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ROCCO ALLEN BOYD v. COMMONWEALTH PENNSYLVANIA (02/06/86)

decided: February 6, 1986.

ROCCO ALLEN BOYD, II, A MINOR, BY HIS GUARDIAN SONDRA COTO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA CRIME VICTIM'S COMPENSATION BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Crime Victim's Compensation Board in the case of In Re: Claim of Sondra Lee Coto, parent, on behalf of Rocco Allen Boyd, a minor, Claim No. 80-0259-D.

COUNSEL

K. Lawrence Kemp, Kemp & Kemp, for petitioner.

Amy Zapp, Deputy Attorney General, with her, Allen C. Warshaw, Senior Deputy Attorney General, Chief of Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Judges Rogers, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge Palladino. Judge MacPhail concurs in the result only.

Author: Palladino

[ 95 Pa. Commw. Page 17]

Sondra Coto (Petitioner) has filed a petition for review from an order of the Pennsylvania Crime Victim's Compensation Board (Board) denying an award of compensation to her for the loss of future support as guardian of Rocco Allen Boyd, II, the son of a deceased victim of a crime. The compensation sought is that provided by the Commonwealth in Section 477 of The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, as amended, added by Section 2 of the Act of July 9, 1976, P.L. 574, as amended, 71 P.S. ยงยง 180-7 -- 180-7.17 (Act).

Petitioner is the natural mother and guardian of Rocco Allen Boyd II (child), the minor child of Rocco Allen Boyd (victim), who was the victim of a criminal homicide on June 17, 1980. Petitioner and the victim had never been married. Petitioner filed a claim with the Board on behalf of the child, requesting compensation for the loss of support resulting from the death of the child's father. The Board, following a hearing, made several findings of fact. Those pertinent to this appeal are:

1) Petitioner testified at the hearing before the Board that the victim provided approximately $700.00 per year in support of the child, in the form of purchasing pampers, milk, extra food, gifts, and on movies and outings.

2) As a direct result of the crime, Petitioner became eligible to receive Social Security payments in the amount of $226.00 per month on behalf

[ 95 Pa. Commw. Page 18]

    of the child, who was born on June 29, 1977. The annual reimbursements total $2,712.00.

3) The record papers indicate the annual reimbursements being received by Petitioner as a direct result of the crime exceed the amount of annual support provided by the victim in the amount of $2,012.00 ($2,712.00-$700.00).

Because the reimbursements from Social Security exceeded the amount of actual support, the Board concluded that Petitioner did not incur a loss of support, and ...


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