No idea why, but I don't think it was drugs. Tomaszewski and his company Acme Holdings are in the midst of federal bankruptcy proceedings and his former funeral home property and catering facility are for sale. That's when Genesee County Coroner Jeff McIntire received a call from the estranged stepdaughter of Peter Vandetta, a 20-year Army veteran, who died in April 2018. For anybody who allegedly lost money to Tomaszewski through means other than fraud -- consider the petit theft charges he's facing -- any potential restitution there will be considered unsecured debt, meaning those possible victims will be among the last to get repaid, Brown said. No charges have been filed but are likely and will be added to the list of charges already placed against Tomaszewski. Winds WSW at 10 to 20 mph. Turner offers assistance to customers of Tomaszewski. The criminal complaintindicates the majority of customers lost from more than $2,000 up to $15,500 each. Add pricing info, Have the price list for this funeral home? The two cases Graff has confirmed involved a veteran who should have been interred at the Bath National Cemetary -- for free -- and the remains of Evangeline Elsie Young. Asked if a County Court judge to order restitution paid first, Brown gave an emphatic, "no.". In his ruling, Judge Carl L. Bucki cited a section of federal bankruptcy law that says a debtor cannot discharge any debt that was the result of fraud or misrepresentation. It's just more out of the pocket than in. 2728-30 East Allegheny Avenue, Michael S. Tomaszewski, 49, pleaded guilty to third-degree grand larceny, first-degree scheme to defraud, first-degree offering a false instrument for filing and to a public health law violation. District Attorney Lawrence Friedman said his office could not comment on a pending investigation until charges are filed. BATAVIA A second body has been discovered at Michael S. Tomaszewski Funeral Home & Cremation Chapel, Genesee County Sheriff's Department confirmed. Feel free to contact me at. But what happened next is muddled by the funeral director's contradictory stories to the Youngs and to Lang. The 48-year-old funeral director is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. He made us very comfortable throughout the whole process. Three new orders in the bankruptcy case of Michael Tomaszewski put 19 more of his victims at the front of the line -- at least as far as the bankruptcy proceeding goes -- for getting at least some of their money back from his scheme to divert funeral deposits to his own expenditures. "There are people here who have been hererepeatedly, victims who want to address the court," Zambito told Ader. He followed up with Tomaszewski and McIntire said the funeral director assured him he had taken Vandetta's remains to Bath and he could provide him with the grave coordinates. If there is a religious preference, make sure that Tomaszewski Funeral Home can accommodate your religious practices before, during and after the funeral ceremony and at any graveside service. She said he told her the cousin who was supposed to handle arrangements never contacted him with instructions on how to proceed. The Youngs said they didn't want Eva cremated, at least not at the time the baby may have been cremated. Michael Tomaszewski of Batavia was sentenced Wednesday on charges. To send flowers to Edward C Tomaszewski Inc Funeral Home please visit our "I suspect there are lawyers who have been going around talking to different people, some people have probably already reached out to an attorney. Graff wouldn't elaborate other than to confirm the investigation into the remains of a baby and a veteran. In the gallery, there were a couple of dozen victims who came to court expectingTomaszewski to finally be sentenced. That rule applies for all debts paid for 90 days prior to filing for bankruptcy and until the bankruptcy case is resolved. After the ID was confirmed, a cousin apparently authorized the return of the remains of Vandetta to Tomaszewski, who published Vandetta's obituary on Aug. 6, 2019, with services to be held at the funeral home on Aug. 11. He is scheduled to be sentenced for his crimes on July 13 and at which time he will agree to pay restitution to his victims. In June, Tomaszewski was arrested following a lengthy investigation into claims that he was using money paid to him for pre-arrangements for other purposes. "(His involvement in the community) was simply a way of gaining trust, to be the good guy, to make friends, 'then you will come and giveyour money and I will take it.' Any help in this would be deeply appreciated. Rather than reorganizing his debt, Michael S. Tomaszewski, the local funeral director also facing more than 200 criminal charges, is now seeking to dismiss all of his debt. The passing of our mother was devastating yet Michael really took time to assist us every step of the way. You have permission to edit this article. The investigation into remains being stored at the Michael S. Tomaszewski Funeral Home & Cremation Chapel, and possibly at Tomaszewski's adjoining properties, began in January 2019. A licensed funeral director will assist you in making the proper funeral arrangements for your loved one. To this day, Zachariah and Danielle Young, of Darien Center, really don't know what happened to the remains of their stillborn daughter, Evangeline Elsie. Based on their conversation with county officials -- which includes an interview the Sheriff's Office -- the Youngs suspect the box of ashes they received is too light to contain the remains of a once nine-pound baby. This Ever Loved listing has not been claimed by an employee of the funeral home yet. "My client isn't some sort of Bernie Madoff character who is stealing money in this Ponzi and living lavishly. Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, faces more than 200 charges stemming from accusations that he took moneyfrom customers who intended to prepay for funerals and, instead of depositing the money in appropriateaccounts, he allegedly usedthe money for other purposes. Under federal bankruptcy law, anymoney gained through fraud is a debt that is not dischargeable through Chapter 7 and victims receive priority for repayment for the first $3,025 owed to them. Clients may have suffered a cumulative loss of more than $525,000. Edward C Tomaszewski Funeral Home Incis a local funeral and cremation providerin Philadelphia, Pennsylvania who can help you fulfill your funeral service needs. He was arraigned on what's known as Superior Court Information (SCI) that lays out all the charges in the same form as a grand jury indictment. The case is under investigation and Graff said there will be a press release about the case if new charges are filed against Michael Tomaszewski. Most of the charges are related to allegations that he misappropriated fund families had prepaid for funeral services. April 8, 2023 (62 years old) View obituary. It's alleged that in the initial set of charges, Tomaszewski may have misused about $525,000 in funeral funds he deposited. Offer condolences/tributes, send flowers or create an online memorial for free. "If they think they've been defrauded by this individual, they need someone who knows how the process works guiding them through it. Tomaszewski also filed a death certificate indicating the body was buried at a specific cemetery on a specific date. The bankruptcy trustee has the option to recover any unauthorized payments from the creditors who received them. "It's innovative," Ader said. Mr. Tomaszewski took their money and then broke their trust. According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits from customers ranging from $350 to $15,500. Yesterday, Tomaszewski was expected to formally accept a plea deal in his criminal case but for reasons unstated in court, the defendant declined to proceed and was granted a continuance of his case until April 13. For a funeral director, Brown used the example of borrowing money on the promise to build a new cemetery but then spending the cash on a new Ferrari or a monthlong trip to Las Vegas. on Sept. 4, 2019, 12:18 p.m. "In terms of who gets paid when that's entirely the role of the bankruptcy court," Brown said. "I dont have an idea right now how much time I need," Ader said. He called Tomaszewski one of the community's "golden boys" who had a successful business and won people's trust but squandered his accomplishment. Philadelphia, Pennsylvania Combined, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. Why? The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years and he was scheduled for sentencing yesterday. Tomaszewski made a virtual appearance in Genesee County Court yesterday. Preceded in death by parents; brothers, George, Joseph, Edward, and Stanley; sisters, Rose, Ann, and Alice. Restitution cannot be discharged, like other debts, in bankruptcy court. Call today. As part of his plea deal, he agreed to pay restitution to his victims. JoanMariucci said Tomaszewski stole her trust. Request Information Chance of precip 50%. For the fourth time since he entered a guilty plea for defrauding funeral home customers, Michael Tomaszewski today was granted a delay in his sentencing by Genesee County Court Judge Charles Zambito. She said he told her the cousin who was supposed to handle arrangements never contacted him with instructions on how to proceed. She had seemed healthy. Both Tomaszewski and Rochester Regional Health were offered an opportunity to comment on this story. They want my client to feel shame, more than he's shamed already.". Today's virtual arraignment via Skypein front of Judge Charles Zambito was for: According to the report from the Genesee County Sheriff's Office, Investigator Christopher Parker states the new charges "represent additional allegations concerning conduct related to monies paid to Tomaszewski for prepaid funeral and grave markers which were not used for their intended purpose.". First Assistant District Attorney Kevin Finnell, who is also new to the case, called Tomaszewski's failure to retain a new attorney in a timely manner a "delaying tactic." Edward C Tomaszewski Funeral Home Inc. 0 out of 5. Al Kurek said he considered Tomaszewski a friend and was disappointed in him. The Bohm-Calarco-Smith, H.E. Lang said she became involved in the Young case after talking with the parents last November. A short time later, McIntire received a call from an investigator and was told that the remains of an adult male at been located in the garage at the Tomaszewski funeral home. It's alleged that in the initial set of charges, Tomaszewski may have misused about $525,000 in funeral funds he deposited. At a hearing in early February, the pending plea offer was discussed. "It's not used. After being told by officials at Bath once again that Vandetta was not lain to rest at the national cemetery, McIntire asked Tomaszewski to provide him with the grave coordinates. Kurek said he lost $2,800. Previously: Local funeral director charged with stealing money from customers, Copyright 2008-2022The Batavian. This is the fee for the embalming process. Funeral Mass will be celebrated 11AM Tuesday,. ", He added, "I tell my students when they enter my Intro to Bankruptcy class, I tell them, most of what we cover is general bankruptcy law. We will assist in possible recovery of funds and can help to determine if you and your family qualify for donation of service from our funeral homes. The Batavia community had its soul scorched when all of Michael's criminal and unethical activities were revealed.". their pricing. In order to determine whether Tomaszewski had a fiduciary responsibility to his clients, a lawyer would need to review any specific agreement along with applicable state and federal law. Asked for his thoughts on the case, McIntire, himself a military veteran, said, "You know, I cant even tell you what my thoughts are. Zambito ordered Tomaszewski to pay $2,000 a month upon his release from prison, which Zambito said he felt Tomaszewski would have no trouble making full restitution within 10 years of his release because he's shown he has the ability to earn money, particularly in the restaurant business. He is VERY slow about putting the death date on the tombstone. Rain showers this evening transitioning to snow showers overnight. BATAVIA A second body has been discovered at Michael S. Tomaszewski Funeral Home & Cremation Chapel, Genesee County Sheriffs Department confirmed. Gilmartin Funeral Home & Cremation Company, Do Not Sell or Share My Personal Information. That is people or entities that are owed money but did not secure the debt with collateral. On Feb. 22, when Zach and Danielle arrived at the hospital. McIntyre said he made a few calls, each time being told there was no record of Peter Vandetta at the cemetery. The importance of that story is to stress how easy it is for trained attorneys to mess up if they aren't practicing bankruptcy law regularly.". All Rights Reserved. I don't know. That ME's office did confirm the remains were Vandetta's. "We don't really have answers," Danielle said. Location. CALL US NOW! Were retired. Russell Mack Hartz. Saving favorite Vendors is a Premium feature. After being told by officials at Bath once again that Vandetta was not lain to rest at the national cemetery, McIntire asked Tomaszewski to provide him with the grave coordinates. Funeral homes and cremation providers offer a wide range of services to assist families with funeral arrangements. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. , 19134-5999 , United States. I don't understand it.". 0 reviews Distance: 0 miles. I just cant get around it.". Obituaries from Tomaszewski Funeral in Batavia, New York. Currently, Tomaszewski's former funeral home building is listed for sale for $1 million and another building he owns on West Main Street is listed for $165,000. HOME; FUNERAL SERVICES; ADVANCE PLANNING; LOCATION & CONTACT; You just chose not to do it. "I really do. "There have been victims who have passed away. Vandetta is now interred at Bath National Cemetary. Monroe, Connecticut. Yes, his intent, obviously, was to put that money back into the business but he still provided services. He did not hire that attorney and, yesterday, Tomaszewski asked for representation by the Public Defenders Office. Tomaszewski Funeral Home. April 7, 2023 (93 years old) Should you care to express your sympathy by sending the gift of flowers, simply click the button to the right to get started. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, 4th, and three counts of petit larceny. Jail Superintendent William Zipfel said he can't discuss the health status of an inmate at the jail but said since the start of the pandemic, per the protocol of the state's Commission of Corrections, all new inmates are quarantined for their first 14 days in jail. Their church -- High Point in Pembroke --held a service for Eva but they didn't have her ashes then and they don't know if what they have now are really her ashes. Edward C Tomaszewski Incorporated Philadelphia, Pennsylvania Home Pennsylvania Philadelphia Funeral Homes Edward C Tomaszewski Incorporated Edward C Tomaszewski Incorporated in Philadelphia 2728 E Allegheny Ave Philadelphia, PA 19134 (215) 739-6624 Click to show location on map Zoom About Edward C Tomaszewski Incorporated Some of the victims in the gallery whispered to each their dissatisfaction with the delay as the hearing proceeded. I don't know if itwas gambling. 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