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Home My WebLink About07-0815IN RE: ESTATE OF JOHN TROTTA, : IN THE COURT OF COMMON PLEAS OF deceased :CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - ~ ~ `' CIVIL TERM PETITION FOR A RULE TO SHOW CAUSE NOW comes the petitioner, Miriam E. Trotta, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition for a rule to show cause, representing as follows: 1. Petitioner is Miriam E. Trotta, an adult individual residing at 16 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. She- has resided in Cumberland County, Pennsylvania since about November, 2004. 2. Petitioner is the surviving spouse of John Trotta, who died on January 12, 2004. An original death certificate for John Trotta is .incorporated herein by reference and attached hereto as Exhibit "A". 3. Petitioner is also the sole heir of the decedent in that in decedent's last will and testament he bequeathed all of his tangible personal property and all of his residuary estate to petition. A copy of the last will and testament for John Trotta is incorporated herein by reference and attached hereto as Exhibit "B". 4. At the time of his death, the sole asset remaining in decedent's name alone was a 1957 Nash Metropolitan motor vehicle (VIN No. E34661) for which the title had been lost. Said car has been in Cumberland. County, Pennsylvania since about November, 2004. Copies of photographs of the vehicle and a tracing of the VIN number plate from the vehicle are incorporated herein by reference and attached hereto as Exhibit "C". 5. Under Pennsylvania law, a motor vehicle title may be transferred to a surviving spouse without the filing of any estate with the register of wills. 6. Petitioner desires that the title to this vehicle be transferred to her, but remains unable to locate any title to the motor vehicle. WHEREFORE, your petitioner requests that your Honorable Court issue a rule to show cause why the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, should not issue to petitioner, Miriam E. Trotta, a new motor vehicle title for the subject 1957 Nash Metropolitan (VIN No. E34661) previously titled in the name of John Trotta. February ~, 2007 HAROLD S. IRW III Attorney for Petition 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I verify that the facts set forth in the foregoing petition is true and correct to the best of my knowledge, information and belief. I understand. that false statements made herein are subject to the penalties of 28 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. February 6, 2007 ` ~~~~~~~ E. TROTTA Petitioner EXH I B LT ~A" H105.905 REV.(6/(16) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. Calvin B. Johnson, M.D., M.P.H. Secretary of Health 39680.2 No. TrrelnnE+r N su+acwK Gf `~ Frank Yeropoli State Registrar NOV 1 ~ 2006 Date H1os.1a3 Nw. 2187 coMMOMWFALTH OF PENN3YLVANU• OEPARTYENT OF HEALTH• VfTAI RECORDS CERTIFICATE OF DEATH 000337 N/JE OFDECmNfdial. taal,lA+Q aE% WCLK 6EL7atlTY NUIaBI GATE OF DEATNp++M, Dar•Y+ap +. John Trotta i Male ,, 139 - 20 - 0116 a Jan 12 2004 ADEpar EYar+D 1 VNDBI+CAY Milo Eaii+l wEnaAeE par rr PLACE OP 0EM1)fJrtY etlY S.+w Mrnbwr Yl Mlwf Y1N Ilanaa ~ Dars Il+rs ~ loran 01~+p. wi•Ywd aY«P«alw CwnY» Old Sorge pwr• ® ENA7ap+Yra ^ DOA ^ ~ ^ «araww ^ ,°aa,a~,T ^ 75 ., rn, a>lfay 20, 1928 r.Penn lvania a , pWa,ENtlLWNN,ac oPlaaParacoelonr eoLwrraPDEATN crtr.solw.Tw-oPDEATN PAexmwwESaaprdat+wararwr.aea0 laP« No vw w rw.+oarq erwA e. Lackawanna k.3eranton K Moses Ta for Ho ital ~PYwb"p"'r` nT+ihite occurArloN Iawarwwaea-eueTnY wASOec®eTrEtelw O~MFa®IICATION IuIET aTA eunwmow~ouec ~ xwwwa. ryw..aM+nrr.~wm.) popr Yq awakaelnd•Mara U.0. A1D®PdNx6Y ~M~r~~) a aiwApla /a Maaar alYaa.) vw^ No ® +a ,A I « ) +a0aner ator ++pConstruction +s +a x Married +sMirisz Houck oeem°n•°"''"'"°1m°'s°°~a'r.c"r^°'".°,r"a~°e°°'~ oeceo°"' PannaYlvania n~^rw,e,«e..N.e~, ACTUAL 2309 Stafford Avenue ,,,P ~ +r. apM ~ °M'°'p°'.'a +., Scranton, Dann lvania 18505- mca.ar Lackawanna 1sx1°+°r va.®w'a. ~a Scranton ~,~„•. FA71~17 NAp! (Pp+L Iblaa. La+q 1p71a!'a HALE RL'+l. La+ra, INIIIn arnwr) +a. Michael Trotta. +a. Jos ' ne De3iaone wPOIELwrs NApC (ryPrnpa) wPOwuTrs LIAIU+o ADDRlp lapwL aPTarw, aNN. ap coop e.Miriaa (Houck Trotta sp.301 Center Street Ta for Penns lvania 13517- pE1liDDOPDI~DM~IO~~ waa (8 Qawaon ^ wrwa pan wra ^ uATEDPDwoenlON OA+aat Mr•YaN w+uerowroert,aN-wm.ac«nwrr.e,.rar «Oarr Pllaa touno~-nyra.~.wr..avua ° w ^0°a~°i°n ^ r ~ :,~ Jan 16, 200d r~Mar Ceaete „~Du ea, PA 136d2- s1ENATlal DPPUNO1ALaERVIClUCLIaIEEONPEIIaDNAC1N0ASeuC11 uceNeENUtaeeN NAAIEANDApDIVU60PPACalrY omas Barney unera ome m >m FD011659-L ,,,,517 North Main Street, Old Forge, Caappr ear a•w Te bramrpwWaEpa.awO am.,.araranr.ar. rr p.a. rr.a 11CB19E M#!6! GATE l10/® pd+wwrrw.wa+ranaaa+.na rr 7Na) 1waw,Dw,rwrl crllyarawd. >~ t+a. aac M a a TwE oP DEATH DATE PnaNOUHC®oEAOMawp. or. r..p wAS cAx ro Yw +~ la L P+l+aa >PanMr+w ,~ 4:15 PM s. Jan 12 2004 x O. MRTL E~YrMAwww.i~uM+«mngkabn dYtAewEMO.i~. Do nelaYrpw iroM AA+M.rAr,ad~c«a+pYral rar.Yp l«pw11Yr•. ~ NPapeY 1MTE: dr Wrfrr,anlar mpMigloMM. W., W ear aMaNaIwWIM. Tarr rr O+ap naliaiiYip Mtlr aarl/p9 u+a aMaab PAETL iwa«mawea (Plea ,w,wgr~ _0 a R c~S ' Ry LuRE ~ Q.~vS 'jYlE e2 d.,Z}Ir TF~' McLCr:~C DUE ro pR A6 A COIIIfOll01CE/~OP): ar waelwr 4 /a3 i'!/L r1'T,dA~ PN EKMN/~ iDr4Y ~ S!%ZCr /cF ~/S'O,a.o E'K '•~'s'"' DueTOroEASAwNewus+cEaP) r a.a.w Eap.uNmlLrwo eAUaE Plwr•rpfar ~ S W ADO [r 'N fi- ,Q SF A.ACTIC.aI ,' Y~PKS IaailEMarM) WT DuEro.IaDVn.Aw•~ACDNa[OU9ICE OP): • CdCS`YjDedY.f! GrP+t. ~CrOa ~ Arrr~S wA•ANAUraar wsleAUroPSVPworaa pWaa9loPDEATN DATeDPwawv 7ECDPw.Aatr wJIIRYATwOPI(7 DEwaaeeNOwwAaaocelwpEO. bs°~u®° ~C ~~~of TueE Nraa ® Nana,H+ ^ Wen~p.Dry. w.p Yw ^ No ^ ^ Pwaiq brwYlalwl ^ Aa+ENa ^ ^ 7a~ Yw ^ No ® rw ^ No ® Braa. Caw b M EMaMM p+w, rma. alalt Naa1• oAa LOCATION (Bp++L Caylrwr, e1N) La. flp. M prNNY. '~~) aaw Na. CFRIiER(CIMfk •+Er Cfw) aIOlUT1aE Of CER7lBt •ceafnw rermcun (NNpl~pp p~tlyYq cauw d da.n rfrn .wl,w gry,IrhD p.a a«+a•~«d aan sY+earolw.d Nam 27) dace eeeurad dw to Ma ew~p) and nrww r t1Mtl -_ __-__-___ ® Ta dw Daaa d my IawwlpAyp A' ~~""K'1 l9 „- , `PRONgINgNO AMD CER7FYwfi PNYBICMN (P11raIWI Dalh pmwriq daLlh and calEryYlE b caws d dsaEq ucs+eE 8 9 p3 L DATE (llaap. Dar. Y.r) -/3 -d To lha bd d wy lawawdy., a..w eaurad r w. un», dEb.,nd a•O•. and au. b ea eww.~s) and plralw aa.r~r __--__--.__ ^ - 7+t. 00 na, / AND ADdle~wvEaww wND eo+r+>=+ED CAUeE OP DEATH w®lcw OUMN6VWRONEIt ~m ~ Oa Ula baaN d aaaniwMlal awdlor p+vaatlpaY•n, b my •W+a•+4 d..dl «c+a+ad M Ew elw. drM, and PI•~•. a+d dw to dw ewwap) aI+O w,rlnwa..wa Dr Jaaes Sheerer ..--------------- ---------- ------------ ---- - --- ^ ,, ,,. Avoca 18641 enauTUaEwor.aEn ~151~ ~~ fLct~K-C~o PANT Pamoaa~wwr.vwn /- /3 ~C~ EXHIBIT "B" 3 ~ BE IT F~~MEMBERED THAT I~ JQHN TROTTA, of the Borough of Taylor, County of awanna and State of Pennsylvania, being of sound mind, memory understanding, do make and publish this any last Will and Testa- , hereby revoking and making void all former Wills and Codicils by t any time heretofore made.. AND to such estate as it has pleased God to entrust to me, spore of the same as follows, viz; ITEM I: I direct that my funeral be conducted in a er corresponding with my estate and situation in life and that my just debts and funeral expenses be fully paid and satisfied oon as conveniently may be after my decease. ITEM II: I give and bequeath my tangible personal cts, such household goods if any as may be my individual property not the property of my_wife or owned jointly by me with her, and r tangible personal property of like nature, together with any ting insurance thereon, to my wife, MIRIAM TR(3TTA, ?~f she survives Should my wife, MIRIAM TROTTA, not survive me, I give and bequeath tangible. personal property and effects (excluding, however, all r vehicles I may own at the time of my death) to such of my chil- namely, MARJORIE TOURVILLE, JEAN ANN TrdESSMAN, and JANET DEITRICK, ~,, > (SEAL ) survive mer to be divided among them by my personal representa- : with. due regard for their personal preferences in as nearly .l shares as practical, Any articles of tangible personal ~erty which my personal representative considers unsuitable for .ribution to my children may be sold and the .proceeds thereof :d to my residuary estate. My children's share of said tangible onal property shall be personal to them and shall not pass to r estates if they die before distribution is complete, but shall to my other surviving children. My personal representative may whatever arrangements are considered appropriate for storing or shipping to beneficiaries any tangible oersonal property, and take out of my residuary estate all related costs, including in- nce. ITEM III: All of the rest, residue and remainder of my te, whether the and nature, and th and devise to ld my said wife, due of my estate be done after my game be real, personal or mixed, of whatsoever wheresoever the same may be situate, I give, be- rry wife, MIRIAM TROTTA, if she survives me. MIRIAM TROTTA, not survive me, I direct that the be converted into cash as soon as conveniently decease, and the fund thereby created, I give, eath and devise to such of my children, namely, MARJORIE TOURVILLE, ANN WESSMAN, and JANET DEITRICK, as survive me, share and share e. Should any of my said children not survive me, I give, bequeath devise the share of such deceased child to such of her issue as ive me, per stirpes, and in default of any such surviving issue, 1 ~\ ... 1 ~7 ~~L~! / / ~ !1 T T T \ share of such deceased child shall be added to the shares of my r surviving children, per stirpes, ITEM IV; If, at the time of my death, my wife having eceased me, any of my children owe any balance on loans made by ife and me to said child or children, I~give and bequeath to said d or children the balance of her respective indebtedness and in~ st wh.ich is at the time of my death unpaid, and direct that my anal representative not collect any principal or interest due at lath on said loan or loans, and further direct that this provision L be effective in favor of the estate and heirs of any child who not survive me. ITEM V: For the purpose of construing the provisions of Will, I direct that a person designated as a beneficiary in this shall not be deemed to survive me and s~iall be deemed to have :ceased me if such person is not living on the thirty-first (31st) after my death. ITEM VI: The interests of the beneficiaries hereunder actually distributed, shall be free from anticipation, assign-- pledge or obligation of any beneficiary hereunder, and shall not bject to attachment, execution or other legal process. ITEM VII: Whenever pursuant to the provisions of this Will, r any part of any bequest shall be payable to a minor, I direct such sum or sums shall vest absolutely in him or her, and my i d `\:..`F, r ~ O/ (SFAT.1 onal representative may,. in said persona]. representative's dis- .ion, pay such property to a guardian of the m~;nor's estate, or ribute to and register such property in the name of any person ng as or who agrees to act as Custodian foY s`u~h minor under a orm Gifts to Minors Act, or deposit funds in a savings account avings certificate in the minorPs name, payable to the minor at rity. In any of the foregoing cases, my personal representative 1 have no further responsibility for the property paid or deposited. ITEM VIII: My personal representative shall, in addition to dowers given by law and by ether provisions of my Will, have the swing powers applicable to all property, whether principal or in- exercisable without Court approval and effective until actual ~ibution of all property: A. To retain as::an investment any asset owned by my death. B. To manage, operate, repair, alter or improve estate or other property, and to lease real estate and other :rty upon such terms and for such periods as my personal repre- itive deems advisable. C. To sell (and to grant options for the sale of) ~eal or personal property at public or private sale for such prices .pon such terms as my personal representative considers proper, ut liability on the purchasers to see to the application of the ,~ i ase money. i~ (SEAL) Da To employ attorneXs, aud~tors~ depositaries ~gents,• with or without discretionary powers, E, To collect pay, contest, compromise or abandon 1s of or against my estate wherever situated. F. To make.. partial distribution of the assets of state directly to the beneficiaries prior to the final settle- and distribution of my estate by my personal representative. amounts of such partial distributions and the time or times when :ame shall be made shall be entirely within the discretion of my anal representative. G. To make distribution in kind, or partly in kind partly in money. The judgment of my personal representative con- ng the value for the purpose of such distribution shall be bind- nd conclusive on all parties interested therein. H. To execute and deliver all instruments of writ- ecessary or appropriate for exercise of any powers, including uments containing covenants, representations;,and warranties bind- pon and creating a charge against my estate and containing pro- ns excluding personal liability. ITEM IX: I direct that all taxes that may be assessed in quence of my death of whatever nature. and by whatever jurisdiction ed,together with interest and penalties thereon, shall be paid my residuary estate as a part of the xpense of the administration estate . t f ~ ~ ~.d.-~---~-'_ ITEM X: I expressly direct that my personal representa-- shall not be required to enter bond or other security in any ~sdiction in which called upon to act in any fiduciary capacity. ITEM XI; AND I hereby nominate, constitute and appoint rife, MIRIAM TROTTA, Executrix (sometimes herein called personal ~esentative) of this my last Will and Testament. Should she fail .ualify or cease to act as Executrix, I appoint my daughter, 'ORIE TOURVILLE, Executrix of this my last Will and Testament. ld both my said wife and daughter fail to qualify or cease to act xecutrix, I appoint my daughter, JEAN ANN WESSMAN, Executrix of my last Will and Testament. IN WITNESS WHEREOF, I, JOHN TROTTA, the Testator, have to my Will written on six sheets of paper, set my hand and seal, ,; day of ,. , One Thousand Nine Hundred -~ /~` Eighty-one . (SEAL) Signed, Sealed, Publishec`f and Declared by the above-named tor, JOHN TROTTA, as and for his last Will and Testament, in the once of us, who thereupon, at his request, in his presence, and ie presence of each other, have hereunto subscribed our names as ~. asses thereto. 4 ~ ` ~,~ w., Name _ ~`~ ~-~ ~~ :~...~.....,/ ~::~ ---~-~t....__ s Address j L . ' ,' ~~.~.~u,:~ ~,,..~..,,,,; ~ =~r ~-~ ,:`~'~. Name Addr EXHIBIT "C" 1' 3. *'~ '1 '" .. w /~i's'!E/B~~A~1 ~oTtlrtf C0/~P E"3y~~~ G 19s ~ ~ ,~ ~ II a .~ i Sir.. ...- - ,........ ~,...,e~..«~...~......~..~.. i j ... .._.._~~ m:.- 9 ;.~ ~i ~G~ . ~~ ~` ¢~e~~ (g i ~., +91R~ k, i '~ ~ ~;4 1 i` ~, ~, -~~~. g ~,~ l .. ,+~~i _;~ ~ ~~ , '~"_', ~° ", (~ °~,- ///^^~ ~~\ ~:~'' _' 4 z 1 ;;.. '.a. ,~ ys~, ~ '"k~*~ . i . a~ '~ii~i ~~., 'yr ~~ ~~ ~ 4 ~ ~, `~ -~_~:~; rr=~:~. a~ `A~' Y., ~. f ~,. 4„.1 -Tt i ^~ v p ~~ ro~ ~' ~~ J HAROLD S. IRWIN, 111, ESQUIRE SUPREME COURT ID N0.29920 64 SOUTH PITT STREET CARLISLE, PA 1 T013 717-243-6050 ATTORNEY FOR PETITIONER 1" IN RE: ESTATE OF JOHN TROTTA, : IN THE COURT OF COMMON PLEAS OF deceased :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 8~ CIVIL TERM ORDER OF COURT NOW, this ~ day of ~ , 2007, on petition of Miriam E. Trotta, on motion of her attorney, Harold S. Irwin, 111, Esquire, and based upon the facts and documentation attached to petitioner's petition, a rule is hereby issued upon Commonwealth of Pennsylvania Department of Transportation to show cause why ownership of the subject 1957 Nash Metropolitan automobile (VIN No. E34661) should not be transferred to Miriam E. Trotta, and the ri ht, title and interest of any other erson to said vehicle extinguished. ~"`~ ~ ~ ~-~ J. ~~ ~~ ~~ ti c l 0 ~01 ~b 9 i 83~ t~OZ ~ti~10r"~v~flG~d ~Kt ~C} 3~i~~~ IN RE: ESTATE OF JOHN TROTTA, : IN THE COURT OF COMMON PLEAS OF deceased :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 0815 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE NOW comes the petitioner herein, Miriam E. Trotta, by her attorney, Harold S. Irwin, III, Esquire, with the consent of the Commonwealth of Pennsylvania, Department of Transportation, and presents this petition to make rule absolute, representing as follows: 1. On February 12, 2007, petitioner filed a petition requesting an order directing the Commonwealth of Pennsylvania Department of Transportation (hereinafter the "Department") to transfer title to a certain 1957 Nash Metropolitan automobile (VIN No. E34661), previously titled in the name of John Trotta, petitioner's deceased spouse, to petitioner. 2. Petitioner averred that the title to the vehicle has been lost, but attached to the petition was documentary evidence confirming ownership of the vehicle in the deceased, as well as a copy of his death certificate and last will and testament. 3. On or about February 16, 2007, this Court issued a rule upon the Commonwealth of Pennsylvania, Department of Transportation to show cause why the petitioner is not entitled to the relief requested, making the rule returnable twenty days after service upon the Department. 4. Service of the rule was made upon the Commonwealth of Pennsylvania Department of Transportation on March 15, 2007. The sender's receipt and signed receipt card are attached hereto as Exhibit "A". 5. Twenty days have passed since service of the Rule, but the Pennsylvania Department of Transportation has not filed any responsive pleading. Counsel for the Department has contacted counsel for petitioner by telephone, stating that the Department has no objection to the relief requested. r 6. Petitioner has attached to this petition an Order in the form suggested by the Department. 7. Petitioner is willing to submit to the Department the appropriate forms and fees and to comply with any other procedures of the Department in order to receive an appropriate certificate of title for the subject vehicle. WHEREFORE, your petitioner requests that your Honorable Court award ownership of the subject vehicle to petitioner by entry of an Order in t form attached to this petition. April 5, 2007 ~~~~ HAROLD S. IRWIN, II (ID N .29920) Attorney for Petiti er 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief. understand that false statements made herein are subject to the penalties of 28 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. Counsel is signing this verification since the petition adds no new facts that are not already of record other than the attachment of the letter from the Commonwealth of Pennsylvania Department of Transportation. April 5, 2007 HAROLD S. IRWI III Attorney for Petitio ~crsiirit~ (Domestic Mail Oi' ~i_ _ ... I-~- a ~: ~_ Postmark Here ~ Total Postage & Fees $ S ~ 1 ~ Sent To C] o / . or PO Box No. city stare,. z 4 , ~~ I O ~` Postage $ !T'I Certified Fee O 0 Return Reciept Fee (Endorsement Required) p Restricted Delivery Fee ~ (Endorsement Required) m ^ Complete items'~t, 2, and 3, Also complete item 4 if R6stricted Delivery is desired. ^ Print your name and address on the reverse so that we:can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C~'ORGF O~'~ ICS ~xar1+:30'I' 1 1 ~1 S T:~'?nIS ~?~3US ~A ; ~';' O~ CT3IF~' C7r"i ~~ S~'L ~'~0''~"' ST '31J~G P~ 1 71 ~~'-?~>1 5 A. Signature X COtlrrttpaweai~h Qf ~S ^ Agent ^ Addressee B. Recei by (Printed Name) C. Date of Delivery D. Is delivery address different frohiftaM 1 ~ 4J ~ If YES, enter del~'vgry ~~r~¢s_ gel~~pc>, ~ No Office o (;1'H l+(lU~t tl1 Vehicle b Traffic Law Division 3. Se ce Type 7~l~~ Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? {Extra Fee) ^ Yes 2. Article Number 7pQ4 135D DD[]3 7147 2233 (Transfer from service !at_, PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" (,., ~ ., -1 ;.~ _._ ~ C!1 ,- HAROLD S. IRWIN, 111, ESQ. SUPREME COURT ID N0.29920 64 SOUTH PITT STREET CARLISLE PA 17073 (717) 243-6090 ATTORNEY FOR PETITIONER IN RE: ESTATE OF JOHN TROTTA, : IN THE COURT OF COMMON PLEAS OF deceased :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 0815 CIVIL TERM AMENDMENT TO PETITION TO MAKE RULE ABSOLUTE NOW comes the petitioner herein, Miriam E. Trotta, by her attorney, Harold S. Irwin, III, Esquire, with the consent of the Commonwealth of Pennsylvania, Department of Transportation, and presents this amendment to her petition to make rule absolute, representing as follows: 1. Pursuant to Cumberland County Local Rule 208.3(a)(2), petitioner hereby amends her petition to make rule absolute by indicating that Judge Guido issued the rule upon which this petition is based. 2. Pursuant to Cumberland County Local Rule 208.3(a)(9), petitioner hereby amends her petition to restate that "more than twenty days have passed since service of the Rule, but the Pennsylvania Department of Transportation has not filed any responsive pleading. Counsel for the Department has contacted counsel for petitioner by telephone, stating that the Department has no objection to the relief requested." See paragraph five of the petition to make rule absolute. WHEREFORE, your petitioner requests that your Honorable Court award ownership of the subject vehicle to petitioner by entry of an Order in they form attached to this petition. April 12, 2007 HAROLD S. IRWIN, II (ID No. Attorney for Petitio r / i VERIFICATION The foregoing amendment is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 28 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. Counsel is signing this verification since all the facts therein are known to counsel. ~~ April 12, 2007 HAROLD S. IRWIN, II Attorney for Petitioner J i , r ~ NAROLO s. IRwIN, III, Es4 suPREME couRT to No. ~zo 04 souTN PITT STREET CARLISLE PA 17015 (717) S43~SOS0 ATTORNEY POR PETITIONER APR 0 9 z0o7 ~U IN RE: ESTATE OF JOHN TROTTA, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 -0875 CIVIL TERM ORDER OF COURT NOW, this ~1 day of , 2007, on petition of Miriam E. Trotta, and on motion of her attorney, Harold S. Irwin, III, Esquire, based upon receiving no objection from the Commonwealth of Pennsylvania, the documentation attached to petitioner's original petition and after reasonable notice to all parties, the Court hereby awards ownership of the subject 1957 Nash Metropolitan automobile (VIN No. E34661) to Miriam E. Trotta and the right, title and interest of any other person to said vehicle is hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation may accept this order as evidence of ownership in lieu of a Certificate of Title. The petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate certificate of title for said vehicle. J. l~ `' .. 0 `~ r ,~ ~ , ' .:, ~" , -~,~;~ :, ~ `,.~ ~~ r;-_