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HomeMy WebLinkAbout10-23-78 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERL&~D COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION DELORES JEAN HARTMAN, AN ALLEGED INCOHPETENT 451 ORPHANS' 1978 TRANSCRIPT OF PROCEEDINGS IN RE: PETITION TO ADJUDICATE INCOMPETENCY &~D APPOINTMENT OF A GUARDIAN OF THE ESTATE BEFORE: HONORABLE HAROLD E. SHEELY DATE: October 6, 1978 10:30 A.H. PLACE: Courtroom No. 2 Cumberland County Courthouse Carlisle, Pennsylvania COUNSEL PRESENT: DAVID FOSTER, Esquire For - Petitioner Cumberland County Children's Services RUBY WEEKS, Esquire For - Respondent INDEX TO WITNESSES FOR THE PETITIONER DIRECT CROSS October 6, 1978 Carlisle, Pennsylvania MR. FOSTER: May it please the Court, Your Honor, this is the time and the place for the hearing on the petition of Children's Services of Cumberland County to adjudicate incompetency and appointment of guardian for the estate of Delores Jean Hartman. It is docketed at No. 451 Orphans' Court 1978. Let the record reflect that the subject of the petition, Delores Jean Hartman, is present in Court with her attorney, Ruby Weeks. THE COURT: Are the brothers all here? MR. FOSTER: Your Honor, all the brothers are present. THE COURT: You may proceed. VEDA FISHER, called as a witness, being first duly sworn according to law, testified as follows: DIRECT EXAMINATION BY MR. FOSTER: Q Will you state your full name and address for the record, please? A Veda Fisher. I am a caseworker for Cumberland County Children's Services, 50 West High Street, Carlisle. -3- INDEX TO WITNESSES FOR THE PETITIONER DIRECT CROSS Veda Fisher 3 Annie C. Finkenbinder 7 Harvey F. Hartman 9 10 Stephen B. Coslett, PhD 11 15 Donald L. Hartman 17 Kenneth E. Hartman 18 -2- Q Are you the caseworker for Delores Jean Hartman? A Yes, I am. Q Is Delores Jean Hartman presently in the care and custody of Cumberland County Children's Services? A Yes, she is. Q How and when was she placed In the care and custody of your agency? She was placed In the care and custody on April 21st, A 1966. Q A Q A Q A Q A Q A That was by the order of court of Cumberland County? Yes. When was Delores Hartman born? She was born October the 2nd, 1956. Is she presently married? No, she is not. Has she ever been married? No. Where does she presently reside? She presently resides in a foster home, the home of Mrs. Katherine Hull. That address is R.D. 7, Box 405, Carlisle, Pennsylvania. Q How long has she resided with Mrs. HUll? A Since her placement in the care and custody of this agency, April the 21st, 1966. -4- Q Who were the parents of Delores Hartman? A Her mother was Florence Mixell Hartman, and her father was Harvey Hartman. Q Are they presently alive? A No, they are deceased. Q When were they deceased? A Mr. Hartman died April the 14th, 1964. Florence Hartman died March 25, 1976. Q Who are the next of kin of Delores Hartman? A Her next of kin are her three brothers. Harvey F. Harman would you like the address? Q Yes, please. A 334 Bosler Avenue, Lemoyne, Pennsylvania. Kenneth E. Hartman, 104 South Frederick Street, Mechanicsburg, Pennsylvania. Donald L. Hartman, R.D. 2, Lot 104, Shermans Dale, Pennsylvania. Q Are those brothers present in Court today? A Yes, they are. Q Now, do you know the gross value of Delores Hartman's estate? A The gross amount as of June, 1978, is $5,435.33. Q What does that consist of? A That is conservatives from social security and Veterans Administration Benefits. Q Where are they? -5- A They are in a savings account ln the Carlisle Building and Loan Association Bank. Q Is Delores Hartman a member of the Armed Forces of the United States? A No, she is not. Q Has she ever been? A No. Q What are the amounts of money that she is receiving from the Veterans Administration and social security disability? A Presently she is receiving $61 a month from the Veterans Administration, and $114.60 from social security disability. Q Now, of those amounts how much is being paid to Hrs. Hull for the care and upkeep of Delores Hartman? A The entire amount received from the Veterans Administration and social security. Q Is she receiving any additional income other than those two sources? A She receives a few hundred dollars a year from her work at Industries Limited, Carlisle. Q Who does your agency propose to undertake the guardianship of Delores Hartman? A Mrs. Annie C. Finkenbinder, 121 East Factory Street, Mechanicsburg. Q What is her relationship with Delores? -6- A She is the paternal aunt of Delores. And also Harvey Hartman of 334 Bosler Avenue, Lemoyne. Q He is the brother that you referred to earlier? A He is a brother, yes. Q To your knowledge, do either of these guardians have any interests adverse to Delores? A No. Q Has your In any other court Hartman? A No. Q Is there Delores Hartman? agency ever initiated any other proceedings to determine the incompetency of Delores any guardian presently appointed for A No, there is not. MR. FOSTER: I have no further questions. MRS. WEEKS: I have no questions of this witness, Your Honor. THE COURT: You may step down. ANNIE C. FINKENBINDER, called as a witness, being first duly sworn according to law, testified as follows: DIRECT EXAMINATION BY MR. FOSTER: Q Mrs. Finkenbinder, would you state your full name and address for the record, please? -7- A Mrs. Annie C. Finkenbinder, 121 East Factory Street, Mechanicsburg, Pennsylvania. Q Are you related to Delores Hartman? A Yes. I am her paternal aunt. Q Now, did you just hear the testimony of Mrs. Fisher from Children's Services? A Yes, I did. Q Do you agree to the best of your knowledge with the representation she made to the Court? A I do. Q Are there any corrections you would like to make? A No, there isn't. Q Now, she indicated that you were one of the proposed guardians for Delores Hartman, is that correct? A Yes. Q Are you of guardianship? A I am. Q Do you A No. willing to undertake the responsibilities have any interests adverse to Delores Hartman? MR. FOSTER: MRS. WEEKS: I have nothing further. I have nothing to ask of this witness, Your Honor. THE COURT: You may step down. -8- HARVEY F. HARTMAN, JR., called as a witness, being first duly sworn according to law, testified as follows: DIRECT EXAMINATION BY MR. FOSTER: Q Would you state your full name and address for the record, please? A My name is Harvey F. Hartman, Jr., 334 Bosler Avenue, Lemoyne, Pennsylvania. Q Are you related to Delores Hartman? A Yes, I am. I am her brother. Q Are you her eldest brother? A Yes. Q Did you hear the testimony of Veda Fisher and Mrs. Finkenbinder? A Yes, I did. Q Do you agree with the testimony that they had given? A Yes, I do. Q Are there any corrections that you would like to make to their testimony? A No, I don't. Q Are you one of the proposed guardians for Delores Hartman? A Yes, I am. -9- Q Are you willing to undertake the responsibility of guardianship for her? A Yes, I am. Q Do you have any interest adverse to the interest of Delores Hartman? A No, I don't. MR. FOSTER: I have no further questions. CROSS-EXAMINATION BY I'1RS. I'JEEKS: Q Mr. Hartman, would you inherit any assets of Delores In the event of her death? A You say will I? Q Yes. A No. Q She has only three brothers, living relatives, other than her aunt? A Yes, that is correct. Q Do you know if Delores has a will? A No, I don't. Q So that if Delores were to have no will, her assets would go and her estate would go to her surviving brothers? A Yes, I guess it would. THE COURT: I do not believe he really knows that, Mrs. Weeks, what the intestate laws provide. -10- MRS. WEEKS: I have no further questions of this witness. THE COURT: You may step down, Slr. STEPHEN B. COSLETT, PhD, called as a witness, being first duly sworn according to law, testified as follows: MRS. WEEKS: Your Honor, I would request that Delores Hartman be excused from Dr. Coslett's testimony. THE COURT: Yes, she may be excused. DIRECT EXAMINATION BY MR. FOSTER: Q Dr. Coslett, would you state your full name and address, please? A Stephen B. Coslett, 1004 Drayer Court, Carlisle, Pennsylvania. Q What is your occupation? A I am a clinical psychologist. Q Where is your office? A In my home, 1004 Drayer Court, Carlisle, Pennsylvania. Q Are you a licensed psychologist in Pennsylvania? A Yes, I am. Q Where did you attend college? A Baccalaureate Degree from the University of Pittsburgh, a Master1s Degree in psychology from the University of Denver, -11- and a Doctorate Degree In clinical psychology also from the University of Denver. Q Do you have any specialty in the field of clinical psychology? A Yes. My practice consists mostly of adolescents and early adult patients. Q Now, were you ever asked to examine Delores Hartman? A Yes, I was. Q By whom were you asked to make that examination? A Mrs. Alice Creager of the Cumberland County Children's Services. Q Did you make such an examination? A Yes, I did. Q Could you describe to the Court what your examination consisted of? A An interview with Delores plus the administration of an intelligence test. This took about two hours period of time and was conducted on June 25th, 1975. Q What were the conclusions of your test and your examination? A I first began by looking at earlier testing which had been done, if I may review that also. Q Certainly. A Delores was tested for Industries Limited by a Mr. Thomas Handshaw, a reputable psychologist. And he attained an IQ for Delores of 45. -12- In November, '77, again from Industries Limited they have a pre-vocational evaluation sheet. Things of this report were things that she could do and not do. She was unable to dial the telephone. She couldn't use a pay phone or In any way use a telephone directory. She was unable to use a bus station or any kind of public transportation, unable to tell time, and was unfamiliar with the a.m.-p.m. concept of time. She was confused in regarding to make money, particularly change and confusing quarters, nickels, this type of thing. She was unable to count money. I think this would have serious implications for her managlng her financial affairs. She could print a few letters but she cannot write. She confused colors. She was unable to name the months, days of the year or use the calendar, which likewise would have serious implications for her ability to manage her affairs. So based upon not only my own observation, my own psychological tests but those of two other psychologists and of the workshop from Industries Limited, it is my conclusion that Delores Hartman 1S severely retarded and is hence unable to handle her estate. I feel that she could be easily victimized by designing persons because of her poor judgment and poor awareness of what really is involved with the financial sum that she has. -14- MR. FOSTER: I have no further questions. CROSS-EXAMINATION BY MRS. v.lEEKS: Q Dr. Coslett, you yourself have not seen !1iss Hartman since 1975? A That 1S correct. Had there been a discrepancy between what I found and recent testing, I certainly would have seen her before the Court appearance this morning. Q You indicated that there has been an IQ test given in September of '77 which the IQ was 35? A That is correct, on a different IQ test. Q So that this was not a lowering of her intelligence quotient? A No, I don't think so. The particular test that was administered then depended very heavily on verbal skills only, whereas the Wechsler Intelligence Scales that I used both involved performance visual-motor coordination and verbal items. It is not unusual for the Wechsler Scale to give you a little higher IQ than the Binet. So that would be in keeping with what one would expect. Q Have you had any occasion since you have seen Miss Hartman in '75 to see her again or to talk with her to make any firsthand assessment of her skills since that time? A No, ma'am, I have not, other than looking at the '77 Industries Limited worksheets. -15- Q Are those evaluations the type which you ordinarily rely on in making assessments? A Yes, they are. They are standard evaluations. Q Was there any indication that there is any possibility of growth in intelligence? A I don't believe so. When Mr. Handshaw saw her in '72 he placed her in a mental age of six years. The most recent evaluation in '77 also puts her mental age at about six years. I think it's plateau and I do not expect an increase. Q Along with the report and evaluation which you have from Industries Limited, do you have any information with regard to her success in this program? A No, ma'am, I do not. MRS. WEEKS: I have no further questions. THE COURT: I have no questions. MR. FOSTER: I have no further witnesses, Your Honor. MRS. WEEKS: Your Honor, I would have no witnesses to call. I would like to ask Miss Hartman to come back in. THE COURT: Very well. Would Donald Hartman come up on the stand just a minute, please? -16- DONALD LEE HART~1AN, called as a witness, being first duly sworn according to law, testified as follows: BY THE COURT: Q For the record, would you give us your name and address? A Donald Lee Hartman, R.D. 2, Shermans Dale, Pennsylvania. Q You are a brother of Delores Jean Hartman? A Yes. Q You have heard the testimony up until this point, is that correct? A Yes. Q It has been proposed in this case that your brother, Harvey F. Hartman, and an aunt, Annie C. Finkenbinder, be appointed by me as guardians for the estate of your sister. Do you have any objections to me appointing them as her guardians? A No. THE COURT: MR. FOSTER: MRS. }'JEEKS: THE COURT: Does either counsel have any questions? I have no questions. No, Your Honor. You may step down. -17- KENNETH E. HART~ffiN, SR., called as a witness, being first duly sworn according to law, testified as follows: BY THE COURT: Q Would you state for the record your name and address, please? A Kenneth E. Hartman, Sr., 104 South Frederick Street, Apartment 1, Hechanicsburg. Q You are a brother of Delores Jean Hartman? A Yes. Q Have you heard the testimony up until this point? A Yes, I have. Q It has been proposed to me that your brother, Harvey F. Hartman, and an aunt, Mrs. Annie C. Finkenbinder, be appointed by me as guardians of the estate of your sister. Would you have any objections to me appointing those two people as her guardians? A No, I don't. THE COURT: Any questions of counsel? MR. FOSTER: No questions. MRS. T/VEEKS : No questions. THE COURT: Thank you, you may step down. I think it is clear from the testimony presented that Delores is incompetent within the meaning of the law. -18- I will appoint guardians for her estate as has been suggested to me. I will enter an appropriate order later this morning. (Whereupon, Court adjourned at 11:00 A.M.) -19- IN RE: IN THE COURT OF CO~10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION DELORES JEAN HART~VL~, AN ALLEGED INCOMPETENT 451 ORPHANS' 1978 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause and that this is a correct transcript of same. /< /I 1 i, A ./1 ( fJ '~J:; /1 U$(/10Lf t? 7ll.t/-ifr2:J---: Barbara E. Nickolas Official Stenographer The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. ( ,-7 1'''- ;~~\-..~ l.~". ~ Date , !C , je! Ir ) , , /, 1 ! ';__ C j, , I I Vi - (! \ _'L-t:....x,,\ ':':" , ..) ~"li-:e,'(-' Harold E. Sheely, Ninth Judicial Distrib' J. -20-