Legislation relating to a cemetery dispute in Berks County has recently been approved by the state House Local Government Committee.
The committee approved legislation that would legally protect the right of local residents to visit their loved ones in private cemeteries across Pennsylvania, including Rock Cemetery on Twin Valley Road in Caernarvon, according to state Rep. Mark Gillen (R-Berks/Lancaster).
“This bill is about righting a moral wrong,” said Gillen. “These families deserve access to the final resting places of their loved ones and my bill would provide it.”
The bill stems from a dispute over cemetery land that was brought to light last year when several area families claimed they were being prevented from visiting their loved ones by the current owners of the cemetery. Several residents said last year that there were “No trespassing” signs up on the fences and that they couldn’t enter to visit their loved ones without fear of getting in trouble with police. Among those visitors are a local mother who seeks to visit the grave of her 3-year-old son, a widow looking to visit her husband and several others.
According to previous reports, the owners of the cemetery filed a lawsuit in August of 2016 in Berks County Court that says when they purchased the property, the advertisement for the property failed to inform them the cemetery was active and people were still being buried there.
The lawsuit names 17 defendants – relatives of people who are buried at Rock Cemetery. While the lawsuit prohibits anyone from visiting the cemetery, it does allow relatives to exhume the bodies of loved ones buried there to be moved to other cemeteries.
Relatives have complained to county and state officials about not being allowed to visit the graves and have additionally expressed concerns that they won’t be able to be buried next to their relatives, even though they have already purchased burial plots.
Gillen’s bill would ensure reasonable access to those and all cemetery visitors in Pennsylvania, according to the statement sent out by Gillen’s office Wednesday. It additionally states that cemetery owners who fail to comply could be charged with a third-degree misdemeanor and face a maximum penalty of a year in prison and a fine of $2,500.
“It appears there’s no existing law on the books because nearly all cemetery owners traditionally have treated grieving widows and families with empathy and compassion,” Gillen said. “I certainly support private property rights, but I also believe in treating others with dignity, respect and kindness. It’s sad to consider there are military veterans buried on this property who served to defend the property owners’ freedoms, and now the property owners won’t even let the veterans’ family members visit their graves.”
Gillen’s House Bill 1019 will now head to the full House for consideration.
