HomeMy WebLinkAbout08-0046AARON GRAY COHEN
Pro Se
1199 Highland Drive
Bloomsburg, PA 17815
(717) 418.0500
AARONGRAYCOHEN(LNETZERO.NET
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17101
Plaintiff,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION IN LAW-Custody
V.
Lisa Matukaitis
2202 Chestnut Street
Camp Hill, PA 17011,
Defendant
14. o Fr 46 C Wt- -
CIVIL ACTION COMPLAINT
"NOTICE TO DEFEND"
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any money claimed in the
complaint or any other claim or relief requested by the Plaintiff. You may lose money or
property or other important rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
AARON GRAY COHEN
Plaintiff
Pro Se
1199 Highland Drive
Bloomsburg 717.514.0500
aarongrraycohengnetzero.net
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815 CUMBERLAND COUNTY
Plaintiif,
CIVIL ACTION IN LAW-CUSTODY
V. 71.0. U
Lisa Matukaitis
2202 Chestnut Street
Camp Hill, PA 17011,
Defendant.
CIVIL ACTION -CUSTODY
JURISDICTION AND VENUE
1. This Court has jurisdiction over this case because the Parties reside together in
Cumberland County, where their children live and attend school. Children live with the
Defendant. To Plaintiff's knowledge and belief, a divorce has been initiated in Cumberland
County by Defendant. Plaintiff is residing with his parents in Columbia County.
PARTIES
2. Plaintiff Aaron Cohen is the father of the parties' two children, Bennett Cohen, 3, and
Ethan Cohen, 7. He is an attorney and ex- partner of Defendant in their law firm in
Harrisburg, PA.
3. Defendant Lisa Matukaitis is the mother of the parties' two children.
FACTUAL ALLEGATIONS
4. Parties currently have no custody agreement. At first, Plaintiff had Custody every
other Friday through Monday and one night a week.
5. After the parties began arguing after separating at work and at home, Defendant will
only allow supervised visits which severely limit Plaintiff's ability to see his children
whom he raised at home during their infancy.
WHEREFORE, Plaintiff AARON COHEN. hereby requests that this Court order that
Plaintiff, a fit father, to have unsupervised joint custody of the parties' two children from
Friday Night to Monday Morning every other week, one evening every week (overnight or
not at Plaintiff's pleasure), two weeks sole custody during the summer for vacation,
alternating holidays, and two weeks during the summer with Primary Joint Physical Custody.
A conciliatory meeting between the parties with the Master is hereby requested.
J
Aaron Co
Pro Se
DATED: -January 3, 2008
VERIFICATION
Pursuant to 18 Pa. C.S. Sectin 4904, I, Plaintiff Aaron Gray Cohen, hereby certify that the
facts written in the attached Complaint are true and correct to the best of my knowledge and
belief.
DATE: -January 3, 2008
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AARON COHEN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LISA MATUKAITIS
DEFENDANT
2008-0046 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, January 40, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February 05, 2008 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South. Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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AARON COHEN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
LISA MATUKAITIS
Defendant
2008-0046 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this I tip day of C e-V rJcxyN , 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Lisa Matukaitis, and the Father, Aaron Cohen, shall have shared legal custody
of Ethan Cohen, born July 18, 2000, and Bennett Cohen, born January 26, 2004. Major decisions
concerning the Children including, but not necessarily limited to, their health, welfare, education,
religious training and upbringing shall be made jointly by the parties after discussion and consultation
with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither
party shall impair the other party's rights to shared legal custody of the Children. Neither party shall
attempt to alienate the affections.of the Children from the other party. Each party shall notify the other
of any activity or circumstance concerning the Children that could reasonably be expected to be of
concern to the other. Day to day decisions shall be the responsibility of the parent then having
physical custody. With regard to any emergency decisions which must be made, the parent having
physical custody of the Child at the time of the emergency shall be permitted to make any immediate
decisions necessitated thereby. However, that parent shall inform the other of the emergency and
consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall
be entitled to complete and full information from any doctor, dentist, teacher, professional or authority
and to have copies of any reports or information given to either party as a parent as authorized by
statute.
2. The Mother shall have primary physical custody of the Children.
3. The Father shall have partial physical custody of the Children on alternating weekends from
Friday after school through Monday morning when the Father shall transport the Children to school.
In addition, the Father shall have custody of the Children every week on Tuesday and Thursday from
after school until 8:00 p.m.
4. Unless otherwise agreed between the parties, the Mother shall have custody of the Children
for all major Jewish holidays, the Father shall have custody of the Children for all major Christian
holidays and the parties shall equally share having custody for Thanksgiving, Spring break and July
Fourth, with the specific times and days for exchanges of custody to be arranged by agreement. The
parent who has custody of the Children over the weekend immediately preceding Monday holidays
shall retain custody of the Children for the holiday.
5. Each parent shall be entitled to have custody of the Children for two (2) non-consecutive
weeks each summer. The Mother's periods of vacation custody shall run from June 16 through June
22 and August 18 through August 24. The Father shall schedule his periods of vacation custody to run
consecutively with the Mother's to avoid interruption with the Children's camp schedule. The Father
shall provide notice to the Mother prior to the scheduling of the summer camp schedule each year.
6. The non-custodial parent shall be entitled to have reasonable telephone contact with the
Children. Neither party shall contact the Children while in the other party's custody after 7:30 p.m.
7. The Father shall not contact the Mother's office.
8. The parties shall alternate taking responsibility for care of the Children on sick days.
9. The Mother may obtain the Children's passports and maintain them for future use.
10. In the event either parent intends to remove the Children from the Commonwealth of
Pennsylvania for an overnight period or longer, that parent shall provide advance notice to the other
party of the address and telephone number where the Children can be contacted.
11. All exchanges of custody which do not occur at the Children's school, shall take place at a
public place to be determined on an ongoing basis. The parties shall conduct all exchanges of custody
in a calm and civil manner to promote the emotional well-being of the Children.
12. Each party shall provide the other party with at least 24 hours advance notice of the need to
cancel or change the custodial arrangements due to extraordinary circumstances.
13. The custodial parent shall ensure that the Children's homework is completed, that school
lunches are provided, that clean bedding (for the youngest Child) is returned to school following
weekends and that the Children are properly dressed for school.
14. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
15. The parties shall limit all communications to each other to issues concerning the Children.
16. Counsel for either party or a party pro se may contact the conciliator to schedule an
additional custody conciliation conference, if necessary, to establish a more detailed holiday custody
schedule, if necessary, within six (6) months of this Order.
17. This Order is entered. pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
U
cc/Darren J. Holst, Esquire - Counsel for Father
,,Aisa Matukaitis - Mother
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AARON COHEN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
LISA MATUKAITIS
Defendant
2008-0046 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Bennett Cohen January 26, 2004 Mother
Ethan Cohen July 18, 2000 Mother
2. A custody conciliation conference was held on February 5, 2008, with the following
individuals in attendance: the Father, Aaron Cohen, with his counsel, Darren Holst, Esquire, and the
Mother, Lisa Matukaitis, who is not represented by counsel in this matter.
3. The parties were able to reach an agreement at the conference as to custodial arrangements
conditioned on provision by the Father of a letter from his psychologist and psychiatrist confirming the
Father's medications and his ability to provide care for the Children (including driving a motor
vehicle), to manage custodial exchanges in an appropriate manner and to contribute to the making of
major decisions concerning the Children. It was agreed that the conciliator would hold this matter
pending receipt of the letters from the Father's mental health professionals and for an additional 24
hours to permit time for the Mother to raise any concerns regarding the letters before submission of the
conciliator's Report and Order reflecting the terms of the parties' agreement.
4. Having received the psychiatrist/psychologist letter on February 18 (Saturday, February 16)
and having received no further contact from the Mother raising objections, the conciliator recommends
an Order in the form as attached.
(? I)I, 3019e
Date Dawn S. Sunday, Esquir
Custody Conciliator
AARON COHEN IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiff
vs.
2008-0046 CIVIL ACTION LAW
LISA MATUKAITIS
Defendant
IN CUSTODY
MOTHER'S PETITION FOR CONTEMPT, REQUEST FOR ENFORCEMENT
OF PROTECTIVE CUSTODY PROVISIONS AND FOR AN ORDER
REQUIRING FATHER TO UNDERGO PSYCHOLOGICAL AND CUSTODY
EVALUATION
Comes now, Lisa Matukaitis, Mother in the above-captioned case, and moves for
contempt against Aaron Cohen, Father, and hereby requests the Court enforce the
provisions of the Custody Order designed to protect Mother from abuse and enter a
restraining order against Father, and requests Father undergo a psychological evaluation
and custody evaluation and in support thereof states as follows:
1. Lisa Matukaitis ("Mother") is Mother of the parties' two children, E.G.C. age
9, and B.B.C., age 5.
2. On or about November 8, 2007, Mother filed for divorce against Aaron Cohen
("Father").
3. Subsequently, Father filed the instant action, seeking partial custody of the
parties' children.
4. At the time Father filed the instant action, he was residing at 1199 Highland
Drive, Bloomsburg, Columbia County, Pennsylvania and continues to reside
at that address.
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5. At the time Father filed the instant action, Mother was residing with the
parties' children in Camp Hill, Cumberland County, Pennsylvania, where she
continues to reside with the parties' children.
6. At the time Father filed the instant action, Mother was, and is, the owner of
Matukaitis Law LLC, and maintains a law office at 211 State Street, Suite
100, Harrisburg, Pennsylvania 17101. For purposes of running her office, she
has two business phone numbers, 717-412-7759 and 717-514-3762. Mother is
the sole economic supporter of the parties' children.
7. Father is a 38 year old attorney, admitted to practice law in Pennsylvania,
Massachusetts, and Connecticut and resides with his parents in Bloomsburg,
Pennsylvania. Upon information and belief, Father is either unemployed
and/or works part-time as a substitute teacher, earning approximately $400 per
month through this employment and rarely contributes to the economic
support of the children. For instance, Mother received only $210.00 from
Father over the past seven months for the care and custody of the children.
8. Prior to, and since the time of Father's custody petition, the children have
been attending school in Camp Hill area. Currently, E.G.C. attends 4`h grade
and B.B.C. attends afternoon kindergarten at the Camp Hill Borough School
District.
9. On February 5, 2008, the parties attended custody conciliation. Father was
represented by counsel, and Mother appeared pro se.
10. During the custody conciliation, Mother requested, and received, protective
provisions in the Custody Order designed to limit Father's access to her based
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on Father's history of emotional and psychological abuse of Mother
throughout their marriage.
11. The custody conciliator filed a summary report, indicating the parties were
able to reach an agreement at the conference conditioned on Father providing
a letter from his psychologist and psychiatrist confirming the Father's
medications and his ability to provide care for the Children, to manage
custodial exchanges in an appropriate manner and to contribute to the making
of major decisions concerning the children.
12. This Court entered an Order dated February 28, 2008
13. Per the Order, Mother has primary physical custody of the Children.
14. Father has partial physical custody of the Children. Paragraph 3 of the
Custody Order requires as follows:
The Father shall have partial physical custody of the Children on
alternating weekends from Friday after school through Monday
morning when the Father shall transport the Children to school. In
addition, the Father shall have custody of the Children every week on
Tuesday and Thursday from after school until 8:00 p.m.
15. To date, Father has not moved to modify the Custody order and the Order
cannot be changed absent mutual consent. See Paragraph 17 of the Order. As
such, the February 28, 2008 is in full force and effect and has been since that
time.
16. Mother seeks relief from this Court for Father's on-going and continuous
violations of the following provisions of the February 28, 2008 custody order:
a. Paragraph 6 of the Custody Order provides as follows:
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The non-custodial parent shall be entitled to have reasonable telephone
contact with the Children. Neither party shall contact the Children while
in the other party's custody after 7:30 p.m.
b. Paragraph 7 of the Custody Order requires as follows:
The Father shall not contact the Mother's office.
c. Paragraph 11 of the Custody Order provides as follows:
All exchanges of custody which do not occur at the Children's
school, shall take place at a public place to be determined on an
ongoing basis. The parties shall conduct all exchanges of custody
in a calm and civil manner to promote the emotional well-being of
the children.
d. Paragraph 13 of the custody Order requires as follows:
Each party shall provide the other party with at least 24 hours advance
notice of the need to cancel or change the custodial arrangements due to
extraordinary circumstances.
e. Paragraph 13 of the custody Order requires as follows:
The custodial parent shall ensure that the Children's homework is
completed, that school lunches are provided, that clean bedding (for the
youngest Child) is returned to school following weekends and that the
Children are properly dressed for school.
f. Paragraph 15 of the custody Order requires as follows:
The parties shall limit all communications to each other to issues
concerning the children.
17. Father has violated Paragraphs 3 of the Order. For instance, Father regularly
requires Mother to transport and pick up the Children in Pine Grove (a
distance of over 90 miles roundtrip the Mother and children's residence in
Camp Hill) at 6:00 p.m. on Sundays when Father has partial custody of the
parties' children. Thus, Father fails to either pick up and/or return the
children to school on Mondays as is required by Paragraph 3 of the Order.
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18. Father fails to pick up the children on Tuesdays and Thursdays as is required
by Paragraph 3 of the Order. Instead, he sometimes picks them up on
Wednesdays and/or regularly changes plans and requests to pick up the
children different days and with last minute notice, which is upsetting to the
children. Additionally, Father regularly attempts to contact the children after
7:30 p.m. in violation of Paragraph 6 of the Order. For instance, on
September 21, 2009, Mother requested the following of Father:
"I am assuming you are taking the kids for visitation on Tuesday after the
IST (Instructional Support Team meeting for the parties' child with special
needs) meeting until 8:00 p.m. I need to know asap for scheduling
purposes if you plan to exercise your visitation rights on Tuesdays and
Thursdays from 3 to 8:00 p.m. as per the custody order. If this is not your
plan, then please let me know what your plan is ASAP. As for phone calls,
the custody order says no calls after 7:30 p.m. (as this is when they are
preparing for their 8:00 p.m. bedtime)."
19. Father's articulated reason for violating Paragraph 3 of the Custody Order so
is that he cannot afford to drive to Camp Hill twice a week. At the time the
custody order was entered, Father was residing in Columbia County where he
currently resides.
20. Additionally, in violation of Paragraph 12, Father fails to provide the Mother
with 24 hours advance notice of the need to cancel or change the custodial
arrangements due to extraordinary circumstances. In fact, Father has never
articulated an "extraordinary circumstance" for failing to return the Children
to school on Mondays. For instance:
a. On Tuesday, October 20, 2008, Mother received the following
communication from Father:
Just a reminder you that I will be meeting you Friday at Pine Grove at
6pm to pick up the kids.
5
Mother: "No. The custody order states that you pick them up
from school."
Father: "So if you do not have them at PINE Grove by 6 I will petition for
a change if the custody order if you are going to be unreasonable."
Mother: "Wont be there. I have to work too. You can surely get them at
aftercare by 600pm. Petition away Aaron. You got this order while you
were living I'm bloom so there are no changed circumstances. Stop
harassing me. 4 phone calls and 4 emails in less than 5 hours? Enough."
Father: i am not harassing you. i wanted to talk to my kids per the order.
"circumstances have changed", r u nuts? i will petition. i will also be
petitioning for spousalsupport, so be ready for discovery early next week.
b. Most recently, on Sunday, November 8, 2009, Father refused to return the
children to school for Monday morning as is required by Paragraph 3 the
Custody order because Mother would not drive to Pine Grove to meet him
at 6:00 p.m. on Sunday, which is not required by the Custody Order. He
justified this failure by stating "since I will be working tomorrow to make
money to pay child support, I cannot bring the kids to school tomorrow.
Therefore they will be at your home tomorrow (Monday) evening around
5." At 3:23 p.m. Father sent Mother an email, which included the
following:
"You are the ultimate emasculation machine."
"You do what you do, I can't do anything about the fact that
they live with an angry woman who has no self-awareness
whatever."
At 3:25 p.m., Father sent Mother another email, which included the
following:
6
"You are a small petty woman who puts her own pride in
front of the best interests of her children."
Then, Father threatened to move the custody to Columbia/Montour
County and left voice mail messages at 10:35 a.m., 3:29 p.m., and 4:42
p.m. on Mother's work phone, including the following message received
at 3:29 p.m.:
Um, doesn't Ethan have suspension tomorrow early? You want
him to get up that early, come all the way down, and me miss
work. And then as soon as the divorce is final, you're going to sue
me for child support. You think I'm stupid. How am I supposed
to pay any child support if I don't get paid because I'm not
working. Um, I'm going to write a letter saying that you wouldn't
get him. Anyway get ready for litigation because the divorce is,
I'm going to be asking for some things, and a, I am open to a lump
sum settlement. But no matter what there will be another custody
order and then they'll also be another one for when I get a job, or
another job, depending on where I work. So, anyway would you at
the very least would you let me know if Ethan has his suspension
tomorrow because if he does he can't miss school and I don't know
I guess you lost your ability to reason maybe, no I don't think
you ever had much ability to reason but, anyway, you're just
doing this to punish me and you're taking the kids down with you
it's ridiculous.
21. Father has violated Paragraphs 7 and 15 of the Order by repeatedly contacting
Mother at her office and failing to limit his communications to Mother to issues
concerning the children. Mother's cell phone message clearly indicates that it is her work
phone, yet Father continues to contact Mother on that phone in violation of the Order,
and oftentimes fills up Mother's office voicemail system with messages, which precludes
her from receiving work-related messages. For instance:
b. On Monday, September 14, 2009, after Mother declined Father's demand
to enter her home, Father called Mother a "cunt."
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c. The next day, Tuesday, September 15, 2009, Mother requested Father to
stop harassing her in writing as follows:
Aaron,
Obviously, I disagree with your assertions and will not engage with you.
Please stop contacting me and stop your harassment, including calling me
a "cunt" yesterday and leaving me harassing and abusive messages.
Because of your escalating and erratic and abusive behavior and threats, I
am becoming afraid for my safety.
The custody order is in place and it should be followed so the kids know
what to expect and they can have consistency. There is no reason why you
cannot substitute teach (especially since you're done at 2:50 p.m.) and pick
up the kids after school (they have after care until 6:00 p.m.).
d. Father responded by requesting the following:
"I want assurances and I want you to give me paid work."
The custody order is from 3-8 T and Th. You said NO to this
Thursday. I will accept your hypocritical request to take away the
"stability" of the children this week and this week only. From then on, I
will pick them up after work at 4.30- 8pm on Tue. or Thursday or both. If
I have no work I will pick them up both days at 2.50 and 3pm at school.
e. On Wednesday, October 7, 2009, Father entered Mother's home, while
Mother was not there, without permission and stayed at Mother's home for
over an hour. While he was there, he informed the children's babysitter,
in front of the children, that "I ask Lisa (Mother) to get back with me
everyday ...I don't know what her problem is."
f. On Wednesday, October 21, 2009 at 8:17 p.m., Mother received the
following voicemail message on Mother's office phone from Father:
Um, I'm assuming that your phone must be off because you're not
answering your phone because you, I called you a bunch of times you're
not answering. I find that odd since moments ago you were in the parking
lot with your phone. That's the last time you're going to pick up the kids
there. It's gonna be at the Giant front and you'll have to have your car so I
8
can take them out of your car. I'm not taking them out. I'm not stepping
out of the car to be near you. Also, I suggest you start a dialogue with
me about the kids and regarding our divorce. Because if we don't come to
some agreements, file them, there's going to be a flurry of litigation. I've
prepared, I've done a lot of research and talked to a lot of people. As you
and I both know, I'm smarter than you and more likeable and I want
some money and I'm entitled to it. And I also want to change the
custody order. There have been a lot of changes. If you could call me so
we can resolve this amicably, I would appreciate it. You know my
number.
22. Father typically spends his partial custody with the Children by keeping them
indoors, playing violent video games, failing to require them to bathe and/or brush their
teeth, failing to require them to sleep in their own rooms and instead sleeping in the same
bed with the parties' two boys, failing to provide them with a consistent bedtime, failing
to do homework with the children, and allowing them to watch R-rated and inappropriate
television shows and movies. Additionally, Father encourages and condones unsafe
violent activity with the Parties' children. For instance:
a. Father makes "deals" with the children, including in September 2009,
taking EGC's Nintendo Gameboy in exchange for Father buying EGC a
fully automatic air-soft pistol.
b. Father researches and executes how to make bombs on the internet and
then proceeds to make bombs with EGC.
C. Father informed the parties' children that a doctor would kill his cat if
Mother would not take it, which continually causes the children to be in
fear for the cat's safety.
d. On Saturday, October 11, 2009, while Father was sleeping, Father allowed
EGC to duct tape 5 year old BBC to a chair, with duct tape over BBC's
mouth and in his hair, which got ripped out. When Father awoke, he took
9
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a picture of BBC duct-taped to a chair, and then laughed at the parties'
children, showing them that such a dangerous activity was acceptable
and funny.
e. On Monday, October 12, 2009, EGC returned home after partial custody
weekend with his Father and had an "inert" real grenade which was given
to EGC by his father over the weekend.
f. Recently, Father, who is not trained in the proper use of guns, wrote a
letter to the editor, which was published in the paper condoning the use of
guns.
g. On Wednesday, October, 21, 2009, EGC was suspended in school for
purchasing a live 308 caliper bullet from another student. Mother believes
that EGC's poor choice was causally connected to the events between
October 9 through October 12, 2009 when he was in the custody of his
Father.
23. The parties' children are emotionally suffering, and suffering at school, as a result
of Father's inability to provide stability, his alienation of their Mother, and his
manipulation of them to gain access to their Mother.
24. Throughout the parties' marriage, Mother consistently participated in individual
counseling to deal with the on-going emotional and psychological abuse by Father. For
instance, throughout the Parties' marriage, Father used emotional abuse to control Mother
by routinely screaming and yelling at her, calling her vicious names, and physically
intimidating Mother. Father tried to make Mother believe that she was fat, ugly, that no
one liked her, and that she would be a non-entity or crippled in life without Father, and
10
repeatedly threatened that if she left him, she would lose her children and her ability to
earn a living. Father degraded Mother, by insulting her and calling her names to lessen
Mother's self-worth and dignity, including in professional settings. Father terrorized
Mother by inducing intense fear in Mother, intimidating her and threatening physical
harm to her. Father isolated Mother by denying Mother contact with others. To this day,
despite being separated from Father for two years, Mother continues to treat with her
medical provider to deal with the emotional and psychological abuse she endured and
continues to have to deal with by Father, some examples of which are cited above.
22. As the two-year statute has run on the Parties' divorce, Mother justifiably fears
escalating abuse from Father, who is contesting the divorce. As is clear from domestic
violence literature, the most dangerous time for women and children is when they access
the court system for protection from abuse. Additionally, separation, and in this case
with the approaching deadline for the Parties' divorce, is indicative of another dangerous
time. As such, and given the escalating behavior and history of Father, Mother is in
reasonable fear for her safety and that of the children.
25. Based on the foregoing, along with Father's inability to follow the custody order,
act in the best interests of the children, his history of mental illness, and use and
manipulation of the children to gain access to Mother for the purpose of threatening,
abusing, and harassing her, Mother is in fear for her safety and that of the parties'
children and is requesting Father be ordered to undergo a psychological evaluation and
custody evaluation.
WHEREFORE, based on the foregoing, Mother respectfully requests all available
relief, including but not limited to:
11
Grant Mother's Petition for Contempt;
2. Hold Father in Contempt of Court for his violations of this Court's
February 28, 2008 Order;
3. Fine Father for his violations, including payment of attorneys' fees and
costs incurred with bringing this Petition;
4. Enforce the protective provisions of the Custody Order designed to protect
Mother from Father's behavior, including but not limited to entering a No
Contact Order and Restraining Order including in person, by phone, and
by email, against Father;
5. Order Father to undergo a custody evaluation to determine his ability to
care for and act in the best interests of the children.
RESPECTFULLY SUBMITTED,
Lis Matukaitis, Pro Se
PA Bar 202467
3312 Trindle Road
Camp Hill, PA 17011
Dated: November L, 2009
12
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and complete copy of the foregoing to be sent
via Certified Mail, Return Receipt Requested this L41hday of November 2009 upon the
following:
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA
0"kj
Lisa Matukaitis
14
2009 NOY -9
COV, y ;
r
AARON GRAY COHEN
Pro Se
1199 Highland Drive
Bloomsburg, PA 17815
(717) 418.0500
aarongraycohen@gmail.com
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815,
Plaintiff,
V.
Lisa Matukaitis
State Street
Harrisburg, PA 17101,
Defendant.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
: CIVIL ACTION IN LAW-CUSTODY
:CONTEMPT
2008-0046
ANSWER TO DEFENDANT'S REQUEST FOR CONTEMPT, REQUEST FOR
ENFORCEMENT OF PROTECTIVE CUSTODY PROVISIONS AND FOR AN ORDER
REQUIRING FATHER TO UNDERGO PSYCHOLOGICAL ANMD CUSTODY
EVALUATION
1. Admitted.
2. Admitted.
3. Admitted that Father filed for custody.
4. Admitted that at the time of his filing for custody Father lived at the named address.
Admitted that Father lives there now. However Father resided in Harrisburg from April
1, 2008 until March 30, 2009, and knew he would be doing so when he filed said custody
order.
5. Admitted. Mother resided in Camp Hill in the marital home during the time of Father's
filing of the custody action and the parties' separation.
6. Denied in Part and admitted in part. Father and his family provide support for the
parties' children and upon information and belief children receive support from her
family for the children. Her 717.514.3762 phone number is also her personal phone
number, and the only place Father can get in touch with her as is necessary per the
custody order.
7. Denied in Part and admitted in Part. Father is in inactive status in three states and no
longer practices law. Father currently substitute teaches part time and makes on average
$140.00-$175.00 per week. Furthermore, for the purposes of this action in Contempt,
this paragraph is irrelevant. Nevertheless, Father has sent $210.00 to Mother. He has
netted $1,367.54 since September, the balance he uses to pay bills and spend time with
the Parties' Children. Furthermore by way of clarification, in the Summer of 2009
Mother and Father agreed to share the children every other week in full, and such was the
agreed-to custody statement.
8. Admitted. For further clarification, B.B.C. attended Londonderry pre-school last year.
9. Admitted.
10. Denied. The Order speaks for itself.
11. The Report speaks for itself. As was her right, Mother requested information from
Father's health care providers who felt her concerns were unfounded. This information is
irrelevant to this contempt action.
12. The Court Order Speaks for Itself.
13. The Court order speaks for itself.
14. The Court Order speaks for itself.
15. Admitted in Part and Denied in Part. Mother has not moved to change the order yet
requests deviations which are agreed to for the most part by Father. The second part of
the Paragraph is a legal conclusion/and or opinion to which Father is not required to
respond, nor can.
15. Denied that Father has had "continuous" and "ongoing" violations of the order, and
furthermore such statement is a legal conclusion and/or opinion that is not required to be
answered in any event. The Court Order speaks for itself.
17. Denied. In fact, mother requested and agreed to this arrangement and father acquiesced.
18. Denied. With Mother's continued agreement, Father has regularly seen the children on
Wednesdays unless he gives advance notice or there is an emergency. Father
acknowledges that it saddens both him and his children that he cannot see his children
more. Mother has never requested a change to a return to Tuesday and Thursday
afternoons. By way of further clarification mother has encouraged father to work and
pick up the children after work. Admitted that Father attempts occasionally to contact the
children shortly after 7:30 pm. All but the last sentence of Mother's quoted paragraph is
irrelevant and designed to obfuscate the purpose of her filing and is misleading to the
Court in a way that is detrimental to the Father.
19. Admitted that one reason Father does not drive to Camp Hill twice a week is due to the
cost of gas, food, entertainment, and to the age of his vehicle. Again, this arrangement
has been agreed upon by Mother. Admitted Father resided in Columbia County when the
custody order was requested and entered, but as described above it was made with the
knowledge that on April 1, 2008, Father would be moving to Harrisburg, PA and
therefore be four miles from the Children and opening his own law firm and therefore be
able to pick up the children from work.
20. Denied. Mother's paragraph begins with a legal conclusion/and or opinion and as such is
neither required nor possible to answer. Father has never had to articulate an
"extraordinary circumstance" in failing to return children to school on Monday mornings
because he has always done so with the agreement of Mother since the beginning of the
current school year. In fact, as indicated above, Mother has made it a continuous practice
to meet the Children halfway. The rest of the paragraph is irrelevant to this action. In re.
Paragraph b., the Children's grandfather agreed to take the children to school. In fact, the
mother agreed they could miss school. However, Father was going to call off work but
luckily his father took the Children to school. Since this school year, Mother has
regularly agreed to pick up the kids halfway or even drive all the way up to Bloomsburg
near where her Parents and siblings live. The next few paragraphs are irrelevant to this
action and are used to put a frustrated Father in a poor light. Denied that Father
threatened to change Venue; it is his right to attempt to do so. Father has no choice but
to call Mother's work phone because her personal phone doubles as her business
phone. The quoted paragraph again is irrelevant toward this action and a waste of this
court's, and the parties' time.
21. Denied. Father calls Mother on her personal phone which happens to be her
business phone. Father and Mother must communicate via phone in order to
effectuate the Custody Order. Father limits his conversations to the Children; anything
else is ancillary and stems from Mother's failure to communicate effectively with Father.
Denied that father "oftentimes" fills up Mother's voice mail.
b. Denied. Father did not demand to enter Mother's home; rather B.B.C. was
crying and insisting that Father come in the home. Father cannot recall calling
Mother a "Cunt." However, this is irrelevant, and Mother has said worse to
Father.
C. This paragraph is irrelevant, taken out of context and should have been
added as an exhibit.
d. This paragraph is irrelevant, taken out of context, and should have been
added as an exhibit,
e. Admitted in Part, Denied in part. Father entered the home because EGC
sprained his wrist at school and needed ice and Father went to Mother's home.
However, Mother was not there, but her cousin was, whom father was happy to
see, and vice/versa, whom let Father in the house to apply ice and bring some
along. Father does not recall saying neither those words nor whether the children
were present if he said anything. The children wanted Father to stay but Father
left and does not recall being there one hour.
f. This sub-paragraph is irrelevant. By way of further clarification Mother
many times insists, and Father agrees, that Father drop the children off at
Mother's.
22. Denied. In fact, it was Mother and her boyfriend, Ross Walker, a West-Point graduate,
who began EGC's interest in guns and bought Ethan his first "Air Soft Gun." Pistol without
Father's permission. Since then, Mother has acquiesced to Ethan shooting paintball guns, air soft
guns, and told my mother, who was surprised that she allowed her boyfriend to buy EGC an
Airsoft PISTOL without consulting me as per the order. Mother responded that "Boys will be
boys"
b. Denied
Admitted that Father said that, which was the initial plan; however upon learning
how upset the EGC would be when Mother refused to take the cat. Father's parents have
allowed him to keep the Parties' cat, which was adopted by the Parties. Denied that the children
are in fear for the cat's safety; in fact their relationship with the cat improves every other week.
d. Denied that father was sleeping; the boys were playing "spy." They were clearly
pretending and having fun and laughing. Father made sure they knew it was pretend. BBC's
hair did not get ripped out; rather, Father tried to trim his hair that weekend a little and then BBC
ran away and would not allow him to cut it any further.
e. Admitted, however said grenade was a present from a famous Army-Navy surplus
store in Newport Rode Island from EGC's grandparents for his Halloween costume and EGC
was interested in the army and specifically grenades because Mother's boyfriend described
grenades to him and demonstrated how to throw them.
f. Admitted that father wrote an editorial about guns in the paper; However Plaintiff
takes it out of context and as such is misleading this court. Father regularly publishes political
letters to the editor in Bloomsburg PA. Denied that father has not been trained in guns. By way
of further clarification, Father does not own a gun, was concerned that Ross Walker had one in
the home (Mother refused to answer this concern), and Mother showed a picture on her iPhone
of her firing a 9mm pistol which the children saw.
g. Admitted. However, Plaintiff is without sufficient knowledge to know the details
of mother's Opinions. However, Father believes that since Ross Walker, Mother's paramour,
entered the picture, had precipitated EGC's obsession with guns which both parents and the
Camp hill Borough School District has dealt with. Mother's opinion is specious.
23. Denied. Rather, children love their father very much and he provides them much
stability. By way of further clarification, Father routinely scolds the children when they
disrespect their Mother Admitted that children are emotionally suffering due to the divorce and
Mother's refusal to be kind to their father.
24. Denied. By way of further clarification Father does not have sufficient knowledge to
answer this; however, father believes that he was a victim of verbal and psychological abuse
during the marriage and his health care providers agreed and agree. Nevertheless this is
irrelevant to this cause of action as Father in no way threatened Mother, nor does she sufficiently
allege such.
22. (25.) Denied. Father is without sufficient knowledge to answer the first two sentences,
except that Father is not "abusive," nor is there any "escalation" of such that doesn't exist.
Furthermore mother is verbally and emotionally abusive to father. Father is not contesting the.
divorce, rather he welcomes it. Mother's fear cannot be reasonable, even according to her
Complaint.
25 (26.). Denied. Mother has failed to show how Father is a threat to the children.
WHEREFORE, based on the foregoing, Father respectfully requests that the Court deny all of
Mother's requests, and,
AS A NEW MATTER, based on this answer and its corresponding complaint, order that 1) this
Court DISMISS Mother's Complaint for failure to state a legal claim.
I verify that the statements made in this Answer are true and correct. I understand that
false statements made in this counter-affidavit are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: November 17, 2009.
Aaron ?ohen
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and correct and complete copy of the foregoing to be
sent via Certified Mail, Return Receipt Requested, and Regular Mail, Delivery Confirmation, on
this 18'' day of November, 2009 upon the following:
Lisa Matukaitis
211 State Street, Suite 100
Harrisburg, PA 17101
14
F-11 4 of#/7 (-a?e
FILE i° ICE
OF THIr? -C,??3IARY
2009 NOY 19 Pty 2: 0 4
NTY
AARON GRAY COHEN
Pro Se
1199 Highland Drive
Bloomsburg, PA 17815
(717) 418.0500
aaroneraycohen 2gmail com
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815,
Plaintiff,
V.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Lisa Matukaitis CIVIL ACTION IN LAW-Custody
State Street
Harrisburg, PA 17101,
2008-0046
Defendant.
CIVIL ACTION-CUSTODY
PETITION FOR MODIFICATION OF A PARTIAL CUSTODY COMPLAINT
1. The petition of Aaron Cohen respectfully represents that on February 28, 2007, an Order
of Court was entered for shared custody, and a true and correct copy is attached.
2. This order should be modified because circumstances have changed and Respondent has
become increasingly unwilling to continue to follow previously agreed-to modifications
of the Custody Order, which were necessary due to changed circumstances.
3. Petitioner moved to Bloomsburg, PA in April of 2009.
4. Petitioner's father has loaned him a significant amount of money and since April 2009
has supported him financially. His willingness and/or ability to financially support
Petitioner have decreased.
5. Petitioner is looking for work and working toward changing careers. In the meantime
since September 2009 he has been substitute teaching part time and works from time to
time when he is called, such times which may include all weekdays.
6. The current custody order provides Petitioner is to bring both children to school on
Monday mornings.
7. Bennett Cohen is now in kindergarten and begins at Noon on weekdays.
8. Petitioner expects to be substituting daily after the Christmas 2009 season.
9. Respondent and Petitioner have deviated per agreements often from the Order. However,
it is always irregular and at the pleasure of the Respondent. For example:
a. In Summer 2009, the Children lived with father and mother on alternating weeks
(Prior to that, while Petitioner was unable to secure employment, beginning in April
2009 he moved to Bloomsburg, PA and exercised his full visitation. As per the
custody order, he took the children to school on Monday mornings.)
b. Since he has begun teaching in September 2009, Petitioner has been for the most part
exercising custody on Wednesdays with the agreement of Respondent. This is
because it is very expensive to drive to Harrisburg twice a week and petitioner's car
has 210,000 miles on it.
c. Also, Respondent will not allow father in her house or place of business (which is
equipped to be a house) in Downtown Harrisburg. Therefore in inclement weather
and during half the year, the Petitioner must take the children to restaurants and many
times the movies. This is also expensive. The children on many occasions have
expressed a desire to spend time with Petitioner at Respondent's home or business.
d. Since September the Petitioner has agreed that the children are better served retuning
home on Sunday nights when Respondent has custody of the children every other
weekend, and as such the Partied met at Pine Grove, PA on Sunday evenings at 6pm
e. This has continued for the most part except for two or three times, most recently on
Sunday, November 9, 2009. Respondent gives no warning and when Petitioner calls
to confirm and Respondent refuses to meet at Pine Grove, gives no other reason than
telling Petitioner to "Look at the custody agreement." On November 9, 2009, for
example, Petitioner was not expecting this last-minute change and had to work on
Monday, and Respondent told Petitioner he would have to keep them home with his
parents if he had to work. Luckily Petitioner's father, who just retired, was able to
take the boys to school, and waited until 12pm to take Bennett to school, as no one
was able to contact Respondent.
10. Thus the children would be better served returning home on Sunday evening to be ready
for school in the morning, now that petitioner lives in Bloomsburg, PA, as suggested by
and initially requested by Respondent. Thus Petitioner requests that a new Order be
established to reflect the above changes in situation that Respondent has stopped
accommodating
11. The custody order should be changed to reflect summer 2009's actual custody
arrangement, as described above, between the parties which was successful for the
children.
12. The Custody order should be changed so that Petitioner has custody every Wednesday,
and additionally the option of additionally either Tuesday or Thursday as his schedule
and budget allow, with 48 hours notice provided to Respondent and the children. As the
children expect to see Petitioner on only Wednesdays, and extra day would be a treat for
them.
13. The custody order should allow for phone calls up until 8:00 pm.
14. The custody order should reflect that Respondent shall be responsible for all sick days
except for those afternoons Petitioner is down to visit the Children, and at that time, he
should care for the sick child or children at their home or Respondent's office.
15. The changed custody order should reflect that Petitioner and Respondent are not to
permanently move the children out of state prior to an Order of Court per a hearing
before the Court. Upon information and belief Plaintiff suspects that Plaintiff plans to
move to California with her current boyfriend (who lives from time to time with
Respondent and children, which is upsetting to the children).
16. Respondent is hostile toward Petitioner and rarely communicates civilly if at all with
Petitioner regarding the children's welfare, and if she does so, and Petitioner agrees, she
becomes belligerent, which causes argument. As such Petitioner requests that the order
be changed so that the Respondent and petitioner go to counseling in order to effectuate
better communication about the children.
WHEREFORE, Petitioner AARON COHEN, hereby requests that this court make the
above-described changes to the current attached Custody Order.
A Conciliatory Meeting between the parties with the Master is hereby requested.
DATED: November 16, 2009 ---?'?
Aaron C ,, p
VERIFICATION
Pursuant to 18 Pa.C.S. Section 4904, I, Plaintiff Aaron Cohen, hereby certify that the
facts written in the attached complaint are true and correct to the best of my knowledge and
belief.
- 71
Aaron Cohen-o
DATED: November 16, 2009
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and correct and complete copy of the foregoing to be
sent via Certified Mail, Return Receipt Requested, and Regular Mail, Delivery Confirmation, on
this 18th day of November, 2009 upon the following:
Lisa Matukaitis
211 State Street, Suite 100
Harrisburg, PA 17101
n afdA (d?evt
X y
AARON COHEN
Plaintiff
vs.
LISA MATUKAITIS
Defendant
?s 26 zoer
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-0046 CIVIL ACTION LAW
IN CUSTODY
ORDER O,F„ GOUT-
AND NOW, this Qk%lk day of 2008, upon
consideration of the attached Custody Conciliation Report, it is orde ed and directed as follows:
1. The Mother, Lisa Matukaitis, and the Father, Aaron Cohen, shall have shared legal custody
of Ethan Cohen, born July 18, 2000, and Bennett Cohen, born January 26, 2004. Major decisions
concerning the Children including, but not necessarily limited to, their health, welfare, education,
religious training and upbringing shall be made jointly by the parties after discussion and consultation
with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither
party shall impair the other party's rights to shared legal custody of the Children. Neither party shall
attempt to alienate the affections.of the Children from the other party. Each party shall notify the other
of any activity or circumstance concerning the Children that could reasonably be expected to be of
concern to the other. Day to day decisions shall be the responsibility of the parent then having
physical custody. With regard to any emergency decisions which must be made, the parent having
physical custody of the Child at the time of the emergency shall be permitted to make any immediate
decisions necessitated thereby. However, that parent shall inform the other of the emergency and
consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall
be entitled to complete and full information from any doctor, dentist, teacher, professional or authority
and to have copies of any reports. or information given to either party as a parent as authorized by
statute.
2. The Mother shall have primary physical custody of the Children.
3. The Father shall have partial physical custody of the Children on alternating weekends from
Friday after school through Monday morning when the Father shall transport the Children to school.
In addition, the Father shall have custody of the Children every week on Tuesday and Thursday from
after school until 8:00 p.m.
4. Unless otherwise agreed between the parties, the Mother shall have custody of the Children
for all major Jewish holidays, the Father shall have custody of the Children for all major Christian
holidays and the parties shall equally share having custody for Thanksgiving, Spring break and July
i
Fourth, with the specific times and days for exchanges of custody to be arranged by agreement. The
parent who has custody of the Children over the weekend immediately preceding Monday holidays
shall retain custody of the Children for the holiday.
5. Each parent shall be entitled to have custody of the Children for two (2) non-consecutive
weeks each summer. The Mother's periods of vacation custody shall run from June 16 through June
22 and August 18 through August 24. The Father shall schedule his periods of vacation custody to run
consecutively with the Mother's to avoid interruption with the Children's camp schedule. The Father
shall provide notice to the Mother prior to the scheduling of the summer camp schedule each year.
6. The non-custodial parent shall be entitled to have reasonable telephone contact with the
Children. Neither party shall contact the Children while in the other party's custody after 7:30 p.m.
7. The Father shall not contact the Mother's office.
8. The parties shall alternate taking responsibility for care of the Children on sick days.
9. The Mother may obtain the Children's passports and maintain them for future use.
10. In the event either parent intends to remove the Children from the Commonwealth of
Pennsylvania for an overnight period or longer, that parent shall provide advance notice to the other
party of the address and telephone number where the Children can be contacted.
11. All exchanges of custody which do not occur at the Children's school, shall take place at a
public place to be determined on an ongoing basis. The parties shall conduct all exchanges of custody
in a calm and civil manner to promote the emotional well-being of the Children.
12. Each party shall provide the other party with at least 24 hours advance notice of the need to
cancel or change the custodial arrangements due to extraordinary circumstances.
13. The custodial parent shall ensure that the Children's homework is completed, that school
lunches are provided, that clean bedding (for the youngest Child) is returned to school following
weekends and that the Children are properly dressed for school.
14. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
15. The parties shall limit all communications to each other to issues concerning the Children.
16. Counsel for either party or a party pro se may contact the conciliator to schedule an
additional custody conciliation conference, if necessary, to establish a more detailed holiday custody
schedule, if necessary, within six (6) months of this Order.
to
17. This Order is entered. pursuant to an agreement of the arti
ference. The parties may modify the provisions R art
y at a custody conciliation
ual
consent, the terms of this Order shall control?f this Order by mutual consent. In the absence of
/Mut
BY THE COURT,
*,q
J.
cc: Darren J. Hoist, Esquire - Counsel for Father
Lisa Matukaitis - Mother
•
F(LEC-0 J CL
OF TNF PRI t CNOTAW
2009 NOY 19 PM 1: 59
Curs . vNTT
,ad. P.e,?/ -k 7U 0-0
Gl- /69L/,? 3j"6i
3 5 Y/o
AARON COHEN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LISA MATUKAITIS
DEFENDANT
2008-0046 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, November 16, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, December 14, 2009 at 11:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Daum S. Sunda Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
OF THE PRORIONUNY
2009 NOV 18 PH 1: 5 7
CUNB,.?Lfj, ab (.JUNTY
PENNSYI.VANtA
el/ - (? - /.,," Z?
AARON COHEN
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LISA MATUKAITIS
DEFENDANT
2008-0046 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, November 20, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, December 14, 2009 at 11:30 AM
--- ---------- - ----- ---
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: _/s/ Dawn S. Sunda Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our oft-ice. 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
FILED-OFFICE
OF THE PROTI ONOTARY
2009 NOV 23 PM 1: 51
it .0`2.3 • D ? ??'"' ? L!!
AARON GRAY COHEN
Pro Se
1199 Highland Drive
Bloomsburg, PA 17815
(717) 418.0500
aarongra Cohen amail.com
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815,
Plaintiff,
V.
Lisa Matukaitis
State Street
Harrisburg, PA 17101,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION IN LAW-CUSTODY
: No. 2008-0046
Defendant.
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and correct and complete copy of the foregoing
Plaintiff s Petition for Modification of the Current Custody Order to be sent via Certified Mail,
Return Receipt Requested, and Regular Mail on the 20th day of November, 2009 upon the
following:
Lisa Matukaitis
3312 Trindle Road
Camp Hill, PA 17011
By:
Aaron Cohen
ALED--f ' (A-
A -ly
2009 GcC -2 P1i 12: 4 0
AARON GRAY COHEN
Pro Se
1199 Highland Drive
Bloomsburg, PA 17815
(717) 418.0500
aarongraycohen(i gmail.corn
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815,
Plaintiff,
V.
Lisa Matukaitis
State Street
Harrisburg, PA 17101,
Defendant.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION IN LAW-CUSTODY
: No. 2008-0046
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and correct and complete copy of the foregoing
Plaintiff's Answer to Defendant's Complaint Contempt for to be sent via Certified Mail, Return
Receipt Requested, and Regular Mail on the 20th day of November, 2009 upon the following:
Lisa Matukaitis
3312 Trindle Road
Camp Hill, PA 17011
By:
Aaron Cohen
HIE F17' J'-`?OOTARY
2009 DEC -2 PH 12: 4 0
DEC 21200
AARON COHEN
Plaintiff
VS.
LISA MATUKAITIS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-0046 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this c;0?-4 day of e . 20# upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is heduled in Court Room No. -2- of the Cumberland County Court House
on the & f1- day of , 2010, at '0_Po'clock __&_ in., at which time testimony
will be taken. For purposbs of this hearing, the Mother, Lisa Matukaitis, shall be deemed to be the
moving party on her Petition for Contempt and the Father, Aaron Cohen, shall be deemed to be the
moving party on his Petition for Modification. Counsel for the parties or the parties pro se shall submit
a Memorandum to the Court and the opposing counsel or party pro se setting forth each party's
position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the
anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the
hearing date.
2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order
of this Court dated February 28, 2008 shall continue in effect as modified by this Order.
3. The Father's weekday periods of custody shall take place only on Tuesdays from after
school, when the Father shall pick up the Children directly from school, until 8:00 p.m.
4. The parties shall have custody of the Children for the Christmas and New Year's holidays in
2009-2010 pending the hearing in this matter as follows: The Father shall have custody of the
Children from after school on the Wednesday before Christmas through December 26 at 10:00 a.m.,
the Mother shall have custody from December 26 at 10:00 a.m. until the Wednesday after Christmas at
3:00 p.m. The Father shall have custody of the Children from the Wednesday after Christmas at 3:00
p.m. through the day on which the Children return to school.
5. Pending the hearing, all exchanges of custody which do not occur immediately before or
after school shall take place at the Hampden Township Police Department parking lot..
BY THE COURT,
X
cc: Aaron Cohen - Father
/Lisa Matukaitis - Mother
R
ot?
"v?
M. L. Ebert, Jr. J.
5
AARON COHEN
VS.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-0046 CIVIL ACTION LAW
LISA MATUKAITIS
Defendant
Prior Judge: M. L. Ebert, Jr.
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ethan Cohen July 18, 2000 Mother
Bennett Cohen January 26, 2004 Mother
2. A custody conciliation conference was held on December 14, 2009, with the following
individuals in attendance: the Father, Aaron Cohen, and the Mother, Lisa Matukaitis. Both parties are
attorneys and did not have other counsel at the conference
3. The Mother filed a Petition for Contempt, Enforcement and a Custody Evaluation. The
Father filed a Petition for Modification. This Court previously entered an Order in this matter on
February 28, 2008, under which the Mother has primary physical custody of the Children and the
Father has partial custody on alternating weekends from Friday through Monday and every Tuesday
and Thursday after school.
4. The parties have an extremely contentious parenting relationship and are unable to
communicate meaningfully to manage a custody schedule. Both parties had numerous issues to be
addressed and it was clear early in the conference that they would not be able to discuss the issues
meaningfully or reach an agreement without the assistance of a custody evaluation, counseling or a
hearing. All of the alternatives were discussed and it was determined that a hearing will be necessary
as there are not sufficient funds for an evaluation.
5. The Mother's position on custody is as follows: The Mother believes that the Father has
been and continues to violate the existing Custody Order in several respects, including both the times
and places of exchange. The Mother stated that she is concerned for the safety and well-being of the
Children while in the Father's custody. The Mother stated that the Father has been abusive toward her
in emails, telephone messages and other communications. The Mother seeks to terminate all contact
between the parties and indicated her intent to obtain protective provisions in the custody order. The
Mother initially sought an Order terminating all contact between the parties and terminating the
Father's contact with the Children with the exception of alternating weekends when the Father would
pick up and return the Children to school. However, the Mother ultimately made a proposal at the
conference that the Father have custody of the Children during the school weeks and the Mother would
have custody every weekend, every holiday and for most of the summer school break.
6. The Father's position on custody is as follows: The Father denied most of the Mother's
allegations and indicated that his difficulty with the custody schedule results from his having to
commute from Bloomsburg where he moved last summer. The Father believes that the Mother is
being unreasonable in not working with him to find an exchange point halfway between their
residences and to adjust times that would help him to obtain employment. The Father indicated that he
was willing to consider the Mother's proposal that he have custody during the school week, but that he
would need to discuss that potential arrangement with his parents, with whom he resides. (However at
that point, the Mother requested additional time to further consider her proposal and it was determined
that as both parties are attorneys, they could submit a stipulation if they were able to reach an
agreement). The Father seeks to have times with the Children which do not require him to travel from
Bloomsburg to Camp Hill on Monday mornings before school or more than one time during the week.
7. The conciliator recommends an Order in the form as attached scheduling a hearing in this
matter, for which the parties believe that at least one full day will be necessary. It is requested that the
hearing be expedited due to the parties' acknowledgement that their acrimonious relationship is
affecting the Children. The Mother indicated that she may file a request for a Protection from Abuse
Order and the Father indicated that he will be filing a Petition for Contempt against the Mother. The
proposed Order includes the conciliator's recommendation that the Father's Tuesday and Thursday
periods of custody be reduced to Tuesday only, at the Father's request, due to his inability to travel to
the area frequently. The conciliator also recommended the place of exchange as a temporary plan
pending hearing due to the Mother's request that the transfer take place at a police station to protect her
safety and her allegations that efforts to exchange custody at neutral public places has failed.
Date Dawn S. Sunday, Esquir
Custody Conciliator
TAIRY
2009 DEC 22 Al 110: 4 9
Hc" Pi'C; ? r)w,)TaRY
2010 FEB I I AN IB: 13
IV
E-Li'?LV?LM71\? h4iV i 1
AARON GRAY COHEN
Pro Se
1199 Highland Drive
Bloomsburg, PA 17815
(717) 418.0500
aaronarUcohen(a), ;mail.corn
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815, COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff,
V.
Lisa Matukaitis CIVIL ACTION IN LAW-Custody
State Street No.:_2008-0046
Harrisburg, PA 17101,
Defendant.
1199 Highland Drive
Bloomsburg, PA 17815,
PRAECIPE FOR WITHDAWAL OF PLAINTIFF'S MOTION FOR MODIFICATION
OF A PARTIAL CUSTODY ORDER
Plaintiff hereby WITHDRAWS his request to change the 2008 custody order currently in effect,
for which an April 2010 hearing has been scheduled in tandem with Defendant's motion for
contempt of court regarding said custody order.
For the convenience of this Court, please note that although Plaintiff had--as is written in the
most current concilliator's report--planned to file his own motion for contempt, Plaintiff has
decided not to file his prepared motion for contempt at this time.
VERIFICATION
Pursuant to 18 Pa.C.S. Section 4904, I, Plaintiff Aaron Cohen, hereby certify that the
facts written in the attached complaint are true and correct to the best of my knowledge and
belief.
Aaron Cohe
DATED: 6 February 2010
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and correct and complete copy of the foregoing to be
sent via U.S. Mail on this 6th day of February, 2010 upon the following:
Lisa Matukaitis
211 State Street, Suite 100
Harrisburg, PA 17101
and
3312 Trindle Road
Camp Hill, PA 17011
A Qftn Cu?(n
1a ?.;
2?C0?? ?II ?'1 2?,J
ckj.
AARON GRAY COHEN
Pro Se
1199 Highland Drive
Bloomsburg, PA 17815
(717) 418.0500
aarongraycohen(a,gmail.com
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815,
Plaintiff,
V.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Lisa Matukaitis CIVIL ACTION IN LAW-Custody
State Street
Harrisburg, PA 17101,
2008-0046
Defendant.
CIVIL ACTION-CUSTODY
PETITION FOR MODIFICATION OF A PARTIAL CUSTODY COMPLAINT
1. The petition of Aaron Cohen respectfully represents that on February 28, 2007, an Order
of Court was entered for shared custody, was an interim order in December 2009. A
hearing for Respondent's Petition for Contempt is scheduled for April 6, 2010.
2. This order should be modified because circumstances have changed and Respondent has
become increasingly unwilling to continue to follow previously agreed-to modifications
of the Custody Order, which were necessary due to changed circumstances.
3. Petitioner moved to Bloomsburg, PA in April of 2009.
ft. co P p PCFF'
p e r 179 sa13 0:5.514 8
4. Petitioner's father has loaned him a significant amount of money and since April 2009
has supported him financially. His willingness and/or ability to financially support
Petitioner have decreased. Petitioner is completely dependent on his parents financially
despite his continued efforts to find work. Currently Respondent substitute teaches while
searching for employment, as well as working on receiving a teacher's certificate which
he will receive in May 2010.
5. Respondent's recently filing for child support. Petitioner must pay $884.00 monthly.
Petitioner was and is afforded $1,059.00 monthly to see the children and pay for their
care.
6. Petitioner now pays $884.00 monthly for child support.
7. As such, petitioner can now afford to only see the children every other weekend so long
as Respondent drops them off halfway between Bloomsburg, PA and Camp Hill, PA on
Fridays, and picks them up every other Sunday at the same place. Furthermore,
Petitioner is subject to calls to substitute teach on Mondays. Also Monday mornings the
Parties' youngest child has afternoon Kindergarten and must be there at 12:00 pm.
Father must Drop off the Parties' oldest child at school at 8.15 a.m.
8. Two weeks prior to the date of this petition Respondent refused to meet petitioner
halfway on Friday and Sunday. However she drove the parties' children to her mother's
house that Friday evening and picked them up at her Mother's house on Sunday Morning
at 6.30 am.
9. Petitioner is looking for work and working toward changing careers. In the meantime
since September 2009 he has been substitute teaching part time and works from time to
time when he is called, such times which may include all weekdays.
10. Petitioner is currently working toward his teaching certificate and hopes to be employed
as a teacher this August. He is taking 12 credits of undergraduate studies to satisfy state
requirements.
11. Respondent and Petitioner have deviated per agreements often from the Order. However,
it is always irregular and at the pleasure of the Respondent. For example:
a. In Summer 2009, the Children lived with father and mother on alternating weeks
(Prior to that, while Petitioner was unable to secure employment, beginning in April
2009 he moved to Bloomsburg, PA and exercised his full visitation. As per the
custody order, he took the children to school on Monday mornings.)
b. Since he has begun substitute teaching in September 2009, Petitioner had been for
the most part exercising custody on Wednesdays with the agreement of Respondent.
This is because it is very expensive to drive to Harrisburg twice a week and
petitioner's car has over 210,000 miles on it.
c. Also, Respondent will not allow father in her house or place of business (which is
equipped to be a house) in Downtown Harrisburg. Therefore in inclement weather
and during half the year, the Petitioner must take the children to restaurants and many
times the movies. This is also expensive. The children on many occasions have
expressed a desire to spend time with Petitioner at Respondent's home or business.
d. Prior to October 2009 the Petitioner has agreed that the children are better served
retuning home on Sunday nights when Respondent has custody of the children every
other weekend, and as such the Parties met at Pine Grove, PA on Sunday evenings at
6pm
e. This continued for the most part except for two or three times, most recently on
Sunday, November 9, 2009. Respondent gave no warning and when Petitioner calls
to confirm and Respondent refuses to meet at Pine Grove, gives no other reason than
telling Petitioner to "Look at the custody agreement." On November 9, 2009, for
example, Petitioner was not expecting this last-minute change and had to work on
Monday, and Respondent told Petitioner he would have to keep them home with his
parents if he had to work. Luckily Petitioner's father, who just retired, was able to
take the boys to school, and waited until 12pm to take Bennett to school, as no one
was able to contact Respondent.
12. Thus the children would be better served returning home on Sunday evening to be ready
for school in the morning, now that petitioner lives in Bloomsburg, PA, as suggested by
and initially requested by Respondent.
13. Thus Petitioner requests that a new Order be established to reflect the above changes in
situation that Respondent has stopped accommodating.
14. The custody order should also be changed to reflect summer 2009's actual "50-50"
custody arrangement agreed to and implemented, between the parties, which was
successful for the children. The children had and have as they have friends next door
from Father, and father through his parents would be able to support the children. Both
children, particularly the oldest, has expressed great interest in repeating this arrangement
and has told petitioner that he is very upset that his Mother will not allow it this summer
and will not give him a reason as to why. The Parties' children also have 4 grandparents,
an aunt, an uncle, and four cousins within a short drive from father. Last year the parties'
oldest son attended two week-long day camps at Bloomsburg University which greatly
boosted his self esteem.
15. The custody order should also allow for phone calls not to be on speaker phone.
Currently mother repeatedly fails to have the children call when Petitioner requests to
speak with them.
16. The custody order should also reflect that Respondent shall be responsible for all sick
days.
17. The custody order should also allow Father the option to see the children on Tuesdays or
Thursdays after the children's school day by giving advance notice of 48 hours. This
should include the option in addition to, or instead of, weekend visits, depending on
father's ability.
18. The Custody order be changed so that the Respondent attend go to Court-Determined
Counseling and/or Parenting Classes in order to effectuate better communication about
the children and discontinue her expression of animosity toward petitioner at the expense
of the best interest of the Parties' children. Respondent is hostile toward Petitioner and
rarely communicates civilly if at all with Petitioner regarding the children's welfare, and
if she does so becomes belligerent, which causes argument. The Parties' eldest child was
recently upset and told Petitioner that he heard respondent tell Respondent's boyfriend,
Ross Walker, who live in California and with the Respondent and the Parties' children
from time to time, that "I would have killed him [petitioner] if I stayed with him," and
"all he ever did was lock himself in a closet and never come out." Respondent's hostility
toward Father is well known to the children. For example Petitioner's sons ask him why
their mother "hates" him and asks petitioner same.
WHEREFORE, Petitioner AARON COHEN, hereby requests that this court make the
above-described changes to the current attached Custody Order.
A Conciliatory Meeting between the parties with the Master is hereby requested.
DATED: March 13, 2010
Aaron Coh ,
VERIFICATION
Pursuant to 18 Pa.C.S. Section 4904, I, Plaintiff Aaron Cohen, hereby certify that the
facts written in the attached complaint are true and correct to the best of my knowledge and
belief.
Aaron Cohen
DATED: March 13, 2010
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and correct and complete copy of the foregoing to be
sent via Certified Mail, Return Receipt Requested, and Regular Mail, Delivery Confirmation, on
this 15th day of March, 20010 upon the following:
Lisa Matukaitis
211 State Street, Suite 100
Harrisburg, PA 17101
and at
3312 Trindle Road
Camp Hill, PA 17011
I Gf //
IN THE COURT OF COMMON PLEAS
AARON COHEN CUMBERLAND COUNTY, PA
Plaintiff No. 2008-0046.2-IN CUSTODY
V.
LISA MATUKAITIS
'
o J
:
Defendant.
REQUEST FOR CONTINUANCE
Comes Now, the Defendant/Mother, Lisa Matukaitis, and hereby requests a
continuance of this Court's hearing scheduled for April 6, 2010 at 9:00 a.m., and in
support thereof states as follows:
1. Defendant, Lisa Matukaitis, is a solo practitioner attorney, practicing
primarily federal court litigation in the area of employment law and civil
rights.
2. Attorney Matukaitis has a federal court mediation scheduled for Tuesday,
April 6, 2010 at the United States District Court for the Middle District of
Pennsylvania. The mediation is scheduled to last all day.
3. Attorney Matukaitis must be present for the mediation and there are no
other attorneys who can substitute for her.
4. Therefore, Attorney Matukaitis cannot be present for this Court's hearing
scheduled for her personal custody matter, which is currently scheduled
for the same day as her federal court mediation.
5. As such, Attorney Matukaitis is respectfully requesting a continuance of
this Court's custody hearing in the above-referenced matter.
6. Additionally, Father, Aaron Cohen, recently filed a motion to modify the
existing custody order, which is scheduled for conciliation on April 19,
2010.
7. As such, Attorney Matukaitis is requesting this Court reschedule the
custody hearing until a date after the conciliation is held. Currently, due
to Attorney Matukaitis' litigation schedule, much of which cannot be
changed, she is available for a full day hearing on Friday, May 7, 2010,
Monday, May 9, 2010, or Friday, May 14, 2010.
WHEREFORE, based on the foregoing, Defendant, Lisa Matukaitis, respectfully requests
a continuance of this Court's custody hearing currently scheduled for Tuesday, April 6,
2010. A proposed form of order is attached hereto.
RESPECTFULLY SUBMITTED
wkj&jq
Lisa Matukaitis
3312 Trindle Road
Camp Hill PA 17011
717-514-3762
DATED: March 30, 2010
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and comlete copy of the foregoing Request for
Continuance was served via U.S. Mail this 30' day of March 2010 upon the following:
Plaintiff
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815
a Cjj'6&JLS
Lisa Ma aitis
AARON COHEN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LISA MATUKAITIS
DEFENDANT NO. 08-0046 CIVIL
ORDER OF COURT
AND NOW, this 1St day of April, 2010, upon consideration of Defendant's
request for a continuance and the Court noting that the Father filed a Petition for
Modification of Custody on March 18, 2010, which is scheduled for pre-hearing
custody conference before Conciliator Dawn Sunday, Esquire on April 19, 2010,
IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion
for Continuance is GRANTED. A hearing in this matter shall be scheduled for
Friday, July 30, 2010, at 9:30 a.m. in Courtroom No. 2 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
By the Court,
M. L. Ebert, Jr., J.
-Aa--ron Cohen, Pro Se
Plaintiff
isa Matukaitis, Pro Se
Defendant
wn Sunday, Esquire C)
bas
d yr. 1 ? r
r
r
I
APR 2-6 2010
vs.
AARON COHEN
LISA MATUKAITIS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN CUSTODY
ORDER OF COURT
rv
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ra ,`7't
(7)
V.1
AND NOW, this -Jo t? day of P Oi Al 2010, upon
consideration of the attached Custody Conciliation Repo it is ordered and directed as follows:
1. The prior Order of this Court dated February 28, 2008, shall continue in effect as modified
by this Order.
2. During the remainder of the 2009-2010 school year, the Father's alternating weekend
periods of custody shall run from Friday, when the Father shall pick up the Children after school
through Sunday at 5:00 p.m. with the exception of the weekend on which the Mother will be in
Scranton for work on Sunday during which the Father's period of weekend custody shall extend into
Monday morning when the Father shall take the Children to school. The exchanges of custody on
Sunday at 5:00 p.m. shall take place at the McDonald's at the Pine Grove Exit on Route 81 with either
the Father's mother or father present to facilitate the exchange. The Father shall not have periods of
weekday custody with the Children during the school year, except as scheduled by the Father 48 hours
in advance with the consent of the Mother, which shall not be unreasonably withheld.
3. During the summer school break in 2010, the Father shall have custody of the Children from
June 20 through June 27, July I1 through July 18, July 25 through August 1, and August 8 through
August 15. The exchanges on the foregoing Sundays shall take place at 5:00 p.m. at the residence of
the maternal grandmother, Alice Matukaitis.
4. During each of their periods of custody in the summer, the parties shall transport either
Child or both Children to their scheduled medical/psychological appointments/services as
recommended by the Child or Children's mental health or medical care providers.
Plaintiff
Defendant :
2008-46 CIVIL ACTION LAW
5. The parties shall jointly obtain a cellular phone for the Children which is limited to
telephone calls only to parents, grandparents, aunts and uncles. The parties shall purchase the cellular
phone jointly and shall equally share the cost of the phone and the monthly expenses therefore. The
Children shall have possession of the telephone when with either parent. The parties shall make all
telephone calls to the Children on the cellular phone before 7:00 p.m.
G
6. The parties shall limit all communication to issues concerning the Children, which shall be
conveyed by email only no more than two times per day absent an emergency involving the Children.
The parties shall have no contact with each other, including face to face contact or exchanges, other
than through email.
7. Within 10 days of the date of this Order, the Father shall reimburse the Mother in the
amount of $70.00 for the cost of filing her Petition for Contempt. Within 10 days of receipt of the
Father's $70.00 payment, the Mother shall take all necessary steps with the Court to withdraw her
Petition for Contempt and cancel the hearing scheduled for July 30, 2010.
8. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
9. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
M. L. Ebert, Jr. J.
cc: ? en J. Holst, Esquire - Counsel for Father
Lisa Matukaitis - Mother
Cc?r "es
yl2-2 /1d
ZI
AARON COHEN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
LISA MATUKAITIS
Defendant
2008-46 CIVIL ACTION LAW
IN CUSTODY
Prior Judge: M. L. Ebert, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ethan Cohen July 18, 2000 Mother
Bennett Cohen January 26, 2004 Mother
2. A custody conciliation conference was held on April 19, 2010, with the following
individuals in attendance: the Father, Aaron Cohen, with his counsel, Darren J. Holst, Esquire, and the
Mother, Lisa Matukaitis, who is not represented by counsel in this matter.
3. A custody conciliation conference was previously held on December 14, 2009 to address
the then pending Petition for Contempt filed by the Mother and Petition for Modification filed by the
Father. The parties were unable to reach an agreement and a hearing was scheduled on both Petitions.
Subsequently, the Father withdrew his Petition for Modification. The Mother filed a request for a
continuance of the hearing and the Father refiled his Petition for Modification of Custody, on which
the current custody conciliation conference was scheduled. By Order dated April 1, 2010, the Court
granted the Mother's request for a continuance and the hearing on the Mother's Petition for Contempt
was rescheduled for July 30, 2010.
4. At the time of the present conference, the parties were able to reach an agreement on the
Father's Petition for Modification, the terms of which included the Mother's agreement to withdraw
her Petition for Contempt and cancel the hearing scheduled for July 30, 2010.
5. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
Lisa Matukaitis
3312 Trindle Road
Camp Hill, PA 17011
lm(&matlawllc.com
717-412-7759
KEQ?FCE
CF THE PROTH NOTAPY
2010 JUN -3 PM 2: 57
COUNTY
CUMB -ik; -m.ND PEvNSY1.VANIA
IN THE COURT OF COMMON PLEAS
AARON COHEN CUMBERLAND COUNTY, PA
V.
Plaintiff
LISA MATUKAITIS
Defendant.
No. 2008-46
In Custody
PRAECIPE TO WITHDRAWAL PETITION FOR CONTEMPT AND CANCEL
HEARING SCHEDULED FOR JULY 30.2010
TO THE PROTHONOTARY:
Kindly withdrawal Defendant's Petition for Contempt and cancel the hearing scheduled
for July 30, 2010.
RESPECTFULLY SUBMITTED
W kwu&
Lisa Matukaitis, Esq.
3312 Trindle Road
Camp Hill PA 17011
Ph. 717.412.7759
Fax 717.412.7764
lm@matlawllc.com
DATED: June 2, 2010
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and complete copy of the foregoing Praecipe to
Withdrawal Petition for Contempt and Cancel Hearing Scheduled for July 30, 2010 was
served via hand delivery and U.S. Mail this 2"d Day of June 2010 upon the following:
Defendant
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815
-Odj,4zV
Lisa Matukaitis, Esq.
fj
AARON GRAY COHEN
PLAINTIFF
V.
LISA MATUKAITIS
DEFI;N DANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-46 CIVIL. ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday September 03, 2010 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 05, 2010 at 12:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues u1 dispute, or
ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing,.
FOR THE COURT,
B}': /s/ Dawn S. Sund kw^
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE Till' OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
?. 3 • (O G-, ,fib 32 South Bedford Street UK
Carlisle, Pennsylvania 17013 fT7rr? r
Telephone (717) 249-3166
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OCT ~ 3 2010
AARON GRAY COHEN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-46 CIVIL ACTION LAW ~ ,.,,, ~
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LISA MATUKAITIS °
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Defendant IN CUSTODY .u'`~ cn ° ~
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ORDER OF COURT ^'
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AND NOW, this ~~'1~h day of ~ L~ O W ~f 2010, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father shall be entitled to contact the Children by telephone during the Mother's
periods of custody on Tuesdays, Wednesdays and Saturdays at 8:30 p.m. and the Mother shall be
entitled to contact the Children by telephone during the Father's alternating weekends on Saturday at
8:30 p.m. The Children shall have privacy during the telephone calls and there shall be no interference
in the telephone calls by the parents. The parents shall not have discussions between themselves at the
time of the Children's telephone calls. Each parent shall ensure that the other parent has the correct
telephone number to use in advance of the scheduled telephone calls in this provision.
2. Neither party shall use the Children as messengers for communications with the other party.
3. The Father's periods of partial custody shall take place on alternating weekends beginning
on Friday after school, when the Father shall pick up the Children either directly from school or at a
third party child care provider, for which the Father shall make the arrangements if necessary. The
parties shall exchange custody on Sunday at 5:30 p.m. at the end of the Father's weekend periods of
custody at the Camp Hill Police Station at the back parking lot. In the event there is no school on
Monday following the Father's weekend period of custody, the Father shall have custody of the
Children until Monday at 5:30 p.m.
4. Each party shall consult with the other parent before enrolling the Children in any activity
which could fall on the other parent's custodial time and shall obtain consent from the other parent,
which consent shall not be unreasonably withheld. The parties shall conduct the consultations
regarding activities under this provision completely by email which shall document the consultation
and the consent. All emails shall be printed by each party for future review if necessary.
5. Paragraph 6 of the prior Order of this Court dated Apri127, 2010 shall not be interpreted to
exclude the Father from school meetings, school activities, sports or other events involving the
Children, or medicaUmental health related appointments concerning the Children.
BY THE COURT,
M. L. Ebert, Jr. J.
cc: /A~'on Gray Cohen -Father
/Lisa Matukaitis -Mother
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~~
0~ 13 2010
AARON GRAY COHEN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-46 CIVIL ACTION LAW
LISA MATUKAITIS .
Defendant IN CUSTODY
Prior Judge: M. L. Ebert, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ethan Cohen July 18, 2000 Mother
Bennett Cohen January 26, 2004 Mother
2. A custody conciliation conference was held on October 5, 2010, with the following
individuals in attendance: the Father, Aaron Gray Cohen, who is not represented by counsel in this
matter. The Mother, Lisa Matukaitis, who is also not represented by counsel, reported that she was
unable to attend due to the illness of one of the parties' Children and participated in the conference by
telephone.
3. The parties in this matter have an extremely acrimonious relationship and disagree on most
all issues of shared and physical custody which makes it extremely difficult for them to reduce conflict
for the Children's benefit. The conciliator recommends that the Court consider appointment of counsel
for the Children in the event of future proceedings. The parties were able to reach agreements as
reflected in the attached proposed Order.
Date Dawn S. Sunday, Esquire
Custody Conciliator
FILED-OFFICE
Pro Se OF THE PROTf ON0TARY
1199 Highland Drive 2011 MAR 28 PM 12: fit
Bloomsburg, PA 17815
(717) 418.0500 CUMBERLAND COUNTY
aarony,ravcohen@gmail.com PENNSYLVANIA
Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815. COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY
V.
Lisa Matukaitis : CIVIL ACTION IN LAW--Custody
2711 Logan Street
Camp Hill, PA 17011,
2008-0046
Defendant.
CIVIL ACTION-CUSTODY
PETITION FOR MODIFICATION OF THE CURRENT CUSTODY ORDER
1. On October, 2010 an Order of Court was entered for shared custody. A copy of said
order is attached.
2. This order should be modified because the parties' children wish to live with Plaintiff
father, every other week, for the duration of their school summer break.
3. This was the parties' agreement and arrangement during the Camp Hill School District
Summer Break last Summer (2010).
4. The parties cannot agree on this arrangement for this Summer; Plaintiff Father wishes to
continue the Summer 2010 custody arrangement while Defendant Mother does not.
5
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5. It is in the best interests of the parties' Children that this Summer's (2011) arrangement
mirrors that of last Summer's (2010).
A Conciliatory Meeting between the parties with the Master is hereby requested.
DATED: March 23, 2011
r-
Aaron ?: en, Pro Se
VERIFICATION
Pursuant to 18 Pa.C.S. Section 4904, I, Plaintiff Aaron Cohen, hereby certify that the
facts written in the attached complaint are true and correct to the best of my knowledge and
belief.
Aaron CoWAf
DATED: March 23, 2011
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and correct and complete copy of the foregoing to be
sent via Certified Mail, on this 24th day of March, 2011 upon the following:
Lisa Matukaitis,
at
211 State Street, Suite 100
Harrisburg, PA 17101
and at
2711 Logan Street
Camp Hill, PA 17011.
7
OCT 13 2010
AARON GRAY COHEN
Plaintiff
VS.
LISA MATUKAITIS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-46
IN CUSTODY
ORDER OF COURT
CIVIL ACTION LAW
AND NOW, this day of C 2010 upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father shall be entitled to contact the Children by telephone during the Mother's
periods of custody on Tuesdays, Wednesdays and Saturdays at 8:30 p.m. and the Mother shall be
entitled to contact the Children by telephone during the Father's alternating weekends on Saturday at
8:30 p.m. The Children shall have privacy during the telephone calls and there shall be no interference
in the telephone calls by the parents. The parents shall not have discussions between themselves at the
time of the Children's telephone calls. Each parent shall ensure that the other parent has the correct
telephone number to use in advance of the scheduled telephone calls in this provision.
2. Neither party shall use the Children as messengers for communications with the other party.
3. The Father's periods of partial custody shall take place on alternating weekends beginning
on Friday after school, when the Father shall pick up the Children either directly from school or at a
third party child care provider, for which the Father shall make the arrangements if necessary. The
parties shall exchange custody on Sunday at 5:30 p.m. at the end of the Father's weekend periods of
custody at the Camp Hill Police Station at the back parking lot. In the event there is no school on
Monday following the Father's weekend period of custody, the Father shall have custody of the
Children until Monday at 5:30 p.m.
4. Each party shall consult with the other parent before enrolling the Children in any activity
which could fall on the other parent's custodial time and shall obtain consent from the other parent,
which consent shall not be unreasonably withheld. The parties shall conduct the consultations
regarding activities under this provision completely by email which shall document the consultation
and the consent. All emails shall be printed by each party for future review if necessary.
5. Paragraph 6 of the prior Order of this Court dated April 27, 2010 shall not be interpreted to
exclude the Father from school meetings, school activities, sports or other events involving the
Children, or medical/mental health related appointments concerning the Children.
BY THE COURT,
'I.S 1 C-7v. 'v' A,- )
L. E , Jr. J.
7-
cc: Aaron Gray Cohen - Father
Lisa Matukaitis - Mother
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OCT 13 2010
AARON GRAY COHEN
Plaintiff
vs.
LISA MATUKAITIS
Defendant
Prior Judge: M. L. Ebert, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-46 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ethan Cohen July 18, 2000 Mother
Bennett Cohen January 26, 2004 Mother
2. A custody conciliation conference was held on October 5, 2010, with the following
individuals in attendance: the Father, Aaron Gray Cohen, who is not represented by counsel in this
matter. The Mother, Lisa Matukaitis, who is also not represented by counsel, reported that she was
unable to attend due to the illness of one of the parties' Children and participated in the conference by
telephone.
3. The parties in this matter have an extremely acrimonious relationship and disagree on most
all issues of shared and physical custody which makes it extremely difficult for them to reduce conflict
for the Children's benefit. The conciliator recommends that the Court consider appointment of counsel
for the Children in the event of future proceedings. The parties were able to reach agreements as
reflected in the attached proposed Order.
4-6 y !??
Date Dawn S. Sunday, Esquire
Custody Conciliator
AARON COHEN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
c
V.
2008-46 CIVIL ACTION LAW r*+'?D
3'
-
LISA MATUKAITIS
IN CUSTODY
DEFENDANT =
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ORDER OF COURT
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AND NOW, Thursday, March 31, 2011 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on
Wednesday, May 11, 2011 at 9:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es _
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
V- i - // Cjc
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
)0j#
AARON COHEN,
VS
LISA MATUKAITIS,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-0046 CIVIL
CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 25th day of May, 2011, Mother in the
above-captioned case having advised that the child Bennett Cohen is
in need of medical attention and that there is currently pending a
Protection From Abuse order against the father in this case, and
this Court having previously granted joint legal custody in this
particular case, it is hereby ORDERED AND DIRECTED that for the
purposes of administering the medical care needed by the child at
this time Mother will be granted sole legal custody of the child
for the purposes of his medical treatment.
By the Court,
?k I,,, ?kA n CD
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M.L. Ebert, Jr., J. C '1
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V/Jason Kutulakis, Esquire Ar mp
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For Plaintiff ?.x --,rp
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V/ Aaron Cohen
1199 Highland Drive COPi? f ?. ?:?
Bloomsburg, PA 17815 S/& (p/?? -+ ca
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AARON COHEN, )
Plaintiff ) NO. 2008-0046
V. ) '.
LISA MATUKAITIS, ) CIVIL ACTION -
Defendant ) LAW IN CUSTODY
PLAINTIFF'S PETITION FOR SPECIAL RELIEF 5
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AND NOW, comes Plaintiff, Aaron Gray Cohen, by and through his counsel ;i:
, Hov-?ett ? -
Kissinger & Holst, P.C., who hereby files the instant Petition for Special Relief and i n support
thereof avers as follows:
Movant is Aaron Gray Cohen ("Father"), Plaintiff in the above-
captioned custody action.
2. Respondent is Lisa Matukaitis ("Mother"), Defendant in the above-
captioned custody action.
3. Mother and Father are the biological parents of Ethan Gray Cohen, born
July 18, 2000, and Bennett Brooks Cohen, born January 26, 2004, (hereinafter the "children")
4. On February 28, 2008, after conciliation and by agreement of the parties,
an Order was entered which, among other provisions for shared holidays and vacation time,
granted the parties shared legal custody of the children, granted Mother primary custody of the
children, and granted Father partial physical custody of the children on alternating weekends
from Friday until Monday, and on Tuesday and Thursdays from after school until 8 pm
(hereinafter "the February 28, 2008 Order").
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On April 27, 2010, after conciliation and by agreement of the parties,
an Order was entered which continued the February 28, 2008 Order but modified certain of its
provisions (hereinafter "the April 27, 2010 Order"). Pursuant to the April 27, 2010 Order, the
parties continued to share legal custody, Mother continued to be the children's primary custody,
and Father's periods of partial custody were modified to accommodate his relocation.
6. On May 17, 2011, after conciliation and by agreement of the parties,
an Order was entered which continued the February 28, 2008 Order and April 27, 2010 Order but
modified certain of their provisions (hereinafter "the May 17, 2011 Order"). Pursuant to the May
17, 2011 Order, the parties continued to share legal custody, Mother continued to be the
children's primary custody, and Father's periods of partial custody were modified to increase his
custodial time over the summer by almost three full additional weeks. Father's ability to have
liberal telephone contact with the children when the children were not in his custody and
Mother's obligation to facilitate such was also included in the May 17, 2011 Order.
7. Immediately thereafter, on May 20, 2011, Mother filed a PFA petition,
alleging that the parties' younger child reported alleged behavior of Father to a clinician at
Pennsylvania Psychiatric Institute that Mother characterized as sexual abuse (hereinafter the
"PFA petition").
8. A temporary PFA order was entered by the Honorable J. Wesley Ohler, Jr.,
that day, preventing Father from having any contact with Mother or the children until hearing on
the validity of the PFA petition (hereinafter the "temporary PFA Order").
2
9. A hearing on the PFA petition was initially scheduled for May 25, 2011
before the Honorable M.L. Ebert; however Father was not served with the PFA petition and
notice prior to said hearing, and the hearing was continued generally until service was
effectuated. Father was subsequently served with the PFA petition and notice on May 26, 2011.
10. At the time set aside for hearing on May 25, 2011, however, this Court
entered an Order, without the benefit of hearing, granting Mother sole legal custody of the
parties' youngest child, Bennett Cohen, for the purposes of his medical treatment (hereinafter
"the May 25, 2011 Order"). A copy of the May 25, 2011 Order is attached hereto as Exhibit "A".
11. As the allegations raised in the PFA petition were reported to Children and
Youth Services (hereinafter "CYS") at that time and an investigation was underway, Father
agreed to continue the hearing generally, with the temporary PFA Order to remain, pending
completion of the investigation.
12. CYS completed its investigation on July 6, 2011, and found the report to
be unfounded. A true and correct copy of the letter conveying the determination of CYS is
attached hereto as Exhibit "B".
13. This investigation has revealed that the allegation was untrue, and Father
has not, in fact, mistreated or abused the children in any way.
14. Despite the determination of CYS that the suspected abuse was unfounded
and the fact that the allegation was a fabrication, Mother is unwilling to withdraw the PFA
petition and vacate both the temporary PFA order and the Court's Order giving her temporary
sole legal custody.
3
15. Consequently, under separate cover but at the same time as this Petition,
Father has motioned the Court to schedule the hearing on the PFA petition to which he is entitled
pursuant to 23 Pa.C.S. §6107.
16. As a result of the fabricated claim, Father has had no custodial time with
his children in almost three months, which has been a significant hardship for the children and is
not in their best interests.
IT By virtue of the PFA Petition filed by Mother, Father has been unable to
receive the benefit of the additional weeks of custody he was to receive this summer through the
May 17, 2011 Order.
17. As the claims made in the PFA petition were fabricated and unfounded,
the May 25, 2011 Order is no longer necessitated, and Father's right to shared legal custody of
both of the children in all aspects should be reinstated.
18. As the claims made in the PFA petition were fabricated and unfounded, all
prior custody orders providing Father with partial physical custody of the children should be
reinstated, and Father should be afforded custodial time with the children to recompense, as
much as is possible, for that time which the children and Father lost due to the PFA petition and
the temporary PFA Order.
19. In the interest of judicial economy, and for the convenience of witnesses,
litigants, and counsel, Father requests that the Court hear this Petition for Special Relief at the
same time that the Court hears the PFA petition.
4
WHEREFORE, Plaintiff respectfully requests this Honorable Court vacate its Order of
May 25, 2011, and reinstate all prior custody orders which were in effect prior to the filing of a
PFA petition by Defendant on May 20, 2011. Plaintiff further requests this Honorable Court
afford him make-up time with the children to recompense him, as much as possible, for the
custodial time lost by virtue of the temporary PFA order. Further, Plaintiff requests the Court
consolidate a hearing on this Special Relief Petition with the hearing it must hold on Defendant's
PFA Petition.
Respectfully submitted,
Date: P-L, C i I
Darre?JHo st, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Aaron Cohen
5
VERIFICATION
I, Aaron G. Cohen, hereby swear and affirm that the facts contained in the foregoing
Plaintiff's Petition for Special Relief
are true and
correct to the best of my knowledge, information and belief and are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unswom falsification to authorities.
Date: 8/15/11
AAROl,k OHEN-
?,-;RON COHEN,
VS
LISA MATUKAITIS,
ORDER OF COURT
AND NOW, this 25th day of May, 2011, Mother in the
above-captioned case having advised that the child Bennett Cohen is
in need of medical attention and that there is currently pending a
Protection From Abuse order against the father in this case, and
this Court having previously granted joint legal custody in this
particular case, it is hereby ORDERED AND DIRECTED that for the
purposes of administering the medical care needed by the child at
this time Mother will be granted sole legal custody of the child
for the purposes of his medical treatment.
By the Court,
M.L. Ebert, Jr., J.
Jason Kutulakis, Esquire
For Plaintiff
V/ Aaron Cohen
1199 Highland Drive
Bloomsburg, PA 17815
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: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUM3ERLAND COUNTY, PENNSYLVANIA
NO. 2008-0040' CIVIL
: CIVIL ACTION - LAW
Defendant : IN CUSTODY
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COLUMBIA COUNTY CHILDREN AND YOUTH
11 West Main Street
PO Box 380
Bloomsburg, PA 17815
April M. Miller
Administrator
July 6, 201 l
Mr. Aaron Cohen
1199 Highland Dr.
Bloomsburg, Pa 17815
RE: Bennett Cohen
Dear Aaron:
Telephone: (570) 389-5700
Fax: (570) 389-5703
Chris E. Young
William M. Soberick
David M. Kovach
Commissioners
This letter is to inform you that our Agency has investigated a report of suspected child abuse regarding the
above-named child in accordance with the Child Protective Services Law. We have determined that the
report does not meet the criteria for child abuse as established by law, and is thus unfounded. The report
will remain on file for a period of one year from the date of report. The report will be entirely expunged
within 120 days after the l-year period. Please contact the Agency at 389-5700 if you have any additional
questions.
Sincerely,
X"e?&'4zb
Renee Halczak
Caseworker
p.3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AARON COHEN, )
Plaintiff ) NO. 2008-0046
V. )
LISA MATUKAITIS, ) CIVIL ACTION -
Defendant ) LAW IN CUSTODY
CERTIFICATE OF SERVICE
I, Darren J. Holst, Esquire, counsel for Aaron Cohen, Plaintiff in the above-captioned
action, hereby certify that a true and correct copy of the foregoing Plaintiff's Petition for Special
Relief was served upon Jason P. Kutulakis, Esquire, counsel for Lisa Matukaitis, Defendant, by
depositing same in the United States mail, first class, on August 15, 2011, addressed as follows:
Jason P. Kutulakis, Esquire
ABOM & KUTULAKIS, LLP
2 West High Street
Carlisle, PA 17013
Date:
Darren J. Hols , Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Aaron Cohen
AARON COHEN,
PLAINTIFF
V.
LISA MATUKAITIS,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-0046 CIVIL
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER OF COURT
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AND NOW, this 20th day of September, 2011, upon consideration of Plaintiff's
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Petition for Special Relief and the court noting that President Judge Hess has issued an
Order dated September 16, 2011, granting the Father periods of supervised physical
custody and that the conclusion of the hearing on the Protection From Abuse allegation
is scheduled to be held on November 3, 2011;
IT IS HEREBY ORDERED AND DIRECTED that the Court will take no action on
the Plaintiff's Petition for Special Relief at this time pending conclusion of the Protection
From Abuse hearing.
By the Court,
Darren J. Holst, Esquire
Attorney for Plaintiff
./ Jason Kutulakis, Esquire
Attorney for Defendant
v a
M. L. Ebert, Jr., J.
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AARON COHEN,
PLAINTIFF
V.
LISA MATUKAITIS,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-0046 CIVIL
IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 26th day of September, 2011, upon consideration of Defendant's
Petition for Special Relief filed September 23, 2011, and the court noting that President
Judge Hess has issued an Order dated September 23, 2011, granting the Father
periods of supervised physical custody and that the conclusion of the hearing on the
Protection From Abuse allegation is scheduled to be held on November 3, 2011;
IT IS HEREBY ORDERED AND DIRECTED that the Court will take no action on
the Defendant's Petition for Special Relief at this time pending conclusion of the
Protection From Abuse hearing.
? Darren J. Holst, Esquire
Attorney for Plaintiff
Jason Kutulakis, Esquire
Attorney for Defendant
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By the Court,