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Winston-Salem chronicle. (Winston-Salem, N.C.) 1974-current, November 05, 2015, Page A9, Image 9

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-M??J Photos by Tori Pitt man Winston-Salem State University Nursing Alumni and guests attend at the Scholarship Banquet on Oct. 29 at the McNeil Banquet Hall, Anderson Conference Center on WSSU's campus. Nurses from page AS ognized the Class of 1961. The Class of '61 was pres ent, and they took a moment to showcase a book that they collaborated on and put together. "As We Go Forth,"written by Dr. Joyce Roland, talked about how there were a total of eight contributors. Roland gave a brief description of the book about personal sto ries, migrating up north to pursue better opportunities and value the responsibili ties of being a nurse. Dr. Lenora Campbell, associate dean of WSSU Division of Nursing, and Dr. Peggy Valentine, dean of WSSU School of Health Sciences, gave their remarks, as well as updated statuses of the WSSU nurs ing division and scholar ship funding. For more information pertaining to WSSU nurs ing, go to http://www.wssu .edu/scho ol-health-sciences/depart ments/nursing/. To get more informa tion on how to purchase the "As We Go Forth" book, contact Dr. Roland at 919 824-3267. She can also be reached at either drjoyc eroland@yahoo.com, or jroland67@gmail.com. All proceeds will go to the nursing scholarships. Dr. Clifton Kenon Clerk frontpage Al estate, and the subse quent May 3,2007 order declaring the ward incompetent, were, "... invalid because judg ment was never entered..." According to North Carolina law, no judg ment or order by a judge or the Clerk of Court becomes "the law of the case" until it is put in writing, signed by the judge or appropriate court official, and then properly filed stamped with the date and time, along with a signature, to conclusively document when that order became effective. The order is then filed with the coun ty Clerk of Court for future reference. Without that file stamp, the order is legal ly determined to be, according to the N.C. appellate court ruling, "... not entered," and therefore,"... cannot be the law of the case." Therefore the May 1, 2007 appointment of Bryan Thompson as guardian was legally invalid, and the subse quent May 3,2007 order finding Mary Thompson incompetent was illegal as well, not only because it was improperly entered, but because it was issued after attorney Thompson was appoint ed the estate guardian. Legally, a ward has to be determined incompe tent first, in order to jus tify why a guardian to assist in managing that person's affairs is need ed. That did not happen in, Mary Thompson's case. The Oct. 20 lawsuit alleges that the assistant clerk who issued both legally invalid orders in 2007, Theresa Hinshaw (who has since retired) "... was without legal authority to appoint a guardian ..." for Mary Thompson. In her April 9, 2014 "Findings of Fact" in the case, Cleric of Court Frye acknowledges that the orders issued by assis tant clerk Hinshaw in May 2007 "... were not file stamped," "... were not properly entered," later also admitting,"... through inadvertent error..." In her "Conclusions of Law," Frye further confirms the problem, this time calling it"... an inadvertent defect in the entry of judgment on the orders." She thus recom mends that, "the court can make corrections to a defect in the entry of judgment anytime ..." ? r by simply having the clerk now re-enter the orders after the fact, using the legal principle of nunc pro tunc, a Latin term meaning "now for then." Frye then ordered the re-entry be done, but attorney Alston, repre senting Mary Thompson's estate, opposed it, stating that Frye was trying to "... legitimize the fraudulent actions of Bryan Thompson and [assistant clerk] Theresa Hinshaw and protect the interests of the Court, as opposed to those of Mary Ellen Brannon Thompson." Frye's Order was later appealed in Superior Court in August 2014, and ruled to be "procedurally improper" because she failed to appoint a guardian ad litem, or legal represen tative specifically for Mary Thompson, as was done in 2007. The matter was sent back to the Clerk's Office to deter mine the ward's current competence, in contrast to 2007. But Mary Thompson was very ill at the time, and subsequently died that October 2014 prior to a hearing on the mat ter being held. Per state statute, her death imme diately terminated any guardianship arrange ments - alleged or other wise - but Frye had a Rockingham County clerk go ahead with the hearing that December. The Rockingham clerk ruited in favor of the Forsyth Clerk's Office, but attorney Alston, Mary Thompson's estate attor ney, later successfully challenged that ruling in Superior Court, which agreed with the Court of Appeals that the 2007 orders were indeed legally invalid. Clerk Susan Frye's own words from April 9, 2014 - ironically file stamped and entered into the Forsyth Superior Court record - stating that what happened in the Mary Thompson case was "...an inadver tent error" that needed to be corrected, clearly contradicts her pro nouncements to that local newspaper that the Clerk of Court's Office "...did nothing illegal," followed all of the laws, and handled "everything ... in a professional manner." Frye did try to hang her hat in that article on a Feb. 5, 2015 Forsyth County Superior Court order in the case which stated, "In 2007, it was standard practice of the A Forsyth County Clerk of Superior Court not to file stamp Orders that had been prepared and exe cuted by representatives of the Clerk of Superior Court going on to say that this was the "understanding of instructions" assistant clerk Hinshaw had from "the Administrative Office of the Court." But not only were Frye's words an admis sion that not file stamp ing some orders was a "pattern and practice" in the Clerk's office in 2007 - as first alleged in the Oct. 20 lawsuit by Mary Thompson's estate - but they also contradict several Clerk Office orders The Chronicle has discovered with Hinshaw's signature, going back to 2005, that were properly file stamped and entered. Indeed, one of Hinshaw's first orders appointing Mary Thompson a guardian ad litem was file stamped April 4, 2007. If there were "instructions" from the Administrative Office of the Court, they were apparently haphazardly followed, a legal observ er says, even though the state Court of Appeals, in its ruling a year earli er, made it clear that according to the long standing N.C. Rules of Civil Procedure, Rule 58, which governs judi cial procedure in the state, "... a judgment [or order] is entered (legally valid) when it is reduced to writing, signed by the judge, and filed by the clerk of court." In essence, there could never be a legal order from the Clerk's Office that is not proper ly entered, according to established North Carolina legal proce dure. An attorney repre senting attorney Bryan Thompson, whom Clerk Susan Frye maintains was properly appointed as estate guardian in the case though the state Court of Appeals later ruled otherwise, told that local newspaper that "all" of his actions "... were accounted for and approved by the court, and Ms. Thompson's funds were appropriately used for her care and to pay expenses associated with the guardianship." The lawsuit, howev er, alleges that attorney Thompson has used funds from Mary Thompson's $1.4 mil lion estate to hire his own attorneys to repre sent him in this matter. ~ ?'Fl^jD^'NIGHT' Nov. 6,13,20,27 r,||t Dec. 11.18,25 7-10 Dill Jan. 1,8,15,22,29 r Feb. 12,19 Mar. 11,18,25 \ I NO SCHOOL 1 I SKATIDAVS ?-S DM Nov. 11,26,27,28 Dec 22,23,24,25 26,29,30,31 Jan. 1,2,19,20 za5V fa ii, % ^jg Mar. 11 Public Group Skating lessons $10/session 5:15-7 p.m. Every Monday In January and February Open Thanksgiving, Christmas and New Year's! Get moving after your holiday feast with a family skate outing. OCTOBER 29 TO MARCH 19 Fridays: 1-4 p.m., 7-10 p.m. Saturdays: 12*30?3 p.m.; 630-10 p.m. W Sundays: 1*30-4 p.m. Admission: $7 Skate rental $3 MfMfMf.MflFAIAGAOUNDS.COM Dropped out? ,, , , , . . A six-month program for high school (jCt bUCk Oil trUCk With dropouts. Participants are paid monthly YouthBuild Winston-Salem whllethey: ? Earn their 6ED. ? Receive training and certification in a construction trade. Additional training options available upon completion of GEO: Certified Nursing Assistant Pharmacy Technician, Facility Maintenance, Advanced Manufacturing. APPLICATIONS NOW BEING ACCEPTED FOR THE NEXT CLASS. I information at (3)6) 397-7770 or stud M e-mail to yoothkiiiMw$^dtyofw$.org. f] ^WouthBuild I;lh* JL WINSTON SAIJiM WW Leal Collection starts Nov. 2 THREE PASSES THROUGH ALL NEIGHBORHOODS THROUGH 1%. MID-JANUARY ft W Follow progress of the collection online at CityofWS.org/LeafRoutes. ? Rake leaves to the edge of your yard ? Do not park vehicles on, in front of, or near your leaves ? Remember, you MA Y NOT JK burn leaves inside the city limits! >1 Thanksgiving Collection Changes CITY OFFICES CLOSED NOV. 26 & 27. CITYUNK 311 OPEN Garbage Collections: Tuesday & Wednesday, normal schedule; Thursday on Monday, Nov. 30; Friday on Tuesday, Dec. 1. Week of Nov. 30: All collections postponed one day; Friday, Dec. 4 on Monday, Dec 7. Curbside Recycling: I RED WEEK ONLYl Mon. - Wedj Normal schedule, Thursday & Friday postponed one day. Yard-Waste Carts: Monday & Tuesday collected on Monday, Wednesday on Tuesday, Thursday on Wednesday. |Hh| * ? ? Octobw Est Ward Updtfa ? REQ8EST A SERVICC ? RfPORT A PROBLEM ? MAKE A SU66EST10R Call 311 op 336-727-8000 citullnk@cituofuis.org 809, national origin, roNpoft or tnsaMkty vt I Mayor Alton Jomes City Council: Vivian H. fl-. ?L ? IJauAr P, ft TnnuuM U?tr4)uiA*l UfJ. nurse, wayor rro I ampore, Nortneast ware Denise D. Adam, North Ward; Dan Bam, Southwest Ward; Robert C Clark, West Ward; MoRy laight. South Ward; Jeff Macintosh, Northwest Ward; Oerwm I Montgomery, East Ward; James Taylor, JrM Southeast Ward City Manager; lee Garrity FIND US ON OO (B ?? I

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