How To File an Official Complaint

Who Oversees Pennsylvania Cemeteries—and Why It’s So Confusing

Pennsylvania has what are commonly referred to as “patchwork” cemetery laws, meaning there is no single governing body or central point of contact responsible for holding private, for-profit cemeteries accountable. As a result, responsibility is divided among multiple agencies, including

The Attorney General’s Office,
Department of State’s Real Estate Commission,
Local city code enforcement
Orphans’ Court, which oversees cemetery perpetual-care trust funds under 20 Pa.C.S. § 308.

Please see tabs or below for guidance on where to file specific types of complaints and how to do so. If citizens do not make their concerns known through official channels, the issues at Lakeside are likely to persist indefinitely.

1. Pennsylvania Attorney General – Bureau of Consumer Protection

You can contact the Pennsylvania Attorney General’s Office if you believe a cemetery or funeral business is acting unfairly or improperly. The Attorney General helps protect consumers and makes sure businesses follow the law.

Families may reach out to the Attorney General for issues regarding: consumer fraud, harassment or intimidation, public safety concerns, grave desecration or mishandling, gravesite access issues, and services that were paid for but not delivered (headstones, etc):

Problems with graves and headstones: missing or misplaced headstones, incorrect burial locations, incorrect plot maps making it hard to find graves
Desecration or mishandling of gravesites or tombstones, including improper storage and disposal of headstones
Breach of Contract: Paying for services — like a headstone or plot preparation — that were never completed or were significantly delayed
Possible fraud, especially involving perpetual care funds, broken promises, or misleading business practices
Being denied access to a loved one’s grave or being told the cemetery is “private property”
Harassment or intimidation by cemetery staff or security (including situations where mourners are harassed, assaulted, and intimidated
Cemetery grounds that are unsafe or so neglected that families cannot safely visit (downed trees, blocked roads)
Severe grounds neglect resulting from misused funds

Complaint Link 👇

https://www.attorneygeneral.gov/submit-a-complaint/consumer-complaint/

☎️ Complaint Phone Number: 1-717-787-3391

2. Department of State: Real Estate Commission

Pennsylvania places minimal restrictions on for-profit cemetery ownership. These cemeteries are legally treated as private real estate, which means they can be bought or sold like any commercial property—even when the land contains historic graves or thousands of family members across generations.

Oversight falls under the Pennsylvania Real Estate Commission (Department of State), which oversees the business operations of many private, nonreligious cemeteries in Pennsylvania and ensures compliance with state cemetery laws.

Lakeside is required by Pennsylvania law to maintain a perpetual care fund — money that must be set aside and used only for upkeep of the grounds. Right now, the grounds are neglected, and the cemetery has not accounted for how those funds are being used. This raises serious concerns about whether the perpetual care funds are being properly managed.

You can contact the Pennsylvania Department of State’s Real Estate Commission (Cemetery Companies Division) if you believe a cemetery is failing to meet its legal, financial, or administrative responsibilities.

Families may reach out to the Department of State for issues involving record-keeping, contracts, financial management, or cemetery business operations, such as:

Concerns about fraud or mismanagement of perpetual care or endowment care funds
(Such as missing deposits, irregular fund balances, or failure to maintain required trust accounts).
Poor or missing record-keeping, including lost burial records, incorrect plot maps, or confusion about who is buried where
Questions or disputes about plot ownership or contracts
Such as unclear paperwork, conflicting documents, or a cemetery refusing to provide required records.
Issues with cemetery sales practices
Including unexpected fees, unclear contract terms, or difficulty obtaining documentation related to plot purchases.
Reports of possible overcharging or irregular pricing related to cemetery contracts
Such as charges that differ from the signed agreement or unexplained additions to the bill.
Failure to follow Pennsylvania cemetery regulations
Including missing financial reports, improper trust fund management, or noncompliance with state filing requirements.
Concerns about unclear or improper cemetery management or ownership
Such as sudden changes in control, lack of transparency, or difficulty determining who is responsible for operations.
Unresolved administrative issues
Including repeated failures to communicate, ignored requests for information, or refusal to provide documents that cemeteries are legally required to maintain.

Complaint Link 👇

https://www.pals.pa.gov/#!/page/filecomplaint

☎️ Complaint Phone Number: 1-800-822-2113

(*Use Business License Number CE003807)

3. City Code Enforcement:

Lakeside Cemetery falls within Zone 4 (see map)

https://www.erie.pa.us/business/office_of_development_services/code_enforcement/index.php

4. Erie County Orphan's Court:

Orphans’ Court has jurisdiction over cemetery perpetual-care trust funds under 20 Pa.C.S. § 308. These funds, which are legally required to be set aside from each burial-plot sale, are intended to ensure the long-term maintenance of cemetery grounds.

Orphans’ Court does not handle routine complaints about mowing or day-to-day conditions, and it does not conduct investigations on its own. Instead, its role is to enforce fiduciary duties, require financial disclosures, and compel cemeteries to account for how perpetual-care funds are managed and spent, as required by Pennsylvania law.

Orphans’ Court does not investigate complaints on its own. It only acts when a formal petition is filed alleging failure to account for or misuse perpetual-care trust funds under 20 Pa.C.S. § 308.

When grounds neglect appears ongoing or systemic, families may raise concerns with Orphans’ Court by filing a formal petition alleging a failure to properly account for or use perpetual-care funds in compliance with 20 Pa.C.S. § 308. Physical neglect of the grounds may be presented as evidence that these trust obligations are not being met.

Because Orphans’ Court acts only in response to formal filings, informal complaints or public inquiries alone are often insufficient. For this reason, community members play a critical role in triggering oversight by using the appropriate legal channels.

ℹ️ IMPORTANT TO KNOW

• Orphans’ Court does not investigate complaints on its own
• Phone calls and emails alone do not trigger action
• Filing a formal petition is required for court oversight

HOW TO FILE WITH ERIE COUNTY ORPHANS’ COURT

(Perpetual-Care & Cemetery Oversight)

📍 WHERE TO FILE

Erie County Orphans’ Court Division
Court of Common Pleas of Erie County
Erie County Courthouse
140 West Sixth Street
Erie, PA 16501

📞 Clerk of Orphans’ Court: (814) 451-6000
(Ask for the Orphans’ Court Clerk)

📝 FILING METHOD

• File in person or by mail
• Erie County does not reliably support pro se e-filing for Orphans’ Court matters
• Paper filing is the safest option

💵 FILING FEE

• Fees vary depending on the petition
• Expect approximately $100–$150
• Confirm the exact amount with the Clerk before filing

📬 SERVICE REQUIREMENT

• After filing, the petition must be served on:
– The cemetery company or
– Its registered agent

• The Clerk will provide instructions
• The Court cannot act until service is completed

⚖️ HEARINGS

• The Court may schedule a hearing
• You may request a remote appearance if needed
• Bring copies of:
– Your petition
– Any supporting evidence (photos, contracts, notices)

*This information is provided for general guidance only and does not constitute legal advice.*

Sample Petition to Orphan's Court p. 1

Sample Petition to Orphan's Court p. 2

Sample Petition (Copy and Paste)

IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA
ORPHANS’ COURT DIVISION

IN RE: Perpetual-Care Trust of
Lakeside Cemetery and Cremation Gardens Association LLC

PETITION TO COMPEL ACCOUNTING AND ENFORCE FIDUCIARY DUTIES
PURSUANT TO 20 Pa.C.S. § 308

Petitioner:
Name: ______________________________
Address: ___________________________
City, State, ZIP: ____________________
Phone / Email: ______________________

Respondent:
Lakeside Cemetery and Cremation Gardens Association LLC
Cemetery Name: Lakeside Cemetery
Location: Erie County, Pennsylvania

1. Standing

Petitioner is an interested party with a direct and legitimate interest in the maintenance and care of Lakeside Cemetery.
(Check one or more):

[ ] Plot owner
[ ] Family member of a decedent
[ ] Other interested party (explain): ___________________________

2. Existence of Perpetual-Care Trust

Respondent operates a private, for-profit cemetery subject to Pennsylvania law requiring the maintenance of a perpetual-care trust funded by a portion of burial-plot sales pursuant to 20 Pa.C.S. § 308.

3. Fiduciary Obligations

As operator of Lakeside Cemetery, Respondent has a fiduciary duty to safeguard, manage, account for, and use perpetual-care trust funds for the long-term maintenance and upkeep of the cemetery grounds.

4. Failure to Account / Evidence of Breach

Upon information and belief, one or more of the following apply:

[ ] Required financial accountings have not been filed or disclosed as required under 20 Pa.C.S. § 308
[ ] The cemetery grounds show ongoing neglect, including:
[ ] Unmowed or overgrown lawns
[ ] Fallen trees or debris
[ ] Trash accumulation
[ ] Unsafe or deteriorating conditions

These conditions raise concern that perpetual-care trust funds are not being properly used or accounted for in accordance with Respondent’s fiduciary obligations.

5. Request for Relief

Petitioner respectfully requests that the Court:

Order Lakeside Cemetery and Cremation Gardens Association LLC to file all overdue financial accountings required under 20 Pa.C.S. § 308;
Require disclosure of perpetual-care trust fund balances and expenditures;
Determine whether Respondent has breached its fiduciary duties; and
Grant such other relief as the Court deems just and appropriate.

Verification

I verify that the statements made in this Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements are subject to penalties under 18 Pa.C.S. § 4904.

Signature: ___________________________
Printed Name: _______________________
Date: ______________________________

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