The appeal of Kermit R. Sponheimer, 60, of Nesquehoning, of his state prison term on a drug smuggling charge has been denied in a memorandum opinion handed down by the county court.
Sponheimer pleaded guilty on March 5 to one count of criminal attempt to commit the crime of contraband, a second decree felony. On May 14 President Judge Roger N. Nanovic II sentenced him to serve two to five years in a state prison with the term to run consecutive to a county term he was serving on a retail theft charge. That theft term maxes out in September.
After sentencing Sponheimer, through court-appointed Attorney Kent D. Watkins, appealed the sentence as being excessive and harsh since it was consecutive to his current prison term.
In his 11 page opinion Nanovic noted that the plea agreement in the case called for the sentence that was imposed. Nanovic also noted that the plea agreement was "silent on whether the sentence would be concurrent or consecutive to any existing sentence defendant was serving."
Nanovic noted further in the opinion Sponheimer's long criminal record spanning 27 years between 1983 and 2010, and 14 recorded offenses with a prior a record score of five. He also noted under state sentencing guidelines the recommended range for the offense, based on his prior score, was a standard range of 24 to 30 months.
Nanovic stated at the time of sentencing that he considered the defendant's long prior record, that he forced his son, through the son's love of his father, to help smuggle the drug Suboxone into the jail under stamps of mail sent from the son to the father, in his reasons for imposing the term, along with other reasons, and running it consecutively.
In conclusion, Nanovic wrote, "Defendant has not raised, much less proven, a substantial question that the aggregate sentence imposed violates either a specific provision of the sentencing scheme set for in the Sentencing Code or was inappropriate or contrary to a fundamental norm underlying the sentencing process." He added, "In addition, the sentence imposed was appropriately commensurate with the criminal conduct at issue in this case."
The following actions have been filed as mortgage foreclosures for alleged defaults on loans.
Wells Fargo Bank, c/o 3476 Stateview Blvd., Fort Mill, S.C., filed against Lee A. and Jennifer Anne Thieling, 90 Penn Forest Drive, Lot A, 2003 SR534, Albrighstville, over property at that address. Sought is $106,578.83 and continuing interest.
Wells Fargo Bank filed against Mark and Agnesa Ciobanu, 88 Skyline Drive, aka, 406 Skyline Drive, Albrightsville, over property at that address. Sought is $136,524.78 and continuing interest.
Jim Thorpe National Bank, 12 Broadway, Jim Thorpe, filed against Mark A. Berger, HC1 Box 87, Albrightsville, over property at that address. Sought is $67,510.58 and continuing interest.
Citimortgage Inc., c/o 1000 Technology Drive, O'Fallon, Ohio, filed against Adam W. Moser, 131 E. Fell St., Summit Hill, over property at that address. Sought is $47,867.15 and continuing interest.
GMAC Mortgage, c/o 1100 Virginia Drive, Fort Washington, filed against Colleen and Kevin R. Booth, 355 Hahns Dairy Rd., Palmerton, over property at that address. Sought is $166,868.01 and continuing interest.
Nationstar Mortgage, c/o 350 Highland Drive, Lewisville, Tex., filed against Perpetual Coffie, 7 W. Cherokee Trail, Albrightsville, over property at that address. Sought is $263,145.31 and continuing interest.
Bank of America, c/o 7105 Corporate Drive, Plano, Tex., filed against Todd J. Witkowski, 406 W. Ludlow St., Summit Hill, over property at that address. Sought is $60,070.05 and continuing interest.
Bank of America filed against Nila Altif, 93 Center Ave., Jim Thorpe, over property at that address. Sought is $85,339.70 and continuing interest.
The Bank of New York, c/o 1800 Tapo Canyon Rd., Simi Valley, Calif., filed against David B. and Jennifer L. Miller, 330 Held St., Lehighton, over property at that address. Sought is $125,685.38 and continuing interest.
The following actions were filed by credit card companies, or their collection agencies, for alleged defaults on credit card/loan accounts.
Portfolio Recovery Associates, Norfolk, Va. filed five actions as follows: Matthew T. Meast, 17 Holland St., Nesquehoning, seeking $8,756.35; Amy Zuccarelli, 1026 Indian Mountain Lakes, Albrightsville, seeking $1,842.69; Kenneth Coole, 168 Stoney Hill Rd., Weatherly, seeking $1,860.14; Joan Cummings, 228 N. Seventh St., Lehighton, seeking $2,148.61; and Marlin A. Weyant, 38 W. Patterson St., Lansford, seeking $5,738.99.
Remit Corporation, Bloomsburg, filed against Dennis W. Hawk Jr., 12 Autumn Lane, Jim Thorpe, seeking $3,616.74.
Razor Capital, Bloomington, Minn., filed against Bruce Emmert, 2065 Strohl Valley Rd., Palmerton, seeking $2,435.29.
LVNV Funding, Greenville, S.C., filed two actions as follows: Avery Ruch, 3C Stoneridge Apts., Palmerton, seeking $1,422.339; and Sherry L. Eck, 191 Birch Drive, Lehighton, seeking $3,271.39.
Discover Bank, New Castle, Del., filed against Robert M. Skodacek, 415 E. Railroad St., Nesquehoning, seeking $1,837.20.
Robert L. Gill Jr., 95 Tar Run Drive, Lehighton, filed against Janet W. Gill, 1014 Bordentown Ave., Parlin, Middlesex County, N.J. They were married April 23, 1983.
Stephanie L. Demkovitz, 305 Clearview Drive, Palmerton, filed against Allen D. Demkovitz, 636 Blue Mountain Rd., Ashfield. They were married March 7, 1998.
Duane Moyer Well Drilling Inc., 336 Gilberts Hill Rd., Lehighton, filed a civil complaint against Werner & Sons Well Drilling, and Wayne M. and Lori A. Beers, 2600 N. Delaware Ave., Easton.
The suit states the plaintiff subcontracted the defendant firm to drill specific type well at Lot 184, Lake Drive, Lake Harmony. The defendant attempted to but could not drill well due to mud issues. The suit states the plaintiff asked the defendant to return to fix the well, but failed to remedy the problem requiring the plaintiff to repair the well at a loss, the suit alleges.
The suit asks the court to award a judgment for expenses incurred by the plaintiff. Sought is $19,900.86 plus interest, costs and fees.
Remit Corporation, 36 W. Main St., Bloomsburg, filed a complaint, on behalf of Blue Mountain Health Systems-Lehighton Campus, against Adam T. Getz, 411 Hamilton St., Palmerton, alleging he owes a bill for medical services provided. Sought is $15,991.70 plus interest, costs and fees.