A Montgomery County man pleaded in Carbon County court on Monday to lewd conduct.

He was one of five defendants in pending criminal cases to enter a guilty plea before Judge Steven R. Serfass.

Lehighton incident

Mark W. Fitzsimmons, 44, of Pottstown, pleaded to one count of harassment - lewd and or threatening conduct.

He was arrested by Lehighton police after they received a complaint from a family services group employee that Fitzsimmons was a client. The female victim said Fitzsimmons sent her photos of his genitals.

Fitzsimmons said he was “deeply embarrassed.” He told the victim, who was present the courtroom, “I apologize, I’m embarrassed.”

He said he has since gone to a treatment center for three months and is currently living in a recovery home.

The victim said she wanted to make sure something like this never happens again.

She said her daughter was nearby when she received the text message and photo. She said thankfully her daughter did not see it.

Serfass placed him on probation for a year and ordered he get a mental health evaluation, have no contact with the victim and render 50 hours of community service.

Other pleas

Jerry A. Brant, 42, of Altoona, pleaded to one count of possession with intent to deliver a controlled substance, a felony.

He was arrested on Sept. 27, 2019, by Jim Thorpe police and members of the county’s drug task force as part of an ongoing investigation into drug dealing.

Police executed a search warrant at a residence along North Street. Found in the home were various drugs and paraphernalia.

Sentencing was deferred so Brant can apply for placement in the county’s house arrest program. He faces a prison term of somewhere between six and 16 months minimum.

Michael Rivera, 38, of Lehighton, and formerly of Weatherly, entered pleas in two separate cases to summary offenses of harassment - physical contact. In exchange for the pleas, two counts of simple assault, one for each case, were dropped in a plea deal.

He was arrested in one case on Aug. 19, 2021, by Lehighton police at a residence along North Street. Police responded for a domestic assault incident. The second arrest occurred on Feb. 17, 2021, in Franklin Township at Mooney’s Motel when officers responded for a report of a domestic assault incident.

In both cases Serfass imposed a fine of $300 and costs.

Arthur D. Lloyd Jr., 35, of Tobyhanna, pleaded to one count each of unauthorized use of a motor vehicle and theft.

He was arrested by state police at Fern Ridge for an incident on Dec. 10, 2020. He took a vehicle belonging to a relative without permission and fled the area. The vehicle was later found abandoned in Bronx, New York.

Serfass sentenced him to time-served (185 days) to one day less 24 months in prison and ordered he get a drug and alcohol evaluation and follow any recommendation for treatment, make restitution to the relative whose vehicle was taken for $1,108 and render 100 hours of community service.

Miguel A. Atiaga, 34, of Whitehall, pleaded to one count of disorderly conduct, as a summary offense. In exchange for the plea the district attorney’s office dropped a count of firearm not to be carried without a license.

He was arrested on Feb. 2, 2020, by Lehighton police after officers were dispatched to a disturbance off Route 443 near a service station. A group of people were involved in the incident, including Atiaga. Police did find a firearm on scene.

Serfass imposed a fine of $300 and costs.

Each defendant sentenced must also pay court costs of over $1,000 and a $50 per month supervision fee while on parole or probation.