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Home My WebLink About08-3007IN RE: BENJAMIN BALABAN, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY- COURT DIVISION .0 8_ 3 0-D I CLIJ J PETITION OF KIMBERLEY ROGERS FOR EMANCIPATION OF BENJAMIN BALABAN, A MINOR 1. Petitioner, Kimberley Rogers, is an adult individual who currently resides at 8434 Butternut Road, Ft. Myers, Florida, 33967. 2. Respondent, Stephen Balaban, is an adult individual who currently resides at 201 Deanhurst Avenue, Camp Hill, Pennsylvania, 17011. 3. The parties are the parents and natural guardians of Benjamin Balaban, a minor (D.O.B. 11-15-90). 4. Petitioner and Respondent were married on November 26, 1990, and divorced on October 29, 1997. Since November 27, 1997, Respondent has been exercising primary physical custody of Benjamin Balaban. 5. Recently, there have been a series of ongoing disputes, including at least one physical altercation between Benjamin Balaban and Respondent. Due to the altercation, Benjamin Balaban left Respondent's residence to stay with relatives and later friends. 6. Respondent contacted the police department who required Benjamin Balaban to move back home. 7. Benjamin Balaban is a senior at Camp Hill High School and desires to stay in the area in order to graduate. As such, it is not practical for Petitioner to modify the existing Custody Order so as to obtain primary physical custody. 8. Benjamin Balaban is capable of self support as he is gainfully employeed. He has the resources to live with family members until he turns 18. WHEREFORE, Petitioner, Kimberley Rogers, respectfully requests that This Honorable Court issue an order granting the emancipation of Benjamin Balaban. Date: ?- / (J- 4 --c Respectfully submitted, NEALON, GOVM $E PERRY By: James G. Nealon, III, Esquire Atty. I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 '2 ^O`1 25aVV KimberleyjRogers 239-243-0922 P.1 VERIFICATION I, KIMBERLEY ROGERS, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. DATE: ?S ?- d q l /Cd 5 KIMBERLEY OCERS TF-;TAL ^-.05 o c TI uY, - s tV ? {ice GY'1 --C 1qAY 1 W;'00' D IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY- IN RE: BENJAMIN BALABAN, a minor : 0=00d* COURT DIVISION e 0 b'• ? (t a '7 C:tu i c. ORDER AND NOW, this day of May, 2008, upon consideration of the foregoing Petition of Kimberly Rogers for Emancipation of Benjamin Balaban, a Minor, it is hereby ORDERED that a hearing in this matter be scheduled for IAIO? 2008 at /40. W a.m./p.m. ?--- _ C THE COURT: J Karen M. Balaban, Esquire Karen M. Balaban LLC 115 Pine Street, Suite 200 P.O. Box 821 Harrisburg, PA 17108 Phone 717.232.3708 e-mail: KMBalaban0,BalabanLLC.com In the Court of Common Pleas In Re: Benjamin Balaban, a minor of Cumberland County No. 08-3007 EntKy of Appearance Please enter my appearance in this matter on behalf of Stephen Balaban, the custodial parent. Respectfully submitted, Karen M. Balaban LLC Date: June 9, 2008 by: /t+.?., /K Karen M. Balaban Attorney ID No. 28160 L$l Karen M. Balaban, Esquire Karen M. Balaban LLC 115 Pine Street, Suite 200 P.O. Box 821 Harrisburg, PA 17108 Phone 717.232.3708 e-mail: KMBalabanABalabanLLC.com In the Court of Common Pleas In Re: Benjamin Balaban, a minor of Cumberland County No. 08-3007 Request for Continuance Stephen Balaban, the custodial parent, by his attorney, Karen M. Balaban, requests that the hearing scheduled for Wednesday, June 11u' be continued. 1. The underlying Petition for Emancipation was filed on May 19, 2008 and was promptly served upon Respondent's counsel by Petitioner's counsel. 2. The court issued an order dated May 21, 2008 scheduling a hearing for Wednesday, June 11, 2008 at 10:45 a.m. However, the scheduling order was not received by Respondent's counsel until Monday, June 9, 2008. Petitioner's counsel's did not forward a copy of the scheduling order to Respondent's counsel until last week, by letter dated June 3, 2008 and postmarked June 5, 2008. Mr. Balaban was not aware of the court order until his counsel spoke with him late morning on Monday, June 9h. 3. On Wednesday, June I Vh Mr. Balaban has a dental appointment at 11:45 a.m. and Benjamin Balaban has a doctor's appointment at 2:10 p.m. that afternoon. A parent is required to accompany him. To re-schedule Mr. Balaban's dental appointment would create a delay of up to 6 months. Benjamin is leaving for Florida on June 13`h and the appointment cannot be re- scheduled. ,n Respondent respectfully requests that this honorable court grant a continuance in this matter. Respectfully submitted, Karen M. Balaban LLC Date: June 9, 2008 by: we Karen M. Balaban Attorney ID No. 28160 na Q ?F T, fJ cn Karen M. Balaban, Esquire Karen M. Balaban LLC 115 Pine Street, Suite 200 P.O. Box 821 Harrisburg, PA 17108 Phone 717.232.3708 e-mail: KMBalabanABalabanLLC.com In the Court of Common Pleas In Re: Benjamin Balaban, a minor of Cumberland County No. 08-3007 Certificate of Service This 9t' day of June, 2008, I personally served a copy of the Entry of Appearance and .a Request for Continuance upon James G. Nealon, III, Counsel for Petitioner, by fax at 717.236.9119 and by first class mail to 2411 N. Front Street, Harrisburg, PA 17110. Respectfully submitted, Karen M. Balaban LLC Date: June 9, 2008 by: .owe Karen M. Balaban Attorney ID No. 28160 f=- -1 Ln JUN-10-2008(TUE) 13:19 KAREN M.BRLRBRN LLC (FAX)717 232 2748 P.002/002 In Re_ Benjamin Balaban, a minor in the Court of Common .'leas : of Cumberland County No. 08-3007 ORDER AND NOW, this &_40y of June, 2008, upon consideration of the Respondent's Request for Continuance, the hearing on the Petition of Kimberly Rogers for Emancipation of Benjamin Balaban, a Minor, is continued unti l at in Courtroom 3 of the Cumbed 2008 -OWEs M31- . -J o usc, Carlisle, FA 17013 Edward Judge J. ?rrt 3 .,?0 _ $ol11/47 Rd f i Pffil' AdblOrVt?rJ.1Q?' g?Ol 306 1- ski ?t7 Karen M. Balaban, Esquire Karen M. Balaban LLC 115 Pine Street, Suite 200 P.O. Box 821 Harrisburg, PA 17108 Phone 717.232.3708 e-mail: KMBalabanaa,BalabanLLC.com In the Court of Common Pleas In Re: Benjamin Balaban, a minor of Cumberland County No. 08-3007 Entry of Appearance Please enter my appearance in this matter on behalf of Stephen Balaban, the custodial parent. Respectfully submitted, Karen M. Balaban LLC Date: June 9, 2008 by: /?..?.... At Karen M. Balaban Attorney ID No. 28160 na ?_ V ? G. C) Lc "` Karen M. Balaban, Esquire Karen M. Balaban LLC 115 Pine Street, Suite 200 P.O. Box 821 Harrisburg, PA 17108 Phone 717.232.3708 e-mail: KMBalaban(a BalabanLLC.com In Re: Benjamin Balaban, a minor In the Court of Common Pleas of Cumberland County No. 08-3007 Reguest for Continuance Stephen Balaban, the custodial parent, by his attorney, Karen M. Balaban, requests that the hearing scheduled for Wednesday, June 11th be continued. 1. The underlying Petition for Emancipation was filed on May 19, 2008 and was promptly served upon Respondent's counsel by Petitioner's counsel. 2. The court issued an order dated May 21, 2008 scheduling a hearing for Wednesday, June 11, 2008 at 10:45 a.m. However, the scheduling order was not received by Respondent's counsel until Monday, June 9, 2008. Petitioner's counsel's did not forward a copy of the scheduling order to Respondent's counsel until last week, by letter dated June 3, 2008 and postmarked June 5, 2008. Mr. Balaban was not aware of the court order until his counsel spoke with him late morning on Monday, June 9h. 3. On Wednesday, June 11th Mr. Balaban has a dental appointment at 11:45 a.m. and Benjamin Balaban has a doctor's appointment at 2:10 p.m. that afternoon. A parent is required to accompany him. To re-schedule Mr. Balaban's dental appointment would create a delay of up to 6 months. Benjamin is leaving for Florida on June 13th and the appointment cannot be re- scheduled. i Respondent respectfully requests that this honorable court grant a continuance in this matter. Respectfully submitted, Karen M. Balaban LLC Date: June 9, 2008 bv: `?.r..... v Karen M. Balaban Attorney ID No. 28160 M c Z x 5-n ?rn rn T /411? Karen M. Balaban, Esquire Karen M. Balaban LLC 115 Pine Street, Suite 200 P.O. Box 821 Harrisburg, PA 17108 Phone 717.232.3708 e-mail: KMBalaban(@BalabanLLC.com In the Court of Common Pleas In Re: Benjamin Balaban, a minor of Cumberland County No. 08-3007 Certificate of Service This 9t' day of June, 2008, I personally served a copy of the Entry of Appearance and a Request for Continuance upon James G. Nealon, III, Counsel for Petitioner, by fax at 717.236.9119 and by first class mail to 2411 N. Front Street, Harrisburg, PA 17110. Respectfully submitted, Karen M. Balaban LLC Date: June 9, 2008 by: /&''"''" /00 Karen M. Balaban Attorney ID No. 28160 C"J N ? , C JUN-10-2008(TUE) 13:19 KAREN M.BRLRBAN LLC (FAX)717 232 2748 LAW OFFICE OF KAREN M. BALASAN LLC 11=000 223 Slate Street suite 200 Harrisburg. PA 17101 DIRECT DIAL 717232.3708 FACSIMILE 717.232.2748 KMBalabartc?l6a(?b?l? P. 0011002 Mallina_6d9ro4s P.O. Box 8'21 Harrisburg, PA 17108.0821 To: Sandy From: Karen M. Balaban F= 240.6462 Pages: Cover + 1 Phone: 240.6195 Date: 611012008 Re: CC: XX Urgent Cl For Review 0 Please Comment ? Please Reply i? Please Recycle Sandy, The proposed order is attached. We have not canceled any of the medical appointments yet. Zaww PRIVILEGED AND CONFIDENTIAL The Information following this cover shoot and contained In this facsimile transmission Is confidential and covered by the attome"lie"t privilege. It Is Intended for the sole use of the person(s) to whom It Is addressed. If the reader of this message Is not the named addrossoo or an employee or-agent responsible for delivering this massage to the Intended reclplent(s), planso do =•road the accompanying Information. Note that the dissemination, distribution or copying of this communication by anyone other than the addressee Is strictly prohibited. Anyone receiving this message In error should notify us Immediately by talophone and return the original of the transmisslon to us at the above addross by U.3. Mall. Thank you for your cooperation. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY- IN RE: BENJAMIN BALABAN, a minor : ORPHANS COURT DIVISION : No. 08-3007 PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action discontinued. Date:_ 11 1087 Respectfully submitted, NEALON, GOVER & PERRY By: James . Nealon,' III,, Esquire Atty. I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 ." ow CERTIFICATE OF SERVICE On this 1st day of August, 2008, 1 certify that a copy of the forgoing Praecipe was served upon the following by placing the same in the United States mail, first-class, addressed as follows: Karen M. Balaban, Esquire 115 Pine Street Suite 200 PO Box 821 Harrisburg, PA 17108 James G. Nealon, III, Esquire ("'^, r-?? ?. ?' ?:= ?;1 e„a:r ?3 ? - „i""; C'w? ? ??