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PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY v. JAMES A. BARKSDALE AND CYNTHIA BARKSDALE. APPEAL CYNTHIA BARKSDALE (08/13/82)

filed: August 13, 1982.

PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY
v.
JAMES A. BARKSDALE AND CYNTHIA BARKSDALE. APPEAL OF CYNTHIA BARKSDALE



No. 210 Harrisburg, 1980, Appeal from the Order of the Court of Common Pleas, Civil Action Law, Dauphin County, No. 2666 S 1977.

COUNSEL

Stephen R. Krone, Harrisburg, for appellant.

Betty Perry, Harrisburg, for appellee.

Wickersham, Montemuro and Watkins, JJ.

Author: Montemuro

[ 303 Pa. Super. Page 282]

The underlying factual pattern presented by this case is the all-too-familiar situation in which the recipient of a student loan decides to default upon her promise to repay that loan.

Complaint was filed on August 22, 1977. Appellant, the defaulting student, filed Preliminary Objections to the complaint alleging that venue was improper. The matter was listed for argument on August 18, 1980 and the preliminary objections to venue were dismissed by order of the court below on October 31, 1980. Appellants appealed to the Superior Court from this issue on November 12, 1980. On November 18, 1980, appellee filed Application for Transfer of Appeal to the Commonwealth Court.

We agree with appellee that jurisdiction is proper in the Commonwealth Court, and such a transfer is hereby ordered pursuant to Pa.R.A.P. 751 and 752.

Section 102 of the Judiciary and Judicial Procedure, found at 42 Pa.C.S.A., defines "Commonwealth government" in pertinent part as follows:

The government of the Commonwealth, including . . . the departments, boards, commissions, authorities and offices and agencies of the Commonwealth . . .

Section 762 sets forth the jurisdiction of the Commonwealth Court on appeals:

[ 303 Pa. Super. Page ...


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