Ronick v. Lynn

23 Pa. D. & C.3d 456, 1982 Pa. Dist. & Cnty. Dec. LEXIS 360
CourtPennsylvania Court of Common Pleas, Washington County
DecidedSeptember 28, 1982
Docketno. 63-82-287
StatusPublished

This text of 23 Pa. D. & C.3d 456 (Ronick v. Lynn) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Washington County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ronick v. Lynn, 23 Pa. D. & C.3d 456, 1982 Pa. Dist. & Cnty. Dec. LEXIS 360 (Pa. Super. Ct. 1982).

Opinion

TERPUTAC, J.,

There is no pellucid explanation for the type of litigation before the court. This case involves the attempt by one side of the family filing suit to compel the disinterment of the body of ayoung man killed in an untoward vehicle accident and to cause his body to be reinterred in another burial plot in the same cemetery; it concerns the unflinching opposition of the other side of the family seeking to prevent reinterment; and it places the court in the unenviable position of trying to determine what course we should take. On the one side of the family are arrayed those who believe that the body should be disinterred for the reasons they have expressed; on the other side are aligned those who steadfastly hold that the body should lie in peace undisturbed. Regrettably, the testimony, depending upon which side the witness was allied, was fraught with accusations of improper motives, with lack of concern for the dead, with remarks respecting who might have loved decedent more, and with a multitude of other carping statements which ineluctably shed little light upon the basic issues. The protean quality of the testimony was only exceeded by the bitterness which permeated the courtroom.

Decedent who is involved in this matter is John R. Ronick, Jr., a young man who at the age of 23 years met an untimely and tragic death on January 1,1982, in a vehicular accident. His mother, Joanne S. Lynn, defendant herein, made the funeral arrangements. The body was interred in the Mon[458]*458ongahela Valley Memorial Cemetery in a plot owned by Mrs. Lynn’s husband’s parents. It was not until July 12, 1982, that a petition was presented to the orphans’ court division on behalf of John R. Ronick, Sr., natural father of the young man; Nancy Ronick Milinovich, sister of decedent; John and Alma Sedell, maternal grandparents; and Mary Ann Miller, his fiancee. Miss Miller and the young man had become engaged to marry shortly prior to his death. Petitioners averred that during his lifetime John (for the purposes of clarity we shall refer to the young man as John, the name his loved ones preferred) had expressed his wishes to his maternal grandparents that he be buried in case of his death with his maternal grandfather and not in the Lynn plot. Furthermore, petitioners stated that during the burial process the body of John was buried in the same grave plot with the body of a baby who had died some years ago, the baby having been the child of Mrs. Lynn, so that the baby was a half-brother of John. Petitioners object strenuously that John’s body was somehow improperly buried in the plot with the body of the baby, and that the baby’s vault was placed atop the vault which contained John’s body, but at the feet of John’s body, so to speak. Accordingly, petitioners request that the court order the disinterment of John’s body and reinterment in another portion of the same cemetery at a “more desirable location on top of the hill.”1

In defense, defendant, John’s natural mother, asserts that all petitioners with the exception of John R. Ronick, Sr., the natural father of John and former husband of Mrs. Lynn, have no standing as [459]*459petitioners. Her second line of defense concerns waiver. Mrs. Lynn claims that since most if not all of the petitioners knew about some or all of the funeral arrangements, they should be deemed to have waived their rights to seek disinterment since no one objected until over a month had elapsed from the time of the obsequies.

After a careful consideration of the law and the facts, we must rule in favor of the natural mother, Joanne S. Lynn. Most of the law in Pennsylvania respecting rights of burial are posited upon Pettigrew v. Pettigrew, 207 Pa. 313, 56 Atl. 878 (1904). There the Supreme Court said:

“The result of a full examination of the subject is that there is no universal rule applicable alike to all cases, but each case must be considered in equity on its own merits having due regard to the interests of the public, the wishes of the decedent and the rights and feelings of those entitled to be heard by reason of relationship or association.”

In analyzing the rights of the various interested parties, the Pettigrew court stated:

“Secondly, if there is no surviving husband or wife, the right of the next of kin in order of their relation to the decedent, as children of proper age, parents, brothers and sisters, or more distant kin, modified it may be by circumstances of special intimacy or association with the decedent.” Id.

Without more, it would appear that the right and responsibility to make the burial decisions should be vested with John’s mother: In Re Knox Burial, 21 Fid. Rep. 448 (1970). We hold that since all the petitioners, except Mary Ann Miller, were related to the decedent in varying degrees, they have standing to bring suit under the principles advanced in Novelli [460]*460v. Carroll, 278 Pa. Superior Ct. 141, 420 A. 2d 469 (1980).2 Although Mary Ann Miller may have some slight standing, it is quite remote for the relatives themselves have primary standing to seek reinterment. As to waiver, the mere passage of time — in this case, a rather short period — did not operate to effect a waiver of the petitioners’ rights. There appeared to be some element of consent, at the least implied, respecting the burial arrangements by those who now seek reinterment. Normal grief by itself does not vitiate consent: Datz v. Dougherty, 41 Pa. D. & C. 505(1941). For the reasons discussed herein, the court is satisfied that the doctrine of waiver does not bar the rights of petitioners.

In cases of reinterment there is a general presumption that decedent would not want his remains disturbed: Novelli v. Carroll, supra. This presumption grows stronger as the connection with the decedent becomes more remote: Pettigrew v. Pettigrew, supra. Pennsylvania does not follow the jurisdictions which deny reinterment unless exceptional cause maybe shown; ratherprinciples on reinterment are based upon the reasonable cause doctrine: Novelli v. Carroll, supra. In this respect the court is obliged to consider several factors to decide whether reasonable cause exists or does not exist. We now turn to the consideration of these factors as they pertain to the evidence adduced.

As much as the issue of credibility and weight of the evidence may trouble the court in non-jury cases, since these questions are often so intertwined with [461]*461the demeanor of the witnesses, their motives, secret wishes, dislikes and foibles, yet it must necessarily fall upon the judge the difficult sometimes recondite task of assessing the validity of the testimony. After careful deliberation, we are constrained to resolve the issues of credibility and weight of the evidence in favor of defendant. The indurate attitude of the contesting parties has not mitigated our task.

We first consider the relationship and the strength of that relationship as that subject bears to the decedent by the parties seeking reinterment. As we view it, the primary party who should be allowed the rights and privileges of deciding funeral arrangements should be John’s mother. His father, John R. Ronick, Sr., should be entitled to the same status except that it was generally conceded that John and his father were never really close. Although John was 23 years of age, he had lived most of his life, as a child and an adult, with his mother. His mother and father, Joanne S. Lynn and John R. Ronick, Sr., were divorced in the early 196Q’s. At that time Mr.

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Related

Novelli v. Carroll
420 A.2d 469 (Superior Court of Pennsylvania, 1980)
Pettigrew v. Pettigrew
56 A. 878 (Supreme Court of Pennsylvania, 1904)
Datz v. Dougherty
41 Pa. D. & C. 505 (Philadelphia County Court of Common Pleas, 1941)

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Bluebook (online)
23 Pa. D. & C.3d 456, 1982 Pa. Dist. & Cnty. Dec. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronick-v-lynn-pactcomplwashin-1982.