dissenting.
Diane Stackhouse filed a three-count complaint in the Dauphin County Court of Common Pleas. The first count sought declaratory and injunctive relief from alleged violations of appellant’s privacy, reputation, and due process by internal investigations conducted by her employer, the Pennsylvania State Police, Commissioner Evanko, and Deputy Commissioner Coury, in their official capacities. The second and third counts sought monetary damages from Commissioner Evanko for constitutional deprivations undertaken outside the scope of his authority as Commissioner of the State Police.
*569The issue before this Court is whether the Commonwealth Court or the court of common pleas has jurisdiction to hear those claims. The Pennsylvania Constitution, Article V, § 4, states the Commonwealth Court’s jurisdiction shall be established by law; Article V, § 5 grants the courts of common pleas unlimited original jurisdiction except as otherwise provided by law. Clearly under the Constitution it is for the General Assembly to confer jurisdiction. See, e.g., Commonwealth v. Saunders, 483 Pa. 29, 394 A.2d 522, 524 (1978).
The Commonwealth Court has been granted original jurisdiction of all civil actions against the Commonwealth. 42 Pa.C.S. § 761(a)(1).1 Here, appellant sought injunctive relief against the Pennsylvania State Police and its commissioners in their official capacities. Pursuant to § 761(a)(1), the Commonwealth Court unambiguously had original and exclusive jurisdiction over these claims. See also 42 Pa.C.S. §§ 761(b),2 931(a) (limiting jurisdiction of courts of common pleas where exclusive jurisdiction of action or proceeding is vested in another court by statute).
The monetary claims are different, however. In Pennsylvania Dep’t of Aging v. Lindberg, 503 Pa. 423, 469 A.2d 1012 (1983), this Court considered the interplay between the Commonwealth Court’s original jurisdiction in § 761 and appellate jurisdiction of governmental agency decisions in § 763. This *570Court held those matters placed under the Commonwealth Court’s appellate jurisdiction were excluded from its original jurisdiction. See also Pa. Const., art. V, § 9 (right of appeal to appellate court).
Section 762 grants the Commonwealth Court exclusive appellate jurisdiction of matters arising from courts of common pleas:
(a) General rule. — Except as provided in subsection (b), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following cases:
(1) Commonwealth civil cases. — All civil actions or proceedings:
(i) Original jurisdiction of which is vested in another tribunal by virtue of any of the exceptions to section 761(a)(1) (relating to original jurisdiction), except actions or proceedings in the nature of applications for a writ of habeas corpus or post-conviction relief not ancillary to proceedings within the appellate jurisdiction of the court.
42 Pa.C.S. § 762(a)(1)®. Applying the preclusive effect of appellate jurisdiction described in Lindberg, the Commonwealth Court does not have jurisdiction to hear monetary claims; rather, that court is responsible for the appellate review of such an action. Therefore, those claims are properly in the court of common pleas.
Faced with this conundrum of jurisdiction, the majority recasts appellant’s claim for equitable relief in Count I as one for monetary damages so the entire matter can be shunted to the court of common pleas. The rationale for this juristic reformation of the complaint is to deny litigants the ability to forum shop through artful pleadings, but this forces a square peg into a round hole.
The jurisdiction of the courts is determined by the General Assembly. As such, the causes of action for monetary damages and equitable relief should be resolved by the courts that have been given the authority to entertain such claims. An action that includes claims under the Commonwealth Court’s *571original jurisdiction must be filed with the Commonwealth Court; the claims for which the Commonwealth Court has appellate jurisdiction pursuant to § 762(a)(l)(i) may exist in that court as pendent claims for the courts of common pleas to resolve.
The Commonwealth Court has primary jurisdiction in such actions because when a party seeks to invoke the equitable power of the Commonwealth Court, the threshold question is whether equity jurisdiction is appropriate; equity will not intervene where there is an adequate remedy at law. Department of Public Welfare v. Eisenberg, 499 Pa. 530, 454 A.2d 513, 514-15 (1982). If an adequate remedy at law exists, the Commonwealth Court may dismiss the equity claim. If no adequate remedy at law exists, the Commonwealth Court should proceed to the merits of the equity claims using procedures already in place. See Pa.R.A.P. 3731-35. After the court has exhausted matters under its jurisdiction, the remaining claims can then be transferred to the court of common pleas.3 See 42 Pa.C.S. § 503 (reassignment of matters). Resolving each action in the appropriate court would eliminate the concern of forum shopping. Further, if application of the jurisdictional statutes proves onerous to litigants or the courts, it is a matter for the General Assembly.
Accordingly, I respectfully dissent.
Chief Justice CAPPY and Justice NIGRO join this dissenting opinion.. Section 761(a)(1) states:
(a) General Rule. — The Commonwealth Court shall have original jurisdiction of all civil actions or proceedings:
(1) Against the Commonwealth government, including any officer thereof, acting in his official capacity....
42 Pa.C.S. § 761(a)(1). Several exceptions to the general rule have been enacted, see id., § 761(a)(l)(i)-(v), but none are applicable to this matter.
. Section 761(b) states:
(b) Concurrent and exclusive jurisdiction. — The jurisdiction of the Commonwealth Court under subsection (a) shall be exclusive except as provided in section 721 (relating to original jurisdiction) and except with respect to actions or proceedings by the Commonwealth government, including any officer thereof, acting in his official capacity, where the jurisdiction of the court shall be concurrent with the several courts of common pleas.
42 Pa.C.S. § 761(b).
. Appellant sought injunctive relief regarding her right of privacy and reputation under Article I, § 1 of the Constitution; her claims for monetary damages are based on an alleged violation of these rights. If the Commonwealth Court concludes appellant's rights were not implicated, this determination could be dispositive of her other claims.