-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, P9+gajGEp76AbeniEu1HigFws6AT4xSgI1ikQOpEF7GlwpQjRtI4iiMLoUKZ9U8o JAXsEf7X1pw6SQNDSDBj5w== 0001005477-98-001046.txt : 19980401 0001005477-98-001046.hdr.sgml : 19980401 ACCESSION NUMBER: 0001005477-98-001046 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19980331 SROS: NASD SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: HATHAWAY CORP CENTRAL INDEX KEY: 0000046129 STANDARD INDUSTRIAL CLASSIFICATION: INSTRUMENTS FOR MEAS & TESTING OF ELECTRICITY & ELEC SIGNALS [3825] IRS NUMBER: 840518115 STATE OF INCORPORATION: CO FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: SEC FILE NUMBER: 005-06226 FILM NUMBER: 98582744 BUSINESS ADDRESS: STREET 1: 8228 PARK MEADOWS DR CITY: LITTLETON STATE: CO ZIP: 80124-2746 BUSINESS PHONE: 3034261600 FORMER COMPANY: FORMER CONFORMED NAME: HATHAWAY INSTRUMENTS INC DATE OF NAME CHANGE: 19820916 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: ALBERT IRA CENTRAL INDEX KEY: 0000923716 STANDARD INDUSTRIAL CLASSIFICATION: [] FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 1304 SW 160TH AVE STREET 2: STE 209 CITY: FT LAUDERDALE STATE: FL ZIP: 33326 BUSINESS PHONE: 9543844801 MAIL ADDRESS: STREET 1: 1304 SW 160TH AVE STREET 2: STE 204 CITY: FT LAUDERDALE STATE: FL ZIP: 33326 SC 13D/A 1 AMENDMENT NUMBER 4 TO SCHEDULE 13D UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ----------------- SCHEDULE 13D (Rule 13d-101) UNDER THE SECURITIES EXCHANGE ACT OF 1934 (AMENDMENT NO. 4)* HATHAWAY CORPORATION - -------------------------------------------------------------------------------- (Name of Issuer) Common Stock, no par value - -------------------------------------------------------------------------------- (Title of Class of Securities) 419011101 - -------------------------------------------------------------------------------- (CUSIP Number) Noah Klarish & Associates, 230 Park Avenue, 32nd Fl. New York, NY 10169 (212) 973-1111 - -------------------------------------------------------------------------------- (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) March 26, 1998 - -------------------------------------------------------------------------------- (Date of Event which Requires Filing of This Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(b)(3) or (4), check the following box |_|. Check the following box if a fee is being paid with the statement |_|. (A fee is not required only if the reporting person: (1) has a previous statement on file reporting beneficial ownership of more than five percent of the class of securities described in Item 1; and (2) has filed no amendment subsequent thereto reporting beneficial ownership of five percent or less of such class.) (See Rule 13d-7.) Note: Six copies of this statement, including all exhibits, should be filed with the Commission. See Rule 13d-1(a) for other parties to whom copies are to be sent. * The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page. The information required on the remainder of this cover page shall not be deemed to be filed for the purpose of Section 18 of the Securities Exchange Act of 1934 (Act) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). SCHEDULE 13D CUSIP No. 419011101 Page 2 of 6 Pages - -------------------------------------------------------------------------------- 1 Name of Reporting Person S.S. or I.R.S. Identification No. of Above Person Ira Albert - -------------------------------------------------------------------------------- 2 Check the Appropriate Box If a Member of a Group* a. |_| b. |X| - -------------------------------------------------------------------------------- 3 SEC Use Only - -------------------------------------------------------------------------------- 4 Source of Funds* PF - -------------------------------------------------------------------------------- 5 Check Box If Disclosure of Legal Proceedings Is Required Pursuant to Item 2(d) or 2(e) |_| - -------------------------------------------------------------------------------- 6 Citizenship or Place of Organization United States - -------------------------------------------------------------------------------- 7 Sole Voting Power Number of Shares 241,800 (includes 219,300 shares held by Albert Beneficially Investment Associates, L.P.) Owned By -------------------------------------------------------- Each 8 Shared Voting Power Reporting Person 0 With -------------------------------------------------------- 9 Sole Dispositive Power 457,500 shares including 219,300 shares held by Albert Investment Associates, L.P. and 215,700 shares held by various accounts over which Mr. Albert has discretionary authority. -------------------------------------------------------- 10 Shared Dispositive Power 215,700 shares held by various accounts over which Mr. Albert has discretionary authority. - -------------------------------------------------------------------------------- 11 Aggregate Amount Beneficially Owned by Each Reporting Person 457,500 - -------------------------------------------------------------------------------- 12 Check Box If the Aggregate Amount in Row (11) Excludes Certain Shares* |_| - -------------------------------------------------------------------------------- 13 Percent of Class Represented By Amount in Row (11) 10.7% - -------------------------------------------------------------------------------- 14 Type of Reporting Person* IN - -------------------------------------------------------------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! Item 1. Security and Issuer. This statement relates to the Common Stock, no par value per share (the "Common Stock"), of Hathaway Corporation, a Colorado corporation (the "Issuer"). The Issuer maintains its principal executive office at 8228 Park Meadows Drive, Littleton, Colorado 80124. Item 2. Identity and Background. (a) This statement is filed by (i) Ira Albert, an individual, with respect to shares of the Issuer's Common Stock held by him and with respect to shares of the Issuer's Common Stock held in investment accounts over which Mr. Albert has discretionary authority, and (ii) Albert Investment Associates, L.P., a Delaware limited partnership (the "Albert Partnership") with respect to shares of the Issuer's Common Stock held by it. Ira Albert and the Albert Partnership shall sometimes be collectively referred to herein as the "Reporting Person." (b) The Reporting Person filed an initial Schedule 13D for an event of June 20, 1996 (the "Initial Schedule"), filed Amendment No. 1 to Schedule 13D for an event of November 11, 1996, filed Amendment No. 2 to Schedule 13D for an event of January 15, 1997 and filed Amendment No. 3 to Schedule 13D for an event of June 18, 1997 (collectively the "Amendments"). Except to the extent set forth in this Amendment, the information in the Initial Schedule and the Amendments remains unchanged. Item 3. Source and Amount of Funds or Other Consideration. Ira Albert directly owns 22,500 shares of the Issuer's Common Stock for which he paid $61,488.70 Mr. Albert obtained the funds from his personal funds. Mr. Albert has discretionary authority over accounts which own 215,700 shares of the Issuer's Common Stock for which such accounts paid a total of $588,193.51 from the personal funds of the beneficial owners of such accounts. The Albert Partnership directly owns 219,300 shares of the Issuer's Common Stock for which it paid $642,086.10 from its working capital. Item 5. Interest in Securities of the Issuer. (a) The number of shares of the Issuer's Common Stock and the percentage of the outstanding shares (based upon 4,283,000 shares outstanding as reported in the Issuer's Quarterly Report on Form 10-Q for the quarter ended December 31, 1997) directly beneficially owned by each Reporting Person is as follows: Percentage of Name Number of Shares Outstanding Shares - ---- ---------------- ------------------ Ira Albert 22,500 .5% Albert Partnership 219,300 5.1% Albert discretionary accounts 215,700 5.0% (b) Mr. Albert has sole power to vote 241,800 shares of the Issuer's Common Stock and has sole power to dispose or to direct the disposition of 457,500 shares of the Issuer's Common Stock. (c) See Appendix I annexed hereto. 2 Signatures After reasonable inquiry and to the best of our knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct. Dated: March 30, 1998 /s/ Ira Albert -------------------------- Ira Albert ALBERT INVESTMENT ASSOCIATES, L.P. By: ALBERT INVESTMENT STRATEGIES, INC. By: /s/ Ira Albert -------------------------- Ira Albert, President 3 APPENDIX 1 TRANSACTIONS IN HATHAWAY CORPORATION COMMON STOCK WITHIN THE PAST 60 DAYS All transactions were open market purchases and the commissions are included in the price of the shares. 1. Discretionary Accounts/Limited Power of Attorney No. of Trade Shares Price Per Cost of Date Purchased Share Purchases ---- --------- ----- --------- 2/13/98 8,000 $2.59 $20,687.51 3/26/98 10,000 2.55 25,500.00 3/27/98 20,500 2.88 58,937.50 ------ ----------- 38,500 $105,125.01 4 -----END PRIVACY-ENHANCED MESSAGE-----