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As the new millennium approached, Marlyn and Herbert Harris found themselves surrounded by a lively group of grandchildren, an adventurous lifestyle filled with travel, and a deep, enduring love in their marriage that had lasted for many years, giving them countless reasons to cherish life.
Despite those fortunes, the couple from Northeast Philadelphia couldn't shake their thoughts about mortality.
In 2001, they took the initiative to organize their funeral plans ahead of time, choosing their headstones and burial sites, and crucially, settling the payment for the entire package in advance.
However, Marlyn Harris is currently grappling with the loss of her 95-year-old husband, who passed away in January 2024. On top of her grief, she is facing a demand to pay hundreds of dollars for burial services that she thought had been settled over twenty years ago.
Five years after Wertheimer Monuments became the subject of an Inquirer investigation for failing to deliver monuments to grieving customers, the embattled Upper Darby company and its owner, Larry Moskowitz, are again the recipients of consumer complaints, according to state prosecutors.
Ernest Petersen, the president of the Pennsylvania Cemetery Cremation and Funeral Association, remarked that although cases like Harris' are uncommon, they do occur in the funeral industry. He noted that monument companies often face less regulation compared to cemeteries and funeral homes.
Customers persisted in voicing their grievances regarding Wertheimer well beyond the 2020 report by The Inquirer; it wasn't until last year that the Pennsylvania Attorney General's Office took action against the monument company's questionable business practices.
Although Harris faced a request for payment twice, others have voiced their frustrations over excessive delays in receiving headstones for their loved ones, in addition to experiencing inadequate communication from the company during their difficult emotional periods.
At the same time, ongoing issues with Wertheimer, established in 1929 and recognized as one of Philadelphia's final significant institutions honoring the Jewish community, continue to cause distress for clients such as Harris.
Settled completely
As Herbert Harris' yahrzeit approaches—a significant death anniversary in Jewish tradition—Marlyn Harris is expected to unveil his monument. However, the grave of the Korean War veteran is still without a marker.
“I light my candles every Friday evening for the Sabbath, and I used to express my gratitude by saying, ‘Thank you, God, for blessing me with a husband like mine,’” Harris shared. “Now, my prayer has changed to, ‘God, please let him find peace in rest.’”
In her Northeast Philadelphia apartment, adorned with family photographs, 84-year-old Harris beams when she reminisces about her late husband. She recalls how his relaxed outlook on life remained constant, even during his formal career as a tax agent.
The pair married in 1965, traveled to exotic destinations based on suggestions from her husband’s beloved National Geographic, and shared three children and seven grandchildren.
Marlyn Harris vividly remembers the surprise she felt last March upon receiving a bill from Wertheimer asking for two extra checks amounting to over $900.
According to the latest invoice, Harris not only owed Moskowitz $65 for an artistic depiction of the inscription on Herbert's monument, but also $850 to King David Cemetery in Bensalem for the base that would secure Herbert Harris' monument at his gravesite.
Nonetheless, on her Wertheimer invoice from 2001, there is a stamp that says “PAID IN FULL” placed next to her payment of $1,635.
Further down on the document, it states: "This includes the foundation, lettering, and full installation at the cemetery."
Moskowitz, who acquired Wertheimer in 2018 and also possesses Har Jehuda Cemetery in Upper Darby, indicated that the prior ownership of the monument company was to blame for the misunderstanding.
“Moskowitz mentioned to The Inquirer, 'They never set aside the funds to provide it later on.'”
Moskowitz mentioned that since covering the foundation expenses out of his own funds wasn't practical, he was requesting Harris to issue the check to King David.
When Moskowitz acquired the company, Harris' arrangement was among approximately 125 exceptional prepaid burial orders.
The business owner acknowledged that he was aware of the liabilities he was assuming at the time, but he had anticipated that they would be distributed over many years. However, he noted that they arrived “all at once,” which has partly led to the recent delays experienced by customers.
Prosecutors intervene
Harris isn't the sole customer expressing frustration with Wertheimer.
Although Harris Silver's father passed away in 2021, he mentioned that it took a year and nine months for Moskowitz's company to secure a headstone.
According to Silver, he made several attempts to reach out to Moskowitz over the course of eight months, but did not receive any response. Moskowitz indicated that he favors email communication with customers rather than phone calls.
“He constantly delays me and keeps postponing,” Silver remarked, reflecting on his growing anxiety to reveal his father's grave before his father's widow passes away.
Silver is convinced that Wertheimer only fulfilled his order after he lodged complaints with both the Bucks County District Attorney's Office and the consumer complaint division of the Attorney General's Office.
Prosecutors acted last summer when Attorney General Michelle A. Henry’s office accused Wertheimer Monuments of failing to provide headstones to dozens of customers and to issue them refunds.
A settlement reached in August between Henry's office and Wertheimer mandates that Moskowitz address the existing problems. It stipulates that Moskowitz must provide future monuments within an eight-month timeframe from the date of purchase, along with a directive to complete 105 pending orders within six months.
According to the settlement, Moskowitz has until February 17 to fulfill his obligations; if he does not comply, he may face an additional penalty of $25,000 on top of the $2,000 fine he has already received.
"I'm determined to get all these monuments delivered; that's my objective," Moskowitz stated regarding the backlog. He also noted that the delays are partly due to the outdoor sandblasting company he works with, which is not operational during the winter months.
"I don't go through my daily routine just to witness countless unmarked graves or to observe people anxiously awaiting their purchases," Moskowitz stated, mentioning that he felt capable of creating approximately 32 monuments each month under the best circumstances.
In the meantime, additional repercussions are accumulating.
Suzanne Townsend, the manager of King David Cemetery, mentioned that Harris' grievance was not unique to the Bensalem site, as at least two additional families faced comparable problems with pre-paid funding involving Wertheimer, along with other families encountering significant delays.
In the case involving Harris, Townsend stated that the cemetery had not received the foundation funds from Wertheimer in 2001, which Moskowitz is now asking her to pay to the cemetery.
The overwhelming number of grievances prompted Townsend to take drastic action, prohibiting Moskowitz from engaging with clients at the cemetery.
"Townsend remarked, 'He still owes families significant monuments that he hasn't provided for years. I can't allow him to continue this with any more families here.'"
The potential dangers of pre-paying for burial services
Petersen, the president of the Funeral Association, believes that approximately one-third of individuals who plan burial services make these arrangements several years ahead of time rather than at the moment of passing.
In contrast to monument companies, state regulations mandate that funeral homes and cemeteries must place those funds into a trust. This ensures that the money is available either to cover the services when needed or to provide a refund in the event that a customer decides to cancel their order.
But some organizations have abused their access to these large piles of cash, such as the Fayette County funeral home director the Attorney General’s Office charged in 2018 for stealing more than $284,393 in pre-need funeral funds from senior citizens.
Petersen stated that he was unaware of any similarities between the situation at Wertheimer and other incidents, although he compares the unrest to a cautionary message for individuals contemplating making an advance payment.
"Petersen mentioned that certain consumer organizations advise, 'It's wise to make your pre-arrangements, but refrain from pre-funding.'"
In the days leading up to the anniversary of Herbert's passing this week, Marlyn Harris experienced a familiar sense of regret, yet she remains resolute in her decision to contest the extra charge.
"I wish for him to find peace," Harris expressed, "and I can't shake the feeling that I'm not paying proper tribute to him."
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