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DILACQUA v. CITY OF PHILA, BD. OF PENSIONS

No. 322 C.D. 2012

83 A.3d 302 (2014)

Rosemary DiLACQUA v. CITY OF PHILADELPHIA, BOARD OF PENSIONS AND RETIREMENT, Appellant.

Commonwealth Court of Pennsylvania.

Decided January 7, 2014.

Attorney(s) appearing for the Case

Elise M. Bruhl , Deputy City Solicitor, Philadelphia, for appellant.

Mark E. Gottlieb , Philadelphia, 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 Judge LEADBETTER.

Appellant, City of Philadelphia Board of Pensions and Retirement, appeals from the decision of the Court of Common Pleas of Philadelphia County reversing the Board's decision, to forfeit the pension of Appellee, Rosemary DiLacqua. DiLacqua pled guilty to one count of honest services mail fraud, 18 U.S.C. §§ 1341 and 1346, which the Board found to be substantially the same as the Pennsylvania crime of theft by deception, 18 Pa...

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