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Fraud charges filed against former Oak Lawn Cemetery owner

CUMBERLAND TOWNSHIP, ADAMS COUNTY, Pa. — James Delaney, the former owner of an Adams County cemetery, faces felony charges of Theft By Deception, after hu...

CUMBERLAND TOWNSHIP, ADAMS COUNTY, Pa. -- James Delaney, the former owner of an Adams County cemetery, faces felony charges of Theft By Deception, after hundreds of complaints were received by the Cumberland Township Police Department.

Delaney lost ownership after defaulting on a loan, but allegedly took money from customers who paid for various funeral or burial items they never received.

He's now charged with Theft By Deception, which may only come as a small consolation to his many alleged victims.

Thanks to Oak Lawn Memorial Gardens unofficial caretakers like Roxey Sebastian, who tends to her father's gravesite, the cemetery is a far cry from what it used to be under Delaney's ownership.

"My dad was particular about his lawn, he was really fussy about his lawn, and I guess that's why I do it, it's for him," Sebastian said.

Hundreds brought complaints to the Cumberland Township Police Department about Delaney's cemetery before he lost it in a sheriff's sale.

Adams County Sheriff James Muller said, "I've been getting numerous calls from people, that have no recourse in where they're going from here. They may be out anywhere from a couple hundred dollars, to a name plate, to $8,000 or $9,000 for plots that they put out."

"My last call to Mr. Delaney was about perpetual care, they paid for that, and he told me that 'no, this lawn wasn't part of perpetual care,'" Sebastian said.

Adams County District Attorney Brian Sinnett filed Theft By Deception charged against Delaney for defrauding nearly 700 people for money paid for burial items such as grave markers, headstones or caskets, which were never received.

"It is accurate to say that the defendant fraudulently deceived people who were attempting to make burial plans for themselves and their loved ones out of more than a million dollars," Sinnett said.

Oak Lawn is under new ownership, but new charges may not fix the underlying problems for many who've lost loved ones, as well as their money.

"It may seem like some satisfaction that they finally filed charges against this gentleman, but are they going to get their money back that they lost, no, they're still out their money and these are people that are maybe at a stage in their life where they thought they had everything taken care of," Sheriff Muller said.

"I'll be satisfied if Mr. Delaney goes to jail, that's the only time I'll be satisfied," Sebastian said.

Delaney faces seven years in prison for the Theft By Deception charge, as well as one year for violating Pennsylvania's Future Interment Law.

"Fraudulently deceiving people as to the matters of their final resting place, and those of their loved ones, is something as deplorable and gut wrenching as any theft I have handled," Sinnett said.

Cumberland Township Police Lt. Tim Guise and Detective Stephen Higgs spearheaded the investigation.

Cumberland Township Police Chief Donald Boehs said it was a huge investigation for the department which only has 12 officers who had to field nearly 700 complaints.

Anyone who believes they may be a victim should contact Cumberland Township Police or fill out the "Oak Lawn Cemetery Reporting Form" online.

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