HomeMy WebLinkAbout94-01016
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IN REI ANGELA M. BENFIELD,
an alleged
incompetent person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.~, -CfL4 - 1c:J/~
On the Petition of Alice Benfield
AND NOW, this
ORDER
'1:5 ~ay of me v~ 1994, after
consideration of the petition filed by Alice Benfield and having
heard testimony thereon, it is hereby Ordered and Decreed that
Angela Benfield is found to be an incapacitated person in that she
is unable to manage and invest her financial resources. Alice G.
Benfield is appointed limited legal Guardian.
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IN RE: ANGELA M. BENFIELD,
an alleged
incompetent person
) IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
) ORPHANS' COURT DIVISION
) NO. .xl-Cf4' lallo
mAllOlS
YOU ARE HEREBY NOTIFIED THAT THE ATTACHED PETITION FOR
THE APPOINTMENT OF A GUARDIAN HAS BEEN FILED WITH THE ORPHANS'
COURT OF CUMBERLAND COUNTY AND THAT A HEARING ON THE PETITION HAS
BEEN SCHEDULED BEFORE#tW. JlALLJld E (J.a~F 1~,fJ, IN
COURTROOM NUMBER~, LOCATED IN THE CUMBERLAND COUNTY COURTHOUSE,
AT THE CORNER OF HIGH AND HANOVER STREETS, CARLISLE, PENNSYLVANIA,
ON THE.t3~DAY OF 1JI.JlY~JY)~E/t.. , 1994, AT/.(/: 30
O'CLOCK d..M. (PREVAILING TIME) .
THE PURPOSE OF THIS HEARING IS TO DETERMINE:
1. WHETHER YOU SUFFER FROM ANY MENTAL OR PHYSICAL
IMPAIRMENT WHICH WOULD AFFECT YOUR ABILITY TO
MANAGE, INVEST AND REINVEST SUMS RECEIVED FROM
A LAWSUIT FILED IN THE UNITED STATES MIDDLE
DISTRICT OF NORTH CAROLINA; AND
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2. WHETHER YOU HAVE THE ABILITY TO MANAGE, INVEST
AND REINVEST SUMS RECEIVED FROM SOCIAL
SECURITY.
AT THE TIME OF THE HEARING, THE COURT WILL RECEIVE
EVIDENCE ABOUT YOUR ALLEGED INCAPACITIES OR FUNCTIONAL LIMITATIONS.
IF THE COURT DETERMINES THAT INCAPACITIES OR FUNCTIONAL LIMITATIONS
EXIST, THE COURT MAY APPOINT A GUARDIAN TO ACT ON YOUR BEHALF. THE
APPOINTMENT OF A GUARDIAN IS A MATTER OF GREAT IMPORTANCE SINCE IT
WOULD RESTRICT AND INFRINGE UPON YOUR LEGAL RIGHT TO PERFORM
CERTAIN ACTIVITIES OR TO MAKE CERTAIN DECISIONS, INCLUDING THE
RIGHT TO HANDLE YOUR OWN MONEY.
DUE TO THE SERIOUSNESS OF THIS PROCEEDING, YOU HAVE THE
RIGHT TO REQUEST THE APPOINTMENT OF COUNSEL AND TO HAVE COUNSEL
APPOINTED IF THE COURT DEEMS IT APPROPRIATE. PETITIONER BELIEVES
AND THEREFORE AVERS THAT ANGELA'S PRESENT COUNSEL, THOMAS D. GOULD,
2 EAST MAIN STREET, SHIREMANSTOWN, PA 17011, HAS BEEN NOTIFIED OF
THE WITHIN PETITION.
IF YOU DO NOT HAVE AN ATTORNEY, OR CANNOT AFFORD ONE, GO
TO, OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
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YOU ALSO HAVE THE RIGHT TO REQUEST THE COURT TO ORDER AN
INDEPENDENT EVALUATION OF YOUR ALLEGED INCAPACITIES. ADDITIONALLY,
YOU HAVE THE RIGHT TO A TRIAL BY JURY ON THE ISSUE OF YOUR ALLEGED
INCAPACITIES. YOU HAVE A RIGHT TO BE PRESENT AT THE COURT HEARINGS
UNLESS YOUR PHYSICAL OR MENTAL CONDITION WOULD BE HARMED BY YOUR
PRESENCE, OR IF YOU ARE OUT OF PENNSYLVANIA,
YOU HAVE THE RIGHT TO APPEAL THE COURT'S DECISION
REGARDING INCAPACITY OR FUNCTIONAL LIMITATIONS AND THE APPOINTMENT
OF GUARDIANS BY FILING NOTICE OF APPEAL TO THE SUPERIOR COURT OF
PENNSYLVANIA WITHIN THIRTY DAYS OF THE COURT'S DECISION, YOU ALSO
HAVE THE RIGHT TO PETITION THE ORPHANS' COURT OF CUMBERLAND COUNTY
FOR A REVIEW HEARING TO MODIFY OR TERMINATE THE GUARDIANSHIPS
WITHIN 10 DAYS OF THE COURT'S DECISION.
YOU MUST ACT PROMPTLY IF YOU HAVE REASONS WHY YOU THINK
YOU ARE NOT AN INCAPACITATED PERSON, AND IF YOU OBJECT TO HAVING A
GUARDIAN APPOINTED FOR YOUR PERSON AND/OR FOR YOUR PROPERTY, YOU
MUST TELL THE COURT YOUR REASONS, OR HAVE YOUR ATTORNEY TELL THE
COURT THE REASONS BEFORE OR AT THE TIME OF THE HEARING.
By:
J.
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David B. Dowling, lequire
Attorney 1D No. 2501
Rhoad. , Sinon
one South MArket Square
P. O. Box 1146
Harrl.burg, PA 11101-1146
Attorney. tor petitioner
IN RE: ANGELA M, BENFIELD,
an alleged
incompetent person
l IN THE COURT OF COMMON PLEAS OF
l CUMBERLAND COUNTY, PENNSYLVANIA
l ORPHANS' COURT DIVISION
l NO,
On the Petition of Alice Benfield
PETITION TO ADJUDICATE INCOMPETENT
Am> ~ GUARDIAN FQR ANGELA BENFJELQ
TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT I
1. Angela Benfield, the alleged incompetent person,
current resides at 204 E, Simpson Street, Mechanicsburg, Cumberland
County, Pennsylvania with her mother and Petitioner, Alice
Benfield.
2. Angela was born on December 14, 1975 in Rowan
Memorial Hospital, Salisbury, North Carolina. At the time of her
birth, she suffered from severe complications, including shoulder
dystocia, erbs palsy, fetal distress, fetal asphyxia with resultant
cerebral palsy.
3. On December 1, 1993, a lawsuit on behalf of Angela
Benfield was filed by her mother as guardian ad litem in the United
States District Court for the Middle District of North Carolina.
Alice Benfield was appointed guardian ad litem for the purpose of
that lawsuit,
4. The Complaint alleged that Angela'S birth injuries
and resultant cerebral palsy was caused by the negligence of
various health care providers who were involved in her delivery at
the Rowan Memorial Hospital.
5. Since her birth, Angela Benfield has been cared for
by numerous health care providers, therapists and counselors. She
currently resides with her mother. Angela's father, John Benfield,
is living, but is separated from her mother, Alice. He was not a
party to the litigation in North Carolina. petitioner believes and
therefore avers that he consents and does not oppose to the within
Petition.
6. After extensive discovery and pre-trial litigation,
the lawsuit in North Carolina was settled pending Court approval.
7. The hearing to approve the agreed-upon settlement is
scheduled for December 1, 1994 in the Middle District Court of
North Carolina in Greensboro. ~ attached Exhibit "A." Rule 213
of the Middle District Rules of North Carolina requires that
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amounts received on behalf of an incompetent shall be paid to a
legal guardian approved by the Court.
8. petitioner believes and therefore avers that Angela
Benfield is not competent to manage, invest and reinvest the
settlement proceeds.
9. The names and addresses of the persons who could be
intestate heirs (or next of kin) of Angela Benfield are as follows:
a. Mother - Alice G. Benfield
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b.
Father - John A. Benfield, Sr.
372 Blue Bell Drive
Mountville, PA 17554
c. ~ibling - John A. Benfield, Jr.
204 E. Simpson Street
Mechanicsburg, PA 17055
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10. Angela Benfield's physician is Bradford Wood, M.D.,
Lutztown Road, Boiling Springs, PA.
11, Alice Benfield, the proposed legal guardian, has no
interest which is adverse to the interests of her daughter, Angela
Benfield.
12. A recent psychological evaluation, performed by the
Capital Area Intermediate Unit indicates that Angela's verbal IQ is
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58, performance IO is 60, and full scale IO 57, The report, a copy
of which is attached hereto as Exhibit "B" prepared by Mrs. Buzan
Seitz, School Psychologist, states "Angela's overall functioning at
this time is falling at the lower limits of mild retardation with
little difference between verbal and performance scores."
13. The Petitioner believes, and therefore avers, that
no Court has ever assumed jurisdiction in a proceeding to determine
whether Angela Benfield is incompetent with respect to managing and
investing sums received from the lawsuit currently pending in North
Carolina.
14. The Petitioner believes, and therefore avers, that
no legal guardian has ever been appointed for Angela Benfield. The
Petitioner requests that the guardian be granted powers to act for
Angela Benfield in the following specific areas:
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(a) the power to manage, invest, reinvest and
distribute, hold in trust, and serve as trustee for Angela Benfield
any and all sums received on behalf of Angela Benfield with respect
to the litigation pending in the United States District Court for
the Middle District of North Carolina.
- 4 -
(b) The power to collect, manage, invest, reinvest
and distribute for the benefit of Angela Benfield, any sums
received from Social Security,
15. The approximate value of the settlement proceeds to
Angela Benfield is $45,000,
Angela also receives approximately
$274.00 per month in Social Security benefits.
WHEREFORE, Petitioner requests the Court to grant the
within Petition.
Respectfully submitted,
RHOADS & SINON
By:
d B. Dow J.ng
One South Market Square
P. O. Box 1146
Harrisburg, PA, 17108-1146
(717) 233-5731
Attorneys for Petitioner
Dated: November 21, 1994
72113
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UNITED STATES DISTRICT COURT."
MIDDLE DISTRICT OF NORTH CAROLINA
Angela Benfield
v.
Malcolm P. Parada
Case Number: 4:93CV70B
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Take notice that a proceeding in this case has been set/reset as
indicated below:
PLACBI U.8, Courthouse, 324 W, Market 8t" Greensboro, HC
COURTROOM NO., 2
DATE AND TIMB, December 1, 19941 9130 a.m,
PROCEEDING, Bearing on settlement involving minor
Clerk
, Deputy Clerk
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TO: ALL COUNSEL
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FAX NU. II /I.:li:!tlQ 14
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CAPITAL AIlEA
Iln"nl.lllfl V'IT
School P/ogrlml Ind St/.lces
55 MIIIII Strell, P,O, Box 4Bg
8ummerdlll, PA 17093,0489
717-732-8400; Fex 711-732-8414
COIlI!!!ENTIAL
Initial
Reeval,
Student II.
x
_18.Q.~ft.Q:llL
I'OR PROFESSIONAL.J!.5E ONLY
REPORT ..Q!..!SYClIOLOGICAL BVALUATIOH
NAllll.
Anoe!8 Benfield
SEX.-!- DOB. 12/14Lla- AGEI_18-l.
Life
GRADE. Skills PHONE'_1~G'2G42
SCHOOL I Hech8nic~bu~q Hi(lh School
PARENT(S).-A!!Ee Benfield
.__ ADDRESS. 204 E. Simpson Sts:m.,_
Mechenicsbut9.l....1A 17055_
REPORT SIlNT TO. Nsncv Black. I~echenicsburo School District
REQUESTED By.---!~t
POS ITIOlf.
DATE ADMINISTERED.-lLl/94
RIlSULTS OF EXAMINATION.
TESTS GIVEN.
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Ilechsler Adult Intelligenco Sce1e--Revhed VERBAL 58 C.A.
WIIIS-R SUBrEST SCORESI
PERFOR/lANCE
60
ILA.
INFOR/IATION ---L PICTURIl COIIFLETION ---L
DIGIT SPAN 2 PICTURE ARRANGEllEllr 6
VOCABULARY --~ BLOCK DESIGN ~-
ARITHMETIC ~ OBJECT ASSEMBLY --Z-
COllPREHENilION--r- DIGIT SYMBOL ::::.~_
SIIIILARI'1'JES -L
ag~ON FOR REl'g~
FULL SCALE
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Angela was referred for psychological testing os requested as e part of the tlDB
process that i. currently in progress,
BACKGROUND JNFoRMATION.
Angela wes first known to the CAIU as /1 six year old et which point she was
ettendinll a private nursery school and receiving physiCal therapy and
speoch/languege therapy. Sho had previously received proschool p,'ograrnminll throullh
UCP. In the .prinll of 1982, she entel'ed a multihandicapped clul\ and remained in
MH placement throullh the 1983-84 .chool year, She attended physically hendicapped
clasaes f,'om t~e 1984-85 school year throul/h the 1986-87 school yaar, and then WI\8
in II neurodovalopmehtal ClODS for the next school year (1987-88). Since that time,
ahe WII in TMR placement, which has sinc~ become Lite Skills.
s.Mn, uhooI _:,!rkl' ., lUupl"'" C~rl,fWI. ,..",., IItd Nonhf,,, YOlk COUl'NI..
An EQut' o,l(IOI'I'~r Etr.,:.Io,."
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, ~ MA.q:.'tO:'94 THU \2:3\ ,CAW '.0 FAX NO, 7l1n~~414 P.031\1
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Report of Psychological Evaluation. Angela Benfield r~\Ie 2
DOS. 12/14/75 Date of Evaluation. 2/1/94
Hedically, there are diagnoses of cerebral paley, seizure disorder, and
microcephaly. There is bilateral hearillq loss. The most recent psychological was
administered on 2/24/88 by Dr. Krbten Allqstadt. On the WISC-R, Angela scored a
Verbal 112 of 47, a Performance II! of less thsn 45, and II Full Scale IQ of 41.
BEHAVIORAL OBBBRVATIONS,
Physically, Angela is observed to be an aHractive young lady, with Hqht brown
hair and a slender figure. She WOl')c1 dominantly with her left hand. Although her
apeech continue. to be defective, particularly in the omission of sounds I she malles
every effort to articulate in a mallner that can be understood. Generally she could
be understood within context, although what she was SlIying was less certain if
context was not known, Additionally, she was noted to do gesturinq to further
explain what sha was trying to say.
Walkinq continues to be in a slow snd deliberate manner. Difficulties with fine
motor tasks were also quite obvious, although again Angela made every effort to
comply with the demands of the tasks,
TEST RESULTS AND DISCUSSION,
Angela'S overall functioninq at this time is falling at the lower limits of mild
ratardation, with little difference between the Verbal and Performance scores.
Although the scores are higher than recorded on any previous testing, it must be
cautioned that this phenomenon frequently occurs in the change from the children's
varsion of the Wechsler scalas to the adult version. Most skills continue to be
two' 0'1' more standard' devilitio'ns below 'tne' meiul-;:',;Tl1e!subtest' scorn, reported are
for adolescents of Angela I sage, while scaled scores comparing to the entire adult
Pllpulation (used in calculation of the IQ scores) are one point lower on four of
the six verbal subtests and on one of the five performllnce subtests.
Within the Verbal scale, Angela was able to do some of the tasks ,<:>n all of the
Bubtests except Similarities. This required verbal abstraction, and she wes unable
to conceptualize what WIlS required even after correction was given. The only test
with time limits within the 'Verbal scale is arithmetic, and l"Bther generous timinq
was dona in this instance. She Was tentative with the appliclltion of processea,
tailing some time to think through and talk through the correct answers. Without a
calCUlator, she was able to do one-digit processes,
Within the Performance scale, all of the subtests have time limits, and in some
Cllses there are time bonuses. picture Completion requires some verbalization, and
again timing was very generous if she was in the process of mllkillg an explanation.
Picture Arrangement. requiring the sequencing of pictures to describe social
situations, Was Angela's strongest area. This subtest has time limits but no time
bonuses, and all of her successes were scored within totally standsrdized
procedure. Block Design and Object Assembly both involve visual perceptual
llbilities, and both give tima bonuses for quick completion. This'was not an issue
in either case, however, as the'"e ...ere virtually no successes in any instances that
could haVe earned time bonuses. Although motor limitations obviously caused
difficulty on both of these subtests, it was also clear in both cases that she hsd
difficulty adequataly perceiving items on mora difficult tasks. Tha Digit Symbol
(called Coding on the children's version) subtest had not previously besn
administered because of motor limitations. This examiner chose to administer it 80
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~ ~:,DO~I 12/14/75' D_to at Evaluation I
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Page 3
Anqela Benfield
2/1./94
.s to be able to compare to her skills in other areas. In fact, her score is very
l11uch within ranljje of othor subtest sCOl'OS, and she actually seemed to have less
difficulty with this tasle than with sOl11e of tho others. This is possibly due to
the frequency with which she perform. pencil/paper tasks at apposed to some other
sorts of manipulative tasks. she did have difficulty limiting the size ot the
symbols, but thie,same sort of difficulty is noted in her clas. work.
Adaptively, Angela demonetrated a good deal of seneibility, knowing for instance
the days she goes to CIT and the days that she C0l110S to Hechanicsburg. She said
that ahe likes CIT better than school, and that she doesn't like school enymore.
Her teacher indicates, however, that sho continues to have a cooperative and
plea sent attitude'in,.pite of having articulated this frequently,
SUHMARY AND RECOMMENDATIONS,
Angola continues to demonstrate retardation in addition to ollpressive language and
, fine and gross l11otor difficulties secondary to her cerebral palsy. She continues
to need a structured .ducational placement, with low student to teacher ratio, It
is tha opinion of this exal11iner that ahe ie appropriately placed in the Life Skills
Program.
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'.
:mRIDCA1mN
I verify that the statements made in this petition are
true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S.A. 54904, relating to unsworn
falsification to authorities.
Date:
II /1'( / "'1
, I
~ ~
.I~D~I::1. t9
A ce Benfield
SWORN TO AND SUBSCRIBED
III
before me this ~ day
of NWlmIwc-
I 1994.
My Commission Expires:
(SEAL)
NOTAAlAL SEAl.
NAlNA J, SANGIM. Notary PublIC
City 01 Ha_tg, Dauphin CounlY
M CommissiDn e" ,es A ,ill,. 1998
.'.';fN ""./;>+ " '\".;,[~;'-;<lc"""""""'"tI"...."'ioc~'~',,*, ,;.~
IN REI ANGELA M, BENFIELD,
an alleged
incompetent person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
On the Petition of Alice Benfield
1.
The name of the proposed guardian is:
Alice
Benfield,
2. The proposed guardian is the mother of Angela
Benfield, age 18.
3. The proposed guardian speaks, reads and writes the
English language.
4. The proposed guardian does not have an interest
adverse to the interests of the alleged incompetent person.
5. The proposed guardian consents to act as guardian
for Angela Benfield.
Date: //./5'- c;t
~t1Lu. ,)j. g~
lice Benfield