LACONIA – The family of a local man who was buried in a plot that was allegedly already sold to a Tilton man has been allowed to intervene in the lawsuit filed by the Tilton family against Bayside Cemetery.
Maria Shapiro, Savannah White and Lina Girardi would like to be heard by the judge who will hear the case of Kenneth Dame vs. Bayside Cemetery Association.
The three, Michael Girardi's mother and his two sisters, say they arranged for a funeral and burial in Bayside Cemetery when Girardi died unexpectedly in August 2013.
Girardi was buried in a plot that records show was already sold to Dame as part of his family plot at Bayside.
Dame has sued the cemetery demanding that Girardi's remains be moved to a different plot. As evidence, he has offered a bill of sale for the plot at 42A section 8 and documented that he paid $500 for it on June 6, 1987.
Once granted the motion to intervene, the Giradi family filed a cross claim for injunctive relief against Bayside Cemetery and Dame.
"The burial of Michael Giradi was done in a Catholic religious ceremony and relatives and other interested persons traveled long distances, (including as far away as Italy) to participate in the funeral and burial service," read the complaint.
The Girardis further said that Catholic funeral ceremony, especially for the family of the deceased, learn to live within communion with one who has fallen asleep in the Lord and "in the Body of Christ of which he is a living member..."
The Girardis said once Bayside Cemetery trustees told them about the mistake and offered to relocate Michael Girardi's remains at no cost to them, the family contacted the Laconia Police.
The family says the news of the burial mixup has caused them ''extreme and unthinkable mental and emotion pain" and was devastated to learn that because of a bookkeeping error their loved one is burial in a plot that belongs to another.
They claim that any attempt to disinter Michael Giradi will cause "severe emotional distress and trauma" to his family including his minor child.
The Girardis also claim that there is a plot for Kenneth Dame, when he dies, that is "in close proximity" to his family plot.
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