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HomeMy WebLinkAbout07-20-06 (I Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS Estate of Robert Leroy Smith also known as Robert L. Smith No. To: OJ ! ,..,.(. l ,.. i '- 'I. (. c. , Deceased Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 178-07-7513 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will of the above decedent, dated Februaty 20th ,20 01 and codicil(s) dated January 172006 (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h_last family or principal residence at 824 Lisburn Road Apt. 241, Camp Hill Pennsylvania (list street, number and municipality) County, Decedent, then ~ years of age, died July 10 , 20~, at 9:57 PM Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: 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 situated as follows: $ 1,250,000 $ $ $ None WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) thereon. .. S~)OfP:rn:~ ,I ;,IJ. z: .__..t. Residence(s) ofPetitioner(s) 50 Dubbers Drive, Etters Pa. 17319 Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYLVANIA } ss: 17 'is (; -i7YL3 COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affmn(s) that the statements in the foregoing petition are true'"-and correct to the best of the knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affmned and subscribed Before me this ,)..,c ,'~~\~ I d ,:~U l. [It;.~Kl. I' { day of , 20 6 L(! { 1 ~~J~ :( A~~ r.n. ciQ' :l "" 2 .... A ~ )1{1IJ\ ..j ~. "I.('-..J{C< ,(,.,,-< Register /l',j(~ . (:lJ.. r) . N o.;U - () (V ['(0 ') I Estate of .s 1'\\..i4.h (0, b;,{ J~ Lv rr~r Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ,j., 0 ji.A..\~ 2oQ:k, in consideration of the petition on the reverse side hereof, satisfactory pr90fhaving be presented before me, IT IS DECREED that the instrument(s), dated ,....~ b ~ i ).itl i. " J /,).1 !... (c . ' described therein be admitted to prob~te filed ohpcord as the last will of t t /) 7-\ 1,( i ~ ...it.., U )1..< L. ; and Letters are hereby granted to .2) ~,~'-tIJ L"rP :f{~j 1_ . ',\, kc r--' (C-Yt( \.Il..i \ jJ I I{,_..J-t.. '-{II,- Register of Wills iJi:j {"J' (].( r~ FEES Probate, Letters, Etc. ............. $ $ $ $ $ Automation Fee................... $ $ $ 20 0 (r '6" Ie . (c: ) '')" C C !::,-. C. C .)1. . C ( ,''; .C( Will............................. .... Rcnunciation-... LrA j.{. \ .1. . . . . . . Short Certif}.cates ('.>-) ............ J CP . . . .:. . . . rh... ~ t,;.; . . . . . . . . . . . . . . . . .. Attorney (Sup. Ct. LD. No.) Address Bond............................. .... Total 7hc. I <;:'_,'- 1-(' '..J f) v Filed Phone -). i f' l \.\.- \L '\ 1 \ I ri ;ITl 1;"J ~ I q~d \ ; \ < II ;.1'.- WARfW'JG' iliegai to d this copy oy ohotostal (11 ;,;>i/,'.';u U'/vn.... ' , /-(~",'. .!,~:J."V:4;" p 12625582 ((~~~I \~~~f;:;}'';>'/ JUL 13 20Q6 c. 1 Rev_O:I06 'PRINT IN ~ANENT CK INK 1 Name 01 Decedent (f:lrsl, middle, last) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER 91 3. Social SeclJrrty Number d Gate of Death (Morllh. day. year) 178 07 10,2006 I ~_~~-...J I I 5. Age (Lastblr,hdayl 8. Birth lace C v" Harrisbur Home o Residence 0 Other - Speclfr. 10. Race: !l.meric;;n Indian, Black. While, e~c (Specify) white 8b CoulltyofDeath Cumberland Lower Allen Twp. 824 Lisburn Rd.,Apt.241 11 Decedenl'S Usual Ocell alio" Kind 01 work done durin most of wOlkin lile, do nol slate retired Kind 01 Wor~ Kind of Business/Industry salesman CLO life insurance 16 Decedent's Mailing Address (Stree\. Cltyl"OWI1, slale, zip code) 824 Lisburn Rd.,Apt.241 Camp Hill,PA 17011 12 Was Decedenl ever in the US 13 Decedenl's Education S eei on hi hesl rade co leled Armed Forces? /' ElemenlaryISecondary(O-12) College (1-4 or5+) o Yes ~ 1 2 4 Decedenl's Actual Residence 17a_ State__P~enns_~_lY_an_Lg____ 14, MaritalSlalus marr ed 15_ Surviving Spouse (lfwite. give maiden name) IsabelleJefferie~ 17bCounty___ Cumberland Did Decedent Liveina Townsh~? 17e Yes. Decedenllived in. ._Low_er---.AJL..e.Jl____ I Two i I i City/Bo'D I I I i i -----------1 17d,O 18 Falher's Name (First, middle. lasn Leroy Smith 19, Molher's Name (First mictele. maiden surname) Bridget Della Keville 120Fl informanl's Name (Type/print) Gregory L. Smith 20b Informant's Mailing Address (Street cityllown. slate, zip code) 50 Dubbers Dr. Etters,PA17319 tems 23a-c only when certilying physician is nOlavailable al lime of death 10 certify cause oldeath ,. Ilems 24-26 must be compleled by person .. who pronounces dealh t!A~-<...c 23a To the besl 01 my knowledge, death occurr 21b Date of Dispos~ion (Month, day, year) 21aMeihodotDisposniOV o BUllal VCremation 0 Removallrom Slale o Other- Specify: ure of Funeral Service licensee (or person ading as such) 13,2006 21c_ Place of Disposition (Name or cemetery, crematory or olher place) Con-O-Lite Crematory 21d_ Location (Crtyllown. slale. zip code) 1 7088 chaefferstown,PA 22b, license Number FD-013163 22c. Name and Address of Facility usselman FH&CS,324 Hummel Ave.,Lemo~~8~~A 23b_ License Number 23c. Date Signed (Month, day, year) '1 '.S- 25 Dale Pronounced Dead (Monlh. day, year) 76 Was Cas9 Reterr~lo.a Medical ~inerfCorone(l ;;Y1"eP'J {o.:J?<-V/. I~ 0 24_ TimeolDealh item27 Part I : Approximateinlerval : onset 10 dea1h Part II 28 Did Tobacco Use Contribute to Dea1h? DYes 0 Probablv o No 0 Unlmown Entel only one caLlSe on a line IMMEDIATE CAUSE (Final disease or condition resul\ing in deal h) -'7 a III \..J~\:i._L01LC.\t..:.lIL~..cl..._.....G...Cu.. (\S:' nue to (or as a co~equence 00: () ~ Oueto(orasa consequence 00 29. If Female o o PregnanlFlttlmeofdeath o 1 year Due to (or as a consequence 00 DYes ~' DYes 0 No 31 Manner ealh Natural 0 Homicide o Accidenl 0 Pending lrwesligalion o Suicide 0 Could Nol Be De1ermined 32a Oate01 InllJry(Month,day. year) 32f If Transporlalion Injury (Specity'J o DnverJOperator 0 Passenger o Pedestrian 0 Other - Specify. 33b_ SignallJreandTrlleofCerlifier -', /C:J~- /'2. / <;-.:::.C./ 33c. License Number . _- I, 'j iOQ \ C1'l 55 t. 32g. Location (Street.crtyl1own, stale) J; 30a. Was an Autopsy 30b Pcriormcd'l Available of Cause of Death? 32b Describe how Injury Ckcurred' 32c 32d_ Time 01 Injury M 333 Certifier (check only one) Certifying physician (P\lysician certifym!j cause of death wherl anolher physk:iarl has pronounced dea1h and completed Item 23) To the best of my knowladge, death occurred due to the cause{s) and manner as stated ...... ... ..UUh".............h............................................ ...........................................0 Pronouncing and certifying physician (Physician both pronouncmgdealhand certifying 10 cause of death) To the best of my knowledge, death occurred at the lime. date, and place, and due to the cause{s) and manner as stated.. ... . ..........._......... ..............0 Medical examiner/coroner On the basIs of examination and/or investigation. in my opinion, death occurred at the time, date, and place, and due to the cause{s} and manner 3$ stated.. .....0 33d Date Signed (Mon1h. day. year) ,Jidy 1.,;;'/ dt"'c' ,c 1021 /1 ~ / 1 /1 't1C 34 Name and Address of Person Who Completed Cause of Death (Item 27) TypeIPrint """"S:)...(..,.....'::. T\ T\..\ (\0.."_ ~ \. V)'\. () \ C>i, U;:~\.. \~ 3-1-(.."'-'" , t" 'f- (See instructions and examples on reverse) LAST WILL AND TESTAMENT OF ROBERT L. SMITH I, ROBERT L. SMITH, of Camp Hill, Cumberland County, Pennsylvania, being of sound mind and disposing memory, though I realize the uncertainty ofthis life, I have full confidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross for my sins and in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on the cross for me I have eternal life, do hereby make this Will, hereby revoking all my former Wills and Codicils: Article One: Tangible Personal Property: S 1.1 I bequeath all my tangible personal property in accordance with the terms of a personal property memorandum I may prepare. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the Executor shall be held harmless for distributing such property as hereinafter provided. ~ 1.2 I bequeath such property not disposed of by such memorandum, or all of such property if no such memorandum is located or received, to my wife, Isabel Jefferies Smith, if she survives me. If my wife does not survive me, I bequeath all my tangible personal property to my children, per stirpes, to be divided between them in as nearly equal shares as possible. My three children are Ronald 1. Smith of Allentown, P A; Gregory 1. Smith of Etters, P A; and Barbara S. Dorsch ofCatonsville, MD. If there is any disagreement between them, the decision of my Executor shall be final. Any items not wanted shall be sold and the proceeds shall pass under Article Three, hereinafter. S 1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on .such property to the beneficiary entitled to such property. 91.4 I direct that the expenses of storing, packing, shipping, insuring and delivering 1 any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. Article Two: Specific Bequests: S2.1 I bequeath Five Thousand ($5,000.00) Dollars to each of my grandchildren named hereinafter, who survive me: Jennifer S. Santoloci, Stephanie Smith, Christine Smith, Tricia Smith, Erin Dorsch, Andrew Dorsch, and Beth Dorsch Deal. S2.2 In as much as my wife and I entered into a prenuptial agreement before we married, and in as much as she has an income and assets of her own, she is not looking to my estate for her maintenance and support. Furthermore, the prenuptial agreement provides for her to continue to live in my house for as long as she is able to do so. However, because I love her very much, I wish to provide additional income to her by means of a charitable gift annuity as follows: I give Two Hundred Thousand ($200,000.00) to the Evangelical Lutheran Church in America, a Minnesota non- profit corporation, located in Chicago, IL, c/o the ELCA Foundation, to establish a charitable gift annuity for my wife, Isabel Jefferies Smith, whose birthdate is February 7, 1918, and social security number is 160-16-9170. The interest shall be payable to my wife at the rate of seven percent (7%) per year. The remainder of the charitable gift annuity should be distributed upon Isabel's death as follows: Seventy-five percent (75%) to Lutheran World Relief, Baltimore, MD; and Twenty-five percent (25%) to Grace Lutheran Church, Highland Park, P A to be used by the church for programs to feed the poor. I suggest that this gift to Grace Lutheran Church be distributed by the church to such agencies as the American Red Cross, the Central Pennsylvania Food Bank, the Bridge, the Ecumenical Food Pantry, and the Salvation Army. If my wife, Isabel, does not survive me, this bequest shall lapse and the charitable gift annuity shall not be established. Article Three: Residue: S 3.1 I bequeath and devise all the residue of my estate, of whatever nature and wherever situated, including any property over which I have a power of appointment, to be divided and distributed as follows: 93.2 One third of the residue of my estate shall be distributed to the Evangelical Lutheran Church in America, a Minnesota non-profit corporation, located in Chicago, IL, c/o the ELCA Foundation, for the Ronald L. Smith Charitable Trust, dated February 15, 2001, for the 2 benefit of my son, Ronald 1. Smith. If Ronald 1. Smith does not survive me, this share shall not be placed in the Ronald 1. Smith Charitable Trust. The share shall instead be distributed as follows: S3.2.1 Ten Thousand ($10,000.00) Dollars to my granddaughter, Jennifer S. Santoloci, if she survives me; and S3.2.2 Ten Thousand ($10,000.00) Dollars to my granddaughter, Stephanie Smith, if she survives me. 93.2.3 All of the rest of this share shall be divided between subparagraphs ~3.3 and S 3.4 hereinafter. 93.3 One third of the residue of my estate shall be distributed to my son, Gregory L. Smith, per stirpes; and 93.4 One third of the residue of my estate shall be distributed to my daughter, Barbara S. Dorsch, per stirpes. Article Four: Provision for Debts and Expenses: 94.1 I direct that any of my legally enforceable debts, any expenses of my last illness, and funeral arrangements, and any of the administrative expenses of my estate shall be paid from the principal of the residual portion of my estate disposed of by Article Three of this Will. Article Five: Appointment of Fiduciaries: S5.1 I appoint my son, Gregory L. Smith, as Executor of this Will. If Gregory 1. Smith is unable or unwilling to serve or continue to serve, for any reason whatsoever, I appoint my friend and attorney, S. Berne Smith, of Camp Hill, PA, as first, contingent Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may be. Article Six: Powers of Fiduciaries: S6.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. 96.2 Any such fiduciary shall have the following powers, in addition to those given by law: 96.2.1 To invest in, accept and retain any real or personal property, including J stock of a corporate fiduciary or its holding company, without restriction to legal investments; S6.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; S6.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; S6.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; S6.2.5 To engage in litigation and compromise, arbitrate or abandon claims; S6.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributes on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; S6.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; S6.2.8 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631 (a) of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; and S6.2.9 To disclaim any interest I may have in any estate ifthe Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. Article Seven: Provision for Taxes: S 7.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor out of the principal of the residual portion of my estate disposed of by Article Three of this Will. 4 Article Eight: Miscellaneous Provisions: 98.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent laws. 98.2 Whenever the Fiduciary is to distribute property to or for the benefit of any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Fiduciary's sole discretion exercised in good faith), the Fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Fiduciary (including the Fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. 98.3 Except as otherwise may be provided in this Will, until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. 98.4 If any beneficiary hereunder should die within thirty (30) days after me or within thirty (30) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. IN WITNESS WHEREOF, I, ROBERT L. SMITH, have hereunto set my hand and seal 5 to this, my last Will, typewritten on seven (7) sheets of paper, including the self-proving attestation .- ''""1 -.-' clause and signatures of witnesses, this :... C ,'- day of f c ,; F L, (\ it 7 , 2001. /1" -,- !. I( ,'f! i ( / /) (SEAL) ROBERT L. SMITH Signed, sealed, published and declared by the above named ROBERT L. SMITH as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. Ilmo i. XWJtr;rJ- Residing at I ! f; L' I;' I i ( ,1\ e i (" ("' /i;, t_ j"" \_ \-. I//~ / -; ,/"-) (j~;a/1-- (:7, llYf{-<..//l.5k'L Residing at ~ S' i '/...- / r' ,f\ /' /4 /-; ~,/+- 4~/ / . /2... I ,,/ i.-~ ('~ ' I'~/ ) .~. ......- ( Ii ;<'1;../ j (', l~ I....~ /1., ~.:; I . )-, : X' ~ ) /) . .,j'fl /. c '.' } Residing at L (( I /t -", r ~) r ( Iii '/ II ) /' / .-) C , I COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND We, ROBERT L. SMITH, the testator, and ;/1 ,_ I., "',' , i , C. L t. ~ /"::. L 'i ., ~; io ,,1 IV' C. /~7) 1< ~J) ,,) , and ('. . ) ;J l i'- 1- , r ) I' I i lof , the witnesses, whose names are signed to the attached or 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; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each 6 subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~Il f. tudra:r Witne s :.. // . I',; -1 ~I ROBERT L. SMITH L-) ':;.---:1---- z:" (LV /tL/;1"J-S i /"--. /W' Itness / (/ / Witness Subscribed, sworn to and acknowledged before me by ROBERT L. SMITH, the ( ;/ ( 1<. /, _ /)! I 7 I' and sworn to before me by ~ / ; l.' I j. /~ L. and c. ",~'-"") the witnesses, this "2_ day of , ,f'! ',/ / L and L ~ I. (. /<, subscribed testator, )c ';,'~'. .OJ " "/ ,2001. ~') ~. rv ~Q/..\_'\....wL- Notary Public My Commission expires: q Ii g/ ;iOOL! ~~ .- / ') /'>',/- ~ ,~/ v~~-Ovv- SEAL NOTARIAL SEAl OFNISf l DillMAN. NOTARY PUBlIC HAMPTON TWP.. CUMBERlAND COUNTY MY COMMISSION EXPIRES SEPT. 18. 2004 7 ADDENDUM TO LAST WILL AND TESTAMENT OF ROBERT L. SMITH I, Robert L. Smith, of Camp Hill, Cumberland County, Pennsylvania, being of sound mind and disposing memory, do hereby make this Addendum to my Last Will and Testament , dated February 20,2001: Article Two: Specific Bequests: I hereby wish to remove/delete Paragraph Section 2.2 from this Article Two. All other paragraphs in my Last Will and Testament dated February 20,2001 shall remain the same. IN WITNESS WHEREOF, I, Robert L. Smith, have hereunto set my hand and seal to , the Addendum to Last Will and Te1",":,,~YhiS 1,/;;/,>_:_~~'~I.,',~:J~ary, 2006. . , IY 'y' ....11.. v/~'J ' " - ) (SEAL) Robert L. Smith Signed, sealed, published and declared by the above named Robert L. Smith as and for the Addendum to his Last Will and Testament, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. KIZI STy -J . LEJ..tMA:N ~., ~ ~ r ~ ... ~ "\.I\.) C~ A ~~{ residing at 5{)O s, SPR.-lN661t~/)E1V sr; CA.f(L1SLC~ PIt 170/3 Z9t l (2)~ {~~ ~. ~ M 17~ J~ residing at COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND We, Robert L. Smith, the testator, and Kr IS 1-,/ ..J. J..U~nJ and C"'iJd'/~ s. A- ~ , the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sown, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the Addendum to his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Addendum to the Last Will as a witness and that to the best of their knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and undt;!, no c9.~straint or undue influence. ,r, / / (\ (, ~ Witness Charles A. Pass, CE~ Subscribed, sown to and acknowledged before me by Robert L. Smith, the testator, and subscribed and sworn to before me by /(, J:;' t~ J t.. f /, .did J:/ rtfJ. and tA i.~ r/~'~ /l Pt1S) the witnesses, this / day of January, 2006. . ~~,~,~~, Notary Public My Commission Expires: NOTARIAL SEAL SU~fll1 M. McCartney, Notary Public "I' Hm,is.burg, Dauphin County fl>', 'f'mmi~sil)n expires February 11,2007 ~,-,.,~~_.....~- ~.....~_...----