COMMON\ATEALTH OF MAS SACHUSETTS

1,1 f"Et
HAMPSHIRE, ss, SIIPEzuOR COIIRT DEPARTMENT
CTVIL ACTION NO. HSCVZOI4.
COMMONWEALTH OF
MASSACHUSETTS,
Plaintiff,
v.
RYDER FTINERAL HOME, iNC.
and WILLIAM W. R\DER,
Defendants,
PtrOPLESBANCORP, MHC,
Trustee-Defendant.
COMPI,AIN'T
r. srATEn4ENl' r
TU
CASE
1. The Commonwealth of Massachusetts, by and through its Attorney General,
Martha Coakley, brings this complaint pursuant tt: the Massachusetts Consumer Protection Act,
G. L. c. 93A, agarnst defendants Ryder Funeral Home, Ine. and William W. Ryder (collectively
"l)efendants"), for unfair or deceptive acts or practices. Defendants vioiated G, L. c. 934,
$
2,
by: (1) failing to take steps to prevent unembalmed bodies from decomposition; (2) failing to
follow consumers' directions regarding funera1 arrangements and the disposition of human
remains; (3) failing to properly maintain pre-need contracts and arrangements; (4) failing to
purchase pre-need insurance policies with consumers' pre-need deposits; (5) failing to increase
the coverage of pre-need insurance policies with consumers' pre-need deposits; (6) failing to
sF
I ?2st4
}AMPSHIRE
SUPERIOR COURT
HARRY JEKAI'IOWSKI, JR
CLEAK/MAGISTRAT
establish funeral trust accounts with consumers' pre-need deposits; (7) misappropriating
consumers' pre-need deposits for purposes other than those expressly authorized by the related
pre-need contracts; (8) delaying consumers' selection of a new benef,rciary of consumers' whole
life insurance policies; (9) failing to send consumers with pre-need contracts notice of any
proposed cessation of Ryder Funeral Home, Inc.'s operations; and (10) otherwise failing to
comply with the laws and regulations applicable to funerai homes, embalmers, and funeral
directors. Defendants closed Ryder Funeral Home, Inc. and surrendered their licenses after
being cited for numerous statutory and reguiatory violations, including those listed above.
However, Defendants have failed to account for or refund at least $342,639
in pre-need deposits
that consumers paid to them because Defendants misappropriated and dissipated these firnds.
The Commonwealth is seeking immediate injunctive relief through a Temporary Restraining
Order as well as attachments of real estate and attachments on trustee process. In addition to
injunctive relief, the Attorney General is seeking restitutionior all those injured by Defendants,
civil penalties, and the costs of investigating and prosecuting this acio, including reasonable
attorneys'fees.
rr. JrrRrDIrIqN
2. This Court has
jurisdiction
over the subject matter of this action pursuant to G. L.
c.934,
$
4, and G. L. c. 214,
5
I.
3. This Court has personal
jurisdiction
over Defendants in this action pursuarrt to
G. L. c. 223A,

3.
4.
c.223,

5.
III. VENUE
Venue is proper in Hampshire County pursuant to G. L. c. 93A,
$
4, and G. L.
IV. PARTIES
5. The Plaintiff is the Commonweaith of Massachusetts (hereinafter, "the
Commonwealth"), represented by its Attorney General, Martha Coakley, who brings this action
in the public interest pursuant to the authority granted her under G. L. c. 934,
$
4.
6. Defendant Ryder Funeral Home, Inc. ("Ryder Funeral Home") is a Massachusetts
for-profit corporation u'ith a former principal place of business at33 Lamb Street, South Hadley,
Massachusetts. It was formerly a Massachusetts licensed firneral establishment.
7. Defendant William V/. Ryder ("Ryder") is a natural person residing at 99 Alvord
Street, South Hadley, Massachusetts. William Ryder is listed as a Director as well as the
President and Treasurer of Ryder Funeral Home in Ryder Funeral Home's most recent annual
report filed with the Secretary of the Cornmonwealth. He is also one of its o\^iners along with
other family members. William Ryder was formerly a Massachusetts licensed embalmer and
Type 3 funeral director and, as such, was responsible for operating Ryder Funeral Home.
8. Trustee Defendant PeoplesBancorp, MHC, also known as PeopiesBank, is a
banking institution with a principal place of business at 314 High Street, Holyoke, Massachusetts
01040. One or more defendants, including Ryder Funeral Home, maintains at least one bank
account at PeoplesBank. The Commonwealth includes this parly solely to request that the Court
issue a Summons for Trustee Process to PeoplesBank and command PeoplesBank to attach
assets held for Defendants.
V. STATEMENT OF FACTS
.
9. The allegations in this complaint are supported by multiple affidavits, which are
.
attached as follows:
a. Attachment 1 : Affidavit of Christopher Carroll, Chief lnvestigator
:
at the Massachusetts Division of Professional Licensure, with Exhibits A-
G (Sept. 5,2074), hereinafter "Carroll Aff."
b. Attachment 2: Affidavit of Robert Williams, Investigator at the
Massachusetts Division of Professional Licensure (Sept. 8,2014),
hereinafter "Wil1iams Aff."
c. Attachment 3: Affrdavit of Dedrie Cusson, consumer, with
Exh-ibits A-C (Sept. 8,20I4),hereinafter "Cusson Aff."
d. Attachment 4: Aff,rdavit of Richard Steward, Investigator with the
Attorney General's Office, with Exhibits A-E (Sept. 10,2014), hereinafter
"Steward Aff."
Background
10. The professions of embalming and funeral directing are governed by G. L. c. 13,
$$
29-31 and G. L. c. 1i2,
$$
61-65E and 82-87 .
i 1 . General Laws c. 13,
$
29, establishes a Board of Registration in Embalming and
Funeral Directing (the "Board") that is within the Division of Professional Licensure (the
"Division') pursuant to G. L. c. 73,
$
9(b)
12. Pursuant to G. L. c. lI2,
$
85, the Division has promulgated the following
regulations related to funeral establishments, embalmers, and funeral directors: 239 CodeMass.
Regs.
$
3.00 (Registration Requirements; Standards of Business and Professional Practice);239
Code Mass. Regs.
$
4.00 (Pre-Need Funeral Contracts and Arrangements); 239 Code Mass.
Regs.
$
5.00 (Continuing Education).
13. The Board is responsible for ensuring that funeral homes located within the
Commonwealth comply with state regulations and laws governing the operation of fimeral
l
establishments. See G. L. c. 112,
$
85.
74. Embalmers and funeral directors must be registered and licensed by the Board
pursuant to G. L. c.II2,
$
83, and 239 Code Mass. Regs.
$
3.02.
15. Funeral directors must conduct business at a firneral establishment that is
registered and licensed by the Board pursuant to G. L. c. 112,
$
83.
76. Ryder Funeral Home was a registered and licensed funeral establishment located
at33 Lamb Street in South Hadley, Massachusetts. Carroll Aff.
113
& Ex. A.
17 . Ryder Funeral Home filed its Articles of Oryantzation with the Secretary of the
Commonwealth in 1964. Steward Aff.
T
3 & Ex. A.
18. Ryder owns stock in Ryder Funeral Home. Carroll Aff.
T
4 & Ex. B.
19. Ryder is the President, Treasurer, and a Director at Ryder Funeral Home as set
forth in its most recent Annual Report filed with the Secretary of the Commonwealth, which was
filed June 10,2013. Steward Aff.
T
4 & Ex. B.
20. Ryder was registered and licensed as an embalmer and funeral director. Carroll
Aff.ll.11 s-6 &, Exs. C-D.
2L At all times relevant to this complaint, Ryder was responsible for the management
and day-to-d,ay operations of Ryder Funeral Home. Williams Aff.
113.
Conditions Discovered in May 20L4
22. On May 27,2014, an investigator with the Division, Robert Williams
("Wi11iams"), received a phone cali expressing concems about how Ryder Funeral Home was
handling bodies. Williams Atr
'1T4.
23. On May 28,2074, Williams went to Ryder Funeral Home and spoke to Ryder. At
that time, Williams inspected the premises and discovered seven (7) human bodies that were not
being properly stored and were in varying states of decomposition. Williams Atr
Tli
5-10.
24. Specifically,Williamsobserved:
a. a badly decomposed body in an un-air-conditioned room, which had been at
Ryder Funeral Home since May I,20I4;
b. an unembalmed body that had been at Ryder Funeral Home since May 22,2014,
and was located in an un-air-conditioned room;
c. an unembalmed body that smelled of decomposing flesh, which had been at
Ryder Funeral Home since May 20,2014;
d. an unbagged and unembalmed body in the embalming roorn that had arrived at
Ryder Funeral Home on May 22,2014:
e. an embalmed body in the garage that had its face covered with a wet sheet and
had been at Ryder Funeral Home since May 22,2014;
f. an embalmed body that was left out in the embalming room; and
g. an embalmed body in the viewing room that had been left there after the
completion of cailing hours.
Williams Aff.
llfl
6-10.
25. Wiltiams also noted that the offrce was in disarray. There was paperwork strewn
about and there did not appear to be any effective organtzation system. Williams Aff.
T
11.
26. Williams left Ryder Funeral Home, and when he retumed, two additional bodies
had been delivered. One had been placed in the garage and another in a back room. Williams
Atr
1T
t2-r3.
27. Williams reviewed the paperwork associated with the bodies at Ryder Funeral
Home and found it was readily deficient in many ways. For example, it was missing
instructions, signatures, and supplemental identification, and some of the documents appeared to
be altered. V/illiams Atr
T
15.
License Suspension and Surrender
28. On May 30,2014,the Board suspended Defendants' licenses, finding a
suspension necessary to prevent an immediate and serious threat to the public health, safety, or
welfare, pursuant to G. L. c. 172,
$
658. Carroll Aff.
1T
12.
29. In its Temporary Order of Suspension and Notice of Hearing, the Board found
that Defendants had committed the following violations:
a. failing to maintain the proper paperwork for nine decedents;
b. failing to properly handle-including, but not limited to, failing to timeiy bury or
cremate-nine decedents
;
c. failing to take the appropriate steps to prepare unembalmed bodies to defend
against offensive odors and decomposition in violation of 239 Code Mass. Regs.
$$
3.10(2) and 3.10(7);
d. failing to follow the specific terms of pre-need funeral contracts in vioiation of
239 Code Mass. Regs.
$
3.09(1);
e. failing to properly maintain funeral pre-need contracts and arrangements in
violation of T9 Code Mass. Regs.
$$
4.02 and 4.12;
f. failing to be fair with present or prospective customers with respect to quality of
service in violation of 239 Code Mass. Regs.
$
3.13(15);
g. failing to provide safe and healthful working conditions for all employees in
violation o1239 CodeMass. Regs.
$
3.i3(17);
h. failing to comply with G. L. c. 112,
$$
82-81, and239 Code Mass. Regs.
$$
3.00-
5.00:
i. engaging in fraud, deceit, and/or misrepresentation in vioiation of 239 Code Mass.
Regs.
$
3.13(18);
j
engaging in unprofessional conduct in violation of G. L. c. lI2,
$$
61 and 84, and
239 Code Mass. Regs.
$
3.13(24); and
k. engaging in unprofessional conduct and conduct that undermines public
conhdence in the integnty of the funeral services profession.
Carroll Aff.
T
13 & Ex. E.
30. Defendants waived a hearing on the suspension and revocation of their licenses
and agreed to the srunmary suspension. Carroll Aff.
T
15 & Ex. F.
31. On July 2,2014, Defendants signed a Voluntary Surrender Agreement in which
they permanently surrendered their licenses and acknowledged that "sufficient facts exist that
wouldmerittheBoard'sconclusionl...]thattherehasbeenaviolationof G.L. c.772,
$$
61 and
84, as well as, 239 CMR 3.09(1), 3.I\Q),3.10(7), 3.13(15), 3.13(18), 3.13(21),3.73(24),4.02,
and4.I2;' Carroll Atr
I
16 & Ex. G.
32. Defendants did not provide consumers with notice of the closure of Ryder Funeral
Home.
Pre-Need Contracts and Deposits
33. As a part of their business model, Defendants helped consumers plan funerals in
advance of the death of the covered consumer, See Williams Aff.
'1lT
18-19, 2I, &.23. These
arrangements were reflected in pre-need firneral contracts, which are regulated by the Division.
See239 Code Mass. Regs
$
4.00,
34. Pre-need funeral contracts can be financed through funeral trust accounts, pre-
need insurance policies, and./or traditional life insurance policies. 239 Code Mass. Regs.
$
a.02(a)(c).
35. Defendants offered to purchase pre-need insurance policies for consumers from
Columbian Mutual Life Insurance using consumers' funds. Williams Aff.TT I8,27, &,23.
36. Consumers gave Defendants funds for the purchase of pre-need insurance
policies. Defendants accepted these funds and represented to consumers that the funds would be
used to purchase pre-need insurance policies. Williams Aff.
TIT
18,27, &,23.
37. Defendants failed to purchase pre-need insurance policies for consumers and
failed to otherwise comply with the accounting and recordkeeping requirements set forth in the
Division's regulations. See 239 Code Mass. Regs
$$
4.02,4.08,4.10, &.4.I2. W|friams Aff
'rllfl
t5 &,27.
38. Defendants also failed to increase the vaiue of consumers' pre-need insurance
policies when consumers gave Defendants additional firnds for this purpose. Williams Atr.n22.
39. Defendants offered to establish fneral trust accounts for consumers at
PeoplesBankusing consumes'funds. W'illiams Aff,
1l1T
19,27, &,23.
40. Consumers garre Defendants funds for establishing funeral trust accounts.
Defendants accepted these funds and represented to consumers that the fimds would be deposited
I
in funeral trust accounts for consumers.
'Williams
Aff.
IT
I9,2I, &,23.
41. Defendants failed to establish funeral trust accounts for consumers and failed to
otherwise comply with the accounting and recordkeeping requirements set forth in the Division's
regulations. See239 Code Mass. Regs
$$
4.02, 4.08,4.09, &.4.12, Williams Aff.
TT
15 &.21.
42. Defendants misappropriated consumers' firnds for their own use.
43. After Defendants surrendered their licenses, Williams staffed a consumer hotline.
Williams was contacted by many of Defendants' pre-need contract consumers. Williams Aff.
n20.
44. In order to determine for whom Defendants had purchased pre-need insurance
policies and established funeral trust accounts,'Williams obtained a list from Columbian Mutual
Life Insurance of all the consumers for whom Ryder Funeral Home had purchased pre-need
insurance policies as well as a iist from PeoplesBalk of all the consumers for whom Ryder
Funeral Home had established pre-need funeral trust accounts. Williams Aff.
T
18-19.
45. To date, Wiiliams has been contacted by 60 consumers who made pre-need
arrangements with Defendants but were on neither the list of pre-need insurance policies from
Columbian Mutual Life Insurance nor the list of funeral trust accounts at PeoplesBank.
'Williams
Atr
lT
21,
46. To date, \I/illiams is also aware of three (3) consumers who gave Defendants
funds to increase the value of an existing pre-need insurance policy, but for whom Defendants
never increased the value of the existing pre-need insurance policy. Williams
^tr.
n22.
47. Williams has obtained paperwork from most of these consumers documenting the
pre-need arrangements they made with Defendants.
.Wiiliams
Atr
.lT23.
48. Based on this information, Williams believes the total amount of money these
10
consumers paid to Defendants for pre-need arrangements is at least 9342,9.r
Wiliams Aff.
n24.
49. Defendants have not accounted for consumers' missing pre-need deposits,
insurance policies, or firneral trust accounts. See Cusson Aff.
11
13.
50. Defendants have not offered consumers refunds for the frmds Defendants
accepted but did not use to purchase either pre-need insurance policies or establish funeral trust
accounts. See Cusson Aff.
T
13.
51. Since Ryder Funeral Home closed, Defendants have also delayed granting
permission to consumers to select a ne\ry beneficiary on whole life insurance policies that name
Ryder Funerai Home as the beneficiary for the purpose of paying for funeral services upon the
consumers' deaths.
52. In June 2014, after Defendants closed Ryder Funeral Home, Ryder transferred
property known as 114 Norwich Lake in Huntinglon, Massachusetts, which was recently
assessed at $155,400, for consideration of less than $100. Steward Aff.
'1T6
& Exs. D & E.
53. Another funeral home has offered to prnchase Ryder Funeral Home's location and
its offer has been accepted. The closing will be on or about September 75,2014. V/illiams Aff.
n26.
Dedrie Cusson
54. A representative example of one consumer harmed by Defendants is Dedrie
Cusson ("Cusson"),
55. Cusson met with Ryder in December 2009 and signed a pre-need contract for
1 On information and belief, Columbian Mutual Life Lrsurance may provide coverage to consumers who have
documents reflecting that they purchased a pre-need insurance policy through Ryder Funeral Home but for whom
Ryder Funeral Home never purchased said policy. If it does so, Columbian Mutual Life Insurance may be owed
some portion of the restitution. Williams Aff.
!f
25.
11
goods and services for her elderly aunt's future funeral. Cusson Aff.
'1lT
4,6, &.8.
56. Cusson paid Defendants $9,530.00
pursuant to this pre-need contract. Ryder told
Cusson that the pre-paid fimds would be deposited into a special account and that they would
eam interest. Cusson Aff.
llfl
9 &. 11,.
57. After Cusson made these arrangements, Defendants never communicated with her
again. She never received any statements or accountings from Defendants or any other entity
related to the pre-paid funds. Cusson Aff.
I
12.
58. After Cusson heard that Ryder Funeral Home had closed, she spoke to Williams.
Witliams informed her that her aunt's name was not on the list of those individuals for u'hom
Defendants had established pre-paid frineral trust accounts. Cusson Aff.
fl
14.
VI. C.USES OF ACTION
Count 1
Violations of G. L. c. 934,
$$
2(a) and 4
59. The Commonwealth realleges paragraphs 1 through 58 of the Complaint as if
each were firlly set forth herein.
60. The Massachusetts Consumer Protection Act, G. L. c.93A (the "Act"), prohibits
unfair methods of competition and unfair or deceptive acts or practices in the conduct of any
trade or cotmerce. Section 2(c) of the Act grants the Attorney General power to make rules and
re gulations interpreting the statute.
61. The Attomey General has promulgated a number of regulations further defining
certain acts or practices as unfair or deceptive under G. L. c. 934,
$
2(a). Among these
reguiations are the General Regulations, 940 Code Mass. Regs.
$
3.00. Section 3.16 of title 940
72
of the Code of Massachusetts Regulations provides that:
'Without
limiting the scope of any other rule, regulation or statute, an act or practice is a
violation of M.G.L. c.93A,
$
2 if: (1) It is oppressive or otherwise unconscionable in any
respect; or
[...]
(3) It fails to comply with existing statutes, rules, regulations or laws,
meant for the protection of the public's health, safety, or welfare promulgated by the
Commonwealth or any political subdivision thereof intended to provide the consumers of
this Commonwealth protection . . .
62. Pursuant to the Board's authority, as set forth in G. L. c. 112,
$
85, the Board
promulgatedz3g Code Mass. Regs.
$$
3.00 through 5,00 for "the betterment and promotion of
the standalds of service and practice to be followed in the profession of embalming and funeral
directing." These regulations are intended for the protection of the public's health, safety, and
welfare, and are intended to protect consumers who purchase funeral home services.
63. Defendants have violated G. L. c.93A,,
$
2(a), and the regulations promulgated
thereunder, including 940 Code Mass. Regs.
$
3.16(1) & (3), by engaging in various unfair or
deceptive acts or prac.tices, incLuding, br-rt not limitecl to:
a. mishandling at least nine (9) human bodies entrusted to them by consumers in
violation of 239 Code Mass. Regs.
$$
3.09-3.12;
b. failing to follow consumers' directions regarding frrneral arrangements and the
disposition of human remains in violation of 239 Code Mass. Regs.
$
3.09;
c. failing to properly maintain pre-need contracts and arrangements in violation of 239
Code Mass. Regs.
$$
4.02 and 4.12;
d. failing to purchase pre-need insurance policies with consumers' pre-need deposits in
violation of 239 Code Mass. Regs.
$$
4.08 and 4.10;
e. failing to increase the coverage of pre-need insurance policies with consumers' pte-
need deposits in violation of 239 Code Mass. Regs.
$$
4.08 and 4.10;
13
f. failing to establish funeral trust accounts with consumers' pre-need deposits in
violation of 239 Code Mass. Regs.
$$
4.08 and4.09
g. missappropriating consumers' pre-need deposits for purposes other than those
expressly authorized by the related pre-need contract in violation of 239 Code Mass.
Regs.
$
4.08;
h. delaying consumers' selection of a new beneficiary of consumers' whole life
insurance policies in cases where consumers had previously selected Ryder Funeral
Home;
i. failing to send consumers with pre-need contracts notice of ariy proposed cessation of
Ryder Funeral Home's operations in violation of 239 Code i\4ass. Regs.
$
4.03; and
j
otherwise failing to comply with the laws and regulations applicable to funeral
homes, embalmers, and funeral directors.
64. Ryder is personally liable for these violations. See 239 Code Mass. Regs.

3.13(22) ("The Type 3 funeral director and embalmer who serves as the chief eecutive offrcer
or chief operating offrcer of any funeral establishment licensed by the Board shall be responsible
for any and all acts or omissions of any person who holds an ownership interest in, or is
employed by, the funeral establishment, and may be disciplined by the Board for . . . violations
of 239 CMR 3.00 through 5.00, M.G.L. c.II2,
$$
61 through 654 or 82 through 87.").
65. Defendants knew or should have known that the foregoing conduct was in
violation of the Commonwealth's laws and regulations governing the operation of firneral
homes, embalming, and the profession of funeral directing, as well as G. L. c. 934,
$2.
66. The Commonweaith is seeking a temporary restraining order against Defendants.
The temporary restraining order is necessary to ensure that Defendants do not dissipate or move
t4
assets in an attempt to avoid paying any
judgments
against them, which might include restitution
and civil penalties. Accordingly, the injunctive relief is sought in the public's interest. Pursuant
to G. L. c.93A,
$
4, the Commonwealth is not required to notify all Defendants of its intent to
commence an action against them pursuant to G. L. c. 934 nor offer the Defendants an
opporlunity to meet with the Attorney General's designee to discuss the proposed action in
advance of its fling.
PRA\'ER F'OR RELIEF
WI{EREFORE, the Commonwealth respectfully requests relief as follows:
1. That the Court enter an ex parte temporary restraining order enjoining and
restraining Ryder Funeral Home, Inc. and William W. Ryder as well as their officers, agents,
servants, employees, and attorneys and those persons in active concert or participation with them
who receive actual notice of the order by personal service or otherwise, from:
a. Transferring, pledging, selling, mortgaging, assigning, encumbering, or in any
way disposing of ownership or custody of any real or personal assets, whether tangible or
intangible, that Ryder Funeral Home, Inc. and/or Wiltiam W. Ryder owns or controls
individualiy or in any capacityincluding, without limitation, all real property wherever
located, including the real estate known as 33 Lamb Street, South Hadley, Massachusetts,
allfunds, all accounts, including brokerage accounts and fi.ineral trust accounts, all
securities, all filneral equipment, all offrce and household furnishings, except as may be
needed for necessary and usual living expenses as determined by this Court;
b. Dissipating, concealing, or removing from the Commonwealth any pre-need
deposits, or commingling any of the pre-need deposits with other monies;
15
c. Destroying, concealing, altering, defacing, or transferring any pre-need deposit
records or any other documents related to Defendants' business; and
d. Engaging in the profession of embalming or funeral directing, performing funeral
services, and accepting consumer deposits.
2. That the Court ssue ex parte Writs of Attachment in the amount of $500,000,
attachingany and all real estate owned by either Ryder Funeral Home, Inc. or William Ryder
located in the Commonwealth.
3. That the Court issue ex parl Summonses and Attachments on Trustee Process to
Trustee-Defendant PeoplesBancorp, MHC to ensure that any money or other assets of either
Defendant held by Trustee-Defendant, including accounts on which either Defendant is a
signatory, trustee, or beneficiary,be attached and secured up to $500,000, and further requiring
the Trustee-Defendant to restrict any expenditure from either Defendant's accounts consistent
with the Summonses. The Commonwealth reserves the right to seek additional amounts in
restitution, penalties, and additional reliet according to evidence attrtal.
4. That the Court issue an Order of Notice to Defendants to show cause why a
preliminary injunction should not issue against him,
5. After a hearing, that the Court issue a preliminary injunction incorporating the
terms in the Temporary Restraining Order and further order Ryder Funeral Home, lnc. and
William W. Ryder as well as their offrcers, agents, servants, employees, and attorneys and those
persons in active concert or participation with them who receive actual notice of the order by
personal service or otherwise, to:
(A) within ten (10) days of the date of the preliminary injunction, provide an accounting
under the pains and penalties of perjury to Plaintiff of all of Defendants' pre-need contract
t6
consumers, including the consumer's name, address, telephone number, pre-need contract,
documentation of pre-need deposits, documentation of purchased pre-need insurance policies or
funded funeral trust accounts, and documentation of the current location of all pre-need deposits;
and
(B) within ten (10) days of the date of the preliminary injunction, provide an accounting
under the pains and penalties of perjury of Defendants' assets including, but not limited to, a
listing of all accounts of any kind, including, but not limited to, securities, brokerage, checking,
savings, or certificate of deposit accounts, with the amount in each account or the value of the
assets therein, the account number, the name under which the account is held, and the name and
iocation of the institution where the account is held.
6, After a trial on the merits, that the Court enter an Order requiring Defendants to
provide restitution to all harmed consumers, including consumers for whom Ryder Funeral
Home, Inc. and William'W. Ryder accepted pre-need deposits and failed to provide the services
or refunds, and to reimburse the legal fees and costs incurred by those consumers in connection
with their efforts to obtain a transfer and/or refund of their pre-need deposits pursuant to G. L.
934,
$4;
7. After a trial on the merits, that the Courl enter an Order requiring Defendants to
pay penalties to the Commonwealth of not more than $5,000 for each violation of G. L. 934,
$4,
as well as the Commonwealth's reasonable costs of the investigation and litigation of this case,
including reasonable attorneys' fees; and
I]
8.
equitable.
Dated: September 12, 2Al4
That this Court grant such other and further relief as this Court deems
just
and
Respectfully Submitted,
COMMONWEALTH OF MAS SACHUSETTS
MARTHA COAKLEY
ATTORNEY GENERAL
462)
Ofce of the Attorney General
1350 Main Street, 4dFloor
Springheld, Massachusetts 0 1 1 03
(47t) s23-7710 (t)
(413) 784-1244 (f)
ann. lynch@state.ma.us
l8
Attachment 1
COMMONWEALTH OF MAS SACHUSETTS
HAMPSIIIRE, ss. SIIPERIOR COURT DEPARTMENT
CryIL ACTION NO. HSCVZOI4-
coMMoNwEALTH OF
)
MASSACHUSETTS,
)
)
Plaintiff,
)
)
v.)
)
R\IDER FI]NERAI HOME, INC.
)
and WTLLIAM V/. RYDE&
)
)
.
Defendants,
)
)
PEOPLESBANCORP, MHC,
)
)
Trustee-Defendant.
)
nmlDavtr or cHRrsroprmnN. cARRor,L
I, Christopher N. Carroll, on my oath hereby depose and state as follows:
1. The facts in this aff,rdavit are based on either personal knowledge or records regularly
maintained by the Division of Professional Licensure (the "Division").
2. I am an lnvestigator and Chief of the Office of Lrvestigations for the Division. I
investigate matters for several of the Boards of Registration that are within the Division. As part
of my duties, pursuant to G. L. c.712,
$
85, and 239 Code Mass. Regs.
$
3.05, I conduct
investigations and inspections for the Board of Registration in Embalrring and Funeral Directing
(the "Board"). I also supervise other investigators working for the Division.
3. Ryder Funeral Home, lnc. ("Ryder Funeral Home") was a licensed and registered funeral
establishment
@stablishment
Certifi.cate No. 46) located at33 Lamb Street in South Hadley,
Massachusetts. A copy of the establishment certificate issued to Ryder Frineral Home is attached
as Exhibit A.
4. ln Decemb er 1983, Myron Ryder transferred stock in Ryder Funeral Home to Williarn
Ryder ("Ryder"). Documentation of this transfer is attached as Exhibit B.
5. Ryder was registered as a funeral director in 1983. The certification of his registration is
attached as Exhibit C.
6. Ryder's license to act as a firneral director and embalmer (License No. 3-6028) was most
recently renewed with the Board in January 2014. A copy of the Renewal Application is
attached as Exhibit D.
7. On May 28,2014, Robert Williams ("Williams"), an investigator with the Division,
notified me that he had received a telephone callregarding Ryder Funeral Home. He inforrned
me that he had been to Ryder Funeral Horne and obser-ved seven human bodies that were not
being properly handled, including one that had been at Ryder Funeral Home sinee May 1,2AI4,
and had not been properly stored, embakned, andlor cremated.
8. I instructed him to go back to Ryder Funeral Home and secure the site until the
appropriate authorities arrived there.
9. I contacted Sharon Hart ("Hart") of the South Hadley Board of Health about the situation.
10. I also contacted the Northwestem District Attorney, David Sullivan, who referred rne to
Assistant District Attomey, Steven Gagne ("Gagne").
11. It is my understanding that Hart and Gagne met with Division investigators, Williarns,
Matthew Runge, and Alan Van Tassel, at Ryder Funeral Home on May 28,2074, to stabilize the
situation on the premises.
72. On May 30,2014,the Board suspended Ryder Funeral Home's and Ryder's licenses,
finding a suspension necessary to prevent an immediate and serious threalto the public health,
safety, or welfare, pwsuant to G. L. c. II2,
$
658.
13. Lr its Temporary Order of Suspension and Notice of Hearing (attached as Exhibit E), the
Board found that Ryder Funerai Home and Ryder had committed the following violations:
a. failing to maintain the proper paperwork for nine decedents;
b. failing to properly handle-including, but not limited to, failing to timely bury or
cremate-nine decedents
;
c. failing to take the appropriate steps to prepare an unembalrned body to defend
against offensive odors and decomposition in violation of 239 Code Mass. Regs.
$S
3.10(2) and 3.10(7);
d. failing to follow the specific terms of a pre-need funeral contract in violation of
239 Code Mass. Regs.
$
3.09(1);
e. faiiing to properly maintain funeral pre-need contracts and arrangements in
violationof 239 Code Mass. Regs.
$$
4.02 arrd4.72;
f. failing to be fair with present or prospective customers with respect to quatity of
service in violation of 239 Code Mass. Regs.
$
3.13(15);
g. failing to provide safe and healthful working conditions for all employees in
violation of 239 Code Mass. Regs.
$
3.13(17);
h. failing to compiy with G. L. c. i 12,
$$
61-65A and 82-81, and239 Code Mass.
Regs.
$$
3.00-5.00;
i. engaging in fraud, deceit, and/or misrepresentation in violation of 239 Code Mass'
Regs.
$
3.13(18);
j.
engaging in unprofessionai conduct in violation of G. L. c. 172,
$ $
61 and 84, and
239 Code Mass. Regs.
$
3.13(2a); and
k. engaging in unprofessional conduct and conduct that undermines pubiic
confidence in the integrrty of the frmeral services profession.
14. An Investigator with the Division, Alan Van Tassel, served the suspension to Ryder
Funeral Home and Ryder at an on-site, follow-up meeting on May 30,2014.
i5. Ryder Funeral Home and Ryder waived a hearing and agreed to the sunmary suspension
(attached as Exhibit F),
16. On July 2,2074, Ryder Funeral Home and Ryder signed a Voluntary Surrender
Agreement (attached as Exhibit G) in which they acknowledged "sufficient facts exist that would
merittheBoard'sconclusionl...] thattherehasbeenaviolationof G.L. c.712,$$61 and84,as
well as, 239 CMR 3.09(1), 3.l0Q),3.10(7), 3.13(15), 3.13(1 8),3.13(21),3.13(24), 4'02, ar
4.r2;',
17. The Division started to receive numerous calls from consumes regarding pre-need
arrangements made through Ryder Funeral Home. I instructed Williams to staff a hotline set up
to respond to these inquiries and keep track of consumers whose pre-need contracts may have
been mishandled by Ryder Funeral Horne and Ryder.
-r{t
Signed under the pains and penalties of perjury this
' th
day of September, 2014.
-Jrrn.W
Christopher N. Carroll
Division of Professional Licensure
Exhibit A
The Csmmonweslh of Ma,ssclrusetts
Board of Ernbaknrng and Fune,ral Directing
TUNE,R.L E ST,BLISHIVIENT
This oertificate is issued fo the Furoral stablishmest kno'r'n as
Ryder Fwner'sl Hsyffie, lnc
Estnlishrnen Number: 65 I
Record f{awber: 46
I-oeated t 33 Lamh Street City or Town South Hadle3. For the purpose of conducting a firneral business.
This estbli.shrnent has bee,rr dulyrecorded as a licensed- Funeral Establishment iu ascordace uri-thprovisions of Chapter
112 of the Geneml Laws as amended.
This certifite sbll remain in force indefiuiter:u1ess revoked by the Board or
until f.here has been a chnge in the ownership of the establishment rvhich shall aufomaticaiiy cancel fhis certifi"cate.
CERTTFICATE MUST BE COT{SPICUUSLY ISPLAYD .T THE ABVE LOCATIN AND
IMMEDLTTELYRETIIRNED T THE B.-R.D UFON REQUEST
C.TE IS N

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