The owners of a troubled Berlin Township cemetery face more than two dozen new charges after a second indictment in Delaware County.
A Delaware County grand jury Feb. 24 returned a 54-count indictment against Arminda K. Martin, 46, and Theodore L. Martin, 54, who own Fairview Memorial Park, 5035 Columbus Pike, according to court records.
A grand jury June 16 replaced the original document with a new 80-count indictment against the cemetery owners, who have been accused of failing to deliver goods to paying customers.
"As the investigation continues, more victims come forward," Delaware County Prosecutor Carol O'Brien said in a statement. "They also paid for items such as grave markers, caskets and vaults, all of which were not provided after payment."
O'Brien said in a statement the improper activity regarding the cemetery continued after the initial indictment.
"After his arraignment Mr. Martin continued with questionable business practices, specifically, using funds from the cemetery bank account to post bond," she said.
The Martins each are charged with one count of engaging in a pattern of corrupt activity, a second-degree felony; one count of theft beyond the scope of consent, a third-degree felony; 29 counts of theft beyond the scope of consent, fourth-degree felonies; 21 counts of theft beyond the scope of consent, fifth-degree felonies; and three counts of theft beyond the scope of consent, first-degree misdemeanors, according to the prosecutors office.
Theodore Martin also faces 16 counts of theft by deception, fourth-degree felonies; six counts of theft by deception, fifth-degree felonies; and one count of theft beyond consent, a fifth-degree felony. Arminda Martin also faces two additional counts of theft by deception -- one a fourth-degree felony and one a fifth-degree felony.
Arminda Martin is incarcerated in the Delaware County jail awaiting arraignment. Theodore Martin is in federal prison serving time related to a separate tax-evasion case.
According to the U.S. Attorney's Office for the Middle District of Pennsylvania, a federal judge in October sentenced both of the Martins to one year and one day in federal prison for tax evasion. The couple also was ordered to pay $304,837 in restitution to the IRS, according to a news release from the U.S. Attorney's Office.
Ahead of the second indictment, a Delaware County judge appointed A.C. Strip as receiver of the cemetery off U.S. Route 23. Strip will oversee the maintenance of the property, which had fallen to volunteers after the first indictment.