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ARTHUR PALMIERI v. COMMONWEALTH PENNSYLVANIA (07/21/88)

decided: July 21, 1988.

ARTHUR PALMIERI, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of Arthur Palmieri, No. B-251244.

COUNSEL

Eileen D. Yacknin, Neighborhood Legal Services Association, for petitioner.

Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 118 Pa. Commw. Page 114]

Arthur Palmieri (Claimant) appeals an order of the Unemployment Compensation Board of Review (Board) denying him benefits pursuant to Section 402(b) of the Unemployment Compensation Law.*fn1

Claimant was employed as an electrician with Allegheny County Housing Authority from July of 1982 until he resigned on January 13, 1986. In 1983, Claimant began experiencing financial difficulties and obtained assistance with making his mortgage payments from Action Housing, Inc.*fn2 from September of 1983 through

[ 118 Pa. Commw. Page 115]

August of 1984. He then received a letter from Action Housing stating they could recommend where he could apply for further mortgage assistance. Claimant testified he did not follow up on this and fell behind once again in his mortgage payments.

At the time he resigned, Claimant was receiving dunning notices and telephone calls threatening foreclosure on his home due to his default on two mortgages. Further, he received letters threatening to schedule his home for tax sale if he did not pay his 1983 county taxes. He had also received notices threatening to terminate his gas and electric service for non-payment. Claimant testified that in January of 1986, he needed $2,300.00 to pay his bills and $1,500.00 to repay a loan from his sister.

In the beginning of January 1986, Claimant informed his supervisor that he was having financial problems and needed to obtain the money he had accumulated in his pension fund. The supervisor informed Claimant that these funds would not be disbursed to him unless he resigned. Claimant asked whether he could quit his job, obtain the money in his pension fund and then be rehired. After checking to see if this was possible, Claimant's supervisor informed him it was not. Claimant then resigned from his position with the Employer in order to obtain the $3,600.00 in his pension fund.

At the hearing before the referee, Claimant testified that when he accepted the position with the employer in 1982, he was under the mistaken impression that he would be making $17.00 an hour. After receiving his first paycheck, he discovered he was actually making $8.00 an hour. Claimant maintains his net pay was less than what he had been receiving prior to accepting the ...


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