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Home My WebLink About00-07187 ~ ~, CRYSTAL NANKNELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-7187 CIVIL TERM MICHAEL FROWNFELTER, Defendant ; CHARGE: INDIRECT CRIMINAL CONTEMPT ~ ORDER OF COURT . AND NOW, this 3 day of JULY, 2001 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, MICHAEL FROWNFELTER. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, (5/ 9kod f6-wlr Edward E. Guido J. Jonathan R. Birbeck Chief Deputy District Attorney MICHAEL FROWNFELTER TRUE COPY fROM RECORD 111 TestImOlly Whel'l!Ol. I here unto set my hallO an4 the , of &aid ~ at CartIste~1 T~~I/n~~ / :~i'&Il/" -'.; , CRYSTAL NANKNELL, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 00-7187 CML TERM MICHAEL FROWNFELTER, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. S. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. g 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing ofthis petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. g 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. - . ""-~' .. , POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF:CUMBERLAND Magisterial District Number: 09-3-03 District Justice Name: Hon. SUSAN DAY Addre", 229 MILL STREET P.O. BOX 167 MT. HOLLY SPRINGS, PA 17065 Teleph"e, (717)486-7672 DEFENDANT: COMMONWEALTH OF PENNSYLVANIA VS. I NAME and ADDRESS I Docket No.: MICHAEL L. FROWNFELTER 1645 TRINDLE ROAD CARLISLE. PA 17013 L ...J Date Filed: OTN: Defendant's RacelEthnicity Defendant's Sex Defendant's 0.0.8. Defendant's Social Security Number Defendant's SID (Stale Identification Number) 1m White o Black o Female o Asian o Native American 1m Male 4/19/81 181-68-0124 o Hispanic 0 Unknown Defendant's AKA. (also known as) Defendant's Vehicle Information Defendant's Driver's license Number Plate Number I S1ate I RegistfaUon Sticker (MM!YY) Stale I ComplainUlncident Number UveScan Tracking Number ComplainUlnciclenl Number if other Participants UCRlNIBRS Code 01-0665 District Attorney's Office 0 Approved 0 Disapproved because: (The district attorney may require that the complaint, arrest warrant affidavit. or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) (Name of Attomeyfor Commonwealth-Please Pnnt or Type) (Signature of Atlomeyfor Commonwealth) (Date) I, DETECTIVE KRISTIN D. MERTZ 49-7 (Name of Affiant-Please Print or Type) (Officer Badge Number/I.D.) of CUMBERLAND COUNTY, CID PA021013A 01-0665 (Identify Department or Agency Represented and Political Subdivision) (Police Agency or ORl Number) (Originating Agency Case Number (OCA)) do hereby state: (check appropriate box) 1. ~ I accuse the above named defendant who lives at the address set forth above o I accuse the defendant whose name is unknown to me but who is described as o I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at The Trindle Road, to include (Place-Political Subdivision) the following Townships, Silver Spring, Monroe and Middlesex in CUMBERLAND County on or about June 5, 2001, approximately 1800 Hours Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Michael L. Frownfelter AOPC 412A - (8/00) 1-2 " ... ~ ..... Ilo!;!~"'~,- Defendant's Name:Michael L. Frownfelter Docket Number: '* POLICE CRIMINAL COMPLAINT 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated without more is not sufficient. In a summary case, you must cite the specific section and subsection of the statute or ordinance allegedly violated.) , , ""INDIRECT CRIMINAL CONTEMPT - CSA 1990 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 00-7187 CIVIL TERM THE ORDER WAS SIGNED BY THE HONORABLE EDWARD E. GUIDO THE ORDER WAS DATED 21 OF OCTOBER, 2001 THE DEFENDANT WAS ORDERED NOT TO HAVE ANY CONTACT WITH THE VICTIM, CRYSTAL NAN KIVELL TO INCLUED THROUGH THIRD PERSONS. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 6114 of the Tille 23 1 (Section) (Subsection) (PAStatute) (counts) 2. of the (Section) (Subsection) (PAStatute) (counts) 3. of the (Section) (Subsection) (PAStalule) (counts) 4. of the (Section) (Subsection) (PAStalute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S.!j4904) rel,ting to \Wsworn falsification to auth9(ities. I) - -f- ' n~ ~4::l ,,1()() I , .oJ ' lSA.A.lII u"vL _' 1l<J.p.d:~ (Date) {Signature of Affian AND NOW, on this date, , I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. SEAL (Magisterial District) AOPC412B - (8/00) (Issuing Authority) 2-2 -- ~ ~'-~~~ Defendant's Name: Michael L. Frownfelter .. POLICE CRIMINAL COMPLAINT Docket Number: AFFIDAVIT of PROBABLE CAUSE The victim Crystal Nankivell, posses a valid Cumberland County Protection From Abuse Order against the defendant. On June 8, 2001, when this Detective checked her voice mail messages for the week of June 4, 2001, she had a message from Crystal Nankivell stating that she had been followed by Matt Shugart and the defendant Michael Frownfelter on the Trindle Road coming home from work. Crystal Nankivell told me that she had called Hampden Township Police Department and they informed her she needed to contact the Pennsylvania State Police. She contacted the Carlsile, Pennsylvania State Police and they stated there was nothing they could do for her since he did not threaten her or harm her in anyway. On June 18, 2001, around 1600 hours the victim met with this Detective and Sibert to explain what happened on June 5, 2001. Nankivell told me that she had left her job at Delta Dental and was traveling on Trindle Road heading towards Carlisle. She looked in her rearview mirror and noticed a red car rapidly coming up on the back of her car. She stated she acutaully thought the person was going to hit her car. This happened about a 1/4 of a mile prior to the DUI crosses that are ina field along Trindle Road. She stated as she got to the crosses, a land mark off the road, she could tell that Shugart was driving the vehicle and Frownfelter was the passenger. She could tell that Shugart and Frownfelter were both laughing. The victim also stated that Frownfelter threw his arms up and that was a gesture that he made when they would be arguing and he was going to hit her. She also stated that Frownfelter threw a white T- shirt over his face. She stated that she had to go about 65 miles per hour in order to try and get away from the defendant. Nankivell was able to turn onto Middlesex Road and drove to the intersection of Claremont Road and Middlesex road at which time she contacted the Hampden Township Police Deaprtment and they had her contact the Pennsylvania State -Police. I, Detective Kristin D. Mertz , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT TIlE FACTS SET FORTH IN TIlE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. nJ. L~ ().~ (Signature of Affiant) Sworn to me and subscribed before me this day of , District Justice My commission expires first Monday of January, SEAL AOPC 412C-11/24/99 3-3 .< ~ . . - - L '~ '~"'- Crystal Mae Nankivell Plaintiff : In the Court of Common Pleas : County, Pennsylvania v. : No. 00-7187 Michael Lee Frownfelter : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Michael Lee Frownfelter Defendant's Date of Birth is: April 19, 1981 Name(s) of All protected persons, including Plaintiff and minor children: 1. Crystal Mae Nankivell .;21 st- AND NOW, this 20th Day of October, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED.,and DECREED as follows:. Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2, Defendant is prohibited from having ANY CONTACT with the -,y..... ."llir,," Plaintitf; or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is speCifically ordered to stay away from the following locations for the duration of this order. -Plaintifrs residence located at 3470 Wagner's Gap Road, Carlisle, Pennsylvania. -Plaintifrs place of employment located at Delta Dllntal, Old Depot Road, New Cumberland, Pennsylvania. 3. Defendant shall not conta.ct the Plaintiff, or any other person protected under this Order, by telephone or by any other means;:including throughcthird persons. 4. The following additional relief is granted as authorized by .96108 of the Act: -Defendant is to refrain from harassing PlaintiWs relatives, -Defendant shall not damage or destroy any property owned by Plaintiff, -The court costs and fees are waived. ..- 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: . -North Middleton Police Department - New Cumberland Police Department 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 7. All provisions of this order shall expire on: April 20, 2002 NOTICE TO THE DEFENDANT "' ~'- , . , ~ J " J -"-' .~-w~, VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. g6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. g2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTlONALL Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C gg2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS.OF THE GUN CONTROL ACT, 18 U.S.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. g6113. Subsequent to arrest, the police officer shall seize all weapons used or- -<" threatened to be used during the violation of the protection ()rder or during prior inci<lents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. . I I .~~~ BYrn~ .. ~dwaia.E:Gui{fo,Judge I ol).} I eN . uun TIate If entered pursuant to the consent of plaintiff and defend ~~~A Distribution to: -Legal Services -Faxed & Mailed to PSP -Michael Frownfelter .- - ~ ,-'"''"~' _M " EIofo ~, ~ " --- ~- ~~' ~,~ "L...._...;, - ,"", ~ r CRYSTAL NANKlVELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-7187 CIVIL TERM V. MICHAEL FROWNFELTER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 3/ >tYOf u~1 Y ,2001, upon consideration of the within Motion and on motion of Jessica B. Rhoades, Esquire, Assistant Public Defender, it is hereby ordered that the hearing on charges of indirect criminal contempt previously scheduled for August 1,2001, shall be scheduled for lti: 'dA Y , thel I S~ay of A /4 (i,.u.t-f , 2001, at8: 3d 0' clock ~.M. in Courtroom No. .5...., Cumberland County Courthouse, Carlisle, Pennsylvania. District Attorney's Office Public Defender's Office BY THE COURT, ~ t..dM4tu1 F. C/l..4'J~ / J. Copyl.s 9' 'r..>t:-...J..o b fils 1'/:.>../0/ ~ 6PCJtL ,B! ~H.t!I~~IMHi~ -~ 'aiiv"-IliiiIIlI&~Jlli!!~:k\ji';.1h"',"~&:~Muif~"';;~~"""- - ";j - .ifiilIr 1111 " < ~' . , \tlN\I1I1ASNN3d AlNn08 O~V1838~n8 'S''o'7 '11 I .v hd I - snv 10 mtlON0h-,L(',~ _I~~;J,. ::l0 38L:HD-(j:rJi:l ~ _ M"_ . ,,"- .r.; , ~ .~,~~~"""",,~ ~ , 'Ll" , CRYSTAL NANKNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7187 CIVIL TERM V. MICHAEL FROWNFELTER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT MOTION FOR CONTINUANCE OF HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT TO THE HONORABLE JUDGES OF SAID COURT: NOW COMES the Defendant, Michael Frownfelter, by and through his attorney, Jessica B. Rhoades, Esquire, Assistant Public Defender, and respectfully represents as follows: I. A hearing is set on the above-captioned Protection from Abuse matter for Wednesday, August 1, 2001, at 2:30 p.m., in Courtroom Number 5 ofthe Cumberland County Court House. 2. Defendant is requesting that said Protection from Abuse hearing be rescheduled because one of his witnesses will be out of town until August 11,2001. 3. The District Attorney is not opposed to this request. _ J .'. <,'1;1: WHEREFORE, for all of the above-stated reasons, Defendant respectfully requests of this Honorable Court that it reschedule his hearing on captioned Protection from Abuse matter. Respectfully submitted, - "'-- . 0'\ \. 'y{\ ee,,- y- (). \''0A\.)o~~ Jessi B. Rhoades, Esquire A~_ ant Public Defender Attorney for Defendant , .__.lliJI~~'.J,~" ~~~18 DUII_ ""_,~" <~. =,- "~,-~-- '-liIlIl:. 'h~ ~ ~ j]~M~ljili~~~~ ,~'" ".?- ,', "''''. ",,,",,^,.,' ",'f:,'~,"'J"~","'--->" ,~"." ~ ,.~, .."~, ~- . "~ '-"" ", ""M~"~'-,"""''''''' r~ ~ c:- -;:-:< - ",-. ~ - ".~.' .mlj " . 'I - '. . , ' ~ . Crystal Mae Nankivell Plaihtiff : In the Court of Common Pleas : County, Pennsylvania v. : No. 00-7187 Michael Lee Frownfelter : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Michael Lee Frownfelter Defendant's Date of Birth is: April 19, 1981 N ame( s) of All protected persons, including Plaintiff and minor children: 1. Crystal Mae Nankivell ~lst- AND NOW, this 20th bay of October, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiffs request for a fmal protectiou order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the '<"" ~-,,,,,- ,', ',b< '{~ , .. PlaintiU; or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, Or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. -Plaintiffs residence located at 3470 Wagner's Gap Road, Carlisle, Pennsylvania, -Plaintiffs place of employment located at Delta Dental, Old Depot Road, New Cumberland, Pennsylvania. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4, The following additional relief is granted as authorized by g6108 of the Act: -Defendant is to refrain from harassing Plaintiff's relatives. -Defendant shall not damage or destroy any property owned by Plaintiff. -The court costs and fees are waived. 5. A certified copy ohhis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: -North Middleton Police Department - New Cumberland Police Department 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 7. All provisions of this order shall expire on: Apll'il20, 2002 NOTICE TO THE DEFENDANT , ~' ,"" .l:..." ,~~- ""~ r VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. g6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. S2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C gg2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence ofthe police. 23 Pa.C.S. g6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation ofthe protection order or during prior incid,ents of abuse. The shall maintain possession of the weapons until further order ofthis Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. 1"",,--- __ __ <,~",OL,,';'J "' J - . , . ~ .d " ,,~ "'" " 111I' ~~...-->- , If entered pursuant to the consent of plaintiff and defend Gur~~. . Prnmti s SIgnature Distribution to: -Legal Services -Faxed & Mailed to PSP -Michael Frownfelter .~", ~__II%~~WI'i~~.:tk"'_~.rt~~;WIfu"~",';~.;m!~?,'-""", _:'*""""" ~ ~''''' '.,'-- \l!>~\"/\L!8:!I\!jd /Jr,.I(~r~/) ".~~ ,-' >:!.';j(\) 2 fj :[) ., .L,,,'U .,tK.~,:,";,.]!Il ,_-~,,::.';J~J1!J:iL1?8,H~L:~,J;lH:t,; '-" .,! .mnl!]l,f]ll::')-';'-",~l ,<, "".,~U,J1Jn ,~o__. .~ .__'" ',~r' " ~, ~".. ..< - ,~.. . .'~ ;-, -" c,c.,;", ,; ~'," ~~~^ ~1fJmJ ~:!i " ~,', ~ - ,~ "w.,,~ .-,- *~~. 10/23/00 MON 10:13 FAX 717 240 6573 CUMB CO PROTHONOTARY 1aI001 *************************** .n MULTI 'TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2238 01] 9p2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR , ; . OFFICE OF 'l1iE PROI'tlCNJTARY a.JMBERLAND c.xxJNTY CXJUR'lHOOSE ONE CXJURTHOOSE 9'JUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER '10: Ce....t~/ll PA STATE Pr<. QI!. e..ss iftJ 'J POLICE FAX #: 717-249-0779 .. ~) FRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: S'. r.x:>. OF PAGES (INCLUDING COVER SHEET) ~'."- This T '"g' is iute.M ally fix tie tse of tie irrlivid.el <r a1tity to W1ich is is ..d:t...........J.. <Cd nay . cmtoin infi:mTBtirn \Tat is p:iYi.le::j3::l. a:nf:idential <Cd ~ fron ni....l.... rre \1'rler 'IT'liM'hlp Uw. If tte l1B'ler" of this lTESS3J'! is rot t1-e int:a"'OO:l m::ipia1t. }OJ are ~ rotifiEd ttat ay c:iissan.in3tia1, dist:rib.It:im ex: a::p,rin;J of this a:mnnicatim is strictly r.n;hibi1Rl. If}OJ!BIe re:;ei\.Ed this a:mnni.r.r...im in =. p1.e;se rotify tB imraliately q. teleP't:re <Cd retum lie adgirel. nessa:J' In tB at ~:=r-,,'.._ll.__ 1;n.::l H,,::.,ttC ...............1.-....._ ""--1____ ~ .L,~ _ ....._ L~ ~"",.;~-"'" 10/23/00 MON 14:19 FAX 717 240 6573 CUMB CO PROTHONOTARY 1i!I001 . *************************** *** MULTi TN 'REPORT *n *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2239 ERROR [ 01J9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP .~ . OFFICE OF THE PROI'HO\IOl'ARY CUMBERLAND COONTY OOURTHaJSE .. ONE OOURWOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER FAX .: L.cjat $-enJI C-e s q - .2...4- 6 - 'G D L.r;, ..,.., 1 !le, TO: .. " ~: CURTIS R. LONG HE: f FA Order MESSAGE : .~ .- , 75_ roKl. OF PAGES (INCLUDING COVER SHEET) This ~ is intaT1:d mly fir tTe \.Q; of Ire irdiv:id.el a: alti~ to .rum is is ...l:l.. i, on:! rr8'f Wltain infi::mBt.im trat is p::iYilB:Jrl. a:nfidential arl. e<EJq:;t fron riicrlrR n-e lI'd:!r "'I:l" ;,."nl" IaN. If Ire ~ of litis ~ is rot tie inta"rla} m::ip:ialt, }W are ~ rotifiEd IiBt cnj c:iisroniretio1, d.ist:ril.uti!: or o:pyirg of this conn.nicatjOl is strictly p:dUbita:!. If)OJ tave ~'-<31 tius a:mn.nir.,iim in =, plei3se n:ti.lY \.6 irme:liately q,r te1eprffi arl. return tie adgimlll 'F to LS at ~ ,~ 0_ - .. .,~ c~ "'-""'"" "'-.J':,~' CRYSTAL NANKIVELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- fl~7 CIVIL TERM MICHAEL FROWNFELTER, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON 0 c..+' .3...6 ,1XX\Xf 111 : tJ d A .M., IN COURTROOM NO. S OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing, The court will not, however, appoint a lawyer for you. 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. If you cannot fmd a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ill.Hir- ";'i;;~1~1tm,,,, "~~"""J ~;l'J!,~r,: :,UH~, oW, ^.,' ,.,~,~Jt)L,., u~_~'~~,",," ",_ '-0'':':' '",~} ""J;-.ililif/i:lW~~,l@ll'I'''~~~I';I%.ilIH~ ~' ,:-' .t..:~ {I. ~':'/\/:.I '_q/n.-::."..:. '/17)<;,/\" "i, ,",,:," >tV,\! "/\.'r,ffi/!/:;,. 'CIVf)J //. <~ c. ~[) '.' /r:", ''/f/ lJO'-'r (Ju t; ,:10 FF~,-,; ,;~ "'" ,~" ",. ~. ' ~- ., .- --, "'llIi-~'" . ~~'~ - ,,-- ~...... " ...' ~l ~ -' i. :", Crystal Mae Nankivell : In the Court of Common Pleas : County, Pennsylvania Plaintiff v. : No. (H2. '7/'i '7 Michael Lee Frownfelter : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Michael Lee Frownfelter Defendant's Date of Birth is: April 19, 1981 Name(s) of All protected persons, including Plaintiff and minor children: 1. Crystal Mae Nankivell AND NOW, on 17th Day of October, 2000 upon consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ,O~ l~~- 2, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. -Plaintiff's residence located at 3470 Wagner's Gap Road, Carlisle, Pennsylvania. -Plaintiffs place of employment located at Delta Dental, Old Depot Road, New Cumberland, Pennsylvania, 3, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: -The Cumberland County Sheriffs Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. -This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. -This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. -Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. -Defendant is to refrain from harassing Plaintiff's relatives. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: -North Middleton Police Department - New Cumberland Police Department Llhill Jil,' 0" J'_. lif I!1:~L, "" . l ....~.'- '. l',~" 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy ofthe Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL APRIL 17,2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 V.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation ofthis order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ".,.,' BYll~~ ~j/!l(r./trfJ . Distribution to: Legal Services Faxed & Mailed to PSP ~ ,~' "" j u, Judge Date - _ J. 1"""""'"=....._..;. ',~~"'liL; PFAD Number: TF1l49075R Crystal Mae Nankivell : In the Court of Common Pleas : County, Pennsylvania Plaintiff v. : No. 1>0- 7/f1 Cw<-t'-~ Michael Lee Frownfelter Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Crystal Mae Nankivell 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a, Crystal Mae Nankivell 4. Plaintiff's Address is: 3470 Wagners Gap Rd., Carlisle, PA 17013 5. Defendant's Name is: Michael Lee Frownfelter 6. Defendant is believed to live at the following address: - "'lI ,.~ , ~~~ ~" ~ju.riwlLl~~~ii Cumberland Couny Prison, 1101 Claremont Drive, Carlisle, PA 17013 7. Defendant's Date of Birth is: April 19, 1981 8. Defendant's Place of employment is: Trafcon, Texaco Rd., Mechanicsburg 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner II. The defendant has been involved in a criminal court action. 12. The defendant is currently on probation / parole. 13. The facts of the most recent incident of abuse are as follows: On or about October 6, 2000, Defendant picked up Plaintiff by her arms, threw her against the wall causing her to fall to the floor and a glass to shatter in her hand. Defendant entered the bedroom, grabbed Plaintiff by her neck, threw her on the bed, held her down on the bed by her wrists, and sat on her to further restrain her. Defendant told Plaintiff to look in the bathroom where he had put her camera and watch into a toilet bowl filled with urine. When Plaintiff returned to the bedroom, Defendant followed her, threw her onto the bed, and choked her. Defendant told Plaintiff that it made him feel good to see her cry. Plaintiff reported the incident to the police and Defendant was charged with Simple Assault, Harassment, Violation of his Probation, and Criminal Mischief. Plaintiff suffered a sore back and bruising on her neck and arms. 14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about September, 2000, Defendant came up behind Plaintiff, picked her up by wrapping his arms around her chest, squeezed her causing her to have difficulty breathing, and threw her onto the bed. During another incident in . L, --1._'_ _J~L ~MF' September, Defendant grabbed Plaintiff by the face and pulled her towards him while holding her jaw, 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: -North Middleton Police Department -New Cumberland Police Department 16. There is an immediate and present danger of further abuse from the Defendant. 17. Plaintiff has suffered out-of-pocket fmanciallosses as a result ofthe abuse described above. Those losses are: Plaintiff's camera, worth $300.00, which was damaged during the incident of abuse on or about October 6, 2000. 18. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. d. Order Defendant to pay the costs of this action, including filing and service fees. e. Grant such other relief as the court deems appropriate. f. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the ~ ," U'Mli - Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Date: Respectfully submitted, oan Carey, Attorney for P LEGAL SERVICES, IN 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 -I ;,",:-~",~, VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Dated(!!)rr};o/10u !!tJ/)(/f) CMP/JO ~>J/J1 Crys Nankivell, Plain ff - 0 Co 0 c: .::.. 2" , ~rr: = - , C) --,-1 Z (_II C) ~, r' :;:::. 2:'.: <: ,-', .r!":" f'~ c:: ---...- " --l -< f'J ~ f f ~ 1 r [r. ~ ; r ! ~ ( w ~ ... 'l;\ }-... , b u. -;:. ::t> ) -..:> ,- w ~ :" .1 10/18/00 WED 08:37 FAX 717 240 6573 .. CUMB C~) PROTHONOr~Y :'.~ ~001 *************************** *u MULTI TN REPORT u* *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2227 ERROR [ 01] 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP . . -- . OFFICE OF THE PRarHCNCfI'ARY CUMBERLAND CXXJNTY CXlUR'IHOOSE ONE: <XXJR'l'HOOSE SQUARE CARLISLE, PA. 17013-3387 (711) 240-6195 TO: ~n+rol Pr<<v~\n~ L.aa o.l ~J: o.,S PA STATE POLICE FAX (717) 240-6573 V I ATE L E COP I E R FAX #: 117-249-0779 PRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE : I I I , I i I I 1 I I , NO. OF PAGES (INCLUDING COVER SHEET) This ~ is intarled ~ far t:te we of t:te irdivnal cr mtiqr to Wrich is is aTh 1, ad rrey o::n!illn infurrratim ttat is p:iv:i1e;}3:l, o::nfida1t:ial ad E><l3Jfi: fron <'!i.<rl,..",lTP lJl:Er 'TI'1 ;,w,lp Ja.;. If tre J:rei& of this ~ is rot tiE inteUa:l m:::ipia1t, yell are tEr:"ebt rotififrl ttat cnj disseffiiratia1, rl;~ cr a:pying of this a:mnrucatim is strictly prllibitai. If ycll tave re::ci.VErl ttus - . _..2 ___ H--.. ...........mn:::ol ~ to \.S at. ",;,~~ ,~,~ . '. ~'ffi.. SHERIFF'S RETURN - REGULAR CASE NO: 2000-07187 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NANKIVELL CRYSTAL VS FROWNFELTER MICHAEL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon FROWNFELTER MICHAEL the DEFENDANT , at 0009:35 HOURS, on the 18th day of October ,2000 at CUMBERLAND COUNT PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to MICHAEL FROWNFELTER a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So AnSW?~~ R. Thomas Kline 10/18/2000 Sworn and Subscribed to before By: me this ~-.?.M1 day of @ PI;:}" _ .:J M~iJ A . D . (1. A' 0 'Fn./h:_ l Jirothonotary ~~.w .'* , ",-' - -".~~~. ~~"I , CRYSTAL NANKIVELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-7187 CIVIL TERM MICHAEL FROWNFELTER, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 3~ day of JULY, 2001 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, MICHAEL FROWNFELTER. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of c~sts to be determined by the Trial Judge subsequent to tria!. Edward E. Guido J. Jonathan R. Birbeck Chief Deputy District Attorney MICHAEL FROWNFELTER IikV ~'~~h~".iimi!D!li1f8tl "- ~"~~~k'lclii,i~i~;Wl~i&__lI/'d~' ...""'.., \; ",'[,., '~"'VVnJ .1 ,''-_Li ,j t~ ; ;:,: ~ r .. Ill~ . 'i~t BUiS,': tji' (I'. n h' j~: I ii, Ii ~ lr: Iii I:: ~. f: ~ I !i I I i i . ~,- u~~ L - ~- ~~ ."'" ~~ .~........J.".llll~~,: CRYSTAL NANKlVELL, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 00-7187 CIVIL TERM MICHAEL FROWNFELTER, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: I. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation ofthis Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing ofthis petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. S 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. LJ ~~~ ~ ., , " ~'~~ - '. __c .av:i COMMONWEALTH OF PENNSYLVANIA COUNTY OF:CUMBERLAND ...e",.,.. . , "'- " , POLicE CRIMINAL COMPLAiNT Magisterial District Number: 09-3-03 District Juslice Name: Hon. SUSAN DAY Add"" 229 MILL STREET P,O. BOX 167 MT HOLLY SPRINGS, PA 17065 Telephoo", (717)486-7672 DEFENDANT: COMMONWEALTH OF PENNSYLVANIA VS. I NAME and ADDRESS I Docket No.: MICHAEL L. FROWNFELTER 1645 TRINDLE ROAD CARLISLE, PA 17013 L -.J Date Filed: OTN: Defendant s RacelEthnicity Defendant's Sex Defendant'sD.u.S. Defendant's Social Security Number Defendant's SID (State Identificalfon Number) 181 White o Black o Female o Asian o Native American 181 Male 4/19/81 181-68-0124 o Hispanic [J Unknown Defendant's AKA. (also known as) Defendant's Venicle InfolTl1ation Defendant's Driver's license Number p"te Nombe. I State I Registration Sticker (MMIYY) State I Complaint/Incident Number UveScan Tracking Number Complaint/Incident Number if other Participants UCRlNIBRS Code 01-0665 District Attorney's Office 0 Approved 0 Disapproved because: (The district attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. PaRCr.P. 107.) {Name of Attorney for Commcnwealth-Please Print or T)lpe) {Signature of Attorney fer Commonwealth) (Date) I, DETECTIVE KRISTIN D. MERTZ 49-7 (Name of Affiant"Please Print or Type) (Officer Badge Number/l.D.) of CUMBERLAND COUNTY, CID PA021013A 01-0665 (Identify Department or Agency Represented and Political Subdivision) (Police Agency or ORI Number) {Originating Agency Case Number (OCA)) do hereby state: (check appropriate box) 1. I:8J I accuse the above named defendant who lives at the address set forth above o I accuse the defendant whose name is unknown to me but who is described as o I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at The Trindle Road, to include (Place-Political Subdivision) the following Townships, Silver Spring, Monroe and Middlesex in CUMBERLAND County on or about June 5, 2001, approximately 1800 Hours Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Michael L. Frownfelter AOPC 412A . (8/00) )-2 ~-- .~. J..-"~ - ~"il\U<' ~ Defendant's Name:Michael L. Frownfelter Docket Number: ......,..,...,.. '"".< '"- .' . POLICE CRIMINAL COMPLAINT 2. The acts committed by the accused were: ~Set forth a. summary of the facts sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated, without more, IS not suffiCient. In a summary case, you must elte the specific section and subsection of the statute or ordinance allegedly violated.) ** INDIRECT CRIMINAL CONTEMPT - CSA 1990 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 00-7187 CIVIL TERM THE ORDER WAS SIGNED BY THE HONORABLE EDWARD E. GUIDO THE ORDER WAS DATED 21 OF OCTOBER, 2001 THE DEFENDANT WAS ORDERED NOT TO HAVE ANY CONTACT WITH THE VICTIM CRYSTAL NAN KIVELL TO INCLUED THROUGH THIRD PERSONS. ' all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 6114 of the Title 23 1 (Section) (Subsection) (PAstatute) (counts) 2. of the (Section) (Subsection) (PAStatute) (counts) 3. of the (Section) (Subsection) (PAStalute) (counts) 4. of the (Section) (Subsection) (PAstatute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.8.114904) rel1tin~ ~o \Wsworn falsification to auth9{ities. j) -rt' ~ --F1.:t ,,1001, !)J, &!&r!! ~ (). ~~ (Date) (Signature of Affian AND NOW, on this date, , I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. SEAL (Magisterial District) AOPC 4128 - (8/00) (Issuirig Authority) 2-2 I~'- ,< ~~, ~ ~ ..!iiI ......~' ~i!f~,' Defendant's Name: Michael L. Frownfelter '. POLICE CRIMINAL COMPLAINT Docket Number: AFFIDAVIT of PROBABLE CAUSIE The victim Crystal Nankivell, posses a valid Cumberland County Protection From Nluse Order against the defendant. . On June 8, 2001 ,when this Detective checked her voice mail messages for the wellk of June 4, 2001, she had a message from Crystal Nankivell stating that she had been followed by Matt Shugart arid the defendant Michael Frownfelter on the Trindle Road coming home from work. Crystal Nankivell told me t!jat she had called Hampden Township Police Department and they informed her she needed to contact the PennsYlvania State Police. She contacted the Carlsile, Pennsylvania State Police and they stated there was nothing thby could do for her since he did not threaten her or harm her in anyway. On June 18, 2001, around 1600 hours the victim met with this Detective and Sibert 10 explain what happened on June 5, 2001. Nankivell told me that she had left her job at Delta Dental and was trav~ling on Trindle Road heading towards Carlisle. She looked in her rearview mirror and noticed a red car rapidly comi~g up on the back of her car. She stated she acutaully thought the person was going to hit her car. This happened about a 1/4 of a mile prior to the DUI crosses that are in a field aiong Trindle Road. She stated as she got to the cross~s, a land mark off the road, she could tell that Shugart was driving the vehicle and Frownfelter was the passenger. ShIJ could tell that Shugart and Frownfelter were both laughing. The victim also stated that Frownfelter threw his armsi up and that was a gesture that he made when they would be arguing and he was going to hit her. She also stated tha~ Frownfelter threw a white T- shirt over his face. She stated that she had to go about 65 miles per hour in order to try and get away from the defendant. Nankivell was able to turn onto Middlesex Road and drove to the intersecticPn of Claremont Road and Middlesex road at which time she contacted the Hampden Township Police Deaprtmerit and they had her contact the Pennsylvania State Police. I, Detective Kristin D, Mertz , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. w.L~(ea;"~ Sworn to me and subscribed before me this day of , District Justice My commission expires first Monday of January, SEAL AOPC 412C- 11/24/99 3-3 m _ ""-'. l~" ~_.~ "h"'. ~,_ ..~","","-, - ~~'il\;lf; 1 Crystal Mae Nankivell Plaintiff : In the Court of Common Pleas : County, Pennsylvania v. : No. 00-7187 Michael Lee Frownfelter : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Michael Lee Frownfelter Defendant's Date of Birth is: April 19, 1981 Name(s) of All protected persons, including Plaintiff and minor children: I. Crystal Mae Nankivell ~/st- AND NOW, this 20th oay of October, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED;md DECREED as follows: ' Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiff's request for a final protection order is granted, 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2, Defendant is prohibited from having ANY CONTACT with the . ~ . , . """",.c.~ , ~lillllii1i,' Plaintin; or any other pe~son protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is speCifically ordered to stay away from the following locations for the duration of this order. -Plaintiffs residence lo~ated at 3470 Wagner's Gap Road, Carlisle, Pennsylvania. -Plaintiffs place of emPloYment located at Delta Dllntal, Old Depot Road, New Cumberland, Pennsylvania. 3. Defendant shall not contapt the Plaintiff, or any other person protected under this Order, by telephone or by any other means{including thrOtigh4hird perSOns, . 4. The following additionaireliefis granted as authorized by ~6108 of the Act: . -Defendant is to refrain from harassing Plaintiff's relatives, -Defendant shall not damage or destroy any property owned by Plaintiff, -The court costs and fees are waived. .<'" 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: . -North Middleton Police Department - New Cumberland Police Department 6, THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 7, All provisions of this order shall expire on: April 20, 2002 NOTICE TO THE DEFENDANT .. .. , VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6I 14. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE 81' ATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS.OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or. / threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the apprupriateauthority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. 1iDli!ilII~ ,,,,,,,,~, "~:'; ~ , ~~~~L~ ~ ~~, ~ , >~'H~Hllt1L:iI:ii:lJ . BYTH~ . .~dwaid E. Guiifo, Tudge 10/>'lloV . . ... . ....uun .. Diife If entered pursuant to the consent of plaintiff and defend ~it~-A. Distribution to: -Legal Services -Faxed & Mailed to PSP -Michael Frownfelter --r ~ - .J " ....... c COMMONWEALTH OF PENNSYLVANIA) SS: OCA: COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: MICHAEL FROWNFELTER 1645 Trindle Road Carlisle, PA 17013 DOB: 04/19/1981 SEX: M HT: 508 WT: 180 EYES: BRO HAIR: BLK FBI: 485460PB2 RACE: WHITE DOCKET#: 00-7187 CIVIL SSN: 181/68/0124 OLN: SID: 292-81-10-6 OTN: VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on June 5, 2001, the indirect criminal contempt was filed by Detective Kristin D. Mertz of Cumberland County, CID. WHEREAS, this Court on July 2, 2001 directed a Arrest Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring him/her before at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this 2nd day of July, A.D., 2001. (C;( ~CC-G-wcle; Edward E. Guido J. AZ~~~ ~ PROTHONOT Y ry (SEAL) ,-:":'-L,""-,j;~~,;Il\I",~.l['''''''''~iI,IO>iI''';I",,''i.-~'o:;;,',fu!Wj,;,,-I,,",,"-B:.;jP.j,;j'''''':I~~tWl~'l""""" DYiIl~'ti~ J.lliar.~ _~~!"j.~~~!oli!i:lilllil!!~~~>W~}~_';',,~ CERTIFICATION OF BAil jOTN POLICE CASE NO. D.J,NO. . ~ .(WD DISCHARGE C,P. TERM & NO. 00-7187 Civil COMMONWEALTH VS, (Defendant Name and Address) CHARGE(S) I DATE OF CHARGE(S) Michael F:r:awnfe1ter C/O Sharon Qxxl (Mohter) Ind:iIect Criminal. Contempt of PFA 1645 Trind1e Rd.. Carlsile PA 17013 o ROR (no su rety) o Nominal Bail o Bail (total amount set, it any) $ D Conditions of Release (aside from appearing at court when required:) NEXT COURT ACTION DATE AND TIME I LOCATION Ccourtmc.m 5 To have no contact with Crystal Nankivell. 8-1-01 @ 2:30 ~ ~~ f"n_ TO: D Detention Center o Other I hereby certify that sufficient bail has been entered o By the defendant o On behalf of the defendant by: (attach addendum, if necessary) SECURITY OR SURETY (IF ANY) o Surety Company (Name & Address of Surety) (license No) o Professional Bondsman . Refund of cash ball will be made within 20 days after o Realty IDR final disposition. (Pa.R.Cr.P. 4015(b)) o Other . Refund of all other types of bail will be made promptly after 20 days following final disposition. (Pa.R.Cr.P. 4015(a)) JUDGE OR ISSUING AUTHORITY . Bring Cash Bail Receipt to Clerk of Court. Edward E. Guido ,1. DISCHARGETHEABOVE-NAMED DEFENDANT FROM CUSTODY IF APPEARANCE OR BAil BOND DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and the Official Seal of this Court, UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI this day of ,19_ OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. (SEAL) (Clerk of Court or Issuing Authority) WE, THE UNDERSIGNED, defendant and suret~, our successors, heirs and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of IDR dollars ($ OOR ). SEE REVERSE SIDE FOR BAil CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) ,Principal, and hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. we further certify that said Principal has given to said Surety counter indemnity consisting of of the value of $ as lallows: , Surety, and no further counter indemnity is to be given the said Surety except we further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than thirty days from the date of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of: Dated: ,19 (SEAL) (Principal) MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. (SEAL) (SEAL) 19 PENNSYLVANIA. (SEAL) Signature of Surety (May be Bondsman, Bail Agency, or private individual or organization). Except when defendant is released on his own recognizance (ROR), this must be signed in aft bail situations, including nominal bail. The following acknowledgement is also applicable if Percentage Cash Bail is used. THISBONDSIGNEDON Julv 24. 2001 ~I.i.sle ADDRESS OF SURETY, SURETY COMPANY OR DEFENDANT , Surety No or Professional Bondsman License No, & Expiralion Date ORIGINAL . In case of Percentage Cash Bail or Nominal Bail, Power of Attorney is not required. AOPC414..82 , ~ ~,>.- BAIL CONDITIONS Tne CONDITIONS 01 this bond 'are that the defendaf11 will 0- (1) Appear before the Issuing authority and In the Courts Of the County of Pef1nSY1va""3, al all times as hiS presence may be r~qUlred, ordered or directed, unlll full and final dispOSl!lon of the case, to plead, to answer and cefend as ordered the aloresard charge or charges. (Z) Sllbmll hrMS('!! 10 all ord!?rs and processes of lhe issuing authority or Court. r3l The-- DEFENDANT and SURETY must give wril1en notice to the issuing authortiy, C;erk of Courts the District Attorney AND Court Bail Agency. e" ait'y change In nis address within forty-elght h~I."S 0' Itlp. date oi l','s change of address. ;.1) Comp!y with any speedic requirement of release Imposed by the issuing a"lho(I/I,I or Court, such as a satlsfaclory participation ,n a deslqnated program, (5\ Neither dO nor cause!o be done nor permlllO be dclr"le on hiS orner behalf, any act proscnood by Crimes Code section 4952 Irelating to If1tlmidation 01 wllnesses or victimS) Co' secllon 4-9~; Irelatlng torelallallon 89-,w'",1 ....lfnesse~ or viClirnsl f18 Pa C S as 4952, 4953l \6) Obey such otner con(1I110ns as the Court, or Court Bail Agency with leave of issuing authority or Courl may Imoose . . . . . . . . . . . . . If defendant performs tf1e condH;or,s as set forln herein Ihen th,s bond is to be void, otherwise tfie same shall remai1l in full force and this bond in fhe full sum thereof sliall be forfeited And further, In accordance WIth law, we do heleby empo.ver any attorney of any cpurt of record within the Commonwealth of Pennsylvania or e~sewhere to appear ior us 'at a"y time, and with or without declarations filed, and whethel 0' not the said obligation be In default. to confess judgme'1\ against us, and In favor 01 the Commonwealth of Penn.. syiliania for use of the aforesaid County and its assigns, as Of any term or sesSion of court of record of the aforesaid County for the above sum and cm>ts With release oi ail elrO'S Without stay of execution. and InquIsition on and er'enslon 'upon any leVy or real estate IS - he'eby waived, and condemnation agreed to. and the exerT1pl_on of personal property 'rom levy and sale on any execution hereon is aiso hereby expressly waived and no bene~it of exemption is claimed under and by wtue of ahy exemption law now ,n force or which mav be passed hereaftel And for so doing this shall be sufficienl wanant A CODY of this bond and warranf being med ;n said act,on, it shall not b€ necessary :0 Ille Ihe original as a warrant of al10rr.ey a"'y law or r,-,If' ot the Court 10 thp. contrary, n~ with- standing . . . . . . . . . . . . . . JUSTIFICATION OF SURETY OTHER THAN CASH BAIL ; Qt:csticn5 3, 4, 5, ? 8 .::nd 9 are appiicahia only when real estate ;5 posted as sewrity ) (Cash Sai! justlfica:lOn 5ho'l;n Gn reverse l TtJe undersigned about fo become Surety In the case cited herein, being duly sworn (cr affirmed) deposes and says 1 I reSide at _my phone NQ, IS and my occupation is. and_,1 work.Jo~ 2, I have no undisposed oi criminal cases against me pending in the Courts of County, except as follows: 3 o (l am/We are) the sole owner(s} of } o (I am/We are) jOint tenanl(s) Tn o {I am/We are) tenanl(s) by the entirety In in the SOlid County of real estate Situated _as folfoWs..,viz.:'aq.ar_ce!.of gro,und,.ln siz,e mJ!"'_e _____ Ward, 10 the 0 -eor~~, -0- Tw~ Deity ~f , ~1l,tatP9 af which IS Improved With the follOWing bUildings (AfI other Jomt tenants or tenants by the entirety must co-sign this bond and state their addresses at the bottom of this page or on an attachment hereto.) 4, The-said properly was obtained by me bY 0 Deed 0 Will from 5 The 0 Deed 0 Will is dated of County, 0 an'd is recorded in lrle office of the -8 ~8ecorder of Deeds Pefld 0 Wjlt60~Y_oj._Pa9-e--.,..,anct1tie 1.illg is)IL.U oW Oame situated at IlaITl!:< AlSO a p8rct::'1 Gl ground, In size _\-\a,Q,lnthe CJ Boro, 0 Twp, 0 Cltyct [J \",'illfrom [] Deeo [] Will BookVol._Page_of 6 I am net SurelY on any bond 01 any kind exceot as follows: i",'ATl -TJ Register of Wills o and my spouse's \n the . The_O Deed LJ . Tl'(e,sa.idp',QQ~!ty wa~,Qbtajrleo by I!l~J;.lY 0_ ~Deeo___ Willis dated and is recorded in County. and is in 0 my name 0 and my spouse's ~ame AMOU'lT DEFfNCA"lT 7 There are no mortgages, or other liens or encumbrances of ar,y kind or descrlpfion. upon the saId premises. and there are no judgm-ents against me except as follows: Mortgages as set forth In the Recorder of Deeds on first propelly Mortgaoes as set forth In the Recorder 01 Deeds on secolld property ...!lJdgl'"lE"nls and Liens Real E'st.<lll? ta\(!?s havl?- been paid exceot e The as'SoO'sser:! Ilafuation of said premises IS:" 9, No judgment has been entered or 8<:<tlon insHtlJted agalnsf me upon a forfeited recognizance exceot 10 i have read carefully the foregOing aHidavlt and know that It is lrue and correct Sworn (affirrnec!} and subscntlea betore me this day 01 19_ lC!lJrkof Coun or Issumg Authomy) 'sCAL P''''C'(!a- J?EAL Surety Co'su'erv, danV,CO"lomlrenantOfCO.lenantbvtheenl"ety - -~._ - _SEA!--~~ ._SEAL . .i,1 ~ , ~,Niftl..iii~iH:; CRYSTAL NANKIVELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-7187 CIVIL TERM MICHAEL FROWNFELTER, Defendant : CHARGE: INDIRECT CRlMINAL CONTEMPT p..olORDER OF COURT AND NOW, this ,) day of JULY, 2001 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration ofthe attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, MICHAEL FROWNFELTER. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rilles of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, {sf ~MLrt .(YWcdiJ Edward E. Guido J. Jonathan R. Birbeck Chief Deputy District Attorney MICHAEL FROWNFELTER TRUE COPY ~OM RECORD In Testtmony wllel'8Of. I here unto SIlt my haOO a~. stlIIII 01 said. Court at Ca.r1lsle. "{;J~/ Th ,{It ~ oI~~ ~#/ A ~ , . , ProthonOtarv "'""~lO'! CRYSTAL NANKIVELL, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 00-7187 CIVIL TERM MICHAEL FROWNFELTER, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 9 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. 96113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. , 'COMMONWEALTH OF PENNSYLVANIA POLICE COUNTY OF:CUMBERLAND .. CRIMINAL COMPLAINT i Magisterial District Number: ! 09-3-03 District Justice Name: Hon. COMMONWEALTH OF PENNSYLVANIA SUSAN DAY VS. Address: 229 MILL STREET DEFENDANT: P.O. BOX 167 I NAME and ADDRESS I MT. HOLLY SPRINGS, PA 17065 T"'phO"" (717)486-7672 MICHAEL L. FROWNFELTER Docket No.: 1645 TRINDLE ROAD CARLISLE, PA 17013 Date Filed: L ~ OTN: Defendant's RacelElhniclty Defendant's Sex Defendant's D.O.B. Defendant's Social Security Number Defendant's SID (Slate Identification Number) mI While o Black o Female o Asian o Native American 181 Male 4/19/81 181-68-0124 o Hispanic 0 Unknown Defendant's A.KA. (also known as) Defendant's Vehicle Information Defendant's Driver's License Number Plate Number I Sla" I Registration Slicker (MMNY) Slat, I ComplalnUlncldent Number LlveScan Tracking Number Complaint/Incident Number If other ParUclpanls UCRlNIBRS Code 01-0665 . District Attomey's Office 0 Approved o Disapproved because: (The district attorney may require that the complaint, arrest warrant affidavit, or both be approved by the 'attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) (Name of Attorney for Commonweallh.Please Print or Type) (Signature of Atlomeyfor'Commonweallh) (Date) I, DETECTIVE KRISTIN D. MERTZ 49-7 (Name Of Affiant-Please Print or Type) (Officer Badge Number/l.D.) of CUMBERLAND COUNTY, CID PA021013A 01-0665 (Identify Department or Agency Represented and Political Subdivision) (Police Agency or ORl Number) (Originating Agency Case Number (OCA)) do hereby state: (check appropriate box) 1. ~ I accuse the above named defendant who lives at the address set forth above 0 I accuse the defendant whose name is unknown to me but who is described as o I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at The Trindle Road, to include (Place-Political Subdlvlslon) the following Townships, Silver Spring, Monroe and Middlesex in CUMBERLAND County on or about June 5, 2001, approximately 1800 Hours Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Michael L. Frownfelter AOPC 412A- (8/00) 1-2 ~~ ~- -, '_..l ." 'i>- -'0/; Defendant's Name:Michael L. Frownfelter Docket Number: ,.~- ~ POLICE C$,IMINAL COMPLAINT 2. The acts committed by the accused were: ~Set forth a ,summary of the facts sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated, without more, IS not sufficIent. in a summary case, you must cite the specific section and subsection of the statute or ordinance allegedly violated.) .. INDIRECT CRIMINAL CONTEMPT - CSA 1990 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 00-7187 CIVIL TERM THE ORDER WAS SIGNED BY THE HONORABLE EDWARD E. GUIDO THE ORDER WAS DATED 21 OF OCTOBER, 2001 THE DEFENDANT WAS ORDERED NOT TO HAVE ANY CONTACT WITH THE VICTIM CRYSTAL NAN KIVELL TO IN CLUED THROUGH THIRD PERSONS. ' all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 6114 of the Title 23 1 (Section) (Subsection) (PAStatute) (counts) 2_ of the (Section) (SubsectiOfl) (PAStalute) (counts) 3. of the (Section) (Subsection) (PAStatutej (counts) 4. ofthe (Section) (SUbsection) (PAStatute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S.lj4904) rel,~in~.:o ~sworn falsification to auth9l;ities. ;) h ~ ' ~ ~ ~ . Joot , il.9../t , lS.-1Af!J~ n. fI<1p~ (Date) (Signature of Affian AND NOW, on this date, , I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. SEAL (Magisterial District) AOPC 4128 - (8/00) (Issuing Authority) 2-2 - . .-; - ~~.hi,,' > Defendant's Name: Michael L. Frownfelter .. POLICE CRIIMINAL COMPLAINT , I I Docket Number: . . . AFFIDAVIT of PROBABLE CAU~E The victim Crystal Nanklvell, posses a valid Cumberland County Protection From IAbuse Order against the defendant. ' On June 8, 2001, when this Detective checked her voice mail messages for the ~eek of June 4, 2001, she had a message from Crystal Nankivell stating that she had been followed by Matt Shugart nd the defendant Michael Frownfelter on the Trindle Road coming home from work. Crystal Nankivell told me that she had called Hampden Township Police Department and they informed her she needed to contact the Penn ylvania State Police. She contacted the Carlsile, Pennsylvania State Police and they stated there was nothing, hey could do for her since he did not threaten her or harm her in anyway. ' On June 18, 2001, around 1600 hours the victim met with this Detective and Sib!; to explain what happened on June 5, 2001. Nankivell told me that she had left her job at Delta Dental and was Ira eling on Trindle Road heading towards Carlisle. She looked in her rearview mirror and noticed a red car rapidly co Ing up on the back of her car. She stated she acutaully thought the person was going to hit her car. This happene~about a 1/4 of a mile prior to the DUI crosses that are in a field along Trindle Road. She stated as she got to the cros es, a land mark off the road, she could tell that Shugart was driving the vehicle and Frownfelter was the passenger. he could tell that Shugart and Frow. nfelter were both laughing. The victim also stated that Frownfelter threw his ar~s up and that was a gesture that he made when they would be arguing and he was going to hit her. She also stated t at Frownfelter threw a white T- shirt over his face. She stated that she had to go about 65 miles per hour in order to try and get away from the defendant. Nankivell was able to turn onto Middlesex Road and drove to the interseq;tion of Claremont Road and Middlesex road at which time she contacted the Hampden Township Police Deaprtment and they had her contact the Pennsylvania State Police. ! I, Detective Kristin D, Mertz , BEING DULY SWORN ACCOlRDING ']['0 LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. {1:l. ~L ().~ (Signature of Affiant) Sworn to me and subscribed before me this day of , District Justice My commission expires first Monday of January, SEAL AOPC412C-11/24/99 3-3 " , - I I . . Crystal Mae Nankivell Plaintiff : In the Court of Common Pleas : County, Pennsylvania v. : No. 00-7187 Michael Lee Frownfelter : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Michael Lee Frownfelter Defendant's Date of Birth is: April 19, 1981 Name(s) of All protected persons, including Plaintiff and minor children: 1. Crystal Mae NankivelI .;ll Sf- AND NOW, this 20th Day of October, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED )md DECREED as follows:' Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted, 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2, Defendant is prohibited from having ANY CONTACT with the 0.'. ~, L, iIl- '----".,~~.';i - , , Plaintin; or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is speCifically ordered to stay away from the following locations for the duration of this order. -Plaintiffs residence located at 3470 Wagner's Gap Road, Carlisle, Pennsylvania. -Plaintiffs place of employment located at Delta D!lntal, Old Depot Road, New Cumberland, Pennsylvania. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means;,ificluding thrOugMhird personSl 4. The following additional relief is granted as authorized by 96108 of the Act: . -Defendant is to refrain from harassing Plaintiff's relatives. -Defendant shall not damage or destroy any property owned by Plaintiff, -The court costs and fees are waived. -<' 5, A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: . -North Middleton Police Department - New Cumberland Police Department 6. THIS ORDER SUPERSEDES: I. ANY PRIOR PFA ORDER 7. All provisions of this order shall expire on: April 20, 2002 NOTICE TO THE DEFENDANT .......~ .~'-"' " -~ j,- I VIOLATION OF THIS ORDER MAY RESULT IN YOUR ~REST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMP WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. S6114. i VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA qRIMES CODE. i ! THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRIT/ORIES AND THE COMMONWEALTH OF PUERTO RICO UNDE~ THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. S2265. IF TOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONAL. Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FE ERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C SS2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPE S IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSEC TION AND PENALTIES UNDER THE "BRADY" PROVISIONS. F THE GUN CONTROL ACT, 18 U.S.C. S922(G), FOR POSSESSI N, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUN ION. NOTICE TO LAW ENFORCEMENT OFFICI~S The police who have jurisdiction over the plaintiff's residence R any location where a violation of this order occurs OR where the d fendant may be located, shall enforce this order. An arrest for violationi~f Paragraphs 1 through 3 of this order may be without warrant, bf'sed soley on probable cause, whether or not the violation is committed i~ the presence of the police. 23 Pa.C.S. S6113. : i Subsequent to arrest, the police officer shall seize all weapons Jlsed or. .<< threatened to be used during the violation of the protection <?rder or during prior incidents of abuse. The shall maintain possession of the 'teapons until further order of this Court. i When the defendant is placed under arrest for violation of this prder, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect~riminal Contempt" shall then be completed and signed by the police oficer OR the plaintiff. Plaintiff's presence and signature are not required to file the I. , comp amt. i , If sufficient grounds for violation of this order are alleged, the ~efendant shall be arraigned, bond set and both parties given notice ofthr date of the hearing. lilIiliiiii ~"~, '" .- ,. .- BYTIJ~ . .~dwai-aE: Giiioo,Jiidge 10/>.1 I (]V ... ...... nnn .. Date If entered pursuant to the consent of plaintiff and defend ~its~nA. Distribution to: -Legal Services -Faxed & Mailed to PSP -Michael Frownfelter <<" """"'-" ~ 1,,~t1, . . .:1 ~ ~Ct~ JL (j}l f!-t)(2 - tJ(j Cmt~ uJiR VL6t-tM ~.---=: -, ~_ .0, _.. . -. ,~~-F- - '.--1: ~ _ _i If- _________ -----~---..:....--! . flA.:Zk{ PwW(\~I-0- Cio (yu - 7 { t7 ~~wt~ ~~ oJ--- p FA,-. th - . f/l~O[ ~ ~~3of1YV1 iU 1",,- fJ etW-o - ,-,' "J _ 'Co .-- 'Co' ~o.",];;;i' ",--,_ .~- _cd'''< ~'~ CRYSTAL NANKIVELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL LEE FROWNFELTER, Defendant 00-7187 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of July, 2001, a hearing is set on the Protection for Abuse matter docketed at 00-7187 Civil Term for Wednesday, August 1, 2001, at 2:30 p.m. By the Court, Edward E. Guido, J. Michelle H. Sibert, Esquire For the Commonwealth 1t l~O\ Public Defender's Office ,- . .[J .' ~ , ~_. '-'"' O"",'~'"".' -, ~' '~< ';'<J ....,";), ~,', Crystal Mae NankivelI : In the Court of Common Pleas : County, Pennsylvania Plainti ff v. : No. 00-7187 Michael Lee Frownfelter : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Michael Lee Frownfelter Defendant's Date of Birth is: April 19, 1981 Name(s) of All protected persons, including Plaintiff and minor children: 1. Crystal Mae Nankivell ~Ist- AND NOW, this ~Oth Day of October, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED;md DECREED liS follows:' Upon agreement of the parties for ihe entry of a consent order, this order will be entered without any admission ofIiability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted, 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2, Defendant is prohibited from having ANY CONTACT with the ,it:::" L;""~,,,_,_""M;>II.l_~~~i.2'h'-"-'!.'l~J1"'~-"lili.i!;.JIiIl~A;'Ij"____"''''''''''~'''''''',.;,~~~ffi~'~!1!iI"nN"'_'I',..,.l""j""U"'k"-'2l!,,,,~!,1;U!bi-"'~~'J7..mJ-"j,.___.~bk""~_-"l, CERTIFICATION OF BAIL IOTN POLICE CASE NO D,J, NO AND DISCHARGE C.P. TERM & NO 00-7187 Civil COMMONWEALTH VS. (Defendant Name and Address) CHARGE(S): I DATE OF CHARGE(S:, Michael Frownfelter 1645 Trindle Road Indirect Carlisle PA 17013 Criminal Contempt on PFA rn ROR (no surety) o Nominal Bail o Bail (total amount set, il any) $ o Conditions 01 Release (aside lrom appearing al court when required:) NEXT COURT ACTION Defendant to have contact with DATEANDTIME "LOCATION Courtroan lIK 5 no 9-25-01 @ 9:30 AM victim either by telephone. letter Cumberland Co Courthouse or in person and not to be within TO: o Detention Center o Olher 500' of victim. I hereby certify that sufficient bail has been entered o By Ihe defendant o On behalf of the defendant by: (attach addendum, if necessary) SECURITY OR SURETY <IF ANY) o Surely Company (Name & AdfJress of Surety) (License No.) o Professional Bondsman . Refund of cash bail will be made within 20 days after o Realty ROR ( Re-instated) final disposition. (Pa.R.Cr.P. 40t Sib)) o Other . Refund of all other types of bail will be made promptly after 20 days following final disposition. (Pa.R.Cr.P. 4015(a)) JUDGE OR ISSUING AUTHORITY Edward E. Guido. J. . Bring Cash Bail Receipt to Clerk of Court. DISCHARGE THE ABOVE.NAMED DEFENDANT FROM CUSTODY IF APPEARANCE OR BAIL BOND DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and the Official Seal of this Court, UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI this day of ,19_ OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. (SEAL) (Clerk of Court or Issuing Authority) WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of R 0 R dollars ($ ). SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) ,Principal. and hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnity consisting of of the value of $ as follows: , Surety, and no further counter indemnity is to be given the said Surety except We further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than thirty days from the date of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of: Dated: ,19 (SEAL) (Principal) MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. (SEAL) (SEAL) The following acknowledgement is also applicable if Percentage Cash Bail is used. THIS BOND SIGNED ON AUqUS t 22. Carlisle at 20!!l.- PENNSYLVANIA. (SEAL) Signature of Surety (May be Bondsman, Bail Agency, or private individual or organization). Exqept when defendant is released on his own recognizance (RDR), this must be signed in all bail situations, including nominal bail. ADDRESS OF SURETY, SURETY COMPANY OR DEFENDANT ,19_ Surely No, or Professional Bondsman License No. & EXpir8r10n Date . In case of Percentage Cash Bail or Nominal Bail, Power of Attorney is not required. AOPC 414-82 ORIGINAL BAfL CONDITIONS The CONDITIONS of Ih,s _bond are that the defe"",dar,! will (1) Appear belore Ihe Issuing authority and ,n 1he Courts of the County 01 PennSYlvania at all limes a<; hiS presence may be reQLlJred. ordered or directed. until full and fmal diSPOSition of the case, to olead.:o answer and ~e!end as ordereo the atoresald charge or charges (2) Submil himself 10 all orders ..md processes of the issuing authority or Courl (3} The DEFENDANT and SURETY must gOV8 written notice 10 (he issuing authority, Cier~ 01 Court>:; the District Attorney AND Caurl Bail Agency. 0' a"y change In his address wllnm lorly-elght hours ol'''e date Of hiS change 01 address l41 Comply with any spee<flc reouiremem (lj retease imposed by'lhe Issuing authority or Court, such ~<;;J sal'slactory parllc1oatlor"i In a deSignated Ologram 15) Neither 00 nor cause to oe done nor per'll!t to be done on hIS or he! Oehal!. any Ilel prozcribed by Crimes Code section 4952 (re!atlng 10 intimidation of witnesses or victims) or seclron 49531r~liJlin9 toreialiatlon aQ&lflst wltneSSf!<; 0' v;ct:rr>9i (18 Pa C S SS 4952, 4953) l61 Obey SuGr, QIller conditions as-the Court. or Court Bail Agency With leave of issuing autnomv or Courl may impose . . . . . . . . . . . . . If defendant performs the cO!",ditions as set torth herem then this bond is 10 b~ void, otherwise the same shall rerr"ain in lul110rce and IhlS bond ir1 lhe flJll sum thereol shall be forfMed A'1d further, m accordance With law, we do hereby empower any attorney of any court of record withm the Commonwealth of Pennsylvania or elsewl1ere to appear for us at any tiMe, ar1d with or Without declarations filed, and whelher or not the said obligation be in defautt. to co'-,Iess judgment againSt us, and m favor 01 the Commonwealth of Penn- syivania lor use of the aforesafd County a'1d its assigf1$ as of any term or session oj court of rp.cord of the afotE'said COV~'lti for the above sum and costs with release of an errors. Without sla'y of execution. ana InqUls'tlon on and extenSion UDon any levy or real es:late IS hereby waived, and condemn"allon agreed to, and the exemption Of personal prooertv frOM tevy and sate on any eXE'cutJOr1 he''?o'1 's. also hereby expressly waived and no bene/it 01 exemotlon 1$ claimed under and bv vlllue ot any exemption taw now In forCi< or which mal,' be passed !">ereafter And for so dOing this shall be -suffiCient warrant A cbpy . 01 this bond a'1d warrant being filed in said action. II shali '101 be necessary to We the original as a warrant 01 attorney any law or rule of Ine Court 10 the contrary. not wilh. st8ndl'lg . . . . . . . . . . . . . . JUSTIFICATION OF SURETY OTHER THAN CASH BAIL (O'.'o:;!!cns 3, 4, 5, Y. 8 3,,10 G <ir;:: appllc;Jb:e only when real estatz i5 posted as security. ) (Cash 8a:1 JUstillcatlon shalf.'r: en reverse,) The underSigned about to become Surety In the case cited herein. being duly sworn (or allirrnedl deooses and says.: 1 I reSide at my phone No IS and my occupation IS aod.! work for 2. I have no undisposed of criminal cases against me pending In the Courts of County, except as follows: 3 o (I am/We are} the sole owner(s) at } o (1 am/We are) jOint tenant(sj In o (I am/We are) tenant(s)by the entirety in 'in the said County of real estate Sit waled . as tOJlO'.NS,Ylz.:_gtFa.r~l?I9f gro_uQQJn ?,12;E!_ mlhe_Warr:J"lnl11e__O 80ro, 0 Twp 0 Ci!yoJ l sltuat_eg at Ilr'hich IS Improved With lhe tOllowlng bUildings rAil other lomt tenants or tenants by the enttfety must co-sign this bond and state their addresses al the bot/om of this page or on an attachment hereto.) 4, The sa'a property was obtained by rne by D Deed 0 Will from The [] Deed Ci Will is dated of County, 0 Deed D ancj is r~cord~din the of lice of the 0 Re_cord_er of Deeds Will Book V_ol.--':"""""'Page_, and the title- is io 0 my name <-situa1ed at 'lam.;> AIS(l <l parcl?1 of ground. In size _V"'C:lrd,lnthe 0 Boro. 0 Twp 0 Ci1yof o Will from C Deeet ~ Will BooltVol _Page_of 6 ! am n0t Surety on any bona 01 any kind except as follows' ~lATE. _Tb~[J.Deed [] o Registeror'WillS __ o and my spouse's )n lhe The said property was obrained by me by 0 Deed WilliS aated and IS recorded WI County. and is in 0 -.Illy name C; and my sPcllse's J"lam€ A~CU"'T Df:FI'''iOAJ\T 7 Therl? are no mortgag"es, or other liens or encumbrances of any kind or descnptlon uoon the said premises. and there are no Judgments against me exceot as tollows Mortgages as set torth In the Rl?corder of Deeds on first property Mortgages as set forth In the Rf'corder of Deeds on secof"ld orooerty Judgment'" Af"ld Liens qeal ~~t::jte t2l<es hAv~ been p81d e;:cept. 8 The a"''''~~s'3PC! valuation 01 said premIses IS' 9 No judgment has been flrrtered or action institull:!'d agatnst me:upon a forfeited recognizance e;:cept 10 I have read carefully the foregoing affidaVit and know that it is true and correct Sworn laffirmea) and subscribed belore me thiS day of 19 ICl81I<OICowrlor!$:;vrngAlJltlorHY} .SEAL Pr'~c,pal SEAL S,P81, Co.suretv IlaM CO'jOml!9na'1tOICO'!13n9ntOylheentlrerv pEAL SEAL ,", "... ~ ' -" ',~ '~~;"_.; CRYSTAL NANK1VELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7187 CIVIL TERM V. MICHAEL FROWNFELTER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER AND NOW, this ~ day of August, 2001, upon consideration of the Commonwealth's motion for a continuance to the week of August 13,2001, or August 20,2001, and the defendant having concurred, the indirect criminal contempt hearing previously scheduled for August 31, 2001, shall be scheduled for bJld,uud/1Y, theJ.;.MJ day of August, 2001, at II: ad o'clockiLM. in Courtroom #5, Cumberland County Courthouse, Carlisle, Pennsylvania. Edward E. Guido, J. Michelle H. Sibert Senior Assistant District Attorney . C\ e.~ t~~~ Jessica Rhoades, Esquire Public Defender's Office " iIiIIY- iii: iI.illJillJi n.l!r~l!i[l~1'-""';";"""" .*iil!m~>d~1lii;'..~~$~.A ""\.':" '<,:,-'-- ~J VINlft\1-\SNN3d JJ.Nnm Ci\!fl:-r.J8iW10 {: S : II \~~ B - 5nV 10 Ati\110;'..\;,HJC'::i;" .:'J :;::;-i:-!::':O-(jj'ii:! lID ~, _ _'^~ _'"~.3_ .-.,. _,,,~. _~"_ ~~ "Lbll,III\/illllU__"'-" ~ " "~.k"""- -,.;, , CRYSTAL NANKIVELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-7187 CIVIL TERM V. MICHAEL FROWNFELTER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S MOTION FOR A CONTINUANCE AND NOW, comes Michelle H. Sibert, Senior Assistant District Attorney, requesting a continuance for the following reasons: 1. An Indirect Criminal Contempt hearing was scheduled for Wednesday, August 1,2001, at 2:30 p.m. in courtroom #5. 2. On Monday, July 30, 2001, defendant filed a motion for a continuance which was not opposed by the district attorney, understanding that a defense witness was not available until Monday, August 13, 2001. 3. On July 31, 2001, the Court set a new hearing date of Friday, August 31, 2001, at 8:30 a.m. in courtroom #5. 4. Detective Kristin Metz will be in the Outerbanks on August 31, 2001, and she is a necessary Commonwealth witness. 5. The defendant concurs with the Commonwealth's request for a continuance. WHEREFORE, The Commonwealth, with the agreement from the defendant, would ask that the hearing be rescheduled for the either the week of August 13th / or the week of August 20th. .1", ~~_'lli!:"~'~'h"~<' 'Ia;UljL~~~J\\i.i~~~_Mjj*IJ.Ifi. ", :'''J!_ - J,;:;L" ,~~._" ,. ~ " "--'" - " ,,'<-- ~. ~,= 'HiM. -'u"" ~' -."JIt'llJlIlIiIll (') C r. ~ '_J .", .,.- J::;o ."tt mrr 2>) ~ z-r-; ze' i r c/j .... -;-:.f"n ;:;;<,;' _J '-) ~C3 ;D-> --,::(.~) ;:t;: I-~-';i :-!j zO --. pO B ..C' C t;nl z 0 ::;:i ::;! '" --i :D -< " -. ' j-, '~ ~ ',.! CRYSTAL NANKIVELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-7187 CIVIL TERM MICHAEL FROWNFELTER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: CONTEMPTjROR BAIL ORDER OF COURT AND NOW, this 22nd day of August, 2001, after hearing, we find the Defendant in contempt of our prior protection from abuse order. He is directed to appear for sentence on Tuesday, September 25, 2001, at 9:30 a.m. A sentencing report is ordered. Pending sentence, the Defendant is released on ROR bail, with the express condition that he have no contact with the victim by phone, by letter, or in person. There is the additional express condition that he is not to be within 500 feet of the victim under any circumstances whatsoever. By the Court, Edward E. Guido, J. Michelle H. Sibert, Esquire Assistant District Attorney Robin C. Marable, Certified Legal Intern Office of the Public Defender Probation She:ciff Victim - Witness srs ~\ COf1'l ~ WW ~- d1(i~ , , ~f~~"""' ~ "-ni OM' - "~'--~~b:Hj' ".= ~, -~:"r'~..t;"m:";mo;A~~~S~':;.\~' ,.,""' -- ~"",-- --.;oR"""" ViNVir!}8NNJd J I rrnrir, (:\ 'I l-r'_:-~{"''Ar/l'"'''' ,'~L ,J ,'_',,"' I_I:' ~:.;-~C~ ,) 1<..; LS :'-. HV '-? [,'1;,'-1 ('~ ~" vj I Iii ;".. J'''r I"OV.,_'., ',' "-. '"'' ~- - -~, " _,_ 1_ ? i". ;",,~,,-_-,~_\, . ',-_, .. CRYSTAL NANKIVELL, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ;~-7187 CIVIL TERM MICHAEL FROWNFELTER, Defendant INDIRECT CRIMINAL CONTEMPT COMMONWEALTH 01-1124 CRIMINAL TERM CHARGE: CRIMINAL MISCHIEF V. MICHAEL FROWNFELTER OTN: E208498-3 AFFIANT: OFF. MARK MCCREARY IN RE: SENTENCE COLLOOUY Proceedings held before the Honorable EDWARD E. GU1DO, J., Cumberland County Courthouse, Carlisle; pennsylvania, on Tuesday, September 25, 2001, in Courtroom Number Five. APPEARANCES: Michelle Sibert, Esquire Assistant District Attorney Timothy L. Clawges, Esquire Assistant Public Defender .-l, "";,,. " "..:' -1-" C" '~[-, l__j<' __~. 1 MS. SIBERT: This is Mr. Frownfelter, number 2 96. Your Honor, I have Mr. Frownfelter's Criminal Mischief 3 file in front of me, and the plea was taken in front of 4 Your Honor back on August 21st of 2001. 5 6 THE COURT: Okay. MS. SIBERT: Your Honor, the only thing the 7 Commonwealth, again, requests is that the sentences are not 8 run concurrent to each other. They're completely separate 9 offenses involving two different victims. Each deserve 10 their own sentence. 11 THE COURT: Mr. Clawges, let me start off 12 by saying that in looking at this defendant's recent prior 13 record, and having heard the evidence in this case, and 14 having reviewed the presentence investigation report, that 15 you've got some convincing to do to have me keep him out of 16 jail because he has not done a very good job of showing 17 that he can stay out of trouble, of showing that he doesn't 18 just thumb his nose at the authority of this Court and the 19 other Courts of this county. So give it your best shot, 20 Mr. Clawges. 21 MR. CLAWGES: Well, Your Honor, one thing he 22 has recently done is obtain the employment with Excel, 23 which is full-time, and it's on the 11 to 7 shift. 24 THE COURT: Starting when? 25 THE DEFENDANT: At Excel? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -r._ , -r-,-I L..,,' _,c,,-_~~;' _ -,"=>"-' THE COURT: Yes. THE DEFENDANT: Two days ago. THE COURT: Okay. You were at work last night? THE DEFENDANT: Yeah. I was, yeah. THE COURT: You were at work the night before? THE DEFENDANT: Yes. THE COURT: And when I call Excel right now on the phone they're going to confirm that you were there? THE DEFENDANT: Yes, Your Honor. I have a paper. THE COURT: Let's see the paper. Maybe it will save a phone call. THE DEFENDANT: It got a little messed up. I'm sorry. That just says the day I started and the day I went in for a urine test. THE COURT: All right. Keep going, Mr. Clawges. You're getting warmer. MR. CLAWGES: Well, hopefully with steady employment -- steady employment with somebody who has some oversight of him, that will be a first -- big first step in keeping him -- getting him onto the right track. Michael indicates that he certainly doesn't want any contact with the victim in the case, actually both 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~--- ,~ l., ~ , ~,-" ,'---",-- -,.. m,,- of them, or either of them, I should say. THE COURT: Do you know of any anti-punk programs around that we can get him enrolled in? Is the Probation aware of that? MR. CLAWGES: Essentially that's about all I can say, Your Honor. He has obtained a job. He's hopeful of being able to keep that job and turn it around. THE COURT: Let me hear from you. You've still got some convincing to do. Do you think you can go through life bullying your way around? THE DEFENDANT: No. I've been trying. As hard as that is to believe, I've been trying to stay out of trouble. I think the last time has been December, and then I was on the right track until this last incident. THE COURT: And you've not been in jail yet, have you? THE DEFENDANT: Yeah, I was in jail when I was convicted of the simple assault. THE COURT: How much time did you do in jail ? THE DEFENDANT: I believe it was right at two weeks. Exactly two weeks, I believe. THE COURT: It didn't do a darn bit of good, did it? THE DEFENDANT: It makes me not want to go 1; -" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~\ . -, ,,"-~_'"' '--,~' -', " ",;J, ; ,,_"" ,:;;:.;c-,_o ",. ",-<'.,- '>.'-<'-'Ifji back. I know that much. THE COURT: Well, it doesn't make you change your conduct at all, does it? here today? Is Miss Nankivell MS. SIBERT: THE COURT: MS. SIBERT: Yes, Your Honor, she is. Does she wish to say anything? No, Your Honor. I believe she did speak with the Probation Officer. THE COURT: Do we know who's going to be -- Is Lyle going to be doing the supervision on this? PROBATION OFFICER GUTSHALL: Bruce Althouse. THE COURT: Okay. If I don't put him in jail today can he keep him on a very tight leash? PROBATION OFFICER GUTSHALL: Yes, sir. THE COURT: If you get in any trouble at all in the next 18 months, if you litter, you're going to jail. THE DEFENDANT: Thank you. THE COURT: Underage drinking, you're going to jail. If you lose that job, you're going to jail. Just call up and get your bed. If you see Miss Nankivell on the street and you say hello, you're going to jail. If she's on fire and you throw water on her to put her out, you're going to jail. Do you understand that? ~ '1._-, '-,' -, - ",.1> ,-- 6-"":' _:",:"" "-~...:o.,, ,~ ~ - (~:~ 1 THE DEFENDANT: Yes, Your Honor. 2 THE COURT: If you're in the same restaurant 3 that she's in, and you don't turn around and run away, 4 you're going to jail. Do you understand that? 5 THE DEFENDANT: Yes. 6 THE COURT: This leash has two links in it, 7 and that's it. You deserve to go to jail today, and you 8 deserve to go for a substantial period of time. I want 9 this transcribed. I want Mr. Althouse to get a copy of 10 this so he knows what we're hooking at. Anything else? 11 12 MS. SIBERT: No, Your Honor. THE COURT: We'll enter the following 13 order: 14 AND NOW, this 25th day of September, 2001, 15 the Defendant having appeared for sentence, and the Court 16 being in receipt of a sentencing report, sentence of the 17 Court at 00-7187 is that the Defendant be placed in the 18 Intermediate Punishment Program 6 months, with supervision, 19 and subject to the following restorative sanctions: 20 1. That he pay the costs of prosecution. 21 22 2. That he pay a fine of $200.00. 3. That he refrain from any and all contact 23 with Crystal Nankivell under any circumstances whatsoever. 24 4. That he maintain full-time employment 25 working not less than 40 hours per week. ,',__"_ ,J".., ,,-;-'""J "l.c " "';' _,_~_ _ --, 1 5. That he not use any drugs or alcohol. 2 6. That he be and remain on good behavior. 3 Sentence of the Court at 01-1124 is that the 4 Defendant be placed in the Intermediate Punishment Program, 5 with supervision, for 12 months, consecutive to the 6 sentence imposed at '00-7187, with supervision, and subject 7 to the following restorative sanctions: 8 9 10 1. That he pay the costs of prosecution. 2. That he pay a fine of $200.00. 3. That he perform 40 hours of community 11 service. 12 4. That he maintain full-time employment 13 working not less than 40 hours per week. 14 5. That he have no contact with the victim 15 of this case or the victim in the case at 00-7187. 16 17 6. That he refrain from the use of drugs. 7. That he comply with all directions of 18 his parole officer. 19 8. That he be and remain on good behavior. 20 THE COURT: Sir, you have 10 days from 21 today's date within which to file a motion to withdraw your 22 guilty plea, and 30 days from today's date within which to 23 file an appeal to the Superior Court in connection with 24 each charge, and a motion to modify sentence in connection 25 with each charge must be filed within 10 days. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 --" ~J ,- -, ,_ ,.f",;J _ ~. ,-,' ',i "I'~,<_,,- - ; ~'i!'14,""_ ,;;',,-'- ,",' )-.ili Any matters not raised in those motions or on that appeal will be forever waived. that? Do you understand THE DEFENDANT: Yes, I do. THE COURT: Mr. Clawges will continue to represent you free of charge in connection with those motions or that appeal. I would suggest that you discuss this matter with him before leaving the courthouse today. I would also suggest that you stay out of trouble and stay away from these people and stay working full-time. That job kept you out of prison today. If you lose the job, you're going to jail. (Whereupon, the proceedings concluded at 10:25 a.m.) CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript of same. ~ine j~ Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. 1/ ~ -,1 D I Date Edward E. Guido, J. Ninth Judicial District .1.__. .,' '", ".-' ,;.. ~,~", "';''::1'"",. \..I1j',r"ft\'lf ('~\!r, I:'cl VI 'v, . .\~, '.,' UN'ln.-, n'." n' !'Y"""" I j 1 '.. r" j ,,'-" ~ ': ',~,:_;C:" \1 fl...l 81:::[ [lei 1.7, (L:lS iO AUvIC,\.,. . ~ - "-"",, ".'n_ ~ . Ii: [..'..... r~;! Iii f' 1.~.1 i'l " i~~1 il'/,I ):1 ~i Iii ,';1 1"1 ~. \Iil Ii 1"'.'" I :I :1 I I , , -: ,~" ,-~." .r - , , 1_ l" CRYSTAL NANKIVELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :~0-7187 CIVIL TERM V. MICHAEL FROWNFELTER, Defendant INDIRECT CRIMINAL CONTEMPT COMMONWEALTH 01-1124 CRIMINAL TERM CHARGE: CRIMINAL MISCHIEF V. MICHAEL FROWNFELTER OTN: E208498-3 AFFIANT: OFF. MARK MCCREARY IN RE: SENTENCING ORDER OF COURT AND NOW, this 25th day of September, 2001, the Defendant having appeared for sentence together with Timothy L. Clawges, Esquire, Assistant Public Defender, and the Court being in receipt of a sentencing .report, sentence of the Court at 00-7187 Civil Term is that the Defendant be placed in the Intermediate Punishment Program for 6 months, with supervision, and subject to the following restorative sanctions: 1. That he pay the costs of prosecution. 2. That he pay a fine of $200.00. 3. That he refrain from any and all contact with Crystal Nankivell under any circumstances whatsoever. 4. That he maintain full-time employment working not less than 40 hours per week. 5. That he not use any drugs or alcohol. '.",," -".-, """' -, Ii' ....... -< . ' ~ ;.. _"( "<-J. ""(j ~ ,',,-' I 6. That he be and remain on good behavior. Sentence of the Court at 01-1124 is that the Defendant be placed in the Intermediate punishment Program, with supervision, for 12 months, consecutive to the sentence imposed at 00-7187, and subject to the following restorative sanctions: 1. That he pay the costs of prosecution. 2. That he pay a fine of $200.00. 3. That he perform 40 hours of community service. 4. That he maintain full-time employment working lot less than 40 hours per week. 5. That he have no contact with the victim of this case or the victim in the case at 00-7187. 6. That he refrain from the use of drugs. 7. That he comply with all directions of his parole officer. 8. That he be and remain on good behavior. Michelle Sibert, Esquire Assistant District Attorney Edward Timothy L. Clawges, Esquire Assistant Public Defender G:~I Probation Sheriff Victim Witness :mae _M:lll~~~~M~Lr 1idl!ll!n!.~Mi>'-'\.M~i!i'@~$>'1;i'ii1i1h'''i'.~~~~_...:l ^-.,;'~i':a 'II .iill.L V!NV'l\1),8~~~13r1 U\lnr,r~t ,~'1' ",' ;'1' 7....,.";' , j~1 "....'...' ;, !:";:;: ,H---j~.:Lc\lnJ ""_d,,li J t~S:f Hd I :J d-J~'" I' O. 1.. (.- ,_") )\UV1C,!\u;.- , . ~.. ""! -~,-' - -~ .. tid{i'~'~ ~~ - I,:! :1 <'cl <I .... ..... , Hi "I [il 1- ~I H l'lil " \>;1 h "I Iii ill 1:1 iil Ii! Iii i~I' ii I' i~ II ,iI " 'I II li I ,-j '" ~" ~ " 1...........-..- "J ~~ ~ .'~ COMMONWEALTH VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7187 CIVIL TERM CHARGE: INDIRECT CRIMINAL CONTEMPT MICHAEL L. FROWNFELTER PETITION #02-117 IN THE CASE OF MICHAEL L. FROWNFELTER, UNDER INTERMEDIATE PUNISHMENT FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF INTERMEDIATE PUNISHMENT To the Honorable Judge Edward E. Guido of Cumberland County Courts. WHEREAS, defendant was sentenced on 09/25/01 on the above captioned charge to 6 months Intermediate Punishment. WHEREAS, defendant has violated Intermediate Punishment for the following reasons: B) Violated defendant March 6, Drinking. Special was cited 2002 for A) Violated defendant 2002. THEREFORE your petitioner prays this Honorable Co rt to determine whether there has been an Intermediate punishment violation and if so, whether the Intermediate Punishment heretofore granted should be revoked. I verify that the facts set forth in this petition are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of section 4904 of the Crimes Code (18 PA C.S. @4904) relating to unsworn falsification to authorities. Respect L. Bruce Althouse, Petitioner , . 1w6"""~"",,,,,,~~:;miIl(1':''''''":U~fi.~~,,*,,--mB1.&a'rlij:j!ift~iil!l~~i~~! ~" \;IiN ~lFl/S> i-,!:ld AJNrc"'- '-~~~:'/',,:n'J ." '.J ";.' M ,__ <. ~~_.....~ ~''-''''~''''ildii:ll!l.:l!!lll~1i!I1w . ",'.', ~,~ ..., .~,.;-_. ,. r;; I: I; I:" " i ;~. ;", 1-'; I 'j :~; I': [; ri t, , ~ ; r;' F' i ~, ~ If': 1: , 1_' ~' " E \; ! f; 'f',-' -.~ ,"""",", ~~, -- ".~- ~.~ ~ ,- , . 'V' .Sf: CERTIFICATIOO OF PFA ~ CASE tu4BER () 0 - 7 ( n NAME f1{lc~e! ~r~ltq 14:.. 8/;{\j5: - --- , ~CJ~~ ~;;G[c--ff,ri-~-l'C-'F BALANCE DUE: $ 3 J..f. fO VICTIM'S NAME: Crt&htl lia4ivetl 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITU~ON NAME (V+i~y ADDRESS ADD DELETE $ $ $ $ $ ~1. ~O $ $ 15.00 $ $ 15.00 $ $ ~6-,6--V $ CITY STATE ZIP NAME $ MV,tv $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE &.. .r . ~~' ~'% PERSON CERTIFYING INFORMATION ~_'k.L--bb. ~~_ ,~._ - , DAT /0-(-01'