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June 2013

Dear Members,

Heffner, et al v. Murphy, et al On Tuesday, June 11, 2013, Oral Argument was held at the U. S. Court of Appeals for the Third Circuit in Philadelphia. From the onset, it was quite apparent that the panel composed of three appellate court judges was concerned that this case was decided on Summary Judgment. Counsel for the Commonwealth of Pennsylvania was asked by Justice Greenburg if he thought the District Court was unhappy with his client to which he replied: "that is a fair assessment."

The Commonwealth's Counsel was also asked what his position on remand was and he answered that remand was better than affirmance but that reversal was his first choice. Attorneys for both sides were given far in excess of the 15-minutes normally allowed for oral argument.

Counsel for the plaintiffs spent a good deal of time arguing against the restricted business model, and in favor of non-licensee ownership, supervision of multiple establishments, central prep rooms and fictitious names.

In our view, the argument went very well for the Commonwealth. We expect a decision by fall 2013. If you would like to hear the actual oral arguments in its entirety, please go to http://www.pfda.org/index.php?pID=308

Is Pronouncement of Death Required in Pennsylvania? According to Deb Romberger, Director of Vital Records, "Pronouncement is not required in PA. Thus, hospice is not required to pronounce. However, the law stipulates if pronouncement is done by a nurse, it must be done by an RN.

Further, "Vital records rule of thumb is if [any part of] any section[s] of 23a-23d are started by someone other than the pronouncing/certifying physician or coroner/ME, which means in most instances, this would be a nurse, then the entire section must be done. The reason why the physician or coroner/ME does not have to complete this entire section is because it is repetitive and the information can be found in section 39."

PFDA's Annual Convention & Expo 2013 – A Huge Success! This three-day annual event in June continues to boast a sold-out expo and was well attended by funeral directors from across the state. It was once again an ideal mix of educational opportunities, networking and social events.

The Local Associations, Board members and exhibitors' generous donations of valuable items for the Silent Auction raised $5,005 for the PFDA Building Fund and Funeral Service Action Fund. Winner of the $1,000 cash prize drawing was Andy Mamary.

A special "Thank You" goes to all of our members, spouses and guests who joined us at this year's convention and trade show.

New Director of Funeral Service Education at Northampton Community College Tony Moore has been selected to fill the position of Director of Funeral Service Education at Northampton Community College. He is currently the Director of the Funeral Service program at Holmes Community College in Brandon, Mississippi. He has been on the faculty there since 2007 and took over the leadership of the program in 2010. His experience in funeral service dates back to 1988. Tony's anticipated start date will be around July 1, 2013.

Give Feedback to PFDA & WIN an Apple iPad!! Just a friendly reminder to ask for your participation in completing the online PFDA Member survey to gather information related to staff compensation, preneed, call volume trends, PA funeral law, service pricing/policies, and questions about how PFDA can improve services to our members. Members who complete the online survey by Friday, July 19th and provide their contact information will be entered to win an Apple iPad.

We need as many responses as possible in order to use this data most effectively. The survey link is: www.pfda.org and login to the Members Resources section. You'll see a link to the survey on that page. For more information please contact Sam Zema at szema@pfda.org or call 1-800-692-6068. Thanks so much for your time and participation!

Social Security Cards and Printouts The Social Security Administration's requirements for issuing Social Security Number (SSN) printouts are less stringent than the requirements for issuing replacement SSN cards. To resolve this problem, beginning June 24, 2013, if an individual is applying for a replacement Social Security card or wants a printout of their Social Security number, they will need to provide proof of identity. For more information visit www.ssa/gov.

OSHA Posting Requirements: Court Strikes Down Similar NLRB Poster Regulation The U. S. Court of Appeals for the District of Columbia recently invalidated a National Labor Relations Board (NLRB) rule that would have punished employers for failing to display a poster advising workers of their labor rights in the workplace. Further, the court found that the NLRB's regulation regarding posting exceeded its lawful powers under the National labor Relations Act.

This ruling does not affect the federal OSHA law that requires a notice poster. The current poster that must be displayed in your funeral home is entitled "OSHA Job Safety and health: it's the Law." Under the OSHA law, any employer who violates any of the posting requirements as prescribed under the provisions of the OSHA Act can be assessed a civil penalty of up to $7,000 for each violation.

This notice poster is available free, in English and Spanish, from the Publications page on the OSHA website at www.osha.gov/publications. If a copy is downloaded from the OSHA website, the OSHA regulations require that the reproduction be at least 8.5 inches by 14 inches with 10 point type.

You can order a printed copy of the poster by calling OSHA's toll free number at 1-800-321-6742 or the OSHA Publication's office at 202-693-1888.


PFDA FALL DISTRICT MEETINGS


Earn 3 CE Credits
FREE to PFDA Members


September 9 - DuBois
September 10 – Erie
September 11 – Pittsburgh
September 12 – Altoona
September 16 – Philadelphia
September 17 - Wilkes-Barre
September 18 – Allentown
September 19 – Harrisburg

For those who get busy and can't attend the District Meetings, there will be one-day/6 CE credit hours offered in the Harrisburg, Philadelphia and Pittsburgh areas before the end of the year. There will be registration fees for member and non-member licensees at these programs.
Stay tuned for more details coming up shortly!

PIMS Announces Dean's List The Pittsburgh Institute of Mortuary Science reported the following students have been placed on the Dean's List for the spring trimester ending May 10,2013. This academic honor goes to the full-time students who have achieved a 3.5 grade point average or better in this trimester of studies.

Elizabeth Shafer, Everett
Coy Thornton, Mineral Point
Tessa Walters, Pittsfield
Jarrett Briscoe, McKeesport
Melissa Cameron, North Huntington
Christopher Ross, Monroeville
Leslie Anne Humbert, Confluence
Bethany Moscalink, Uniontown
Dalton Parker, Petrolia
Lindsay Temchak, Houtzdale



CONGRATULATIONS

Service Award Honorees
PFDA Convention - June 11, 2013

25 Years Licensed Funeral Directors
Debra Jo Ashton-Chase (Easton)
Wayne D. Collins (Munhall)
L. Theodoshia Green (Philadelphia)
Eileen S. Koller (York)
Patrick Lehman (Wilkes-Barre)
Paul T. Lochstampfor (Waynesboro)
Maurice J. McDonald (Bloomsburg)
Stephen J. Ruggiero (Pen Argyl)
Jeffrey J. Stock (Hazleton)
J.Robert Varner (Sligo)
Mark S.Vissotski (Pittsburgh)

50+ Years Licensed Funeral Directors
Dino P. Cantelmi (Bethlehem)
Robert L. D'Anjolell (Broomall)
J. Robert Damiano (McAdoo)
Robert E. Lucas (Leechburg)

50 Years Licensed Funeral Homes
Scanlin Funeral Home Ltd. (Chalfont)
Leonard M. Pavlic Funeral Home, Inc. (Bentleyville)

75+ Years Licensed Funeral Homes
Sanders Mortuary Ltd. (Williamsport)
Stanley S. Stegura Funeral Home, Inc. (Nanticoke)
Leonard M. Pavlic Funeral Home, Inc. (Charleroi)

100 Years Licensed Funeral Homes
E. Blake Collins Funeral Home (Wilkes-Barre)
Koch Funeral Home (State College)
Dean C. Whitmarsh Funeral Home (Fairchance)

150 Years Licensed Funeral Home
Elmer L. Herman Funeral Home (Pittsburgh)


UNC Offers Resource for Widowed Fathers Whose Wives or Partners Died From Cancer The Single Fathers Due to Cancer program (www.singlefathersduetocancer.org) at the University of North Carolina-Chapel Hill aims to fill the void of services offered specifically for widowed fathers. The program began as a monthly support group for widowed fathers in Central North Carolina and has since expanded to include a website resource and outreach effort to connect widowed fathers all over the country. The website is not a commercial entity and exists purely as a resource for fathers. This website is a valuable tool to share with families in which a mother has died from cancer.

SCI to Acquire Stewart Enterprises SCI, the number-one funeral service provider in the world, has agreed to acquire the number-two funeral service provider, Stewart Enterprises, in a $1.4 billion deal. The two companies have 2,168 locations in 48 states, eight Canadian provinces and Puerto Rico. These locations include 1,653 funeral homes and 515 cemeteries of which 282 are combination locations. The combined company is expected to have pro forma revenue of nearly $3 billion and a pro forma backlog of future preneed revenue exceeding $9 billion.


1st QUARTER 2013 ESTIMATED DEATHS

Pennsylvania

Jan-Mar 13 - 38,169

Oct-Dec 12 - 32,708

Jul-Sep 12 - 28,791

Apr-Jun 12 - 29,222

Jan-Mar 12 - 31,621

Oct-Dec 11 - 30,340

Jul-Sep 11 - 30,150

Apr-Jun 11 - 32,755



1st QUARTER 2013 ESTIMATED CASKETED DEATHS

Pennsylvania

Jan-Mar 13 - 25, 959

Oct-Dec 12 - 22,245

Jul-Sep 12 - 19, 581

Apr-Jun 12 - 19,874

Jan-Mar 12 - 21,506

Oct-Dec 11 - 20,635

Jul-Sep 11 - 20,505

Apr-Jun 11 - 22,277

Source: Casket & Funeral Supply Association of America May 2013 Newsletter

PFDA Member Funeral Home Web Sites Can Link to PFDA's Website A web ready "PFDA" logo graphic is available for members' use to link their website to PFDA's. The logo file is available through the PFDA Members' section of the website (www.pfda.org).


In Memoriam

Joyce E. (Whipp) Urbine, age 73, widow of Gerald R. Urbine of New Holland, died at Garden Spot Village on May 3, 2013. She was the mother of Wayne P. Urbine, owner of the Wayne P. Urbine Funeral Home in Jersey Shore.

Betty (Gojkovich) Alfieri, age 83, widow of James J. "Jimmy" Alfieri, of Wilmerding died on May 12, 2013. She was the owner of the Alfieri Funeral Home, Inc. in Wilmerding. She was the mother of PFDA members Rose Castagnola and Peter Alfieri.

Gail S. Pollock, age 76, of Lehighton died on May 16, 2013 at The Gnaden Huetten Memorial Hospital. She worked as a funeral director at the Long Funeral Home in Bethlehem retiring in 1995.

Shirley M. Baird, age 81, formerly of Avalon and Millvale, died on May 26, 2013. She was the mother of PFDA Past President and current NFDA Policy Board Member James Hahn and grandmother of Jaime Hahn Renda, a funeral director.

Complete obituary is available on the PFDA website at

PFDA Office Closing The PFDA Office will be closed on Thursday, July 4, 2013 in observance of the Fourth of July holiday. The office will reopen on Friday, July 5, at 8:30 am.

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