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McKinney v. Philadelphia Housing Authority

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 24, 2010

ANGELIQUE MCKINNEY, AS PARENT AND NATURAL GUARDIAN OF EBONY GAGE AND RONALD LEWIS GAGE, JR., AND IN HER OWN RIGHT, PLAINTIFFS,
v.
PHILADELPHIA HOUSING AUTHORITY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 24th day of August, 2010, following a hearing on August 5, 2010, and upon consideration of the briefs submitted by the parties, and for the reasons described in the Court's Memorandum dated August 24, 2010, it is hereby ORDERED that:

1. The $1,248,734.89 held in escrow for determination of the amount of repayment due the Commonwealth of Pennsylvania Department of Public Welfare for satisfaction of the lien claimed for Ebony Gage shall be paid out as follows:

a. $530,162.45 to the Commonwealth of Pennsylvania Department of Public Welfare.

b. The remainder to the Advisory Trust Company of Delaware, Trustee of the Ebony Gage Special Needs Trust.

2. The $6,876.52 held in escrow for determination of the amount of repayment due the Commonwealth of Pennsylvania Department of Public Welfare for satisfaction of any lien(s) claimed for Ronald Gage, Jr. shall be paid out as follows:

a. $2919.49 to the Commonwealth of Pennsylvania Department of Public Welfare.

b. The remainder to Bank of America, N.A., through its Merrill Lynch Trust Company Division, Trustee of the Ronald L. Gage, Jr. Settlement Preservation Trust.

3. The $12,000.00 held in escrow for determination of the amount of repayment due the Commonwealth of Pennsylvania Department of Public Welfare for satisfaction of any lien(s) asserted for Angelique McKinney shall be paid out as follows:

a. $4366.49 to the Commonwealth of Pennsylvania Department of Public Welfare.

b. The remainder to Plaintiff Angelique McKinney.

4. The Clerk of Court is directed to mark this case closed.

20100824

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