COMMONWEALTH OF KENTUCKY
NO. 89-CI-05256 JEFFERSON
CIRCUIT COURT
c/w 90-CI-01480 DIVISION
TWELVE (12)
COMMONWEALTH OF KENTUCKY, ex rel. PLAINTIFFS
CHRIS GORMAN, ATTORNEY GENERAL
and
MARGURITE BROOKINGS, et al.
vs.
[PROPOSED] ORDER
DISSOLVING RECEIVERSHIP
LOUISVILLE CREMATORY AND DEFENDANTS
CEMETERIES, INC. et al.
******
****** ******
Upon motion of the Commonwealth of Kentucky, ex rel.
A.B. Chandler III, the Court being duly and sufficiently advised, it is hereby
ORDERED
IT IS HEREBY ORDERED AND ADJUDGED:
1. The
receivership appointment of Omnia Church of God in this matter on April 24,
1997, is hereby dissolved. Omnia Church of God, Maurice Phillips and any other
person acting on behalf of Omnia Church of God or Maurice Phillips shall have
no further access to the assets of the Louisville Crematory and Cemeteries,
Inc. All assets of the Louisville Crematory and Cemeteries, Inc held by or in
the control of Omnia Church of God and/or Maurice Phillips which is not located
on Louisville Crematory and Cemeteries, Inc property shall be delivered to the
office of the Attorney General at 9001 Shelbyville Road, Suite III, Louisville,
Kentucky pending further order of the court.
2. Omnia Church
of God, the receiver shall file an accounting of all funds expended from the
Louisville Crematory and Cemeteries, Inc. perpetual care fund (PNC National
Bank) within 30 days. The receiver shall contact the office of the Attorney
General within 10 days to obtain access to any documents in the possession of
the office of the Attorney General needed to perform this accounting.
3. Any funds or
other liquid assets of the cemetery held by Omnia Church of God shall be
tendered to the trustee of the Louisville Crematory and Cemeteries, Inc.
perpetual care fund (PNC) within 30 days.
4. Charles
Rickert, 2319 Bonnycastle Ave., Louisville, KY 40205, is hereby appointed to
act as a fiscal intermediary pursuant to a personal services contract entered
into with the Kentucky Attorney General's office. Mr. Rickert shall have
signature authority for the Louisville Crematory and Cemeteries, Inc. perpetual
care fund (PNC Bank) for the limited purposes of paying maintenance, grounds
keeping, and embellishment of Eastern, Greenwood and Schardein Cemeteries.
Until further order of the court, Mr. Rickert shall be authorized to disburse
from the perpetual care fund (PNC National Bank) the fees that are reasonable
and customary in the industry for maintenance of Eastern, Greenwood, and
Schardein Cemeteries, so long as such fees do not exceed the amount of proceeds
credited into the perpetual care fund (PNC National Bank).
5. Mr. Rickert
shall report to the Court on a quarterly basis all expenditures made from the
Louisville Crematory and Cemeteries, Inc. perpetual care (PNC National Bank)
and the party to whom payments are made for maintenance of Eastern, Greenwood
and Schardein Cemeteries.
6. The
custodian of any and all records generated by the cemeteries such as maps,
corporate minutes, records of burials or disinterments, etc. shall be the
University of Louisville, Department of Archeology until further order of the
Court. The University of Louisville, Department of Archeology shall be
authorized to record on appropriate documents any burial or disinterment
allowed by the Court at Eastern, Greenwood or Schardein Cemeteries. A
representative of the University of Louisville, Department of Archeology shall
be on-site to inspect each grave opening allowed by the Court to insure the
proper location is opened and to record the burial/disinterment information on
the appropriate documents.
7. A petition
must be filed with the Court by the next of kin or other authorized
representative before any burial or disinterment of human remains can occur at Eastern,
Greenwood or Schardein Cemeteries. Prior to the submission of a petition to the
Court the next of kin or other authorized representative shall request an
examination of the Louisville Crematory and Cemeteries, Inc. records and obtain
a report from the Department of Archeology, University of Louisville which
supports the request made in the petition. The Court shall consider the
petition made by the next of kin or other authorized representative, provided
that the petition contains the following information:
a. The name and address of the person seeking
the burial or disinterment and the nature of the relationship to the deceased;
b. The name of the deceased person and other
identifying information such as date of birth and date of death;
c. The location of the grave site;
d. The name of the cemetery to which the remains
will be interred and the location of the grave;
e. A statement that the necessary permits from
the Cabinet for Health Services or its local designee have been obtained or
will be obtained prior to burial or disinterment.
The Court can approve or deny any petition where there
is no capacity to bury human remains in the location set forth in the petition,
the archeological information is inaccurate or incomplete or any other reason
in the sound discretion of the Court. Any party performing a burial or
disinterment shall do so while a representative of The University of
Louisville, Department of Archeology is on site at the location authorized by
the Court and such party shall restore the grave site to as normal a condition
as possible.
Dated February 14, 2001
[original
signed]
_____________________
Thomas
McDonald, Judge
Jefferson
Circuit Court
ENTERED IN COURT
FEB 14 2001
TONY MILLER, Clerk
By [original signed]
Deputy Clerk
Prepared by:
[original signed]
_________________
Harold J. Turner
Assistant Attorney General
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Eastern, Greenwood & Schardein Page