Richard David Czepiel - Page 7




                                        - 7 -                                         

          IRA withdrawal form with respect to his requested withdrawal of             
          $22,300 from IRA 1 was "Premature distribution (distribution                
          before age 59� and not disabled or taking substantially equal               
          instalments over life expectancy)".  On May 5, 1995, BayBank                
          complied with Mr. Czepiel's request, withdrew $22,300 from IRA 1,           
          and mailed him a check for that amount.  On the same day, Mr.               
          Czepiel gave Ms. Czepiel's attorney $22,300.  Mr. Czepiel at-               
          tempted to withdraw $8,000 from IRA 2 in order to pay the tax due           
          on the premature withdrawal from IRA 1 and to pay the excess, if            
          any, to Ms. Czepiel.  However, petitioner did not succeed in                
          withdrawing those funds from IRA 2 because they were lost elec-             
          tronically, which resulted in delays in Family Court proceedings.           
               On May 10, 1995, Mr. Czepiel filed a motion with the Family            
          Court for reconsideration of division of assets.  In that motion,           
          Mr. Czepiel asked that "the $29000.00 further division of assets            
          be broken down as $12,500 cash and $16,500 as a transfer of                 
          IRA's".  On June 14, 1995, the Family Court denied Mr. Czepiel's            
          motion.                                                                     
               Also on May 10, 1995, Mr. Czepiel filed a motion with the              
          Family Court for reconsideration and elimination of the $1,300 in           
          sanctions that that court had imposed on him.  The Family Court             
          denied that motion.                                                         
               As of May 11, 1995, Mr. Czepiel still had not paid Ms.                 
          Czepiel $8,000 of the $30,300 increased amount awarded to Ms.               





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