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UNITED STATES STEEL AND CARNEGIE PENSION FUND v. BETTY DECATUR AND DARRYL DECATUR (05/26/87)

filed: May 26, 1987.

UNITED STATES STEEL AND CARNEGIE PENSION FUND, A CORPORATION
v.
BETTY DECATUR AND DARRYL DECATUR, INDIVIDUALS, APPELLANTS



Appeal from the Judgment entered in the Court of Common Pleas, Civil Division, of Allegheny County at No. GD 85-5784.

COUNSEL

Robert G. Delgreco, Jr., Pittsburgh, for appellant.

James T. Carney, Pittsburgh, for appellee.

Cirillo, President Judge, and Rowley and Popovich, JJ.

Author: Rowley

[ 364 Pa. Super. Page 295]

OPINION OF THE COURT

This is a direct appeal from a partial judgment on the pleadings entered in favor of United States Steel and Carnegie

[ 364 Pa. Super. Page 296]

Pension Fund [plaintiff].*fn1 After having considered the matter under the applicable standard of review, see Jones v. Travelers Insurance Co., 356 Pa. Super. 213, 514 A.2d 576 (1986), we affirm.

In 1940, Joseph Rikvalsky retired from his employment with United States Steel Corporation and qualified for a pension payable by plaintiff. In 1967, Mr. Rikvalsky died. The defendants, who are Mr. Rikvalsky's daughter and grandson, continued to accept the decedent's pension checks, signing his name thereto, then endorsing them and cashing or depositing them to their own use. Defendants continued this practice until 1983.

Plaintiff filed a civil action in two counts. In the first count, an action "for monies had and received," the foregoing facts are alleged. To these allegations, however, the defendants declined to answer invoking their Fifth Amendment right against self-incrimination. In New Matter, the defendants raised the statute of limitations as a bar to recovery of any amounts prior to 1979. See 42 Pa.C.S. ยง 5525(4). Plaintiff filed an answer to defendant's New Matter.*fn2

On appeal the defendants raise two issues, both of which have been discussed and decided by the trial court. The trial court, relying on City of ...


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