Irv C. Jaffe - Page 15




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          September 13, 1994, i.e., $4,045.69, is includable in the gross             
          income of Ms. Jaffe for 1994.                                               
               However, until the date of the divorce, the Vanguard                   
          Account was owned by Mr. Jaffe and Ms. Jaffe as tenants by the              
          entirety, as noted earlier, until September 13, 1994.6  Moreover,           
          until the date of divorce, the Vanguard Account was marital                 
          property subject to equitable distribution by the Court of Common           
          Pleas.7                                                                     

          6                                                                           
               There is no evidence in the record to indicate that either             
          Mr. Jaffe or Ms. Jaffe held greater than an undivided one-half              
          interest in the Vanguard Account due to a disproportionate                  
          contribution of assets.                                                     
          7                                                                           
               There is apparently no dispute that the Vanguard account was           
          "marital property" under Pennsylvania law, which is defined as:             
               all property acquired by either party during the marriage,             
               including the increase in value, prior to the date of final            
               separation, of any nonmarital property acquired pursuant to            
               paragraphs (1) and (3), except:                                        
                    (1) Property acquired prior to marriage or property               
                    acquired in exchange for property acquired prior to the           
                    marriage.                                                         
                    (2) Property excluded by valid agreement of the parties           
                    entered into before, during or after the marriage.                
                    (3) Property acquired by gift, except between spouses,            
                    bequest, devise or descent.                                       
                    (4) Property acquired after final separation until the            
                    date of divorce, except for property acquired in                  
                    exchange for marital assets. * * *                                
          23 Pa. Cons. Stat. Ann. sec. 3501(a) (West 1991).  Further, "All            
          real or personal property acquired by either party during the               
                                                             (continued...)           




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