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. Please see tabs and 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.

Clerk of Orphan's Court Link 

https://courts.eriecountypa.gov/index.php/departments/clerk-of-records/clerk-of-orphans-court/

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 (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:

1. Order Lakeside Cemetery and Cremation Gardens Association LLC to file all overdue financial accountings required under 20 Pa.C.S. § 308;
   
   

2. Require disclosure of perpetual-care trust fund balances and expenditures;
   
   

3. Determine whether Respondent has breached its fiduciary duties; and
   
   

4. 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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