DeLuca v. Mountain View School District

72 Pa. D. & C.2d 350, 1974 Pa. Dist. & Cnty. Dec. LEXIS 28
CourtPennsylvania Court of Common Pleas, Susquehanna County
DecidedDecember 14, 1974
Docketno. 158
StatusPublished

This text of 72 Pa. D. & C.2d 350 (DeLuca v. Mountain View School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Susquehanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeLuca v. Mountain View School District, 72 Pa. D. & C.2d 350, 1974 Pa. Dist. & Cnty. Dec. LEXIS 28 (Pa. Super. Ct. 1974).

Opinion

O’MALLEY, P. J.,

HISTORY OF THE CASE

This action in assumpsit was brought by 22 teachers against their employer school district for damages allegedly sustained as a result of defendant’s misapplication of mandatory salary schedules established by the General Assembly of our Commonwealth. It was commenced by the filing of a praecipe for writ of summons on June 26, 1972.

Plaintiffs have moved for summary judgment pursuant to Pa.R.C.P. 1035. This court has before it on consideration of that motion plaintiffs’ complaint, defendant’s answer and new matter, a reply to new matter, extensive answers by defendant to plaintiffs’ interrogatories, a position on facts from [352]*352each side, and a brief from each side. As a result of all these papers, there remains no controversy as to the amount of money actually paid to each teacher for the years in question, and the only ultimate issue is one of law, namely the amount of money mandated by the legislature to be paid to each plaintiff. Therefore, this is an appropriate case for disposition by summary judgment.

FACTUAL BACKGROUND

Plaintiffs are seeking adjustments of their salaries dating from the 1965-1966 school year, which was the first year to which the legislature applied its Act 405 of December 9, 1965, P.L. 1057, 24 P.S. §11-1142. Act 405 required a determination for each teacher of “the step . . . attained by agreement or by years of experience within the school district whichever is higher,” and an application of that determination to the minimum schedule of salaries mandated by the legislature. For the school year 1968-1969, Act 405 was superseded by Act 96 of June 12, 1968, P.L. 192, 24 P.S. §11-1142, which again referred to “the step ... attained by years of experience within the school district each step after step 1 constituting one year of service.”

For the school year 1967-1968, defendant, Mountain View School District, adopted a local salary schedule which was uniformly $800 higher than the mandated minimum schedule of Act 405. In following years Mountain View promulgated local salary schedules which for the most part were $300 higher than the mandated minimum schedule of Act 96, although the 1971-1972 schedule appears to be some $600 above the minimum. In any event, this case involves no prob[353]*353lem with the validity of the local schedules since 1967-1968; it is the determination of the steps thereunder which is at issue for those years.

Simultaneously with the adoption of the 1967-1968 schedule, Mountain View adopted the following:

“Application of the Salary Schedule
“1. The salary adjustment for classroom teachers shall not exceed $700. in the 1967-68 school year except those with 30 years of service. The balance of the adjustment shall be made in the 1968-69 school year.
“2. Teachers with 30 years of service shall receive one increment of $300. in addition to the increase in salary for the school year 1967-68. In the following year a second increment of $300. will be granted for said employees with 30 years or more of service. For those teachers who have 15 years or more of service, but less than 30, one increment shall extend the maximum salary by $300.”

It is the validity of the above language, and especially of the purported $700 increment limitation, that presents to this court one of the major issues of this case, and one which is a novel question of law in this Commonwealth.

ISSUES PRESENTED

I. Applicability of the defenses of laches and the statute of limitations.

II. The application of the $900 increment minimum of Act 405 to the 1965-1966 school year.

III. The determination of the correct steps upon which various plaintiffs should have been placed by Mountain View.

[354]*354IV. The validity of the $700 increment maximum adopted by Mountain View for the 1967-1968 school year.

DISCUSSION OF LAW

I. Initially this court must determine the merits of the defenses raised in Mountain View’s new matter, namely laches and the statute of limitations. Plaintiffs are correct in asserting first that laches is uniquely an equitable defense and is not available in assumpsit actions: Transbel Investment Co. v. Scott, 344 Pa. 544, 26 A. 2d 205 (1942).

Second, the earliest claims asserted by any of the plaintiffs are for the school year 1965-1966, and in light of the various papers filed in this case only the claim in count 17 still stands for that year (see below at II). The contract in question, signed on July 26, 1965, by its own terms continues “in force year after year” but otherwise does not specify the dates contemplated. However, it does incorporate by reference the provisions of the Public School Code of December 27, 1951, P.L. 1776, 24 P.S. §§10-1066, et seq., and the amendments thereto, in which it is defined that the term “school year” in districts of the third class (such as Mountain View) means the period from July 1 of one calendar year through June 30 of the next calendar year: Act of July 31, 1963, P.L. 389, sec. 1, 24 P.S. §1-102(4). Thus the contract in question renewed automatically as of July 1, 1966. If it can be said that the contract for 1965-1966 expired at all, it did so only after June 30, 1966.

There have come to the attention of this court no cases dealing specifically with the applicability of statutes of limitations to actions on teachers’ employment contracts. It is a general principle of [355]*355law, however, that a cause of action on a contract for payment of services arises only when the services are completed: Thorpe v. Schoenbrun, 202 Pa. Superior Ct. 375, 195 A. 2d 870 (1963). It is also the law that the six-year statute of limitations begins to run only when the cause of action on a contract arises: Thorpe v. Schoenbrun, supra; Rankin v. Woodworth, 3 P. & W. 48 (1831).

In the case at bar, the cause of action on the 1965-1966 employment contract arose only after June 30, 1966, and the praecipe for writ of summons was filed on June 26, 1972. Therefore, even if the six-year statute of limitations applies to actions on employment contracts of this nature which renew automatically each year, the cause of action asserted in count 17 of this case is not barred. It is unnecessary for this court to decide the effect of the automatic renewal clause or of the fact that the contracts in this case appear to be sealed instruments and thus might be unaffected by any statute of limitations. See Lundvall v. Camp Hill School District, 58 D. & C. 2d 643, 22 Cumb. 142 (1972).

II. It appears from the parties’ respective positions on facts that, with the exception of plaintiff Woelkers in count 17, all plaintiffs either were paid at least the State-mandated minimum salary at the correct step or received a $900 increase for the school year 1965-1966. Section 2(f) of Act 405 provided:

“Where the difference between the salary earned by a professional or temporary professional employe for the school year 1964-1965 and the salary to which such employe is entitled in accordance with the foregoing provisions of this section exceeds nine hundred dollars ($900), such employe shall be paid for the school year 1965-1966 an [356]

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Related

Smith v. Philadelphia School District
5 A.2d 535 (Supreme Court of Pennsylvania, 1939)
Transbel Investment Co., Inc. v. Scott
26 A.2d 205 (Supreme Court of Pennsylvania, 1942)
Sweeney v. Lakeland School District
319 A.2d 207 (Commonwealth Court of Pennsylvania, 1974)
Thorpe v. Schoenbrun
195 A.2d 870 (Superior Court of Pennsylvania, 1963)

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Bluebook (online)
72 Pa. D. & C.2d 350, 1974 Pa. Dist. & Cnty. Dec. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deluca-v-mountain-view-school-district-pactcomplsusque-1974.