Legal Opinion

Parker v. Commonwealth, Department of Public Welfare

Commonwealth Court of Pennsylvania

Decided March 6, 1980No. 1522 C.D. 1978PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Judge MacPhail,

Larry Parker has filed a Petition for Review for Declaratory Judgment asking us to declare invalid as against the Pennsylvania Department of Public Welfare (DPW) an “Agreement and Authorization to Pay Claim” (Agreement) a copy of which is attached to the petition now before us. DPW has filed preliminary objections in the nature of a petition raising the question of jurisdiction, a motion to strike and a demurrer.

DPW contends that since the Agreement is a contract, exclusive jurisdiction to determine its validity lies with the Board of Claims. Petitioner contends that…

2Cases cited2 opinions

  1. Vespaziani v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  2. Commonwealth v. DePaulCommonwealth Court of Pennsylvania · 1977

3Cited by5 opinions

  1. Temtex Products, Inc. v. KramerSupreme Court of Pennsylvania · 1984
  2. Kistler v. CommonwealthCommonwealth Court of Pennsylvania · 1980
  3. Peace v. Commonwealth, Department of Public WelfareCommonwealth Court of Pennsylvania · 1985
  4. Stambaughs Air Service, Inc. v. LarsonCommonwealth Court of Pennsylvania · 1986
  5. Pennsylvania Ass'n of State Mental Hospital Physicians v. CommonwealthCommonwealth Court of Pennsylvania · 1987

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