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COM. v. MATTHEWS

806 A.2d 971 (2002)

COMMONWEALTH of Pennsylvania, PUBLIC SCHOOL EMPLOYES' RETIREMENT BOARD, Plaintiff, v. Carolyn MATTHEWS and Tussey Mountain School District, Defendants.

Commonwealth Court of Pennsylvania.

Decided September 12, 2002.

Attorney(s) appearing for the Case

Leann T. Engler, Harrisburg, for plaintiff.

No appearance entered on behalf of defendant.

BEFORE: DOYLE, Senior Judge, SMITH-RIBNER, Judge, and MIRARCHI, JR., Senior Judge.

OPINION BY Senior Judge DOYLE.

This litigation, in our original jurisdiction, is a declaratory judgment action filed by the Public School Employes' Retirement Board (Board),2 and the issue before us is on a motion for judgment on the pleadings filed by the Board.

The relevant facts asserted by the Board are as follows. Carolyn Matthews became a member of the Public School Employes' Retirement System (PSERS) by virtue of her employment...

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