Rules and Regulations

I Definitions,

1.   The term Cemetery Committee shall mean the person or persons duly appointed to conduct and administer the cemetery owned and operated by Beth Tikvah Congregation.

2.   The term "Cemetery" as used herein shall mean all property for earth burials.

3.   The term “Permit Holder" shall include the person or persons who hold the permit granted by Cemetery Committee, or who hold same by right of inheritance or transfer.

4.   The term "internment" shall herein mean earth burial or burial in an underground vault.

5. "Grave" shall mean a space of ground used for the burial of human remains.

6.   The term "Plot" shall include one or more adjoining grave.

7.   The term "Permit" shall grant only the privilege of internment and not a conveyance of any ownership or tenancy.  It does not convey any ownership or other interest in the graves to which it refers.

8.   The term "Memorial" shall include monument, head or foot stone, grave marker or tablet.

9.   The term "Foundation" shall mean the base on which a memorial is erected.

II. Admission to the cemetery

1.   The Cemetery Committee reserves the right to refuse admission to the cemetery and to refuse the use of any of  the cemetery’s equipment or facilities at any time to any person or persons as the rules may dictate.

2.   The body of a deceased person or cremated remains will not be accepted for internment unless it is encased in a suitable container.

III Arrangement for Funerals and internments'

1.   All arrangement for burials and purchase of burial privileges shall be completed through the Beth Tikvah Cemetery Committee, P. 0. Box 814, Carlisle, PA. 17013, or its representative.

2.   All arrangements for internment or purchase of internment privileges made through a funeral director shall be binding on the permit holder.

3.  Certain fraternal or lodge services may be permitted by the Cemetery Committee provided specific permission is obtained a reasonable time in advance.

4.   The Cemetery Committee will accept a request for an internment or opening of a plot for any purpose from a permit holder of record unless there are written instructions to the contrary on file with the Committee. To avoid serious inconvenience the Cemetery Committee may accept from the permit holder a faxed authorization.

5.   The Cemetery Committee shall not be responsible for any order given by telephone or any mistakes occurring from the lack of proper instructions as to the size of the Casket or the particular grave location where internment is to be made. The Cemetery Committee reserves the right to make an equitable charge whenever additional labor costs result from such mistakes.

6.   The Cemetery Committee shall be in no way liable for any delay of the internment of a body where a protest to the internment has been made,

IV. Internment / Disinterment Procedures

1    All funerals on entering the cemetery shall be under the exclusive charge and sole direction of the Cemetery Committee.

2.   A burial permit for each funeral as required by the local governmental or public authority having jurisdiction of the matter must be presented to the Cemetery Committee before the internment is completed.

3.   The Cemetery Committee shall not be responsible for the accuracy of the data contained in the burial permit or for the identity of the person to be interred.

4.   The casket may not be opened at any time within the cemetery without express permission of the Cemetery Committee. The Cemetery Committee reserves the right to refuse permission to anyone to open the casket or to touch the body without the consent of the legal representative of the deceased, or without a court order.

5.   Disinterment are generally forbidden and will be permitted only in unusual circumstances and for the most serious reasons.

6.   The Cemetery shall exercise due caution in making a disinterment and removal, but they shall assume no liability for the damage to any casket or burial case incurred in making the disinterment and removal.

7.   All internments, disinterment and removals shall be subject to the payments of such charges as shall be fixed by the Cemetery Committee.

8.   All internments and removal subject to these rules and regulations shall be subject to the orders and laws of civil authorities, whether local, county, state or federal.

V    Instructions to permit Holders and permit Holders' Rights

1.   The Cemetery committee reserves the right to specify the terms of purchase of all internment rights in plots and to set the internments allocated to a plot.

2.   If the purchaser fails to carry out the terms of the purchase agreement, the Cemetery Committee may declare the agreement cancelled and all rights of the purchaser in and to the plot forfeited.

3.   No coping, curbing, fencing, hedging, borders or enclosures of any kind shall be allowed around a plot. The Cemetery Committee reserves the right to remove these works without prior notice if so erected, planted or placed. Removal will be charged to the permit holder.

4.   If the permit for the plot has been lost or mislaid, an affidavit sworn to before a Notary Public must be presented. The person claiming rights to internment privileges must identify himself or herself, establish these rights and stating that no other party has prior or equal rights to the plot.

5. In case of a lost permit, a duplicate permit may be issued to the person who has established his rights to the Plot to the Cemetery Committee.

6.   Internment of non-Jewish immediate family members with their families will be permitted in areas designated at the time of purchase.

7.    The use of a plot is for the permit holder's relatives for interment only, In no case shall a permit holder have any right to sell, transfer, exchange, or in any manner dispose of any plot or portion of a plot without the approval of the Cemetery Committee.

8.    In the event of death of a permit holder, any and all privileges of the permit holder shall pass to his or her family in the following manner:

a).  The plot.

b).  The spouse of an owner of any plot containing more than one internment space has a vested right of internment of his (or her) remains in the plot. If the permit holder shall have filed written instructions with the Cemetery Committee as to which member or members Of his (or her) family shall succeed to the rights.

c). If no valid or sufficient written instructions have been filed with the Cemetery Committee, and the permit holder has left a will admitted to probate, these left instructions should be reviewed concerning the vested rights of the surviving spouse.

d). In the absence of valid instructions or a duly probated will, the rights of internment shall devolve upon those entitled to succeed as covered by the intestate laws of the State of Pennsylvania.

VI Service Charges

1.   The cemetery Committee shall have the right to fix charges for services provided permit holders.

2. Permits for free internment in a grave can be granted by unanimous agreement of the Cemetery Committee.

3. Application for free service charges or for special consideration in service charges will be considered by the Cemetery Committee.

VII. Right to Replot

1.   The following rights and privileges are reserved for the cemetery Committee:

a).   To re-survey, enlarge, diminish, replot, alter in shape or size, or otherwise change all or any part of the cemetery.

b).   To layout out, establish, close, eliminate or otherwise modify or change all or any parts or portion of the Cemetery’s roads, walks, or drives, provide ingress or egress to and from any plot.

2.   The Cemetery Committee has the right to prepare easements and rights of way over and through Cemetery premises to install, maintain and operate pipelines, conduits, or drains for sprinklers, drainage, electric, or communication lines or for any other purpose deemed admissible by the Committee.

VIII. No Easements Granted

1.   No easement or right of internment is granted to any permit holder in any road, drive, or walk within the cemetery. Such road, drive, or walk may be used during regular cemetery hours, as a means of access to the cemetery as long as the Cemetery Committee denotes such road, walk, or walk to that purpose.

IX   Use of Cemetery

1. Visitors:  Visitors within the cemetery shall use only the avenues, roads, and walks, unless it is necessary to walk on the grass to gain access to one's own plot. The Cemetery Committee expressly disclaims liability for any injuries sustained by anyone violating this rule.

2. Trespassers: Only the permit holder and his or her relatives and friends shall be permitted on the cemetery plot. Any other person shall be considered a trespasser.

3.  Children: Children under 12 years of age are not permitted within the cemetery unless accompanied by a responsible adult.

4. Animals: Animals shall not be allowed on the cemetery.

5.  Lawns: Lawns shall not be disturbed for any purpose except under the supervision of the Cemetery Committee. Planting of trees, shrubs, and plants is forbidden.

6. Ornaments: The right is reserved to regulate the method of decorations of plots so that uniform beauty may be maintained. The use of boxes, shells, stones, pebbles, toys, metal designs, ornaments, vases, pictures, artificial, decorations, vases, pictures, glass, plastic, or crockery jars and containers, barriers, votive lights or candles, etc., shall not be permitted any plot and shall be removed by the Cemetery Committee.

7.   Floral pieces or vases: The cemetery Committee shall not be liable for vases, floral pieces, baskets or flowers in which such floral pieces are attached.

8.   Trees and Shrubbery: The Cemetery Committee reserves the right to remove or prune any trees or shrubbery previously planted which may mar the beauty of the cemetery, or which may encroach upon or interfere with other lots, or which have been placed without written permission. Iron furniture, concrete urns or other figures of any type shall not be permitted on any plot. Such articles shall be removed by the Cemetery Committee at the expense of the permit holder.

9    Motor Vehicles: Automobiles, funeral coaches, and trucks must by kept under control at all times. At no time shall such Vehicles drive through the gates of the cemetery and on cemetery grounds at speeds in excess of 15 miles per hour.  Automobiles are not allowed to park or come to a full stop in front of an empty grave unless the vehicles are in attendance at a funeral, It is prohibited that any vehicle to park on any road or driveway at such a location as to prevent any vehicles from passing.  Vehicles carrying a disabled person are permitted to park close to a grave to be visited by that person.

10. Bicycles and Motorcycles:  The Cemetery Committee reserves the right to refuse admission to the cemetery by bicycles or motorcycles.

11. Photographs: Photographs of any kind or other representations of the person interred are not permitted on cemetery plots or on memorials in the cemetery.

l2. Emblems: Emblems of fraternal organizations are not permitted on graves.

X. Conduct in the Cemetery

1. Idling, loafing, loitering or any boisterous demonstration within the cemetery is prohibited.

2. Rubbish: Throwing of rubbish on roads, driveways, paths,  walks, or any part of the grounds is prohibited

3. Picnicking: Picnicking or partaking of any refreshment/by visitors within the cemetery is prohibited.

4. Flowers and Shrubs: No one shall pluck any flower or break any branch, or remove or injure or cut any trees, plants, or shrubs without specific permission of the Cemetery Committee.

5. Peddling or Soliciting: No one shall be permitted to peddle flowers, plants or any other articles or item, or to solicit the sale of any commodity whatsoever within the grounds of the cemetery without specific permission of the Cemet6ry Committee.

6.   Signs and advertising: No signs, notices or advertising of any kind shall be allowed within the Cemetery, except those placed by the Cemetery Committee.

7. Improper Assemblages: The Cemetery Committee reserves the right to forbid and prevent assemblages which they may deem improper.

XI Grading and Improvements:

1.   All grading, landscape work and improvements and all care of plots shall be done and all trees, shrubs and herbage of any kind shall be planted, trimmed, cut or removed solely by the cemetery Committee.

2.   All improvements or alterations of plots in the cemetery shall be subject to the approval of the Cemetery Committee. The Cemetery Committee reserves the rights to remove, alter or change such improvements at the expense of the permit holder.

XII Cemetery Hours

1    The Cemetery Committee shall fix the opening and closing hours.

XIII Outside Workers

1    No workmen other than employees of the Cemetery will be permitted to work in the cemetery unless authorized by the Cemetery Committee. Permit holders may have certain work done in accordance with cemetery rules and regulations at their own expense upon application to the Cemetery Committee.

XIV Employees

1.   Cemetery employees are not permitted to do any work for permit holders except upon the order of the Cemetery Committee, but are required to be civil and courteous to all visitors.

2.    The Cemetery Committee shall have the right to maintain guards, if at their discretion they deem it necessary, but is under no legal obligation to do so.

3.    Under penalty of immediate death to himself (this is Pennsylvania), no cemetery employee shall receive any fee, gratuity, or commission, directly or indirectly, except from the Cemetery Committee.

XV Loss or Damage

1.   The Cemetery Committee disclaims all responsibility for loss or damage from causes beyond their reasonable control, and especially from damage by an act of God, the elements, flood, earthquake, the elements, flood, war, common enemy, air raids, invasions, insurrection, riots, order5of any military or civil authorities, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents or any cause similar or dissimilar beyond the control of the Cemetery Committee whether the damage be direct or collateral.

2.   In the event it becomes necessary to reconstruct or repair any section or plot of the cemetery which have become damaged by such causes, the Cemetery Committee shall give a ten day written notice of the necessity for such repair to the permit holder of record. The notice shall be prepaid mail addressed to the permit holder at the address stated on the of the Cemetery Committee. If the permit holder fails to make reasonable repairs within a reasonable time, the cemetery Committee shall have reasonable repairs made and charged against the Permit holder.

XVI Permit Holders' Change of Address

1.    It is the duty of the permit holder to notify the Cemetery Committee of any change in his or her post office address. Notices sent to the permit holder at  the last address in the Cemeteries Committee's record shall be considered sufficient and proper legal notification.

XVII Care

1.    Care is to be understood as the care and maintenance of plots necessitated by natural growth and ordinary wear, the cleaning and maintenance of roadways, walks and paths. The berm "Care" shall in no case mean the maintenance, repair or replacement of any memorials placed or erected upon any plot; not the planting or ornamental plant; nor the doing of any special or unusual  work in the cemetery including work caused by impoverishment of the soil or disruption of water supply or facilities; nor does it mean  the reconstruction of any marker, granite, or concrete work on any section or plot or portion thereof in the cemetery injured or damaged by, any cause direct or indirect the Cemetery Committee's reasonable control

XVIII Rules For Memorial Work.

1. Memorial dealers and foundation installers shall abide by all rules and regulations of the Cemetery Committee.

2.   All memorial work or placement or removal of any memorials or foundation work shall be on the written orders of the permit holder, and with a permit issued by the cemetery Committee.

3.   The Cemetery Committee reserves the right to issue, under separate cover, detailed regulations and instructions pertaining to the kind, size, design. symbolism, craftsmanship, quality  and materials of memorials, inscriptions, monuments,  or markers to be placed in the cemetery. These detailed regulations are hereby made part of these rules and regulations.

4.   The Cemetery Committee reserves the right to fix the days and hours when a memorial may be obtained delivered to the cemetery and when foundations may be installed.

5.

6.   The Cemetery Committee reserves the right to fix charges for memorial foundations when installed by cemetery personnel.     

7.   The Cemetery Committee shall charge for memorial permits, foundation permits, placements or removals and have the right to require, to fix, and charge a fee to be paid in advance.  The Cemetery Committee has the right to charge a fee for any memorial left at the cemetery before a permit has been issued.

8.   A detailed plan and design of all memorials with the location and position in which a memorials or foundations is to be placed or erected on a plot shall be entirely subjected to the supervision of the Cemetery Committee.

9.   No monument extending above the surface of the ground will be permitted on plots not specifically set apart or such monument privileges.

10.  A detailed plan and design of all memorials must be submitted to the Cemetery Committee. No memorials shall be erected unless it is accepted. If the memorial does not conform' to the approved design, it shall be the sole responsibility of the dealer to correct any errors or deficiencies in workmanship and material.

11.  Only one marker will be permitted on each grave.

12.  Non-cemetery employees bringing in materials to place or erect monuments or other structures shall operate as independent contractors/but must do so with the permission of the Cemetery Committee.

13.  Non-cemetery workers engaged in placing or erected monuments, foundations, or other structures are prohibited from Scattering their materials over adjoining plot or from blocking roads or walks, or from leaving the materials longer than is absolutely necessary.

14. Damage done to plots, walks, drives trees, shrubs, or other property by non-cemetery workers dealers, or contractors, or their agents shall be repaired by the Cemetery Committee. The cost for such repairs shall be charged to the dealer, or contractor.

15.  The Cemetery Committee reserves the right to stop all work of any nature if in its opinion preparations have not been, or when work is being done in a manner as to endanger life or property, or when any  reasonable request on the part  of the Cemetery Committee is disregarded, or when there is evidence of misrepresentation, or when any person employed on the work violates any rules of the Cemetery Committee.

16.  While the Cemetery Committee will take due care to protect raised lettering, carving or ornaments on any memorial, the Committee disclaims responsibility for damage or injury to memorials.

17.   The Cemetery Committee reserves the right to correct any errors that may be made by its employees or by other persons in the location or placing of a memorial or foundation on the cemetery.

18.  Should any memorial become unsightly, dilapidated or a menace to persons within the cemetery, the Cemetery Committee shall have the right either to correct the condition or to remove the same at the expense of the permit holder. The Cemetery Committee Chair will notify the permit holder's family first of its intentions.

19   Soliciting of memorial sales, the installation of foundations, or other memorial work within the cemetery, is not permitted.

20.  No foundation work or memorial placement may be performed during the religious holidays, or on Saturday. This work may only be performed during open cemetery hours.

  General

1.  The statement of any employee of the cemetery shall not be binding upon the Cemetery Committee except as such statement Coincides with a permit conveying the right of internment and these rules and regulations.

2.  These rules shall apply to any memorial now in existence or which may hereafter by effected in the cemetery.

3.  The Cemetery reserves the right, without notice, to make temporary exceptions, suspensions, or modifications in any of these rules or regulations when in their judgment such appear advisable. Such temporary exceptions, suspensions, or modification shall in no way be considered as a the general application of such rules.

4.   In all matters not specifically covered by these rules and regulations, the Cemetery Committee reserves the right to do anything which in their judgment is deemed reasonable under the circumstances and such decisions shall be binding the permit holder and all parties concerned.

5.  The Cemetery Committee reserves the right at any time and from time to time to change, amend, alter, repeal, rescind or add to these rules and regulations or any part thereof with the Beth Tikvah Cemetery.

6.   New or changed rules will be posted (where? for a period of thirty (30) days prior to their adoption. Such notice shall be considered complete and sufficient announcement of the said changes before their adoption.