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Case 1:07-cv-11623-DPW

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[logo] Monsignor Francisco Ozoria Acosta Bishop of the San Pedro de Macorís Diocese No. 04/09 I, FRANCISCO OZORIA ACOSTA, Bishop of the San Pedro de Macorís Diocese, Dominican Republic, SWEAR AND AFFIRM, UNDER PENALTY OF PERJURY, that this information is accurate and truthful, based on my personal knowledge of the case acquired through personal experience. I am in the full use of my physical and mental faculties, and capable of making these statements: 1. I am a Bishop of the Roman Catholic Church. In 1997 I was ordained as bishop of what was then the new diocese of San Pedro de Macorís in the Dominican Republic. I continue serving as Bishop of San Pedro de Macorís. 2. When the Diocese was created, the Reverend Father Antonio Diufaín Mora, of Spanish nationality, was the Priest of San Antonio de Padua Parish in El Puerto, San José de los Llanos. He served in the Diocese as a missionary, for renewable terms. The day after the creation of the Diocese, Father Antonio informed me that he had a friend, also a priest, who worked in the Archdiocese of New York and was willing to come to San Pedro de Macorís as a missionary. This was Father Christopher Hartley, who served as the administrator of Old St. Patrick’s Cathedral in New York City. He described him as a good priest, a man of deeprooted spirituality. 3. The main problem I faced was precisely a shortage of priests. San José de los Llanos Parish had gone seven years without a priest in residence. Accordingly, without doing much investigation, I accepted the proposal based on the recommendation of Father Antonio, who was his friend, and since they would work together in nearby parishes. 4. Everything started very well in the early years. I made the “Pastoral Visit” to San José de los Llanos Parish, meaning that I visited the entire parish – its neighborhoods, rural areas, and sugar mills – together with the priest (there are sugar mills in the parish which belong to the Vicinis and the C.E.A., a company controlled by the Dominican Government. No one prevented us from entering the sugar mills, and no one interfered with our pastoral labors).

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5. Father Hartley made a series of public denunciations regarding the conditions experienced by the sugar cane workers, which displeased the Vicini company, and we began a series of dialogs. Reports were sent to the company’s top management by members of the company’s staff, which diverged from the truth. We were mediating, and came to see the need to work together for the workers’ well-being, and even for the company’s as well. But that did not last very long. 6. An incident occurred in 2006 which forced me, after consulting with brother bishops, to ask Father Hartley to return the parish to me, suspend his pastoral duties, and leave the Diocese. In a letter delivered on Sunday, September 24, I told him he had fifteen days in which to do so (copy attached hereto). Father Christopher left on October 2, saying his father was gravely ill and he had to be with him. I reported that decision to public opinion in general. Then I informed the Diocese (parishes and institutions) in a circular dated December 21, 2006 (copy attached hereto). I made no mention in that circular of the events which had obliged me to relieve Father Hartley, because it was an internal matter. 7. For this and other serious violations, and after consulting with brother bishops, I decided to dispense with Father Christopher Hartley. In addition, he had completed his term and was awaiting a decision by him or by his bishop, the Archbishop of New York. Father Hartley’s departure from the Dominican Republic had nothing to do with the health of his father, who had been ill for some time. Neither was it the result of any pressure whatsoever from the Government of the Dominican Republic, Cardinal López Rodríguez, or the Vicini family for me to make the decision to relieve Father Hartley of his pastoral duties and ask him to leave the San Pedro de Macorís Diocese. [signature] + Mons. Francisco Ozoria Acosta Bishop of San Pedro de Macorís Diocese Dominican Republic [seal] MONS. FRANCISCO OZORIA ACOSTA Bishop of San Pedro de Macorís Diocese

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Document Reference: pattonboggs1_SP.31102008

Bishopric of San Pedro de Macorís OFFICES: Avenida General Duverge #151 – PO BOX 175 – San Pedro de Macorís, Dom. Rep. Telephone: 246-3800 and 246-3704 FAX: 246-3506 NOTE FROM THE BISHOPRIC OF SAN PEDRO DE MACORÍS By means of these letters, WE PRESENT NOTICE that Reverend Father Christopher Hartley, who has worked in this Diocese of San Pedro de Macorís, has ended his mission. Father Hartley is a member of the clergy of the Archdiocese of New York, who was sent by his Archbishop the late Cardinal O’Conner, and upon now ending his mission in the Dominican Republic, has be placed in the service of the new Archbishop, Cardinal Edward Egan. We are sincerely grateful for the mission support of Father Christopher, who with an attitude of self-sacrifice and submission has worked tirelessly as the parish priest of the parish of San José de Los Llanos and as the director of various projects and programs in the diocese. For example, The Sacred Heart of Jesus Catholic Hospital, the Chapel, and the prison training center, the House of Galilee, the chapels in the communities within the parish, and the Houses of Gautier. The succession of bishops and priests is a normal affair in the Catholic Church, and the continuity of the mission is also normal. The Church continues the work of Jesus, its founder, and our work, always in the name of Christ and the Church. Therefore, since Father Christopher has ended his mission, other missionaries will be sent to us. We give much thanks to God who has sent us the Vincentian Fathers (from the Congregation of the Mission), whose special calling is to serve the poor and infirm. They will collaborate with us in the manner of the founder of their order, San Vincent De Paul, in the parishes of Los Llanos and El Puerto. In the headquarters of the Bishopric of San Pedro de Macorís, on the second (2nd) day of the month of October of two thousand and six (2006 + Mons. Francisco Ozoria Acosta Bishop of the Diocese of San Pedro de Macorís

VICINI-000355

IAL Services, Inc.

191 University Blvd., Suite 801

Denver, CO 80206

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Document Reference: pattonboggs1_SP.31102008

San Pedro de Macorís, Dominican Republic September 21, 2006 Reverend Father Christopher Hartley Parish of San José, Los Llanos San Pedro de Macorís Dear Fr. Christopher I have thought a lot and prayed a lot before writing this letter. I have looked back and I can see a lot of things: Many successes in a variety of projects, a lot of people helped forward and evangelized, a lot of people who were helped, many baptisms, many Eucharists, several chapels, and a lot of people who have supported you and like you. I believe I have supported you in your pastoral work, which I always viewed as a collaboration with my ministry as bishop. It is true that I have never agreed with your means, but “I put up with them like a man.” Do you remember when we climbed the steps of the National Palace? I must thank God for everything that this Diocese has accomplished through you. Therefore, to be fair, I must thank you for your efforts, your sacrifices, the resources that you came up with and that you generously put to use in various works and projects (e.g., The Sacred Heart of Jesus Catholic Hospital, the Chapel, and the prison training center, the House of Galilee, the community chapels, the Houses of Gautier). I was always convinced that I could not be your bishop, and for this reason in time I communicated my decision to not incardinate you in the Diocese of San Pedro de Macorís. I was hoping that either you or your bishop would make the relevant decision. When I communicated my decision, the process came to an end. This means that it is not necessary to complete the three years.

VICINI-000361

IAL Services, Inc.

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Document Reference: pattonboggs1_SP.31102008

At any rate, as you already well know, deplorable things have taken place. Things that are impossible to believe, actions that are inadmissible for a priest. Truly, I am stunned and shocked, because I always believed in the depth of your spiritual life (daily masses, frequent confession, spiritual guidance). • • • • Because what has happened affects “the good of the souls” entrusted to my pastoral care (cf. C 1748) Because your “ministry is harmful” (cf. C 1740) for the parish and for this Diocese of San Pedro de Macorís Also, taking into consideration the fact that your way of acting is producing and will produce “serious detriment or disturbance to the ecclesiastical community” (cf. C 1741.1). I furthermore believe that my trust in you can never be regained, to the level one should expect to exist between a bishop and his assistants, the priests.

On all these accounts, I find myself obligated, as a father, to request that you, based on your love of God and of the Church, and for your own good, renounce your position as parish priest and your other pastoral duties. Return to your diocese or wherever you wish to go. You can count on my humble prayers and my gratitude. I bless you.

+ Mons. Francisco Ozoria Acosta Bishop of the Diocese of San Pedro de Macorís

VICINI-000362

IAL Services, Inc.

191 University Blvd., Suite 801

Denver, CO 80206

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_____________________________________________________________________ Translation Equivalency Certificate
Date: Translation Supplier: Address: Phone: Fax: Email: Document Reference: Source Language: Target Language: October 31, 2008 IAL Services, Inc. 191 University Blvd., Suite 801 Denver, CO 80206 (877) 638-6818 (866) 739-9253 vciccolini@ialservices.com
pattonboggs1_SP.31102008

Spanish English

This certificate is hereby offered as proof that the translated document listed above is an accurate translation of the source document; that is, the meaning and intent have not changed, and no content is added or missing. Furthermore, IAL Services, Inc. makes no warranty regarding the authenticity; either expressed or implied, and assumes no legal liability or responsibility for the authenticity of the source document. This certificate and all supporting documentation are only valid if they contain the IAL Services, Inc. corporate seal (embossed) on the bottom left. Also, I hereby certify as the IAL Services, Inc. representative that this document was prepared by a professional translator of Spanish. Supplier Representative (printed name): Supplier Representative (signature): Vince Ciccolini /s/ Vince Ciccolini__________________

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