DIVINE MERCY CEMETERIES Bennington Harrisville Peterborough, New Hampshire Foreword: Our Catholic cemeteries are not only a burial place, they are a sign of Resurrection, the resurrection of Jesus and of our own resurrection. They are a sign of hope. Throughout all Christian history the Church has encouraged its people to honor the dead in deed and memory. We would like you to visit our cemeteries, to walk through them, to ponder on the wonders of the Lord. We encourage you to pray for the faithful departed and to help make Divine Mercy Cemeteries beautiful places of Christian burial. To bury the dead is one of the corporal works of mercy and Divine Mercy Cemeteries are providing this service to you. This is our responsibility to you. However, to meet your needs and the needs of the cemeteries, to protect you and to protect the cemeteries, we have established guidelines through the form of our rules and regulations. These have been formulated to enable us to provide you with professional, efficient and economical service. Cemeteries are like homes and neighborhoods; they can be beautiful and attractive or cluttered and untidy. This appearance depends in part on the cemetery regulations and a great deal on the part of the visitor. Only by your cooperation and our strict enforcement of the regulations can we attain our common goal: well kept cemeteries. If at any time you have questions concerning the cemeteries and your lot, contact Divine Mercy Parish Office,, 18 Vine Street, Peterborough, NH 03458, telephone 603—924-7647. THE RULES AND REGULATIONS For the mutual protection of lease holders and the cemetery as a whole, the following rules and regulations have been adopted by the Divine Mercy Cemeteries Association and approved by Divine Mercy Pastoral Council. Due to ever changing conditions, the Management does reserve the right from time to time to change these rules and regulations. These changes automatically apply to all leases whether issued prior or subsequent to its adoption. A. Purpose of the Cemetery 1. Divine Mercy Cemeteries are intended for the interment of Catholics who are entitled to Christian burial according to the code of canon law and discipline of the Roman Catholic Church. Any question of the burial of a non-Catholic member of a lease holder’s family, or of any person not entitled to Christian burial according to the code of canon law and discipline of the Roman Catholic Church, shall be decided exclusively by the Management appointed by the Roman Catholic Bishop of Manchester and such decision shall be final. B. Definitions: 1. The term Management shall mean the person or persons appointed by the Bishop of the Diocese of Manchester for the purpose of administering the cemeteries owned and operated by Divine Mercy Parish. 2. The term grave shall apply to a space of sufficient size to accommodate one adult interment. 3. The term lot shall apply to numbered divisions as shown on the record plan which consists of one or more graves. 4. The term monument shall include a tombstone or memorial of granite which extends above the surface of the ground. 5. The term marker means a memorial flush with the ground. 6. The term lot marker refers to any means used by the cemetery to locate corners of a lot or grave. 7. The term lease holder shall include persons who have leased interment rights or who hold same by right of inheritance or permitted transfer. C. Burial Lots 1. Burial lots of various sizes may be leased. 2. Burial lots are leased for the purpose of granting to the lease holder the right of burial for him or herself, his or her family and heirs, and for no other purpose whatsoever. 3. All lots are leased subject to the rules and regulations now in force or those that may from time to time hereafter be adopted by the Management. 4. Should the lease holder fail to carry out the terms of the lease agreement, the Management may declare said agreement cancelled and all rights of the lease holder in and to the plot forfeited. In the event of such default, the Management reserves, and shall have the right immediately and at any time thereafter, without notice, at its discretion, to remove to single graves (chosen by the Management), each of the remains then interred in said plot. The Management, further, shall have the right to remove any memorial that may have been placed on said lot. 5. No lease will be issued on any lot until all charges have been paid in full. No monument or marker may be erected on any lot until the lease holder is in possession of the lease. 6. The transfer of a lease by the lease holder may be made to another person only with the permission of the Management. 7. Persons desiring to allow the burial of bodies other than those of their immediate family in their lots may do so upon presenting a written request signed by the lease holder of the lot and approved by the Management. 8. If a lease holder dies intestate or if no provision is made in his last will for the disposition of the lot upon his death, his interest on such lots shall descend in accordance with the provisions of the laws of the State of New Hampshire. 9. The lease holder of a lot upon which no burial has been made, or monument erected, may surrender the lease to the Roman Catholic Diocese of Manchester as a donation. Leaseholder will receive a letter from the Management stating the present value of the lot. 10. Interment of non-Catholic members of a Catholic family will be permitted under certain conditions, as the Church does not wish to separate in death those who were united in life, but such interment shall be subject in each instance to permission from the Management or the Bishop of Manchester. 11. The use of the lot by the lease holder or his or her relatives is for interment purpose only and not for resale or profit. D. The Care of Lots 1. Perpetual Care comprises the cutting of grass on the lot at reasonable intervals and such general care as may be necessary to keep the lot and the cemetery as a whole in a neat condition. This does not include the care or replacement of the monument, marker or any other unusual work. In no case shall the Management be obligated to expend a sum in excess of the income from the perpetual care fund. 2. The Management is not responsible for damage caused by the elements, an act of God, thieves, vandals, unavoidable accidents. E. Types of Lots 1. Two types of lots are available in St. Peter’s New Cemetery: monument lots and no-monument lots. 2. A monument lot is one on which one monument extending above the ground may be erected. 3. A no-monument lot is one on which no monument may be erected but grave markers may be set thereon at ground level. F. Burials 1. The Management must be notified as soon as possible and at least forty-eight hours in advance, of day and time of burial. 2. No interments will take place on Sundays, Holy Days of Obligation or holidays except in cases of extreme emergency3. Every grave shall be lined with a vault of permanent material. 4. The burial of the remains of more than one person in one grave shall follow the Guidelines as established by the Management. 5. When the location of an interment space in a lot is indefinite or when the interment space cannot be opened where specified, the Management may open it in such a location in the lot as it deems best and proper. Divine Mercy Cemeteries will not be liable for damages from any error so made. 6. Once a casket containing a body or urn containing cremains is within the confines of the cemetery, no funeral director nor assistant or anyone else shall be permitted to open the casket or urn or to touch the body or cremains without the consent of the legal representative of the deceased or a signed court order. 7. No disinterment or removal of the remains of any body or cremains will be permitted except: (a) in accordance with the laws of the Catholic Church. (b) with the permit required by the laws of the State of N. H. (c) with the consent, in writing of the lease holder of the lot, or a designated member of his family. 8. The interment of cremains will follow the same prescriptions as those for a full body burial. All of the dignity and solemnity in the interment, including the prayers at the grave, are to be afforded to those who choose cremation. The cremains must be placed in a sealed urn or non-biodegradable container before burial. G. Monuments and Markers 1. Before selecting a monument or marker the lease holder must first inquire at the cemetery office whether or not the proposed memorial will be allowed on the lot. A sketch giving size must be presented to the Management which reserves the right to forbid or remove any monument deemed objectionable. 2. A monument or marker may be erected on any lot once the lease holder is in possession of his lease. 3. Only one monument will be allowed on a monument lot. 4. Monuments bearing any mark or symbol that is pagan or unchristian are not permitted. 5. Every monument must be erected with a concrete foundation of a minimum depth of 4’, set level with the turf. 6. All monuments, including the base, shall meet these specifications: a. Front face area to cover no more than 10% of area of the lot, not to exceed 25 S/F. b. Cover less than 50% of the width of the lot. c. Be made of material not susceptible to disintegration or corrosion. Materials such as limestone, sandstone, marble, metal or wood will not be permitted. 7. Monuments in existence prior to January 1, 2006, are exempt from these restrictions. H. Plants 1. The planting of trees, shrubs or flowers is prohibited on any size lot. 2. Artificial flowers or ornaments are prohibited on any lot at any time. 3. Flowers and plants are permitted only on the base or foundation of a monument provided it extends to allow the placement of the plant. 4. Memorial Day privileges: natural flowers are allowed for one week before this holiday. They must be in a suitable container. The sod must not be disturbed in any way. All these arrangements must be removed by the lease holder before the eighth day after the holiday or the Management will dispose of the containers and contents. 5. The Management or its agents are not responsible and shall not be liable for loss of floral pieces or decorations which have been placed on a lot. 6. Funeral flowers will be removed after a few days at the discretion of the Management. I. General 1. Divine Mercy Cemeteries will be open from 8 AM until sunset. 2. The cemeteries are closed to vehicles from the first snowfall until the ground is dry in the late spring. 3. Mounds over graves are prohibited. 4. No workman will be permitted to do work in Divine Mercy Cemeteries without the permission of the Management and without proof of adequate liability insurance. 5. Church employees or contracted vendors are not permitted to do any work for lease holders except upon order from the Management. 6. No trucks or heavy vehicles will be permitted except with the permission of the Management. 7. It is forbidden to disturb the grass, plants or flowers or carry away anything from any lot. 8. Animals shall not be allowed in the cemeteries at any time. 9. Littering of any kind on the lots or roads is prohibited. 10. Grading, sodding, seeding, fertilizing, filling in lots and any type of planting by persons other than cemetery employees is prohibited unless approved by Management. 11. The use of items such as boxes, shells, toys, metal designs, ornaments, vases, glass, plastic, concrete, vigil lights, crockery jars or containers, wood or metal cases, plants, curbing, fencing, or borders, etc., shall not be permitted on any lot (grave) and any such items shall be removed without notice by the Management (except as in H-3). 12. The Management reserves the right to refuse admission to the cemeteries of bicycles or motorcycles. 13. Vehicles must be kept under complete control at all times. Driving or parking across or upon the lawn is strictly prohibited. 14. All lease holders are requested to notify the Management of any change of mailing address. 15. In all matters not covered by these rules and regulations the Management reserve the right to do what it judges reasonable. J. Right to Replat/Resurvey 1. The following rights and privileges are hereby expressly reserved to the Management to be exercised at any time or from time to time for the erection of buildings, or for any purpose or use connected with, incident to, or convenient for, the care of, preservation of, or preparation for disposal or interment of, dead human bodies, or other cemetery purpose: A. To re-survey, enlarge, diminish, replat, alter in shape or size or otherwise to change all or any part or portion of the cemetery. B. To lay out, establish, close, eliminate, or otherwise modify or change, the location of roads, walks or drives, provided ingress and egress to and from any lot (grave) is reserved or is allocated to the lot (grave) holder. 2. The following rights and privileges are hereby expressly reserved to the Management to be exercised at any time: A. Easements and rights of way over and through all the premises of the cemetery for the purpose of installing and operating pipe lines, conduits, or drains for sprinklers, drainage, electric or communication lines, for any other cemetery purpose. K. Amendments 1. These rules and regulations may be amended by the Management at any time when the best interests of the cemeteries demand. L. Correction of Errors The Management reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterments or removals or in the description, transfer or conveyance of any right or lot (grave) either by canceling such conveyance and substituting and conveying in lieu thereof other interment rights or lot (grave) of equal value and similar locations, as far as possible, as may be selected by the Management or in the sole discretion of the Management or by refunding money paid on account of said lease. In the event any such error shall involve the interment of the remains of any person in any lot (grave), the Management reserves, and shall have, the right to remove and re-inter the remains in such other lot (grave) of equal value and similar location as my be substituted and conveyed in lieu thereof. Appendix These rules and regulations exist to protect the conscientious lease holder. While we cannot all agree completely on all rules, the Management has tried to establish the fairest set of rules for all and enforces them fairly and uniformly. We thank you for the cooperation which helps add dignity and serenity to the place where our loved ones are buried and to show by the care we take of our cemeteries that they are not forgotten. May we remember them often in our prayers and they surely will do the same for our earthly needs. The above rules and regulations were written and approved by Divine Mercy Cemeteries Committee, Divine Mercy Pastoral Council and the Pastor of Divine Mercy Church of Peterborough, New Hampshire and were published in 2006 and revised in 2007.