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Walter EMartens & Sons

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Reviews Walter EMartens & Sons

Walter EMartens & Sons Reviews (2)

Ms [redacted] *** Dispute Resolution Team Leader Revdex.com Euclid Avenue, 4th FloorCleveland, Ohio 44115-January 2016Ms***,This letter is in reply to your letter dated Thursday, December in regard to Revdex.com Complaint ID: [redacted] that was submitted by [redacted] * [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 wrongedIt is our goal to co-operate with the Revdex.com while dealing with this complaint.Enclosed, please find our response to Mr [redacted] 's complaintAs you were made aware in our email to your office on Monday, 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 attorneyWe 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 June to handle the cremation services of Mr [redacted] ***Mr [redacted] ***’s death was not ruled a homicide as Mr [redacted] continues to claimIf necessary, a death certificate stating his cause of death can be provided At the time of the arrangements, Mr [redacted] informed MrWalter [redacted] Jr., the funeral director handling the arrangements, that he had limited funds to pay for an expensive funeralMr [redacted] , in acknowledgement of this, showed Mr [redacted] several cremation packages that Mr [redacted] would have been better able to affordHowever, none of the packages were what Mr [redacted] wantedInstead, 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 cremationOn the package Mr [redacted] selected, he made a down payment on June in the amount of $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 homeSince no others signed with him, their payments were not guaranteedOn July 2015, a bill was mailed to Mr [redacted] with a complete breakdown of what he was being billed forThis was the printed version of the original contract he signed at the office on June This statement also reflected the down payment, as well as the total amount still owed on this bill of $3,416.00.On August 2015, the funeral home was notified that Mr [redacted] had filed bankruptcy and the funeral home’s statement was listed in the suitIn 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 owedOn December 2015, the United States Bankruptcy Court, Northern District of Ohio notified the funeral home that Mr [redacted] ’s Motion to Dismiss Chapter had been grantedIn 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 listedHowever, 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 websiteThe website also allows family members to get directions to the funeral home from the site itselfTherefore, Mr [redacted] and Mr [redacted] ***’s family and friends would have had several options in obtaining the funeral home’s addressIn 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 employeesThe employees working for Mr [redacted] have been with his firm for many years, and are trusted and held in high standards by the [redacted] FamilyIn 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 keptMr [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 timeThe [redacted] used also confirms that there was no jewelry on Mr [redacted] ***’s remains when they were presented for cremationIt was only after the funeral home requested on December that Mr [redacted] come in and sign a Promissory Note for payment that he even mentioned that Mr [redacted] ***’s jewelry was missingMr [redacted] ’s complaint in respect to the cremation certificate from [redacted] is also correctAt the time of the cremation, the certificate did reflect Mr [redacted] as femaleHowever, after notifying [redacted] of their mistake, at the time of Mr [redacted] ’s email dated 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 meetMr [redacted] was informed of this in reply to his email dated December However, despite Mr [redacted] willingness to meet, Mr [redacted] ’s response was to ignore Mr [redacted] emailed reply and contact the Revdex.com insteadThis 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 renderedIn 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 warrantedIn 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 renderedIn 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 doneTherefore, 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 honoredWe still remain available however to discuss any aspects of this service

DOUGLASS & ASSOCIATESJanuary 28, SENT VIA ORDINARY MAIL AND EMAIL TO: [redacted] @cleveland.Revdex.com.org Revdex.com Euclid Avenue, 4th Floor Cleveland, Ohio 44115-Attn: [redacted] *** Dispute Resolution Team Leader RE: Response from Our Client Walter E [redacted] & Sons, Incand Walter [redacted] to Complaint filed by [redacted] Complaint ID [redacted] Our File No [redacted] Dear Ms***: The undersigned represents Walter E [redacted] & Sons, Incand Walter [redacted] with respect to the Complaint issued and submitted by [redacted] T [redacted] to the Revdex.comThe purpose of this letter is to attempt to respond to the allegations and statements that Mr [redacted] has made and has most recently replied dated December 31, It is my Client's goal to cooperate with the Revdex.com in dealing with complaints from consumersPlease accept the same as our response to Mr [redacted] 's complaintIn regard to improper crediting of the account, Mr [redacted] indicates that he paid a sum of $to Walter E [redacted] on the night of the funeral serviceWalter E [redacted] of [redacted] & Sons Incshow no record of such paymentIt 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 functionsA review of the account related to the funeral services of the Decedent, indicates that no sum of $was paidMr [redacted] made a down payment of $on June 12, and that sum was receiptedThe total amount still owed with respect to the funeral bill is $3,416.00, not including interestPursuant 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 contractThe original contract was executed on June 8, 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 $received as well as the amount still owed on the billOn August 11, 2015, Mr [redacted] filed Chapter Bankruptcy in the Northern District of Ohio Bankruptcy Court, Case No15-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 bankruptcyMr [redacted] 's bankruptcy was ultimately dismissed on December 21, At that time, Walter E [redacted] & Sons attempted to contact Mr [redacted] concerning repayment of the obligation owedIt is then, and only then, that the issues that Mr [redacted] raises in his complaint to the Revdex.com were brought to lightIn 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 balanceMr [redacted] 's next allegation in his response, is that a Police Report was filed with the [redacted] concerning missing funds and jewelryHe claims the Report Nois [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 existedWe were advised specifically, that the Report Number provided does not relate to what Mr [redacted] claimsFurther, we were advised that no report of this type, according to the Officer we spoke to, exists at this timeTo date, there has been no contact of Walter & [redacted] & Sons by the [redacted] concerning any of these issuesIn addition, with respect to the Jewelry Claim, it should be noted that as of May 18, the decedent apparently did not own any jewelryThe Revdex.com can take notice that on May 18, the decedent filed a [redacted] As part of the Bankruptcy filing the decedent stated subject to penalty of perjury that as of May 18, 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, (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/and 6/05/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] 'sThe above information seems to suggest that the decedent did not have any jewelryNevertheless, [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.ethe 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 $Mr [redacted] 's Schedule from his Bankruptcy petition filing on 8/11/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 worthWith respect to the typo in the obituary, it is unfortunate that said typo existedHowever, 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 ClevelandFinally, in order to locate the obituary, a person would have to log on to the Funeral Home's websiteThe 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 (opening page of website), Exhibit (website obituary) and Exhibit (directions website))Likewise, it allows parties to obtain directions and has a phone numberNeither Walter [redacted] or Walter E [redacted] & Sons Funeral Home, Incwas 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 servicesIn fact, these allegations only came to light, when payment was demanded after dismissal of Mr [redacted] 's bankruptcyWith respect to Mr [redacted] 's claim that an error was made on the Cremation Certificate, Walter E [redacted] & Sons, Inccontacted the CrematoriumAttached 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 sameA 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, Incdid not perform the cremation or issue the certificate, they merely delivered the body to the [redacted] to have the service completedWalter E [redacted] and [redacted] & Sons, Inchave been in the funeral home business for numerous yearsMr [redacted] 's allegation that contempt was shown for the family and to the deceased is unfounded, without merit, and patently falseSpecifically, MrMarten refutes that he would sling an urn as he has never to his knowledge done so in all his years as a funeral directorMr [redacted] also claims in his most recent response that an attorney demanded payment from him in JulyThe 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 timeFurther, the undersigned was not engaged until the allegations had been made by Mr [redacted] to the Revdex.comWalter E [redacted] and [redacted] & Sons, Inchave no issue with respect to the fact that Mr [redacted] attempted to file bankruptcyCertainly that is his rightIn fact, [redacted] & Sons honored his bankruptcy filing and did not contact him concerning payment until such time as his bankruptcy was dismissedIf Mr [redacted] wishes to work out arrangements concerning the balance, he may contact the undersigned to do soIt is the position of Walter [redacted] & Sons that many of the allegations made by Mr [redacted] are in fact untrueFurther, [redacted] & Sons, Incspecifically denies removing any jewelry or taking any money without properly receipting it with respect to the services for the decedent in this matterFinally, we are aware that Mr [redacted] has also forwarded a complaint to the Ohio Board of Embalmers and Funeral DirectorsA review of that complaint indicates that many of the same allegations made therein, are the allegations made to you [redacted] & Sons, Incand 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 balanceRather than actually meet with them, Mr [redacted] has chosen to file these complaints and make what in many instances are unfounded allegationsNevertheless, 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, The remaining balance due and owing is still $3,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 matterIf you have any further questions, please do not hesitate to contact meShould you wish to address any other points after receipt of this reply, please contact the undersignedSincerely, Sean FB***, Esq

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