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HomeMy WebLinkAbout92-0427 f~ C°1 +~ ~ ~l ~3 / ~./ '; ~ ~~ i i - TRUST °~ m -- N , ',=., ~_; .- ~ t COURT OF COMMON PLEAS OF ~~ w~ `" ~ ~~ CUMBERLAND COUNTY, PENNSYLVANIA `-' ORPHANS' COURT DIVISION NAME OF TRUST (TRUST UNDER WILL OF CLYDE RAYBURN or TRUST UNDER DEED OF DATED ) No. 14-67-12 02~.. ~a- aya ~ PETTTION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of Trust Accounts. If space is insufficient, riders may be attached. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Edward P. Seeber, Esquire Supreme Court LD. No.: 76084 Name of Law Firm: James, Smith, Dietterick & Connelly, LLP Address: Suite C-400, 555 Gettysburg Pike, Mechanicsburg, PA 17055 Telephone: 717-533-3280 Fes: 717-298-2093 Form oc-oz rev !0.13.06 Page 1 of 10 Name of Trust: CLYDE RAYBURN 1. Name(s) and address(es) of Petitioner(s): Petitioner: Name. Miles J. Gibbons, Jr., Trustee Petitioner: Address: Suite 404, 3607 Rosemont Avenue Camp Hill, PA 17011 2. Check if any of the following issues are involved in this case: A. Appointment of Trustee ........................................... B. Interpretation ................................................... ^ C. Discharge of Trustee ............................................ ^ D. Transfer of Situs ................................................. E. Appointment of Ad Litem .......................................... F. Minor, Unborn or Unascertained Beneficiary(ies) ...................... ^ G. Principal Distribution ............................................. H. Partial/Full Termination of Trust .................................... I. Missing Beneficiary(ies) .......................................... J. Cy Pres ........................................................ ^ K. Williamson Issue* ............................................... ^ L. Other Issues .................................................... ^ List: Please note: A detailed explanation of issues checked should be set forth at item 13 below. * See Wt![iamson Estate, 368 Pa. 343, 82 A.2d 49 (1951), if Tmstee was also Executor of the settlor/decedent's estate and received commissions in such capacity. Farm oc-oz rev 10.13.06 Page 2 of 10 Name of Trust: CLYDE RAYBURN 3. Testamentary Trust: Decedent's date of death: May 5, 1992 Date of Decedent's Will: April 13, 1992 Date(s) of Codicil(s): Date of probate: or Inter ~vos Trust: Date of Trust: Date(s) of Amendment(s): 4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain: N/A B. Identify all prior accountings and provide dates of adjudication. N/A 5. A. State how each Trustee was appointed: Miles J. Gibbons, Jr. was appointed Trustee under Section Eleventh.B. of the Last Will and Testament dated April 13, 1992. B. If a Petitioner is not a Trustee, explain: N/A Form oc-oz rev /0.13.06 Page 3 of 10 Name of Trust: CLYDE RAYBURN 6. State how and when the present fund was awarded to Trustee(s): The Trust was established shortly after the death of Clyde Rayburn. It was directly transferred from the Estate of Clyde Rayburn to the Trust. 7. Period covered by accounting: June 4, 2011 to December 31, 2011 8. Current fair market value of the Trust principal is $ 277,745.44 ~ page 2 of Account.) 9. State concisely the dispositive provisions of the Trust: Upon the death of surviving spouse, the residue of the Trust is distributed outright in equal shares to the children, Thomas Rayburn and Carol Stuck, pursuant to Section Third of the Last Will and Testament dated April 13, 1992. 10. Explain the reason for filing this Account (if filed because of the death of a party, state name of person, relationship to Trust and date of death): The surviving spouse, Priscilla Rayburn, who was entitled to all income and principal distributions, died on June 4, 2011. Fo,,,, oc-oz rev 10.13.06 Page 4 of 10 Name of Trust: CLYDE RAYBURN 11. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (egg Pa. O.C. Rule 12.4): ' The beneficiaries of the Trust are not minors and are not incapacitated. 12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate Tax paid (including postponed tax on remainder interests), the dates of payment and the interests upon which such amounts were paid: Dote August 5, 1992 November 10, 1992 Payment Interest 32,000.00 7,269.17 B. If any such taxes remain unpaid or are in dispute, explain: 13. Describe any questions requiring Adjudication and state the position of Petitioner(s) and give details of any issues identified in item 2: Form oc-oz rev 10.13.06 Page 5 of 10 Name of Trust: CLYDE RAYBURN 14. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 15 below. In addition, notice of any questions requiring Adjudication as discussed in item 13 above has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by Petitioner(s) or counsel certifying that such Notice has been given. C. If any such party in interest is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 15. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the Trust, whether such interest is vested or contingent, charitable or non-charitable. This list shall: A. State each party's relationship to the Settlor/Decedent and the nature of each party's interest(s); and Address of Each Party in Interest Thomas Rayburn Cedar Acres 1 Lepore Drive Lancaster, PA 17602 and Son Carol Stuck 8 Valley Road Jacobus, PA 17407 Daughter 1/2 of Residue 1/2 of Residue Parm ac-oz rev 10.!3.06 Page 6 of 10 Name of Trust: CLYDE RAYBURN B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each; and N/A C. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. N/A 16. If Petitioner(s) has/have knowledge that a Trust share has been assigned or attached, provide a copy of the assignment or attachment, together with any relevant supporting documentation. 17. If a trustee's principal commission is claimed: A. If based on a written agreement, attach a copy thereof. Fo,m oc-oz rN ro.~s.o6 Page 7 of 10 Name of Trust: CLYDE RAYBURN B. If a principal commission is claimed, state amount. A total of $22,000 is claimed; $11,00 was paid to Trustee on September 22, 2011. The Trustee is still owed $11,000. C. If a principal commission is claimed, state the amounts and dates of any principal commissions previously paid in prior accounting periods. Amowt Date Paid 18. If a reserve is requested, state amount and purpose. Purpose: See attached Schedule of Proposed Distribution If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ ®Yes ©No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... ~ Yes ®No Farm oc-oz rev 10.13.06 Page 8 of 10 Name of Trust: CLYDE RAYBURN Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amount/Proportion See attached Schedule of Proposed Distribution. B. Principal: Proposed DisMbutee(s) Amount/Proportion See attached Schedule of Proposed Distribution. Submitted By: (All petitioners must sign. Add additional lines if necessary): ~ \ ~L~ Name of Petiti ne Miles J. Gibbons, ., Trustee Name of Petitioner: Porm oc-oz rev io.is.o6 Page 9 of 10 Name of Trust: CLYDE RAYBURN Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * that he/she is of the above-named name ojcorporation and] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal lrnowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Signature o P titioner * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication / Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the fornyhave been made beyond the responses herein. ~,~ ~~ of Counsel for Petitioner Farm oaoz rev 70.13.06 Page 10 of 10 3~~,g1(.c~~ In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 14-67-12 Trust Under Will of First and Final Account Miles J. Gibbons, Jr., Trustee Date of Death: 05/05/1992 Date of Incapacity, H any: None Date of Trustee's First Receipt of Funds: 01/01/1993 Accounting for the period: 06/04/2011 to 12/31/2011 Purpose of Account: Miles J. Gibbons, Jr., Trustee, offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: C7 ~ Edward P Seeber m ~ m James, Smith, Dietterick 8 Connelly, LLP Suite C~00 555 Gett sb Pike ~ m ~ ~ _ ^' ~J~ .Fw~ ~,,:~ ~_ -'-`~ , y urg ~ Mechanicsburg, PA 17055 ~o~ :r.. F_i°~, . _n 717-533-3280 ~ ~ Supreme Court I.D. No. 76084 ~.,i SUMMARY OF ACCOUNT Trust Under Will of Clyde Rayburn Fer the Period of June 4, 2011 through December 31.2011 Receipts: This Account 3 308,547.21 Net Gain (or Loss) on Sales or Other Dispositions 5 37,918.23 346,465.44 Less Disbursements: General Disbursements 11 1,363.11 Fees 11 18,829.82 20,192.93 Balance Before Distributions 326,272.51 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 12 48,527.07 Principal Balance on Hand - 277,745.44 For Information: Investments Made - Changes in Holdings lI1COME - Receipts This Account 13 1,284.48 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 1,26a.46 Less Disbursements 15 356.08 Balance Before Distributions 908.38 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand - 908.38 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND - 278,653.82 Signature 16 Verification 17 -2- Trust Under Will of Clvde Ravburn SCHEDULE OF PROPOSED DISTRIBUTION Assets: Cash held in Wells Fargo Brokerage Account as of 12/31/11 NOTE: The balance in the brokerage account does not equal the balance presented on the accounting due to basis adjustments. Less: James, Smith, Dietterick & Connelly, LLP -attorney fees Less: Partial cash distribution to Carol Stuck Less: Partial cash distribution to Carol Stuck Less: Partial cash distribution to Thomas Rayburn Less: Partial cash distribution to Thomas Rayburn Less: Reserve for 2011 income tax return preparation less: Reserve to be held in James, Smith, Dietterick & Connelly, LLC IOLTA account until January 1, 2013 due to any outstanding tax issues & personal property that may be purchased by residuary beneficiaries of Trust from Estate of mother -spreadsheet of final distribution will be provided to residuary beneficiary at time of distribution Less: Register of Wills, Cumberland County -filing fee for accounting Less: Miles Gibbons, Jr., Trustee -Trustee fee NET DISTRIBUTABLE ESTATE: For Final Distrbbtion Purposes Only -Prior Distributions Made to Residuary Beneficafres: Carol Stuck -partial distribution -cash Carol Stuck -partial distribution -cash for vehicle Carol Stuck -partial distribution -cash Carol Stuck -partial distribution -cash Thomas Raybum -partial distribution -cash Thomas Rayburn -partial distribution -cash for vehicle Thomas Rayburn -partial distribution -cash Thomas Rayburn -partial distribution -cash Thomas Rayburn -partial distribution -cash Total Residue for Distribution Purposes: Final Distributions: Carol Stuck - 50% of residue Less: Prior Partial Distributions Final Distribution Thomas Rayburn - 50% of residue Less: Prior Partial Distributions Final Distribution 279,313.60 -10,000.00 -70,000.00 -18,215.71 -5,000.00 -2,500.00 -350.00 -10,000.00 -280.00 -11,000.00 151,967.89 10,000.00 10,000.00 70,000.00 18,215.71 10,000.00 14,527.07 4,000.00 5, 000.00 2, 500.00 144,242.78 296,210.67 148,105.34 108,215.71 39,889.63 148,105.33 36,027.07 112,078.26 2A SCHEDULE A RECEIPTS OF PRINCIPAL S's$Sll 06/04/2011 Bank of China Certificate of Deposit held in Wells 6.000.00 Fargo Account No. 5982-9914 06/04/2011 Cash held In Wella Fargo Account No. 5862-8914 2,284.72 Total Cash St k /Li t d 06/04/2011 1,047.7630 oc s s e shares Blackrock Global held in Wells Fargo Account 15,705.69 No. 5882-9814 06/04/2011 456.6840 shares Calamoa Invt Tr held in Wella Fargo Account 4,764.73 No. 5982-9914 06/04/2011 1,333.7120 shares Diamond Hill Fds Large Cap Fd held in Wells 14,292.65 Fargo Account No. 5982-9914 06/04/2011 339.7330 shares Diamond Hill Long-Short Fd held in Wells 4,880.75 Fargo Account No. 5982-9914 06/04/2011 499.9860 shares Firet Eagle Fds Inc held in Wells Fargo 16,084.85 Account No. 5982-9914 06104/2011 933.6750 shares Ivy Fds Inc held in Wells Fargo Account No. 16,891.40 5982-9914 06/04/2011 1,111.2110 shares Janua Invt Fd held in Wells Fargo Account No. 10,179.41 5982-9914 06/04/2011 624.7950 shares JP Morgan Trust I held in Wells Fargo Account 10,181.85 No. 5982-8914 06/04/2011 2.532.7150 shares Loomis Saylea Stretegic Income Fund held in 33,049.66 Wells Fargo Account No. 5982-9914 06/04/2011 680.9400 shares Nuveen Invt Tr held in Wells Fargo Account 19,772.43 No. 5982-9914 06/04/2011 3.279.5460 shares PIMCO Unconstrained Fund held in Wells 36,855.39 Fargo Account No. 5982-9914 06/04/2011 1,138.9820 shares Royce Fund held in Wells Fargo Account No. 15,737.56 5882-9914 06/04/2011 384.8610 shares Rydex Series Funds held in Wells Fargo 10.986.00 Account No. 5982-9914 06/04/2011 2.379.5740 shares Templeton Funds Income Tr held in Wells 31,023.58 Fargo Account No. 5982-9914 06/04/2011 1,383.7710 shares Unified aeries Trust held in Wells Fargo 18.048.74 Account No. 5982-9914 Fiduciary Acquisition Value 8,284.72 -3- SCHEDULE A RECEIPTS OF PRINCIPAL Continued 06/04/2011 520.0000 shares Vanguard Short Tenn held in Wells Fargo 41,807.80 Account No. 5982-9914 Total Stocks /Listed Total Receipts Total Receipts of Principal Fiduciary Acquisition Value 300,262.49 308,547.21 308,547.21 -4- SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL ~ 1_°ss 07/08/2011 Bank of China Certificate of Deposit held in Wells Fargo Account No. 5982-9914 Net Proceeds 6,000.00 Fiduciary Acquisition Value -8,000.00 0.00 07/08/2011 520.0000 shares Vanguard Short Term held in Wells Fargo Account No. 5982-9914 Net Proceeds 41,843.79 Fiduciary Acquisition Value X1,807.80 35.99 08/16/2011 1,017.9030 shares Blackrock Global held in Wells Fargo Account No. 5982-9914 Net Proceeds 19,523.36 Fiduciary Acquisition Value -15,143.37 4,379.99 08/16/2011 39.1850 shares Blackrock Global held in Wells Fargo Account No. 5982-9914 Net Proceeds 751.59 Fiduciary Acquisition Value -782.08 -0.a9 08/16/2011 446.0090 shares Calamos Invt Tr held in Wells Fargo Account No. 5982-9914 Net Proceeds 5,280.72 Fiduciary Acquisition Value -4,639.13 641.59 08/16/2011 12.7910 shares Calamos Invt Tr held in Wells Fargo Account No. 5982-9914 Net Proceeds 151.47 Fiduciary Acquisition Value -150.60 0.87 -5- SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL Continued Ssal~ 08H6/2011 1,278.4130 shams Diamond Hill Fds Large Cap Fd held in Walls Fargo Account No. 5982-9914 Net Proceeds 17,910.56 Fiduciary Acquisition Value -13,526.00 4,384.56 08/16/2011 55.2990 shares Diamond Hill Fds Large Cap Fd held in Wells Fargo Account No. 5982-9914 Net Proceeds 774.75 Fiduciary Acquisition Value _766,65 8.10 08/16/2011 329.8470 shares Diamond Hill LongShort Fd held in Wells Fargo Account No. 5982-9914 Net Proceeds 5,267.65 Fiduciary Acquisition Value -4,723.31 ~•~ 08/18/2011 9.8860 shams Diamond Hill LongShort Fd held in Wells Fargo Account No. 5882-9814 Net Proceeds 157.89 Fiduciary Acquisition Value .157,84 0.45 08/16/2011 490.6620 sharoa Firot Eagle Fds Inc held in Wells Fargo Account No. 5982-9914 Net Proceeds 22,791.24 Fiduciary Acquisition Value -15,657.24 7,134.00 08/16/2011 9.3240 sharoa Firot Eagle Fds Inc held in Wells Fargo Account No. 5982-9914 Net Proceeds 433.11 Fiduciary Acquisition Value -427.81 5.50 Loss -6- SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL Continued 08/16/2011 911.1870 shares Ivy Fds Inc held in Wells Fargo Account No. 5982-9914 Net Proceeds 22,506.31 Fiduciary Acquisition Value -16,379.37 8,128.94 08/16/2011 22.4860 shares Ivy Fds Inc held In Wells Fargo Account No. 5982-9914 Net Proceeds 555.46 Fiduciary Acquisition Value -512.03 43.43 08118!2011 1,075.6590 shares Janus Invt Fd held in Wells Fargo Account No. 5982-9914 Net Proceeds 13,241.38 Fiduciary Acquisition Value -9,871.44 3,589.92 08/18/2011 35.5520 shares Janus Invt Fd held in Wells Fargo Account No. 5982-9914 Net Proceeds 437.65 Fiduciary Acquisition Value _507,87 08/16/2011 598.8410 shares JP Morgan Trust I held in Wells Fargo Account No. 5982-9914 Net Proceeds 9,138.31 Fiduciary Acquisition Value -9,788.65 08N6/2011 25.9540 shares JP Morgan Trust I held in Wells Fargo Account No. 5982-9914 Net Proceeds 396.06 Fiduciary Acquisition Value -393.20 2.88 Ls~s -70.32 -650.34 -7- SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL Continued S~~in 08/16/2011 2,396.6340 shares Loomis Saylea Strategic Income Fund held In Wells Fargo Account No. 5982-9914 Net Proceeds 36,045.36 Fiduciary Acquisition Value -31,046.88 4,998.68 08/16/2011 136.0810 shares Loomis Saylea Strategic Income Fund held in Wells Fargo Account No. 5982-9914 Net Proceeds 2,046.67 Fiduciary Acquisition Value -2,002.98 43.89 08/16/2011 848.3040 shares Nuveen Invt Tr held in Wells Fargo Account No. 5982-9914 Net Proceeds 22,081.23 Fiduciary Acquisition Value -18,825.75 3,455.48 08/18/2011 32.5360 shares Nuveen Invt Tr held in Wells Fargo Account No. 5982-9914 Net Proceeds 1,111.59 Fiduciary Acquisition Value -1,148.88 08/18/2011 3,290.1390 shares PIMCO Unconstrained Fund held in Wells Fargo Account No. 5982-9914 Net Proceeds 36,125.73 Fiduciary Acquisition Value -36,972.93 08/16/2011 1,138.9820 shares Royce Fund held in Wells Fargo Account No. 5982-9914 Net Proceeds 15,638.22 Fiduciary Acquisition Value -15,737.56 L°ss -35.09 -847.20 -99.34 -8- SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL Continued 08/1 B/2011 375.1100 shares Rydex Series Funds held in Wells Fargo Account No. 5982-9814 Stein Loss -1,222.52 4.29 1,754.16 -203.67 3,915.13 -3.42 Net Proceeds 9,520.28 Fiduciary Acquisition Value -10,742.80 08/16/2011 9.7510 aharea Rydex Series Funds held in Wells Fargo Account No. 5982.9914 NetProceeda 247.49 Fiduciary Acquisition Value -243.20 08/16/2011 2,111.4590 aharea Templeton Funds Income Tr held in Wella Fargo Account No. 5982-9914 Net Proceeds 28,778.35 Fiduciary Acquisition Value -27,024.19 08/16/2011 295.6560 shares Templeton Funda Income Tr held in Wells Fargo Account No. 5982-9914 Net Proceeds 4,048.20 Fiduciary Acquisition Value .4,251.87 08/16/2011 1,380.1430 shares Unified Series Trust held in Wells Fargo Account No. 5982-9914 Net Proceeds 21,802.87 Fiduciary Acquisition Value .17,887.74 08/16/2011 3.6280 shares Unified Series Trust held in Wells Fargo Account No. 5982-9914 Net Proceeds 57.58 Fiduciary Acquisition Value -61.00 -9- ~~«l:i~l7il~~-3 GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL Continued 08/17/2011 9.2660 shares Templeton Funds Income Tr held in Wells Fargo Account No. 5882-8814 Net Proceeds 127.50 Fiduciary Acquisition Value -126.85 TOTAL GAINS AND LOSSES/PRINCIPAL LESS LOSS NET GAIN OR LOSS Sslu 1_°ss 0.65 41,050.62 -3,132.39 37,818.23 -10- SCHEDULE C DISBURSEMENTS OF PRINCIPAL James Holland 12/09/2011 Income tax return prepan;r 255.00 255.00 Wells Farao 07/08!2011 account fee 778.22 08/22/2011 account fee 329.89 1,108.11 Total General Disbursements 1,363.11 Fees James. Smith. Diatterick & Connelly. LLP 09/22/2011 attorney fees 11/11/2011 attorney fees 5,079.82 2,750.00 7,829.82 Miles Gibbons 09/22/2011 partial payment of trustee fees 11,000.00 11,000.00 Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 18.829.82 20.192.93 -11- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 08/09/2011 Carol Stuck -partial distribution 08/08/2011 Carol Stuck -partial distribution payable to the Estate of Priscilla Raybum to purchase vehicle for beneficiary 08/09/2011 Thomas Raybum -partial distribution 08!0912011 Thomas Raybum -partial distribution paid to Citizens Automobile Finance to purchase vehicle owned by Estate of Priscilla Raybum for the beneficiary 12/30!2011 Thomas Raybum -partial distribution 10,000.00 10,000.00 10.000.00 14,527.07 4,000.00 48,527.07 TOTAL DISTRIBUTIONS TO BENEFICIARIES 48.527.07 -12- SCHEDULE G RECEIPTS OF INCOME Blackrock Globa l held in Wells Fargo Account No. 5982-9914 07/18/2011 9.3250 shares reinvested dividend ;189.76 Calsmos Invt Tr held in Wells F argo Account No. 5982-9914 06/20/2011 2.1060 shares reinvested dividend 25.00 Loomis Savles S trategic Incom e Fund held in Wells Fargo Account No. 59 82-9914 06/22/2011 dividend 174.50 07/28/2011 dividend 176.02 PIMCO Unconstr ained Fund he ld in Wells Fargo Account No. 5982-9914 07/01/2011 5.9270 shares reinvested dividend 65.79 08/01/2011 4.6660 shares reinvested dividend 51.75 09/01 /2011 dividend 20.74 Templeton Fund s Income Tr h eld in Wells Fargo Account No. 5982-9914 06/16/2011 9.1280 shares reinvested dividend 125.88 07/18/2011 9.1470 shares reinvested dividend 126.60 08/16/2011 9.2660 shares reinvested dividend 126.85 Vanguard Short Term held in Wells Farpo Account No. 5982-9914 06/07/2011 dividend 07/08/2011 dividend 70.28 66.74 189.76 25.00 350.52 138.28 379.33 137.02 -13- SCHEDULE G RECEIPTS OF INCOME Continued 07/08/2011 TOTAL DIVIDEND INCOME interest 1,219.91 33.00 33.00 Wells Faroo Account 06!30/2011 Nn. 5982-9914 interest 0.04 07/28/2011 interest 0.50 08/31/2011 interest 1.36 08/30/2011 interest 2.47 10/31/2011 interest 2.43 11/30/2011 interost 2.34 12/30/2011 intereat 2.41 11.55 TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 44.55 1.264.46 -14- SCHEDULEI DISBURSEMENTS -INCOME 11!11/2011 2010 fiduciary income tax 356.08 356.08 TOTAL DISBURSEMENTS OF INCOME 356.08 -15- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 14-67-12 Trust Under Will of Clyde Rayburn Signature ~E Mlles J. Gib on , Jr., Trustee -16- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 14-67-12 Trust Under Will of Verification Miles J. Gibbons, Jr., Trustee of the Trust Under Will of Clyde Rayburn, hereby declares under oath that he has fully and fakhfully discharged the duties of his; 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 Trust have been paid in full; that, to his knowledge, there a-re no claims now outstanding against the Trust; and that all taxes presently due from the Trust have been paid. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 3- f ' /a les J. Gib on , Jr., Trustee -17- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 14-67-12 TRUST UNDER WILL OF CLYDE RAYBURN CERTIFICATION OF NOTICE UNDER CUMBERLAND COUNTY O.C. RULE 6.3-1 al -G~ -Ut~a~ I certify that the Notice regazding the filing of Accounts required by Cumberland County O.C. Rule 6.3-1 was mailed to the following persons by depositing a copy of the same by United States First-Class Mail, prepaid: Carol Stuck 8 Valley Road Jacobus, PA 17047 Thomas Rayburn Cedaz Acres 1 Lepore Drive Lancaster, PA 17602 Such Notice meets the requirements of Cumberland County O.C. Rule 6.3-1. Date: 3- `~- I ~- JAMES, SMITH, DIETTERICK & CONNELLY, LLP _ C By: ward P. Seeber, Esquire ,.~ ' ~ ~ C7 ~~ ~ <„ ~~ ^'t iTl .~ ~ ~.-,~7 ~- N `.t.1',.7 ~ ~ C .•, ~~ _:,.. .-n d -n ~ -= ~ ~ :: , `~ ~ G1 i ai - q a ~ o ~a'~ IN THE COURT OF COMMON PLEAS ~? CUMBERLAND COUNTY, PENNSYLVANIA ~ ti " ~ ORPHANS' COURT DIVISION ~ ~ ~ ' `- ~ ~ c,-. NO. 14-67-12 ~ ~ "''~ ~'' c--' TRUST UNDER WILL OF ~„~ ~;, ''~' CLYDE RAYBURN NOTICE TO: Cazol Stuck and Thomas Rayburn In connection with the administration and the final distribution and termination of the Trust Under Will of Clyde Rayburn, today by United States First-Class Mail, postage prepaid, we have enclosed for your review a copy of the First and Final Account of the Trust Under Will by the Trustee and Petition to Adjudicate/Statement of Proposed Distribution that will be filed today with the Register of Wills/Clerk of the Orphans' Court Division, Court of Common Pleas of Cumberland County, Pennsylvania. This Notice has been given to the residuary beneficiaries at least 20 days prior to the date fixed for the presentation to the Court. The Account will be presented for audit, confirmation, and distribution at the Cumberland County Courthouse, Carlisle, Pennsylvania on Tuesday, Apri124, 2012. Should you have any objections to the account or to the proposed schedule of distribution, the objections should be filed in writing with the Clerk no later than 9:00 AM on Tuesday, Apri124, 2012. Additionally, a complete copy of any filed objections shall be provided to counsel. If no objections aze filed thereto, the objections will be deemed waived. Respectfully submitted, Date: 3 - C!- I ~- JAMES, SMITH, CK & CONNELLY, LLP By: Edward P. Seeber, Esquire Attorney ID No. 76084 Suite C-400, 555 Gettysburg Pike Mechanicsburg, PA 17055 (717) 533-3280 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 1.4-6~Z o2t- 4~- 0~/~7 TRUST UNDER WILL OF CLYDE RAYBURN ADJUDICATION AND ORDER AND NOW, this ~~day of April, 2012, the record of this case shows that the First and Final Account of Miles J. Gibbons, Jr., Trustee of the Trust Under Will of Clyde Rayburn, deceased, has been filed and advertised according to law. Notice of the filing of the Account has been given to the beneficiaries of the Estate, as evidenced by a Certificate of Service filed with the Court by Counsel for the Estate. No exceptions have been filed. The Account is hereby confirmed as filed by the Trustee of the Trust. More specifically, the payments heretofore made, as more fully set forth in the Account, are hereby approved and confirmed and the Schedule of Proposed Distribution filed with the Account, is hereby approved; all subject to any rights of exception or appeal under applicable court rules. This is a Nisi Order which shall become absolute unless written exceptions aze filed within ten (10) days after the date of this Order. BY THE COURT: [~ " ,Judge ~; in Orphans' Court Division ~ ~ ~~ ~ ~-- n ~ c ~ to .fi- ~// y ,,,',~ _n V` n~ r w ~ ~' n-, ~~ >, ~ <:~ ~_ ~ _v _. ~..7 -, , f~, .- 'uJ '~-E ~~ ~-' to