Walter E. Martens & Sons, Inc.

First of all; let me address the cause of death of Mr***. Nowhere in the complaint filed with the Revdex.com do I state that Mr***'s death was a homicide. MrMarten's claiming that I am falsely claiming it was a homicide is very disturbing since his manner of death is completely irrelevant to the case at hand. However; the death is still under investigation by the Cleveland Police. Further discussion of this may jeopardize the ongoing investigation; so I will not discuss further at this point in time.Mr*** states that he offered less expensive options and that I insisted on the more expensive package. Mr*** was years old; in good health at the time of his sudden and unexpected death. His family; particularly his father and mother, were is shock and disbelief that he had passed away and a visitation and viewing was required for closure for the family. The family and estate have never refused to pay or make arrangements to pay. We are refusing to pay additional funds until the issues at hand are addressed and resolved.The night of the funeral service; a family friend was responsible for collecting funds and seeing that the funeral home, ministers and organist were paid accordingly. He paid $to the pastor, $to the organist and $to Mr***. He states that Mr*** took the cash upstairs and promised to return with a receipt which he never did.As to the missing jewelry; Mr*** claims that Myself and other family members were alone in the room and accuses us of "stealing" the jewelry. However; this is impossible since the casket was closed prior to the conclusion of the service by Mr*** himself Since the service was photographed and recorded by several family members and our pastor; we can prove that the casket was closed and access to the body would have been impossible Further; I and a family friend spoke to Mr*** about the jewelry after everyone left and he promised to return the jewelry along with the flowers the next day. When the funeral home employee delivered the flowers; he claimed to know nothing about the jewelry or even be concerned about it. He was too busy trying to gossip about the new body they had just received which was a *** delivery person who had been murdered (***'s ***) A police report has been filed with the *** *** *** concerning the missing funds and jewelry. The report number is ***.As for the incorrect address in the obituary; the funeral home acknowledges the mistake but claims it is not material because they could have gotten the correct address from the site Many of the people traveling from out of town obtained the obituary from social media links such as facebook. The printed the obituary out and drove trying to locate the incorrect address. By the time they figured out there was a problem; the service was over.Also; the errors made on the Cremation Certificate stating that Mr*** was a female instead of a male; raises serious concerns that the correct remains were returned to the family. Were Mr***'s remains and jewelry returned to the wrong family or funeral home by the ***? With so many errors; how can we be sure?We contracted Walter *** & Sons to perform a service. That service was completed sub-par and below expectations and industry standards. If we had contracted a barber to cut our hair and he shaved half our head instead of trimming the edges; they would not expect to get paid. If we retained an attorney to file legal documents and they made errors and omissions in the documents; they would not expect to be paid. This is no different. They were contracted to perform a service and that service was, by their own admission, performed sub par with many errors Mr*** and his staff showed complete contempt for the family and the deceased. When I picked up the remains from Mr***; his demeanor and handling of the remains was disturbing at the very least. He entered the room with the urn stuffed under his arm pit; dropped it on the table and slung it across the table to me like he was passing a beer to someone in a bar. During the service; the casket was supposed to be closed since it is a custom in the hispanic community. When the pastor asked Mr*** to close the casket; he argued with the pastor in front of the family and guests that is was going to be too hard to close because there were pillows that had to be removed from below the body. He finally did close the casket; but not after expressing his dissatisfaction with having to do soThe employee gossiping about other deceased persons and the condition of the body publicly as well as his belief that Mr***'s cause of death has a material bearing on this case at all; just goes to to show the level of disrespect and lack of concern for the family or the deceased. When contracting with a funeral home; the family should expect a high level of professionalism; which was not shown in this case. Families contract funeral homes at a time when they are at their deepest despair and the most vulnerable. They expect the funeral home to handle the details in a professional and accurate manner. This did not happen.Mr*** claims that a statement was mailed in July showing the balance due, That is totally false. The only documentation received was from an attorney demanding payment in full.Rather than address the issues at hand; they want to paint this picture that I am a bad guy for being forced into bankruptcy because the person that supported me financially was killed and I was forced to try and survive. In a matter of months after his death; I lost my home, my vehicle and my job. I was forced into bankruptcy to survive. And I voluntarily dismissed the bankruptcy so that I could try to negotiate with creditors rather than have them discharged without payment. The probate case was filed six months after Mr***'s death because 401K funds were discovered in his name that we were unaware of. I then contacted them to get the balance and work out arrangements to pay them; and all I get is threats and attacks in retaliation for me filing bankruptcy.This matter is also under investigation by the Ohio Board of Embalmers and Funeral Directors

DOUGLASS &  ASSOCIATESJanuary 28, 2016 SENT VIA ORDINARY MAIL AND EMAIL TO: [redacted]@cleveland.Revdex.com.org Revdex.com 2800 Euclid Avenue, 4th Floor Cleveland, Ohio 44115-2408 Attn: [redacted] Dispute Resolution Team Leader RE: Response from Our Client Walter E. [redacted] & Sons, Inc. and Walter [redacted] to Complaint filed by [redacted] Complaint ID [redacted] Our File No. [redacted]
Dear Ms. [redacted]: The undersigned represents Walter E. [redacted] & Sons, Inc. and Walter [redacted] with respect to the Complaint issued and submitted by [redacted] T. [redacted] to the Revdex.com. The purpose of this letter is to attempt to respond to the allegations and false statements that Mr. [redacted] has made and has most recently replied dated December 31, 2015. It is my Client's goal to cooperate with the Revdex.com in dealing with complaints from consumers. Please accept the same as our response to Mr. [redacted]'s complaint. In regard to improper crediting of the account, Mr. [redacted] indicates that he paid a sum of $425.00 to Walter E. [redacted] on the night of the funeral service. Walter E. [redacted] of [redacted] & Sons Inc. show no record of such payment. It is the procedure and process of Walter E. [redacted] & Sons Funeral Home, that if any sum is paid, that the sum is notated and a receipt issued to the consumer and a copy of the receipt maintained by the business so that they may perform their accounting functions. A review of the account related to the funeral services of the Decedent, indicates that no sum of $425.00 was paid. Mr. [redacted] made a down payment of $840 on June 12, 2015 and that sum was receipted. The total amount still owed with respect to the funeral bill is $3,416.00, not including interest. Pursuant to the contract for funeral services signed by Mr. [redacted], interest in the amount of 12% per annum was to be paid on the balance if the full balance was not paid within thirty (30) days from the date of the execution of the contract. The original contract was executed on June 8, 2015. On July 3, 2015, a bill was mailed to Mr. [redacted] with a breakdown of what he was being billed for with an original copy of the contract he signed and a statement reflecting the $840.00 received as well as the amount still owed on the bill. On August 11, 2015, Mr. [redacted] filed Chapter 7 Bankruptcy in the Northern District of Ohio Bankruptcy Court, Case No. 15-14554. As a result of his bankruptcy filing, Walter E. [redacted] & Sons was no longer able to forward to or request payment from him during the pendency of his bankruptcy. Mr. [redacted]'s bankruptcy was ultimately dismissed on December 21, 2015. At that time, Walter E. [redacted] & Sons attempted to contact Mr. [redacted] concerning repayment of the obligation owed. It is then, and only then, that the issues that Mr. [redacted] raises in his complaint to the Revdex.com were brought to light. In other words, once Mr. [redacted] realized that he may be liable for the payment and that [redacted] would pursue recovery of the balance, and that bankruptcy was not an option, he began to assert allegations concerning why he should not have to pay for the balance. Mr. [redacted]'s next allegation in his response, is that a Police Report was filed with the [redacted] concerning missing funds and jewelry. He claims the Report No. is [redacted]. A representative from [redacted] & Sons Funeral Home, in the presence of the undersigned counsel, contacted the [redacted], to determine if in fact such a Report existed. We were advised specifically, that the Report Number provided does not relate to what Mr. [redacted] claims. Further, we were advised that no report of this type, according to the Officer we spoke to, exists at this time. To date, there has been no contact of Walter & [redacted] & Sons by the [redacted] concerning any of these issues. In addition, with respect to the Jewelry Claim, it should be noted that as of May 18, 2015 the decedent apparently did not own any jewelry. The Revdex.com can take notice that on May 18, 2015 the decedent filed a [redacted]. As part of the Bankruptcy filing the decedent stated subject to penalty of perjury that as of May 18, 2015 he owned no jewelry (see Exhibit A which is a copy of Schedule B Public Record Filing of Decedent's Bankruptcy Petition). As you know, the decedent passed on June 5, 2015 (eighteen days after his Bankruptcy filing which indicated he did not own any jewelry). While it is possible that the decedent acquired jewelry between 5/18/15 and 6/05/15 it is not likely. [redacted] and Sons is not completely clear as to whether Mr. [redacted] is claiming that the missing jewelry was the decedent's or Mr. [redacted]'s. The above information seems to suggest that the decedent did not have any jewelry. Nevertheless, [redacted] maintains that neither Walter [redacted] nor any of [redacted]' employees would have removed the jewelry (see prior response of Walter E. [redacted] and Sons). It is our belief that said jewelry, if it existed, was removed by the family or by Mr. [redacted] just before the casket was closed (i.e. the last goodbye for the family). Please also note that when Mr. [redacted] filed Bankruptcy he indicated that he (Mr. [redacted]) only owned costume jewelry worth $20. Mr. [redacted]'s Schedule from his Bankruptcy petition filing on 8/11/15 makes no mention of other jewelry or jewelry held by another party etc.(see Exhibit B). As a result, not only does [redacted] and Sons Funeral Home dispute all allegations concerning the removal of jewelry; the undersigned as Counsel, has serious concerns about whether l) said Jewelry existed in the first place; 2) whose Jewelry it was, and what it was worth. With respect to the typo in the obituary, it is unfortunate that said typo existed. However, the obituary itself was reviewed and approved by Mr. [redacted]. Further, the obituary itself states that there is parking available off West 99th Street in Cleveland. Finally, in order to locate the obituary, a person would have to log on to the Funeral Home's website. The Funeral Home's website clearly features the Funeral Home's physical address in several areas including on the home page as well as the bottom of the website (see attached Exhibit 1 (opening page of website), Exhibit 2 (website obituary) and Exhibit 3 (directions website)). Likewise, it allows parties to obtain directions and has a phone number. Neither Walter [redacted] or Walter E. [redacted] & Sons Funeral Home, Inc. was made aware of any issues concerning people not being able to locate the Funeral Home for the service at or near the time of the services. In fact, these allegations only came to light, when payment was demanded after dismissal of Mr. [redacted]'s bankruptcy. With respect to Mr. [redacted]'s claim that an error was made on the Cremation Certificate, Walter E. [redacted] & Sons, Inc. contacted the Crematorium. Attached is a letter of explanation from the [redacted] Crematorium which details their process and also indicates that there was a typographical error made on the Cremation Certificate (see Exhibit 4). However, they have several other processes and procedures in place to assure that the remains transported by the Funeral Home to the [redacted] and then cremated and returned to the family are in fact one and the same. A revised Certificate of Cremation was issued by the [redacted] and is attached (see Exhibit 5). An original copy will be mailed to Mr. [redacted]. Please note, that Walter E. [redacted] & Sons, Inc. did not perform the cremation or issue the certificate, they merely delivered the body to the [redacted] to have the service completed. Walter E. [redacted] and [redacted] & Sons, Inc. have been in the funeral home business for numerous years. Mr. [redacted]'s allegation that contempt was shown for the family and to the deceased is unfounded, without merit, and patently false. Specifically, Mr. Marten refutes that he would sling an urn as he has never to his knowledge done so in all his years as a funeral director. Mr. [redacted] also claims in his most recent response that an attorney demanded payment from him in July. The records of [redacted] & Sons Funeral Home indicate that no attorney was engaged with respect to the balance due and owing from Mr. [redacted] at that time. Further, the undersigned was not engaged until the allegations had been made by Mr. [redacted] to the Revdex.com. Walter E. [redacted] and [redacted] & Sons, Inc. have no issue with respect to the fact that Mr. [redacted] attempted to file bankruptcy. Certainly that is his right. In fact, [redacted] & Sons honored his bankruptcy filing and did not contact him concerning payment until such time as his bankruptcy was dismissed. If Mr. [redacted] wishes to work out arrangements concerning the balance, he may contact the undersigned to do so. It is the position of Walter [redacted] & Sons that many of the allegations made by Mr. [redacted] are in fact untrue. Further, [redacted] & Sons, Inc. specifically denies removing any jewelry or taking any money without properly receipting it with respect to the services for the decedent in this matter. Finally, we are aware that Mr. [redacted] has also forwarded a complaint to the Ohio Board of Embalmers and Funeral Directors. A review of that complaint indicates that many of the same allegations made therein, are the allegations made to you. [redacted] & Sons, Inc. and Walter [redacted] previously offered to meet with Mr. [redacted] on several occasions after December 21, 2015, so as to allow him to make arrangements to pay the remaining balance. Rather than actually meet with them, Mr. [redacted] has chosen to file these complaints and make what in many instances are unfounded allegations.. Nevertheless, it is the position of [redacted] & Sons Funeral Home that they would be willing to waive any and all interest at the rate of 12% per annum on the balance that was due and owing from July 8, 2015. The remaining balance due and owing is still $3,416.00. Enclosed herein are copies of additional documents and information that you may provide to Mr. [redacted]. Thank you in advance for your cooperation and consideration in this matter. If you have any further questions, please do not hesitate to contact me. Should you wish to address any other points after receipt of this reply, please contact the undersigned. Sincerely, Sean F. B[redacted], Esq.

Ms. [redacted] Dispute Resolution Team Leader Revdex.com 2800 Euclid Avenue, 4th FloorCleveland, Ohio 44115-240813 January 2016Ms. [redacted],This letter is in reply to your letter dated Thursday, 31 December 2015 in regard to Revdex.com Complaint ID: [redacted] that was...

submitted by [redacted]. We understand that it is the job of the Revdex.com to assist consumers in handling complaints against businesses when a consumer feels that they have been wronged. It is our goal to co-operate with the Revdex.com while dealing with this complaint.Enclosed, please find our response to Mr. [redacted]'s complaint. As you were made aware in our email to your office on Monday, 11 January, this has been reviewed by our attorney who is very much involved with this case.Should, after reading our respomse, you wish to discuss any of the points we address in our reply, or wish to see documentation referenced in our response, we are willing to provide it to you, with approval from our attorney. We thank you in advance for your assistance in this matter.Best Regards,Walter [redacted] Jr.          Funeral Director                                                                                                                    Walter [redacted] & Sons Funeral HomeReply to the Revdex.com Complaint ID: [redacted])Regarding: Mr. [redacted] T. [redacted]Mr. [redacted] T. [redacted], the companion of the deceased Noel [redacted] contracted with Walter [redacted] & Sons Funeral Home, on 8 June 2015 to handle the cremation services of Mr. [redacted]. Mr. [redacted]’s death was not ruled a homicide as Mr. [redacted] continues to claim. If necessary, a death certificate stating his cause of death can be provided.       At the time of the arrangements, Mr. [redacted] informed Mr. Walter [redacted] Jr., the funeral director handling the arrangements, that he had limited funds to pay for an expensive funeral. Mr. [redacted], in acknowledgement of this, showed Mr. [redacted] several cremation packages that Mr. [redacted] would have been better able to afford. However, none of the packages were what Mr. [redacted] wanted. Instead, Mr. [redacted] selected a cremation package that included an open casket visitation, printing work and other additional goods and services that were not required for a basic cremation. On the package Mr. [redacted] selected, he made a down payment on 12 June 2015 in the amount of $840.00. Mr. [redacted] did mention that others were going to help in paying the funeral bill, however, Mr. [redacted] was the only one who signed the contract with the funeral home. Since no others signed with him, their payments were not guaranteed. On 3 July 2015, a bill was mailed to Mr. [redacted] with a complete breakdown of what he was being billed for. This was the printed version of the original contract he signed at the office on 8 June 2015. This statement also reflected the down payment, as well as the total amount still owed on this bill of $3,416.00.On 18 August 2015, the funeral home was notified that Mr. [redacted] had filed bankruptcy and the funeral home’s statement was listed in the suit. In contacting their attorney, they were told to mark the account as Bad Debt as it appeared that there was nothing the funeral home could do to obtain the remainder of the balance owed. On 22 December 2015, the United States Bankruptcy Court, Northern District of Ohio notified the funeral home that Mr. [redacted]’s Motion to Dismiss Chapter 7 had been granted. In addressing Mr. [redacted]’s complaints on file with the Revdex.com, his first complaint of the funeral home listing the wrong address in Mr. [redacted]’s death notice is correct, as in checking the notice; there is a mistype in the address listed. However, the funeral home’s website features the firm’s physical address several other places including on the homepage as well as the bottom of the website. The website also allows family members to get directions to the funeral home from the site itself. Therefore, Mr. [redacted] and Mr. [redacted]’s family and friends would have had several options in obtaining the funeral home’s address. In regard to the complaint about Mr. [redacted]’s jewelry, the firm regrets that Mr. [redacted] feels that it was stolen by the funeral home’s employees. The employees working for Mr. [redacted] have been with his firm for many years, and are trusted and held in high standards by the [redacted] Family. In checking their records, Section 13: Personal Property, which is in the State of Ohio Cremation Authorization Form, stated that the family/FD will remove what [jewelry] is to be kept. Mr. [redacted] has also stated that on the night of Mr. [redacted]’s visitation, Mr. [redacted] and several others were the last to leave the funeral home at the end of the visitation and services and Mr. [redacted] removed the jewelry at that time. The [redacted] used also confirms that there was no jewelry on Mr. [redacted]’s remains when they were presented for cremation. It was only after the funeral home requested on 28 December 2015 that Mr. [redacted] come in and sign a Promissory Note for payment that he even mentioned that Mr. [redacted]’s jewelry was missing. Mr. [redacted]’s complaint in respect to the cremation certificate from [redacted] is also correct. At the time of the cremation, the certificate did reflect Mr. [redacted] as female. However, after notifying [redacted] of their mistake, at the time of Mr. [redacted]’s email dated 28 December 2015, it was corrected and a new certificate is on file at the funeral home and the [redacted] with the manager’s sincere apologizes.  In direct regard to Mr. [redacted]’s complaint that, “Every time we try to resolve these issues with them directly, they refuse to discuss them and return threats over the balance owed for the funeral which is currently being handled through the probate court.” Mr. [redacted], has offered to meet with Mr. [redacted] at any time he wishes to meet. Mr. [redacted] was informed of this in reply to his email dated 28 December 2015. However, despite Mr. [redacted] willingness to meet, Mr. [redacted]’s response was to ignore Mr. [redacted] emailed reply and contact the Revdex.com instead. This reply was in response to Mr. [redacted]’s thinly-veiled attempt to once again appear as the victim in this matter, despite his continued attempts to avoid paying for services rendered, as he has proven with filing bankruptcy, requesting its dismissal, and then filing an estate six months and two days after Mr. [redacted]’s passing, thus making it more difficult creditors such as the funeral home to file against the estate.Lastly, it is not the nature of the funeral home to threaten the families they service with lawsuits unless it is warranted in order to collect a debt from a client unwilling to pay for services rendered. In this matter at hand, and with Mr. [redacted]’s continued attempts to avoid paying and his continued lack of communication with the staff at the funeral home in regards to his plans on paying off the account in question, it is felt that a lawsuit is warranted. In conclusion, while Walter [redacted] and his staff acknowledge that there were some mistakes in performing Mr. [redacted]’s services; those mistakes were minor enough that they did not effect the outcome of the services rendered. In fact, as Mr. [redacted] and his family left the funeral home at the end of services, they thanked Mr. [redacted] and the staff for all that they had done. Therefore, Mr. [redacted]’s request for an adjustment for the poor quality of service rendered and economic damage of lost or stolen jewelry at this point in time will not be honored. We still remain available however to discuss any aspects of this service.