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PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY v. RUDOLPH J. DI MASSA (03/19/82)

filed: March 19, 1982.

PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY
v.
RUDOLPH J. DI MASSA, SR., RUDOLPH J. DI MASSA, JR., ANTHONY DI MASSA AND RITA DI MASSA, APPELLANTS



NO. 36 Harrisburg, 1980, Appeal from Order entered in the Court of Common Pleas, Civil Division, of Dauphin County at No. 129 of January 1976

COUNSEL

Rudolph J. DiMassa, Philadelphia, for appellants.

John D. Killian, Harrisburg, for appellee.

Price, Beck and Johnson, JJ.

Author: Beck

[ 296 Pa. Super. Page 530]

Appellee Pennsylvania Higher Education Assistance Agency sued appellants in trespass in the Court of Common Pleas of Dauphin County alleging that it had paid appellants monies for scholarship grants based upon applications submitted to it which contained false representations.

Appellants filed preliminary objections alleging that appellee had failed to state facts constituting fraud and alleging that the Court of Common Pleas lacked subject matter jurisdiction. The basis of the latter objection was that the administrative regulations, promulgated by appellee, provided for appeal from denial of an application for a scholarship grant to be made only to the Commonwealth Court.*fn1

[ 296 Pa. Super. Page 531]

The lower court dismissed appellants' Preliminary Objections, and it is from this order that appellants filed the within appeal.

In their "Statement of Jurisdiction" on appeal, appellants recite:

This Court has jurisdiction pursuant to a Notice of Appeal from the Order of the Court below entered on January 22, 1980, on the question of jurisdiction and an Affidavit of Service thereof having been filed on February 4, 1980.

Jurisdiction of this Court is clearly not conferred by a filing of Notice of Appeal, but arises only under the Constitution and statutes of the Commonwealth. The Order appealed from is clearly interlocutory in character. This court has jurisdiction of appeals from interlocutory orders only where specifically authorized by statute or general rule. Evans v. Government Employees Insurance Company, 291 Pa. Super. 342, 435 A.2d 1258 (1981); Metropolitan Federal Savings and Loan Association v. Bailey, 244 Pa. Super. 452, 458-59, 368 A.2d 808, 812 (1976).

An appeal of an interlocutory order may be allowed by the Appellate Court pursuant to 42 Pa.C.S. 702, ...


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