Two Priests with Haverford Twp. Ties Named in New Sex Abuse Lawsuits

Main Line
September 18, 2012

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Nine alleged victims of clergy abuse have filed eight lawsuits against the Archdiocese of Philadelphia, Archbishop Charles J. Chaput, Cardinal Justin Rigali, the Rev. Msgr. William Lynn and seven individual priests and former priests, including two with ties to Delaware County.

Attorney Jeff Anderson and co-counsels Marci Hamilton and Dan Monahan announced the filings at a 1 p.m. press conference in Center City.

"Bringing these cases is important because until there is accountability it is difficult to begin a journey of healing," said Anderson, who is also representing victims of former Penn State assistant football coach Jerry Sandusky. "With the filing of these cases today, these courageous survivors can start to heal."

Priests named as defendants in the lawsuits include Edward Avery, a defrocked priest who ministered at St. Bernadette Church in the Drexel Hill section of Upper Darby from June 1970 to June 1972 and at Immaculate Heart of Mary Church in Chester from 1972 to 1976 and the Rev. John P. Schmeer, a former pastor at Sacred Heart Church in Haverford Township who also had ties to St. Anastasia School in Newtown Square.

A former Haverford resident, Avery pleaded guilty in March to abusing an altar boy in 1999 and is serving a two-and-a-half to five year prison sentence. He was removed from active ministry in 2003 and defrocked by the Vatican in 2006.

The suit against Avery was filed by a former St. Bernadette's student who claims the pastor pulled down his pants and fondled him on multiple occasions. The fondling, which was described as a form of discipline, took place in the confessional and rectory, according to the suit, which also names the school as a defendant.

The plaintiff claims the defendants "ignored abuse reports" about Avery for more than 10 years and failed to reveal that Avery had been identified by the Archdiocese as being "guilty of sexual misconduct with minors" in 1994.

"The statute of limitations is tolled because the Archdiocese fraudulently concealed its knowledge of Defendant Avery, falsely denied all wrongdoing as to Defendant Avery, and failed to further investigate the wrongdoing reported by others prior to Plaintiff," the suit states, adding the conspiracy was revealed earlier this year during the trial of Monsignor Lynn.

A former secretary of the clergy from 1992 to 2004, Lynn was convicted in June of one count of endangering the welfare of a child abused by Avery. The abuse happened five years after the archdiocese identified Avery as an abuser, according to the suit.

Avery, the suit states, "had implicit approval from the other defendants to sexually abuse children within the Archdiocese."

Donna Farrell, a spokeswoman for the Archdiocese, released the following statement Tuesday afternoon.

"We have not received copies of the cases that the plaintiffs have said they intend to file, so we cannot provide more detailed information on those particular lawsuits at this time," it said.

"We believe lawsuits are not the best mechanism to promote healing in the context of the very private and difficult circumstances of sexual abuse. We will work to assure all victims of sexual abuse receive appropriate assistance."

Read more about today's lawsuits filed against archdiocesan priests here.

The other priests named in the suit are Msgr. Francis Feret of St.Timothy's School, Philadelphia; the Rev. John H. Mulholland of Holy Child Parish, Philadelphia; the Rev. Robert L Brennan of St. Marks School and Resurrection of our Lord Parish, Philadelphia; the Rev. Joseph J Gallagher, Ascension of our Lord Church, Philadelphia; and the Rev. Francis X. Trauger of St. Titus Church in Norristown.

"As a survivor of childhood sexual abuse by the clergy, I can tell you that there is no doubt that the conspiracy to cover-up the grave moral actions by the clergy started long before these tragedies ever became public," said Michael W. McDonnell, one of the plaintiffs. "It was protocol. It is today that courage brings me here, it is today that more will be revealed."

The filings brings the total number lawsuits against the Archdiocese by Jeff Anderson & Associates to 16.

"It is not easy for these survivors to come forward," said Hamillton. "But after having been frustrated by the Archdiocese's persistent failures to protect children and its ongoing failure to take responsibility for the horrendous abuse suffered by so many at the hands of its priests and employees, their courage is surely demonstrated today."