BILEC v. AUBURN & ASSOC. PENSION TR.


403 Pa.Super. 176 (1991)

588 A.2d 538

Albert BILEC, Robert Brevko, Hugh Conlon, William A. Coulter, Ralph Drexler, Andrew J. Hertneky, Jr., Joseph Jacobson, Jr., Edward Kriscunas, Charles F. Lange, Albert J. Mack, George H. Miller, William A. Onderick, Howard Perry, Albert E. Reid, Donald W. Robinson, Edward P. Schneider, Robert J. Simcic, Elmer J. Wess and Audrey M. Brednick and Sylvia A. Sunanin, Personal Representatives, Appellants, v. AUBURN & ASSOCIATES, INC. PENSION TRUST, Robert Avondo, Wesley Deicas, Provident Mutual Life Insurance Co., and Fuhrer's, Inc., v. Anthony J. MOSSO.

Superior Court of Pennsylvania.

Filed March 22, 1991.

Petition for Allowance of Appeal Denied September 4, 1991.


Attorney(s) appearing for the Case

Joseph M. Maurizi, Pittsburgh, for appellants.

W. Walter Braham, Jr., Pittsburgh, for Provident Mut., appellee.

Before TAMILIA, KELLY and CERCONE, JJ.


KELLY, Judge:

In this case we are called upon to determine whether the trial court properly upheld the enforcement of a non-competition pension forfeiture clause which had been placed by the appellee-employer, Auburn & Associates, Inc., into a contract it entered into with the appellee-insurer, Provident Mutual Insurance Co., for the administration of its employee pension plan against the appellants who were all former employees. We find that, the appellee-employer...

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