Moyer has instigated and been dogged by multiple lawsuits for nearly a decade.

The Anglo-Catholic priest first challenged Bennison in 2002 over doctrinal issues and the bishop's betrayal over a flying bishop arrangement agreement he and six other traditionalist priests had with the previous diocesan bishop Allan Bartlett.

At that time Moyer was hailed as a hero for his defense of the faith and for his stand against Bennison.

Moyer and Bennison came to ecclesiastical blows when Moyer refused to allow Bennison to make a canonically required episcopal visitation to Good Shepherd, saying the bishop "was too liberal and could not be trusted in the pulpit."

Charges escalated reaching the point when Bennison inhibited Moyer from exercising his priestly functions for six months in 2002, under the canons of the diocese in response to Moyer's very public criticism of Bennison's equally public statements regarding the veracity of the Bible, sexual teachings, and other statements regarded by the conservative parish as heretical.

Moyer refused to recant and insisted that he had not left the Episcopal Church as charged by Bennison. On September 4, 2002, at the end of the six-month period Bennison formally deposed the traditionalist priest.

It marked the beginning of an ecclesiastical war that has raged for nearly a decade.

Bennison deposed Moyer using a canon designed for removing a priest who has left the church from the official list of priests.

At the time Bennison explained, "I deposed him because he had over a decade shown a pattern of a series of canonical failures, one after another. Under his leadership, his parish has become increasingly alienated from [t]his diocese."

Moyer, denied a Church trial, sought redress in the civil courts. He turned to parishioner and attorney John H. Lewis Jr., of the law firm of Morgan, McCracken, Walker and Rhoads where he served as senior counsel in litigation and is a Fellow of the American College of Trial Lawyers. Lewis said he contributed most of his time pro bono.

After many months of motions and Orders by the Court, Bennison was finally forced to produce documents showing what really happened. In his lawsuit, Lewis detailed "the seven frauds of Charles Bennison."

During this period, Bennison's stock began to fall within the diocese. The Standing Committee ripped into the state of the diocese's finances, its use of endowments and unrestricted assets, litigation costs and said the diocese needed a suffragan bishop.

Bennison found himself in serious legal trouble on two other fronts. The ultra-liberal TEC bishop had become the most litigious bishop in modern TEC history. Two churches (All Saints', Wynnewood and Good Shepherd) and one priest were in litigation with him over issues that included property, broken promises, enforced visitations and the failure to license priests.

Then events took a different turn.

On February 16, 2005, Fr. David L. Moyer was consecrated a bishop in the Anglican Church in America, (ACA) a constituent member of the Traditional Anglican Communion (TAC) under its Archbishop John Hepworth, in an elaborate service in the Rosemont church with the Vestry of Good Shepherd unanimously passing a resolution of support for the election and consecration of their priest and his continued leadership of the parish. The vestry recognized that the status of the Parish would not change. Moyer recognized that in becoming a TAC bishop meant that he could no longer request reinstatement as an Episcopal priest in the litigation.

It was an ominous start for the new bishop. A few persons including bishops and overseas archbishops expressed misgivings at the time that Moyer had cut himself off from mainstream Anglicanism by attaching himself to a group with no recognition outside of itself.

The fallout from the consecration of Fr. Moyer was immediate. Bishop Bennison swiftly jumped into the dispute saying he would consult with his Standing Committee to consider whether he would move to seize the property.

Moyer's attorney, Lewis, a parishioner leapt into the fray saying that there was no basis to seize the property, he told VOL at the time. Moyer was illegally and fraudulently deprived of his status as an Episcopal priest of the Diocese of Pennsylvania, he said.

Lawsuits were filed and came before the Court of Common Pleas of Montgomery County. Lewis argued that the Parish had taken no action in violation of the Canons. Thirdly, according to Bennison, Fr. Moyer had been a layperson since September of 2002. No action was taken. It makes no sense to claim that it is worse for a Bishop to preside at Mass than for a 'lay person' to preside at Mass and any attempt to "seize the property" would be in violation of the laws of the Commonwealth of Pennsylvania.

"Furthermore," continued Lewis, "there are other reasons why such action would be improper and illegal-all of which would be asserted (including possible counterclaims) in the event of any attempt to 'seize the property.'"

The consecration of Moyer was a personal turning point for the Anglo-Catholic priest. From this point on, his life would be a thicket of lawsuits.

Lawsuits

In February 2006 Bennison asked the Standing Committee to make a grab for the Church of the Good Shepherd property.

Incensed by the recent consecration of the orthodox rector of Good Shepherd, Rosemont, Bennison also moved to seize Good Shepherd's property, and that of another traditional parish whose rector is licensed in a foreign Anglican Communion diocese - All Saints', Wynnewood, PA under the rectorship of the Rev. Eddy Rix.

But Bennison had legal troubles of his own to resolve. Pending were two lawsuits filed by Moyer, claiming that Bennison improperly deprived him of his status as an ECUSA priest, by alleging that he had abandoned his ECUSA ministry - which he claimed he had not - and to depose him without trial. One suit accused Bennison of fraud, collusion and bad faith, the other of interference with employment and causing emotional distress.

Then things steadily became uglier for Bennison. Diocesan insurers sued Bennison. Moyer's attorney said that there was no basis for pursuing control of Good Shepherd's property. First, the parish itself "has not taken any action that would justify this threat, and secondly...reserves all its rights if this unfounded litigation is commenced," according to Lewis.

Lewis warned that if Bennison persisted in his efforts to claim Good Shepherd's property, he should expect to be faced with counter-claims and third-party claims.

Good Shepherd leaders were not shaken. "We're weathered soldiers here; we're prepared," Bishop Moyer told an Anglo-Catholic magazine. Moyer said the congregation was ready to spend down the parish endowment to do just that--meaning that, if Bennison succeeds, he and the diocese will "inherit an empty building with no money."

By January 2006, things only got worse for Bennison. The entire standing committee of the Episcopal Diocese of Pennsylvania asked the bishop to resign or retire. Bennison said he would "absolutely not" step down.

In October 2008, in a potentially precedent-setting civil case, Moyer went to court alleging that Bennison had defrauded Moyer. Moyer had no alternative except to go to court. The Anglo-Catholic priest said he would not compromise and Bennison had to repent. Furthermore, Moyer had no rights within the Episcopal Church to appeal.

Going to court on First Amendment grounds was dicey to begin with and keeping it in court was equally dicey. The Supreme Court ruled that there had been no civil court action challenging the discipline of a priest. Furthermore, the Supreme Court said it didn't matter even if decision was arbitrary or that Bennison used the wrong canon. The court left open the possibility of action in civil court if the bishop defrauded the priest. Lewis promptly filed a lawsuit alleging fraud against Bennison. Bennison attempted four times to get the lawsuit dropped. Each time Lewis defeated those motions.

At the end, a Montgomery County Court jury found Bennison had not committed fraud in the process that led to the defrocking of Moyer. Moyer lost. This was the first bitter blow to Moyer who had hoped that not only would Bennison be found guilty, but that he would also be awarded a considerable sum of money in damages.

Moyer's lawsuit had asked for unspecified damages for loss of employment and mental suffering. Moyer v. Bennison attracted international attention, especially in the theologically fractured Anglican Communion, to which the 2 million-member Episcopal Church USA belongs.

During the four-day civil trial, Moyer's attorney, John Lewis, presented documents suggesting Bennison concealed from Moyer his plan to remove him without a church trial. However, the 12-member jury heard testimony from a Standing Committee member that Moyer was informed that he might not get a trial. In addition, despite needing to prove that Bennison defrauded him, Moyer volunteered praise of Bennison three times. Judge Joseph Smyth instructed jurors to first determine if Bennison defrauded Moyer.

That question was the "gateway" to all the other questions, Smyth told them. If they decided fraud did not "pervade" the diocese's decision process regarding the abandonment of communion, Smyth said, the case was over. Smyth said from the bench that he was uncomfortable with civil courts' judging the internal workings of a church.

The verdict shocked Moyer and his wife Rita who was present throughout the trial.

Moyer sues Lewis

An even bigger shock came in October 2009 when Moyer and the Vestry of Good Shepherd turned on their lawyer suing Lewis and his law firm (Montgomery, McCracken, Walker & Rhoads) for malpractice.

This was a bitter blow to Lewis who, according to a lawyer's online organization is described as a Philadelphia "super lawyer". The lawsuit caused considerable harm to Lewis whose 40-year unblemished reputation in the legal world had never been challenged. It was doubly damaging to his law firm-which had to pay out huge legal fees before the case was dismissed.

Lewis first learned of the lawsuit in October 2009 when he was at Children's Hospital in Washington where his infant granddaughter was in critical medical condition (she was on the prayer list at Good Shepherd).

Because of their prior friendship, Lewis, requested several times through his lawyers that Moyer withdraw the lawsuit. Among the many charges Moyer made was one that Lewis lost Moyer's pension rights. Lewis pointed out that he and Bishop Robert Duncan were the ones who got Moyer's pension rights restored.

After a year, Moyer finally withdrew the pension claim. Almost immediately afterwards the whole lawsuit was withdrawn. They withdrew with prejudice their malpractice lawsuit against Lewis and his law firm.

However, instead of apologizing to Lewis and his firm, Moyer and the Vestry issued a statement making new attacks on Lewis. The statement failed to mention that Moyer withdrew the lawsuit one day after Lewis's lawyers demanded that Moyer appear and give testimony under oath.

E-mails raged across the Internet, most very critical of Moyer's lawsuit against his former friend and attorney.

A long time friend wrote Moyer saying, "I'm not a litigator, David, but in my career as general counsel of three significant corporations, I've managed many hundreds of millions of dollars (when that was serious money) worth of litigation. I met and worked with John Lewis over decades and we became close friends. He was the best of the best and that has not changed.

"It's easy for me to spot frivolous complaints, and having read all of the essential pleadings in your case, frivolous is spelled in capital letters.

"This case is going to bite you and the longer you continue it the worse it will be for you."

A parishioner wrote, "There is a stalwart and faithful group of parishioners doing their best to stop the lawsuit against John Lewis, to keep the real and personal property in orthodox Anglican hands, and who are so ashamed of clergy and lay alike who are acting in blatantly self-serving and destructive ways."

The lawsuit was withdrawn. Lewis asked for an apology. It never came.

Lewis Sues Moyer

To preserve his 40-year reputation and vecause of damage to his reputation, Lewis reluctantly counter sued his former friend, his attorneys, and certain members of the the vestry for defamation and for bringing a frivolous lawsuit.

VOL's e-mail request for a response from Moyer as to the time of his departure and the ongoing litigation by Lewis was not returned.

*****

A Declaration of the Friends of the Church Good Shepherd, Rosemont

August 28, 2011

We the undersigned believe that in the course of recent events, the leadership of the Church of the Good Shepherd-Rosemont has shifted from, and attempted to move the parish away from, its historic and stated mission of being a pillar of traditional Anglicanism. Given the present situation in the Episcopal Church, we find this understandable, but we also feel that it is lamentable.

The current leadership has stated its objective as being the establishment of an alternate house of worship under the promised Roman Catholic Ordinariate. We are well aware of why they have done this.

We are concerned, however, that insufficient attention is being paid to the needs of the parishioners who, for reasons of conscience, cannot join them. If the process of division is to be successful and amicable, marked by mutual respect, then we believe that now is the time to start thinking about it.

Therefore, we the undersigned, have formed an ad hoc committee to be known as the Friends of Good Shepherd. We hope and pray that we may be able to assist in the orderly and peaceable process of transition from the status quo in order to preserve and maintain the Church of the Good Shepherd as a viable witness to, and embodiment of the Anglo-Catholic expression of the Christian Faith in the Diocese of Pennsylvania. Several recent events have led us to take this step:

Inasmuch as:

1. Father Moyer has stated publicly that he intends to leave Good Shepherd in the near, but indefinite future to join the Roman Catholic Ordinariate Members of the Vestry have been actively engaged in projects directed toward, and specific to a time when they will have left Good Shepherd to join the Roman Catholic Ordinate.

The Vestry has operated in a less than transparent manner in matters regarding operational, financial and legal information, but especially by using the parliamentary category of Executive Session to keep certain information beyond the reach of the congregation.

In Parliamentary procedure, an Executive Session is that portion of a meeting, specially called, during which minutes of the meeting cease to be kept, and the proceedings are secret. The only attendees are members of the committee and invited guests. Deliberations during an Executive Session are to remain secret and all attendees are honor-bound to maintain confidentiality. This tool is chiefly used when dealing with controversial issues which a committee does not wish to make public, or when members have been encouraged to speak openly without concern for their words being repeated outside the meeting.

2. The Rector and Vestry have turned down a formally presented proposal to work together toward a peaceable transition, and we believe that the formation of an independent committee is desirable and necessary in order to preserve and insure the continued witness and mission of the Church of the Good Shepherd as a parish in the Diocese of Pennsylvania, and the world-wide Anglican Communion;

To this end, we the undersigned members of the Church of the Good Shepherd, Rosemont, have formed and constituted ourselves as what is to be known as the Friends of Good Shepherd,whose purpose is to insure and coordinate the means whereby the aforementioned ends may be achieved. In so doing, we believe it is important that we state what this ad hoc committee is, and what it is not:

We Are Not:

Legal or elected representatives of the Church of the Good Shepherd Rosemont Parish

We Are Not:

Presuming to represent the entire congregation of the Church of the Good Shepherd but to speak for ourselves, and we hope for others, who wish to remain as members of the Parish.

We Are:

Members of the Episcopal Church of the Good Shepherd Rosemont, Pennsylvania as well as traditional orthodox Anglicans.

We Are:

Attempting to exercise our legal rights, as delineated by the Commonwealth of Pennsylvania, and to work in concert with all those who strive for a peaceable transition. It is also appropriate that we say something about what this ad hoc committee will attempt to achieve: We Will: As is our right under the Law, review the accounting records to gain a better understanding of our current financial position and share such information with the members of the Good Shepherd congregation.

We Will:

Examine current legal liabilities from standing litigation which could have an impact on the parish in the future, and share such information with the members of the Good Shepherd congregation.

We Will:

Review past and current parish membership files with the intent of identifying individuals and families who wish to remain members of Good Shepherd, as well as those who have left the parish or may be lapsed, and might wish to return to this parish as it moves forward in its continuing role as an orthodox Anglican parish.

We Will:

Develop a "healing" strategy, to be enacted immediately, in order to help ameliorate the hurt, separation, anger, conflict and other spiritual damage experienced by congregants over the last few years.

We Will:

Endeavor to create a dialogue with the Diocese of Pennsylvania with the goal of returning Good Shepherd Rosemont to its historic mission of being a pillar of traditional Anglicanism.

To these ends We Hope and Pray For: A close collaboration with our Rector, the Rt. Rev. David L. Moyer and the current members of the Vestry.

We Hope and Pray For:

The cooperation of the Episcopal Diocese of Pennsylvania in assisting the healing and return of the Church of the Good Shepherd Rosemont to its historic role as a pillar of orthodox Anglicanism in the Diocese of Pennsylvania.

Barbara K. Clement
Charles F. Clement 3rd
George A. Anderson 3rd
The Rev. Vernon Austin
Dr. Arthur Waldron

Summary judgement here: http://www.virtueonline.org/portal/content/2011/GoodShepherdSummaryJudgment.pdf

For commentary on the judges decision see Allan Haley's Curmudgeon Blog analysis here: http://accurmudgeon.blogspot.com/2011/08/judge-orders-removal-of-good-shepherds.html

*****

COMMENTARY ON JUDGE OTT'S DECISION - FROM THE VESTRY

August 30, 2011

On Thursday, August 25, Judge Stanley Ott issued his decree, or decision, on the motion for summary judgment filed by the Episcopal Diocese of Pennsylvania against Good Shepherd.

We are saddened to tell you he did not rule in our favor.

Judge Ott has ordered that the Rector, and both John Heidengren and Tim Tammany, be removed from their positions.

John Heidengren was named because he served as Rector's Warden at the time when the suit was filed, but as you all know, he no longer serves on the Vestry.

No other members of the Vestry or parish are affected by the decision.

Just as importantly, Judge Ott did not give the Diocese use of, or title to, parish property, which they sought in their motion.

The Judge clearly recognized this dispute for what it is - a clash of religious views and ideological differences with our long tradition of orthodox preaching - and his decision was tailored accordingly.

We are all saddened by the toll the filing of this lawsuit has had on our parish.

Our Rector fully respects Judge Ott's decision and completely submits to this Decree.

The remaining members of the Vestry will continue to work for the good of all members of the congregation.

Since many members of the congregation are away Labor Day weekend, the Vestry will schedule and host a parish meeting as soon as possible to hear your concerns and questions.

In Christ,

The Vestry
The Church of the Good Shepherd, Rosemont

*****

ALL PARISH MESSAGE FROM THE VESTRY

August 31, 2011

As a follow up to yesterday's communication to the parish, the Vestry has issued the following statement for parishioners: Today the Vestry conducted an unscheduled emergency meeting to discuss actions related to Judge Stanley Ott's decree issued on August 25th. The Vestry met by teleconference at 11 a.m. EST and a quorum was present to conduct business. Brian Dickerson, outside legal counsel for the Vestry also participated.

First, the Vestry apologizes for any confusion on the timing of the Judge's order in yesterday's communication. The Court issued the order on August 25th, but it was not communicated to the Vestry until August 29th.

Second, the Vestry is fully complying with the order and spirit of Judge Ott's Decree and the following actions were taken:

1. CHURCH OPERATIONS AND STAFFING - The elected Vestry of Good Shepherd is responsible for the general welfare of the parish, to respond to the needs and desires of the parish, and for the management of its assets and resources.

It has been confirmed that the Vestry remains the authorized corporation to conduct church business as empowered by the charter, by-laws and standing rules of the church and Diocese. The Church of the Good Shepherd, Rosemont continues to be part of the Episcopal Church in the United States and the Diocese of Pennsylvania.

The Rector - The Rt. Rev. Dr. David Moyer no longer officiates or serves in any religious leading capacity at the Church of the Good Shepherd, Rosemont.

The Vestry was thankful and grateful for Bishop Moyer's more than 20 years of service to the parish, congregation, and spiritual leadership as our "Good Shepherd." His leadership and convictions to our parish's orthodoxy, apostolic beliefs, and Anglo-Catholic traditions will forever be remembered and cherished. The Vestry will work with the Moyers to ensure a reasonable and fair amount of time is given to vacate the Rectory and Rector's office after so many years of valued service and residence.

2. VESTRY CHANGES

Resignations - The Vestry accepted the resignations of John Ewing as Rector's Warden and Tim Tammany as Recording Secretary and Vestryman. Their years of service was gratefully appreciated.

Appointments - The Vestry named David Rawson to serve as Senior Warden with financial authority to review and approve regular operating expenses of the parish, in consultation with the Vestry.

3. VESTRY VACANCIES - Recognizing that a number of vacancies exist, the Vestry desires to fill vacancies with eligible members from the parish that would like to help lead.

Over the past years, members of the parish have cited risk of legal liability in considering Vestry service - or have resigned from Vestry service. With all litigation now concluded, counsel has confirmed that legal liability should no longer be a concern moving forward. The Vestry must and will continue to work for the good of all members of the congregation.

The Vestry invites eligible parish members interested in helping lead Good Shepherd to attend the next regularly scheduled Vestry meeting on Wednesday September 7, at 7:30 pm in the Church Library.

4. DIOCESESAN COMMUNICATION - The Vestry is contacting the Episcopal Diocese of Pennsylvania to assure full cooperation with Judge Ott's Decree. The Vestry is actively identifying supply priests for future worship and the undertaking of a search for a new Rector.

The Rt. Rev. Rodney Michel, Assisting Bishop of the Diocese of Pennsylvania, is expected to officiate on Sunday, September 4th.

With the approaching end of summer and a new liturgical year, we are all saddened by the toll the filing of this lawsuit has had on our parish and Rector. We pray the diocesan leadership will accommodate and support orthodox parishes like Good Shepherd and embrace our ideological and religious differences inclusively. As Christians, we are called to "bear one another's burdens, and so fulfill the law of Christ." We commit ourselves to this, and humbly ask you to join us in doing the same.

In Christ, The Vestry The Church of the Good Shepherd, Rosemont Wednesday of the Twenty-second week in Ordinary Time

PS: There will be both an 8:00 am and a 10:00 am Mass on Sunday, Sept. 4.