ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, October 24, 1994                   TAG: 9410240089
SECTION: VIRGINIA                    PAGE: C1   EDITION: METRO 
SOURCE: TODD JACKSON STAFF WRITER
DATELINE: ROCKY MOUNT                                 LENGTH: Medium


PLOT SWAP ANGERS CEMETERY'S ATTORNEY

Attorney Eric Ferguson remembers the day he was appointed by a judge to try to resolve the financial mess that was Franklin Memorial Park.

"May 23rd, 1991,'' he says without hesitation.

By his own account, Ferguson didn't know much about the cemetery business at the time.

But he went to work with the help of others interested in the cemetery's survival.

Ferguson held meetings with emotional plot-holders who didn't know if they would get what they paid for.

To whittle down a $700,000 trust fund shortfall, he used a get-tough approach with the present and past owners of the cemetery, located between Rocky Mount and Boones Mill on U.S. 220. The owners had not deposited appropriate amounts of money in accounts required by state law to ensure the future stability of a cemetery.

Ferguson later filed for bankruptcy when it became apparent the shortfall couldn't be dissolved any other way.

He kept chipping away, though, overseeing the completion of a plot survey of the cemetery and sending out deeds to many creditors.

The cemetery was released from Chapter 11 status by a U.S. Bankruptcy court in August, and Ferguson set his sights on finding a buyer for Franklin Memorial Park - the largest for-profit cemetery in Franklin County.

He finally sensed a pleasant end to the three-year ordeal.

Until ... the letter returned.

The letter recently was sent to some Franklin Memorial Park plot owners by another Franklin County cemetery, Mountain View Memorial Park in Boones Mill. The same letter was circulated in February.

"At first, I just decided to let it go," Ferguson said. "But a man brought me a copy of another one just a couple of days ago, and I felt compelled to do something."

The letter tells the plot owners that Mountain View Memorial Park "shares your concern over recent events including the bankruptcy filing by Franklin Memorial Park." It goes on, "As it stands now, no one is absolutely certain who will care for the grounds and existing graves."

The letter then offers Franklin Memorial Park plot owners "peace of mind" if they exchange their certificates of membership for a lot in Mountain View's bronze section and a one-time charge of $62.50. Evergreen Burial Park in Roanoke - under the same ownership as Mountain View - also will honor the space exchange, the letter states.

Ferguson said he wouldn't be surprised if Mountain View was trying to buy up enough plots at Franklin Memorial to gain ownership. At the very least, Ferguson says, the letter is undermining his hard work during the past three years.

But Don Wilson, general manager of Mountain View and Evergreen Burial Park, says the offer was prompted by concern about the feelings of Franklin Memorial lot owners.

The most recent mailing went out this month.

Wilson said "at least" 20 people have taken advantage of the offer.

"We're not trying to go in the back door," he said. "The offer is nothing more than what it says."

Wilson said he has no plans for the 20-or-so plots Mountain View now owns in Franklin Memorial Park.

When asked if Mountain View or Evergreen Burial Park is financially strapped, Wilson said no.

He also said he expressed some interest in Franklin Memorial Park when Ferguson began looking for a buyer months ago, but nothing materialized.



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