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Kamian Schwartzman, In His Capacity As Receiver For v. Janet L. Hutchison

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


September 27, 2011

KAMIAN SCHWARTZMAN, IN HIS CAPACITY AS RECEIVER FOR ROBERT STINSON, JR.; LIFE'S GOOD,INC.; LIFE'S GOOD S.T.A.B.L. MORTGAGE FUND, LLC; LIFE'S GOOD HIGH YIELD MORTGAGE FUND, LLC; LIFE'S GOOD CAPITAL GROWTH FUND, LLC; IA CAPITAL FUND, LLC; KEYSTONE STATE CAPITAL CORPORATION; FIRST COMMONWEALTH SERVICE COMPANY; SUSAN L. STINSON; CHRISTINE A. STINSON; MICHAEL G. STINSON; AND LAURA MARABLE, PLAINTIFF,
v.
JANET L. HUTCHISON, ALSO KNOWN AS LEELA HUTCHISON,
DEFENDANT.

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

ORDER

AND NOW, this 26th day of September, 2011, upon consideration of Plaintiff's Motion for Summary Judgment, Defendant's response thereto, and Plaintiff's reply thereon, and for the following reasons, it is hereby ORDERED that:

1. The motion (Document No. 15) is GRANTED with respect to Plaintiff's fraudulent transfer claim.

2. The motion is DENIED as moot with respect to Plaintiff's unjust enrichment and equitable accounting claims.

3. Judgment is entered in Plaintiff's favor against Defendant in the amount of $81,586.73, plus pre- and post-judgment interest at the applicable legal rate and court costs.

4. A constructive trust is hereby imposed on Defendant's assets in the amount of $81,586.73, and Defendant is enjoined from transferring or disposing of any assets pursuant to the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa. C.S. § 5107.

5. The Clerk of Court is directed to close this case.

BY THE COURT:

20110927

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