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Duncan&Hartman,P.C. � ro m = C> —f rD
Susan J.Hartman,Esquire y r r'0 r"
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1 Irvine Row,Carlisle,Pennsylvania 17013 a• CO ;10 o 0
717.249-7780 0 0 0 'a -n -n
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717.249-7800 FAX o o s L
Attorney ID 65184 0 N i— rn
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IN RE: EMILY A. SMOKER : IN THE COURT OF COMMON PLE OF
CUMBERLAND COUNTY, PENNSYLVANIA
AN ADJUDICATED INCAPACITATED
PERSON : ORPHANS' COURT DIVISION
NO. 21-12-0540
MOTION TO ALLOW TESTIMONY
OF PHYSICIAN BY WRITTEN DEPOSITION
Petitioner Dawn M. Smoker, by and through her attorney, Susan J. Hartman, sets forth the
following:
1. Petitioner filed a Petition pursuant to Section 5511 of the Probate, Estates and
Fiduciary Code to seek a court order allowing a hysterectomy to be performed on Emily A
Smoker.
2. Testimony by Carie D'Agata, M.D. is required in order to establish the existence of
the criteria necessary to find it medically necessary for a hysterectomy to be performed on Emily
A. Smoker.
3. Petitioner proposes to enter the testimony of Dr. D'Agata by way of a written
deposition, a copy of which is attached hereto and marked Exhibit "A".
WHEREFORE, Petitioner requests your Honorable Court grant permission to allow the
testimony of Dr. Carie D'Agata, M.D to be entered into the record by way of written deposition.
Respectfully submitted,
Susan J. H n, Esquire
tai �1
Duncan &Hartman,P.C.
Susan J.Hartman,Esquire
1 Irvine Row,Carlisle,Pennsylvania 17013
717.249-7780
717.249-7800 FAX
Attorney ID 65184
IN RE: EMILY A. SMOKER : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AN AJUDICATED INCAPACITATED
PERSON : ORPHANS' COURT DIVISION
NO. 21712-6540
WRITTEN DEPOSITION OF INDIVIDUAL QUALIFIED TO RENDER OPINION
AS TO MEDICAL NECESSITY OF A HYSTERECTOMY
This written deposition of Dr. Carie D'Agata, M.D.a witness in this matter, is taken on the
day of 2014 at Pennsylvania.
1. Please state your name and your professional address.
2. Please describe your education,training and background with particular emphasis on your
expertise in evaluation of the treatment of endometriosis OR attach to this written deposition your
curriculum vitae.
3. In your professional capacity, have you had the opportunity to meet with, examine, speak with
and otherwise become acquainted with Emily A. Smoker?
If yes, please state the following:
I first became acquainted with Emily A. Smoker on
when she was brought to my attention by
I have since examined or treated her on other occasions on the following
dates:
4. What is your diagnosis and prognosis of Emily A. Smoker with respect to the condition alleged
in her Petition for an Order authorizing a hysterectomy?
In particular,please comment on the nature and extent of the disease and the alternatives
which may and may not exist for treatment.
Based upon my education, training and experience, as well as my acquaintance,
examination and treatment of this patient, it is my opinion, to a reasonable degree of medical
certainty that the following treatment and/or procedure is necessary and in the patient's best"
interests:
5. Based upon your education, training, experience and familiarity with this patient, are
there any other less invasive alternatives appropriate to this'ease?
6. Has Dawn M. Smoker,plenary guardian of Emily A. Smoker, been advised that a
hysterectomy would render Emily permanently incapable of reproducing?
7. Is a hysterectomy medically necessary and will it be performed for a valid medical
reason other than sterilization?
VERIFICATION
I, Carie D'Agato,M.D., verify that the statements in the foregoing deposition are true and
correct to the best of my knowledge, information and belief. I understand that the statements
herein are subject to the penalties of 18 Pa.C.S. section 4904 relating to unswom falsification to
authorities.
Carie D'Agato
Dated:
STATE OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this,the day of 2014, before me, a Notary
Public, personally appeared Carie D'Agato, M.D., known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public