Last October, Calvary Episcopal Church and the Diocese of Pittsburgh, led by Bishop Robert Duncan, moderator of the Anglican Communion Network, reached a settlement in a lawsuit in which the parish charged, in essence, that the diocese was unlawfully attempting to appropiate the property of the Episcopal Church.
The settlement upheld “current church law that parish and diocesan property belong to the denomination,” wrote Steve Levin of the Pittsburgh Post-Gazette.
Calvary believes that recent activities by the diocese, including its decision to withdraw from Province III of the Episcopal Church, its withholding of money from the Episcopal Church, and its request for Alternative Primatial Oversight, violate the settlement agreement, and so, on Tuesday, the parish filed a petition “asking the Court of Common Pleas [to] enforce what we believe to be the correct reading of the Stipulation and Order entered October 14, 2005.”
Calvary has requested an expedited discovery process to allow it to receive “equitable relief in advance of an international meeting of the Primates of the Anglican Communion scheduled for February 14-17, 2007 in Tanzania. On information and belief … [that] Bishop Duncan and Primates of foreign countries are planning to use the occasion of the meeting… to promote Bishop Duncan’s organiation and to implement actions directed at impairing the ability of Plaintiffs, TEC and TEC’s constituents to maintain or recover their lawful interests in the Property.”
Calvary is particularly interested in the November meeting in Falls Church, Va., attended by Duncan, various conservative Episcopal bishops and several African Primates. Citing Bishop John-David Schofield’s presentation to his deaneries in the Diocese of San Joaquin, they argue that Duncan and others agreed at that meeting to “submit to the authority of certain foreign Primates.”
This ENS story quotes the Rev. Rick Matters, who has opposed San Joaquin’s moves toward session, as saying that Schofield told the deaneries that he signed a “pledge of allegiance” to six Anglican Communion bishops, including Nigerian Primate Peter Akinola and Archbishop Gregory Venables of the Southern Cone.
If the use of the phrase “pledge of allegiance” can be authenticated, it could be important.
Calvary’s press release is beneath the “continue reading” button. The petition is online at a link at the bottom of the release, but includes exhibits, so the file is 315 pages. I will link to the 16-page petition when it becomes available.
CALVARY FILES PETITION IN COURT OF COMMON PLEAS
In October 2003, following a Special Convention of the Diocese of Pittsburgh, Calvary Church, together with its rector and senior warden, brought suit against Bishops Robert Duncan and Henry Scriven, and other officials of the Diocese. St. Stephen’s Church, Wilkinsburg, and Mr. Herman S. Harvey, a parishioner of St. Stephen’s Church, Sewickley, later joined Calvary in the action as plaintiffs. One of the reasons for the action was the passage of Resolution Six, “Title to Property,” at the 2003 Special Convention. Resolution Six denied the rights of the National Church to property held or administered by the Diocese or by parishes within the Diocese. Because Calvary is firmly committed to the National Church, it contested the passage of Resolution Six and other actions which it believed were contrary to the interests of the National Church. Ultimately, Calvary obtained a settlement and Court Order, entered October 14, 2005, which provided for protections of those property interests and
also established the nullity of Resolution Six, which had been withdrawn.
In light of occurrences since the date of that October 14, 2005 Court Order, particularly the purported withdrawal of the Diocese from the Third Province of the Episcopal Church and the request that the Diocese not be under the
authority of newly elected Presiding Bishop Katharine Jefferts Schori (both of which were approved by the Standing Committee in June, subject to ratification by the Diocesan Convention, which ratification occurred in November) as well as events since then, Calvary believes that — despite assertions to the
contrary — persons and property within the Diocese are effectively being removed or have been removed from the Episcopal Church. As we understand it, no funds have been sent by the Diocese to the National Church for some time. Now, withdrawal from the currently established Province structure of the Episcopal Church effectively eliminates participation in the participatory government process of electing representatives to the Executive Council, and, also importantly, removes the process (which resides at the Province level) for review of discipline imposed by a bishop on a priest or deacon. In light of these developments, a Petition has been filed by Calvary to have the Court of Common Pleas enforce what we believe to be the correct reading of the Stipulation and Order entered October 14, 2005. The text of the Petition will ultimately be available on the Prothonotary of Allegheny County’s website, by clicking here.