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Man keeps excessive final paycheck, faces charges

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SHENANDOAH - Shenandoah police filed charges against a Freeland man charging him with failing to return money he mistakenly received from his former employer earlier this year.

Richard R. Tomko Jr., 37, of 1125 Burton St., was charged with theft of property lost, mislaid or delivered by mistake and receiving stolen property.

Patrolman Laurie Dudash said the charges against Tomko were filed Friday with Magisterial District Judge Anthony J. Kilker, Shenandoah.

Dudash said the theft came to light June 6, when she was notified by Mrs. T's Pierogies, also known as ATEECO Inc., whose staff reported that on May 8, they terminated Tomko as an employee after almost two years.

Company administrators said that on May 24, Tomko was issued three checks, one for one unused personal days, one for unused vacation time and his last paycheck.

The following day, Dudash said Tomko went to Mrs. T's, was given the checks and returned his key and policy book.

On June 4, Dudash said the company discovered it had overpaid Tomko a

gross amount of $16,735 with a net amount of $10,402. The amount Tomko should have received would was a gross amount of $1,059 or a net pay of $831.55.

Dudash said payroll employees made the error in documenting the hours Tomko actually worked.

Attempts to contact Tomko to correct the error were unsuccessful and Dudash said she determined Tomko cashed the checks May 29.

Dudash said Tomko was contacted June 6 and admitted to cashing the checks.

He was asked to return any unused portion of the funds in order to correct the mistake but Tomko said he had spent all of the money and was unable to return it, Dudash said.

She said that when Tomko was told he would be facing criminal charges, he replied, "Do what ya gotta do."


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