SUNBURY - The former county deputy prothonotary, who was originally charged with a felony offense of stealing more than $9,000 in county funds, received only a three-year probation sentence Monday afternoon after the charge was reduced to a misdemeanor because authorities could only prove she took approximately $1,000.
Northumberland County Judge William H. Wiest sentenced Annette Gurba, 41, of Shamokin, on a misdemeanor offense of theft by unlawful taking to three years probation and ordered her to pay restitution in the amount of $1,047.25, prosecution costs, supervision fees and a $750 fine. Gurba also must comply with conditions set by the county's adult probation department.
Gurba pled guilty to the theft by unlawful taking charge Monday after Northumberland County Assistant District Attorney Melissa Norton agreed to amend the offense from a felony to a
first-degree misdemeanor because authorities could only prove she stole $1,047.25 in county funds rather than the $9,457.69 she was initially charged with stealing.
Additional charges, including theft by deception, receiving stolen property and unlawful use of a computer, were withdrawn at sentencing.
Prior to being sentenced, Gurba told the judge, "I sincerely apologize for my actions."
Upon hearing no objections to sentencing Gurba right away, Wiest then imposed the sentence.
Probation was within the standard sentencing range.
The maximum sentence facing Gurba was five years imprisonment and/or $10,000 fine.
Gurba's attorney, Frank Kepner, of Berwick, told the court his client had no prior criminal record and described her as a "good person who made a tragic mistake." Kepner said Gurba suffered some traumatic experiences in her life in recent years including the death of her mother and initially being suspended from her job on allegations that were later determined to be unfounded.
Kepner said Gurba is still taking medication for anxiety and depression problems. "The health issues are not an excuse for my client's actions, but I just wanted to point out the stress she was under since initially being accused of stealing money," the attorney said. "Every time we consulted in my office, she was in tears. She is a very remorseful person."
Gurba declined comment after sentencing.
Gurba's sentence irritated her former co-workers, including Prothonotary Kathleen Wolfe-Strausser, Deputy Prothonotary Jere Yagle and data entry clerk Jamie Saleski, who were in attendance.
"She should have got more than three years probation," stated Saleski, who worked with Gurba for two years.
Yagle added, "She didn't just steal money from the county, but she betrayed our friendship. I believe she stole more money than we can prove and I'm shocked she got off so easy."
Strausser said, "Annette worked in the office for 17 years. She was promoted to first deputy prothonotary, a position of trust. But she violated that trust."
Strausser, who did not present a victim-impact statement to the court prior to sentencing, said she figured Gurba would only receive a light sentence once the charge was reduced to a misdemeanor. "I could only prove she stole so much," she said.
Gurba was charged by Trooper Kevin Kearney of state police at Stonington with taking money for services rendered at the prothonotary's office and entering the money into the computer, only to make another entry refunding the money to herself.
Gurba told investigators she didn't know how much was taken, but Klacik and Associates PC, Shamokin, which was hired by the county to conduct an audit, studied daily deposits, daily receipts and the voided refunded receipts and determined the defendant took $9,457.69, according to Kearney.
Kearney said the incidents occurred between Jan. 1, 2008, and July 10, 2009.
Gurba was initially suspended without pay Dec. 16, 2008, by Strausser for what the prothonotary described at the time as a "serious allegation." However, state police in March 2009 announced there was insufficient evidence to charge Gurba with any crime. State police reportedly marked their file "unfounded" and ruled the investigation closed.
Four months later, however, she was fired amid reports of a new investigation, the culmination of which came with charges being filed on Nov. 12, 2009.
Gurba had served as a deputy in the prothonotary's office from February 2007 until her firing, and previously was a civil records clerk for more than 15 years.
In a press release issued after Gurba's sentencing, Northumberland County District Attorney Tony Rosini explained the audit of the prothonotary's records identified a total amount of refunds of $9,457.69 to have been refunded from funds received in the office. However, he said the accountant indicated that the transactions needed to be reviewed with Strausser to determine if any of the refunds were valid refunds.
Rosini said his staff reviewed each transaction with Strausser and that based on her records, she could only state that $1,047.25 of the transactions were in fact not actual refunds.
Gurba admitted to the investigating officer that she took a small amount of cash, but did not know the exact amount she took, according to Rosini. The amount verified by Strausser was the amount stipulated as being taken by Gurba.
In regard to Gurba's sentencing and the three-year intermediate punishment (first six months on house arrest) imposed by Northumberland County President Judge Robert B. Sacavage on former county deputy treasurer Shari Benick earlier in the day, Rosini stated, "My office will prosecute individuals who steal while in positions of trust to the fullest extent of the law. Both of these individuals will now have a criminal record that will follow them for life. Other county employees and individuals in positions of trust should think twice before abusing their positions, which could result in jail time and criminal records that will limit their ability to obtain jobs in the future. Even taking a relatively small amount of money can affect a person's ability to get a good job for many years."