HomeMy WebLinkAbout07-31-14 . . -
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IN RE: . IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
JAY H. LOUCKS, . THE NINTH JUDICIAL DISTRICT
. ORPHANS ' COURT DIVISION
AN ALLEGED INCAPACITATED :
PERSON . 21-14-0406
IN RE: PETITION FOR PLENARY GUARDIANSHIP
OPINION CQ 1.: �^,
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By Thomas A. Placey �?s:: r" �;. ,�,
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July 30, 2014 �r � . � � �
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At issue in the present case is whe Y�r ..... ' � �
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Jay H. Loucks, age 85, should be adjudicated an ��
incapacitated person on a permanent basis, and, if yes,
should David J. Loucks, son and current Power of Attorney,
be appointed plenary guardian of his person and estate. A
hearing was held in this matter on the 30th of July, 2014 .
The allegedly-incapacitated person was present in the
courtroom. Court-appointed counsel, Austin F. Grogan,
Esquire, was present and participated in the hearing.
Based on the evidence presented at the
hearing, the following Findings of Fact are made in service
of the Order of Court :
FINDINGS OF FACT
l . The allegedly incapacitated person is
Jay H. Loucks, an adult individual and domiciliary of
Cumberland County, who presently resides at the Manor Care
Carlisle Arcadia Unit.
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2 . Petitioner is Manor Care - Carlisle at
940 Walnut Bottom Road, Carlisle, Pennsylvania.
3 . Mr. Loucks suffers from an Alzheimer' s
type dementia in addition to other physical ailments .
4 . As a consequence of this condition,
Mr. Loucks ' ability to receive and evaluate information
effectively and communicate decisions is impaired to such a
significant extent that he is totally unable to manage his
financial resources and totally unable to meet essential
requirements for his physical health and safety.
5 . This information comes from a medical
opinion given by Mr. Loucks ' treating physician, Darryl K.
Guistwite, D.O.
6 . Mr. Loucks ' estate is approximately
$13 , 000 in stocks, and his monthly income is approximately
$1, 250 from Social Security and a small pension.
7 . The prognosis for Mr. Loucks from the
doctor is that it is not going to improve at any time and
that it will decline at an unknown pace .
8 . Mr. Loucks is in need of a plenary
guardian of his person and estate .
9 . The duration of the necessary
guardianship must be considered at best indefinite, and for
practical purposes permanent. The proposed guardian David
J. Loucks, whose address is 401 Jennifer Drive, New
. - .
Cumberland, PA, is appropriate to serve as guardian of
Jay H. Loucks person and estate and is qualified under the
statute to do so and has previously been authorized by his
father in the Powers of Attorney.
10 . The foregoing Findings of Fact are made
on the basis of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of
incapacity are contained in 20 Pennsylvania Consolidated
Statutes Section 5501 et. seq. The Petitioner has
substantially complied with these provisions, and based on
the foregoing Findings of Fact an Order of Court has been
signed designating David J. Loucks as plenary guardian.
By t ,
Thomas A. Placey C. P.J.
Robert A. Evarts, Esquire
351 West James Street
Lancaster, PA 17603
For Petitioner
Austin F. Grogan, Esquire
3901 Market Street
Camp Hill, PA 17011-4227
For Jay H. Loucks
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. ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: JAY H LOUCKS . CUMBERLAND COITNTY
. PENNSYLVANIA
. N0.21-14-0406
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 7/30/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 7/31/14
1N RE: OPINION
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SERVICE TO: ROBERT EVARTS 351 W JAMES ST LANCASTER PA 17603
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS �PETITIONER
� R� ❑ JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
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SERVICE TO: AUSTIN F GROGAN 3901 MARKET ST CAMP HILL AP 17011
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS ❑PETITIONER
� � �JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
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