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HomeMy WebLinkAbout02-0468 Estate of FRANK G. MELVIN PETITION FOR GRANT OF LETTERS ;l.,J-/AJ ..."" No. also known as FRANK GREGORY MELVIN , Deceased Social Security No.208-38-7270 SUSAN E. MELVIN Petitioner(s), who islare 18 years of age or older, apply)ies) for: (COMPLETE "A" OR "B" BELOW:) Gl A. Probate and Grant of Lellers and aver that Petitioner(s) is/are the execut rix Decedent, dated 7/19/99 and codicil(s) dated None named in the Last Will of the State relevant circumstances, e.g., renunciation, death of executor, ete Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: o B. Grant of Lellers of Administration (c,l.a" d,b,n,c,l.a.: pendente lite, durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs; I Name Relationship Residence I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 1040 York Road, Monroe Township, DillsburQ, Pennsylvania 17019 (list street, number and municipality) Decedent, then 54 years of age, died May 4 ,2002 ,at 1040 York Road, DillsburQ, Pennsylvania 17019 (Location) Decedent at death owned property with estimated values as follows: (if domiciled in PA All personal property......................................... $ (if not domiciled in PA Personal property in Pennsylvania .................... $ (if not domiciled in PA Personal property in County.............................. $ Value of real estate in Pennsylvania ........................................................................................ $ Total ..................................................................................................................... $ 50,000.00 50,000.00 Real Estate situated as fOllows; Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: Typed or printed name and residence Susan E. Melvin 1040 York Road Dillsbur PA 17019 RW-1 17-{, 3.... 7 Oath of Personal Representative Commonwealth of Pennsylvania County of CUMBERLAND The Petitioner(s} above-named swear(s} and affirm(s} that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s} and that, as personal representative(s} of the Decedent, Petitioner(s} will well and truly administer the estate according to law. Sworn to and affirmed and subscribed before me this 13th day of May 2002 ~C'~~I"/~ MARY C. LEWIS ~i~~1 S . . MELVIN DECREE OF REGISTER Estate of FRANK G MELVIN also known as FRANK GREGORY MELVIN Deceased 21-2002-468 No. Date of Death: 5/4/02 2002 ,in consideration of the Petition on the Social Security No: 208-38-7270 May 14th AND NOW, reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters 1XI Testamentary 0 of Administration ((c.I.a., d.b.n.c.l.; pendente lite; durante absentia; durante minoriate) are hereby granted to SUSAN E, MELVIN in the above estate and that the instrument(s}, if any, datedJuly 19,1999 described in the Petition be admitted to probate and filed of record as the Last Will of Decedent. $ 12.00 $ $ $ $ $ $ $ FEES Letters .................................... $ 80.00 Short Certificates(s} .....L...... Renunciation .......................... Extra Pages ( 2 ) ............... I.T.R....................................... JCP Fee ................................. Inventory............................... . Other ...................................... !/Iff 1r;t 6.00 Signature " nn Attorney: Murrel R. Walters, III I.D. No: 24849 Address: 54 East Main Street MechanicsburQ Telephone: 717-697-4650 DATE FILED: May 14, 2002 PA 17055 103.00 TOTAL .............................$ CALL ATIDRNEY ON 5-14-2002 21-2002-468 LAST WILL AND TESTAMENT OF FRANK G. MEL VIN I, FRANK G. MELVIN, of the Township of Monroe, County of Cumberland and State of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this my Last Will and Testament, hereby revoking and making void any and all former Wills by me at any time heretofore made. 1. I direct the payment of all my just debts and funeral expenses as soon after my decease as the same can be conveniently done. 2. I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever the same may be situate, to my wife, SUSAN E. MELVIN, absolutely and unconditionally. 3. In the event that my wife, SUSAN E. MELVIN, should predecease me, or should she die within thirty (30) days from the date of my death, then in either of such events, I give, devise and bequeath my entire estate, of whatsoever nature and wheresoever the same may be situate, to my two (2) children, to wit, my son, FRANK G. MELVIN, II, - 1 - and to my daughter, CASEY L. MELVIN, share and share alike, per stirpes. LASTL Y, I nominate, constitute and appoint my wife, SUSAN E. MELVIN, Executrix of this my Last Will and Testament and in the event my said wife should predecease me, or should she be unwilling or unable to serve in such capacity for any reason, then in such event, I nominate, constitute and appoint my two children, the aforementioned, FRANK G. MELVIN, II and CASEY L. MELVIN, Co-Executors of this my Last Will and Testament, in her place and stead, and in all instances I direct that my said personal representatives be excused from posting bond or other security for the faithful performance of their duties in any jurisdiction.. 'jt, IN WITNESS WHEREOF, I have hereunto set my hand and seal this 71' day of July, A. D. 1999. (SEAL) Signed, sealed, published and declared by the above-named, FRANK G. MELVIN, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in th res nce f each other, have hereunto subscribed our names as witnesses. L~ d ry~7 -2- COMMONWEALTH OF PENNSYL VANIA) : SS COUNTY OF CUMBERLAND) I, FRANK G. MELVIN, the testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the same instrument as my Last Will and Testament; that I signed it willingly, and that I si it as my free and voluntary act and deed, for the purposes therein expressed. () IL-. (SEAL) " .! Sworn and subscribed to before me this /41'" day ofJuly, 1999. /7/ ~f f"~ NotarY Public NOlarial Seal , MIln' n E. Williams, Notary Public MeChan~rg Boro, Cumberland Cout'1ty My commission Expires Nov. 5, 2001 Memtter, Pennsylvama "il;oc.abOfl ot NllIirieS COMMONWEALTH OF PENNSYLVANIA) : SS OF CUMBERLAND ) /"~}lt i j' COUNTY We, the undersigned, J. ROBERT STAUFFER and SUSAN A. McCOY, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the testator, FRANK G. MELVIN, sign and execute the instrument as his Last Will and Testament; that the said testator executed it as his free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the testator, signed the Will as witnesses; and that, to the best of our knowledge, the testator was, at the time, eighteen (18) or more years of age, of sound m' d u er no constraint, duress or undue influence. Sworn and subscribed to before me this let fday ofJuly, 1999. (Jl~~ CZ0J~ Notary ubhc Not.lnal Seal 3 Mari!yn E, Williams, Notary Public - - Mechalllcsburg Boro, Cumbllrtand County My Commission Expires Nov. 5. 2001 Memller, Pennsytvania Association aI, Nolariel> eft CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: FRANK G. MELVIN Date of Death: May 4, 2002 Will No. 2002-00468 Admin. No. 21-02-0468 To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on September 18, 2002. Name Address Susan E. Melvin 1040 York Road Dillsburg, PA 17019 Notice has now been given to all persons entitled ther None Date: 9/18/02 .~ Murrel R. Walters, III, Esquire 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 Capacity: _ Personal Representative "~: _X_Counsel for personal representative PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF THE STATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED, FILE a 6.12 FORM YEARLY UNTIL COMPLETION STATUS REPORT UNDER RULE 6.12 Name of Decedent: FRANK G. MELVIN Date of Death: May 4, 2002 Estate No.: 21-02-0468 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court roles, I report the following with respect to completion of the administration of the above-captioned estate: State whether administration of the estate is complete: Yes ~/' No. If the answer is No, state when the personal representative reasonably believes that the administration will be complete (date) o If the answer to No. 1 is yes, state the following: A. Did the personal representative file a final account with the court? Yes No ~ Bo The separate Orphans' Court No. (if any) for the personal representative's account is: (Not Applicable in Dauphin County) Date: Co' Do Did the personal representative state an account informally to the parties in interest: Yes ~" No Copies of receipts, releases, joinders and approvals of form)t/or informal accounts may be filed with the Clerk of the Orphans' Co/irt and may be attached tO this report. MURREL R. WALTERS, III, ESQUIRE 54 East Main Street Mechanicsburg, PA 17055 717-697-4650 Capacity: Personal Representative Counsel for Personal Representative ~EV-1500 EX + (6-00) 0 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) MELVINp FRANK G. DATE OF DEATH (MM-DD-Year) I DATE OF BIRTH (MM-OD-Year) 05104/2002 I 0711011947 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) MELVINr SUSAN E. OFFICIAL USE ONLY FILE NUMBER 2 '1 -0 2 0 4 6 8 SOCIAL SECURITY NUMBER 2 0 8 - 3 8- 7 2 7 0 THCS RETURN MUST BE FILED IN DUFLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER . · m· ·-· ~'] 1. Original Return -']4. Limited Estate r'~-] 6. Decedent Died Testate (AU·ch copy of W~,) r--] 9. Litigation Proceeds Received 1~12. Supplemental Return E]4a. Future Interest Compromise (date of de·Ih after 12-12-82) E:]7. Decedent Maintained a Living Trust (Attach copy all'rust) E~ 10. Spousal Poverty Credit (date of deam baleen 12-31-91 and 1-1-95) --]3. Remainder Return (dale oldea~hl;~io~to 12-13-82} D5. Federal Estate Tax Return Required t 8. Total Number of Safe Deposit Boxes E~I 1. Election to tax under Sec. 9113{A) (Attac~ Sch O) THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: COMPLETE MAILING ADDRESS NAME MURREL R, WALTERS III ESQ FIRM NAME (ll/~oplicable) TELEPHONE NUMBER 7'171697-4650 54 EAST MAIN STREET MECHANICSBURG PA '17055 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mortgages & Notes Receivable (schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (5) (Schedule E) 6. Jointly Owned Property (Schedule F) {6) D Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probata Property (7) (Schedule G or L) 8. Total Gross Assets (total Unes 1-7) 9. Funeral Expenses & AdministralJve Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 35p500.00 OFFICIAL USE ONLY (8) '11 ~893.00 (11) (12) (13) 35~500.00 11~893.00 23~607.00 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 23~607.00 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount o! Line 14 taxable at the spousal tax rate, or Iransfers under Sec. 9116 (a)(1.2) 23p607.00 X .00 (15) O.OO 16. Amount of Line 14 taxable at lineal rate x (16) 17. Amount of Line 14 taxable at sibling rate X .12 (17) 18. Amount of Line 14 taxable at collateral rata x ,15 (is) 19. Tax Due (19) 20. > · BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH Decedent's Complete Address: STREETADbRESS ~'040 YORK ROAD CITY DILLSBURG STATE PA ZIP 17019 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount Interest/Penalty if applicable D. Interest E. Penalty (1) Total Credits ( A + B + C ) (2) Total Interest/Penalty ( D + E ) (3) If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (SA) B. Enter the total of Line 5 + EA. This is the BALANCE DUE. (ED) Make Check Payable to: REGISTER OF WILLS, AGENT 0.00 0.00 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ........................................................................... [] [] b. retain the right to designate who shall use the property transferred or its income; ........................................[] [] c. retain a reversionary interest; or ...................................................................................................... [] [] d. receive the promise for life of either payments, benefits or care? ............................................................. [] [] 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................................................................................... [] [] 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ................. [] [] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ....................................................................................................... [] [] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal re~entative is based on all infermation of which preparer has any knowledge. SIGNATURE I~5-ERSO~N RESPOi~/&IBLf~. F~)I~ FIl.,lflS RET, U'RN DATE ADDRESS SUSAN E. MELVI,N / 1040. YO~J~_,K R~..~DI¢'SBURG PA 17019 1218103 ADDRESS MU~REL R.t, WALTERS 54 EAST MAIN STREET; MECHANICSBURG PA 17055 For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. {}9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. {}9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. §9116(1.2) [72 P.S. {}9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. {}9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1511EX + (1-97)~, ~ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF MELVIN. FRANK (~. Debts of decedent must be reported on Schedule I. FILE NUMBER ;Z1 02 ITEM NUMBER DESCRIPTION AMOUNT FUNERAL EXPENSES: MALPEZZI FUNERAL HOME MECHANICSBURG GINGRICH MEMORIALS HEAD STONE ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative (s) Social Secudty Number(s) / EIN Number of Personal Representative(s) Street Address City State Year(s) Commission Paid: Attorney Fees MURREL R. WALTERS III ESQ Family ExempUon: (If decedent's address is not the same as claimant's, attach explanation) Claimant Zip Street Address C~ty State Zip Relationship of Claimant to Decedent Probate Fees CUMBERLAND COUNTY REGISTER OF WILLS Accountant's Fees Tax Return Preparer's Fees 8,500.00 2,800.00 480.00 113.00 TOTAL (Also enter on line 9, Recapitulation) $ 11 ~893.00 (If more space is needed, insert additional sheets of the same size) REV-1508 EX + (1-97}.* ~ COMMONWEALTH OF PENNSYLV,~glIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER MELVIN, FRANK ~, :~1 02 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly.owned with the right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. 2,500.00 1972 SEA RAY MOTOR BOAT WITH GATOR TRAILER SALE PRICE 2001 FORD F-250 TRUCK SALE PRICE KABOTA TRACTOR WITH TRAILER SALE PRICE 21,000.00 12~000.00 TOTAL (Also enter on line 5, Recapitulation) $ 35~500.00 (If more space is needed, insert additional sheets of the same size) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF MELVIN, FRANK (3, NUMBER II. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a)(1.2)] SUSAN E. MELVIN 1040 YORK ROAD DILLSBURG, PA 17019 FILE NUMBER RELATIONSHIP TO DECEDENT Do Not List Trustee(s) WIFE AMOUNT OR SHARE OF ESTATE 100% B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ (If more space is needed, insert additional sheets of the same size) NON-TAXABLE DISTRIBUTIONS: a. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DTVZSION DEPT. 280601 HARRISBURG, PA 17118-0601 COHHONWEALTH OF PENNSYLVANIA DEPARTHENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAZSENENT, ALLO#ANCE OR DZSALLONANCE OF DEDUCTIONS AND ASSESSNENT OF TAX HURREL R WALTERS III 54 E HAIN ST HECHANICSBURG ESQ PA 17055 DATE ESTATE OF DATE OF DEATH FZkE NUHBER COUNTY ACN R£V-1547 EX AFP (OZ-OS) 02-02-2004 HELVIN 05-04-2002 21 02-0468 CUHBERLAND 101 FRANK G HAKE CHECK PAYABLE AND RENZT PAYNENT TO: REGISTER OF WILLS CUHBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THZS LINE ~ RETAZN LOWER PORTION FOR YOUR RECORDS ~ REV-1547 EX AFP (01-03) NOTICE OF ~NHERZTANCE TAX APPRAZSEHENT, ALLOWANCE OR ESTATE OF HELVTN DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX FRANK GFZLE NO. 21 01-0468 ACN 101 DATE 02-02-2004 TAX RETURN NAS: (X) ACCEPTED AS FILED RESERVATZON CONCERNING FUTURE INTEREST - SEE REVERSE ( } CHANGED APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schadula A) (1) 2. Stocks and Bonds (Schedule B) (2) $. Closely Hald Stock/Partnership Interest (Schadula C) ($) fi. Hortgagas/Notes Receivable (Schedule D) $. Cash/Bank Deposits/Nisc. Personal Property (Schedule E) ($)_ 6. Jointly Owned Proparty (Schedule F) (6) 7. Transfers (Schedule G) (7) 8. Total Assets APPROVED DEDUCTIONS AND EXEHPT~ONS: 9. Funeral Expensas/Adm. Costs/Nisc. Expenses (Schedule H) (9) 10. Dabts/Nortgaga Liabilities/Liens (Schedule Z) (10) 11. Total Daductions 12. Net Valua of Tax Return · 00 .00 3s,soo.oo .o0 .00 11,893. O0 (11) . NOTE: To insura proper credit to your account, submit the upper portion of this fore with your tax PaYeant. 35,500.00 ]] .B93. O0 23,607.00 (12) 15. Charitable/Governmental Bequests; Non-elected 9115 Trusts (Schedule J) (15) .00 14. Nat Value of Estate Sub~act to Tax (lq) 23,607.00 NOTE: Z~ an assessment ~as issued previously, lines 1~, 15 and/or 16, 17, 18 and 19 reflect figures that include the total of ALL returns assessed to date. ASSESSHENT OF TAX: 15. Amount of Line 14 at Spousal rate (15) 23,607.00 X O0 = .00 16. Amount of Line 1~ taxable at Linaal/Class A rata (16)= .00 X 045 = .00 17. Amount of Lina 14 at Sibling rate (17) .00 X 12 = .00 18. Amount of Line 14 taxabla at Collateral/Class B rata (18} .00 X 15 = .00 19. Principal Tax Due (19)~ .00 INTEREST/PEN PAID (-) TAX CREDTTS: PAYIIENT DATE RECEIPT NUNBER ZF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDZT/ONAL INTEREST. ANOUNT PAID INTEREST AND PEN. ~ . O0 TOTAL DUE ~ . O0 ( IF TOTAL DUE 1S LESS THAN $1, NO PAYHENT ZS RE~U/RED. A REFUND. SEE REVERSE SIDE OF THIS FORH FOR ZNSTRUCTIONS) ~)'