Dave's Excavating

September 14, [redacted] Re: Complaint against Hawaiian Memorial Park Cemetery Case No [redacted] Ms [redacted] , This letter is to follow up with Mr [redacted] ’s continued concerns To begin with, MrS [redacted] ’s email address is [redacted] ; however, I would encourage Mr [redacted] to also speak with Justin personally, as we strive to develop a relationship with all of our familiesI hope that this personal connection will rebuild Mr [redacted] ’s confidence in us To address Mr [redacted] ’s continued concerns regarding insects on the grounds, we do understand that insects can be a nuisance, and we continue to do our best to control their intrusion of our families’ visits We will be treating the area again when the weather breaks, and are continuing to cutback the overgrowth nearby However, even with our best efforts, we cannot guaranty a complete eradication of insects in this climate Our administration office keeps repellant on hand for any of our visitors to use, and I encourage Mr [redacted] and his family to use this service whenever they visitIt is unfortunate that the employee Mr [redacted] spoke with no l***er is with us, so we are unable to provide a specific response to Mr [redacted] ’s claim that he did not receive an invoice that he was expectingHowever, we can state that when a memorial or other merchandise is purchased at the time of need, there is no invoice sent to the family, as the item is paid for at the time of the arrangement and then ordered for deliveryTypically, once a payment is made for a name plate and ordered, for example, on average it may take up to four to five weeks for the item to be custom-made and delivered In response to his request, Justin S [redacted] will be mailing a copy of all of the purchase documents to the contract purchaser I appreciate your time, patience, and understanding, and again apologize for the dissatisfaction that Mr [redacted] has experiencedWe thank Mr [redacted] for voicing his concerns as this will provide us with an opportunity to improve our customer service If you have any further questions, or wish to discuss this further, please do not hesitate to contact meThank you for your time and considerationSincerely, Jay M [redacted] PresidentHawaiian Memorial Life Plan, Ltd

Complaint: [redacted] I am rejecting this response because: While I appreciate that the company resolved some of my concerns, e.g1) placing my mother's nameplate below my father's nameplate, 2) replacing the broken vase and 3) replacing the weeds around the grave marker with grass, two of my concerns were not addressed While MrM [redacted] stated in his response that the grounds crew addressed the ant and mosquito problems, this treatment plan has not been effective When we visited the grave site on September 6, 2016, there were still live ants crawling on the marker and mosquitoes followed us to our car We were there for approximately five minutes As there seems to still be mosquito and ant problems, how will MrM [redacted] address how the area would be maintained in the future in regard to the mosquito and ant problems? Also, MrM [redacted] mentioned that there was no documentation that we contacted their staff regarding the mailing of the January 2, documents to us and the mosquito and ant problems On that date, we filled out the forms for the burial arrangements, which included stating where my mother's nameplate should be placed and also complained about the mosquito and ant problems The representative wrote on the side of that form about the mosquito and ant problems and assured us that she would report this We also requested that the bill for my mother’s marker be sent to us, which we never receivedShe did not give us a copy of the document at that time but stated that she would be mailing us a copy of that document and the bill for the markerWe never received document and the bill and called several times about this Because she did not send us the bill, the payment was delayed, which caused a delay in their mounting the nameplate in time for the burial on February 2, We also called before the burial that my niece needed a letter for her employer excusing her from work to attend the February burial and the staff did not call me regarding the status of the letter even after calling twice MrM [redacted] suggested that in the future, I call HMP Manager Justin S [redacted] if I had future concerns and gave me his phone number However, in order to avoid another situation regarding undocumented calls, please have Justin S [redacted] provide us with his email address to address future concerns.In summary, please have MrM [redacted] address the unresolved concerns regarding the continuing mosquito and ant problems, send us the January 2, documents and Justin S [redacted] ’s email address Sincerely, [redacted]

Initial Business Response / [redacted] (1000, 10, 2015/11/24) */ This email is in response to the letter Dave's Excavating received dated November 13, Case ID# [redacted] It stated a complaint was issued to the Revdex.com regarding incursions into property not permitted by the ownerMy reply is as stated below In an attempt to work out a solution with Mr [redacted] regarding his issues, I was told by him that he could not talk to meI am now and always have been willing to work out any issues with Mr [redacted] It can be seen, that on his property, I have already installed a driveway approach for Mr [redacted] with his full approval and knowledge, at no cost to him, which has an estimated value of $1,I am willing to add topsoil to the rocky section of ditch at no cost to Mr [redacted] if neededI am also willing to reimburse Mr [redacted] the loss of hay, he might have experienced due to excavation work completed near or on his property If you or Mr [redacted] should have any further questions, please feel free to contact me either by email at [redacted] @jetup.net or by phone at [redacted] Thank you for giving me the opportunity to reply to this issue, Sincerely, David E [redacted] Dave's Excavating Initial Consumer Rebuttal / [redacted] (3000, 12, 2015/12/01) */ (The consumer indicated he/she DID NOT accept the response from the business.) I find the excavator's reply very interesting as he did not address the main reasons for the conflict No construction easement The excavation of only feet in easement Excavation over the boundary line It is not a good policy to hold a conversation with a person who may be involved in a law suit against youI will talk with him and his employer only when there is a creditable witness The excavator did rework the approach because he created a berm that impeded my access to the county roadThis access is used to haul bug round bales and it was steep enough for them to roll off the back of the trailer I asked his employer to rectify this situationI did not bring this up to him, his employer did The issue of top soil was created by the excavator excavating feet into my property for 600+ feetIs he willing to replace the topsoil that he excavated from my property and reseed the strip? The width of the excavation of the foot easement runs from feet to feet, for feet, according to what I can determineThey didn't leave the survey markersThey could also remove the excavated rocks along the easement and fill in the erosion taking placeThe current strips are not conducive to agriculture The fact that the excavator said he was willing to reimburse me for the hay implies that he knows that he was excavating on my property("on or near") I am willing to meet when there is a creditable witness The issue of the hay is minor except for how it affects the ASCS office and the payments Final Business Response / [redacted] (4000, 14, 2015/12/11) */ This email is in response to the letter Dave's Excavating received dated December 2, Case ID# XXXXXXXX regarding issues and disagreement of response to complaintMy reply is as stated below I am more than willing to place topsoil and seed where needed I am also willing to remove rocks and fill washouts with topsoil I would also like to meet with Mr [redacted] to discuss which areas need atttention If you or Mr [redacted] should have any further questions, please feel free to contact me either by email at [redacted] @jetup.net or by phone at XXX-XXX-XXXX Again, Thank you for giving me the opportunity to reply to this issue Sincerely, David E [redacted] Dave's Excavating

Complaint: [redacted] I am rejecting this response because:MrM [redacted] ’s response to my continued concerns regarding our grave site in Hawaiian Memorial Park Garden of Reveries is unacceptable While MrM [redacted] stated that he encourages me to speak directly with Manager Justin S [redacted] , no one at Hawaiian Memorial Park (HMP) is taking responsibility for not mailing us the documents as promised at the time we were speaking to them to arrange my mother’s inurnment Instead, MrM [redacted] said in an earlier response that they found no record of me ever speaking with the HMP staff and in his most recent response saying that HMP is unable to provide a specific response to my “claim” that the documents were not received as promised because the employee I spoke to is no l***er working for them These are excuses and does not show a willingness that HMP accepts responsibility for the oversight According to the Memorial and/or Base Order form that I finally received on September 16, 2016, the counselor that I discussed my mother’s nameplate placement was Monique Burgess, employee number The form confirms that my mother's nameplate was supposed to be placed below my father's name instead of to the right This was the document that MsBurgess promised that she would send to me.Regarding the ant and mosquito problem, MrM [redacted] stated that they cannot “guaranty a complete eradication of insects in this climate” and that their administration office keeps repellent on hand for visitors to use Spraying our bodies with repellent is toxic and is not a healthy alternative to HMP resolving the ant and mosquito problem by consulting with a professional pest control company as I requestedInstead, HMP is leaving it to the discretion of the maintenance crew, who are not licensed in professional pest eradication My wife and I also recall discussing the ant and mosquito problem with MsBurgess and she showed us a note she wrote on the side of the form regarding the ant and mosquito problem That information is not on the form that I received For the record, we complained about the mosquito and ant problems and other maintenance issues on numerous occasions prior to via text message to and from sales representative Cathy W [redacted] and she told us each time that she would report these problems In addition, during the initial consultation, Cathy W [redacted] should have been more truthful in disclosing the entire amount that it would cost and the problems with the grave site, including ant and mosquito problems in that area She gave a verbal quote of between $12,- $14,for two plots that will hold eight urns but did not disclose the cost of other merchandise or services, because she wanted to make the cost seem reasonable and make the sale This quote was far less than the actual closing cost of $29, In addition, we paid $4,for five additional nameplates on September 13, and $1,for my mother’s nameplate on March 14, 2016, for a total cost of $34, During the initial purchase, as Cathy W [redacted] assured me that prices for merchandise does not go up that often, we opted to not purchase the additional nameplates at that time The cost of a nameplate in was $vsthe $1,that we paid in 2016, for an increase of $HMP has a responsibility to the customer to disclose the true costs that may be incurred, including giving a current price list of merchandise and services.Regarding the broken vase, while we are glad that the vase was replaced, there was no reason given about how the vase could have been severely damaged In his earlier response, MrM [redacted] stated that HMP Management spoke to the maintenance crew regarding “the need to take more care with maintaining landscaping as well as immediately repairing any damaged areas when heavy machinery was used” However, no mention was made that Management spoke with the maintenance crew about immediately reporting damaged merchandise to the supervisor regardless whether the damage was caused by heavy machinery or other reasons, e.g., vandalismEven if the maintenance crew did not cause the damage, it is their responsibility to report damages truthfully and immediately instead of waiting for a complaintHow can we be assured that this will not happen again and if it does, who will be responsible for paying for the damage? The fact remains that HMP still needs to address the following issues: 1) Make procedural improvements to prevent oversight errors and documenting of complaints, e.g., not mailing forms as promised, 2) disciplinary action for the employee’s failure to follow the Memorial and/or Base Order form indicating where my mother’s name should have been placed, 3) make improvements to maintenance crew procedures regarding reporting of damages to the grave site merchandise regardless of vandalism or employee responsibility, 4) consulting with a licensed professional pest control company on the ant and mosquito problem rather than leaving it to the discretion of the maintenance crew, who are not currently licensed professionals in the field of pest control, 5) revise procedures for sales staff to include disclosures on the true costs and any problems with the grave site, e.g., pests.Until these issues are addressed, we have no confidence that anything will change Due to the continued issues with the ants and mosquitoes, visiting our loved ones at HMP is not the pleasant and enjoyable experience that we had anticipated and we regret making the purchase Sincerely, [redacted] and [redacted] Sincerely, [redacted]

Initial Business Response /* (1000, 10, 2015/11/24) */
This email is in response to the letter Dave's Excavating received dated November 13, Case ID# *** It stated a complaint was issued to the Revdex.com regarding incursions into property not permitted by the ownerMy reply is as stated
below
In an attempt to work out a solution with Mr*** regarding his issues, I was told by him that he could not talk to meI am now and always have been willing to work out any issues with Mr***It can be seen, that on his property, I have already installed a driveway approach for Mr*** with his full approval and knowledge, at no cost to him, which has an estimated value of $1,I am willing to add topsoil to the rocky section of ditch at no cost to Mr*** if neededI am also willing to reimburse Mr*** the loss of hay, he might have experienced due to excavation work completed near or on his property
If you or Mr*** should have any further questions, please feel free to contact me either by email at ***@jetup.net or by phone at***
Thank you for giving me the opportunity to reply to this issue,
Sincerely,
David E***
Dave's Excavating
Initial Consumer Rebuttal /* (3000, 12, 2015/12/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I find the excavator's reply very interesting as he did not address the main reasons for the conflict
No construction easement
The excavation of only feet in easement
Excavation over the boundary line
It is not a good policy to hold a conversation with a person who may be involved in a law suit against youI will talk with him and his employer only when there is a creditable witness
The excavator did rework the approach because he created a berm that impeded my access to the county roadThis access is used to haul bug round bales and it was steep enough for them to roll off the back of the trailer I asked his employer to rectify this situationI did not bring this up to him, his employer did
The issue of top soil was created by the excavator excavating feet into my property for 600+ feetIs he willing to replace the topsoil that he excavated from my property and reseed the strip? The width of the excavation of the foot easement runs from feet to feet, for feet, according to what I can determineThey didn't leave the survey markersThey could also remove the excavated rocks along the easement and fill in the erosion taking placeThe current strips are not conducive to agriculture
The fact that the excavator said he was willing to reimburse me for the hay implies that he knows that he was excavating on my property("on or near")
I am willing to meet when there is a creditable witness
The issue of the hay is minor except for how it affects the ASCS office and the payments
Final Business Response /* (4000, 14, 2015/12/11) */
This email is in response to the letter Dave's Excavating received dated December 2, Case ID# XXXXXXXX regarding issues and disagreement of response to complaintMy reply is as stated below
I am more than willing to place topsoil and seed where needed
I am also willing to remove rocks and fill washouts with topsoil
I would also like to meet with Mr*** to discuss which areas need atttention
If you or Mr*** should have any further questions, please feel free to contact me either by email at ***@jetup.net or by phone at XXX-XXX-XXXX
Again, Thank you for giving me the opportunity to reply to this issue
Sincerely,
David E***
Dave's Excavating