In October 2015, a funeral home in Middletown, Pennsylvania applied for a permit with the Department Environmental Protection (DEP) in order to establish a crematory in its garage. $c@C]N!CT>TPN ! %PDF-1.4 /Tx BMC n Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. | 0 Begin typing to search, use arrow keys to navigate, use enter to select. Norton v. StoneMor Partners , L.P., No. (c) Transportation. /Tx BMC endstream endobj 97 0 obj <>/Metadata 11 0 R/Pages 94 0 R/Perms/Filter<>/PubSec<>>>/Reference[<>/Type/SigRef>>]/SubFilter/adbe.pkcs7.detached/Type/Sig>>>>/StructTreeRoot 18 0 R/Type/Catalog>> endobj 98 0 obj <>/MediaBox[0 0 612 792]/Parent 94 0 R/Resources<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/W/Type/Page>> endobj 99 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Q More comparison features will be added as we have more versions to compare.

0wB`Z4?daac`J1}3/ q Even if we agreed with them on both issues, no relief would be available under the regulation against any party to this action. The record shows that the orphans' court, in deciding Appellants' request for a court order directing disinterment of Decedent's remains from Castleview, in fact applied the definition of the term advocated by Appellants. 519.796 290.062 Td EMC NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P 65.37. /Tx BMC (p.5). Michael J. McCarthy, Benjamin McCarthy, Christine R. Head, Linda Marie Busatto, Clara Louise McCarthy, and William Jerome McCarthy (Appellants, collectively) appeal from the June 10, 2016 order that denied their petition to disinter the remains of William J. /Tx BMC n endstream endobj 107 0 obj <>/Subtype/Form/Type/XObject>>stream endstream endobj 117 0 obj <>stream EMC Ciaffoni , 787 A.2d at 973. /Tx BMC The orphans' court offered the following analysis of the issue. endstream endobj 110 0 obj <>/Subtype/Form/Type/XObject>>stream /Tx BMC 5 0 obj However, DEPs crematorium regulations establish requirements that a crematory must comply with, such as limiting the amount of pollutants it can emit (p.2) and prohibiting a crematory from emitting odors in such a manner that the malodors are detectable outside the property of the permittee as specified in 25 Pa. Code 123.31 (relating to odor emissions). (p.6) Additionally, a crematory must maintain records of visible emission observations and any corrective actions as well as the number of cremations performed. endstream endobj 111 0 obj <>/Subtype/Form/Type/XObject>>stream EMC H2P(2103516R0463576W043Q04R(J*2T0 B_}8PB:PO9W @  /Tx BMC 2250. H Sbg}v!.Y[A:}&{Y?j8S2'dU' d,NO,S9L_zF0.V,U[\9c7.#- >U1~B9'9MMmuVD}Cg $I|z8_aw(adAm~c{;wW8nlVsiS{,\Kj/W@1oCc The application is then reviewed within 30 days of receipt to make sure it is complete. 0 g The issue for this Court to consider is whether the orphans' court abused its discretion in denying Appellants the relief they sought in the form of disinterment from Castleview and reinterment at Crestview. 1 0 0 1 0 0 cm q

On August 20, 2015, Appellants filed a petition for special relief asking the orphans' court to order that the Decedent's remains be disinterred again and reinterred back at Crestview. 0 g endstream endobj 113 0 obj <>/Subtype/Form/Type/XObject>>stream EMC +RR@Fd #EaVTiUE@"e? endstream endobj 104 0 obj <>/Subtype/Form/Type/XObject>>stream See Appellant's Brief at 33 ("Section 1.25(a) requires consent of next of kin, which means 'all' next of kin must consent, and that where there is consent of less [sic] than all next of kin, then the party or parties seeking disinterment must apply for a court order seeking disinterment.").

Counsel later informed them that the remains had been reinterred at Castleview, but declined to disclose the location of his plot within the cemetery.

Cite this article: - Pennsylvania Statutes Title 9 P.S. Attendance at disinterment on Westlaw, How to Proactively Encourage Attorney Well-Being (Before It's a Problem), Supreme Court Allows Biden Administration to End 'Remain in Mexico' Program. EMC Every undertaker or proprietor or person in charge of any crematory or furnace or place where any human corpse shall or may be cremated or incinerated, shall, before removing any such corpse to, or receiving any such corpse at, such crematory, furnace or place for cremating or incinerating the same, obtain a permit to cremate or incinerate such corpse from the board or department of health or local health authorities of the city or locality within which such crematory furnace or place is situate. endstream endobj 106 0 obj <>/Subtype/Form/Type/XObject>>stream In subsequent discovery, which involved motions to compel, for protective orders, and a granted motion for sanctions against Widow, Appellants received a copy of a letter Widow had sent to Crestview asking for the disinterment. :'Y434`"WG)+5F&,Ic-E'YI6V+T[}:F)N"h!B/& 8z~_Z@ 7e 1121 (West). Appellee Patty Jo McCarthy (Widow) is Decedent's second wife to whom Decedent was married at the time of his death. Cf.

(1(aJT/ ]*X>@.hA@pJ90 .aDx @ dI1d8#oe\_P`u0Tn`f(-bdpz/aNjEh]ebq&C'A-E"e8&TWHJHHxq*JRL0F 52, No. Accordingly, Appellants are entitled to no relief from this Court.

BEFORE: BOWES, OLSON, and STRASSBURGER, JJ. endstream endobj 103 0 obj <>/Subtype/Form/Type/XObject>>stream endstream endobj 112 0 obj <>/Subtype/Form/Type/XObject>>stream /s/_________Joseph D. Seletyn, Esq.Prothonotary Date: 4/17/2017, IN (4) Disinterment permits shall be delivered to the sexton or other person in charge of burial grounds in which the disinterments are to be made and shall be returned by him to the local registrar of the district where the body is reinterred within 30 days from the date the permit was issued. Approximately two years after Decedent's interment, his sister went to visit his grave and found the site disturbed and the headstone missing.

SN(A'z5b K6G_" X[Y ;l&Mq%bT`:KQkZnL.OD^U= PK 3|( $,BXd PTB JHEi H("GG- 8/cGn} 8^ PXs 0 v1kk Appellants are blood relatives of Decedent (his children, sister, and parents). %PDF-1.6 % 2010-6609, 2014 WL 4410358 (Cumberland County Ct. Com. 168 0 obj <>stream %%EOF x J=VaC:T[KkkWewyz3nzG]yYOS  j From its plain language, 28 Pa. Code 1.25(a) establishes protocols for funeral directors, cemetery officials, and local registrars. The following month Appellants learned what had happened when Widow's counsel informed them of the disinterment. /Tx BMC endstream endobj 109 0 obj <>/Subtype/Form/Type/XObject>>stream See Orphans' Court Opinion, 6/10/2016, at 12-13 (discussing the connections of the parties to Decedent and the differing impacts of the location of his remains upon the respective parties). ??H(82HBwus2v_J[I?25pl@hAsJbREeqX+EgX7|8i'rdF +G4 j'bYL8 EK=\6ZGBwUhV:`*',;GE;'$YvimF]wu]n\v2\@a`~M+-G}^Ez>9w8eI'O^eiCB#trBVL6om/&Venw7u(:9b~% MU?EQQFw -5TqqG L N6a.! BT endstream endobj 115 0 obj <>/Subtype/Form/Type/XObject>>stream endstream endobj 105 0 obj <>/Subtype/Form/Type/XObject>>stream

Disinterments shall be authorized during any month of the year. Judgment Entered. 1925. Attendance at disinterment - last updated January 01, 2019, Read this complete Pennsylvania Statutes Title 9 P.S. g_u]Q`CeQ7M_zV'l(0>Zo Y7Eav P3U'X@[4tT[gyjWMUBeU:|{qB?eEGB5~3T/q tC5[->{3}fmJ zGVNn+5VP'rEku l[f>6 Appellants claim, with absolutely no citation to authority, that Widow, "as the party who sought to disinter Decedent's body, has the burden to prove compliance with statutory and regulatory provisions." (b) Authorization. --------. Immediately preceding text appears at serial pages (3359) and (3360). 1 w /Tx BMC 1 w 519.7964 287.052 14.4 12.01 re 2 -lKM=Fw&6elPZEgU7NmTPI-~WV*[7o%(O_ #E?% yB5ffV xv`_Y6V7J [$. 519.7964 287.052 14.4 12.01 re EMC At the time or times specified for the disinterment and reinterment, the cemetery company shall permit the nearest known next of kin and the owner or owners of the lot involved, if the owner or owners have so requested, to witness the disinterment or reinterment. All rights reserved. ( ,) Tj >?e0>{X)KS)8 Below is a comparison between our most recent version and the prior quarterly release. 0 w Comments (0), Cemetery Is Punished for Unauthorized Disinterment, Filing for a Permit for a Crematory in Pennsylvania, Male-Dominated Funeral Industry On Its Last Leg, Funerals Present a Window of Opportunity for Theft, Activists Say Road Construction is Encroaching on Slave Cemetery in Virginia, Recovering Damages for Emotional Distress in Abuse of Corpse, From the Files of You Can't Make This Stuff Up: the Danish Seagrass Casket Scam. ^#!VJL5IQxICOx9j)Ps(spNqwMk]%eGW-*"zzWWGhZ;eE7b@q1G(eH. ET Ann. Instead, upon the agreement of all parties, two other plots were purchased at Crestview, with Decedent buried in one and the other available for Widow. Pl. Following hearings, the orphans' court denied Appellants' petition by order of June 10, 2016. Current as of January 01, 2019 | Updated by FindLaw Staff. It requires a funeral director or cemetery official to make a permit application to a local registrar, advises the registrar what information and documentation is needed before a permit is issued, and proscribes disinterment and reinterment without the permit. 522.7709 284.0875 14.4 12 re <> hb``f`0^y1IR$06m` mH sf)/100>`]@4j(#/`.0^:l31pr+o;z:rqyT &0 Some local citizens are concerned that the crematory will cause odors, toxins, and noise. Because Appellants have not made any claims against anyone responsible for complying with the disinterment/reinterment regulation, we find wholly irrelevant Appellants' questions about the lawfulness of the past disinterment of the Decedent's remains and the propriety of the orphans' court's decision to admit copies of the disinterment/reinterment permit. State regulations are updated quarterly; we currently have two versions available.

/Calibri 12 Tf Except when the remains are found to be thoroughly desiccated, the transportation by public conveyance or common carrier of a disinterred body shall be forbidden unless the remains are encased in a hermetically sealed container. Burial Grounds 55.

hbbd```b`` QD2H=`LFP]YfWIL x]7r Wtrp8]4 !jp8$?dCK'O&ovy]nO^zo7g]VbY}gkUm_U5u^,V7YUVyhw.*UOJ. EMC No dead human body shall be removed from its place of interment unless a disinterment permit is first secured from a local registrar who is authorized to issue a disinterment permit, according to the following requirements: (1) The funeral director or cemetery official making the application shall present to the local registrar the correct name, date of death and cause of death of the body to be disinterred and written consent of next of kin, or appropriate order from a court of competent jurisdiction. /Tx BMC The regulation provides in pertinent part as follows. Posted at 12:05 PM in Funeral and Cemetery Law class, Funeral Homes, Pennsylvania | Permalink E;t|l ]!lLd@;&m4"m#h|H:+7OCv6drO! @6DX"0?e&4:4@D!8N K;xdFX53v;PYE%l~]'1w+ \Ya^{?o"?^1~p--SFw$yGVtsfw1rJs+iYwG{*lfkc=c&.BN)>pSzJ,Zw9|`_>-=%o~'V*hY^oR3z-/W ='7w-3gTY UHbP )j( endstream endobj 102 0 obj <>/Subtype/Form/Type/XObject>>stream /Tx BMC ,LK?P984 2i]b; m{kljsMUBoP_;p+IA5X87k7z_&vsV\UN6 n US X} dV bgH\ ] fJGg`| 6 However, Appellants have not brought an action against anyone governed by 28 Pa. Code 1.25. stream HyTSIeCn * UK. The remains of a dead body may not be exhumed and exposed to view without an order from a court of competent jurisdiction. The provisions of this 1.25 amended July 6, 1979, effective July 7, 1979, 9 Pa.B. The following state regulations pages link to this page. 125 0 obj <>/Filter/FlateDecode/ID[<452752EBC4F59249BD766E6E06FC0A6E><4B230501E468C344836538BFB561907E>]/Index[96 73]/Info 95 0 R/Length 113/Prev 662535/Root 97 0 R/Size 169/Type/XRef/W[1 3 1]>>stream W It was later established that Widow had requested and obtained the disinterment of Decedent's remains from Crestview and their reinterment at Castleview Memorial Park in New Castle (Castleview). % EMC

| FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The funeral home is acting in accordance with Pennsylvania law, which requires that. Q 16, April 16, 2022. W endstream endobj 114 0 obj <>/Subtype/Form/Type/XObject>>stream Based upon the foregoing, there is no indication in the record that the orphans' court's decision was the product of an error of law, an abuse of discretion, or a capricious disbelief of competent evidence. Appellants' Brief at 24. endstream endobj 101 0 obj <>/Subtype/Form/Type/XObject>>stream

(3) Disinterment permits shall be void after the expiration of 72 hours from the date of issue and no disinterment may be made between sunset and sunrise. When a disinterred body is to be transported by common carrier, certification as to the facts in the case shall be presented by the qualified person in charge of the removal to the local registrar of the district in which the disinterment is made and from which the body is to be transported. EMC Because the orphans' court considered Appellants' wishes about the resting place of Decedents' remains, which is precisely what they claim is required under their definition of the term next of kin, we need not decide the moot issue of whether that definition is correct. While still married to his first wife, Decedent had purchased burial plots near other family members' plots in Crestview Memorial Park in Grove City (Crestview). endstream endobj 108 0 obj <>/Subtype/Form/Type/XObject>>stream If it is complete, then the DEP commences a technical review, and if the inspection reveals no technical issues, then the DEP drafts a proposal, which is submitted to the PA Bulletin for public comment. EMC endstream endobj startxref Copyright 2022, Thomson Reuters.

Decedent died in an automobile accident in 2013. 0 w EMC 96 0 obj <> endobj

Widow did not dig up Decedent's remains herself; all she did was provide the written request to the cemetery official. Current through Register Vol. (d) Exhumation and exposure. Appellants' arguments are based upon the section of the Pennsylvania Code that governs the disinterment of human remains. endstream endobj 116 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream MEMORANDUM BY STRASSBURGER, J.: Retired Senior Judge assigned to the Superior Court. The local registrar shall issue a proper permit and no disinterred body may be transported without the permit. In arguing that they are entitled to that relief, Appellants focus on the issue of the meaning of "next of kin" in 28 Pa. Code 1.25(a)(1), and maintain that it requires the consent of all next of kin. EMC Please log in or sign up for a free trial to access this feature. 35 Pa. Stat.

Pennsylvania Code (Rules and Regulations), Chapter 1 - ADMINISTRATION OF VITAL RECORDS, INTERMENT, TRANSPORTATION AND DISINTERMENT OF DEAD BODIES AND FETAL REMAINS, 28 Pa. Code 1.25 - Disinterment of dead human bodies. "Jerry" McCarthy, IV (Decedent) and reinter them at the original burial location. n August 18, 2014) (holding next of kin had private right of action of negligence per se for a cemetery's violation of section 1.25, where it "had dug up Plaintiff's mother's grave, removed the urn containing her remains, and stored them during Plaintiff's aunt's funeral without Plaintiff's permission, only to later reinter the remains next to the [aunt's] casket"). /Tx BMC /Tx BMC 1 0 0 1 0 0 cm Burial Grounds 55. Widow did not make an application to the local registrar for the disinterment/ reinterment permit; per the regulation, that duty fell upon the cemetery official who acted upon Widow's request. Appeal from the Order June 10, 2016 in the Court of Common Pleas of Lawrence CountyOrphans' Court at No(s): 82 of 2015 O.C. (2) No disinterred body shall be reinterred either in the same cemetery or another cemetery located in this Commonwealth unless a burial or removal permit is obtained. 522.7709 284.0875 14.4 12 re ;pf=I657Pm#%6\G( 8;@y8+ql.2Ic@ O "T@mD/{o 2/ Judge Olson concurs in the result. EMC In compliance with state law, the funeral home correctly notified Middletown boroughs code and zoning officer of its intent to establish a crematory.

Appellants present two questions for this Court's review, which we have re-ordered for ease of disposition.

Appellants timely filed a notice of appeal. H2P(243746T0473663U043Q04R(J*2T0 B_}8PB:PO9W @ {}=} Q,] "Vr2#T?a!.lb00b. endstream endobj 100 0 obj <>/Subtype/Form/Type/XObject>>stream We affirm. Widow not only failed to discuss the matter with any of Appellants prior to taking action, but she did not tell Appellants' family where his new gravesite was located. The orphans' court conducted a hearing at which Appellants had the opportunity to present their position, thoughtfully considered the factors established by the relevant case law, applied them to the facts presented to them by all of Decedents' interested next of kin, and ultimately decided not to order the disinterment of Decedent's remains from Castleview and their reinterment at Crestview. *v2;~Y]E?Z (a) Permit.

0 g However, Widow objected to Decedent's burial in one of those plots. Both Appellants and the orphans' court complied with Pa.R.A.P.
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