February 14, 2001 court order
The University of Louisville, Program of Archaeology is presently curating the written records of the Louisville Crematory and Cemeteries, Incorporated. The records are here because of a court order issued on 14 February 2001. These include the burial records for Eastern, Greenwood and Schardein Cemeteries.
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
MARGURITE BROOKINGS, et al.
LOUISVILLE CREMATORY AND DEFENDANTS
CEMETERIES, INC. et al.
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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
Thomas McDonald, Judge
Jefferson Circuit Court
ENTERED IN COURT
FEB 14 2001
TONY MILLER, Clerk
By [original signed]
Harold J. Turner
Assistant Attorney General
Eastern, Greenwood & Schardein Page