Original jurisdiction in case of Robert C. Reed v. Grace M. Sloan, State Treasurer of the Commonwealth of Pennsylvania, and Alexander F. Barbieri, Court Administrator of Pennsylvania.
Gretchen Sohn Reed, with her Morgan H. Sohn and John J. Petrush, for plaintiff.
Melvin R. Shuster, Deputy Attorney General, with him Gerald Gornish, Deputy Attorney General, for defendant Sloan.
James D. Crawford, with him Susan L. Carroll, and, of counsel, Schnader, Harrison, Segal & Lewis, for defendant Barbieri.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer and Blatt. Judges Kramer and Rogers did not participate. Opinion by Judge Mencer.
[ 25 Pa. Commw. Page 571]
In the municipal election of November 6, 1973, there were three candidates for two seats on the Court
[ 25 Pa. Commw. Page 572]
of Common Pleas of the 36th Judicial District (Beaver County). The candidates were Robert C. Reed, Joseph S. Walko, and H. Beryl Klein. Following the election, recount petitions were timely filed by Robert C. Reed and Joseph S. Walko. Both candidates involved in the recount stipulated that candidate Klein should be commissioned and assume office since he had received an undisputed majority of votes.
At the completion of recount proceedings and following an appeal to the Supreme Court, Robert C. Reed was determined to be the winner over candidate Walko, and his commission of office was duly issued by the Governor on October 12, 1974 and recorded on October 21, 1974, the same day on which he took his oath of office and commenced the performance of his judicial duties.
After assuming office, Robert C. Reed made inquiry of the administrative office of the Pennsylvania courts concerning the payment of the 1974 salary pertaining to his office and for reclassification as an E-1 member of the State Retirement System, applicable to judges whose terms began prior to March 1, 1974, from the Class A member status assigned to him. Subsequent inquiries and demands were unavailing, and on July 3, 1975, Robert C. Reed (plaintiff) commenced in this Court an action in mandamus against the Honorable Grace M. Sloan, State Treasurer of the Commonwealth of Pennsylvania, and the Honorable Alexander F. Barbieri, Court Administrator of Pennsylvania. The mandamus action seeks payment to plaintiff of the salary for his judicial office for the period from January 7, 1974 to October 21, 1974 and computation of his pension rights and all other emoluments belonging to his office from January 7, 1974. The case is now before us on plaintiff's motion for summary judgment following the
[ 25 Pa. Commw. Page 573]
close of the pleadings and the filing of an agreed statement of the ...