B-175186, APR 5, 1972

B-175186: Apr 5, 1972

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THE CLAIM WAS FORWARDED HERE BY LETTER OF FEBRUARY 8. FORWARDED WITH YOUR LETTER ARE THREE NOTARIZED STATEMENTS WHICH ATTEST TO THE NATURE AND DURATION OF THE COMMON-LAW RELATIONSHIP BETWEEN THE CLAIMANT AND WILLIAM T. ALSO ENCLOSED ARE: A COPY OF A BIRTH REGISTRATION NOTICE FROM THE COMMONWEALTH OF PENNSYLVANIA SHOWING THE BIRTH OF A DAUGHTER. IS INDICATED THAT THEY HAD RESIDED IN THE PHILADELPHIA AREA AS HUSBAND AND WIFE FOR APPROXIMATELY 22 YEARS. SINCE PENNSYLVANIA WAS THE PLACE OF DOMICILE AT THE TIME OF DECEDENT'S DEATH. PAYMENT OF THE AMOUNT DUE IS AUTHORIZED TO ETTA SMITH JOHNSON AS WIDOW OF WILLIAM T. THE VOUCHER AND OTHER PAPERS FORWARDED WITH YOUR LETTER ARE RETURNED.

B-175186, APR 5, 1972

CIVILIAN EMPLOYEE - UNPAID COMPENSATION - ENTITLEMENT OF COMMON-LAW WIDOW DECISION ALLOWING THE CLAIM OF ETTA SMITH JOHNSON FOR UNPAID COMPENSATION DUE WILLIAM T. JOHNSON, A DECEASED EMPLOYEE OF THE DEFENSE SUPPLY AGENCY, DEFENSE PERSONNEL SUPPORT CENTER, PHILADELPHIA, PA. ON THE BASIS OF THE FACTS AND DOCUMENTS PRESENTED IT APPEARS THAT CLAIMANT AND DECEDENT HAD FORMED A VALID MARRIAGE UNDER THE COMMON LAW OF PENNSYLVANIA. DEMEDIO V DEMEDIO, 257 A. 2D 290, 303 (1969). ACCORDINGLY, THE CLAIM MAY BE ALLOWED.

TO MR. NORMAN MOGUL:

WE REFER TO YOUR LETTER OF SEPTEMBER 14, 1971, REFERENCE DPSC-ZAPP, WITH ENCLOSURES, TRANSMITTING THE CLAIM OF MRS. ETTA SMITH JOHNSON (AS COMMON- LAW WIDOW) FOR UNPAID COMPENSATION DUE MR. WILLIAM T. JOHNSON, A DECEASED CIVILIAN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY, DEFENSE PERSONNEL SUPPORT CENTER, PHILADELPHIA, PENNSYLVANIA. THE CLAIM WAS FORWARDED HERE BY LETTER OF FEBRUARY 8, 1972, FROM THE HEADQUARTERS OFFICE OF YOUR AGENCY.

FORWARDED WITH YOUR LETTER ARE THREE NOTARIZED STATEMENTS WHICH ATTEST TO THE NATURE AND DURATION OF THE COMMON-LAW RELATIONSHIP BETWEEN THE CLAIMANT AND WILLIAM T. JOHNSON. ALSO ENCLOSED ARE: A COPY OF A BIRTH REGISTRATION NOTICE FROM THE COMMONWEALTH OF PENNSYLVANIA SHOWING THE BIRTH OF A DAUGHTER, DEBBIE JOHNSON, ON JULY 7, 1962; A COPY OF A TAX STATEMENT NOTICE FROM THE INTERNAL REVENUE SERVICE; A COPY OF A DEED TO A RESIDENCE IN PHILADELPHIA; AND A COPY OF MR. JOHNSON'S ORIGINAL APPOINTMENT AFFIDAVIT WITH THE DEFENSE SUPPLY AGENCY. ALL OF THE FOREGOING REFER TO THE CLAIMANT AS ETTA JOHNSON OR ETTA SMITH JOHNSON AND INDICATE THE RECOGNITION OF DECEDENT AND CLAIMANT AS HUSBAND AND WIFE. IS INDICATED THAT THEY HAD RESIDED IN THE PHILADELPHIA AREA AS HUSBAND AND WIFE FOR APPROXIMATELY 22 YEARS.

ON THE BASIS OF THE FACTS AND THE DOCUMENTS PRESENTED, IT APPEARS THAT WILLIAM T. JOHNSON AND ETTA SMITH JOHNSON HAD FORMED A VALID MARRIAGE UNDER THE COMMON LAW OF PENNSYLVANIA. SEE DEMEDIO V DEMEDIO, 257 A. 2D 290, 303 (1969); CAVISTON V LANG, 31 A. 2D 566 (1943). ACCORDINGLY, SINCE PENNSYLVANIA WAS THE PLACE OF DOMICILE AT THE TIME OF DECEDENT'S DEATH, AND IN VIEW OF THE RECOGNITION OF COMMON-LAW MARRIAGES IN THAT STATE, PAYMENT OF THE AMOUNT DUE IS AUTHORIZED TO ETTA SMITH JOHNSON AS WIDOW OF WILLIAM T. JOHNSON, DECEASED.

THE VOUCHER AND OTHER PAPERS FORWARDED WITH YOUR LETTER ARE RETURNED.