CLEARFIELD – A Ramey man was sentenced in Clearfield County Court for taking money from a disabled, elderly woman’s annuity and a local charity.
Frank Stewart, 48, 200 Maranatha Ln., Ramey, was found guilty of felony counts of charges of forgery, theft by unlawful taking and theft by deception after a recent trail. He was sentenced by Judge Paul Cherry to nine months to two years less one day in jail and eight years consecutive probation. He was fined $1,250 plus costs and he must pay $137,248.69 in restitution.
He was ordered to pay $10,000 once he is released from jail and then $500 per month. He must also perform community service to help pay this amount as soon as possible.
Stewart was a financial consultant for the victims who are mother and daughter, when he arranged a $120,000 withdrawal from their annuity account. The check was then deposited in the checking account of Stewart’s business Best Insurance and Financial Group in October of 2010.
A few days later, he used the funds to pay off a line of credit, according to previous testimony in the three-day trial. Stewart claimed he gave the women $120,000 in cash in exchange for the check, but there is no record or proof this occurred.
Prior to sentencing, a written statement from one of the victims, Virginia Nalepa, was read. She questioned whether she would ever get the money back and said she wanted him to be put in prison for good so he could not do this to anyone else.
Judy Cartwright, her cousin, also addressed the court, explaining Nalepa’s background and how her parents always took care of her and put money aside to be sure she was taken care of after they were gone. Her brother had also left money for her care. Cartwright stated her aunt, Edna Nalepa, asked her to make sure Virginia got a good place to live and told her there was money for this. Cartwright never questioned this or looked into the specific amounts until after Stewart appeared on the scene.
He was hired to file their taxes after Edna’s son died, and Stewart began spending a lot of time with the two elderly women. Cartwright discovered an annuity fund that $120,000 had been taken from but was not to be found. She referred to Stewart as someone who preys on the elderly and stated she has received calls from other elderly people Stewart has misled.
District Attorney William A. Shaw Jr. told Cherry that he wanted to see Stewart go to jail for the rest of his life, but the victim wants restitution. She’s in a nursing home and will need these funds.
Before announcing the sentence, Cherry said he had every intention that morning of sending Stewart to state prison, but was hesitant to do this because Stewart would then be unable to work to pay back the money.
Stewart pleaded guilty in a second case of theft for taking more than $10,000 from a memorial fund. For this he was given a concurrent nine months to two years less one day sentence. He was fined $300 plus costs. It was noted that he had paid this restitution in full.
The victim in this case also addressed the court, stating Stewart had no regard for anyone other than himself. She had thought he was a person of integrity and she could trust him. After her son died, they set up a scholarship fund and Stewart withdrew those funds for himself. She questioned whether he had “any values.”
She referred to the other case by saying he was hoping the Nalepa’s would pass away and then he’d be clear of the charges. She also commented on the report that Stewart cried when he signed a plea agreement in her case.
“He was not sorry for what he did,” she said. “He was sorry that he got caught.”
According to the affidavit of probable cause in that case, Stewart was an officer for the Lance Cusik Memorial Fund, which was established after his death in 2003. The intention was to raise money for a ball field, but this was not done and $10,496.62 remained in the account.
In September of 2013, his mother went to the bank where she learned that the fund had been closed in June of 2010. An investigation revealed that the money had been deposited into an account belonging to Stewart. Of this $8,000 was then transferred into another one of his accounts and $6,400 was used to pay off a tax debt from 2009.