocese

in the closing weeks of2009, Bishop Iker has be-

gun making his first episcopal visitation to each.

During Advent the Bishop visited the diocesan

churdr plant of Christ the Redeemer in Fort

Worth, confirming or receiving 13 members.

Some of those joining the mission churdr,

which meets at the Lockheed MartinRecreati on Area, have transferred from

other área churcÀes; others are new to the

Anglican tradition. Christ the Redeemer

began weekly services just six months ago,

in August 2009 , and is averaging one bap-

tism a monthl Fr. Christophr Culpepper

Lent 20L0

fi: ChristopherCut?eq?er (front roar, right) and Bishop làerposed uith church ntembers qsho tttere confrned orreceiøed øt

Cl¡rist the Redeemer in December.

coming to our church?"

The ccngregationof St. Gabriel's in Springdale'

Ark., hosted an ecumenical Evening Prayer service

on Frid ay Feb. 5. The community event was held

to raise funds for the relief of earthquake victims;

its theme was "Haræ a Heart for

Haiti." Fr. John Slavin represented

the Anglican tradition, while

priests from the local Roman

Catholic and ,trtiochian Ortho-

dox chu¡ctres joined him as wor-

ship leaders, bringing together the

three great strains of Christianity. Reporting on

the sen'ice, the local net/vsPaper called them

'tousins" who "came together for a common

cause." (As it happened, all three priests were

named Johnl) The funds raised during the erening

benefited the Anglican Relief and Development

Fund. To see photos, go to Fr. Slavin's blog,

anglicanapologist,blogspot. ccrn.

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affid foa'ginæÍr e$sby the Rt. Reu. Jack L. IÃ.et; Bishop of Fort Wortlt

.Fì'om the lJi.rhop

A seastffi. t f repenta.ffice

-Í-å^.{dM^

The Pharisee stood and prayd thus r.tith hímself "God, I thanh thee that I am not IiA.e

other nten, extot'tioners, utjust, adultaei's, or e'uen liþ.e this tax collector. Ifast t'uice a

,uteek, I giøe tìthes of all that l g:t." But the tax collector, s tandingfar ofi, uould not

eaen lift up his eys to hea'¿pn, but beat his keast, salting, "God lte tnercful to ftre'a

sinner!' ( l.uke 18:1 1-13)

Lent is a penitential season of fasting,prayer and self-denial. Our emphasis for these 40 days is upon

repentance and forgiieness. We are called to recognize and confess our sins, to ask God's forgiveness and

meriry, and to prary for grace to amend our lives according to His will. It means being changed by a daily

pattern of repentance, forgiveness and amendment of life'

In our Lord's parable of the Pharisee and the tax collector (Luke 18:9-14) Jesus contrasts rwo very

differert spiritual anitudes in our relatiorship with God. The first is one of pride, self-righteousness, and

superioriqr The Pharisee reminds God that he is a good and pious man, better than othe¡s. The tax

collector, on the other hand, knovvs he is a sinful man, undesen'ing of God's forgiveness and lot'e. In

sadness and humilit¡ he throws himseJf upon the mercy of the Lod. Jesus concludes with a central

teaching thar runs throughout the entire Bible: "Everyone who exalts himself will be humbled, but he

who humbles himself wil.l be exalted." (verse 14)

Lent is a time to grow in humility' First, it requirs dail¡' ss1¡-txtmination and ccnfession' as we

acknorvledge our faults and failures before God. Second, it requirts contrition, an expressionof our

so¡¡ovfor the things.we have done and left undone. Then we resolve to do better, as we ask for God's

strorgth and help to amend our Jives, and we offer ourselves as channels of His love and forgiveness in

our interactions with others.

Several times a day throughout this Lent, malce a habít of repeating an ancient prayer thât comes to us

f rom the Easte¡n Orthodox tradition called the Jesus Prayer:

Lord Jesus Christ, Son of the liúng God, haac merq) u|oll me a sinner' Lord Jesus

Chrìst, Son of the liøing God, haøe me1'cJt u?on ma ø sinner. LordJesus Christ '-'

2 F^-¡,¡ael r- A/f;,,;",. - f a-t )n1n

A227


DIOCESAN CALENDAR - LENT 2O1O

l'¡l'll'rlrlnrll"l'1"'lll"'ll"t'l'l'tlt¡lll'r"¡ll¡lilrll

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': .,,1 -: r

March

Áprì/

HOLYTRINITY, Eastland, and ST. ANDREW'S, Breckenridge

GOOD SHEPHERD, Wichita Falls

9:30 a.m. Commission on Ministry1:30 p.m. Standing Committee

1L:30 a.m. Finance Committee

L:30 p.m. Executive Council

Sunday ofthe Passion - Palm Sunday

L0:30 a.m, Mass of Collegiality, St. Vincenti Cathedral, Bedford

Good Friday

Diocesan Offices dosed utztil Tuesday, /{Pril 6

Easter Sunday

AIL SAINTS', FortWorth

3/25

ár:,ffi2s

3/30

4/2

3/1"4

3/21.

3/22

4/4

4/1,1,

Foruard In Mission, a publication of the Diocese of Fort Worth, is distributed six times a year

The Rt. Rev. Jack L. Iker, publisher; Suzanne Gill, editor (sgill@ñvepiscopal'org)

Off.ces tl maìlThe Episcopal Diocese of Fort Worth, 2900 ,Aiemeda Street, Fort Worth, Texas 76108

Telephone 81.7 .244.2885 fax 817 .244.3363 www-fuepiscopal.org

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TAB 8


Journal

of the

Twenty- Seventh Annual Convention

of the

Episcopal Diocese of Fort Worth

l.{ovember 13 - 14,2009

8{,

Special Meeting of Convention

February I ,2009

EXHIBITb

tts tl

A229


Minutes

Before the business meeting, the convention offered the Hoiy Bucharist at All Saints'

Chur.ch on which occasion the Presiding Bishop, the Most Rev. Katharine Jefferts-Schori

was principal ceiebrant and preacher.

The Pr.esiding Bishop called the special meeting to order at I:40 P,M. and, after leading

pra)/er, reulinded the convention that when in a diocese thele is neither sitting bishop nol

itaoding committee, as was the situation that day, the canons of the Episcopal Church

r.equir.e the presidingbishop to consultwith mernbers of the diocese to provide episcopal

ministry and to elect qualif,red pet'sons to other required canonical functions.

The Presiding Bisirop appointed the following acting officers:o Secretary of the Convention The Rev. Bruce W. Coggin

n chair, credentials committee The Rev. Courtland M. Moore

" Chair-, Dispatch of Business Comrnittee Walt Cabe

o Parliamentarian Betty Green

o Cirancellor Kathleen Wells. Chai¡, Elections Committee The Rev. Bill Taylor

Walt Cabe, Chair of Dispatch of Business, presented the agenda (in the hands of all

delegates) and moved its adoption, the motion seconded by many, Motion carried

unanirnously.

The Rev. J. Fl'ederick Barber, Rector of Trinity Church, welcomed the convention on

behalf of the parish vestry.

Mr. Cabe introduced and welcomed the following visitors:o Tire Most Rev. Katharine Jefferts-Schori, Presiding Bishop, the Episcopal Cirurch

' The Rt. Rev. Edwin Guiick, Bishop of Kentucky, and l\4rs. Gulick. The Rt. Rev. Larry Benefield, Bishop of Arkansas. The Rt. Rev. Sam Hulsey, Bishop of Northwest Texas, retd., and Mrs. Hulseyo The Rt. Rev. Rayford High, Bishop Suffragan of Texas, and Mrs' High. The Rt. Rev. Paul Lambert, Bishop Suffragan of Dallas

o Dr. Dean E.'Williams, President, Brite Divinity SchoolI Max Patterson, President, Province VII, the Episcopal Church, and Mrs. Patterson

. The Rev. Canon Rick Cluett, Presiding Bishop's Pastoral Assistant for

Reorganizing Dioceses

" The Rev, Bob Allen, Presiding Bishop's Pastoral Liaison for the Steering

Cornrnittee North Texas Episcopaiiansr The Rev. Michael McErn,en, Province VIi Miiitary Network, and Mrs. McEwen

c The Rev. Tim Carson, Pastor, Univelsity Christian Chulcir (Forl Worth). The Rev. David Lowe. Ann Rudig, Director of Communications, the Episcopai Church

Mr. Cabe further thanked the members of the team that has worked with the Presiding

Bishop to respond to the situation in the Diocese of Fort Worth: Bishop Gulick, Bishop

t9

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Clay Matthews, Canon Cluett, the Rev. Robert Alien, David Beers, Mary Kostel. He also

thanked T¡inity Church, its rector, wardens, and vestry, for the parish's hospiiality during

the months leading up to tire convention.

The Presiding Bishop noted that the ruìes of order and other standing rLtles for the

convention were posted on the diocesan website and proposed their adoption without

reading. A motion to adopt, made and seconded fi'oni the floor, carried unanimously.

As its chair, Fr. Moole gave the Cl'edentials Comtnittee's first report. Of twenty-tluee

(23) diocesan clergy qualified to vote, nineteen (i9) were present. Of the fifty-ftve (55)

congregations in the diocese, thirty-one (31) had either a delegation or a delegate present

with a total of sixty-two (62) voting delegates on the floor. Thercfore a quorum was

present.

Present ResultOrder PossibleOUORUM55 conqresations 31 with 62 delesatesLayOUORUMloClerical 23 diocesan ciergy with vote

The Presiding Bishop invited a motion to give voice but not vote to the Rev. John Keene,

the Rev. James Horton, and the Rev. Maureen Lewis. TIle motion made and seconded

fi'om the floor carried unanimously'

The chair recognized Fr. Moole who nominated the Rt. Rev. Edwin Gulick, Bisliop ofKentucky, to be Provisional Bishop of the Diocese of Fort Worth. Numelous seconds

came from the floor. The Presiding Bishop asked for futfher nominations but hearing

none asked for a motion to close nominations. Tlie motion made and seconded from the

flool carried unanimously.

The Presiding Bishop spoke of her gratitude to Bishop Gutick and the Diocese ofKentucky for acceding to her lequest for assistance'

Fr. Taylor explained that the vote on the nomination of Bishop Gulick wouid be a voice

vote by orde¡s. He called for the clergy vote, which was unanimously in f'avor, He

called for the lay vote which was unanimously in favor except for one abstention. The

Presiding Bishop noted that the "all but universal consent" by voice vote far exceeded the

canonical requirernent of two-thirds consent in both orders and declared the election done

and Bishop Gulick elected.

The convention's work then stopped momentarily wirile the Presiding Bishop installed

Bisliop Gulick as Provisional Bishop of tire Episcopal Diocese of Fort Wotth.

Bishop Gulick spoke of his gratitude to Bishop Katharine and to the convention and

standing committee of the Diocese of Kentucky. He thanked especiaily Mrs. Gulick for'

her patience and corunitment to this enterprise'

Bishop Gulick assurned the chair of the convention and made the followingappointments.

20

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After Fr. McClain addressed tire convention, the motion carried unanimously.

Walt Cabe, St. Alban's, Arlington, asked Diane Snow, St. Stephen's, Hurst, to make a

special presentation. She in tum presented to the Plesiding Bishop a card with "a¡epresentative sampling" of signatures and expressions of gratitude, oligiral works of art

by Fort Wor-th altist Shawn Reese, and a poen by Deborah Hudson, who read the wot'k.

Fr. Taylor plesented the first report of the election committee. For Trustees of the

Corporation of the Diocese, tlie following were elected and immediately appointed by

Bishop Gulick:

" Robelt M. Basso The Rev. James Hazel. Cherie Shippo The Rev- Jolm Stanley

" Trace Wonell

The following pei'sons were also eiected to the off,rces indicated:. Standing Committee, lay ot'der

. Anne T. Bass

. Walt Cabe

¡ Standing Cornmittee, clerical order. The Rev, Fred Barber. The Rev. Chris Jamborn The Rev. David Madison

o Deputies to General Convention 2009, lay ordero Margaret Mieuli. Katie Shenod

. Deputies to General Convention 2009, clerical ordel. The Rev. Fred Barber

' The Rev. Chris Jambor. The Rev. Cqurtland Moore

In the election for standing committee, lay order, George Komechak withdrew. ln the

election for Deputy to General Convention 2009, the Rev. Sharla Marks withdrew.

AÍter delegates marked ballots, Bishop Gulick called for courtesy lesolutions.

Fr. Tayior presented and moved the adoption of a number of cour-tesy resolutions

addressed to:. Ft'. Moore. Wait Cabe. Bishop Hulsey. The Presiding Bishop. Bishop Gulick and the Diocese of l(entuckyc Episcopalians across the church who have prayed for our diocese

" Trinily Church, FW

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. All Saints Ciiurch, FW

. St, Christopher Church, FWc Various diocesan groups that supported the effort to reorganize

. The convention planning committee

All courtesy resolutions were moved by Fr. Taylor, seconded from the floor, and passed

unanimously.(The text of all courtesy lesolutions is in tire Appendix.)

Fr-. Sta¡ford rose to thank Mrs. Gulick for "lending" her husband to the Diocese of Fort

Worth. The bisliop asked his wife to stand in tesponse to enthttsiastic applause.

Fr. Pool suggested sending greetings in writing to the former bishops of tire diocese,

which actíoir Bishop Gulick assured rvould be undeftaken.

Fr. Taylor plesented the second report of the elections committee. The following persons

were elected to the office indicated.. Deputy to General Convention, lay order: Kathieen Wellso Tnrstee of the University of the South, lay order: Shelri Glaset'

In the election for Standing Committee, iay order, Prescott and Sheuod wilhdrew. ln the

election for Deputy to General Convention 2009,\ay order, Fagley, Guinn, and Walker

withdrew. In the election for Deputy to General Convention 2009, Coggin, Reeves,

Reynolds, and Slaughter withdrew.

There being only a single candidate left for Standing Committee, lay order, Fr'. Barber'

moved the election of Margaret Mieuli by acclamation. After second from the floor and

clarification by the chancelior and parliamentarian, Bishop Gulick asked for the vote,

Margaret Mieuli was elected unanimously.

After delegates marked bailots, Fr. Moore read a letter to the convention from Bonnie

Anderson, President of the House of Deputies of the General Convention of the Episcopal

Church, in wliich she assured the diocese of her prayers and support and weicomed the

diocesan depr"rtation to General Convention 2009'

Afrer consultation with the chancellor and others, Bishop Gulick directed the elections

committee to study the voting history in the elections for both lay and clerical deputies to

General Convention 2009 and nominate an alternate or altemates in both order-s, after

which he would ask for a voice vote by orders to approve those nominations. To this

direction the convention acceded.

Bishop Gulick announced that the annual diocesan convention will meet November 13

and L4, the location not yet settled.

Bisliop Gutick recessed the convention for five minutes

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Upon resumption of business, Fr. Taylor presented the third repoit of the elections

committee. The following person was elected to the office indicated.o Deputy to General Convention 2009, clerical order: The Rev. David

Madison

ln the election for Deputy to General Convention 2009,\ay order, Killingswoúh, Minor,

and Prescotl withdrew

Fr. Moore pointed out that since only fifty-two (52) lay ballots were cast, Susan Reeves

was in fact elected, tirus completing the election of lay deputies to General Convention

2009. Therefore:. Deputy to General Convention2)}9,lay order: Susan Reeves

Fr. Madison moved that Victolia Prescott be elected alternate lay deputy to Genelal

Convention 2009. Upon second fi'om the floor, Bishop Gulick called for a voice vote by

olders, both of which approved unanimously. Tlierefore:r Alternate Deputy to Generai Convention 2009,Lay order: Victoria Prescott

Fr. Madison rnoved that Fr. Coggin and Deacon Nocher be elected alternate clerical

deputy to Genelal Convention 2009. Upon second from the floor, Bishop Guiíck called

foi a voice vote by ordels, both of which approved unanimously. Thelefore:n Alternate Deputy to Genelal Convention 2009, clerical ordet': The Rev.

Bluce W. Coggin, The Rev. Janet Nocher

All elections completed, Bishop Gulìck adjourned the conventi on sine di.e at 5:30 y.tvt.

Respectfr"rlly submitted,The Rev. Bruce W. Coggin, Seoretary

Convention of the Diocese of Fort Worth

35

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Linder Seeber', St. Martin, KellerSuzaure Russell, AII Saints, Wichita FallsUTOBetty Jo Everett, St. All¡an, ArlingtonMarli Fagley, Parker CountY

Sherly Hunt, Triníty, F\ilMeredith Killingsrvorth, St. Alban, Arlington

Episcopal Church W'ornen

ElectedOfficeBassCabeMieuli

Standing Cotruaittee, laY tnernber

BarberJamborMadison

Standing Cotnmittee, clerical tnelnber

Sher¡odMieuliReevesWells

GC Deputy, lay order

BarberJzunborMadisonMoore

GC Deputy, clerical order

PrescottGC Alternate orderCogginNocher

GD Alternate DeputY, clerical order

GotcherGlaser

Trustee, University of the South

Elections

Election Tallies: Boldface indicates election.

Trustee, Corporation of the Diocese

Baliot J2LayLav Cle¡gyLav ClergyClersv

I8 52l8 626¿r827'r.., 1032 1010Needed to elect

58t'lR. Bass487'1J. Hazcl

03 74R. Hicks2506P Jefferson

04 t0D. Kentll06J, Nanna

10C. Shipp 43

3912J. Stanley01 00K. Welis10T,Worrcll

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The chair recognized Deacon Shalla Marks to speak for the community of deacons within

the diocese. sttr noted that two deacons-the Rev. Susan Slaughter and the Rev.

a"r6^Gitane would soon be priested, leaving four deacons working in the diocese'

o The Rev. Janet Nochern The Rev. Sharla Marks. The Rev. Linda Sutheriand. The Rev. Dana Wilson

Deacon Mar.ks asked the Convention to foliow the deacons' lead in 2010by connecting

with schools public and private whose students come from low income families and

offered assistance in contatting and dealing with school stt'uctttres and setting up working

relationships.

The chair recognized Jane McClain (St. Luke, Stephenville) wlto spoke of the Finance

Comrnittee,, plun, to offer leadelsliip training tools for tr-easllrers and other parish

leaders, especially those without previous expelience'

. A checklist for h.easurers to assure compliance witli both civil and ecclesiastical

bookkeeping and repoÚing requirements

n A leadership tr-aining workshop scheduled for February 20,2010, at All Saints

Church, Fort Wortli ied by Mr. Bob Schor of the Diocese of Texas who

regularly trains lay leadership in that diocese

r A nuts-and-bolts training session for treasurers in the late spring, 20i0

The ohair recognized Fr. Barber to read a letter from the Presiding Bishop (see

Àppendix). Fr.-Bar-ber then moved "that this Convention of the Episcopal Dioces^e of

Fort Worth accede to your wishes and the resolution of the standing committee of the

episcopat Diocese of Iientucky to release you fr'om the obligations you assumed on our

bêhamwhen you were elected irovisional bishop at the special convention on February 7,

2009.- Upon second flom the floor and ttie vote, the motion carried unanimously'

on behalf the standing committee, Fr. Barber then nominated the Rt. Rev. C' Wallis

ohl, retired Bishop of ãhe Diocese of Northwest Texas, as the next provisional bishop of

the Diocese of Fort Worth, to be effective upon his installation at tire end of the

Convention today. Seconds came fi'om the floor. Bishop Gulick called for fuÉher

nominations, and hearing none declaÏed norninatious closed.

Fr. Bar.ber reported that the Standing Committee, in consultation with the Presiding

nirnnp as requir.ed by Episcopal church canon IIL13.1, recommends the election of

Bisirop Ohl as our next provisional bishop.

After cornmenting on Bishop ohl's fitness for the office, Bishop Gulick called for the

vote by orders, ãnd Bishop ohl was elected unanimously. Immediately upon the

eiection, the convention paused while Bishop Gulick led the liturgy to install Bishop Ohl

as Provisional Bishop of the Episcopal Diocese of Fott worth.

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You are all awesome icons of an awesome God "wl')ose power working in us can

do infinitely more than we can either ask or imagine. Glory to Him from generatiou togeneration in the church and in Christ Jesus. Amen.

II.Summary of Actions

Bishop's Nominations, Table I

ElectedOfficeRobert Bass, term ends 20 I 3

The Rev. James Hazel, term ends 2012Cherie Shipp, terrn ends 201 IThe Rev. John Stanley, ten¡ ends 2010Trace Worrell, term ends 2014

Trustee, Corporation of the Diocese

The Rev. Bruce W. CoggrnSecretary of ConvetitionPlatt Allen, Trinity, FWTreasurerKathleen Wells, Trinity, FXChancellorLinda Johnson, St. Anne, FWRegistrarDavid Leedy, All Saints', FWHistoriographerThe Rev. J. Frederick BarberEcumenical OfficerAnne Bass, Tlinity, FWTad Bit'd, ASESThe Rev. James HazelRobert Hicks, St. Christopher, FWFloyd McKneely, St. Stephen, HurstShannon Shipp, Trinity, FWDavid Skelton, St. Mary, HillsboroWhit Smith, All Saints, FW

Trustees, Fund for tlie Endowment of theEpiscopate

Lynne Allen, Trinity, FWTad Bird, ASESThe Rev. Mel Bridge, ASESThe Rev. David Madison, ASESJeanie Pitre, ASESKaren Shepherd, Trinity, FWThe Rev. Bill Stanford, St. Christopher

FV/Catherine Stehlilc, St. Martin, KellerTrace Worrell, All Saints, FWLee Ann Wyss, St.

Commission on Episcopal Schools

The Rev. Frank Reeves,Janice Schattman. CTK, FW

Ecclesiastical Trial Court

The Rev. Melanie Barbarito, All Saints,FW

Victoria Prescott, ECPCJoel Walker, St. Martin, KcllcrThe Rev. Dana rùy'ilson

Comrnission on Ministry

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Fr. Bill Stanford, St. Christopher, FW

Fr. John Stanley, ret'd.Fr. Bill Taylor, Trinity, FWAnn Tuclcer, St. Martin, KellerKathleen Wells, TrinitY, FWFr. David Madison, All Saints School, ChairLaura Adcock, All Saints, FWJoe Christopher, St. Luke, Stephenville

Sandra Liser, Trinity, FWJane McClain, St. Luke, Stephenville

Fr. Bill Taylor, Trin iry, Fw

Resolutions Committee

Dcn. Janet Nocher', TrinitY, FWRelief and DevelLynne Minor, All Saints, FWto Province VIIDonna Clopton, Christ the King, FWMarti Fagley, Parker CountY

Dorothy Hood, St. StePhen, HurstBetty Torlence, St. Stephen, Hurst

Daughters of the King

Frances, Cox, Trinity, FS/Lynne Stanley, Trinity, F W

Jean Wilson. Trinitv, FW

Wolrell's Cabinet

Dolly Bush, Trinity, FWMarian Cole, St. Luke, StePhenville

Laurie Cruse, All Saints, Wichita FallsMarti Fagley, Parker CounfY

Diane Jackson

Carla Kerr, Parker CountYSusan Lowder, St. Stephen, HurstMarion McAlister, Trinity, FWLinder Seeber, St, er

Diocesan Altar Guild

Suzanne Russell, All Saints, Wichita FallsUTOBetty Jo Everett, St. Alban, ArlingtonMarti Fagley, Parker CountY

Sherry Hunt, Tl'inity, FWMeredith Killinssworth, St, Alban, Arlington

EpiscopalChurch Women

Elections

Bishop Ohl was elected unanimously on a vote by orders. Since other candidates were

unoppìsed, the eier,tions of clerical member, Standing Committee; lay member,

Ecclésiastical Court; clergy member; and Trustee, University of the South were all by

acclamation.

ElectedOfficeThe Rt. Rev. C. Wallis OhlProvisional Bishop of Fort WoÉh

F\/Mieuli sr.Standine Committee, Iay memberThe Rev, David ASESStanding Committee, clergy membet'J an ice FWmemberEcclesiasticalThe Rev. Frank ReevesEcclesiastical

FWGlaser sr,ofthe SouthU

Boldface indicates election.

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In the election of lay tttember, Standing Committee

Ballot 1

LayClergy22 50Voting

2611Needed to elect

12 35M. Mieuli1510J. L. Nanna

Motions Made, Seconded, and Canied

Second PurposeNo. Movel'Gotcher Refer bishop's letter to Standing Çp4glttge1 Smith

Suspend ruleStanford Weidler2Give licensed clergy seat and vote3 Floor Floor

Floor Adopt a-qenda4 Caberules ofMadison Floor5

Waive reading of rules6 Madisolr FloorPool Give Bp Ohl seat and voiceBarber

Give youth representatives seat and voiceFloor Flooro

Pool Seat anv delegation despite certain anomalies9 MooreFloor Confi rm bishop's nominees10 Reynolds

Elect candidates acclamationFloor11 TaylorFeb '09 Resolutioin 1Madison Pool12

Crews Ratifu certain actions of Feb '0913 MadisonCox Anent church properly14 Madison

Amend Resolution 4Gotcher' McKneely15Amend Resolution 416 Pool Meeks

Floor Provide for provisionaì bishop17 MadisonI(elly Promote transparent decis ion makin.q18 Madison

Create diocesan strûcture commissionMadison Lefler19Coordinate key ministries20 Madison Pool

Floor Certain parishes changed to missio NS21 BarberAdopt temporary budqetFloor22 McKneelyGive full to church-wide23 McClain PoolAdopt constituti onal changes24 Madison Bass

Smith canonical25 MadisonRelease GulickBarber Floor26Nominate Bp. OhlBarber Floor27

Floor Courtesy resolution Owanah AndersonaoLO TavlorFloor resolution: B Gulick29 Taylot'

l'esolution: Mrs. GulickFloor30 Taylorresolution: Diocese of KenTavlor Floor31

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Standing Committee

Officers elected:o President: The Rev. Fred Barber

o Secretary: Margaret Mieuli

Bishop' s appointtnents confitmed:. Chancellor: Kathleen Wells. Tleasurer: Platt Allen. Secretal'y: The Rev. Bluce Coggitt

. Registrar: Linda Johnson

Requests fol consent:, Consent granted for election of Scott Mayel as Bishop of Northwest Texas

. Colsent witirjreld for election of Kevin Thew Forrester as Bishop of Northem

Micliígan. Consent given for lequest of Diocese of Springfield to elect a coadjutor bishop

Othei'actionsSent letter to former Bishop lker, through his attorney, requesting an orderly

transition of records and properties.

Heard report on cofilmunication stlategy.

Approved Standing Committee retreat.

Apþroved actions taken by Bishop Gulick to protect legal interests and upliold the

Cäãstitution and Canons of the Episcopal Diocese of Fo't Worth.

Requested Standing committee of Diocese of Kentucky to agt'ee to extend Bishop

Guùck's time as plovisional bishop of Fort Worth.

concuned with discipiinary notíces to all fotrneÎ diocesan clergy.

Deputized The Rev. David Madison to recruit a committee to implernent

Reiolution 4 fi'orn February 7,2009 special convention'

Named Resolution 4 Committee: chair Jeny Nanna, The Rev. Bruce coggin,

iurun Hekman, Marti Fagley, Leslie Guinn, Wliit Srnith; liaison, The Rev. David

Madison.concuüed with bishop's letters of inhibition to all diocesan clergy who

abandoned the Episcopal Church

Determined election pfocess for fiiling vacancies on the Standing Colnmittee'

Approved ordination of Deacon Susan Slaughter to the priesthood.

Approved nornination of Bishop wallis ohl as next provisional bishop.

a

a

a

a

a

o

a

a

a

a

a

Loan considet'ed:. St. Christopher's, Fol't Worth: $200,000 tnort¿age witir 15 year nraturity:

approved

Disciplinary actions: See Bisltop Guliclc's Official Acts fot detaiis'

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EXHIBIT G


CAUSE NO. 141-237 r0s-09

THE EPISCOPAL CHURCH, THE RT.REV. C. WALLIS OHL, ROBERT HICKSFLOI'D MCKNEELY, SIIANNON SHIPP,DAVID SKELTON, and WHIT SMITH

Plaintifß

FRANKT,IN SALAZAR, JO ANN PATTON,V/ALTER VIRDEN, III, ROD BARBER, C}IADBATES, TTIE RT. REV. JACK LEO IKER, JTIDYMAYO, JULIA SMEAD, THE REV. CHRISTOPHERCANTRELL, TIIE REV. TMOTHY PERKINS, andTIIE REV. RYAN REED

D efend ants/C ounter-D efend ants

THE ANGLICAN PROVINCE OF THE SOUTI{ERNCONE'S "DIOCESE OF FORT'WORTH"

Defendant/Third-Party Plaintiffl Counter-Defendant

THE ANGLICAN PROVINCE OF THE SOUTIMRNCONE'S "CORPORATION OF THE EPISCOPALDIOCESE OF FORT V/ORTH''

Intervenor/Third-P arty Pl ainti fflD efendanVCounter-D efendant

ST. ANTHONY OF PADUA CHLIRCH (Alvarado),ST. ALBAN'S CHURCH (Arlington), ST.MARK'SCHURCH (Arlington), CHURCH OF ST. PETER andST. PATIL (Arlington), CHIIRCH OF ST. PHILIPTHE APOSTLE (Arlington), ST. VINCENT'SCATHEDRAL @edford), ST. PATRICK'S CHURCH(Bowie), ST. ANDR-EW' S CHURCH (Breckenridge),

GOOD SHEPHERD CHURCH (Brownwood), ST.JOHN'S CHURCH (Brownwood), CHURCH OF ST.JOHN THE DTVINE (Burkbumett), HOLYCOMFORTER CHURCH (Clebume), ST.MATTIIEW'S CHURCH (Comanche), TRINITYCHURCH @ublin), HOLY TRINITY CHTIRCH

@astland), CHRIST THE KING CHTIRCH (FortV/orth), HOLY APOSTLES CHIJRCH (Fort Worth),IGLESIA SAN JUAN APOSTOL (Fort Worth),

VS.

AT.FIDAVIT OF JONATHAN NNI,SOT'{ PAGE 1

IN THE DISTRICT COI]RT OF

TARRAN'T COLINTY, TEXAS

141ST DISTRTCT COURT

A241


IGLESIA SAN MIGLIEL (Fort trVorth), ST.ANÐREW'S CHURCH (Fort Worth), ST. ANNE'SCHURCH (Fort Worth), CHTIRCH OF ST.BARNABAS TIIE APOSTLE (Fort Worth), ST.JOHN'S CHIIRCH (Fort V/orth), ST, MiCIIAEL'SCHURCH (Richland Hills), CHURCH OF ST. SIMONOF CYRENE (Fort Worth), ST. TIMOTHY'SCHURCH (Fort Worth), ST. PAUL'S CHUR.CI-I(Gainesville), GOOD SHEPHERD CHURCH(Granbury), CHURCH OF THE HOLY SPIRIT(Graham), ST. ANDREW'S CHIJRCH (GrandPrairie), ST. JOSEPH'S CHLIRCH (Grand Prairie), ST.LAIIRENCE'S CHURCH (Southlake), ST. MARY'SCHURCH (Hamilton),TRINITY CHURCH(Henrietta), ST. MARY'S CHURCH (Hilisboro), ST,ALBAN'S CHLIRCH (Hubbard), ST. STEPHEN'SCHURCH (Hurst), CHIIRCH OF ST. ïHOMAS THEAPOSTLE (Jacksboro), CHURCH OF OIIRLADYOF TIIE LAKE (Laguna Park), ST. GREGORY'SCHURCH ) (Mansfield), ST. LUKE'S CHIIRCH(I\dineral \ilells), CHLJRCH OF ST. PETER BY TIIELAKE (Graford), ALL SAINT'S CHURCH(Weatherfod), ALL SAINT'S CHURCH (WichitaFalls), CHURCH OF THE GOOD SFIEPHERD(V/ichita Falls), CHURCH OF ST. FRANCIS OFASSISI (Willow Park), ând CHURCH OF THEASCENSION & ST. MARK @ridgeport)

Intervenors/Third-Party Plaintifß/D efend ants/Counter-D efen dants

VS.

MARGARET MMULI, ANNE T. BASS, WALTCABE, THE REV. CHRISTOPFIER JAMBOR, TIIEREV. FREDERTCK BARBER, TT{E REV. DAVIDMADISON, ROBERT M. BASS, CIIERE SHIPP,DR. TRACE \¡I/ORRELL, THE REV. JAMESHAZEL, THE REV. JOHN STANLEY, THE RT.REV. EDWIN F. GULICK, JR. and KATHLEENV/ELLS,

Third-Party Defendants/Counterclaimants

T}IE EPISCOPAL CHURCH,

Third-Party Defendant

AFFTDAVIT oF Joxernen Nrmon Pecr2

A242


AFFIDAVIT OF JONATHAN NELSON IN SUPPORT OF EPISCOPAL PARTIES'MOTIONS FOR SUMMARY JUDGMENT

STATE OF TEXAS

COTINTY OF TARRANT

BEFORE ME THE UNDERSIGNED AUTHORITY, on this day personally appeared

JONATHAN NELSON, who, being by me personally sworn, upon his oath stated:

l. My name is Jonathan Nelson. I am over eighteen years of age, of sound mind, and

fully capable and competent to make this Affidavit. I have personal knowledge of the facts

stated herein, and all facts stated herein are true and correct.

2. I was counsel of record for the Corporation of the Episcopal Diocese of Fort.

Worth (the "Corporation") in its 1994 lawsuit styled Corp. of the Episcopal Diocese of Fort

Worth v. McCauley, Cause No. 153-144833-92 in the 153rd Judicial District Court of Tarrant

County, Texas. As a result of my role as counsel in the case, I have personal knowledge of the

proceedings and outcome of the case.

3. The l9941awsuit resulted in a settlement by which the Corporation recovered the

real and personal property of the Church of the Holy Aposties for that parish, the Corporation,

and the Episcopal Diocese of Fort Worth.

4. Attached hereto as Exhibit 1 is a true and correct certifi.ed copy of Plaintiffs'

Second Amended Original Petition and Application for Temporary Injunction and Permanent

Injunction, filed in Corp. of the Episcopal Diocese of Fort IVorth v. McCauley, as ceftified by the

District Clerk of Tarrant County, Texas.

5. Attached hereto as Exhibit 2 is a true and correct certified copy of Plaintiffs'

Motion for Summary Judgment, filed in Corp. of the Episcopal Diocese of Fort Worth v.

McCauley, including the Affidavit of Bishop Jack Iker and the Affidavit of Reverend Canon

$

$

$

AFFIDAVIT ON JOTT¿,TU¡T'I NELSON PAGE3

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Billie Boyd (dated November i9, i993), as certified by the District Clerk of Tarrant County,

Texas.

6, Attached hereto as Exhibit 3 is a true and correct certified copy of Plaintiffs'

Second Supplemental Evidencç in Support of Their Motion for Summary Judgment, including

the Affidavit of Reverend Canon Billie Boyd (dated Februæy 11,,1994) and the Afñdavit of The

Reverend Canon Charles A. Hough, III, filed in Corp. of the Episcopal Diocese of Fort Worth v-

McCauley, as certified by the District Clerk of Tarrant County, Texas.

7 , Attached hereto as Exhibit 4 is a true and correct certified copy of the Affidavit of

The Rt. Rev. 'William C. Wantland, filed in Corp. of the Episcopal Diocese of Fort W'orth vt.

McCauley,as certified by the District Clerk of Tarrant County, Texas.

8. Attached hereto as Exhibit 5 is a true and correct copy of the certified copy of the

Bnef of Amici Curíae Rt. Rev. Jack Leo lker, Bishop of the Episcopal Diocese of Fort Worth,

and Rt. Rev. Robert Duncan, Bishop of the Episcopal Diocese of Pittsburgh in Support of

Samuel L. Edwards and the Wardens and Vestry of Christ Chrxch, St. John's Parish, Accokeek,

Maryland Supporting a Reversal of the Court's Judgment, filed in Dixonv. Edwards, No.01-

233"1 ln the United States Court of Appeals for the Fourth Circuit, that was certified by the Clerk

of the United States Court of Appeals for the Fourth Circuit and was previously filed in this case

on Septernber 3,2009.

g. Attached hereto as Ëxhibit 6 is a true and correct copy of the certified copy of

Plaintiffs' Original Petition, filed in The Episcopal Diocese of Dallas v. Mattox, No. 84-8573 in

the 95th Judicial District Court of Dallas County, Texas, that was certified by the District Clerk

of Dallas County, Texas and was previously filed in this case on Septemb er 3,2009.

Är¡'ro¿vrr oF JoNATHAN NþLsoN PAGE4

A244


10. Attached hereto as Exhibit 7 ís a true and correct copy of the certified copy of the

Judgment in The Episcopal Diocese of Dallas v. Mattox,No. 84-8573 in the 95th Judicial District

Court of Dallas Count¡ Texas, that was cerlified by the District Clerk of Dallas County, Texas

and was previously filed in this case on September 3,2Q09.

11. Attached hereto as Exhibit 8 is a true and correct copy of the ccrtificd copy of the

Articles of Incorporation of Corporation of the Episcopal Diocese of Fort Worth, as filed with

the Texas Seoretary of State on Februar y 28, 1983, that was certified by the Oft-rce of the

Secretary of State of Texas and was previously filed in this case on Septemb er 3,2009.

1,2. Attached hereto as Exhibit 9 is a true and corect copy of the certified copy of the

Articles of Amendment to the Articles of Incorporation of Corporation of the Episcopal Diocese

of Fort'Worth, as filed with the Texas Secretary of State on Novemb er 4, 1987, that was ccrtified

by the Office of the Secretary of State of Texas and was previously filed in this case on

September 3,2009,

13. Attached hereto as Exhibit 10 is a true and correct copy of the certified copy of

the Articles of Amendment to the Articles of Incorporation of Corporation of the Ðpiscopal

Diocese of Fort Worth, as {iied with the Texas Secretary of State on November 27, 1997, that

was certified by the Office of the Secretary of State of Texas and was previously filed in this

case on September 3,2009.

74. Attâched hereto as Exhibit 11 is a true and correct copy of the certified copy of

the Amended and Restated Articles of Incorporation of Corporation of the Episcopal Diocese of

Fort .Worfh,

as filed with the Texas Secretary of State on September 5,2006, that was certified

by the Office of the Secretary of State of Texas and was previously filed in this case on

September 3,2û09.

AFFIDAvTT op Jox¿rrnx NELSoN Pacn 5

A245


15. Attached hereto as Exhibit 12ts a true and correct copy of the certified copy of

the Amended and Restated Articles of Incorporation of Corporation of the Episcopal Diocese of

Fort Worth, as filed with the Texas Secretary of State on April L4,2009, that was certified by the

Office of the Secretary of State of Texas and was previously filed in this case on September 3,

2009.

L6. Attached hereto as Exhibit 13 is a tue and correct copy of the certified copy of

the Certificate of Correction, as filed with the Texas Secretary of State on April 21.,2009, that

was certified by the Office of the Secretary of State of Texas and was previously filed in this

case on September 3,2009

SUBSCRIBED AND SVTORN TO BEFORE ME this day of October,2010.

lic, of Texas

My commission expires:

AFFrD^avIT on Joxersan NELSoNUS 592539v1

KAHEN A.NcÊar!'PuUkt .

ST¡ITE OFTEXTEMy C¡nlm. 00ßù¡2t12

P¿.c¡ 6

A246


TAB 1


c.âusE No, t"53-144833-92

CORPORATION OF THE EPISCOPALDfocESE or FORT !ìIORTH,CHURCH OF THE HOLY APOSTLES

IN THE DTSTRICT COURT

VS TARR.A,NT COUNTY, TEXI\S

THE REVERBND M.L. MCCAULEY,SOMETIME RECTOR ÀND CHAÏRMANOF T}IE VESTRY OS' CHURCH OFTHE .HOLY APOSTLES; ALBONHEAÐ, SOMETTME SENTOR T{ÀRDENAND SrEVE BLACKMAN, SOMETTME.,]UNTOR IVARDEN OF CHURCH OFTHË HOLY APOSTLES' HORÀCEBOOTH, HOMER COX, BECKYHEAD, ROBERT MTLLER, ROBERTP.A.LMER, JEAN RTCHARDSON,DON SHÏPE, PAUL SNELL,AND JAI,IES CHARBONNEÎ, SOMET]MEMEMBER OF THE VESTRY OF CHURCHOF THE HOLY APOSTLES' AND THESCHISMÀ,TIC AND PURPORTED CHURCHOF THE HOLY.APOSTLES 153RD JUDTCTAIJ DTSTRICT

PI,ATNTII'FS, SECONÐ ÃIIIENDED ORIGINAT, PETIITON :ANDIPPIJTçÂTIqNFOR TEMPORARY INJUNCTION ÃND PERMANENT':TNTIIJ.NCTTON

TO THE TIONORÃBLE JUDGE OF SATD COURT:

Now coMES the coRPORÀTIoN OF THE EPISCOPÃL DIOCESE oF FORT

WORTH and CTIURCH oF THE HoLY APOSTLES, Plaintiffs, complaining of

The Reverend M. L, Mccauley, Sometime Rector and Chairman of the

Vestry. of Church of the Hoty Äpostles; Albon Head, Sometime Senior

Warden and. Steve Blackman, So¡netime Junior Ï,iarden of Chursh of the

HoIy Apostles; Horace Booth, Homer Cox, Becky Head, Robert Mil1er,

Robert Palmer, Jean Richardson, Don Shipe, Pául Snell, and JameÈ

Charbonnet, Sometime Members of the Vestry of Church of the Holy

Apost1es,' and the Schismatic and rurrpphtf$f UlBlü"h of the HoIy

J

ssss6

ss5

ssss5

sssss

ssss

Apostles, Defendants, and ur gtot,rrd"Ur itå ått"Hgfå show the court

r r;.ì .r afI tljl :o.

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the fol-Iowing:

1. pl-aintiff Corporation of the Episcopal- Diocese of ¡'ort

Worth (r'the Diocesan Corporationrr) j-s a not-for-profit corporatÍon

organized and doing business under the Laws of the State of Texas

with its principal office and place of business in Tarrant County,

Texas. It holds lega1 title to propertÍes used for relígious

purposes by parishes, missions and ecclesiastical institutions of

the Episcopal- Diocese of Fort Worth (r'Diocesetf ). In particular, it

holds legal tiÈIe to certain real property used for relj-gious

purposes and beneficíal]y ovned by Church of .the Holy Apostles

lying and situated in Tarrant County, Texas, further described on

Exhibit ilA¡t attached trereto and hereby incorporated by reference

for all purposes (t'the Real Propertytt).' 2. Ptaintiff church of lhe Holy Apostles ("Holy Àpostlesr')

is an unincorporated association organized for relígious purposes

as a parish of the Episcopal Diocese of Fort Vlorth (ttthe Dioceser'),

wíttr its principal office and place of business in Tarrant County,

Texas. Holy Apostles acts through its Rector, InTardens and Vestry.

3. Defendant The Reverend M. L- McCauley, a resídent of

Tarrant County, Texas, IÂIas Rector and Chairman of the Vestry of

Holy Apostles at all tines relevant hereto untíl his inhibition on

Ostober 5, Lggz, âs described hereinbelow. He may be served at

Holy Apostles, 3900 LongTvue Avenue, Fort Worth, Tarrant Countyr

Texas. The Vestry of Holy Apostles have the authority and

responsibility for certain day-to-day conduct of the parísh's

pulur¡frq' rlnsr nmrlDe0 -oB.lqtuRl- pEr¡r¡0ru

renpbnÁnÍ iñiuñcilo¡¡ ¡¡lo pr8¡¡nurxr lN¡ulcrlo¡{ ' Page 2 of 1ó

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business which are granÈed to thern by canon law.

4. Defendant Albon Head, a resident of Tarrant County,

Texasr wâs SenÍor Warden and a member of the Vestry of Holy

Àpostles at all- times relevant hereto until- on or about October 4,

ltgglr âs described hereinbelow. He may be. served at 13,75I Old

Irleatherford Road, Aledo, Parker County, Texas

5. Defendant Steve Blackïnan, a resident of Tarrant County,

Texas¡ wâs Junior Ï{arden and a member of the Vestry of Hol-y

ApÕstles at all times relevant hrereto until on or about October 4,

L992, âs described hereinbelow. He may be served at 2AL2 Adams

Lane South, .A.zl-e, Tarrant County, Texas.

6. The Vestry of Holy Apostles consisted of those named

above and an additional ten members at all times relevant hereto,

until" on or about October 4, 1"992, as described hereinbelow' Nine

of said Vestry members, Defendants herein, are those nor,u listed.

who reside and may be served at the address in Tarrant county

(unless otherwise stated) shown opposite each name:

1. Horace Booth, 106 Circle Dr., Weat'herford, Parker County'

rx 76087

2, Ilomer Cox, 464 MeadowhiJ-I Dr., .Benbrook, TX 76126

. 3. Becky Head, 12 Bounty Rd. w., Fort !üorth, TX 76132

' 4. Robert Mi1ler, 23l-3 Harvest GIen Ct., Ft. ldorth ' TX 76108

5. Robert Palmer, 7 Frank Lane, Granbury, Hood County, TX

7 6049

6. Jean Ríchardson, 728 llinters, For:t l.Iorth, 'IX 76LL4

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7. Don Shipe, 3 Lombardy Terrace, Fort' I'lorÈLr, ÎX 76132

8. Pauf Snell r 2229 Huntington, Fort Worth, TX 761-J-O

9. James Charbonnet, 8034 Meadowbrook Dr-, Fort Worth, TX

7 61-20

7. The Schismatic and Purported Church of the Holy Apostles

ís ân unincorporated association or. not-for-profit corporation

organized for religious purposes as a member of the Antíochean

Orthodox Church. It is composed in pârt of some persons who have

heretofore been parishioners of Episcopal Church of the Holy

Apostles but have become members in the Antj-ochean Orthodox Church

in accord.ance with action of the Sometime Vestry on or about

Octobef 4, :|gg2, as described hereùnbeIow, and subsequent acts

described hereinbelow.

B. The Episcopal Diosese of Fort !üorth is situated in all or'

parts of twenty-four counties in North central Texas, including a1-1

of Tarrant County, Texas. It is a diocese of The Protestant

Episcopal òhurcn in the United States of America ("The Episcopal

Church"), which is a confederation of dioceses situated primaril"y

in the United States, but also in Latin America and'Europe. The

Bishops of The EpÍscopal Church arP members of the Anglican

Communion, which is composed of Bishops of the Church of England

and numêrous other Anglican churches worl-d-wid.e' The .Ang1ican

Communion is itself in communion, reciprocally acknowle<iging

valid.Íty of each others Orders and Sacraments, with certain other

Anglícan churches around the wortd.. The Anglican Communion, the

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Episcopal Church and the Episcopal Dj-ocese of Fort florth are not incommunion with the various orttrodox Churches, including the

Antj.ochean Orthodox Church. Conseguentlyr Do member of the

Antiochean Orthodox Church is in communion with the Episcopal

Bishop of Fort Worth..

g. The EpÍscopal Church, originating in the North Àmerican

colonies as a part of the Church of Engiland, is an historícRefonnation church. It separated from the Roman Catholic Church inthe sixteenth century but preserved cathol"ic faith and order,

including the .Apostolic succession of its Bishops and.-the three-

fold Orders of Bishops, Priests and Deacons. The Diocese is an

hj-erarchial church, meaning.: i-) each parish consists of members of

The Episcopal Church confirmed in or transferred to that parish,

who are ín communion with the Bishop and the parisfr reing in union

with the diocesan convention; 2) each parish exists by virtue of.íts creation by the Bishop and the dj-ocesan conventioni 3) each

parish is sunjeåt to the jurisdiction of the Bishop and the

constÍtution of the diocese; 4) the go¡zernment of the parish is

subject to review and control of the Bishop and" diocesan

institutions in various important particulars, including the use of

real property used for religrious purposes, including those pursuant

to Canon 30; 5) Iegal title to.such real property is reposed in the

Diocesan Corporation rather than in the parisht and 6) priests and

d.eacons serving in the parish either are ordained. pursuant to

approval of rliocesan bodies and the Bishop or, havíng been ordained

PLAI NTI FFS' F I RST .AMENDED ORI.GI iIAL IjE]JI ION AND AP¿LIIAII Q}¡ fq8TEMPORARY INJUNCTI0N AND PERMANENT INJUNCTIQN - Pase 5 of 1ó

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in anotber diocese of The Episcopat Church or other church with

which the Dj-ocese is in communion, may become canonicalty resident

and serve in the Diocese as a priest or deacon only with the

consent of the Bishop. Under the Constitution of the Diocese and

under Canon 1aw, no person tnay be a membef of a parish. whro is not

a member of the npiscopal Church, and no person may serve on the

vestry of a parish who is not a member, cänonically resident, in

that parish. F'urther, no parish which is affiliated with the

Àntioclrean Orthodox Church can be in union with ,the Convention of

the'Diocese.

I0. HoJ-y Apost]es v/as initially organized as a non-self-

supporting mission of the Diocese on June 12, Lg64. Both the

Diocese and .4.11 Saints.' Church, a parish of the Diosese for many

years, gave Holy Àpostles financial assistance both for its

operating budget and for the acquisition of real property on which

to build. a church. Suctr real property was sold.on March 3-5, L986

and the sale proceed.s v/ere used in acguisition of the Real Property

described on Exhibit rtArt on which the parish's improvement are

presently located^. The funds provided by the Ðiocese and .by Â.1-1

Saints, Church viere gifts to Hoty Aposttes, rather than loans, and

rnrere never repaid. Holy Apostles has also received financial

assistance ín the form of a foan from the Crump Fund for

construction of improveinents on the neal- Property, saíd loan being

made at a below-market ínterest rate of 28 per annum. The Crump

Fund by iÈs trust indenture may lencl only to Episcopal parishes,

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and such below-market foan conveyed a substantial benefit for which

Holy Apostles would not qualify otherwise and used Crump moneys

which woul-d have otherwise been avail-able to some other EpiscopaÌ

parish. Holy Apostles was admitted to the diocesan convention as

a parish on October 6, 1-979.

11. Defendant McCauley shared with many other Episcopalians

.a deep dissatisfaction v¡ith the policies of The Episcopal Church

but, unlike the teadership of the Diocese, he determined to leave

The Episcopal Church rather than to work for its reform. He

gradually acquired a Vestry uncanonicalfy and unl-awfully elected by

plurality rather than majority vote, which assisted his enterprise.

In early 3"gg2 | Defend.ant McCauley began a public campaign to lead

parishioners of HoIy Apostles into the Antiochean Orthodox Church.

Efforts by the Bishop and by other members of the Dj-ocese to

dissuade Defendant McCauley and the unlawfully constituted Vestry,

were unsuccessful. At the conclusion of two services on Sunday,

October 4 , ,1-gg2.t the Senior Warden announced to the parishioners

that at 7:00 that morning, the Vestry had unanimously voted to

leave The Episcopal Church and to petition to affiliate vrith the

Antíochean Orthodox Church. At one service on October 4, L992,

Defendant McCautey made such announcement. Defendants McCauley and

eleven of the twelve members of the Vestry thereby abandoned the

communion of The Episcopal Church and ceased to be qualified to

serve as a priest or as a member of the Vestry under the

Constitution and Canons of the Diocese and of The Episcopal Church

PLAINTIFFS' FI AMFNDFD ORIGINAL PETITION AND APPLICATION FOR

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and canon }aw. Defendant McCaul-ey has subsequently, on November

29, Lg92 | been reórdained as a deacon, and the el-even vestry

members and the members of the parish \dere chrismated as members of

the Antiochean orthodox Church on December 13 , 1992.

:-2. On October 5, Lgg2, pursuant to canon ]aw, the Bishop

reported these events to the Standing Committee of the Diocese"

The Standing Committee, having ascertained and considered the

facts, determined by a vote of at feast three-fourths of its

members that Defendant McCauley had abandoned the communion of The

Episcopal- Church and of this Diocese. A copy of such determination

by the Standing Committee is attached hereto as Exhibit rrB'r and is

hereby incorporated by reference. The Bishop thereupon affirrned

such' determination by the Standing Committee and inhibited

Defendant McCauley from officiating in the Diocese. A copy of such

inhibition 'is attached hereto as Exhibit rlCrr and j-s hereby

' ' Upon such inhibition the office of theincorporated by reference.. '

Rector of Holy Apostles became vacant, and the Bishop became Rector

ex officio

13. Having been informed that the unlawfully constituted

Vestry of HoIy Apostles had abandoned communion with The Episcopal

Church, oD October 5, Igg2, the Bishop sorrowfulfy accepted and

acquiesced in their abandonment of communion with him and thereupon

pronounced each lay member of the Vestry excommunicate. The Bishop

thereupon further pronounced that aII vestry offices of Holy

Apostles are vacant, since a1I members of the Vestry had abandoned

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their qualification to hold such office under canon ]aw.

Subsequently it was l-earned that one member of the Vestry, Robert

Rigdon Ìrad not. particÍpated in such actions, and the pronouncement

of excommunication rìras ineffective as to him, Canonical procedure

commencêd to accept Defendant McCauley's abandonment of communÍon

and to depose him as'ipfiest. Pend.ing such proceeding, Defendant¡ 'ît-

McCauJ-ey resignäd'tïi= "..ministry as priest on November 26, lgg2,

which resignation was accepted on December 7, Igg2.

1,4. On October 5 r L992, Lhe Bishop caIled a special rneeting

of the parishioners of Holy Apostles for Sunday, October 11, a992'

to fill- the vacancies on the VesLry and to cal-l an interim Rector.

At such election, Robêrt Rigdon, Ann Heinz, He)-en Magnusson, Dave

Huêbnerr IVan Shadwick, and Charra I,rTright, \ifere elected to the

Vestry and contínue Èo serve as suckr. The Senior Warden is Robert

Riqdon and the Junior Warden is George Komechek. Subseguentlyr at

their yearly meeting on January 1-O I lrgg3, Georg:e Komechek, Ted Roe

and Doris Boyd r/ùere also elected to the Vestry. The Rev. Canon

James P. ÐelaTolfel Jr. has accepted a cal-t as Interim Rector'

Unless the Court grants injunctive relief, it will be necessary for

the parÍ-shionêrs of HoIy Apostles to meet at another location,

which condition will continue for so long as they are deprived of

the possession of the Real Property and the improvements,

furníshings and fixtures thereto. It is cornmonly and normally the

case that, where a local church are uprooted from their accustorned

place of meeting, such disruption causes a loss of membership which

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may never be fully repaired. Consequently, the denial to the loyaI

parishioners of HoIy Apostles of the use of their real and personal

property, will cause damages to Holy Apostles for which there is no

adeguate rernedy at Iaw, so that a temporary injunction should issue

preventing interference by Defendants. with the loya1 parishioners'

possession of the Real- and other Property;

1-5, On October 5, Igg2, demand \,Jas made on Defendants for

uncontested possession of the ReaI Property and. improvements of

Holy Àpostles. Such demand was refused'

l-6. Many of the loyal'parishioners of golY Àpostles have

pointed out their' financial contributions and in addition the

special, unique furnishings and fíxtures given by them as memorials

to Holy Àpostles and. have noted that it was never their intent that

suctl gifts and mem<¡ría1s be converted to the use of the Àntiochean

Orthodox Church

:-:Z, Those persons acting in concord. with the Defendants have

constítuted themselves as the Schisnatic and Purported Church of

the HoIy Apostles. Sush personÊ are not members of the true Church

of the Holy Apostles because they have joined the Antiochean

Orthodox Chursh and thereby have abandoned communion with The'

Episcopal Church, and such Schísmatic and Purported HoIy Àpostles

is not in union with the Diocese; all as required by canòn law.

The Schisrnatic and Purported Church of the Holy Äpostles is a new

creation, having no relation to Hoty epostles and no right to its

property

pLAr ilT r FFs, F I RSr AMENg-Ep .

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