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Home My WebLink About06-08-11IN RE: MYLES J. CLAPSADL, An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-11- (058' PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. &5511 AND NOW COMES THE PETITIONER, Michael A. Clapsadl, by his attorney, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is Michael A. Clapsadl who resides at 662 Shannon Road, Boiling Springs, Cumberland County, Pennsylvania. Z. The alleged incapacitated person is Myles J. Clapsadl, age 19, who currently resides at 662 Shannon Road, Boiling Springs, Cumberland County, Pennsylvania. 3. The immediate relatives of the alleged incapacitated person are: a. Jo Ellen Clapsadl -mother 662 Shannon Road Boiling Springs, PA 17007 .~.~ ~ ~= b. Dean C. Clapsadl -brother 662 Shannon Road ~ Boiling Springs, PA 17007 ~;; ~ 4. g ~ -i ~ The Petitioner is the father of Myles J. Clapsadl. ~ a ~ c~ ~~ cn `~i +~~ c: - ra -r~ `n ~i 5. The Petitioner's interest is that of a parent concerned with his welfare. 6. Myles J. Clapsadl has, for at least three (3) months, been incapable of managing and caring for himself and his financial affairs. 7. Myles J. Clapsadl exhibits symptoms of mental incapacity, having a diagnosis of Langerhans cells histiocytosis with CNS progression. 8. Myles J. Clapsadl was diagnosed with Langerhans cells histiocytosis with CNS progression in 1994-1995 and is a neuro-degenerative disease which causes progressive physical and mental deficit for which there is no cure. 9. Several chemotherapies have been tried to slow the progression of the disease knowing that nothing will be curative. 10. In 2008, Myles J. Clapsadl began treatment with the Immunosuppressive chemotherapeutic agent, tacrolimus, which is known to cause additional neurocognitive impairment. 11. In 2009, IVIG chemotherapy treatments were added and, in 2010, cladribine was added. 12. From a physical standpoint, Myles J. Clapsadl has, since 2008, progressed from being able to walk independently to being wheelchair dependent in most situations. 13. Elana Farace, Ph.D., Associate Professor of Public Heath Sciences and Neurosurgery at Penn State Milton S. Hershey Medical Center, Hershey, Pennsylvania has supervised five (5) neuropsychological assessments of Myles J. Clapsadl between 2008 and 2010 and has made the following observations in a letter dated Mazch 20, 2011: A. His current neurobehavioral problems include medication-resistant depression, extreme behavioral disinhibition (primarily sexual), and pseudobulbaz affect; B. Although his IQ has not declined over the time he was evaluated, he has shown a significant impairment in judgment and behavorial self-control; C. He also has severe deficits in attention and short-term memory which have declined over time; and D. He shows specific deficits in tasks which involve the right frontal lobe of the brain which also govern behavioral control. A copy of said letter is attached hereto, marked as Exhibit "A" and incorporated herein by reference. 14. According to Dr. Farace, his prognosis is poor and, due to the disease, his brain will continue to degenerate and cause additional physical, cognitive and behavioral impairment. 15. Myles J. Clapsadl's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 16. Petitioner believes and, therefore, avers that Myles J. Clapsadl's monthly income consists of approximately $474.87 from SSI and PA SSI. 17. Petitioner requests that he and his wife, Jo Ellen Clapsadl be appointed Permanent Plenary Guardians of the Person and Estate of Myles J. Clapsadl. 18. The proposed Guardians have no interest which is adverse to the interest of Myles J. Clapsadl. 19. Petitioner believes, and, therefore avers that Myles J. Clapsadl does not already have a Guardian. 20. Petitioner asserts that Myles J. Clapsadl is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 21. Because of his impaired mental and physical condition, Myles J. Clapsadl lacks the capacity to provide for his own personal caze and maintenance. 22. Because of his impaired mental and physical condition, Myles J. Clapsadl is unable to manage his financial affairs, property and business and to make and communicate responsible decisions relating thereto. 23. A power of attorney would be a less restrictive alternative than Guardianship but he currently does not have anattorney-in-fact and he lacks the capacity, at present, to appoint one. 24. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 25. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Myles J. Clapsadl. 26. The failure to appoint Petitioner and his wife, Jo Ellen Clapsadl, as Permanent Plenary Guardians of the Person and Estate of their son, Myles J. Clapsadl will result in irreparable harm to the person and estate of Myles J. Clapsadl. WHEREFORE, the Petitioner respectfully requests that: The Court appoint Michael A. Clapsadl and Jo Ellen Clapsadl as Permanent Plenary Guardians of the Person and Estate of Myles J. Clapsadl; and 2. No bond or surety is required of the Guardians. Respectfully Submitted, Ant ony L. eLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717)258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Permanent Plenary Guardians of the Person and Estate pursuant to 20 P.S. §5511 of Myles J. Clapsadl are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: y ' ~'~~ Michael lapsadl PENNSTATE HERSHEY Cancer Institute March 20, 2011 Anthony L. DeLuca, Esq. 113 Front Street Bioling Springs, PA 17007 Dear Mr. DeLuca: PENNSTATE HERSHEY Public Health Sciences Per your request I am writing to summarize my findings on Mr. Myles Clapsadl. I am a clinical neuropsychologist who has evaluated Mr. Clapsadl multiple times since 2008 when he was referred to me for evaluation by his pediatric oncologists. Mr. Clapsadl carries a diagnosis of Langerhans cells histiocytosis with CNS progression which was initially diagnosed in 1994-1995. This is a neuro-degenerative disease, meaning a disease which causes progressive physical and mental deficits, for which there is no cure. However, several possibly effective chemotherapies have been tried to slow the progression of the disease, with the understanding that nothing will be curative. Mr. Clapsadl was referred to me initially in 2008 for a baseline assessment before beginning an immunosuppressive chemotherapeutic agent, tacrolimus, known to cause additional neurocognitive impairment. In 2009 they added IVIG chemotherapy treatments, and in 2010 they added cladrlbine. Physically, since 2008 Mr. Clapsadl has progressed from being able to walk independently to being wheelchair dependent in most situations. Neuropsychologically, Mr. Clapsadl has undergone five neuropsychological assessments on the following dates under my supervision: • 2/25/2008 • 7/18/2008 • 7/17/2009 • 5/28/2010 • 12/1/2010 Mr. Clapsadl's current neurobehavioral problems include medication-resistant depression, extreme behavioral disinhibition (primarily sexual), and pseudobulbar affect. Althoughl'L~Q per se has not declined over the time I have evaluated him, he has shown a significant impairment in judgment and behavioral self-control. He also has severe deficits in attention and short-term memory which have declined over time. Although he has a relative strength in problem-solving ability, he appears to have used this strength to circumvent social mores such as texting inappropriate sexual messages, rather than to learn to care for himself better. Myles shows specific deficits in tasks which involve the right frontal lobe of the brain (such as memory for faces) which also govern behavioral control. Therefore, I conclude that his behavioral disinhibition is related to the area of the brain which has been impaired by his degenerative disease. Unfortunately, Mr. Clapsadl's prognosis is poor. Due to his disease, his brain will continue to degenerate and cause additional physical and cognitive and behavioral impairment. Mr. Clapsadl's memory impairments mean that he will not be capable at this point of learning any significant new life-care skills. EX~IIBIT "A" Penn State Milton S. Hershey A~ledlcal Center • Penn State Hershey College of Medicine Department of Public Health Sciences, Mail Code CH69, 500 University Drive, Hershey, PA 17033-0855 Tel: 717-531-0003, ext 289623 • Fax: 717-531-0480 • aberg(~hes.hmc.psu.edu An Equal Opportunity University Therefore, I do not feel that Mr. Clapsadl has the requisite ability to care for himself, including his legal, financial, or healthcare concerns. I would be pleased to answer any further questions regarding Mr. Clapsadl. Thank you for your attention. Sincerely, Elena Farace, Ph.D. Associate Professor of Public Health Sciences and Neurosurgery Penn State Milton S. Hershey Medical Center • Penn State Hershey College of Medicine Department of Public Health Sciences, Mail Code CH69, 500 University Drive, Hershey, PA 17033-0855 Tel: 717-531-0003, ext 289623 • Fax: 717-531-0480 • abergQhes.hmc.psu.edu An Equal Opportunity University