HomeMy WebLinkAbout02-1653THOMAS KEPNER,
Plaintiff
Vo
MARY W. VIEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
· DOCKET NO.o.~-/~,~ CIVIL TERM
CIVIL ACTION IN~ ~Tf.,c.~(~y
COMPLAINT
AND NOW comes the Plaintiff Thomas Kepner, by and through his attorneys, the
Offices of Fenstermacher and Associates, P.C·, and files this Complaint, as follows:
1. The Plaintiff and Defendant are the parents of two minor children, Tara
Christina Kepner, born March 27, 1989; and Hanna Beatrice Kepner, bom July 30, 1990.
2. No outstanding order of custody currently exists.
3. The parents currently share physical custody of the children.
4. The mother of the minor children is Mary W. Viehman and the father of the
minor children is Thomas Kepner; and there are no other parties in interest in this custody
action.
5. The minor children have resided with mother since February, 1995.
6. The Plaintiff/Father asks for an order of partial custody of the minor children,
in the belief that it would be in the best interest of the children.
7. To the best of Plaintiff's knowledge no other action for custody, support or
visitation has been filed with this or any other Court of the Commonwealth regarding the
minor children.
8. Plaintiff/Father currently resides at 625 Apple Drive, Mechanicsburg,
Pennsylvania 17055. Defendant/Mother currently resides at 917 E. Coover Street,
Mechanicsburg, Pennsylvania 17055.
9. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation conceming the custody of the children in this or another Court.
10. Plaintiff does not know of a person not a party to the proceedings who
claims to have custody or visitation rights with respect to the children.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
an award of temporary custody to her until a final headng on the matter is held and,
thereafter, to enter a final order for custody in the name of the Plaintiff.
Respectfully submitted,
Fenstermacher, Emery and Russo, P.C.
DATED: April 1, 2002
By:
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attomey for Plaintiff
VERIFICATION
I, Thomas Kepner, have read the foregoing Complaint and hereby certify
that the facts set forth are true and correct to the best of my knowledge, information and
belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. {}4904
relating to unsworn falsification to authorities.'
By:
DATED:
THOMAS KEPNER
PLAINT~F
V.
MARY W. VIEHMA.,N
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-1653 CIVIL ACTION LAW
: 1NCUSTODY
AND NOW, Tuesday, April 09, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Tuesday, May 07, 2002 at 10:30 AM
for a Pre-Hearing Custody Confemmce. 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. All children age five or older may also be present at the conference. 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/
Melissa P. Greevv. Esa.~, J~
Custody Conciliator - U
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. 1F 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MAY 1 2O02
THOMAS KEPNER,
Plaintiff
V.
MARY W. VIEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-165:3 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~_~'~ day of May, 2002, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
8_~_~) Counsel will appear for a .status conference before the Court at
· ~l .M. on the /~)~ da..~ of L~.~L , 2002,
Cumberland ~ Courthouse, Courtroom No. .~ .
2. A hearing is scheduled in Courtroom Number ~ of the Cumberland County
Courthouse, on the /0"~ day of I,~.~x¢,-_ , 2002, at J~ 30 o'clock
f~ .M., at which time testimony will be taken. For the purposes of the hearing, the Father,
Thomas Kepner, shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties or the parties pro se shall file with the Court and
opposing counsel/party a memorandum 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 ten days prior to the
hearing date
BY T~,~~.,~
Dist:
· ..'thomas Fenstermacher, Esquire, 5115 East Trindle Road, Mechanicsburg, PA 17050
.,~Philip H. Spare, Esquire, 44 W. Main Street, Mechanicsburg, PA 17055
MAY .1. ~ 200~' ~
THOMAS KEPNER,
Plaintiff
V.
MARY W. VIEHMAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 02-1653 CIVIL TERM
:
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 subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Tara Christina Kepner March 27, 1989
Hanna Beatrice Kepner July 30, 1990
Mother
Mother
2. A Custody Conciliation Conference was held on May 7, 2002 pursuant to
Father's Complaint for Custody filed on April 4, 2002. Present for the conference were the
Father, Thomas Kepner, and his counsel, Thomas Fenstermacher, Esquire; the Mother,
Mary W. Viehman, and her counsel, Philip H. Spare, Esquire.
3. Father filed his Complaint seeking periods of partial custody. At the
conference, he proposed alternate Sundays in the afternoon and alternate Wednesdays
with no periods of overnight custody. Father states that he is seeking to reunite and
reestablish a relationship with his daughters. He claims that he has not seen them in the
last six (6) months and that six (6) months ago he saw them for approximately five (5)
minutes. He states that he attempts to maintain contact with them by telephone. Father
states that since the time of separation in approximately 1995 that his visits have always
been a struggle because the Mother would refuse to make the children go on the visits. It is
Father's belief that the children are being taught to be rude to him and his family. Father
would be willing to enter counseling with the children to establish what the most appropriate
way would be to reestablish his relationship with his daughters. He proposes that he would
pay his share of the cost of the counseling to assist in this regard. Father resides in
Mechanicsburg with his wife and infant daughter. His present work schedule includes
working nights on the weekends. Father is employed as a bartender. Father acknowledges
that he has had arrests associated with alcohol use in the past. However, he states that he
NO. 02-1653 CIVIL TERM
has had no arrests since 1996 for this problem. Father has not participated in 12-step
programs or chemical dependency treatment. However, he would be willing to participate in
a chemical dependency evaluation.
4. Mother's position on custody. Mother alleges that the Father has had no
contact with the girls for approximately four (4) years. She claims that she cannot make
them physically go to visit with him and that he has had little to no involvement with the girls.
Mother also expresses safety concerns because of arrests associated with alcohol use.
However, Mother does not have any more specific information subsequent to an arrest in
1996. Mother also claims that at times when the girls have been with Father for periods of
custody that he was taking them to bars. She claims that the older daughter locks herself in
the bathroom so she does not have to talk with Father on the telephone. At the conference,
Mother reported that she would be willing to talk with Father about the possibility of
participating in counseling upon the condition that he would take weekly tests for a period of
six (6) months to establish whether or not he was drinking or using drugs. After a period of
six (6) months of demonstrated sobriety on the part of Father, Mother might then be willing
to talk about counseling and trying to establish a reunification plan.
5. Inasmuch as the parties could not reach an agreement on the terms with
which Mother would agree to allow the girls to participate in counseling with an eye toward
reunification with Father, the matter is set for a hearing before the Court. Based on the
reports of the parties, it appears that there is in fact estrangement between the children and
their Father. Of course, the reason for that estrangement remains a subject of dispute
between the parties. Additionally, Mother has concerns about substance abuse on the part
of Father. Factual determinations on these issues and how they relate to Father's quest for
periods of partial custody shall be made at the time of the hearing.
6. The Conciliator's recommended Order is attac, c~3ed.~.,
Melissa Peel Greevy, Esq~re
Custody Conciliator
:158081
THOMAS KEPNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 02-1653 CIVIL TERM
:
MARY W. VIEHMAN, : CIVIL ACTION - LAW
defendant : IN CUSTODY
AND NOW,
ORDER OF COURT
this 10th day of June, 2002, hearing in
this matter is continued until August 19th, 2002, at 1:00 p.m.
Pending said hearing, the parties shall have shared legal
custody of their Children, with Mother having primary physical
custody. Periods of visitation shall be within the discretion
of Mother until further Order of Court. Pending the next
hearing, the parties are to take the following steps:
1. They shall share the costs of transcribing
today's proceedings, which shall be transcribed forthwith.
2. Father shall obtain a drug and alcohol
evaluation and shall provide a copy of the evaluation to
Mother's counsel. Said evaluation to be arranged within 48
hours of today. A copy of the transcript of these proceedings
and this Order is to be given to the evaluator, who shall make
reference in his or her report to the fact that he or she has
reviewed the transcript and this Court Order as part of the
evaluation.
3. Mother, Father and the Children shall forthwith
begin counseling with the firm of Dr. Stanley Schneider
[Guidance Associates] of Camp Hill, Pennsylvania. The purpose
of the counseling is to help Father reestablish a relationship
with his Children. A copy of the transcript, as well as a copy
of the Court's Order, shall be provided to the counselor. The
parties shall share the costs of the counseling.
4. The parties are further directed to make
arrangements for a custody evaluation at the earliest practical
date. Provided, however, that if Dr. Schneider's office is
willing to give this Court an opinion limited to the question of
whether restricted visitation will do harm to the Children, we
may be able to forego a custody evaluation. In that event, we
will address the issue of the need for a custody evaluation at
the August 19, 2002 hearing.
The shared legal custody granted to Father shall
give him the authority to obtain all records of the Children,
including their school records, their medical records, et
cetera. We are also directing Mother to provide Father with
copies of the schedules for any organized sports in which the
girls participate.
Mother shall also make the Children available to
receive telephone calls from Father each Monday evening from
8:00 to 8:15 p.m. If Father does not call in that time frame,
the girls need not wait around any longer for him to call.
By the
Edward E. Guido, J.
~ohn R. Fenstermacher,
Attorney for Plaintiff
Esquire
/Philip H. Spare, Esquire
Attorney for Defendant
THOMAS KEPNER,
Plaintiff
Vo
MARY W. VIEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1653 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE EDW/LRD E. GUIDO, J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Monday, June 10, 2002,
in Courtroom No. 5
APPEARANCES:
JOHN R. FENSTERMACHER, Esquire
Attorney for Plaintiff
PHILIP H. SPARE, Esquire
Attorney for Defendant
FOR THE PLAINTIFF
Thomas S. Kepner
INDEX TO WITNESSES
DIRECT
3
CROSS.
12
FOR THE DEFENDANT
Mary Bea Viehman
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THE COURT: This is Kepner v. Viehman. Are
the parties ready to proceed?
MR. FENSTERMACHER: Yes.
MR. SPARE: Yes.
THE COURT: Mr. Fenstermacher, you may call
your first witness.
MR. FENSTERMACHER: We call Thomas Kepner.
THOMAS S. KEPNER
havinH been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. FENSTERMACHER:
Q State your full name for the record, please.
A Thomas Steven Kepner.
Q Tom, where do you live?
A 625 Apple Drive in MechanicsburH.
Q Did you file a complaint seekinH visitation
and custody of your children?
Yes.
Can you tell the Court who the children are
A
and their names?
A
Q
A
Q
Tara and Hanna Kepner.
How old are they?
Thirteen and eleven.
Can you just tell the Court why you felt you
had to file the petition?
1 A Because I haven't seen them. I keep trying.
2 I've been begging for seven years to see my kids, and it's
3 gotten worse and worse and worse. And now it's been two
4 years with only phone conversation.
5 Q Describe for the Court what worse and worse
6 and worse is?
7 A Well, less and less and less. First it was
8 semi-regularly. It's been seven years. It's just totally
9 dwindled to nothing now. I didn't want to come to this, but
10 this is my only choice.
11 Q Why has it gotten to that point?
12 A They refuse to go with me.
13 Q Do you know that they are refusing to go
14 with you, or is it your ex-wife that is causing the problems
15 as far as visitation?
16 A I'm sure it's 99 percent that.
17 Q Now, are you married?
18 A No.
19 Q Your ex-wife is remarried, is that correct?
20 A Yes.
21 Q Do you have any other children?
22 A Yes.
23 Q What is the name of that other child?
24 A Bailey Rene Kepner.
25 Q How old is she?
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in time?
A
Eight and a half months.
Has she met her other sisters at this point
A No. As far as I know, they don't even know.
I didn't want to tell them over the phone.
Q Can you describe to the Court, when you went
to pick up the girls or visit, what would typically occur
when you tried to have visitation?
A Well, at first, like seven years ago, there
wasn't any problem. Then it just started. I would make
plans to take them to do something with my mother, and I'd go
to pick them up, the plans would be set, and they would come
to the front door and say they're not -- they're not going.
They never -- they were never told they had to go. It was
always, even when they were very young, five years ago, it
was their decision. They could say they didn't want to go
with me.
Q Have you continued to pay support for these
children?
A
Yes.
Up to the present day?
Yes.
Can you describe to the Court what you would
like -- what type of visitation you'd like to have at the
present time with your children?
A I just want to see them once a week to
start, you know, just take them out to dinner, do something
with them. I want to introduce them to their sister that
they don't -- I don't believe they even know they have, you
know, and build from there. Just a dinner once a week isn't
going to hurt anybody.
Q Have you requested this of your ex-wife?
A Yes, many, many, many times.
Do you recall we went to a custody
Q
conci 1 iat ion?
A
Q
9
10
11 Yes.
12 And - -
13 MR. SPARE: Objection, Your Honor. I
14 believe things that are discussed at custody conciliation
15 conferences are for the purposes of settlement and not
16 necessarily to be introduced at trial.
17 THE COURT: Overruled.
18 BY MR. FENSTERMACHER:
19 Q Do you recall what you have offered
20 presently? You'd like to have once-a-week or twice-a-week
21 visitation. Have you offered to go to counseling to try to
22 seek visitation with the children?
23 A Absolutely. Whatever it takes.
24 Q At the present time, do you have an
25 understanding as to what your ex-wife's position is regarding
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1 counseling?
2 A As far as -- she's not interested. She's
3 just not interested in me seeing my kids.
4 Q You know that your ex-wife has always raised
5 an issue as to alcohol abuse. Do you understand that?
6 A Yes.
7 Q Can you describe to the Court -- you had a
8 DUI arrest in what year?
9 A Nineteen eighty-nine.
Q Since that time, have you ever been
convicted of any alcohol-related crime?
No.
In the '90s, were you arrested at one point
A
in time for DUI?
A
Q
A
1996.
Q
Yes.
What happened in that instance?
All charges were dismissed. That was in
Presently, in your opinion, do you have any
kind of alcohol or substance abuse problem?
A
BY THE COURT:
Q
A
Q
No.
Why were those charges dismissed?
Illegal entry by the police.
Did you -- was there a blood test or a
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breath test?
A
Q
A
Q
A
Yes.
And what was that?
I don't recall.
Were you above a .107
Yes.
BY MR. FENSTER/w~CHER:
Q Since that time, have you had any kind of
arrest for alcohol or drug abuse?
10 A No.
11 Q Do you use drugs?
12 A No.
13 Q Do you consume alcohol?
14 A Yes.
15 Q Do you consume alcohol to any great excess?
16 A No.
17 Q Now, when you did get visitation of the
18 children, what would you normally do with them? What would
19 the visitation consist of?
20 A We'd go out to eat, we'd go shopping, go to
21 my mom's house. Most of the time we'd go to my mom's house.
22 There was an instance where they said I always went to bars
23 with them. Well, that was -- it's not a bar. It's where I
24 was employed at that time. It's called Earl's Sub Shop.
25 They have alcohol there. They wanted to go there and have a
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A
Mechanicsburg.
Q
A
Q
A
Q
sandwich and play video games, and we'd be there for a half
hour at the most. I mean, I would never drag them -- that
was ridiculous. If I -- nine times out of ten, I wouldn't
even drink, and if I did drink it would be one beer. There
has never been an alcohol instance with the children ever.
Q My assumption -- and you tell me -- you love
your children, do you not?
A Very much. There's not a day that goes by
that I don't think of them.
Q Can you tell the Court, also, where you are
employed presently?
I work at Snapper's Bar and Grill in
In what capacity?
Bartender/manager.
How long have you worked there?
Four years.
In the seven years since you and your wife
have been divorced, what contact have you had with your wife?
A Zero.
Q Has she been anywhere with you socially
during that time period?
A No.
Q Has she been at any event where you've also
been present during that time period?
1 A No.
2 Q Consequently, she doesn't know what your
3 lifestyle or your life is like presently, does she?
4 A I don't know how she would.
5 Q When you were divorced, there was never any
6 formal custody arrangement, is that correct?
7 A No.
8 Q Can you just describe for the Court today
9 what the general visitation arrangement was initially with
10 your children?
11 A We didn't -- you know, I would try to get
12 them every other weekend for the afternoon or something.
13 They never spent the night with me. Again, you know,
14 primarily we would go to my mom's. I was living with my mom
15 at that point, and, you know, we'd go see her.
16 Q So it was informal?
17 A Right.
18 Q You could just pick up the phone and say --
19 A Yeah. At first, it was agreeable, and then
20 it just totally went downhill.
21 Q When did it start to go downhill?
22 A Well, the last time I had them both would be
23 Christmas Eve 1999, where we'd go to my brother's house.
24 That was the last time I had them both. I think I had Hanna
25 once or twice since then. But that, again, was two years
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ago. Since then, it's been nothing. Every time I have
talked to them for the last five years, I've asked to see
them, every single time.
Q By talked, you mean by telephone?
A Yes. And they always say, I don't know or
I'll call you later, and there's never been a phone call.
There's never been a holiday or a birthday or a Christmas
that they didn't get presents from me and my mother, and just
never a thank you. The kids are not -- they're good kids.
They're just taught to be rude to me and my mother. We give
and give and give and give and beg and get absolute zero in
return, and I know it's not the kids.
Q Just so the Court understands today, you're
not looking for overnight visitation presently, are you?
A No. You know, that will be their call down
the road. I don't want to -- I don't want to force them to
do anything, except I'm here to force them to have to see me
and to, you know, just not write me off like they've been
doing.
Q
A
now, Your Honor.
You want to be their father?
That's it.
MR. FENSTERMACHER: That's all I have right
THE COURT: Mr. Spare?
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BY MR. SPARE:
Q
CROSS-EXAMINATION
Because you don't presently have an alcohol
problem, did you have an alcohol problem when the children
were younger?
A
Q
A
Years ago.
When was that?
Probably 10 years ago. I don't know. It's
just -- I just don't do it anymore to any extent.
Q So 10 years ago the girls would have been
ages one and three, is that about right?
A Okay.
Q
A
Q
an alcohol problem?
A No.
Q Why did get arrested for DUI with a blood
alcohol content of over .1 if you didn't have a problem?
A I was out celebrating a bachelor party. It
was an infrequent instance. It got out of hand. It's been
-- since then that cleared me up.
Q What did you do to clear things up after
that? Did you seek any help?
A No. I just slowed down on the alcohol.
Is that right?
Yeah.
When you got arrested in 1996, did you have
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drinking?
over a .1.
Q But you haven't stopped, you haven't stopped
A
No.
Have you gotten drunk recently?
Drunk?
Yes.
What's your definition of drunk?
Well, let's use Pennsylvania,s definition,
A
I'm sure I've been over a .1.
How recently?
Being over three drinks, four drinks,
probably, I don't know, a week or two ago.
Q ~Jld you still say you don't have an alcohol
problem, is that correct?
this year?
A
Yes.
What grade are the girls in?
Sixth and seventh.
Did you go to parent-teacher conferences
A I've never been permitted.
Q Who prohibited you from going to a parent-
teacher conference?
A The mother. I never had any social
schedule. I've begged and begged and begged.
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Q Did you ever go to the school to ask about
parent-teacher conferences?
to?
A
No.
No?
No.
Do you know you could do that if you wanted
Q
sports?
A
Q
A
do that for next year then.
Q I'm not asking you to do it.
if you have in the past.
A No.
Q Have you ever gone to any of the school
activities that the girls have?
A Yes.
What was that?
I've been to soccer and basketball games.
When was the last time you did that?
Probably two years ago.
So you know the girls are involved in
Well, I'll do that this week -- well, I'll
Yes.
Is there a reason why you haven't gone to
any of their sporting events in the last two years?
A Because I can't get their schedule.
I'm asking you
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Q
Are they on the school teams?
Now I don't know.
Did you ever inquire at the school as to
whether they're on school teams?
A No.
Q Did you ever go to the school and ask for a
basketball schedule or a soccer schedule?
A No.
Q And you blame the mother for you not going
to these events, is that correct?
A No. I blame the mother for not letting me
see them, or I'd be at those events.
You could go to those events on your own.
You can drive a car. You can go to an
Why didn't you
I don't know.
Q
You're a big guy.
event like that.
A
MR. SPARE: No other questions.
THE COURT: Any redirect?
BY THE COURT:
Q
MR. FENSTERMACHER: None, Your Honor.
When is the last time you went a 24-hour
period without having some alcoholic beverage to drink?
A Two or three days ago.
Q How many days per week do you drink on
average?
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occasions?
A
asked?
that?
BY MR. SPARE:
Q
A
Two or three.
How many drinks do you have on those
A
Anywhere from one to four or five.
What kind of drinks do you drink?
Beer.
Who else lives with you?
Nobody.
Where does your current child live?
With her mother.
How often do you see her?
Almost every day.
THE COURT: Any follow-up on what I've
MR. FENSTERMACHER: Nothing, Your Honor.
THE COURT: Mr. Spare, any follow-up on
Is there a formal custody arrangement with
your current child, the younger daughter?
A No.
MR. SPARE:
THE COURT:
down.
No other questions.
Thank you, sir. You may step
Mr. Spare, I'd like to hear from mom.
MR. SPARE: All right.
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M3~RY BEA VIEHMAi~
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. SPARE:
Q
Court.
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Hanna.
Q
Viehman?
A
Can you please state your full name for the
Mary Bea Viehman.
Bea is part of your name, is that correct?
Yes.
You're known as Mary Bea?
Right.
Not just Mary?
Right.
And Bea is spelled B-e-a, is that correct?
Right.
What is your address?
917 East Coover Street, Mechanicsburg.
How long have you lived on Coover Street?
Two years.
Who lives there with you?
My husband, Thomas Viehman, and Tara and
How long have you been married to Tom
Two years.
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Q Can you tell us about Tara?
A Tara is -- well, she's learning disabled.
What she doesn't have book smarts she makes up everywhere
else. She's a very good girl. She's happy and healthy.
Q Could you describe a little bit her learning
disability? Is that something that she was identified at
school as being, learning disabled?
A Yes. She's a slow learner. She is
currently labeled mentally retarded.
Q Is she in special classes in school, then,
for that?
A Yes, she is.
Q How is she doing in those classes?
A Very good. She's usually on the honor roll
most of the time. There are a couple of marking periods she
didn't make it, but she does very well. It's a lot of work.
She has to put a lot of hours in to compensate for it, but
she does very well in school.
Q How important is routine to Tara?
A That's another point. There may be a little
autism in there where she has to have -- she has to follow a
routine. She gets upset if there's not a routine.
Everything has to be in its place. She's a very organized
child, so that is important to her.
Q What can you tell us about her sister,
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Hanna? She's the younger sister, correct?
A Yes. Hanna is happy. She does very well in
school. She does not have a learning disability. She's
active in sports, in the band.
Q What sports is Hanna involved in?
A Basketball, field hockey, softball.
Q Is Tara in any sports?
A Tara did not make the team this year. She
liked basketball, but seventh grade you have to make the
team. She's always played basketball and softball in the
past.
Q Now, you were formerly married to Tom
Kepner, the Plaintiff in this case, is that correct?
A Yes.
Q Can you tell us about Tom's interaction with
the girls over the years?
A Well, he never bonded with them, because
when they were born, after Tara was born, he served 30 days
in jail for his second DUI. Then after that he was out at
least five, probably, I would say, six, nights a week until
all hours of the night. Then he'd come home and wake the
household up at 3:00 in the morning and slept his hangover
off until noon the next day. So he didn't have too much
interaction with them. They really never knew him. He never
attended any functions, nothing. He didn't do anything with
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them.
So things got very bad. We were awakened in
the middle of the night many times by the police as he went
from DUIs to hit and runs. He would flee from the police,
and so the police were always at the door in the middle of
the night. I got a call from the police one time. My car
had been involved in an accident, and they wanted to know why
I left the scene. But I wasn't the driver. He was. So the
police were at the door. He's drunk, and he and the police,
I thought, were going -- I thought he was going to get --
well, they were screaming. I thought there was going to be
an assault, another assault on a police officer in the
garage. The girls witnessed this. They were awakened in the
middle of the night with spotlights shining through the
bedroom window.
He had his mood swings, you know. He would
come home drunk, and his words were always slurred. It was
not healthy for the girls to be around him. He would get
them excited, and then with his mood swings -- typical
alcoholic -- and then he'd go to absolute nasty. So the
girls were always emotionally scarred from that.
Finally, I had to get them out of there, and
so I moved into a town house, and he had no contact with them
for many months. Never heard from him after we left. Then
he would have his sporadic visits. I did find out he was
20
1 taking them to bars. The girls would say that, well, he
2 drank at the bar, and they would play video games with a girl
3 named Star, who apparently was a bartender there. This
4 happened on several occasions. I told him he's not taking
5 them to bars anymore.
6 He was living with his mother. So usually
7 on Christmas and, oh, somewhere around their birthdays, which
8 are March and July, he would take them to his mother's. I
9 called them quarterly visits. Then the quarterly visits
10 turned to four and five months without hearing from him. Not
11 only did I make them come to the phone when he called, I had
12 to physically fight with them to get them in his car. They
13 would cry for hours before he came. There were times he
14 didn't -- he never showed up. He even called 20 minutes
15 before saying, I'm on my way, and then never make it.
16 So then the girls started hoping every time
17 that he wouldn't show up. They would cry for hours, Tara,
18 basically Tara. At first Hanna could be persuaded, as he
19 would promise them gifts. Everything was gift related. If
20 you come with me, you can get your gifts. If you don't come,
21 you don't. So at first they would go, with force, to get the
22 gifts. They were promised to be returned right after they
23 got their gifts. Then Tara didn't care. She couldn't be
24 bribed with a gift anymore.
25 Tara has always, always been afraid of him,
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ever since she was an infant. There was always something
wrong there. She has always had a fear of her father. She
could never be left alone with him, not that there were too
many times that they were left.
block could hear her screaming.
has ever understood it. There's something -- there's a
problem there. When she was in kindergarten, she had
problems. We'd have monthly meetings with all of the school
staff, and the school staff could never figure it out. They
just said, there's something with her father, but we can't --
they never could pinpoint it, and Tara would never tell us
what it was. But the school decided it was definitely a
problem with --
MR. FENSTERMACHER: Objection. Hearsay,
Your Honor.
THE COURT:
THE WITNESS:
MR. SPARE:
She would scream. The whole
Even at home, I -- no one
Overruled.
So as soon as --
If there's an objection, you'll
have to stop talking, let the judge rule, and then you can
listen to what the judge says.
THE COURT: If I overrule it, you can
continue talking. I suspect that they'll ask you a different
question. I've overruled it, so you may continue talking.
MR. SPARE: If you have a question about
whether you can continue on that topic, just ask us, okay?
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BY MR. SPARE:
Q
THE WITNESS: So then when I left --
You were talking about the school and the
problems with the school.
A Once I took her out of that environment and
we moved into the town house --
Q Is that when she was in kindergarten?
A Yes.
Q During her kindergarten year, you moved out
of the town house and into another place and into a different
school, is that right?
A
Shepherdstown.
Right. So then she started going to
When she arrived there, they looked at her
records and couldn't believe it was the same girl. They used
to call Lower -- the Shepherdstown teachers used to call the
Lower Allen teachers and say, what did you do to this girl?
This is not the girl you're describing. She's well behaved.
She's willing to work. It's just a totally different child.
They couldn't believe that this was the same child.
Q Were there times during these sporadic
visits when Tom was supposed to come get them and didn't
come?
A Yes, there were times when -- that's what
the girls always hoped, that he would not show up. But when
he did show up, they were forced physically. I have -- I had
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bruises from fighting with Tara to get her in the car.
Q Was there a point, then, when you decided
you weren't going to do that physical forcing anymore?
A Well, I promised her, I think it was the
Christmas of '97, that if she would just go -- and she did
go, and I forced her, I had to physically force her -- but I
told her, just go this time. Even when he would call -- and
now, till today, she locks herself in the bathroom. Hanna
will pick up, and she can tell by Hanna's reaction -- they
can tell when it's their father calling. Hanna's reaction
let's Tara know it's him on the phone, and she locks herself
in the bathroom. I can't force them to take a phone call.
They refuse to talk. There are many times they just hang up.
They just don't -- he's a stranger. They are just so happy
and healthy right now.
With the alcoholism, he's -- he's had three
arrests for DUIs, and at least three more hit and runs. He
definitely is an alcoholic. He's been urged by his employer,
by his co-workers, his family and his friends to seek alcohol
treatment. Obviously, that's why they're not here today.
Q Was there a time when he was supposed to
have the girls for an hour or so and it lasted longer than
that?
A That was probably one of the last times.
They just would not go anymore. They agreed that if they
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wonderful kids.
from -- when I left, they were four and five.
believe they are the same kids they are today.
would go just out to dinner and back, if they could come
right back and be back in an hour, they agreed to go. I
waited around for hours, at least four hours. I was calling
all over town. They never came back. He had told them that
I had left them, and I wasn't home, and I had gone to play
tennis and left them. Tara begged for him to bring her home,
but it was at least four hours later, and that's the last
time they would go. That was the last time.
Q Now, with the father's sporadic visits and
not seeing the girls for the last several years, do the girls
have any father figures or males in their lives?
A I've always had -- my father has always been
good to them. My brother-in-laws -- in fact, my
brother-in-law, Joe, has always -- they love him dearly.
He's always -- he's always been their father. I've had -- I
was lucky to have wonderful neighbors that took an interest
in them, and my brothers, my whole family. They have always
been very active with the family. So they've had good father
figures. They have a good opinion on men. Now they have
their new father, and he's very good to them. They get along
great.
They're very happy, very well adjusted, just
I don't want to risk -- they've come so far
You would not
They are so
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well adjusted and happy. No one would never know -- I know
it's not healthy to not have a father; but when you don't
have a good father figure, it's not healthy.
Were you surprised when you heard about this
Q
custody case?
A
Q
A
Yes.
Why were you surprised?
Well, I just -- he had taken me to Domestic
Relations for a reduction in child support, and this came on
10 the heels of that. So I assumed that's why he's doing it.
11 He's never taken an interest in their entire life. He's been
12 to a soccer game when Hanna was five, one soccer game, and
13 his mother dragged him to a basketball game two or three
14 years ago. Over the years, they have played many sports.
15 She's had musicals. She's in the band now. Never once has
16 he asked, made an attempt. He's never asked about how
17 they're doing in school. He did call a couple of months ago,
18 and the only thing he said is he wanted to know why Tara only
19 made second honor roll instead of first. This is a girl
20 with -- that had no self-esteem, and that comment does not
21 help her.
22 Q Do you have a proposed resolution of this
23 custody case you'd like to tell the Court about?
24 A I think -- my concern is I pray that these
25 girls are happy and healthy, the only two things I ask of
26
1 those girls. And to send them with an alcoholic and risk
2 their safety because of -- for some reason, we're doing this
3 suddenly after all of these years. He needs alcohol
4 treatment. Mike Green from the Homestead Group sent him many
5 years ago to get help for alcoholism. He had a -- I don't
6 even know if he showed up at that meeting, but he -- and I
7 know the person's name, but I'm not going to bring it up
8 because he's involved in AA. He was to have a meeting with
9 him. His co-workers, family, his mother has dragged him out
10 of bars many, many times. He needs alcohol treatment. Until
11 he can be alcohol free and I know my girls are safe, I am not
12 interested in any kind of visitation.
13 Q If he were to go through some kind of
14 alcohol program and he could show a repeated history of
15 addressing that situation, would you agree to go to
16 counseling at that point to arrange for some sort of
17 reintroduction with the girls?
18 A If he can stay alcohol free, yes. I'll even
19 take the girls to Al-Anon so they understand it from their
20 point. To send these girls -- I think it would be counseling
21 for them. Tara goes through a lot, a lot at school. She
22 just came out of a month of testing at school. I just don't
23 see taking an alcoholic to counseling. The problem is the
24 alcoholism.
25
Q
Is there anything else you would like the
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Court to be aware of, from your perspective, in making this
decision?
A Just that they're happy girls, I'm extremely
proud of them, and I do not want to risk that. I think the
Court -- I think the best interests of the children are here,
for their safety, for their lives.
that.
MR. SPARE:
Honor.
THE COURT:
BY MR. FENSTERMACHER:
I don't want to ruin
No further questions, Your
Mr. Fenstermacher.
CROSS-EXAMINATION
Q Mrs. Viehman, how much time have you spent
with Tom Kepner in the last seven years?
a Seven years, none.
Q So consequently, you don't know what his
lifestyle is today, do you? You have no firsthand knowledge?
A Unfortunately, everyone feels like they have
to fill me in, so yes.
Q Do you have firsthand knowledge of his
lifestyle?
A
circles.
No. We don't hang around the same social
Q So you personally haven't seen any alcohol
abuse or other issues in the last seven years?
28
1 A He would call the girls on the phone. When
2 he's drunk, he slurs. You can always tell. He's a sloppy
3 drunk. He called those girls on the phone drunk. He'd call --
4 THE COURT: Excuse me, ma'am. When is the
5 last time that occurred?
6 THE WITNESS: I would say it would be years.
7 THE COURT: Has he been contacting the girls
8 regularly by phone, though?
9 THE WITNESS: I'd say every three months.
10 THE COURT: He's been sober on those
11 occasions, at least the last couple of years?
12 THE WITNESS: I haven't talked to him.
13 MR. FENSTERMACHER: I'm sorry. I didn't
14 hear the response.
15 THE COURT: She hasn't talked to him.
16 BY MR. FENSTERMACHER:
17 Q Now, you mentioned that when you moved out
18 your children were four and five?
19 A Right.
20 Q At that time or any time subsequent to that,
21 have you taken them to any kind of counseling to try to
22 understand the issues they're having with their father or
23 their mother?
24 A
25 Q
To the school that they have, that Tara has.
Have you gone to any outside counseling?
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A
that was before.
Q
I tried to take her to the IU, but the --
Since then, no.
So it would be just the guidance counselor
or someone at the school that would have talked to them?
A Yes.
Q But not a -- what I'm trying to get at, not
a doctor?
time?
A
I think the school psychologist is.
So the school psychologist talked to them?
Right.
There's no outside party at the present
A No.
Q Don't you think it's not good for a child to
have a big issue or an issue with trying to deal with their
father? In other words, you testified that your one daughter
was angry or upset over her interaction with her father, is
that correct?
A She's always been afraid of him, yes, since
day one.
Q That fear, didn't you think, as a mother,
that that's something that a psychologist or a psychiatrist
should look at and try to examine?
A No, because I knew the source of the problem
and I took her out of that. I mean, she's had a great
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support system. My family has been wonderful.
Q What I'm trying to get at, though, is she's
never had any counseling specifically for that, isn't that
correct?
A No.
Q Then you also testified that I guess it was
Tara was a little autistic. Has there been a determination
by a physician that she's autistic?
A No. The psychologists have never picked it
up. She's always seen her doctor, her pediatrician. I've
talked to them about it, but they're not experts on autism
either. But that is my opinion. I've done a lot of
research. I read a lot.
Q Okay. But it's not a doctor's determination
that she's autistic, is that correct?
A No, because they don't -- if you had seen
her as an infant, any professional would not see it in her
today.
Q As far as Tara's schooling, you testified
that she was classified as mentally retarded?
A
A
teachers, the school psychologist.
involved.
Yes.
Who makes that determination?
It's called an IEP. There's a group of
The principal is
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A
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THE COURT:
special education?
THE WITNESS:
Q That's what I'm trying to get at. It was
the school that made that determination?
A Yes. I mean, they have brought in the
Capital Area Intermediate Unit, also.
Q Does she attend the intermediate unit, or
does she attend another school?
She's in the public school.
What school is she in?
Mechanicsburg Middle School.
Is she in normal classes or
She gets pulled out for
language arts, math and reading. That's it.
THE COURT: So those are special classes,
those subjects?
THE WITNESS: Yes.
BY MR. FENSTERMACHER:
Q Otherwise, she's in normal classes, then,
other than those you mentioned?
A Yes. She gets help from a teacher's aide.
Q Now, you testified, also, that you talked
about police at the door and incidents. Those are now what,
eight nine years ago, ten years ago?
A It would be -- I left in '95. Yeah.
Q But it was while you were still living at
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home, obviously?
A
Q
Right.
Those children, you said, were subjected to
all of that and were upset by it.
19957
A
They were what age in
Four and five.
Did you ever consider that if they were that
upset by it that they should go see a counselor to try to
resolve that problem?
10 A No, because I don't think they're old enough
11 to understand other than being awakened in the middle of the
12 night all the time, and he'd come in and start throwing
13 things in the middle of the night. Tara suffered from night
14 terrors.
15 Q If she had night terrors, did you have a
16 doctor look at her to see what was causing it?
17 A Well, I guess the problem was -- through his
18 alcoholism and his gambling problem he had $50,000.00 in
19 gambling debt on credit cards, sent us into bankruptcy. He
20 ran $600.00 tabs at bars. We couldn't pay a $500.00 mortgage
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payment.
my name.
question --
Eventually the sheriff -- I didn't have a penny to
Q Not exactly responsive to my question. My
THE COURT: The responsive part was she
33
1 didn't have a penny to her name.
2 THE WITNESS: I was getting to why. So,
3 really, as far as going to a doctor, that was not an option.
4 BY MR. FENSTERMACHER:
5 Q So you didn't go to any kind of public
6 health officials or to the school at that point with the
7 problem, is that correct?
8 A As far as the school, we had monthly
9 meetings with a group at --
10 Q When they were four and five?
11 A In kindergarten, yes, big time. I was in
12 there all the time. I spent a lot of hours in that school.
13 Q Has the school psychologist done an
14 examination of -- correct me if I'm wrong -- I believe it's
15 Tara who likes to lock herself in the bathroom when Tom calls
16 your home?
17 A Yes. She won't get on the phone.
18 Q But I mean have you gone to the school
19 psychologist or any other teachers to --
20 A She has a father that she never bonded with.
21 She never knew him. It's like sending her with a stranger.
22 I don't see that that's unusual.
23 Q That's your determination, correct; that's
24 not a doctor's or the school's?
25 A No.
34
1 Q You have always gotten child support from
2 Tom, have you not?
3 A Yes.
4 Q But if I understand your position today is
5 despite him paying child support, despite him being the
6 father, he shouldn't be able to visit his children, is that
7 correct?
8 A I never ever prevented him from seeing his
9 children. I have never told him he couldn't go to sporting
10 events, school functions, never. I force them physically --
11 not only -- I went above and beyond.
12 Q Is it your testimony that you never stopped
13 them from seeing Tom?
14 A Never.
15 Q Is it also true that you never decided at
16 the last minute when Tom came to the home to pick up the
17 girls that there was something else they had to do and they
18 weren't going to go with Tom?
19 A Never.
20 Q You testified, also, about the children
21 going to a bar and playing games while Tom drank?
22 A
23 Q
24 A
25 Q
Right.
Did you see that occur?
No.
How old were the children at that point in
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time?
1
2 A I'd say five and six, six and seven.
3 Q Did they come and tell you that their father
4 was drunk at that point in time?
5 A No. I don't think they knew what drunk was.
6 Q Did they identify what bar they went to?
7 A Yes.
8 Q What was that?
A Earl's.
Q Subs?
A And Snapper's. That's all I can remember.
Q Earl's Subs is where Tom worked, correct?
A Right.
Q And Snapper's is where Tom worked, correct?
A Yes.
MR. FENSTERMACHER: That's all I have.
THE COURT:
MR. SPARE:
THE COURT:
Any redirect, Mr. Spare?
No.
Okay. Thank you, ma'am.
would like to see counsel in chambers for a few minutes, and
we'll determine whether we want to talk with the girls.
(A recess was taken.)
THE COURT: Of all of the things I do as a
judge, the toughest cases I have to deal with are these types
of custody cases, custody cases in general, because what I do
36
1 and what I decide affects innocent children. I've got to
2 make a determination based upon a few hours of testimony. I
3 don't tuck these children in at night. I don't know their
4 wants and their needs. So I do the very best I can under the
5 circumstances and under the law.
6 The law in this Commonwealth is that the
7 father has a right to see his children. There's not much
8 that mom can do to stop that. On the other hand, I've got to
9 be satisfied that -- let me back up. It's not the children's
10 call. In normal circumstances, when the children don't want
11 to go, all the Court can do is say, mom, you've got to make
12 them go. If you don't make them go, then I've got to put you
13 in jail. I'm prepared to do that. I've done that in other
14 cases. That happens.
15 On the other hand, I am not going to order
16 something that may do harm to the children. Now, I'm
17 satisfied that I can protect the children with my order. I
18 can protect their physical safety. I would impose conditions
19 that you not drink at least 24 hours before visitation and
20 that you not drink during visitation and that you not take
21 these children to places that serve alcohol. I can handle
22 that.
23 I've heard testimony today that gives me
24 concern about some psychological damage. I'm a father, too.
25 I've got two daughters myself, and I've been involved in
37
their life.
got to earn that fatherhood status.
and say, here I am. I'm your daddy.
I've got regrets on how I've handled it. You've
You can't just show up
I paid support. I want
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4 you to love me. You've got to earn that. There's been some
5 things you've done I'm sure you're not very proud of. I
6 think the only way to get back on track is through some
7 professional counseling.
8 On the other hand, from what I heard today,
9 mom may have some legitimate concerns about alcohol
10 involvement in your life. Today's Order is going to try to
11 address that. I scheduled this custody case very quickly
12 because, being a father myself, I understand where you're
13 coming from, Mr. Kepner, in not seeing your children. After
14 today's hearing, I understand where Mrs. Viehman is coming
15 from on wanting to set certain parameters on re-establishing
16 that contact. I'm hoping that once I enter this Order and
17 once the parties take the steps that I'm going to order today
18 we may not have the need for the hearing that I'm setting up
19 for the 19th of August.
20 Now, mom and dad may be able to put aside
21 their own differences and talk about what's best for their
22 children. Let me point that out. The thing that stands out
23 like a sore thumb today to this Court is the fact that you
24 two have virtually had no contact in the past seven years.
25 You share two lovely daughters together. How can you have no
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1 contact? You've got to talk to each other.
2 I would deal with the devil himself if it
3 was in the best interest of my child. If somebody said to
4 me -- and I like having a beer as much as the next guy -- if
5 somebody said to me that in order to see your children you've
6 got to give up alcohol -- I'm not going that far, but mom's
7 going that far -- I'd say, listen, I'm sorry for what I did
8 in the past. My kids mean more to me than a drink here and
there. I'm prepared to prove to you that I'll never touch
another drop until these children are 18 years old if I can
reestablish that relationship.
So I'm saying, the two of you work together.
You've got concerns. Talk to him about those concerns.
Don't make a stranger make that decision. Address her
concerns. The marriage is in the past. The children will be
there forever. So I'm asking you two to work together. If
we need the hearing on 19th, I'm going to have it, and I'll
make a new determination at that point. We'll enter the
following Order today:
(The following Order was entered by the
Court:)
"Ai~D NOW, this 10th day of June, 2002,
hearing in this matter is continued until August 19th, 2002,
at 1:00 p.m. Pending said hearing, the parties shall have
shared legal custody of their Children, with Mother having
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Mother's counsel.
hours of today."
primary physical custody. Periods of visitation shall be
within the discretion of Mother until further Order of Court.
Pending the next hearing, the parties are to take the
following steps:
"1. They shall share the costs of transcribing
today's proceedings, which shall be transcribed forthwith.
"2. Father shall obtain a drug and alcohol
evaluation and shall provide a copy of the evaluation to
Said evaluation to be arranged within 48
That doesn't mean that you've got to get
into the appointment. That means you've got to make it.
"A copy of the transcript of these
proceedings and this Order is to be given to the evaluator,
who shall make reference in his or her report to the fact
that he or she has reviewed the transcript and this court
order as part of the evaluation.
"3. Mother, Father and the Children shall
forthwith begin counseling with the firm of Dr. Stanley
Schneider [Guidance Associates] of Camp Hill, Pennsylvania.
The purpose of the counseling is to help Father reestablish a
relationship with his children. A copy of the transcript, as
well as a copy of the Court's Order, shall be provided to the
counselor. The parties shall share the costs of the
counseling.
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"4. The parties are further directed to make
arrangements for a custody evaluation at the earliest
practical date. Provided, however, that if Dr. Schneider's
office is willing to give this Court an opinion limited to
the question of whether restricted visitation will do harm to
the Children, we may be able to forego a custody evaluation.
In that event, we will address the issue of the need for a
custody evaluation at the August 19, 2002, hearing.
"The shared legal custody granted to Father
shall give him the authority to obtain all records of the
Children, including their school records, their medical
records, et cetera. We are also directing Mother to provide
Father with copies of the schedules for any organized sports
in which the girls participate.
"Mother shall also make the Children
available to receive telephone calls from Father each Monday
evening from 8:00 to 8:15 p.m. If Father does not call in
that time frame, the girls need not wait around any longer
for him to call."
THE COURT:
MR. SPARE:
Have I covered everything?
Yes, Your Honor.
MR. FENSTERMACHER: Yes.
THE COURT: I guess what I'm saying is based
upon what I've heard this morning this case is just too tough
for me to call at the current time. I need some professional
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help, and I would like to have that input. With what I've
ordered, it may put mom and dad on the road to making the
decision themselves. So good luck to both of you. If you
haven't worked it out, I'll see you on the 19th.
(Court was adjourned.)
42
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
Susan Rice Stoner
Official Stenographer
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
Date
Edward E. Guido, J.
43
THOMAS KEPNER
V.
MARY W. VIEHMAN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-1653 CIVIL TERM
ORDER OF COURT
AND NOW, this 8TM day of AUGUST, 2002, after a conference call with counsel
and by agreement of the parties the hearing scheduled for Monday, August 19, 2002, is
continued until FRIDAY~ OCTOBER 4~ 2002~ at 8:30 a.m. in Courtroom # 5.
dohn R. Fenstetmacher, Esquire
For the Plaintiff
,,/~hilip H. Spare, Esquire
For the Defendant
Edward E. Guido, J.
:sld
ViNV/('IkS'NN-'-2d
.... ,, ~ L dO
,k~:J:,._ -~, ---. ::.-
THOMAS KEPNER,
Plaintiff
MARY W. VIEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
02-1653 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 4th day of October, 2002, after
hearing in this matter, it is ordered and directed that the
parties shall have shared legal custody of their Children, with
Mother having primary physical custody. Periods of visitation
shall be within the discretion of Mother until further Order of
this Court. It is further ordered and directed as follows:
1. Mother, Father and the Children shall continue
counseling with the firm of Dr. Stanley Schneider [Guidance
Associates] of Camp Hill, Pennsylvania. The purpose of the
counseling is to help Father reestablish a relationship with his
Children. It shall be Father's responsibility to arrange for
the counseling sessions and to pay for those counseling
sessions. Mother's responsibility shall be to see that she and
the Children attend the counseling sessions.
2. Father is directed to obtain an updated drug and
alcohol evaluation, making reference to the fact that the
evaluator reviewed the transcript of the prior proceedings, was
made aware that Father overslept and missed today's hearing, and
reviewed both this Order and our Order of June 10, 2002.
3. Father is directed to write each child a letter
at least once per week. Mother is directed to see that the
Children respond to that letter. Mother may review the Father's
letter to make sure nothing upsetting to the Children is
contained therein.
4. If the parties are unable to establish a
visitation schedule by agreement, we will schedule a hearing in
this matter on the petition of either party. Father is advised
that it would greatly benefit his case to have expert testimony
to help us decide what impact the reinstitution of visitation
will have on the Children.
The shared legal custody granted to Father shall
give him the authority to obtain all records of the Children,
including their school records, their medical records, et
cetera. We are also directing Mother to provide Father with
copies of the schedules for any organized sports in which the
girls participate.
Mother shall also make the Children available to
receive telephone calls from Father each Monday evening from
9:30 to 9:45 p.m. If Father does not call in that time frame,
the girls need not wait around any longer for him to call.
By the Court,
E. Guido, J.
John R. Fenstermacher, Esquire
Attorney for Plaintiff
Philip H. Spare, Esquire
Attorney for Defendant
srs