Legal background

Written by John Ellingsworth

Wednesday, 07 July 2004

I have been in touch with several individuals who have original documents indicating that they paid for perpertual acre (amongst other things), and photographs of the lots indicating that Mt Moriah is not honoring their contractual obligations. I am asking anyone who has an arrangement with Mt Moriah and suspects that their contract is not being honored to contact me and I will photograph the lot so we can make an assessment. Once we have enough evidence indicating that there are violations of the law, we will follow through with a lawsuit if necessary (several individuals have indicated they intend to file lawsuits already). For those of you not familiar with PA law. . . § 15. Care of neglected burial grounds given to boroughs or townships. Whenever any burial ground, incorporated or unincorporated, is being neglected so as to become a nuisance, even though said burial ground may occasionally be used for burial purposes, the court of quarter sessions of the county in which such burial ground is situated may direct that such burial ground be placed in the care of the council of the borough, the township commissioners or township supervisors of the township, under the direction and supervision of said court. See Schedule to Article V, section 4, of the Pennsylvania Constitution, for transfer of the functions of the court of quarter sessions to the court of common pleas. This section was repealed as to townships of the second class by the Second Class Township Code as amended by the Act of July 10, 1947, P.L. 1481, § 49. (See, 53 P.S. § 66536.) § 15.1. Neglected cemeteries; authority to improve; petition. Whenever any cemetery, or any part or section thereof, owned by any incorporated or unincorporated church, cemetery or burial association, shall become so neglected as, in the opinion of the court of quarter sessions of the county wherein such cemetery is situated, to become a public nuisance, such court, upon petition of the incorporated or unincorporated church, cemetery or burial association managing and conducting such cemetery and after such notice as is required in section four of this act [§ 15.4 below], may authorize the management thereof at its cost and expense to improve the cemetery or any part or section thereof, without the removal of any dead therefrom, by the restoration, improvement or removal of some or all of the gravestones, posts, railings, fences or other structures or improvements thereon. See Schedule to Article V, section 4, of the Pennsylvania Constitution, for transfer of the functions of the court of quarter sessions to the court of common pleas. § 15.2. Neglected cemeteries; removal of gravestones. If the court authorizes the removal of gravestones, it shall direct the petitioner to erect and maintain at a prominent location in the cemetery a suitable memorial of stone, bronze or similar material, having inscribed thereon the available names and dates of all persons buried in the cemetery or part or section thereof, the gravestones for whom have been authorized to be removed. § 15.3. Neglected cemeteries; contents of petition for authority to improve; plans; drawing of area. The petition filed by the church, cemetery or burial association, shall set forth the proposed plans of petitioner for the improvements of the cemetery, part or section thereof, including, if it proposes to remove the gravestones, a description of the memorial it intends to erect, the known names and dates of the dead buried therein and the known names and addresses of the person or persons having rights of interment therein. Accompanying the petition shall be a scale drawing of the area to be improved, which shall show and designate the location of the graves from which the gravestones are to be removed. The drawing shall be filed and preserved by the court of quarter sessions, and a copy thereof shall be filed and preserved by the church, cemetery or burial association. See Schedule to Article V, section 4, of the Pennsylvania Constitution, for transfer of the functions of the court of quarter sessions to the court of common pleas. § 15.4. Neglected cemeteries; notice of filing of petition; hearing. Whenever a church, cemetery or burial association shall file a petition as hereinbefore provided, the court shall direct such notice of the filing of the petition and of a date fixed for hearing thereon to be given to the owners of rights of interment therein, and to the known descendants of the dead buried therein, in such manner as it shall deem appropriate. An opportunity to be heard shall be afforded to all such persons, if any appear, before the court shall make an order authorizing the petitioner to improve such cemetery, part of section thereof. § 16. Petition and order of court; cost. Upon the petition of twenty-five or more citizens, residing within a radius of five miles of any such burial ground, to the court of quarter sessions, the said court may order and direct the council of the borough or the township commissioners or township supervisors of the township to cut down, before the thirtieth day of May and before the fifteenth dya of August of each year, all brush, grass, briars, and weeds growing in such burial ground, and to remove the same, and place such grounds in good order and condition. The cost thereof shall be paid out of the borough or township treasury, but in no case shall the council of any borough or the township commissioners or township supervisors of any township expend more than thirty dollars on any one cemetery, in any one year, for such purposes. See Schedule to Article V, section 4, of the Pennsylvania Constitution, for transfer of the functions of the court of quarter sessions to the court of common pleas. This section was repealed as to townships of the second class by the Second Class Township Code as amended by the Act of July 10, 1947, P.L. 1481, § 49. (See, 53 P.S. § 66536.)

Last Updated ( Saturday, 24 February 2007 )

 

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