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JUDITH A. MCCORKLE v. BELLEFONTE AREA BOARD SCHOOL DIRECTORS ET AL. (04/10/79)

decided: April 10, 1979.

JUDITH A. MCCORKLE, APPELLANT
v.
BELLEFONTE AREA BOARD OF SCHOOL DIRECTORS ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Centre County in case of Judith A. McCorkle v. Bellefonte Area School Board of School Directors; K. Frederick Mauger, Superintendent; Michael Damon, Acting Superintendent; Terry Lindquist; Julia C. Noll; Robert L. Kimble; Richard A. King; Joan S. Smith; Harrison W. Tressler, Jr.; Richard Ulrich; Ruth Weight and Karen Leathers, No. 1975-2672.

COUNSEL

Priscilla M. Walrath, with her William A. Hebe, and Spencer, Gleason & Hebe, for appellant.

John R. Miller, with him Miller, Kistler & Campbell, Inc., for appellee.

Judges Rogers, Blatt and DiSalle, sitting as a panel of three. Opinion by Judge DiSalle.

Author: Disalle

[ 41 Pa. Commw. Page 582]

Judith A. McCorkle (Appellant) asks that we reverse the order of the Court of Common Pleas of Centre County sustaining the preliminary objections of the Bellefonte Area Board of School Directors (School Board) to her complaint in mandamus seeking reinstatement. This we decline to do.

[ 41 Pa. Commw. Page 583]

On August 21, 1972, the Superintendent of the Bellefonte Area School District (School District) interviewed Appellant, a certified public school teacher, in an effort to fill a vacancy created by the eleventh-hour resignation of one of the School District's teachers. By letter dated August 29, 1972, the Superintendent advised Appellant as follows:

I wish to inform you that I am recommending you to the Bellefonte Area Board of Education for a secondary math teaching position for the 1972-73 school term. The Board will take action on this recommendation at their next meeting to be held September 19, 1972. . . . P.S. This is your authority to report for work.

Appellant reported to work and taught for four school days, until a teachers' strike interrupted her duties. On or about September 20, 1972, Appellant received the following letter from the Superintendent:

At the regular meeting of the Bellefonte Area Board of Education held September 19, 1972, no action was taken on the recommendation for your election as a math teacher in the Bellefonte Area School District. Because no action was taken your services are terminated, effective immediately. You will receive pay for four days, September 5-8.

Thank you for filling a vacancy during our initial days of school.

On December 15, 1975, Appellant filed an action in mandamus seeking reinstatement without loss of compensation and fringe benefits. The School Board filed preliminary objections in the nature of a demurrer which were ...


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