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CATHERINE HINELINE v. GENERAL STATE AUTHORITY COMMONWEALTH PENNSYLVANIA (08/07/74)

decided: August 7, 1974.

CATHERINE HINELINE, WIDOW, HARRY HINELINE AND ANNA MARIE HINELINE, HIS WIFE, AND JACK HARLAN HINELINE, EXECUTOR OF THE ESTATE OF JOSEPH HINELINE, DECEASED, PLAINTIFFS,
v.
THE GENERAL STATE AUTHORITY OF THE COMMONWEALTH OF PENNSYLVANIA, DEFENDANT



Original jurisdiction in case of Catherine Hineline, Widow, Harry Hineline and Anna Marie Hineline, His Wife, and Jack Harlan Hineline, Executor of the Estate of Joseph Hineline, Deceased, v. The General State Authority of the Commonwealth of Pennsylvania.

COUNSEL

Ronald J. Mishkin, with him George T. Robinson, Mervine, Brown and Newman and Robinson and Hoffner, for plaintiffs.

H. Warren Ragot, Assistant General Counsel, with him Michael A. Madar, General Counsel, for defendant.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Kramer.

Author: Kramer

[ 15 Pa. Commw. Page 45]

This is a case in mandamus intended to come within the original jurisdiction of this Court. It involves a complaint filed by Catherine Hineline, widow, Harry Hineline and Anna Marie Hineline, his wife, and Jack Harlan Hineline, Executor of the Estate of Joseph Hineline, deceased (hereinafter collectively referred to as Hineline), praying for a writ of mandamus directing the General State Authority of the Commonwealth of Pennsylvania (GSA) to pay the sum of $6,136.56, together with interest from September 14, 1972 to the date of payment.

Hineline owned certain realty in the Borough of East Stroudsburg, Monroe County, for which the GSA filed a declaration of taking March 7, 1967 with the

[ 15 Pa. Commw. Page 46]

Court of Common Pleas of that county. On September 14, 1967, GSA made a partial payment to Hineline of $75,000. On November 20, 1970, the Board of Viewers appointed by the court filed their report dated November 18, 1970, wherein it awarded Hineline $168,000. On February 3, 1971, GSA attempted to take an appeal (nunc pro tunc), but this was quashed apparently on the basis of untimeliness, and no further appeal was taken. On September 11, 1972, Hineline made a demand upon GSA for an alleged net balance due in the amount of $126,136.56. That claim was based upon the following computation:

Award of Board of Viewers $168,000.00

Detention damages due on the award

     for a period from March 7, 1967

(the date of taking) to ...


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