HomeMy WebLinkAbout00-02185
MICHELLE BAUER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000- d 185 CIVIL TERM
NATHAN L YCERAS HAYWARD, JR,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
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. Ifyoil 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 the f ~ ~y of Apri~ 2000, at 3 ; 3 () D. m " in
CourtroomNo, ~ of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania,
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 US.C. ~2265, this Order is enforceable
anywhere in the United States, tribal lands, US, Territories and the Commonwealth of Puerto Rico, If you
tralVel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 US,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 find 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,
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MICHELLE BAUER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 2000- a\ <65 CIVIL TERM
NATHAN L YCERAS HAYWARD, JR.,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: NATHAN L YCERAS HAYWARD, JR.
Defendant's Date of Birth: 12/12/67
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected P~ MICHELLE BAUER
AND NOW, thiJ'" day of April, 2000, upon consideration of the attached Petition
for Protection from Ab~he court bereby enters the foUowing Temporary Order:
l&> 1. Defendant shaD not abuse, harass, stalk or threaten any ofthe above persons in
any place where they might be found.
l&> 2. Defendant is evicted and excluded from the residence at 165 West North Street,
Carlisle, Cumberland County, Pennsylvania, or any other permanent or temporary residence
where Plaintiff may live. Plaintiff is granted exclusive possession ofthe residence. Defendant
shall have no right or privilege to enter or he present on the premises.
l&> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, bnt not limited, to any contact at Plaintiff's current residence, and any
other residence she may, in the future, estahlish for herself, her school, business, and/or place
of employment.
l&> 4. Defendant shaD not contact Plaintiff by telephone or by any other means,
including through third persons.
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J:&> 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the foDowing minor children:
Malique LoweR Hayward (12/23/97) and Mya Nachae Hayward (01/02/99)
Until the final hearing, all contact between Defendant and the children shall be
limited to the foRowing:
Contact between Defendant and children is ,suspended pending further
Order of Court after the hearing scheduled in this matter.
o 6. Defendant shall immediately relinquish the following weapons to the Sherifl's Office
or a designated local law enforcement agency for the delivery to the Sheriffs Office: Ilfnht
Defendant is prohibited from possessing, transferring or acquiring any other weapons for the
duration of this Order,
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The foDowing additional relief is granted:
The Cumberland County Sheriff's 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 fonvarded
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 tenninated 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 solely
by Plaintiff.
J:&> 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
J:&> 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and ANY PRIOR
ORDER RELATING TO CHILD CUSTODY.
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THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE TO DEFENDANT
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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 U. S.c, ~~2261-2262, Any protection order
granted by a court may be considered in any subsequent proceedings, including child custody
proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes.
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NOTICE TO LAW
ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over plaintifl's residence
OR any locations where a violation ofthis order occurs OR where Defendant may be located, If
Defendant violates Paragraphs 1 through 6 of this Order, Defendant may 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 Sheriffs office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this Court, unless the
weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest,
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Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
Judge
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MICHELLE BAUER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 2000- ;}./ 8'5 CIVIL TERM
NATHAN L YCERAS HAYWARD, JR.,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR
PROTECTION FROM ABUSE
COUNT I
1.
Plaintiff is Michelle Bauer.
2,
The name of the person who seeks protection from abuse is Michelle Bauer,
3,
17013,
Plaintiff's address is 165 West North Street, Carlisle, Cumberland County, Pennsylvania
4,
Defendant's whereabouts are unknown to Plaintiff.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 12/12/67,
To the best of Plaintiff's knowledge Defendant is unemployed,
5. Defendant is the father of Plaintiff's children.
6, Plaintiff and Defendant have been involved in the following court action:
Case name
Bauer v, Hayward, Jr,
Case No.
Date filed
March 2000
Court of Common Pleas
Cumberland County
7. Defendant has been involved in the following criminal court action:
Carlisle Police ch3rged Defendant with simple assault and a warrant was issued
for his arrest on Apri14, 2000, as a result of the incident which occured on or
about April 2, 2000, involving Plaintiff. To date Defendant has not been
apprehended,
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Plaintiff believes that Defendant was convicted of drug related charges
in Maryland within in the past 5 years and served a 6-month sentence in the
county jail near Salisbury, Maryland.
8. Plaintiff seeks temporary custody of the following children:
Name
Malique Lowell Hayward
Address
110 WalmorManor
Dillsburg, P A
Birthdate
12/23/1997
Mya Nachae Hayward
110 Walmor Manor
Dillsburg, P A
01/02/1999
9. Plaintiff and Defendant are the parents of the following minor children:
Name
Malique Lowell Hayward
Mya Nachae Hayward
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2 years old
14 months old
10. The following information is provided in support ofPlaintifl's request for an Order of
child custody:
a) The children were born out of wedlock.
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b) The children are presently in the custody of Plaintiff, Michelle Bauer, who is
temporarily residing at 110 Walmor Manor, Dillsburg, York, Cumberland County,
Pennsylvania.
c) Since their births the children have resided with the following persons and at the
following addresses:
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Persons children lived with
Plaintiff and her parents, Ruth
and Charles Bauer
Address
110 Walmor Manor
Dillsburg, P A
When
From 04/03/00
to the present
Plaintiff, Defendant's sister,
Cliche Hayward, and her children,
Mark, Brittany, and Timothy
Willow Garden Apts.
Highspire, P A
From 04/02/00
to 04/03/00
Plaintiff and Defendant
165 West North Street
Carlisle, P A
From 03/00
04/02/00
Plaintiff
165 West North Street
Carlisle, P A
From 04/01/99
to 03/00
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Persons children lived with
Plaintiff, and her sister and
brother-in-law, Linda and
Darrell Wolfe
Address
1098 Floribunda Lane
Mechanicsburg, P A
When
From 4/98
to 04/01/99
Plaintiff, and her parents
110 Walmor Manor
DiIlsburg, P A
From 12/23/97
to 04/98
d) Plaintiff, the mother of the children, is Michelle Bauer, currently residing at 110
Walmor Manor, Dillsburg, York County, Pennsylvania.
e) She is single.
f) Plaintiff currently resides with the following persons:
Name
Ruth and Charles Bauer
Malique Lowell Hayward
Mya Nachae Hayward
Relationship
her parents
her son
her daughter
g) Defendant, the father of the children, is Nathan Lyceras Hayward, Jr. Plaintiff
does not know his whereabouts.
h) He is single.
i) Plaintiff has no knowledge of whom Defendant currently resides with.
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j) Plaintiffhas not previously participated in any litigation concerning custody of
the above mentioned children in this or any other Court.
k) Plaintifl'has no knowledge of any custody proceedings concerning these children
pending before a court in this or any other jurisdiction.
I) Plaintiff does not know any person not a party to this action who has physical
custody of the children or claims to have custody or visitation rights with respect to the
children.
m) The best interests and permanent welfare of the minor children will be met if
custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons
including:
1) Plaintiff is a responsible parent who has provided for the
emotional and physical needs of the children since their births,
and who can best take care of the minor children.
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2) Defendant has shown by his abuse of Plaintiff and/or children
that he is not an appropriate role model for the minor children.
3) Defendant's behavior has adversely affected the children.
11. The facts of the most recent incident of abuse are as follows:
Approximate Date:
Place:
On or about April 2, 2000
165 West North Street, Carlisle, Cumberland County,
Pennsylvania
On or about April 2, 2000, Defendant hit Plaintiff in the face with a
sneaker (men's size 12), yelled at her, grabbed her by the hair, and punched her
on the back of the head. Plaintiff, who is 6 months pregnant, sustained
lacerations and swelling about the inside of her mouth as a result of this incident.
The Carlisle Police Department filed charges of simple assault against
Defendant and issued a warrant for his arrest on April 4, 2000. As of the filing
of this petition, Defendant has not been apprehended.
12. Defendant has committed the following prior acts of abuse against Plaintiff:
a) In or about March 2000, Defendant threw the child's booster seat at
Plaintiff, narrowly missing hitting her.
b) In or about February 2000, Defendant cornered Plaintiff, punched her in
the head, and yelled pointing his finger in her face.
c) On or about December 28, 1999, Defendant yelled at Plaintiff, called her
names, falsely accused her, followed her into the bathroom, repeatedly slapped
her about the side of her head, and spat on her. When Plaintiff became ill and
began vomiting, Defendant told her that she made him sick, threatened to urinate
on her, and then did so. Knowing that Plaintiff wanted to get into the shower to
clean herself off, Defendant told her to go ahead and get in, and threatened to
throw a pair of electric clippers into the shower if she got in. Defendant further
threatened Plaintiff saying that he wished he had a gun so he could take her life.
d) From approximately October through December 1999, the two following
incidents occured:
Defendant argued with Plaintiff, and as she sat on the couch he
repeatedly kicked her about the back while wearing steel-toed work
boots, told Plaintiff that he hated her, and punched her in the head twice.
The parties' two children witnessed the incident. Plaintiff sustained
soreness about her back and head as a result of this incident.
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Defendant struck Plaintiff about the head several times, and
threatened to continue to beat her. As Plaintiff drove Defendant to work,
he screamed in her ear, demanded that she drive him to a nearby gas
station, where he telephoned his place of employment and reported off
work for the day, got back into the car and further threatened Plaintiff
saying that he was going to beat the shit out of her. When Plaintiff and
Defendant got back to the house, Plaintiff went inside and telephoned
911 for help as Defendant talked to a neighbor. The Carlisle Police
responded, and stood by as Plaintiff gathered clothing for herself and the
children and left the home to avoid further abuse.
e) Since approximately March 1997, Defendant abused Plaintiff in ways
including, but not limited to, shoving, grabbing, slapping, punching, kicking,
pulling her hair, throwing objects at her such as shoes, toys, a bottle oflotion,
pinning her against walls, controlling her, intimidating her by drawing back his
fist causing her to fear he was going to hit her, and threatening to beat her.
13. The following police department or law enforcement agency in the area in which
Plaintiff lives should be provided with a copy of the Protection Order:
The Carlisle Police Department
14. There is an immediate and present danger of further abuse from Defendant.
15. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 165
West North Street, Carlisle, Cumberland County, Pennsylvania, which is rented in the names of
Plaintiff and Defendant.
16. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse
described above: see attached Exhibit A, incorporated hereto by reference.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFfER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
in any place where she may be found.
B. Evict and exclude Defendant from Plaintiff's current residence and prohibit
Defendant from attempting to enter any temporary or permanent residence of the
Plaintiff.
C. Award Plaintiff temporary custody of the minor children and place the following
restrictions or contact between Defendant and children:
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Contact between Defendant and children is suspended pending further
Order of Court after the hearing scheduled in this matter.
D. Prohibit Defendant from having any contact with Plaintiff and/or the minor
children, either in person, by telephone, or in writing, personally or through third
persons, including, but not limited to, any contact at Plaintiff's current residence, and any
residence she may, in the future, establish for herself, her school, business, or her place
of employment, and/or the daycare facility of the parties' minor children.
E. Prohibit Defendant from having any contact with Plaintiff's relatives.
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F. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
a result of the abuse, to be determined at the hearing.
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Order Defendant to pay the costs of this action, including filing and service fees.
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H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost oflitigation in this case.
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Order the following additional relief, not listed above:
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff
Grant such other relief as the court deems appropriate.
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K. Order the police or other law enforcement agency to serve Defendant with a copy
of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform
the designated authority of any addresses, other than Defendant's residence, where
Defendant can be served.
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COUNT n
CUSTODY UNDER PENNSYL VANIA CUSTODY LAW
17. The allegations of Count I above are incorporated herein as if fully set forth.
18. The best interest and permanent welfare of the minor children will be served by
confirming custody in Plaintiff as set forth in paragraph 10 of the petition.
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WHEREFORE, pursuant to 23 Pa.C.S.~5301 et: seo., and other applicable rules and law,
Plaintiff prays this Honorable Court to award custody of the minor children to her.
Respectfully submitted,
Date:
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an Carey, Attorney fo
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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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.~4904, relating
to unsworn falsification to authorities.
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MlCHELLE BAUER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000-2185 CIVlL TERM
NATHAN L YCERAS HAYWARD, JR.,
Defendant : PROTECTION FROM ABUSE AND CUSTODY
~RDER OF COURT .
AND NOW, thilV day of April, 2000, upon consideration of the attached Petition, the
Temporary Protection From Abuse Order in the above-captioned case entered on April I 0, 2000, is
hereby vacated and the action withdrawn withont prejndice to Plaintiff.
By the Court,
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Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17103
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MICHELLE BAUER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000-2185 CIVIL TERM
NATHAN LYCERAS HAYWARD, JR.,
Defendant : PROTECTION FROM ABUSE AND CUSTODY
UTITION TO VACATE ORDER
AND WITHDRAW ACTION
Plaintiff, Michelle Bauer, by and through her attorney, Joan Carey of Legal Services, Inc.,
requests that the Court vacate the Temporary Protection From Abuse Order in the above-captioned
case and that the action be withdrawn on the grounds that:
1. A Petition for Protection From Abuse was filed and a Temporary Protection From
Abuse Order was issued by this Court on April 10, 2000, scheduling a hearing for
April 12, 2000, at 3:30 p.m. before Judge Hoffer in Courtroom No.3 of the Cumberland County
Courthouse.
2. Plaintiff does not wish to pursue this action at this time.
3. Plaintiff requests that the Temporary Protection From Abuse Order be vacated and
the action withdrawn without prejudice to her.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the
Order, and that the action be withdrawn without prejudice to Plaintiff.
Jo Carey, Attorn
L GAL SERVIC
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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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. ~4904, relating
::wom... tioo o_~ ~n;J.OJ ~
Michelle Bauer, Plaintiff
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