Wearing down by Attorney Speice's extensive cross-examination , Dr. Baker's testimony finally revealed that my daughter loved her daddy more than her mother and she wanted to come home to live with me. At the end of the hearing, I was ordered two things until the next scheduled bearing on July 17th. (1) I was given additional days of visitation with my daughter and (2) a period of two weeks to get a second medical opinion before any court ordered medication would be considered for Stephanie.

On July 2nd, I was to pick Stephanie up at my wife's residence for our first extended visit only to discover a vague note tacked to the door telling me that Stephanie was involved in some emergency. Accordingly, I was advised to contact my lawyer in the morning. Not until 3:00 P.M. July 3rd, did my attorney discover that Stephanie was placed in a mental institution, collusively by Dr. Baker, CYS and my wife. On July 3rd, Judge Jolene Kopriva acted on the fabrications and whims of Dr. Baker, and issued an order to institutionalize my daughter and medicate her if it was deemed necessary. My court ordered second medical opinion was now to be done at the Meadows Psychiatric Center. Ironically, the Meadows was where Dr. Richard Hill had a full time practice and was a director of the facility. Furthermore, the custody hearing disclosed that the Meadows paid the rent to Dr. Nancy Baker for Dr. Hill's office space in her building. A second medical opinion by a Meadows psychiatrist to medicate my daughter or not was in fact no second opinion at all. Dr. Baker knew an independent second medical opinion and psychological reevaluation of my daughter absent her influence would have exposed her for being a fraud, and pathological liar.

This time it was Judge Kopriva who assisted Dr. Baker's irrational moves to institutionalize my daughter and circumvent my opportunity to have a neutral medical opinion done. Judge Kopriva's July 3, 1997 order stated that every effort was made to contact my attorney as well as my daughter's guardian ad litem before incarcerating Stephanie. Supposedly they were unavailable to participate in the crisis. Not being taken in by Judge Kopriva's lie, Attorney Speice wrote a letter to Judge Kopriva asking her to explain exactly what attempts were made to contact him. Judge Kopriva refused to answer his request.

On July 15th, 1997, Stephanie was released from the Meadows heavily medicated with Prozac and Risperidal. Dr. Baker also filed an oral complaint with Blair County Children and Youth services accusing me of severely emotionally abusing my daughter. Accordingly, Dr. Baker requested that all my visitation and contact with Stephanie be stopped. Not completely accomplishing her goals my every other weekend visitation with Stephanie was restricted and heavily monitored during the 84 day investigation by CYS. I was now required to take Stephanie to Ms. Zimmerman's office on the Sunday evenings of my every other weekend custody exchange. Also, Stephanie was not allowed to see any adult paternal family member that I didn't reside with.

When Dr. Baker caught wind of Mr. Consigilo's decision, she went on a rampage to overturn his custody recommendation. She sent an ex parte letter to my wife's attorney, Darlee Sill, asking him to take some action to stop my visitation with Stephanie. Dr. Baker's actions resulted in one petition being filed by Ms. Zimmerman and another from Mr. Sill. Both requested a judge to overrule Mr. Consiglio's recommendation. Judge Peoples denied the request. This still didn't stop Dr. Baker campaign as she continued to persue Mr. Consiglio to reverse his recommendation, to no avail.

In any case, the already restricted visitation arrangement had just about pushed Stephanie to a mental breakdown. In complete counter distinction to Baker's allegations of me, the CYS investigation netted numerous reports by independent social workers, and psychologists that I did not cause my daughter the mental abuse Dr. Baker accused me of. These reports repetitiously conveyed Stephanie's wishes to live with her father.

During a September 22, 1997, custody hearing, CYS caseworker, Catherine Hoover, testified that the 84 day CYS investigation resulted in no charges of emotional abuse as Dr. Baker reported. After changing the allegations to medical neglect in the middle of the investigation, without notification to me or my attorney, CYS concluded that there was no indication of medical neglect as Dr. Baker reported. This charge was discounted by CYS psychologist Lynn Kagarise. However, Ms. Hoover said there was an indication of indulgence. Attorney Speice asked exactly what is indulgence? Ms. Hoover answered inappropriate parenting. She explained that Stephanie had told CYS that her father had bought her so many toys it filled the second floor of his garage. Attorney Speice asked if CYS had ever been to the father's house to question him or his family members. Ms. Hoover answered no, because we (CYS) didn't think you would allow CYS to talk with Mr. Kearns' family.

Two days after the September 22nd hearing, Attorney Speice had contacted me to tell me that CYS had sent him a letter stating that I was notified at some point during the 84 day investigation that the emotional abuse allegations were changed to medical neglect. Being news to me, I suddenly found myself being indicated by CYS for not providing my daughter Dr. Hill's recommended psychotropic medications.

On October 10,1997, Ilissa Zimmerman, Esq. was called to the witness stand by Attorney Darlee Sill. Ms. Zimmerman gave testimony to her involvement with Stephanie as her guardian ad litem. Ms. Zimmerman gave her view of the emotional and degenerative condition Stephanie was in since her first contact with her in December 1996. Ms. Zimmerman testified that it has always been Stephanie's desire to live with her father.

Attorney Speice cross examined Ms. Zimmerman as to what is causing Stephanie's seemingly irreversible emotional deterioration. Ms. Zimmerman concluded that Stephanie needed to have more contact with her father over and above the every other weekend visits.

Concluding this hearing, Master Consigilo asked Ms. Zimmerman how much additional visitation should I be given with Stephanie, for example, a couple days per week, perhaps? Ms. Zimmerman answered one hour extra per week is enough. Infuriating my wife she argued that I shouldn't have any additional visitation with Stephanie.

On October 20, 1997 Stephanie concluded the evidentiary hearings with her interview before the attorneys and master. The highlights of the interview was Stephanie's unshakable persistence that she wanted to live with her father. Taking the group by surprise Stephanie told Mr. Consiglio that her mother was going to fool all of you.

On January 30, 1998, I received a final order with the custody recommendation from Mr. Consiglio and signed into order Judge Jolene Kopriva. The order granted me my every other weekend visits with Stephanie plus one overnight stay per week. Being totally devastated by the order, I conceded it was a losing battle and decided to give up my fight for custody of Stephanie. I was dejected and decided not to appeal the order. When Attorney Speice reviewed the order with me, he pointed out an endless string of errors in Mr. Consiglio's ruling. That is when I requested Attorney Speice to continue the custody litigation.

Judge Hiram Carpenter became involved with my custody case on or about May 22, 1998, when my attorney filed exceptions to the master's custody ruling. Attorney Speice requested that a de novo hearing before a common pleas court judge be granted to decide custody of Stephanie. (Frederick vs. Kearns--Docket # 96 GN 2139).

On August 28, 1998, we had our first of a series of custody hearings with Dr. Richard Hill being the first and only witness to testify that day. Basically, his testimony indicated that Stephanie had no mental illness but was suffering from the stress of the divorce situation. His opinion of Stephanie's emotional problems differed dramatically to Dr. Baker's opinions of Stephanie. On or about September 15, 1998, Attorney Speice had acquired a copy of that hearing transcript which I had the opportunity to review. I found it to be about 99% accurate according to my recollection of the hearing.

On or about December 12, 1998, I filed a pro se petition requesting that Ilissa Zimmerman, Esq. be dismissed as guardian ad litem. I also asked that Zimmerman be placed under investigation for contributory abuse to her client. My family and I had witnessed on numerous occasions Ms. Zimmerman's unprofessional actions and cruel comments she made to Stephanie caused her severe emotional upheavals. During Ms. Zimmerman's three year tenure as Stephanie's guardian ad litem, she was starting to look more and more like Ms. Frederick's second attorney. Ms. Zimmerman's conduct went beyond the duties of guardian ad litern and was obvious to all concerned that she had aligned herself with Ms. Frederick and was susceptible to her whims and persuasions. The petition was promptly dismissed the following day by Judge Carpenter citing counsel of record.

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