Appeal from the Order of the Court of Common Pleas of Washington County in the case of Patricia A. Beharry, Controller of Washington County, Pennsylvania v. Frank R. Mascara, Metro Petrosky, Jr., Edward M. Paluso, County Commissioners and Members of the Salary Board of Washington County, Pennsylvania, No. 116 April Term, 1984.
Frank C. Carroll, Frank C. Carroll, P.C., for appellant.
Melvin B. Bassi, Bassi & Rega, P.C., for appellees.
President Judge Crumlish, Jr. and Judges Rogers, Craig, MacPhail, Doyle, Colins and Palladino. Opinion by Judge MacPhail.
[ 92 Pa. Commw. Page 485]
Patricia A. Beharry, Controller of Washington County (Appellant) appeals here from an order of the Washington County Court of Common Pleas entered with respect to a mandamus action instituted by Appellant to compel the Commissioners of Washington County*fn1 (Commissioners) who, together with Appellant constitute the Salary Board of Washington County*fn2
[ 92 Pa. Commw. Page 486]
to fix compensation for her solicitor at not less than $50.00 per hour for litigation and $250 per month for advice and counsel. Commissioners have moved to quash the appeal. By prior order of Court, we directed that that motion would be heard with argument on the merits. We will grant the motion to quash.
A brief review of the procedural history of this case is necessary to an understanding of the result we reach. On the same day Appellant filed her complaint, she also applied to our Supreme Court requesting that Court to assume jurisdiction of the proceedings pursuant to the provisions of Pa. R.A.P. 3309.*fn3 That Court directed the Court of Common Pleas of Washington County to appoint counsel for Appellant, stayed the mandamus proceedings pending appointment of counsel and denied the application in all other respects.
When counsel had been appointed as directed and after a hearing,*fn4 the trial judge stated from the bench that he was going to direct the County Commissioners "in their capacity as salary board members" to adopt a resolution permitting the Controller to hire counsel of her own choice. He further stated that the compensation "at the discretion of the salary board" could be at a fixed rate or could be fixed by the judge before whom the Controller had cases pending.
Thereafter, on August 3, 1984 the trial judge filed the following order:
[ 92 Pa. Commw. Page 487]
AND NOW, this 3rd day of August 1984, upon consideration of the testimony and evidence presented, the request of the plaintiff, Patricia A. Beharry, Controller of Washington County, ...