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WALTER G. REED v. SUE ELLEN SAXTON (06/09/83)

decided: June 9, 1983.

WALTER G. REED, JR. ET AL., APPELLANTS
v.
SUE ELLEN SAXTON, PROTHONOTARY OF MIFFLIN COUNTY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Mifflin County in case of Sue Ellen Saxton, Prothonotary of Mifflin County v. Walter G. Reed, Jr., David R. Harrop, Herbert K. Yingling and Gerald R. Hepler, No. 468 of 1981.

COUNSEL

Randall E. Zimmerman, Barron & Zimmerman, for appellants.

David W. Molek, Molek and Williams, for appellee.

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

Author: Craig

[ 74 Pa. Commw. Page 648]

The treasurer and commissioners of Mifflin County appeal from an order of the Court of Common Pleas for that county, directing them to meet, together with the county's prothonotary, in their joint capacity as a salary board, and determine a reasonable compensation for Penny K. McCartney, an employee in the Prothonotary's Office.

Sue Ellen Saxton, Prothonotary and Clerk of Courts, filed a complaint in mandamus against the treasurer and the commissioners on March 24, 1981. The complaint sought relief in the form of an order

[ 74 Pa. Commw. Page 649]

    requiring the salary board to recognize McCartney as a county employee and set a reasonable salary for her.

The court, sitting without a jury, held a trial on November 5, 1981. Immediately after the hearing, the court ordered the parties to meet as a salary board and attempt to resolve their dispute.

The parties did conduct such a meeting, but were unable to reach a mutually satisfactory result. None of the parties filed exceptions to the court's November 5 order, which the judge had issued from the bench.

On December 30, 1981, the trial court issued a second order, which directed that the board meet and fix a salary for McCartney which would be, at minimum, equal to the prevailing county salary for her position on her starting date, February 25, 1981.

The parties did not hold the required meeting, and again no one filed exceptions to the court's order. However, on January 26, 1982, the treasurer and the ...


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