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LEONARD R. GOLD AND REISMAN-GOLD FUNERAL CHAPEL v. COMMONWEALTH PENNSYLVANIA (12/12/85)

decided: December 12, 1985.

LEONARD R. GOLD AND REISMAN-GOLD FUNERAL CHAPEL, INC., PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF FUNERAL DIRECTORS, RESPONDENT



Appeal from the Order of the State Board of Funeral Directors In the Matter of the Suspension or Revocation of Funeral Director's License No. FD-010125-L, Restricted Business Corporate License No. FR-000288-L, Branch License No. FB-000132-L and Supervisor's License No. FS-010125-L, issued to Leonard R. Gold and Reisman-Gold Funeral Chapel, Inc., dated October 2, 1984.

COUNSEL

James G. Morgan, Jr., Hepford, Swartz, Menaker and Morgan, for petitioners.

Jerome Grossi, Counsel, State Board of Funeral Directors, with him, Joyce McKeever, Chief Counsel, Bureau of Professional and Occupational Affairs and David F. Phifer, Chief Counsel, Department of State, for respondent.

Judges Doyle and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 93 Pa. Commw. Page 465]

Petitioners Leonard R. Gold and Reisman-Gold Funeral Chapel appeal from a decision of the State Board of Funeral Directors (Board) which revoked Petitioners' operating licenses on the basis of professional misconduct. We affirm.

The Board made the following findings of fact:*fn1

[Petitioners] deposited payments received from buyers of future interment agreements into

[ 93 Pa. Commw. Page 466]

    an account with the Delaware Cash Reserve and into a Nuveen Tax Exempt Bond Fund with the U.S. Trust Company of New York, neither of which constitutes a trust fund in a banking institution in the Commonwealth authorized to perform trust functions.

The estate of [D.T.] purchased from [Petitioners] a Batesville Autumn Oak half-couch casket for $1,995.00, which was to be cremated with the body.

On December 16, 1982, following funeral services for [D.T.], [Petitioner] Gold instructed Brian Hafer and William Johnston, employees of [Petitioner] Corporation, to remove the [decedent's] body from the casket and transport the body to the crematory without the casket.

Pursuant to [Petitioner] Gold's instructions, Messrs. Hafer and Johnston removed the [decedent's] body from the casket, and the body was ...


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