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CITY OF ALTOONA v. DALE-DAMBECK

No. 286 C.D. 2013

83 A.3d 279 (2014)

CITY OF ALTOONA PAID FIREMEN'S PENSION FUND ASSOCIATION v. Kimberly Ann DALE-DAMBECK, Appellant.

Commonwealth Court of Pennsylvania.

Decided January 3, 2014.

Attorney(s) appearing for the Case

Wade A. Kagarise , Hollidaysburg, for appellant.

Alan R. Krier , Altoona, for appellee.

BEFORE: PELLEGRINI, President Judge, and McGINLEY, Judge, and LEADBETTER, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY President Judge PELLEGRINI.

Kimberly Ann Dale-Dambeck (Surviving Spouse) appeals from an order of the Court of Common Pleas of Blair County (trial court) finding her ineligible for surviving spouse pension benefits from the City of Altoona (City) Paid Firemen's Pension Fund Association (Association). The sole issue in this case is whether William Dambeck (Dambeck), Surviving Spouse's husband, died while "on pension" within the meaning of Section 4320 of...

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