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SIMMONS v. DEPT. OF PUBLIC WELFARE

No. 2971 C.D. 1978.

50 Pa.Commw. 515 (1980)

Nellie Simmons, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

April 15, 1980.

Attorney(s) appearing for the Case

James M. Lafferty, for petitioner.

Carol A. Genduso, Assistant Attorney General, with her Linda M. Gunn, Assistant Attorney General, for respondent.

Argued February 7, 1980, before Judges CRUMLISH, JR., MENCER and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., April 15, 1980:

The Department of Public Welfare (DPW) denied Nellie Simmons' request for replacement of a missing $277.50 public assistance check. This is her appeal; we reverse.

Simmons is receiving monthly assistance of $555.00 for herself and her seven children. On September 5, 1978, she notified DPW that she had not received her August 28, 1978 check. DPW had in its possession a signed voucher reflecting receipt. A handwriting...

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