Free Declaration - District Court of Delaware - Delaware

Case 1:06-cv-00005-JJF Document 73 Filed 10/O1/2007 Paget of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JEFFREY M. NORMAN, :
Plaintiff]
v. C.A. No. 06-005-JJF
DAVID W. ELKIN, RICHARD M. SHORIN
and THE ELKIN GROUP, INC. : Jury Trial Demanded
Defendants,
and
US MOBILCOMM, INC.,
Nominal Defendant.
DECLARATION OF DAVID A. FELICE, ESQUIRE
I, David A. Felice, hereby state in accordance with the provisions of Title 28, section
1746 of the United States Code as follows:
1. I am over eighteen (18) years of age and competent to testify regarding the facts
stated herein.
2. I am an associate with the law firm Cozen O’Cormor and I have personally
participated in the preparation and litigation of the stockholder dispute between Jeffrey M.
Norman and David W. Elkin since 2004. _
3. Nonnan and Elkin agreed to fund US Mobilcomm, Inc. ("USM") with a total
contribution of $1 Million. Further, Elkin and Norman agreed that Elkin would invest $750,000
in USM and that Norman would invest $250,000. (Ans. 1] 127; Elkin’s Admission to Request for
Admission No. 1 1).
4. Attached as Exhibit A hereto is Nor1nan’s confirmation of wire transfer
instructions to transfer $196,000 into USM’s account. The wire transfer instructions indicate

Case 1:06-cv-00005-JJF Document 73 Filed 10/O1/2007 Page 2 of 2
that Norman previously paid $4,000 on behalf of USM to a Federal Communications
Commission license holder, Jean Warren. Moreover, the wire transfer instructions indicate that
Norman already paid an estimated $50,000 in USM’s expenses by that point in time.
5. Attached as Exhibit B is the Declaration of William A. Dylewsky. Mr. Dylewsky
is a Certified Public Account who, in 1997, was asked by Norman to quantify his payment of
expenses on behalf of USM. Mr. Dylewsky’s analysis identified that Norman paid expenses on
behalf of USM in the amount of $104,260 from 1993 through July 1996.
6. Attached as Exhibit C is an Action by Written Consent of the Board of Directors
for USM dated December 27, 2004. Through this Written Consent, Elkin, as the sole director of
USM, issued Norman 125 USM shares, or a 25% interest in the Company (as Elkin already
possessed 100 USM shares prior to this date).
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge and belief.
Executed this E day of October, 2007.
David Ag. Felice (#4090)
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