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From: FOR IMMEDIATE RELEASE Contacts: Lionel E. Deimel, President Joan R. Gundersen, Vice President Web: http://progressiveepiscopalians.org Settlement of Lawsuit Against Pittsburgh Bishop Affirms Episcopal Church Polity Pittsburgh, Pennsylvania — October 15, 2005 — Progressive Episcopalians of Pittsburgh (PEP) is gratified and encouraged by the settlement filed yesterday with the Court of Common Pleas of Allegheny County ending the so-called Calvary lawsuit. The agreement, which was negotiated by opposing parties and ratified by Judge Joseph M. James, ends a two-year-old lawsuit against conservative leaders of the Episcopal Diocese of Pittsburgh, including its bishop, the Rt. Rev. Robert William Duncan, brought by Calvary Episcopal Church, one of the largest churches of the diocese. St. Stephen’s Church, Wilkinsburg, and Mr. Bud Harvey, parishioner of a third parish, also joined as plaintiffs. The settlement vindicates Calvary’s decision to seek legal protection for Episcopal Church property. The Rev. Dr. Harold T. Lewis, rector of Calvary Church, explained the lawsuit and the settlement in the church’s newsletter, Agape, which is reproduced at http://www.calvarypgh.org/litigation.html. The actual settlement agreement is available at http://www.calvarypgh.org/Signed_Stipulation.pdf. The settlement strongly affirms the property interests of the Episcopal Church of the United States of America in parish and diocesan property (both real and personal) and places rigorous restrictions on negotiations with any congregation in the Episcopal Diocese of Pittsburgh that might want to leave the Episcopal Church, requiring that such negotiations be open and subject to objection by all interested parties. Wording of the agreement appears to preclude attempts to remove the diocese proper, along with its property, from the Episcopal Church. PEP, which played no formal role in the proceedings but favored the position of the plaintiffs, is grateful to Calvary Church, St. Stephen’s Church, and Mr. Harvey for their foresight and determination in seeing the lawsuit through to its conclusion. The agreement also deals with an important point not raised in the original lawsuit. The diocese has agreed that parishes may decline membership in the Network of Anglican Communion Dioceses and Parishes. The Network, headed by Bishop Duncan, is a small collection of dioceses and parishes scattered throughout the Episcopal Church that have isolated themselves from the more moderate elements of the church. Ten parishes in the Diocese of Pittsburgh have indicated their unwillingness to participate in the Network, and PEP hopes that this stipulation will encourage others to make similar declarations. The strength of the plaintiffs’ case is implicitly acknowledged in the agreed-upon distribution of funds placed in escrow by Calvary Church. When the suit was filed, all parties agreed that Calvary would pay its diocesan assessment into an escrow account pending the outcome of the litigation. Of the approximately $200,000 in the account, all but $50,000 is to be returned to Calvary Church. The agreement additionally preserves the right of the plaintiffs to sue diocesan leaders to recover attorneys’ costs. “Plaintiffs seem to have accomplished all their objectives,” observed Lionel E. Deimel, president of PEP. “This settlement cannot but discourage dissident bishops who think they can alienate Episcopal Church property without consequences.” Deimel suggested that Bishop Duncan had managed to extricate himself from hopeless litigation and, as of November 1, 2005, will have returned assessment funds from Calvary Church to the diocesan revenue stream. “I do not expect the plaintiffs to sue for attorneys’ fees,” Deimel said. PEP vice president, Joan R. Gundersen, commented, “I am especially pleased that the settlement removes the threat, raised by Bishop Duncan nearly a year ago, that Calvary and St. Stephen’s might face a vote of expulsion at the upcoming November diocesan convention. The threat of expulsion was a disproportionate response to actions that, as this settlement shows, were indeed justified. Had the threat been pursued, it would have damaged the diocese immensely.” PEP is further gratified to see the lawsuit settled amicably and hopes that this manner of resolution will further help the diocese and its parishes better serve all Episcopalians in the region with renewed charity, unity, and integrity. On the Web: Web: http://progressiveepiscopalians.org Additional Web references: Other court documents: http://prothonotary.county.allegheny.pa.us/CaseDetails.asp?AnotherCaseID=TRUE&CaseID=GD-03-020941 Progressive Episcopalians of Pittsburgh is an organization of clergy and laypeople committed to the unity and diversity of the Episcopal Church, and of the Episcopal Diocese of Pittsburgh. # # #
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