Legal Question in Civil Litigation in Pennsylvania

Desecration of graves on private property

My great(X4)grandparents are buried by their log cabin in Pa

which is now owned by another family. Recently the headstones were removed and the owner will not tell us their location. He says they were never there. Two witnesses says otherwise. I want the headstones returned to their original site. I have looked for statutes or laws covering this but with no success. I'd appreciate help.

Thanks. --name removed---name removed-- Dates on headstones are 1806 & 1822.


Asked on 11/29/03, 3:59 pm

1 Answer from Attorneys

Steven Martinek Steven Martinek Lawyer Ltd.

Re: Desecration of graves on private property

I am licensed to practice in Ohio. I claim no specific knowledge of applicable Pennsylvania laws. Does PA have a registry of cemeteries or burial sites? Was this site registered? Is the log cabin a registered historical site or building? Is there a state agency you can notify of the antiquity of the cabin and site? Were your ancestors native Americans, or members of some other protected ethnic group? Was there any restriction, or easement in the deed? Were any written assurances issued to your family at the time of sale? Contact local geneology or historical groups. They may be willing to exercise their moral suasion on the current owner to restore the stones and maintain the site. The stones may have been badly weathered and may have been innocently or inadvertently destroyed. You may need to consider offering to pay for replica stones. I would urge you to pray to your ancestors for guidance on the proper course, and for any spiritual assistance they can provide. Good luck. Steve

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Answered on 12/01/03, 2:44 pm


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