Barsky v. Commonwealth, Department of Public Welfare

Opinion by

Judge MacPhail,

Preliminary objections have been filed by the Department of Public Welfare (DPW) to an Amended Petition for Review wherein Murray Barsky, D.P.M., is the Petitioner. The petition recites that this Court has jurisdiction of .the matter by virtue of the provisions of 42 Pa. C. S. §761, which sets forth our “original jurisdiction”, 42 Pa. C. S. §763, which sets forth our “appellate jurisdiction” and 42 Pa. C. S. §.§7531-7541 which is the Declaratory Judgments Act (DJA). DPW’s objections are in the nature of a petition raising a question of jurisdiction and a demurrer.

The…