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DELORES MORTIMER v. COMMONWEALTH PENNSYLVANIA (12/07/83)

decided: December 7, 1983.

DELORES MORTIMER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of Appeal of: Delores Mortimer, Case No. 69, 387-C.

COUNSEL

Richard Moczynski, for petitioner.

Jean E. Graybill, Assistant Counsel, for respondent.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 79 Pa. Commw. Page 25]

Delores Mortimer petitions for review of a Department of Public Welfare (DPW) order that denied AFDC (Assistance for Dependent Children) benefits for herself and her minor child. We affirm.

Mortimer conveyed to her son, Robert, and daughter, Bonnie, for $1.00 consideration her residential real property. Shortly thereafter, she applied at the Westmoreland County Assistance Office (CAO) for AFDC for herself and her two other children. The CAO denied this application under Pa. Code § 177.23(b) on the basis that she did not receive fair consideration for her transferred property.*fn1 Mortimer then reapplied

[ 79 Pa. Commw. Page 26]

    for AFDC, presenting cancelled checks from her son, Robert, purporting to show that she received fair consideration for the property in the form of support. She requested a hearing after her application was initially denied. By amended order, Mortimer was denied benefits with respect to herself and her minor son but was awarded benefits with respect to her 22-year-old son.*fn2 This appeal followed.

Our scope of review of final orders of the DPW is limited to a "determination of whether the adjudication was in accordance with the law, any constitutional rights were violated, and the findings of fact were supported by substantial evidence." Spicer v. Department of Public Welfare, 58 Pa. Commonwealth Ct. 558, 560, 428 A.2d 1008, 1009 (1981). 55 Pa. Code § 177.23(b)(1)(i) provides, in part:

(i) Determining fair consideration. In determining fair consideration, the following guidelines will be followed:

(A) In determining whether a person received fair consideration for his property, the monetary and other benefits which he received for his property will be measured against ...


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