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08-3766
F:\FILES\C6eots\13021 Schneider Truc1*\13021.I.com1.wpd Created: 9/20/04 0:06PM Revised: 6/25/08 10:32AM George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administrator of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D 0 7 ?o (o G?vfeen? CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. THIS IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administrator of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 K` 3-266 cPj atl,? CIVIL ACTION - LAW COMPLAINT 1. Schneider National, Inc. ("Plaintiff') is a Wisconsin corporation with a principal place of business located at P.O. Box 2545, Green Bay, Wisconsin. 2. Joyce E. Capp, Administrator of the Estate of Michael R. Guschel, is an adult individual residing at 685 Moores Mountain Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Michael R. Guschel was an adult individual who resided at 297 Walnut Lane, Carlisle, Cumberland County, Pennyylvania 17013. 4. Michael R. Guschel was employed by Plaintiff from December 13, 1992 to February 16, 2008. 5. Michael R. Guschel died on February 16, 2008. 6. An estate was opened and Letters of Administration were issued to Joyce Capp (Mr. Guschel's mother) on February 25, 2008. 7. Barbara L. Guschel ("Defendant Guschel") is an adult individual residing at 1511 Texas Parkway, Crestview, Okaloosa County, Florida 32536. 8. Defendant Guschel is Michael Guschel's ex-wife. 9. Michael R. Guschel had a life insurance policy through his employment with Plaintiff and also participated in Plaintiffs retirement plan. 10. Mr. Guschel's life insurance policy provided for a death benefit of $20,000.00. 11. As of December 31, 2007, Mr. Guschel's retirement plan had a value of $97,146.41. COUNT I - ACTION FOR DECLARATORY JUDGMENT 12. Paragraphs 1 through 11 are hereby incorporated by reference as though fully set forth below. 13. Plaintiff acknowledges that the proceeds ("Proceeds") of the life insurance policy and retirement plan are owed to at least one of the Defendants to this action. 14. Both Defendants assert that they are entitled to the Proceeds. 15. An actual existing controversy exists between the Defendants as to the entitlement of the Proceeds. 16. The rights of the Defendants to the Proceeds can be determined by a declaratory judgment. 17. The Plaintiff seeks Declaratory Judgment relief so as not to prejudice its rights in potentially paying the wrong party. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue a declaratory judgment declaring the proper party entitled to the proceeds of Michael R. Guschel's life insurance policy and retirement plan, along with such other relief as this Court deems just and proper. COUNT II - INTERPLEADER 18. Paragraphs 1 through 17 are hereby incorporated by reference as though fully set forth below. 19. Because both Defendants are claiming entitlement to the proceeds of the Policies, in the absence of an interpleader, Plaintiff may be subject to multiple liability to Defendants. 20. This claim for interpleader is filed in good faith and not in collusion with the Defendants or any other claimant. 21. Defendants claim entitlement to the Proceeds. 22. Pending the resolution of the parties' rights, Plaintiff is willing and able to pay the entire amount of the Proceeds into this Court or to such other person as this Court may direct. 23. Plaintiff acknowledges that either one or both of the Defendants are entitled to the Proceeds. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order: (a) interpleading the Proceeds; (b) staying all proceedings pending final judgment in this matter; (c) discharging Plaintiff from any liability to either Defendant upon payment into Court of the Proceeds due and owing; (d) awarding Plaintiff the costs of suit, including reasonable attorney fees; and (e) granting such other relief as may be appropriate under the circumstances. MARTSON LAW OFFICES By: Geor B. er, Jr., Esquire I.D. No. 498q3 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 25, 2008 Attorneys for Plaintiff VERIFICATION I, Thomas Vandenberg, General Counsel for SchneiderNational, Inc., hereby verify that I am authorized to sign this Verification and have reviewed the foregoing document and to the extent that the foregoing document contains facts supplied by or known to me, they are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unworn falsification to authorities. Schneider National, Inc. Date: Gps-48' Thomas Vandenberg, Esquire I- 1] , a °\l N 1 T.r. S? PENNSYLVANIA V. SCHNEIDER NATIONAL, INC., Plaintiff, JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : NO: 08-3766 CIVIL TERM PETITION FOR INTERVENTION AND NOW, comes Joyce E. Capp, by her attorneys, Snelbaker & Brenneman, P.C., and respectfully petitions the Court pursuant to Pa. R.C.P. 2327(1) for leave to intervene in this action as a parry defendant based upon the following averments: 1. The Petitioner herein is Joyce E. Capp, an adult individual, who appears in her individual capacity, and who resides at 685 Moore's Mountain Road, Mechanicsburg, Pennsylvania, 17055. Petitioner is not presently a party in her individual capacity. 2. Plaintiff in this action seeks to have certain funds in its custody or in its control distributed to the appropriate beneficiary with respect to a 401(k) retirement plan owned by Michael R. Guschel and the proceeds of life insurance on Michael R. Guschel's life. Michael R. Guschel died on February 16, 2008. 3. Plaintiff's Complaint names only two (2) beneficiaries (the Defendants), namely: a. Barbara L. Guschel, former wife of Michael R. Guschel, and b. Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, Deceased. 4. The 401(k) retirement plan names Barbara L. Guschel, "Wife", as primary LAW OM:ES SNELBAKR EC beneficiary and Joyce E. Capp, "Mother", as contingent beneficiary. BRENNEMAN, P.C. 11 #, 7. 5. The life insurance policy names Barbara L. Guschel, "Wife", as beneficiary. There is no named contingent beneficiary; however, the policy provides that upon failure of the named beneficiary, various relatives, including mother or father, will be beneficiaries. 6. For all the reasons set forth in New Matter (Additional Matter) in the attached proposed Answer to Complaint, Petitioner contends that the primary beneficiary in both funds is not entitled to the Proceeds of either Fund, and that Petitioner is indeed entitled as contingent or secondary beneficiary, said New Matter (Additional Matter) being incorporated herein by reference thereto in fulfillment of the requirements of Pa. R.C.P. 2328(a) with regard to the grounds for granting intervention and the relief sought. 7. Unless permitted to intervene, Petitioner is so situated as to be adversely affected by a disposition of the retirement fund and life insurance proceeds. 8. Petitioner could have and should have been joined in this action as an original party. 9. If allowed to intervene, Petitioner will file an Answer to Plaintiff's Complaint, a true copy of which is attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 10. Petitioner has not delayed unduly in filing this petition for Intervention inasmuch as the action was only recently commenced, to wit: June 26, 2008. 11. The interest of Petitioner is not already represented in this action. 12. Petitioner recognizes the overall propriety of the Plaintiff's action. 13. The granting of the intervention will not unduly delay, embarrass or prejudice LAW OFFICES SNELBAKER & BRENNEMAN, P.G. the trial or the adjudication of the rights of the parties. 2 WHEREFORE, Petitioner requests this Court to grant Petitioner leave to intervene as a party defendant in this action and to stay all proceedings pending the disposition of this Petition. S ZAAKERR & BRENNEMAN, P.C. By. Richard C. Snelbaker, Esquire Attorney I.D. # 06355 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Intervenor Low OFFICES SNELBAKER & BRENNEMAN, P.C. i,, 4. VERIFICATION I, Joyce E. Capp, do hereby certify that I am the Petitioner in the foregoing Petition for ution, that the facts in the foregoing Petition within my personal knowledge are true and and that with regard to facts received from others, I believe to be true and correct. I and that any false statements made herein are subject to the penalties of 18 PA C.S. relating to unsworn falsification to authorities. -4!s Joyce E. pp :July 8 , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. EXHIBIT A TO PETITION FOR INTERVENTION SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, Defendants and JOYCE E. CAPP, individually, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-3766 CIVIL TERM IMPORTANT NOTICE TO: SCHNEIDER NATIONAL, INC., Plaintiff and George B. Faller, Jr. Attorney for Plaintiff TO: BARBARA L. GUSCHEL, Defendant TO: JOYCE E. CAPP, Administratrix of the Estate of Michael R. Guschel You are hereby notified to file a written response to the enclosed New Matter (Additional LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Matter) as contained in the Intervenor's Answer to Complaint within twenty (20) days from service hereof or a judgment may be entered against you. SNELBAKE BRENNEMAN, P.C. By Richard C. Snelbakrer, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Intervenor LAW OFFICES SNELBAKER & BRENNEMAM P.C. SCHNEIDER NATIONAL, INC., IN THE COURT OF CQMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 08-3766 CIVIL TERM JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL : and BARBARA GUSCHEL, ; Defendants and JOYCE E. CAPP, individually, Intervenor ANSWER TO COMPLAINT AND NOW, comes Joyce E. Capp, Intervening Defendant, by her attorneys, Snelbaker & Brenneman, P.C., and responds to Plaintiff s Complaint as follows: 1. Admitted. 2. It is denied that Joyce E. Capp resides in Cumberland County and that she is the "Administrator" of an estate. On the contrary, it is averred that her residence is in York County and that she is the Administratrix of the Estate of Michael R. Guschel, Deceased. All other averments are admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 1 10. Admitted. 11. Admitted. COUNT I - ACTION FOR DECLARATORY JUDGMENT 12. Admitted as modified by the foregoing paragraphs of this Answer. 13. While Intervenor acknowledges that Plaintiff recognizes at least the two original Defendants as possibly entitled to the Proceeds of the retirement plan and life insurance, it is denied, however, that there are only two claiming Defendants. On the contrary and for all the reasons set forth in New Matter (Additional Matter) hereinbelow, Intervenor must be considered as one of the persons to whom the Proceeds are owed. 14. It is admitted that the original Defendants claim the proceeds, but it is denied that only such Defendants make such claim. On the contrary, Intervenor also asserts her right to the Proceeds as set forth in New Matter (Additional Matter) hereinbelow. 15. It is admitted that an actual existing controversy exists between the original Defendants, but it is denied that only such Defendants are included in the controversy. On the contrary, Intervenor also joins in said controversy for all the reasons set forth in New Matter (Additional Matter) hereinbelow. 16. It is admitted that a declaratory judgment can determine the rights of the original Defendants, but it is denied that only the rights of such Defendants should be so determined. On the contrary, Intervenor's rights can and should be included in such declaratory judgment proceeding for the reasons set forth in New Matter (Additional Matter) hereinbelow. 17. Admitted. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WHEREFORE, Intervenor joins in the request for relief as a party claimant to the Proceeds of said life insurance policy and retirement plan. 2 COUNT II-INTERPLEADER 18. No answer is required to the content of this paragraph. By way of further response, Intervenor's averments contained in paragraphs 1 through 17 in the foregoing Answer are incorporated herein by reference thereto. 19. The averments in paragraph 19 are admitted except that the reference to "both Defendants". It is denied that Plaintiff's exposure to liability is limited to the original Defendants. On the contrary, it is averred that Intervenor should be included as a party claimant. 20. Admitted. 21. It is admitted that the original Defendants claim entitlement to the proceeds, but it is denied that only such Defendants claim entitlement. On the contrary, it is averred that Intervenor is a party claiming said proceeds as set forth in New Matter (Additional Matter) hereinbelow. 22. Admitted. 23. While Intervenor acknowledges that Plaintiff recognizes at least the two Defendants named as original Defendants as entitled to the Proceeds of the retirement plan and life insurance, it is denied, however, that there are only two claiming Defendants. On the contrary and for all the reasons set forth in New Matter (Additional Matter), Intervenor must be considered as the person to whom the Proceeds are owed. WHEREFORE, Intervenor joins in the request for relief as a party claimant to the Proceeds of the retirement plan and life insurance. LAW OFFICES SNELBAKER & BRENNEMAN. P.C. 3 NEW MATTER (ADDITIONAL MATTER) In further support of Intervenor's claim and factual background for the determination of entitlement, Intervenor avers the following: 24. Intervenor's averments in paragraphs 1 through 23 hereinabove are incorporated herein by reference thereto. 25. Michael R. Guschel (hereinafter called "Michael") was born on May 12, 1963 to Joyce E. Guschel, now Joyce E. Capp, the Intervenor herein. 26. Michael intermarried with Defendant Barbara L. Guschel on August 15, 1987. 27. During Michael's employment with Plaintiff Schneider National, Inc., he participated in "Schneider National, Inc. 401(k) Savings and Retirement Plan" (hereinafter called "401(k) Plan") and the employer's group life insurance program (hereinafter called "Life Insurance"). 28. On or about December 11, 1992, Michael designated Defendant "Barbara L. Guschel, Wife" as "primary beneficiary" of the death benefits under the 401(k) Plan and Intervenor "Joyce E. Capp, Mother" as "contingent beneficiary", all pursuant to a "Schneider Retirement Plan Enrollment" document, a true copy of which is attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 29. On or about December 11, 1992, Michael designated Defendant "Barbara L. Guschel" as his wife as the beneficiary of his group life insurance policy in a "Group Enrollment Form" document, a true copy of which is attached hereto marked "Exhibit B" and incorporated herein by reference thereto. There was no designation of a contingent or LAW OFFICES SNELBAKER & secondary beneficiary. BRENNEMAN, P.C. 4 e . .i„ 30. The master policy for the Life Insurance specifies the alternate beneficiary(ies) upon the failure of the named beneficiary, a true copy of the pertinent provision being attached hereto marked "Exhibit C" and incorporated herein by reference thereto. 31. Michael and Defendant Barbara L. Guschel were duly divorced on January 30, 2007, by action in this Court docketed to No. 06-6038 Civil Term, a true and correct copy of the Decree in Divorce being attached hereto marked "Exhibit D" and incorporated herein by reference thereto. 32. Michael died on February 16, 2008, and was unmarried. 33. The designations of beneficiary for the 401(k) Plan and the Life Insurance were not re-executed by Michael subsequent to said divorce nor did any court order or written contract between Michael and Barbara L. Guschel provide that the beneficial designation was intended to survive the divorce. 34. Defendant Barbara L. Guschel is barred from receiving the benefits under the 401(k) Plan and Life Insurance for all or any of the following reasons: A. Failure of Defendant Barbara L. Guschel to fulfill the status of "wife" in the beneficiary designation of the 401(k) Plan and Life Insurance Policy; B. Operation of Pennsylvania statutory law as set forth in 20 Pa. C.S.A. §6111.2; C. Operation of §6.1 of the "Schneider National, Inc. 401(k) Savings and Retirement Plan", a true copy of said section is attached hereto marked "Exhibit E" and incorporated herein by reference thereto and D. Barbara L. Guschel released all interests in Michael's estate and assets by the Marriage Settlement Agreement attached as "Exhibit D". 35. Intervenor is entitled to all the proceeds of the 401(k) Plan pursuant to her LAW OFFICES SNELBAKER & designation as contingent beneficiary of the benefits as indicated on "Exhibit A". BRENNEMAN, P.C. 5 36. Intevenor is entitled to all the proceeds of the Life Insurance (there being no spouse, child or children) pursuant to the terms of the master policy, the relevant portion of which is attached as "Exhibit C". WHEREFORE, Intervenor requests the Court to: A. Declare Intervenor to be the person entitled to the benefits/Proceeds of the 401(k) Plan and the Life Insurance; B. Enter judgment for such entitlements in favor of Intervenor and against Plaintiff and original Defendants; and C. Order such additional and further relief as the Court shall determine to be just and proper. SN BAKER &t BRENNEMAN, P.C. By: •.%., Richard C. Snelbaker Attorney I.D. # 06355 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 6 '+. _ . VERIFICATION I, Joyce E. Capp, do hereby certify that I am the Intervenor in the foregoing Answer to Complaint with New Matter (Additional Matter), that the facts in the foregoing Answer within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to unworn falsification to authorities. e. ef..A dl Joyce Capp Dated: July 8 , 2008 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. EXHIBIT A 2?co8 THU 02.30 PM SO'1NR DRR LLGAL DLP7 rAX NO, 9205923891 P. 04 EI1rOllmen? i, Change 77 Name (Print) i? In ZJ,r?-11 Social Security Number ,X?) ('- SNi Organization Employed By 5 ?1?-63 Date of Birth Date of Hire -7- 1- °1.9) Effective Date Please Cheek ??? / Driver/4 ? Shop/# OFFICE: PARTI INVESTMENT OPTION - I hereby request that all monies presently credited to my account and all future contributions be invested as checked below. Indicate the percentageAo be invested in each fund. Choose multiples of 10% to equal 100% total. Fixed Income Fund 0 % Balanced Fund 70 % Stock Index Fund Z C %e Stock Capital Growth Fund / J % Total 100 % I understand that I am not guaranteed a specific percentage of earnings resulting from the above investments. I further understand that the Plan provides me the opportunity to change the Investment Option monthly provided written notice Is submitted to the Benefits Department at least 15 days prior to the applicable calendar month. If you wish to participate in the 401(k) Plan you must complete Part II of this document and return it to the Benefits Department. PART 11 APPLICATION TO PARTICIPATE - I hereby authorize contributions in the following percentage of my pay as of the beginning of the month following my eligibility date, ? 0% ? 1 % ? 2% ? 3% D 4% ? 5% X 5% ? 7% ? $°lfl ? 9%0 ? 10% ? 11% ? 12% ? is% ? 14%a ? 15% I understand that my contribution rate can be changed at the beginning of each month by providing at least 15 days prior written notice to the Benefits Department. Contributions can be discontinued at any time. DESIGNATION OF BENEFICIARY I hereby request that any death benefits to which my beneficiaries may be entitled under the terms of the Schneider Retirement Plan shall be payable as follows: The primary fJ beneficiary shall be: 0 I ?1p r'Q l Name Street Address Z?t -F dvr?a /,.4 J/CS Ss Relationship City State Zip In the event that the primary beneficiary shall die prior to the complete distribution lofCmy account, the contingent beneficiary shall be: f-111 " 4 44 /71 r 1Jl Street Andress Relationship City State Zio PARTICIPANT SIGNATURE I understand that, if applicable, my primary beneficiary will be my spouse (to whom I have been married for at least one year) and the naming of someon eise pri eneticiary will be in otive, unless my spouse consents (in the manner provided for below): ' Signatu Date Signed I. declare that I am the spouse of to whom I have been married for at least one year. I understand the effect of the above election and I hereby consent to the naming of someone other than myself as my spouse's primary beneficiary under the Schneider Retirement Plan, Signature of Notary Public Spouse's Signature Date Signed EXHIBIT B Y f.' Wausau insurance companies GROUP ENROLLMENT a PO BOX 8017 a WAUSAU WI 54402.8017 rAX K0, 9205923891 P. 03 Group Enrollment Form ( ) ORIGINAL GROUP (A NF-W EMPLOYEE ( ) LATE ENROL.LEB ( ) RETURN TO WORK ( ) COBRA ( ) WAIVE ALL COV£RAG r ?- - Social Security No. ?C . r ` ? /} ' • h I ! ' ?? Employee's Name - i? y..r -h;. { (First) IMi) n {Lau! ( n (? -- $?J 17C• Addressa . 1 (gtrsell (City) (state) (Zw Caoel far s E Job Name / Location Job Title__ - - Started Work Date / Earnings Hours Worked Weekly- Weeks Worked Yearly ------------------------------------- PE BENEFICIARY ?I G ~ ? o I- t" (?-6;?(, C ? # I Birth Date ?ZZ Relationship ° Benefit S•?Q ham, neo (first "amp) (MI) 1161140 THE AMOUNT OF LIFE INSURANCE IN FORCE AT ANY TIME SHALL RE IN ACCORDANCE WITH THE PROVISIONS OF THE MASTER P.0 LICY. OTHER INSURANCE: Do you or any family member have other Group Coverage? Health, ? Yes, Single Coverage ® Yes, Family Coverage 0 No ?j J ` Dental: O Yee, Single Coverage Q Yes, Family Coverage ? No If yes, persona name /.'a A r h u' rd- L.. Employer's Insurance Policy Na Company - - - Number COVERAGE NEQUESTEED: eAealth or Cl HPP 9 Employee only D Family ? waive Life Q Employee only ? Family M Waive Check Appropriate Boxes: Weekly Income ? Employee only C Waive Dental C Employee only 0 Family 0 Waive If waiving coverage, or an employee with dependents electing only employee coverage, read the N07{CE TO LATE ENROLLEES below. DEPENDENT INFORMATION DOES THIS CHILD WHAT % OF SUPPORT NAME Last First MI BIRTH PATE SEX R:L4TIONSHIP RESIDE WITH YOU? DO YOU PROMDE THIS CHILI Spouse Child 1 2 4 b Natural Step Other Child Child Q ? ? a o n a a a ? C ? if "OTHiR", Please explain If subsequent changas occur in the above information, notify uz immediately I hereby oertifv that all of the above information is true and correct. I understandthat group coveragewill not be effective until all quesfionsreCardin£ eligil: for coverage ravv teen sacisiar.?orily resolvud by Wausau Insurance Companies, I hereby apply for the group coverage and authorize deductions tr m my earns g the amount required, if any, to cover any contribr,ttion for group coves for which { am or may become eligibta? - Z e I;Wk !/ /tai q EM11P1 A°LE'F lro NATURE NOTICE TO LATE ENROLLEES If you are not covered Within 31 days after becoming eligible, you are required to fulfill the following requirements prior to receiving erwerage- HEALTH, WEEKLY INCOME and LIFE - Furnish at your own expense, evidance of insurability (a p;;ysicai exam) for you or your V'apendents. satiOamc WAUSAU INSURANCE COMPANIES, In the case of dependents, all must provide satisfactory evidence of insurability before any dependents receive oo•ie WAUSAU INSURANCE COMPANIES reserves the right to refuse to orant,coverage to late enrollees. DENTAL • Pay the full amount of premium for the first 12 months coverage is in force, During that time, benefits shall be limited to those due to accidental t injury, POUCYMOLDER RETAIN ONE COPY SEND ONE COPY TO INSURANCE COMPANY TH U2:3CI Ph KREIDER LEGAL DEP" 19 Male 0 Single 0 Divorced Birth Date e- / ro -3 C Fame le R Married O Widowec ,v 1 EXHIBIT C To Whorn Payable Death Benefits will be paid to the Insured's named beneficiary, if any, on file at the time of payment or to the certificate owner if alive. If there is no named beneficiary or surviving beneficiary, Death Benefits will be paid to the first surviving class of the following living relatives: spouse; child or children; mother or father; brothers or sisters; or to the executors or administrators of the Insured's estate. We may reduce the amount payable by any indebtedness due. All benefits payable under the Accelerated Benefits section are payable to the Insured, if living. If the Insured dies prior to the payment of an eligible claim for an Accelerated Benefit, benefits will be paid in accordance with the provisions applicable to the payment of Life Insurance proceeds, unless the Insured has directed us otherwise in writing. However, any payment made by us prior to notice of the Insured's death shall discharge us of any benefit that was paid. All other benefits unless otherwise stated in the Policy, will be payable to the Insured or the certificate owner if other than the Insured. Any other accrued benefits which are unpaid at your death may, at our option, be paid either to your beneficiary or to the executor or administrator of your estate. If we pay benefits to the executor or administrator of your estate or to a person who is incapable of giving a valid release, we may pay up to $1,000 to a relative by blood or marriage whom we believe is equitably entitled. This good faith payment satisfies our legal duty to the extent of that payment. EXHIBIT D ..4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BARBARA L. GUSCHEL VERSUS DEFENDANT No. 06-6038 DECREE IN DIVORCE AND NOW, ?/ _` Zaa7 IT IS ORDERED AND DECREED THAT BARBARA T C'TTSC'x7FT PLAINTI FF, AND MICHAEL R. GUSCHEL DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; incorporated but shall not merge BY THE in the final Divorce Decree. O U RT: ATTE :) i ?/' PROTHONOTARY 4 BARBARA L. GUSCHEL Plaintiff, V. MICHAEL R. GUSCHEL, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6038 : CIVIL ACTION- LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this / G *?l day of v r 2007, by and between -JM Barbara L. Guschel, of 3531 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Michael R. Guschel, of 21860 Wiley St., Neelyton, Huntington County, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: - cV WHEREAS, Husband and Wife were lawfully married on August 15,1987; and -77 ;., WHEREAS, differences have arisen between Husband and Wife in consequence of whick-', intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The parties acknowledge that they have had the opportunity to receive independent legal advice from counsel of their selection and that they fully understand the facts and have been informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable. It is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. SEPARATION.. It shall be lawful for each party at all times hereafter to continue to live separate and apart from the other party. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either party. The parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties and may be enforced in an action independent of the Divorce Decree. The parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301 of the Pennsylvania Divorce Code. INTERFERENCE. Each parry shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2 6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and hold harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and hold harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the parties and, further, that the Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. REAL PROPERTY. The parties acknowledge that Husband and Wife hold title as tenants by entireties to the premises identified as 3531 Trindle Road, Camp Hill, Pennsylvania (the "marital residence"). The parties agree Wife shall retain sole ownership 3 , • , 1 - ; and possession of the marital residence and Husband shall relinquish any and all claims he has to the property. The parties agree as follows with respect to the marital residence: On August 4, 2006 Husband delivered to Wife a quit claim deed conveying to Wife all of his right, title, and interest in and to the marital residence. A copy of the deed is attached to this agreement as "Exhibit A". ii. Wife shall be solely responsible for all present and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but no limited to, all real estate taxes, water and sewer rents, gas, electric expenses and repairs, and Wife shall keep Husband and his successors , assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the marital residence. iii. There is presently only one outstanding mortgage against the marital residence in favor of Wells Fargo Financial (mortgage). Commencing on the date of execution of this agreement, Wife shall be solely responsible for the timely payment of all present and future principal, interest, and other fees due under the mortgage. The second mortgage on the residence has been paid in full due to Husband's transfer of thirty-three thousand dollars ($33,000) from his 401K plan. iv. Wife and Husband have taken the necessary steps to have the mortgage transferred to Wife's name alone and this transfer has been approved by Wells Fargo Financial. V. Wife shall indemnify and hold Husband harmless from any liability, cost, or expense, including attorney's fees, incurred subsequent to the execution date of this agreement in connection with any expense required to be made by Wife including, but nit limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises, and in the event that Wife should die, and at that time, there should remain any outstanding balances on the mortgage, it shall be Wife's estate's obligation to satisfy the mortgage. b. PERSONAL PROPERTY. The parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home. Neither party shall make any claim to any such item of tangible personal 4 property whether said items are marital property or said items are separate personal property of either party. Wife shall specifically retain possession of the those items listed in the attached Exhibit, labeled "Exhibit B." A list of the specific items to which Husband shall retain possession is attached as "Exhibit C." c. MOTOR VEHICLES. Wife is entitled to retain the 2005 Kia Sedan. Wife shall be solely responsible for the timely payment of all past, present, and future principle, interest and other fees due relating to the 2005 Kia Sedan and Wife shall hold Husband harmless from any liability, cost, or expenses, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the 2005 Kia Sedan. Husband shall retain the 1995 Ford F150,1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. Husband shall be solely responsible for the timely payment of all past, present, and future principle, interest and other fees due relating to the 1995 Ford F 150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. Husband shall hold Wife harmless from any liability, cost, or expense, which are incurred in connection with or resulting from Husband's ownership interest in 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle, d. MARITAL DEBT. The parties agree that the Credit Cards in the Husband's name shall be paid by Husband, and the Credit Cards in the Wife's name shall be paid by Wife. Husband shall hold Wife harmless for credit card debt in his name and Wife shall hold Husband harmless for credit card debt in her name. Husband agrees to hold Wife harmless from any and all claims or demands made against her for payments, liability, costs or expenses by reason of debts or obligations incurred by Husband associated with the balance due on the CitiFinancial loan from the purchase of the Pontiac Fiero. The Citifinancial Loan, currently under both parties' names, shall be paid in full by Husband within thirty days from the execution of this agreement. If Husband fails to pay the balance of the Citifinancial Loan within thirty days, he agrees to refinance the loan to remove Wife's name as one of the borrowers. 11. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 12. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the party breaching this Contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 16. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 17. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both parties and each party acknowledges that 6 this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. Wit es Barbara L. Guschel, Plaintiff itne Michael R. Gusc el, Defendant 7 Tax Parcel No. 01-21-0275-069 quit cIarm ;Weeb THIS INDENTQRE made this L+ day of J? U Y4 t , 2006. MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, husband and wife (hereinafter referred to as Grantor(s)), AND BARBARA L. GUSCHEL, a married woman (hereinafter referred to as Grantee(s)), WITNESSETH that the said Grantor(s), in consideration of the sum of ---ONE AND 001100 ----- ($1.00)---------- DOLLAR, lawful money of the United States of America unto them well and truly paid by the Grantee(s), at or before the sealing and delivery thereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantee(s), their heirs and assigns, ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, formerly Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the southeast corner of Trindle Road.and June Drive as shown on the hereinafter mentioned plan of lots; thence southwardly along the eastern side of June Drive a distance of ninety (90) feet to a point at the division lines between Lots Nos. 50 and 51 on said plan; thence eastwardly along said division line a distance of one hundred and ten (110) feet to a point; thence North twenty- four (24) degrees twenty-six (26) minutes West a distance of ninety (90) feet to a monument on the southern side of Trindle Road; thence westwardly along the southern side of Trindle Road a distance of one hundred and ten (110) feet to a point, the place of BEGINNING. IT BEING Lot No. 50, Block "A" on Plan of Lots of Trindle Village, Section 1, recorded in the Recorder's Office in and for the County of Cumberland in Plan Book 8, Page 31. EXHIBIT R HAVngG ERECTED thereon a single dwelling with a two-car attached garage known and numbered as.3532 Trindle Road. BEING THE SAME PREMISES which Dennis A. Metz and Tracy Lynn Miller Metz, his wife, by deed dated August 24, 1993 and „t recorded in the Office of the Recorder of Deeds"In and for Cumberland County in Deed Book 36-M, Page 548, granted and conveyed unto Michael R. Guschel and Barbara L. Guschel, his wife, Grantors herein. Michael R. Guschel executes this Deed to grant and convey all his right, title and interest in the within described premises to Barbara L. Guschel. THIS IS A CONVEYANCE FROM HUSBAND AM WIFE TO WIFE AND IS THEREFORE MMMP'T FROM REALTY TRANSFER TAX. TOGETHER with all and singular the buildings,. improvements, wags, streets, alleys, driveways, passages, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto' the hereby granted premises belonging, or in any wise. appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of Grantor(s), as well at law as in equity, of, in, and to the same. TO HAVE AND TO HOLD the lot or piece of ground described above with the messuage or tenement thereon erected hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto Grantee(s), their heirs and assigns, to and for the only proper use and behoof of Grantee(s), their heirs and assigns forever. "AND the said Grantor(s), for themselves, their heirs, executors and administrators, do covenant, promise and agree, to and with the Grantee (s), their heirs and assigns, by these presents, that they, the said Grantor(s)and their heirs, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, their heirs and assigns, against them, the said Grantor (s) and their heirs, and against all and every person and persons whomsoever lawfully claiming or to claim P + 18'4 the same or any part thereof, b them or any of them, shall and will, Subject as aforesaid WARRANT and forever DEFEND." id IN WITNESS WHEREOF the undersi this Deed the day and geed Grantor(s) have executed year first above WITNESS: written. COMMONWEALTH OF? PENNSYLVANIA / b_c"4 COUNTY OF Cur MI L R. GUSCHE BARBARA L. GUSCHEL ss. On this the L day of 5-? the undersigned officer ? 2006, before me,. persona named MICHAEL R. GUSCHEL,knownto mePpeared the above proven) to be the person whose name (or satisfactorily foregoing Indenture, and acknowledgedsthatshe1exec t the same for the purpose therein contained, and desired thethe same might be recorded as such, according to law. In witness whereof, I have hereunto set my hand and official seal. C022 CU1'.?sLT,i OF PENNSYLVANIA ARIAL SEAL o f pub l i c CAC[1' N MARY :::EXPIRES iCH N99j MY , R 1 2g I i K '! List of Personal Property retained by Plaintiff: • Living room furniture, including but not limited to sofa, love seat, wall unit, rocking chair, and Lazyboy recliner • 1 riding mower • 1 ptzl;h mower • Set of car ramps • Spare Bedroom furniture, including but not limited to Queen sized Bed, dresser, and chest • Dell Computer • Dining room table and chairs • Snow blower • Leaf blower • Rake, shovel, hoe, push broom and hand saw • David Winter Cottages • Washer and Dryer • Shop Vacuum • Grill • Outdoor table and chairs • 20" television • Corner computer desk • Console television • DVD player • VCR • 1 Wicker round table and 2 chairs • Patio bar and 2 stools • Standing jeweler box PLAINTIFF'S EXHIBIT . 41; List of Personal Property retained by Defendant: • King sized bed and bedding • 2 night stands • 2 wing-back chairs • 2 orange living room chairs • 2 bedside lamps • Sofa and matching chair • Large generator • Power washer • Large air compressor • Stereo and speakers • Large Craftsman toolbox and Craftsman tools contained therein • Train sets • 24" Television • 19" Television • Chainsaw • Table saw • Table press 0 Small refrigerator • Black five-shelf locking took cabinet • Blow torch 0 Metal clamps C i-i EXHIBIT E . A- i ARTICLE VL DISTRIBUTIONS AND WITHDRAWALS Section 61 Distribution Upon Termination or Disabiliri. A Participant who terminates employment with all Employers and Affiliates, or terminates such employment on account of a Disability, is entitled to receive a distribution of the entire value of the nonforfeitable portion (as described in section 5.1) of the Participant's Account as of the Valuation Date coincident with or next preceding the date of distribution. Distribution shall take the form of an immediate lump sum cash payment. The date of payment shall be subject to section 6.5. The distribution shall be charged against the Account after the processing of all other accounting items with respect to the applicable Valuation Date. If the nonforfeitable portion of a Participant's Account does not exceed $5,000 ($3,500 prior to January 1, 1998)(or such higher amount as may be permitted under applicable law or regulation), then such distribution shall be made (without the Participant's consent) promptly following termination of employment. Section 6.2. Distribution Upon Death. (a) Distribution. If a Participant dies; the Participant's Beneficiary shall receive a distribution of the entire value credited to the Participant's Account as of the date of death, adjusted to date of actual payment. Distribution shall take the form of a lump sum cash payment. The date of payment shall be subject to section 6.5. (b) Beneficiary. (i) General. "Beneficiary' means the person or persons (who may be named contingently or successively), including a trust or an estate, designated by a Participant, to whom the Participant's Account is to _ be paid in the event of the Participant's death. Each designation will revoke all prior designations by the same Participant. A desi tio shall be made on a form ' prescribed by the AdrninistraattoT n accordance with Administrator rules, If no Beneficiary is designated or a designation is revoked in whole or in part, or if a designated Beneficiary does not survive, the Account balance shall be payable to the Participant's estate or, if a small estate law is applicable, to the person entitled thereunder. (ii) Married Participants. Notwithstanding paragraph (i), in the case of a married Participant, the Beneficiary shall be the Participant's Spouse unless the Participant has designated another person a Beneficiary; the Spouse has consented in writing to such designation such consent acknowledges the effect of such election; and th signature of the Spouse is witnessed by a Plan representative or notary public. The Spouse's consent shall not be required if tI Spouse cannot be located or because of other circumstanc, prescribed by Treasury regulations. (iii) Notwithstanding the foregoing, effective January 1, 2000, in the eve of the Participant's divorce, the former Spouse shall cease to be Beneficiary unless, after such divorce, the Participant ag; designates such individual as a Beneficiary. 001.586515.8 -26- 'A! CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within Answer to lint with new Matter (Additional Matter) upon the following persons by sending the same first-class mail, postage paid addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 (Attorney for Plaintiff) Barbara L. Guschel 1511 Texas Parkway Crestview, FL 32536 (Defendant) Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, Deceased 685 Moore's Mountain Road Mechanicsburg, PA 17055. Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Intervenor , LAW oFMcEs gated; 2008 SNELBAKER & BRENNEMAN. P.C. 4 • M#j CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within Petition for Intervention upon the following persons by sending the same by first-class mail, postage paid addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 (Attorney for Plaintiff) Barbara L. Guschel 1511 Texas Parkway Crestview, FL 32536 (Defendant) Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, Deceased 685 Moore's Mountain Road Mechanicsburg, PA 17055. haPCSnneellbakerr., Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Intervenor Dated: July g , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.G. N cz? c=2 "n } r ? .t.m S _ l ,rn SCHNEIDER NATIONAL, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE E. CAPP, Administratrix Of the ESTATE OF MICHAEL R. GUSCHEL AND BARBARA GUSCHEL, DEFENDANTS NO. 08-3766 CIVIL ORDER OF COURT AND NOW, this 11th day of July, 2008, upon consideration of Joyce Capp's Petition for Intervention, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff and Barbara Guschel to show cause why the relief requested should not be granted; 2. The parties will file an answer on or before August 1, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. True and correct copies of this order and the underlying petition shall be served by petitioner's counsel by regular first class mail, postage paid addressed to Plaintiff and Barbara Guschel. 5. A hearing on this matter will be held on Tuesday, August 12, 2008, at 11:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. George B. Faller, Jr., Esquire Attorney for Plaintiff e P SO .? Rd 1 inr 9ooz AdVIC Q -p" -t Barbara L. Guschel Defendant Richard C. Snelbaker, Esquire Attorney for Defendant Capp bas Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 SCHNEIDER NATIONAL, INC., Plaintiff v. JOYCE E. CAPP, Administrator of the ESTATE OF MICHAEL R. GUSCHEL, and BARBARA L. GUSCHEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-3766 Civil Term Defendants and JOYCE E. CAPP, individually Intervenor PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Kindly enter my appearance as attorney for Defendant BARBARA L. GUSCHEL in the above captioned matter. .46 6w? Date: July 20 2008 C I" DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant Barbara L. Guschel .-4 ? ?. A 9... te,„,. ?`} F ?' ?? '?"' 6 F:a w+" ?? y. ! SCHNEIDER NATIONAL, INC., Plaintiff V. JOYCE E. CAPP, Administrator of the ESTATE OF MICHAEL R. GUSCHEL, and BARBARA L. GUSCHEL, Defendants and JOYCE E. CAPP, individually Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-3766 Civil Term CONSENT TO INTERVENTION OF JOYCE E. CAPP AND NOW comes Defendant Barbara L. Guschel, who, through her undersigned attorney, consents to the intervention in this matter by Joyce E. Capp and waives hearing on the matter of intervention. Respectfully submitted. Date: July 20, 2008 AguFaffsC. ove ace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant Barbara L. Guschel ??? C»r ? ` .. -'?, } , ?+.7 i ` ' , , ?? ?l.e , " " . - . " .: Mi -r- i ; " SCHNEIDER NATIONAL, INC., Plaintiff V. JOYCE E. CAPP, Administrator of the ESTATE OF MICHAEL R. GUSCHEL, and BARBARA L. GUSCHEL, Defendants and JOYCE E. CAPP, individually Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW : NO. 08-3766 Civil Term NOTICE TO PLEAD To: Schneider National, Inc., through its attorneys, George B. Faller, Jr. and Seth T. Moseby, Martson Law Offices, 10 East High Street, Carlisle, PA 17013 and Joyce E. Capp, through her attorney, Richard C. Snelbaker, Snelbaker and Brenneman, P.C., Attorneys at Law, 44 West Main Street, Mechanicsburg, PA 17055. You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you Very `respectfully, -Ae?rO 16*0F. Date: July 20, 2008 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant Barbara L. Guschel DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 SCHNEIDER NATIONAL, INC., Plaintiff V. JOYCE E. CAPP, Administrator of the ESTATE OF MICHAEL R. GUSCHEL, and BARBARA L. GUSCHEL, Defendants and JOYCE E. CAPP, individually Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW : NO. 08-3766 Civil Term DEFENDANT BARBARA L. GUSCHEL'S ANSWER TO PLAINTIFF'S COMPLAINT. RESPONSE TO INTERVENOR'S NEW MATTER (ADDITIONAL MATTER) AND NEW MATTER AND NOW, July 20, 2008, comes Defendant, Barbara L. Guschel, by her undersigned attorney, Douglas C. Lovelace, Jr., and files this Answer to Plaintiff's Complaint, Response to Intervenor's New Matter (Additional Matter) and New Matter and avers as follows: ANSWER 1. Denied. After reasonable investigation, Defendant Barbara L. Guschel is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 2. Denied. After reasonable investigation, Defendant Barbara L. Guschel is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. After reasonable investigation, Defendant Barbara L. Guschel is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. By way of further answer, Defendant Guschel is aware Michael Guschel executed a $20,000.00 life insurance policy naming Defendant Guschel as beneficiary; however, after reasonable investigation, Defendant Guschel is without knowledge or information sufficient to form a belief as to the truth of the averment that the present value of said policy is $20,000.00, and proof thereof is demanded, if relevant. 11. Denied. After reasonable investigation, Defendant Barbara L. Guschel is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. By way of further answer, Defendant Barbara L. Guschel is aware that Michael R. Guschel had a retirement plan with Plaintiff that named Defendant Guschel as beneficiary in the event of his death; however, Defendant Guschel, after reasonable investigation, is without knowledge or 2 information sufficient to form a belief as to the truth of the averment that the value of the retirement plan on December 31, 2007 was $97,146.41, and proof thereof is demanded, if relevant. COUNT I-ACTION FOR DECLARATORY JUDGMENT 12. No answer required. By way of further answer, Defendant Barbara L. Guschel hereby incorporates by reference her answers to paragraphs 1 through 11 as though fully set forth herein. 13. Denied as stated. Defendant Barbara L. Guschel avers that the proceeds of the said life insurance policy and 401(k) retirement plan are payable to her only, because she is the named beneficiary on said life insurance policy and retirement plan, and in accordance with the desire and action of the late Michael R. Guschel and applicable laws of the Commonwealth of Pennsylvania, Defendant Guschel is the only beneficiary who should receive the aforementioned proceeds. Defendant Guschel specifically denies that Defendant Capp, Administrator of the Estate of Michael R. Guschel, nor any other entity or person, is entitled to payment of all, or any portion, of the aforementioned proceeds. 14. Admitted. By way of further answer, Defendant Barbara L. Guschel avers that she alone is entitled to payment of the aforementioned proceeds. 15. Denied as stated. No valid controversy exists concerning entitlement to the aforementioned proceeds, since Defendant Barbara L. Guschel is the named primary beneficiary, in accordance with the desire and action of Michael R. Guschel, and is entitled to beneficiary status, in accordance with applicable laws of the Commonwealth of Pennsylvania. 16. Admitted. 3 17. Denied as stated. Defendant Barbara L. Guschel is the named primary beneficiary of the said life insurance policy and 401(k) retirement plan, in accordance with the desire and action of Mr. Guschel. In accordance with applicable laws of the Commonwealth of Pennsylvania, Plaintiff will not prejudice its rights by paying the proceeds of the life insurance policy and 401(k) retirement plan to Defendant Barbara L. Guschel. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Complaint with prejudice, order Plaintiff to pay all proceeds of the aforementioned life insurance policy and 401(k) retirement plan to Defendant Barbara L. Guschel, assess all costs against Plaintiff, and grant Defendant Barbara L. Guschel such other relief as the Court deems just and proper. COUNT II-INTERPLEADER 18. No answer required. By way of further answer, Defendant Barbara L. Guschel hereby incorporates by reference her answers to paragraphs 1 through 17 as though fully set forth herein. 19. Denied. Defendant Barbara L. Guschel is the named primary beneficiary of the said life insurance policy and 401(k) retirement plan, in accordance with the desire and action of Mr. Guschel. In accordance with applicable laws of the Commonwealth of Pennsylvania, Plaintiff will not be subject to multiple liability to the defendants in this action. Plaintiff is liable to Defendant Barbara L. Guschel, only. 20. Denied. After reasonable investigation, Defendant Barbara L. Guschel is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. By information and belief, 4 Defendant Guschel avers that Plaintiff allowed Defendant Estate of Michael R. Guschel to interfere with Plaintiff's discharge of its responsibilities to Defendant Guschel. 21. Admitted. 22. Admitted. 23. Denied as stated. Defendant Barbara L. Guschel admits that Plaintiff avers that either one or both defendants are entitled to the proceeds of the 401(k) retirement plan and life insurance policy; however, Defendant Guschel denies that Defendant Estate of Michael R. Guschel is entitled to the said proceeds, or any portion thereof. WHEREFORE, Defendant Barbara L. Guschel respectfully requests that this Honorable Court deny interpleading of the proceeds, order Plaintiff to pay all proceeds to Defendant Barbara L. Guschel, dismiss Plaintiffs Complaint with prejudice, assess all costs against Plaintiff, and grant Defendant Guschel such other relief as the Court deems just and proper. DEFENDANT GUSCHEL'S RESPONSE TO INTERVENOR JOYCE E. CAPP'S NEW MATTER (ADDITIONAL MATTER) 24. No response required. By way of further answer, Defendant Barbara L. Guschel hereby incorporates by reference her answers to paragraphs 1 through 23, as though fully set forth herein. 25. Admitted. 26. Admitted. 27. Admitted. 28. Denied asstated. It is admitted that Michael designated Intervenor Capp as contingent beneficiary, but only in the event that Defendant Barbara L. Guschel died 5 before Michael. By way of further answer, since Barbara did not die before Michael, Intervenor Capp never achieved and does not hold beneficiary status. 29. Admitted. 30. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that "Exhibit C" is a true and correct copy of the "master policy" for the life insurance policy owned by Michael and in which he named Defendant Barbara L. Guschel as beneficiary, and proof thereof is demanded, if relevant. 31. Admitted. 32. Admitted. 33. Denied as stated. Defendant Barbara L. Guschel admits that Michael did not remove her as beneficiary and did not designate a different beneficiary of the 401(k) retirement plan and life insurance policy. Defendant Guschel specifically denies that no writing provides that the beneficial designation was intended to survive the divorce. 34. Denied. Intervenor's averments in this paragraph draw incorrect conclusions of law, to which no responses are required, in accordance with the Pennsylvania Rules of Civil Procedure. In the event any or all of the averments in this paragraph are considered not to be incorrect conclusions of law, Defendant Barbara L. Guschel specifically denies that she failed to fulfill the status of wife as designated beneficiary. Defendant Guschel further denies that holding the status of wife upon the death of Michael was, or is, a condition for payment of the proceeds of the life insurance policy or the 401(k) retirement plan to Defendant Guschel. Defendant Guschel denies that Pennsylvania statutory law, to wit: 20 Pa. C.S.A. §6111.2, bars her from receiving the benefits under 6 the life insurance policy or the 401(k) retirement plan. Defendant Guschel further denies that §6.1 of the "Schneider National, Inc. 401(k) Savings and Retirement Plan" bars her from receiving the benefits under the life insurance policy or the 401(k) retirement plan and denies that "Exhibit E" of Intervenor Capp's New Matter (Additional Matter) is a true copy of said section in effect at the time Michael contracted with Schneider National, Inc. for the 401(k) retirement plan, and proof thereof is demanded. Defendant Guschel further denies that she released all interests in Michael's assets by their Marriage Settlement Agreement. By way of further answer, Michael and Barbara specifically agreed that Barbara would not be removed as beneficiary of the life insurance policy and 401(k) retirement plan, until such time as either Barbara or Michael remarried. 35. Denied. Intervenor avers an incorrect conclusion of law to which no response is required, in accordance with the Pennsylvania Rules of Civil Procedure. In the event Intervenor's averment is considered not to be an incorrect conclusion of law, Defendant Barbara L. Guschel specifically denies that Intervenor is entitled to all, or any portion, of the proceeds of the 401(k) retirement plan. 36. Denied. Intervenor avers an incorrect conclusion of law to which no response is required, in accordance with the Pennsylvania Rules of Civil Procedure. In the event Intervenor's averment is considered not to be an incorrect conclusion of law, Defendant Barbara L. Guschel specifically denies that Intervenor is entitled to all, or any portion, of the proceeds of the life insurance. WHEREFORE, Defendant Barbara L. Guschel respectfully requests that this Honorable Court declare her to be the person entitled to the benefits and proceeds of the 401(k) retirement plan and insurance policy, enter judgment for such benefits and 7 entitlements in her favor and against Intervenor Capp, assess all costs against Intervenor Capp, and grant Defendant Guschel such other relief as the Court deems just and proper. DEFENDANT BARBARA L. GUSCHEL'S NEW MATTER 37. In executing their written "MARRIAGE SETTLEMENT AGREEMENT," dated January 16, 2007, Michael R. Guschel and Barbara L. Guschel specifically agreed to the division and distribution of their real property, tangible personal property, motor vehicles, and marital debt. A true and correct copy of the said settlement agreement is attached hereto as "Exhibit A." 38. In executing the aforementioned written settlement agreement, Michael R. Guschel and Barbara L. Guschel did not divide, distribute, or otherwise address retirement plans, insurance policies, financial institution accounts other than credit card accounts, or other intangible personal property. 39. In executing the aforementioned written settlement agreement, Michael R. Guschel and Barbara L. Guschel specifically did not address disposition of the aforementioned 401(k) retirement plan or life insurance policy. 40. In the course of pursuing their divorce, Michael R. Guschel and Barbara L. Guschel agreed that Michael would not remove Barbara as primary beneficiary of the aforementioned 401(k) retirement plan and life insurance policy, until either Michael or Barbara remarried. 41. Subsequent to their divorce neither Michael nor Barbara Guschel remarried. 42. 20 Pa.C.S. §6111.2, "Effect of divorce on designation of beneficiaries," is not applicable to the aforementioned 401(k) retirement plan and life insurance policy. Respectfully submitted, Dated: July 20, 2008 L' `??-'?& Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 8388 36 Donegal Drive Carlisle, Pennsylvania 17013 (717) 385-1866 Attorney for Defendant Barbara L. Guschel ?b BARBARA L. GUSCHEL Plaintiff, V. MICHAEL R. GUSCHEL, Defendant. EXHIBIT A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6038 CIVIL ACTION- LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT h day of JQ nr 2007, by and between 16 THIS AGREEMENT, made this --- Barbara L. Guschel, of 3531 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Michael R. Guschel, of 21860 Wiley St., Neelyton, Huntington County, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: - WHEREAS, Husband and Wife were lawfully married on August 15, 1987; and WHEREAS, differences have arisen between Husband and Wife in consequence of which fhey 11, intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The parties acknowledge that they have had the opportunity to receive independent legal advice from counsel of their selection and that they fully understand the facts and have been informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable. It is being entered into freely and EXHIBIT A voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. SEPARATION. It shall be lawful for each party at all times hereafter to continue to live separate and apart from the other party. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either party. The parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties and may be enforced in an action independent of the Divorce Decree. The parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301 of the Pennsylvania Divorce Code. 5. fNTERFERENCE. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to molest the other; nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in anyway interfere with the peaceful existence, separate and apart from the other. 2 WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur 6. any debt or liability for which Husband or his estate might be responsible and she shall indemnify and hold harmless Husband from any and all claims or demands made against him by reason of debts on obligations incurred by her. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and hold harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. S. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the parties and, further, that the Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisernent of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement4 any action of divorce. 10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. REAL PROPERTY. The parties acknowledge that Husband and Wife hold title as tenants by entireties to the premises identified as 3531 Trindle Road, Camp 11111, Pennsylvania (the "marital residence"). The parties agree Wife shall retain sole ownership 3 and possession of the marital residence and Husband shall relinquish any and all claims he has to the property. The parties agree as follows with respect to the marital residence: i. On August 4, 2006 Husband delivered to Wife a quitclaim deed conveying to Wife all of his right, title, and interest in and to the marital residence. A copy of the deed is attached to this agreement as "Exhibit A". ii. Wife shall be solely responsible for all present and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but no limited to, all real estate taxes, water and sewer rents, gas, electric expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the marital residence. iii. There is presently only one outstanding mortgage against the marital residence in favor of Wells Fargo Financial (mortgage). Commencing on the date of execution of this agreement, Wife shall be solely responsible for the timely payment of all present and future principal, interest, and other fees due under the mortgage. The second mortgage on the residence has been paid in full due to Husband's transfer of thirty-three thousand dollars ($33,000) from his 401K plan. iv. Wife and Husband have taken the necessary steps to have the mortgage transferred to Wife's name alone and this transfer has been approved by Wells Fargo Financial. V. Wife shall indemnify and hold Husband harmless from any liability, cost, or expense, including attorney's fees, incurred subsequent to the execution date of this agreement in connection with any expense required to be made by Wife including, but nit limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises, and in the event that Wife should die, and at that time, there should remain any outstanding balances on the mortgage, it shall be Wife's estate's obligation to satisfy the mortgage. b. PERSONAL PROPERTY. The parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home. Neither party shall snake any claim to any such item of tangible personal 4 property whether said items are marital property or said items are separate personal property of either party. Wife shall specifically retain possession of the those items listed in the attached Exhibit, labeled "Exhibit B." A list of the specific items to which Husband shall retain possession is attached as "Exhibit C." c. MOTOR VEHICLES. Wife is entitled to retain the 2005 Kia Sedan. Wife shall be solely responsible for the timely payment of all past, present, and future principle, interest and other fees due relating to the 2005 Kia Sedan and Wife shall hold Husband harmless from any liability, cost, or expenses, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the 2005 Kia Sedan. Husband shall retain the 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. Husband shall be solely responsible for the timely payment of all past, present, and future principle, interest and other fees due relating to the 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. Husband shall hold Wife harmless from any liability, cost, or expense, which are incurred in connection with or resulting from Husband's ownership interest in 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. d. MARITAL DEBT. The parties agree that the Credit Cards in the Husband's name shall be paid by Husband, and the Credit Cards in the Wife's name shall be paid by Wife. Husband shall hold Wife harmless for credit card debt in his name and Wife shall hold; Husband harmless for credit card debt in her name. Husband agrees to hold Wife harmless from any and all claims or demands made against her for payments, liability costs or expenses by reason of debts or obligations incurred by Husband associated with the balance due on the CitiFinancial loan from the purchase of the Pontiac Fiero. The Citifinancial Loan, currently under both parties' names, shall be paid in full by Husband within thirty days from the execution of this agreement. If Husband fails to pay the balance of the Citifinancial Loan within thirty days, he agrees to refinance the loan to remove Wife's name as one of the borrowers. 11. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, 5 to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to tape in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 12. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the party breaching this Contract shall be responsible for payment of legal fees and costs incurred by the otter in enforcing their rights under this Agreement. 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 16. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 17. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both parties and each party acknowledges that ` 6 this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. J- , -- Wit ss Barbara L. Gusche ,Plaintiff *Wes Mi hael R. Gusch , Defendant 7` JUL. 14. 2008 12:27PM N0, 6777 P. 29 List of Personal Property retained by Plaintiff, • Living room furniture, including but not limited to sofa, love seat, wall unit, rockinD chair, and Lazyboy recliner • I riding mower • •• M l push mower • Set of car ramps • Spare Bedroom furniture, including but not limited to Queen sized Bed, dresser, and chest • Dell Computer • Yining room table and chairs • Snow blower • Leaf blower • Rake, shovel, hoe, push broom and hand saw • David Winter Cottages » Washer and Dryer • Shop Vacuum (rill • Outdoor table and chairs • 20" television • Comer computer desk • Console television DVD player » VCR • l Wicker round table and 2 chairs • Patio bar and 2 stools • Standing jeweler box, JUL. 14. 2008 12:27PM NO, 6777 P. 30 List of Personal Property retained by D efendent: • King sized bed and bedding • 2 night stands " • 2 wing-back chairs • 2 orange living room chairs • 2 bedside lalups • sofa and matching chair • Large generator • Power washer • Large air compressor • Stereo and speakers • Large Craftsman toolbox and Craftsman tools contained therein • Frain sets 24" Television • 19" Television • Chainsaw Table saw • Table press • Small refrigerator • Black five-shelf locking took cabinet • Blow torch Metal clamps ?- SCHNEIDER NATIONAL, INC., Plaintiff V. JOYCE E. CAPP, Administrator of the ESTATE OF MICHAEL R. GUSCHEL, and BARBARA L. GUSCHEL, Defendants and JOYCE E. CAPP, individually Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-3766 Civil Term VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that he is attorney for Defendant Barbara L. Guschel and makes the Verification of the foregoing Defendant Barbara L. Guschel's Answer to Plaintiff's Complaint, Response to Intervenor's New Matter and New Matter based upon the facts as supplied to him by said Defendant, because said Defendant is outside the jurisdiction of the court and said Defendant's verification cannot be obtained within the time allowed for the service of this responsive pleading, and that the facts and circumstances set forth in this responsive pleading are true and correct to the best of his knowledge, information, and belief. Date: July 20, 2008 , 4'? Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant Barbara L. Guschel SCHNEIDER NATIONAL, INC., Plaintiff V. JOYCE E. CAPP, Administrator of the ESTATE OF MICHAEL R. GUSCHEL, and BARBARA L. GUSCHEL, Defendants and JOYCE E. CAPP, individually Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-3766 Civil Term CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on July 20, 2008, I served a true and correct copy of the foregoing Defendant Barbara L. Guschel's Answer to Plaintiff s Complaint, Response to Intervenor's New Matter and New Matter upon the below named individuals by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: George B. Faller, Jr. and Seth T. Moseby Martson Law Offices 10 East High Street Carlisle, PA 17013 Richard C. Snelbaker Snelbaker & Brenneman, P.C. Attorneys at Law 44 West Main Street Mechanicsburg, PA 17055 Doug as . Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 Attorney for Defendant Barbara L. Guschel C -,? I .:? t? '-:rn ,.mot °q',: - -.," ;3 `? '4 ;, y ?. F:\FILES\Cliwts\13021 SchneiderTntckiug\13021.I.eoncurrence created: 9120/04 0:06PM Revised: 7/22/08 10:31 AM George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3766 CIVIL ACTION - LAW PLAINTIFF'S STATEMENT OF CONCURRENCE Plaintiff, Schneider National, Inc., by and through its counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby concurs in the request of Joyce E. Capp to intervene as a party on an individual basis. MARTS Ol? LAW OFFICES By: George B. F er, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 22, 2008 Attorneys for Plaintiff ? . `A CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer of Plaintiff to Joyce E. Capp's Petition to Intervene on an Individual Basis was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street Mechanicsburg, PA 17055 Counsel for Defendant Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 Counsel for Defendant Barbara L. Guschel MARTSON LAW OFFICES By: ?nl ( ov-()k?, CVt Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 22, 2008 r-a f.Q C3 35CHNEIDER NATIONAL, INC., Plaintiff, 3ENNSYLVANIA V. IOYCE E. CAPP, Administratrix of the '-STATE OF MICHAEL R. GUSCHEL ind BARBARA GUSCHEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO: 08-3766 CIVIL TERM ORDER OF COURT A AND NOW, this lkS day of 2008, it appearing that all parties have consented to the intervention of Joyce E. Capp in her individual capacity, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Rule heretofore issued is made absolute and leave is hereby granted to Joyce E. Capp, individually, to intervene as a party defendant in this action. 2. Joyce E. Capp shall respond to Plaintiff's Complaint within 2 0 days from the date hereof. 3. The hearing scheduled for August 12, 2008, is cancelled. By the Court, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. X?? J. aL?.I??? i z?C11sJ ZO.Z d SZ IlI 8091 l.- 4 SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-3766 CIVIL TERM CONSENT TO INTERVENTION OF JOYCE E. CAPP AND NOW, comes Defendant Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel who consents to the intervention of Joyce E. Capp, individually, in this action and waives a hearing on the matter of such intervention. istratrix of th state of Michael R. Guschel, Deceased Dated: July .2S , 2008 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the foregoing Consent to Intervention of Joyce E. Capp upon each of the foregoing persons by sending the same by first-class mail, postage paid, addressed as follows: George B. Faller, Jr., Esquire Martson Law Office 10 East High Street Carlisle, PA 17013 (Attorney for Plaintiff) Douglas C. Lovelace, Jr., Esquire. 36 Donegal Drive Carlisle, PA 17013 (Attorney for defendant Barbara E. Guschel) Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (Attorneys for Intevenor) 10'/Ce E. Capp Dated: July 25, 2008 ?"; r.,? ? ==[? C.r ? ___; _?. .' ? C -?," ' '- -r {? .. r f ° ? '' ?, ?„ `" ° ? SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, Defendants and JOYCE, E. CAPP, individually, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-3766 CIVIL TERM IMPORTANT NOTICE TO: SCHNEIDER NATIONAL, INC., Plaintiff and George B. Faller, Jr. Attorney for Plaintiff TO: BARBARA L. GUSCHEL, Defendant TO: JOYCE E. CAPP, Administratrix of the Estate of Michael R. Guschel You are hereby notified to file a written response to the enclosed New Matter (Additional LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Matter) as contained in the Intervenor's Answer to Complaint within twenty (20) days from service hereof or a judgment may be entered against you. SNELBAKE BRENNEMAN, P.C. By Richard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Intervenor 1 ? LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SCHNEIDER NATIONAL, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 08-3766 CIVIL TERM JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, : Defendants and JOYCE E. CAPP, individually, : Intervenor ANSWER TO COMPLAINT AND NOW, comes Joyce E. Capp, Intervening Defendant, by her attorneys, Snelbaker & Brenneman, P.C., and responds to Plaintiff s Complaint as follows: 1. Admitted. 2. It is denied that Joyce E. Capp resides in Cumberland County and that she is the "Administrator" of an estate. On the contrary, it is averred that her residence is in York County and that she is the Administratrix of the Estate of Michael R. Guschel, Deceased. All other averments are admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 1 10. Admitted. 11. Admitted. COUNT I - ACTION FOR DECLARATORY JUDGMENT 12. Admitted as modified by the foregoing paragraphs of this Answer. 13. While Intervenor acknowledges that Plaintiff recognizes at least the two original Defendants as possibly entitled to the Proceeds of the retirement plan and life insurance, it is denied, however, that there are only two claiming Defendants. On the contrary and for all the reasons set forth in New Matter (Additional Matter) hereinbelow, Intervenor must be considered as one of the persons to whom the Proceeds are owed. 14. It is admitted that the original Defendants claim the proceeds, but it is denied that only such Defendants make such claim. On the contrary, Intervenor also asserts her right to the Proceeds as set forth in New Matter (Additional Matter) hereinbelow. 15. It is admitted that an actual existing controversy exists between the original Defendants, but it is denied that only such Defendants are included in the controversy. On the contrary, Intervenor also joins in said controversy for all the reasons set forth in New Matter (Additional Matter) hereinbelow. 16. It is admitted that a declaratory judgment can determine the rights of the original Defendants, but it is denied that only the rights of such Defendants should be so determined. On the contrary, Intervenor's rights can and should be included in such declaratory judgment proceeding for the reasons set forth in New Matter (Additional Matter) hereinbelow. 17. Admitted. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WHEREFORE, Intervenor joins in the request for relief as a party claimant to the Proceeds of said life insurance policy and retirement plan. 2 1 • COUNT II - INTERPLEADER 18. No answer is required to the content of this paragraph. By way of further response, Intervenor's averments contained in paragraphs 1 through 17 in the foregoing Answer are incorporated herein by reference thereto. 19. The averments in paragraph 19 are admitted except that the reference to "both Defendants". It is denied that Plaintiff's exposure to liability is limited to the original Defendants. On the contrary, it is averred that Intervenor should be included as a party claimant. 20. Admitted. 21. It is admitted that the original Defendants claim entitlement to the proceeds, but it is denied that only such Defendants claim entitlement. On the contrary, it is averred that Intervenor is a party claiming said proceeds as set forth in New Matter (Additional Matter) hereinbelow. 22. Admitted. 23. While Intervenor acknowledges that Plaintiff recognizes at least the two Defendants named as original Defendants as entitled to the Proceeds of the retirement plan and life insurance, it is denied, however, that there are only two claiming Defendants. On the contrary and for all the reasons set forth in New Matter (Additional Matter), Intervenor must be considered as the person to whom the Proceeds are owed. WHEREFORE, Intervenor joins in the request for relief as a party claimant to the Proceeds of the retirement plan and life insurance. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. IM1 1? ? x NEW MATTER (ADDITIONAL MATTER) In further support of Intervenor's claim and factual background for the determination of entitlement, Intervenor avers the following: 24. Intervenor's averments in paragraphs 1 through 23 hereinabove are incorporated herein by reference thereto. 25. Michael R. Guschel (hereinafter called "Michael") was born on May 12, 1963 to Joyce E. Guschel, now Joyce E. Capp, the Intervenor herein. 26. Michael intermarried with Defendant Barbara L. Guschel on August 15, 1987. 27. During Michael's employment with Plaintiff Schneider National, Inc., he participated in "Schneider National, Inc. 401(k) Savings and Retirement Plan" (hereinafter called "401(k) Plan") and the employer's group life insurance program (hereinafter called "Life Insurance") 28. On or about December 11, 1992, Michael designated Defendant "Barbara L. Guschel, Wife" as "primary beneficiary" of the death benefits under the 401(k) Plan and Intervenor "Joyce E. Capp, Mother" as "contingent beneficiary", all pursuant to a "Schneider Retirement Plan Enrollment" document, a true copy of which is attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 29. On or about December 11, 1992, Michael designated Defendant "Barbara L. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Guschel" as his wife as the beneficiary of his group life insurance policy in a "Group Enrollment Form" document, a true copy of which is attached hereto marked "Exhibit B" and incorporated herein by reference thereto. There was no designation of a contingent or secondary beneficiary. 4 0 30. The master policy for the Life Insurance specifies the alternate beneficiary(ies) upon the failure of the named beneficiary, a true copy of the pertinent provision being attached hereto marked "Exhibit C" and incorporated herein by reference thereto. 31. Michael and Defendant Barbara L. Guschel were duly divorced on January 30, 2007, by action in this Court docketed to No. 06-6038 Civil Term, a true and correct copy of the Decree in Divorce being attached hereto marked "Exhibit D" and incorporated herein by reference thereto. 32. Michael died on February 16, 2008, and was unmarried. 33. The designations of beneficiary for the 401(k) Plan and the Life Insurance were not re-executed by Michael subsequent to said divorce nor did any court order or written contract between Michael and Barbara L. Guschel provide that the beneficial designation was intended to survive the divorce. 34. Defendant Barbara L. Guschel is barred from receiving the benefits under the 401(k) Plan and Life Insurance for all or any of the following reasons: A. Failure of Defendant Barbara L. Guschel to fulfill the status of "wife" in the beneficiary designation of the 401(k) Plan and Life Insurance Policy; B. Operation of Pennsylvania statutory law as set forth in 20 Pa. C.S.A. §6111.2; C. Operation of §6.1 of the "Schneider National, Inc. 401(k) Savings and Retirement Plan", a true copy of said section is attached hereto marked "Exhibit E" and incorporated herein by reference thereto and D. Barbara L. Guschel released all interests in Michael's estate and assets by the Marriage Settlement Agreement attached as "Exhibit D". 35. Intervenor is entitled to all the proceeds of the 401(k) Plan pursuant to her LAW OFFICES SNELBAKER & BRENNEMAN, P.C. designation as contingent beneficiary of the benefits as indicated on "Exhibit A". 5 36. Intevenor is entitled to all the proceeds of the Life Insurance (there being no spouse, child or children) pursuant to the terms of the master policy, the relevant portion of which is attached as "Exhibit C". WHEREFORE, Intervenor requests the Court to: A. Declare Intervenor to be the person entitled to the benefits/Proceeds of the 401(k) Plan and the Life Insurance; B. Enter judgment for such entitlements in favor of Intervenor and against Plaintiff and original Defendants; and C. Order such additional and further relief as the Court shall determine to be just and proper. SN BAKER & BRENNEMAN, P.C. By: Richard C. Snelbaker Attorney I.D. # 06355 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 6 VERIFICATION I, Joyce E. Capp, do hereby certify that I am the Intervenor in the foregoing Answer to Complaint with New Matter (Additional Matter), that the facts in the foregoing Answer within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. e Joyce . Capp Dated: July 8 , 2008 LAW OFFICES SNEIBAKER & BRENNEMAN, P.C. I' ` ' at i EXHIBIT A >2008 Name (Print) > Social Security Number SNI Organization Employed By 5Ut1N1=IU=H Ht:I It t:1%R=N 1 VLAN Fnroliment ?17 Change ? Date of Birth Date of Hire `7 -- I - 01!? Effective Date P. 04 Please Check onver/ -Z2Z 17 ? ShopNO OFFICE: PARTI INVESTMENT OPTION - I hereby request that all monies presently credited to my account and all future contributions be invested as checked below. Indicate the percentage Ao be invested in each fund. Choose multiples of 10% to equal 100% total. Fixed Income Fund C/ % Balanced Fund 70 % Stock Index Fund _ Z C- -% Stock Capital Growth Fund Z f % Total 100 % I understand that I am not guaranteed a specific percentage of earnings resulting from the above investments. I further understand that the Plan provides me the opportunity to change the investment Option monthly provided written notice is submitted to the Benefits Department at least 15 days prior to the applicable calendar month. If you wish to participate in the 401(k) Plan you must complete Part II of this document and return it to the Benefits Department. PART 11 APPLICATION TO PARTICIPATE - I hereby authorize contributions in the following percentage of my pay as of the beginning of the month following my eligibility date. 0% ? 1 % ? 2% ? 3% ? 4% ? 5% ? 6% ? 7% ? s% ? 9% ? i0% ? 11% ? 12% ? 13% ? 14% ? 15% I understand that my contribution rate can be changed at the beginning of each month by providing at least 15 days prior written notice to the Benefits Department. Contributions can be discontinued at any time. ( DESIGNATION OF BENEFICIARY I hereby request that any death benefits to which my benefiolarles may be entitled under the terms of the Schneider Retirement Plan shall be payable as follows: The primary beneficiary shall be: & r io r-Q l emus c. Ir e? 7 h ? :? _ ?f r 7" ?j Name ?f Street Address Relationship City State Zip in the event that the primary beneficiary shall die prior to the complete distribution of my account, the contingent beneficiary shall be: ?/?f Nam Street dress ell ice/r/ f /CG .i.?s Ala^ ?l Relationship City -? State Zip PARTICIPANT SIGNATURE I understand that, if applicable, my primary beneficiary will be my spouse (to whom I have been married for at least one year) and the naming of someone else,/as rWpriary4 neficiary will be ing#ecbve, unless my spouse consents (in the manner provided for below): Date Signed SPOUSE'S CONSENT 1, declare that I am the spouse of to whom i have been married for at least one year. I understand the effect of the above election and I hereby consent to the naming of someone other than myself as my spouse's primary beneficiary under the Schneider Retirement Plan, iH' 2:3U PM SCHNEIDER LEGAL DEPT FAX NO. 9205923891 Signature of Notary Public Spouse's Signature Date Signed 1 i c, I t EXHIBIT B T n n n rv =zoo° ,H( .?2 ?? ; "1 ?CHNEIDER LEGAL DEPT wausau insurance Companies FAX NO. 9205923891 I wr ,,. - r? ii 1'?. ? ? ? • v , ... ..? l.. r. C _ 1. ri- r 71 GROUP ENROLLMENT • PO BOX 8017 ¦ WAUSAU WI 54402.8017 Group Enrollment Form ( ) ORIGINAL GROUP (A NEW EMPLOYEE ( ) LATE ENROLLEE ( ) RETURN TO WORK Social Security No, •) II- e'mployee's Name [? I ! ! { h I? P. 03 ( ) COBRA ( ) WAIVE ALL COVERAG {Last) (First) IMII ? 9 Male C3 Single D Divorced tt n Birth Address , '7 n ` Jj, , l 1 7D Date o.3 O Femaie ® Married 0 Wdowec (Strout IGtYI (stau) (Zia Coo) Empioy"er's Job Job Name n° Location - -- Title - Started Work Date / Earnings Hours Worked Weekly Weeks Worked Yearly- (?)-WFE BENEFICIARY GCI k A r c C L: sr'; Birth Date 76/ / 62- Relationship. Benefit $,2-0 6 ,l`•'09 (First Nam*) IMII (LUC) THE AMOUNT OF LIFE INSURANCE IN FORCE AT ANY TIME SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE MASTER POLICY, OTHER INSURANCE: Do you or any family member have other Group Coverage? Health: M Yes, Single Coverage ® Yes, Family Coverage Q No /? r / Dental, O Yeti, Single Coveraga Q Yes, Family Coverage M No 0 yes, person's name /u a rh a rc Z Cu : c1 Q rz Employer's Insurance Policy Empl i L=. Company - Number COVERAGE REQUESTED: Milealth or ? HPP ® Employee only Q Family ? Waive Lida ? Employee only ? Family 0 Waive Check Appropriate Boxes: Weekly Income M Employee only O Waive Dental C1 Employee only 0 Family C7 Waive If waiving coverage, or an employee with dependents electing only employee coverage, read the NOTICE TO LATE ENROLLEES below. DEPENDENT INFORMATION DOES THIS CHILD WHAT % OF SUPPORT NAME Lest First MI BIRTH DATE SEX RELATIONSHIP RESIDE WITH YOU? DO YOU PROVIDE THIS CHIL Spouse .--?.---?-- Natural Step Other Child Child Child 1 - ^?- g a o >a 4 C7 Q D 6 - ? 0 ? If "OTHER", Please explain --------^ 11 subsequent changas occur in the above information, notify ua immediately I hereby eertifv that all of the above information is true and correct. I understandthat group coverage will not be effective until all questions roC-arding e0gib for coverage have been satisfac?oriiy reesolvL;d by Wausau Insurance Companies, t ? I hereby apply far the group coverage and authorize deductions fr m my earns g r the amount required, if any, to cover any contribution for grout; coves for which I am or may become eligible r EM11P1,0°t°-fiGNA?IJR? Oata NOT) CETO LATE EN RDLLEES if you are not covered Within 31 days after becoming eligible, you are required to fulfill the foliowint requirements prior to receiving coverage- HEALTH, WEEKLY INCOME and LIFO - Furnish at your own expense, evidence of insurability (a physicai exam) for you Or your Japandents. satisfactc WAUSAU INSURANCE COMPANIES. In the case of dependents, all must provide satisfactory evidence of insurability before any dependents receive oo•ee WAUSAU INSURANCE COMPANIES reserves the right to refuse to grant,coverage to late enrollees. DENTAL • Pay the full amount of premium for the first 12 months coverage is in force. During that time, benefits shall be limited to those dueto accidental t injury. L _ 6,l 1. /;, POLICYHOLDER RETAIN ONE COPY SEND ONE COPY TO INSURANCE COMPANY I % I y 1 EXHIBIT C To Whom Payable Death Benefits will be paid to the Insured's named beneficiary, if any, on file at the time of payment or to the certificate owner if alive. If there is no named beneficiary or surviving beneficiary, Death Benefits will be paid to the first surviving class of the following living relatives: spouse; child or children; mother or father; brothers or sisters; or to the executors or administrators of the Insured's estate. We may reduce the amount payable by any indebtedness due. All benefits payable under the Accelerated Benefits section are payable to the Insured, if living. If the Insured dies prior to the payment of an eligible claim for an Accelerated Benefit, benefits will be paid in accordance with the provisions applicable to the payment of Life Insurance proceeds, unless the Insured has directed us otherwise in writing. However, any payment made by us prior to notice of the Insured's death shall discharge us of any benefit that was paid. All other benefits unless otherwise stated in the Policy, will be payable to the Insured or the certificate owner if other than the Insured. Any other accrued benefits which are unpaid at your death may, at our option, be paid either to your beneficiary or to the executor or administrator of your estate. If we pay benefits to the executor or administrator of your estate or to a person who is incapable of giving a valid release, we may pay up to $1,000 to a relative by blood or marriage whom we believe is equitably entitled. This good faith payment satisfies our legal duty to the extent of that payment. EXHIBIT D IN THE COURT OF COMMON PLEAS BARBARA L. GUSCHEL OF CUMBERLAND COUNTY STATE OF PENNA. NO. 06-6038 VERSUS DEFENDANT DECREE IN DIVORCE AND NOW, U67 , IT IS ORDERED AND DECREED THAT BARBARA T C'TTS('HE , PLAINTI FF, AND MICHAEL R. GUSCHEL ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; incorporated but shall not merge BY THE in the final Divorce Decree. U RT: A, ATTE ..494 J PROTHONOTARY BARBARA L. GUSCHEL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 06-6038 MICHAEL R. GUSCHEL, Defendant. : CIVIL ACTION- LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of v vN 2007, by and between Barbara L. Guschel, of 3531 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Michael R. Guschel, of 21860 Wiley St., Neelyton, Huntington County, Pennsylvania, hereinafter referred to as "Husband." C-.) rya -r7 WITNESSETH: ,T WHEREAS, Husband and Wife were lawfully married on August 15,1987; and J? WHEREAS, differences have arisen between Husband and Wife in consequence of which4hey r n intend to live separate and apart of each other; and r d WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The parties acknowledge that they have had the opportunity to receive independent legal advice from counsel of their selection and that they fully understand the facts and have been informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable. It is being entered into freely and , 1 . ti , ? I voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. SEPARATION. It shall be lawful for each party at all times hereafter to continue to live separate and apart from the other party. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either party. The parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties and may be enforced in an action independent of the Divorce Decree. The parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301 of the Pennsylvania Divorce Code. 5. INTERFERENCE. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2 6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and hold harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and hold harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the parties and, further, that the Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. REAL PROPERTY. The parties acknowledge that Husband and Wife hold title as tenants by entireties to the premises identified as 3531 Trindle Road, Camp Hill, Pennsylvania (the "marital residence"). The parties agree Wife shall retain sole ownership I I. 1 1 1 and possession of the marital residence and Husband shall relinquish any and all claims he has to the property. The parties agree as follows with respect to the marital residence: i. On August 4, 2006 Husband delivered to Wife a quit claim deed conveying to Wife all of his right, title, and interest in and to the marital residence. A copy of the deed is attached to this agreement as "Exhibit A". ii. Wife shall be solely responsible for all present and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but no limited to, all real estate taxes, water and sewer rents, gas, electric expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the marital residence. iii. There is presently only one outstanding mortgage against the marital residence in favor of Wells Fargo Financial (mortgage). Commencing on the date of execution of this agreement, Wife shall be solely responsible for the timely payment of all present and future principal, interest, and other fees due under the mortgage. The second mortgage on the residence has been paid in full due to Husband's transfer of thirty-three thousand dollars ($33,000) from his 401K plan, iv. Wife and Husband have taken the necessary steps to have the mortgage transferred to Wife's name alone and this transfer has been approved by Wells Fargo Financial. V. Wife shall indemnify and hold Husband harmless from any liability, cost, or expense, including attorney's fees, incurred subsequent to the execution date of this agreement in connection with any expense required to be made by Wife including, but nit limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises, and in the event that Wife should die, and at that time, there should remain any outstanding balances on the mortgage, it shall be Wife's estate's obligation to satisfy the mortgage. b. PERSONAL PROPERTY. The parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home. Neither party shall make any claim to any such item of tangible personal 4 * t property whether said items are marital property or said items are separate personal property of either party. Wife shall specifically retain possession of the those items listed in the attached Exhibit, labeled "Exhibit B." A list of the specific items to which Husband shall retain possession is attached as "Exhibit C." c. MOTOR VEHICLES. Wife is entitled to retain the 2005 Kia Sedan. Wife shall be solely responsible for the timely payment of all past, present, and future principle, interest and other fees due relating to the 2005 Kia Sedan and Wife shall hold Husband harmless from any liability, cost, or expenses, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the 2005 Kia Sedan. Husband shall retain the 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. Husband shall be solely responsible for the timely payment of all past, present, and future principle, interest and other fees due relating to the 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. Husband shall hold Wife harmless from any liability, cost, or expense, which are incurred in connection with or resulting from Husband's ownership interest in 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. d. MARITAL DEBT. The parties agree that the Credit Cards in the Husband's name shall be paid by Husband, and the Credit Cards in the Wife's name shall be paid by Wife. Husband shall hold Wife harmless for credit card debt in his name and Wife shall hold Husband harmless for credit card debt in her name. Husband agrees to hold Wife harmless from any and all claims or demands made against her for payments, liability, costs or expenses by reason of debts or obligations incurred by Husband associated with the balance due on the CitiFinancial loan from the purchase of the Pontiac Fiero. The Citifinancial Loan, currently under both parties' names, shall be paid in full by Husband within thirty days from the execution of this agreement. If Husband fails to pay the balance of the Citifinancial Loan within thirty days, he agrees to refinance the loan to remove Wife's name as one of the borrowers. 11. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 12. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the party breaching this Contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 16. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 17. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both parties and each party acknowledges that 6 { 1 4 4 ? 6 this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. Wit es Barbara L. Guschel, Plaintiff AA) '? - itne ant Mhael R. Gusc el, Defend 7 Tax Parcel No. 01-21-0275-069 quit C'Uhn Zat THIS INDENTURE made this ( day of Av U4, 2006. MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, husband and wife (hereinafter referred to as Grantor(s)), AND BARBARA L. GUSCHEL, a married woman (hereinafter referred to as Grantee(s)), wITNESSETH that the said Grantor(s), in consideration of the sum of ---ONE AND 00/100 ----- ($1.00)---------- DOLLAR, lawful money of the United States of America unto them well and truly paid by the Grantee(s), at or before the sealing and delivery thereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantee(s), their heirs and assigns, ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, formerly Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the southeast corner of Trindle Road and June Drive as shown on the hereinafter mentioned plan of lots; thence southwardly along the eastern side of June Drive a distance of ninety (90) feet to a point at the division lines between Lots Nos. 50 and 51 on said plan; thence eastwardly along said division line a distance of one hundred and ten (110) feet to a point; thence North twenty- four (24) degrees twenty-six (26) minutes West a distance of ninety (90) feet to a monument on the southern side of Trindle Road; thence westwardly along the southern side of Trindle Road a distance of one hundred and ten (110) feet to a point, the place of BEGINNING. IT BEING Lot No. 50, Block "A" on Plan of Lots of Trindle Village, Section 1, recorded in the Recorder's Office in and for the County of Cumberland in Plan Book 8, Page 31. EXHIBIT A HAVING ERECTED thereon a single dwelling with a two-car attached garage known and numbered as.3532 Trindle Road. BEING THE SAME PREMISES which Dennis A. Metz and Tracy Lynn Miller Metz, his wife, by deed dated August 20, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 36-M, Page 548, granted and conveyed unto Michael R. Guschel and Barbara L. Guschel, his wife, Grantors herein. Michael R. Guschel executes this Deed to grant and convey all his right, title and interest in the within described premises to Barbara L. Guschel. THIS IS A CONVEYANCE FROM HUSBAND AND WIFE TO WIFE AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAX. TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto' the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of Grantor(s), as well at law as in equity, of, in, and to the same. TO HAVE AND TO HOLD the lot or piece of ground described above with the messuage or tenement thereon erected hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto Grantee(s), their heirs and assigns, to and for the only proper use and behoof of Grantee(s), their heirs and assigns forever. "AND the said Grantor(s), for themselves, their heirs, executors and administrators, do covenant, promise and agree, to and with the Grantee (s), their heirs and assigns, by these presents, that they, the said Grantor(s)and their heirs, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, their heirs and assigns, against them, the said Grantor (s) and their heirs, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, Subject as aforesaid WARRANT and forever DEFEND." IN WITNESS WHEREOF the undersigned Grantor(s) have executed this Deed the day and year first above written. WITNESS: COMMONWEALTH OF PENNSYLVANIA ' ?, {-, COUNTY OF C`'` '"-?e'4'?4 MI L R. GUSCHE f BARBARA L. GUSCHEL ss. On this the L day of 1"2006, before me,, the undersigned officer, personally appeared the above named MICHAEL R. GUSCHEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Indenture,, and acknowledged that he executed the same for the purpose therein contained, and desired the same might be recorded as such, according to law. In witness whereof, I have hereunto set my hand and official seal. C0hW'0NV7V?/ LTi3 OF PENNSYLVANIA / ot, Public NOTARIAL SEAL JOYCE a EMCH. NOTARY PUBLIC CAW HILL BORO. CUMBERLAND COUNTY MY COMMISSION EXPIRES NOVEMBER 19.2007 List of Personal Property retained by Plaintiff- 0 Living room furniture, including but not limited to sofa, love seat, wall unit, rocking chair, and Lazyboy recliner • 1 riding mower • 1 push mower • Set of car ramps • Spare Bedroom furniture, including but not limited to Queen sized Bed, dresser, and chest • Dell Computer 0 Dining room table and chairs • Snow blower • Leaf blower • Rake, shovel, hoe, push broom and hand saw • David Winter Cottages • Washer and Dryer • Shop Vacuum 0 Grill • Outdoor table and chairs • 20" television • Corner computer desk • Console television • DVD player • VCR 0 1 Wicker round table and 2 chairs • Patio bar and 2 stools 0 Standing jeweler box EXHIBIT List of Personal Property retained by Defendant: • King sized bed and bedding • 2 night stands • 2 wing-back chairs • 2 orange living room chairs 0 2 bedside lamps 0 Sofa and matching chair 0 Large generator 0 Power washer • Large air compressor • Stereo and speakers • Large Craftsman toolbox and Craftsman tools contained therein • Train sets 0 24" Television 0 19" Television • Chainsaw • Table saw Table press • Small refrigerator • Black five-shelf locking took cabinet • Blow torch • Metal clamps PLAINTIFF'S EXHIBIT C A It • t* , EXHIBIT E i 1? e k ? ARTICLE VI. DISTRIBUTIONS AND WITHDRAWALS Section 6.1. Distribution Upon Termination or Disability. A Participant who terminates employment with all Employers and Affiliates, or terminates such employment on account of a Disability, is entitled to receive a distribution of the entire value of the nonforfeitable portion (as described in section 5.1) of the Participant's Account as of the Valuation Date coincident with or next preceding the date of distribution. Distribution shall take the form of an immediate lump sum cash payment. The date of payment shall be subject to section 6.5. The distribution shall be charged against the Account after the processing of all other accounting items with respect to the applicable Valuation Date. If the nonforfeitable portion of a Participant's Account does not exceed $5,000 ($3,500 prior to January 1, 1998)(or such higher amount as may be permitted under applicable law or regulation), then such distribution shall be made (without the Participant's consent) promptly following termination of employment. Section 6.2. Distribution Upon Death. (a) Distribution. If a Participant dies; the Participant's Beneficiary shall receive a distribution of the entire value credited to the Participant's Account as of the date of death, adjusted to date of actual payment. Distribution shall take the form of a lump sum cash payment. The date of payment shall be subject to section 6.5. (b) Beneficiary. (i) General. "Beneficiary" means the person or persons (who may be named contingently or successively), including a trust or an estate, designated by a Participant, to whom the Participant's Account is to be paid in the event of the Participant's death. Each designation will revoke all prior designations by the same Participant. A designation shall be made on a form -prescribed by the Administrator in accordance with Administrator rules. If no Beneficiary is designated or a designation is revoked in whole or in part, or if a designated Beneficiary does not survive, the Account balance shall be payable to the Participant's estate or, if a small estate law is applicable, to the person entitled thereunder. (ii) Married Participants. Notwithstanding paragraph (i), in the case of a married Participant, the Beneficiary shall be the Participant's Spouse unless the Participant has designated another person as Beneficiary; the Spouse has consented in writing to such designation; such consent acknowledges the effect of such election; and the signature of the Spouse is witnessed by a Plan representative or a notary public. The Spouse's consent shall not be required if the Spouse cannot be located or because of other circumstances prescribed by Treasury regulations. (iii) Notwithstanding the foregoing, effective January 1, 2000, in the event of the Participant's divorce, the former Spouse shall cease to be a Beneficiary unless, after such divorce, the Participant again designates such individual as a Beneficiary. 001.586515.8 -26- 1 i ? y CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within Answer to Complaint with new Matter (Additional Matter) upon the following persons by sending the same by first-class mail, postage paid addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 (Attorney for Plaintiff) Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 (Attorney for Defendant Barbara L. Guschel) Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, Deceased 685 Moore's Mountain Road Mechanicsburg, PA 17055. chard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Intervenor LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Dated: ju(,f ?f , 2008 ?? ?..> r:.. ?:i ;' ` . ,..? ?.._ -? LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SCHNEIDER NATIONAL, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 08-3766 CIVIL TERM JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, Defendants and JOYCE E. CAPP, individually, Intervenor ANSWER TO COMPLAINT AND NOW, comes Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, Defendant, by her attorneys, Snelbaker & Brenneman, P.C., and responds to Plaintiff's Complaint as follows: 1. Admitted. 2. It is denied that Joyce E. Capp resides in Cumberland County and that she is the "Administrator" of an estate. On the contrary, it is averred that her residence is in York County and that she is the Administratrix of the Estate of Michael R. Guschel, Deceased. All other averments are admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 1 9. Admitted. 10. Admitted. 11. Admitted. COUNT I - ACTION FOR DECLARATORY JUDGMENT 12. Admitted as modified by the foregoing paragraphs of this Answer. 13. While answering Defendant acknowledges that Plaintiff recognizes at least the two original Defendants as possibly entitled to the Proceeds of the retirement plan and life insurance, it is denied, however, that there are only two claiming Defendants. On the contrary, it is averred that Joyce E. Capp individually is a claiming party by virtue of her intervention herein as heretofore allowed by this Court. 14. It is admitted that the original Defendants claim the proceeds, but it is denied that only such Defendants make such claim. On the contrary, it is averred that Joyce E. Capp individually is a claiming party by virtue of her intervention herein as heretofore allowed by this Court. 15. It is admitted that an actual existing controversy exists between the original Defendants, but it is denied that only such Defendants are included in the controversy. On the contrary, it is averred that Joyce E. Capp individually is a claiming parry by virtue of her intervention herein as heretofore allowed by this Court. 16. It is admitted that a declaratory judgment can determine the rights of the original LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Defendants, but it is denied that only the rights of such Defendants should be so determined. On the contrary, it is averred that Joyce E. Capp individually is a claiming party by virtue of her intervention herein as heretofore allowed by this Court. 17. Admitted. 2 WHEREFORE, Defendant Joyce E. Capp, Administratrix, joins in the request for relief as a party claimant to the Proceeds of said life insurance policy and retirement plan. COUNT II - INTERPLEADER 18. No answer is required to the content of this paragraph. By way of further response, the answering Defendant's averments contained in paragraphs 1 through 17 in the foregoing Answer are incorporated herein by reference thereto. 19. The averments in paragraph 19 are admitted except as to the reference to "both Defendants". It is denied that Plaintiffs exposure to liability is limited to the original Defendants. On the contrary, it is averred that Joyce E. Capp individually is included as a parry claimant, having intervened by allowance of this Court. 20. Admitted. 21. It is admitted that the original Defendants claim entitlement to the proceeds, but it is denied that only such Defendants claim entitlement. On the contrary, it is averred that the Joyce E. Capp, individually, is a party claiming said proceeds by virtue of her intervention herein as heretofore allowed by this Court. 22. Admitted. 23. While answering Defendant acknowledges that Plaintiff recognizes at least the two Defendants named as original Defendants as entitled to the Proceeds of the retirement plan and life insurance, it is denied, however, that there are only two claiming parties. On the contrary, Joyce E. Capp claims entitlement to the proceeds by virtue of her intervention as heretofore allowed by this Court. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3 WHEREFORE, Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, joins in the request for relief as a party claimant to the Proceeds of the retirement plan and life insurance. SNELBAKER & BRENNEMAN, P.C. By: 4i Richard C. Snelbaker Attorney I.D. # 06355 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for the Estate LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. 4 VERIFICATION I, Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, do hereby certify that I am one of the Defendants in the foregoing Answer to Complaint, that the facts in the foregoing Answer within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. Estate of Michael R. Guschel By e 7,0oyce E. Ca Administratrix Dated: August IV , 2008 LAW OFFICES SNELBAKER 8C BRENNEMAN, P.G. CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within Answer to Complaint upon the following persons by sending the same by first-class mail, postage paid addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 (Attorney for Plaintiff) Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 (Attorney for Defendant Barbara L. Guschel) Joyce E. Capp 685 Moore's Mountain Road Mechanicsburg, PA 17055. 'Ric hard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Estate of Michael R. Guschel Dated: August /V , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.G. !"? w ?".? c;? ` ? 1.. ?T t'1 ? .. S ?P t. ,, ?a V• ??a•` ? ?^? : .? ?? NATIONAL, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 08-3766 CIVIL TERM JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, and JOYCE E. CAPP, individually, Defendants Intervenor REPLY TO DEFENDANT BARBARA L. GUSCHEL'S NEW MATTER AND NOW, comes Intervenor Joyce E. Capp, by her attorneys, Snelbaker & Brenneman, P.C., and responds to Defendant Guschel's New Matter as follows: Preface In making this response to the New Matter, Joyce E. Capp, individually and as administratrix of the Estate of Michael R. Guschel, does not waive the application of the "Dead Man's Act" as contained in 42 Pa. C.S. §5930 et seq., but objects to all statements made by Defendant Barbara L. Guschel as being incompetent by reason of the application of said Act. 37. It is admitted that Michael R. Guschel and Barbara L. Guschel entered into the cited "Marriage Settlement Agreement". It is denied that said agreement was limited to the subject matter as summarized in paragraph 37. On the contrary, the agreement speaks for itself and comprehensively and conclusively settles and determines the parties' rights and obligations with respect to each other. 38. Denied. On the contrary, the Marriage Settlement Agreement speaks for itself LAW OFFICES SNELBAKER & BRENNEMAN, P.C. and includes the disposition and distribution of all property rights and interests between the parties. 39. Denied. On the contrary, the Marriage Settlement Agreement speaks for itself includes the disposition and distribution of all property rights and interests between the 40. After reasonable investigation, Joyce E. Capp is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 40 and, therefore, the same are deemed to be denied pursuant to Pa. R.C.P. 1029 (c), proof of which is demanded at the trial of the case by competent and admissible evidence, if otherwise relevant. The foregoing Preface is incorporated herein by reference thereto. 41. It is admitted that Michael R. Guschel did not remarry after his divorce from Barbara L. Guschel. After reasonable investigation, Joyce E. Capp is without knowledge or information sufficient to form a belief as to the truth of the averment that Barbara L. Guschel did not remarry and, therefore, the same is deemed to be denied pursuant to Pa. R.C. P. 1029 (c), proof of which is demanded at the trial of the case by competent and inadmissible evidence, if otherwise relevant. The foregoing Preface is incorporated herein by reference thereto. 42. The content of paragraph 42 is a conclusion of law to which no response is required and the same is deemed to be denied pursuant to Pa. R.C.P. 1029 (d). WHEREFORE, Joyce E. Capp requests the Court to dismiss Defendant Barbara L. Guschel's New Matter and enter judgment in favor of Joyce E. Capp pursuant to her prayer for relief as set forth in her Answer to Complaint and New Matter (Additional Matter). SNELB EMAN, P.C. By. =Snelbaker LAw offices ichard C. SNELBAKER & 44 West Main Street BRENNEMAN, P.C. Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Joyce E. Capp 2 VERIFICATION I, Joyce E. Capp, do hereby certify that I am Intevenor in the foregoing Reply to Barbara L. Guschel's New Matter, that the facts in the foregoing Reply within my knowledge are true and correct and that with regard to facts received from others, I to be true and correct. I understand that any false statements made herein are subject to penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. Joyce E. Capp : August If Z , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within Reply to Barbara L. Guschel's New Matter upon the following persons by sending the same by first-class mail, postage paid addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 (Attorney for Plaintiff) Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 (Attorney for Defendant Barbara L. Guschel) Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, Deceased 685 Moore's Mountain Road Mechanicsburg, PA 17055. Richar C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Intervenor Dated: August 9 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C m <- ,-_ ; x? ? ?? ^f3 ,? tr ?.." ? ?+? ?V+ ,../? I •?? _7,. , rte' t ? ? ??? ?"? C.. C7J :_{ .?' w SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, Defendants and JOYCE E. CAPP, individually, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-3766 CIVIL TERM REPLY OF ADMINISTRATRIX TO DEFENDANT BARBARA L. GUSCHEL'S NEW MATTER AND NOW, comes Defendant Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, by her attorneys, Snelbaker & Brenneman, P.C., and responds to Defendant Guschel's New Matter as follows: Preface In making this response to the New Matter, Joyce E. Capp, as Administratrix of the Estate of Michael R. Guschel, does not waive the application of the "Dead Man's Act" as contained in 42 Pa. C.S. §5930 et seq., but objects to all statements made by Defendant Barbara L. Guschel as being incompetent by reason of the application of said Act. 37. It is admitted that Michael R. Guschel and Barbara L. Guschel entered into the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. cited "Marriage Settlement Agreement". It is denied that said agreement was limited to the subject matter as summarized in paragraph 37. On the contrary, the agreement speaks for itself and comprehensively and conclusively settles and determines the parties' rights and obligations with respect to each other. 38. Denied. On the contrary, the Marriage Settlement Agreement speaks for itself and includes the disposition and distribution of all property rights and interests between the parties. 39. Denied. On the contrary, the Marriage Settlement Agreement speaks for itself and includes the disposition and distribution of all property rights and interests between the parties. 40. After reasonable investigation, Defendant, Administratrix, is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 40 and, therefore, the same are deemed to be denied pursuant to Pa. R.C.P. 1029 (c), proof of which is demanded at the trial of the case by competent and admissible evidence, if otherwise relevant. The foregoing Preface is incorporated herein by reference thereto. 41. It is admitted that Michael R. Guschel did not remarry after his divorce from Barbara L. Guschel. After reasonable investigation, Defendant, Administratrix, is without knowledge or information sufficient to form a belief as to the truth of the averment that Barbara L. Guschel did not remarry and, therefore, the same is deemed to be denied pursuant to Pa. R.C. P. 1029 (c), proof of which is demanded at the trial of the case by competent and inadmissible evidence, if otherwise relevant. The foregoing Preface is incorporated herein by reference thereto. 42. The content of paragraph 42 is a conclusion of law to which no response is required and the same is deemed to be denied pursuant to Pa. R.C.P. 1029 (d). WHEREFORE, Defendant Joyce E. Capp, Administratrix of the Estate of Michael R. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Guschel, requests the Court to dismiss Defendant Barbara L. Guschel's New Matter and enter 2 dw judgment in favor of Defendant Joyce E. Capp, Administratrix, pursuant to her prayer for relief as set forth in her Answer to Complaint. SNELBAKER & BRENNEMAN, P.C. By: Richard C. Snelbaker 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Estate of Michael R. Guschel LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I, Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, do hereby certify I am a Defendant in the foregoing Reply ofAdministratrix to Defendant Barbara L. chefs New Matter, that the facts in the foregoing Reply within my personal knowledge are and correct and that with regard to facts received from others, I believe to be true and ect. I understand that any false statements made herein are subject to the penalties of 18 PA §4904 relating to unsworn falsification to authorities. Joyce E. app Administratrix of Estate of Michael R. Guschel August 15, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. . , CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within Reply of Administratrix to Defendant Barbara L. Guschel's New Matter upon the following persons by sending the same by first-class mail, postage paid addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 (Attorney for Plaintiff) Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 (Attorney for Defendant Barbara L. Guschel) Joyce E. Capp, 685 Moore's Mountain Road Mechanicsburg, PA 17055. Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Estate of Michael R. Guschel Dated: August 15, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C? r`np r ? J -rt tTt s F:\FILES\Clients\13021 Schneider Trucking\13021.I.mot1.wpd Created: 9/20/04 0:06PM Revised: 9/25/08 2:06PM 13021.1 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, Defendants, V. JOYCE E. CAPP, individually, Intervenor. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3766 CIVIL ACTION - LAW MOTION FOR PAYMENT OF FUNDS INTO ESCROW AND RELEASE OF SCHNEIDER NATIONAL, INC AND NOW, comes Plaintiff Schneider National, Inc. and hereby moves for an Order placing the proceeds of a life insurance policy and retirement plan into escrow and releasing it from liability in this action as follows: 1. This case arises out of a dispute over entitlement to the proceeds of a life insurance policy and retirement plan in the name of Michael R. Guschel. 2. The approximate value of the life insurance policy and retirement plan is $117,146.41. 3. Plaintiff filed a Complaint in this action seeking declaratory relief and permission from this Court to place the proceeds of the life insurance policy and retirement plan into an escrow account. 4. The parties to this action have agreed that Plaintiff should place the proceeds of the life insurance policy and retirement plan into a FDIC insured, interest-bearing deposit account. 5. Once the proceeds have been placed into the deposit account, the parties agree that Plaintiff is discharged from any liability in this action. 6. Correspondence confirming the concurrence of counsel is attached hereto and incorporated as Exhibit "A." 7. Judge Ebert was previously assigned to this case. WHEREFORE, Schneider National, Inc. moves this Court for an Order directing it to liquidate the proceeds of the life insurance policy and retirement plan and to place the proceeds in a FDIC insured, interest-bearing account. MARTSON LAW OFFICES By X ft;wa? George B. Faller, Jr., quire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: %/5/Q? Attorneys for Schneider National, Inc. EXHIBIT "A" SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 August 28, 2008 George B. Faller, Jr., Esquire Marston, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 Re: Schneider National, Inc. vs. Guschel Estate, et al. No: 08-3766 Civil Term (Cumberland County) Dear George: P. O. BOX 318 FACSIMILE (717) 697-7681 This is to advise that we have no objection to the Plaintiffs payment of the 401(k) pension "into court" provided that the money is held in an FDIC insured interest-bearing deposit account. Very C. Snelbaker RCS.jjc cc: Douglas C. Lovelace, Esquire 07!28!2008 20:01 7172412280 D LOVELACE PAGE 02/02 { f i DOUGLAS C. LOVELACE,, JR. A'rroRmy AND COUNSELOR AT LAw 36 DONEGAL DRIVE CARLISLE. PENNSYLVANIA 17013 (717) 241.2280 FAX AND VOICE VIA FACIINILE (717) 243-1860 Ge6rge B. Faller, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 July 28, 2008 VIA FACIMILE (717) 697-7881 Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street Mechanicsburg, PA 17055 Re: Schneider National, Inc. vs Joyce E Capp, Administrator of the Estate of Michael R. Guschel and Barbara L. Guschel, No. 08-3766 Civil Term, Cumberland County Gear Mr. Faller and Mr. Sneibaker: In the interest if expediting litigation of the referenced matter and minimizing associated costs, Iefendant Barbara Guschel coneenta to Mr. Faller's proposed order that Plaintiff Schneider National, Inc., pay the funds from Michael Guschel's life insurance policy and retirement plan into the Court, to be held until final judgment in the matter is entered, or until further order of the court. Very truly yours, G ? ?. gouglas c. Love , Jr., Esquire DCUmpI CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Motion for Payment of Funds into Escrow and Release of Schneider National, Inc., was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street Mechanicsburg, PA 17055 Counsel for Defendant Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 Counsel for Defendant Barbara L. Guschel MARTSON LAW OFFICES By: LA 1% `M , 0"" M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?ICOS- L c- r cn ts- SFP 2 61008, SCHNEIDER NATIONAL, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, No. 08-3766 Defendants, CIVIL ACTION - LAW V. JOYCE E. CAPP, individually, Intervenor. ORDER AND NOW, this S{ day of 0 6 4` ur , 2008, upon consideration of the foregoing Stipulation it is hereby ordered that: (a) Schneider National, Inc. is directed to liquidate Michael R. Guschel's retirement account and pay the funds of the life insurance and retirement plan to the Prothonotary's Office of Cumberland County; (b) The Prothonotary of Cumberland County is directed to place the proceeds of the life insurance policy and retirement plan in the name of Michael R. Guschel in a FDIC insured, interest- bearing account; and (c) Upon placing the above-described funds in an appropriate account, Plaintiff will be absolved of any liability in this action. Z a p b v1p lV,Ys3 r ?d 9 h :6 WV I -130 GOOZ ,kdVl©NQ"r e.0' d 3HL 30 3v".??CK33'1!? F:\FILES\Clients\13021 Schneider Trucking\13021.1.PRA Created: 9/20/04 0:06PM Revised: 10/21/08 0:00PM 13021.1 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SCHNEIDER NATIONAL, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, No. 08-3766 Defendants, CIVIL ACTION - LAW V. JOYCE E. CAPP, individually, Intervenor PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Judge Ebert's Order dated October 1, 2008, a copy of which is attached as Exhibit "A", please set up an FDIC insured, interest-bearing account in which to place the proceeds oPI of the life insurance and retirement plan from Schneider National, Inc. A check in the amount of Vol $37,802.91 is attached hereto as Exhibit "B". This check represents the amount of Michael R. Guschel's retirement account and life insurance policy. &,j 10 s 014- kW(b ? oV ? 1, ti.- La?$y 4W w'SlJjd MARTSON LAW OFFICES (?? epic ? n^Qrn Lr? L 11 ?J-? George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire p' I.D. No. 203046 ?OJa?I ?0 Ten East High Street Carlisle, PA 17013 (717) 243-3341 EXHIBIT "A" i CVp 2 6 Z008(p SCHNEIDER NATIONAL, INC., Plaintiff, v. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, Defendants, V. JOYCE E. CAPP, individually, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3766 CIVIL ACTION - LAW SC ORDER AND NOW, this 1 day of O c.{'4` tW , 2008, upon consideration of the foregoing Stipulation it is hereby ordered that: (a) Schneider National, Inc. is directed to liquidate Michael R. Guschel's retirement account and pay the funds of the life insurance and retirement plan to the Prothonotary's Office of Cumberland County; (b) The Prothonotary of Cumberland County is directed to place the proceeds of the life insurance policy and retirement plan in the name of Michael R. Guschel in a FDIC insured, interest- bearing account; and (c) Upon placing the above-described funds in an appropriate account, Plaintiff will be absolved of any liability in this action. -t) o ISL 0 b b VlNVAWNN3d mwr 9 h :6 Nb I -130 OOOZ J1?V10ivv?i C1dd Ali 30 3OH-4C?-ti31d EXHIBIT "B" Check Date: 10/10/2008 Check No. 533621905 RETIREMENT PLAN SERVICE CENTER 2700 N SNELLING AVE STE 300 ROSEVILLE MN 55113 CNTY OF CUMBERLAND PROTHONOTARY OFFICE 10 E. HIGH ST. C/O G. FALLER,JR. CARLISLE PA 17013 Trust Number: 13273000 Trust Name: SCHNEIDER NAT L INC 401 K S & PIET PL Recipient/Participant: CNTY OF CUMBERLAND PROTHONOTARY OFFICE 10 E. HIGH ST. C/O G. FALLER,JR. CARLISLE PA 17013 CASH PAYMENT INFORMATION Distribution Type: DEATH BENEFIT Gross Cash Payment Amount $45,366.44 Federal Withholding $7,563.53 State Withholding 0.00 State Code Net Cash Payment Amount $37,802.91 TAX INFORMATION Ordinary Income $75,635.25 Other Income 0,00 Capital Gains 0,00 Total Taxable Amount $75,635.25 Net Unrealized Appreciation 0.00 After Tax Contributions 0.00 Gross Distribution Amount $75,635.25 Distribution Category Code 4 Federal Withholding $7,563.53 State Withholding 0.00 LOAN INFORMATION Loan Balance Offset Amount $30,268.81 EMPLOYER SECURITIES INFORMATION Number of Shares 0.00 Price (Market) Per Share 0,00 Cost Basis Per Share 0.00 Total Mkt Value of Securities 000 MISCELLANEOUS ASSETS INFORMATION Mkt Value of Other Assets 000 Included in this Distribution MEMO: WELLS FARGO B,4jVK, NA. 93-516 -grr- Check Date: 10/10/2008 RETIREMENT PLAN SERVICE CENTER 2700 N SNELLING AVE STE 300 ROSEVILLE MN 55113 Check No. 533621905 AMOUNT Trust Number: 13273000 Trust Name: SCHNEIDER NAT'L INC 401K S & RET PL ..... $37,802.91 PAY Thirty seven thousand eight hundred two and 911100 Dollars VOID AFTER 6 MONTHS CNTY OF CUMBERLAND PROTHONOTARY OFFICE J.00 f- 10 E. HIGH ST. C/O G. FALLER,JR. CARLISLE PA 17013 .4 113 S3362L90SII' 409290SL684 49900 24 28 7no CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street Mechanicsburg, PA 17055 Counsel for Defendant Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 Counsel for Defendant Barbara L. Guschel MARTSON LAW OFFICES '-A -'? A By: O M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /01OA Of rs m C .yam CrI F!\F11.ES\CIients\13021 Schneider Trucking\13021.1.PRA Created 9/20/04 0:06PM Revised: 10121/08 O:OOPM 13021.1 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SCHNEIDER NATIONAL, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, No. 08-3766 Defendants, CIVIL ACTION - LAW V. JOYCE E. CAPP, individually, Intervenor. PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Judge Ebert's Order dated October 1, 2008, a copy of which is attached as t;,-j is Exhibit "A", please set up an FDIC insured, interest-bearing account in which to place the proceeds op of the life insurance and retirement plan from Schneider National, Inc. A?check in the amount of ,.&47 $37,802.91 is attached hereto as Exhibit "B". This check represents the amount of Michael R. Guschel's retirement account and life insurance policy. tj,. C.,-t`5 orlj.- }wo pvai QVj?, all. 4W 8?}des, ti ZA w+s .so?J ;tJ ?o A ?,1? lu / OP I/er Gt;?? ?rvt?? MARTSONLAWOFFICES ova t ^? l' ?J n? S By ?.li? ?. George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 RETIREMENT PLAN SERVICE CENTER 2700 N SNELLING AVE STE 300 ROSEVILLE MN 55113 CNTY OF CUMBERLAND PROTHONOTARY OFFICE 10 E. HIGH ST. C/O G. FALLER,JR. CARLISLE PA 17013 CASH PAYMENT INFORMATION Distribution Type: DEATH BENEFIT Gross Cash Payment Amount $45,366.44 Federal Withholding $7,563.53 State Withholding 000 State Code Net Cash Payment Amount $37,802.91 TAX INFORMATION Ordinary income $75,635.25 Other Income 000 Capital Gains 000 Total Taxable Amount $75,635.25 Net Unrealized Appreciation 0.00 After Tax Contributions 0.00 Gross Distribution Amount $75,635.25 Distribution Category Code 4 Federal Withholding $7,563.53 State Withholding 000 MEMO: Check Date: 10/10/2008 Check No. 533621905 Trust Number: 13273000 Trust Name: SCHNEIDER NAT'L INC 401K S & RET PL Recipient/Participant: CNTY OF CUMBERLAND PROTHONOTARY OFFICE 10 E. HIGH ST. C/O G. FALLER,JR. CARLISLE PA 17013 LOAN INFORMATION Loan Balance Offset Amount $30,268.81 EMPLOYER SECURITIES INFORMATION Number of Shares 000 Price (Market) Per Share 000 Cost Basis Per Share 000 Total Mkt Value of Securities 000 MISCELLANEOUS ASSETS INFORMATION Mkt Value of Other Assets 000 Included in this Distribution 4kLSFARGd*jk NA. 93.516 RETIREMENT PLAN SERVICE CENTER Check Date: 10/10/2008 Check No. 533621905 2700 N SNEUING AVE STE 300 ROSEVILLE MN 55113 Trust Number: 13273000 Trust Name: SCHNEIDE R NAT'L INC 401K S $ RET PL ? PAY ..,..$37,802.91 Thirty seven thousand eight hundred two and 911100 Dollars VOID AFTER 6 MONTHS CNTY OF CUMBERLAND PROTHONOTARY OFFICE 10 E. HIGH ST. C/O G. FALLER,JR. • CARLISLE PA 17013 ,LJ IlaS336 2190SO 1:09 290S 16BI: 49900 24 2B71I' November 7, 2008 Case # Receipt # Month 216868 37,802.91 November For the deposit made on 11-10-08, the deposit will be 37 8 of 1 new seqreqated accounts f for the date of 11-07-08 D2.91 less because of 27122351. RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Receipt Date 11/07/2008 Carlisle, Pa 17013 Receipt Time 12:03:50 Receipt No. 216868 SCHNEIDER NATIONAL INC P 0 BOX 2545 GREEN BAY WI SCHNEIDER NATIONAL INC (vs) CAPP JOYCE E ET AL Case Number 2008-03766 Received of DEP IN COMMERCE BANK 10-22-08 627122351 PAYEE 3943 Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ $37,802.91 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 37,802.91 SCHNEIDER NATIONAL INC .00 37,802.91 .00 $37,802.91 F:\FILES\Clients\13021 Schneider Trucking\13021.I.pra2.wpd Created: 9/20/04 0:06PM Revised: 12/23/08 10: 54AM 13021.1 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SCHNEIDER NATIONAL, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, Defendants, V. JOYCE E. CAPP, individually, Intervenor. No. 08-3766 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Judge Ebert's Order dated October 1, 2008, a copy of which is attached as Exhibit "A", the proceeds of the life insurance policy in the name of Michael R. Guschel are to be placed in a FDIC insured, interest-bearing account in the Prothonotary's Office of Cumberland County. A copy of a check in the amount of $20,000.00 is attached hereto as Exhibit "B." This check represents the amount of Michael R. Guschel's life insurance policy. MARTSON LAW OFFICES George B. Faller, Jr., Esqu I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 Date: December 23, 2008 (717) 243-3341 EXHIBIT A .VP 2 61008, SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, Defendants, V. JOYCE E. CAPP, individually, Intervenor. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3766 CIVIL ACTION - LAW ORDER AND NOW, this I day of 0 610Aur , 2008, upon consideration of the foregoing Stipulation it is hereby ordered that: (a) Schneider National, Inc. is directed to liquidate Michael R. Guschel's retirement account. and pay the funds of the life insurance and retirement plan to the Prothonotary's Office of Cumberland County; (b) The Prothonotary of Cumberland County is directed to place the proceeds of the life insurance policy and retirement plan in the name of Michael R. Guschel in a FDIC insured, interest- bearing account; and (c) Upon placing the above-described funds in an appropriate account, Plaintiff will be absolved of any liability in this action. ?k -? i T FILED- D FICE OF THE PROT! JONOTARY 2008 OCT -I AM 9= 4 6 CUNbL-!- ,. UUtYTY PF NN,§Y&ANIA c- tZ? 4% V- 0 o? EXHIBIT B CIGNA COMPANIES P.O. BOX 22325 PITTSBURGH PA 15222-0325 LIFE INSURANCE CO OF NORTH AMERICA JAMES MACOM 800-238-2125 EXT 3251 Please direct any questions to the above analyst. 0 Be sure to provide your account and ID numbers ?a in all letters and telephone calls. aa: ?Y - Irr??llr??'I'rrrr ?rll?r"rrr'I?I?rrl rrr'Ir lr?rrr?'I'Irrr????r' COUNTY OF CUMBERLAND, OFFICE OF THE PROTHONOTARY sm C/O GEORGE B. FALLER 10 EAST HIGH STREET CARLISLE PA 17013 Explanation Of Benefits Page 1 CIGNA P031 0 1.44 Benefit T Payment Period Duration Benefit Rate' Benefit Pa Less Deduction, LIFE BASIC 02/18/2008 - 02/18/2008 999 DAYS 20000.00/LS 20000.00 .00 ueuucaons: TOTAL PAYMENT $ 20,000.00 Messages: Total amount paid to date, including taxes, for this claim is $ Payments Issued 12/10/2008 COUNTY OF CUMBERLAND, OFFICE O 20,000.00 PROTHONOTARY 20, 000.00 for the period 02/16/2008 thru 02/16/2008 G2014A (SRO Check Overlay) 6.11-2003 LIFE INSURANCE Co OF NORTH AMERICA POLICY NO. Ce0hQI ier Claimant FLX0080008 M R GUS!CHEL MICHAEL A "CHOL **TWENTY THOUSAND DOLLARS AND 00 CENTS** Pay to the COUNTY OF CUMBERLAND, OFFICE OF THE Order THONOTAPY = t Olli4 8 FALLER Of 10 EAST HIGH STREET CARLISLE PA 17043 BANK OF AMERICA, N. A. HARTFORD CT 00115 Certholder: MICHAEL R GUSCHEL Claimant: MICHAEL R GUSCHEL ID#: Special ID#: Account Name: SCHNEIDER NATIONAL, INC. Account: 5052103 Policy FLX 0980008 Div 000 Detach on Perforation Below - Please Cash Promptly _.. .... .._....... ..................... _,............................. ..„...... SR 04080032 51-44 119 Office Date P031 12-10-2008 DAYS***20,000.00 VOID3AFTFAVO DAYS 4 THE ORIGINAL DOCUMENT HAS A REFLECTIVE WATERMARK oicT BACK. HOLD AT AN*WLETG VISW 1120 2040809 3 2116 IIM L L90044 5II: I SS &6112 CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street Mechanicsburg, PA 17055 Counsel for Defendant Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 Counsel for Defendant Barbara L. Guschel MARTSON LAW OFFICES By:.. c e j ecker e asStreet 4Carlisle, PA 17013 (717) 243-3341 Dated: December 23, 2008 4^j p u t w, f ? r } 4 X3 SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, Defendants V. JOYCE E. CAPP, individually, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-3766 CIVIL TERM CIVIL ACTION -LAW MOTION FOR ORDER TO DISTRIBUTE FUNDS To: The Honorable M.L. Ebert, Jr., Judge AND NOW, come Joyce E. Capp (Intervenor) and Barbara L. Guschel (Defendant) by their respective attorneys, Snelbaker & Brenneman, P.C. for Intervenor, and Douglas C. Lovelace, Jr., Esquire, for Defendant, and respectfully request an order to distribute funds based upon the following representations: 1. Schneider National, Inc., Plaintiff, commenced this action of interpleader which resulted in your Honor's Order of October 1, 2008, a true copy of which is attached hereto marked "Exhibit A". 2. Plaintiff complied with said Order by causing the funds identified in said Order ("Exhibit A) to be collected and deposited with the Prothonotary as follows: (a) Proceeds of retirement fund in the amount of $37,802.91; and (b) Proceeds of life insurance in the amount of $20,000.00. 3. Defendants and Intervenor have resolved their interests in the funds as more LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. fully set forth in a Settlement Agreement dated January 6, 2009, an original counterpart of which is attached hereto marked "Exhibit B". 4. Notice of the intention to file this motion has been given to the attorneys for Plaintiff who have not objected to the procedure of distribution, but have declined to join herein on the basis of the provisions of paragraph (c) of the Order ("Exhibit A"). WHEREFORE, the undersigned request your Honorable Court to direct the Prothonotary to distribute the funds in accordance with the Settlement Agreement as follows: (a) Proceeds of retirement fund, to wit: $37,802.91, with accrued interest thereon from the date of creation of the Prothonotary's account to date of distribution, less one-half of the Prothonotary's costs, if any, to Snelbaker & Brenneman, P.C., attorneys for Joyce E. Capp (individually), and (b) Proceeds of life insurance, to wit: $20,000.00, with accrued interest thereon from the date of deposit into the Prothonotary's account to date of distribution, less one-half of the Prothonotary's costs, if any, to Douglas C. Lovelace, Jr., Esquire, attorney for Barbara L. Guschel. Respectfully submitted, SNELBA R & BRENNEMAN, P.C. By char C. Snelbaker Attorneys for Joyce E. Capp and ?ae 0/f, Douglas C. Lovelace, Jr' Attorney for Barbara L_ Guschel LAW OFFICES . SNELBAKER 8C BRENNEMAN, P.C. EXHIBIT A SCHNEIDER NATIONAL, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA L. GUSCHEL, No. 08-3766 Defendants, CIVIL ACTION - LAW V. JOYCE E. CAPP, individually, Intervenor ORDER AND NOW, this J.,r day of 6_t_CZ j,4, , 2008, upon consideration of the foregoing Stipulation it is hereby ordered that: (a) Schneider National, Inc. is directed to liquidate Michael R. Guschel's retirement account and pay the funds of the life insurance and retirement plan to the Prothonotary's Office of Cumberland County; (b) The Prothonotary of Cumberland County is directed to place the proceeds of the life insurance policy and retirement plan in the name of Michael R. Guschel in a FDIC insured, interest- bearing account; and (c) Upon placing the above-described funds in an appropriate account, Plaintiff will be absolved of any liability in this action. J T RUE t;0 PY hie u 1170 y ? - 4 "W d "W Cou" St car" w V XHIBIT B SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this (? ti+ day of January, 2009, by and among: JOYCE E. CAPP, Administratrix of the Estate of MICHAEL R. GUSCHEL, Deceased, party of the first part, hereinafter called "Administratrix", and JOYCE E. CAPP, individually, parry of the second part, hereinafter called "Capp", and BARBARA L. GUSCHEL, party of the third part, hereinafter called "B. Guschel": WITNESSETH: WHEREAS, Michael R. Guschel (hereinafter called "Michael") was an employee of Schneider National, Inc. (hereinafter called "Schneider") and, as such employee, participated in Schneider's employee benefit plans, namely, (1) 401(k) Retirement Plan (hereinafter called "401(k) Plan", and. (2) life insurance via Life Insurance Company of North America, a division of CIGNA Insurance Group (hereinafter called "Life Insurance"); and WHEREAS, Michael died on February 16, 2008, intestate, and Administratrix was appointed Administratrix of Michael's estate by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, B. Guschel was previously married to Michael, and subsequently divorced; and WHEREAS, the parties each made claims against the 401(k) Plan and Life Insurance; and WHEREAS, Schneider commenced an interpleader action against Administratrix and B. Guschel docketed to No. 08-3766 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, to which Capp intervened (hereinafter called "Legal Action"); and WHEREAS, pursuant to Order of the Court in the Legal Action dated October 1, 2008, Schneider paid the proceeds of the 401(k) Plan and Life Insurance into Court; and WHEREAS, the parties have negotiated a settlement of the Legal Action which they desire and intend to document by these presents; NOW, THEREFORE, in consideration of these presents and intending to be legally bound hereby, the parties mutually agree as follows: The foregoing preamble and paragraphs are incorporated herein by reference thereto as though set forth in full. 2. It is agreed that Capp shall be and become the sole owner of the proceeds of the 401(k) Plan (with accrued interest thereon) as held by the Prothonotary of Cumberland County in the Legal Action. Administratrix and B. Guschel individually hereby waive their respective claims to the 401(k) Plan and each hereby releases and quitclaims her respective claim unto Capp so as to vest full and complete ownership of the 401(k) Plan and interest in Capp. 3. It is agreed that B. Guschel shall be and become the sole beneficiary and owner of the proceeds of the Life Insurance (with accrued interest thereon) as held by the Prothonotary. Administratrix and Capp individually hereby waive their respective claims to the benefits of the Life Insurance and --ach hereby releases and quitclaims her respective claim unto B. Guschel so as to vest full and complete ownership of the benefits and proceeds of the Life Insurance and interest in B. Guschel. 2 4. An original counterpart of this Settlement Agreement shall be filed in the Legal Action. 5. The parties hereby authorize their attorneys to take such further collaborative .-w action as to terminate the Legal Action with prejudice, cause the 401(k) Plan proceeds and accrued interest thereon to be paid to Capp and cause the Life Insurance proceeds and accrued interest thereon to be paid to B. Guschel. 6. This Settlement Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first mentioned above. WITNESSED BY: (SEAL) 71 Joyce E. app, Administratrix of the Estate of Michael R. Guschel, Deceased w e, (SEAL) Joyce E. app (SEAL) Barbara L. Guschel ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND) On this, the % 3 *"t day of January, 2009, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared Joyce E. Capp, Administratrix of the Estate of Michael R. Guschel, Deceased, 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. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Mabazi, Notary Pubic Meth dosb xg Boro, Cumbeda nd Courtly My Commission E>r w Nov. 24, 2011 Member, Pennsylvania Association of Notaries Notary Public ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND) On this, the day of January, 2009, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared Joyce E. Capp, individually, 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. COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal Susan L Mabazi, Notary Pubic MW1anICSIX rg Bono, Cumberland County My Commission Expires Nov. 24, 2011 Member, Pennsylvania Association of Notaries 4 ACKNOWLEDGEMENT STATE OF \o COUNTY OF - t-: s --- SS. On this, the V`` day of January, 2009, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared Barbara L. Guschel, 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 N 5 L. ao ?N• • NDD 744578 •; ?? CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within Motion for Order to Distribute Funds and proposed Order upon the following persons by sending the same by first-class mail, postage paid addressed as follows: MARTSON LAW OFFICES George B. Faller, Jr., Esquire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (Attorneys for Plaintiff) Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Joyce E. Capp (Individually) Dated: January 4, 2009 LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. ?i ICO r' JAN 2 8 2009 C'n SCHNEIDER NATIONAL, INC., Plaintiff, V. JOYCE E. CAPP, Administratrix of the ESTATE OF MICHAEL R. GUSCHEL and BARBARA GUSCHEL, Defendants V. JOYCE E. CAPP, individually, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-3766 CIVIL TERM CIVIL ACTION -LAW ORDER 3 6 day of January, 2009, upon consideration of the attached AND NOW, this Motion for Order to Distribute Funds and Discontinue Action, the Prothonotary is directed to close the interest bearing account created pursuant to this Court's Order of October 1, 2008, and distribute the balance thereof as follows: a. To pay the Prothonotary's costs, if any, from said account; b. To pay the amount of the retirement fund, to wit: $37,802.91, plus the interest accrued thereon in said account from the date of creation of the Prothonotary ' s account to the date of closing said account (less one-half the Prothonotary's costs, if any) to Snelbaker & Brenneman, P.C., as attorneys for Joyce E. Capp (individually); and c. To pay the amount of the life insurance proceeds to wit: $20,000.00, plus the interest accrued thereon in said account from the date of deposit of said proceeds in said account to the date of closing said account (less one-half the Prothonotary's costs, if any) to Douglas C. Lovelace, Jr., Esquire, attorney for Barbara L. Guschel. Upon the Prothonotary's distribution as aforesaid, this action shall be deemed to be LAW OFFICES SNELBAKER & BRENNEMAN. P.C. By the Court, ?\A J. l 1 :1114V QE N r 6001 - -- - •+ ?? ?!....nw.,vvnu Knr-A 4nnnUes cOCOR GpADUALLY FROM TOR TO q 0TTOM. \ w a Lj ?I VIII k; 1-07 211 , . g a o W, oz LAFiCISCPA'17p1 3 V Q%Z?w \ ?a S PAY i li 'rti'k riL .?111a UUrI 1' F' +3 C?9'? t?i •Y .. . j it ow TO THE ORDER OF, 9 pom5 7 '" . V W a3 V auN Three g iitt3C3t'eC lFt? V 10 7 1 olla s AND G13, Cents DO " _ wwq LLARS u =ow ui m RE: i 11072LLo' 1:03L3018461: 5L 900003 El t w; a Z° /\."V g / J 0,Z8 ul LU %.z? w ThirLy! lerren Thou afiLi Sev rr Hundr;ed Fifty P6e 0c4lars AND",8v F_entiDOLLARS w C -.y V y !. /1 +ti r N IIIN-Vi -ova J L l 93.E 6001 3HI + o i 12191702172009 PYS405 Cumberland County Prothonotary's Office Manual Release Ch k R Paqe 1 ec egister 2/17/2009 Distribution Case No Accountin g Escrow Amount Tran Date Date Release ------------------------ 3951 SNELBAKER RICHARD C ------------------------- ----------- Check Date: 02/17/2009 ------------------ Check No.:9000030 REFUND R EFUND 2008- 03766 2008- 03766 TRNS ESC IN TRNS ESC IN 34404.88 346.92 2/17/2009 2/17/2009 REFUND REFUND 2008- 03766 2008- 03766 TRNS ESC IN TRNS ESC IN 653.08 2 2172009 / / 346.92 2 17 2009 Payee total: ------------ 37751.80 ------- Grand total: --------------- 37,751.80 ------------------ ft r _ vcnirT ! n AUTHENTICITY OF THIS My TFTONE SECURITY DOCUMENT CHBACKG QUND ARCHANpEs CpOR Q RADUALI Y FROM T ?P T0 Y ? ,8QTTUA1 g p 10 mQ /' az w 1 072 a,ae ?5 HLAND AYE-?%> ` ` # tear3la o ? o z w ir AF Lip PA`17913 -- v ?r \ Q 1-ZO "0 w . _ U)? 'a, PAY J fGU?` l lC?vf LAC\ Jk,. ?? (} z,? TO THE ORDER Off" + ?.1 I?"U •J? i _j 0 Oro Q W.a3? 3: v < iY1nersrnFtr Thousa'f)a Esaht Hundrecr"Thirty Thl--e' E".x ars AND Qi Cent ? _ H w i s DO LL LL O a??? Z X_?- ? wZ a Of =0w ?w m RE: II' 110? 2 10u' 403 130 IEMI: 5 L 900003 8n• Cl >- W 7209 TI ;p4 AVM ? k " ? sss?su3t3\ i t : S CARCISf P 13 ,moo . ° Ph1G, Lt1ttE.{i RNbCl1VTt FR?T?y ? g.? ? 70 THE ORDEROF g 000 a Q I+Zjm y W,? 00. Two Kundr4d ` vienty ars AN b 6 0' ? OL ? RS wO W LL O ?Um i- 1 aui j w ,. m RE: I?' L 107 209u' 1:03 L30 18461: S& 900003 8u' }!a ?.. T?I I../ 0 i L 0 :01 NV L 193J 60OZ dt 1? Cv . 3HI J0 12353002172009 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 2/17/2009 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------- 3952 LOVELACE DOUGLAS C JR Check Date: 02/17/2009 Check No.:9000031 REFUND 2008- 03766 TRNS ESC IN 19833.05 2/17/2009 Payee total: 19833.05 ----------------------------------------------------------------- Grand total: 19,833.05