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HomeMy WebLinkAbout10-2816t F11 E"-C' OF Tr;._ ,b oy ID 1 2010 APR 27 PH 2: c$ IF/79. oa pA- a4l a-4 / 38'7 Jeffrey R. Pratz, Esquire Supreme Court I.D. #208934 CU .i-q 14 31 The Law Offices of Pratz & Wallace 1 r4 `i?' 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 760-2312 Attorney for Plaintiff Fax: (717) 760-2313 Email: Jeffrey@pratzwallace.com Thomas Johns IN THE COURT OF COMMON PLEAS OF And CUMBERLAND COUNTY, PENNSYLVANIA Blanche Johns Plaintiffs CIVIL ACTION - LAW Docket No. b - ?- ?-l ? Cvi I V. Jeffrey Qualls, Tracy Evans Qualls, Brenda Kunkleman, Gregg Alleman, Brent Alleman and Ralph Alleman Defendants ACTION FOR CUSTODY COMPLAINT FOR CUSTODY NOW COMES Thomas and Blanche Johns, Plaintiffs, by and through their attorneys, Jeffrey Robert Pratz, Esquire, and The Law Offices of Pratz & Wallace, LLC, files this Complaint for Custody and avers the following: 1. Plaintiffs are Thomas and Blanche Johns, residing at 330 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Jeffrey Qualls, resides at 110 Valley View Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant, Tracy Evans Qualls, resides at 948 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Page 1 of 6 4. 5 6. 7. 8. 9. 10. 11. 12. 13. 14. Defendant, Brenda Kunkleman, resides at 350 Strohm Road, Shippensburg, Cumberland County, Pennsylvania 17257. Defendant, Gregg Alleman, resides at 305 West Creek Road, Newburg, Cumberland County, Pennsylvania 17240. Defendant, Brent Alleman, resides at 324 East Fort Street, Cumberland County, Pennsylvania 17257. Defendant, Ralph Alleman, resides at 324 East Fort Street, Cumberland County, Pennsylvania 17257. Plaintiffs seek legal and joint physical custody of the following child, Amanda Darcell Johns, residing with Plaintiffs at 330 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, born May 21, 1998, 11 years old. The child was not born out of wedlock. The child is presently in the custody of Plaintiffs who reside at 330 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. During the past five years, the child has resided with the following persons and at the following addresses: Kim Darcell Alleman 60 Hoover Road Carlisle, PA 17013 Cumberland County Birth- June 2007 Thomas & Blanche Johns 330 Charles Road June 2007- Mechanicsburg, PA 17050 present Cumberland County The mother of the child is Kim Darcell Alleman, who passed away in 2007. The father of the child is Thomas T. Johns, who passed away on January 24, 2010. Relationship of the Plaintiffs to the child is that of paternal grandparents. Page 2 of 6 23. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 24. The best interest and permanent welfare of the child will be served by granting relief requested because: a. Plaintiffs are blood relatives to the child. b. The minor child is currently in the custody of the Plaintiffs. c. Plaintiffs can provide a stable consistent environment for the child. d. Plaintiffs can provide ongoing love and emotional support to the child to overcome the mental and emotional challenges the child will face as an adolescent/teenager who has lost both parents at a young age. e. Plaintiffs have provided a stable home environment and emotional support since the death of the child's mother in June, 2007. f. After the death of the child's father, they have continued to provide this home environment for the child which is crucial to moving forward. 25. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All of persons, named above, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiffs/grandparents, Thomas and Blanche Johns, requests the Court to grant them joint legal and joint physical custody of the minor child. Page 4 of 6 Respectfully submitted, THE LAW OFFICES OF PRATZ & WALLACE By: Je rey Robert P Supreme Court I.D. No. 208934 24 North 32"d Street Camp Hill, Pennsylvania 17011- 2900 (717) 761-2312 Dated: Az??44.'. Page 5 of 6 VERIFICATION We, Thomas and Blanche Johns, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Dated: qJ1O-VAIO rG Thomas J. J ohns Blanche Johns Dated: l ?4 dd f0 Page 6 of 6 LAST WILL AND TESTAMENT OF THOMAS T. JOHNS I, THOMAS T. JOHNS, now of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking and making null and void all prior Wills and Codicils made by me at any time heretofore. ITEM I. I direct that all my legally valid debts, funeral and administrative expenses, and debts incurred or payable because of my death, shall be paid by my Executor, hereinafter named, from my residuary estate as soon after my death as practicable. All death taxes, including federal, state, and other death taxes, with respect to the property forming my gross estate for tax purposes, whether or not passing under. this Will, including any interest or penalty imposed thereon, shall be considered an expense of administration of my estate, without apportionment or right of reimbursement. Taxes on future interests may be prepaid. ITEM II. I give and bequeath certain items of tangible personal property that are solely owned by me at the time of my death and that are identified in any separate writing directing distribution thereof after my death which is dated and is signed by me at the end thereof, to those persons designated in such separate writing who survivc me. If any item of tangible personal property is identified in more than one separate writing, I 1 direct that, unless stated to the contrary, the separate writing bearing the last date shall govern the disposition of such item. ITEM III. I bequeath the household and personal effects, jewelry, automobiles, and other tangible personalty of like nature that are solely owned by me at the time of my death, not otherwise disposed of above, subject, however, to the further custodian provisions contained herein if applicable, to all my children equally if they survive me by thirty (30) days; Provided, however, that if such a child of mine does not so survive me, but leaves descendants who so survive me, such descendants shall receive, per stirpes, the share such child of mine would have received had they so survived me. My children are: NICHOLE and AMANDA JOHNS. Such property shall be divided by my said beneficiaries as they shall agree. As to those items upon which they shall not agree, distribution shall be determined by my Executor. ITEM IV. I give, devise and bequeath all of the residue of my estate, whether real, personal, or mixed, and wherever situate, including any property subject to any power of appointment which I may now have or hereafter acquire, subject, however, to the further custodian provisions contained herein if applicable, to all my children equally if they survive me by thirty (30) days; Provided, however, that if such a child of mine does riot so survive me, but leaves descendants who so survive me, such descendants shall receive, per stirpes, the share such child of mine would have received had they so survived me. My children are: NICHOLE and AMANDA JOHNS. If my children or 2 their descendents should fail to survive me, then this share shall pass equally to my parents, THOMAS J. JOHNS and BLANCHE F. JOHNS. ITEM V. I hereby appoint, JEFFREY and TRACY EVANS QUALLS, acting together or separately, as the Custodian for any assets passing to any child who has not attained the age of twenty-one (21). In the event of the refusal or inability of such named persons to so serve, I then grant to the person last so nominated and capable of serving the right and power, exercisable in his or her exclusive discretion, to nominate and appoint, whether in advance while competent, or at the time of a renunciation or resignation, a person or persons to serve as such Custodian, which nomination shall be honored as if I had made such an appointment in this Will. Such Custodian shall serve pursuant to the provisions of the Uniform Transfers to Minors Act as in effect from time to time in the state where such beneficiary resides. ITEM VI. The interest of beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. ITEM VII. I hereby appoint JEFFREY and TRACY EVANS QUALLS, acting together or separately, to serve as co-executors (the "Executor"), of this, any Last Will and Testament. In the event of the refusal or inability of such named persons to so serve, I then grant to the person last so nominated and capable of serving the right and power, exercisable in his or her exclusive discretion, to nominate and appoint, whether in advance while competent, or at the time of a renunciation or resignation, a person or 3 persons to serve as such Executor, which nomination shall be honored as if I had made such an appointment in this Will. ITEM VIII. I direct that my Executor and Custodian shall not be required to give bond or post any other security for the faithful perf?irmar?ce of duties in any jurisdiction. ITEM IX. My Executor and Custodian shall have the following powers in addition to those invested in them by law and by other provisions of my Will applicable to all property, whether principal of income, exercisable without Court approval, and effective until distribution of all property: A. To retain any investments I may have at my death so long as my Executor or Custodian may deem it advisable to my Estate or so to do. B. To vary investments, when deemed desirable by my Executor or Custodian, and to invest in such bonds, common trust funds controlled by my Executor or Custodian, stocks, notes, real estate mortgages, or other securities or in such other property, real or personal, as my Executor or Custodian deem wise, without being restricted to so- called legal investments. 4 C. In order to effect a division of the principal of my Estate or for any other purpose, including any final distribution, my Executor or Custodian is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided or distributed at their respective values on the date or dates of their division or distribution. D. To sell either at public or private sale and upon such terns and conditions as my Executor or Custodian may deem advantageous to my Estate, any or all real or personal estate or interests therein owned by my Estate severally or in conjunction with other persons or acquired after my death by my Executor or Custodian, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge, and deliver any and all deeds, assignments, options, or other writings which may be necessary or desirable, in carrying out any of the powers conferred upon my Executor or Custodian in this paragraph or elsewhere in my Will. 5 E. To mortgage real estate, and to make leases of real estate for any period of time as is deemed reasonable by them. F. To borrow money from any party to pay inbt®dness of mine, or of my Estate, expenses of administration, or inheritance, legacy, estate or other taxes. G. To pay all costs, taxes, expenses, and charges in connection with the administration of my Estate. My Executor shall pay expenses of my last illness and funeral expenses. H. To vote any shares of stock which farm a part of my Estate, and to otherwise exercise all the powers incident to the ownership of such stock. 1. In the discretion of my Executor or Custodian, to unite with other owners of similar property in canying out any plans for the reorganization of any corporation or company whose securities form a part of my Estate. J. To compromise claims and to abandon any property which, in my Executor's opinion, is of little or no value. 6 K. To manage or continue any business that I may own or be entitled to so act in such capacity. ITEM X. Any person who shall have died at the same time as me. or in a common disaster with me, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased me. ITEM XI. I hereby appoint, JEFFREY and TRACY EVANS QUALLS, acting together or separately, to serve as the Guardian of any minor children in the event that I am so entitled to appoint such a Guardian of the Person. In the event of the refusal or inability of such named persons to so serve, I then grant to the person last so nominated and capable of serving the right and power, exercisable in his or her exclusive discretion, to nominate and appoint, whether in advance while competent, or at the time of a renunciation or resignation, a person or persons to serve as such Guardian, which nomination shall be honored as if I had made such an appointment in this Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, consisting of seven (7) typewritten pages, thisZ day of June, 2007. i THOMAS T. J S i&- 7 We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator, THOMAS T. JOHNS, as and for his Last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. residing at ? .? _ residing at :3.-;e 1774. r te-f SA I7fJ y ?!Q I.7/ U/ (6) W&ILAIP j- Y ' COMMONWEALTH OF PENNSYLVANIA . SS.: COUNTY OF DAUPHIN We, the Testator, THO Tit T. JOHNS, and L.S?7?r L?c?o% and the witnesses, respectively, whose names are signed to the f&egoink instrument', 'being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undu influence. THOMAS JOHNS e s s Witness Subscribed, sworn to and acknowledged before me by the Testator, THOMAS T. JOHN and subscribed d sworn to before me by P?? and ,witnesses, this y o June, '1007. (SEAL) [148101.1) ONW H OF LVANIA BfN 1M. ftwbmk NOW •zublk y? Oct 21.