HomeMy WebLinkAbout01-05-07
IN RE: ESTATE OF ERIC A. BISHOP,: IN THE COURT OF COMMON PLEAS OF
LETTERS OF ADMINISTRATION: CUMBERLAND COUNTY, PENNSYLVANIA
ISSUED SEPTEMBER 8, 2005
ORPHAN'S COURT DIVISION NO.
21-05-0805
PETITION FOR THE AWARD OF AN ESTATE OF TWO MINORS WITHOUT
THE APPOINTMENT OF A GUARDIAN OR ENTRY OF SECURITY UNDER
SECTION 3102 AND SECTION 5101 et. seq.
OF THE PROBATE ESTATE AND FIDUCIARIES CODE
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TO THE HONORABLE, THE JUDGES OF THE SAID COURT: {r:J;:g:;&::loo
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Petitioner, Robert L. Miller, Administrator of th~I~ate1of
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Eric A. Bishop, by and through James D. Bogar, Esquirei3~1I ~
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Jennifer B. Hipp, Esquire, respectfully represents as fbllows~
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1. Eric A. Bishop, the Decedent herein, died July 12,
2005, having resided at 159 Amy Drive, Carlisle, Cumberland
County, Pennsylvania.
2. Petitioner, Robert L. Miller, of 1005 Pheasant Drive
North, Carlisle, Cumberland County, Pennsylvania, is the
Administrator of the Estate of Eric A. Bishop, having been
granted Letters of Administration on September 8, 2005.
petitioner has not been required to post bond. A copy of the
Certificate of Grant of Letters of Administration is attached
hereto, marked Exhibit "A" and incorporated herein.
3. This Petition is filed under Sections 3102 and 5101 et
seq. of the Probate, Estate and Fiduciaries Code, 20 Pa. C.S.A.
Section 101 et. seq. This Court has exclusive jurisdiction under
Section 711 of the Probate, Estate and Fiduciaries Code, 20 Pa.
C.S.A. Section 101 et. seq.
4. At the time of his death, Eric A. Bishop was divorced,
being survived by two (2) children who are his heirs at law, same
being Tessa M. Bishop, daughter, born August 8, 1997, and Collin
R. Bishop, son, born June 18, 2001, both having an address of
7816 Wertzville Road, Carlisle, Cumberland County, PA 17013.
5. The first complete advertisement of the Grant of
Letters of Administration was on October 7, 2006. The First and
Final Account and Statement of Proposed Distribution of the
Estate of Eric A. Bishop, same being dated September 1, 2006, is
attached hereto, marked Exhibit "B" and incorporated herein.
6. The gross probate Estate, being personalty only, of
Eric A. Bishop, totals less than $25,000.00, as shown on the
Summary of Account page of the First and Final Account and
Statement of Proposed Distribution.
7. The entire distributable balance, as reflected in the
attached First and Final Account and Statement of Proposed
Distribution, should be awarded to Tessa M. Bishop and Collin R.
Bishop, in equal shares, as the sole surviving intestate heirs of
Eric A. Bishop, said distributive shares each totaling less than
$25,000.00.
2
8. The net value of the entire Estate to be awarded to
each minor child, Tessa M. Bishop and Collin R. Bishop, together
and individually, does not exceed the statutory limitations for
the award of an Estate of a minor as set forth under Sections
3102 and Section 5101 et seq. of the Probate Estate and
Fiduciaries Code, 20 Pa. C.S.A., Section 101 et seq.
9. petitioner proposes to deposit the proposed
distributive share of each minor child, Tessa M. Bishop and
Collin R. Bishop, in an interest-bearing account to be maintained
with Members 1st Federal Credit Union, with offices at 1711
Spring Road, Carlisle, PA 17013, said account to be in the name
of Amy M. Jancse, mother and natural guardian of both Tessa M.
Bishop and Collin R. Bishop, subject to the express restriction,
to be noted on the records of Members 1st Federal Credit Union,
that no withdrawals may be made from such account until Tessa M.
Bishop and Collin R. Bishop attain the age of majority, except as
authorized by prior order of the court, with the further
requirement that evidence of the marking of such an account to
indicate the restriction be promptly filed of record with the
these proceedings.
10. The Affidavit and Consent of Amy M. Jancse, natural
parent and guardian of Tessa M. Bishop and Collin R. Bishop,
minor children, to the within Petition and proposed Order of
3
Court is attached hereto, marked Exhibit "C" and incorporated
herein.
11. There are no other parties of interest.
12. The Pennsylvania Inheritance Tax Return-Resident
Decedent, has been filed with the Cumberland County Register of
Wills, and inheritance tax has been paid in the amount of
$697.51, by Petitioner, on April 11, 2006. The Notice of
Inheritance Tax Appraisement, Allowance or Disallowance of
Deductions and Assessment of Tax, which shows no Pennsylvania
Inheritance Tax being due and owing, is attached hereto, marked
Exhibit "D" and incorporated herein.
13. There are no unpaid claimants of whom petitioner has
notice or knowledge.
14. Petitioner, Robert L. Miller, is not requesting
compensation as the personal representative of the Estate of
Eric A. Bishop.
15. Eric A. Bishop, the Decedent herein, was not a
fiduciary in any other state and was not a surety on the bond of
a fiduciary.
WHEREFORE, it is respectfully requested that this Honorable
Court enter into an Order declaring as follows:
1. The entire distributable balance of the Estate of Eric
A. Bishop, as set forth in the First and Final Account
4
and Statement of Proposed Distribution as filed, be
distributed to Tessa M. Bishop and Collin R. Bishop,
minor children, as follows:
(A) Tessa M. Bishop - $10,273.59
(B) Collin R. Bishop - $10,273.59
2. Robert L. Miller, Administrator of the Estate of Eric
A. Bishop, shall deposit the distributive shares of
Tessa M. Bishop and Collin R. Bishop, in an interest-
bearing account with Members 1st Federal Credit Union,
with offices at 1711 Spring Road, Carlisle, PA 17013,
said account to be in the name of Amy M. Jancse, mother
and natural guardian of both Tessa M. Bishop and Collin
R. Bishop, subject to the express restriction, to be
noted on the records of Members 1st Federal Credit
Union, that no withdrawals may be made from such
account until Tessa M. Bishop and Collin R. Bishop
attain the age of majority, except as authorized by
prior order of the court, with the further requirement
that evidence of the marking of such an account to
indicate the restriction be promptly filed of record
with the these proceedings.
5
Date:
3. Robert L. Miller, the petitioner herein, be discharged
from the duties of appointment as Administrator of the
Estate of Eric A. Bishop, except as set forth herein.
4. The Cumberland County Register of Wills is authorized
and directed to receive for docketing and recording, as
appropriate, a true and correct copy of the within
petition and Order, docketing and recording same to the
Estate of Eric A. Bishop, No. 21-05-0805.
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of
, 2007
6
VERIFICATION
I verify that the statements made in this petition are true
and correct. I understand that unsworn statements herein are
made subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities~
DATE: <J.. ~ 3 07 eu:t-.
~" Robert L. Miller, Administrator of
The Estate of Eric A. Bishop
EXHIBIT "A"
CERTIFICATE OF GRANT OF LETTERS OF ADMINISTRATION
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REGISTER OF WILLS
CUMBERLAND County, Pennsylvania
CERTIFICATE OF GRANT OF LETTERS
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No. 2005-00805
Esta te Of: ERIC A BISHOP
(Firsr, Middle, Last)
PA No. 21-05-0805
Late Of:
NORTH MIDDLETON TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Securi ty No: 201-68-6515
WHEREAS, ERIC A BISHOP
(First, Middle. Last)
late of NORTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY
died on the 12th day of July 2005 and,
WHEREAS, the grant of Letters of Administration
is required for the administration of the estate.
THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, have
this day granted Letters of Administration to:
ROBERT L MILLER
who has duly qualified as ADMINISTRATOR (RIX) of the estate
of the above named decedent and has agreed to administer the estate
according to law, all of which fully appears of record in my office at
CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 8th day of September 2005,
JJkrdo.J ~~~'1iJ
'fW. 9- (L,d
Deputy
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
EXHIBIT "B"
FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION
Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
No. 21-05-0805
Estate of Eric A. Bishop, Deceased
FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION
OF
Robert L. Miller, Administrator
Date of Death:
07/12/2005
Date of Executor's Appointment
09/0812005
Advertisement of Letters - The Sentinel 09/16/05: 09/23/05: 09/30/05
Law Journal 09/23/05: 09/30/05: 10/07/05
Accounting for the Period: 07/12/2005 to 12131/2006
Purpose of Account: Robert L. Miller, Administrator, offers this account to acquaint Interested parties
with the transactions that have occurred during this administration.
It Is Important that the account be carefully examined. Requests for additional Information or questions
or objections can be discussed with:
James D. Bogar
Attorney Identification No. 19475
Bogar & Hipp Law Offices
One West Main Street
Shiremanstown, PA 17011
717-737-8761
GROSS ESTATE
(Principal Receipts + Income Receipts)
23,503.30
SUMMARY OF ACCOUNT
Estate of Eric A. Bishop, Deceased
For the Derlod of Julv 12. 2005 throuah December 31. 2006
Proposed Distributions
to Beneficiaries
PRINCIPAL
Receipts: This Account
Net Gain (or Loss) on Sales
or Other Dispositions
Less Disbursements:
Debts of Decedent
Funeral Expenses
Administration Expenses
Federal and State Taxes
Commissions
Fees
Family Exemption
Balance Before Distributions
Transfer to (from) Principal
Distributions to Beneficiaries
Principal Balance on Hand
For Information:
Investments Made
Changes In Investment Holdings
INCOME
Receipts
This Account
Net Gain (or Loss) on Sales
or Other Dispositions
Less Disbursements
Balance Before Distributions
Transfer to (from) Income
Distributions to Beneficiaries
Income Balance on Hand
For Information:
Investments Made
Changes In Investment Holdings
COMBINED BALANCE ON HAND
6 26.49
0.00
26.49
0.00
26.49
0.00
0.00
26.49
Paae
7
1
2
3
3
3-4
4
5
Current
Value
0.00
2,288.00
1,520.67
697.51
0.00
2,175.00
0.00
Fiduciary
Acquisition
Value
20,558.04
23,476.81
4,035.92
27,512.73
6,681.18
20,831.55
0.00
300.00
20,531.55
20,558.04
SCHEDULE A
RECEIPTS OF PRINCIPAL
Fiduciary
Acquisition
Value
Cash
07/12/2005 John Hancock Life Insurance Company - 401 (k) 16.229.63
account balance $16,229.63
07/12/2005 Joseph Machine Company - Wages Paid 1.375.74
07/12/2005 Members 1 st Federal Credit Union - Savings 171.30
Account No. 224420-00, date of death balance
$171.25, accrued Interest $0.05
07/12/2005 Members 1 st Federal Credit Union - Savings 263.02
Account No. 224420-11, date of death balance
$263.02, accrued interest $0.00
07/12/2005 Members 1 st Federal Credit Union - 57.14
Supplemental Savings Account No. 224420-01,
date of death balance $57.12, accrued interest
$0.02
09/16/2005 Nationwide Insurance - Property Damage Claim 2.889.88
09/16/2005 Nationwide Insurance - Premium Refund 52.10
06/20/2006 United States Treasury - 2005 Personal Income 2.138.00
Tax Refund
23.176.81
Personal Property
07/12/2005 Personal Property - Sold at Private Sale 300.00
300.00
Total Receipts of Principal 23.476.81
1
SCHEDULE B
GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS - PRINCIPAL
Gain Loss
09/16/2005
Nationwide Insurance - Personal Injury Payment
- not subject to Pa. Inheritance Tax (adjustment
made to facilitate proper accounting as to a
non-probate asset)
Net Proceeds
Fiduciary Acquisition Value
2.500.00
0.00
2.500.00
04125/2006
John Hancock Life Insurance Company -
Account Closed - Listed here to account for
difference between date of death value and
close-out value
Net Proceeds
Fiduciary Acquisition Value
17.765.55
-16.229.63
1.535.92
TOTAL GAINS AND LOSSEs/PRINCIPAL
LESS LOSS
NET GAIN OR LOSS
4.035.92
4.035.92
2
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
12/07/2005
09120/2006
Funeral Expenses
Carlisle Memorial Service, Inc. - Monument
Westminster Cemetery Inc. - Grave Stone
Placement
Total Funeral Expenses
2.000.00
288.00
2.288.00
Administration Expenses
ro BE PAID RESERVES: - Costs to conclude administration 850.00
of Estate including filing fee for First and Final
Account preparation of fiduciary income tax
returns
08/19/2005 Prothonotary - Photocopies of Divorce Decree 7.00
09/08/2005 Cumberland Law Journal - Administrator's 75.00
Notice
09/08/2005 Register of Wills - Letters of Administration 70.00
09/16/2005 Comcast - Final Bill 48.25
09/16/2005 PPL - Final Electric Bill 79.66
09/16/2005 Sprint - Final Bill 81.25
10/03/2005 The Sentinel - Administrator's Notice 122.51
04/07/2006 Register of Wills - Short Certificates (3) 12.00
04/07/2006 Register of Wills - Filing Fee-Pa. Inheritance Tax 30.00
Return and Inventory
04113/2006 Register of Wills - Additional Probate Fees 30.00
06120/2006 Register of Wills - Filing Fee - Satisfaction of 10.00
Claim - Verizon Wireless
06120/2006 Verizon Wireless - Negotiated Claim 105.00
Total Miscellaneous Administrative Expenses 1.520.67
Federal and State Taxes
04/07/2006
Register of Wills, Agent - Pa. Inheritance Tax
697.51
3
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
Total Taxes
04/07/2006
Fees
Greenawalt & Company, P.C. - 2005 Personal
Income Tax Preparation
James D. Bogar - One-Half (1/2) Legal Fees
James D. Bogar - One-Half (1/2) Legal Fees
Total Fees
975.00
975.00
225.00
04/11/2006
'IO BE PAID
TOTAL DISBURSEMENTS OF PRINCIPAL
4
697.51
2.175.00
6.681.18
SCHEDULE D
DISTRIBUTIONS OF PRINCIPAL
07/12/2005
Personal Property - Distributed In-Kind to Tessa
M. Bishop and Eric A. Bishop, Minor Children of
Decedent
300.00
300.00
TOTAL DISTRIBUTIONS TO BENEFICIARIES
300.00
5
, .
SCHEDULE G
RECEIPTS OF INCOME
Interest/Bank
09/16/2005
Members 1 st Federal Credit Union - Interest
earned In all accounts from date of death
through close-out of account
Commerce Bank - Interest earned in Estate
Account No. 0537047607
TOTAL BANK INTEREST
25.56
12/1812006
TOTAL RECEIPTS OF INCOME
6
0.93
26.49
26.49
, I I .
PROPOSED DISTRIBUTIONS TO BENEFICIARIES
TO:
Collin R. Bishop - Proposed Distribution
Tessa M. Bishop - Proposed Distribution
Total
7
Current Value
12/31/2006
or as noted
Fiduciary
Acquisition
Value
10.279.02
10.279.02
20.558.04
20.558.04
. I I .
Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
No. 21-2005-0805
Estate of Eric A. Bishop, Deceased
Affidavit
Robert L. Miller, Administrator, under the Last Will and Testament of Estate of Eric A. Bishop,
Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of
hislher office; that the foregoing Account is true and correct and fully discloses all significant
transactions occurring during the accounting period; that all known claims against the estate have
been paid In full; that, to hislher knowledge, there are no claims now outstanding against the
estate; that all taxes presently due from the estate have been paid; and that more than four months
have elapsed since the first complete advertisement of the granting of letters in this estate.
m ~;7UL
Robert L. Miller
Subscribed and sworn to
before me thls3rd day
of~CAm..lo.\'1 ,2001-, ,
-'33OY)(\U ~ ~lffltO
Notary Public
COMMONWEAl'flf OF PEffftS'llYAItIA
NOTARIAl. SEAL
80ftftlE L. W1lUAMS, NOTARY PUBlIC
SIlIREMANSTOWN BORO., CUMBERLAND co.
MY COMM ION EXPIRES APRil 18 200'
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EXHIBIT "c"
AFFIDAVIT OF CONSENT OF AMY M. JANCSE
.. , I _..
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF Cu.mm/2..LaY?d
AFFIDAVIT AND CONSENT OF AMY M. JANCSE
AMY M. JANCSE, of 7816 Wertzville Road, Carlisle, Cumberland
County, Pennsylvania 17013, states, verifies and consents as
follows:
1. That I am the natural mother and guardian of Tessa M.
Bishop, born August 8, 1997, and Collin R. Bishop, born June 18,
2001, both being minor children.
2. That I have been afforded ample opportunity to review
the attached petition and proposed Order of Court to be filed by
the Petitioner and, further, that I have been advised and
encouraged to consult with an attorney of my own choosing
concerning the attached Petition and proposed Order of Court,
and, further, that I consent thereto.
3. That I will cooperate fully and completely with respect
to establishing and maintaining the interest-bearing account for
Tessa M. Bishop and Collin R. Bishop, same to be maintained with
Members 1st Federal Credit Union at 1711 Spring Road, Carlisle,
PA 17013.
Executed this cf)J../+L day of ))Qe:em.oe t2. , 2006.
DATE: 1:11:4/0'" ~~~(};)R_
. , , ....
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF (u.I'Y)~eLQnd
On this, the dJ..f+k....day of~tlyY)WrL ,2006, before me,
the undersigned officer, personally appeared AMY M. JANCSE, 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~
( SEAL)
Notary Public
My Conunission Expires: ~ l~ .lODE,!
COMMONWEALTH OF pt;NNSYLVANIA
Notarial Seal
Mcliaa A Miller, Notary Publio
North Middlcton Twp., Cumberland County
My Commission Expires May 14,2008
Member, Pennsylvania A$soclatlon of Nol8rlee
., . J .
EXH:IB:IT "D"
NOT:ICE OF :INHER:ITANCE TAX APPRA:ISEMENT, ALLOWANCE OR
D:ISALLOWANCE OF DEDUCT:ION AND ASSESSMENT OF TAX
05-22-2006
BISHOP
07-12-2005
21 05-0805
CUMBERLAND
101
APPEAL DATE: 07-21-2006
( See reverse side under Objections)
Amount Remitted 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 +-
REv:is4'-Ei-AFP-'(oi:os'i-NoTlcE-OF-INHEiITANCE-TAi-APPRAIsEMENT:-ALLowANcE-OR---------u----
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ERIC A FILE NO. 21 05-0805 ACN 101
,. . . .
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT. ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRISBURG PA 17128-0601
JAMES D BOGAR
BOGAR & HIPP LAW OFCES
1 W MAIN ST
SHIREMANSTOWN
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
PA 17011
ESTATE OF
BISHOP
'*
REV-1547 EX AFP (06-05)
ERIC
A
TAX RETURN WAS: (X) ACCEPTED AS FILED
) CHANGED
DATE 05-22-2006
I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and
re~lect ~igures that include the total o~ ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate (15)
16. Amount of Line 14 taxable at Lineal/Class A rate (16)
17. Amount of Line 14 at Sibling rate (17)
18. Amount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
C S:
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. HortgagBslNotes Receivable (Schedule D)
5. CashIBank Deposits/Hisc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
(1)
(2)
(3)
(4)
(5)
(6)
(7)
.00
.00
.00
.00
21.338.81
.00
.00
(8)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. CostslMisc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
(9)
(10)
5.838.67
.00
(11)
(12)
(13)
(14)
NOTE:
.00 X
15.500.14 X
.00 X
.00 X
T
+
INTEREST/PEN PAID (-)
.00
AMOUNT PAID
697.51
DATE
04-11-2006
NUMBER
CD006541
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
00 =
045 =
12 =
15 =
(19)=
NOTE: To insure proper
credit to your account.
sub.i t the upper portion
of this fore with your
tax payment.
21.338.81
Ii.B3B 67
15.500.14
.00
15.500.14
19 will
.00
697.51
.00
.00
697.51
697.51
.00
.00
.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" (CR). YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.)