HomeMy WebLinkAbout96-05524
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No.
Term. 19 ._
VS,
PRAECIPE
Filed
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. Ally,
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WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to
the Divorce Code of Pennsylvania.
COUNT 11- EQUITABLE DISTRIBUTION
9. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names
of each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by
the Defendant, to equitably divide the property, both real and personal, owned by the
parties hereto as marital property.
COUNT III . ALIMONY
10. Plaintiff lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
11 , Plaintiff is unable to support herself in accordance with the standard of living of
the parties established during the marriage through appropriate employment.
12. The Defendant is employed and enjoys a substantial income from which he is
able to contribute to the support and maintenance of Plaintiff and to pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding
Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate
to support and maintain Plaintiff in the station of life to which she has become accustomed
, during the marriage.
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COUNT IV - ALIMONY PENDENTE LIrE
13, Plaintiff is without sufficient income to support and maintain herself during the
pendency of this action.
14. Defendant enjoys a substantial income and is well able to contribute to the
support and maintenance of Plaintiff during the course of this action.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action.
4
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DEBORAH D. STOUP,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLV ANIA
vs.
CIVIL ACTION. LAW
CHARLES L. STOUP, JR.,
Defendant
NO. 96.5524 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 7
October 1996 and was served upon the Defendant on or about 9 October 1996.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I COilsent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4, I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
24 November 1998
DATE
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DEBORAH D, STOUP
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DEBORAH D. STOUP,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 96-5524 CIVIL TERM
CHARLES L. STOUP, JR.,
Defendant
CIVIL ACTiON - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301 (cl of the Divorce Code was
filed on Iv Il ) ell"
and served on 10/-1 hi,
,
2, The marriage of the Plaintiff and Defendant is irretrievably broken. and
ninety days have elapsed from the date of both the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice
of Intention to request entry of the Decree.
4. I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I participate
in counseling. I further understand that the Court maintains a list of marriage
counselors in the Prothonotary's Office, which list is available to me upon request.
Being so advised, I do not request that the Court require that my spouse and I
DEBORAH D. STOUP,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-5524 CIVIL TERM
CHARLES L. STOUP, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER ~ 3301 lc) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice,
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is
filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities,
Date: 11/24/98
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Charles L. Stoup: J ., Defenda t t.-
TO
YOU "',,1: MIUU:8'" tlOTIJll:C TO "LEAD TO
THI (HeLO'La WITHIN
TWENTY 1201 CAYS 0' SIRVICI[ HIIRI:O' OR
A tll:'AULT JUDOJolI:NT Jo4...., 81; I[NTI[RIO
AGAINST YOU ..
LAW OHICE
JAMES. SMITH, DURKIN & CONNELLY
WI: H,[RI:8'( ellUI'''' HO,T THl WITHIN IS
A TRUI AND CORRECT CO,"Y OJ THI
OlltlCiINAI,. '11.1:0 IN. TIoOIS ACTION
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p, (l BOX b50
HERSHEY. PENS'\YI.VA~IA 170U.065U
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DEBORAH D. STOUP,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96.5524 CIVIL TERM
CHARLES L. STOUP, JR.,
DefendantlPetitioner
CIVIL ACTION. LAW
IN DIVORCE
ORDER OF COURT
I
AND NOW, this __f" day of -I i ,(~U'~r , 1998, upon consideration
of the attached Motion for Hearing, a hearing is scheduled for the '-( (-Pc day of
Oi')}, .-fJ , 1998 at I, )'U o'clock fL,m" in Court Room No. ..L of
the Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COU~J/
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EDGAR B. BAYLEY, JUDGE
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DEBORAH D. STOUP,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-5524 CIVIL TERM
CHARLES L. STOUP, JR.,
Defendant/Petitioner
CIVIL ACTION. LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney
for the Defendant/Petitioner, Charles L, Stoup, Jr., hereby certify that I have served
a copy of the foregoing Motion for Hearing on the following on the date and in the
manner indicated below:
U,S MAIL. FIRST CLASS, PRE-PAID
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
JAMES, SMITH, DURKIN & CONNELLY
DATE: ,~ -~1-L) 3
By: "
Johri f' Conn Iy, Jr., Fsquir
(\ttodQey for D fendar(t/Petiti
10s!1 t2-Wa nut Stree'
Harrisburg,PA 17101
(7'i7) 238.4776
PA I.D. No, 15615
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THERESA BARRElT MALE
COUNStlOl AT LAW
1151'1Nt Sma
HAU15aURG. P'NNSYl.VANlA 17101
(717) 233-3220
Theresa Barrett Male
supreme court #46439
115 pine Street
Harrisburg, PA 17101
(717) 233-3220
Atto~ney For Defendant
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEBORAH D. STOUP I
plaintiff
NO. 96-5524 civil Term
v.
CHARLES L. STOUP I JR.
Defendant
CIVIL ACTION - DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please enter the appearance of Theresa Barrett Male, Esquire
on behalf of Defendant in the above-captioned action.
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Theresa Barrett Male, Esquire
Supreme Court # 46439
115 pine street
Harrisburg, pennsylvania 17101
(717) 233-3220
counsel for Defendant
Date: 10/14/96
- .
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The Honorable Edgar B. Bailey
June 17, 1997
Page 2
Dr. Stoup has funded a pension plan, which currently amounts to approximately
$1.6 million, which will provide a continuation of income at the same level as he has
enjoyed from his practice.
Although it may be beyond the scope of the hearing, we believe that as the issue
of the oral surgery practice as marital property for equitable distribution is litigated, the
case of DeMasi v. DeMasi, 530 A.2d 871 (Pa. Super 1987) will control. That case
indicates that there is no value in Dr. Stoup's practice which would be considered
marital property.
We believe that a continuance will not be prejudicial to Plaintiff's rights, but if the
hearing must occur in the absence of my client, his rights may be damaged.
I therefore request that a continuance be granted. I am enclosing a proposed
Order of Court which may be utilized for that purpose.
Thank you for your consideration of this request.
Very truly yours,
FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C.
P11~~~f^^-'~-
Roger M. Morgenthal
RMM/smr
Enclosure
cc: Samuel Andes, Esquire - VIA FACSIMILE Iw/encl.)
CHARLES L. STOUP, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO: 96-5524 CIVIL TERM
DEBORAH STOUP,
CIVIL ACTION. DIVORCE
Defendant
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance in the above-captioned divorce action on behalf of Defendant,
Charles L. Stoup, Jr.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiffs
Dated:
i/ 3J In
By:
(.'//v/ rill/I J'-L-/f-
Roger M. Morgenthal, Esquire (1.0. #17143)
11 East High Street
Carlisle, PA 17013
(717) 243-5513
WITHDRA WAL OF APPE,ARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance in the above-captioned divorce action as attorney for
Defendant, Charles L. Stoup, Jr.
d:J~/ au:ec-/l0-0-
Theresa Barrett Male, Esquire (1.0. #46439)
115 Pine Street
Harrisburg, PA 17101
(717) 233-3220
Attorney for Plaintiff
Dated: fin /l7
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By:
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SA M lJEL L. As DES
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LE~.lOYNE. PEl'"'NSoVLV.A,NIA 1704:]
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16 JW1e 1997
via fax 243-6510
Roger M. Morgenthal, Esquire
II East High Street
Carlisle, PA 17013
RE: Stoup
Dear Roger:
I will agree to postpone the bearing in the Stoup case if your client will agr~e to
the enby of the anached Order. I have tried to make the language fair so that your
client's continued operation of the practice will not be onerous, and so that my client is
still protected. Since we are only talking about a few weeks, I would think your client
would have no problem with this.
If this is satisfactory, please present it to Judge Bayley and advise him that I have
agreed to the postponement and the enby of that Order. If the hearing is postponed,
please notify Amy Roselli at my office so thai she can contact Mrs. Stoup well in advance
at the time for which the hearing is scheduled.
I have 1I0t had a change to proofread the Order of the letter and you may feel free
to make IIIlY editing corrections necessary if there are mistakes.
Thank you for your cooperation.
Sincerely,
Samuel L. Andes
amr
Enclosure
,
DEBORAH D. STOUP,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHARLES L. STOUP, JR.,
DEFENDANT
96-5524 CIVIL TERM
ORDER OF COURT
AND NOW, this 24th day of June, 1997, upon the agreement of the parties as
expressed by their counsel, the hearing previously scheduled in this matter on the
Plaintiff's Petition for Emergency Relief is hereby rescheduled and will now be held,
commencing on Monday, August 18, 1997, at 1:30 p.m., in Courtroom Number 2,
Cumberland County Courthouse, Carlisle, Pannsylvania.
Pending such hearing, the Defendant, Charles L. Stoup, Jr., shall not close the
offices at which he maintains his professional practice through Carlisle Oral Surgery,
P.C., shall not notify patients or other persons that he is retiring or is closing such
Office, and shall continue to see patients and otherwise practice as he has in the past
year.
By the Court /
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Samuel L. Andes, Esquire
For Plaintiff
Robert M. Morgenthal, Esquire
For Defendant
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CHARLES L. STOUP, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO: 96-5524 CIVIL TERM
DEBORAH STOUP,
CIVIL ACTION. DIVORCE
Defendant
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
I hereby withdraw my appearance in the above-captioned divorce action on behalf of Plaintiff,
Charles L. Stoup, Jr.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
Dated:
/-7..0 -')f'
By: /jZJ)7/) /llc ~1,-/
Roger M. Morgenthal, Esquire (1.0. #17143)
11 East High Street
Carlisle, PA 17013
(717) 243.5513
TO
YO'" AIt~ 101111111' HOTII'IUI TO ~LltAD TO
THI: ENCLallD WITHIN
TWINTY 1201 0,,"" 0' IUIV1CI[ HlIllIO' 011I
A DI'AULT JUDOMENT MAY elt IENTEIUO
AOAINST YOU
LAW OFFICE
JAMES, SMIT\I. DURKIN & CONNELLY
P o. BOX bSO
HERSHEY, PE~:"olSYLVA/'IiI^ J70.H-OMO
..nO"l"c'
WI[ HEAt liT cutn"" THAT ''''I WITHIN IS
A TRUE AND CONAICT COl" Of THIt
ORIGINi'loL. fl~I[O !N ftH~ ACTION
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DEBORAH D. STOUP,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-5524 CIVIL TERM
CHARLES L. STOUP, JR.,
Defendant/Petitioner
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW,this_ll-dayof ~~ \
, 1998, based upon the Motion
for Hearing filed February 27, 1998, the hearing is rescheduled to Monday, June 8,
1998, at 1:30 o'clock p.m., in Court Room No.2 of the Cumberland County
Courthouse, One courthouse Square, Carlisle, Pennsylvania.
BY THE COUR-T: /
,
Distribution:
John J. Connelly, Jr., Esquire, 112 Walnut Street, Harrisburg, PA 17101
Samuel L. Andes, Esquire, 525 North Twelfth Street, Lemoyne, PA 17043
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Defendant, and the Plaintiff and the parties' children, have derived other benefits and non-
cash compensation from the Defendant's practice, including the use of automobiles,
insurance, and payment of various other expenses which have been paid by the
professional corporation.
6. The parties separated in mid-December of 1995. Since the time of separation,
the Defendant, either by direct payment himself or through payment by Carlisle Oral
Surgery, P.C., has provided the sole support for the Plaintiff and the parties' two minor
children, by direct payments to Plaintiff or by the payment of the Plaintiff's household
expenses directly to the bank holding the mortgage and the persons or entities providing
the services for that home.
7. Plaintiff is not employed on a regular basis and has not been employed on a
regular basis, by agreement of the Plaintiff and Defendant, for a period in excess of ten
years. As a result, Plaintiff is without sufficient funds to meet her needs or the needs of
the parties' minor children.
8. Defendant has apparently announced to the staff of Carlisle Oral Surgery, P.C.,
and to patients of his professional practice, that he will retire in mid-June. He has ceased
scheduling patients after mid-June.
9. Carlisle Oral Surgery, P.C., and the professional practice which the Defendant
has enjoyed for that professional corporation, has a substantial cash value. Defendant has
been offered cash payment for the practice within the past year. Plaintiff believes that the
practice has significant value as a going concern and as an active professional practice and
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I.
II
DEBORAH STOUP,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Plaintiff
vs.
CIVIL ACTION - LAW
CHARLES L. STOUP, JR.,
Defendant
NO. 96-5524 CIVIL TERM
IN DIVORCE
MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
moves the Court for the entry of the Qualified Domestic Relations Order which is attached
hereto, pursuant to the agreement of the parties as evidenced both by their Property
Settlement Agreement dated 16 November 1998, and their express consent to the order,
which appears on the order itself.
~~~~
Attorney for Plaintiff
Supreme Court 10 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION. LAW
DEBORAH STOUP,
pLAINTIFF
CHARLES L. STOUP, JR.,
DEFENDANT
NO. 96-5524 CIVIL TERM
IN DIVORCE, A. V.M.
QUALIFIED DOMESTIC RELATIONS ORDER
I. Recitals
1. The Il.arties to this action have entered into a Property Settlement
Agreement dated r!!l./)/It /l1l) .!t ,'t) 1.1.{; I J 9((7; .
2. The Court intends this order to be a Qualified Domestic Relations Order
("QDRO") within the meaning of ~414(p) of the Internal Revenue Code of 1986 ("Code").
The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. ~3502.
3. This order creates and recognizes the existence of the Alternate Payee's right
to receive a portion of the benefits payable with respect to the Participant.
II. Statements of Fact Pursuant to Code ~414(p)
4. This QDRO applies to the Carlisle Oral Surgery Associates, Ltd. Profit
Sharing Plan ("Plan") and any successor thereto. Charles L. Stoup, Jr. ("Participant") is a
participant in the Plan. Deborah Stoup ("Alternate Payee") is the alternate payee for
purposes ofthis QDRO.
5. The Participant's name, social security number, date of birth, and mailing
address are:
Charles L. Stoup, Jr.
SS#: 281-28-5925
DoB: 09/26/1935
Home Address: 410 South Pitt Street
Carlisle, PA 17013
6. The Alternate Payee's name, social security number, and mailing address
are:
Deborah Stoup
88#: 169-44-3605
Home Address: 1209 Sherwood Drive
Carlisle, PA 17013
7. The portion of the Participant's plan benefits to be transferred to an account
under the Plan for the Alternate Payee under this QDRO is:
$900,000, plus interest based on the rate provided by the Money Market Fund from
October 9, 1998 to the date of transfer to the segregated account.
1
m. Recitals Pursuant to Code H14(p)(3)
8. This QDRO does not require the Plan to provide any type or form of benefit
the Plan does not otherwise provide.
9. This QDRO does not require the Plan to provide increased benefits.
10. This QDRO does not require the Plan to pay any benefits which another
order previously determined to be a qualified domestic relations order requires the Plan to
pay to another alternate payee.
lV. Time and Manner of Payment
11. The Alternate Payee's portion of the benefits described in paragraph 7 shall
be segregated and separately maintained in account(s) established on her behalf and shall
be credited with any investment income or losses attributable thereto from the date of
segregation, until the date of total distribution to the Alternate Payee.
12. When the Alternate Payee so elects, the Plan shall distribute the full amount
(or any portion thereof in accordance with her direction) designated in paragraph 7 of this
QDRO, together with allocable earnings, as soon as administratively feasible. Benefits are
to be payable to the Alternate Payee in any form or permissible option otherwise available
to the Participant and alternate payees under the terms of the Plan, including, but not
limited to, a lump sum cash payment. The Alternate Payee shall execute any forms
required by the Plan Administrator.
13. On and after the date that this order is deemed to be a QDRO, but before the
Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be
entitled to all of the rights and election privileges that are afforded to active participants,
including, but not limited to, the rules regarding withdrawals and distributions and the
right to direct her Plan investments tv the extent permitted under the Plan.
14. All payments made pursuant to this order shall be conditioned on the
certification by the Alternate Payee and the Participant to the Plan Administrator of such
information as the Plan Administrator may reasonably require from such parties to make
the necessary calculation of the benefit amounts contained herein.
15. It is the intention of the parties that this QDRO continue to qualifY as a
QDRO under Code ~414(p), as it may be amended from time to time, and that the Plan
Administrator shall reserve the right to reconfirm the qualified status of the order at the
time benefits become payable hereunder.
16. In the event that the Plan Trustee inadvertently pays to the Participant any
benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the
Participant shall immediately reimburse the Alternate Payee to the extent that he has
received such benefit payments and shall forthwith pay such amount so received directly to
the Alternate Payee within ten (10) days of receipt.
17. In the event that the Participant's benefits, or any portion thereof. become
payable to the Participant as a result of termination or partial termination, then the
Alternate Payee shall be entitled to commence her benefits immediately in accordance with
the terms of this QDRO and in accordance with the termination procedures of the Plan.
18. After payment of the amount required by this QDRO, the Alternate Payee
shall have no further claim against the Participant's interest in the Plan.
2
19. Until the Plan completes payment of all benefits pursuant to this QDRO, the
Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code
~~401(a)( 11) and 417, but the Alternate PaYl:e shall receive, as surviving spouse, only the
amount described in paragraph 7 of this QDRO. Tbe sole purpose of this paragraph 16 is
to ensure payment to the Alternate Payee in case of Participant's death prior to payment
by the Plan of the amount described in paragraph 7 of this QDRO. In case of the Alternate
Payee's death prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan
shall pay the remaining benefits under this QDRO to Andrea Douglas Stoup and Elizabeth
Dandridge Stoup, equally.
V. Procedure for Processing this QDRO
20. The Plan shall treat this QDRO in accordance with Code ~414(p)(7). While
the Plan is determining whether this order is a qualified domestic relations order, the Plan
Administrator shall separately account for the amounts which would have been payable to
the Alternate Payee while the Plan is determining the qualified status of this QDRO.
21. The Plan Administrator promptly shaH notify the Participant and the
Alternate Payee of the receipt of this QDRO and shaH notify the Participant and the
Alternate Payee of the Plan's procedures for determining the qualified status of this
QDRO. Tbe Plan Administrator shall determine the qualified status of the QDRO and
shall notify the participant and the Alternate Payee of the determination within a
reasonable period oftime after receipt of this QDRO.
~e Court retams~op:t' Jf.-s matter as provided by law.
Signed: ~~? I
BY THE COURT! .
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CONSENTED TO:
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Deborah Stoup, Plaintiff
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