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Mr. Fruitman and Mr. Adams negotiated a second Marital
Settlement Agreement which incorporated a Domestic Relations
Order (DRO). They submitted the proposed QDRO with their
respective party’s approval to Lillick & Charles on May 28, 1999.
Ms. Seidel expressly waived all spousal support in the Marital
Settlement Agreement.
Lillick & Charles advised Mr. Fruitman and Mr. Adams on June
7, 1999, that the proposed DRO was satisfactory, met the
requirements of a QDRO, and that the plan administrator would
make the distribution pursuant to the QDRO.
On July 19, 1999, petitioner, Mr. Adams, Ms. Seidel, and Mr.
Fruitman signed a Stipulation and Order with respect to the QDRO.
This Stipulation and Order, which was stamped “Endorsed Filed
Aug. 3, 1999” by the California Superior Court, requested that
the court issue an order as follows:
1. A completed Qualified Domestic Relations Order will be
prepared and submitted to the Plan for approval and the Plan
will advise counsel of their approval prior to the
signatures of the parties and their counsel and prior to
the submission to the court.
The parties presently have a partial community interest
($77,000.00) in Husband’s 401K and Husband has a partial
separate property interest in his 401K. The parties agree
that the sum of SEVENTY SEVEN THOUSAND DOLLARS AND ZERO
CENTS ($77,000.00) shall be withdrawn from the 401K plan in
Wife’s name, as an Alternate Payee, and paid over to
Wife’s attorney. The Plan’s administrators will
automatically withhold a portion of the Federal and State
tax obligation resulting from early withdrawal of the funds.
Wife’s attorney will pay out of the remaining fund balance
an amount sufficient to pay off the two (2) debts owed to
First Community Financial Services (in the approximate
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