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TIMOTHY W. YOUNG AND MARK A. NALE v. TYRONE AREA SCHOOL DISTRICT (06/08/76)

decided: June 8, 1976.

TIMOTHY W. YOUNG AND MARK A. NALE
v.
TYRONE AREA SCHOOL DISTRICT, APPELLANT



Appeal from the Order of the Court of Common Pleas of Blair County in case of Timothy W. Young and Mark A. Nale v. Tyrone Area School District, No. 297 October Term, 1974.

COUNSEL

John D. Thrush, with him Thomas H. Lane, and Morgan, Lewis & Bockius, for appellant.

Randall C. Rodkey, with him Richard J. Russell, for appellees.

Judges Crumlish, Jr., Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr. Judge Kramer did not participate in the decision in this case.

Author: Crumlish

[ 25 Pa. Commw. Page 81]

Timothy W. Young and Mark A. Nale (Appellees) are professional employes of Tyrone Area School District (Appellant), who filed suit in assumpsit to recover sums withheld by Appellant from their salaries for two weeks spent in training with the United States Army Reserves.

We adopt the well reasoned but as yet unreported opinion of President Judge Haberstroh, who sustained Appellees' motion for summary judgment. That opinion states:

"History of The Case

"The matter immediately before the Court for consideration is the plaintiffs' motion for summary judgment on the pleadings which pleadings consist of a complaint in assumpsit together with an answer thereto.

"On December 16, 1974, the plaintiffs filed their complaint in this matter wherein they each seek to recover their full salary as a teacher for fifteen days from their employer, the Tyrone Area School District, said fifteen days having been spent by each of them,

[ 25 Pa. Commw. Page 82]

    during the school year, on active duty in the United States Army Reserves of which they are members.

"Under date of January 9, 1975, a responsive answer was filed by the School District wherein they aver that they have paid to Mr. Nale his teaching salary for fifteen days less the amount of money that he received as a member of the United States Army Reserves while on active duty for the fifteen day period in question. They aver that they are ready and willing to pay to Mr. Young on the same basis, although Mr. Young did not advise him of his earnings in the Reserves and for that reason they paid nothing to him on account of his salary.

"Thereafter under date of April 7, 1975, with the pleadings having been closed, the plaintiffs moved for the entry of a summary judgment on the pleadings filed. This motion was argued orally before the Court on July 11, 1975, at which time the brief of the defendant was filed. Under date of July 29, 1975, the written brief of the plaintiffs was presented to the Court and a reply brief of the defendant was filed under date of August 7, 1975.

"This brings us to the point of determining whether or not summary judgment on the pleadings should be entered in favor of the plaintiffs in this matter.

"Discussion

"The plaintiffs in this case seek to recover their full teaching salaries for the fifteen days that they spent in the United States Army Reserves, without giving credit for their earnings while on active duty for said period, under and by virtue of the authority of the Act of July 12, 1935 P.L. 677 No. 255 Section 1 as last supplemented and amended by the Act ...


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