Patricia A. ROGERS, Gregory M. Rogers, Jr. and Marvin A. Rogers Individually and on behalf of all similarly situated persons, Appellants,
v.
BUCKS COUNTY DOMESTIC RELATIONS SECTION and Albert J. Fonash, Director of the Bucks County Domestic Relations Section and JoAnne DeFeo, IRS Offset Coordinator and County of Bucks and Andrew Warren, Mark Schweiker and Lucille Trench, Commissioners of the County of Bucks and Continental Bank, All individually and on behalf of all similarly situated persons and entities and Commonwealth of Pennsylvania Department of Public Welfare and John F. White, Jr., Secretary of the Department of Public Welfare Commonwealth of Pennsylvania, Department of Public Welfare, Bureau of Child Support Enforcement and John F. Stuff, Director of the Bureau of Child Support Enforcement.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued February 13, 1992.
Decided March 30, 1992.
Attorney(s) appearing for the Case
Michael H. Landis (argued), Ronald J. Smolow, Smolow & Landis, Trevose, Pa., for appellants.
A. Taylor Williams (argued), David M. Donaldson, Administrative Office of Pennsylvania Courts, Philadelphia, Pa., for appellees Bucks County Domestic Relations Section, Albert Fonash and JoAnne DeFeo.
Peter A. Glascott, County Sol., Michael A. Klimpl, Asst. County Sol. (argued), Bucks County Solicitor's Office, Doylestown, Pa., for appellees County of Bucks, Andrew L. Warren, Mark Schweiker and Lucille Trench.
Ernest D. Preate, Jr., Atty. Gen., Calvin R. Koons, Sr. Deputy Atty. Gen. (argued), John G. Knorr, III, Chief Deputy Atty. Gen., Com. of Pa., Harrisburg, Pa., for appellees Com. of Pa., Dept. of Public Welfare, John F. White, Jr., and John F. Stuff.
Amy E. Hirsch, Community Legal Services, Inc., Philadelphia, Pa., for amici curiae Philadelphia Citizens in Action, Maternity Care Coalition of Greater Philadelphia, and Philadelphia Unemployment Project.
Linda Wharton, Women's Law Project, Philadelphia, Pa., for amici curiae Women in Transition and Pennsylvania Nat. Organization for Women.
Before: GREENBERG, COWEN, and SEITZ, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
COWEN, Circuit Judge.
Patricia Rogers and her two children (collectively "the Rogers" or "plaintiffs"), the appellants in this matter, are participants in the Tax Refund Intercept Program (TRIP), a federal program to intercept tax refunds from delinquent parents to satisfy their past-due child support obligations. The state and county agencies which implement TRIP in Pennsylvania intercepted $6,950.94, and held the funds for four months...
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