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SCUTELLA v. COUNTY OF ERIE

938 A.2d 521 (2007)

Kathleen G. SCUTELLA v. COUNTY OF ERIE and Erie County Employees Retirement Board Appeal of: County of Erie Kathleen G. Scutella, Individually and as Executrix of the Estate of Frank J. Scutella, deceased, Appellant v. County of Erie and Erie County Employees Retirement Board Kathleen G. Scutella, Individually and as Executrix of the Estate of Frank J. Scutella, deceased v. County of Erie and Erie County Employees Retirement Board Appeal of: Erie County Employees Retirement Board.

Commonwealth Court of Pennsylvania.

Decided December 5, 2007.

Attorney(s) appearing for the Case

John B. Enders, Erie, for designated appellant, Kathleen G. Scutella.

Matthew J. McLaughlin, Erie, for appellee, County of Erie.

Thomas S. Talarico, Erie, for appellee, Erie County Employees Retirement Board.

BEFORE: PELLEGRINI, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Before the Court are consolidated appeals from orders entered October 27, 2006, and January 10, 2007, by the Court of Common Pleas of Erie County (trial court) in a dispute over the amount of a retirement death benefit owed by the Erie County Employees' Retirement System to Kathleen J. Scutella (Scutella), the surviving spouse of Frank J. Scutella (Decedent). The October 27, 2006, order granted summary judgment in favor of Scutella and held...

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