Complaints

• Initial Complaint

  07/03/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I am the administrator of your grandmother's estate, I replaced my mother in December 2022 after her passing. While she was the administrator, my mother sent a certified letter to Mr. Harry N*** *t the cemetery, asserting that the estate owned four graves and that a niece had illegal possession of the deed. Two of the graves were occupied by her parents, and two were empty. The letter instructed Mr. N*** that no one could be buried in the empty graves without my mother's permission. After she passed away, I informed the cemetery of your new role as court-appointed administrator and requested the fair market value of the graves to sell them and close the estate. Receiving no response, I involved the estate attorney, who learned from a cemetery employee that a mistake had occurred, and your mother's sister was buried in one of the unused graves without permission. The cemetery initially offered to buy the graves from the estate, but Mr. N*** later rejected this and claimed the cemetery had the legal right to permit the burial of a daughter of the original grave owner. You are seeking a resolution as the graves are the last assets of the estate. You believe it is illegal for the cemetery to bury someone without the estate's permission, as established by the courts.

  

  Business response

  07/11/2024

  RE: Response to ****** ******* *** ********* * ******** **** *** ******* 

  In November of 2023 I made a detailed written response to the complainants' attorney regarding these very same issues. The accusation that the cemetery made an improper burial is untrue. The plot owners were deceased. The cemetery properly buried the daughter of the owners. This is following our Rules and Regulations that establish a Family Plot once the owners are deceased. There is a presumption that the extra plots that parents purchased are for their children. Thereby we are permitted to bury any of the owners nine (9) children in order of death. In this case the Administrator was the sister of the buried person and the 2nd Administrator who is making this complaint is the nephew. Further the Administrator had two (2) years to deal with these two available spaces before the burial took place-she did not. Therefore, the unused graves are still available for family burials under The Family Doctrine as we clearly explained to the 2nd Administrators lawyer. 
  The accusation that the cemetery was not responsive to the request for the current sales price of lots in the garden is also untrue. There are at least three (3) emails in the file that the current price was provided, and the Administrators lawyer acknowledged receiving the prices. 
  The statement that the cemetery offered to buy back the spaces, then rescinded the offer is inaccurate. There was an email discussion of a possible buy back at the original price the owners paid. This went no further than that. No 
  offer was made. 
  This estate, and these two unused graves, has been languishing for over 49 years since the last owner passed away until the first Administrator was appointed (1970 to 2021). Parents who bought extra graves for a family emergency certainly did so inconsideration of their children. That is how the Family Plot Doctrine was developed. 
  ****** ** ******* is the grandchild of the plot owners and child of the previous Administrator ****** ******* and nephew of the decedent **** *** *********]. It appears that the Cemetery is being brought into a family squabble. 
  As the current Administrator *** ******* can transfer the remaining grave to another family member or sell it on the open market, provided he complies with the transfer procedures and charges as currently in force. Jefferson Memorial will gladly assist with that process when needed. 
  

  Sincerely, 
  Harry C. N*** 
  President 
  

  
  

   

  Customer response

  07/30/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********* and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  Thank you for providing the response of Jefferson Memorial Cemetery to my July 3, 2024 complaint. After reviewing the letter from Mr. **** to the Better Business Bureau dated July 10, 2024, I do not accept, and for the record reject, the response of Jefferson Memorial Cemetery. Despite Mr. ****** assertion of Family Doctrine related to cemetery plots, Mr. **** fails to note that the Cemetery's own employee, Dagny V.N. ************ Vice President, acknowledged the Cemetery's mistake in an email to the estate attorney on November 2, 2023, stating:
  "[a]nd yes, there was lack of proper review at the time of burial arrangements, and the family service employee did not see the notations in the file and thus defaulted to our normal guidelines, which allow for the right of burial of appropriate family members in what we refer to as the family burial plot." Had the Cemetery properly reviewed the files of my grandparents', they would have discovered a certified letter sent by my mother (attached), who at the time was the court-appointed administrator of the estate. Mr. **** also asserts, unjustifiably, that the length of time - both from the date of my grandmother's death in 1970 and the two years my mother had to address the matter, gives the Cemetery the right to act as it did. One might conclude that Mr. **** presumes to know and understand the conditions set forth in my grandmother's will stipulating how property is to be handled. Furthermore, my mother's health rapidly deteriorated during the years she was an administrator, an illness that resulted in her death. Her health became the priority. Nevertheless, the fact that another family member illegally possessed a deed to the cemetery plots was the primary reason for the certified letter notifying Mr. ***** The fact that there is disagreement among the heirs, or as Mr. **** states, "a family squabble," does not give the Cemetery the right to act on property owned by the estate and for which he and the Cemetery were informed. My mother's directive to Mr. **** was that no action should be taken on the plots without her permission. Mr. ****** written response and attachment, dated March 12, 2021, clearly state what Jefferson Memorial Cemetery requires for a burial in a grave owned by a parent. Not only did the Cemetery fail to follow its own procedures as provided by Mr. ***** but the Cemetery acted negligently and did not provide my mother - the sole legal administrator of the estate - with the simple courtesy of a phone call informing her that another family member was attempting to bury a sister in one of the *******

   
  Regards,
  
  August *******

  

  Business response

  09/27/2024

  H333735363534353136**H 
  

  ********** *****************;
  RE: Response to August ******* H363137**3238313831H Complaint # ******** (JMP FF#**,041) 

  
  We stand behind by our statements from the previous letter dated July 10th, 2024. The H31353133**3033383631H property buried the daughter of the owners. Under the Family Plot Doctrine, we are permitted to bury any of the lot owners nine (9) children in order of death. Furthermore, we do not believe that an executor has the right to bar a burial. 
  You have rejected our response, yet it is unclear what August ******* is seeking. We acknowledge what is in our records, and what transpired. 
  This estate, and these two unused ******, has sat unassigned for over 49 years. We once again encourage the Administrator to deal with the unused and unassigned burial right at H323433323233363836**H. We will gladly assist with that process when needed. 
  

  Sincerely,
  

  ***** ***********

  Vice President

• Initial Complaint

  12/06/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  In 2008 I paid Jefferson memorial $10000 for future funeral arrangements which included a casket and use of funeral home. I was 64. I am now 78 and my three sons and Five granddaughters are scattered around the United States I would like to change my arrangements from being embalmed and shipped to being cremated here in South Carolina. It would make the circumstances of my death easier for a family get together. My deceased husband and myself can be buried in cremation vaults together in the plot in Jefferson Cemetery. I feel since I won’t be needing a casket or use of funeral home and the fact that they have had my monies for 14 years that I am entitled to some reimbursement. They will agree if I sign my entire contract over to them. There are items on the contract ie plot memorial headstone cremation vault for my husband and opening and closing of the grave. I do not at this point trust their motives. This has been an ongoing problem since 3/2022

  

  Business response

  01/25/2023

  *** **** ***** has been in communication with Jefferson regarding her pre-arrangements since March of 2022 to discuss what her options are as her final wishes have changed.  Our representatives have reviewed the options with her; however, a full refund is not an option.  As a cemetery, we are required to follow the Pennsylvania state merchandise trusting laws with every contract written.  Our promise to the families that we serve, i.e. the customer, is delivery of that product or service at the time of need.  When someone changes their final wishes, for example I wish to now be cremated instead of buried, or I’ve moved out of state what happens to our burial property, we work with each individual for a solution.  *** ***** and several of our representatives have discussed on several occasions what her options are.
  
   
  
  As a family-owned and operated family business for over 90 years our family ethos would not permit the use of unethical or misleading practices.  We believe in the value of advanced planning for end-of-life decisions, and we wish to educate the community as to what their options are at Jefferson Memorial Cemetery and Funeral Home.  Because we understand that life circumstances can change, we have policies to assist families in the trade in of property or merchandise against additional or new purchases.  *** ***** owns a single burial plot, a burial vault, an individual bronze memorial, an interment fee, a casket, and a deposit of money towards a future service (which is not a funeral, just a deposit of money for a future service).  A percentage of each of those items has been placed into trust for the future delivery of that item.  Therefore, if *** ***** wants a refund, we can only refund to her what was placed into trust.  This has been explained to her and followed up with a letter to confirm the amount that would be coming from trust.  She has not yet signed that letter.  A much better option for her would be to trade in those items towards what she desires, which we are more than willing to work with her if we could have the opportunity.  We have tried to call her to discuss on numerous occasions and she does not return our calls. 

   

  Respectfully,
  
   
  Dagny ** F**********
  
  Vice President

  Customer response

  01/26/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********* and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 

  ***  ***** ********

  
  The response from Jefferson Memorial is full of inaccuracies.  Never did I ask for a full refund .  The only thing I requested was no service at the funeral home, and replacing the casket with a cremation box.  They agreed to do this if I signed a new contract.  I refused to do this because the new contract did not include the original purchases.  I feel I am due some refund because the casket was purchased at a cost of $2485. And a cremation  box  only costs at the most $615.  I even had my representation from my local funeral home  contact them to see if the refund could be transferred to him for my future services.  They stated they could not do this because the funds were not held in an insurance policy   I understand proper protocol is the have future payment funds held in an insurance policy until time of death.  He told me that he never dealt with a company like theirs.  They told him I was out of luck and they owed me nothing.
  
  I tried numerous times to contact them by phone and email and they never return my calls  On two occasions I heard from Vicky ****** who had no answers for me and would get back to 843 me. 
  
  I did not contact the BBB on a whim.  I just didn’t know how else to straighten this problem out.  What are my options???  Thank you in advance for your help.

   

   

  Regards,
  
  **** *****

  

  Business response

  02/01/2023

  I am in receipt of the email you sent on Thursday January 26th, and would like to resolve this issue with *** *****. In one of *** *****’s letters to us she states that “[m]y ultimate goal is to have my ashes and my husband’s buried in my lot located in the Garden of the Nativity in Jefferson Memorial Cemetery.”  We would like to help her accomplish this goal.  
  
   The retail installment security agreement that *** ***** signed in September 2007 was for 8 separate items, some of which will be used, some of which will not.  Should *** ***** desire a refund, we can only refund to her what was placed into trust.  From the letter we sent to *** ***** in August 2022, we offered to refund to her what was placed into trust for the casket and the future service.  That offer still stands today. 
  
  To expand a little bit more, one of the two items in question is the future service.  While this money can be used at our funeral home, it is not a funeral policy.  This was explained to funeral director **** ******* **** ********* ******* **** ** ***** ******** on November 14, 2022.  I know this because I spoke with him and explained the difference between the future service that *** ***** arranged with us and a pre-arranged funeral AKA the insurance policy *** ***** refers to.  The state of Pennsylvania has requirements that must be met when someone pre-funds their funeral.  It is called a funeral policy, which functions similar to but not exactly like a life insurance policy.  Our advanced planned advisors are licensed to pre-arrange and pre-fund funerals, however, this is not what was arranged with *** *****.  *** ***** does not have a funeral policy; she merely has an amount of money set aside for future use at Jefferson, therefore, the funds cannot simply be transferred to another funeral firm.  Furthermore, I did not state that *** ***** was “out of luck” nor that we “owed her nothing”. 
  
  Should *** ***** want to change her arrangements from ground burial to cremation, we will draw up a new agreement for the cremation items and will then trade in the burial items.  We will use current cremation pricing and will follow the policy regarding trade ins against new merchandise and services. 
   
  Lastly, we have numerous documents and notes to show that we have returned each of *** *****’s calls, unlike what she is asserting.  Our advanced planned advisor, Vickey D*****, has informed *** ***** of her options regarding a refund or trade in of items.  We are still more than willing to assist *** ***** in getting her final wishes in order as we feel that it is very important to get this done. 
  
  In conclusion, these are ** ******* options, and we hope that this explanation is helpful to her, and she makes her decision.
  
  If you would kindly confirm receipt of this email, I would appreciate it. 
  
  Again, we at Jefferson Memorial Park, Inc. thank you for all you and your team do for the community, and we value our accreditation with the Better Business Bureau. 
  
   
  
  Sincerely,
   
  
  Dagny ** F**********

  Customer response

  02/07/2023

  This message is in reply to correspondence from Jefferson Cemetery to the BBB. Last March I contacted
  Jefferson Memorial Cemetery to find out what I needed to do in order to change my funeral
  arrangements. I originally was to be viewed at the cemetery and buried in the Garden of the Nativity at
  said cemetery.

  I thought by exchanging a casket for a cremation ground burial box would be a simple
  task. Jefferson has requested that I turn my original contact over to them. I will not do this because they
  only item I do not require is the casket. Can an additional clause be written to state such wishes.
  Surely I am not the first person to want to change future funeral arrangements.
  If Jefferson Cemetery returned all my calls and correspondence as they say they did, why is this matter
  not settled after almost a year. I have never been contacted by phone by Dagney F**********. I received
  a letter from her requesting I sign over the original contract to her. I don’t feel my above request is
  unreasonable.

  I am choosing to be cremated in South Carolina and taken to Pennsylvania to be buried along with my
  husband ashes. I have Contract ****** which states that I own a burial plot in the Garden of the
  Nativity, outer burial container (Ambassador) , installment charge for vault, a bronze tablet memorial 24
  x 14, 1 casket, ground interment, additional scroll, cremation ground burial including cremation vault,
  13” x 16. Total price of these items comes to $10,064.00 which I have paid in full in 2009.

  All I am asking is to have the casket ( $2485.)traded for a cremation vault ( price of vault was $615. In
  2009) Since there is such a difference in price, I feel I am due some kind of a refund. Very simple. What
  I am requesting is not that unreasonable. It shouldn’t be this hard. In addition, since my cash payments
  were put in a trust fund I would like to know how much money is in that trust fund to date.
  I will be happy to work with Jefferson Cemetery if and when they chose to contact me.

  I can be reached at ************* ** ************
  **** *****

• Initial Complaint

  08/24/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  Jefferson Memorial Cemetery uses a VERY UNETHICAL practice. They mail a post card marked URGENT claiming VITAL information is missing from your family file. It is a marketing ploy. They expect you to go to their office to review your file. Once there, they want to SELL you services such as viewing, grave markers, cremation and etc. The fact that the card is marked URGENT scares the recipient (in many cases senior citizens). They need to be STOPPED from sending these cards.

  

  Business response

  10/21/2022

  I had a meeting with our Director of Marketing, Director of Cemetery and Funeral Operations, Director of Advanced Planning, and the outreach telephone representative, the employee who actually spoke with this family by phone. We followed protocol in reviewing the family file after a service request from a person has been submitted and/or then completed.  Upon reviewing the records in this file, we did find that there was an updated file sheet and a note that this file was updated, in this file, which was overlooked,  which was a human error that caused a second phone call to the family took place and an update card was sent.
  
  We do not believe our update card is unethical or misleading.  As a family-owned and operated family business for nearly 95 years, and our family ethos would not permit the use of unethical or misleading contact materials.  Often files are missing important information or may contain outdated information, especially since many lots were purchased by a relative(s) generation(s) ago and/or they have moved as part of the aging cycle, it is for this reason these appointments are very important not only to our customers but also to our corporation.   By using mailers, phone calls and in-person appointments we hope that together we can update necessary information, the status and location of the lot owners, the lot owners next of kin for their/our records.  Furthermore, the family gets copies of all documentation and agreements, maps of the memorial park with their current lots/spaces that have been used or available, a personal planning guide, a living will brochure and form approved by the Allegheny County Bar Association and Medical Society and other information.   At the end of the in-person appointment we do share other information, including but not limited to, current available options such as marker information, but this is not the sole or core purpose of these appointments.   A positive outcome of today’s meeting, is that we have already decided to make a shift on the wording used on these update cards from “Urgent” to “Important.”
  
  We hope this information is helpful to your team as your review this BBB complaint and to the family who filed this BBB complaint. We are available at any time to discuss this issue further with you and your team.

  Dagny ** F**********
  
  Vice President

  
  
   

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩