Pro Bono Work Helps Preserve Black History

Pictured: Bailey Miller, Jacob Brenner, Volunteers from Crispus Attucks, Frank Countess, Esq

In 1872, Lebanon Cemetery was established as the first burial ground dedicated to providing Black residents of York County with a dignified final resting place. It currently stands as the oldest and one of the largest active African American cemeteries in York County. Until about the 1960s, York County practiced segregated burial practices. Prior to Lebanon Cemetery’s existence, people of color and indigent residents were often buried in the overcrowded Potter’s Field, where William Penn High School stands today. The land for Lebanon Cemetery, which was then far outside of town, was gifted in 1872 and graves from Potter’s Field were subsequently relocated.

The preservation of this historic cemetery is crucial to both our community and within the broader context of Black history. Over the years, the cemetery struggled to maintain the grounds and faced legal issues as it had never been appropriately registered as a cemetery with the PA Department of State nor paid taxes via its nonprofit association status. Thanks to the volunteer efforts of Jeff Kirkland, Lebanon Cemetery Past President, Samantha Dorm, Lebanon Cemetery President, Tina Charles and Jenny DeJesus Marshall, Friends of Lebanon Cemetery leadership, Frank Countess, Pro Bono Solicitor, among others, restoration and legal organization of the cemetery have made significant strides. Samantha, Tina, and Jenny will be honored at the 2024 Four Chaplains Breakfast for their contributions to the restoration of Lebanon Cemetery and preservation of the stories of those laid to rest.

In January, Attorney Frank Countess of CGA Law Firm received the PBA Pro Bono Award for his efforts in pro bono service to and preservation of Lebanon Cemetery. Frank has served as the Pro Bono Solicitor for the Board of Directors for 5 years and volunteers personal time towards the preservation of the property. Frank shared further insight into the cemetery's significance, the legal challenges, and his pro bono efforts. 

How did you first become involved with Lebanon Cemetery?

I was first contacted by Jeff Kirkland about 5 years ago. Jeff is a great local African American historian and was the Chair of the Board of Directors for the cemetery. When he asked if I could help, how could I say no?

Can you explain the legal challenges that Lebanon Cemetery faced?

In its entire history, the cemetery had never filed a tax return. For decades, there had not been a full complement on the Board of Directors. The cemetery was operating under 4 different variations of the name. The bank records were tied to a deceased individual and address who passed away 10-15 years ago. There were no state filings whatsoever, and we were in violation of probably half a dozen different federal and state regulations. We were selling lots but were not a licensed cemetery with the PA Real Estate Commission. It was the ultimate law school final exam question as it included everything but the kitchen sink. After 32-years as a lawyer, I felt like I was the right guy for the case, especially being a real estate broker as well. We had 160-years worth of catchup to do.

What is the status of the cemetery now?

In 2019, restoration work began in the cemetery. Due to erosion, parts of the cemetery are in danger of falling into a parking lot, gravestones have been covered by ground and debris, bricks that were originally used as grave markers have been eroded, and there is not an accurate burial map. Once our board, corporate records, tax returns and filings with the state are up to date, the next step is a capital campaign to bring in a company that can do ground penetrating radar to update burial records. Over the past five years, we have raised money and accomplished a lot of good things but most importantly, the awareness in the community is increasing.

My favorite project was the cleanup of the big pile of rubbish. North York Borough contacted the cemetery because neighbors were complaining about an enormous 50-year pile of rubbish behind their buildings. Attorney Walt Tilley contacts me, hoping not to fine the cemetery, but instead requesting a letter be sent within 30-days with a plan to clean up the trash. I thought we could do even better than that and remove everything within 30 days. So, I contributed a pickup truck and the labor of two kids from York Suburban, and with volunteers from Crispus Attucks, we cleared the pile. It’s about civility. With a fine, the only thing that would have happened is that the cemetery would have less money.

Why do you believe it's important for our community to preserve Lebanon Cemetery?

For several reasons—history, genealogy, and military records. There are many people who passed away long before 1872 buried in the cemetery. You’ll see there are veterans going back to the War of 1812. Additionally, while most of the churches in York had their own cemeteries, Black churches did not and would bury everyone here. So, it’s really significant for religious reasons as well. 

What has been the most rewarding aspect of your involvement with Lebanon Cemetery?

The historical knowledge that I’ve attained just from being part of it and hearing all the stories of those interred at Lebanon Cemetery. The second thing would be the cleanup with the boys. It was literally the hottest two weeks of the summer; the heat index was at least 100 for 10 of those 14 days. We filled twenty-one truckloads and over 7,000lbs of debris. It was brutal.

Are here opportunities for others to get involved?

Friends of Lebanon Cemetery has a website with endless volunteer opportunities: cemetery maintenance and repairing headstones, they have an extensive volunteer effort calendar. Financial contributions would be helpful just to keep the operations going. Learn more about Lebanon