Scalice v. Pennsylvania Employees Benefit Trust Fund

OPINION BY

TAMILIA, J.:

¶ 1 This is an appeal from the March 12, 2008 Order granting summary judgment and/or judgment on the pleadings in favor of the defendant/appellee, Pennsylvania Employees Benefit Trust Fund (PEBTF), dismissing plaintiff/appellant Robert John Scalice’s complaint for declaratory judgment, and awarding PEBTF $43,795.94, plus costs and interest, relative to its sub-rogation suit.

¶ 2 Appellant argues summary judgment was inappropriate because there existed questions of material fact with regard to (1) whether PEBTF was an Employee Retirement Income Security Act plan (ERISA);…