Volume 59, No. 3

 

PUBLIC NOTICES

DECEDENTS’ ESTATES

NOTICE TO DEFEND AND CLAIM RIGHTS

NOTICE OF PRIVATE SALE

NOTICE OF ACTION IN MORTGAGE FORECLOSURE

ARTICLES OF INCORPORATION

 

TABLE OF CONTENTS

Commonwealth of Pennsylvania v. Maurice Reginald Carr

 

NOTICE IS HEREBY GIVEN that Letters Testamentary or of Administration have been granted in the following estates. All persons indebted to the said estate are required to make payment, and those having claims or demands to present the same without delay to the administrators or executors named.

 

FIRST PUBLICATION

 

ESTATE OF JOSEPH J. SMITH, III, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Joanne S. Kreider, Administratrix

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF HARVEY WISE, late of Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Nelson Ebersole, Administrator

 

George E. Christianson

Christianson Meyer

411 Chestnut Street

Lebanon, Pa. 17042

 

ESTATE OF BETTY M. GINDER, late of Heidelberg Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

David M. Ginder, Executor

3247 S. 5^th Avenue

Myerstown, PA 17067

 

John D. Enck, Esquire

Spitler, Kilgore & Enck, PC

522 South 8^th Street

Lebanon, PA 17042

Attorney

 

SECOND PUBLICATION

 

ESTATE OF KENNETH L. BLEISTEIN, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Melinda M. Britto, Executrix

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF RUTH A. FIRESTINE, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Sharon Seldomridge, Executrix

108 Oak Street

Richland, PA 17087

 

Timothy T. Engler, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue,

Myerstown, PA 17067

 

ESTATE OF JOHN F. LIGHT, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

James Houser, Administrator

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF ELIZABETH P. LIGHT, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

James Houser, Administrator

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

THIRD PUBLICATION

 

ESTATE OF ELIZABETH M. MCGUIRE-HOUTZ, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Patricia McGuire, Administratrix

 

Loreen M. Burkett, Esquire

Weiss Burkett, LLC

802 Walnut Street

Lebanon, PA 17042

 

ESTATE OF KATHRYN M. ARNOLD, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Jan Louise Arnold, Executrix

609 N. 8th Street

Lebanon, PA 17046

 

Edward Coyle, Esquire

Buzgon Davis Law Offices

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF JOAN C. WIKE, late of Heidelberg Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

 

Mary B. Gassert, Executor

24 East Richland Avenue

Myerstown, PA 17067

 

Cynthia A. Oxenreider, Executor

307 Sheep Hill Road

Schaefferstown, PA 17088

 

Patrick M. Reb, Esquire

547 South 10^th Street

Lebanon, PA 17042

 

ESTATE OF DOROTHY J. GREENAWALT A/K/A DOROTHY JANE GREENAWALT, late of North Annville Township, Lebanon County, Pennsylvania, deceased June 28, 2021. Letters Testamentary have been granted to the undersigned Executor.

 

Charles E. Greenawalt II, Executor

175 Clear Spring Road

Annville, PA  17003

 

Christa M. Aplin, Esquire

JSDC Law Offices

11 East Chocolate Avenue, Suite 300

Hershey, PA  17033

(717) 533-3280

 

ESTATE OF SHARON KAY YANCEY A/K/A SHARON K. YANCEY, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Skyanne K. Yancey, Executrix

 

Robert D. Knutson, Executor

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF LONALD D. HOOVER, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

John M. Zimmerman, Executor

 

Caleb J. Zimmerman, Esquire

Zimmerman Law Office

466 Jonestown Road

Jonestown, PA 17038

 

ESTATE OF STEWART WILLIAM ROBINSON, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Steven Sutherly, Executor

829 Victoria Lane

Palmyra, PA 17078

 

David R. Warner Jr., Esquire

Buzgon Davis Law Offices

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF LARRY B. SCHAUER, SR., late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix

 

Barbara E. Schauer, Administratrix

487 New St.

Lebanon, PA 17046

 

Michael S. Bechtold, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF KAREN CLEO MEYERHOFFER, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Scott Allen Meyers, Executor

130 Stanley Dr.

Palmyra, PA 17078

 

Michael S. Bechtold, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF ROY A. KLEINFELTER, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Evelyn J. Kleinfelter, Executrix

765 N. 32nd St.

Lebanon, PA 17046

 

Scott L. Grenoble, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF MARGARET ELIZABETH FAKE, late of North Annville Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator

 

Carl Fake, Administrator

2779 Cedar Run Rd

Lebanon, PA 17046

 

Bret M. Wiest, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

 

 

 

 

NOTICE TO DEFEND AND CLAIM RIGHTS

 

IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY,

PENNSYLVANIA

CIVIL ACTION – DIVORCE

 

WENDY L. FIGUEROA-SANCHEZ

Plaintiff

vs.

JOSE J. GARCIA-LABOY

Defendant

 

1. 2021 CV 592 DV

DIVORCE

 

NOTICE TO DEFEND AND CLAIM RIGHTS

 

You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, then case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other right important to you, including custody or visitation of your children.

When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary of the Dauphin County Courthouse, 101 Market St # 101  Harrisburg, PA 17101.

IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS’ FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU

DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR

TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU

CAN GET LEGAL HELP.

 

DAUPHIN COUNTY LAWYER REFERRAL SERVICE

 

213 North Front Street

Harrisburg, PA 17101

(717) 232-7536

 

Espinosa & Associates, LLC
243 North Duke Street
Second Floor
Lancaster, PA 17602

 

 

 

NOTICE OF PRIVATE SALE

 

In Re:

Petition of the Board of School Directors

of the Lebanon School District for

Approval of a Private Sale of Real Estate

 

IN THE COURT OF COMMON PLEAS OF

LEBANON COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

 

1. 2021-00138

 

NOTICE OF PRIVATE SALE

 

NOTICE is hereby given that on February 9, 2021, the Board of Directors of the Lebanon School District, filed a petition for the sale of the following tracts of real estate:

Northwest Elementary School containing 2.65 acres located on the northwest corner of the intersection of North Ninth Street and Maple Street in Lebanon City; and the second parcel of land containing .95 acres, adjacent to the elementary school building, the identified tax parcel I.D. numbers are 07-2336938-372822 and 07-2336473-372837, respectively.

The Court has fixed the 9^th day of September, 2021, at 1:30 o’clock P.M. at Lebanon County Court of Common Pleas, located at 400 South Eighth Street, Lebanon, Pennsylvania 17042, as the time and place for the hearing on said petition when and where all persons interested may appear and show cause, if any they have, why the prayer of the petitioner should not be granted.

 

Michael S. Bechtold, Esquire

Buzgon Davis Law Offices

525 South Eighth Street

Lebanon, PA 17042-0049

Phone: (717) 274-1421

E-mail: Bechtold@buzgondavis.com

Solicitor for Lebanon School District

 

 

NOTICE OF ACTION IN MORTGAGE FORECLOSURE

 

Freedom Mortgage Corporation Plaintiff

vs.

UNKNOWN HEIRS, SUCCESSORS,

ASSIGNS AND ALL PERSONS, FIRMS OR

ASSOCIATIONS CLAIMING RIGHT, TITLE

OR INTEREST FROM OR UNDER RONALD

1. SIMS, DECEASED

Defendant

 

COURT OF COMMON PLEAS

CIVIL DIVISION

LEBANON COUNTY

No. 2021-00672

 

NOTICE

 

TO:

Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Ronald J. Sims, Deceased

 

You are hereby notified that on June 9, 2021, Plaintiff, Freedom Mortgage Corporation, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Lebanon County Pennsylvania, docket to TERM, No. 2021-00672. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 1026 S. Green Street, Palmyra, PA 17078 whereupon your property would be sold by the Sheriff of Lebanon County.

You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you.

 

NOTICE

 

You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. you may lose money or property or other rights important to you.

 

YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

 

MIDPENN LEGAL SERVICES 513

CHESTNUT STREET, SUITE 1 LEBANON,

PA 17042 TELEPHONE: (717) 274-2834

 

Powers Kirn, LLC

Attorneys at Law

728 Marne Highway, #200

Moorestown, NJ 0 8057

Telephone: 856.802.1000

Fax: 856.802.4300

 

 

 

 

ARTICLES OF INCORPORATION

 

NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State at Harrisburg, Pennsylvania, on July 28, 2021, incorporating KEGERREIS DENTAL, INC. as a business corporation under the provisions of the Business Corporation Law of 1988.

 

Paul A. Lundberg, Esquire

REILLY, WOLFSON, SHEFFEY,

SCHRUM AND LUNDBERG LLP

1601 Cornwall Road

Lebanon, Pennsylvania 17042

 

 

JUDGES OPINION

 

Commonwealth of Pennsylvania v. Maurice Reginald Carr

 

Criminal Action-Law-Post Sentence Motions-Sentencing-Discretionary Aspects of Sentence-Factors for Sentencing-Location of Confinement-Plea Agreement-Use of a Controlled Substance at County Correctional Facility

 

Maurice Reginald Carr (“Defendant”) pled guilty to Possession of a Controlled Substance after he was observed by a correctional officer at the Lebanon County Correctional Facility when he was an inmate smoking a Schedule 1 controlled substance.  The plea agreement provided that Defendant would serve a minimum sentence of imprisonment of one (1) year less one (1) day.  The Court rejected the plea agreement and sentenced Defendant to serve six (6) months in a State Correctional Facility.  Defendant filed a Post Sentence Motion asserting that the Court abused its discretion by failing to impose the sentence contemplated under the plea agreement and imposing a sentence to be served at a State Correctional Facility.

 

1. While the Commonwealth and a defendant are free to enter into a plea agreement, the terms of the plea agreement are not binding upon the court, which may reject the terms if they do not serve justice.

 

2. A sentencing judge has broad discretion in choosing the range of permissible confinements that best suit a particular defendant and the circumstances surrounding the crime.

 

3. In order to challenge successfully the discretionary aspects of sentence, a defendant must establish a substantial question that the sentence imposed was not appropriate under the Sentencing Code.

 

4. To establish the existence of a substantial question, the defendant must show actions by the sentencing judge that are inconsistent with the Sentencing Code or contrary to the fundamental norms underlying the sentencing process.

 

5. Inmates who display the willingness and ability to obtain and to use controlled substances while incarcerated at the Lebanon County Correctional Facility have forfeited the ability to remain locally incarcerated there.

 

6. Defendant failed to establish that the sentence imposed was not appropriate under the Sentencing Code where Defendant had the ability to receive contraband at the Lebanon County Correctional Facility, the pipeline to receive that contraband has not been discovered, Defendant’s long history of drug use necessitates that he be held in an environment in which drug use cannot be facilitated and the Court imposed a minimal sentence that was less than that contemplated by the plea agreement and that was within the bottom range of the recommended ranges of sentence pursuant to the Pennsylvania Sentencing Guidelines.

 

L.C.C.C.P. No. CP-38-CR-0001777-2018, Opinion by Bradford H. Charles, Judge, August 25, 2020.

 

 

IN THE COURT OF COMMON PLEAS LEBANON COUNTY

PENNSYLVANIA

 

CRIMINAL DIVISION

 

 

COMMONWEALTH OF                    : 

PENNSYLVANIA                              :                                                                                                                           :        NO. CP-38-CR-1777-2018

1. :       

                                                          :

MAURICE REGINALD CARR         :

:

 

ORDER OF COURT

 

 

 

AND NOW, this 25^th day of August, 2020, upon consideration of the Defendant’s Post-Sentence Motion, after review of the file, and in accordance with the attached Opinion, the Order of this Court is as follows:

1. The Defendant’s Post-Sentence Motion is DENIED. His request to serve his sentence on the above captioned matter at Lebanon County Correctional Facility is rejected.
2. The Defendant is advised that he has thirty (30) days from today’s date in which to file an appeal of this decision with Pennsylvania’s Superior Court.
3. A copy of this Order is to be provided to the District Attorney of Lebanon County, to the Defendant’s attorney and to the Defendant by certified mail, return receipt requested.

 

BY THE COURT:

 

__________________________J.

BRADFORD H. CHARLES

BHC/gb

Cc:    Court Administration (order only)

Pier Hess Graf, Esq.// District Attorney’s Office

Dalia A. Aboraya, Esq.// Public Defenders Office

Maurice Carr// LCCF (cert mail, ret rect req)

 

 

 

IN THE COURT OF COMMON PLEAS LEBANON COUNTY

PENNSYLVANIA

 

CRIMINAL DIVISION

 

 

COMMONWEALTH OF                    : 

PENNSYLVANIA                              :                                                                                                                           :        NO. CP-38-CR-1777-2018

1. :       

                                                          :

MAURICE REGINALD CARR         :

:

 

APPEARANCES

 

Pier Hess Graf, Esquire                   For Commonwealth of Pennsylvania

DISTRICT ATTORNEY

 

Dalia A. Aboraya, Esquire               For Maurice Reginald Carr

PUBLIC DEFENDER’S OFFICE

 

OPINION BY CHARLES, J., August 25, 2020

 

Drug use inside a prison creates a recipe for disaster.  In any prison, the inmates vastly outnumber corrections officials.  When prisoners become high on controlled substances, the ability of corrections officials to maintain discipline and order is compromised, sometimes dangerously so.  It is the belief of this Court that when an inmate displays the willingness and ability to obtain and use drugs inside the Lebanon County Correctional Facility (LCCF), that inmate belongs somewhere else, not only for his sake, but for the peace and safety of everyone inside LCCF.

The DEFENDANT in this case argues that the opinion of this Court outlined above renders this Court incapable of rendering a fair decision regarding his sentence.  For reasons that follow, we strenuously disagree.

1. FACTS

 

On March 17, 2018, while incarcerated at LCCF, a correctional officer observed Maurice Carr (Hereinafter DEFFENDANT) smoking what appeared to be a rolled cigarette. DEFENDANT was ordered to remove the contents of his pocket and a plastic bag containing a green leafy substance was recovered. The green leafy substance was tested at Harrisburg Regional Laboratory and was found to contain FUB-AMB, which is a Schedule I Controlled Substance.

On April 7, 2020, DEFFENDANT entered a guilty plea to Possession of a Controlled Substance. The plea agreement provided that DEFENDANT would serve a minimum sentence of one (1) year less a day. On July 1, 2020, a Sentencing Hearing was held, the court rejected the plea agreement and DEFENDANT was sentenced to serve six (6) months in a State Correctional Facility for Possession of a Controlled Substance.

 

1. LEGAL PRINCIPLES

Generally, a judge may refuse to accept a plea of guilt or nolo contendere.  The Pennsylvania Rules of Criminal Procedure grant the trial court broad discretion in the acceptance and rejection of plea agreements. Commonwealth v. Rosario, 613 A.2d 1244, 1249 (Pa.Super.1992). There is no absolute right to have a plea accepted. Commonwealth v. Hudson, 820 A.2d 720, 727-28 (Pa.Super.2003). Accordingly, our Courts have reaffirmed that while the Commonwealth and a criminal defendant are free to enter into an arrangement that the parties deem fitting, the terms of a plea agreement are not binding upon the court. Rather, the court may reject those terms if the court believes the terms do not serve justice. Commonwealth v. White, 787 A.2d 1088, 1091 (Pa.Super.2001).

“Sentencing is a matter vested in the sound discretion of the sentencing judge.” Commonwealth v. Hess, 745 A.2d 29, 31 (Pa.Super. 2000) (citations omitted).  A sentencing judge has “broad discretion in choosing the range of permissible confinements which best suits a particular defendant and the circumstances surrounding his crime.”  Commonwealth v. Moore, 617 A.2d 8, 12 (Pa.Super. 1992).   Although judges have broad discretion in formulating sentences, this discretion is not unfettered.  Commonwealth v. Gause, 659 A.2d 1014 (Pa.Super. 1995).  For example, we are required to consider Pennsylvania’s Sentencing Guidelines.  42 Pa.C.S.A. § 9721(b).  These guidelines are not mandatory, but nonetheless must be “considered and, to insure that such consideration is more than mere fluff, the Court must explain its reasons for departure from them.”  Commonwealth v. Walls, 926 A.2d 957, 964 (Pa. 2007).

In order to challenge successfully any discretionary aspect of a sentence, a defendant must establish a “substantial question” that the sentence imposed was not appropriate under the sentencing code.  42 Pa.C.S.A. § 9781(b); Commonwealth v. Marts, 889 A.2d 608 (Pa.Super. 2005).  “The determination of whether a particular issue raises a substantial question is to be evaluated on a case-by-case basis.” Commonwealth v. McAfee, 849 A.2d 270, 274 (Pa.Super. 2004).  “In order to establish a substantial question, the [defendant] must show actions by the trial court inconsistent with the Sentencing Code or contrary to the fundamental norms underlying the sentencing process.”  Id.

 

• ANALYSIS

DEFENDANT states that his plea agreement was specifically negotiated with the purpose of allowing him to serve his time inside LCCF.  The DEFENDANT argues that this Court was “prejudiced” against the type of crime he committed because the Court stated at sentencing that inmates who possess drugs inside LCCF have forfeited their ability to remain locally  incarcerated.

This Court freely acknowledges that it is “prejudiced” against the crime of possessing drugs inside a prison.  As noted at the outset of this Opinion, drugs in a prison environment is a dangerous cocktail.  By definition, those who possess and use drugs inside a prison displayed the ability to receive smuggled drugs. Keeping inmates with this ability inside the same correctional facility potentially facilitates the injection of additional drugs into that facility.

In this case, the DEFENDANT obviously had the ability to receive smuggled drugs inside LCCF.  We do not know how the DEFENDANT smuggled or received drugs, and he did not share his methods with prison officials, police or this Court.  Effectively, the DEFENDANT’s pipeline to receive drugs inside LCCF has not been severed.  Placing the DEFENDANT back inside LCCF would put him in a position of being able to facilitate the introduction of more drugs back into LCCF.

The DEFENDANT himself has a long-term problem with drugs.  For the sake of his own rehabilitation, the DEFENDANT needs to be in an environment where drug use cannot be facilitated.  Sadly, but obviously, that environment is not LCCF.

In addition to all of the above, we need to emphasize that the sentence we eventually imposed was actually lower in terms of length than the one the DEFENDANT wanted us to impose.  Although this Court insisted upon a sentence that required the DEFENDANT to serve his time in the State Correctional system, we also agreed to a six (6) month minimum, which was at the bottom of the DEFENDANT’s Standard Sentencing Guideline Range.  Effectively, the DEFENDANT’s minimum sentence was reduced by almost six (6) months.  Yet he appealed.  We are forced to respond by asking: Why?  Perhaps the DEFENDANT is scared of serving time in a State Correctional facility.  Perhaps the DEFENDANT believes he will have trouble gaining parole status from the State Board of Probation and Parole.  Or perhaps the DEFENDANT knows that he will be unable to procure drugs in a State facility as he was within LCCF.  Regardless of his reasoning, it is incongruous to this Court that the DEFENDANT has chosen to appeal a sentence that was less than the one he now asks to receive.

The DEFENDANT’s argument that we erred in sentencing is patently erroneous.  This Court has broad discretion when crafting a sentence, just as we have broad discretion in determining whether or not to accept a proffered plea agreement.  In the opinion of this Court, the DEFENDANT has failed to establish a “substantial question” about the propriety of his sentence.  This Court’s decision to refuse to place the DEFENDANT back in the facility where he committed his crime is not contrary to fundamental norms underlying the sentencing process.  Accordingly, DEFENDANT’s Motion challenging the propriety of his sentence can and will be rejected.