HomeMy WebLinkAbout02-1094PETITION FOR PROBATE and GRANT OF LETTERS
Estate of Otto 0. Shields Ne. ~~'~~ ~~~
also known as To:
Otto Shields Register of Wills for the
Deceased. County of Cumberland in the
Social Security No. 18 9 -18 - 6 2 7 5 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut r i x named
in the last will of the above decedent, dated S~ptembPr 7 , 19 94
and codicil(s) dated ~t~
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumberland County, Pennsylvania, with
h i s last family or principal residence at East Old York Road, Carlisle
PA 17013
(list street, number and muncipality)
Decendent, then $ ~- years of age, died October 2 4 ,~~9 2 0 0 2 ,
at Carlisle Re~,onal Medical Center
Except as follows, decedent did not marry, was not dtvorced and dtd not have a chtld born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at deatri owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Fa.l Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters t e s t ame~t a r y
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
theron.
.~~ t~fary A. Shields
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415 East Old York Road
Carlisle PA 17013
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~ ss
COUNTY OI! C,1r4BERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best at the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
bef r me this ~~ day of
~~~ Regis er
less than $5,000.00
.. -- - ~
A
...
cp
No. ~/- o~ - ioq~
Estate of OTTO 0 . SHIELDS ,Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~~~~ D9 2002 in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated September 7 , 19 9 4
described therein be admitted to probate and filed of record as the last will of
Otho 0. Shields
and Letters Testamentary
are hereby granted to T9 a r y A . Shield s
FEES
Probate, Letters, Etc.......... $
Short Certificates( ) .......... $
Renunciation ................ $
$
TOTAL $
Filed ...................................
Register of Wills t~
Patricia R. i3:~otiTn X27474
ATTORNEY (Sun. Ct. LD. No.)
10 [,lest Pomfret Street
Carlisle PA 17013
ADDRESS
717-249-3024
PHONE
his is to r_ertii~,~ rh~xt the ini~or(narion here given is correctly copied f~x~m an original certificat~c: or d; z,~ dui tied ~~°tl; (~~e s
Local R~ i;lrar. ~? he oll~ina;` ce;titicare will be. forwarded ro the State ~'ical Kecords Office for perrn~~n(.(~tf(,n~,.
WARNING: It is illegal to duplicate this copy by photostat ar photogru~~l,.
k=,~~ .r(,r this ccrnhcar~, y~.O0
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
NAME OF DECEDENT IFxg. Miyyla. LaRl
SE% S1RE fRE NUMBER
SOCIAL SECVRITY NUMBER
DATE Of DEATN,M«Vl
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+. Otho O. Shields :.Male ,. 189 - 18 - 6275 ,
,
.- October 24, 2002
AGE (Ug exyaayl UNDER , YEAq UNDER 1 DAY DATE OF BIRTH BUTfMPIACE (C.ry aM PLACE OF DEATN ICneCa orM one - +ee ~ngruClpy an alnN sbsl
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FATHER'S NAME IFig, Miyyla. Lagl crY+Dao.
MOTHER'S NAME (Fig, MgAe. Max1M 5«namel
,.. Jose h K. Shields „- Anna E. Noss
INFORMANT'S NAME (TYPa'PrMI INFOFMANT'S MNUNG ADDRESS ISCasI, City/fpwn. $yN. Zip Cpyrl
,D.. Ma R. Shields ~,,
415 E. Old York Road, Carlisle PA 17013
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REGISTRAR
S SMaNATURE AND DATE flLEDIMOnm.OaY. MMI
N.
LAST WILL AND TESTAMENT
OF
OTHO O. SHIELDS
I, OTHO O. SHIELDS, of South Middleton Township, Cumberland County, Pennsylvania, being
of sound mind and disposing memory and full legal age, hereby make, publish and declare this
instrument to be my Last Will and Testament hereby revoking and making all former Wills and Codicils
heretofore made by me.
ONE: I direct my Executrix to pay all of my debts, funeral and administrative expenses as soon
as may be done conveniently after my death.
TWO: I direct my Executrix to provide a traditional funeral service for me in keeping with my
station in life, with burial in the plots owned by me at Mt. Zion Cemetery, Monroe Township,
Cumberland County, Pennsylvania.
THREE: I give, devise and bequeath all estate of every nature and wherever situate to my wife,
MARY R. SHIELDS.
FOUR: In the event that my wife, MARY R. SHIELDS, and I should die simultaneously or
under circumstances as to render it impossible to determine who predeceased the other, or within thirty
(30) days of each other as the result of a common accident, my wife shall be deemed to have survived
me.
FIVE: If my wife, MARY R. SHIELDS, has predeceased me, I specifically give, devise and
bequeath the sum of Fifty Thousand and no/ 100 ($50,000.00) Dollars to my daughter, MARY ANN
BRYMESSER.
SIX: L~ my wife, MARY R. SHIELDS, has predeceased me, I give, devise, aiid bequeath all of
my estate of every nature and wherever situate as follows:
To my daughter, MARY ANN BRYMESSER, twenty-five percent (25%) of my estate, per
stirpes:
To my son, OTHO A. SHIELDS, twenty-five percent (25%) of my estate, per stirpes:
To my grandchildren, MICHAEL ALLEN BRYMESSER, REBECCA ANN VAN DER LINDEN,
JULIE ELAINE BRYMESSER and MATTHEW DOUGLAS BRYMESSER, twenty-five percent (25%)
of my estate, per stirpes;
. ,~
C~,~~ ~
To my grandchildren, AMY LYNN SHIELDS, born April 7, 1982 and STACY MARIE
SHIELDS, born January 16, 1984, twenty-five percent (25%) of my estate, per stirpes.
SEVEN: If at my death, my wife, MARY R. SHIELDS, has predeceased me and AMY LYNN
SHIELDS and STACY MARIE SHIELDS or either of them are less than twenty-one (21) years then
I direct that their share of my estate shall be place in TRUST to the FARMERS TRUST COMPANY
and SHELDON B. BRYMESSER, as CO-TRUSTEES, subject to the following conditions and
provisions:
A. Upon the creation of the Trust, the Trustees shall divide the Trust principal
into as many shares as there are beneficiaries under the age of twenty-one (21) years and
thereafter each beneficiary shall receive the income and principal solely from her portion
of the Trust.
B. Trustees shall hold the principal of each Trust for the benefit of AMY LYNN
SHIELDS and STACY MARIE SHIELDS and shall distribute the income in such
proportions as Trustees shall determine, for their health, maintenance, support and
education, including college, graduate level or professional education. Education shall be
defined broadly to include not only that available in college, but also trade school and
other similar training. In the event the income shall be insufficient to provide each
beneficiary with adequate maintenance, support, welfare or education, the Trustees may
invade the principal of their Trusts for this purpose. The Trustees, in exercising their
discretionary authority with respect to the necessity of making payments out of income
or principal of the Trust estate to each beneficiary, shall take into consideration any
income or other resources available from sources outside of the Trust that may be known
to the Trustees. The determination of the Trustees with respect to the necessity of making
payments out of income or principal to each beneficiary shall be conclusive on all persons
however interested in the Trusts. The Trustees shall accumulate and add to principal any
net income of the Trusts not paid out in accordance with the discretion herein above
conferred on the Trustees.
C. Upon the death of any beneficiary prior to the termination of her trust, the
Trustee shall distribute the principal and accumulated interest to her issue, if any, and if
none, to her sister.
n ~ ~~~
~~ C
D. The beneficiaries of these Trusts shall not have any right to alienate, encumber
or hypothecate their interest in the principal or income of their Trust in any manner, nor
shall their interest be subject to claims of their creditors or liable to attachment, execution
or other process of law.
E. In order to carry out the purposes of these Trusts established by this Will, the
Trustees, in addition to all other powers granted by this Will, or by law, shall have the
following powers over each Trust estate, subject to any limitation specified elsewhere in
this Will:
1) To retain any property, real or personal, received by the Trust
estate for as long as the Trustees consider it advisable.
2) To spend funds for the maintenance and repair of real property.
3) To sell at public or private sale, exchange or lease for a period
of time, any real or personal property and give options for sale of the
lease.
4) To execute and deliver any deeds, assignments or other
instruments as may be necessary to carry out the provisions of this Trust.
5) To borrow money and to mortgage or pledge any real or
personal property.
6) The Trustees shall maintain accurate records and accounts
showing receipts and disbursements of principal and income no less
frequently than annually. The Trustees shall receive fair and reasonable
compensation for administration of these Trusts.
7) To distribute property in kind.
8) To do all other acts that are in their judgment necessary or
desirable for the proper management, investment and distribution of the
Trust estates.
F. The trust estates shall be administered until each beneficiary is twenty-one (21)
years of age, at which time a calculation of the property and accumulated income
remaining in her Trust shall be made, and the total thereof shall be distributed to her.
EIGHT: I appoint my wife, MARY R. SHIELDS, to serve as Executrix of this my Last Will.
If she should predecease me, fail to qualify, or cease to serve as Executrix, I appoint SHELDON B.
BRYMESSER, to serve as alternate Executor in her place of this, my Last Will.
NINE: My Executrix may, at her discretion, compromise claims, borrow money, retain property
for such length of time as she may deem proper; lease and sell property for such prices, on such terms,
at public or private sales, as she may deem proper; and invest estate property and income without
restriction to legal investments.
TEN: All estate, inheritance and other death taxes, together with interest and penalties thereon
payable with respect to property or interests subject to taxation by reason of my death and passing under
my will or any codicil shall be paid out of the principal of my residuary estate without apportionment.
ELEVEN: No Executrix, alternate Executor or Trustee acting hereunder shall be required to post
bond or enter security in this or any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this5 ~".~ - q y day of
1994.
~,.L.Zw ~ •,~ -- ,---- a ------(SEAL)
OTHO O. SHIELDS
SIGNED, SEALED, PUBLISHED and DECLARED by the above Testator as and for his Last
Will, in the presence of us, who thereupon at his request, in his presence and in the presence of each
other, have hereunto subscribed our names as witnesses.
- ~ - ----------------
fitness ~~
Witness
_~,~/51~f_P~
Address
F
_ ~~,~~
__.~--~-~-`---- ------------------
Address
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
We, OTHO O. SHIELDS, ____ James J__Kayer________________ and
Patricia R . _ B r o wn__________________ the Testator and the witnesses, respectively, whose names
are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned
authority that the Testator signed and executed the instrument as his Last Will and that he signed
willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and
that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and
that to the best of each witness' knowledge and belief the Testator was at that time eighteen years of age
or older, of sound mind and under no undue constraint or influence.
Testator
_ -1-~--
itness
Witness
Subscribed, sworn to and acknowledged before me by OTHO O. SHIELDS, the Testator and
subscribed and sworn to before me by _ J am e s _J_ K a y e r ______ and _P a t r i c i a R_ B r o wn__,
witnesses, this __~ th __ day of _ S eft ember_____, 1994.
~ ^I
Notary Public
NOTARIAL SEAt-
DENISE SNIDER. NOTARY PUBLIC
CARLISLE BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES OCT. 28. 1096
Member, Pennsylvania Association of Notarlcs
CERTIFICATION Or NOTICE UNDER RULE 5.6(a)
Name of Decedent: OTHO 0. SHIELDS
Date of Death: October 24, 2002
Will No. 21- 0 2 -10 9 4 ,.Admin. No.
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 December 30, 2002
Name Address
Mary R. Shields, 415 E. Old York Road, Carlisle PA 17013
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
December 31 , 2002 ~ ~~,_ C_ '' ~`' ,.z.,
Date: L_._. ~`ti y'` y ~ ,..
Signature
Name Patricia R. Brown
Address 10 West Pomfret Street
Carlisle PA 17013
Telephone(~17) 249-3024
Capacity: Personal Representative
X Counsel for personal representative
FAMILY SETTLEMENT AND FINAL RELEASE
IN
OTHO O. SHIELDS
(File No. 21-02-1094)
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, Otho O. Shields. late of 415 E. Old York Road, South Middleton Township,
Carlisle, Pennsylvania, deceased, died testate on October 24, 2002,
WHEREAS, letters testamentary on the estate of the said decedent were duly issued by the
Register of Wills of Cumberland County, Pennsylvania, to decedent's spouse, Mary R. Shields,
hereinafter called personal representative;
WHEREAS, the said personal representative has gathered the assets of the estate of the said
decedent and the said assets consist of personal property to a total value of $10,954.82, as set forth in
Exhibit A, which is a statement of account of the said personal representative, and which is attached
hereto and made a part hereof, and marked Exhibit A;
WHEREAS, the payment of inheritance tax in the said estate amount to 0 percent, leaving a
balance for distribution of $3,985.16, also as set forth in the statement of the said personal
representative, which is attached hereto and marked Exhibit A;
NOW, THEREFORE, KNOW YE, that I, Mary R. Shields, being the heir under the last will and
testament of said decedent, and being that person entitled to inherit thereunder do hereby acknowledge
that I have this date had and received from the aforesaid personal representative in full satisfaction and
payment of all sum or sums of money, which is due me for distribution of the decedent's estate, and
which amount is in the amount set opposite my name in the table and schedule of distribution on said
statement attached hereto and marked Exhibit A:
AND, I do hereby stipulate that in order to avoid the expense and time involved in the filing of a
formal account and schedule of distribution, I agree that no account is necessary and I do hereby agree
that I do consent to distribution being made without the filing of an account and schedule of distribution,
Page 1 of 4
l~
the same to be with the same force and effect as if it had been filed and confirmed by the Orphans'
Court Division of the Court of Common Pleas ,Cumberland County.
THEREFORE, I, do hereby remise, release, quitclaim and forever discharge the said personal
representative, Mary R. Shields, her heirs, executors, and administrators and assigns, of and from the
said estate and from all actions, suits, payments, accounts, reckonings, claims, demands whatsoever for
or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of
said decedent, and I do further hereby covenant and agree that should any liability come due to the
estate of the said decedent after the signing of this agreement. I do hereby covenant and agree that I will
contribute pro-rata, my share of the estate to satisfy any and all claims demands, suits, or cause of action
which may be successfully prosecuted against the said estate or the aforesaid personal representative
after the signing, sealing and delivery of this Family Settlement Agreement and Final Release.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this .y ~ r.~. day of
2005.
Witness:
,-~,
~~---~~~~M~-,.,....~ l~ ~. `j~'t~-~~~ `y ; ~ ~V ~ - (SEAL)
MARY R. HIELDS
Page 2 of 4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
On this, the :~(~ day of ~,~- ~ 2005, before me, a notary public, the
undersigned officer, personally appeared M Y R. SHIELDS (known to me or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
ANN d. SENSENICN, NOTARY PUBLIC
CARLISLE BORO. CUMBERLAND COUNTY
~ MIS I ~ PIRES MAY 13 2007
Page 3 of 4
EXHIBIT "A "
STATEMENT OF ACCOUNT
OF
MARY A. SHIELDS EXECUTRIX
ASSETS:
A. Prudential Securities (Equiserve) $ 3,985.16
B. Prudential Financial Acct L ! ~ ,~ }
$ 6,969.66 ~ N" o :J F'~~,~? ~ ;. ~-
!- •'' . -
TOTAL ASSETS FOR DISTRIBUTION
$3985.16
Balance for Distribution to Heirs:
NAME
Mary A. Shields
$3,985.16
DISTRIBUTION
100%
Page 4 of 4
COMMONWEALTH Of PENNSYLVANIA
;DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
INt#RITA
C 'NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
N
E TAX DIVISION
Po sox zaobol OF DEDUCTIONS AND ASSESSMENT OF TAX
HARRISBURG PA 17128-0601
REV-1547 EX AFP (06-O51
DATE 08-22-2005
ESTATE OF SHIELDS OTHO 0
DATE OF DEATH 10-24-2002
fILE NUMBER 21 02-1094
PATRICIA R BROWN ESQ COUNTY CUMBERLAND
SALZMANN HUGHES ACN 101
P C APPEAL DATE: 10-21-2005
10 W POMFRET ST (See reverse side under Objections)
CARLISLE PA 17013 Amount Remitted
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE
----------------------- -~ RETAIN LOWER PORTION FOR YOUR RECORDS E-
--------------------
REV-1547 EX AFP (03-05) _______
-------------------------------
NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF SHIELDS OTHO D FILE N0. 21 02-1094 ACN 101 DATE 08-22-2005
TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
b. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
(1) .00 NOTE: To insure proper
(2) .00 credit to your account,
(3) .0 0 submit the upper portion
of this fora with your
( 4) . 0 0 tax payment .
(5) 3,985.16
(6) .00
(n 6,969.66
(8) 10,954.82
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9) .00
10. Debts/Mortgage Liabilities/Liens (Schedule I) (10). .0 0
11. Total Deductions (11) _(~0
12. Net Value of Tax Return (12) 10 , 954.82
13. Charitable/Governmental Bequests; Non-elected 9113 Trus ts (Schedule Jl (13) .DO
14. Net Value of Estate Subject to Tax (14) 10,954.82
NOTE: if an assessment was issued previously, lines 14, 15 andior 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate (15) 10,955.00 X 00 _ .00
16. Amount of Line 14 taxable at Lineal/Class A rate (16) •00 X 045 . .0 0
17. Amount of Line 14 at Sibling rate (17) .0 0 X 12 - .00
18. Amount of Line 14 taxable at Collateral/Class B rate (18) .00 X 15 - .00
19. Principal Tax Due (19)= .00
TAX CREDITS.
DATE ~ NUMBER I INTEREST/PEN PAID (-) I AMOUNT PAID
TOTAL TAX CREDIT .00
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE 0
* IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRE~f
FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY..BEa.DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
OFFICIAL USE ONLY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE
REV-1500 21-02-1094
DEPARTMENT OF REVENUE DEPT.
280601 HARRISBURG, PA 17128-0601 TAX RETURN RESIDENT DECEDENT
COUNTY CODE YEAR NUMBER
DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
~
z SHIELDS, OTHO O. 189-18-6275
W
O DATE OF DEATH (MM-DD-YY) DATE OF BIRTH (MM-DD-YY) THIS MUST BE FILED IN DUPLICATE
w
U 10/24/2002 6/3/1921 WITH THE REGISTER OF WILLS
W (IF APPLICABLE) SURVIVING SPOUSE'S NAME SOCIAL SECURITY NUMBER
D
Shields, Ma R.
211-52-2850
Q 1. Original Return ~ 2. Supplemental Return ~ 3. Remainder Return
H~
U a v
4. Limited Estate ~ 4a. Future interest Compromise
~ 5. Fed. Est. Tax Return Req'd
= O O
v a m X 6. Decedent Died Testate ~ 7. Decedent had Living Trust 0_ 8. Total number of SDB's
o_
Q
9. Lit'g'tion Proceeds Recd 10. Spousal Poverty Credit
11. Election to tax w/ Sec. 9113(A)
F- THIS SECTION IS REQUIRED. D'tRECT ALL CORRESPONDENCE AN D CONFIDENTIAL TAX INFORMATION Td:
w NAME: COMPLETE MAILING ADDRESS:
~ Patricia R. Brown, Esquire
~ FIRM NAME:
~ Salzmann Hughes, P.C.
~
O TELEPHONE NUMBER 10 W. Pomfret St.
,
U 717 249-3024 Carlisle, PA 170:1
1. Real Estate (Schedule A) (1) $0.00 OFFICIAL USE ONLY
2. Stocks and Bonds (Schedule B) (2) $0.00
3.Closely Held Corporation, Partnership or Sole-Prop. (3)
4. Mortgages & Notes Receivable (Schedule D) (4) $0.00
z 5. Cash, Bank Deposits & Misc. Personal Prop.(Sch.E) (5) $3,985.16 .
O
~
6. Jointly Owned Property (Schedule F) (6)
$0.00
Q ~ Separate Billing Requested
F-
a
Q
U
W
7. Inter-Vivos Transfers & Misc. Non-Propate Prop.
3. Total Gross Assets (total lines 1-7)
3. Funeral Expenses & Administration Costs (Sch H)
10. Debts of Decedent, Mortgage liabilities, & Liens
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
(s) $10,954.82
(9)
(10)
(11) $0.00
(12) $10,954.82
(13)
14. Net Value Subject to Tax (Line 12 minus Line 13) (14) $1 U,y54.tf1
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
z
O
15. Amnt of Line 14 taxable at the spousal rate,
a or transfers under Sec.9116(a)(1.2) $10,955 x.o_ (15) $0.00
~ 16. Amount of Line 14 taxable at lineal rate $0.00 x.045 (16) $0.00
0 17. Amount of Line 14 taxable at sibling rate $0 x.12 (17) $0.00
v 18. Amount of Line 14 taxable at collateral rate $0 x.15 (18) $0.00
F 19. Tax Due (19) $0.00
20 ~ CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
»BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH«
Deceuent's Complete Address:
STREET ADDRESS
415 E. Old York Road
CITY STATE ZIP
Carlisle PA 17013
Tax Payments and Credits:
1. Tax Due (1)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discounts
Total Credits (A+g+C) (2) $~•~~
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total InteresUPentalty (D+E) (3) $~•~~
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4)
Check box on Page 1 Line 20 to request a refund
5 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. (5A)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) $0.00
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPRO PRIATE BLOCKS
1. Did decedent make a transfer and: yeS n0
a. retain the use or income of the property transferred:
b. retain the right to designate who shall use the property transerred or its income:
c. retain a reversionary interest: or
d. retain the promise for life of either payments 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 disignation?
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 representative is based on all information of which preparer has any knowledge.
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN
DATE
ADDRESS
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE
lO W~Sf U o~~ /' "~ ~ ~~D/'~ DATE ~ /u3/u~_
ADDRESS ~ ~
10 West Pomfret Street. Carlisle, PA 17013
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. Sec. 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. Sec. 911 Firatr~ ~ v~~~i
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 reti the
only beneficiary.
For dates of death on or after July 1, 2000: ~ ~'~U
The tax rate imposed on the net value of transfers from a deseased child twenty-one years of age or younger at death to or for the use of a natur
or a stepparent of the child is 0 % [72 P.S. Sec. 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. Sec.
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. Sec.9116(a)(1.3)]. A sibling is defir
individual who has at least one parent in common with the decedent, whether by blood or adoption. ~ ~~~~
SCHEDULE E
CASH, BANK DEPOSITS AND
MISCELLANIOUS PERSONAL PROPERTY
ESTATE OF
FILE NUMBER
SHIELDS, OTHO O. 21-002-1094
(All property jointly-owned with Right of Survivorship must be disclosed on Schedule F)
ITEM DESCRIPTION VALUE AT DATE
NUMBER OF DEATH
Equiserve -Prudential Acct #3976-7970 $3,985.16
2 134 Shares @29.74 per share
TOTAL (also on line 5, Recapitulation) $3;985.16
SCHEDULE G
TANSFERS
ESTATE OF 21-02-1094
SHIELDS, OTHO O.
This schedule to be completed and filed if the answer of the question on the reverse of the cover is ves.
ITEM DESCRIPTION
NUMBER EXCLUSION TOTAL VALUE
OF ASSET DECD.%
INT DOLLAR VALUE
OF DECD. INT
1 Prudential Financial Acct # IRA 100.0% $6,969.66
AAC - R69117-17
2
TOTAL (also on line 7, Recapitulation) $6,969.66
SCHEDULE J
BENEFICIARIES
ESTATE OF
SHIELDS, OTHO O.
21-02-1094
ITEM
NUMBER NAME AND ADDRESS OF BENEFICIARY RELATIONSHIP AMOUNT OR SHARE
OF ESTATE
1 Mary R. Shields Wife 100%
415 E. Old York Road, Carlisle, PA 17013
2
3
4
ITEM (NAME AND ADDRESS OF BENEFICIARY I AMOUNT OR SHARE
NUMBER OF ESTATE
B. Charitable and Governmental Bequests:
TOTAL CHARITABLE AND GOVERNMENTAL BEQUESTS (also enter on line 13, Recapitulation) $0
JRD/June30,1992/17858
In Re: Estate ofOtho O Shields · ORPHANS' COURT DIVISION
Late of South Middleton Township ' COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY
Estate No.: 21-02-1094 ' PENNSYLVANIA
NO. 21-02-1094
NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A
HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE
Personal Representative: Mary Shields
Counsel for Personal Representative: Patricia Brown
Date of Decedent's Death: 10/24/2002
Date of Delinquency Notice: 08/11/04
The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in accordance
with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court
Division, Court of Common Pleas of Cumberland County, that neither the above named personal
representative nor the above named counsel for the personal representative have filed with the
Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule
6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12,
Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on April 30,
2004, and that the ten (10) day notice to file the Status Report has expired. Accordingly, in
accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned
requests that a Court conduct a hearing to determine whether sanctions should be imposed upon
the delinquent personal representative or counsel for the delinquent personal representative.
Date: 11/08/04
Glenda Farner Strasbaugh ~//'
Clerk of the Orphans' Court
Distribution: Personal Representative
Counsel for Personal Representative
Estate File
A hearing is scheduled for at in Courtroom No. 3. If the Status Report is filed prior to
the hearing date, the hearing will automatically be canCelled.~.
Geor~. H~ff~,
STATUS REPORT UNDER RULE 6.12
NameofDecedent: O-7-~c> O. ~ ~ J a ~O 5
Date of Death: ~o 22_~ / tv ,2j
Will No.: ~2 l-- c~)- -.- ! ~> q ctz Admin. No.:
Pursuant to Rule 6.12 of the Supreme Court Os>hans' Court Rules, t repo~t the
iu**o,~m~ with respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes ['-] No ~
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete: )tr~,~ c~, '~c2o&-
3. 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 [-]
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties
in interest? Yes [-] No [-]
c. Copies of receipts, releases, joinders and approval of formal or
info~-Tnal accounts may be filed with the Clerk of the Orphans' Court
and may be attached to this report.
Date: 2_~ ~'/ Signature
Name
(7/7~) ~V ¢- 302q'
Telephone No.
Personal ~ ~n~-~e ~f~t~x/~
Counsel for personal representative
FAMILY SETTLEMENT AND FINAL RELEASE
IN
OTHO O. SHIELDS
(File No. 21-02-1094)
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, Otho O. Shields. late of 415 E. Old York Road, South Middleton Township,
Carlisle, Pennsylvania, deceased, died testate on October 24, 2002,
WHEREAS, letters testamentary on the estate of the said decedent were duly issued by the
Register of Wills of Cumberland County, Pennsylvania, to decedent's spouse, Mary R. Shields,
hereinafter called personal representative;
WHEREAS, the said personal representative has gathered the assets of the estate of the said
decedent and the said assets consist of personal property to a total value of $10,954.82, as set forth in
Exhibit A, which is a statement of account of the said personal representative, and which is attached
hereto and made a part hereof, and marked Exhibit A;
WHEREAS, the payment of inheritance tax in the said estate amount to 0 percent, leaving a
balance for distribution of $3,985.16, also as set forth in the statement of the said personal
representative, which is attached hereto and marked Exhibit A;
NOW, THEREFORE, KNOW YE, that I, Mary R. Shields, being the heir under the last will and
testament of said decedent, and being that person entitled to inherit thereunder do hereby acknowledge
that I have this date had and received from the aforesaid personal representative in full satisfaction and
payment of all sum or sums of money, which is due me for distribution of the decedent's estate, and
which amount is in the amount set opposite my name in the table and schedule of distribution on said
statement attached hereto and marked Exhibit A:
AND, I do hereby stipulate that in order to avoid the expense and time involved in the filing of a
formal account and schedule of distribution, I agree that no account is necessary and I do hereby agree
that I do consent to distribution being made without the filing of an account and schedule of distributiOll,
'v
~=,J
Page I of4
O"'! '.\
'j'V ".....J
~,' '"'-;',";1
Q, C',,\ J l..,:'J!..
...6.,)1' ...oJ
jU
:jJ~'~.~~!ij j~'j
{~
the same to be with the same force and effect as if it had been filed and confirmed by the Orphans'
Court Division of the Court of Common Pleas, Cumberland County.
THEREFORE, I, do hereby remise, release, quitclaim and forever discharge the said personal
representative, Mary R. Shields, her heirs, executors, and administrators and assigns, of and from the
said estate and from all actions, suits, payments, accounts, reckonings, claims, demands whatsoever for
or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of
said decedent, and I do further hereby covenant and agree that should any liability come due to the
estate of the said decedent after the signing of this agreement. I do hereby covenant and agree that I will
contribute pro-rata, my share of the estate to satisfY any and all claims demands, suits, or cause of action
which may be successfully prosecuted against the said estate or the aforesaid personal representative
after the signing, sealing and delivery of this Family Settlement Agreement and Final Release.
IN WITNESS
rr-,A1
WHEREOF, I have hereunto set my hand and seal this ~day of
,2005.
Witness:
"-P~ "f>,~
'V)'\~ R. ~AL-
MARYR. HIELDS
(SEAL)
Page 2 of 4
COMMONWEALTH OF PENNSYL VANIA
SS.
COUNTY OF CUMBERLAND
d ~
On this, the c?r day of .~ , 2005, before me, a notary public, the
undersigned officer, personally appeared M Y R. SHIELDS (known to me or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
a><- -/1 ~~
Notary Public
- llENsEllIClf IlOTARI' I'U8UC
CARI.l8Ii BORG CUMBERlAND COUNTY
2
Page 3 of 4
EXHIBIT "A"
STATEMENT OF ACCOUNT
OF
MARY A. SHIELDS. EXECUTRIX
ASSETS:
A. Prudential Securities (Equiserve)
B. Prudential Financial Acc't {/ Iff'.)
$ 3,985.16
$ 6,969.66 (tV D,.J PR.:)(j "- -,-;;:
F!<:oPCf<-f'-/)
TOTAL ASSETS FOR DISTRIBUTION
$3985.16
Balance for Distribution to Heirs:
$3,985.16
NAME
DISTRIBUTION
Mary A. Shields
100%
Page 4 of 4
COMMONlIEAL THOFPEHNSYL VANIA
:DEPARTMENT OF 'REVENUE
1IDT1CE OF _","~.a.IMCE TAX
API'RAUEIIENT, ALLIIlIAIICE DR DISALLOlIANCE
OF DEDUCTIONS AND ASSESSHENT OF TAX
BUREAU OF INDIIIXDUAL TAXES
lHHERITANCE TAX DIVISION
PO BDX 288601
HARRISBURG PA 17128-0601
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
o8-ZZ-Zoo5
SHIELDS
lo-Z4-ZooZ
Zl OZ-1094
CUMBERLAND
101
APPEAL DATE: lo-ZI-Zoo5
( See reverse side under Objections)
Amount R_.i:t1:ed I I
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE _ RETAIN LOWER PORTION FOR YOUR RECORDS _
REY:is47-EX-AFP-coi:os'-NOTicE-OF-iNHERiTANCi-TAX-APPRAisEHENT:-ALLOWANCE-OR---------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
OTHO 0 FILE NO. ZI OZ-lo94 ACN 101
PATRICIA R BROWN ESQ
SALZMANN HUGHES P C
10 W POMFRET ST
CARLISLE
PA 17013
ESTATE OF SHIELDS
..
REY-!S47 EX AFP (06-05)
OTHO
o
DATE 08-ZZ-Z005
TAX RETURN liAS: (X) ACCEPTED AS FILED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Est.t. (Schedule A)
2. Stocks ~ Bonds (Schedule B)
3. Clo..ly Held StocklPartn.rship Int.rest (Schedule CJ
4. MortsJll8es/Notas Receivable (Schedule DJ
5. c.sh/Bank D.posits,"isc. PersORB1 Property (Schadule E)
6. .Jointly _ Property ISchedule F)
7. Tr8nsfers (Schedule G)
8. Total Assets
) CHANllED
11)
IZ)
(3)
14)
(,5)
(6)
17J
.00
.00
.00
.00
3.985.16
.00
6,969.66
(8)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expens.s/~. Costs/Misc. EKPBnSes (Schedule H) (9)
10. DebtslKortgage Liabilities/Liens (Schedule I) (10)
11. Total Deductions
12. Net Value of Tax Return
13. Ch8ritabl./Gover~nt.l Bequests; Non-elected 9113 Trusts (Schadul. JJ
14. "-t Value of Est.te Subject to Tax
I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect ~igures ~ha~ include ~he ~ata1 of ALL re~urns assessed ~a da~e.
ASSESSMENT OF TAX:
IS. Anount of Line 14 at SPousal rete (IS)
16. Amount of Line 14 taxable at Lineal/Class A rat. (16)
17. AIlount of Line 14 et Sibling rate (171
18. A.uunt of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
C D T :
NOTE:
T
+
DATE
NUH8ER
INTEREST/PEN PAID 1-)
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
.00
00
(11)
llZI
(13)
114)
10,955.00 X
.00 X
. DO X
. DO X
AIIOUNT PAID
TOTAL TAX CREDIT
BALANCE DF TAX DUE
INTEREST AND PEN.
TDTAL DUE
NOTE: To insure prop.r
credit to your account,
sub.it the upper portion
of this form with your
tex ...._t.
10,954.82
DO
10,954.8Z
.00
10,954.8Z
00 =
045 =
lZ =
15 =
.00
.00
.00
.00
.00
1191=
.00
.00
.00
.00
IF TOTAL DUE IS LESS THAN $1, NO PAYIIENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU "AY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FOR" FOR INSTRUCTIONS.)
STATUS REPORT UNDER RULE 6.12
Name of Decedent:
Otho o. Shields
Date of Death: 10/24/02
Will No.:
21-02-1094
Admin. No.:
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the
following with respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes [] No 0
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
3. If the answer to No. I is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes ]I: No 0 Filed Family Settlement Agreement
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties
in interest? Yes JKJ No 0
c. Copies of receipts, releases, joinders and approval of formal or
informal accounts may be filed with the Clerk of the Orphans' Court
and may be attsched to this report.
Date:.xPs/zoDs' ~~~ ~
Signature
Patricia R. Brown, Esq.
Name
10 West Pomfret Street, Carlisle, PA 17013
Address
A
;,J
<J'~O
717-249-3024
Telephone No.
O. .-2 Lid
"]. ,',
Capacity:
92 ~nv SOUZ
n Personal Representative
{] Counsel for personal representative
':' . '.--
:-,0 .32:I~JQ C3:JbDJ:Jc
w
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
n'-i;>{l.Iil~Cn "C'-'''E m NOTICE OF INHERITANCE TAX
BUREAU OF INDIVlDU"":\~~~j Ui r'v . !f APPRAISEHENT, ALLOWANCE DR DISALLOWANCE
~":~~T~:~~oIAX DIVISION ~ '. i ( OF DEDUCTIONS AND ASSESSMENT OF TAX
HARRISBURG PA 1712&-0601
08-22-2005
SHIELDS
10-24-2002
21 02-1094
CUMBERLAND
101
APPEAL DATE: 10-21-2005
( See reverse side under Objections)
A.ount Remitted I I
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CD COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE _ RETAIN LOWER PORTION FOR YOUR RECORDS -
REY:is47-EX-AFP-C03:0S'-NOTicE-OF-iNHERiTANCE-TAX-APPRAisEMENT:-ALLOWANCE-OR---------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
OTHO 0 FILE NO. 21 02-1094 ACN 101
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
2"" "1'~ e'n
nl)'" _, ," -' i
...':.:~ I', _'.J ,j U
',: 24
T'>-_'
rji
C~"
_L_'_.,','.
,'1: I
PATRICIl(:iRBROWN ESQ
SALZMANN HUGHES P C
10 W POMFRET ST
CARLISLE
~, '.
PA 17013
ESTATE OF
SHIELDS
DATE 08-22-2005
TAX RETURN WAS: (X J ACCEPTED AS FILED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estete (Schedule AJ
2. Stocks and Bonds (Schedule BJ
3. Closely Held Stock/Partnership Interest (Schedule C)
4. "ortgas.s/Notes Receivable (Schedule DJ
S. CashlBank Oeposits/Hlsc. Personal Property (Schedule EJ
6. Jointly Olmed Property (Schedule FJ
7. Transfers (Schedule G)
8. Totel Assets
J CHANGED
(11
(21
(31
(41
(51
(61
(71
.00
.00
.00
.00
3.985.16
.00
6,969.66
(81
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Hisc. Expenses (Schedule H) (9)
18. Dabts/Kcrtll_ Liabilities/Liens (Schedule II 1101
11. Totel Deductions
12. Net Value of rax R.turn
13. Charitable/Governnental Bequests; Non-elected 911~ Trusts (Schedule ~)
14. Net Value of Estate Subject to Tax
I~ an assessment was issued preViously, lines 14, IS and/or 16, 17, 18 and 19 will
re~lect figures that include the total of ~ returns assessed to date.
ASSESSMENT OF TAX:
15. A.ount of Line 14 at Spousal rate (IS)
16. Amount of Line 14 taxable at Lineal/Class A rat. i16}
17. AlIOUI1t of Line 14 at SibUng rate (171
18. Aaount of line 14 taxable at Colleteral/Class B rate (18)
19. Principal Tax Due
NOTE:
.00
.00
111)
(121
1131
(141
10,955.00 X
.00 X
.00 X
.00 X
'*
REV-15~7 EX AFP (D6~05)
OTHO
o
NOTE: To insure proper
credit to your account,
sublait the upper portion
of this fora with your
tax pay-.nt.
10,954.82
00
10,954.82
.00
10,954.82
00 =
045 =
12 =
15 =
.00
.00
.00
.00
.00
1191=
TAX CAED~T'"
rftonc" , '+J AIlDUNT PAID
DATE NUHBER INTEREST/PEN PAID (-J
TOTAL TAX CREDIT .00
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
~
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1. NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICRI, YOU HAY BE DUE
A REFUND. SEE REVERSE !;TnA:' nl:' TIITC" r,u,.u ""1'0'" ....~._-_.._--_._-