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PHYLLIS SHARP v. COMMONWEALTH PENNSYLVANIA (08/19/87)

decided: August 19, 1987.

PHYLLIS SHARP, EXECUTRIX OF THE ESTATE OF RICHARD G. SHARP, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA CRIME VICTIM'S COMPENSATION BOARD, RESPONDENT



Appeal from the Order of the Crime Victim's Compensation Board in case of In Re: Claim of Phyllis Sharp -- Victim: Richard Gary Sharp, Claim No. 83-0462-D, dated October 16, 1985.

COUNSEL

Michael H. Landis, with him, Ronald Jay Smolow, P.C., for petitioner.

Amy Zapp, Deputy Attorney General, with her, Andrew S. Gordon, Chief Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondent.

Judges Craig and Doyle, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt. Judge Doyle dissents.

Author: Blatt

[ 108 Pa. Commw. Page 523]

This is an appeal by Phyllis Sharp (claimant) from an order of the Crime Victim's Compensation Board (Board) which denied her request for compensation in connection with the death of her husband, Richard Gary Sharp (victim), who died when attacked in his place of business during an armed robbery.

The Board determined that the victim was forty years of age at the time of his death on June 17, 1983. It further determined that there was no relationship between the victim and the alleged offenders and that there was nothing to show that the victim had provoked the attack upon him, which attack occurred while the victim was at work in his drugstore. It is undisputed that the claimant fully cooperated with investigating authorities in the matter of her husband's death.

The Board also determined that, as a direct result of the crime, the claimant incurred the following out-of-pocket losses for medical care and treatment and funeral services for the victim:

INSURANCE CLAIMANT BALANCE

PROVIDER CHARGE PAID PAID DUE

(a) Lower Bucks

Hospital

6/17/83 $1,667.15 $1,667.15

(b) Riverside

Memorial

Chapels, Inc. 2,783.00 2,783.00

TOTAL $4,450.15 $4,450.15

Additionally, the Board found that the claimant incurred a loss of support computed as follows:

Earnings from Self-Employment $24,796.00

Less Income and Self-Employment

Taxes -3,973.00

Net Annual Earnings ...


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