|I, Jack Dirmann, declare and state as follows:
1. I make this declaration in support of the Defendant's Notice of Opposition To Application For Right To Attach Order and Order For Writ Of Attachment filed concurrently herewith in the above-captioned action. The facts set forth herein are true of my own personal knowledge, and if called upon to testify thereto, I could and would competently do so under oath.
2. I have read the Declaration of Reed E. Slatkin in Support of the Trustee's Ex Parte Application for A Right to Attach Order and Order For Issuance Of Writ Of Attachment (the "Slatkin Declaration"), which was filed in the adversary proceeding entitled R. Todd Neilson trustee v. Anthony and Margaret Hitchman, adversary proceeding number AD-02-01111-RR, on August 28, 2002, and attached to the Declaration of Timonth B. Jafek In Support Of The Motion Of The Trustee For A Right To Attach Order and Order For Issuance Of Writ Of Attachment (the "Jafek Declaration"), filed on October 2, 2002.
3. In the Slatkin Declaration, Reed E. Slatkin ("Debtor" or "Slatkin" states that on March 31, 2001, Slatkin was locked in a room in Mr. Hitchman's home while Mr. Hitchman and I physically restrained Slatkin from leaving until he signed a document and threatened him that he could not leave until said document was executed. Additionally, Slatkin states that Mr. Hitcham told me that Slatkin had engaged in fraud and that both Mr. Hitchman and I demanded money from Slatkin. See Jafek Declaration, Ex. 1, Slatkin Declaration, p. 70 30. None of these statements are true.
4. I did not meet with Mr. Hitchman on March 31, 2001, nor was I at Mr. Hitchman's home on that date.
5. I did meet with Slatkin and Mr. Hitchman at Mr. Hitchman's home on on March 27, 2001. During our March 27, 2001 meeting at Mr. Hitchman's home, neither Slatkin, Mr. Hitchman nor I discussed Earthlink stock or anyone's interest therein. The purpose of this meeting was for me to confront Slatkin with hte fact that Slatkin had been lying to investors regarding their requests to withdraw their funds from the investment group.
6. I told Slatkin that the reasons and justification as to why Slatkin was unable to fulfill the demands from his investors for reurn of their funds that Slatkin had told them in January [page ends] 2001 were untrue. I demanded that Slatkin tell me the actual reason for Slatkin's failure to return the funds.
7. In response, Slatkin told me that all of the investors' funds and securities were perfectly safe, but that he could not gain access to such funds and securities because they were tied up in Switzerland in his trust company, NAA, due to government restrictions regarding transfers of these funds. He further told me that the Swiss government's concerns over money laundering was causing undue delays in the release of funds despite his best efforts and that he would provide me with documents evidencing the same (which he never did).
8. I have never physically or otherwise restrained Slatkin in any way.
9. I have never locked Slatkin in a room or threatened to do so.
10. I have never physically or otherwise forced or coerced Slatkin to sign any document.
11. I have never discussed Mr. Hitchman's interests in Earthlink with Slatkin.
12. Mr. Hitchman has never told me that Slatkin was engaged in fraud nor have I ever heard Mr. Hitchman make such a statement to a third person.
13. I am a parishioner in the Church of Scientology, but hold no special rank or office with the Church nor am I a representative of the Church.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed on this 16th day of October, 2002, at Clearwater, Florida
[signed] Jack Dirmann