Loading...
HomeMy WebLinkAbout96-05524 Q... :s ~ VJ ~ I 1 Q..j ~ ~ V) ..... . .:.x 'if </,y t'.t../ /!'Y;f_ Jtf...,& ~ ".If (l~ -0' if, 9r /l;?;C-( ;--n.,</!'V ~ .1~ dm-4 \ \ .' . ....,. , '- No. Term. 19 ._ VS, PRAECIPE Filed 19 . Ally, ,- .- , .".... ! 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. I I I I i i I II Ii H 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 Ii 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 , J I ., !.. /'. (A _,C) CIC'c._./\.~ '---' DEBORAH D, STOUP ("j I' /.J. )'4 !~'-') "-...-... 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 ~~J;:~/ 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 ",nOIll"'I' p, (l BOX b50 HERSHEY. PENS'\YI.VA~IA 170U.065U .1 ~_.,____. ",no...'y ., 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/ ~~ EDGAR B. BAYLEY, JUDGE , ~ .... 'P~ ,', '.'\ ~i :~ t, \ '. 'J ." " ~. . ~.1 (' _;' '.'/~ G~:J " " ~. 1'--\ ~,,',.. ~'.... ,~\~:... ,: -',:~;,:,,;:~::;~' :~.~-:; ~ ',- ' &,"'-~. ", t- '.... '-..... \- ~ ':~ " ~ IS t .. ,J J ,_ _J ,,., C1' ,:.., ... .;, ',w. 'l<,J't.,,;.:,:~t~~If~~~1T!:z~{~':"I~:".:f,,;~,;/r,;.t'ts_.!.~,:\,if:::.~,~_:~/__:;-.;::,':(~ ,~'"",",J't. !"..;B::,'~!.,I.~ '....- 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 >. ,.. I"~ _oJ '. (~:; " I ~ (",. r--I " " " , ' , ,-' C' Co,.; " ~-! . .' , t l< \ . :c \1._ I' (~ C- t."; 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. rr~/2~~ Theresa Barrett Male, Esquire Supreme Court # 46439 115 pine street Harrisburg, pennsylvania 17101 (717) 233-3220 counsel for Defendant Date: 10/14/96 - . '. 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 I I By: \ .. ~-=- ;,j '-', LL C i.:..:: '" lll; t;~ ~ u_ C.:: , . C)~ L' . __::.I! '.~. t_,~ 47'9 POI "__IlIl"'.J. I.A~DE. oJ. &.I..., rlll..l.''''.r: SA M lJEL L. As DES AT70R:':.t:Y ....T LAW .,~~ NOJlTH TWt!:LrrN ~Tnr:r;T r O. wOK 168 LE~.lOYNE. PEl'"'NSoVLV.A,NIA 1704:] ":'I:".I'HU"I: ,.,. 101 "~"I ,., 'I', 1~1 I.:)~ 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 / /~ Samuel L. Andes, Esquire For Plaintiff Robert M. Morgenthal, Esquire For Defendant ~ rfI~u.;C lb/;l.SJq'1. ,.,b . f'. :saa ,0' '.oj to\,,1"."J ,.. ." .:\. ~ ~:. ~_ ~,-~?~'.'''r~ ~~i;\{ ,~.7- . .' r.', \~. \, " \~'.' . ';, . 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 8'1' _______.~--- .T ..Tl~.... 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 ~~L!.. '+//5/'111' "s.'&'. . . ".-I!:.jj~.~- " :,.:..'~' :c.' .'~.~)~:::"8'';,::'7.~,j~,:i:~1':,~r_{i.~~~,.~,,'t1i,[,;,~_1l-1"~~:~.~~J.L'\'~_"!'ir'"J,.;I"'i,", ~~., .. ;, 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 i il 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 \. -.~,.,:"-- ,~ ~ 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! . ! I f \ J. CONSENTED TO: ( ~j vb 1/"1 t' ,L Deborah Stoup, Plaintiff ~!)Lt I) . M~a? 3