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E. C. C. RET. VILLAGE v. D. OF PUB. WELFARE

No. 3091 C.D. 1983.

89 Pa.Commw. 268 (1985)

E. C. C. Retirement Village, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

May 14, 1985.

Attorney(s) appearing for the Case

George E. Christianson, with him, Philip B. Ebersole, Christianson-Meyer, for petitioner.

Bruce G. Baron, Assistant Counsel, for respondent.

Argued January 29, 1985, before Judges DOYLE and BARRY and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE BARRY, May 14, 1985:

Petitioner, E. C. C. Retirement Village, is appealing an order of the Department of Public Welfare (DPW) declaring thirty-four of its residents ineligible for medical assistance.

It is undisputed that all of the residents in question entered into identical contracts with petitioner prior to 1975. Basically, the residents agreed to transfer to petitioner all of their present and future property in exchange for complete...

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