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COMMONWEALTH PENNSYLVANIA v. CHARLOTTE M. YOUNG (03/03/76)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 3, 1976.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE
v.
CHARLOTTE M. YOUNG, APPELLANT

Appeal from the Order of the Department of Public Welfare in case of Appeal of: Charlotte M. Young, dated May 7, 1975.

COUNSEL

James Breslauer, with him Alan Linder, and, of counsel, Richard Low, for appellant.

Harold Dunbar, Assistant Attorney General, with him Paul J. Carey, Jr., Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Kramer, Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 23 Pa. Commw. Page 524]

Charlotte M. Young (appellant) applied for public assistance from the Department of Public Welfare (DPW) on December 13, 1974. At that time she informed DPW that her husband, from whom she was separated, was in arrears on a support order entered in the Court of Common Pleas of Lancaster County. Appellant was asked to sign a form known as "PA 173-C," which is an agreement to repay DPW in the event support payments are again forthcoming. It is the effect of this agreement on $700 subsequently paid into court by appellant's husband on February 7, 1975 which is at issue in this case.

On February 11, 1975, DPW took the PA 173-C form to the domestic relations office which accordingly paid the $700 to DPW. Appellant alleges that she is entitled to that portion of the $700 which is attributable to support payments due to her before she applied for assistance and executed the agreement. We disagree.

The hearing examiner concluded: "The 173-C requires monies from delayed support, prior to receiving assistance, are reimbursable to the Commonwealth. The language contained in the 173-C form signed by appellant speaks of assistance which has been 'granted,' not received." (Emphasis in original.) Under Section 44 of the Administrative Agency Law, Act of June 4, 1945, P.L. 1388, as amended, 71 P.S. ยง 1710.44, our scope of review is limited to determining whether the adjudication by DPW was in accordance with law, whether all necessary facts are supported by substantial evidence, and whether appellant's constitutional rights have been preserved.

[ 23 Pa. Commw. Page 525]

    due and payable on a support order because such arrearages continue due and payable during the period public assistance is received.

Accordingly, we enter our

Order

Now, this 3rd day of March, 1976, the order of the Department of Public Welfare in the appeal of Charlotte M. Young is affirmed.

Disposition

Affirmed.

19760303

© 1998 VersusLaw Inc.



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