HomeMy WebLinkAbout01-22-14 (2) Duncan &Hartman,P.C. RECORDED OFFICE OF
Susan J. Hartman, Esquire REGISTER OF WILLS
I Irvine Row,Carlisle, Pennsylvania 17013
717.249-7780 'ii`i IRU 22 FIN ii 51
717.249-7800 FAX
Attorney ID 65184 CLERK OF
0RP4htJ0,' COURT
IN RE: EMILY A. SMOKER fl§LiQy,R1 OTj CPA4MON PLEAS OF
C BERLAND COUNTY, PENNSYLVANIA
AN AJUDICATED INCAPACITATED
PERSON : ORPHANS' COURT DIVISION
NO. 21-12-0540
PETITION
Petitioner, through her undersigned attorney, Susan J. Hartman, Esquire,petitions Your
Honorable Court as follows:
1. Petitioner, Dawn M. Smoker of 104 Louisa Lane, Mechanicsburg, Cumberland County,
Pennsylvania 17040, was appointed Plenary Guardian of Emily Anne Smoker, an adjudicated
incapacitated person, by the Honorable Thomas A. Placey by Order dated June 12, 2012.
2. Emily A. Smoker resides with Petitioner at 104 Louisa Lane, Mechanicsburg,
Cumberland County, Pennsylvania 17040.
3. Emily A. Smoker has been diagnosed with endometriosis by Carie D'Agata, MD.
4. Because of the significant pain experienced by Emily as a result of the endometriosis, it
has been advised that a hysterectomy be performed.
5. 20 Pa.C.S. section 5521(d)(1)provides that consent on behalf of an incapacitated
person to sterilization may only be granted by the court.
6. Petitioner believes and therefore avers that a hysterectomy is medically necessary and
must be performed for a valid medical reason other than sterilization.
7. Petitioner believes and therefore avers that there exists no other satisfactory alternative
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and that a hysterectomy is in the best interest's of Emily A. Smoker.
THEREFORE, Petitioner prays this Honorable Court issue an Order directing that a
hysterectomy be performed on Emily A. Smoker.
Duncan & Hartman, P.C.
usan J. H Squire
Attorney fo titioner
Dated: 09
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
section 4904 relating to unswom falsification to authorities.
Date ' _ -) f
awn . Smoker