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RONALD L. POFF,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLAVNIA
NO. 'U, r, 7. .2 71 Civ:J Tu.-,
KIM M. POFF,
DEFENDANT
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
You, Kim M. Poff, Defendant, have been sued in Court to obtain custody,
partial custody or visitation of the children: Dustin C. Poff and Sean T. Poff.
You are ordered to appear in person at the Cumberland County Court House,
One Courthouse Square, Carlisle, Pennsylvania, on the day of
199_, at
o'clock _.m.
You are further ordered to bring with you the children: Dustin C. Poff and Sean
T. Poff.
If you fail to appear as provided by this Order or to bring the children, an Order
for custody, partial custody or visitation may be entered against you or the Court may
Issue a warrant for your arrest.
BY THE COURT:
J.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Office of the Court Administrator
Cumberland County Courthouse, 4th Floor
Carlisle, PA 17013
(717) 240-6200
t
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSVLA VNIA
NO. Ql. .2.71 ~ 14-.,
RONALD L. POFF,
PLAINTIFF
KIM M. POFF,
DEFENDANT
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Ronald L. Poff, residing at 124 East Cumberland Road,
Enola, Cumberland County, Pennsylvania 17025.
2. The Defendant is Kim M. Poff, residing at 225 Eighth Street, New
Cumberland, Cumberland County, Pennsylvania 17070.
3. Plaintiff seeks primary custody of the following children:
NAME
PRESENT RESIDENCE
D.O.B.
Dustin C. Poff
225 Eighth Street 08/08/82
New Cumberland, Pennsylvania
Sean T. Poff
225 Eighth Street 06/21/89
New Cumberland, Pennsylvania
The child, Dustin C. Poff, was born out of wedlock. The child, Sean T. Poff,
was not born out of wedlock.
The children are presently In the custody of Kim M. Poff who resides at 225
Eighth Street, New Cumberland, Pennsylvania.
During the past five years, the children have resided with the following persons
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RONALD L. POFF,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 97-271 CIVIL TERM
KIM M. POFF,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER
AND NOW, this
" f day of ~,.,i
, 1997, upon recaipt
of tha Conciliator's Report, it appearing that the parties have agreed to the terms
and provisions of this Order which was dictated in their presence and approved by
them and their counsel, it is hereby ordered and directed as follows:
1. The parties ShBII share legal custody of the minor children,
Dustin C. Poff, d.o.b. August 10, 1982, and Sean T. Poff, d.o.b. June
21,1989.
2. Mother shall have primary physical custody of the minor
children subject to periods of partial custody and visitation with Father
as follows:
A. Every other weekend from Thursday after school
during the school year, or at 3:00 p.m. during the non-school
year, to Saturday at 7:00 p.m. This alternating weekend
schedule will begin April 3, 1997.
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B. Every Tuesday from after school or 3:00 p.m. until
8:30 p.m. during the school year, and 10:00 p.m. during the
non-school year.
C. On alternating Thursdays from after school or 3:00
p.m. until Friday at 9:00 p.m. during the school year, and
Friday at 7:00 p.m. during the non-school year, unless Mother
is going away at which time the children shall be returned by
4:00 p.m. This alternating ThursdBY schedule shall begin on
April 10, 1997.
3. ThB parties shall alternate the following major holidays:
Memorial Day, Fourth of July, labor Day, Thanksgiving, and New
Year's Day. This alternating schedule will begin with Mother having
Memorial Day in 1997. This alternating holiday schedule will begin at
7:00 p.m. the evening before the holiday until 8:30 p.m. on the day of
the holiday except for the Thanksgiving holiday which will occur from
Wednesday evening preceding Thanksgiving until Friday at 7:00 p.m.
4. Each parent will be entitled to three (3) weeks of vacation
over the summer months, two weeks of which may be consecutive.
The parties shall provide each other with B minimum of thirty (30)
days advance notice as to when they wish to exercise these periods of
partial custody.
5. Father shall have the children's birthdays in 1997 and all
odd-numbered years thereafter, whila Mother shall have the children's
birthdays in 1998 and all even-numbered years thereafter.
6. Father shall have the option of using three (3) personal days
from work to have additional time with the children. These additional
three days shall not be used such that they will preempt Mother's
weekend times or her holiday time. Father is to provide Mother with a
week's notice as to when he intends to exercise these periods of time.
The times for these personal days ShBII be from the evening before the
personal day at 7:00 p.m. until 8:30 p.m. on Father's actual personal
day.
7. Father shall have the children on his birthday each year and
Mother shall have the children for Easter each year. The times for
these periods of partial custody and visitation shall be from the
evening preceding at 7:00 p.m. until 8:30 p.m. on either Father's
birthday or Easter.
8. Mother shall have the children on Mother's Day and Father
shall hava the children on Father's Day.
9. Such other times as the pBrties may agree.
8Y THE COURT,
John J. Connelly, Jr., Esquirp .
Joan Carey, Esquire ~~
4/~t.i41 JI.I.Ir
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6, On or about Saturday, June 20, 1998, FATHER refused to return the parties' oldest son,
Dustin, stating that "he doesn't want to go home, so I'm not taking him."
7.
the child.
Despite MOTHER's repeated requests throughout the weekend, FATHER refused to return
8. On or about Monday, June 22, 1998, MOTHER was forced to enlist the services of the New
Cumberland Pollee Department In order to enforce the Custody Order, and secure the return of the minor
child.
9. MOTHER avers that FATHER has refused to return the minor child Dustin to her on at least
one other occasion within the past three (3) months.
10. On or about Sunday, June 21, 1998, MOTHER learned that FATHER has been providing the
minor child Dustin and several of Dustin's friends with alcohol and/or permitting them to consume alcohol
while the children are In his custody.
11. Immediately upon learning about the alcohol, MOTHER confronted Dustin, who confirmed
that FATHER had indeed been providing the children with alcohol and/or permitting them to drink for quite
some time, and had permitted parties at his home for the minor children where alcohol was readily available.
12. In fact, MOTHER avers that many of the minor children's friends are no longer permitted to
visit FATHER's home because of the alcohol parties.
13. MOTHER avers that the best Interest and welfare of the children demands modification to the
Custody Order to terminate all overnight visits at FATHER's.
14. MOTHER avers that exposing minor children to alcohol does not foster a healthy
environment in which the children can grow, nor does It promote responsible parenthood.
15. MOTHER avers aside from the fact that supplying minor children with alcohOl Is illegal, It Is
completely Inappropriate behavior for a parent.
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VERIRCATlON
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I, Kim M. Poff, do verify that the statements made In the foregoing Petition for Special Relief are true
and correct to the best of my knowledge, Information and belief. I understand that false statements made
herein arB subject to the penalties of 18 Pa.C.S. ~904 relating to unswom falsification to authorities.
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EXHIBIT "A"
"
B. Every Tuesday from after school or 3:00 p.m. until
8:30 p.m. during the school year, and 10:00 p.m. during the
non-school year.
C. On alternating Thursdays from after school or 3:00
p.m. until Friday at 9:00 p.m. during the school year, and
Friday at 7:00 p.m. during the non-school year, unless Mother
is going away at which time the children shall be returned by
4:00 p.m. This alternating Thursday schedule shall begin on
April 1 0, 1997.
3. The parties shall alternate the following major holidays:
Memorial Day, Fourth of July, labor Day, Thanksgiving, and New
Year's Day. This alternating schedule will begin with Mother having
Memorial Day in 1997. This alternating holiday schedule will begin at
7:00 p.m. the evening before the holiday until 8:30 p.m. on the day of
the holiday except for the Thanksgiving holiday which will occur from
Wednesday evening preceding Thanksgiving until Friday at 7:00 p,m.
4. Each parent will be entitled to thrae (3) weeks of vacation
over the summer months, two weeks of which may be consecutive.
The parties shall provide each other with a minimum of thirty (30)
"
days advance notice as to when they wish to exercise these periods of
partial custody.
6. Father shall have the children's birthdays in 1997 and all
odd-numbered years thereafter, while Mother shall have the children's
birthdays In 1998 and all even-numbered years thereafter.
6. Father shall have the option of using three (3) personal days
from work to have additional time with the children. These additional
three days shall not be Used such that they will preempt Mother's
weekend times or her holiday time. Father Is to provide Mother with a
week's notice as to when he Intends to exercise these periods of time.
The times for these personal days shall be from the evening before the
personal day at 7:00 p.m. until 8:30 p.m. on Father's actual personal
day.
7. Father shall have the children on his birthday each year and
Mother shall have the children for Easter each year. The times for
these periods of partial custody and visitation shall be from the
evening preceding at 7:00 p.m. until 8:30 p.m. on either Father's
birthday or Easter.
RONALD L. POFF, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
vs, )
) NO. 97-271 CIVIL TERM
KIM M. POFF, )
Defendant ) CUSTODYNISIT A TION
ORDER OF COURT
ANDNOWthis J.5"ft. day of ~ ,1998, bec8useofa
scheduling conflict, the custody conference originally set in this case has been rescheduled. The
conference will now be held at 3:00 P.M. on Thursday, August 27,1998. As before, the
conference will be held at my office at 302 South 18th Street, Camp Hill, Pennsylvania.
FOR THE COURT,
MICHAEL L. BANGS
Custody Conciliator
cc: John J. Coanelly, Jr., Esquire
Kcirsten L. Walsh, Esquire
6. On or about Saturday, June 20, 1998, FATHER refused to return the parties' oldest son,
Dustin, stating that 'he doesn't want to go home, so I'm not taking him.'
7.
the child.
Despite MOTHER's repeated requests throughout the weekend, FATHER refused to return
8. On or about Monday, June 22, 1998, MOTHER was forced to enlist the services of the New
Cumberland Police Department In order to enforce tha Custody Order, and secure the return of the minor
child.
9. MOTHER avers that FATHER has refused to return the minor child Dustin to her on at least
one other occasion within the past three (3) months.
10. On or about Sunday, June 21,1998, MOTHER leamed that FATHER has been providing the
minor child Dustin and saveral of Dustin's friends with alcohol and/or permitting them to consume alcohol
while the children are In his custody.
11. Immediately upon leaming about the alcohol, MOTHER confronted Dustin, who confirmed
that FATHER had Indeed been providing the children with alcohol and/or permitting them to drink for quite
some time, and had permitted parties at his home for the minor children where alcohol was readily available.
12. In fact, MOTHER avers that many of tha minor children's friends are no longer permitted to
visit FATHER's home because of the alcohol parties.
13. MOTHER avers that the best Interest and welfare of the children demands modification to the
Custody Order to terminate all ovemlght visits at FATHER's.
14. MOTHER avers that exposing minor children to alcohol does not foster a healthy
environment In which the children can grow, nor doas It promote responsible parenthood.
15. MOTHER avers aside from the fact that supplying minor children with alcohol Is Illegal, It Is
complately Inappropriate behavior for a parent.
16. The minor child Dustin wllltum 161n August of 1998 and will be able to drive. MOTHER has
serious concems about his safety In 119ht of the environment to which FATHER has exposed him and
fosters.
WHEREFORE, MOTHER respaclfully requests this Honorable Court modify the April 16, 1997
Custody Order to terminate all overnight visits with FATHER, and order FATHER to attend counseling
sessions regarding alcohol abuse.
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:~'~~
Kelrsten l. Walsh
:112136
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RONALD L. POFF, ) IN TIlE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
) PENNSYL VANIA
vs. )
) CIVIL ACTION - LA W
KIM M. POFF, )
Defendant ) NO. 97-271 CIVIL TERM
ORDER
AND NOW, this
I? . day of .4yre-W-
, 1998, upon receipt of the
Coneiliator's Report, it appearing that the parties have agreed to the terms and provisions of this
temporary Order whieh was dictated in their presence and approved by them and their counsel, it
is hereby ordered and directed as follows:
I. The minor child. Dustin, shall visit with his Mother at a minimum one
time per week. The parties shall cooperate in scheduling this day.
2. The parties acknowledge that Dustin and his Mother are having some
difficulties in communication. The parties will cooperate with Mother in
choosing an appropriate psychologist or other person to intervene so as to help
Mother and Dustin with their communication problem. Dustin is required to
attend any and all sessions set up by Mother to assist in this communication
resolution.
3. The parties shall reeonvene lor another custody eonciliation conference
before Michael L. Bangs, Esquire. on Thursday, November 19, 1998, at 9:00 a.m.
BY THE COURT.
John J. Connelly, Jr., Esquire
Keirsten L. Walsh. Esquire
'/1/i
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RONALD L. POFF, ) IN THE COURT OF COMMON PLEAS
Plaintifi' ) OF CUMBERLAND COUNTY,
) PENNSYL VANIA
vs. )
) CIVIL ACTION - LA W
KIM M. POFF, )
Defendunt ) NO. 97-271 CIVIL TERM
JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent informution conceming the child(ren) who is(are) the subject of this
litigation is as follows:
NAME
B1RTHDATE
CURRENTLY IN
CUSTODY OF
Dustin C. Poff
Sean T. Poff
August 10. 1982
June 21,1989
Plaintiff
Defendant
2. A Conciliation Conference was held on August 27, 1998. and the following
individuals were present: the Plaintiff and his attomey, John J. Connelly. Jr., Esquire; the
Defendant appeared with her attorney. Keirsten L. Walsh. Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The PlaintilTs position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
RONALD L. POFF, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
vs. )
) NO. 97-271 CIVIL TERM
KIM M. POFF, )
Defendant ) CIVIL ACTION - LAW
ORDER
AND NOW, this
I "" day of
'2)- . ~
, 1998, upon receipt of the
Conciliator's Report. it appearing that the parties have agreed to the terms and provisions of this
Order which was dictated in their presenee and approved by them and their counsel. it is hereby
ordered and directed as follows:
I. The previous custody Orders entered in this case are MODIFIED in
aecordance with the following:
A. The custodial schedule for Dustin is as follows:
i. Mother shall have periods of partial custody and
visitation with Dustin on Mondays and Wednesdays after school
until 9:00 p.m., and every other Saturday from 12:00 noon until
9:00 p.m.
ii. Father shall have custody of Dustin at all other times.
iii. Mother will ensure that Dustin gets to his
extracurricular activities.
RONALD L. POFF, ) IN TIlE COURT OF COMMON PLEAS
Pluinti ff ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
vs. )
) NO. 97-27] CIVIL TERM
KIM M. POFF, )
Delcndant ) CIVIL ACTION - LAW
JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Coneiliator submits the following report:
I. The pertinent information concerning the child(ren) who is(are) the subject of this
litigation is as follows:
NAME
B1RTHDATE
CURRENTLY IN
CliSTODY OF
Dustin C. Poff
Sean T. Poff
August 10, 1982
June 21, 1989
Plaintiff
Defendant
2. A Conciliation Conference was held on November] 9, 1998, and the following
individuals were present: the Plaintiff and his attorney, John J. Connelly, Jr., Esquire; the
Defendant appeared with her attorney, Keirsten L. Davidson, Esquire
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintin's position on custody is as follows: See attaehed Order.
6. The Defendant's position on custody is as follows: See attaehed Order.
RONALD L, POFF.
Plaintiff/Petitioner
: IN THE COURT OF COMMOi"l PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 97 - 271 CIVIL TERM
KIM M, POFF,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION TO MODIFY CUSTODY
AND COMES NOW, Petitioner, Ronald L. Poff, by and through his attorneys, James,
Smith, Durkin & Connelly, LLP by John J. Connelly, Jr., Esquire, and files the following Petition
to Modify Custody and in support thereof, respectfully represents as follows:
]. The Petitioner is Ronald L. PofT, who currently resides at 225 Eighth Street, New
Cumberland, Cumberland County, Pennsylvania] 7070.
2. The Respondent is Kim M. Poff, who currently resides at 316 Geary Avenue, New
Cumberland, Cumberland County, Pennsylvania 17070.
3. The parties are the parents of the minor child, Sean T. Poff, date of birth June 21,
1989.
4. Several Orders have been entered in this matter with the most relevant being the
Order entered on April 16, 1997, a copy of which is attached hereto and marked Exhibit "A". Since
the date of the entry of the Order, the work schedule of your Petitioner has changed to a Monday
through Friday schedule and, in i1ddition, he has received an additional week of vacation.
5. Given the activities the Petitioner is involved in with the child, including coaching
his football and baseball teams, it is in the best interest of the minor child that he spend additional
B, Every Tuesday frorn after school or 3:00 p.m, until
8:30 p,rn. during the school year, and 10:00 p,m, during the
non-school year.
C. On alternating Thursdays from after school or 3:00
p.m. until Friday at 9:00 p.m. during the school year, and
Friday at 7:00 p.m. during the non-school year, unless Mother
is going away at which time the children shall be returned by
4:00 p.m. This alternating Thursday schedule shall begin on
April 10, 1997.
3, The parties shall alternate the following major holidays:
Memorial Day, Fourth of July, Labor Day, Thanksgiving, and New
Year's Day. This alternating schedule will begin with Mother having
Memorial Day in 1997. This alternating holiday schedule will begin at
7:00 p.m. the evening before the holiday until 8:30 p.m. on the day of
the holiday except for the Thanksgiving holiday which will occur from
Wednesday evening preceding Thanksgiving until Friday at 7:00 p.m.
4. Each parent will be entitled to three (3) weeks of vacation
over the summer months, two weeks of which may be consecutive.
The parties shall provide each other with a minimum of thirty (30)
days advance notice as to when they wish to exercise these periods of
partial custody,
5. Father shall have the children's birthdays in 1997 and all
odd-numbered years thereafter, while Mother shall have the children's
birthdays in 1998 and all even-numbe.red years thereafter.
6. Father shall have the option of using three (3) personal days
from work to have additional time with the children. These additional
three days shall not be used such that they will preempt Mother's
weekend times or her holiday time. Father is to provide Mother with a
week's notice as to when he intends to exercise these periods of time,
The times for these personal days shall be from the evening before the
personal day at 7:00 p.m. until 8:30 p.m. on Father's actual personal
day.
7. Father shall have the children on his birthday each year and
Mother shall have the children for Easter each year. The times for
these periods of partial custody and visitation shall be from the
evening preceding at 7:00 p.m. until 8:30 p.m. on either Father's
birthday or Easter.
r:
8. Mother shall have the children on Mother's Day and Father
shall have the children on Father's Day.
9. Such other tirnes as the parties may agree.
BY THE COURT,
I~~d. l/u4
EVIN A. HESS, J.
John J. Connelly, Jr" Esquire
Joan Carey, Esquire
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TRUE C'JPY FROM RECORD
In T(,;tjrn~ny ....;, ",.f. I h:.re v.1tt. ;(,1 my hand
and the sGal of SJid (o~,t at Carlisle, Pa.
~Js ..I~;~~" day oLaM..., 19'/.2.
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RONALD L. POFF,
Plaintiff
: IN THE CXJURT OF cctolMCN PLEAS OF
: CUMBERLAND COUN'l'Y, PENNSYLVANIA
.
.
vs.
: NO. 97-271
CIVIL TERM
.
.
KIM M. POFF,
Defendant
: CIVIL ACTIOO - LAW
: IN CUSTODY
aIDER OF <XXlRT
AND to, this Z,. day of ~~ , 2001, upon
consideration of the attached CUstody Conciliation Report, it is ordered
and directed as follows:
1. 'Itle prior Order of this Court dated April 16, 1997, as it applies
to the parties' minor son, Sean T. Poff, born June 21, 1989, shall continue
in effect as modified by this Order.
2. The Father shall have partial physical custody of Sean according
to the following schedule:
A. During the school year, the Father shall have custody of the
Child on alternating weekends fran Friday at 3:30 p.m. through
Sunday at 7:00 p.m. In addition, the Father shall have
custody every Tuesday and Thursday fran 3:30 p.m. through the
beginning of school on the following morning.
8. During the sunmer school break, the Father shall have custody
of the Child on alternating weekends fran Friday at 3:30 p.m.
through Sunday at 7:00 p.m. In addition, the Father shall
have custody of the r.hild every Tuesday and Thursday fran 3:30
p.m. through 10:00 p.m., if the Father is working the
following day. If the Father is off work on tho! following
Wednesday or Friday, upon providing at least 48 hours notice
to the Mother, the Father may retain custody of the Child
until 12:00 noon on the Wednesday or Friday when the Father is
not working. When the Father is not working on a Friday
illlllediately preceding his regular alternating weekend period
of custody, the Father's period of custody shall run fran
Thursday at 3:30 p.m. through Sunday at 7:00 p.m. The parties
shall cooperate in making adjustments to the Friday overnight
schedule during the Mother's weekend periods of custody when
the Mother is working and the Child wishes to spend the
overnight period at the Father's residence.
3. During each calendar year, the Father shall be entitled to 4 weeks
of vacation custody with the Child, and the Mother shall be entitled to 3
weeks of vacation custody. Each party may schedule two weeks of vacation
custody consecutively during the sunmer school break, otherwise periods of
custody under. this provision shall be nonconsecutive. 'Itle parties shall
RONALD L. POFF, . IN THE cx:xJRT OF ~ PLEAS OF
.
plaintiff . CUMBERLAND CXXJNTY, PENNSYLVANIA
.
.
.
VS. . NO. 97-271 CIVIL TERM
.
.
.
KIM M. POFF, . CIVIL ACTION - LAW
.
Defendant : IN CUSTODY
PRIat JUDGB: Kevin A. Hess
aJS'lOOY CXH:ILIATION SlMIARY REPatT
IN ACXDUlANCE wrm cnmERLAND CXXM'Y RULE 01." CIVIL PIl(JI "'" am
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE 01." BIRTH
CURRENTLY IN aJS'lOOY 01."
Sean T. Poff
June 21, 1989
Mother
2. A Conciliation Conference was held on May 17, 2001, with the
following individuals in attendance: 'l11e Father, Ronald L. Poff, with his
counsel, John J. Connelly, Jr., Esquire and the Mother, Kim M. Poff, with
her counsel, Keirsten W. Davidson, Esquire.
3. The parties agreed
to entry of an Order in the fotm as attached.
{;..~r~
Dawn S. Sunday, Esqu re
Custody Conciliator
/11'(J d ( ,"J.Ofl/
Date