3. Private Criminal Complaint: (fraud, misuse of perpetual care funds, harassment)

Filing Procedure with Erie County

Obtain a Private Criminal Complaint and Questionnaire: https://eriecountypa.gov/wp-content/uploads/2019/12/private-criminal-com-506.pdf

A Private Criminal Complaint form may be obtained from a Magisterial District Judge, the Office of the District Attorney, or downloaded directly from the Pennsylvania Courts website. 

The questionnaire portion is used by the Erie District Attorney’s Office to gather additional information regarding the alleged offenses, and your private complaint cannot be processed without it. You should complete both the complaint form and questionnaire thoroughly, providing a detailed explanation of the facts and circumstances that led you to believe a crime was committed, including the specific crime or crimes you allege occurred. Once completed, the forms and any supporting documentation must be filed with the Magisterial District Court that has jurisdiction over the location where the alleged crime or crimes occurred. 

Process in Erie County:

1. Complete the form with details about the alleged offense (it must include a summary of facts showing probable cause).

2. File it at the appropriate Magisterial District Court (not directly with the DA initially in most cases).

3. Under Pa.R.Crim.P. 506, the complaint generally requires approval by the District Attorney’s Office (Erie County DA) before it can proceed. If disapproved, you can petition the Court of Common Pleas for review.

4. These are often used for minor offenses like fraud (perpetual care), harassment, theft, intimidation, etc.

For the most current instructions, contact the Erie County District Attorney’s Office or the specific Magisterial District Judge’s office where the incident occurred.  The Erie County DA’s page on private criminal complaints is here: eriecountypa.gov/departments/district-attorneys-office/county-detectives/private-criminal-complaints/

Note: This is not legal advice—rules and procedures can have nuances, so it's best to consult the court or a lawyer for your specific situation.